International Women’s Day

Baroness Brinton Excerpts

Thursday 6th March 2025 Lords Chamber

[Baroness Brinton (LD)]

My Lords, it is a real pleasure to follow the noble Baroness, Lady Stedman-Scott, and I thank the Minister for her comprehensive introduction to this important issue. I am very much looking forward to hearing the maiden speeches today.

While the participation of young women in certain A-level STEM subjects is increasing steadily, physics and computer sciences remain slow compared with biology, chemistry and maths. Biology and maths, by the way, are the second and third top choices for females at A-level. Some 25% of candidates in physics are female, which is a considerable improvement. Unfortunately, for computer science it remains low, at only 15%. The expressive arts are still the top female choices for A-levels. I wonder whether perhaps our education system is at fault—it is too easy when choosing A-levels to abandon the sciences and go for either arts or sciences.

I start by celebrating three extraordinary women I have had the privilege of knowing, who have made their mark over the last 100 years and were extraordinary leaders of women in STEM in their day, because we need to understand how the world has changed.

Dr Anna Bidder graduated from Cambridge in 1926 with a degree in zoology. She could not receive that degree or her PhD in 1934 from Cambridge University because she was a woman. Only after 1948 did Cambridge permit women to receive the degrees that they had qualified for. Despite that, Anna Bidder secured senior research and teaching roles from the moment she got her PhD and for the rest of her academic life, at Newnham College and the Department of Zoology, where she was teaching young men who got their degrees. Even more shockingly, it was not until 1998 that she and other female alumni from before 1948 were, believe it or not, finally allowed to receive the degrees that they had been awarded. By then, she had founded and been the first president of a college for mature women students in Cambridge, Lucy Cavendish College, which thrives today.

Dr Lucy Slater was a mathematician who worked on hypergeometric functions and was one of the very few women present at the birth of computing in the UK. Her stories, over cups of tea, about the size and slowness of EDSAC astonished my children when they were at school. She graduated in 1944, and, as a post-grad in the 1950s, developed the precursor of modern computer operating systems, later working on computer programmes for econometrics. Lucy, a friend and neighbour, was an invisible giant on whose shoulders many successive women have stood.

However, the places of excellence were sometimes not even open to women to start with. Despite exceptional female scientists applying in 1900 to join the Royal Society, it took the extraordinarily named Sex Disqualification (Removal) Act 1919 for it to become illegal not to consider women in STEM as members of the Royal Society. It was that same Act that enabled women to get their degrees—Cambridge University was not the only university that was a little slow to catch on. I say this as an alumnus of Cambridge University and a former bursar of Lucy Cavendish College, and I really support what Cambridge University does for women these days. It was not until 1943 that the Royal Society promoted two women, Kathleen Lonsdale and Marjory Stephenson, to be elected. Now, over 200 women have been elected as fellows, and the numbers are rising fast.

Dame Athene Donald, a fellow of the Royal Society, is a brilliant physicist and a champion for the future of girls and women in STEM. She said:

“As a young researcher I was judged on my science, but when I became a potential player in organisational strategy, that’s when I really noticed it”.


That is how hard it was for women to succeed a mere couple of decades ago. What has she done to change it? I really recommend her latest book, Not Just for the Boys: Why We Need More Women in Science. It does what it says on the front of the book; it really explains the problem. She tells of her granddaughter’s description of the construction corner at primary school: “Oh, we have a construction corner, but the boys play there”. Athene has determined to change that. She roots this in our cultural assumptions from birth, the toys we give to our babies and small children, and what happens to children at nursery and even at primary school.

Even worse, I am afraid that there is still a perception that some parts of STEM are too hard for girls. Katharine Birbalsingh, the head teacher at the Michaela Community School, said two years ago:

“Just from my own knowledge of these things, physics isn’t something that girls tend to fancy … There’s a lot of hard maths in there that I think that they would rather not do”.


She was criticised for saying that at the time; there may be some truth in what she said, but the evidence shows that it is wrong. The Institute of Physics said that the overall proportion of women studying physics at university has increased from 21% to 25% over the decade to 2021. Over the same period, the number of women professors in physics has more than doubled, from 55 to 140. To show that this is not just chance, we see that women academic staff members in physics increased by 52% and now make up 20% of academic contracts. Change is on the move. The Institute of Physics’s Project Juno provides grants to increase the representation of women among physics and astronomy undergraduates.

We need to reach girls in primary school too. I was lucky—my children went to primary school in Cambridge and, when my daughter was in the junior age group, every single class had female maths undergraduates coming to help at maths lessons. As a result, my daughter, a natural historian, went on to take chemistry and maths as part of her IB, and she uses both every day in her job.

I want to end on a practical, positive and brave note. The Mines Advisory Group, or MAG, highlights that women play a leading but overlooked role in tackling conflict and building peace. MAG has trained women—50% of them in Ukraine—and, in Angola, has the only all-women armed violence reduction team. As de-miners, they are trained in technology in one of the most dangerous roles on earth. Their skills also build relationships with farmers and local communities. De-mining means, of course, that farmers can sow crops once more. That is one of the main problems in Ukraine, where Russia has mined so many farmers’ fields.

These heroines across the world are saving lives and building for the future. No teacher says to them that there are things they cannot do. That is something we should hear—encouraging our young girls to find their love for STEM early by learning coding through Turing Tumble, as my eight year-old granddaughters do with my husband. They too might change their world for the future. The girls of today, the young women of tomorrow, are moving apace. May Athene Donald’s vision become reality.

Schools: RAAC

Baroness Brinton Excerpts

Thursday 1st February 2024 Lords Chamber

[Baroness Brinton (LD) [V]]

My Lords, I congratulate my noble friend Lord Addington on securing this important debate. It is always a pleasure to follow the right reverend Prelate the Bishop of St Albans. I declare my interests as vice-chair of the All-Party Parliamentary Fire Safety and Rescue Group, and as a vice-president of the Local Government Association.

I have an interest in safety in school buildings since my children’s primary school, Mayfield in Cambridge, of which I was also chair of governors, was severely damaged by fire in September 2004. It took 100 firefighters eight hours to bring the blaze under control and, importantly, despite Cambridgeshire County Council providing a perfect alternative site close to the school within two weeks, there is no doubt that the many months of rebuild were disruptive to the children’s education, not to mention the emotional distress caused by the destruction of their beloved local school.

Part of the problem was that the structure of the building exacerbated the fire damage. The early 1960s model was commonplace across the country, but it emerged that the large metal window frames were the major structural feature holding the top of the walls and the single-storey roof in place. One small fire started by an arsonist caused significant damage.

That is why I have campaigned for sprinklers in new schools or school buildings, but it is equally important to ensure that schools are built from the right materials. Just yesterday, Blatchington Mill School in Hove, which had one department damaged badly by a fire earlier this year, had to tell parents that the damage caused by smoke and water means that the school as a whole cannot reopen until after half-term at the earliest. I do not know the structure of this school but, once again, significant damage, including to electricity, gas and water supplies, could have been avoided if sprinklers were installed, as water damage would have been restricted to just one small department and there would have been no spread of smoke damage to the rest of the building, which has meant that none of the pupils can return yet.

