Children’s Rights: Digital Environment

Baroness Berridge Excerpts

Thursday 1st July 2021 Lords Chamber

[The Parliamentary Under-Secretary of State, Department for Education and Department for International Trade (Baroness Berridge) (Con)]

My Lords, I am delighted that the UN committee has formally recognised how children’s rights in the convention apply to the digital world. The strongest protections in the Government’s landmark online safety Bill are for children and reflect the general comments provisions, such as the new duty of care. The age-appropriate design code informed by the principles in the convention will also provide protection for children’s personal data when it comes into force this September.

[Baroness Kidron (CB)]

I thank the Minister for her response and declare my interest, particularly as chair of 5Rights and its role as consultant to the Committee on the Rights of the Child in drafting the general comment. As the Minister said, the Convention on the Rights of the Child and its associated protocols provide the international benchmark for all government action regarding children, and the UK has an exceptional record on this question. So will the Minister say whether the Department for Education as the lead reporting department will take note of the general comment when it reports to the committee later this year? Since so many noble Lords wish to see specific reference to children’s rights in the online safety Bill, will she agree to convene a meeting between those noble Lords, her department and DCMS Ministers?

[Baroness Berridge (Con)]

I am grateful to the noble Baroness for her reference to the exceptional record this country has in protecting and promoting the rights of children, and I am delighted to confirm that a meeting will be arranged for noble Lords, which will be led by my noble friend Lady Barran.

[The Lord Bishop of Gloucester]

My Lords, the online safety Bill talks about protecting

“rights to freedom of expression”,

but nowhere does it refer to children’s rights to grow up in a healthy digital environment. Can the Minister give assurance that this will be addressed?

[Baroness Berridge (Con)]

My Lords, the key point around the protections we are putting in place and why the strongest protections are for children, reflected in the Keeping Children Safe in Education guidance, is that we want children to benefit and flourish using digital technology but to be kept safe online.

[Lord Vaizey of Didcot (Con)]

I refer to my entry in the register of Members’ interests, particularly my work with Common Sense Media. I gather that last night a US Senator and two Congresspeople recommended that the age-appropriate design code be incorporated into US legislation. That is because the Convention on the Rights of the Child is incorporated within the age-appropriate design code here in the UK, thanks to the work of the noble Baroness, Lady Kidron, and this House. Can the Minister assure us that the convention will appear in the online safety Bill, so that the UK can continue to burnish its well-earned reputation for the protection of children online?

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[Baroness Berridge (Con)]

My Lords, it is indeed pleasing to note that the age-appropriate design code is seen in such a world-leading manner. The Government’s response to the White Paper on online safety has led to draft legislation that will be subject to pre-legislative scrutiny this Session. Noble Lords will have the opportunity then to advocate that the convention should be in the Bill.

[The Earl of Erroll (CB)]

My Lords, does the Minister’s department agree with DCMS that we should repeal Part 3 of the Digital Economy Act? This goes against the United Nations general comment, which states in paragraph 114:

“Robust age verification systems should be used to prevent children from acquiring access to products and services that are illegal for them to own or use.”

[Baroness Berridge (Con)]

My Lords, I can confirm to the noble Earl that age-appropriate and age-verification services are part of the structure of the online safety Bill. Providers of services that are a high risk to children will be expected to have significant levels of security, such as age verification. For lower risks, age appropriate will be the provision. I will have to write to the noble Earl in relation to the suggestion of repealing some legislation.

[Baroness Massey of Darwen (Lab) [V]]

My Lords, the Government’s digital charter states that rights online must be the same as those offline and that the benefits of new technologies must be “fairly shared”. The House of Lords communications committee has called for regulation to ensure that human rights and children’s rights are upheld. There have been clear failures in both fairness and the delivery of children’s rights during the Covid pandemic. How will these rights be protected and monitored in future?

[Baroness Berridge (Con)]

My Lords, after the last review under the UN convention, suggestions and recommendations were taken forward. There is now a children’s rights assessment in the development of policy and there has been training of civil servants, as was suggested.

[Lord Jones of Cheltenham (LD) [V]]

This week’s Radio Times piece by Paul Lewis tells of a 10 year-old boy who racked up substantial debts by playing computer games which had what are called “loot boxes”. This is unfair treatment, as mentioned in general comment 25. Following the end of the consultation period on loot boxes, will the Government work with the gaming industry and legislate to eliminate this danger?

[Baroness Berridge (Con)]

My Lords, we are consulting on those matters and will report back. It is clear that in the online safety Bill one of the sanctions available to Ofcom, if providers have inappropriate content that children are gaining access to, is to disconnect payment services such as that from their websites and social media services.

[Lord Holmes of Richmond (Con)]

My Lords, does my noble friend agree that right-set standards and rightly considered regulation of legislation need be neither a drain on our economy nor a strain on our society? Rather, they can be part of enabling us to have the economy we need and the society we want, with all the individual and collective well-being that goes with that.

[Baroness Berridge (Con)]

My Lords, this is entirely what we are seeking to do through the national online media strategy that we will launch later this year, to empower citizens to use the internet safely and to make wise choices. It is why the draft Bill not only includes protections for children but proposes to entrench in legislation freedom of speech and the right of appeal, should content be removed.

[The Lord Speaker (Lord McFall of Alcluith)]

I call the noble Baroness, Lady Barran—sorry, the noble Lord, Lord Watson of Invergowrie.

[Lord Watson of Invergowrie (Lab)]

Understandable confusion from the Lord Speaker.

My Lords, The Ofcom Online Nation 2021 Report showed that lockdown had highlighted the digital divide and that, with one in 10 households without access to the internet during lockdown, it had been magnified and was clearly a severe socioeconomic problem. Last week the Times reported that Amazon was engaged in the mass disposal of unused IT equipment, with 120,000 items marked for destruction in one week alone. I know the Minister will share my anger at that obscene waste, against the backdrop of lost education and damaged life chances caused by the pandemic. So can she tell noble Lords what discussions the Government have had or will have with retailers to maximise the charitable repositioning of devices for schools?

[Baroness Berridge (Con)]

My Lords, I am grateful for the expertise of the noble Baroness, Lady Barran, as this question straddles a number of departments.

Obviously, we want to avoid all kinds of waste; food waste has also been on many people’s agenda. I can assure the noble Lord that the 1.3 million laptops we have distributed are the property of local authorities and schools, and we would take a very dim view if anything of that nature happened to that property. I will have to write to him in relation to the specific point about the recycling of white goods.

[The Lord Speaker (Lord McFall of Alcluith)]

My Lords, for sure—Baroness Greenfield.

[Baroness Greenfield (CB) [V]]

As a neuroscientist, I am aware of the growing evidence of reports about the impact of digital technology on the physical brain. I therefore ask the Minister to what extent the Government will be consulting with neuroscientists.

[Baroness Berridge (Con)]

My Lords, in this Session there will be a period of pre-legislative scrutiny for the online safety Bill and therefore neuroscientists will be able to put forward their views on the Bill. When we consulted on the White Paper there were 2,400 responses, so those experts have also had the opportunity to respond to that consultation.

[Baroness Redfern (Con) [V]]

My Lords, the digital environment is constantly evolving, reaching further into lives, with a focus concentrated mainly on child protection and education. What further steps do the Government plan to address the general digital experience of children?

[Baroness Berridge (Con)]

My Lords, during the pandemic the Government have invested over £400 million in remote technology to assist learning in schools. We anticipate that that will be something for the future and beyond. We are also looking at how we can assist schools in managing cyber risks, which have increased with the use of technology. We want to embed this in our education system.

[The Lord Speaker (Lord McFall of Alcluith)]

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

Covid-19: Education Attendance

Baroness Berridge Excerpts

Thursday 1st July 2021 Lords Chamber

[Lord Watson of Invergowrie (Lab)]

My Lords, according to the Department for Education’s own figures, last week one in 20 children in state schools in England were absent due to confirmed coronavirus infections. I hope that the Minister can explain why secondary school pupils were no longer required to wear masks in classrooms from mid-May, when cases were rising and masks still had to be worn in shops and other indoor spaces. Parents, pupils and teachers need to know what is to happen in September with bubbles. Can the Minister confirm that school leaders will be told well before the end of this term, allowing time for plans to be put in place and to give their staff a desperately needed break over the summer?

[The Parliamentary Under-Secretary of State, Department for Education and Department for International Trade (Baroness Berridge) (Con)]

My Lords, the four tests were met for step 3 of the road map at that point, so that is why, on the advice of Public Health England, masks and other restrictions were lifted at that stage for secondary school pupils. We expect to confirm plans to lift restrictions and bubbles in line with step 4 of the wider road map. Obviously, there will be an announcement in advance of that, which should be within term time for the vast majority of pupils, though there are one or two areas where state-funded schools begin to break up on Friday 9 July.

[Lord Storey (LD) [V]]

My Lords, in the decisions that are made—and made, as the noble Lord, Lord Watson, said, so that schools know well in advance of their return in September—how much of the scientific data has been taken into account?

[Baroness Berridge (Con)]

My Lords, the Department for Education is obviously guided by the advice from the Department of Health and the Education Secretary is working closely with his counterparts in health and social care and on the advice of Public Health England. On Monday, Minster Keegan and Minister Gibb wrote to schools and colleges to outline the situation at the moment and to give instructions about the pause on testing during the summer but the requirement to still test if children are in school for summer school. They have as up to date a position as we can provide them with at the moment.

[Lord Berkeley of Knighton (CB) [V]]

My Lords, obviously all children have been adversely affected in their education by the pandemic, but may I commend to the Minister and her department the importance of addressing and recovering lost ground in those subjects and extras, such as gymnastics and PE and the playing of musical instruments, where the plasticity of the brain and its co-ordination with muscles is so impressionable in children and their mental welfare, especially those with special needs?

[Baroness Berridge (Con)]

My Lords, much of the specialist tuition that the noble Lord outlined takes place in out-of-school settings. They have been able to offer provision without restrictions for reasons of attendance. Also, instrument tuition was one area where Zoom was particularly used by teachers. Of course, the pupil recovery premium—£650 million of which is in the bank of the schools at the moment—can be used if additional tuition of that nature is needed.

[Lord Moynihan (Con)]

My Lords, given that almost a third of children are classed as inactive as a result of lockdown restrictions—not even doing 30 minutes of exercise a day—does my noble friend accept that it is essential to formulate an urgent plan to improve the physical and mental health of all children, one that tackles obesity and prioritises the reopening of youth activities now and throughout the summer? Does she recognise that this can be done only if we tear down the walls of departmental silos so that all relevant departments—health, education, sport and local authorities, to name just some—take up the challenge together to address the fact that we may face the most unfit generation of British children ever?

[Baroness Berridge (Con)]

My Lords, I hope that the noble Lord will be aware that within the guidance we gave to schools when they returned, we gave prominence to the need for children to be physically active and to recover their agility. There was also the childhood obesity strategy. It is precisely for this reason that we have also funded £200 million for summer schools for year 6 transition; well over 80% of secondary schools have applied to the department for that. The holiday activity fund, which is £220 million, will also now be run in every local authority area; it will provide nutritious food and activities during the summer.

[Baroness Primarolo (Lab) [V]]

My Lords, on Monday, the Secretary of State for Health and Social Care told the House of Commons that we are going to have to “learn to live with” the virus. Can the Minister tell us what this means for schools? Where is the plan for improved ventilation and classrooms where children can socially distance within school? When does the Minister think a decision will be taken on vaccinating all 12 to 17 year-olds?

[Baroness Berridge (Con)]

My Lords, on the noble Baroness’s last point, we do not have medical advice at the moment to say that we should vaccinate young people of that age, except those who have serious neurological conditions. We are wating for the JCVI to give that advice. We will look at the data. Government departments are obviously working closely together and we will provide an update on step 4 in the near future.

[Baroness Fox of Buckley (Non-Afl)]

What advice would the Minister give to parents if their child says that he or she has a tummy ache and does not want to go to school? Parents would usually reply, “You’ll be fine, darling, remember that education is so important”. Now, after months of forcing hundreds of thousands of pupils to stay isolated at home, even though they are well, surely the lesson is that school is not so important. Does she also have any advice for teachers in the future, chasing homework or confronting truancy after so long socialising pupils to think that school attendance is provisional?

[Baroness Berridge (Con)]

My Lords, current attendance levels—despite those who are self-isolating—are at around 87%. One feature of the pandemic has been the appreciation for teachers and the workforce. On the importance of school, many young people now report that they appreciate it more than they did in the past. We have been clear that we wanted education settings to be the last to close and the first to reopen.

[Lord Laming (CB) [V]]

My Lords, may I ask about the children not attending school and not in contact with any other services? What are the Government doing to ensure that these missing children and safe and being well cared for?

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[Baroness Berridge (Con)]

My Lords, there has been increased reporting of children being electively home educated through surveys from directors of children’s social care. But there is this other group of children missing an education—those not on the school roll and not being electively home educated. There are specific officers in every local authority who should make inquiries to track down those children and make sure that they have appeared on the school roll in another local authority area in England or one of the other three devolved nations.

[The Lord Bishop of Gloucester]

Throughout the pandemic there has been a noticeable lack of briefings aimed specifically at children and a great absence of their voices. I was glad to host an event for MPs and key leaders in Gloucestershire where all the input came from young people. Can the Minister give an assurance that, in looking at the impact of Covid on the lives of children, it is they who will be asked and heard?

[Baroness Berridge (Con)]

My Lords, one interesting feature of the consultation that we recently conducted on exams was that over 50% of the responses were indeed from students. We have been pleased to hear their voices throughout this and have sought to communicate directly with them. I also draw attention to the very successful Big Ask, run by the Children’s Commissioner, to which over 500,000 children and young people responded.

[Baroness Morris of Yardley (Lab) [V]]

My Lords, the Minister has talked about plans for when schools return for the September term, but in many areas there are two to three weeks of this term left and over 300,000 children a day not attending. What action is being taken to increase the number of children attending school this term?

[Baroness Berridge (Con)]

My Lords, the REACT teams from the Department for Education, working alongside local authorities, have an attendance strategy. They are working closely with schools, particularly for those young people with special educational needs and vulnerable children, to ensure that as many as possible are in schools. In relation to the bubbles, they are one way that schools can limit the number of contacts but, even if a child within a bubble tests positive, that does not necessarily mean that all children in the bubble have to go home; it is still only those who qualify as close contacts in line with the risk assessment by the school.

[Baroness Andrews (Lab) [V]]

My Lords, is the Minister aware that, during the first two weeks of June, the number of Covid cases in early years settings doubled? Can she tell me how many nurseries have closed because pre-school children are isolating? If the Government withdraw the requirement for schoolchildren to isolate, will this also apply to pre-school settings? This is, as she knows, an area under huge strain and challenge at the moment and it would be good to have as much clarity as possible on this point.

[Baroness Berridge (Con)]

My Lords, I can tell the noble Baroness that the latest figures we have are for 24 June this year, when 55,000 early years settings were open. That represents 82% of all settings, and we estimate that that means that 937,000 children were in an early years setting on that day. When we are able to confirm step 4, the advice will obviously relate to all education settings.

[The Deputy Speaker (Lord McNicol of West Kilbride) (Lab)]

My Lords, all supplementary questions have been asked.

Children: Care Homes

Baroness Berridge Excerpts

Monday 21st June 2021 Lords Chamber

[Lord Storey]

To ask Her Majesty’s Government what assessment they have made of the use of unregulated care homes for children.

