Disabled Children: Support Services
Baroness Barran Excerpts(3 years, 9 months ago)
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Lord Touhig
To ask Her Majesty’s Government what assessment they have made of the barriers preventing families with disabled children from adequately receiving support services.
The Parliamentary Under-Secretary of State, Department for Education (Baroness Barran) (Con)
My Lords, we recognise the challenges that families of disabled children face in getting the right support. In the past three months we have published the special educational needs and disabilities and alternative provision Green Paper, and the independent review of children’s social care published its final report. We will publish proposals to improve support for young people with disabilities and their families. Investments in family hubs and local health join-up will all improve support services for families of disabled children.
Lord Touhig (Lab)
My Lords, many of the ambitions in the SEND Green Paper are welcome and offer real hope to those of us who want reform. However, the proposal to allow parents of disabled children to pick a school only from a pre-defined list, rather than allowing them to specify one that meets their child’s needs, is plain wrong. I know many carers who have had to fight tooth and nail to get the right school for their child and this change will make it harder. I will ask the Minister one specific question: have the Government made an assessment of whether this policy, if adopted, could create even more barriers for families with disabled children than exist already?
Baroness Barran (Con)
I understand the spirit in which the noble Lord asked this Question. It is an extremely important one that families with disabled children all around the country are asking. He also hinted at the very confrontational system that we have at the moment. The point of our consultation is to understand and listen to families with disabled children. We have a big hill to climb to build trust and confidence with our families but we are absolutely committed to doing that.
Lord Holmes of Richmond (Con)
My Lords, by key stage 2, at the age of only 11, only 22% of children with special educational needs or disabilities achieve the requisite levels of literacy and numeracy. What is the Government’s plan to address this iniquitous situation and close the SEN and disability attainment gap?
Baroness Barran (Con)
My noble friend rightly points to the gap in outcomes for children with special educational needs and disabilities. He will be aware of the proposals we set out in the schools White Paper, with the aim that 90% of children should leave primary school with the required standard in reading, writing and maths. That can happen only if children with special educational needs see much better outcomes. That is behind the commitment that we set out in the Green Paper, but also the financial commitments we have made in terms of capital and revenue for those children.
Lord Addington (LD)
Does the Minister agree—I think she has—that the current system is overly legally confrontational and has primarily benefited lawyers? Having said that, what is the Minister going to do to make sure that those with low frequency problems or high needs—by definition there are few places that can support them—can travel in the new regime or have their needs met by people coming to them? That is a real problem for a very few and one that the Government must deal with if they are to get this right.
Baroness Barran (Con)
I absolutely agree that the system is overly confrontational. I cannot comment on the benefits to lawyers, being surrounded by so many of them. Parents tell us that it is overly confrontational. The noble Lord makes a good point. It will be important, and I invite the noble Lord to hold us to account on how we address those issues when we report back on the Green Paper.
Baroness Uddin (Non-Afl)
Short and long-term care services are broken according to organisations led by the Disabled Children’s Partnership, which is reporting families suffering a litany of physical and mental health issues as a result of the adversarial system we have talked about. Can the Minister assure the House that parents will not be forced to supplement health authorities and local authorities with funding of the advocacy services during the SEND process?
Baroness Barran (Con)
I am not able to reassure the noble Baroness at the Dispatch Box because her question covers such a multitude of different potential situations, but the spirit of our reforms is that we have heard loud and clear from parents about the stress and pressure that this causes them, sometimes including financial pressure, and we are absolutely committed to addressing it.
Lord Alton of Liverpool (CB)
The Minister will be aware that in April the Down Syndrome Bill, promoted in another place by the right honourable Dr Liam Fox MP and promoted here by my noble friend Lady Hollins, completed all its stages. What progress is being made on implementing the terms of that legislation, and will there be an opportunity for the House to be properly advised about that progress?
Baroness Barran (Con)
I will have to write to the noble Lord setting that out, together with my colleagues in the Department of Health and Social Care.
Lord Lucas (Con)
My Lords, I congratulate my noble friend on the respite innovation fund, which is an excellent example of the right way of tackling the challenges faced by families with disabilities. Can she reassure me that it will be evaluated to high standards, that families will not be allowed on to the scheme unless they understand that evaluation is an important part of it, and that a comprehensive survey will be conducted by a reputable organisation at the beginning, at the end of the intervention and six months later, so that we can learn from this and build on it?
Baroness Barran (Con)
As my noble friend knows, my right honourable friend is a great fan of data and transparency. We have commissioned an independent process and an early outcome evaluation of the first year of delivery to assess the impact of the scheme. It will obviously seek the views of parents and children who are in receipt of the support, as well as those of local authorities and other delivery partners. The evaluation will assess the feasibility of conducting a robust impact assessment of the type my noble friend outlined, for years two and three of delivery.
Lord Watson of Invergowrie (Lab)
My Lords, I must press the Minister in respect of the answer she gave to my noble friend Lady Uddin a few moments ago. Surveys by the Disabled Children’s Partnership found that three-quarters of parent carers had suffered a deterioration in mental health due to the fight they were required to undertake to get the right services for their children. In the light of that, can the Minister say how the Government intend to use the SEND Green Paper to reduce the burden of admin and advocacy that currently rests on the shoulders of parents with disabled children?
Baroness Barran (Con)
I think I mentioned our starting point in response to the original Question asked by the noble Lord, Lord Touhig, which is that part of our challenge is building up trust with parents who have children with a disability. We believe that by having much clearer bandings around provision, so that we reduce some of the regional inconsistencies in the system, and by requiring mediation as part of this, we will reduce confrontation. That is absolutely our intention, but we do not have a closed mind on this. We have held more than 153 consultation events and they are growing all the time. We are very keen to hear from parents on what they think will work.
Baroness Bull (CB)
My Lords, the Disabled Children’s Partnership, to which many noble Lords have referred, points out that the Green Paper does not answer what may be the biggest question for many families: how will councils, schools, the health service and others be held to account if they do not meet their legal duties to provide appropriate support for disabled children and their families?
Baroness Barran (Con)
The noble Baroness is right, and she will be aware that just over 50% of councils inspected by Ofsted got written statements of action, which means they have significant weaknesses in their arrangements for children with special educational needs and disabilities. Obviously, we are planning to improve the system, but we are also planning to improve accountability through new inclusion dashboards for 0 to 25 year-old provision. We hope that that will give us a timely picture of performance that can be used to create a self-improving system.
Baroness Chapman of Darlington (Lab)
My Lords, the Government’s national strategy for disabled people was described by them as a strategy to remove barriers and increase participation, but it was judged to be unlawful by the High Court earlier this year because of the dire state of the consultation. Does the Minister agree that overcoming barriers to access is best achieved alongside disabled people, with their full involvement? What is she going to do to make sure we never get into that situation again?
Baroness Barran (Con)
Many disabled people’s groups welcomed the strategy at the time, and we are deeply disappointed and strongly disagree with the finding of the court. The Secretary of State concerned has sought permission to appeal the High Court’s decision. In relation to the Department for Education, the actions that we had in the national strategy are not impacted by the High Court’s decision and we are continuing at pace with all of them.
Social Care: Children
Baroness Barran Excerpts(3 years, 9 months ago)
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The Lord Bishop of Derby
To ask Her Majesty’s Government what assessment they have made of the Independent Review of Children’s Social Care, published on 23 May; and what plans they have to make experience of being in care a protected characteristic under the Equality Act 2010.
The Parliamentary Under-Secretary of State, Department for Education (Baroness Barran) (Con)
My Lords, we are grateful to Josh MacAlister for his important work, which matches our ambition for vulnerable children and their families. We will consider the recommendations in the Independent Review of Children’s Social Care, including the recommendation to make experience of being in care a protected characteristic. The Government will publish the detailed and ambitious implementation strategy later this year.
The Lord Bishop of Derby
I thank the noble Baroness for her Answer. Today, 100 young people in the care system met Members of your Lordships’ House and the other place to express their views on how the care system can be improved, and I know that, like me, she had the privilege of meeting and talking with some of them. Can she say more about how young people will be directly included in the national implementation board of this care review?
Baroness Barran (Con)
I did indeed by chance meet a group of young people wearing badges reading “Our care”, so the opportunity was irresistible in view of the right reverend Prelate’s Question. We are building on the work that Josh MacAlister did. He had an advisory board made up of people with experience of the care system, and we are continuing with that approach for our implementation board.
Baroness Walmsley (LD)
The report recommends technology to achieve frictionless sharing of information, and a national data and technology task force. Is this the body that would decide on the unique identifying number for which the children’s workforce has been calling, to avoid children disappearing through the cracks between services?
Baroness Barran (Con)
The noble Baroness will be aware that the Government committed in the Health and Social Care Act to develop a unique identifier, and that work is continuing. I believe it is separate to her reference.
Lord Touhig (Lab)
My Lords, the SEND Green Paper said very little about social care, and the independent review the right reverend Prelate spoke about defers responsibility back to the same Green Paper. This has caused groups such as the Disabled Children’s Partnership to raise concern that reform of funding for disabled children’s social care will not be addressed. Will the Government ensure that this does not happen and that problems in disabled children’s social care will be resolved?
Baroness Barran (Con)
I am very concerned if the perception is as the noble Lord describes. I encourage those involved with particular expertise in that area to contribute to the consultation on the Green Paper, which is open until 22 July. Our ambition is clear: that we address the problems in the system comprehensively.
Baroness Butler-Sloss (CB)
My Lords, I wonder if the Minister has taken on board—I am sure she has—a recommendation from the report that more senior social workers should carry on having case loads. My experience as a family judge was that senior social workers were completely divorced from the sorts of cases that were actually coming before the courts. I would be grateful to know if the Government will take that forward.
Baroness Barran (Con)
The Government are considering all 80 recommendations in the report, of which this is an important one. We have identified the five priority recommendations, but the implementation board will report back on all our actions by the end of the year.
Lord McColl of Dulwich (Con)
My Lords, I welcome the focus that the review has placed on supported lodgings. However, work still needs to be done to enable supported lodgings to become a fully recognised provision. Will the Government commit to meeting Home for Good, a charity that has recently set up a supported lodgings network, to provide a definition and guidance on this provision?
Baroness Barran (Con)
My noble friend raises an important issue. Indeed, one of the young women to whom I was speaking just before this Question talked about exactly the point that he raises. I would be delighted to meet the organisation that he mentioned.
Baroness Tyler of Enfield (LD)
My Lords, I too had the privilege of meeting some of those young people a little earlier, which included hearing a rather harrowing story of two brothers who had been brought up in foster care. The review recommends more support, both practical and financial, for kinship carers, which include grandparents, aunts, uncles and others who care for family members. Is the Minister able to say what is going to happen to that recommendation and whether the Government are planning to take it forward?
Baroness Barran (Con)
The Government recognise the incredible role that kinship carers play in the system. It would be premature for me to judge what the Government will decide, but obviously it is being considered carefully along with the other recommendations.
Lord Patel (CB)
My Lords, in the question from the noble Baroness, Lady Walmsley, the Minister suggested that there would be two national children’s identification numbers. Is that correct? Can that be right?
Baroness Barran (Con)
I apologise to the House if that is the impression that I gave. I am happy to write to set out the Government’s position in detail.
Baroness Chapman of Darlington (Lab)
My Lords, the report recommends that schools are made a statutory safeguarding partner in the care system, to represent the voice of education in partnership arrangements. Will the Government take advantage of the opportunity that the Schools Bill presents? I recommend the amendment tabled in my name to that end. which would formalise the role that our schools already play, to give them the recognition and voice that they need to do that job effectively.
Baroness Barran (Con)
I look forward to debating the noble Baroness’s amendment in detail. We know that schools already play an incredibly important part in safeguarding children and represent an important source of information about whether or not a child is safe. However, I cannot prejudge the final decisions.
Baroness Walmsley (LD)
My Lords, since there is time, I will ask another question. The review calls for a reformed children’s social care system to be based on children’s rights, putting children’s voices at the centre of decisions. What framework will the Government use for this approach? Will they consider using the existing UN Convention on the Rights of the Child?
Baroness Barran (Con)
A decision has not been taken on that, but the noble Baroness exposes an important issue. For a long time, the voice of the child and the welfare of the child being paramount has been a concept that we are all extremely familiar with, but we must ensure that it happens in practice as well as in legislation.
Schools Bill [HL]
Baroness Barran ExcerptsWednesday 22nd June 2022
(3 years, 9 months ago)
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The Parliamentary Under-Secretary of State, Department for Education (Baroness Barran) (Con)
My Lords, I thank you all for your thoughtful contributions. I start by saying that I could not agree more with my noble friend Lord Lucas. I had the pleasure of talking to a number of home educators from Gloucestershire yesterday and to the local authority, thanks to an introduction from my honourable friend Siobhan Baillie. Clearly, the relationships between the two were extremely strong and good, as my noble friend pointed out.
I will start my remarks with Amendments 112A and 137C, tabled by my noble friend Lord Lucas, and Amendment 171X from my noble friend Lord Wei. The issues of appeal are extremely important. I will summarise the current routes for your Lordships, but also make some commitments to the Committee about how we can make sure that the concerns that have been aired this afternoon, and by home educators I have spoken to, can be addressed.
Lord Addington (LD)
Before the noble Baroness finishes that point, if somebody has special educational needs—we had an example from my noble friend Lord Storey—and they are still interacting with the education system to an extent, would they still get that support despite the fact they are home educated? I appreciate that it is a difficult interchange—I probably did not declare my interests properly before—but could we get an example? The primary problem with this is the fact that home educators are a very broad church.
Baroness Barran (Con)
So, as the noble Lord knows extremely well, is the spectrum of educational needs. I know that one is not allowed to have props in the Chamber, but I commend to the noble Lord the flowchart at the back of the policy notes on this part of the Bill. It sets out the process, including where a child has special educational needs. I think it is easier to follow than me trying to explain at the Dispatch Box.
Turning to Amendment 130A from my noble friend Lord Lucas, individuals already have the right to ask local authorities for copies of their personal information and inquire how they are using it by submitting a subject access request. A parent can demand that inaccurate information is corrected, and if the local authority fails to do so, the parent can complain to the Information Commissioner, who has significant enforcement powers.
Turning to Amendment 134A, I repeat that it is not possible for fines or penalty notices to be given to parents for failing to provide information for the registers and the Bill does not provide for that, but if parents fail to demonstrate that their child is receiving a suitable education, it is right that the local authority begin the process of issuing a school attendance order. If the parent is unable to evidence that the education they are providing is suitable, the process will lead to an order being issued. If the parent then breaches the order, they may be fined by the magistrates’ court. On collecting and publishing data on this, the Bill already provides flexibility to require this through regulations.
I now turn to Amendments 136ZA, 136B, 136C, 137B, 138ZA, 138A, 139 and 140, from my noble friend Lord Lucas, the noble Baroness, Lady Garden, and the noble Lord, Lord Shipley. My department’s guidance for local authorities highlights that the authority should initially attempt to resolve doubts through informal inquiries.
The noble Lord raised the point of expediency, and I am grateful, because I absolutely understand why, and why it sounds anything other than what one might expect. The current test for issuing a school attendance order is that the child is not receiving a suitable education, in the opinion of the local authority and, as the noble Lord said, that it would be expedient for the child to attend school. That is the test contained in the existing Section 437 of the Education Act 1996, and new Section 436J mirrors that test, so this will keep the test for issuing a school attendance order the same in both England and Wales. I again point the noble Lord to my favourite flowchart, from which he will see that, prior to issuing a school attendance order, there needs to be a preliminary notice, which is covered at new Section 436I(3)(c), where it says that one of the conditions for issuing a preliminary notice is:
“the child is not receiving suitable education, either by regular attendance at school or otherwise”.
I absolutely understand his question, but I hope I have reassured him and the House that, while it may appear to be one thing, it is covered absolutely properly in the legislation dating from the 1996 Act. The current law, supported by guidance, requires that local authorities take all relevant factors into account when considering whether it is expedient for a child to attend school, and that includes where the child has expressed an opinion about attending school—the voice of the child was something that a number of your Lordships raised.
Local authorities should have the in-house expertise to make these decisions, but if they do not, they can and should consult a suitably qualified external expert. We will make this clear in our guidance. It is crucial that the time a child is in receipt of unsuitable education is minimised, and therefore it is right that local authorities move to initiate formal school attendance order procedures as soon as possible where home education appears unsuitable. The noble Lord, Lord Storey, rightly mentioned the work of many charities; we may be thinking about the same ones. If he goes back to the schools White Paper, he will see that our approach on attendance is: support first, support second, support third, with enforcement very much down the line. We are working with a number of charities which are leaders in this field.
Amendment 143B from my noble friend Lord Lucas is unnecessary, because if local authorities were to refuse to revoke a school attendance order on an unreasonable basis, that refusal would in itself be unlawful.
My noble friend’s Amendment 143F would mean that if a parent was found guilty of breaching a school attendance order and continued to breach it, the local authority could take no further action to enforce it: it would have to restart the process and make a new order. That would obviously be a waste of public resources, but, more significantly, would add to an already lengthy timeframe in which a child may be in receipt of an unsuitable education. I should be very happy to follow up with my noble friend on the specific example he gave, where that home education may have changed, to check that we have that very reasonable point covered.
Finally, I speak to Amendment 143I, also tabled by my noble friend and the noble Baroness, Lady Whitaker. A breach of a school attendance order is currently punishable by a fine of up to £1,000, compared to a maximum fine of £2,500, or up to three months’ imprisonment, for the offence of knowingly failing to cause a child to attend the school at which they are registered. This means that there is currently an incentive for some parents to remove their child from school under the guise of home education rather than incur the greater penalty associated with non-attendance. By aligning the penalties, we can increase the deterrent and help ensure that as many children as possible are in receipt of a suitable education.
