Children and Young People in Care: Accommodation

Baroness Barran Excerpts

Thursday 16th December 2021 Lords Chamber

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

My Lords, all children in care deserve to live in homes that meet their needs and keep them safe; that is why we are reforming unregulated provision for children aged 16 and 17 and have banned the placement of under-16s. This week, we have announced that we will invest over £140 million to introduce mandatory national standards and Ofsted registration. We are also investing £259 million to maintain and build more places in open and secure children’s homes.

[Lord Laming (CB)]

My Lords, I am very grateful indeed to the Minister for that helpful Answer. As the House knows, no child is taken into care without there being clear evidence of the child’s safety being severely at risk. Indeed, some of us, or I guess all of us, wish that some local authorities had acted more quickly in respect of recent terrible cases. The Minister knows that the Competition and Markets Authority recently highlighted in its report the number of children who are still being placed in unregulated and inappropriate accommodation. Can the Minister kindly expand on what steps are being taken to rectify this worrying situation?

[Baroness Barran (Con)]

I thank the noble Lord for his question, and echo his sentiment, and the sentiment of the House, in relation to the two recent cases to which I think he was referring.

In relation to the CMA report, the department is extremely grateful to the CMA, which is addressing fundamental and important issues. We believe that the steps that we have announced this week will make an important difference in securing the safety of 16 and 17 year-olds in particular. The investment that we are making in open and secure children’s homes will also help to boost supply—but we are waiting for the full report to give our official response.

[Lord Young of Cookham (Con)]

My Lords, my noble friend will know that this year a record number of unaccompanied minors have arrived in this country seeking asylum, and many have been placed in hotels, with minimal supervision, making them vulnerable to exploitation and trafficking. What arrangements are the Government making to make sure that these vulnerable children get the support that they need?

[Baroness Barran (Con)]

Earlier this week, the national transfer scheme for unaccompanied asylum-seeking children, to whom my noble friend refers, was made mandatory for local authorities. As a result of that change, the majority of local authorities will be required to accept transfers of unaccompanied asylum-seeking children into their care. We believe that this will provide those very vulnerable children with the care and support that my noble friend rightly says they need.

[Lord Watson of Invergowrie (Lab)]

My Lords, on this day 30 years ago, the Government made a pledge to the United Nations that they would honour the Convention on the Rights of the Child, which contains comprehensive state obligations towards children. Yesterday’s announcement, referred to by the Minister, on national standards for unregulated supported accommodation for 16 and 17 year-olds was, sadly, a further sign that this Government have reneged on that pledge. Instead of making those establishments follow the quality standards for children’s homes, Ministers are pressing ahead with an alternative, rudimentary set of standards, which are devoid of any requirement to provide care to children. How can it possibly be acceptable for children to be in the care of the state and not receive any care where they live?

[Baroness Barran (Con)]

I understand why the noble Lord asks the question, and I am grateful for the opportunity to try to clarify the point. There are children with a foster placement or a placement in a children’s home, which cater for the vast majority of children in care, whose placements have broken down multiple times or who have come very late age-wise into the care system, who live in semi-independent living, which aims to give them the skills that they will need later in life. I hope that the noble Lord will acknowledge the important step that is being made with the introduction of these standards and the powers that it will give Ofsted to make sure that we give children that care.

[Baroness Hussein-Ece (LD)]

My Lords, 75% of children’s residential care homes are run by private firms, making huge profits, and the average placement now is around £4,000 a week. In spite of this, many London boroughs are having to place vulnerable children hundreds of miles away, outside the city and away from their homes and friends. I came across a case just recently in which a north London borough has to pay hundreds and hundreds of pounds in taxi fares to bring children and young people back into the borough to receive appropriate educational support. These are children who have severe mental health problems. What is being done to mitigate this? Surely it cannot be right to send vulnerable children out of the borough—hundreds of miles away—and then to have to bus them back again for them to get the support that they need. Surely that is a terrible waste of funding.

[Baroness Barran (Con)]

The noble Baroness will be aware that the majority of looked-after children, 74% as at March 2021, were located 20 miles or less from their home, which is a slight increase on 2020. Only 6% of children are placed more than 20 miles away from their home.

[Baroness Armstrong of Hill Top (Lab)]

My Lords, is it not clear from the questions to the Minister that we are dealing with a broken system that is letting children down? Will the Government think really deeply about this and seek ways to make sure that care is not the only alternative for children who are vulnerable? If more families get the right support at the right time, fewer children will end up at the risk they are at today—we know this from those places where effective early intervention is taking place across the age ranges, where they have been able to hold stable the number of such children or even reduce them. When will the Government switch their perspective and go for early intervention?

--- Later in debate ---

[Baroness Barran (Con)]

With respect to the noble Baroness and to the House, these children were originally let down within their own homes, sadly. That is the tragedy, which I know she knows very well. She will also be aware that the Government have announced a really ambitious plan, in terms of family hubs, with a great focus on the first 1,000 days of a child’s life—she and I have discussed the importance of that in previous conversations. It is not an either/or choice: there will be children who need support and intervention earlier on, and we are committed to doing both well.

[Lord Bird (CB)]

Is this the place to talk about a very big issue—pardon the pun—which is the fact that the flow of children out of care into homelessness and on into the prison system is still carrying on to such an extent that probably 25% of the people I work with in and around homelessness and 25% of people in prison have come from a care background?

[Baroness Barran (Con)]

I thank the noble Lord for the unique perspective and experience that he brings to this question. He is right, and that is why, together with the Department for Levelling Up, the Department for Education published guidance last year to make sure there are common standards for supported accommodation for young people aged 18 and over. That is an important basis, as the noble Lord understands well, but we are committed to providing additional support also.

[Lord Lexden (Con)]

Do the Government remain committed to helping those children in care who would benefit from a boarding education to obtain places in our excellent state and independent boarding schools, through their boarding school partnerships unit at the DfE? Is it not clear that children in care suited to a boarding education obtain good results in our national examinations? Are the Government supporting charities, such as the Royal National Children’s SpringBoard Foundation, which are working with boarding schools and local authorities to increase the number of places for children in care, mindful always that many children will not benefit from or be suited to a boarding school education?

[Baroness Barran (Con)]

The Government recognise the opportunity offered by both the state boarding and the independent sector to provide good outcomes for children in care. I am extremely pleased to report to my noble friend that the first cohort of 28 children commenced boarding placements this September as a result of the Royal National Children’s SpringBoard Foundation’s work on creating a national network of schools.

School Openings: January 2022

Baroness Barran Excerpts

Thursday 16th December 2021 Lords Chamber

[Lord Watson of Invergowrie (Lab)]

My Lords, before I respond to the government response to the Question, I am sure I am not alone in my thoughts being dominated today by the absolutely horrific news from Tasmania. Five children in a primary school have died and many others were seriously injured on what should have been a day of joy, the last day of their school term. I speak for all noble Lords in saying that my thoughts are with the families involved in their unimaginable pain and anguish.

In responding to the Urgent Question in another place yesterday, the Minister for Skills said:

“The Government are committed to ensuring that schools open in January as normal.”—[Official Report, Commons, 15/12/21; col. 1061.]


We hope that is the case, but vaccination and ventilation are key to reducing the spread of Covid in schools and keeping children in the classroom in the new year. However, nationally less than half of 12 to 15 year-olds have had a vaccine and the weekly number of vaccines has fallen by 80% since October. Staff, children and parents are on the brink of a third year of school disruption.

To minimise that, I ask the Minister if the Government will adopt Labour’s calls for a clear, targeted communications campaign to parents on the benefits of vaccination for children, together with access to pop-up and walk-in clinics, and the mobilisation of volunteers and retired clinicians to deliver it successfully.

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

With the leave of the House, I share the initial sentiments of the noble Lord opposite and send my condolences to all touched by the tragedy in Tasmania.

As my honourable friend in another place said, we will do everything in our power to keep schools open throughout January and beyond. All in this House acknowledge the great price that children have paid over the last two years. I hope the noble Lord acknowledges that there has been a very active communications plan about the importance of getting vaccinated and having a booster jab. We press on with that, but we are exploring every avenue. I am pleased to tell the House that over 350,000 CO₂ monitors have been delivered to schools—above our target of 300,000 before the end of term—and 99% of eligible settings now have that equipment.

[Baroness Blackstone (Ind Lab)]

My Lords, it is not very often that I am able to get up and congratulate the Government on an Answer to an Urgent Question, but I do so today because it is absolutely right. As the Answer says:

“Protecting education continues to be our absolute priority.”—[Official Report, Commons, 15/12/21; col. 1061.]


What kind of communication strategy is being developed to provide parents with the reassurance they need and to tell them just how important it is that their children continue to go to school, given what we know about absence from school at an earlier stage in the pandemic? Could the Minister also tell the House what kind of encouragement is being given to schools and local authorities to keep extracurricular programmes going? These are so important for disadvantaged children.

[Baroness Barran (Con)]

The noble Baroness is right. I thank her, and I will frame her acknowledgement of our progress in this area. The Secretary of State is absolutely clear about the importance of education, that we should do all in our power, and that the best place for children to be is in school.

On our communication campaign, we are targeting the whole nation for reasons the noble Baroness understands very well relating to vaccination and the importance, particularly given the transmissibility of the omicron variant, that all of us get boosted and jabbed. We are moving as quickly as possible with that.

On the wider issue of support, we are working very closely with schools and local authorities. We have offered them financial and practical support, particularly during the Christmas holidays, for some of the additional food and holiday clubs we offer through our schools.

[Lord Addington (LD)]

My Lords, I associate myself with the sentiments of the noble Lord, Lord Watson, about the tragedy in Tasmania. Could the Minister give us some idea of the lessons the Government have learned from the last series of lockdowns, when schools were not there? What strategy will we implement? We know that if you happen to have a house with lots of digital conductivity and devices, you are fine. What capacity is there if children do have to spend time away from the classroom? We want to get kids into schools but we cannot always guarantee it. What are plans B, C or even alpha?

