Children: Looked-after Children

Baroness Brinton Excerpts

Thursday 25th October 2012 Lords Chamber

[Baroness Brinton]

I start by declaring an interest because my husband and I provided foster respite care for a brother and sister to whom, 11 years ago, we then became formal guardians. Their experience is very different to many of the experiences that I am sure that we will hear about, in that they came just to one placement—us.

I thank the noble Earl, Lord Listowel, for bringing forward this vital topic for debate in your Lordships’ Chamber. We often say those words but here it is particularly pertinent. Looked-after children, especially those in residential childcare, are the responsibility of each and every one of us, but sadly the catalogue of child protection failures just continues, and we do not seem to learn the lessons from the individually tragic cases, whether they are Victoria Climbié or the young girls so horrifically abused—and ignored by social services and others involved in their care—in Rochdale.

This week is National Care Leavers’ Week, and it is good that looked-after children can now get proper transitional support, rather than being dumped by the state at the age of 18. Transition to independence is vital, but it is shocking that less than 4% of care leavers stay on with their foster carers past the age of 18, with well over a third living on their own. Only a handful—8%, as we heard from the noble Earl, Lord Listowel—go on to higher education, which is often, I am sorry to say from my experience working in the university sector, not supporting them appropriately and ill prepared to give them the support they need. This situation results in a much higher drop-out rate from among looked-after children than from the average student body.

I commend the Prince’s Trust’s From Care to Independence project, which will provide 1,000 care leavers with one-to-one support, and will form the basis of a much-needed long-term research study. We need to understand exactly what support these young people need. Advocacy is critical to successful transition. I ask the Minister if the Government will consider giving all children in care a statutory right to independent advocacy as a part of care reviews and placement planning, not just as part of the complaints process.

The incidence of children running away from either foster homes or residential care homes is shocking. In fact, it is three times more likely than for other children. These children are the most vulnerable in our society. Many have been through repeated placements that have not worked for a variety of reasons. Regardless, each placement breakdown further compounds the child’s lack of sense of worth and esteem, and is more likely to bring further disruptive behaviour. These children are often scared and angry—a potent mix. It is estimated that 10,000 looked-after children go missing every year. These children are much more likely to be sexually or physically abused, involved in substance misuse or resort to stealing and begging to survive: a fast-track route into the criminal justice system or, worse, self-destruction.

I said that the number of children going missing was an estimate, because we have a serious failure of information-sharing at present. When Ofsted publishes reports of residential homes, it does not automatically send copies to either the local authority with direct responsibility for the child or the local authority where the home is based, and these days the number of out-of-borough placements are increasing. It is vital that this happens, not least because the receiving local authority may not be aware of all the out-of-borough children placed in its area and so cannot alert other important local services, such as education, health and particularly the police, to provide the appropriate support.

I ask the Minister whether that error can be rectified. It is a simple matter of adding one or two local authorities to the circulation list, rather than relying on the authorities to peruse the Ofsted website as reports on individual homes come out. It seems to me that this is part of the joined-up thinking that every inquiry into the failure of safeguarding cases talks about. Let us make it easier for them. Can the Minister also report on the DfE task and finish group looking at out-of-borough placements and say when the Government will publish its findings?

Another problem is that the Department for Education data on missing children is collected differently from the police data. ACPO’s definitions make a distinction between missing and absent children and often do not trigger searches until a child has been away for more than 24 hours. Frankly, that is too long. I know that there is frustration with children who repeatedly go missing from residential homes but, as the Rochdale case showed us, 24 hours is too long away: the abuse can happen within a very short timescale. The child then returns to the residential home and may disappear again. The Children’s Society’s Still Running survey shows that 52% of looked-after children in the survey had run away overnight on at least one occasion.

The Serious Organised Crime Agency and UK Missing Persons Bureau report on children missing from care highlighted the problem of the difference in the way that data are collected. Can the Minister encourage the DfE, the Local Government Association and ACPO to agree on a standard definition, and please can it be collected consistently? We need to know the scale of the problem. The Still Running survey gives a much higher level of running away than the figures supplied by the police, and it is suspected that many of the police data are under-reported, whether by them or by local authorities.

I add my congratulations and thanks to those expressed by my noble friend Lord Listowel to the Minister, Tim Loughton, who has done an enormous amount of work in this area. He made a very positive statement in another place on 3 July about the skill set needed for staff in residential homes. It appears that in a number of places the professional relationship between the staff and the looked-after children in their care just has not worked. There have been reports of staff unable to prevent children running away and, with children moving from placement to placement, there is virtually no time for staff to get to know a child and their background before the first crisis hits. Knowledge of their background might prove helpful in knowing how to handle the crisis. That must change. We need professional qualifications for staff in residential homes, as has already been mentioned. These staff, after all, are looking after children with the most complex problems imaginable. With fewer and fewer local authority-run homes, what check is there on the qualifications of residential home staff in private homes? Can the Minister say whether there will be further requirements on privately run residential homes to demonstrate that their staff have qualifications and to undertake continuing professional development on a regular basis?