[The Parliamentary Under-Secretary of State, Department for Education and Department for International Trade (Baroness Berridge) (Con)]

My Lords, we have recently announced vital reforms for the use of unregulated provision to ensure that children in care and care leavers have access to high-quality accommodation and support that meets their needs and keeps them safe. This includes banning the practice of placing under-16s in this provision from September. We are now consulting on national standards and Ofsted regulation for unregulated provision for looked-after children and care leavers aged 16 and 17.

[Lord Storey (LD)]

I thank the Minister for her reply. She will know that there were 1,860 reports of abuse against children living in unregistered care homes. This included physical abuse, sexual abuse, trafficking, grooming and the exploitation of young people with learning difficulties and mental health problems. Does the Minister agree that this is a disgrace? Will she take immediate steps to ensure that every child is safeguarded? We also see that, increasingly, these children are not attending school. Will she work with local authorities to ensure that every child goes to school?

[Baroness Berridge (Con)]

My Lords, it is clear that the local authority has the primary statutory duty to safeguard children. More than 80% of our children’s homes are good or outstanding in Ofsted terms, but the noble Lord is correct. Schools are a vital part of the system and are the second largest reporter to children’s social care, and of course they should be keeping clear attendance figures to know where those children are.

[Lord Rooker (Lab) [V]]

My Lords, can the Minister say a little more about the decision for the new system not to proceed with formal police liaison with local authorities for out-of-area care? There are so many people involved in care, and the Association of Directors of Children’s Services, along with the College of Policing, quite clearly recommends that local authorities notify the relevant police force in an out-of-area placement. I just do not understand it. The explanation that the Government give in their document about removing the formal liaison with the police is not very satisfactory. Will she say a little more about that government decision?

[Baroness Berridge (Con)]

My Lords, there is guidance for local authorities when they are going to place a child in out-of-area care. A placement should always be governed by what is the most appropriate provision for the young person. Many of the facilities in which children are placed, such as Centrepoint and St Basils, are high-quality provision. I will write to the noble Lord in regard to the more specific question he asked about notifying the police authority to which the young person has been moved.

[Baroness Tyler of Enfield (LD) [V]]

My Lords, the government proposals for a new regulatory and inspection regime using national minimum standards for 16 and 17 year-olds in unregulated settings intentionally omit any guarantee of care, causing many in the sector to express concern that the proposals establish a dangerous precedent, whereby older children notionally in care receive only a lower level of support. It seems to go against other recent welcome policy developments to extend aspects of care, such as “staying put” and “staying close”. Will the Minister explain this seeming contradiction in policy?

[Baroness Berridge (Con)]

My Lords, there is no contradiction in policy here. The local authority’s duty is to place young people of 16 and 17 in the most appropriate accommodation, obviously taking into account their best interests. There are certain individual circumstances that mean that the best placement for a young person—such as a 16 or 17 year-old unaccompanied asylum-seeking child who has perhaps been out of any home or family environment for years—might be in semi-supported accommodation. It is important that there are national standards that Ofsted will inspect against for that type of provision.

[Lord Lexden (Con)]

My Lords, I declare my interest as president of the Independent Schools Association. What progress has been made by the excellent schemes to provide places in both state and independent boarding schools for children in care who would be suited to them and benefit from them—which not all children in care would? Should not local authorities consider this option for their children in care with a completely open mind? How does the average annual cost of a place in a children’s home compare with that in a boarding school?

[Baroness Berridge (Con)]

My Lords, the noble Lord is correct. Through the Royal National Children’s SpringBoard Foundation charity, the Government are currently running regional pilots in the south-west, the north-east and London, to try to ensure that, where it is in the best interests of the child and the most appropriate placement is in one of those boarding schools, that is the placement. That is being done with a view to, after looking at the regional pilots, making it national.

[Lord Laming (CB) [V]]

My Lords, do the Government now regret the pressure that they placed on local authorities to outsource their services, as they call it, thereby placing into the hands of independent providers the powers both to choose the children to be offered a service and to set the charges that they demand? Does the Minister accept that placements in unregulated accommodation have been just one result of this policy?

[Baroness Berridge (Con)]

My Lords, as I have outlined, there are many excellent providers in this sector, and it is not fair to tar everybody with the same brush when there are a minority of situations in which, of course, we need to act. The noble Lord is correct: a review is currently under way by the Competition and Markets Authority to look at the market in this space, but many of those providers provide a good or outstanding service.

[Lord Naseby (Con) [V]]

Is my noble friend aware that Ofsted stopped doing routine inspections in March 2020? Therefore, only 29 homes were inspected in the next nearly six months. Are discussions being held with Ofsted to ensure that all those unregulated homes are inspected regularly?

[Baroness Berridge (Con)]

My Lords, the consultation closes on 19 July. Once we have national standards, it is envisaged that Ofsted will inspect this provision as well. As the noble Lord outlined, Ofsted has still been inspecting on a risk base, when it is alerted to problems in children’s homes—but it is getting back to all its routine inspections now.

[Baroness McIntosh of Pickering (Con)]

I welcome my noble friend’s announcement that there will be no future referrals to unregulated providers. I declare my interest as a vice-president of the National Association of Child Contact Centres and the co-chair of the APPG on Child Contact Centres. Will my noble friend ensure that all child contact centres and organisations that offer child contact services are accredited in accordance with national standards for safeguarding to ensure that no child can be referred to an unregulated and unprovided-for child contact centre in future?

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[Baroness Berridge (Con)]

I appreciate my noble friend’s concern, but I will have to write to her as I believe that might be a matter for the Home Office or the MoJ, if there is any regulatory regime around child contact centres, which I believe will be for separated parents.

[Lord Watson of Invergowrie (Lab)]

My Lords, it was deeply disappointing to see that the first report, published last week, of the MacAlister review of children’s social care, did not champion 16 and 17 year-olds in care, instead following the position of Ministers on unregistered homes. With the Government attempting to defend the indefensible by citing the fact that children aged 16 can marry or enter civil partnerships with parental consent, the Ministry of Justice has announced that it is going to raise the legal minimum age for marriage because, as it says, of the need to protect vulnerable children. Will the Minister finally accept the need to ensure that all under 18s receive care where they live, because all children in care are by definition extremely vulnerable?

[Baroness Berridge (Con)]

My Lords, the Department for Education has liaised closely with the Ministry of Justice on this policy. A number of 16 and 17 year-olds are remanded with very strict bail conditions pending trial. In those circumstances, there can be difficulties in placing those 16 and 17 year-olds in a family environment. So it is very clear that in that small number of cases, for those reasons—and also taking into account the best interests of that alleged offender—they may be placed in that type of accommodation. The Government are not defending the indefensible, but in certain circumstances, particularly with the risks that those young people may, unfortunately, pose to other children if placed in a children’s home or a family, we need to make sure that that type of accommodation meets national standards and is inspected but is available for that type of situation.

[The Lord Speaker (Lord McFall of Alcluith)]

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

Education: Recovery Package and Catch-up Programme

Baroness Berridge Excerpts

Monday 21st June 2021 Lords Chamber

[Lord Woolley of Woodford (CB) [V]]

My Lords, I beg leave to ask the Question in my name on the Order Paper, and I highlight my interests in the register.

[The Parliamentary Under-Secretary of State, Department for Education and Department for International Trade (Baroness Berridge) (Con)]

My Lords, this Government are taking steps to level up educational outcomes for all pupils, regardless of race, class or background. The support that we are providing includes £2.5 billion of pupil premium funding this year, £220 million for the holiday activities and food programme and £400 million for internet access and laptops. We have also committed over £3 billion to help children catch up on lost education.

[Lord Woolley of Woodford (CB) [V]]

I thank the Minister for that response, but is she aware that some headteachers feel forced to use the education recovery funds not for that purpose but to plug serious financial gaps? Given that this money is supposed to target the most vulnerable children in our society, are there ring-fenced, targeted funds for Caribbean, Bangladeshi, Pakistani and Gypsy and Roma children?

[Baroness Berridge (Con)]

My Lords, the catch-up funding and the pupil premium funding are aimed at all disadvantaged children regardless of their racial or regional presence in the UK. On the overall funding package, an extra £2.6 billion last year and £2.2 billion this year went into the core schools budget. If the noble Lord wishes to give me the names of the institutions concerned which are struggling, we can direct them to the plethora of resources available from the department to ensure that schools can get the best deal available for their money, such as the free teacher vacancy service and the risk protection arrangement, which many schools are now using as their insurance policy.

[Baroness Stroud (Con) [V]]

My Lords, we know that all adolescents across the UK, regardless of their ethnicity, are better equipped for success and flourishing later in life when well educated, yet, prior to the pandemic, black Caribbean and white/black Caribbean students numbered double the national average for school exclusions. Recent UCAS research revealed that a third of students in schools and half of students in colleges were not told about apprenticeships. What steps are the Government taking to address disproportionate school exclusions as well as promote apprenticeships as an alternative pathway for students from ethnic minorities?

[Baroness Berridge (Con)]

My Lords, the diversity champions network is aimed specifically at making sure that black and minority-ethnic young people are aware of apprenticeship opportunities. The Government accepted the recommendations of the Timpson review in relation to exclusions and we are looking to enact them. On the temporary exclusion rate, there is some good news in that the rate for black Caribbean students has slightly decreased.

[Lord Hastings of Scarisbrick (CB)]

Given that the Government seem to have rejected much of the Sewell racism report, including the one positive recommendation of extending substantially the school day—barring a paltry, 30-minute possible extension—to allow exactly the catch-up of hours that children need to advance their education, how else can the Government require that the school estate, which is a public asset, be put to maximum effect over the summer months and into the autumn? How can they ensure that the publicly funded asset of teacher knowledge is best deployed to advance children’s learning to catch up more effectively?

[Baroness Berridge (Con)]

My Lords, there will be a short consultation on the element of the recovery package relating to extending the school day because that has an impact on the teaching workforce. In relation to those eligible for free school meals, it is white working-class children who have the lowest Progress 8 measure for their achievement, but many holiday activity and food programme initiatives take place on school premises and specific guidance is given to schools about they can best use their school estate.

[Baroness Ritchie of Downpatrick (Non-Afl) [V]]

My Lords, as part of the education recovery package, what work is ongoing between central government and the devolved Administrations to reduce racial inequalities, including in respect of the digital divide, thus contributing to the levelling-up agenda, enhancing educational opportunities for all our children and improving our economy and society in the long run?

[Baroness Berridge (Con)]

My Lords, the Government will produce a White Paper later this year to outline the national plan for levelling up. There are regular meetings between the Secretary of State for Education and his counterparts, as well as at official level between the department and the devolved Administrations.

[Lord Young of Norwood Green (Lab) [V]]

My Lords, I thank the noble Lord, Lord Woolley, for his very relevant Question. My mentor on educational issues is Liz Wolverson OBE, chief executive of the London Diocesan Board for Schools Academies Trust. She has rescued 10 failing schools in inner London, so she speaks with vast experience. Will the Minister examine her advice? If we want to help less privileged children who have suffered during lockdown, using trained instructors after school to deliver arts, sport, drama, singing, et cetera, which more privileged children have had access to, will make a real contribution to levelling up.

[Baroness Berridge (Con)]

I join the noble Lord in praising the activity of that multi-academy trust. We have seen hundreds of schools join multi-academy trusts and improve their performance. The development of the National Tutoring Programme— in which I believe we have invested £539 million—is now school led. It will enable schools to spend that money on existing tutors and a wider range of subjects, including arts and other subjects that are not currently available through the tuition partners stream of the National Tutoring Programme.

[Baroness Hussein-Ece (LD)]

My Lords, are the Government valuing children in the same way as the United States and other European countries such as the Netherlands, which are investing far more in their children and young people through their Covid recovery plans—reported to be £1,600 and £2,500 a head respectively compared to the equivalent £22 per child that primary schools will receive from the Government’s education recovery plan? Are BAME children and those already historically disadvantaged bearing the brunt of the pandemic through this gross lack of investment?

[Baroness Berridge (Con)]

My Lords, in relation to BAME children, when the statistics are broken down it is clear that one has to look very carefully within that cohort. White Irish Traveller families and Gypsy and Roma families are very much at the bottom of achievement levels, with Asian and particularly British-Chinese students outperforming every other group. One has to look carefully within that group, but that is not to say that there are not some issues there, particularly for black Caribbean children and for boys. It is not appropriate to do a per-pupil comparison, because significant parts of the Government’s recovery package are not on a per-pupil basis. For instance, £200 million has been made available to secondary schools to run summer schools only for year 6 pupils going into year 7. Those comparisons are not possible between jurisdictions.

[Lord Bourne of Aberystwyth (Con) [V]]

My Lords, while recognising the Government’s commitment to addressing racial equalities, can I ask my noble friend the Minister, who has just mentioned Gypsy, Roma and Traveller communities, what we are doing to support youngsters from those communities, who have the poorest life chances? What are they doing to support the recruitment of members of minority communities to school governing bodies?

[Baroness Berridge (Con)]

My Lords, there are two organisations that the Government contract with to deliver new governors, Academy Ambassadors and the National Governance Association. We have set them specific targets which they have both exceeded in relation to recruitment from those communities. The Government are announcing—or have announced; I shall double-check that—the Gypsy, Roma and Traveller strategy, but my noble friend is correct that those groups have the highest prevalence for free school meals and some of the lowest educational attainment. We need to act to help change that.

[Baroness Wilcox of Newport (Lab)]

My Lords, this Wednesday is Thank a Teacher Day, an event established in 1998 by my noble friend Lord Puttnam to celebrate and recognise excellence in education. It is a chance for children and families to thank the inspirational staff who change lives through their hard work. All the evidence shows that if we want to make the most difference to children’s life chances and close the attainment gap, investing in teaching is key. The influence of a good teacher lasts a lifetime, so why have the Government said nothing about the workforce that will deliver the additional education catch-up support for children’s pandemic recovery?

--- Later in debate ---

[Baroness Berridge (Con)]

My Lords, perhaps I may correct something I said earlier to save me writing a letter in that regard: we have invested £579 million in the school-led programme.

The noble Baroness is right; it is what the evidence shows, and that is why in the third tranche of the recovery package we are investing £253 million in new funding for half a million teachers. Improving the early career framework for teachers by giving them two years’ professional development is an important professionalisation of the workforce. We are aiming towards that £30,000 starting salary as well.

[Baroness Prashar (CB) [V]]

The Government state that the catch-up funding is based on evidence. What is that evidence and how will the Government ensure that it addresses racial inequality and narrows attainment gaps?

[Baroness Berridge (Con)]

My Lords, the evidence base on which the recovery package is based is research, particularly from the Education Endowment Foundation, and the quality of teaching, which, as the noble Baroness, Lady Wilcox, outlined, is one of the key factors. Obviously, we have evidence as well that small-group or one-on-one tutoring is a key vehicle to help children catch up and improve. That is why £1.5 billion will go into tutoring over the next two to three academic years. That is the evidence base. We are collecting the Renaissance research on lost education, but that is geographical, not by gender or racial groups.

[The Lord Speaker (Lord McFall of Alcluith)]

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

Ofsted Review of Sexual Abuse in Schools and Colleges

Baroness Berridge Excerpts

Thursday 17th June 2021 Lords Chamber

[Baroness Benjamin (LD)]

My Lords, I welcome the Ofsted review of sexual abuse in schools and colleges, and I am pleased to hear the Government’s response.

I have been raising much of what has been highlighted in the review for many years in this House. Countless parents have contacted me to tell me about the sexual abuse and harassment that their children have had to face in schools. Some children as young as four have been sexually assaulted by children as young as 10. Teenage girls have told me about the aggressive sexual abuse that they have had to face for more than 10 years now. Many have felt ashamed about what they have been asked to perform, and they have even resorted to self-harm and experienced suicidal thoughts.