[Baroness Barran (Con)]

I am not sure that the House would want me to go through all the plans, but the top line we have learned—I think we knew this before, but we know it more vividly now—is that the safest place for children is to be in school. On digital connection, we have distributed more than 1.35 million devices to ensure that children can be connected to education remotely, but we also funded the Oak National Academy, which is providing excellent online resources that can be used both in a classroom and at home.

[Baroness Bull (CB)]

My Lords, given what we know about the crucial role that ventilation plays in the fight against the spread of Covid in classrooms, might the Government reconsider their commitment to fund the provision of air filtration devices only for SEND and AP schools, rather than all schools? Does she not agree that it should surely be a priority to ensure that all schools can access this crucial mechanism for protection, not just those that happen to have some budget spare?

[Baroness Barran (Con)]

The noble Baroness’s tone is a little harsh in saying “budget spare”. We are talking about making sure our classrooms are safe for children, which is why we prioritise the distribution of devices to children with special educational needs and children in alternative provision. Indeed, beyond CO₂ monitors, we have disrupted 1,000 ventilation devices to those schools and launched a marketplace where schools can buy purification devices at the best prices.

[Baroness McIntosh of Hudnall (Lab)]

My Lords, the Minister talked about students and we have also talked about parents. We have not yet talked about teachers. What are the Government doing to support school leaders at a time when the management of the fluctuating crisis we are all in is extremely difficult? Can she assure us that the messaging that goes to school leaders at this time is, as far as possible, encouraging and supportive but not accusatory?

[Baroness Barran (Con)]

We have been extremely clear in our gratitude to school leaders for the extraordinary job they have done over the last couple of years. We have the workforce fund, which provides funding for supply teachers and has been extended until the spring half-term. We are endeavouring to communicate in the most constructive and positive way possible.

[Baroness Finlay of Llandaff (CB)]

Can the Government confirm that the additional funding being allocated to support education is also being distributed to the devolved Administrations to support children in school in the devolved nations of the UK?

[Baroness Barran (Con)]

My understanding is that systems are already in place for achieving that.

[Baroness Fox of Buckley (Non-Afl)]

My Lords, this morning we discussed children in care. For them, the in loco parentis role of schools is especially important. We also mentioned the awful murder of young Arthur, and we know that teachers might well have picked up on the horrors he endured that social services missed. Will the Minister ensure that some communication is not just about vaccines but about the role schools play as community hubs of social solidarity for children, as well as in educating them? Will the Government also note the serious collateral damage when education policy organises everything around Covid, neglecting all those other negative impacts so vividly demonstrated in the Ofsted reports and the devastating stories of year 7 pupils?

[Baroness Barran (Con)]

The noble Baroness is right. In our communication with schools and multi-academy trusts last week, we again pointed to the important role they play in identifying vulnerable children.

[The Deputy Speaker (Baroness McIntosh of Hudnall) (Lab)]

My Lords, the time limit on this Question has expired.

Alternative Education

Baroness Barran Excerpts

Wednesday 15th December 2021 Lords Chamber

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

My Lords, in January 2021 there were 12,800 pupils whose main registration was in a state place funded alternative provision, or AP. A further 9,200 pupils were dual subsidiary registered in state place funded AP, meaning their main registration was at another school. Additionally, local authorities arranged 32,700 placements for children and young people in other independent or non-maintained registered and unregistered settings. Around 59% of these were in independent and non-maintained special schools, many of which are not AP placements.

[Lord Storey (LD)]

My Lords, of the 40,000 or so young people in alternative provision it is widely recognised that once they finish their schooling, many leavers—particularly those with special educational needs—still have anxieties of a large institutional environment. The only funded progression opportunity that exists at entry level would be a further education college. Will the Minister look at supporting these year 11 leavers in alternative provision and pupil referral units who require time to develop and progress towards level 2 with post-16 alternative education funding?

[Baroness Barran (Con)]

I recognise the work the noble Lord has done in this really important area. He is right that the percentage of young people leaving alternative provision who go on to be NEET is far too high. Over the last two years we have provided £15 million of funding for the AP year 11 transition fund, which allows settings to support year 11 students to transition into sustained post-16 destinations. That fund supported over 6,000 pupils, which is about 55% of pupils in year 11.

[Lord Soley (Lab)]

My Lords, can the Minister tell us where we are up to on the register? She will remember, I think, that some two years ago the Bill on home education passed through this House with support from all sides. I have had letters from Ministers since then saying that it is going to proceed, but it never actually does. It might be a good idea if they at least told me what is happening; it would be quite nice if they told the rest of the House as well. So, can we have an answer to that question: what is happening to the register?

[Baroness Barran (Con)]

The noble Lord will be aware that we consulted on the register, and he will no doubt be delighted to know that we have responded to that consultation. From the local authority perspective, the consultation showed a clear call for a register, which we support. There was concern expressed by parent groups who educate their children at home. We absolutely understand that many parents go above and beyond to do that, but the safety of children and the fact that we know where they are is all-important.

[Lord Bird (CB)]

Is it possible to accept the fact that a lot of people like myself have had to put their children through alternative education largely because things such as dyslexia are not really accounted for? We have had to follow the Steiner school system, which is about helping people with those problems. That is one of the major reasons why there are so many children going through alternative education.

--- Later in debate ---

[Baroness Barran (Con)]

I think the noble Lord uses the term “alternative education” in a slightly broader sense than the noble Lord, Lord Storey, does, but he is absolutely right that it is critical that we support teachers, particularly in mainstream schools, where the majority of children with special educational needs study and learn, to identify as early as possible dyslexia and other similar issues.

[Lord Pearson of Rannoch (Non-Afl)]

My Lords, I assume that the Government agree that the number of children in alternative education is less important than its quality. Can the Minister tell us not only how many Muslim children attend our 2,000 madrassas—which are not inspected by Ofsted—but how the Government are satisfied that radical Islam is not being taught in them?

[Baroness Barran (Con)]

I can do my best to get the numbers on the noble Lord’s first question, but we need to be extremely careful not to mix up what is a school, which is regulated by Ofsted, and what settings provide additional education. We are tightening up the definition of a school and will be looking for a legislative opportunity to bring that forward.

[The Lord Bishop of St Albans]

My Lords, returning to home schooling, I have been very struck by the number of people I have met in the last year or two who have decided to take their children out of mainstream schooling to educate them at home—often, from what I hear, with spectacular academic results. But what assessment has been made about the trends of whether this is increasing, and what assessment has been made about the reasons why people are doing this? We need to listen to what is happening at a grass-roots level to understand this phenomenon.

[Baroness Barran (Con)]

The right reverend Prelate asks about the trends. One of the reasons we plan to introduce a register of home-educated children is exactly that: it is very difficult to track those trends today. There has been a lot of anecdotal evidence about the increase in the number of children who are electively home educated during the pandemic, but we do not have hard data on that, and we need to. As the right reverend Prelate knows, there are many reasons why parents choose to take their children out of school. Some children will benefit from being home educated, but we also know—to go back to the Question from the noble Lord, Lord Storey—that there are parents who are concerned that their children will end up in alternative provision and want to avoid that, and therefore choose to educate them at home.

[Lord Watson of Invergowrie (Lab)]

My Lords, two and half years have now passed since the Timpson review of school exclusions presented its report, following which the DfE confirmed that it would hold schools accountable for the outcomes of their permanently excluded children—yet a report that the department itself commissioned in May showed that in some multi-academy trusts, schools were refusing to engage with alternative provision. Can the Minister say what instructions have been given to regional schools commissioners to ensure that all schools in multi-academy trusts meet their responsibilities with regard to alternative education provision, which, of course, looks after the high needs of young people?

[Baroness Barran (Con)]

With regard to the Timpson review, where the noble Lord started, one of the vehicles through which we will deliver on all of the recommendations that we have accepted in the Timpson review will be the SEND review, which, as the noble Lord knows, we plan to deliver in the spring. We have already established behaviour hubs with funding of £10 million. We have included training in the early career framework around behaviour and we are clear in all our guidance that off-rolling students with challenging behaviour is unacceptable.

[Lord Addington (LD)]

My Lords, the link between special educational needs—particularly undiscovered special educational needs—and children being excluded is very well established. When we get this review into SEND, how much work has been done in identifying what is needed in teacher training and professional development to spot at least the most commonly occurring conditions? Will that be a key part of the review and will this be taken into account when looking at what will happen to the high numbers of pupils who are being excluded?

[Baroness Barran (Con)]

The noble Lord is right. About 83% of children in alternative provision have special educational needs and 24% of them are on an education, health and care plan, compared with 4% in the wider population. We will be looking at all the best evidence and research to make sure in the SEND review that we deliver for these children who, for the most part, have had a difficult start in life and we need to support them in the best way we can.

[Baroness Blower (Lab)]

My Lords, given that the reason for young people being in alternative provision is that they have been less than successful in mainstream settings and given that academies and free schools do not have to follow the national curriculum, does the Minister think that there is a reason to look at the national curriculum so that more schools, including all our academies, might think it was fit for purpose?

[Baroness Barran (Con)]

I do not think that there is any suggestion that the educational quality in our academies is not fit for purpose. I hope the noble Baroness would agree that it is crucial that when we plan provision in an area, we first consider our most vulnerable children—of whom this is an important group—and make sure that they get the education that they deserve.

Disabled Students’ Allowance Scheme

Baroness Barran Excerpts

Thursday 9th December 2021 Lords Chamber

[Lord Holmes of Richmond]

To ask Her Majesty’s Government what plans they have to review the operation of the Disabled Students’ Allowance scheme to ensure it is working in a timely manner and in the best interests of those it is set up to support.

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

My Lords, the Department for Education continues to work closely with the Student Loans Company to seek ways to improve the efficiency and effectiveness of the disabled students’ allowance. Current projects include improving the application experience for students and putting in place contracts for the provision of needs assessment and assistive technology, which should secure increased value for money and improve the service to students.