The Minister wrote to the All-Party Parliamentary Fire Safety and Rescue Group on 4 October, saying:

“I would like to confirm that I have already spoken with departmental officials, who will re-review the data that has been provided”.


The letter refers to a cost-benefit analysis of sprinklers and the effect on children’s education of a fire, with a consultation on Fire Safety Design for Schools—BB 100.

The all-party group has some concerns about the risk assessment of the impact that a fire has on children’s education and attainment levels. Time does not permit me to go into the detail, but our experts believe that some of the underlying assumptions used by the DfE were flawed. We also heard that the DfE is going to appoint a fire engineer; despite the all-party group writing to and meeting regularly with Ministers on this issue for more than 15 years, we welcome the fact that there will now be someone inside the department who understands the issues relating to buildings and fire.

I have two questions for the Minister. First, has the fire engineer now been appointed? If the answer is yes, have they started work? Secondly, as the Minister said that she would not come to a meeting of the all-party group but was prepared to meet with the officers, will she now undertake to do so as soon as practicable?

As my noble friend Lord Addington outlined, the RAAC scandal is also keeping children out of school. I pay tribute to my noble friend for his highlighting of the damage that this does to the education of children. After many years of concern by experts and the construction industry, in September, the Government announced that any school buildings with RAAC needed to be closed until they had been checked.

As with Mayfield Primary School’s extraordinary windows story, RAAC was a cheap construction component installed between the 1950s and 1970s. It transpires that many other public buildings, hospitals and universities contain RAAC, so this issue is a stark warning to the public sector about ensuring that buildings are built safely and to last. What advice is being given to schools about how to build safe and long-lasting schools for the future, even if they cost a small amount more at the time of construction? It is becoming so evident that methods used between 50 and 70 years ago are costing us dear.

In December, it was reported that nearly 1,000 schools were believed to contain combustible materials similar to those used in Grenfell Tower. Shockingly, a further 120 school projects under way since the Grenfell Tower fire have been built using combustible facade insulation. While it is important to note that this is now to be banned, the DfE still forbids the installation of sprinklers.

Rockwool, which makes non-flammable cladding, commissioned a report that identified a total of more than 1,000 school and university buildings erected since 2013 using combustible cladding. An article in the i newspaper last autumn reported that heads across the country are furious with these problems of safety in their school buildings, not just with RAAC and combustible cladding but with the continued discovery of problems with asbestos.

Daniel Kebede, the general secretary of the National Education Union, said that government spending on schools is a third of that spent in 2010, and the president of the Royal Institute of British Architects has called for remediation and urgent funding by the DfE of all repairs.

This means that school estates cannot be repaired without impacting on the teaching element of school budgets, and that replacement of unsafe or flammable buildings, whether RAAC, cladding, or lack of sprinklers, is patchy at best, rather than repairs bringing buildings up to a safe standard for the future. I urge the Government to take these concerns on board and not only build and repair schools that need it, so that they will last for many years into the future. That will ensure that our children, their teachers and other staff can learn and teach in a safe environment for many years to come.

Schools: Safeguarding

Baroness Brinton Excerpts

Thursday 7th December 2023 Lords Chamber

[Baroness Brinton (LD) [V]]

My Lords, I congratulate the noble Baroness, Lady Jenkin, on securing this important debate, and I thank her for her comprehensive introduction. It is a pleasure to follow the noble Baroness, Lady Morris of Yardley. In her time as Secretary of State she put children at the heart of education, and she is right that safeguarding today is much better than it was in the past.

Safeguarding has a set of specific meanings regarding the protection of children and vulnerable adults from abuse, neglect and harm, defined, as the noble Baroness, Lady Jenkin, mentioned, in the Children Act 1989, including protecting children from maltreatment; preventing the impairment of children’s physical and mental health or development; ensuring that children grow up in circumstances consistent with the provision of safe and effective care; and taking action to enable all children to have the best outcomes.

Ofsted describes good safeguarding practice as

“the culture a school creates to keep its pupils safe so that they can benefit fully from all that schooling offers. A positive and open safeguarding culture puts pupils’ interests first. Everyone who works with children is vigilant in identifying risks and reporting concerns. It is also about working openly and transparently with parents, local authorities and other stakeholders to protect pupils from serious harm, both online and offline, and about taking prompt and proportionate action”.

The Times Education Supplement’s guidance sets out the seven core issues that school governors and staff need to keep at the forefront of their minds when considering safeguarding. They are: child sexual abuse and CSA material online; child-on-child sexual violence and harassment, which sadly is growing worse; extremism and radicalisation; domestic abuse; adverse childhood experiences; trauma; and, last but not least, mental health.

Some 30 years ago, I held the portfolio for education and libraries on Cambridgeshire County Council. That summer, my new safeguarding responsibilities were brought home to me in a shocking case at one of the county’s primary schools. A caretaker had been grooming and abusing girls in years 5 and 6 but, when parents complained to the head, the response was, “No, no, our lovely caretaker could never do this”. But he had. As word went round the community, more and more former pupils and their parents came forward. The caretaker pleaded guilty, but many more children were abused because of preconceptions by those who should have protected them and investigated the first complaint. I tell this story because too often our own prejudices can miss something key that merits, at the very least, investigation and listening to the child. That is why over the years I have welcomed the strengthening of safeguarding.

School must be a place of safety for children. Sometimes that can mean safe from their parents too. One of the hardest things to do is to hear about or suspect child abuse or child sexual abuse from within the child’s home. Parents are not automatically involved in safeguarding reports regarding their children, as it is recognised that families are not automatically a safe environment for children, with some one in 14 children experiencing sexual abuse at the hands of their parents or guardians.

That is why we need mandatory reporting for abuse. Children cannot stop abuse; adults can. The 13th recommendation of the Independent Inquiry into Child Sexual Abuse was for mandatory reporting, which would bring us nearer to the vast majority of other nations. A recent survey of 62 nations found that 80% of those participating had some form of mandatory reporting. Sadly, the Government’s response to the IICSA recommendations set out a very weak form of mandatory reporting. With no statutory offence for failing to report, it is not clear who will have the power to investigate or even to talk to the Disclosure and Barring Service.

These and other proposals are too weak to have any effect on reporting rates, so I ask the Minister why the Government are not following the examples particularly of Australia, Canada and others where adults in schools report that they are now more confident in raising suspicions to ensure investigation because of mandatory reporting frameworks. Mandatory reporting helps professional adults responsible for children by giving them a clear framework for taking action. By the way, this is not just a schools issue; it should cover regulated activities such as sports. We are seeing far too many scandals outside schools.