The noble Baronesses, Lady Whitaker and Lady Brinton, asked about the change in custodial sentence. Wider criminal justice legislation, which has not yet come into force, will raise sentences in magistrates’ courts from three months to 51 weeks. New Section 436Q is simply in line with that wider change, and until it comes into force, the maximum sentence under new Section 436Q will remain at three months, as set out in subsection (9). The noble Baroness, Lady Brinton, also raised the issue of publication of individual data, and I am happy to repeat that we are taking that away to consider it.
I hope that I have answered the bulk of the points raised in this group and I ask my noble friend to withdraw his Amendment 112A—
Lord Wei (Con)
I think that my amendment might have been missed out. I would be grateful if my noble friend the Minister had any thoughts on Amendment 171X and the idea of an ombudsman with the expertise to adjudicate and mediate to prevent any expensive court cases that might otherwise occur.
Baroness Barran (Con)
I apologise. I referred to my noble friend’s amendment right at the beginning of my remarks and reflected that we will consider what options there are to make sure that there is a system that feels fair to parents and in which parents have trust and confidence. With that, I ask my noble friend Lord Lucas to withdraw his Amendment 112A and hope that other noble Lords will not move theirs.
Lord Lucas (Con)
My Lords, I am very grateful to my noble friend for those replies. I shall read them in Hansard and return to her if I have any points of detail to make. I very much agree with my noble friend Lord Wei that we need an appeal system that feels fair and builds trust. There are different ways of doing it. It clearly should not be by internal local authority appeals, the Local Government Ombudsmen have not proved helpful in elective home education cases to date and the Secretary of State system is a bit on the impenetrable side, so I very much hope this is an area where we will make improvements.
My noble friend’s remarks put a lot of weight on the forthcoming guidance. If at any stage a draft of that can be shared, I would be most grateful to have a look at it. It would shortcut a lot of debate if we had a clear feeling of where the Government are heading.
Baroness Barran (Con)
I hope my noble friend picked up the point, but if not, I will repeat it: we plan to develop the guidance in co-operation with home-educating parents and local authorities. I am sure that, when a draft is ready, we would be happy to share it with other Members of the House.
Baroness Chapman of Darlington (Lab)
I do not want to repeat much of the good stuff that has been said, but I shall just mention our Amendment 128, which amends Clause 48 on sharing data between local authorities when a child moves. We are just pointing out that we must have regard to child protection and the safety of their parents when this is done. We are concerned that, where there are circumstances in which a parent is moving as a consequence of domestic violence or is a victim of or witness to crime, that they are protected. To be absolutely clear, we want to make sure that information can be shared, and that it can be shared safely and quickly.
On Amendment 129, about the support provided by local authorities to children with special needs or disabilities, we are very interested in supporting this. We take the points raised on time limits and school days and would be sympathetic to any reasonable amendments along these lines at Report.
Baroness Barran (Con)
My Lords, I turn to the second group of amendments, starting with Amendment 128A, in the name of my noble friend Lord Lucas. I would remind the House that the law is already clear that parents have a right to educate their children at home. The Government continue to support this where it is done in the best interests of the child. Our guidance on home education for local authorities is clear that elective home education, of itself, is not an inherent safeguarding risk, and local authorities should not treat it as such. We are also aware that there are a number of reasons why parents may choose elective home education. Sometimes, as your Lordships have already raised this afternoon, this may not be their choice, for example due to off-rolling, which is why we believe it would be valuable to require the recording of reasons for home education, so we can identify some of the wider system issues which my noble friend rightly points to in his amendment.
On Amendment 128, from the noble Baroness, Lady Chapman, the information held in registers will of course be protected under UK GDPR, like any other data, and the Bill only enables data to be shared with prescribed partners where the local authority feels that it is appropriate and proportionate to promote the education, safety and welfare of children. I am very familiar with the issues that she raises in relation to domestic abuse and just how devious some people can be in trying to track down a former partner, which is why that proportionality of risk is so important.
I would like to thank again my noble friend Lord Lucas, the right reverend Prelate the Bishop of St. Albans and the noble Baroness, Lady Garden of Frognal, for Amendments 114A through to 119. We believe that the timeframe of 15 days in which parents or out-of-school providers must provide information for a local authority register strikes the right balance between minimising the amount of time a child would spend in potentially unsuitable education and allowing sufficient time to send the required information. In addition, defining the period in terms of “school days” would, we believe, be an inappropriate and impractical measurement for home-educated children who, as we heard in the debate, by definition do not necessarily follow a school calendar. But I think the issue with the timings and those proposed by my noble friend in later amendments on the school attendance order process is that, if you take them all together, it would more than double the length of time that a child would be without suitable education. It would take the total number of days to 120, instead of 51 on the Government’s proposed process. I think that is the way I would ask your Lordships to think about it. Each individual step may look tight to some of your Lordships, and to some home educators and proprietors of education institutions, but when we look at it in the round, the fact that a child could be in unsuitable education for 120 days, versus 51, is the point I would ask your Lordships to reflect on.
The noble Baroness, Lady Garden of Frognal, proposed Amendment 126. The monetary penalty for failing to provide information, contained in the new Section 436E, only applies to persons who provide out-of-school education to children without their parents being present. Parents who fail in their duty to provide information, or who provide false information, for the register would not be subject to any financial penalty. Rather, as I mentioned earlier, the local authority will be required then to initiate the process of finding out whether a child is receiving suitable education. That is obviously the central point of their inquiry. If they find that a child is not receiving this, then it could lead to a school attendance order. And if that attendance order is not complied with, it could eventually result in a fine being imposed, but only if the parent convinces neither the local authority nor the magistrates’ court that their child is being suitably educated.
Lord Addington (LD)
That was fairly helpful, but we are now overly dependent on the plans; I do not think there is any doubt about that. The Government are effectively saying that an identified need which is either not severe or has not yet gone through the process would still give some form of obligation, recognition and an entitlement to support in certain circumstances.
Baroness Barran (Con)
Under the changes proposed in the Bill—if I understood the noble Lord correctly.
I turn to Amendment 173 from my noble friend Lord Lucas. We would like the system of registration to be implemented as soon as possible to—I hope—reassure those parents who are doing a great job supporting their children at home. It will offer support to those parents who are struggling to provide education to their children at home, help safeguard those children who may be more vulnerable and not in school, and allow local authorities to better target their resources to those families who want or need support. We will take sufficient time prior to the registration system coming into force to ensure the registers work for everyone and that local authorities are clear on their support duty. Therefore, we do not feel it is helpful to set a strict implementation plan for the new support duty in the Bill.
The noble Lord, Lord Storey, raised Amendment 123. I hope he will be reassured that it is already a criminal offence knowingly to recruit someone to work in a regulated activity with children who has been barred from working with children.
The noble Baroness, Lady Garden, and my noble friend Lord Lucas brought forward Amendments 122C, 125 and 126A. A threshold set out in regulations will ensure that the duty to provide information targets only those providers that are used for a substantial proportion of a child’s education. I was not altogether surprised that the noble Lord, Lord Storey, raised the issue of unregulated alternative provision. I know we are going to be debating it in more detail in a subsequent group, so I hope I can save my remarks on that for later.
There is also a power in new Section 436E(6) to make regulations creating specific exemptions to the requirement for providers to provide information, which could be used to exclude certain settings from scope. We will continue to engage with stakeholders on this. However, where providers are eligible, the duty will be vital in aiding identification of eligible children and ensuring the registration system is effective in safeguarding them from harm and promoting their education.
My noble friend—I mean my noble friend Lord Lucas; I have so many noble friends—referred to the importance of adequate funding. We are still in the process of determining what the minimum expectation on local authorities should be in terms of their new support duty. To ensure that it is as effective as possible, it is right that we undertake the necessary consideration and assessment of need, including how this can be achieved and the costs involved. We will engage closely with stakeholders on this prior to the statutory guidance being issued and we have also committed to undertake a new burdens assessment to identify the level of funding that may be required to support local authorities so that they can discharge their duty effectively and well. Therefore, I ask my noble friend Lord Lucas—
Baroness Morris of Yardley (Lab)
I have a very quick question before the Minister sits down. She talked about making sure that people have the relevant safeguarding qualifications and going through the process. Whose responsibility is that? Does the parent of a home-educated child have a legal duty to do the checking or does that power and responsibility lie with someone else? If it was a school, it would be the school’s responsibility. I am not sure whose responsibility this is.
Baroness Barran (Con)
I do not know the answer to the noble Baroness’s specific question, but I will get an answer and respond to her.
In closing, I ask my noble friend Lord Lucas to withdraw Amendment 114A and other noble Lords not to move the amendments in their names.
Lord Lucas (Con)
My Lords, yet again, I am very grateful to my noble friend for her replies. I assume that the Government have all the powers they need to create this guidance that we are all placing so much reliance on. I hope my noble friend will tell me if that is not the case, but I assume that it is. I look forward to reading her replies in more detail in Hansard and picking up any issues I have with them in correspondence. For now, I beg leave to withdraw my amendment.
Baroness Wilcox of Newport (Lab)
My Lords, this is a technical question and compassion for parents who are often struggling to deal with vulnerable children must be factored in. These amendments are intended to simplify the immediate duty to one of registration, leaving it to the local authority then to inform the parents of the other requirements and increase the timescale to accommodate additional responsibilities on parents. School days are used to exempt parents from having to disrupt holidays to provide the required information. These all seem sensible alternatives to what is currently proposed by the Government. I conclude by asking the Minister what analysis lies behind the Government’s choice of a 15-day period in these proposals.
Baroness Barran (Con)
My Lords, again, I thank my noble friend Lord Lucas, the noble Baroness, Lady Garden of Frognal, and the right reverend Prelate the Bishop of St Albans, represented tonight by the right reverend Prelate the Bishop of Blackburn, for Amendments 120, 120A, 121, 122 and 122A. As debated with your Lordships earlier this evening, the relevant period has been set at 15 days to minimise the amount of time that children are potentially not in receipt of a suitable education and to allow local authorities to use their powers effectively. Therefore, extending this timeframe could reduce local authority visibility where, for example, a child might be missing education, and prevent them quickly redirecting their resource, where a child ceases to be eligible for registration, to those children and families still eligible. As I said in the earlier group, our approach to this has been to look at the total length of the process and consider the balance between the requirements placed on parents and providers with the rights of the child to access a suitable education as quickly as possible. As I said, the amendments would increase that from 51 days to 120 days, and I am sure all the former teachers in the Committee will be able to convert that into a term or more in a nanosecond. That is the reason we would resist these amendments.
Turning to Amendment 124 from the noble Baroness, Lady Garden, the response time for providers has been set to 15 days for similar reasons—so that local authorities can be sure that their registers are accurate and they are discharging their duties effectively to ensure that children are in receipt of a suitable education. By extending the timeframe, local authorities would not be able to identify where certain children are receiving their education or, at worst, if they are attending unsuitable settings such as illegal schools.
Finally, turning to Amendment 134: we consider extending the 14-day period unnecessary, as a person served with a warning notice is already able to extend their period to respond to 28 days if they provide notice that they will be making representations. Therefore, I would ask the noble Baroness, Lady Garden, to withdraw her Amendment 120 and other noble Lords not to move theirs.
Baroness Wilcox of Newport (Lab)
My Lords, the general thrust of these amendments is to make school attendance order conditions easier for parents by, for example, increasing the information handover period, compelling consideration of the child’s relevant medical conditions—looking at the child holistically.
An important factor that has not had enough mention is that of the impact of poverty on attendance. Poverty affects school attendance for a variety of reasons, and in the third decade of the 21st century some children are unable to attend school because their parents cannot afford fuel or travel costs, or they are more likely to be absent with sickness as their families cannot afford heating or hot water, or to provide a healthy diet.
For some children, not having the right uniform and missing breakfast are barriers to them setting foot in school. Children are having to take days off school due to unwashed, ill fitting or shabby clothes. This often leads to bullying, which is a huge concern when children are unable to dress like their peers and have poorer-quality clothing, shoes and school bags. I have seen and experienced these issues first-hand as a barrier to attendance, and teachers themselves often provide for children in these desperate circumstances. It cannot be right that in a society as wealthy as Britain, we still have children living like this. Poor attendance adds to the inequalities that they face.
We know that schools are often the first point of contact when dealing with such inequalities, so it is important that we have the correct resources and tools to deal with them. Our Amendment 144 ensures that schools’ attendance policies consider how to support staff who have been given new responsibilities for implementing the policies. This whole Bill will give hard-pressed teachers even more responsibilities, so we require recognition of that and to get them the support that they deserve in those areas.
Naturally, none of these measures will increase the resources for education, financial or physical. In the debate on Monday, I noted to your Lordships the paper-thin state of local government finances, and schools are finely balanced within that equation. Such an increase in monitoring and evaluation of attendance policies will be yet another job for an already hard-pressed member of the senior management team in a school. I have served in that capacity for decades; it is an extremely stressful occupation. This is one reason it is increasingly difficult to recruit heads and deputies in the secondary sector.
Our Amendment 146 will mandate the Secretary of State to produce a breakdown of those fined to allow assessment of disparities and compel them to consider the measures to address this. If we examine the data, attendance fines and fixed penalty notices are vastly skewed towards women, who are more often caregivers, and less affluent people, who are more often dealing with truant children. The Secretary of State should be forced to recognise this injustice and tackle it. I pose the question: where is the levelling-up agenda here?
I must stress that we do not disagree with this clause in principle. I set out earlier that we must ensure that the children at greatest risk attend school regularly, but I must press the Minister on what her department’s hard evidence is—whether behavioural science or otherwise—that fines will increase the information given or get more absent children into school. Children with poor attendance need support and staff need the resources to help them deal with it.
Baroness Barran (Con)
I thank my noble friend Lord Lucas, the noble Baronesses, Lady Wilcox, Lady Chapman, Lady Brinton, Lady Bennett and Lady Garden, and the noble Lord, Lord Knight, for their amendments in this group. I shall speak to Amendments 136 to 143, from the noble Baroness, Lady Garden, and Amendments 136A and 137A, tabled by my noble friend Lord Lucas. We have worked closely with a group of local authorities in developing the timeframes set out in the Bill. As we discussed in previous groups on school attendance order timeframes, we want to ensure that the school attendance order process is as efficient as possible, so that any child not receiving a suitable education is placed in adequate provision swiftly and can benefit from the full-time education to which they are entitled.
Amendment 143D, tabled by my noble friend Lord Lucas, would bypass the existing procedures under the Children and Families Act 2014 and associated secondary legislation for amending an education, health and care plan. Clause 49, as drafted, does not prevent a parent seeking to have the name of a school changed or removed from their child’s education, health and care plan, in line with the existing process and timescales set out in the Act. Following that process, a parent may apply for the school attendance order to be revoked as normal.
I thank my noble friend Lord Lucas and the noble Lord, Lord Knight of Weymouth, for their Amendments 140A, 143A and 143C. If local authorities were required to revoke orders simply on the grounds that a child has moved to a new area, the continuity of the child’s education and the local authority’s duties to safeguard children—and to satisfy itself that every child is receiving a suitable education—would be impeded.
When a child leaves the local authority area, including, as in the example given in Amendment 140A, to move to Wales, we expect both local authorities to work together to co-ordinate and facilitate the movement of children and parents subject to school attendance orders. We expect local authorities to facilitate this swiftly and efficiently, given the importance of ensuring that all children have access to suitable full-time education, in line with their common-law obligation to act within a reasonable timeframe. We will set out further details on this issue in future guidance.
On Amendment 143E, tabled by my noble friend Lord Lucas, I assure him that school attendance orders already apply only to children of compulsory school age. This is included under new Section 436J(4), introduced through this Bill.
On Amendments 143G and 143H, tabled by the noble Baroness, Lady Whitaker, and my noble friend Lord Lucas, Clause 50 as drafted already allows the court to use its discretion to rule that a school attendance order ceases to be in force in the event of an acquittal for breaching the order. This discretion is valuable, as there may be circumstances where there are clear reasons for the order to remain in force.
If the court finds that a parent has had their child registered at the school named in the order, they would find the parent not guilty of the offence, but there may be individual factors making it important for the child to continue attending that school and, therefore, for the order to remain in force; for example, if there had been a previous pattern of school attendance orders being required in respect of that child.
Amendment 143IA, tabled by my noble friend Lord Lucas and the noble Lord, Lord Knight, would create duties on Ofsted to oversee local authorities’ exercise of their functions in relation to electively home-educated children and school attendance in a way that encourages a positive relationship between the two. As your Lordships have heard me and my noble friend say several times this evening, that is absolutely our goal. Ofsted already covers both elective home education and children missing education as part of its children’s social care remit; local authorities are held to account in relation to those functions.
On school attendance, through recently published attendance guidance, which we intend to put on a statutory footing through the Bill, local authorities are expected to provide attendance support to pupils who face barriers to attendance prior to considering any legal intervention. As I said earlier, in response to the question asked by the noble Baroness, Lady Wilcox, it is “support, support and support” before there is any kind of enforcement. We understand that the reasons children may not be attending school are often very complex and support is almost always the right answer.
On Amendment 137D, tabled by the noble Baroness, Lady Brinton, local authorities are already required by law to take account of relevant factors when making decisions, including on preliminary notices. They should have the necessary in-house expertise to make these decisions but, as we have heard from the noble Baroness, that is not always the case. If local authorities do not have the expertise, they are able to consult an external expert. Parents are able to ask local authorities to take account of expert advice when making decisions, and the local authority must consider this external evidence and any other relevant considerations in line with public law.
Baroness Chapman of Darlington (Lab)
I do not want to detain the Committee either, but my ears also pricked up at the question of six months or 12 months. I was part of the Bill Committee when we agreed that magistrates should have the power to hand down sentences of up to a year. This is a slightly odd one; I do not think I have ever seen an offence drafted quite like this, especially given the journey that people would go on to be subject to these orders. I absolutely accept that, for a situation to get this point, the circumstances would be extremely unusual. If you need to send a parent to prison for a year for failing to get their child to school, there is a lot more going on. There will probably have been multiple interventions from social services and elsewhere before we ever got to that point. Whether the child would still be in the care of a parent who needed to go to prison for failing to get them to school is an interesting question.