[Lord Holmes of Richmond (Con)]

My Lords, considering the problems with the application process, the 150-day wait between application and potential award, and that there is no audit or quality assurance, the scheme is clearly not working in a timely or optimal manner for those it is set up to serve. Does my noble friend agree that it is time for a review and an overhaul of disabled students’ allowance for visually impaired students and all disabled students? Will she agree to meet me and others to fully examine all the issues?

[Baroness Barran (Con)]

I would of course be delighted to meet my noble friend to explore this, but a number of important improvements have already been introduced into the system. As we go forward, the Department for Education has set clear expectations for the quality standards that all DSA suppliers should meet. We will monitor these standards. We will have access to sound data with which to do this, in collaboration with the Student Loans Company, and will carry out audits at any time. We believe that the new procurement model will indeed improve the service for all DSA students.

[Lord Addington (LD)]

My Lords, I declare my interests in this field. Would the Minister care to comment on the fact that if you are identified as dyslexic at 14, you have to be told again once you are 18 that you are still dyslexic—it is a lifetime condition—and pay roughly £600 on both occasions for this privilege? How does this help anybody other than the person doing the assessment?

--- Later in debate ---

[Baroness Barran (Con)]

I am slightly confused by the noble Lord’s question. My understanding is that his point was valid up until 2019, but we changed the criteria then so that any pre-existing dyslexia assessment from any age would be valid in higher education.

[Lord Blunkett (Lab)]

My Lords, on that very point, will the Minister take back to other departments the immediate expansion of the pilot programme for the passport that allows the assessment to be carried through not just for disabled students’ allowance but to access to work? If this were carried all the way through from school and college this problem would, at least in part, be resolved.

[Baroness Barran (Con)]

I would be delighted to share that with colleagues in other departments.

[Lord Young of Cookham (Con)]

I welcome the improvements to which my noble friend has just referred but can she say something about the totality of resources available to disabled students so that all those who are entitled to this equipment have access to it?

[Baroness Barran (Con)]

My noble friend will be aware that changes have been made to how the allowance works. There will be a single annual allowance of £25,000, which will replace four separate allowances. Our aim is that it will be simpler and more flexible. When we did the equality impact assessment we found that, over three years, four students out of about 70,000 would be disadvantaged by this but that visually and hearing-impaired students in particular would have much flexibility about how they used the resource available to them.

[Baroness Sherlock (Lab)]

My Lords, I think the Government reformed DSA only last year, but the official evaluation quoted by the Commons Library found that only 55% of those getting DSA agreed that the support they received met all their needs. The really interesting thing was when they were asked whether the DSA enabled them to participate more fully in their course than they would be able to otherwise, only two-thirds said yes. I think that means that it is better than nothing. Given that we are spending £120 million a year on this, does the Minister think that perhaps a more fundamental review is needed?

[Baroness Barran (Con)]

I will look again at the research to which the noble Baroness refers, but, putting it another way, each student has a right to up to £25,000 a year. The average DSA—I appreciate it is the average and that there will be extremes at either end—is just below £2,000, so there is clearly no financial limit on students getting the support they need and we are absolutely committed to them receiving it.

[The Lord Privy Seal (Baroness Evans of Bowes Park) (Con)]

My Lords, the noble Baroness, Lady Thomas of Winchester, wishes to speak virtually. I think this is a convenient point for me to call her.

[Baroness Thomas of Winchester (LD) [V]]

My Lords, a student I know with the hidden disabilities of ADHD and dyslexia has had very good support from Brunel University because she had been told about DSA not at her school but at her diagnosis. Could the Minister encourage all schools to be more proactive in explaining the benefits of DSA?

[Baroness Barran (Con)]

The noble Baroness makes a good point and it is helpful to have a specific example. We work very hard to raise awareness of DSA through multiple channels, but there is still a significant gap between the number of registered disabled students at university and those who access the grant.

[Baroness Hussein-Ece (LD)]

Is the Minister satisfied with the take-up of DSA, particularly by students who have hidden disabilities? A report I saw recently—it was a few years ago—indicated that around 60% of students were not able to take it up and that only 13% or so were being informed about it by their university or college. Has there been an improvement on that?

[Baroness Barran (Con)]

I do not have the most recent data to hand, but if there is more up-to-date data, I will be very happy to share it with the noble Baroness and the rest of the House. Our understanding is that most eligible students who go through the full application process are getting the support they need, but the noble Baroness raises a good point about what happens to students who start the application and perhaps do not complete it or who are unaware of it. We are trying to address both those points.

Children and Families Act 2014: Education, Health and Care Plans

Baroness Barran Excerpts

Wednesday 8th December 2021 Lords Chamber

[Lord Blunkett]

To ask Her Majesty’s Government what plans they have to amend the Children and Families Act 2014; and in particular, the eligibility requirements for obtaining an Education, Health and Care plan.

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

My Lords, the special educational needs and disabilities system, established in the Children and Families Act 2014, does not consistently deliver for children, young people or their families. This is why the Government established the SEND review, which will consider all elements of the SEND system, including the effectiveness of education, health and care plans. We intend to publish proposals for full public consultation in the first three months of 2022.

[Lord Blunkett (Lab)]

My Lords, attention has rightly been paid over recent days to the disappeared children, who have not attended school or anywhere else in the last 18 to 20 months. One of the worst aspects of this is that tens of thousands of children with special educational needs have disappeared because they do not have the support necessary. We have had an NAO report, and a Commons Select Committee report two years ago; we have had an internal review going on for two years. Is it not time that the Government accepted that the simple truth is that, while capital spending is very welcome, what is needed is cash to fund the EHCPs, to make certain that young people can get to school, stay at school and have a decent education at school?

[Baroness Barran (Con)]

The noble Lord is right to remind the House of the tragic events of the last few days. I think there are different aspects to addressing this. He is right that the Government have announced £2.6 billion of additional capital funding to provide more places, and those are much needed. The Government are also providing considerably more revenue funding to local authorities—an increase in 2022-23 of £780 million. The review will also focus—I am sure the noble Lord will agree with this—on earlier intervention wherever possible.

[Lord Addington (LD)]

My Lords, I declare my interests in this field. The process of getting an EHCP is one in which you are advised to have lawyers with you, and often you have to go to appeal, where you are opposed by lawyers. How does that suggest that the system is anything other than a failure, or is it designed to be something that supplements the legal system?

[Baroness Barran (Con)]

It is certainly not designed to supplement the legal system. The noble Lord is right to raise the issue of tribunal hearings, but I remind the House that in 2020 only 1.7% of all appealable decisions resulted in an appeal to the SEN Tribunal.

[Lord Lexden (Con)]

My Lords, my noble friend’s predecessor said on 4 March last year that the special educational needs and disabilities review was

“an absolute priority for the Government.”—[Official Report, 4/3/20; col. 694.]

We heard yesterday that the Government have some difficulty in defining the word “priority” with any precision. Why, apart from Covid, has this review, which began in 2019, taken so long?

[Baroness Barran (Con)]

I understand my noble friend’s diplomatically put question. He is right to raise the issue of Covid, but he will also know that this is an incredibly complex area. We have set up a steering group that includes families, schools, local authorities and other independent organisations. We are committed to the deadline, which has now been announced, of publishing the Green Paper in the first quarter of next year.

[Baroness McIntosh of Hudnall (Lab)]

My Lords, the Minister referred to early intervention. Does she agree that one of the difficulties with this area is that families with children who appear to be needing assessment —for example, for autism or learning difficulties—find it very difficult even to get the assessment, never mind the care plan that would come from it? Can she say how that problem is being addressed? How should families who cannot afford to spend money on private assessments conduct themselves?

[Baroness Barran (Con)]

The noble Baroness raises an important point. I feel I cannot comment in detail ahead of the Green Paper, but those are exactly the sorts of issues we are working with families, local authorities and other professionals to address.

Child Safeguarding

Baroness Barran Excerpts

Monday 6th December 2021 Lords Chamber

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

My Lords, with the leave of the House, I shall now repeat a Statement made in another place by my right honourable friend the Secretary of State for Education. The Statement is as follows:

“With permission, Mr Speaker, I would like to make a statement following the sentencing of the stepmother and father of Arthur Labinjo-Hughes on Friday.

The whole nation is distraught at Arthur’s tragic and horrific death. We, across this House and across this country, find it impossible to imagine how any adult could commit such evil acts against a child, in particular parents and carers, to whom children look for love and protection. And I know that colleagues and people outside this place are seriously troubled that Arthur was subjected to a campaign of appalling cruelty and murdered after concerns had been raised with local services.

I want to tell you and colleagues across the House, and I want to assure the public, I am as determined as everybody in this House to get to the truth, expose what went wrong and take any action necessary to protect children. To do so, serious questions need to be asked. I want to make it clear that police officers, teachers, social workers, health workers and others go to work each day to try to make things better—to do their best at what are very difficult jobs. Those already serving our country’s most vulnerable children deserve our thanks, and I want to be extremely clear that no safeguarding professional should be the victim of any abuse.

The targeting of individuals is wrong and helps nobody. But that does not mean that we should not seek to understand what went wrong and how we can stop it from happening again. The public deserve to know why, in this rare case, things went horrifyingly wrong, and what more could be done to prevent abuse such as this happening again in future.

Since the horrendous deaths of Peter Connelly, Daniel Pelka and, sadly, others, the Government have established stronger multiagency working, putting a shared and equal duty on police, councils and health in local areas to work together to safeguard and promote the welfare of children, alongside a role for schools.

I am sure that Members across the House will recognise that improvements have been made from previous reviews, but the question now is whether that is enough. In order to look at issues nationally as well as locally, we established the National Child Safeguarding Practice Review Panel in 2017 for cases like Arthur’s. That is why, given the enormity of this case, the range of agencies involved and the potential for its implications to be felt nationally, over the weekend I asked Annie Hudson, chair of the National Child Safeguarding Practice Review Panel, to work with leaders in Solihull to deliver a single, national, independent review of Arthur’s death to identify what must be learned from this terrible case. This will encompass local government, as well as those working in the police, health and education sectors.