If noble Lords have ever talked to looked-after children in the care system, or met them later in their lives, they will know that it is obvious right from the start where the system has worked for them or failed. I want to end by talking about a young man whom I met 10 years ago when Cambridgeshire County Council reviewed its fostering arrangements, including a new and comprehensive guide for foster parents. I was one of the councillors on the panel. We were lucky enough to have as one of our expert members on the panel a young man who was just starting out at university and who had been in foster care since he was seven. I shall call him Tom. He had moved from placement to placement in the early years but had been with one family for the preceding six years, and that relationship had transformed his life. He said that without their love and care, including that of his foster siblings, he would probably not have managed to stay on at school until, let alone beyond, the age of 16. He was the first person in his family to go to university. Through the generosity of his foster parents—and at no inconsiderable cost to them—they had kept his room for him during the holidays, otherwise he would have been on his own at his university halls of residence in the holidays.

Tom knew exactly what we needed to do, including the need for support after the age of 18, which thankfully is now much more available. His sage advice then meant that Cambridgeshire was able to give its foster parents a really effective head start in their support for youngsters in their care. Do enough local authorities actually seek the advice of the young people in their charge?

Sadly, Tom’s experience is not the norm. Local government talks about corporate parents, and rightly so, but I think that this term needs to extend beyond councillors and the professionals involved in the work with looked-after children. All of us in public life have a responsibility. That responsibility extends beyond learning the lessons from the dreadful incidents of the past—although we must do so—to ensuring that looked-after children get a consistent, supportive and reliable service that will give them the basis to rebuild their lives after their traumatic start.

Education: Development of Excellence

Baroness Brinton Excerpts

Thursday 18th October 2012 Lords Chamber

[Baroness Brinton]

My Lords, I, too, congratulate the noble Baroness, Lady Perry, on initiating this debate and on her excellent speech. In her wide-ranging speech, she referred to the importance of vocational education, as have other noble Lords, and that is what I want to concentrate on in the first part of my speech this afternoon.

I am very pleased that the noble Baroness, Lady Taylor of Bolton, talked about parity of esteem, because it is a phrase that seems to have disappeared over the past few years. I accept that everyone says that we must have an excellent vocational system, but I am very concerned that some measures in place at the moment make parity of esteem difficult or, worse, might unwittingly encourage actions that meet performance table measures but militate against excellence. For example, the new Ofsted framework no longer includes a grade for the quality of post-16 education. Some reports might include just a one-line descriptor of what is happening in a school’s sixth form. Parents look at Ofsted reports, and if a school is deemed to be outstanding at the pre-sixth form level, that is wonderful, but parents need guidance when they are trying to compare what is on offer in their local area. They need a comprehensive report.

More worryingly, Ofsted judges colleges by a different yardstick to schools: their success rates—that is, the number of students who start and subsequently achieve a qualification. However, they rarely comment on that for schools and academy sixth forms. There is also inequality in judgments across post-16 providers because there is no common methodology for assessing student outcomes. Given that the White Paper, The Importance of Teaching, said in 2010 that the Government would introduce clear comparison measures between providers of 16-18 education, can the Minister please update the House on the progress of this important aim?

I want to address briefly the announcement earlier this week about what has been called revisions to A-levels. I prefer to see it as the broadening of the academic qualification at 18. I was, for 10 years, a governor at Impington Village College, a comprehensive community college in Cambridgeshire, which was one of the first state schools to introduce the international baccalaureate. Indeed, two of my children did the IB.

I have long regretted the narrowness of the A-level curriculum and endorse the points made by the noble Lord, Lord Broers, that we need a much broader system. The strength of the IB is that if you are a scientist you must continue with English language and at least one humanities subject, while if you are a humanities student you must continue with maths and science right the way through. It provides an excellent pre-university qualification, part of which, to pick up comments from other noble Lords, includes a module on students’ own community service. Many people do not know that the international baccalaureate programme offers education from early years right the way through to 18, and at different levels. It is not just a top-strand academic qualification. I hope that in the revisions which the Secretary of State announced earlier this week, we really will look at broadening sixth-form or 16-18 entitlement, whether academic or vocational.

I want to pick up on a point raised by the noble Lord, Lord Lucas, about class sizes not mattering. At Impington Village College some years ago, we took the view that we would alter class sizes. Some students really needed very small classes to be able to progress. They were often those who came from backgrounds without educational support. The more able students who had parental support did just as well in much larger classes. The point is that the schools have to be able to have that flexibility.

Finally, I reassure the noble Lord, Lord Lloyd-Webber, that there are already a number of craft awards. There are not just the William Morris fellowships that the noble Lord, Lord Cormack, mentioned. John Hayes announced earlier this year the new national craft skills awards, while the Royal Television Society has craft and design awards. The UK’s skills show in November is going to showcase the best of this country’s craft and technician students. It would be lovely to have more celebrities supporting them. If that means a glitzy ceremony in London bringing them all together, I am all for it.