It is usual, I should think, with an offence such as this, for a Minister to explain why a penalty of a year will have any more of a deterrent effect then a penalty of six months, eight months or three months. I know they would be available to a magistrate, but it is unusual to see it done in this way. I do not know whether that is because it is a Bill of the Department for Education, rather than the MoJ, which is perhaps more used to dealing with such clauses. It would be helpful if the Minister said a bit more about this.
I am content that these clauses should stand part of the Bill, but I am sensitive to the concerns of home educators, particularly those who are doing a good job. We do not want them to feel undermined or threatened in any way by this. We can stand here and say “Well, they shouldn’t; there’s no need for them to”, but the fact is that that is how they already feel, so we have a job of work to do to meet them where they are on this. At this point, it would be helpful if the Minister said what she can on that, but we do not want the clauses removed from the Bill.
The Parliamentary Under-Secretary of State, Department for Education (Baroness Barran) (Con)
I shall speak to Clauses 49, 50 and 51 and Schedule 4, which the noble Baroness, Lady Jones, opposes. She asked me to summarise the purpose of this part of the Bill. The overarching purpose is that we should feel confident that every child in this country is getting a suitable education, that we should offer support to those home-educating parents who feel they need it, and that we should address the very small number of children who are not in school or being suitably educated at home, and who are exposed to a range of risks which we have discussed tonight.
The other point behind the noble Baroness’s very fair question was to ask us about the spirit in which we approach this and how we are doing it. As the noble Baroness, Lady Chapman, said, it does not matter whether we tell parents to think a certain thing: if we feel it, we feel it. I hope that the Committee senses that we acknowledge that. I feel it is our responsibility to try to address those anxieties and put ourselves in the shoes of parents who are worried about the proposals. It is material, in our commitment to develop guidance for local authorities, that we will do that in partnership with local authorities and home-educating parents, so both voices are there. I hope very much that we will reach a good place with them, and that that recap responds to the noble Baroness’s question.
I am afraid that I will have to write to the noble Baronesses, Lady Brinton and Lady Chapman, regarding their questions. My understanding is that we are bringing the offence in this Bill in line with other similar offences, but both noble Baronesses have asked extremely good and detailed questions and I will respond to them in writing.
Clause 49 amends the school attendance order process in England to make an order a more effective measure for parents who are not providing their child with a suitable education, or who fail to demonstrate that they are doing so to local authorities. If a local authority knows that a suitable education is not being provided, or cannot deduce whether it is, it is important that this be acted on quickly to make sure that children get a suitable education as quickly as possible. For this reason, additional timeframes have been introduced and in some existing cases, as the Committee has debated tonight, shortened. We are trying to bring more consistency by aligning the process for and effect of orders for academy schools more closely with that for maintained schools.
Clause 50 similarly seeks to increase the efficiency of the process where a parent fails to comply with a school attendance order in England, and to support the child’s right to education and minimise the amount of time that a child misses education. Today, if a child is registered at a school but their parent keeps them at home without a valid reason, the parent commits an offence and can potentially receive a heavier penalty than if they simply withdraw the child from school completely without providing any education at all and ignore a school attendance order. Equalising the maximum penalties for those two situations removes this perverse incentive to take children out of school without providing suitable home education. These changes are only being made to the school attendance order process in England. Therefore, Clause 51 and Schedule 4 make consequential amendments to help separate the two processes in England and Wales and to ensure they are reflected in relevant legislation such as the Children Act 1989 and the Education Act 1996.
With that explanation, I ask the noble Baroness not to oppose Clause 49, the other clauses and Schedule 4.
Baroness Whitaker (Lab)
My Lords, although this amendment was scheduled to be in the last group, amendments have been moved around a bit. I am sorry I missed it.
The rationale of Amendment 143J is that attendance policies should respect protected characteristics—that is, those that are cardinal to a child’s identity and enjoin small, short absences such as for religious or other festivals or necessary travel by parents. I beg to move.
Baroness Barran (Con)
My Lords, the Government understand the importance of schools developing their attendance policies in a way that considers the characteristics of individual pupils, including those with protected characteristics that may mean they face greater barriers to attendance. The Equality Act 2010 protects pupils with certain characteristics, such as race, disability and religion, from discrimination in their educational setting. Schools have clear duties under the Act, and we expect them to develop all policies, including attendance policies, in line with those duties.
The department recently published attendance guidance, Working Together To Improve School Attendance, which we intend to put on a statutory footing through the Bill. In addition, through this guidance and their own Equality Act obligations, academy trust boards and governing bodies of maintained schools are expected to ensure that their schools have an attendance policy that considers their obligations under the Act.
As I believe the amendment to be unnecessary, I ask the noble Baroness to withdraw it.
Baroness Whitaker (Lab)
I am grateful for the Minister’s reassurance and beg leave to withdraw the amendment.
Lord Lexden
I want to give some background, if I may. At the general election of February 1974 the Labour manifesto declared:
“All forms of tax-relief and charitable status for public schools will be withdrawn.”
With some redrafting, “private schools” being substituted for “public schools” for example, this remained the Labour Party’s position during the rest of the 1970s and throughout the 1980s. At the 1992 election, the threat to charitable status disappeared, 30 years later to suddenly come back now, a weary ghost from the past.
What has happened during the last 30 years? Something significant has occurred: schools in the two sectors of education have moved ever closer together. The credit for this, of course, belongs to the schools themselves. They were drawn together by a recognition of the mutual benefits of partnership in so many different areas—in teaching, particularly in specialist subjects, music, drama and sport. Today this large programme of joint work is underpinned by a memorandum of understanding between the Independent Schools Council and the Government. Details are available on the council’s Schools Together website. Extensive though the programme is, there is more to be done. The best thing that everyone who has the interests of education at heart can do is to press independent and state schools to do more together. Noble Lords opposite should perhaps visit some independent schools to see what partnership work they are carrying out with state sector colleagues—that is the word they use, “colleagues”.
When I was at the Independent Schools Council, years ago, I found it quite difficult to interest the Conservative Party in any of this; Tony Blair’s Government was a different matter. Education Ministers, including Charles Clarke and David Miliband, came to the council’s offices for discussions. An official independent/state schools partnership scheme was set up to encourage progress, backed by modest funding from the Department for Education. In 2000, the then Schools Minister wrote that there had been “a huge cultural change”. In January 2001, she wrote: “There are no plans to legislate to remove charitable status from independent schools.” The same Minister got independent schools seats in the General Teaching Council and introduced special fast-track arrangements to help teachers in independent schools get QTS. She referred to them earlier in these debates. Always listen carefully to everything the noble Baroness, Lady Morris of Yardley, says in this House. I am sorry she is not in her place at the moment.
For years, independent schools have used the benefits of their charitable status, and more besides, to give help with fees. Back in 2001, I used to say that for every pound of benefit received, they provided £2.30 in help with fees. What would be the effect of overturning a law that has stood for over 400 years by confiscating the schools’ charitable status? Fees would rise, bursaries would fall, and schools would become more socially exclusive. I think the policy embodied in this amendment should go back to the Labour Party’s archives.
Baroness Barran (Con)
My Lords, that was a very interesting and wide-ranging debate on a number of important issues, which I will try and cover in my remarks. I turn first to Amendment 146A from my noble friend Lord Lucas, which would exempt settings that are classified as being a family from regulation under the Education and Skills Act 2008. I can assure my noble friend that the Government already, and will continue to, consider private arrangements where parents home educate their own children only as exempt.
Turning to Amendment 146B from the noble Lord, Lord Knight: we consulted in 2020 on defining full-time provision as being 18 or more hours per week. However, we concluded that this approach would encourage gaming of the system, allowing settings to opt out of regulation by operating just short of the threshold. We heard powerfully from the noble Lord, Lord Mendelsohn, and the noble Baroness, Lady Meacher, about how there are settings determined to do just that. So, guidance will be produced to help settings to understand where the registration requirements apply.
Amendments 147 and 149 from the noble Baroness, Lady Meacher, and the noble Lord, Lord Storey, seek to register part-time provision and other unregistered provision where local authorities place children. The noble Lord, Lord Berkeley, also highlighted some of the cultural sensitivities that arise in addressing some of these settings. Unregistered alternative provision, as the noble Lord knows, can provide a valuable hook back into learning for children who have complex needs or require bespoke packages. Its use, though, as the noble Lord knows extremely well, requires extremely careful planning and oversight. We absolutely agree on the need to act to address poor commissioning practice, and I know my officials would be very keen to meet with the noble Lord if he would be agreeable to discuss this further. As we set out in the recent special educational needs and alternative provision Green Paper, we are absolutely committed to strengthening protections for children in unregistered alternative provision, and we will be issuing a call for evidence before the summer on its use. I know the noble Lord will contribute to that.
I turn to the points raised by the noble Baroness, Lady Meacher. Regulating part-time settings would address the risk that currently unregistered full-time provision is split into separate settings. I know this is also a concern of the noble Lord, Lord Mendelsohn. However, most part-time provision does serve a legitimate purpose, and this risks interrupting the support and education that those settings provide, where it is provided legitimately. We believe that automatically applying the regulatory regime for independent schools to therapeutic and part-time settings would be inappropriate and likely to introduce unnecessary burdens. However, we will look at this again in the light of the call for evidence.
On Amendment 152 from the noble Baroness, Lady Meacher, Clause 63 introduces, as she described, new search powers. The powers as drafted aim to balance the need to enable Ofsted to search effectively with the safeguarding of civil liberties. This amendment would risk disrupting that balance. I know that the noble Baroness’s concern is that one would lose the element of surprise if inspectors went to an address and then had to go away and get a warrant, but requiring warrants before people’s homes are searched, particularly where consent is not given to enter the property, is a proportionate safeguard.
Baroness Meacher (CB)
This is not quite the right moment to do this, but I thank the Minister for allowing me to say a word. Has she been in touch with Ofsted and is she satisfied that it is reassured that it will be able to inspect these illegal schools—these, in my view, very high-risk schools? Is Ofsted content?
Baroness Barran (Con)
I am obviously cautious about speaking on behalf of Ofsted, but we have worked closely with it in developing this legislation. My understanding is that it is content, but I would not want to speak on its behalf, as it is an independent body.
Lord Storey (LD)
That is a very fair answer but between Committee and Report, will the Minister just make sure that Ofsted is completely content and there are no further loopholes?
Baroness Barran (Con)
I would be delighted to do that.
I was talking about how institutions might be operating separately but effectively as one institution. The evidence Ofsted might use to establish that could relate to individuals acting in concert or other evidence of links between the activities, such as the same pupils being educated on different premises. Clause 63 is intended to enhance Ofsted’s powers of inspection in these circumstances. This could include the investigation of so-called “tapestry schools”, with which the noble Lord is rightly concerned. In brief, we believe that those loopholes are closed.
As I explained, we do not believe it appropriate to regulate part-time settings until we have considered the response to the call for evidence on unregistered alternative provision. However, as we have discussed at length, parents have a duty to ensure that their children who are of compulsory school age receive a suitable full-time education. As we know from our earlier debates, local authorities can check this, and where a parent cannot demonstrate that the settings a child attends provide a suitable education, a school attendance order could of course be issued. A parent who sends their child to a different setting that provides only a narrow religious education with no secular education each weekday is very unlikely to be ensuring that their child receives a suitable full-time education, which I think is the point the noble Lord is rightly concerned about. I would be delighted to meet with the noble Baroness and the noble Lord to work through some of these examples in detail to assure them that we are meeting the spirit of their amendments.
Amendment 154 from the noble Baronesses, Lady Chapman, would remove the charitable status of independent educational institutions. When the noble Baroness talked about a change of tone, I thought for a minute that we were going to go to a certain place, but I thank her for the very measured way in which she made her case.
Independent schools that are charities are already obliged to show public benefit, as the noble Baroness acknowledged. She questioned the strength of that, but we are concerned that we should avoid piecemeal reform of charity law, aimed at only one group of charities. The amendment risks creating pressure to extend the removal of charitable status to other sectors. All charities must exist for public benefit, but they are not required to serve the whole public. It is not clear why this principle should change for one group, namely independent schools, and not for other charities.
As my noble friend Lord Lexden explained better than I can and with much greater experience, 85% of independent school council members are already involved in cross-sector working. I have met with a number of schools that are in different partnerships. I think there is a real sense of mutual benefit for the private schools and state-funded schools working together. I know that the noble Baroness and the Government will not agree on this point, but we see independent schools as an asset in our school system. Our responsibility is to make sure they fulfil their charitable purpose and that we use that asset to maximum benefit.
Finally, on Amendment 171G, also from the noble Baroness, Lady Chapman, schools are already under a statutory duty to act in accordance with the arrangements set out by local safeguarding partners. The noble Baroness will remember the recommendations made in Sir Alan Wood’s report following the review of multi-agency safeguarding arrangements. The Government legislated in the Children and Social Work Act 2017 to remove the requirement for local authorities to establish local safeguarding children’s boards. The 2004 Children Act was then amended by the 2017 Act to include provisions relating to those three safeguarding partners—the local authority, police and health—including a duty to make arrangements for them and any appropriate relevant agencies to work together to deliver their safeguarding functions. So there is some history here that we need to remember and take into consideration. The noble Baroness is absolutely right to point out that the independent review included a recommendation to make schools a statutory safeguarding partner. It is something that needs proper consideration and to which we will respond in our implementation strategy later this year.
I therefore ask my noble friend Lord Lucas to withdraw his Amendment 146A and I ask other noble Lords not to move the amendments in their names.
Baroness Barran
“Education and childcare behaviour orders(1) The Education and Skills Act 2008 is amended as set out in subsections (2) and (3).(2) In section 96 (unregistered independent educational institutions: offence), at the end insert—“(5) Schedule A1 makes provision enabling a court to make an education and childcare behaviour order where a person is convicted of an offence under this section.”(3) Before Schedule 1 insert—“Schedule A1Education and childcare behaviour ordersMaking an education and childcare behaviour order
1 (1) Where a person (the “defendant”) is convicted of an offence under section 96 (conducting an unregistered independent educational institution) after the coming into force of this Schedule, the prosecution may apply for an education and childcare behaviour order.(2) On an application under sub-paragraph (1), the court may make an education and childcare behaviour order if it thinks it is appropriate to do so for the purpose of protecting children from the risk of harm arising from the defendant conducting an unregistered independent educational institution or otherwise providing children with education, childcare, instruction or supervision. (3) An education and childcare behaviour order is an order which, for the purpose mentioned in sub-paragraph (2)—(a) requires the defendant to do anything specified in the order, or(b) prohibits the defendant from doing anything specified in the order.(4) The court may make an education and childcare behaviour order in respect of the defendant only if it is made in addition to—(a) a sentence imposed in respect of the offence under section 96, or(b) an order discharging the offender conditionally.(5) If, following an application by the prosecution for an education and childcare behaviour order, the court decides not to make such an order, it must state in open court its reasons for that decision.Duration of education and childcare behaviour order
2 (1) An education and childcare behaviour order takes effect on the day on which it is made.(2) An education and childcare behaviour order must specify the period for which it has effect, which must be a fixed period of at least six months and not more than three years.(3) Where a court makes an education and childcare behaviour order in respect of a defendant who is already subject to such an order, the earlier order ceases to have effect.Application for variation or discharge of education and childcare behaviour order
3 (1) The defendant may apply to the appropriate court for an order varying or discharging an education and childcare behaviour order.(2) On an application under this paragraph, the court may by order vary or discharge the education and childcare behaviour order.(3) A defendant may not make an application under this paragraph—(a) before the end of the period of three months beginning with the day on which the order was made, or(b) before the end of the period of three months beginning with the day on which any previous application under this paragraph was refused.(4) In this paragraph, the “appropriate court” means—(a) the court that made the order, or(b) a magistrates’ court for the area in which the defendant lives.Offence of breaching education and childcare behaviour order
4 (1) A person who breaches an education and childcare behaviour order is guilty of an offence.(2) A person guilty of an offence under this paragraph is liable on summary conviction to imprisonment for a term not exceeding 51 weeks or to a fine (or to both).(3) In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003, for “51 weeks” in sub-paragraph (2), substitute “six months”.(4) Where a person is convicted of an offence under this paragraph, it is not open to the court by or before which the person is convicted to make, in respect of the offence, an order for conditional discharge.”(4) In section 379 of the Sentencing Act 2020, in the table in subsection (1), after the entry for the Serious Crime Act 2007 insert—
“Education and Skills Act 2008 | ||
Schedule A1 | education and childcare behaviour order | offence of conducting an unregistered independent education institution”.” |
This amendment would enable a court, after having convicted a person of the offence of operating an unregistered independent educational institution, to make an order requiring or prohibiting certain behaviour by that person, if the court considers it appropriate in order to protect children from a risk of harm. Breach of an order would constitute a further criminal offence.
Baroness Barran
Member’s explanatory statement
This amendment corrects a missed consequential amendment.
Baroness Barran
“(g) paragraph 4 of Schedule A1 (breach of education and childcare behaviour order).”Member’s explanatory statement
This amendment adds the offence of breaching an education and childcare behaviour order to the list of offences in clause 63, meaning that the new powers of entry and investigation in the Bill would be exercisable in respect of a suspected offence under this Schedule.
Baroness Barran
Member’s explanatory statement
This is a drafting clarification to make it clear that the reference to independent educational institutions inserted into s.141A(1) (teachers to whom the misconduct provisions apply) only catches such institutions that are not schools. Schools are already covered by s.141A(1)(a), so this amendment avoids an overlap between existing paragraph (a) and new paragraph (bb).