Officials in my department are already in close contact with the Solihull safeguarding partnership, which is grateful for the support offered and agrees with this approach as the best way to deliver comprehensive national learning and identify whether there are any gaps that need to be addressed. Annie and her colleagues on the national panel who come from the police, health and children’s services, have dedicated their lives and decades-long careers to bettering the lives of the most vulnerable children in our society, and I have every faith that their review will be robust, vigorous and thorough.

I have already assured Annie, as I assure you now, that she will be given all the support she needs to do the job properly. This review will focus specifically on Arthur’s case, and identify where improvements need to be made. But I also want to make certain that we have looked at how all the relevant local agencies are working now, including how they are working together.

For that reason, I have also asked Ofsted, the Care Quality Commission, Her Majesty’s Inspectorate of Constabulary and Fire & Rescue Services and Her Majesty’s Inspectorate of Probation to lead a joint targeted area inspection. I have asked that each of these inspectorates be involved because of the range of local services which had been involved in Arthur and his family’s life during the preceding months. These joint inspections are well established, but a new ambitious approach will be used, with a sharp focus on the entry point to the child protection system across all agencies. This will mean we can truly look at where improvements are needed by all the agencies tasked with protecting children in the Solihull area, so that we can be assured that we are doing everything in our power to protect other children and to prevent such evil crimes.

As part of this inspection, all the agencies tasked with protecting children at risk of abuse and neglect in Solihull will have their effectiveness considered and be instructed on where improvements must be made—both in Solihull, as well as where learnings can be applied in other areas around the country. These inspectorates have met today to plan this work, which will begin next week.

I, as well as officials in my department and across government, could not be taking this more seriously and have been working this weekend to bring everyone together to make sure this work can start immediately. Over the coming days, we will publish terms of reference and timelines for this national review and local inspection. Ahead of that, more widely, we are already investing heavily to help the legions of dedicated professionals on the front line deliver the care that we all know every child deserves.

Since the spending review in 2019, there have been year-on-year real-term increases for local government, as well as the unprecedented additional £6 billion funding provided directly to councils to support them with the immediate and longer-term impacts of Covid spending pressures, including children’s social care. Yet we have also known that the care system needed bold and wide-ranging reforms which is why we have the independent review of children’s social care happening now.

I know that Josh MacAlister, who leads the review, will make recommendations about what a decisive child protection response needs to look like, given that it sits at the core of the system he is reviewing. Importantly, I know that the review will be looking at how social workers—especially those with the most experience—can spend time with families and protecting children, because we all know that social workers do their best work with families, not behind a desk.

I look forward to the review’s recommendations in due course, because in any complex system it is important—imperative in my view—to investigate thoroughly to learn and improve the system. My mantra continues to be that sunlight is the best possible disinfectant because, if we are to improve services where they need improving, we must share data and evidence.

Finally, I thank the prosecuting barrister, Jonas Hankin QC, his team, and the jury, for their service in this troubling case. As the court heard, Arthur’s tragic death is a result of the cruelty of his father and his father’s partner. No Government anywhere in the world can legislate for evil, but we will take action wherever we can to stop this happening again because we must do more. To do more, I end my Statement with a plea to everyone in our country. Anyone who sees or suspects child abuse can report their concerns to local children’s services or by contacting the government-supported NSPCC helpline for adults or practitioners concerned about a child or a young person. So if you see or suspect child abuse, report it. If you are worried about a child you know, report it. If something appears off, or you have seen something that troubles you, report it. As we uncover what went wrong and what led to Arthur’s tragic death, we must also strengthen our resolve to make sure that we prevent these crimes as much as they can possibly be prevented. We must make sure that those who would do wicked acts to children face justice. We must do absolutely everything in our power to protect vulnerable young children from harrowing and evil abuse. I commend this Statement to the House.”

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[Lord Storey (LD)]

My Lords, I am grateful to the Minister for repeating the Statement, which I thought was very thorough. I agree with every word. It is a tragedy that Arthur lost his life in such a horrific way. The noble Lord, Lord Watson, talked about those photographs of a happy young child with his school bag on his shoulders. You just cannot believe how people can be so evil as to do that to a child, to poison and abuse him in the way that they did.

A single child abused, a single child suffering as poor Arthur did, is one life lost too many. Sadly though, as the Minister and the noble Lord, Lord Watson, both rightly said, we have been here before. Daniel Pelka, Keanu Williams and Keegan Downer are the names of only a few children murdered by their guardians. What lessons have we taken from those previous cases to empower social services with the mission of preventing child abuse?

Let us not forget that the serious case review published after Baby P’s death in 2007 said it could and should have been prevented. Every agency involved in his care, including health, the police and social services, had been well motivated and wanted to protect him, but their practice collectively and individually was completely inadequate and failed to properly challenge the explanations of maltreatment. More than 10 years on from that appalling crime, we see this tragic murder of young Arthur.

I think people struggle to understand why the photographs of his bruising and the complaints raised seemed not to satisfy those concerned. I agree entirely with the noble Lord, Lord Watson, that this should not be a blame game against social services. As a head teacher, I worked with social workers a great deal and I found caring, hard-working individuals. However, not through the fault of any individual, I also found that bureaucracy meant that it took time for issues to be dealt with.

I remember the case of a little girl who we felt was being abused. We contacted social services, but a case conference had to be arranged and we had to make sure that all the partners could be at the case conference. We would be told, “We can’t make this date or that date”, as the weeks went on. Eventually, the case conference was held and, I am glad to say, strong action was taken in that case; we were right to have raised the flag on that event. The point I am making, however, is that it is not the fault of individuals—individuals care. No social worker, teacher, police officer or health worker wants this to happen. What they want to see is speedy action but, sadly, that does not happen because of the system that we currently have. In this case, these were evil people who, sadly, would probably have circumvented any system, but that is not to say that we should not have tried.

I was interested to hear the comments of the Children’s Commissioner on “The Andrew Marr Show” yesterday. She made a number of important points and commented on the serious case review under way, saying that

“we need to see what that says but we must take decisive action and now.”

We cannot wait months, or whatever it may be, for this case review to happen; we need to know what we are going to do now. So I put it to the Minister: following the words of Dame Rachel de Souza, what does the Minister think we should directly do now?

It is essential that we protect vulnerable children and families. The national review needs to take into account the significance and scale of the circumstances of Arthur’s murder and allow findings to be disseminated around the country. We must identify the lessons that must be learned and ensure that nothing like this is ever allowed to happen again.

[Baroness Barran (Con)]

I thank both noble Lords for the tone of their remarks and their support for the Statement by my right honourable friend the Secretary of State. I reiterate that we will leave no stone unturned in trying to understand and address what happened in this case, both in terms of its local implications and nationally.

I understand the focus of the noble Lord, Lord Watson, on funding and the pressures that local government and children’s social care have been under, but I would say again that there really has been a shift; since 2019, there have been year-on-year real increases for local government. The latest spending review shows that the core spending power for local authorities is estimated to increase by an average of 3% in real terms each year until the next spending review. Importantly, that includes £200 million for family help, as part of a £500 million package to make sure that all children get the best start in life.

Both noble Lords asked what is happening on the ground, and the noble Lord, Lord Watson, raised the issue of the performance of local children’s services teams around the country. He will be aware that we have moved from only 36% of children’s services teams being judged to be good in 2017 to, today, 50% being judged to be good or outstanding. Solihull’s children’s services team is currently rated as requiring improvement. We intervene decisively where local authorities are failing, and we continue to facilitate and fund sector-led improvement.

I think it was the noble Lord, Lord Storey, who said that we cannot wait; we need to do something now. Work had already started in Solihull. It is part of the strengthening families programme, which is very tailored support for local authority children’s services teams, where they follow a clear model. That work started in October this year. It is also getting support through the sector-led improvement partners, which is the more bespoke element, so the first takes well-understood and well-established improvement programmes and applies them in the local authority in question, and then the sector-led improvement partners allow for a more bespoke approach. Clearly, events such as this give a renewed urgency to the work that was already in train, and I will of course write to the noble Lord, Lord Watson, with more detail on the implementation plan.

Both noble Lords asked—possibly not in these words, but I hope I paraphrase accurately—how we avoid being here again. We have the two new reviews that we have just announced, and we will need to wait and see what they advise. We cannot pre-empt them. We also have the care review, which we hope will come forward with very practical, actionable recommendations focusing on empowering social workers to take those extremely difficult decisions to which both noble Lords referred.

I genuinely think that great progress has been made over the past 10 years in implementing almost all of the recommendations of Professor Eileen Munro’s review, and major investment is going into the workforce, with 10% more social workers today than in 2017. A great deal of work is going on. We are trying to ensure that that is sequenced and delivered in a way that is practical and effective on the ground.

[Lord Laming (CB)]

My Lords, I, too, am grateful for the repeat of the Statement and I shall be very brief, but it is necessary to emphasise, yet again, that the awful suffering and death of this defenceless child at the hands of those to whom the child looked for love and protection must stay with us. It must be part of our thinking as we go forward.

The law makes it very clear, for all services dealing with child protection work, that the child must be at the centre and the focus of all their activities: the child is of paramount concern . It is very tough work being on the front line, and the noble Lord, Lord Watson, was correct to say that each of those front-line workers deserves the support of more experienced staff around them who can take a more objective view and support them in what they are doing. As has been said, we must not fall into the trap of scapegoating the youngest, least experienced and most junior of people who go into this area of work.

The review is greatly to be welcomed, but I say to the Minister that it is right to say that since 2019 there has been an increase in local authority funding, but, boy, for the decade before 2019 there were cuts and cuts and cuts, year after year. That has meant that many of the support, preventive and family services that social workers could rely on to look at the relationship between the child and the family have disappeared.

I welcome the review, but it will take some time for it to complete its work, and I wish it well. But, to take some action now, would the Government be willing to write a strong letter to the senior people in each of these key services to remind them of their duties and responsibilities in law to protect children subject to the possibility of abuse or danger? It could be said these people already know this, but we have to be seen to react and we have to get across our concern and say, not just to the people of Solihull but to people nationwide who carry the responsibility for protecting children that now is the time for them to look at and support their front-line services to ensure that no child in their patch experiences this level of abuse and awful suffering. I hope the Government will consider doing that.