Education: 16-19 Bursary Fund

Baroness Brinton Excerpts

Monday 11th June 2012 Lords Chamber

[Lord Hill of Oareford]

As we have previously debated, the Government decided that we had to change the EMA because it was going to 45% of all 16 to 19 year-olds and we did not feel that was a targeted measure of support. I recognise the purpose that lay behind it, but we felt that in a difficult time we had to make some savings. We have managed to reduce the costs by £380 million. There is the element that goes to the neediest children; that £1,200 a year is a fraction more than they would have received under the old system. However, we have taken the view, which I know is different from that of the previous Government, that local institutions such as schools and colleges should decide how to allocate the funds. We have put enough in there—£180 million—to pay the equivalent of the old EMA to 15% of that age group, which is about the proportion who were in receipt of free school meals.

[Baroness Brinton]

My Lords, given that three times the number of students who study in further education colleges come from backgrounds which would entitle them to free dinners, can the Minister explain why these young people are denied access to free lunches unlike their counterparts who remain in school and academy sixth forms? When will the Government end this unfair and discriminatory practice, which affects over 100,000 students?

[Lord Hill of Oareford]

I understand the point and the anomaly to which my noble friend refers. It is true that, unfortunately, there are a number of anomalies in education where decisions on different cut-offs, age ranges and so on have been taken over the years. As regards when we will be able to put it right, I am afraid that, in the circumstances and with the current limited budgets, the honest answer is that I am not able to give her any date. It is the case that the bursary fund can be used to help defray some of those costs and I know that colleges are using it for that purpose.

Education Bill

Baroness Brinton Excerpts

Wednesday 9th November 2011 Lords Chamber

[Baroness Brinton]

My Lords, I, too, thank the Minister for this amendment. I am somewhat relieved, as is the noble Baroness, Lady Sharp, who cannot be here tonight, because it was our amendment about the ONS issue that really sparked the whole debate about student and staff representation in further education colleges. I am grateful for that. In conjunction with the other thanks, I also thank the noble Baroness, Lady Verma, and the noble Lord, Lord Henley, for their contribution to the Bill on the higher education elements that we had earlier. I am extremely grateful to all the Ministers for the concessions that we had in guidance and in other helpful ways, which have happened during the passage of the Bill. As the noble Baroness, Lady Jones, has said, that has helped to improve the Bill from its original state.

[Lord Hill of Oareford]

My Lords, I am grateful for the support for this amendment, which strikes the right balance between raising the issues raised with respect to college classification while safeguarding staff, student and parent voices on the governing body of a college. I am grateful to the noble Baroness, Lady Jones of Whitchurch, for the spirit in which she approached the issue, which summed up how noble Lords on all sides of the House have approached the Bill overall. As the noble Baroness, Lady Jones, said, it is over five months since the passage of the Bill started. At that point, we were moving towards the longest day and we are shortly approaching the shortest day. During that nearly half a year I have been extremely grateful for the advice that I have received from all sides of the House.

As a result of the detailed scrutiny to which the Bill and I personally have been subjected, however painful at times, it is a better Bill. We have brought forward a number of amendments in response to concerns that have been raised—on Ofqual enforcement powers, the duty to co-operate, admissions and inspections, teacher anonymity, colleges, apprenticeships and direct payments. As my noble friend Lady Walmsley said, we have also committed to use statutory guidance or regulations to address concerns raised about behaviour and discipline, careers and part-time students in HE. So I would like to thank in particular my noble friends Lady Walmsley, Lady Brinton and Lady Sharp for their advice, which has helped us. I thank, too, the noble Baroness, Lady Jones of Whitchurch, who I hope will pass on my thanks to the noble Baroness, Lady Hughes of Stretford, for the constructive challenge that they have provided throughout. There have been very important contributions on this Bill from all sides, and from the Cross Benches—particularly on SEN issues and the duty to co-operate—and from the Bishops’ Benches, which have underlined the important role that faith schools play across our education system.

I am particularly grateful for one piece of advice that I received from my noble friend Lord Lucas, which I thought summed up our deliberations on this Bill. It is a quote from John Stuart Mill, who must have been sitting in Committee when he said:

“Education, in its largest sense, is one of the most inexhaustible of all topics … and notwithstanding the great mass of excellent things which have been said respecting it, no thoughtful person finds any lack of things both great and small still waiting to be said”.

I thought that was a pretty good summation of our debate.

Like the noble Baroness, Lady Jones of Whitchurch, I put publicly on the record what I hope the members of the Bill team know privately—that is, my gratitude to them, as they have been exemplary in every way. I have been very glad to receive lots of praise from many noble Lords about how they have behaved, and I am glad to have the chance to say to them, although they always want to be anonymous and nameless, how much I appreciate the work that they have done and how much it has helped all of us arrive at a better place with the Bill.

Education Bill

Baroness Brinton Excerpts

Tuesday 1st November 2011 Lords Chamber

Moved by

[Baroness Brinton]

89ZA: After Clause 73, insert the following new Clause—
“Repayment of loans for part-time students
No part-time student shall be required to repay their loan until—(a) they have completed their studies, or(b) four years and six months has passed since the start of their course, whichever occurs first.”