British Baccalaureate
Baroness Barran Excerpts(3 years, 9 months ago)
Lords ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Lord Lexden
To ask Her Majesty’s Government what assessment they have made of the main recommendation of The Times Education Commission, published on 15 June, which calls for the introduction of a British Baccalaureate.
The Parliamentary Under-Secretary of State, Department for Education (Baroness Barran) (Con)
My Lords, I thank the Times Education Commission and the Members of this House who have contributed to it for their insight and ideas. Over the last 10 years, the Government have transformed the quality of academic and technical qualifications, ensuring that they support all young people to achieve their full potential. That is why, with the further reforms currently in train, we have no plans to introduce a new British baccalaureate at age 18.
Lord Lexden (Con)
My Lords, have the Government noted the chorus of praise that greeted this report and, in particular, its recommendation for a British baccalaureate uniting academic and vocational study? Do the Government agree with the president of the Royal Society, who has said that:
“Given the breadth of support for the commission’s report, it is surely time for a cross-party approach to implementing a genuine reset of education”?
Will the Government now rise to this challenge, surely one of the most urgent of our time, which the current Schools Bill, to which my noble friend referred, seems to rather evade?
Baroness Barran (Con)
We think we have led, since 2010, a major reset of education in this country, with relentless focus on quality, clarity of purpose and good progression outcomes, and I commend to my noble friend the schools White Paper, which covers both our legislative and non-legislative actions.
Baroness Blackstone (Ind Lab)
My Lords, the Minister’s reply was extraordinarily complacent and very disappointing. I cannot understand how the Government can have such a closed mind to a sensible suggestion of the kind that the Times Education Commission has made. Is she not aware that no other OECD country has such a specialised curriculum for their able 16 to 18 year-olds? Surely it is now high time to look at this again and try to come up with a more sensible solution where young people have the opportunity to study a wider range of subjects, rather than being confined to just three as is the case with A-levels at the moment.
Baroness Barran (Con)
I thoroughly hope that I did not give the noble Baroness the sense that the Government are complacent. We are not complacent. She need only look at the measures we are taking in relation to technical education, I hope, to demonstrate that. Obviously, every country has a different education system. We have worked to build the best system for our children. We believe that it plays to our strengths and recognises the structure of the school system we have, rather than one that other countries have.
Baroness Coussins (CB)
My Lords, will the Government accept the Times education commission’s recommendation that bursaries for trainee language teachers be restored to the same level as for science and maths, given the current shortfall of well in excess of 50% for the recruitment of language teachers?
Baroness Barran (Con)
The noble Baroness has highlighted the issue of the shortage of modern languages teachers. She will be aware that we have taken a number of actions in this regard, including putting them on the shortage occupation list.
Baroness Garden of Frognal (LD)
Another great point in the education commission’s recommendations—forgive me if I read it out—is this:
“An ‘electives premium’ for all schools to be spent on activities including drama, music, dance and sport”,
which are so sadly missing in state schools these days,
“and a National Citizen Service experience for every pupil, with volunteering and outdoor pursuits expeditions to ensure that the co-curricular activities enjoyed by the most advantaged become available to all.”
What a brilliant idea. How will the Government take this forward?
Baroness Barran (Con)
The Government are already taking it forward. The department is investing around £115 million a year in cultural education over three years, on top of schools funding. We are also publishing a national plan for music education, thanks to the great leadership of my noble friend Lady Fleet, and will publish a cultural education plan in 2023. We are supporting the national youth guarantee in relation to citizenship opportunities.
Lord Cormack (Con)
My Lords, does my noble friend not accept those famous words that, without vision, the people perish? We have vision in this report from the Times. Will my noble friend at the very least —because many do think that the Government are complacent—talk to the Leader of the House about having a full day’s debate on that commission?
Baroness Barran (Con)
I would be happy to talk to the Leader of the House about my noble friend’s idea.
Lord Flight (Con)
My Lords, does the Minister agree that the main problem is that people have to specialise too early in this country? When many of us were doing O-levels, the standards were closer to today’s A-levels, so we have the problem that you cannot specialise when the quality of the teaching you are relying on is not high enough.
Baroness Barran (Con)
I can say to my noble friend that we have worked incredibly hard to reform both academic and, more recently, technical qualifications. I proudly wear my T-level badge, although it is slightly upside down. More importantly, there is a perception that one can do either academic or technical qualifications. In our response to the consultation on level 3 qualifications, published in July last year, we set out the groups of technical and academic qualifications that we will fund and how they can be combined.
Baroness Blower (Lab)
My Lords, although the Times education commission’s report is an extremely good piece of work with very good recommendations, other bodies were looking at the shape of our education system, particularly assessment, at the same time. So, although I wholeheartedly endorse the notion of having a day to look at this commission, it would pay dividends if the Government met all the commissions that have reported on the shape of our curriculum and assessment, and we thereafter debated all of them. I hope that the Minister agrees.
Baroness Barran (Con)
The Government engage with all the key stakeholder groups in this sector. We value enormously the expertise that they hold. However, I remind the House that attempts were made to deliver a broader 14-to-19 diploma but were not successful.
Baroness Neville-Rolfe (Con)
My Lords, the commission’s report comments on the importance of bringing out the best in teaching. Teach First has transformed the quality of teaching in some areas by attracting top-quality graduates into our schools. Would the Government consider a programme of Teach Last, to use the skills of those who retire early or want to give back to their communities after another career?
Baroness Barran (Con)
My noble friend will be pleased to know that there is such a programme, Now Teach, and that the Government have been active in supporting it.
Baroness Chapman of Darlington (Lab)
Last week, the Minister said at the Dispatch Box that it is not government policy to open further grammar schools, yet we read in the papers that new selective schools are on the cards as a way of soothing Tory Back-Benchers. Can the Minister confirm whether what she said last week was correct or whether the department is looking into new grammar schools?
Baroness Barran (Con)
I think the noble Baroness has seen from the Schools Bill and from the schools White Paper what our policy is in this matter.
Baroness Whitaker (Lab)
I make a plea to all those also asking the Government to take the baccalaureate more seriously. I declare an interest in that my eldest son took the baccalaureate because he was really distressed by the narrowness of A-levels. One advantage which has not been mentioned is that it can be internationally reciprocally recognised, so that children who emigrate or whose parents move for a job will not have to retake extremely alien examinations. Does the Minister not think that this is an advantage worth having for our children?
Baroness Barran (Con)
On the international recognition of our qualifications, the noble Baroness is right. We want an outward-looking and confident group of young people who seize opportunities all around the world, but certainly A-levels are extremely well regarded internationally, and we believe that T-levels will follow.
Baroness Bennett of Manor Castle (GP)
My Lords, the last Intergovernmental Panel on Climate Change report drew heavily on the work of anthropologists and sociologists. One aspect of the IB is that there is a theory of knowledge course, which looks not just at individual subjects but at how they intersect and divide between each other, and the challenge of acquiring reliable knowledge in an information age—referring to the media literacy question that we had yesterday. Therefore, is this cross-sectional, cross-disciplinary, systems-thinking approach not something that we urgently need across our education system?
Baroness Barran (Con)
The noble Baroness makes an interesting point. We agree that there is very much of value in the panel’s report, but one of its points is that there is an artificial dichotomy between knowledge and skills. All the evidence supports this. A knowledge-based curriculum stimulates critical thinking and inquiry skills, and those can be taught only in the context of solid subject content.
Special Educational Needs
Baroness Barran Excerpts(3 years, 9 months ago)
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Lord Kennedy of Southwark (Lab Co-op)
My Lords, on behalf of my noble friend Lady Ritchie of Downpatrick, and with her permission, I beg leave to ask the Question standing in her name on the Order Paper.
The Parliamentary Under-Secretary of State, Department for Education (Baroness Barran) (Con)
My Lords, we are already increasing high needs funding for children and young people with more complex special educational needs and disabilities by £1 billion this financial year to a total of £9.1 billion as part of a schools funding allocation of £53.8 billion. It is important that local authorities and schools can use their budgets flexibly to assess what provision is required for the young people for whom they are responsible.
Lord Kennedy of Southwark (Lab Co-op)
My Lords, there are currently more than 1 million children in the UK with special educational needs. In a Written Answer from the Minister received by my noble friend Lady Ritchie, it was disclosed that the mainstream allocation, which is supposed to represent £6,000 per student, was last year £4,136. As the funding is discretionary per local authority, as opposed to being allocated in a separate budget line by the Government, some children will get even less than that £4,000. In view of this, will the Government sort the problem by simply creating a separate budget line for SEN funding that they can then provide to local authorities in full?
Baroness Barran (Con)
I understand the point the noble Lord is making, but we believe it is very important that we give schools flexibility in how they spend their money. Local SENCOs, head teachers and other professionals working locally will be best placed to understand the needs of pupils in the school and the support they require.
Lord Addington (LD)
My Lords, I declare my interests in this area, as in the register. Does the Minister agree that schools are not being properly prepared to teach children they know they will get in their classrooms on a regular basis? It is reckoned that, on average, you will get three dyslexics, for instance, in every mainstream class, and those with other special educational needs will bring that up to five, six or seven pupils. Unless we get more training for teachers to handle these problems, which they know are going to occur, we will always be going back to this budget. Would it not be much more sensible to prepare teaching staff and the establishment to handle these things without going to a special budget?
Baroness Barran (Con)
I think the noble Lord would acknowledge that we are working in that area. In particular, we have been supporting teachers in the use of assistive technology, which I know is something close to his heart, and by professional qualifications and training focusing on all the areas to which he alludes.
Baroness Uddin (Non-Afl)
My Lords, the Minister will be aware of the catastrophic pressures and impacts on dwindling LA budgets, with countless pressures on schools themselves. What assessment have the Government made of the number of children with unmet needs?
Baroness Barran (Con)
The Government have made a big commitment to increasing funding in this area. High needs funding has risen by 40% over the past three years, but we work proactively with local authorities which are under particular pressure. We have a safety-valve programme, where we provide additional funding to those local authorities that can demonstrate they have a strategy for addressing their overspend.
Baroness McIntosh of Hudnall (Lab)
My Lords, the noble Baroness said that she understood the point being made by my noble friend Lord Kennedy; I fear I did not entirely understand her answer. She appears to be saying that it does not matter that schools are not getting the money per pupil originally intended for them because they have flexibility to spend it as they wish. I do not quite see how those two things go together. Could she explain?
Baroness Barran (Con)
As the noble Baroness knows, schools get two amounts of funding for children. In the current financial year, they will receive directly almost £9 billion, and the notional SEN budget was £4.3 billion. We believe that it is best for them to decide how that is spent. The noble Baroness will also be aware that we are moving to the national funding formula, which will create greater consistency and transparency in how those funds are used.
Baroness Hussein-Ece (LD)
My Lords, the Minister mentioned flexibility. We agree that schools should have flexibility to implement support for children with special educational needs. I have frequently been told by parents of children with special educational needs that the budget for their child and the staff employed are increasingly being used to cover staffing shortages in other areas and taken away from their children. Is that acceptable in the flexibility she talks about?
Baroness Barran (Con)
My Lords, I cannot comment without knowing a little more of the detail of the case. Perhaps the noble Baroness can share that, then I will be happy to look into it. I think that she is hinting at some of the strains in the system in terms of provision for children with special educational needs and those children in alternative provision. She will be aware that we published the SEND and AP Green Paper in March, which looks to provide a system that works for children but is sustainable. The consultation is open until the end of July.
The Lord Bishop of Durham
My Lords, I recently visited a school in County Durham—not a church school in this instance—where 25% of the children had special educational needs. The head teacher pointed out to me the significance of not only the teachers but the teaching assistants, and the training that they too required, and said that there was pressure on her budget to sustain that level of staffing with some specialism. Can the Minister comment on that?
Baroness Barran (Con)
Again, different schools will approach these issues in different ways. Our commitment is to give them sufficient funding to deliver on the needs of children. However, the right reverend Prelate will be aware that there is some discretion in how schools define whether a child has special educational needs. One thing that we hope will come out of the Green Paper is much more consistency on that.
Lord Watts (Lab)
My Lords, is the Minister simply saying that equalisation of funding will be a good thing? Is it not the case that equalisation will mean that the poorer schools with the worst problems will have less funding than they have at present?
Baroness Barran (Con)
I apologise to the noble Lord: that was not the impression that I sought to give. We are looking for a consistent approach to funding so that children with the same level of needs in two parts of the country get the same per-pupil funding, which is not the case today. I hope that the noble Lord agrees that that is a good ambition.
Schools Bill [HL]
Baroness Barran ExcerptsMonday 20th June 2022
(3 years, 9 months ago)
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The Parliamentary Under-Secretary of State, Department for Education (Baroness Barran) (Con)
My Lords, I thank all noble Lords for their very thoughtful contributions to the debate on the amendments in this group. I start by thanking the noble Lords, Lord Shipley and Lord Aberdare, and the noble Baroness, Lady Garden, for their Amendment 91. The Government believe strongly that starting career-related learning early is important. As noble Lords have said, children as young as seven start to adopt stereotypes based on gender, ethnicity and social background which can limit their future subject and career choices. In fact, on Friday I was lucky enough to take part in a careers session at the Howitt Primary Community School outside Derby. I am not sure that I converted anyone to a political career, but there were definitely budding newsreaders, scientists, paramedics and others in the room.
The importance of early career-related learning is why we announced in the schools White Paper that we will fund a new careers programme for primary schools in disadvantaged areas, and we will announce more details of that in due course. The noble Lord, Lord Aberdare, raised some particular questions; if I may, given the time, I will write to him with answers to those.
As your Lordships will remember, careers advice also featured prominently in the Skills and Post-16 Education Act, with many helpful contributions from this House. We have strengthened provider access legislation by requiring schools to put on six encounters—if I remember rightly, that figure was quite challenging for us all in terms of our maths, whatever our curriculum was—with providers of technical education or apprenticeships to take place during school years 8 to 13.
Turning to Amendments 171I and 158 in the names of the noble Baronesses, Lady Chapman and Lady Wilcox, of course the Government agree in principle with what the noble Baroness said about every child having access to work experience. We want that happen in practice; it is not enough to agree in principle. The first part of Amendment 171I would require schools to provide pupils with at least 10 days of work experience. We believe it is right to give schools the autonomy to provide a range of experiences of work of different type and duration, rather than to impose a blanket 10 days. Schools can deliver this as part of their legal duty to provide independent careers guidance for year 8 to 13 pupils. Of course, work experience is part of the Gatsby benchmarks, which all schools are expected to follow. We believe that the second part of the amendment is unnecessary as we already fund the Careers & Enterprise Company to deliver careers hubs. We are extending access to careers hubs so that they will cover approximately 90% of schools and colleges by August next year.
On the first part of Amendment 158, many academies choose to use the national curriculum, but, as the noble Lord, Lord Knight of Weymouth, said on another day in Committee, we trust heads and trust leaders to determine their own curriculum. I find a slight irony in the mix between areas where the Government are being encouraged to lean in and influence the curriculum, and others where the Government are being accused of taking too much power. We believe that heads and trust leaders should determine their own curriculum but that the national curriculum is something of great quality for them to benchmark against.
We recognise the value of academy freedoms and do not intend to undermine them with this legislation. Academy trusts have been at the forefront of curriculum innovation. We believe that many of the topics suggested in the remaining parts of this amendment are already covered in the existing curriculum. After a period of disruption in education due to the pandemic, we have committed to make no changes to the national curriculum in this Parliament.
I turn now to Amendment 168 in the names of the noble and right reverend Lord, Lord Harries, the noble Lords, Lord Blunkett and Lord Wallace of Saltaire, and my noble friend Lord Norton of Louth. The amendment seeks change to the phrase “fundamental British values”, the list of values and their definition, and their place in the curriculum. The national curriculum does not add the level of detail in this amendment as it is our policy that schools should lead on the development of the detailed content of their curriculum. However, the key principles of the amendment—democracy, law, freedom, respect and sustainability and climate change—are already covered across the citizenship, science and geography curricula.
It is rightly highlighted that these values are not exclusive to our society; however, we believe it is important to articulate those values fundamental to life in modern Britain. “British values” is a shorthand for those values that unite us and are commonly understood to be at the core of what it means to be a citizen in a modern, diverse Britain. Developing and deepening pupils’ understanding of these values is already part of the Ofsted inspection framework. Ultimately, school leaders are best placed to make decisions about how to embed these values to meet the needs of their pupils, and many good schools already do so very effectively.
As I hinted at, we think that adding “respect for the environment” to the values is unnecessary because this is taught through the geography, science and citizenship curricula. Whether we refer to “fundamental British values” or “the values of British citizenship”, what ultimately matters are the values themselves and how they are embedded in schools’ ethos and practices. We do not believe that it is the role of the Government to try to manage the delivery of the curriculum in this way.
The point about quality of delivery was behind what the noble and right reverend Lord and other noble Lords spoke about. As I mentioned, Ofsted inspects how well schools and colleges promote these values and, by 2018, nearly all leaders and teachers—98%—reported that they were confident that their school effectively taught the values of respect and tolerance for those from different backgrounds.
Finally, I turn to Amendment 171F in the names of the noble Baroness, Lady Morris of Yardley, my noble friend Lord Sandhurst and the noble Lord, Lord Macdonald of River Glaven. Of course, we should encourage parents to engage with their child’s curriculum to allow them to support their child’s learning at home. However, as the noble Baroness and other noble Lords expressed very clearly, parents should feel confident that they understand what their children are learning. We also think it vital that schools and teachers are focused on the activities that add the greatest value to pupil outcomes. It is a priority for the Government to reduce teacher workload. We are concerned that introducing this amendment could drive teachers to focus on tasks which become very burdensome—which I know is not the noble Baroness’s intention. There are already ways for parents to engage with their child’s school curriculum to the extent needed to support learning at home. My noble friend Lady Stroud spoke about online learning. The Oak National Academy, for example, provides packages of optional, free and adaptable digital curriculum resources and video lessons which pupils and parents can access to supplement learning.