[Baroness Barran (Con)]

I thank the noble Lord for his comments. His remark at the beginning that we should never forget the terrible suffering of Arthur reminds me of when I founded the domestic abuse charity SafeLives. As I was having lunch with the noble Lord, I thought I should read his report into the tragic death of Victoria Climbié. As your Lordships can imagine, it was possibly the most terrible thing I have ever read. But reading it is obviously less awful than what these children have suffered, so I absolutely share his view that we need to keep that front of mind, and of course I will talk to colleagues in the department about his suggestion.

[Baroness Kingsmill (Lab)]

My Lords, I would like to add to the comments made. When I was a practising lawyer, I represented social workers in two child abuse inquiries and the two little girls, Kimberley Carlile and Jasmine Beckford, still have a place in my heart. They were brave little four year-olds who were murdered by their stepfather. In this case I think it was the stepmother who was the protagonist. At the time, I represented the social workers, but many other agencies were exposed to this child and were unable to recognise the symptoms of the abuse.

Nowadays, there is a greater awareness of the risk factors as far as children are concerned, and, perhaps, of the absence of proper parental care. But there are not sufficient funds to take the necessary protective actions, and for the necessary support to be given, maybe to parents who are struggling—which is not a popular position, but sometimes is a factor in child abuse cases.

We have to understand that this is a case of money, and of funding. Too many local authorities are struggling to provide basic services. There are many demands on their funds and there have been substantial cuts. I recognise that in recent times there has been some increase, but it is an increase on a very low base. There have been substantial cuts and a substantial shortage of services provided by the necessary agencies that need to be aware of and alert to these situations.

So I ask the Minister once again to raise these issues in the places where it can make a difference. We also need to recognise that we need to do some more research into why these parents behave in this way. It is too easy to describe them as monsters—they are, obviously; their behaviour is unforgivable, unimaginable and horrendous for the rest of us. However, in the two cases in which I was closely involved for many, many weeks, both the parents had themselves been victims of abuse. That does not in any way excuse their subsequent behaviour, but it is quite sensible to look at those situations as well.

[Baroness Barran (Con)]

The noble Baroness is right that of course we need to understand, even if that does not excuse behaviour. To her first point, I agree that there is greater awareness of the risk factors that children face across a wide range of different aspects, but we are still battling with some of the same issues about sharing information, understanding the significance of information and, critically, acting on it. Clearly there is more work to do.

Funding is of course extremely important, which is why we have made the commitments that I have already set out. Also, the noble Baroness would accept that there are other aspects that go along with funding to make sure that we unlock the maximum impact for children, including how services are organised, how practitioners are empowered and supported and how they are trained. Those are all areas that we are investing in to make sure that we get the best result for our children.

[Baroness Bottomley of Nettlestone (Con)]

My Lords, this of course goes right back over very many years, and we have been here before—in my case, right back to Maria Colwell. The noble Lord, Lord Laming, has led this House and led the departments through these tragedies over many years. When people say that it will never happen again, I think that is a false line of thought—there will always be disturbed, distorted, evil parents. It goes against the grain—it is totally abhorrent—but we have to support those who are sceptical or cynical. It was said that social workers should be in the community and not at their desk; actually, they should be at their desk writing careful notes, liaising with others and making sure that we do everything in our power to diminish these appalling situations. It takes a village to bring up a child, as has often been well said. This is not only about the agencies; it is about the neighbours, the volunteers and the community as a whole.

[Baroness Barran (Con)]

I absolutely agree with much of what my noble friend said, but I think that she would also agree that there are children who, when things happen, are genuinely hidden from us—or substantially hidden—and there are others to whom terrible things happen in plain sight. We should at least make sure that the latter are addressed effectively.

[Lord Hogan-Howe (CB)]

My Lords, sadly, we are here again. To the point from the noble Lord, Lord Storey, which is about looking to the future, one of the terrible things about this particular death was that we saw and we heard the torture of this child and the terrible life they were enduring. I wonder whether there, there might be some hope for the future in the sense that technological surveillance of the victim, as in this case, or the suspects—the people who eventually murdered him—may give us more hope. Sadly, this poor child was alone with the people who tortured him and eventually murdered him.

The Government are already experimenting with tagging. People can be monitored for their alcohol and drug intake and, if someone has a mental health issue, it is now possible to see whether they are taking medication. We could have technological surveillance of both the potential victim—the child—and the people who might hurt him, as in this case. Who is in the home at the time, who is available as a witness, the condition of the child—it is now possible to technologically surveil all these things. Some people may argue that this is an intrusion too far and an intrusion into the privacy of the family. But the only reason this intrusion is being suggested is that, presumably as in all these cases, a child is already at risk. This is not an intrusion without cause; it is an intrusion with cause, where no one wants to disserve the family, but everybody wants to make sure that the child is kept safe in the future.

Therefore, in terms of an immediate response, I wonder whether research in that area—or perhaps this review—could quickly look into that and pilot it. Of all the pilots that happen, that might give us some hope for the future fairly quickly. I worry that all our investments and all our encouragements do not make people work better. We will always have human error and people on the front line will be worried to make the wrong intervention. Perhaps that is what happened in this case. I think technology can assist. It would not be foolproof in any way, but I wonder whether it is some hope for the future.

[Baroness Barran (Con)]

The noble Lord makes a really interesting point. I am not aware of whether that is an aspect that the reviews will be looking into, but I will take it back to the department and if there is evidence, I am very happy to share it with the noble Lord.

[Lord Framlingham (Con)]

My Lords, someone I know with great experience in these matters tells me that in the years before the involvement of social services, in a case of suspected child cruelty the first knock on the door would be from a policeman or a policewoman. Occasionally that resulted in a bit of embarrassment, but I think perhaps children’s lives were better protected in those days. Perhaps we ought to give this matter a little more thought.

[Baroness Barran (Con)]

I understand the spirit of my noble friend’s remarks. With respect to him, the thing that first the noble Lord, Lord Laming, and then others have brought out is the fact that so often in these cases different organisations, whether it be the school, the GP, the police or children’s services, have different snippets of information about a child. Critically, and very often, we need to share those to get an accurate picture of that child’s life.

[Lord Bichard (CB)]

My Lords, I associate myself with comments from other noble Lords about the tone of today’s Statement, which I think is a major step forward. However, will the Minister ask the two reviews if they will specifically look at the issue of sharing information and data? I ask that for two reasons. First, those of us who have been involved in these sorts of cases—I am afraid over decades—too often have seen perceived problems in sharing data and information behind the tragic outcomes. Secondly, we will tomorrow be debating the Health and Social Care Bill which includes a specific provision to improve the sharing of data where adults are concerned but says nothing at all about children. That surely could be one of the immediate things that we could do. Even if it was not a major problem in this case, it is a major problem too often, and we could do something about that.

--- Later in debate ---

[Baroness Barran (Con)]

The noble Lord makes very important points. I am not trying to suggest that we have reached anywhere like where we need to get to, but he will be aware that we published new information-sharing guidance in June 2018 and have followed that up with rolling out the child protection information-sharing system so that health and local authorities can share information. It is now live in what are technically known as unscheduled health settings, so A&E, and more recently, it has been expanded to include school nurses and health visitors. It is an important tool, and we expect it to be in all healthcare settings by March 2022-23. In terms of the Health and Social Care Bill, I am sure that as a result of what has happened recently, we will be reviewing every option, including the one the noble Lord referred to.

[Lord Brownlow of Shurlock Row (Con)]

My Lords, I declare an interest as a former police officer. I welcome everything in the Government’s Statement. In the aftermath of this horrendous incident, there will be many people—safeguarding professionals, police, friends, family and community—who will be dealing with guilt and hopelessness. Can my noble friend the Minister assure me that every possible support will be made available to those who need it at this perilous time?

[Baroness Barran (Con)]

My noble friend is absolutely right, and I am pleased that I can reassure him. Obviously, there are children who will have been at school with Arthur and people who will have been involved in his life in many different ways, and we are making sure that all of them receive the support they need.

[Lord Farmer (Con)]

My Lords, can I ask my noble friend the Minister whether the review will look at the contribution of family breakdown? Evidence shows that children on the at-risk register are eight times more likely to be living with a natural parent and their current partner than the general population. Children living in households with unrelated adults are nearly 50 times as likely to die of inflicted injuries than children living with two biological parents. Will the review consider the contribution that robust prevention and early intervention can make to safeguarding children?

[Baroness Barran (Con)]

My Lords, on my noble friend’s last point, I know that he is aware, and extremely supportive, of moves that this Government are making to focus more on early intervention and on the first thousand days of a child’s life. In terms of whether the review will look specifically at family breakdown, I am not aware of that although clearly that appears relevant in this case. If it is different to that, I will let my noble friend know.

[Baroness Watkins of Tavistock (CB)]

My Lords, can the Minister let us know whether the review will look specifically at the effect of closing schools on this case? Many of us fear that although Arthur sadly lost his life, many other children have probably been abused because they have not been going to school and the schools have not been involved in monitoring and feeding back.

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[Baroness Barran (Con)]

The issue of children being out of school is an important one. The noble Baroness is absolutely right that schools are an incredibly important protective factor for many children. That is why we are so keen as a Government, public health permitting, to keep our schools open with a real focus on attendance and working very closely with schools and children’s social care so that where children are not in school that is followed up and properly understood. In terms of the details of the review in relation to Arthur’s own attendance, as I said, the terms of reference are being set at the moment and I am not aware of the details.

[Baroness Sanderson of Welton (Con)]

My Lords, there are so many distressing factors involved in Arthur’s death, but perhaps one of the most upsetting is that he had family who loved him and who raised their concerns. Can my noble friend the Minister say whether the Government will consider giving more focus to raising the awareness and status of kinship care, as recommended in The Case for Change?

