Children and Families Bill

Baroness Brinton Excerpts

Wednesday 29th January 2014 Lords Chamber

[Baroness Howe of Idlicote (CB)]

My Lords, I also put my name to this amendment, and I very much support everything that has been said so far on these issues. I congratulate the Government, and the noble Lord, Lord Nash, in particular, on having listened to what Peers and charities in the Health Conditions in Schools Alliance have said. They have done a great deal to work out a way forward. Again, I will not repeat the many things that have already been mentioned, which are now on the table to be worked out in detail, but the area that perhaps interests me more than any other is the role of governing bodies in ensuring that teachers in schools have the training and expertise that their staff require to cope with situations.

We all know that there is a shortage of qualified school nurses; we hope to hear from the Government how their number might be increased. It is not only that; an area that worries me concerns those with special needs that also involve mental health problems. Those students may well need guidance from an increased number of educational psychologists, among others.

We all want to hear from the Minister what plans the Government have to ensure that this partnership between so many organisations will be delivered to the benefit of children and families generally, so that they will feel—as they have not felt in the past—that they are being supported in the situations that they have to cope with and have always tried their best to cope with. However, they have felt very much that they did not get the help they deserved. I thank the Minister for what he has done so far and hope that he will be able to reassure us still further on some of the areas about which we have concern.

[Baroness Brinton (LD)]

My Lords, I, too, offer my thanks and congratulations to the Minister and the Government for the considerable progress made since Committee and for the frankly stunning indicative guidance. It is not yet out for consultation, but it is extremely helpful. Of course, the problem with providing your Lordships’ House with such prospective guidance is that we all have things that we think could better it. I will not repeat the points that noble Lords have already made, but will add briefly the two or three that I am concerned about.

I reiterate that the guidance must make it explicit that children with diagnosed health conditions are given an individual healthcare plan, even if there are no obvious actions, not least because medical and health conditions change and for a child at school suddenly to have to go through that process, when it was known about at the start, seems rather foolish. It will speed up the planning process and the school’s ability to monitor the child’s health if they are already on the radar of the school.

I particularly like the section in paragraph 39 on unacceptable practice. This is extremely helpful, but there is one glaring omission. Nowhere does it say that schools must take account of a doctor’s diagnosis rather than make their own. In Committee I mentioned a young man who was struggling with severe ME and chronic fatigue syndrome; but because the head did not believe that ME existed, he was given no rest times and was actually excluded because he was unable to take part in sport, which was deemed to be bad behaviour. Despite the fact that his hospital consultant had given the school formal advice, the head chose to ignore it. That is unacceptable bad practice and, in my view, it needs to be included.

That relates also to the ambiguity in the guidance about whether pupils with medical conditions should have individual healthcare plans. We must not have a get-out clause for schools. I hope that the Minister will be able to give reassurance on that point and others that my colleagues have made.

Finally, I give my particular thanks to the Minister and his team for meeting me to discuss my idea about access for teachers with frequently asked questions on a range of health conditions. This is now progressing: discussions are about to start with officials in the Department of Health. I know that the Health Conditions in Schools Alliance already has a date to discuss that and other things with the department in the very near future. When a school nurse is not around, this tool for teachers is going to be absolutely vital. It is not going to be technical and complex but will help to alleviate the fears that a teacher will have if a child suddenly moves into their class with a condition of which they have no experience at all, and if they want to understand both the learning and social implications of such a condition.

[Baroness Young of Old Scone (Non-Afl)]

My Lords, at this time of night I shall be brief and not repeat anything that has already been said. However, I wish to make effusive remarks about the Minister’s response to the case made by the Health Conditions in Schools Alliance and for bringing forward a government amendment to the Bill, for which we are grateful. I thank the Minister for ensuring that the indicative draft of the guidance was available before we discussed this element of the Bill.

I thank the noble Lord, Lord Kennedy, for proposing this very important amendment. He sought a response from the Minister on what happens if a school—schools now have a very clear responsibility to look after these children—fails to get an adequate input from the local health system in terms of support and making plans for individual children. From time to time staff at schools across the country say that they would like to provide a better response in this regard but are unable to do so because they do not get adequate training and support from the local health system. Therefore, this amendment is important as it would reinforce the existing duties under the Children Act—which, alas, are currently ignored—and make sure that a school is not put in the impossible position of having a statutory duty but no means of carrying it out if it is not given the necessary support.