Baroness Stroud (Con)
May I clarify with my noble friend the Minister that my comment about online learning was that schools could put the materials online so that parents could access what was being taught in school? I was not actually encouraging online learning.
Baroness Barran (Con)
Just to be clear, the Oak National Academy, as my noble friend may know, was set up during the pandemic to provide online resources. It continues to make those resources available to any parent or child who wishes to use them and to teachers who want high-quality curriculum resources to teach in a physical setting.
Furthermore, the statutory guidance for relationships and sex education is clear that schools must have a written policy in place for these subjects and must consult parents. My noble friend Lord Sandhurst referenced our guidance in this regard: schools should provide examples of the resources they plan to use when they consult to reassure parents and enable them to continue the conversation started in class when their children are at home. I think those are exactly the points your Lordships raised this afternoon.
The department has published guidance to support school engagement with parents and leaflets for schools to provide to parents when communicating about their teaching of these subjects. As was referenced, my right honourable friend the Secretary of State has asked the Children’s Commissioner to look at the RSE curriculum to complement the work that the department is already doing to improve the consistency and quality of RSE teaching, to make sure that children are being taught well and that we have equipped teachers with the right tools to teach these sensitive and difficult subjects well.
Baroness Morris of Yardley (Lab)
My Lords, this is an incredibly disappointing reply. My worry is that I do not know whether the Minister has offered all she is going to offer. This is not about using Oak National Academy resources rather than those of an outside organisation. It is not about how to communicate with parents. The amendment has nothing to do with that. I am quite sure that the Government have a lot of good ideas on advising schools about how to communicate with parents. This was very specifically about schools using materials from outside bodies, which save them work and having to rewrite the curriculum in line with what the Government want them to do—but, by law, they are not permitted to show parents these materials. I hope the Minister will forgive me if she was about to address that point, but I do not want her to sit down before doing so and I am a little worried by the tone of the response so far.
Baroness Barran (Con)
I am sorry; the last thing I want to do is worry the noble Baroness. I am not sure that I will be able to reassure her entirely, but I was coming to this point. Specifically on the intellectual property loophole, which I understand is the point the noble Baroness raised, if she would be agreeable, it would be helpful to meet and go through some of the examples. We would like to be confident that the law is being interpreted correctly and, without seeing the examples, it is difficult for us to establish that. If the noble Baroness agrees, we could look at this in more detail.
Lord Sandhurst (Con)
I hesitate to ask this, but I simply do not understand. The material has been relied on and shown to children in class. What good reason is there for parents not to be able to inspect that material within the school?
Baroness Barran (Con)
I think two issues underpin the point that my noble friend raises. I will finish the point on intellectual property, which is where I think he was initially; perhaps I misunderstood. We want to be clear that the law is being applied correctly. We will be honoured to take the time to establish that and clarify it for the House. That is one point.
The second point is that I absolutely understand the spirit of my noble friend’s question. When I spoke to colleagues in the department who had previously been head teachers, their answer was that they understand the sentiments that my noble friend expresses but are also concerned that one could end up in a situation in which there are vexatious requests and a school becomes unable to cope with them because of the number of them. With the permission of the Committee, I would just like to be able to explore that in more detail.
Baroness Barran (Con)
I understand the noble Baroness’s point and I do not think I said for a second that I thought the Committee was suggesting that parents should have a veto. If I may, I will take this point away and write to your Lordships on it.
Baroness Morris of Yardley (Lab)
The department and the head teachers the Minister has spoken to have chosen to go down a dangerous avenue on this. If the issue is to stop parents being vexatious and demanding too much of schools in asking for materials, they can do that now with almost all the curriculum materials that are taught in schools and they do not. The only ones they cannot see are these in the most contentious areas of the curriculum. I am not worried about parents being vexatious and asking for all the curriculum materials; that is not what happens at the moment. I am not sure how there can be any justification for the one area where, by law, you cannot see the teaching materials happening to be the area where parents would have most concern about curriculum content.
Baroness Barran (Con)
All I was trying to say to the noble Baroness is that I think there are two steps in this. First, is the intellectual property law being applied correctly and, secondly, how does that then translate? I think we have to answer the first question first, but I will undertake to give a full answer to the House when we have a chance to look at this in more detail. If your Lordships have specific examples, it would be extremely helpful to share them with us so that we get a broad sense of the issue.
With that, I ask the noble Lord, Lord Shipley, to withdraw Amendment 91 and other noble Lords not to move their amendments.
Lord Shipley (LD)
My Lords, I thank the Minister very much for her reply. We have now been on this group for two hours, 21 minutes and 51 seconds. I think it rather demonstrates the problems that we have been experiencing in the first three days of this Bill—it is now day four—where a whole set of matters being proposed have not been properly thought through. I hope the Minister will understand my concern—and I think that of others in your Lordships’ Chamber—that perhaps Report should be deferred until the autumn.
However, I am slightly encouraged by what the Minister said in relation to my Amendment 91 on careers guidance in primary schools. I hope very much that the Government will come forward with proposals, maybe before we get to Report. If that is not to be, I need to give notice that I am likely to come back on Report with a further amendment and debate on this matter. In the meantime, I beg leave to withdraw the amendment in my name.
Baroness Barran
“Education Act 1996
A1 (1) Section 494 of the Education Act 1996 (recoupment: excluded pupils) is amended as follows.(2) In subsection (1)—(a) after “maintained by” (in the first place it occurs) insert “, or from any Academy located in the area of,”; (b) after “provided with education by” insert “or in the area of”;(c) for “or otherwise than at school” substitute “, at an Academy located in that authority’s area, or by that authority otherwise than at school”.(3) In subsection (3)—(a) after “maintained by” (in the first place it occurs) insert “, or from any Academy located in the area of,”;(b) in paragraph (b)—(i) after “education by” insert “or in the area of”;(ii) for “or otherwise than at school” substitute “, at an Academy located in that authority’s area, or by that authority otherwise than at school”.(4) After that subsection insert—“(3A) For the purposes of this section references to an Academy do not include a 16-19 Academy.””
Baroness Wilcox of Newport (Lab)
As my noble friend Lord Knight expressed, we support the fundamental right for home education. Interesting practice is evident in a variety of settings. However, checks and balances need to be present in the system. I echo what others have said in paying tribute to my noble friend Lord Soley, who told me earlier today that he began this work in 2017.
I also echo the point made by the noble Baroness, Lady Jones, about local authorities having to assume these extra responsibilities without appropriate funding, and remind the Government that local government finances are paper-thin and cannot continually absorb extra responsibilities.
Eventually, the Government have acted on concerns around the increasing number of children receiving an education outside the classroom. We have talked about them missing out on the many benefits that a school environment brings. An old education professor of mine once said that education is “caught not taught”. I eventually got to understand what that meant, because learning and socialising with other children is very important, as are safeguarding issues.
For some children, home schooling can be a positive experience. The calls for a register for all home educators, as my noble friend Lord Soley pointed out earlier, have been around for at least the last five years, to ensure that children are receiving a suitable education in a safe environment, as well as the tools and flexibilities that that register would bring to check on a child’s home schooling.
I cannot see how we can argue with the fact that these are vital safeguards in helping to ensure that children are not being taught in unsuitable or dangerous environments. We support these school register measures in general, but we also recognise, as has been discussed in the debate, that there is a need to balance the concerns of some stakeholders.
Baroness Barran (Con)
My Lords, I thank all noble Lords for their contributions to the debate and acknowledge particularly the work of the noble Lord, Lord Soley, in making sure that the issue of children who are not in school is addressed effectively. I thank him very much for his remarks.
Before addressing your Lordships’ amendments, perhaps I might say something about the tone of the debate. It is absolutely the right of the House to challenge what the Government are doing, but, as a number of your Lordships pointed out, there are parents who are incredibly anxious about their children and the implications of these measures. The approach of the Government is as the noble Lord, Lord Soley, said and as the noble Lord, Lord Storey, suggested: we are there to support parents. I wrote down terms such as “criminalisation”, “colluding”, “demonised” and “attacking”. The Government are doing none of those things. I just ask your Lordships, out of respect for the parents who listen to this debate, who are worried about their children, to be fair in the challenge that is put to the Government and not to suggest that any of those things are in the Government’s mind, because I can absolutely assure noble Lords that they are not.
Amendment 172 from the noble Baroness, Lady Jones, seeks to require the Government to complete a review of their policy on children not in school, considering less intrusive measures and the financial cost of implementation. We believe that this is an area that is long overdue for reform to ensure that the rights of children are upheld.
We have had many reforms to the school system over recent years but home education has not been addressed. The registers are not just about those who are being home educated. They are for all those children who are not in school full-time. I think that the noble Baroness was unfair when she suggested—my words, not hers—that this is a one-size-fits-all process. As the noble Lord, Lord Storey said, once local authorities know where children who are not in school full-time are and what kind of education they are getting, they can then focus their attention on those who are not receiving suitable home education and who are missing out in a range of different ways. It will mean that in future local authorities will know this information for all children.
It is important that it is a fundamental right of a child to have a good education, which is in their best interests. The rights of parents to choose how to educate their children are upheld by the Government, but the right of the child for their parents to operate in the child’s best interests are paramount, as set out in the law. If the noble Lord, Lord Laming, were here, I am sure that he would put that point more eloquently than I can. As the noble Lord, Lord Storey, said, we know, not least from correspondence cases, whether from parents or teachers, that there are instances where some children who are not in school have not had a proper education.
I absolutely recognise the three groups that the noble Lord, Lord Soley, described and that is how we are approaching this. But our problem is that we do not know how widespread the situation is of children who are not getting a proper education. That is the problem that these clauses seek to address. We do not even know how many children are in home education; how many are ostensibly in home education but are not receiving a proper education; or how many are not receiving anything at all. That is not acceptable and as a nation we need a better grip on this, for the good of the children themselves and to make sure they all receive the education that is their right.
The measures in the Bill were consulted on in 2019 as part of the Children Not in School consultation, which received nearly 5,000 responses from parents, local authorities and other interested groups, so we do not believe that a further review would be beneficial. Our published response to this consultation and our policy statement outlined why the legislation is needed to promote the welfare and education of children not in school. The consultation also considered the financial implications, since we used the consultation to ask local authorities about the costs.
We know that registers are not a panacea, but they will help us to identify the children who are missing out, and the process of addressing that and getting them a proper education can then begin, while, of course, upholding the principle of choice for parents in the education that they feel is best for their child. I thank the noble Baroness for having arranged for me to meet parents the other day and I hope we can work across the House to reassure those parents who are concerned.
With Amendments 97A and 97B, my noble friend Lord Lucas raises important clarification points about eligibility for inclusion in the register, as well as parents’ ability to withdraw their children from school to home educate should they choose. I reassure my noble friend that the Bill already ensures that only those children ordinarily resident in an area would be eligible for registration within a local authority register. It remains the case that parents do not normally need the permission of the school or local authority to home educate. Agreement needs to be sought only in exceptional circumstances, such as when a school attendance order is in force.
The noble Lord, Lord Knight, proposes in Amendment 97BA that no child who is registered at a school should be included on a local authority register. It is critical for the registers to include those children who are not receiving education full-time as a registered pupil. The main exception to this, which we intend to provide for in regulations, is where a registered pupil is receiving some education outside of the school, at a non-school setting but arranged by the school. In that case, the school is still responsible and accountable for the provision, but in other cases, where the provision is arranged by third parties, it is important that the children are included on the register so that the local authority can be assured that, taken together, the provision for the child adds up to a suitable full-time education. This should ensure that children do not fall through the cracks and miss education when not attending school. We will set out further exceptions in regulations so that children who are regularly absent from school for short amounts of time are not included in local authority registers.
My noble friend Lord Lucas raised valuable points with Amendment 97C around the importance of parents having sufficient notice to understand what is expected of them in relation to the registers. The Bill already includes a power for the Secretary of State to make regulations setting out how local authorities are to maintain their registers and how they will publicise them. This will be supported by statutory guidance, setting out operational details on how they should implement their registers, which could also include guidance on assistance to parents.
Amendments 122B and 130B, tabled by my noble friend Lord Lucas, are about the importance of ensuring that children who are entitled to receive alternative provision are within scope of the parental duty to provide information for the registers, as well as the support duty. These children will be excepted from the parental duty if they are receiving full-time education through a Section 19 arrangement, as local authorities will already have the required information available to them. Otherwise, it is important that these children should be on the register; for example, where they are in receipt of some part-time alternative provision which is supplemented by home education. The local authority will need to assure itself that, taken together, the provision for the child adds up to suitable full-time education. Similarly, local authorities have existing obligations to ensure that these children are receiving adequate support to promote their education. I hope that this reassures my noble friend that there is not an escape hatch, as he described it.
Amendment 129AA, tabled by the noble Baroness, Lady Brinton, would require a local authority to consider any views expressed by an independent expert when considering how to respond to a request for support. It is already the case that, when taking its decisions, a local authority must consider all relevant information that is before it, including information from independent experts. Our statutory guidance will add further clarity as to what factors local authorities should take into account when discharging their duty to provide support. We will be consulting with local authorities and other interested parties, certainly including home educators, prior to the issuing of the guidance.
Amendment 132A, tabled by my noble friend Lord Lucas, would require non-maintained special schools and independent schools to provide information prescribed in regulations to the Secretary of State, and for this information to be added to the national pupil database. Existing legislation already allows for regulations requiring non-maintained special schools and independent schools to provide information to the Secretary of State, and already enables the collection of information from all non-maintained special schools. This is done via the termly pupil level school census.
Additionally, independent schools, like state-funded schools, are required to notify their local authority when new pupils are admitted, and to provide all the information that is held on their admissions register to the local authority. They are also required to notify the local authority when a pupil’s name is deleted from the admissions register and of details including information that they hold about the pupil’s current address and destination school. Therefore, local authorities already have access to the pupil-level data about those at independent schools that they need to maintain a children not in school register. Data from non-maintained special schools and from independent schools, where collected, is also already included, and made available from the national pupil database.
Lord Lucas (Con)
My Lords, I am very grateful to my noble friend for her answers to my amendment. By and large, she has answered extremely well, and I thank her for that.
I would like to press her a bit further on the business of identifying people who identify themselves as elective home education. There is a real importance in making that distinction, because elective home educators are taking responsibility for educating their children and the local authority has only a supervisory duty. If a child is not in education and is not being electively home educated, the local authority needs to take a very different kind of action. It is therefore very important that, in this register, we should differentiate between the two so that we can focus on what local authorities need to be doing. I am delighted to see my noble friend shaking her head on that.
I have been a user of the national pupil database for a very long time and, in the annual school census, I have never found information on independent schools. The pupils appear for the first time in the data when they take GCSEs—if they take GCSEs. I am puzzled by my noble friend’s response that the data is there. I will write to her, if I may, to see if we can solve that problem.
I am grateful for what my noble friend has said about Section 19. At the moment, some children under Section 19 get five hours of education a week. My understanding is that those children would have to be on the register because that would not qualify as full-time. If I am wrong about that, I would be grateful if my noble friend could let me know, because I am comforted that, where a child is not being provided with full-time education, it must get noticed, and that there are no circumstances under which five hours of education counts as full-time for the purposes of the conversation that we have just had.
I am attracted by the idea from the noble Baroness, Lady Brinton, of a unique children’s number—a crossover between the medical and teaching professions—and getting some integration there. It really helps to know where and how children are, particularly when it comes to supporting children well. Knowing that the information is available to professionals when appropriate and required in an integrated way seems sensible. But then I am very much a data person so perhaps I am pushing further there than the noble Lord, Lord Knight, would do.
Baroness Barran (Con)
In the interests of time, I will be brief. My noble friend may be aware that the recent Health and Social Care Act commits the department to report to Parliament in the summer of 2023 on the feasibility of using a consistent child identifier. I will of course include more information on that in my letter to your Lordships.
Lord Lucas (Con)
My Lords, I am grateful for that. Perhaps we will get to the stage when there is a single identifier for a school. At least three different numbers are used by the Department for Education, as far as I know. It would be nice to have consistency. There is a fourth number, too—universities—so it all gets extremely confusing when one is trying to understand which school the data is talking about. I am all in favour of identifiable numbers. I am grateful to the noble Lord, Lord Soley, for saying that he sees this proposal as a supportive measure. That is good and is, I hope, absolutely the basis on which we are all going forward on this.
When we come to later groups, my focus will be on: how do we make this a Bill whereby it is advantageous to be a supportive local authority and harder to be one that is not supportive? At the moment, I have big worries about the Bill making things easy for an abusive local authority, without giving any incentives to supportive local authorities. There are some wonderfully supportive local authorities. I come back to what the noble Lord, Lord Storey, said. There are local authorities that are just hymned by the home educators in their patch, who say what a wonderful experience they have had and how supported they feel, how good the relationship is and how good the authority is at picking up cases where home education is not working because everyone feels like telling the local authority about it and because they know that the parent will be treated well and the child will be looked after.
I therefore approach the rest of the discussion on this part of the Bill with optimism—but possibly after supper. I beg leave to withdraw the amendment.
Schools Bill [HL]
Baroness Barran ExcerptsMonday 20th June 2022
(3 years, 9 months ago)
Lords ChamberRead Full debate Schools Bill [HL] 2022-23 View all Schools Bill [HL] 2022-23 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 1-V Fifth marshalled list for Committee - (20 Jun 2022)
The Parliamentary Under-Secretary of State, Department for Education (Baroness Barran) (Con)
My Lords, if I may, before turning to the amendments in this group, I shall respond to the request of the noble Baroness, Lady Brinton, that I should clarify my remarks regarding criminalisation. I am happy to do so.