I turn to the safety of children who are LGBTQ+ and the proposals by some, as mentioned by the noble Baroness, Lady Jenkin, to add a statutory notification to parents of any issues relating to their child. Experts say that creating an environment where a child is expected to suppress part of their identity is increasingly regarded by medical practitioners as harmful. Allowing exploration in safe environments away from predetermined outcomes—also known as “affirmative therapy”—is almost always beneficial. And by the way, if the child wishes to walk back from their initial feelings, they can do so without any harm. To ban it might cause further problems.

The Government’s own safeguarding guidelines, Keeping Children Safe in Education, say:

“The fact that a child or a young person may be LGBT is not in itself an inherent risk factor for harm”


and that LGBT children have protection from bullying and harassment under the Equality Act. It also says:

“Risks can be compounded where children who are LGBT lack a trusted adult with whom they can be open”.


If children and young people think they will automatically be outed to their parents, they may be less likely to confide in a trusted member of school staff, especially if they fear their parents having a hostile reaction. The NSPCC guidance on safeguarding LGBT children and young people states:

“You should discuss options with the young person and their parents or carers (as long as this does not put the young person at risk of harm)”.


In conclusion, the Government have taken some good steps forward on strengthening safeguarding and guidance, but we must find a way to truly protect our children and young people through strong regulatory practice and ensuring that we continue to put children at the heart of safeguarding.

SEND and Alternative Provision

Baroness Brinton Excerpts

Thursday 9th March 2023 Lords Chamber

[Baroness Barran (Con)]

As the right reverend Prelate said, that co-operation between health, education and children’s social care is absolutely critical, so that they are closely joined together. We will bring more clarity and clearer accountability through new inspections conducted jointly by Ofsted and the CQC, which will focus very much on outcomes and experiences for children, young people and their families. In turn, that will feed into and reflect the local inclusion plans, where health is a critical partner.

On issues around the mental health workforce, the right reverend Prelate will be aware that we are doing a lot of work to ensure that we have direct support in schools, so that, wherever possible, mental health issues do not need to escalate to CAMHS.

[Baroness Brinton (LD)]

My Lords, I declare my interests as a vice-president of the Local Government Association and as one of the infantry working on the Children and Families Bill, as were other Members of your Lordships’ House. We felt that that was a ground-breaking change to the system, but one of the fundamental reasons it has failed is because the funding, both for children and for the assessment of children and young people, was not ring-fenced, causing real problems for both local authorities and schools. So will the Minister ensure that there will be ring-fencing for this funding, because it is not fair for local authorities to have to find it from other resources, when other resources are clearly being so pressured?

I also want to follow on from the question asked by the right reverend Prelate the Bishop of St Albans and focus on those children who will need an EHCP, especially the health element. For those with high needs in terms of physical disabilities, the proposal is to move much more to special schools, but for some young people special schools do not actually help their academic achievements because the standards are set so low—so will that be addressed in this or in relationships with schools?

Finally, those who were there for debates on the Children and Families Bill will know that there was ground-breaking statutory guidance for support for children in school with medical conditions. That has now been watered down. Will it be strengthened to ensure that every child with a serious medical condition gets the support that they need to go on school trips and take part in everyday activities?

[Baroness Barran (Con)]

In relation to funding, I do not fully recognise the picture that the noble Baroness paints. Revenue funding in this area is up 50% since 2019, and we have committed £2.6 billion in high-needs capital funding to build, as I have already mentioned, 92 new special schools that are being delivered, with 49 in the pipeline and 33 on their way.

For children with physical disabilities at a high level, the aspiration is absolutely clear—we need to get the right place for every child, including those children. Therefore, if it is possible, we will include those children in the mainstream, as that clearly is the aspiration and direction of our work. I shall need to revert to the noble Baroness, as she has raised this issue with me before and my memory fails me on the current status of her final point.

Education (Non-religious Philosophical Convictions) Bill [HL]

Baroness Brinton Excerpts

2nd reading
Friday 3rd February 2023 Lords Chamber

[Baroness Brinton (LD) [V]]

My Lords, it is an honour to follow the noble Lord, Lord Griffiths of Burry Port, and the right reverend Prelate the Bishop of Southwark, both of whom gave us very thoughtful contributions. The noble Lord articulated that his view is not defensive; I agree. His quoting from Milton’s Areopagitica and noting Milton’s passionate humanism has made my day. The right reverend Prelate believes that this Bill should not be necessary. While I respect his views, my view is that the current arrangements under legislation are not providing our children with a sure footing in understanding religions and worldviews.

I thank my noble friend Lady Burt of Solihull for presenting this Private Member’s Bill, which highlights a problem in the legislation for the teaching of religion and beliefs. The Bill sets out how to ensure the teaching of religion and worldviews in a 21st century which is very different to the early 1990s, when SACREs were set up and were designed to allow for councils to develop RE syllabuses suitable for their local areas. While this is not formally an interest, I was the portfolio holder for education and libraries on Cambridgeshire County Council from 1993 to 1997 and chaired the Cambridgeshire SACRE syllabus writing group at the same time.

The Government’s non-statutory guidance on religious education in English schools 2010 says on page 23 that:

“Pupils should have the opportunity to learn that there are those who do not hold religious beliefs and have their own philosophical perspectives, and subject matter should facilitate integration and promotion of shared values.”


The RE Council, under the headline “Why RE Matters”, sums up well why children need to learn about faith and belief:

“The ability to understand the faith or belief of individuals and communities, and how these may shape their culture and behaviour, is an invaluable asset for children in modern day Britain. Explaining religious and non-religious worldviews in an academic way allows young people to engage with the complexities of belief, avoid stereotyping and contribute to an informed debate.”


That seems right. Education does not restrict or limit the view of a child’s own faith or belief but sets it in the context of their world, which in the early years might be just that of their class, school or local area.

In preparation for today, I looked at some contrasting opening statements of two local SACREs. Unsurprisingly, I returned to the Cambridgeshire one as I was familiar with it. The 2018 Cambridgeshire SACRE says of its “Aims and purpose”:

“to acquire and develop knowledge and understanding of Christianity and the other principal religions and world views represented in the United Kingdom … to develop attitudes of respect towards other people who hold views and beliefs different from their own … to develop the ability to make reasoned and informed judgements about religious issues, with reference to the principal religions and world views represented locally and in the United Kingdom.”

In contrast, the SACRE for the Royal Borough of Kensington and Chelsea and the City of Westminster, which is an amended version of the agreed syllabus of Hampshire, Portsmouth, Southampton and the Isle of Wight published in 2016, says about the purpose of religious education:

“Living Difference III seeks to introduce children and young people to what a religious way of looking at and existing in the world may offer in leading one’s life, individually and collectively”.


If you read the full syllabus, you will see that the teaching of faiths other than Christianity and humanism are included but the emphasis is very much on Christianity being the principal focus. Indeed, this SACRE also has to agree to any head teacher wanting to do collective worship not Christian in nature. You might think that I, as a Christian, would be happy with that. But my concern is that all children in our country need to understand the faiths and beliefs of those around us, including worldviews. This does not diminish the experience that each pupil has in their own life, home and family, but will enhance it.