So nothing in the review has come as a surprise to me or to many teachers across the country in both public and state schools, as well as in colleges and universities. Many signed an open letter that I wrote to the Prime Minister just last month, highlighting our concerns at the epidemic of sexual abuse fuelled by online pornography. Let us give a thought to all those who have been affected.

The review by Ofsted rightly has a strong emphasis on education, and the PSHE Association has long recommended that best practice for RSHE is for it to be delivered as part of a spiral PSHE curriculum that builds children’s knowledge and skills and contributes to supporting them in navigating their social worlds both now and in future. That requires timetabled lessons, trained teachers and accountability through inspection bodies. What commitments are there from inspectoral bodies, including Ofsted and the Independent Schools Inspectorate, to inspect PSHE, including RSHE, to the same standard as they would inspect other curriculum areas, including Ofsted ensuring that PSHE is inspected within the “quality of education” element of its inspection framework? It is vital that schools provide evidence of their three Is—intent, implementation and impact—as they would for history, maths, science or any other curriculum areas.

The current training modules released by the DfE are widely criticised by teachers due to their focusing on simply imparting factual knowledge to teachers. PSHE and RSHE can be dangerous if taught by teachers who are undertrained and underprepared. Will the Government commit to training that demonstrates effective improvement of teachers’ confidence and competence in teaching RSHE? If the DfE is not able to provide this training, will the Government ensure that schools have funding and teachers’ time to enable it to be available from reputable organisations that have the expertise and experience to equip our teachers?

The Government must ensure that there is guidance that PSHE, including RSHE, is delivered in timetabled lessons of the same length as lessons for other curriculum areas. So-called drop-down days sporadically placed throughout the year cannot be relied upon in schools, because the topics covered are highly sensitive. A whole day spent on such topics could re-traumatise students so much that we have to be careful. Will the Government put guidance in place for school leaders, to ensure that they support their PSHE leads by providing them with time to teach PSHE, time to plan and time to lead and train their colleagues?

I am pleased that the review focused on pornography. Right now, we have on the statute book legislation that Parliament passed four years ago which does two things. It prevents children accessing commercial pornographic websites through age verification and makes provision for the regulator to take robust action against any site showing extreme pornography which normalises violence against women. As the Government reflect on their next steps, they would be well advised to review their decision not to implement Part 3 of the Digital Economy Act, which should have been in place 18 months ago. In October 2019, the Government performed a spectacular U-turn, saying they were going back to the drawing board and starting again with completely new legislation. It was only last month that we saw that alternative draft Bill.

I know that Part 3 does not address pornography on social media, but it addresses pornographic websites. Importantly, research published last month on the viewing of online pornography by 16 and 17 year-olds states that

“pornography was much more frequently viewed on pornographic websites than on social media, showing how important the regulation of such sites remains”.

We need regulation to deal with pornographic websites and pornography on social media. That is why both Part 3 of the Digital Economy Act and the online harms Bill are so important. To use the fact that Part 3 does not deal with pornography on social media as a reason not to implement the legislation that we have already passed is quite absurd, especially as the draft Bill has not even started pre-legislative scrutiny. It will be at least three years, and probably four to five, by the time the online harms Act and its attendant legislation and regulator are ready to deliver—significantly longer than it would take to implement Part 3. Let us do it.

I welcome the fact that the Government have committed to work to

“identify whether there are actions that can be taken more quickly to protect children before the Online Safety Bill comes into effect”.

This is music to my ears. Without age verification now, preventing young people viewing pornography is like trying to get a drug addict off heroin while at the same time giving them heroin. We are in a place where we can take robust action in relation to pornographic websites immediately, as an interim measure, while we develop the best possible online harms Bill to address the growing social media challenge. Will the Government do so for the sake of our young people and take action to halt this scourge on society and young minds now?

[The Parliamentary Under-Secretary of State, Department for Education and Department for International Trade (Baroness Berridge) (Con)]

My Lords, I am grateful to the noble Baronesses for their contributions and for outlining the common theme of the questions I have been asked about the RHSE curriculum. In fact, we have been acting on the WESC report from 2016. That was the beginning of the development of the new curriculum, which was updated from the 2000 curriculum. We have been working very hard since 2016, so the noble Baroness, Lady Wilcox, can be reassured that we have taken action and have been developing that curriculum. We responded to the contributions from teachers that they wanted resource and help. There is a portal for teacher resources, and various webinar-type training sessions have been run as well.

Even though we have all lived through the pandemic, the RHSE curriculum, which is compulsory in all schools —private, independent and state-funded—was brought into effect in September 2020. We gave schools some flexibility about how they introduce it—for instance, there has been a requirement for them to consult with parents on the curriculum and the resources during the pandemic—but as of September this year they need to be delivering that curriculum. A great deal of work and effort has gone into developing appropriate support for teachers, but we recognise that Ofsted’s review asks us to go even further, saying that teachers do not have the confidence to teach this curriculum, so we are working to see what more we can do on the portal and to support teachers to deliver this curriculum.

I am pleased to learn from the noble Baroness, Lady Wilcox, that the Welsh equivalent of Ofsted will now be doing a review following the publication of the Ofsted review. I thank Her Majesty’s chief inspector and her team for doing such a swift and thorough review, and I thank the 900 young people who took part, talking to the team and discussing matters that were perhaps not the easiest to discuss.

The Government have responded to feedback on issues of peer-on-peer abuse going back to about 2016, when schools responded to the annual Keeping Children Safe in Education consultations by saying they were not confident in dealing with the issue of peer-on-peer abuse manifesting particularly in sexual abuse and sexual harassment. We updated the guidance: there is now a chapter on this particular matter, and there is stand-alone guidance on peer-on-peer sexual harassment and sexual abuse in schools. We have developed that as a response to the sector. Although the Ofsted review makes recommendations relating to the other statutory guidance, Working Together to Safeguard Children, there was no specific requirement, because we have been working hard with the contribution of the sector year on year.

As I said, the guidance is out for consultation each year—one year for technical consultation and the next for substantive review. We have responded to that. That is not to say there is not more we need to do. There are issues around the low-level concerns, and that spreads beyond the peer-on-peer abuse and into workforce/children issues: what do you do when you have low-level concerns that are below the threshold for report? How do you deal with those disciplinary matters? We will be looking at low-level concerns.

On the issues to do with online safety, the online safety Bill will, of course, come with pre-legislative scrutiny, so noble Lords will have an opportunity to look at that in detail. The Secretary of State has also asked the Children’s Commissioner, Dame Rachel de Souza, to specifically look at the issue of access to pornography. I will take back specific questions on Part 3 of the Digital Economy Act, which I was not, unfortunately, familiar with, to see about that issue.

The Office for Students is asking universities to review their practices on how they deal with these allegations and how they fulfil their duties to protect students while they are on campus. As far as I am aware, this is inspected as part of the new Ofsted framework. It came in when Ofsted was not there, if I remember correctly, from September 2020, but Ofsted came back in some form and is now back fully. As the noble Baroness, Lady Benjamin, mentioned, the ISI was also involved on the reference group for the review, I believe. We are working closely and there are recommendations on how it is to conduct its own inspections, its training of inspectors and making sure that it talks to young people about these issues—not just bullying and other things but grasping the nettle when it is in schools to talk appropriately to single-sex groups of pupils while it does its inspection.

It is a learning process. We are not starting from nothing. As I say, there has been a lot to do and we have worked very hard on guidance to try to aid schools in this role. The NSPCC helpline is also open until October for young people who have posted on Everyone’s Invited to phone and get the appropriate help and be put through to appropriate agencies, if that is needed. There are also recommendations in terms of the safeguarding partnerships which we put into statute, requiring the police, health and the local authority to work together, and the review asks them to reach out to schools, as they are increasingly part of the process for schools to safeguard their students by referring specific concerns.

This is very much a sense check for us at the moment as to what has been going on. Yes, we have been appalled by the levels, but we are grateful to have had this moment when they were revealed. The review is just one part of a work in progress. We should not underestimate this and I am grateful that the review pointed out the need to professionalise the role of the designated safeguarding lead in our schools. Those people do an amazing job, often dealing with workforce/children issues, with peer-on-peer issues and with children’s social care issues. We should not underestimate what is expected of them in what they are trying to deliver in schools for us. It was clear to me when I met some head teachers the strains that there are on DSLs. They often have to look at these images and then go home to their families: it is a really difficult job. We are looking at the model of the SENCO to see what more we can do to professionalise the DSLs, but I pay tribute to our schools: they really are doing their best to deal with this issue.

Peer-on-peer abuse is very difficult, particularly when a lot of this is not in the criminal justice system. That leaves schools adjudicating, sometimes on issues that may be criminal but do not go down the criminal justice path: how do they protect the victim instead of the criminal justice system? It is a very difficult behaviour and safeguarding issue in our schools and it will be a work in progress to help them fulfil those duties to safeguard our young people.

[The Deputy Speaker (Baroness Barker) (LD)]

We now come to the 20 minutes allocated for Back-Bench questions. I ask that questions and answers be brief, so I can call the maximum number of speakers.

[Lord Berkeley of Knighton (CB) [V]]

My Lords, I welcome this review. I was very struck by the fact that we have heard a lot of discussion, in the press and else- where, about child-on-child abuse, but I shall confine my points to the occasions when children feel uncomfortable in the presence of teachers, in specific circumstances. Obviously, when you are teaching PE—gym, for example, and dance—there will be some sort of contact, but there will usually be other people around, and a lot of ballet schools now have glass windows.

What I am particularly concerned about is the fact that the teaching of instruments, in particular string instruments, tends to be a one-on-one activity. Given the financial constraints on teaching music at the moment, it is not going to be possible to have a second person there—a chaperone, if you like. Although I know that windows are being considered, I think there is a preferable alternative.

I base my comments after consulting a distinguished violinist, Madeleine Mitchell, who informed me that it is often necessary for a violin teacher to demonstrate something by moving a pupil’s arm or touching their hand. That is because the angle of the bow is absolutely crucial when playing a string instrument; there is no way around that. Would the Minister endorse and take back to her department the advocacy of video, which has three advantages? The first is that it discourages the abuse of pupils. Secondly, it gives the teacher some position of fallback if he is falsely accused of abuse. Thirdly, it is a fantastic teaching device because people can replay a lesson and see what mistakes they are making. I wonder whether the Minister thinks that these are good ideas.

[Baroness Berridge (Con)]

My Lords, in relation to the Keeping Children Safe in Education guidance I have outlined, it was changed fundamentally in, I think, 2014 to become a framework document so that schools and institutions know their duties and can put in place the policies they need for their particular setting. There are different risks in a rural primary school from those in a busy secondary school in an urban setting. It will be up to schools to frame particular lessons so that the instances the noble Lord outlined can take place. However, I recognise that there are specific issues related to PE and music lessons, particularly given the dynamic in specialist institutions. The noble Lord will probably be aware that that was a concern of the Independent Inquiry into Child Sexual Abuse, which had to investigate whether it was something to do with that particular environment. However, Keeping Children Safe in Education gives all schools the framework to put in place for their setting and for particular subjects, so that they can work out how to keep children safe.

[Lord Lucas (Con) [V]]

My Lords, I declare my interest as editor of The Good Schools Guide. A good pastoral system is effective and open, particularly with regard to communication within the school, so that everyone feels comfortable about talking to teachers and pupils alike. It is effective and open about taking action when something goes wrong so that everyone knows what has happened, what is being done and how the matter is to be resolved. It is also effective and open in its liaison with parents and outside agencies so that the whole problem is treated, not just the little local bit which has appeared within the school.

The Government can make a substantial difference in this regard by requiring Ofsted and the Office for Students to keep their eyes open. We will come back to that in one of my amendments to the skills Bill. That will enable schools to know that this issue is going to be looked at, so they will keep it at the top of the list of things they are trying to do. They will know that this is something that cannot be neglected. As the noble Baroness, Lady Benjamin, said, this has been going on for a very long time, but it has just been ignored or accepted as something that it is hard to talk about. A real opportunity has been provided by the Everyone’s Invited website. This is a moment when we can change things and we should take advantage of that.

The Government also need to provide a structure for sharing best practice because it is really quite hard to get this right on your own. A school needs to have the confidence to reject bad advice. Indeed, that is needed at university as well. Look at all the problems that universities have had in dealing with students with mental health issues and the knots they have tied themselves in because they have not understood what the correct procedures are when a student is in severe distress.

A number of charities are circulating material to schools that is actively against involving parents and actively against going to outside safeguarding agencies, as well as being greatly biased against girls in terms of their relationships with their fellow pupils. This sort of problem needs to be dealt with by the Government, because only the Government can provide that security of reaction and the confidence that you are doing something right. You cannot ask schools, with all the pressures on them, to try to discern the difference between good and bad advice coming at them from charities and pressure groups. I hope my noble friend will confirm my reading of the Statement: that the Government will be doing just that.

[Baroness Berridge (Con)]

My Lords, on the cultural points my noble friend references, schools are reflecting wider society so he is right that we need to recognise that there is a role for everyone. The guidance is really clear that safeguarding in a school is everyone’s responsibility. Everyone should be given chapter 1 of KCS and they all should read it, and that means the cleaner and the caterers as well as the teaching staff. There should be an environment within a school where a young person can share with any appropriate adult, and they should know what their obligations are. The guidance is really clear that school staff—whoever they are—should never assume that something has already been reported and it is someone else’s responsibility.

Schools know that they are going to be inspected on this. One of the four pillars of the Ofsted 2019 framework is very clearly around safeguarding. Each pillar stands and is assessed separately, so if you are inadequate for safeguarding you will fail an Ofsted inspection regardless of your educational performance. That is really important for those schools, some of which were named by Everyone’s Invited, that have very good educational records and yet have been found by reports on Everyone’s Invited to be lacking in terms of culture, particularly in respect of girls.

As Minister for the Schools System, I can say that sharing best practice is what the multi-academy trust system is all about. It enables groups of schools to have robust safeguarding training and safeguarding leads that share best practice and concerns regarding pupils as they move from one phase of education to another.

[Baroness Gale (Lab) [V]]

Does the Minister agree that more work needs to be undertaken to discover the root cause of why boys are showing such contempt and disrespect towards girls, as sexual abuse and harassment against girls seems to be out of control? I mention girls particularly as the majority are girls, although we know that some boys can be affected as well.

In the last few days, I have been speaking to girls I know very well and asked them about this. I was quite shocked at what they told me. It starts at high school, and it goes on through university and beyond. I said, “Well, how often does it happen?” The reply was, “Every time we go out.” That is what girls have to put up with.

I was going to ask the Minister if she was aware that the Welsh Government have recently agreed to undertake a similar review, but my noble friend Lady Wilcox mentioned this. So, will the Minister agree to work with the devolved Administrations to develop a comprehensive programme to ensure that girls and young women can feel safe in education, wherever they live or study?

[Baroness Berridge (Con)]

My Lords, the Everyone’s Invited platform and the subsequent review by Ofsted reveal that there has been a normalisation—mainly by girls—and acceptance of certain behaviours that are actually unacceptable. We have got a task on our hands to unpick how that is happening, how that behaviour is being exhibited in the first place and how they are then accepting that it is normal or acceptable behaviour, when it is not.

One of the main planks we have introduced is the RSHE curriculum, which will explore issues around consent and will hopefully give young people an understanding of what is and is not a healthy relationship —between adult and child as well as peer on peer— although this may take some time to embed with young people. Other noble Lords have mentioned teacher training. Time is being set inside on an Inset day, because obviously, you need to train the entire workforce as quickly as possible in relation to these cultural issues.