The context in the previous group where this was mentioned related to parents who failed, if I remember correctly, because they were on holiday or away, to provide information in time for their home-educated child to be registered with the local authority. To be clear, there is no criminal sanction for not providing information for registers by parents. The offence mentioned by the noble Baroness is an existing offence: the breaching of a school attendance order. Nothing is being made an offence in this case that is not already an offence. I hope that that clarifies that point.
I turn to this group of amendments, which broadly concern requirements to collect information for the children not in school registers and how this information will be shared.
Baroness Chapman of Darlington (Lab)
My Lords, it is fair enough if the Minister is saying that we have misunderstood. That happens. However, the legislation states clearly that a parent who is registered by a local authority under proposed new Section 436B “must”. That sounds to me as if the parent is compelled to do that and, if they do not do so, there will be a penalty. I do not understand what the Minister means when she says that it is not an offence.
Baroness Barran (Con)
The example to which I was alluding in my remarks on the previous group was the one whereby parents would be asked to provide information but missed the deadline because they were on holiday and would be criminalised. That is not accurate. Parents who are asked to provide information, who miss the deadline and then provide the information, will not be criminalised.
The general point that I was trying to make in the earlier group was that I felt that language was being used in the Committee about the way in which the Government were approaching the Bill that would be taken at face value by home-educating parents, many of whom, we all agree, are already anxious about this matter. That would not help. Any challenge is absolutely right and proper; I was just requesting that we should do this in a way in which home-educating parents are not alarmed inappropriately.
Baroness Chapman of Darlington (Lab)
Nobody wants to alarm anyone unnecessarily, which is why we are trying to get the Bill right, but it states clearly that a person “must” comply with the duty within a period of not less than 15 days. To me, that reads like something that we are compelling people to do and that if they do not, there will be a consequence. I do not want to drag this out further but it is important that we interpret this as something that is being made into an offence. I can see why people are concerned.
Baroness Barran (Con)
I understand. However, that would be a civil matter but we will confirm it in writing.
If I may proceed, I thank my noble friend Lord Lucas, the noble Baronesses, Lady Whitaker, Lady Brinton and Lady Garden, and the noble Lords, Lord Storey and Lord Knight of Weymouth, for Amendments 97D, 97E, 102 and 103, which all seek for additional information to be included on the registers. The Bill allows for regulations to be made prescribing details of the means by which a child is being educated and other information that must be included in registers.
The Government have already signalled their intention for certain information to be required for inclusion on the registers via regulations, such as ethnicity, sex and other demographic information. This is in addition to whether a child is electively home educated or receiving their education in other settings. The delegated powers in the Bill would also allow for prescription of further data at a later date, which could include, for example, unique identifying numbers if that were desired.
I turn to Amendments 104 to 109, tabled in the names of the noble Baroness, Lady Jones, my noble friend Lord Lucas, the noble Baroness, Lady Garden of Frognal, and the right reverend Prelate the Bishop of St Albans. Under the new measures, local authorities will be able to require parents to provide them only with the information prescribed in legislation. They may, however, record any other information in their registers that they consider appropriate and have collected through other channels.
To be clear, local authorities will be able to require parents to provide them only with the information that is prescribed in legislation; in this case it will be secondary legislation. I hear the concerns raised by noble Lords, particularly in relation to proposed new Section 436C(1)(d). I will take that away and reflect on your Lordships’ comments.
Amendments that limit this ability could cause local authorities to act with unnecessary caution in relation to the collection and inputting of information. There may be cases where data, such as special category data, is collected that may not be initially deemed directly relevant to safeguarding a child or in their best interests but could in future be critical to protecting that child from harm.
On Amendments 113 and 114 from the noble Baroness, Lady Garden, I will try to reassure her that any provision made in regulations will be lawful only if it has been “reasonably” made. I also thank her for her Amendment 98. Under education law, each parent of every child of compulsory school age is legally responsible for ensuring that their child receives an efficient full-time education. It is therefore appropriate that the name and address of each parent be recorded in the registers.
I thank my noble friend Lord Lucas for Amendments 98A, 101A, 104A, 110A and 126B, and the right reverend Prelate the Bishop of St Albans for Amendments 111, 112 and 127, which raise the important issue of data protection. Regarding data retention, the Bill already allows for regulations to make provision about the format and keeping of registers, as well as about access to and publication of the register. It is the Government’s intention to use this power to stipulate how local authorities must keep the information on their registers up to date and whether and how information is to be published. The requirement in the Bill for local authorities to provide prescribed information to the Secretary of State will help inform policy development; for example, in relation to the types and level of support needed by families and whether particular groups need more support than others.
It is also important that the Secretary of State is able to, if needed, collect individual level data. This can be linked to other datasets for research purposes; for example, to understand who benefits from home education. It is also vital in improving our understanding of children going “missing” from data systems. We would be unable to gather a full picture of this from aggregated data. The Government do not intend to use the power on setting out how the registers are published to instruct local authorities to publish personal information about children or families, but again, I will reflect on the comments made by your Lordships in relation to that.
Registers will also include important information on children that may aid other professionals’ work for the purposes of promoting or safeguarding the education or welfare of the child. It is therefore necessary to enable relevant information to be shared with certain other persons external to a local authority without delay, especially where children are at risk of immediate harm.
Existing UK GDPR obligations will apply, however, and should ensure that all the information held in the registers is protected like any other personal data. It also requires that personal data not be kept for longer than is necessary and is proportionate to achieve the purpose of keeping it. Data protection will be a strong focus in the new statutory guidance, and we will continue to engage with stakeholders on that prior to publication.
I thank the noble Baroness, Lady Jones, and the right reverend Prelate the Bishop of St Albans for Amendments 100 and 101. Regulations are likely only to require details of where a child is being educated and the proportion of time there. This will help local authorities to ensure that children are receiving a suitable education and identify those who are missing education or attending illegal schools.
I turn to Amendments 109A and 110. These amendments relate to the ability to make regulations relating to provisions for the maintenance and publication of children not in school registers. The power to make regulations about whether and how the contents of registers are to be made available or published is important to ensure consistency across local authorities; consistency, or rather the current lack of it, has been mentioned by many of your Lordships today.
However, it may also be appropriate for some of this to be for local authorities to determine, based on local circumstances and requirements. For example, while we would expect to make regulations concerning how the register is to be kept updated, we may not initially wish to prescribe the registration forms that local authorities must use. Similarly, we may not ultimately wish to prescribe whether an authority needs to publish specific information from its register.
I turn to Amendment 133 in the names of the noble Baronesses, Lady Chapman and Lady Wilcox. The regulations prescribing the information to be provided to the Secretary of State have a narrow scope, as only information included within a local authority register can be shared. Information will be used to inform policy development to support safeguarding and children not in school. The Government believe that the negative resolution is appropriate for these regulations.
Regarding Amendment 171S, tabled by the noble Baroness, Lady Jones, existing UK GDPR obligations will apply and require that all the information held in the registers is protected, like any other personal data. In addition, work is already under way in my department to develop a certification process, independently endorsed by the Information Commissioner’s Office, that will cover the education sector to regulate the sharing of children’s data across the whole sector in a better way.
I hope I have managed to cover this large group of amendments on this important topic. I will take away a number of your Lordships’ remarks and reflect on them. With that, I hope the noble Baroness, Lady Whitaker, feels able to withdraw her amendment and that other noble Lords will not press theirs.
Lord Storey (LD)
Before the Minister finishes, I say that the local authorities have been heavily involved in this data information issue. What sort of consultations were held with the Local Government Association and what information do local authorities actually need about a child?
Baroness Barran (Con)
If I may, I will include the answer to that question in a letter to the noble Lord.
Baroness Whitaker (Lab)
In her very careful responses, the noble Baroness the Minister clearly recognises that there are very wide differences between the children who are not in school. Some are well educated and nobody wants to curtail that—adjustments may be made, but this is not thought to be a large percentage. An unknown number, but it is estimated to be a very large number, of children are not well educated; I suggest that the register needs to be primarily directed at these children. There are all sorts of reasons why they are not well educated. I will not go into them at this hour of the night but, for example, the schools are illegal or extreme, or the parents are at work or cannot educate the children; there are all sorts of reasons.
The Minister’s responses to our questions aimed at making the register more precise—more exactly tailored to what we all need from it while not curtailing the freedom of parents to educate their children at home well—seem mainly to relegate the details to regulations. For the reasons already given in earlier debates, there are problems with this; we have difficulty with it. However, for the time being, I beg leave to withdraw the amendment.
Apprenticeship Levy Scheme
Baroness Barran Excerpts(3 years, 9 months ago)
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Lord Haskel
To ask Her Majesty’s Government what assessment they have made of the survey by the British Retail Consortium, published on 17 May, which concluded that the apprenticeship levy scheme was “not fit for purpose”; and what steps they intend to take to modify that scheme.
The Parliamentary Under-Secretary of State, Department for Education (Baroness Barran) (Con)
My Lords, the apprenticeship levy has enabled government to increase apprenticeship funding to £2.7 billion by 2024-25. We are continuing to improve apprenticeships to meet the needs of employers and drive up their quality even further. This includes developing more flexible training models that provide improved pathways for young people to access apprenticeships, while simplifying the transfer of levy funds, which will enable employers to make greater use of their funds and support smaller businesses.
Lord Haskel (Lab)
I thank the Minister for that reply. Some of the Government’s so-called improvements were actually announced a year ago, but this report was issued last month, so they are not working. The BRC is not alone: the food industry and manufacturers are all equally critical of the levy in its present form—in fact, it faces opposition from 80% of employers. We all want to create a higher-skilled and more productive workforce, yet entry-level apprenticeships are declining, letting down the very young people who would benefit most, while more levy money is being spent on management and other courses for existing employees. When will the Government put this right and introduce the sensible changes proposed in this and other reports?
Baroness Barran (Con)
I do not accept the noble Lord’s assertion that the changes that the Government have introduced are not working. Clearly, the context of the last 12 months, with the pandemic, has had a major impact on the confidence and ability of employers to recruit more generally. But, in the year to date, apprenticeship starts are up 17.4% and the number of starts among young people under 25 has risen to 55%, up from 50% the previous year.
Baroness Bonham-Carter of Yarnbury (LD)
The creative industries have also found the apprenticeship levy scheme to be not fit and have asked for modifications; I thank the Minister for listening to these concerns. Around £55 million of apprenticeship levy funds raised within the creative industries cannot presently be spent to support the training of their own workforce, so we welcome the flexi-job apprenticeship agency pilot project, launched yesterday, which is looking to address these issues. Will she look into how this can be sustainable and affordable for the sector after the initial investment runs out—in other words, beyond the pilot?
Baroness Barran (Con)
I thank the noble Baroness very much for acknowledging that we absolutely have listened to the sector with the flexi-job apprenticeships. She will be aware that there is enormous flexibility for larger employers to spend up to 25% of their levy funds, potentially, with their supply chain, as might well apply in a case like this.
Lord McLoughlin (Con)
I congratulate the Government on what they are doing in focusing attention on apprenticeships. Does my noble friend agree with me that one of the things that is very necessary is for young people to see how successful apprenticeships can be? This can be done by promoting them through schools and her department; I know that the Secretary of State is keen on this. How many civil servants in her department have come from an apprenticeship scheme to get to their present status there?
Baroness Barran (Con)
I absolutely agree with my noble friend. We are doing a lot of work to make sure that we can connect young people in schools and colleges with employers and providers much earlier in their final academic year—rather like how they connect with universities—to give them confidence about where they are going. On my noble friend’s specific question, I say that the department has achieved an average of 2.6% of our employees over the four years of the target. We are increasing our apprenticeship starts, and I am delighted to say that one of my excellent private secretaries started in the department as an apprentice.
Lord Aberdare (CB)
My Lords, as an officer of the Apprenticeships APPG, I hear two constant concerns from employers about the levy: its lack of flexibility and the difficulties for small employers wishing to offer apprenticeships. I too welcome the concept of flexi-job apprenticeship agencies to smooth the path for SMEs, but there are only 16 of these so far. What are the Government’s actual goals for SME apprenticeships, and how do they plan to achieve them, given that current incentives and support schemes are clearly not working well enough?
Baroness Barran (Con)
The noble Lord is a bit harsh; we are very focused on SMEs, in part because of the productivity potential that apprentices can offer them, but also because of the opportunities that they offer to young people. I am not aware that we have published targets for this, but it is a particular focus in the department.
Baroness Blake of Leeds (Lab)
My Lords, in February this year, IPPR North reported a 72% fall in entry-level apprenticeships since 2014. The London Progression Collaboration has revealed a major decline in entry-level apprenticeships in the capital, while starts in high-level apprenticeships, often taken by older people, have skyrocketed. SMEs report that apprenticeship starts fell by more than 36% following the introduction of the levy in 2017. I acknowledge the successes of the apprenticeship levy but, given the priority to help young people through skills training, including apprenticeships, and the levelling-up agenda, and given the obvious problems, can the Minister explain why the Government have ruled out a formal review of the levy as part of their wider considerations?
Baroness Barran (Con)
I think the noble Baroness would acknowledge that some of the changes that we have introduced, including the levy, to create a sustainable model of funding for apprenticeships, reflect some of the problems of quality identified in the Richard review in 2012. I hope that she would also acknowledge that we have seen an important growth in degree apprenticeships. She is absolutely right that we have seen a drop in intermediate apprenticeships, but that is a principal area of focus for the department going forward.
The Earl of Clancarty (CB)
My Lords, following on from the question of the noble Baroness, Lady Bonham-Carter, are the Government continuing to consult the creative sector to assess how well the new flexi-job scheme fits the bill and, importantly, provides the necessary number of apprenticeships, including in the theatre industry, where such a scheme particularly needs to be targeted?
Baroness Barran (Con)
I absolutely reassure the noble Earl that the department is actively engaging with all key sectors, including the creative sector. On the specifics, obviously the apprenticeship model is push and pull. The department is delivering what employers are asking for, but we need employers to respond to that across every sector.
Baroness Garden of Frognal (LD)
My Lords, what efforts is the department making to get schools to know about apprenticeships and go into them? Currently, schools are measured largely on GCSEs, A-levels and university entrants. When will they be able to celebrate their apprenticeship leavers with the same enthusiasm as they celebrate their university entrants?
Baroness Barran (Con)
As the noble Baroness will be aware from our debate last night, it is not the Government’s plan to micromanage schools in terms of how they celebrate. We are promoting apprenticeships in schools and colleges through our ASK programme—the Apprenticeship Support and Knowledge programme— the Get the Jump programme and the Skills for Life programme. She may have seen some of the materials from Get the Jump recently, which were very engaging.
Lord Liddle (Lab)
My Lords, I respect the Minister’s good intentions, but how does she account for the catastrophic fall in the number of entry-level apprenticeships at intermediate level in the past five or so years? It is no good pointing to figures that show that we have done a bit better than we did in the disastrous Covid year. Let us have a look at the long- term position. She says that the department regards this as important, but what conclusions is it drawing and what is it going to do about it?
Baroness Barran (Con)
Our conclusion is that we listen to employers and respond to what they ask for. I shall give the noble Lord one example. Employers have told us that they need young people to be more work-ready. Therefore, we are funding up to 72,000 traineeship places over the next three years.
Schools Bill [HL]
Baroness Barran ExcerptsWednesday 15th June 2022
(3 years, 9 months ago)
Lords ChamberRead Full debate Schools Bill [HL] 2022-23 View all Schools Bill [HL] 2022-23 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 1-III(b) Amendments for Committee (Supplementary to the Third Marshalled List) - (15 Jun 2022)
The Parliamentary Under-Secretary of State, Department for Education (Baroness Barran) (Con)
My Lords, with the leave of the House, I will say a few words following days one and two in Committee on the issues your Lordships raised about the Bill. Your Lordships heard me say that we are listening and that, after hearing concerns during the earlier days in Committee, I am acutely aware of the strength of feeling in the House. Your Lordships are aware that there is a process which is followed after Committee. Noble Lords can be reassured that, when we return to the Bill on Report, I will be able to clarify and confirm the Government’s position, having heard the views of the House in Committee. Any such statement will reflect the Government’s position, will be subject to usual processes of agreeing policy and will be shared ahead of Report.
Baroness Chapman of Darlington (Lab)
I will press the Minister. Should those amendments that she comes back with on Report, which is how I interpret what she has just said, be as substantial as we would hope and expect given our concerns, which I appreciate she says she had heard, would she perhaps consider reconvening the Committee for us to examine those new amendments? We expect that they will substantially alter the way the Bill is currently drafted.
Lord Knight of Weymouth (Lab)
Is the Minister intending to conduct some kind of regulatory review and consultation prior to Report?
Baroness Barran (Con)
I am sure all your Lordships understand that the timing and content of what we discuss at Report is a matter that will be agreed with the Chief Whip and through the usual channels. I really cannot say any more on that today.
Lord Baker of Dorking (Con)
Does the Minister still intend to have Report in July this year?
Baroness Barran (Con)
I repeat to my noble friend that this is not a decision that I can make; it is a decision for the Chief Whip and the usual channels.
Lord Grocott (Lab)
My Lords, the specific question my noble friend Lady Chapman asked was about a quite common procedure in this House: if very substantial changes are proposed between Committee and Report, involving large numbers of new clauses et cetera, it is common that a Committee stage should be resumed to consider those precise additions so that the conversation can take place under Committee rules rather than Report rules. I know that the Minister cannot decide on the procedures of the House, but she is—I hope my saying so does not ruin her career—a very accommodating Minister, as far as she is able to be, who does listen to the House. Having listened to most of the Committee so far myself, it is quite clear that many issues need to be discussed if and when there is some clarification about the content of the Bill. That needs to be discussed in Committee.
Baroness Barran (Con)
I am unable to give any more clarification on that point at this stage. I am sorry that I cannot say anymore to your Lordships.