School nurses are important but so are specialist nurses for various conditions because in many cases their specialist knowledge will be required to establish an adequate plan for each child. Therefore, this issue cannot be left simply to school nurses, quite apart from the workload issue that the noble Lord, Lord Kennedy, raised.

I know that this issue is of great concern to the trade unions. It was, indeed, their only stumbling block. I held the mistaken belief that the trade unions were not willing to take up this challenge on an ideological basis. However, their concerns were practical ones. They were very willing to see teachers give this support to children provided they were properly supported and trained to do so. Therefore, the question is: what does a school do if the NHS does not step up to the plate in providing training and support for it?

The indicative guidance rightly talks about the role of Ofsted in ensuring that schools meet this new duty. However, there needs to be further discussion between the department and Ofsted about the latter’s role and what it will be able to do in relation to this issue. The guidance says that inspectors are already briefed to consider the needs of pupils with chronic or long-term medical conditions and to report on how well their needs are being met. However, that was not quite the impression I got when I met the Chief Inspector of Schools a few weeks ago, so clarity is needed about what requirements will be laid on Ofsted, not perhaps in terms of this duty being fully inspected but at least the forthcoming guidance to inspectors should brief them on it. Perhaps at some stage an ad hoc report could be produced on how well the guidance is being implemented. I press the Minister to tell us what a school will do if it hits a brick wall with the NHS.

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Moved by

[Baroness Brinton]

57D: After Clause 81, insert the following new Clause—
“Provision and support for bullied children
(1) The Secretary of State must produce an anti-bullying strategy (“the Strategy”) (and consequential Code of Practice and Statutory Guidelines) for schools and further education institutions on ways of preventing and protecting children and young people from bullying and ensuring effective recovery programmes to counter the consequences of severe bullying.
(2) The Strategy produced under subsection (1) must include a comprehensive definition of bullying.
(3) The Strategy shall ensure cross links between the SEN and Anti-Bullying Codes of Practice and Statutory Guidelines, so that schools are aware that some bullied children and young people will have special educational needs.
(4) Where the impact of bullying results in a pupil or student having social, mental or emotional needs, schools and further education institutions should use the graduated approach detailed in the SEN Code of Practice, but if those needs are complex and will not be met through this approach, then an education, health and care plan should be made.
(5) Where any bullied child or student who has been out of school or further education institution for a period of three months or longer, and who has mental or emotional problems (whether or not they are impacting on the child or student’s learning), the school or further education institution will have a duty to help provide an urgent referral to the child or young person’s local Child and Adolescent Mental Health Service.
(6) A bullied pupil or student who is unable to attend their school or institution, but who is still on the roll, must be brought to the attention of the local authority by their school or institution within three months of starting to miss school.
(7) Where a pupil or student is brought to the attention of the local authority under subsection (6), it has a duty to find alternative provision that is suitable for the pupil or student and their needs, and the pupil or student’s educational establishment has a duty to co-operate with the local authority.
(8) During an inspection, OFSTED will expect a school or institution to provide details of the plan for any child out of school for an extended period who is still on the school roll.”

[Baroness Brinton]

My Lords, first, I thank my noble friend for the helpful meeting and exchange of letters that we have had on this important matter of provision and support for bullied children since Committee. I have laid a much simplified probing amendment in the hope that we can make further progress, given that there was considerable cross-party support for the original amendments.

My amendment falls into four distinct parts. The first three sections all seek to strengthen the definition of bullying and the cross-links between the special educational needs code of practice and the bullying code of practice for all bullying incidents. The new draft definition, which I was kindly shown, strengthens and picks up many of the points in the original amendment. There is one minor omission. The second to last line of the new paragraph refers to how bullying can result in intimidation of a victim through the threat of violence or by isolating them either face to face or online. I am afraid the reality is that we need to insert the words, “as well as actual violence”. Apart from that, the new definition is extremely helpful and I am grateful that we were allowed to see it.

Can the Minister give the House more concrete evidence that, when bullying has happened, a school or college is required to consider the SEN implications for that pupil or student, and that there will be formal cross-links between the two codes of practice? If the Minister can provide that reassurance, it would go a considerable way towards the original amendment tabled in Committee, which asked for all severely bullied children to be considered as having special educational needs. This is because a very large number of children are affected both physically and mentally, because they and their families often seek help from doctors and because at present there is no requirement for children and adult mental health services to prioritise them.