[Lord Storey (LD) [V]]

Further to this review, will action be taken to ensure that consent, which the Minister just mentioned, is taught consistently as part of relationship and sex education in schools, and to ensure that teachers are supported in accessing any additional training they may need to address this issue effectively for pupils—both boys and girls? Although I obviously welcome the outcome of the review and its recommendations for schools, this is also an issue for society as a whole. Will the Minister work with colleagues across government to ensure that the new violence against women and girls strategy can deliver the wider cultural changes that we so desperately need?

[Baroness Berridge (Con)]

My Lords, I assure the noble Lord that work is going on across government. The strategy he outlined is obviously being led by the Home Office, and I had the pleasure of meeting the Minister leading on this, Victoria Atkins. As a result of her intervention, we have changed and updated the definition of child sexual exploitation in our guidance to make sure that we are working together on this. This is a journey for all of us in terms of how we deal with the prevalence of violence against women and girls. The domestic abuse legislation is landmark legislation in outlawing coercive control and hopefully getting better societal understanding of the nature of abuse.

[Baroness Uddin (Non-Afl) [V]]

My Lords, I welcome the Statement and the report. However, there is a lack of reference to stakeholders from black and minority ethnic communities, including Members of Parliament, who have expertise and may have been consulted.

The domestic violence legislation was a watershed moment for Parliament, as was the Government’s leadership in their determination to root out violence against women and families. Throughout, we heard repeatedly how endemic violence and abuse are in our homes, and that they have permeated our societal structures and norms. We cannot put aside the role of schools and colleges—and, indeed, some police officers —in not investigating matters as they should.

As a former children’s social worker, it pains me to ask why we are aghast, given our years of such debates in this House—as the noble Baroness, Lady Benjamin, cited—and the work of charities to highlight the many aspects of adult violence, which inevitably results in children experiencing and witnessing much violence and abuse. Many of those children subsequently also undertake bullying, sexual harassment, abuse and online threats in schools, colleges and universities.

I have not read the whole report at the moment, but I acknowledge that the pressures on resources are significant. How do the Minister and the rest of the Government intend to collaborate with local authorities and national women’s and children’s rights organisations to consider the recommendations of the report to prevent further immediate harm to children?

In the meantime, will schools and colleges provide access to counselling and have anonymous structures for receiving reports? Of course, I note what the Minister says about safeguarding being everybody’s business. What steps are the Government taking to ensure that children and parents are made aware that they will be believed and, as the report says, to prevent children seeing sexual abuse and harms as being so common that they see no point in reporting them?

--- Later in debate ---

[Baroness Berridge (Con)]

The noble Baroness is correct that young people need to know that, when they come forward, they will be listened to and taken seriously. As soon as staff in our schools are aware of any of these issues, they know of the guidance and should be able to act on that. The noble Baroness is also correct that of course we also need to make sure that there is help for the boys—it is mainly boys—who are involved. Obviously, our main tool there is the RSHE curriculum, but I am of course aware that schools involve other charitable institutions to try to support them when they have a young person who needs some specialist help to unpick their attitudes towards girls. That is embedded as well in part of the behaviour policy; it is a safeguarding and behaviour issue in a school.

If the harm that the noble Baroness outlines is taking place at home and is domestic abuse, schools are actually the second largest referrers to children’s social care. Those issues should be going to children’s social care through referrals from the schools’ designated safeguarding lead. The noble Baroness is correct that we need to make sure that local authorities are working on this, which is why Ofsted has a specific recommendation that the local safeguarding partnerships should reach out to engage with schools. If schools need to provide counselling, resources are available through school funding to provide any specialist support that they believe is necessary.

House adjourned at 7.41 pm.

Covid-19: Children

Baroness Berridge Excerpts

Thursday 17th June 2021 Lords Chamber

[The Parliamentary Under-Secretary of State, Department for Education and Department for International Trade (Baroness Berridge) (Con)]

My Lords, I thank the noble Baroness for spending her time here in the Chamber today, on her birthday, to debate this issue. As she acknowledged, her Motion is wide ranging, but I will attempt to stray into the other departmental areas that have been outlined by noble Lords today. I do hope, however, that the noble Lord, Lord Coaker, does not decide next year that it is his turn to put down a wide-ranging debate on his birthday.

I assure noble Lords that the Department for Education is aware of their passion and ambition, as well as the scale of the challenge. This is central to our main purpose as a Government: to help level up and build back better from the pandemic. Although I cannot give the noble Baroness, Lady Morris, and the noble Lord, Lord Coaker, a cheque from the Treasury, the Prime Minister has made it clear that there will be more money coming down the track. Children and their educational recovery are a priority as we look forward.

The noble Lord, Lord Coaker, also challenged the Government in his impassioned speech on whether what we are doing will work. I assure noble Lords that the extensive recovery package is underpinned by its evidence-based nature. We have decided to invest over £1 billion in one-to-one and small-group tutoring, some delivered through tuition partners and academic mentors, and some through school-led tutoring. We have decided to prioritise that because the evidence tells us of the months of catch-up that this will deliver for young people. That is a key thread for us.

Some £500 million is also to be invested in professional development and support for teachers. The noble Baroness, Lady McIntosh, asked whether we really needed to know that having the teacher in front of the student was a priority. In education, there is a clamour for funding lots of excellent things, but we are clear on the importance of having the teacher in front of the child and that giving them professional development, including through the early career framework, which will begin in full this September, and enabling investment in mid and senior-level leadership, is an appropriate way, based on the evidence, to spend this money at this time because it is one of the ways to enable our children to catch up.

We have also realised in the light of the evidence that certain cohorts of disadvantaged children seem to have been more greatly affected by the lockdown. That is why tutoring is a pillar directed at them. We also know that schools need more in order to support children with special educational needs and disabilities, which is why, within a number of the planks of the recovery package, the funding is weighted towards such children. As I have told noble Lords before, that began with the £650 million pupil premium and has continued with the £302 million recovery premium and with the summer schools. In answer to the question from the noble Lord, Lord Coaker, I can assure him and other noble Lords that we are funding what the evidence tells us will work to help these children catch up as quickly as possible.

The noble Baroness, Lady Massey, and my noble friend Lord Moynihan talked about the centrality of children, children’s rights and the place of children now. As noble Lords will be aware, the family test was introduced in 2014. It incorporates the family explicitly into domestic policy-making and ensures that potential impacts on family relationships are taken into account.

As I am sure noble Lords are aware, the Secretary of State for Education is the Cabinet member in charge of driving family policy through. A number of noble Lords—the noble Baroness, Lady Tyler, and my noble friends Lady Wyld and Lord Bourne—mentioned the development of the family hub model and its importance. We have just finished procurement for a national centre for family hubs, and we are investing £14 million in that initiative. Local models are delivering, and we know we need to spread that best practice throughout this country.

The noble Baronesses, Lady Morris and Lady Bennett, my noble friend Lord Moynihan and the noble Lord, Lord Woodley, mentioned the importance of physical education for children’s well-being. That is why we have opened up a bidding fund of £200 million for summer schools, and well over 80% of schools have asked to be involved in that.

I assure noble Lords that in my role in the department, when I look at schools and the successful schools in our country, I focus on those with a disproportionate number of SEND children and of free school meals children, such as Dixons Allerton Academy in Bradford and Ark St Alban’s Academy in Birmingham. Over 70% of Ark St Alban’s children are on free school meals, and it achieves great educational outcomes for children. That is what we are pointing to.

When we look at funds such as the summer school funds, I also look at why certain schools have not bid, to check what is happening. Sometimes, when schools are under stress and in crisis, they might not even have the capacity to ask the department for money. I check to see what is happening to the funds we place, whereas other aspects of the recovery package, such as the initial £650 million, went out through the normal funding mechanism from the department.

We have shown that we are ready to deliver for our children. As a number of noble Lords mentioned—the noble Lords, Lord Shipley, Lord Patel and Lord Winston, and the noble Baronesses, Lady Garden and Lady Morris—an important part of what we have sought to deliver for children in that recovery package has been the remote education package. We have funded Google Classroom or Microsoft Education for more than 6,000 schools.

I know that some criticism has been levelled at the department’s provision of laptops and connectivity to children. By August 2020 the department had delivered 220,000 laptops. It may not be the most glamorous part of the department to talk about, but I have the privilege of overseeing the department’s commercial function. It is too easy to forget that during the first lockdown, there was a massive disruption in the global supply of technology products. Virtually the whole world—I use that term not accurately but as a turn of phrase—was seeking to buy laptops. The department’s commercial function, enabling us to purchase and distribute 1.3 million laptops, was no mean feat in the circumstances we faced.

Am I therefore saying to noble Lords that that was perfect? No, of course I am not, but we rose to that challenge and also provided 75,000 4G wireless routers. We spent £400 million on this overall. Many noble Lords will be aware that many of our mobile phone companies also rose to the challenge and offered free data to so many children. This provision was in addition to the 2.9 million laptops and computers that existed before the pandemic started. We have really sought to rise to that challenge.

For instance, a recent initiative from the department, Connect the Classroom, is trying to get some, particularly rural, classrooms, the speed of broadband they need to deliver remote education. We know that many teachers went above and beyond to assist parents in helping their children to access and use the technology that we have provided. As the Prime Minister said, there is more coming down the track, but a huge amount of money—over £3 billion now—has been put into education recovery support. That is on top of an uplift announced in 2019 of £14.4 billion going into schools overall.

Of course, many ideas, for instance the review of the school day—which my noble friend Lord Bourne and the noble Baroness, Lady Garden, mentioned—were the work of Sir Kevan Collins. We reiterate our thanks and respect for his work and the time that he spent assessing needs. But there were various views on the extension of the school day and the noble Lord, Lord Winston, expressed the concern of teachers. Beside the financial implications, we have now put out a short consultation about that with teachers and other stakeholders.

The noble Lords, Lord Jones, Lord Patel and Lord Woodley, mentioned skills. We are aware that youth employment prospects have been disproportionately affected by the economic fallout. The ONS data continue to highlight the significant impact of the pandemic on the labour market and unemployment is expected to continue rising during 2021. That is why the Chancellor announced support for jobs and skills, with a focus on young people, in the summer economic update of July 2020. The plan included the £2 billion Kickstart scheme to create hundreds of thousands of new, fully subsidised jobs for young people aged 16 to 24 on universal credit, and a £900 million investment to scale up employment support schemes and double the number of work coaches to 27,000.

The noble Lords, Lord Patel and Lord Jones, also mentioned technical digital skills. I am extremely proud to be the Minister taking the Skills and Post-16 Education Bill through your Lordships’ House. At the same time, we have introduced T-levels, a high-quality alternative to A-levels. Over 250 employers have determined the content of those T-levels, so students can gain the best knowledge, practical skills and grounding in their first career. I assure noble Lords that the first T-levels will include digital skills. Noble Lords may be aware that we have also rolled out a new thing called a digital skills boot camp, which is a 12-week programme to enable people to retrain. We are about to launch a second wave of those.

The noble Lord, Lord Patel, also noted the importance of STEM subjects. I share his enthusiasm in this area and emphasise that, over recent years, we have seen an increase in girls taking STEM subjects at A-level and are committed to seeing that increase continue. As Minister for Women, I also had the particular pleasure of meeting young women who have taken those courses and STEM apprenticeships. The new specialist sixth-form colleges for 16 to 19 year-olds, focusing on maths, have a specific target for outreach to increase the number of girls taking maths, further maths and physics at those institutions.

I turn to another plank of this debate, namely health. We are aware of the unacceptable variations in health outcomes for children across the country, both in geographical and population groups, and of the differences between some of the most deprived areas compared to the least. For instance, emergency hospital admissions for children under five can be 38% higher.

Early years was mentioned by the noble Baronesses, Lady Wyld and Lady Andrews, and the noble Lords, Lord Rooker and Lord Watson. We have set up the Healthy Child Programme for nought to 19 year-olds, which is universal in reach, but personalised to the health inequalities in the early years of life. This programme is designed to identify and treat problems early and help parents to care well for their children, change and improve behaviour, and prevent preventable diseases.

There is also the focus on physical activity as part of health and well-being, which I mentioned before and I believe was also mentioned by the noble Baroness, Lady Bennett. We have announced more than £10 million of funding for schools across England this academic year to enable them to take part in existing schools sports and swimming activities outside school hours. I will take back the specific request by the noble Baroness, Lady Andrews, for a meeting about the evidence on the extension of the school day. I also have the pleasure of being responsible for the out-of-school settings part of the department’s work.

We have also launched Tackling Obesity: Empowering Adults and Children to Live Healthier Lives, an overarching campaign to set out measures to get the nation fit and healthy, which will protect against Covid and help the NHS. Noble Lords will be aware that the sugar tax was recently introduced and funds from it have been funding additional PE support in our schools.

I assure the noble Baroness, Lady Morris, and my noble friend Lord Moynihan, who mentioned the office for health promotion, that it will be under the professional leadership of the Chief Medical Officer. It will work systematically to tackle the top preventable risk factors to improve public health and reduce health inequalities.

Another important area raised by my noble friend Lady Wyld is perinatal health. The NHS Long Term Plan includes a commitment to enable at least 66,000 women with moderate to severe complex perinatal mental health difficulties to access specialist, evidence-based care in the community by 2023-24.

When I sit here in your Lordships’ House, listening to noble Lords, I am working out who has been speaking about what. The most frequently raised issue has been child mental health, mentioned by the noble Baronesses, Lady Morris, Lady Massey, Lady Ritchie and Lady Chakrabarti, the noble Lords, Lord Davies, Lord Winston, Lord Watson, Lord Bichard and Lord Patel, my noble friend Lord Bourne and two noble Lords whose names I cannot read because of my terrible handwriting and who I will write to afterwards.

There has been a particular impact on young people’s mental health so, on 10 May, during Mental Health Awareness Week, we announced £17 million to improve facilities in schools to support mental health. More than 7,800 schools and colleges in England will now be able to train a senior mental health lead from within their staff, and there will be additional funding to local authorities so that they can continue to offer training and advice from mental health experts to schools and build on the Wellbeing for Education Return programme launched last September. Specifically in relation to that programme, the noble Lord, Lord Winston, mentioned teachers’ well-being. That programme was designed not just for pupils but for staff as well.

That sum is in addition to the £79 million announced in March to boost children and young persons’ mental health support in response to the pandemic by increasing the number of mental health support teams in schools and colleges to around 400 schools and colleges. That will cover an estimated 3 million children and young people by 2023. Furthermore, we have a mental health in education action group working within the department, led by my honourable friends the Minister for Children and Families, Vicky Ford, and the Minister for Universities, Michelle Donelan. I was in a school recently where a staggering 70% of the children had had a significant bereavement, so I do not want to underestimate what has been facing our schools as they have gone back. What I have outlined on mental health support is in addition to the NHS long-term plan.

The noble Lord, Lord Coaker, in his impassioned speech outlined the issues to do with inequality. Providing support for vulnerable children and young people is a priority for the Government, which is why the DfE leads a cross-government response to safeguard and protect vulnerable children and young people. It is important in this regard to look at the investment that is going into the early years; we know what can happen if children do not get that good start, as in the Andrea Leadsom review into the first 1,001 critical days. That is why we are screening for language development and development generally between the age of two and two and a half, as the noble Lord, Lord Wyld, outlined. The family hub is catching that, to enable children to be school ready. That is why we are also investing £153 million in the early years workforce and why, in the third lockdown, the early years settings remained open—and all credit to them in the work that they have done.