[Baroness Brinton]

I rise to speak to Amendment 89ZA in my name. I thank the Minister for her letter of 25 October, in which she reports that the Minister for Universities and Science has agreed to accept that the statutory repayment date for all those studying part-time will be the April that falls four years after the start of their course. This seemingly small decision will have a very large impact on part-time students across the country, and I am absolutely delighted with the news.

The Open University has said it will make a significant difference to many of its over 200,000 students, and Birkbeck College has written to me to say that this is also very important for its non-traditional students, who are often juggling their study with work, mortgages and family commitments. I am also concerned that we need to ensure that the budget for widening participation, which the Government have provided this year and is being distributed by HEFCE, continues because these non-traditional students must get the right support to enable them to access the university courses that they need. I hope that the Government will ensure that the current HEFCE widening participation grant will continue beyond 2012.

I also thank the Minister for arranging a meeting with the Minister for Universities and Science later this week. I wish to raise with him the points I covered in Grand Committee, which also relate to the issue of part-time students repaying their loans. First, I am hoping for confirmation that the arrangements for part-time higher education students on fee loan repayments will also apply to the other new group of students now able to access loans to cover fees—that is, adult students over 25 studying a level 3 qualification, including but not only access to HE. That would, after all, be only fair and equitable.

Secondly, in Grand Committee I mentioned a letter from the Minister for Universities and Science to million+ at the beginning of September regarding the proposed government fee caps for part-time students, which may well leave universities and part-time students with an inadvertent problem. The impact assessment for the Education Bill says:

“The Bill also proposes to give the Secretary of State the power to specify in regulations the maximum tuition fee that higher education institutions (HEIs) may charge part-time undergraduate students in a given year. The level of the cap will be set through regulations, and the Impact Assessment will be published at that stage.

The current proposals for the cap, taken in isolation, will have no significant costs and benefits that can be monetised. This is because our analysis suggests that part-time course tuition charges do not currently exceed the maximum amounts proposed for the cap. The upper fee amount will be £6,750. The lower fee amount will be £4,500”.

This means that for part-time students there are proposed fee caps of £6,750 and £4,500, which relate to 75 per cent of a £9,000 full-time fee and 75 per cent of a £6,000 full-time fee respectively. This proposal assumes that part-time students do not study at more than 75 per cent intensity and that universities would be seeking to raise part-time fees excessively if the cap was higher than that proposed by BIS. This fundamentally misunderstands how part-time students study. In practice there is inevitably a good deal of flexibility in relation to the intensity of study, which may vary according to circumstance, such as work, family commitments and the number of modules that students have been able to study in previous years.

Part-time and full-time study are both based on modules and credits rather than percentage intensity. There are 120 credits in an academic year and it would be much more helpful for students if universities were able to charge these part-time fees on a pro rata basis linked to credits undertaken and the full-time fee set by the university for the course in question, with an eligibility floor of 25 per cent intensity. This would provide more flexibility for students and would be no more costly overall in respect of fee loans, especially since part-time students will not be eligible for maintenance loans or grants.

Pro rata charging would also ensure that there was equity of funding between full-time and part-time modes as well as transparency of costing. The most transparent costing methodology is credit based, but this will not work if students and universities are limited in how they deliver their courses. As well as being difficult for universities to administer, this arbitrary cap of 75 per cent could well have many perverse consequences. These could include students on the same courses and studying at the same intensity being charged different prices as a result of studying at different intensities in previous years. It could mean that students end up paying less or more than 100 per cent of their degree cost.

I am quite sure that the Government never planned for this law of unintended consequences to prevail, and I am looking forward to discussing this with the Minister and the Minister for Universities and Science later this week. I hope that we will be able to have a letter on this complex issue before Third Reading.

To end on a high note, and to make it absolutely clear to the Labour Opposition, who seem to have taken delight in mischievously not noticing when the Government have given significant ground on issues, I thank the Government for changing the fee loan repayment arrangements for part-time students, so that now they match the arrangements for full-time students. Our universities will now have a clear message that part-time higher education will be free at the point of study for the vast majority of students. I beg to move.

--- Later in debate ---

[Baroness Verma]

My Lords, first, I thank my noble friend and the noble Lord for their warm welcome to the Government’s response. The amendment in the names of my noble friends Lady Brinton and Lady Sharp, and the noble Lord, Lord Stevenson, seeks to extend the repayment due date. I also thank them for championing this point and apologise for the delay in arranging a meeting with my right honourable friend the Minister for Universities and Science and myself. As noble Lords know, I take pride in delivering on my commitments and I am sorry that there has been this delay.

My right honourable friend has listened carefully to the debate in this House. He has considered all the arguments and has asked his officials to have those further discussions. While we are not able to accept the amendment as it was laid, I am pleased to confirm that through secondary legislation we will set the repayment due date for part-time students as the April which falls four years after the start of their course or the April after a student leaves their course if that is sooner. A letter has been laid in the House Library to this effect, and I am pleased to note that this change has been resoundingly welcomed by the sector.