[Baroness Barran (Con)]

I hope my noble friend will be pleased to know that in the Government’s independent review of social care we will be looking at how we can further support kinship families for all the reasons that my noble friend touched on. There are about 150,000 children in this country living in kinship care arrangements, so it is a really important element. In recent years, we have provided extra support to kinship carers who are looking after a child who was previously in care under a special guardianship order. Those carers can now access therapeutic services funded by the adoption support fund to help those children deal with the trauma that they have experienced. We have also recently changed the school admissions fair access protocol so that more children in kinship care will have access to schools that will support them with their kinship placement.

[The Deputy Speaker (Baroness McIntosh of Hudnall) (Lab)]

My Lords, the time allowed for Back-Bench questions has now elapsed.

Education (Environment and Sustainable Citizenship) Bill [HL]

Baroness Barran Excerpts

Committee stage
Friday 3rd December 2021 Lords Chamber

[Lord Watson of Invergowrie (Lab)]

My Lords, I fully support the amendment in the name of the noble Lord, Lord Blencathra, as it would strengthen my noble friend Lord Knight’s Bill. Since this excellent and necessary Bill had its Second Reading in July, we have had the COP 26 summit in Glasgow, a city that I was privileged to represent in two legislatures. If the campaign to combat climate change and build a sustainable environment has moved forward as a result of COP 26, it has done so only to a very limited extent. The agreement was ultimately disappointing, with loopholes that can be exploited and the appalling 11th-hour attempt by China and India to sabotage the entire event.

Every time I speak in one of these debates, when my noble friend Lord Adonis also speaks, I am reminded that, no matter however much I think I know about education legislation, or certainly recent legislation, I still have much to learn. In his speech, my noble friend recalled, perhaps with some nostalgia, the time that he spent in government together with my noble friend Lord Knight, when our noble friend Lord Blunkett was the Education Minister. Noble Lords may recall that, at Second Reading, my noble friend Lord Blunkett talked about the time when he introduced the order to include the teaching of citizenship. He made the point that,

“while it has been extremely successful in some schools, it has hardly been taught in others”.—[Official Report, 16/7/2021; col. 2129.]

That is the nub of the problem that the amendment proposed by the noble Lord, Lord Blencathra, deals with, because it would prevent it being taught in the curriculum as an option that schools can opt in to or out of.

The fact that COP 26 has taken place since we last considered this Bill has heightened the arguments for including sustainable education within the national curriculum. The role of young people, if it was in doubt, was thrown sharply into focus at some events around COP 26, which were inspirational to many. I certainly found it inspirational to watch the Fridays for the Future protest in Glasgow on 5 November, which gathered thousands of young people, many of them schoolchildren. Many Scottish local authorities had made it clear that, providing that parents informed schools of their children’s absence, no action would be taken against them for being on the protest. I have to say, it is hard to imagine such an enlightened approach being taken by DfE Ministers, but that in a microcosm highlights the widely different attitude to ensuring that children are fully absorbed in the detail of the need for action to combat climate change between the different parts of Britain. That was highlighted at Second Reading in reference to the situation in Wales and Scotland.

In July, officials from the DfE gave evidence to the Environment and Climate Change Committee of your Lordships’ House, suggesting that the Government would be establishing England as a trailblazer on climate education. This Government seem to enjoy blazing trails, especially in the DfE. At the moment we have, inter alia, trailblazers on T-levels and trailblazers on the new local skills improvement plans. Can the Minister say what her department has done since July to take forward that trailblazing pledge? They have dropped the ball in terms of this Bill, which would have been a perfect means of helping to meet their pledge.

We know, as I have said, that the lead in enshrining sustainability in the curriculum has been taken by the Scottish and Welsh Governments. It is of course instructive that neither of those legislatures is under Conservative control because, if that were the case, children in those countries would be denied the right to learn meaningfully about sustainable citizenship in the way that their English counterparts currently do. However, my noble friend’s Bill offers a way forward that will essentially mean that there is a common approach across Britain, and it is much to be regretted that, as I suspect, the Minister in her reply will repeat the line taken by her predecessor in July—although, of course, I shall be happy to be proved wrong in that assertion.

At Second Reading, most noble Lords acknowledged that England must do better on climate and sustainability education. COP 26 has reinforced the fact that young people, including school students, are fully committed to bringing about a more sustainable future for their own and their children’s generations. So will the Minister offer them hope that teaching in our schools will more meaningfully support that aim and will be guaranteed in doing so by regulations through this amendment?

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

My Lords, I thank my noble friend Lord Blencathra for highlighting the importance of parliamentary scrutiny. The Government agree that guidance should not be used as a means to circumvent scrutiny and should be used only where it is proportionate to do so. As my noble friend understands—probably better than anyone else in this Committee—the purpose of guidance is to aid policy implementation by supplementing legal rules. If a policy is to create rules that must be followed, the Government accept that this should be achieved using regulations subject to parliamentary scrutiny, not guidance.

School Teachers’ Pay and Conditions (England) Order 2021

Baroness Barran Excerpts

Wednesday 1st December 2021 Lords Chamber

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

My Lords, I thank all noble Lords who have spoken in this short debate, in particular the noble Lord opposite, the noble Lord, Lord Watson, for tabling the debate. I also thank the Secondary Legislation Scrutiny Committee for its consideration of this order, which came into force this October without objection from either House.

Our priority has always been to ensure that the pay and conditions framework for teachers supports schools to continue to attract, retain and develop the high-quality teachers needed to inspire the next generation. As all noble Lords have noted tonight, I join them in paying tribute to all school staff who have worked incredibly hard, particularly through the pandemic, in enabling schools to remain open and supporting pupils with remote education. I was lucky enough to visit two schools today and was struck by how quickly, seamlessly and calmly they have adjusted to the new challenges of the omicron variant.

As noble Lords may be aware, this order gives effect to the national pay and conditions framework. This follows a well-established annual process of evidence gathering and the independent School Teachers’ Review Body making recommendations to the Government, which we then consult on and implement through the statutory instrument. Noble Lords will also know that the review body for teachers is one of a number of similar review bodies reporting on public sector pay to the Government. For example, there are review bodies for NHS staff, the Armed Forces and the police.

Turning the first of the key points that the noble Lord, Lord Watson, raised, I would like to address concerns about the 2021 pay award. As my right honourable friend the Chancellor of the Exchequer set out in his spending review of November last year, in the face of huge uncertainty and the unprecedented impact that Covid-19 had on the economy, the Government took the difficult decision to pause public sector pay rises temporarily for most public sector workforces in the current financial year. This helped protect jobs at a time of crisis and ensured the fairness that the noble Lord, Lord Coaker, referred to between the private and public sectors.

The pause on pay applied only to headline pay uplifts, and teachers earning below the maximum of their pay range were still able to receive a performance-related pay rise. We estimate that as many as half of all teachers may have benefited from this, and the lowest-paid unqualified teachers were also protected by a £250 pay rise. Furthermore, I reassure the House that, as the Chancellor announced in his spending review last month, all public sector workers, including teachers, will see pay rises over the next three years as the recovery in the economy and the labour market allows a return to a normal pay-setting process.

As part of that recovery, schools will receive an additional £4.7 billion in core funding in 2024-25, building on spending plans from the 2019 spending review, which provided the largest funding increase in a decade. This additional funding will help us deliver the £30,000 starting salary commitment for all new teachers. The noble Lord, Lord Watson, rightly raised the point about teaching being an attractive profession for graduates. He will be aware from our recent exchanges that we consulted extensively on the £30,000 entry point and felt that it would be truly competitive with other graduate salaries. He also rightly talked about the importance of investing in the profession. We are doing that not only in terms of that commitment to the starting salary but in continuing professional development for teachers both as they enter the profession and throughout their career as they progress into leadership positions.

I heard loud and clear the concerns expressed by the noble Baroness, Lady Blower, about levels of pay and the strong message from the noble Lord, Lord Coaker, about the importance of the signal the Government send to the teaching profession. I would like to think that, more broadly than the Government, there are few families in this country who do not hold teachers in higher esteem at the end of the pandemic than they might have done at the beginning, having attempted to educate their children at home, albeit with support from their local school. In relation to the Government, in 2020-21 schoolteachers received the highest headline pay award of all PRB workforces at 3.1% when inflation was less than 1%, and that came after two years of real-terms pay increases.

We recently debated recruitment and retention in this House, an issue that was raised by the noble Lord, Lord Storey. The number of teachers remains high, at 461,000 across the country, over 20,000 more than in 2010. Some 41,000 new trainee teachers were recruited to start training in 2020-21, a 23% increase on the previous year. The noble Lord, Lord Watson, referred to the STRB report and criticisms that the Secretary of State had constrained the STRB. As I have tried to set out, the teachers’ pay process, to which noble Lords referred, is part of a much wider process of public sector pay awards, and for the September 2021 pay award, as I said, difficult decisions had to be taken. However, from September 2022 the STRB will be able to consider pay rises over the next three years as the recovery in the economy and labour market continues. The Government are responding to some of the recommendations in the STRB report, particularly on equalities and teacher well-being and workload.

The other area of concern for noble Lords was the timing of the pay award consultation. As I mentioned, the pay award process forms part of the wider public sector pay review process and, as such, it was necessary for the Government to take a holistic approach to all the pay review body processes and reports, and for each to be considered within the context of the wider public sector pay strategy. In addition, the 2020 spending round delayed the start of the process for the 2021-22 pay round, as the Secretary of State was unable to issue his remit letter to the School Teachers Review Body before the public sector pay policy was announced. As I am sure noble Lords will agree, it is crucial that the annual pay round timetable allows sufficient time for employers, government departments and unions to give evidence to the pay review bodies and for those bodies to carefully consider their recommendations. For 2021-22, this resulted in a summer announcement.

The Government do of course understand the difficulties this imposes on schools in particular, and we will continue to work across government to try to mitigate this in further pay rounds. I am happy to go back and talk to colleagues in the department, as the noble Lord opposite requested.