Last month, we marked International Holocaust Memorial Day with a moving debate in your Lordships’ House, remembering how man’s hatred can result in the murder of millions. This year, the special focus was on the role of ordinary people then and now. We live in a polarised society, with the curse of social media, as we heard in the previous debate. If those who disagree cut out thinking about the views of those whom they do not like or agree with, that is a problem.

Religious views and worldviews can be taught to all pupils in a structured and supported way by our excellent teachers, who know their pupils and can foster and develop knowledge and understanding as part of the core curriculum. My noble friend Lady Burt quoted from the 2015 R (Fox) v Secretary of State for Education judgment. She is right that our current legislation and guidance need to be updated to include all state-funded schools. The Bill starts us along that road, and I hope that the Government will consider it carefully because, in today’s society, our children need it.

Childcare

Baroness Brinton Excerpts

Tuesday 17th January 2023 Lords Chamber

[Baroness Barran (Con)]

Obviously, the majority of providers in the childcare market in terms of number of places—whether childminders or nurseries—are effectively private businesses. The Government are well aware that their costs have risen much faster than their constituent parts, namely labour and rent. The Government are concerned about that, and we hear the impact on working families.

[Baroness Brinton (LD)]

My Lords, despite the Minister saying earlier that the Disability Access Fund had increased, Contact a Family, the disabled children’s charity, in its most recent survey of parents, found that 87% of mothers with disabled children said that they could not work as much as they wanted to because the childcare was neither safe nor met their child’s specific needs. What are the Government trying to do to ensure that appropriate childcare is available for disabled and seriously ill children?

[Baroness Barran (Con)]

This is one of the areas that we are exploring at the moment and it is a particularly complex and challenging one. As the noble Baroness rightly says, every individual disabled child will need a bespoke package of support. Our aim is to make childcare flexible and affordable for parents.

Schools Bill [HL]

Baroness Brinton Excerpts

Report stage & Lords Hansard - Part 2
Monday 18th July 2022 Lords Chamber

Moved by

[Baroness Brinton]

108: After Clause 67, insert the following new Clause—
“Duty to report child sexual abuse(1) Where a provider of activities in a school-age educational setting has reasonable grounds for knowing or suspecting the commission of sexual abuse of children who are in their care, they have a duty to report their knowledge or suspicion as soon as practicable to—(a) the local authority designated officer (LADO),(b) children’s services, or(c) such other single point of contact with the local authority as designated by that authority for the purpose of reporting the knowledge or suspicion of sexual abuse of children.(2) The duty in subsection (1) applies whether the abuse has taken place in the setting of the regulated activity or elsewhere.(3) The duty under subsection (1) applies to—(a) the operators of a setting in which the activity takes place;(b) staff employed in any such setting in a managerial or general welfare role;(c) all other employed, contracted or voluntary staff and assistants only for the period of time during which they have had direct personal contact with such a child.(4) For the purposes of subsection (1) children are in the care of providers of regulated activities—(a) in the case of the operators of any setting in which the regulated activity takes place and of staff employed by the operators at any such setting in a managerial or general welfare role, for the period of time during which the operators are bound contractually or otherwise to accommodate or care for such children whenever the regulated activity is provided, and (b) in the case of all other employed or contracted staff or voluntary staff and assistants, for the period of time only in which they are personally attending such children in the capacity for which they were employed or their services were contracted for.(5) A person who fails to fulfil the duty in subsection (1) is guilty of an offence.(6) It is a defence to show that the LADO, children’s services or other single point of contact was informed by any other party of the commission or suspected commission of sexual abuse.(7) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.(8) A person who makes a report under subsection (1) in good faith, or who does any other act as required by this section, cannot by so doing be held liable in any civil or criminal or administrative proceeding, and cannot be held to have breached any code of professional etiquette or ethics, or to have departed from any acceptable form of professional conduct.(9) A person who causes or threatens to cause any detriment to a person to whom subsection (1) applies, or to another person, either wholly or partly related to the person’s actual or intended provision of a report under this Act, is guilty of an offence.(10) In subsection (9) “detriment” includes any personal, social, economic, professional, or other detriment to the person.(11) A person guilty of an offence under subsection (9) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.(12) In this section—“children” means persons who have not attained the age of 18 years;“providers of activities” has the same meaning as in section 6 of the Safeguarding Vulnerable Groups Act 2006, in so far as the activity takes place in a school-age educational setting.”

[Baroness Brinton (LD) [V]]

Amendment 108 in my name is on mandatory reporting of child sex abuse. I thank the Minister for her comments at the Dispatch Box in Committee, when she said that the Government have no evidence that mandatory reporting is effective. In my contribution, I referred specifically to academic research in countries where mandatory reporting has been introduced and is working well. It is evidenced, but the Government clearly do not want to look at it.

Teachers in Australia, who were unhappy with the principle prior to its introduction, now feel it has given them more confidence in reporting suspicions and that they would not be ignored by the school or, worse, punished for reporting difficult evidence. Professor Ben Mathews from Queensland University of Technology, a world expert in mandatory reporting and how it works in practice, gave evidence in 2019 to the Independent Inquiry into Child Sex Abuse. I hope that, once Ministers have read this evidence and the comments of the Independent Inquiry into Child Sex Abuse victims’ group when they responded to a survey on mandatory reporting, the Government would reconsider.

I am very well aware that the IICSA will be publishing its final report in the autumn. I understand that the Government will want to wait until then and will respond in due course, but I remain concerned that there is not a will yet to understand how mandatory reporting is transforming the reporting on child sex abuse by educational professions. I beg to move.

--- Later in debate ---

[Baroness Barran (Con)]

I begin by responding to Amendment 108, tabled by the noble Baroness, Lady Brinton, regarding mandatory reporting. As we set out in the March 2018 government response to the reporting and acting on child abuse consultation, and as the noble Baroness quoted me as saying—though perhaps I should have been clearer—there was no clear evidence from those who responded to the consultation to show that introducing a mandatory reporting duty would help keep children safe, and therefore the case was not made for its introduction. We are keeping this under review, and we await the final report of the Independent Inquiry into Child Sexual Abuse, which is expected in the autumn.

Schools and colleges are already under legal duties to exercise their functions to safeguard and promote the welfare of children. This includes having regard to the Keeping Children Safe in Education 2022 statutory guidance, which makes it clear that if staff have any concerns about a child’s welfare, they should act on them immediately, and that any concerns should be referred to local authority children’s social care. Many other settings, such as extracurricular activities or clubs, are already required to register with Ofsted and must ensure that they have the processes and policies in place to safeguard the children they look after. That includes reporting any incident or allegation of serious harm or abuse to Ofsted, or any significant event that might affect someone’s suitability to look after or be in regular contact with children.

In all such cases Ofsted will pass the information to the relevant police or local authority and take appropriate action to ensure the safety of children cared for at the registered provider. Where settings are not registered with Ofsted, our guidance is clear that these settings should have clear escalation routes to manage concerns and allegations against staff and volunteers that might pose a risk of harm to children.