My noble friend Lady Brinton asked about widening participation. To ensure a fair deal for poorer students, we have announced a new £150 million national scholarship programme to support students from disadvantaged backgrounds. I will write to my noble friend on HEFCE’s widening participation funding. I also hope that she and the noble Lord will take the opportunity later this week to discuss this and all other issues raised by noble Lords today with my right honourable friend.

My noble friend and the noble Lord asked about regulation. My noble friend proposes a more rigid system of regulation than that put forward by the Government. We do not believe that there is evidence that such a system is needed. Our proposals establish a common framework within which higher education institutions have flexibility to set their own pricing. They need to be sensitive to the level of pricing that potential students will bear. Part-time students may simply not accept charging over and above the relevant proportion for their full-time equivalent. Our proposals protect students by ensuring that their loan will cover the full amount charged and by securing investment in widening participation and fair access. We will of course carefully monitor the new system and, if we need to, we will review and revisit it.

The noble Lord, Lord Stevenson, asked about the regulatory burden. This cap will enable higher education providers to set their own charges as they do now but up to a maximum amount specified in regulations. We do not believe that this will cause an unnecessary regulatory or administrative burden. Our proposals establish a common framework.

I look forward to further discussions with the noble Lord, Lord Stevenson, and my noble friends Lady Brinton and Lady Sharp. This week, my right honourable friend will speak to them and I hope that we will have some fruitful discussions. Therefore, I hope that my noble friend will withdraw her amendment.

[Baroness Brinton]

I thank the Minister for her response and the noble Lord, Lord Stevenson, for his contribution. There is much agreement about the principle of the repayment of fee loans for part-time students. The other issues raised are complex and they sit beneath the primary legislation. I am grateful for the meeting to be held later this week and I am pleased that the Minister thinks that we can have fruitful discussions.

The only point that I would make is that neither myself nor the noble Lord, Lord Stevenson, think that we are proposing a tighter regulation base. In fact, the present system will constrain universities and students because it is rigid and, as I said earlier, may provide a law of unintended consequences where some students may bizarrely end up paying more than the cost of their course because of this structure of breakdown. Those are the discussions that I hope we are aiming for.

As I said at the end of my speech when introducing this amendment, I want to end on a positive note. I thank the Minister and the Government for agreeing to the principle of this amendment. I look forward to the revised legislation coming through and I beg leave to withdraw the amendment.

Amendment 89ZA withdrawn.

Education Bill

Baroness Brinton Excerpts

Monday 24th October 2011 Lords Chamber

This should not just be an optional provision in schools: it should be a right, set out not in guidance, but in the Bill. I therefore draw your Lordships’ attention in particular to our Amendment 57CA, which summarises our position, with Amendment 59D being a consequential amendment. I also give advance notice that we would like to withdraw Amendment 59A in favour of Amendment 58, the amendment of the noble Baroness, Lady Brinton, on professional qualifications. I beg to move.

[Baroness Brinton]

I shall speak to Amendments 58, 59, 60 and 61. I welcome the Minister’s letter of 20 October, which has given some helpful answers, but there are some further queries that I wish to raise in today’s debate.

With regard to Amendment 58, the letter from the Minister makes it clear that there will be robust standards and quality assurance—for that, we are pleased—through the Careers Profession Alliance and its proposed online register, which will also recognise those who have achieved a level 6 standard. This is very welcome, but I wish to ask the Minister for confirmation that statutory guidance will make it clear to schools that they must use this standard when commissioning.

Amendment 59 addresses the thorny issue of face-to-face advice, which we discussed at considerable length in Committee. In a perfect world, all schools would ensure that all pupils get at least one face-to-face interview, but the Minister’s letter makes it clear that that is not what the Government are looking for. Our amendment seeks to ensure that the most disadvantaged—the ones who were caught by the original inverted pyramid of the Connexions service proposals—would get face-to-face advice because it is extremely important that they do so. Let me explain why.

The Association of Colleges has recently surveyed pupils considering options for post-16, and while 64 per cent of young people considering their options know about A-levels, only a shocking 7 per cent can name apprenticeships as a qualification, just a quarter know about NVQs, and 19 per cent are able to name BTECs. Those pupils for whom A-levels are not the correct route will not know what they do not know. We have often talked about that in this House as a “Donald Rumsfeld moment”. On these Benches we remain very concerned that asking them to go on to a website and rootle around to find what might be appropriate for them is not going to be enough.

Schools will need to ensure that those most likely not to take A-levels or follow an academic route, some of whom may be at risk of becoming NEETs, should have access to face-to-face advice. Our amendment makes it clear that face-to-face advice must be offered to the disadvantaged. We have kept it as a fairly broad phrase, but for the avoidance of doubt we have included free school meals and those with SEN. But it is broadly inclusive so a school can look at its pupils and make its decision about where to draw those lines.