In closing, I thank all those who have contributed to today’s debate. I hope I have gone some little way to reassuring the House that, while difficult decisions have had to be made in respect of public sector pay, the Government are committed to ensuring that the pay and conditions framework continues to help make teaching an attractive career option for graduates and beyond.

[Lord Watson of Invergowrie (Lab)]

My Lords, I thank the Minister for that response; the tone she adopted was helpful. There are some points I would like to pick up, if I may. I think the Minister and I are the only contributors to this debate who were not previously schoolteachers, so the contributions of those who were carry particular weight. I would not disagree with anything that the noble Lord, Lord Storey, and my noble friends Lady Blower and Lord Coaker said, with one exception. The noble Lord, Lord Storey, said that the pay cut affects teachers in maintained schools but in fact, the impact is wider than that. As the Explanatory Notes say, most academies and free schools have the same pay and conditions, so the effect on teachers is quite widely felt.

My noble friend Lady Blower talked about respect and gratitude for our teachers, and the Minister and my noble friend Lord Coaker echoed that. That is almost a given, which raises the question of why the gargantuan efforts made by teachers to keep education going when children were unable to go to school are not reflected in the pay and conditions review of this year.

Initial Teacher Training

Baroness Barran Excerpts

Thursday 18th November 2021 Lords Chamber

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

My Lords, I echo other noble Lords in thanking the noble Baroness, Lady Donaghy, for securing this debate and bringing to the House’s attention the crucial matter of initial teacher training recruitment and the role of universities and other bodies in ensuring the supply and education of new teachers. I am sure she was being harsh on herself when she described her teaching assistant career, and I am sure her pupils would have disagreed with her reflection.

The Government’s vision is for all children and young people to have access to a world-class education, no matter where they are from or what their background is. At a time when there are more pupils in our schools than ever before, the recruitment and retention of outstanding teachers is a key priority.

The noble Baroness, Lady Donaghy, said that she was a fan of teachers. I think all of us in this House are. I genuinely do not recognise the characterisation that has come from a number of noble Lords that this Government are critical and unsupportive of teachers; quite the reverse. I do not think there is a family in this country that does not value teachers deeply, particularly after the last two years and the critical role they have played in supporting our children. I absolutely agree with my noble friend Lord Kirkham when he talks, as have many other noble Lords, about the importance of valuing and giving proper status to teachers. We are trying to thread that through everything we do, as I will try to set out in my remarks.

I respectfully refute the suggestion by the noble Lord, Lord Watson, that the department is in any way being deliberate in its practice regarding the timing of consultations. I know he will agree with me that the officials in the department have the highest integrity, as do the Ministers, and there is genuinely no truth in that suggestion.

[Lord Watson of Invergowrie (Lab)]

I accept what the Minister says about integrity, but three over just one summer and all in education—is that just a coincidence?

[Baroness Barran (Con)]

I cannot speak accurately for what went before but I know the noble Lord will accept that this has been an incredibly disrupted time. I am sure that, had we delayed the consultations further in terms of our response, as we have heard today, there would have been criticism. There is always a risk; we are damned if we do and damned if we don’t.

I will revert to the important subject of the debate. We know that there are no great schools without great teachers, and I thank the noble Lord, Lord Storey, for the personal experience that he brings to his reflections. I will do my best to answer his and other noble Lords’ questions. We know that the evidence shows that teacher quality is the single most important factor within school in improving outcomes for children and young people, and reforms to teacher training and early-career support are key to the Government’s plans to improve school standards for all.

The noble Baroness, Lady Morris, talked about the time that it takes to qualify. I am sure that she recognises the value in the continued support, for two years now, for early-career teachers. The Government share the ambition of the initial teacher training sector that all people training to be a great teacher get the best possible start to their careers.

We published our Teacher Recruitment and Retention Strategy in 2019, working with key stakeholders to set out a shared vision for the teaching workforce. At the heart of this strategy is a golden thread of training and professional development—the noble Lords, Lord Storey and Lord Watson, raised these points—informed by high quality evidence, which will run through each phase of a teacher’s career. As your Lordships may have heard me say in answer to a recent question, there has been an increase of over 20% in applicants to the profession. The noble Viscount, Lord Hanworth, had his head in his hands, but I hope that he will share my pleasure to see that increase in applicants.

The starting point of this golden thread is initial teacher training, which is why we developed a new core content framework for this purpose. The new framework was published in November 2019, and, since September 2020, all new teachers have been benefiting from initial teacher training, underpinned by the best independently peer-reviewed evidence.

The noble Lord, Lord Addington, asked about initial teacher training in relation to pupils with special educational needs and disabilities. ITT providers must design their courses to incorporate the skills and knowledge detailed in the core content framework to support their developing expertise. This clearly includes the requirement, in standards, that all teachers must have a clear understanding of all the needs of their pupils, including, critically, those with special educational needs. That is also carried forward into the early-career framework, which was designed in consultation with the education sector, including specialists on SEND, of course.

[Lord Addington (LD)]

I am hearing that this can be one or two days’ training. Is that adequate to get a rough understanding of even the neurodiverse sector, especially those who are not the most glaring examples? I cannot see how it can be.

[Baroness Barran (Con)]

The framework obviously focuses on the outcome, which is that teachers are competent in all aspects. Given the percentage of children in the classroom with SEN, that is obviously a core part.

In view of the time, I shall continue. This desire to create the best initial start for teachers is why we asked Ian Bauckham to lead a review of the ITT market, focusing on how we can ensure that the quality of ITT is consistently of a world-class standard. As mentioned, Ian has been supported by an advisory group, and the report making recommendations to government was published in July 2021. As we have heard this evening, government has consulted on the recommendations made in the report, and we are currently considering them in light of the responses that we had to the consultation. We expect to publish our full response shortly.

In making their recommendations, the expert advisory group reviewed the available evidence on initial teacher training, including international and UK evidence. The objective evidence shows that there is clearly much to be proud of, as we have heard from your Lordships, in our current system of initial teacher training, with many examples of world-class practice, delivered by providers of all types. As would be expected, it also shows that there is scope to improve further.

To level up standards in every school, for every child, we need to strive for excellence in all corners of the country. The evidence we have available suggests that there is more we can do to make sure that high-quality training is being consistently delivered across the whole system. We must ensure that all trainees receive the training that they deserve.

The noble Baroness, Lady Donaghy, raised concerns about the content of the national professional qualifications. The NPQ frameworks have all been independently reviewed by the Education Endowment Foundation, which has her extremely knowledgeable noble friend, the noble Baroness, Lady Morris of Yardley, in its fan club—I will join her there if I may. That is obviously to ensure that the content is based on the best available evidence. The delivery of the NPQs will be quality assured by Ofsted, which I hope gives the noble Baroness some confidence.

The noble Baroness, Lady Morris, raised—these may be my words rather than hers—the absolute importance of developing critical thinking skills. We have built that into the framework at a number of levels, including in our consultation around the new specialist NPQs. There was a clear demand for more qualifications at the middle leadership level, for teachers who want to specialise in leading teaching or curriculum in their subject or phase, as well as supporting the professional development of other teachers. I hope that goes some way to addressing her question.

We continue to value the expertise of all types of ITT providers in developing courses that are underpinned by a strong evidence base. All courses leading to qualified teacher status must incorporate the mandatory core content framework in full. However, to be absolutely clear, in response to the suggestion of several noble Lords, including the noble Baroness, Lady Blower, the Government do not prescribe the curriculum of ITT courses beyond this and we have no plans to do so. It remains for individual providers to draw on their own expertise to design courses of high quality that are based on evidence and appropriate to the needs of trainees and to the subject, phase and age range that they will be teaching.

In response to the question from the noble Lord, Lord Storey, about training, child development and dyslexia, the core content framework sets out a minimum entitlement of knowledge, skills and experiences that trainees need to enter the profession in the best position possible to teach and support pupils to succeed, including pupils identified within the four areas of need set out in the SEND code of practice.

On a point raised by the noble Lord, Lord Knight of Weymouth, and others, I reassure the House that the Government have no plans to remove certain types of providers from the ITT market. The market is formed from a rich tapestry of provision and partnerships, as we have heard this afternoon, including higher education institutions and school-based providers, and we want to retain this diversity in the future. We value the choice this offers trainees, and our objective is not to reduce the range of ITT providers but to ensure that supply is of the highest quality it can be.

There have been some calls to pause the review or, from the noble Lord, Lord Knight, to cancel it altogether. He will not be surprised that that is not in the Government’s plans. We know that there have been particular pressures and we are very grateful to ITT providers for what they have achieved during the pandemic. However, we believe that supporting our teachers with the highest-quality training and professional development is the best way that we can improve pupil outcomes.

That said, as we develop our response to the report, we are considering the timescales for implementation and will ensure that we allow reasonable time for ITT partnerships to implement any of the review’s recommendations that we take forward.

My noble friend Lord Lexden asked about the compulsory reaccreditation of suppliers. The review report recommends that an accreditation process is the best way in which to implement the recommended quality requirements. If any of the recommendations are accepted, we will proceed carefully to maintain enough training places to continue to meet teacher supply needs across the country. I can reassure the noble Lord, Lord Watson, that the accreditation process will indeed be open, transparent and equitable.

There is agreement across all involved in initial teacher training that mentors play a pivotal role in providing trainees with strong professional support and subject-specific support—points that my noble friend Lord Kirkham made. Ian Bauckham’s report identifies effective mentoring as a critical component of high-quality ITT and makes a number of recommendations about the identification and training of mentors. Alongside mentoring, school placements are critical to teacher training. It is right that people training to become a teacher spend the majority of their time based in schools. That is why having enough high-quality school placements is fundamental to ensuring the quality and sufficiency of teachers entering the system each year.

I am puzzled by the suggestion of the noble Viscount, Lord Hanworth, and the noble Lord, Lord Knight, that schools will be put off from employing early-career teachers. Certainly, in my conversations with schools that are involved in initial teacher training and the teaching school hubs, they feel that this is a fantastic opportunity to build the culture of their school or multi-academy trust into that initial training. They believe that this will help give those teachers the best start to their careers and improve retention.