I am grateful to the noble Baronesses, Lady Chapman and Lady Wilcox, for Amendments 118D, 118I and 118E regarding qualified teacher status, education recovery and breakfast clubs. Amendment 118D would restrict the flexibility that school leaders in academies currently have to recruit unqualified teachers and goes further than the restrictions currently imposed on maintained schools via the Education Act 2002. The current scheme allows maintained schools to employ teachers without qualified teacher status in several circumstances beyond those where a teacher is working towards qualified teacher status. This amendment would also remove those limited freedoms for maintained schools.

On Amendment 118I, we know that the impacts of the pandemic have been significant for all children, especially those who are disadvantaged, which is why we are targeting our support at those most in need. The latest evidence suggests that recovery is under way following the Government’s almost £5 billion investment for a comprehensive recovery package. Since spring 2021, primary pupils had recovered around two-thirds of progress lost in reading and around half of progress lost in maths. By May 2022, 1.5 million courses had already been started by children across England through the National Tutoring Programme. I can confirm that the latest data is due to be published imminently, and we expect to see a further significant increase.

Through the catch-up and recovery premium, we have provided £950 million of direct funding to schools, to help them deliver evidence-based approaches for those pupils most in need. The Government are providing an additional £1 billion to extend the recovery premium over the next two academic years. Additionally, this year, through the national funding formula, we are allocating £6.7 billion towards additional needs, including deprivation. The Government are also increasing pupil premium funding to £2.6 billion this year, and allocating £200 million a year to support disadvantaged pupils as part of the holiday activities and food programme over the next three years. Altogether, we are allocating £9.7 billion this year for pupils with additional needs, including deprivation.

On Amendment 118E, the Government recognise that a healthy breakfast can play an important role in ensuring that children from all backgrounds have a healthy start to their day, so that they enhance their learning potential. We are committed to supporting school breakfasts, and our approach has always been to support pupils from disadvantaged backgrounds who are most in need of that provision. We are investing up to £24 million in the national school breakfast programme for 2021-23, and will support up to 2,500 schools in disadvantaged areas, which will be targeted by the programme. Alongside our national programme, schools can also consider using their pupil premium funding to support their financial contribution to breakfast club provision, as endorsed by the Education Endowment Foundation’s pupil premium guide. Overall, the Government are investing significantly to support children from low-income families, and it is right that we are targeting investment towards those who are most in need.

Finally, I am grateful to the noble Baronesses, Lady Boycott and Lady Bennett, for Amendment 118L regarding free school meals. We want to make sure that as many eligible pupils as possible are claiming their free school meals, and to make it as simple as possible for schools and local authorities to determine eligibility. We provide an eligibility checking system to make the checking process as quick and straightforward as possible, and we continue to use and refine a model registration form to help schools encourage parents to sign up for free school meals.

We are also continuing to explore the options and delivery feasibility of introducing auto-enrolment functionality. However, there are complex data, systems and legal implications of such a change, which require careful consideration. Therefore, we think it is premature to change this through primary legislation at the moment, but I would be happy to meet both noble Baronesses to discuss how we can move this forward. For the reasons outlined, I hope the noble Baroness, Lady Brinton, will withdraw her amendment.

[Baroness Brinton (LD) [V]]

My Lords, Amendment 118D in the names of the noble Baronesses, Lady Wilcox and Lady Chapman, talks about the importance of ensuring that all trainee teachers are working towards qualified teacher status. Amendment 118E outlines the important way that breakfast club arrangements work well in Wales, and Amendment 118I focuses on a recovery plan of pupil premiums. We are so delighted that Labour is as keen as the Lib Dems on the pupil premium, which we brought in during the coalition, and which we have pushed the Conservatives to expand since those days. I hope the Government will now consider it.

Amendment 188L from the noble Baroness, Lady Boycott, on free school meals is simple—ensuring an auto opt-in and a voluntary opt-out, so that no child will slip through the net—and probably virtually without cost.

I am grateful to the Minister for her response to my Amendment 108. I am relieved that she clarified things by saying that there was no evidence of mandatory reporting working from a survey, which is rather different from the strong body of academic research from around the world that now shows that mandatory reporting makes a big difference. I hope the Government will look at that research—IICSA certainly has. I am very much looking forward to seeing the IICSA report in the autumn. I hope that it will make clear recommendations on mandatory reporting. I will not press this to a vote this evening so, with that, I beg leave to withdraw Amendment 108.

Amendment 108 withdrawn.

Schools Bill [HL]

Baroness Brinton Excerpts

Report stage & Lords Hansard - Part 1
Monday 18th July 2022 Lords Chamber

[The Deputy Speaker (The Earl of Kinnoull) (CB)]

My Lords, the noble Baroness, Lady Brinton, is participating remotely and I invite her to speak now.

[Baroness Brinton (LD) [V]]

My Lords, I declare my interest as a vice-president of the Local Government Association and it is a pleasure to follow the noble Lord, Lord Lucas. He talked about hair-trigger actions for the school attendance order process. He is right that we need clarity and common sense, an active relationship with parents and a way of holding local authorities to account where things have gone wrong.

Amendments 89, 95 and 96 in this group are in my name. Amendments 89 and 96 echo my amendment in the first group, which my noble friend Lord Storey spoke to. Many Peers have reported specific cases where, despite the Minister saying that this is meant to be about schools and local authorities working together with parents, that is just not happening in practice. Parents are definitely made to feel that they are always in the wrong, so I thank my noble friends Lord Storey and Lord Addington, and the noble Lord, Lord Lucas, and others, for their comments in that group that despite some schools and LAs having very good practice, unfortunately there are some which do not.

Noble Lords know that I have focused on pupils with medical conditions because some of the most concerning incidents relate to schools and local authorities making decisions that fly in the face of the pupil’s doctor. It should not be possible for education people to countermand expert advice. There are other categories, too: a looked-after child, a young carer or even a young offender may all have—in the eyes of the expert, such as their social worker or youth offending officer—a good reason why they should not be in school. Schools should not be able to countermand that.

Other noble Lords have given examples of some of that poor practice, and I cite one example I have heard about: of a paediatric oncology specialist telling a school with cases of an infectious disease—that could be Covid but could also be measles—that a pupil with cancer on strong chemotherapy should not be in school as they were severely immunosuppressed and that if this pupil caught the infectious disease, there was a high risk that it would be fatal. At present, the guidance says that there must be a partnership between parents, schools and health professionals in determining the best route forward. Unfortunately, the school can still choose to ignore that advice.

I thank the Minister for saying on the first day of Report that a headteacher disregarding specific advice would be acting unreasonably and would therefore be in breach of their duty. The problem is that no one knows that—certainly not headteachers or health professionals, and especially not parents or the pupils themselves. I am afraid that the same is true for some local authorities too, which is why these amendments are laid, to ensure that a poor process that starts in a school does not just continue on a conveyor belt. I repeat the point I made at earlier stages of the Bill: the current arrangements do not work. If we especially want to protect children with medical conditions and ensure that they have the same experience as other children, frankly, the arrangements need to be more explicit.