Of course, families come in all different shapes and sizes. The noble Baroness, Lady Drake, rightly brought to our attention kinship carers. I shall write to her in more detail. We are working to ensure that local services are joined up across government and locally. As the noble Lord, Lord Bichard, noted, there is no single published strategy for vulnerable children. However, through the pandemic the DfE has led across government to support that, and has reported to the Cabinet Office since April 2020. That has cemented cross-government working, including with Ofsted, PHE and NHS England.

Alongside vulnerable children, we are aware that the pandemic has been particularly challenging for children with special educational needs and disabilities,. I thank the noble Baroness, Lady Brinton, who brought up that important area. We have invested £42 million in that area and resourced the Family Fund with more than £27 million to get that support, by way of a grant, to families on low incomes and to those children who have special educational needs and disabilities.

The noble Baronesses, Lady Blower and Lady Brinton, talked about the pupil premium. For mainstream and special schools, we will now base the pupil premium funding for 2021-22 on October rather than January census data. That does not mean that the pupil premium funding is decreasing; on the contrary, we expect pupil premium funding to increase to more than £2.5 billion a year. As a result of those changes, a typical school will receive an increase in their pupil premium funding for this year.

I am fast running out of time, but I want to respond to the point from the right reverend Prelate the Bishop of Leeds about young carers. We offered a school place for vulnerable children, but this has been a difficult situation for young carers, with their caring responsibilities often increasing during the pandemic due to their particular circumstances. Obviously, many of them got the free school meal vouchers and many of them would have had a computer, but I shall write to the right reverend Prelate to outline in more detail the specific support for young carers.

The noble Baroness, Lady Sherlock, and the noble Lord, Lord Coaker, both spoke powerfully about child poverty. I do not think that anyone here accepts that we should be complacent about that—we are not, and we fully recognise the profound impact that the pandemic has had on many of the poorest families. The noble Baroness, Lady Chakrabarti, highlighted the fact that hunger is a scourge on our society. Obviously, there has been an increase in universal credit. We spend more than £110 billion a year—we did last year—on in-work benefit support, and there was the £500 or so working tax credit support, which was the equivalent of the £20 a week that we gave in additional universal credit support. There was also the £229 million given to local authorities to deal with particular needs, which was ring-fenced mainly for bills and food. So there has been considerable support.

As noble Lords may be aware, figures came out today on free school meals, with 1.7 million pupils now eligible for a school meal, which will save families around £400 a year. In addition, around 1.3 million infants in school will benefit from a free school meal, and, obviously, free school meals were extended to disadvantaged students within the FE sector. Overall—although there were teething problems, we can politely say—the Edenred voucher scheme, whereby we paid the face value of the voucher and not more than that, was worth more than £470 million.

Before I close, I agree wholeheartedly with the noble Baroness, Lady Blower, that period poverty is a societal ill. That is why we have made free period products available for state-funded primary and secondary colleges in England. The scheme is demand-led, which means that schools and colleges can order the products when they need them. I believe—I am going from memory here—that we have also extended the same provision in our prisons to those who need them there.

I thank noble Lords for their contributions. I want to make it clear that the passion, ambition and determination are there in the department. We are collecting the evidence and we know how much children need to catch up, not just academically but on those social skills that many noble Lords outlined. They also need to catch up on those relational skills where they have missed out, and in terms of their physical activity and well-being.

The noble Lord, Lord Bird, spoke about those in temporary accommodation, as many noble Lords have today. I have friends in a two-bedroom flat; there are two adults and three children, with no outside space. When one knows such families, it is shocking to see the decline in the health and well-being of young people when they have not been able to get out. We have always made it clear in the guidance to schools to use outside space as much as they can to improve the health and well-being of their students.

I am grateful to all noble Lords who have contributed. I have obviously not mentioned all of your Lordships, but I think some of you will be found on my WhatsApp message as somebody who will receive a letter from the department.

Children with Genetic Conditions: Specialist Support

Baroness Berridge Excerpts

Tuesday 15th June 2021 Lords Chamber

[Baroness Eaton (Con) [V]]

On behalf of the noble Lord, Lord Farmer, and with his permission, I beg leave to ask the Question standing in his name on the Order Paper.

[The Parliamentary Under-Secretary of State, Department for Education and Department for International Trade (Baroness Berridge) (Con)]

My Lords, we are committed to help all children, including those with genetic disorders, to recover from the impact of lost learning during the pandemic. Following the most recent announcement on education recovery on 2 June, we have now allocated over £3 billion to children and young people. We are targeting those resources to support those in greatest need; for example, special and alternative provision schools will receive additional funding to ensure one-on-one tutoring for their pupils.

[Baroness Eaton (Con) [V]]

I commend the Government on their growing support for family hubs. The original Breakthrough Britain report recommended these, high- lighting their role as a one-stop shop for families with disabled children, which would greatly help those with often very debilitating genetic conditions. Can my noble friend the Minister advise the House of what plans there are to expand the remit of family hubs to include this?

[Baroness Berridge (Con)]

My Lords, a number of family hubs are already in operation but the department has just finished procurement for a national centre for family hubs as part of the £14 million allocated to this. Part of that role will be to ensure that best practice is spread across England. The noble Baroness is correct that these centres should be a hub of voluntary, statutory and other services for families, including those with special educational needs and disabilities.

[Lord Watson of Invergowrie (Lab)]

My Lords, the head of Ofsted has highlighted that children with special educational needs and disabilities have incurred some of the biggest learning losses from schools closing, noting:

“Many have genuinely gone backwards in basic skills, language, numbers”.


This is because too many seriously ill children did not receive—and in some cases are still not receiving—adequate support for their disability or medical condition through health services or school, despite having education, health and care plans. What consideration have the Government given to the need for a therapies catch-up plan for children who have regressed or plateaued in their speech, communication, physical development or social skills due to the pandemic, as called for by the Disabled Children’s Partnership?

[Baroness Berridge (Con)]

My Lords, it is indeed correct that some of the learning lost has been greatest for those with special educational needs and disabilities. That was one of the reasons why, during both of the lockdowns when schools were closed, places were still available for many of those young people. They should now be accessing all the therapies and additional support that the plan says they should receive. The recovery package has the flexibility that some of the money is per-pupil and, therefore, schools can buy in the additional specialist support that the noble Lord outlines.

[Lord Shinkwin (Con)]

My Lords, the absence of a diagnosis or late diagnosis of 22q11 deletion syndrome means an inevitable impact on children’s educational support and outcomes during their school years. Can my noble friend the Minister shed some light on work that she may be doing with the Department of Health on the Government’s plans to increase the number of conditions included in newborn screening for specialist support, in line with other countries, and what consideration has been given to the inclusion of 22q11?

[Baroness Berridge (Con)]

My Lords, as I understand it, this is the second most prevalent genetic disorder after Down’s syndrome. I will take back to colleagues at the Department of Health the request as to whether it is included in screening. This disorder apparently has a wide spectrum of effects, so some of those children are never identified during their school career, but the education, health and care plan should support them if they do exhibit a need for extra support. Diagnosis is not a precursor to having an EHCP; many are diagnosed, some within mainstream provision in schools and some in specialist provision.

[Lord Austin of Dudley (Non-Afl)]

My Lords, will the Minister hold a meeting to listen to representatives from the National Society for Phenylketonuria and young people with the genetic condition PKU so that the Government can learn more about the impact this has on children, their health and education, and consider what more the Government could do to help them? Would she be good enough to invite her counterpart from the Department of Health to join such a meeting as well?

[Baroness Berridge (Con)]

My Lords, noble Lords are wanting to put me in touch with my colleagues at the Department of Health today. I will take back that request, but I repeat that one of the key visions behind the 2014 reforms was that when a child exhibits a need for support they do not wait for diagnosis or any of that: schools or the family can get an EHCP and get the support in place that the child or young person needs.

[Baroness Brinton (LD) [V]]

Over the last year, children with genetic conditions that give them severe physical and/or learning disabilities and who are extremely vulnerable to Covid have often had no school, no carers coming into their homes and no short breaks or respite. Education, health and care plans are designed for the whole child, so does the Minister agree that short breaks and respite are vital for children in order to address high levels of family exhaustion? Has the department made an assessment of whether local authorities and CCGs are able to sustainably fund them?

[Baroness Berridge (Con)]

My Lords, the noble Baroness is correct that during the periods of lockdown the pressure on these families was immense. Parliament has passed legislation—in 2011, I believe—putting a statutory requirement on local authorities to look at the provision of short breaks for children with those needs and their families. We have given support during this period, particularly to families of those with special educational needs, and through Family Fund for those families on low incomes, amounting to around £27 million. Obviously, part of recovery and catch-up for schools is helping precisely the children the local Baroness outlines.

[Baroness Stuart of Edgbaston (Non-Afl)]

My Lords, catching up with lost learning will require the support of not just professionals but volunteer organisations and families. Will the Minister therefore make sure, together with her colleagues at the Department of Health, that organisations such as Max Appeal, which care particularly for children with 22q11, get the support that is tailored to their very specific needs?

[Baroness Berridge (Con)]

My Lords, the department funds a range of voluntary organisations through the £42 million that helps, for example, to deliver whole-school SEND, as well as providing support through the Family Fund, but I will ensure that the noble Baroness’s request is taken back to the department to ensure that we are aware of the full range of voluntary organisations. Of course, during this time local authorities have also had £6 billion of unring-fenced money to support the kind of organisations that the noble Baroness outlines.

[Lord Hunt of Kings Heath (Lab)]

My Lords, I would like to add to the list that the Minister is going to take to the Department of Health and Social Care. This is about CAMH services. Clearly, the last 12 months have been very difficult in terms of providing CAMH services, but there is evidence that for some of the children involved this has now become a very urgent need. I wonder if she could discuss that matter with her colleagues.

[Baroness Berridge (Con)]

My Lords, we work closely with them because of the nature of the work involved in EHCPs, and we cannot underestimate the effects of this period. During Mental Health Awareness Week, we announced £17 million that should allow 7,800 schools to have a lead mental health practitioner within the school to provide the kind of support needed. By making school places available during lockdown, we allowed school leaders to identify vulnerable children who needed to come into school for all kinds of reasons, including mental health issues.

[Lord Wigley (PC) [V]]

My Lords, I draw attention to my registered links with Mencap. The Disabled Children’s Partnership, which has been mentioned, has estimated that almost half of disabled children have lost confidence in communicating because of a disruption or delay to speech and language therapy during Covid, a factor not adequately addressed in the Government’s education recovery plan. Will the Government, as a matter of urgency, please adjust the plan to meet the complex needs of such children and their families?

[Baroness Berridge (Con)]

My Lords, the noble Lord is correct that early years and language development were greatly affected during the lockdowns. That is one reason why early-years settings were kept open—because of the nature of that education provision. We have allocated £18 million to early-years language development, including £8 million to the Nuffield Early Language Intervention, and I believe that the majority of primary schools have signed up for that. We are funding the initiatives that we help believe can help those children to catch up.

[The Lord Speaker (Lord McFall of Alcluith)]

My Lords, all supplementary questions have been asked.

Skills and Post-16 Education Bill [HL]

Baroness Berridge Excerpts

2nd reading
Tuesday 15th June 2021 Lords Chamber

Moved by

[Baroness Berridge]

That the Bill be now read a second time.

[The Parliamentary Under-Secretary of State, Department for Education and Department for International Trade (Baroness Berridge) (Con)]

My Lords, first, I thank those who contributed to the debate following Her Majesty’s gracious Speech, when we first discussed this Bill. I also thank noble Lords who attended the recent briefing with departmental Ministers. For the benefit of noble Lords contributing remotely, I note that the Parliamentary Under-Secretary of State for Apprenticeships and Skills is physically present with us in the Chamber today. I also look forward to hearing the maiden speech of the noble Baroness, Lady Black of Strome, and it is wonderful to see the priority given to the Bill by the noble Baroness, Lady Wilcox, who is speaking today on her birthday. I am glad to see a common desire to look at skills reform and further education. I look forward to the debate that we will share, and I welcome the scrutiny that the Bill will be placed under.

We can all agree that skills and post-16 education needs its moment in the spotlight, both in Parliament and in communities across the country. We talk about the forgotten 50% of people who do not go to university; today, we are giving this policy and the people it affects the attention they deserve. We can see today the vast challenges facing the nation. Covid-19 has significantly impacted the economy and shown us how urgently we need a resilient, highly skilled workforce. We all see the clock ticking towards 2050, when we have committed to reaching net-zero carbon emissions, and we are all aware of our need to succeed as an independent trading nation, following our departure from the European Union.

This is also the perfect opportunity to think about what constitutes our nation. Is it one big city, or a couple of big cities? No, it is a diverse set of communities, families and individuals, with different ambitions and potential. This means that we need to match opportunities with the talent that we know can be found across the country. We need to ensure that people can succeed without feeling that they have to move to one of the big cities. This past year’s extraordinary transition to flexible working for many has only proved this further. We have a duty to make sure that the skills provision offered in people’s home towns meets their needs and ambitions and that of employers, so that everyone has the opportunity to realise their full potential and find success, wherever they live and whatever their background.

The evidence is clear: we have a problem in the balance of education. Only 4% of young people achieve a qualification at higher technical level by the age of 25, compared to a third who get a degree or above, yet 34% of working-age graduates are not in high-skilled employment. No wonder more parents would now prefer that their child gain a vocational qualification than a degree. University is a great option for some but not the best option for everyone, and it should not be seen to be the only pathway to success. My honourable friend, the Parliamentary Under-Secretary of State for Apprenticeships and Skills often tells me how inspired she is by the learners she meets on visits to colleges and further education institutions—people who have found their vocation and their way of success through technical education.

Philip Augar’s 2018 Post-18 Review of Education and Funding made the call for parity of esteem between further and higher education. I take this moment to offer my congratulations on his recent knighthood in the Queen’s Birthday Honours List. The review set out the case very clearly for a genuine choice, for everyone, beyond the fantastic opportunities offered through our world-class university system. I also pay tribute to the noble Baroness, Lady Wolf, who served on the review’s panel. The Government have listened to this call; the Skills for Jobs White Paper, published earlier this year, set out our vision to reform post-16 education and training. We will prioritise flexibility, accountability and quality, and we will put employers at the heart of the system, building on what we have done with apprenticeships and T-levels, so that individuals can know what their qualification leads to, and employers can have confidence in them. Given that 80% of the workforce of 2030 are already in work today, it is essential that we have a flexible system for adult retraining which supports people to progress in their careers.

We want our reforms to work for everyone, which is why we are working with noble Lords, including the noble Lord, Lord Addington, to ensure that we support those with special educational needs to access the improved skills training and education that our reforms aim to deliver. I take this opportunity to thank the noble Lord for his dedication, challenge and advocacy on this issue, as well as our other FE ambassadors, who have brought a breadth of knowledge and enthusiasm to our discussions.

The chair of the Education Select Committee, the right honourable Robert Halfon, called the White Paper a “sea change”. The Association of Colleges noted that it

“recognises the vital role that colleges and further education will play in levelling up for people and places whilst tackling long standing concerns about stagnating productivity”.

Employers such as the Co-op welcomed our reforms.

We know that to deliver the reforms successfully requires funding. That is why we have backed up the White Paper with £2.5 billion towards the national skills fund, £1.5 billion to improve the college estate, and £650 million extra into further education for 16 to 19 year-olds. The White Paper sets out our comprehensive programme for reform, and the Bill before us will provide the necessary statutory underpinning for change.