As we consider our response to the recommendations we are, of course, very aware of the need to protect teacher supply. Many noble Lords, including the noble Baroness, Lady Blower, raised concerns about that. We will ensure that the ITT market has the capacity to deliver enough well-trained newly-qualified teachers to the schools and ultimately the pupils who need them. This will include ensuring that there is good geographical availability of initial teacher training.

The noble Earl, Lord Clancarty, asked about the criteria used for awarding bursaries. Initial teacher training bursaries are offered in subjects where recruitment is the most challenging. In the academic year 2020-21, we exceeded the postgraduate ITT targets in art, in which it was 132%. In response to the question of the noble Lord, Lord Watson, regarding music, the figure was 225%.

The noble Baroness, Lady Coussins, asked about the recruitment of modern foreign language teachers from abroad. As she pointed out and is well aware, EEA and Swiss citizens with settled or pre-settled status under the EU settlement scheme can continue living, working and studying in the UK. In England, that also allowed continued eligibility for home fee status, financial support from Student Finance England and ITT bursaries on a similar basis to domestic students, subject to their meeting the usual residence requirement. There is no limit on the number of international students who can come to the UK to study. For modern foreign languages in 2020-21, 29% of new entrants to postgraduate ITT were from the EEA or Switzerland and 5% were from outside. That overseas/ UK split for modern foreign languages has remained broadly consistent for the past few years.

The noble Baroness, Lady Blower, asked about the new Institute of Teaching, and it will, from September 2022, be England’s flagship teacher development provider. As the first organisation of its kind, it will design and deliver a coherent teacher development pathway, from trainee through to executive headship. It will base its teacher development on the best available research evidence about what works, as set out in the ITT core content framework. There are so many acronyms here—the ECF and NPQ frameworks and the NLE development programme—but I know noble Lords are familiar with all these TLAs. We really believe this will ensure that teacher development in England goes from strength to strength. In answer to the question from the noble Lord, Lord Storey, I say that we are running an open procurement to identify the suppliers that will allow us to establish the institute next year.

I thank all noble Lords for their thoughtful and constructive challenge to the Government’s plans. The response to the ITT review will be published later this year, and I look forward very much to debating this further once that has happened. We also look forward to working with the ITT sector and its partners to ensure that all ITT in England is of the highest quality possible.

[Baroness Coussins (CB)]

Just before the noble Baroness sits down, could she undertake to write to me with answers to my questions on bursaries, SKE funding and scholarships for MFL trainees?

[Baroness Barran (Con)]

I would be delighted to write to the noble Baroness and any other noble Lords, where I have not answered their questions.

Professor Kathleen Stock: Resignation

Baroness Barran Excerpts

Tuesday 16th November 2021 Lords Chamber

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

My Lords, the Office for Students informed the Department for Education on 11 November that it has decided to open an investigation into whether the University of Sussex has met its obligations on academic freedom and freedom of speech. No academic should have to fear for their personal safety, particularly as a consequence of expressing lawful views. This incident demonstrates why this Government are pressing ahead with legislation to promote and defend freedom of speech on campuses.

[Lord Hunt of Kings Heath (Lab)]

My Lords, I welcome that Answer. Professor Stock, a distinguished academic at Sussex University, essentially said that your biological sex cannot be changed by feelings of identity. For quite unexceptional remarks, she has been vilified by colleagues, abused by students, unsupported by her union and let down by the university, which was far too late to defend her. Academics in many other universities—women in particular—are facing similar abuse for gender-critical views. The noble Baroness referred to the forthcoming legislation, but does she agree that, however much legislation you have, you need confidence in our universities to show some strength in defending their academics? What are the Government going to do about that?

[Baroness Barran (Con)]

The noble Lord is absolutely right to condemn the abuse many academics—women in particular—have suffered recently. The Government are clear that any restriction of lawful speech and academic freedom goes against the fundamental principles of English higher education. The new Higher Education (Freedom of Speech) Bill will strengthen existing freedom of speech duties and address the gaps that exist within the current law, including the lack of a clear enforcement mechanism. That will bring with it clear consequences for providers and student unions that breach these new duties.

[Lord Watts (Lab)]

My Lords, the Minister rightly says this is a sensitive area, but no academic should be worried about expressing an opinion, and no academic should be fearful for their own well-being. The Government say they will introduce new legislation, but how will that affect this issue if the university fails to act in a proper way?

[Baroness Barran (Con)]

Universities have long-standing duties in relation to freedom of speech in law. They have to balance those with their duties under the Equality Act and other bits of legislation. They will be expected to take all reasonable, practicable steps to address any constraints on freedom of speech and uphold it in future.

[Lord Harries of Pentregarth (CB)]

What happened to Professor Kathleen Stock was deeply dismaying and worrying for our society. Universities should be both a safeguard and a focus of rational debate about contentious issues. I was glad to hear from the Minister that the Office for Students is setting up an inquiry. As this is not just a local difficulty but something fundamental to the future of a civilised society, will she bring its recommendations to Parliament so that we can see that there will be adequate action in strengthening the role of academics in free debate?

[Baroness Barran (Con)]

The noble and right reverend Lord makes a good point. I am sure that he will have seen the letter written by over 200 academics that was published in the Sunday Times last month, making the point that, actually, junior academics face the most chilling impacts of what is going on. Of course, he will know that the Office for Students is independent, and how it presents its report is therefore up to it, but I would be happy to answer questions on it, should they arise.

[Baroness Jenkin of Kennington (Con)]

My Lords, much of the public discourse around Kathleen Stock’s case has focused on free speech and her right to express her views. Not enough has been said about what those views are. As the noble Lord, Lord Hunt, said, Professor Stock believes that biological sex is binary and immutable—a view that is held by most people in this country—and that it is not transphobic to hold these views and at the same time to believe that we must protect women’s rights. Can my noble friend confirm that holding these beliefs is a protected characteristic under the Equality Act 2010 and that it is unlawful for employers, service providers and co-workers to discriminate against or harass their employees or customers simply for holding or expressing such beliefs?

[Baroness Barran (Con)]

I point my noble friend towards the recent Employment Appeal Tribunal ruling that held that “gender-critical” beliefs that do not seek to “destroy the rights” of trans people can be protected beliefs under the Equality Act. Individuals should not face unlawful discrimination in the workplace for expressing those beliefs within the law.

[Baroness Garden of Frognal (LD)]

My Lords, universities should be places where unpopular views can be aired, discussed and challenged. As we have heard, academic freedom is of paramount importance. However, does the Minister agree that staff and students should be able to pursue their studies in an atmosphere that is safe and inclusive? There should be no place for the intemperate and divisive language that seems to have been a feature on both sides in this particular sad case.

[Baroness Barran (Con)]

The noble Baroness is absolutely right: there should be a safe and inclusive environment. The right to freedom of speech is not absolute and certainly does not include the right to incite violence or terrorism or to harass others.

[Lord Cormack (Con)]

My Lords, that is indeed right, but I associate myself very closely with the remarks of my noble friend Lady Jenkin of Kennington. Could the Secretary of State write to all vice-chancellors, pointing out that we are on the slippery road to Salem and McCarthy if we continue with this practice on campuses?

[Baroness Barran (Con)]

I am happy to share my noble friend’s suggestion with the Secretary of State, but I know that he would also support the independence and autonomy of universities. The Government are seeking to make crystal clear their duties in relation to freedom of speech and how those can be enforced.

[Baroness Morris of Yardley (Lab)]

My Lords, one of the most disturbing aspects of what Professor Stock has had to endure is that some academic staff seem to have encouraged students to behave in a way that is quite contrary to the purpose of being at university. If higher education stops being a place for open debate and discussion, we as a nation really do have problems. But, sadly, Professor Stock is not the only person in this position, and, while I welcome the report that she has announced on the University of Sussex, noble Lords and the Minister will be aware of named people who are going through this as well. What can she do now to make sure that, in several weeks’ time, we are not having a debate about further resignations from university posts?

[Baroness Barran (Con)]

The noble Baroness is absolutely right. The Government have been crystal clear about their view on these issues. We have heard today about the investigation on the part of the Office for Students, which will, I am sure, cause other university leaders to reflect. Perhaps your Lordships might consider the number of amendments to the Bill, when it comes to your Lordships’ House.

[Baroness Sherlock (Lab)]

My Lords, the Bill that the Minister has just mentioned proposes to appoint a new free speech director in the Office for Students. For someone to be able to intervene in sensitive areas, it is really important that they have the trust of all sides across the sector. The Minister will be aware that, when the chair was appointed, this triggered the intervention of the Commissioner for Public Appointments, which ended up appointing someone who still takes the government whip in this House, which has caused some concern. Can she reassure the House that, when they come to appoint a new chief executive and this director, the appointment process will be fair and transparent?

[Baroness Barran (Con)]

I reassure the noble Baroness that the appointment, like all processes, will follow the public appointments procedures, which I hope will have the confidence of every Member of the House.

[Lord Cashman (Non-Afl)]

My Lords, I welcome the investigation announced today, but I want to make a couple of simple points. All trans people—and that includes trans women—deserve to be treated with respect, dignity and humanity in their workplace or any other environment. Therefore, does the Minister agree with the recent Employment Appeal Tribunal that protection of a gender-critical belief as a philosophical belief does not mean that it is acceptable to misgender trans people, that trans people have lost their Equality Act protections against discrimination and harassment or that employers and service providers will no longer be able to provide a safe environment for trans people, including trans women?

[Baroness Barran (Con)]

I say to the noble Lord that reassurances to trans people were clear in the recent Employment Appeal Tribunal ruling, which I referred to in my response to my noble friend Lady Jenkin. It held that gender-critical beliefs that do not seek to destroy the rights of trans people can be protected under the Equality Act.

[The Lord Speaker (Lord McFall of Alcluith)]

My Lords, the time allowed for this Question has elapsed.