Subsections (4) and (5) of the proposed new clause address that. A child out of school for a period of three months as a result of bullying almost invariably suffers from depression. They can self-harm, develop panic attacks or anorexia or want to kill themselves—and as we know, around 20 a year are successful in killing themselves. Speedy access to CAMHS is vital. Will my noble friend provide reassurance that children in this state can get the help they need, with quick referral? Three months out of school is too long for a pupil to be away from learning and without active support. Will he also confirm that a child diagnosed with clinical depression, whether from bullying or not, would be considered as having a health condition and therefore come under the guidance that we have discussed in the previous group of amendments?

The next part of the proposed new clause—subsections (6) and (7)—tackles the difficulty of educational provision for those children so severely bullied that they cannot face attending school or college. I remind your Lordships that academic research by the National Centre for Social Research estimates that on average 16,000 pupils or students a year are in this position. That is the equivalent of 16 average-sized secondary schools, which is a shockingly high number. I am grateful for the points that the Minister commented on in Committee. There is some specialist alternative provision through the new free schools, but at present there are only a handful in the country as a whole, and most of the alternative-provision free schools focus on students with emotional and behavioural difficulties and only a handful on bullied children. There is certainly nothing that would cover the 16,000 children who need support.

These children cannot face going into the school where the bullying happened, even in a special unit inside the school—they cannot even cross the boundary through the school gates. They must not go to pupil referral units or to an alternative provision for children with emotional and behavioural difficulties. What can be provided for these children, both in the short term and the longer term? What support can local authorities access to make that provision for them work, as some schools do not allow the money to follow the child, even though the child is not in school? Finally, will the Minister ensure that at the very least Ofsted will ask schools to account for children who are not attending for long periods, for whatever reason, and to state what action the school has taken to help them?

I end on a positive note. The Government are doing very well on beginning to change the culture around bullying, particularly through their £4 million support for the Anti-Bullying Alliance, and including the work of Anti-Bullying PRO, which is training pupils as anti-bullying ambassadors. I have seen them in practice and in training and they are extremely impressive—but it takes time, and only a few can be trained at any one time. It is a small organisation and there are thousands of schools.

I have also seen the wonderful new online ChildLine help that helps combat cyberbullying and sexting, called Zipit. If noble Lords have not had a chance to look at it, they should do so. It is a polite and slightly tongue-in-cheek way for the young to put down friends and pupils who send them inappropriate or bullying messages in a way that does not make them feel as though they are victims. The whole thing can be simply calmed down. ChildLine has done very well by producing that. Frankly, more needs to be done, and I hope to hear the Minister today provide reassurance to your Lordships’ House on this very serious issue. I beg to move.

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As I said earlier, I do not believe that legislation will effectively address the legitimate concerns that underpin this amendment. However, I am grateful to my noble friend Lady Brinton for bringing her expertise to this debate and helping us to articulate and improve our approach to supporting children affected by bullying. I hope that my noble friend recognises that I have sought to address her concerns through developing and enhancing our advice to schools. I therefore urge her to withdraw her amendment.

[Baroness Brinton]

My Lords, I thank the Minister for his full and detailed response. Much of what he has said has gone a considerable way towards addressing not just my concerns and those of other noble Lords who have spoken but those of the APPG on Bullying, which has been looking at this issue for some time. The only outstanding issue, which cannot be tackled through legislation, is the monitoring of alternative provision to make sure that it is available across the country. Perhaps I can bother the Minister outside the Chamber in future to make sure that that happens.

I thank noble Lords who have spoken in this fairly brief debate. I say to the noble Baroness, Lady Howarth, that one of the reasons for reiterating the importance of having a strategy nationally and in schools was to have all the information in one place. Part of the problem that schools have faced is that there have been lots of disparate bits of information that have not all been drawn together. We were aware of where there was a requirement but it was thought to be beneficial for schools to have something in one place to work their way through. I hope the cross-links that the Minister talked about—between SEN, the Health Conditions in Schools Alliance and the bullying code of practice—will go some way to doing that. With that, I beg leave to withdraw my amendment.

Amendment 57D withdrawn.