The Bill is divided into three sections that support the principles of the White Paper. First, it aims to provide a framework for ensuring that skills and post-16 education leads people towards a great job. That is why we are creating a statutory underpinning for local skills improvement plans, which we will shortly be trailblazing in some local areas. By putting employers and their representative bodies at the heart of the post-16 skills system, we are focusing on meeting local skills gaps and prioritising training in growth sectors. This will ensure that employers have the skills they need to drive growth in local areas; it will support opportunities for learners to get good jobs and help the existing workforce to retrain. This will help us get rid of the idea that career success can be found only in a big city.

Relevant providers will need to have regard to these plans when considering their technical education and training offer. These changes will also be supported by a new duty on further education institutions to review their provision to ensure that it meets local needs. In addition, the Bill supports the provision of the advanced technical and higher education skills the country needs by creating a strong link to employer-led standards. The Bill will reform the technical education system so that it is high-quality, stable and coherent. It does this by giving the Institute for Apprenticeships and Technical Education powers to approve new categories of technical qualifications, simplifying a system in which there are currently over 12,000 qualifications. The Bill also gives a statutory footing to the collaborative relationship between the institute and Ofqual.

Perhaps the major plank of the Bill is that it supports the introduction of the lifelong loan entitlement, as part of a flexible lifetime skills guarantee. This measure will be rolled out from 2025 and will give all adults access to the equivalent of four years of student loans for higher-level study at levels 4 to 6. The loans will be able to be used flexibly, full time or part time, for modules or full qualifications and for provision in colleges or universities. At the moment, maximum amounts for funding are set in relation to an academic year. The Bill will make it clear that maximum loan amounts can be set in other ways. The Government will consult on the details of the lifelong loan entitlement, including on how best to support students with the living costs of study, and whether equivalent and lower qualifications restrictions should be amended to support retraining and stimulate provision.

The ambition is to replace the two existing systems that offer government-financed loans to learners studying at levels 4 to 6 with the single LLE system. These two existing systems of higher education student finance and advanced learner loans provide funding support for different types of courses. The lifelong loan entitlement aims to create a simpler and clearer system, but it will require extensive operational changes to the student finance system and the types of course available, which is why it will be rolled out from 2025. It is the step change in the system that will give people the opportunity to upskill, retrain and reskill, providing the alternative to the notion that a standard three-year degree is the only route to success and giving people the flexibility to change their future.

Of course, it is important to ensure that there is sufficient provision for lower-level qualifications. That is why, separate from the Bill, the Government’s adult education budget will continue to fully fund courses in English and maths up to and including level 2 for adults who have not previously attained a GCSE grade C or, in new currency, grade 4. The national skills fund funds adults to complete their first level 3 qualification alongside the new skills boot camps.

These reforms mean very little if education or training provision is not of the highest quality. That is why the second part of the Bill proposes powers to make regulations to improve and secure the quality of FE initial teacher training by shaping the market for that provision. This power will be used only if these improvements cannot be achieved through working collaboratively with the sector. The Bill will also make it clear that the Office for Students has the ability to make assessments by reference to absolute student outcomes. This will give confidence that the same standard can be applied across all higher education providers and for all students, while continuing to take into account context and individual circumstances.

The third part of the Bill aims to ensure there are sufficient protections in place for learners. It will allow the Government to introduce a list of post-16 education or training providers. To be on this list, providers will need to meet conditions aimed at protecting learners against the negative impacts of potential provider failure. This issue, which relates particularly to independent training providers, was raised in this House during the passage of the Technical and Further Education Bill in 2017. I am glad to bring a solution to this issue back to the House today. This section of the Bill also gives powers to the Secretary of State, who took his place on the steps of the Throne as I began, to intervene in the statutory further education sector where local needs are not being met, or to direct mergers or structural change where that is the best way to secure improvement. Alongside the final part of the Bill, it will improve the efficiency of the FE insolvency regime. One of the strengths of the FE market is the flexibility of its provider base. These measures will give the impetus for this flexibility to be used to protect learners and provide education and training that has this clear path towards the labour market.

I am delighted that this Bill is before us today. We have an opportunity to begin the process of transforming opportunities for young people and adults. Events of the past year have shown us how important skills and further education will be to our recovery as both an economy and as a nation. As noble Lords have often said, this has been the Cinderella of the sector for too long. This reform is long overdue, but is only one step on a longer journey. We will work to ensure that the 50% of people who do not go to university will no longer be called “forgotten” and stuck in what are wrongly called “forgotten towns”. Instead, we will make skills and jobs available to everyone, wherever they are. This Bill will help provide those learners with high-quality provision, protection and the skills and education that can transform their lives. I beg to move.

--- Later in debate ---

[Baroness Berridge (Con)]

My Lords, I thank noble Lords for their contributions today; I appreciate the expert knowledge that they bring and the many passionate speeches. As the noble Baroness, Lady Garden, said, I hope I have retained some of my rationality during this interesting debate.

I begin by giving a special thanks to the noble Baroness, Lady Black, for her maiden speech. Like my noble friend Lady Morgan, I am the beneficiary of a touch typing course, which has stood me in good stead. I was fascinated to hear of the career of the noble Baroness, Lady Black, in forensic anthropology—but, as one of the more squeamish Members of your Lordships’ House, I do not need to know anything further. I wish her well, and hope that she enjoys her time in this House as much as I do.

I turn now to the points that noble Lords have raised. But given that there have been 50 speakers, as was outlined by the noble Baroness, Lady Young, I am afraid that the department will be writing some letters after I have concluded.

Before I turn to the specific questions, many of your Lordships followed the lead of my noble friend Lord Willetts, including the noble Lord, Lord Blunkett, and my noble friends Lord Baker and Lord Cormack. I am the beneficiary of the wisdom of previous holders of junior and Secretary of State positions in the department, in that my homework has been corrected: there is no artificial distinction between vocational, technical and academic—no sense that one is better than the other. We are trying to achieve a system where they all have parity of esteem, where the institutions that teach these qualifications have parity of esteem and where the quality of all those qualifications is there.

The reforms in the Bill are aimed at bringing the system closer together and the lifelong loan entitlement, for instance, will bring together all the funding support for learners—that is, level 4 to level 6—wherever you might be studying that. One can also look at the system at the moment and see that there is not a conflict or a battle between FE and HE—the Government do not desire that at all. We recognise the collaboration there is. When we look at the recent introduction of institutes of technology, we see that they have been a collaboration; the university technical colleges of my noble friend Lord Baker have also been a collaboration, as have been the recent specialist maths sixth-form colleges, with universities involved in 16 to 19 provision. So the system is not even that twofold—just FE and HE. We will also fund T-levels, A-levels and other high-quality academic and technical qualifications for young people and adults at level 3. This will ensure that, whatever option learners choose, they will have a pathway to success.

A few noble Lords mentioned being disqualified from access to LLE. If you want the funding for level 4 and you are accepted by the institution to study that, it does not matter if you do not have level 3 or level 2. That is how universities have operated for a while: they sometimes have different access routes. Therefore, although obviously we have the funding situation for levels 1 and 2, you will have that entitlement. If you get accepted on a course at level 4, you will be in the lifelong loan entitlement pot. There is no prerequisite that you have to have level 3. However, of course we recognise the value of those qualifications, as many noble Lords have said, and therefore the advanced learner loans will still exist for level 3 courses that are not the 400 courses that we are currently funding if you do not have the full entitlement or if you have the full level 3 entitlement and want to do something different. I hope that clarifies that everyone will have that lifelong loan entitlement between levels 4 and 6.

On the measures in the Bill on local skills improvement plans, I agree with my noble friend Lord Taylor on the importance of localism. The local skills improvement plans are putting employers at the heart of the skills system in a way similar to the apprenticeship situation and the T-levels that we have designed. Many noble Lords talked about that tension: someone has to be in the driving seat here. There cannot be a cast of thousands but there needs to be appropriate consultation. So the Government have decided that these will be employer representative groups. To clarify to the noble Baroness, Lady Bennett, we did not define them as businesses but as employers. That might be the big local hospital, or a university might be an employer for that purpose rather than just being the provider. They are well placed to have that convening role, including of course the SMEs, in their local area. As the right reverend Prelate the Bishop of Leeds highlighted, their involvement is crucial.

My noble friend Lady Morgan asked what the Government envisage ERBs to be. We consider them to be independent bodies designated by the Secretary of State to develop local skills improvement plans. They are capable of developing that plan in an effective and efficient manner and many noble Lords talked about the future—the noble Baronesses, Lady Morris and Lady Lane-Fox. The plans have to be dynamic and will include not just existing skills but what the future for the local area looks like. I want to reassure the noble Baronesses, Lady Coussins, Lady Janke, Lady Henig, and the noble Lord, Lord Watson, that in Section 4 the relevant providers are not just FE and HE; they include the schools that are delivering post-16, as well as the independent training providers. So the educators are included, and it is supposed to be a dynamic relationship between the employer representative body and the relevant providers that, as I say, we have outlined.

On a point raised many hours ago by the noble Baroness, Lady Wilcox, the mayoral combined authorities will be engaged in developing the local plans. The White Paper talked about the fact that they will be consulted on this and, as I mentioned, we have these trail-blazers that we have recently procured, so we will know the particular areas where we will be starting there. They will help to shape the local plans.

However, one reason to have local skills improvement plans is the gaps we have at the moment. The noble Earl, Lord Shrewsbury, referred to this position for parts of Shropshire, in such a dynamic region as the West Midlands. There will be a local skills improvement plan across the country and it is obvious to state, but perhaps I need to say it, that not everyone has a mayoral combined authority. As noble Lords have often said, we do not have a settled, defined geography out there for many things—our police authorities, our local government—so this is where “local” will be defined by the local employers coming forward. Many of the current trailblazers have come with the endorsement of local government or, where relevant, the mayoral combined authority.

The noble Lord, Lord Patel, the noble Baroness, Lady Coussins, and the noble Lord, Lord Triesman, asked how the local skills improvement plans will interact with national strategies. They will be informed by the national skills priorities, as highlighted by the Skills and Productivity Board; that will remain. The board will undertake expert analysis of the national skills that we need to inform government policy.

The noble Baroness, Lady Morris, asked what powers the Government have should businesses take a back seat and rest on their laurels. If the ERB does not comply with the set conditions, the Secretary of State may not approve and publish its skills improvement plan and could remove its designation. Obviously, it goes without saying that all the powers of the Secretary of State are subject to criteria for judicial review. These powers must be used in a proportionate manner, et cetera; they are obviously not an absolute power.

The noble Lord, Lord Stunell, and the noble Baronesses, Lady Sheehan, Lady Young and Lady Bennett, talked about the importance of green jobs and net-zero carbon. We expect the LSIPs, led by the employer-represented bodies with that link to the national strategy, to look at what future green jobs are in the area. An element will be national because of what needs to happen with household boilers, as I think the noble Baroness, Lady Bennett, mentioned, so there will be an interconnection there.

The noble Baroness, Lady Wilcox, and the noble Lord, Lord Curry, raised questions on local needs. It is about the needs of the learners and the employers in a local geographic area served by the college. The noble Lord, Lord Bradley, questioned the centralisation here, but what we are saying here is that we are allowing “local” to define itself. We have not said that it has to be the local authority area, the MCA area or the LEP area. There is a dynamic here to areas being able to say, “This is the area that we, as employers, need to look at.” The plan will be an important point of reference.

As the noble Lord, Lord Curry, spoke, I mouthed “Newton Rigg”. I am aware that there have been issues in relation to the provision of land-based education in that part of Cumbria. I regularly see questions about it, so I will happily engage with him if I can offer any further assistance.

I reassure the noble Lord, Lord Storey, the noble Baroness, Lady Garden, and other noble Lords that the purpose of the section of the Bill dealing with technical educational qualifications, which includes a lot of hospitality within that sector, is to simplify the approach to regulations between the institute and Ofqual. The two bodies already work effectively together. They are effectively collaborating; we are embedding, or perhaps futureproofing, it so that they carry on working in the way that they do at the moment. In the legislation, we are extending the technical qualifications that IfATE can regulate but Ofqual will continue to have independent regulatory oversight of technical qualifications in live delivery. The legislation will bring the treatment of technicals more in line with A-levels and GCSEs, where the content is subject to regulatory scrutiny. Obviously, we have been talking to Ofqual during preparation of the Bill.

Extending the institute’s power will raise the quality bar and ensure that the majority of these qualifications, like apprenticeships and T-levels, are aligned to employers’ standards. This will place the employers’ voice at the heart of the system. We are creating a clear progression pathway for learners and there will be an opportunity for Parliament to consider the details of the regime when the regulations are laid.

It has become clear today that a lot is happening around this legislation; this is the statutory underpinning to the skills White Paper, but we also have the consultation that has just finished on level 3, the call for evidence on level 2 and the consultation on the details of the lifelong loan entitlement. Turning to that, I confirm to the noble Baroness, Lady Wilcox, that it is our intention, as outlined in the Explanatory Notes, to bring forward amendments to the lifelong loan entitlement ahead of Committee. I can also confirm to the noble Lord, Lord Bichard, that the LLE will be available to be used from levels 4 to 6. The noble Baroness, Lady Wilcox, also mentioned the funding of level 3. As I have outlined, that is covered by the national skills fund and there are now the boot camps—flexible courses for up to 16 weeks. As I have said, that is in addition to the availability of the ALL and bursary support fund for level 3 qualifications.

Many of your Lordships, including the noble Lords, Lord Bichard and Lord Watson, and my noble friend Lady Wyld, raised questions on the detail of the LLE ahead of the upcoming consultation. We will do that as soon as possible during the passage of the Bill. I am not able to give a clearly defined timeline on this, but the consultation will cover questions on, as the noble Lord, Lord Watson, mentioned, maintenance credit transfers; the noble Baroness, Lady Garden, and many other noble Lords mentioned the ELQ rules, which will also be within the consultation. I am happy to ask officials to set up briefing sessions with noble Lords once the consultation has been launched.

Many noble Lords, including the noble Lords, Lord Shipley and Lord Curry, my noble friend Lord Cormack, and the noble Baroness, Lady Lane-Fox, asked about the introduction date of the LLE. As well as the consultation, we have got a lot of work to do with the Student Loans Company to co-design a system capable of delivering the required operational changes, and we will introduce secondary legislation to enable the LLE to function. This, as I have outlined, is the whole pot for level 4 to level 5, so there will of course be changes. Once you release the maximum loan amount for the academic year, that has a knock-on implication for that which it already funds—mainly the level 6 undergraduate degree. We have got to get this right operationally and, unfortunately, it is going to take more time than we would ideally like.

The question of part-time study was raised by the noble Baronesses, Lady Lane-Fox and Lady Greengross. I have to say, having been to a graduation at Birkbeck university, I was overcome by emotion seeing people getting their degrees, many with their families and children there. The decline in part-time study and adult education is a great shame, and I thank my noble friend Lord Willetts for his humility in accepting that it is something that we are seeking to put right. One of the main purposes of this is to ensure that the loan entitlement enables that modular, part-time learning to begin again. But I accept the questions raised about how adults access loans, as opposed to young people; I am sure there are behavioural scientists looking at how we get people to take these loans up.

In response to my noble friend Lord Willetts and the noble Baroness, Lady Stowell, the LLE will be available regardless of where you study—it will be “institution blind”, as I think another noble Lord said. It will be based on the level of qualification you are studying, not which institution you have selected to study in.