Baroness Blower (Lab)
I realise that the Minister is not able to say anything further about the timing with regard to Committee and Report, but could she say anything further in response to my noble friend Lord Knight about regulatory review, leaving aside the question of Report?
Baroness Barran (Con)
I have already said at the Dispatch Box that the regulatory review will begin within weeks. I am unable to say anything further about the other stages of the Bill.
Lord Blunkett (Lab)
My Lords, may I just try this then with the Minister, who is doing her best in very difficult circumstances? Would she be prepared to talk with the Secretary of State, who is one of the most able members of the Cabinet—that might not mean a lot to others, but I think in this particular case it does—on whether it would be beneficial, not just to the passage of this legislation but to the whole education system, if he were able to see his way to taking time to reach a substantial consensus on the majority of this Bill, which I think we can do, if time were allowed to do so?
Baroness Barran (Con)
I am more than happy to commit to taking back the views of the House to the Secretary of State.
Clause 29: Local authorities: power to apply for an Academy order
Amendment 59
Baroness Wilcox of Newport (Lab)
For the second successive year, I am here in the Chamber debating an education Bill. At least when I taught, I could leave at 4 pm.
For the avoidance of doubt, this group is about consultation. I am grateful to my noble friend Lady Blower for proposing such a sensible way forward and reminding us of the value of governing bodies. We are supportive of the thrust of these amendments, which would give a greater voice to parents and staff and consideration to the local context and challenges. A struggling local authority may want to offload a school that is not equipped to academise yet—or indeed at all—so we cautiously note the government amendment in the name of the noble Baroness, Lady Barran, which requires consultation with appropriate persons before this can happen.
However, we have a genuine question about why this consultation can be carried out after a local authority’s application, as noted by my noble friends Lord Hunt and Lady Blower. It cannot possibly be meaningful, and it looks as if it is a done deal. It is another example of the cart before the horse. Many times in this Committee we have mentioned the word “consultation”, so we need to put it in the correct context and the appropriate order.
I will speak specifically to our Amendment 63, and I thank my noble friend Lord Grocott for his support. It aims to be proportionate. If the Secretary of State intends to accept an application for academisation and the school’s governing body opposes it, the Secretary of State must lay before Parliament a Statement explaining how academisation will benefit children’s education—it is as clear, simple and straightforward as that. Over the coming days, this whole debate will be about the benefit to children’s education.
These amendments speak to the Bill’s general approach of imposing academisation in a top-down fashion on schools, children and parents. If a governing body is opposed, the Secretary of State must give robust consideration to, and justify the case for, approval. After all, they are the arbiters of the community, and parents, teachers, governors and children will have a much clearer insight of the situated context of the school and the wider community issues than—with the greatest respect—a Whitehall official. Many great plays have been written about the disruption caused when a stranger enters a community and the chaos that subsequently unfolds.
Baroness Barran (Con)
My Lords, the amendments in this group are concerned mainly with rights of consultation and consent when a local authority intends to apply for an academy order on behalf of a maintained school.
The picture drawn by your Lordships of some kind of Machiavellian plan to impose multi-academy trusts on schools is not a fair representation of how the Government propose that the system should work in the future. I will come on to specific examples, but, in response to the remarks of the noble Baroness, Lady Bennett, and the noble Lord, Lord Grocott, on academies coming in and being imposed, I say that they are imposed because those schools have failed children—both noble Lords know that that is the case. When schools are judged to be inadequate, as was the case with the school that the noble Baroness referred to, academies come in to turn them around because they are failing children. I will leave it there, but I think that it is fair to set the record straight on that point.
Amendment 60, in the names of the noble Baroness, Lady Blower, and the noble Lord, Lord Hunt, would require a local authority to obtain the consent or support of the governing body of a school where it is proposed that the school join a strong trust. I will also refer here to Amendment 63, in the names of the noble Baronesses, Lady Chapman and Lady Wilcox. As the noble Baroness described, it would require the Secretary of State to lay a Statement before Parliament if they approved an application for an academy order against a governing body’s wishes. There is a requirement in the Bill for local authorities to consult a school’s governing body before applying for an academy order. We expect that local authorities and schools will have open discussions about the principle of joining a trust and which trusts schools might join.
Although we hope that any applications for academy orders would have the support of the local governing body, there may be genuine circumstances where agreement cannot be reached with individual schools. Whether the local authority includes such schools within its plans will depend on whether it is prepared to continue to maintain those individual schools.
The decision on whether to approve an order will rest with the relevant regional director. When considering local authorities’ applications, regional directors will of course take all relevant considerations into account. These will include the views of governing bodies, local authorities and other stakeholders—and, of course, the likely impact on children’s education. The regional director’s decision would be made public. Against this background, I do not believe that the additional requirements proposed in these amendments are necessary.
Lord Deben (Con)
I am rather attracted by the concept that the Government should be very clear about the reasons why this kind of change takes place and how it would benefit the children’s education. I do not understand why that is not absolutely necessary. I quite see that you do not have to have the agreement of everyone—if you did, you would never get anything done—but, when you have made a decision and there are differences of opinion, it seems that there is a lot to be said for explaining precisely why you have done so.
My worry about the Bill is that there seems to be an overemphasis on neatness—neatness is the enemy of civilisation. I am a believer in difference, and one reason that I like academies is that different academy trusts are different; that is a change from when this was under local authorities, when I am afraid there was a very considerable sameness. I like this, but, when there is a real row, it is incumbent upon the Government to explain why they have made a decision.
Baroness Barran (Con)
The Government are clear—we are talking about cases where a local authority wants a school to convert to an academy. I referred to the Government’s current criteria earlier in Committee. The criteria that the regional directors use when deciding which trust a school should join are set out clearly. I believe that I put the link in my last letter to your Lordships, so I encourage my noble friend to take a look—they are very fair and clear.
I am not sure that my noble friend was in the Chamber when we talked about the fact that this legislation is part of wider work that the Government are doing in relation to commissioning and regulation, where there will be extensive engagement over the summer. I reassure my noble friend that that will focus predominantly on how we can achieve better outcomes for children. He used the word “neatness” in perhaps a pejorative way; one could absolutely justify why we need clarity in a system the size of the school system in this country.
In responding to Amendments 61 and 62, in the names of the noble Baroness, Lady Blower, and the noble Lord, Lord Hunt, I will explain how the corrective Amendment 68, in my name, will introduce a new consultation requirement. The Government expect local authorities to engage widely with interested parties when considering supporting schools to join strong trusts. Amendment 68 explicitly requires local authorities applying for an academy order to
“consult such persons as they think appropriate about whether the conversion should take place.”
The noble Baroness gave an extensive list of the types of organisations and individuals who should be consulted, and she suggested, fairly, that in these cases there should always be a clear explanation of why the conversion should take place.
This amendment applies to local authorities the same consultation requirements as exist when governing bodies apply for maintained schools to be converted into academies. Local authorities should act reasonably in deciding who to consult, and it is therefore inevitable that parents and staff would be aware and able to express their views. As I said in response to my noble friend, the decision on whether schools should convert rests ultimately with regional directors, who will need to be satisfied that local authorities have consulted sufficiently and that their plans benefit children’s education. However, it is not necessary or appropriate to require local authorities to demonstrate that they have considered alternatives. The decision before the regional director is whether to approve the local authority’s plans for its schools to become academies. I hope but am not entirely confident that the noble Baroness, Lady Blower, and the noble Lord, Lord Hunt, will be reassured by the addition of this requirement.
Baroness Barran (Con)
The noble Lord’s point is a little broader than what we are talking about at the moment. With the free school applications that have come across my desk I have certainly tried to be very aware of, and sensitive to, the challenges they can pose. The noble Lord is also very well aware that, historically, there were areas where new free schools have been really important in raising standards. There is not a single answer.
Lord Hunt of Kings Heath (Lab)
My Lords, I will take the opportunity of the Minister’s slight pause to ask her a question about my reading of her Amendment 68, which says:
“Before a maintained school in England is converted into an Academy following an application under section 3A (application for Academy order by local authority)”.
By the time the local authorities have made an application, that is, in effect, the decision. The point my noble friend and I were trying to make is that, surely, there should be mandatory consultation before the local authority makes the application.
Baroness Barran (Con)
I am glad that I have been promoted to be the noble Lord’s “noble friend”; things are looking up. I am very happy to take this offline with the noble Lord. It is just not case that the decision is made at that point, but I would be happy to meet with him and we can go through this in more detail, if that would be helpful.
Amendment 75 is concerned with existing stand-alone academies joining multi-academy trusts, which we discussed at length in the earlier group. The process by which an academy joins another trust is not set out in legislation; it is a matter for agreement between the two trusts and is subject to the approval of the regional director. I hope that noble Lords can forgive me for repeating myself. When considering any application for a stand-alone academy to join a MAT, the regional director will consider what stakeholder engagement has taken place, and the views expressed by stakeholders.
I do not believe that it is necessary or appropriate to provide for very specific consultation requirements in legislation. Stakeholder engagement is already embedded in the decision-making process. However, I agree that the process by which academies join trusts should be transparent—here, I am a little more optimistic about reassuring the noble Baroness, the noble Lord and other noble Lords opposite. As part of the regulatory review, which I have mentioned previously, we will consider the scope to clarify the arrangements for engaging with stakeholders when a stand-alone academy joins a multi-academy trust.
In the light of Amendment 68 in my name, and given these assurances, I ask the noble Baroness, Lady Blower, to withdraw her Amendment 60, and that other noble Lords do not move their amendments. I apologise to the noble Baroness, Lady Wilcox of Newport, that I did not echo the birthday wishes, but I wish her a very happy birthday.
Baroness Blower (Lab)
Before I begin my remarks, I wish many happy returns to my noble friend on the Front Bench.
Never in my wildest dreams would I think of the Minister as Machiavellian—absolutely not. However, the lived experience of many people is that discussions over issues to do with academisation, moving into MATs or other such things have not always been open and the system has not always been transparent. I am personally aware of representatives of particular unions who, after being called in to see head teachers, have been briefed and then been told that the matter is absolutely confidential, and that they must say nothing to any member outside that room. I am not saying that this is the position the Minister would take, but it is the lived experience of a lot of people who genuinely believe that there should be proper and open consultation. We can say that those head teachers were doing it completely wrongly, but the fact is that it would have impacted those union members, and there is the impact of someone in the school now knowing something which the parents and students do not know.
There is clearly something here about the need constantly to reinforce the fact that consultation should be open, appropriate and transparent. This is probably why, although the Minister said these things in very reassuring tones, I cannot see why we would not specify the need to consult with particular groups of people, including parents, staff and so on. This remains an issue. I am delighted that the Minister thinks that it is inevitable, but my experience is that consultation has not always been inevitable. However, I would like to believe that it was.
I will comment on the intervention by the noble Lord, Lord Deben, about neatness, which I thought was very entertaining. To him, I would add: I do not think that all local authority schools are like cookie cutters and exactly the same; they pride themselves on the fact that they have a particular ethos. That comes from the student intake, the particular group of staff they have, the governors and the head’s style of leadership, so I do not think that they are all the same.
I am sure that those who have visited very many maintained schools will agree with me that they are quite different, whether they have a uniform or not—all sorts of things do make them different. But I was entertained by the noble Lord’s remarks about neatness. Again repeating that nothing in my remarks suggests anything Machiavellian, although I am not completely reassured by everything, at this stage I beg leave to withdraw the amendment.
Baroness Barran
“(a) in subsection (1), after “Academy” insert “following an application under section 3 (application for Academy order by governing body)”;(b) after subsection (1) insert—“(1A) Before a maintained school in England is converted into an Academy following an application under section 3A (application for Academy order by local authority), the local authority must consult such persons as they think appropriate about whether the conversion should take place.”;(c) for subsection (2) substitute—“(2) But this section ceases to apply where, following an application under section 3 or 3A in respect of a school, an Academy order is made in respect of the school under—(a) section 4(A1) (duty to make Academy order in respect of school requiring significant improvement or special measures), or(b) section 4(1)(b) (power to make Academy order in respect of school otherwise eligible for intervention).””Member's explanatory statement
This amendment would require the local authority to carry out a consultation in relation to an application under new section 3A for conversion of a maintained school into an Academy. As with consultations by governing bodies who apply for Academy conversion, the consultation may be carried out before or after the application, or any Academy order, is made.
Baroness Barran
“Secure 16 to 19 Academies(1) The Academies Act 2010 is amended as follows.(2) In section 2 (payments under Academy agreements), after subsection (2) insert— “(2A) Subsection (2) applies to an Academy agreement in respect of a secure 16 to 19 Academy as though the references to 7 years were references to 2 years.”(3) In section 9 (impact: new and expanded educational institutions), in subsection (1), after paragraph (b) (and on a new line) insert—“except where the institution, if the arrangements are entered into, is to be a secure 16 to 19 Academy.”(4) In section 10 (consultation: new and expanded educational institutions)—after subsection (2) insert—“(2A) But where the educational institution, if the arrangements are entered into, is to be a secure 16 to 19 Academy—(a) the person is not required to carry out a consultation on that question, and (b) they must instead carry out a consultation on the question of how they should cooperate with potential local partners in connection with the establishment and carrying on of the Academy.(2B) “Potential local partners” in subsection (2A)(b) means—(a) public authorities (within the meaning of section 6 of the Human Rights Act 1998), and(b) so far as not falling within paragraph (a), proprietors of educational institutions,with whom the person carrying out the consultation thinks it appropriate to cooperate.”;(b) in subsection (3), for “The consultation” substitute “A consultation under this section”.”Member's explanatory statement
This amendment makes special provision for secure 16 to 19 Academies as to the period for which funding must continue, the requirement to consider the impact of new or expanded educational institutions on other local institutions, and the consultation requirements applicable to new or expanded educational institutions.
Lord Davies of Brixton (Lab)
My Lords, I very strongly support the remarks made by the noble Lord, Lord Shipley, but I will return to that issue in the next group. I was not going to participate in this debate, but I have been forced to because of the references made to rural and metropolitan areas. I say to my noble friend on the Front Bench as gently as I possibly can that comparisons between allocations to different regions are always difficult and complicated.
The noble Lord, Lord Deben, said that we metropolitan elites do not have much knowledge of what happens in the countryside. Equally, people from the rest of the country have surprisingly little knowledge of what happens in metropolitan areas. The levels of deprivation in London—a vast area in terms of population—are enormous. In terms of picking out individual figures, I have the brief from London Councils, which provides figures demonstrating to its satisfaction that London has been hard done by over the last few years, with bigger reductions in the allocation to schools than the rest of the country. I do not believe bandying figures in that way is that helpful. What we want is sufficient funding across the country as a whole, and I think that setting one part of the country against another should be done with great discretion.
Baroness Barran (Con)
My Lords, I genuinely welcome the chance to talk to your Lordships about reforms to the national funding formula. We will come on to this in more detail on Clause 33 in the next group. I want to start my response by noting that this part of the Bill delivers a long-standing commitment to achieve fair funding for schools and, I should say, a commitment where there have been multiple consultations over the years with the sector.
I will start by responding to Amendment 79 in the name of the noble Lord, Lord Hunt, and Amendments 79ZA and 79C in the names of the noble Baronesses, Lady Chapman and Lady Wilcox, on the financial arrangements of multi-academy trusts. One of the ways that the best multi-academy trusts transform outcomes for pupils is by focusing their expenditure and investment towards the right areas, whether this is investing in new IT across the trust or securing additional staff to work across all the trust’s schools.
Trusts can target funding to turn around underperforming schools they have brought into their trust or, indeed, as we discussed with the noble Lord, Lord Shipley, on a previous day, target funding to very small, rural schools which would otherwise not be viable. The academy model relies on trusts’ ability to harness and share expertise and resources. However, Amendments 79 and 79ZA would stifle trusts’ ability to do this, undermining one of the fundamental benefits of the model.
Moreover, academy trusts are already required to publish a full set of financial accounts annually, which are publicly available. The department publishes a full report and consolidated accounts for the academy sector each year. We believe this meets the intention of Amendment 79C. The report includes data on financial health across the academy sector, and the educational performance of the academy sector at a regional level, to which the noble Baroness alluded.
My noble friend Lord Deben suggested that we needed to do more with data. Again, I challenge my noble friend just to look at how much data on schools we share publicly. The website Get Information about Schools gives very detailed information on school and trust performance. You can look by constituency area, local authority area or trust area. It gives information on finance—including the voluntary income that was referenced in the debate—workforce, and educational outcomes. That allows one to compare academies and maintained schools. We also publish school-level funding formula allocations for every school every year and the Department for Education runs a website specifically to enable anyone to see school-level national funding formula allocations and understand what funding they would receive if the national funding formula was followed locally. That may be something to look at for the Devon schools; I have not looked but I will do. The webtool is called view NFF allocations—I will write to noble Lords with the link—and it is published on GOV.UK.
We continue, of course, to look at how we can improve transparency, and in the schools White Paper we committed to consult on future financial reporting arrangements. The noble Baroness, Lady Chapman, asked —again, I hope she will forgive me if I paraphrase inaccurately—why we were not including local authorities in the process. She will know that we worked hard with local authorities ahead of publishing the schools White Paper to get a much clearer role for them. We are clear that the Government’s responsibility is to make sure that local authorities are empowered to be the champion of the child. They will be at the heart of the system, championing all children in their area but particularly the most vulnerable children, so they will play a leading role, of course, in safeguarding, pupil place planning and admissions. They will continue to be responsible for the high-needs budget and will lead local delivery of provision for children with special educational needs and disabilities, and they will be supported by the new partnerships.
The noble Lord, Lord Hunt, alluded—again, I think I am right in saying—to related party transactions in trusts. The Government are extremely vigilant to make sure that related party transactions, whether they are in maintained schools or in trusts, are handled with the highest levels of governance. But I point out to the noble Lord that the £120 million is on a budget in 2019-20 of over £31 billion so, if my maths is right, it is 0.3%.