Amendments 60 and 61 cover the issue of when high-quality careers advice should start and end. I am grateful to the Minister for the discussions we have had outside the Chamber about whether a 14 year-old, as stated in the Bill, is actually a rising 14. Our amendment would make it clear that young people should be getting advice when they are beginning to consider their options for years 10 and 11 at school. If it starts later than that, after they have chosen their options, whether they want to follow an academic or a vocational route, they could compromise their future pathway. That seems wrong to us, so I ask the Minister to be clear that this is for rising 14s; that is, that those in year 9 who start the year as 13 year-olds and probably end it as 14 years-olds will be covered.

We also want to ensure that some provision is made for post-16 advice, principally again—I repeat the point—for those who may not be taking an automatic route into A-levels at school and then on to university. An enormous breadth of vocational training is available, along with an enormous number of qualifications. I know from my own experience that when, as the chair of a learning and skills council, we tried to map out the vocational pathways in our county area alone, it was almost impossible to do so. How on earth we expect 15 and 16 year-olds to make headway on their own is, I think, unhelpful.

Finally, I welcome the Minister’s affirmation in his letter of 20 October that local authorities that are currently letting their careers staff go are continuing to deliver their responsibilities as regards careers advice until schools take this over next year. In particular, I welcome his comment that if local authorities prove not to be doing that at the moment, the Department for Education will take them to task.

[Baroness Howe of Idlicote]

My Lords, I rise to support these amendments, in particular those mentioned by the noble Baroness, Lady Brinton. The whole business of giving advice to children early is, frankly, crucial—and it is not just advice, but a rather wider range of intelligence about the world in which they are going to emerge. I recall my experience in the early days at the Equal Opportunities Commission when girls’ schools were not very good at giving the full range of possibilities, not least the range of likely earnings in particular careers. I think that some degree of inheritance remains that probably needs coping with. I would particularly want to target girls’ schools in this respect. I notice that they have not really been mentioned in any of the briefings.

The country’s need for skills at a particular time needs stressing. After all, those are the areas where you are likely to get jobs, although, frankly, it is not going to be easy in these economic conditions, whatever your age is. I have another worry about this whole area. Although I appreciate this business of wanting to give as much discretion as possible to local government in how it distributes its resources, it is important to see that some degree of uniformity is continued. Yet UNISON, having done its research, says that, of the 144 local authorities, only 15 are likely to maintain substantially what they are doing at the moment. There seem to be cutbacks everywhere. I, too, welcome the letter from the Minister of 20 October, in which he set out very clearly the Government’s aims, particularly for those with special needs, for whom there must be a very early introduction to the kind of possibilities that are available. Indeed, a great deal of encouragement still needs to be given to employers to provide the flexibility that is going to be required in many of the job and skills opportunities for the future.

I think that is enough from me, but I certainly think that we are going in the right direction in many of the amendments that have already been tabled and accepted by the Minister.

--- Later in debate ---

[Lord Hill of Oareford]

My Lords, I am grateful for this chance to return to the issue of careers guidance and the Government’s proposal to give schools greater responsibility for securing appropriate support, based on the needs and circumstances of pupils. As the noble Baroness, Lady Jones of Whitchurch, said, we had a good and extensive debate on this in Committee, and I am grateful to noble Lords, particularly to my noble friends Lady Brinton and Lady Sharp of Guildford, for meeting me and my honourable friend John Hayes recently to discuss some of the areas of their concern.

Perhaps I may briefly set out the context in which we are implementing changes to the delivery of careers guidance. We know that the single most important factor in making sure that young people carry on and prosper in post-16 education—which is what we all want to encourage—is that they do well before they are 16. Only one in 40 students who get five good GCSEs is NEET at any point after the age of 16, compared to one in six of those who do not get five good GCSEs. Without that bedrock of achievement, the potential of adding to that, even with the best advice and guidance in the world, is quite limited. That is why our focus is on what goes on in schools.

I say that to demonstrate why we have chosen to focus on improving the quality of teaching and learning in our schools, and on introducing the pupil premium to help improve the attainment of children from disadvantaged backgrounds, about whom we have already spoken. At a time of economic difficulty, we are moving away from centrally-directed services and have protected school budgets as much as we can. We have given schools greater autonomy and the flexibility to determine the best use of resources for every pupil.

We disagree with the party opposite in seeking to move the focus away from—in the jargon—inputs to outcomes, because we think that it is more important to know how a school or college does by its students than to know precisely what it does. That is the thinking behind the development of new destinations measures. We think that these will show parents and pupils how well a school or college does in helping its students on to positive destinations, whether it is in further education, higher education, apprenticeships or work. We think that those will act as a powerful tool to help those institutions to make sure they look at everything that leads to positive outcomes, from education through to, and including, careers guidance.

A number of amendments in this group touch upon the important issue of the quality of careers guidance and how we can help to ensure that what is available to schools is good quality. I agree with the noble Baroness, Lady Morris of Yardley, about the importance of that. There is no disagreement between us. Careers guidance should be of the highest standard and offered free from the influence of any particular organisation. That is a point that was raised by a number of noble Lords who, I know, have been concerned that sometimes schools have steered children in a particular direction and not towards apprenticeships or other rival institutions.