On the parts of the Bill that relate to initial teacher training, as I have outlined to the noble Lord, Lord Watson, the powers we are taking are to deal with the small part of the market that is not producing the quality that it should for initial teacher training for FE. Once we have worked in collaboration with the sector, if we still need that power, we will use it, but we want to make sure that the quality is there.

I believe the questions raised by the noble Lord, Lord Knight, relate to the current review of the ITT market for school-based training, and so I will ask officials to write to him, as that is outside the scope of this Bill.

On that note, there were other matters, as this Bill sits quite narrowly within a framework of a lot of other interconnected issues. I will deal with a few of those in the time I have left.

I am very grateful again to the noble Lord, Lord Addington, and the right reverend Prelate the Bishop of Leeds for highlighting the importance of special educational needs and of using the assistive technology to support FE learners with SEND. This is an important part of the Bill. Obviously, the figures for those with SEND show that a higher proportion of them go into technical or vocational qualifications or into FE institutions.

The noble Lord, Lord Storey, asked about alternative student finance. We are considering a student finance project that is compliant with Islamic finance principles in parallel with the post-18 review of education and funding. That review is due to conclude alongside the next multi-year spending review, so we will provide an update then. I know that that is an issue that has been talked about for a number of years.

Of course, many noble Lords raised questions about apprenticeship funding. Again, apprenticeship levy funding is not part of the scope of the Bill, but £2.5 billion is available this year and the funds available to levy-paying employers are available to be transferred down the supply chain. We are working on the apprenticeship levy to ensure that it is meeting those needs. Most employers who pay the levy might not spend all of their funding, and they can fund apprenticeship starts in smaller employers. We will make improvements to support employers offering more apprenticeships and to make them more flexible through accelerated front-loading and flexi-job apprenticeships and making transfers easier. We also have a specific piece of work on the sector that the noble Lord, Lord Puttnam, is in—that is the creative industries—where apprenticeships have been difficult because there is not one employer and people are going from project-based work.

The importance of careers advice was mentioned by many noble Lords, including the noble Lords, Lord Patel, Lord Addington and Lord Bichard, the noble Baroness, Lady Garden, and my noble friend Lady Morgan. Obviously, that is not within the Bill, as far as I am concerned, because we do not need statutory underpinning for that. However, I recognise that the Bill is sitting in this wider framework of connected issues, and we have given £100 million to the National Careers Service and the Careers & Enterprise Company this year.

On the perennial issue of cross-government working, which was mentioned by many noble Lords—particularly the noble Lords, Lord Puttnam and Lord Patel, and the noble Baroness, Lady Coussins, and my noble friend Lady Stroud—and also came up in one of our meetings in advance of today’s Second Reading, we are looking to answer those questions, so I will write to noble Lords about the interconnection of this with the benefits system. It is not straightforward to answer in a Second Reading debate how we can ensure that it connects properly, but I will write to noble Lords.

In relation to the specific question on the Kickstart scheme, I am told here that universal credit claims are eligible if the claimants are aged 16 to 24 and meet the relevant conditions. We are working with DWP to turn those as well into apprenticeships when it is right for the employer and that young person. I hope that answers the specific question posed by the noble Lord, Lord Storey, but if it does not, I will write further to him.

Obviously, I have read the concerns of the noble Lord, Lord Johnson, in the Times, which I think were more properly addressed to the Treasury in relation to the finances. The issue was also raised by the noble Baroness, Lady Blackstone, and that will also be passed on.

In conclusion, I wholeheartedly agree with the statement by the noble Lord, Lord Puttnam, about the importance of the Bill. The imperative is the need now for us to follow through, to fund this and to deliver it. I beg to move.

Bill read a second time and committed to a Committee of the Whole House.

House adjourned at 8.09 pm.

Education Recovery

Baroness Berridge Excerpts

Tuesday 8th June 2021 Lords Chamber

[Baroness Garden of Frognal (LD)]

My Lords, I agree with so much of what the noble Lord, Lord Watson, just said. I thank the Minister for the Statement, but I do not think there is much we have not heard before. She often tells us with pride about the £1 million here, the £200 million there, even £14.4 billion—how have I forgotten that, when it is so close to Sir Kevan Collins’s ask? This all begins to add up to real money, but where is the overview, the strategy, the cohesion? I suspect we might have found it in Sir Kevan’s review, had we had the chance to study it before the Government trashed it. I am sure he appreciated being thanked before resigning because of the decimation of his proposals, but then, he consulted real experts and, as I pointed out in my question yesterday, which the Minister wisely ignored, this is not a Government who respect experts, to their shame and to the loss of the rest of us.

I do not suppose that even the Education Secretary’s best friends suggest he is an education expert, so how good it would have been for him and the Government to have taken heed of real education specialists. If the Government genuinely thank Sir Kevan for his efforts, his thoughts and his input, why on earth are they not implementing his well-researched proposals? Of course, tutoring is most welcome. The children who will have lost out most are those from families without the time, technology or education to help them with home lessons and learning. The Minister has told us about the thousands of computers and iPads given to the deserving poor but, for many of them, these will have been useless without tuition. We heard of many families having to share a single piece of kit between numerous students, but without any person to talk them through.

On the tutoring scheme, where are these tutors coming from? Will they be the hard-pressed teachers being asked to do yet more? Or will they perhaps be university students, keen to earn some money while close enough in age but, we hope, superior in wisdom, for the youngsters to feel an affinity? What plans are there to make up all the social parts of school that the noble Lord, Lord Watson, referred to—mixing with others, learning teamwork and how to win, how to lose, how to make friends and how to befriend your enemies? Where are the proposals for the softer skills of school, so vital in life? Where is the careers information and guidance? I could find nothing in the Statement about that.

As the noble Lord, Lord Watson, said, we know the detrimental impact the pandemic has had on the mental and emotional well-being of children and young people, so will the Government take action to evaluate mental health service provision in schools and allocate enough resources to bolster these services and address shortcomings in provision? Research by the Carers Trust shows there has been a worrying decline in the mental health of young carers during the pandemic. What are the Government planning to do to support the educational and emotional recovery of young carers? We hear that many children return to school having forgotten how to sit in a class for an hour, how to pay attention and even how to hold a knife and fork. How are the Government helping them?

How kind to offer more training for overworked teachers. Most teachers are pretty well trained already, and of course there is always room, if not time, for more training, but would our wonderful teachers, who have gone over and above in lockdown for their pupils, not perhaps appreciate some extra pay as a thank you? I declare an interest as the mother of a primary teacher who is working all the hours God gave to ensure that her little four year-olds continue to learn and, perhaps even more importantly, to enjoy learning. Because school should be fun: learning should be exciting and accessible and the youngest children need to find that that is the case so that they really catch the bug of lifelong learning. If the Government are so intent on investing in teachers, why not pay them more?

So, my verdict on the Government is: “Could do better”. Give us the holistic picture. We can see that vast sums have been spent, but could they not have been spent more cohesively, more helpfully and in a more targeted way? These are the next generations, the young people whose skills, knowledge and enthusiasm will be sorely needed to help us through the aftermath of the pandemic, not to mention Brexit. They will be needed to help revive the economy, take the jobs that are needed, not necessarily the ones they wanted, and to be adaptable. I see little in the Statement to show that the Government appreciate the size and breadth of the job that needs to be done.

[The Parliamentary Under-Secretary of State, Department for Education and Department for International Trade (Baroness Berridge) (Con)]

My Lords, I repeat the thanks of the Government to Sir Kevan for his work. Actually, there is great scrutiny of this—this is the second opportunity that noble Lords have had to scrutinise it. I am so very grateful to the Private Notice Question procedure in this regard. In relation to his plan, tutoring and the teaching element were part of his recommendations, as part of an overall strategy. I assure the noble Baroness that the strategy is about evidence-based interventions, and it is clear from the information we have from Renaissance Learning that some students in autumn 2020 were, on average, behind by three months in maths and two months in reading. We know that months of catch-up can be done using tutoring as an intervention, whether that is one-on-one or small group. This is an evidence-based part of the strategy and has been part of the recovery package from the beginning, so it is important that it now has about £1 billion worth of funding and includes about 6 million interventions for children.

Noble Lords will have seen the Prime Minister’s comments that this will not be the last word. Obviously, recovery is for the lifetime of this Parliament and it will be part of the forthcoming spending review. Of course, there will be the analysis needed of any extension to the school day or timetable. At the moment, many schools have flexibility on the hours they have in the school day, but the impact on the workforce and all other details need to be taken into account. That is why there will be a consultation or review of that element of the package before any changes are made.

The noble Lord and the noble Baroness mentioned targeting. Throughout the pandemic, vulnerable children were offered a school place, and I think that was unusual across most jurisdictions. We did keep and see, with the work of teachers and outreach, increasing numbers of vulnerable children taking up those school places during the pandemic.

Well-being is obviously a key part of the recovery for children and young people; the noble Baroness outlined the social skills they have missed. As noble Lords will be aware, transition points are particularly important and can be very challenging at the best of times. That is why there is the summer schools programme —a £200 million pot of money—which around 80% of secondary schools have bid into to provide not just education but wider activities, physical exercise and well-being. Over 80% of secondary schools have applied to that pot to provide this provision for their forthcoming year 7 pupils.

I cannot remember the precise amount offhand, but there has been a significant planned investment into CAMHS—child and adolescent mental health services. There has been an investment of £17 million, announced during Mental Health Awareness Week, and one of £79 million, because we are of course aware of the rising demands on schools in relation to mental health, pastoral and bereavement issues at the moment. I spoke today to someone who had visited a large secondary school where, I think, 30 children had lost their parents. These are significant issues, and we are investing to enable over 7,800 schools to have a trained-up senior mental health lead within the school staff. We have been investing in that.

Of course, every year there is the pupil premium, and £2.5 billion has been put in through that this year. I do not think that one should underestimate the flexibility there has been. Although some of the money is targeted, we gave much of the £650 million universal catch-up premium to schools with flexibility so that they have been able to buy in extra pastoral support and do more enrichment activities. We are trying to get that balance between the targeted, and the £200 million that is for summer schools only, and the general school budget, as school leaders know more about the needs of their children.

On the NAO report, the pupil premium and children in tutoring, throughout the pandemic, because of its dynamic nature and employment issues, it was important that school leaders were allowed to classify children as vulnerable. That may be because they did not have the internet access that they should for remote learning, because of caring responsibilities or because of the situation at home. It is not possible to say that it was precisely 44% using the classic measures, but school leaders are using their best judgment. There can be all kinds of reasons why a child needs tutoring because of the totally unpredictable way that the pandemic has affected particular households, so we entrust school leaders to make those decisions. That is not to say that we do not analyse the statistics, but we are aware of the discretion that we must give school leaders.

Our focus in the department is on children. The raison d’être of what we are doing, day in, day out, is to try to enable children to catch up. It is a dynamic picture, as noble Lords are aware. We have now had three reports from Renaissance Learning. Noble Lords will have seen today the additional investment going into the north-west. It is only now, when the tsunami is, I hope, permanently retreating, that we will see the differential impact that the pandemic has had.

On the role of experts, the department is continually engaging with stakeholder groups and teachers, including the unions, school leaders, SEND experts and others, to get their views on what is needed to help children catch up.

On teacher training, there was in fact consideration of delaying the introduction of the early career framework in September, but there was a call from the teaching workforce that it should come in then. The early career framework is important, which is why we are investing in it and guaranteeing that, in the first two years, 10% of time is not in teaching and can be used for mentoring. In the first year, 5% of teaching time will not be in the classroom, so can be for mentoring. There was a desire for that to come in, as it is important.

With what has happened during the pandemic, the professional development of our teaching workforce may, in certain circumstances, have taken a back seat, with all the emergency provision that schools have had to make, such as standing up testing and so on. So it is time to invest in the workforce. The NPQs that we are suggesting are being seriously ramped up; the plan was 1,500 a year, but we are going to 30,000 next year and then to 60,000, so we are really investing in the workforce. In relation, for instance, to the demands made on designated safeguarding leads in our schools at the moment, the NPQ for middle and senior leaders is a very important part of supporting teachers. The evidence is there—it can make a difference of about half a grade at GCSE—that it is one of the single most important things that we can provide for high-quality teaching. Professional development generally, but not always, enhances the quality of teaching.

On pay, the noble Baroness is aware that, in September 2020, there was an average pay rise of 3.1% and a 5.5% uplift to the starting salary. We are still committed to introducing a starting salary of £30,000 but, as I said yesterday, we are in a fiscal situation that none of us would want, having had to borrow the amount that we did during the pandemic. Unfortunately, difficult decisions on funding have had to be made.

I am sure that this will not be the last time that I come to the Dispatch Box to answer questions on recovery funding. I pay tribute to the schools, most of which have just gone back, and all that is going on to help children recover from the effects of the pandemic, not just educationally but socially, emotionally and psychologically.

[The Deputy Speaker (Baroness Fookes) (Con)]

We now come to the 30 minutes allocated for Back-Bench questions. I ask that questions and answers are brief, so that I can call the maximum number of speakers.

[Baroness Bull (CB)]

My Lords, as the Statement makes clear, the educational impact has been felt most keenly by pupils from disadvantaged backgrounds and in areas hardest hit by Covid, further entrenching the attainment gap between private and state-educated students. I know that the Minister is engaging regularly with the Independent Schools Council about the role its members can play in supporting state sector students to catch up. However, does she agree that, while many excellent partnerships are in place between private schools and their local state school, the urgent need to address the geographical inequality we have heard about will not be resolved through partnerships based on colocation, given that state schools in the vicinity of fee-paying schools are often already among the better resourced? Will her department take the lead in brokering a strategic programme of digitally based partnerships between the independent and state sectors that would target support on those communities most in need and see the charitable status of independent schools put to good use?

[Baroness Berridge (Con)]

The noble Baroness is indeed correct that getting these partnerships right is important. We often see that the engagement is more strategic when it is between secondary independent schools and their local primary schools, where they can add enormous value. I am about to host a partnerships round table to see where they are successful and where we can spread that best practice. I am keen that we think outside the box. I thank her very much for that suggestion, because this is a time when there is such good will from the independent sector, but we have not managed to plug that into the right place, for various reasons. I will take back the suggestion to the round table.

[The Deputy Speaker (Baroness Fookes) (Con)]

I understand that the noble Baroness, Lady Wyld, has withdrawn, so I call the noble Baroness, Lady Donaghy.

[Baroness Donaghy (Lab) [V]]

The Secretary of State has laid great emphasis on a tutoring revolution. He seemed to link the review of school hours with the spending round, almost as though he was planning a battle with teachers instead of working with them. I hope the Minister can assure us that that is not the case. Surely it would be more productive to concentrate on core funding of a whole school environment, including exercise, extra tutoring and socialisation, instead of the current unhealthy relationship, where limited conditional funding is doled out as if in a master/servant relationship. How will we know what success looks like in the tutoring programme? What measure of independence will there be in that judgment?

[Baroness Berridge (Con)]

I assure the noble Baroness that there is absolutely no intention to have a battle with teachers at all. It is children first and foremost who we all need to focus on at the moment, as well as the well-being of the workforce in schools. As I outlined, much of the money has been given to schools so that it is part of their core schools budget, such as the £650 million we have given and the second tranche of £302 million, which was recovery premium money. They have the flexibility to spend on the array of activities.

On the tutoring programme, through the Renaissance Learning work we are monitoring where students are at in their learning. The contract was properly procured, and it is a sign of good management that we put it out to the market and have saved substantial money on that section of the contract. As the noble Baroness will be aware, there will be no school performance data, but that data will be available to the department and to Ofsted. We will of course track very carefully what the outcome of the tutoring programme is in relation to how much schools buy and the impact it has. I will ensure that the noble Baroness is aware of any publicly distributed data in that regard.