I turn to Amendments 85 and 86 in the name of the noble Lord, Lord Storey. As I have already said, transparency is critical and is at the heart of our reforms. In relation to Amendment 85, we will continue to publish information annually on the national funding formula, including how it is calculated, what factors it uses, school-level allocations, and an equality impact assessment. Based on this information, it is already possible to see the impact on rural schools, or indeed any other group of schools.
Baroness Chapman of Darlington (Lab)
It is in some ways reassuring to hear what the Minister is saying. However, does she not accept that we have a situation where the lowest funding is going to parts of the country with the poorest outcomes? However much the Government think they are allowing for these factors, if something is going wrong, either the formula needs to be reconsidered in some respects or other measures need to be put in place to address this.
Baroness Barran (Con)
The Government have worked hard. I know the noble Baroness is familiar with the data, but if she looks at the most recent allocations, we are, dare I say it, trying to level up funding to the areas which she and the Government rightly care about. I think others in the Committee will understand very well that these are not things that can be moved quickly, and if we were moving quicker than we are there would be challenge on that. We expect this to be a slow process but the direction of travel is very clear. The noble Baroness will also be aware that in those areas beyond the core schools budget there is also significant investment, particularly through the education investment areas and the priority education investment areas, which cover—I think I remember rightly—55 local authorities across the country for the EIAs and 20 for the priority areas, where they are getting significant additional help.
On Amendment 84 in the name of the noble Lord, Lord Storey, and the noble Baroness, Lady Garden, on the affordability of home-to-school transport for 16 to 19 year-olds, it is for local authorities to determine the level of support available, including whether to offer free or subsidised travel, as many authorities do. Responsibility for securing home-to-school transport should continue to rest with local authorities because they are best placed to co-ordinate it locally. It would therefore be inappropriate to include it in the national funding formula, which directs funding to schools rather than local authorities. These funding provisions also apply only to pupils between the ages of five and 16.
On Amendment 97ZA, in the name of the noble Lord, Lord Knight, of course I welcome the opportunity to discuss sustainability, which is, as the noble Lord said and as all your Lordships are aware, an issue of paramount importance. Noble Lords may be aware of our recently announced strategy for sustainability and climate change, which was co-created with young people and which I think has been very well received. It includes setting sustainability leadership and the introduction of climate action plans, which will include mitigation.
I absolutely agree with the noble Lord on empowering pupils. He will be aware that part of the strategy relates to the National Education Nature Park, which empowers young people through both the information that they gather and the skills that they will learn in their work in relation to the nature park, which we very much hope will stand them in good stead in future life. More generally, the framework set by the Bill does not intend for the actual content of the funding formula to be specified in legislation, so any such detailed provisions would not be dealt with here.
Lastly, I turn to Amendments 92 and 93 in the name of the noble Lord, Lord Shipley. Many of his remarks were about the wider relationship between local authorities and central government. He will be aware that we have been working with local authorities over several years to implement this reform and we will continue to do so. Ultimately, however, if we want the same pupil to attract the same funding based on their needs, wherever they go to school, we must complete the move to a consistent national funding formula.
Lord Shipley (LD)
Has any staffing assessment been done by the department? My interpretation of what the Bill is now saying is that a huge growth is due in the number of staff who will be employed by the department in Whitehall.
Baroness Barran (Con)
I may have to write to the noble Lord on that. However, he will know that, through the Education and Skills Funding Agency—the ESFA—we already deal with payments to, as I think he said, roughly 10,000 schools. I would hope that the infrastructure that has been built to do that would allow scaling without having to increase staff in a direct proportion. However, I will write to him to clarify that.
Specifically regarding local authorities, there is a key interaction between schools and high-needs funding, which we are consulting on. The House will be aware that funding for high needs is increasing by £1 billion this year to a total of over £9 billion, which is an unprecedented investment in this area. Once we move to a direct national funding formula, local authorities will no longer calculate a local schools formula or transfer funding from the schools block to high needs. Clause 40 provides a new national-to-local budget reallocation mechanism from schools to high needs.
The Secretary of State will make final decisions to ensure national consistency, while still taking account of local circumstances. That could not occur if decision-making was left to 150 local authorities. Local authorities will still retain a key role in this process. They will initiate requests for funding transfers, setting out their rationale, and will consult with local schools. Overall, we think this strikes the right balance and aligns with the wider reforms in the recent SEND and AP Green Paper.
I hope that I have convinced your Lordships that the direct national funding formula will allow us fairly, consistently and transparently to fund schools on the basis of their needs. I ask the noble Lord, Lord Hunt, to withdraw his Amendment 79 and I hope that other noble Lords will not move theirs.
Lord Hunt of Kings Heath (Lab)
My Lords, this has been a fascinating debate which has ranged very far and wide. I put in only an innocent little amendment to talk about the reserves of schools going into an academy trust or multi-academy trust. It is the gentlest of amendments, which the Minister ruthlessly swept away, saying that it would stifle the innovation and leadership of the multi-academy trust. However, behind it was an issue of substance, which is that the integrity of a whole school and its leadership is very important, and having control over its own budget goes with that.
Obviously, we have a load of interesting amendments around the whole concept of fair funding of schools. The noble Baroness, Lady Humphreys, spoke on rural schools. I totally agree with my noble friend Lord Davies; he might have mentioned Birmingham schools in his analysis of the issues that metropolitan schools face. My noble friend Lady Chapman, in looking at a region’s ranking in the index of multiple deprivation, sought to bring a holistic solution to the undoubted different issues and tensions that are faced.
I noted the Minister’s helpful comments. Whenever you have a funding formula, it is easier to shift money when you have real growth in the overall funding settlement. One of the problems we have at the moment has been the squeeze on school funding—my noble friend Lord Adonis made a telling intervention in our previous day in Committee. From my own experience, the health service has gone through its own funding formula. We had RAWP for many years, and then ACRA. It was all about the same issues of teeing up deprivation in rural and urban areas, age factors, and a population who are growing older. However, my goodness me, it was much easier to shift money when you had real growth in the system.
Baroness Barran (Con)
Just to be clear, there has been significant growth in funding in the system. In 2022-23, schools in the north-east, to which the noble Baroness opposite referred, will see a funding increase of 6.1%, with 5.9% in Yorkshire and the Humber. Small rural schools are attracting per pupil increases of 5.6%.
Lord Davies of Brixton (Lab)
If my noble friend will allow me to butt in with some figures, London Councils points out that, between 2017-18 and 2020-21, 84% of schools in inner London saw a real-terms decrease in per pupil funding, compared with 55% in the rest of the country.
Schools Bill [HL]
Baroness Barran ExcerptsWednesday 15th June 2022
(3 years, 9 months ago)
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Baroness Morris of Yardley (Lab)
My Lords, I was not going to speak on this issue; I will do so very briefly. It is really important, and it is a shame that it is so late in the evening. I am in two minds about it: I can see where the Minister is coming from but my views, on the whole, accord with those of my noble friend Lord Liddle, who has just spoken.
The point I want to make, and I would ask for the Minister’s observations on it, is this. When I was doing her job, I remember when I learned that my decision on how the money should be allocated was not replicated in the local authority. I was a bit cross about it: here we are taking decisions about this, we send the money out to the local authorities and, blow me down, they change it around. I then realised that we just had to live with it—that was democracy, and that was making sure there was some local flexibility. However, I can remember feeling irritated by it. We lived with it because we were not as centralised as this Government intend to be.
My worry about this is not that it is trying to remedy the wrong that was referred to earlier on this evening—that 20 local authorities do not pass on the funding to small schools in rural areas when it leaves the department. It does not look like that to me, although I do not doubt that she is concerned. The way it looks to me is that this Bill is about giving power to the Secretary of State over every school and over everything. The minute the Government do that they have to control all the money. It seems to me that is the order: if the Government were not taking all the powers to control every school and everything they do, they would be able to be more flexible with the money, because that flexibility with the money would go with the flexibility given to the school. Because the Government are taking all the power to control all schools over all things, it looks as though they have thought, “The only way we can do that is to control every penny as well. We have to have that lever.” That is what worries me. If you put it together with what is happening in initial teacher training, it is the last brick in the wall of an absolute top-down, very heavily controlled nationalised school system. I would really like the Minister’s observations on that.
The Parliamentary Under-Secretary of State, Department for Education (Baroness Barran) (Con)
My Lords, I will start by setting out the principles of Clause 33, in response to the intention of the noble Lord, Lord Davies, to oppose the question that the clause stand part of the Bill. I am thankful for the opportunity to debate the role of Clause 33 and this part of the Bill more broadly. This measure implements the direct national funding formula and, as I said in response to the third group, delivers on our long-standing commitment to achieve fair funding for schools. We received wide-ranging support from the sector for this vision of how we fund schools in our consultation last year, and we heard your Lordships’ views on the importance of not only holding consultations but listening to them.
A single national funding formula, replacing the current 150 local arrangements, will make funding for schools simpler, fairer and more transparent. It will allow the sector, and your Lordships in this place, to hold the department to account for school funding. This measure outlines the framework of roles and responsibilities for the new funding system. The reforms set out in this part of the Bill have been developed carefully, in extensive consultation with stakeholders, to ensure we reflect the needs of pupils and schools in the fairest and most consistent way.
The noble Lord, Lord Davies, talked about how well the system had worked previously, but when I look at the data for funding per pupil from 2017—I think this was something the noble Baroness, Lady Chapman, also touched on earlier—for Brent and Lincolnshire, both of which had 12% of children on free school meals, the funding per pupil was £5,523 in Brent and £4,305 in Lincolnshire. Similarly, there were big differences in a number of other areas, not only London boroughs. For example, Blackpool and Manchester, at that time, had 25% of children on free school meals and there was about £800 higher funding per pupil in Manchester than there was in Blackpool. I hope the noble Lord will acknowledge that is hard to see as either transparent or apparently fair.
Lord Davies of Brixton (Lab)
I think figures were quoted comparing Blackpool and Brent—
Lord Davies of Brixton (Lab)
Okay. Does this imply that the introduction of the new funding formula will see a significant reduction in the payments received by the school that had the higher figure? The Minister told us there was a difference but we do not know the reason for it. If she is saying that the reason is unjustified, it must lead to a reduction in funding for the school that had the higher amount previously.
Baroness Barran (Con)
I see the noble Baroness, Lady Chapman, is tempted to answer the question. The figures I referred to were from 2017. I am happy to set out in a letter to the noble Lord more of the reasons for the differences, but I suspect, being familiar with the subject, he knows what some of them are. To date, no area has seen a reduction in nominal terms in its funding. One reason why we intend to implement this over a longer period is to avoid any disruption to local funding. As I am sure the Front Bench opposite would say on my behalf, it will depend on the total quantum of funding committed to our schools.
I thank the noble Baronesses, Lady Chapman and Lady Wilcox, for Amendment 87 and for their unerring focus on ensuring that all children have a fair chance to realise their potential. The introduction of the national funding formula in 2018 was a historic reform to school funding, replacing what we believe to have been an unfair and out of date system.
The national funding formula already calculates funding allocations for each school, which, as I mentioned in the earlier group, are publicly available and, with these, the calculations used to determine funding allocations for local authorities. In the current system, individual schools’ final allocations are then determined through 150 different local formulae. The direct national funding formula will mean that every school is funded through the same national formula, with only specific, local adjustments. That will achieve this Government’s long-standing ambition that funding is distributed fairly, and means that parents, school leaders and governors will have assurance that their school is funded on the basis of the needs and characteristics of their pupils, rather than where the school happens to be located. The intentions of the reforms are not to lead to changes in the distribution between geographical areas, but within them.
Similarly, this change should not impact how much funding the formula directs overall towards socioeconomic disadvantage. Instead, it should ensure that each school, in each local authority, receives a consistent amount of deprivation funding based on their pupil cohorts.
I want to reassure noble Lords that we are committed to levelling up opportunity to make sure that all children have a fair chance in life, wherever they live and whatever their circumstances. We are specifically targeting funding towards disadvantage. Through the national funding formula, we are allocating £6.7 billion towards additional needs, including deprivation, which is a sixth of available funding. In addition, we are directing other funding sources towards disadvantaged pupils, including the pupil premium which is rising to over £2.6 billion this year, and the school supplementary grant which includes a further £200 million targeted towards deprivation. We are also allocating over £200 million to support disadvantaged pupils as part of the holiday activities and food programme. This means that, altogether this year, we are allocating £9.7 billion towards pupils with additional needs, including deprivation.
For the 2022-23 academic year, the Government have committed around £500 million through the recovery premium and £350 million through the national tutoring programme, through which 1.5 million courses have been started so far to support the children whose education has been most impacted by the pandemic, with a particular focus on disadvantaged pupils.
By introducing the national funding formula and replacing the previous postcode lottery, we have a funding system that is much more responsive to changes on the ground. School funding is allocated based on current patterns of deprivation and additional needs across the country. It means that pupil intakes that have similar levels of deprivation, such as Liverpool and Wolverhampton, or Calderdale and Coventry, are now receiving similar levels of funding per pupil. The redistribution of funding seen since the introduction of the national funding formula reflects that the funding system has been catching up with changes in patterns of relative deprivation.
As we have discussed at length, the principle of transparency has underpinned our reforms to the school funding system. As I have said, we publish information annually on the national funding formula. We are committed to publishing the impact of transition on individual schools and on different types of school every year. I would also like to reassure the noble Lord, Lord Hunt, who is not in his place, that this does include the factor weightings which he questioned in the last group. Based on this, it is already possible to see the geographical distribution of funding and how that changes year on year, and what support the national funding formula offers for deprivation. We will continue to review the impact of the national funding formula in terms of meeting policy objectives, such as supporting schools to close attainment gaps. In addition, we want to ensure the information we publish is as helpful as possible and we are currently consulting with schools and the wider sector on what published information would be most useful for them.
I hope this has persuaded your Lordships that the national funding formula will continue to distribute funding ever more fairly, based on the needs of schools and their pupil cohorts. I therefore ask the noble Baroness opposite to withdraw her Amendment 87.
Baroness Wilcox of Newport (Lab)
I thank the Minister for her reply. Nevertheless, our concerns remain, and much of what my noble friend Lord Davies has discussed is worthy of support. But in terms of our specific amendment, our call for a robust analysis still stands, together with detailed democratic scrutiny of the funding formula, and concerns around the removal of local authorities in allocations of funding still apply. However, I beg leave to withdraw my amendment.
Baroness Wilcox of Newport (Lab)
My Lords, the 7p increase to infant school meals announced yesterday by the Government has generally been received as inadequate. Labour’s amendment compels the Secretary of State to review food standards every three years and to consider quality, nutritional value and value for money. As noted, the Government rejected Henry Dimbleby’s advice to extend free school meals to 1 million more children in need and to raise the grant schools get in line with rocketing inflation. Schools are already reducing meal sizes to afford their obligations. Will the Minister say what the Government’s plans are to help avoid children going hungry? Have they done any analysis of what inflation is doing to the amount of food schools are able to provide and the adverse effects when this gets smaller and smaller?
I shall give the UK Government some good ideas and positive direction on what the Welsh Government are doing on these matters. From September, some of the youngest children in primary schools in Wales will begin receiving free school meals. Our First Minister said:
“no child in Wales should go hungry and … every child in our primary schools will be able to have a free school meal.
We are facing an unprecedented cost-of-living crisis. We know younger children are more likely to be living in relative income poverty, which is why the youngest of our learners will be the first to benefit.
This cost-of-living crisis is being felt by families all over Wales, extending free school meals is one of a number of measures we are taking to support families through this difficult time.”
I sincerely urge the Minister to reflect on these proposals and see whether there is the political will to do something similar for English children.
In terms of what we can practically do in the meantime, our amendment would ensure that food standards are reviewed regularly and would weigh up value for money with quality and nutritional value. All the evidence suggests that children cannot learn when there are hungry. Acting on this fundamental principle is surely an all-round win for the Government.
We know that governmental focus has drifted from children in care too. In March, it was revealed that the National Tutoring Programme, referred to earlier, no longer had to ensure it was reaching two-thirds of the most deprived pupils. The requirement that two-thirds of pupils in the programme must be from disadvantaged backgrounds was in place for a reason: there is strong research evidence that poorer pupils have been the biggest losers from the pandemic, seeing greater attainment losses than their peers.
For the purposes of political balance, as I have quoted my First Minister, I shall now quote what the Conservative MP Robert Halfon, who chairs the Education Committee, said about the National Tutoring Programme:
“The Government must ensure Randstad shapes up, or boot them out. The catch-up programme must be shown to be reaching disadvantaged pupils and this data must be published.”
So there is cross-party agreement that we must ensure that disadvantaged pupils are at the front and centre of our thinking in all aspects of educational provision, especially in the critical area of school admissions. As was debated on Monday, we cannot exclude pupils and operate a soft selection policy as it is unfair and frankly immoral.
Baroness Barran (Con)
My Lords, I turn first to Amendment 89 in the names of the noble Lord, Lord Storey, and the noble Baroness, Lady Humphreys. As the noble Baroness said very eloquently, providing free school meals to eligible children is very important to this Government. We spend around £600 million per year making sure that 1.25 million infants enjoy a free meal under the universal policy. The per-meal rate was increased last year and the Secretary of State recently announced a further £18 million, increasing the rate to £2.41 per meal, which has been backdated to April this year. The noble Lord, Lord Young of Norwood Green, stressed the importance of supporting children in the early years, particularly post the pandemic. He is absolutely right.
Under the benefits-related criteria, the Government provide a free meal to around 1.9 million more children. For 2022-23, funding through the free school meal factor in the national funding formula is increasing to £470 per eligible pupil. In recognition of cost pressures, after the national funding formula rates were set the department provided extra for core schools funding for 2022-23. Core schools funding for mainstream schools, which includes benefits-related free school meals, is therefore increasing by £2.5 billion, compared with last year.