Amendment 95 is a probing amendment about parents who have repeatedly failed to comply with school attendance orders and not paid fines, and who can now—under the Bill—be sentenced to a prison term of up to 51 weeks. The previous maximum level was three months; that is a very large difference and, if used, is likely to lead to the local authority having to provide foster carers or, even more drastically, putting the children in care if a parent or both parents were imprisoned for 51 weeks. Surely, that is the exact opposite of what should be happening. The whole point of this part of the Bill is to encourage children into the stability of education and learning, in which their parents should have a role, and if things have gone wrong then this is a step too far.

I am grateful to the Minister for the meeting last week at which, in light of the debate we had in Committee, we discussed this. She also said in a letter that there was no intention ever to use 51 weeks and that it was a technical provision, solely because that would be the maximum sentence a magistrates’ court can give. This seems extremely strange to me, and slightly worrying. It is wonderful that the current Government say that they would never use it, but what of a future Government? I look forward to hearing the Minister confirm at the Dispatch Box exactly what she said in her letter, so that, should the 51-week term be used, the ministerial intentions when the Bill went through your Lordships’ House could be prayed in aid.

Above all, we need clarity. We need to ensure that this part of the Bill does not act solely as a form of prosecution. Surely, all the good intentions regarding parents who wish to educate their children at home should be understood. Schools and local authorities should really understand when there are genuine reasons why a child may not be in school.

[Lord Hunt of Kings Heath (Lab)]

My Lords, I am going to speak to Amendment 97ZA, in the name of the noble Baroness, Lady Hollins. Unfortunately, because of today’s conditions, she is not able to travel to your Lordships’ House.

If the noble Baroness were here, I think she would first say that a lot of progress has been made in how we support those with learning disabilities and autistic people in the last parliamentary Session. The Health and Care Act saw the introduction of mandatory training for all health and social care staff to ensure they are better able to work with people who can otherwise struggle to find a voice within the complex system designed to support them. She would also refer to the Down Syndrome Act, which acknowledges the gaps between the intent of existing legislation such as the Equality Act and the Care Act and its implementation in practice. That is a rationale which underpins the amendment I have signed.

We know that many autistic people and those with learning disabilities can have complex needs across the breadth of the public sector and experience so many barriers to accessing support. What happens in childhood can determine their lifelong trajectory, whether this be in a positive or negative way. For example, for some children and young people this may be the beginning of a downward spiral of school exclusions and admissions to mental health facilities. That is how the journey to long-term segregation in an ATU begins—journeys that the Department of Health and Social Care’s oversight panel chaired by the noble Baroness, Lady Hollins, is currently trying to reverse.

Clause 54, “School attendance policies”, gives little regard to the way that neurodiversity and chronic health conditions can affect a young person’s development and how their educational needs may differ from their peers. This is important because people with learning disabilities and autistic people have higher rates of physical health and mental health comorbidities. This is particularly so for autistic children in mainstream schools.

I am very grateful that the noble Baroness, Lady Barran, wrote to Peers following Second Reading to try to address the concerns of the noble Baroness, Lady McIntosh of Hudnall, that the attendance clauses in the Bill would penalise pupils with SEND and those with autism. In the letter she said:

“We are clear that schools should authorise absence due to both physical and mental illness. Schools should only request parents to provide medical evidence to support absence where they have genuine and reasonable doubt about the authenticity of the illness. We are also clear that schools pressuring a parent to remove their child from the school is a form of off-rolling, which is never acceptable.”


That was very welcome indeed, but as she knows, the words of Ministers do not always turn out to be adopted in practice everywhere throughout the school system.

The importance of this is in the statistics. In 2022, her department stated that persistent absence—defined as missing over 10% of available sessions—involved 12.1% of students; hence the legitimate concern about this, which I understand. However, the rate is nearly three times higher among autistic pupils, at over 30%. Exclusions of autistic children have more than doubled from 2,282 in 2010 to over 5,000 in 2020. There is a big question here: why is it so much higher?

In 2020, Totsika et al published what I think is the only peer-reviewed study into school non-attendance for autistic students in the UK. They found that non-attendance occurred in 43% of their sample of just under 500 students and that autistic children miss 22% of school. Some 32% of absences were attributable to illness and medical appointments, and:

“Truancy was almost non-existent.”


This study found that going to a mainstream school, as opposed to a specialist school, increased the chances of missing school by nearly 100%.

Autistic people experience higher rates of physical and mental health difficulties compared to their neurotypical peers. Anxiety is a predictor of school non-attendance for all children, but we also know that anxiety is more common in autistic children, with approximately 40% having a clinical diagnosis of an anxiety disorder and another 40% experiencing subclinical anxiety symptoms.

The DfE has guidelines around managing non-attendance and support for students with SEND or medical conditions. This includes a duty to ensure suitable education, including alternative provisions or reasonable adjustments and that the local council should

“make sure your child is not without access to education for more than 15 school days”.

However, we know from experience with the Autism Act 2009 and the Down Syndrome Act that, just because it is written in guidance, it does not mean it happens in practice.

The noble Baroness, Lady Hollins, shared with me the example of one parent who wrote:

“My local authority has not accepted medical evidence that my daughter can’t attend school due to severe anxiety... Now we won’t get tuition help and all her further absences will be unauthorised!”


This is despite supporting evidence by a chartered psychologist. She goes on to say:

“Imagine forcing someone with a physical illness to come to school when a doctor says they can’t?”


Another parent has written to us saying that

“Fining parents for school absence due to school-based anxiety is … counterproductive”.


The amendment tabled by the noble Baroness, Lady Hollins, is based not on a few cases but many. It seeks to confirm the Government’s commitment to ensuring that SEND students are not disproportionately penalised by the Bill. There is a duty to implement existing guidance in day-to-day practice. I hope the Government will be sympathetic to the intent of the noble Baroness’s amendment.

Schools Bill [HL]

Baroness Brinton Excerpts

Report stage & Lords Hansard - Part 2
Tuesday 12th July 2022 Lords Chamber

[The Deputy Speaker (Baroness Morris of Bolton) (Con)]

The noble Baroness, Lady Brinton, is taking part remotely, and I invite her to speak.

[Baroness Brinton (LD) [V]]

My Lords, it is a pleasure to follow the noble Lord, Lord Hunt. I completely agree with his Amendment 62 on the high needs budget for children with special educational needs. I have signed Amendment 63 in the name of my noble friend Lord Storey, on financial assistance for purposes related to mental health provision in schools, and have laid Amendment 107 in this group on pupils with medical conditions.

I start by thanking the Minister for the various meetings she has held with noble Lords. The fact that this Bill is so heavily contested has required considerable discussion, and I suspect that the stamina of the Minister and her officials has been somewhat tested by a lot of very quick turnaround meetings. The Government have made some concessions, which has also been very helpful.