[Lord Storey (LD) [V]]

The tutoring programme is really important to the recovery programme. The best tutoring is where the pupil has a relationship with and an understanding of the tutor. In many cases that is not happening; it is a virtual stranger. Has the Minister thought about how we could improve the tutoring arrangements? I am fascinated by her comment in the Statement that we have the best tutoring system in the world. What empirical evidence do we have to make such a statement?

[Baroness Berridge (Con)]

I am pleased to assure the noble Lord that this third chunk of money for tutoring is being distributed in a different way. One reason is as he outlined. Some £579 million will go to schools for what we are now calling school-led provision. Schools may want to use their existing staff, make part-time staff such as TAs more full-time and use local tutoring, such as retired teachers and so on, in their workforce. The noble Lord is right to say, particularly in the case of many SEN students and vulnerable children, that the existing relationship with a TA, for example, might be the best provision for a student.

Therefore, this £579 million, which is separate from academic mentors and tuition partners through the NTP, will now go to schools. As I said to the noble Lord yesterday, that will provide even greater flexibility to schools that might want to fund other subjects that the tuition partners are not providing in support. More of the arts subjects, for example, could therefore be covered, so there will be flexibility. Around £1 billion is going into tutoring, which is a large sum. I would not want to say precisely in relation to each jurisdiction that it is the top amount, although we are spending a considerable amount on tutoring because the evidence tells us that it will help children to catch up.

[Baroness Falkner of Margravine (CB)]

My Lords, I applaud the noble Baroness for her defence of a policy that I think she recognises is entirely indefensible. She calls for more evidence but have the Government thought of looking at the US, which is spending £1,600 per child, or the Netherlands, which is spending £2,500 per pupil? When she talks about fiscal consolidation, has she thought about the competing pressures on a global Britain, the future of work and the technological changes that will happen? They will require a little bit more spending than £50 per pupil per year.

[Baroness Berridge (Con)]

On technological advance, I will be in front of noble Lords next week talking about schools and post-16 education, which is part of the Government’s skills policy. As I previously outlined, I am nervous about international comparisons. It is appropriate in relation to some of the money distributed, such as the £650 million, which, from memory, is £80 per pupil, and £240 for SEND or AP pupils, because it relates to general schools money. However, one cannot look at the £200 million on a per-pupil basis because it is for summer schools and available only to year 7.

The £1 billion for tutoring is targeted at disadvantaged students and we do not know whether the figures that the noble Baroness outlined include the £400 million that has gone into technology and remote learning for the 1.3 million laptops. Per-pupil funding is not always comparing apples with apples. That is a key part of our strategy. I agree that the pandemic has affected all children and there is a case for amounts such as the £650 million to go to all schools but the evidence that we are getting from different areas of the country on disadvantaged students is why a huge proportion of the money is targeted at them through the tutoring programme.

[Lord Triesman (Lab) [V]]

My Lords, the noble Baroness, Lady Garden, said that the Government could do better. Speaking candidly, I think that they could hardly do worse. I was horrified by the derisory per-capita recovery funding that is to be spent on all children, as the noble Baroness, Lady Falkner, has just said, if they are to recover from the body blows to their education and future prospects. I have little doubt that that provoked the principled resignation of Sir Kevan. I imagine that that is also painful for the Minister, who is an honourable person. It is still worse in the aftermath of Marcus Rashford’s great campaign against childhood hunger, where the Government’s response was so poor.

It is true that the international comparisons stand up; it is fair to compare such things in these circumstances, and the facts cannot be obscured. The United States is going to spend 32 times as much on its recovery for kids as we are, while the Government here spend vast amounts on their friends and donors in this pandemic, rather than on the United Kingdom’s kids. The figures are well documented. What urgent plans does the Minister have in place to review and repair this miserly approach? She has mentioned a contingency plan that the Prime Minister may inaugurate. Is she committing to the money that that contingency plan may demand in the circumstances? Can she say more about the money for further education, where so many 16 to 18 year-olds are now educated?

[Baroness Berridge (Con)]

We will have to beg to differ on international comparisons; I believe I have comprehensively explained our view of those comparisons. As I said, there will be a review of the extension to the school day. In the forthcoming spending review, we will look at the ongoing need for recovery during this Parliament. We have been clear that recovery is for the length of this Parliament, and this will not be the last word on recovery, I am sure.

I turn to provision for 16 to 19 year-olds. Some 75% of colleges are reporting that their students are between one and five months behind. The tuition fund has been bolstered by a further £222 million, in addition to increased revenue funding, bringing the total over those three years to £324 million to enable these students to catch up. We have also made clear that, where appropriate, students in year 13 or the equivalent can repeat the school year, but that is up to school leaders to fund. Importantly, there has been an additional £8 million for vulnerable students who are transitioning to 16 to 19 from alternative provision, to make sure that they get to the right post-16 destination. We had very strong feedback from stakeholders that the first tranche of transition money was useful in being able to secure the correct 16 to 19 provision for those vulnerable young people.

[Baroness Prashar (CB) [V]]

Can the Minister assure the House that early years recovery will be a specific focus and that the amount of pupil premium will be increased in the early years sector to reflect more accurately the influence on children’s lives during this critical stage? Furthermore, will the focus on learning through play, communication skills, literacy and numeracy, and the retention and professional development of early years teachers, be prioritised? Does the Minister also agree that early learning and valuing early education teachers is a much needed, necessary long-term investment and should not be seen as a short-term catch-up?

[Baroness Berridge]

The noble Baroness is correct. There is evidence of loss, particularly for reception and year 1 and in the early years before that. Within the teaching section of this education recovery package, there is £153 million of funding to provide the opportunity of professional development for early years practitioners. That is investment in the workforce. Previously, in the first recovery tranche, £18 million was invested in initiatives such as the Nuffield Early Language Intervention, colloquially known as NELI. We have seen other initiatives, including considerable use of Hungry Little Minds, the department’s campaign to help raise communication skills in that part of our population. There is also BBC Bitesize and other facilities for the early years. Those early years pupils in reception classes within the school system have been part of the main recovery package.

--- Later in debate ---

[Baroness Wilcox of Newport (Lab)]

My Lords, I speak as a former teacher with over 30 years’ front-line classroom experience. Kevan Collins’ resignation is a damning indictment of the Conservatives’ education catch-up plan. He is an expert who was brought in by the Prime Minister because of his experience and expertise, but the Government threw out his ideas as soon as they needed to stump up the money to deliver them.

Labour has a comprehensively detailed recovery plan for our children and young people. Our teachers have had one of the toughest years of their careers, and it is only by supporting them with training to stay on top of the latest knowledge and techniques that we can give children and young people a brilliant classroom experience in these most difficult times. So what more does the Minister plan to do to help teachers and their pupils?

[Baroness Berridge (Con)]

I am grateful to the noble Baroness for her support for the fact that the training of teachers is important. We have outlined in this package considerable support for them, and that will be over the next two to three years. Obviously we are aware of the situation. That is why the review of the school day needs to listen to the views not just of teachers but of the workforce generally. We should not underestimate the strain that has been felt by school business professionals running the money and often overseeing the building with additional demands, and all the administrative and teaching assistant staff who there are in our schools. We will be looking carefully at the extension of the school day.

Unfortunately there have been difficult decisions to make in relation to funding. As I have mentioned to noble Lords, the one-year spending review did not bring any money to the department for any new free schools, including SEND free schools, which is a big indication of where we are. We are hoping for a spending review that will be a multiyear settlement.

[The Deputy Speaker (Baroness Fookes) (Con)]

All Back-Bench speakers have now been called.

Secondary Schools: Arts Subjects

Baroness Berridge Excerpts

Monday 7th June 2021 Lords Chamber

[The Earl of Clancarty]

To ask Her Majesty’s Government what support they intend to provide for education in arts subjects in secondary schools.

[The Parliamentary Under-Secretary of State, Department for Education and Department for International Trade (Baroness Berridge) (Con)]

My Lords, the Government are committed to high-quality education for all pupils, including in the arts. Schools are required to teach a broad and balanced curriculum, which includes promoting pupils’ cultural development. We have spent over £620 million between 2016 and 2021 on a range of cultural education programmes, which we continue to fund this year. This includes the Model Music Curriculum, which supports teachers to deliver high-quality music education.

[The Earl of Clancarty (CB)]

My Lords, can the Minister confirm that the £90 million arts pupil premium, promised last year and due to start this September, will go directly to schools? Secondly, does the Minister agree that proposed cuts to HE funding of arts subjects, based on perceived strategic priorities, are misguided? The innovation this Government wish to encourage will not come from STEM subjects alone, but as much from the creative subjects, and that starts in schools.

[Baroness Berridge (Con)]

My Lords, the Government have had to make some difficult fiscal decisions on the arts premium. As noble Lords are aware, we have no money for free schools this year. That, along with the arts premium, will be in the spending review in the autumn. The Office for Students has just consulted on the request to reprioritise the strategic priorities grant and, as the noble Earl is aware, an extra £10 million will be made available for specialist providers, which includes drama and arts institutions.

[Baroness Bakewell (Lab) [V]]

My Lords, research shows that creative activity, at all levels of education, promotes original thinking across the sciences. Will the Minister take this research on board to press for further positive support for the arts, in this important link?

[Baroness Berridge (Con)]

My Lords, the Government have made clear in all the guidance that we have issued to schools that they should be delivering that balanced curriculum, which includes the arts and cultural activities. We recognise not just the innovative thinking that comes from cultural activities, but the pupil well-being that is often related.

[Lord Addington (LD)]

My Lords, to follow the noble Baroness, arts and creative activity are seen to be a direct enhancer of other subjects. Where is this taken into account when setting targets? If you are to get the best out of this, you will have to make sure that people actively get involved and have opportunities at school. If you do not, you will cut down grades.

[Baroness Berridge (Con)]

My Lords, in relation to input, DCMS recently did a taking-part survey and well over 90% of students have taken part in some kind of cultural activity, ranging from carnivals to music. It is a specific criterion of many programmes, such as the National Youth Dance Company and the national youth music orchestras, to include children with special education needs.

[Lord Lingfield (Con)]

My Lords, is my noble friend aware that, whereas 85% of independent schools have a school orchestra, only 12% of state schools do? Will the Government ensure that the £76 million provided annually to so-called music hubs is spent more effectively to allow more young people to play classical music together? I declare an interest as chairman of the English Schools’ Orchestra.

[Baroness Berridge (Con)]

My Lords, as the noble Lord just heard me outline, we fund through many of these projects, such as the national youth music orchestras. The forthcoming national music plan, with its one-year extension to the music hubs, will take the matters that the noble Lord outlined into account.

[Lord Aberdare (CB)]

My Lords, many secondary schools can provide performing arts education only with the support of specialist external arts teaching practitioners, particularly for dance and drama. Many of these are linked to awarding organisations, validated by the Council for Dance, Drama and Musical Theatre, which offer Ofqual-regulated graded examinations. What plans do the Government have to promote the use of such specialist performing arts teaching by schools, thereby broadening their access to these highly regarded qualifications? How will the education recovery plan ensure that all schools can offer the balanced curriculum that the Government require?

[Baroness Berridge (Con)]

My Lords, it is correct, as the noble Lord outlines, to say that schools need those specialist teachers. Recruitment of trainee teachers is up by 23% and we have no information about a gap in the recruitment of those teachers. Schools are free to use the £650 million universal catch-up and recovery premium as they see fit. If they wish to spend it on the type of provision that the noble Lord outlines, we hope that they will do so.

[Lord Watson of Invergowrie (Lab)]

My Lords, as well as lost learning, Covid-19 has had a major effect on the mental health of children. Arts subjects and activities have the potential to reduce stress and anxiety, and are proven to encourage language development in children, particularly the most disadvantaged. Recently, Sir Kevan Collins—I wonder what became of him—said that

“we need to think about the extra hours not only for learning, but for children to be together, to play, to engage in competitive sport, for music, for drama because these are critical areas which have been missed in their development.”

Does the Minister agree and can she explain why the National Tutoring Programme does not apply to creative and practical subjects?

[Baroness Berridge (Con)]

My Lords, schools offer a number of co-curricular or extracurricular activities. As the Minister responsible for out-of-school settings, I know that much of that activity takes place in those areas. Indeed, the National Tutoring Programme does not deliver as the noble Lord outlined, at the moment. However, a proportion of the tutoring money from the latest and third tranche of recovery money will go directly to schools. As well as being able to spend the universal catch-up and recovery premiums in the manner that schools choose, the school-led aspect of the National Tutoring Programme will enable them to have small-group or one-on-one tutoring in the subjects that the noble Lord mentioned.

[Baroness Benjamin (LD)]

My Lords, the creative industries are facing a challenge in finding young talent to maintain their high profits, which provide over £100 billion to the Treasury. Apart from that, six out of the 10 top skills that secondary students will need for any industry in 2025 are well fostered through the arts subjects and will ensure that they are career-ready in our competitive world. I ask the Minister how the Government are planning to support students today to reach their potential in the world of work in years to come, if creative subjects are not being taught at sufficiently high numbers in schools. I declare an interest as per the register.

[Baroness Berridge (Con)]

My Lords, since the introduction of the EBacc, the take-up of GCSEs in the arts has remained broadly stable. As I believe the noble Baroness is aware, we also developed a pilot project, funded by DCMS, for apprenticeships, which are important in this sector. We are developing this with ScreenSkills as a partner, because people do not tend to have one employer in this sector and move from project to project. We had to pause because of Covid, but we hope to extend the pilot and look again to make sure that there are apprenticeships in this area for young people to take advantage of.

[Baroness Bennett of Manor Castle (GP)]

My Lords, the Minister referred to the well-being benefits of the arts. She is probably aware of the “HEarts survey” published in the PLOS ONE journal in March, which showed that arts involvement is

“associated with higher levels of well-being and social connectedness”

and lower levels of loneliness. Surely, education in secondary schools is essential to set that up. Given the Government’s avowed attention to build back better, should the £90 million arts pupil premium referred to by the noble Earl not be certain and guaranteed, rather than up in the air? Schools are planning staffing now and staff are planning their future careers—they need to know what is happening.

[Baroness Berridge (Con)]

My Lords, all I can say to the noble Baroness is that, unfortunately, we have had to make some difficult decisions in relation to current priorities. An arts premium will be considered in the spending review but, as I have outlined, about £84 million this year has gone into the music hub and various programmes to ensure that provision. I wish we had the ideal world that the noble Baroness outlines.

[Lord Lexden (Con)]

My Lords, I declare my interest as president of the Independent Schools Association, which is made up of over 550 smaller independent schools serving their local communities up and down the country. Following on from my noble friend Lord Lingfield’s question, have the Government noted that, before the pandemic, state and independent schools were working together in over 1,200 partnership schemes involving either music or drama? With so many pupils having missed out over the last year, is this not the moment for the Government to encourage more state schools to work with their local independent colleagues so that the education system as a whole achieves the maximum benefit of collaboration between the two sectors?

[Baroness Berridge (Con)]

My Lords, my noble friend is correct: there are many successful partnerships and I have the pleasure of regularly meeting the Independent Schools Council and other sector bodies, as he outlines. In the next couple of weeks I am holding a round table for precisely that purpose: to see how the existing partnerships could be strengthened and whether we could see an expansion of that activity.

[The Lord Speaker (Lord McFall of Alcluith)]

My Lords, the time allowed for this Question has elapsed. We now come to the fourth Oral Question.