The national careers service will be required to meet a robust high-quality standard and all providers involved in the service will be expected to be accredited to the standard by April 2013. It was recently announced that this quality standard would be the revised matrix standard, and that will assist schools in making well informed decisions about which providers they want to work with.

Alongside this, the Careers Profession Alliance is taking forward work to increase the professionalism of the careers workforce in response to the recommendations of the Careers Profession Task Force. An online register for members who have reached a level 6 qualification, have agreed to uphold a code of ethics and have demonstrated a strong commitment to continuing professional development, is expected to be introduced in April 2012.

We spoke in Committee of the need to reduce generally the burden of guidance from the centre. There were previously 169 pages of guidance on careers for schools, and we want to reduce that. However, having listened to contributions in Committee, I recognise that it is sensible to allow scope for focused guidance to be issued to schools to support them in fulfilling their new duty. After considering the concerns raised by my noble friends Lady Sharp of Guildford and Lady Brinton at a recent meeting, I want to go further and ensure that the statutory guidance highlights to schools how they can be confident that the external support they are buying in is of the desired quality. The guidance will contain a clear description of the quality standard for careers guidance for schools in commissioning independent advice and support for their pupils. I will certainly commit to consulting on that guidance.

[Baroness Brinton]

Is the Minister talking about statutory guidance here? He did not use the phrase “statutory guidance” at the beginning of the debate on this clause.

[Lord Hill of Oareford]

Yes, it is statutory guidance. I thought I had used the phrase; forgive me. I welcome the views of my noble friends and other noble Lords, who I know feel strongly about this issue. We have also confirmed that a thematic review of careers guidance will take place following the commencement of these provisions. That will look carefully at the quality of provision and the extent to which this has an effect on pupils’ understanding of the options available to them as they progress through school.

The second main area of debate has been the question of how careers guidance is delivered. While recognising that young people receive advice from many different sources, and the fact that many young people say that they prefer to get information online, I accept the case made this afternoon by my noble friends and noble Lords opposite, including the noble Baroness, Lady Jones of Whitchurch. Pupils can benefit enormously from support offered in person that raises their aspirations and guides them on to a successful path. This is particularly true of those young people who are disadvantaged and may not have access to a social network of people in a range of jobs, who come from a background of intergenerational unemployment, as has been mentioned, or who have special needs or are learners with learning difficulties or disabilities.

Given that, I am also happy to commit to highlighting this issue in statutory guidance and making it clear to schools that young people have much to gain from a face-to-face exploration of their skills, abilities and interests, which can help them think through the learning and career options available to them. I understand the point that was made about apprenticeships in particular, and the lack of knowledge about them. We are all keen, on all sides of this House, to encourage take-up of apprenticeships. We will place a clear expectation on schools that they should secure face-to-face careers guidance where it is the most suitable support, in particular for disadvantaged children and those who have special needs or are learners with learning difficulties and disabilities. These messages in the guidance will be further strengthened by the sharing of effective practice and evidence about what works. Underpinning both the quality assurance of careers guidance and our statutory guidance to schools will be a clear, outcome-based measure of the effectiveness of schools in meeting their new duty. Those are the destinations measures that I talked about earlier, which will provide a powerful incentive to provide high-quality advice.

We have also talked about the age range, which is important. Clause 27 requires schools to secure access to independent careers guidance for their pupils from the start of the academic year in which they turn 14— year 9—to the end of the year in which they turn 16, year 11. The case has been made by a number of noble Lords on all sides of the House that we should extend this age range upwards to include young people studying in school sixth forms and colleges. It has also been suggested that we should extend the age range down to year 8. There is a clear case for independent careers guidance for 16 to 18 year-olds in schools and the further education sector, particularly as we move towards the raising of the participation age. We have committed to consulting on extending the age range upwards. We can make that change through secondary legislation once the consultation is complete.

Similarly, I accept that an argument can be made for commencing the duty from year 8, when the first major decisions relating to post-14 options are taken. Again, I make it clear that we will consult fully on this issue and we will be able to make changes through secondary legislation once that consultation is complete. Just to be clear, that consultation will be complete in time to extend the age range of the duty by regulations from September 2012.

As regards the important point raised by the noble Lord, Lord Morris, we are working with local authorities and others on the transitional arrangements. It is clear that we want them to carry on with those until the new duty is put in place in September 2012.

I know that I will not be able to convince all noble Lords about the course of action that the Government are taking, but I hope that I have reassured them about some of the steps we have taken to respond to those concerns. With that, I hope that the noble Baroness, Lady Jones of Whitchurch, may feel able to withdraw the amendment.

Education Bill

Baroness Brinton Excerpts

Tuesday 18th October 2011 Lords Chamber

[Baroness Howarth of Breckland]

My Lords, I recognised that there would be a number of reasoned arguments and I stand with my colleagues who made them. I took a rather different way on this. During the summer I consulted a number of friends and my family—it was a random experiment—and it became absolutely clear that they did not believe that I was telling the truth when I said that it was the Government’s plan that when their child was going to be detained they would not be told. They said, “You are making it up”. That was the first response.