On Amendment 63, I hope the Minister has something positive to say. In Committee it really was noticeable that almost all parts of your Lordships’ House, Ministers included, agreed that ensuring appropriate mental health support was available for children in schools was vital, especially after the surveys showing that their general mental health condition has worsened as a result of the pandemic. The problem is that mental health support will not appear from any magic money tree, so we argue in this amendment that there must be a duty for the funding of said mental health provision. I look forward to hearing my noble friend Lord Storey’s slightly longer exposition of this amendment.

I turn now to Amendment 107 in my name and signed by my noble friend Lord Addington. It is important to explain why, under Section 100(1) of the Children and Families Act 2014—on the duty to support pupils with medical conditions—we need a duty that

“the appropriate authority for a school must follow the medical advice provided by an individual pupil’s doctor”.

When I raised this in Committee, the Minister replied:

“The department’s statutory guidance on supporting pupils with medical conditions at school is clear that school staff, healthcare professionals and parents should work together to agree the support that a child needs in school to effectively manage their condition and take the best approach. That includes fully considering the advice of healthcare professionals, including doctors.”


She went on:

“We believe the position in the guidance is quite clear that the needs of these children must be met, and it would be useful to talk through some of the specifics where the noble Baroness thinks that might not be happening.”—[Official Report, 20/6/22; col. 64.]


I thank the Minister and her officials for the meeting yesterday morning. We did indeed spend some time debating the different publications of statutory guidance for pupils with medical conditions over the last eight years. I was hoping for a reply from the department following my forwarding of my original version to it, but unfortunately that has not happened.

Schools Bill [HL]

Baroness Brinton Excerpts

Committee stage
Monday 27th June 2022 Lords Chamber

[The Deputy Chairman of Committees (Lord Lexden) (Con)]

My Lords, the noble Baroness, Lady Brinton, is taking part remotely and I invite her to speak.

[Baroness Brinton (LD) [V]]

My Lords, I declare my interest as a vice-president of the Local Government Association. Amendments 156 and 171 address the issue of school land and buildings that may not be safe. As the noble Baroness, Lady Chapman, outlined, Amendment 156 asks for condition reports on school buildings and land within a year of the Bill being passed. As we have heard from her, there are real worries that too many schools have major condition problems because school budgets have made it impossible to keep buildings safe and there is no money from central government.

I am particularly delighted that the noble Baroness referred to the Welsh 21st Century Schools plan. Kirsty Williams, while Lib Dem Welsh Education Secretary in the Senedd working in coalition with Labour, led with local government on this. It just shows what can be achieved when there is a will to do it. However, I am afraid that England at the moment is a different story. The Treasury is not providing funds for major structural repairs and rebuilds even when there is danger for children and staff.

One such school is Tiverton High School, which is in need of a multi-million-pound overhaul. The Environment Agency says that it is not a safe place for children, with staff having to deal with rain pouring into leaking classrooms; worse, there have been a number of incidents involving asbestos being exposed and then damaged, which is dangerous to both pupils and staff. Even worse, the school sits on a flood plain and requires flood protection. The school was promised a complete rebuild in 2009. It got planning permission and got detailed designs ready over the next four years, but the money never followed. It is vital that we know the condition of school land and buildings across England, and Amendment 171 says that, where a building is unsafe, the Secretary of State should take responsibility for it.

Under Part 1 of this Bill, the school—currently a foundation school—would become an academy. I ask the Minister: does the Secretary of State become responsible for the condition and fabric of school building and land under the extensive powers listed in Part 1 or is the amendment from the noble Baroness, Lady Berridge, necessary? It seems extraordinary that children are required to go to school in a building which other bodies have said is unsafe, the governors and local authority do not have resources to deal with, and central government just refuses to provide the funding for.

Amendment 167 in the name of the noble Lord, Lord Moynihan, calls for the Secretary of State to ensure that all schools are provided with defibrillators, in school and in sports facilities, which I support. Oliver King, who was 12, died of sudden arrhythmic death syndrome, a condition which kills 12 young people under 35 every week. The Oliver King Foundation has been campaigning for a defibrillator in every school. Last September the Secretary of State for Education announced that every school should have a defibrillator.

In an Oral Question in your Lordships’ House on 15 June, the Health Minister said in response to a question from me:

“while we require defibrillators to be purchased when a school is refurbished or built, one of the things we are looking at is how we can retrofit this policy. We are talking to different charity partners about the most appropriate way to do this. What we have to recognise is that it is not just the state that can do this; there are many civil society organisations and local charities that are willing to step up and be partners with us, and we are talking to all of them.”—[Official Report, 15/6/22; col. 1582.]

While I know that the DfE has been working with the department for health and the NHS to make this happen, including schools being able to purchase defibrillators via the DHSC at an advantageous price, only a few thousand appear to have been purchased so far. The Health Minister is clearly expecting schools to find benefactors to fund life-saving defibrillators at a time when there are many other pressures on school budgets. How do the Government plan to enable all 22,000 schools to be given defibrillators now, not just when their school is rebuilt?

It looks as if we may need to support the amendment in front of us today about defibrillators. This is urgent and I hope that the Minister will give it some good consideration.

[Lord Aberdare (CB)]

My Lords, I speak in favour of Amendment 167 in this group, which is in the name of the noble Lord, Lord Moynihan. He was all ready to move it late last Wednesday evening with my support, but is unable to do so today as he has to be in Wales for important meetings as chair of governors at the Haberdashers’ Monmouth Schools. I am pleased to speak to the amendment and grateful to my noble friend Lady Grey-Thompson for her support, and to the noble Baroness, Lady Brinton, for what she has just said.

We have previously discussed a number of issues that should be mandatory parts of the curriculum. One of these is first aid training. As well as that, every school should have access to defibrillators. I use the plural intentionally, as does this amendment, because one may not be enough. The Haberdashers’ Monmouth Schools, for example, have five defibrillators, one of which, close to the cricket nets in the pavilion, has been used to save a life at a school sporting event.

There are some 60,000 sudden out-of-hospital cardiac arrests each year in the UK. Survival depends on prompt action such as CPR or defibrillation. The chances of survival decrease by 10% with every minute that passes without such action and, in fact, only one person in 10 survives.

Of course, the great majority of such cardiac arrests affect older people, most often in their homes or workplaces, but a significant minority of cases are younger people, specifically those who are fitter and more active. The noble Baroness, Lady Brinton, cited the fact that sudden arrhythmic death syndrome kills 12 young people under 35 every week. Young athletes are three times as likely to suffer cardiac arrests as non-athletes, so access to defibrillators is important not just in a school’s main learning areas but equally, if not more importantly, in its sports facilities.

In my recent Question on defibrillators, I mentioned that devices are beginning to appear on the market that are much smaller, lighter and cheaper than existing models—up to a 10th of the size, weight and price. A recent parliamentary drop-in featured a personal defibrillator small enough to fit in my jacket pocket, which is expected to sell for about £200. I know that exhibits are frowned on, but I actually have a training version of such a defibrillator in my jacket pocket.

Developments like this will open up new opportunities for increasing access to defibrillators and making them much more easily available and locatable in schools, workplaces and homes—indeed, wherever there are risks of cardiac arrest and where defibrillators should be easily accessible, even in sports coaches’ kit bags or in private homes.

Of course, there is limited value in increasing access to defibrillators if people are not familiar with when and how to use them. This is an area where the UK lags behind many other countries. While our overall survival rate is only one in 10—and in some parts of the UK it is a great deal lower even than that—in Denmark, where training in CPR is mandatory in schools and for anyone applying for a driving licence, the survival rate tripled within five years. Italy has introduced new laws mandating defibrillators in public buildings, on transport, at sporting events and in schools, and has a cardiac arrest awareness day every October. I will mention one other example, in the USA: Seattle has increased its survival rate to 62% through a city-wide training programme. There are many other examples to show that first aid training and access to defibrillators actually save significant numbers of lives.

Training, both in basic first aid techniques, including the use the defibrillators, and in recognising the symptoms of sudden cardiac arrest, can easily be done in schools. It takes only a few hours, is readily available at a reasonable cost from organisations such as the British Heart Foundation, British Red Cross, Resuscitation Council UK, St John Ambulance and St Andrew’s First Aid in Scotland, is relatively inexpensive and is practical, enjoyable and confidence building for young people—and indeed older ones, as I can testify from having had such training here in Parliament some years ago when there was a first aid APPG. Incidentally, the intranet lists 27 locations where there are defibrillators on the Parliamentary Estate; it also says that

“Staff should familiarise themselves with where the Defibrillators are located.”


I shall not speculate on how many of us could locate one with confidence.

Amendment 167, from the noble Lord, Lord Moynihan, represents an important first step towards reducing the number of deaths from sudden cardiac arrests in and around schools, including at their sports facilities. Defibrillators are already required in all new or refurbished schools; it makes no sense that they should not be a mandatory part of every school’s first aid equipment. Indeed, the noble Lord, Lord, Moynihan, would argue that they should be as common in public places as fire extinguishers. I hope that the Minister will accept this amendment, or at least spell out firm plans to ensure that defibrillators will become mandatory for all schools—obviously with support for how they can afford them. Failing that, this is an issue that I, the noble Lord, Lord Moynihan, and perhaps others may well wish to pursue further on Report.

--- Later in debate ---

[The Deputy Chairman of Committees (Baroness Newlove) (Con)]

The noble Baroness, Lady Brinton, is taking part remotely. I invite the noble Baroness to speak.

[Baroness Brinton (LD) [V]]

My Lords, I declare my interests as a patron of the Traveller Movement, a member of the All-Party Group for Gypsies, Travellers and Roma and a founding chair of the All-Party Group on Bullying. The noble Lord, Lord Watson of Invergowrie, has introduced his probing Amendments 171J and 171K, ensuring that the Secretary of State reports on spoken language, or oracy, and communication, and that Ofsted

“must assess the provision available to develop pupils’ spoken language and communication skills”.

I support these amendments, and not just because of the problems that very young pupils have had with lockdown during the pandemic. He laid out very clearly why oracy is absolutely critical for children right from the very start, and certainly in their early years once they get to school.

In some areas it can be extremely difficult for children with speech and language difficulties to get any appointment at all, let alone a speedy appointment, with speech and language therapists, who, frankly, are among the unsung heroes of the NHS and the education system. The Royal College of Speech and Language Therapists, in its response to the Health and Social Care Select Committee inquiry into clearing the backlog caused by the pandemic, has identified that a minimum increase is needed in the speech and language therapist workforce of 15%, but year-on-year increases in recent times have been around 1/10th tenth of that, at 1.7%. Then there are delays while newly qualified speech and language therapists gain the expertise they need. Meanwhile, the schools White Paper—Opportunity for All, which was published in March—is silent on how to reduce the ever-widening language gap for disadvantaged or disabled schoolchildren.

I know from my granddaughter’s experience of SLT support almost from birth—because she frequently used an oxygen mask and had a feeding tube down her throat for the first three years of her life—that SLTs can perform miracles with babies, toddlers and children who literally cannot use their voice for large parts of the day. Without more staff, though, they cannot work with more children. I absolutely support the aims of the amendments from the noble Lord, Lord Watson, but, frankly, we have to tackle the workforce issue too. I hope the Minister will tell the House how the increasing speech and language workload can be managed without a corresponding increase in therapists.

Amendment 171L, on a children’s Covid-19 recovery plan, looks extremely sensible. I have one question for the Minister. Last week, an employment tribunal confirmed that an employee suffering from symptoms of long Covid was disabled for the purposes of the Equality Act 2010—by the way, more cases are in the pipeline and lawyers are saying we will shortly have a considerable amount of case law history. In addition to that, academic studies in the UK, Europe and the USA now recognise that a small number of children get long Covid, and get it badly. Can the Minister say if the advice to head teachers about long Covid, for both staff and pupils, will be updated to reflect that some may have long Covid so badly that they are to be regarded as disabled, with consequences for employment and for SEND?

I have signed Amendments 171N, 171O, 171P and 171Q, in the name of the noble Baroness, Lady Whitaker, on the creation of a duty to register protected-characteristic-based bullying, and I am very much looking forward to hearing the noble Baroness. She is an outstanding advocate for our Gypsy, Roma and Traveller communities, and is co-chair of the All-Party Parliamentary Group for Gypsies, Travellers and Roma.

I think it might be helpful to quote from the statutory guidance for schools on pupils with medical conditions. Paragraph 3 says:

“In addition to the educational impacts, there are social and emotional implications associated with medical conditions. Children may be self-conscious about their condition and some may be bullied or develop emotional disorders such as anxiety or depression around their medical condition.”


Many schools now have effective anti-bullying policies and practices but that is not universal, and still too many children suffer immensely from bullying.

I am a co-founder of the All-Party Parliamentary Group on Bullying, and we have had joint meetings with the All-Party Parliamentary Group on Gypsies, Travellers and Roma, of which I am also a member, to take evidence about how GRT children are treated in and out of school. Our last session, which was pre pandemic, was eye-opening. Perhaps the most shocking evidence was of the number of racist incidents to GRT children in schools by their teachers that were then copied by other children. The use of derogatory names, assumptions about their lifestyles and the lack of interest in their academic progress all breached the Equality Act 2010, but very rarely could families take them up, as head teachers or governors were not interested. As a contrast to that, we also had evidence from schools that were doing an exceptional job with the same sort of children, and you could not recognise that this was the same community at all.

However, I am afraid that the same challenges were faced by other children who look or sound different. The wonderful charity Changing Faces continues to fight for ending appearance-related discrimination, but it has told the All-Party Parliamentary Group on Bullying that, for many children with a visible deformity, school is not the welcoming place that we all assume it should be.