The second response from rural parents—I work and have friends in London but I live in a rural area—was, “But there is only one bus. They cannot be detained without notice because if they do not get on the bus they do not get home at all”. We have to remember that not every poor parent in a rural area has a car; they depend on that transport. There are no other bus services or taxis; you catch the school bus or you do not get home. The third response was the sheer indignation that this was “my” child, not owned by anyone else.

The common thread through all that was that the parents were quite keen for the child to be disciplined at school. There was no disagreement that the child should not receive their discipline, that detention might be the right answer, or that the closer it was to the incident the better little Jonny would learn from it. The disagreement was that parents had to know that their child was going to be detained so that they could ensure the protection of their child and were not worried out of their minds. I hope noble Lords will forgive my anecdotal bit of research but it was pretty consistent with the reasoned arguments that we have heard this evening.

[Baroness Brinton]

My Lords, I also support Amendment 33, which I have added my name to. I will not rehearse the arguments that have been made by noble Lords who have already spoken except to say, as I said in Committee, that these issues about safeguarding are absolutely paramount. There is one area that no one has picked up on but of which I have personal experience. Looked-after children, foster children or children with difficult family arrangements often have complex arrangements at the school gate. For this particular group, it is always vital that the parent with the residency order knows exactly what is happening.

My own experience was at primary school level, where the school was fully on board with all the issues. In a large secondary school with 1,200 pupils, I worry that a teacher or head of department handing out a detention might not be aware of such complex arrangements. For such reasons, which also come back to safeguarding, this is really important. Amendment 33 does not ask for much. The key thing from this Side is for the Minister to please look again at the wording. We want a really clear statement that nothing will be done that will compromise the safety of the child. That is the absolute nub of it. We can all give many more anecdotes but fundamentally, at its root, this is about the safeguarding of children.

[Baroness Garden of Frognal]

My Lords, there is clear evidence that good standards of behaviour are vital if children are to receive a high-quality education. We know that a clear and consistently applied behaviour policy, including rewards and sanctions, helps schools to achieve these standards—indeed, noble Lords have acknowledged that in their comments.

There is strong public support for improving the standards of behaviour in schools. A recent survey for the Times Educational Supplement found that 91 per cent of parents and 62 per cent of children favour tougher discipline in secondary schools. The same poll found that 88 per cent of parents and 60 per cent of pupils supported teachers in giving after-school detentions. The head teachers who gave evidence in the other place made clear that detentions are a key part of maintaining good behaviour. As has already been mentioned, Sir Michael Wilshaw went so far as to say that detentions were,

“a crucial plank in our behavioural policy”.

There is a certain level of agreement among us that behaviour patterns and detentions are part of a way in which a school operates effectively.

This clause removes the requirement for schools to provide 24 hours’ written notice of detention outside school hours. In doing this, we seek to enable head teachers and teachers to use detention in the way most suited to the circumstances of their individual schools and in the way that is most appropriate to the pupil or incident with which they are dealing.

Various concerns have been raised today. It might be helpful to noble Lords if I set out what a school has to do, by law, to issue an after-school detention at the moment. First, under Section 89 of the Education and Inspections Act 2006, the head teacher must determine and make generally known in the school and to parents whether the school issues detentions outside school hours.

Secondly, Section 91 of the same Act requires that detentions must be reasonable and constitute a proportionate punishment in all the circumstances. There must also be strong assurances that, when issuing a detention, school staff must have regard to any known special circumstances of the pupil, including the pupil’s age, any special educational needs, disability or religious requirements. That would certainly affect any looked-after children or children with caring responsibilities.

Thirdly, a further safeguard in Section 92(5) of the Act provides that if arrangements have to be made for a pupil to travel home after a detention then, when deciding whether a detention is reasonable, the member of staff must take into account whether suitable travel arrangements can be reasonably made by the pupil’s parents. Many noble Lords have raised concerns about children being unable to get home after detentions in rural areas but we believe this safeguard is designed to address that concern. It is already there, as one of the safeguards that the school must have regard to. A detention that left a child unable to get home in a safe way would not be reasonable in the circumstances and would be in breach of the existing safeguards. I can well understand my noble friend’s point about children with caring responsibilities, and with these other difficulties that we have outlined, but the safeguards above prevent a young carer being given an out-of-hours detention if it is unreasonable, given their individual circumstances.

There is one additional requirement: that parents must be given 24 hours’ written notice of a detention outside school hours. So, in the long list of requirements that schools must follow before issuing an after-school detention we want to remove just one. Why do the Government want to remove the requirement for 24 hours’ written notice? We have had briefing from the Association of School and College Leaders, which made it clear that,

“generally such punishments are most effective if they take place as soon as reasonably practical”.

Indeed, the noble Baronesses, Lady Jones and Lady Howarth, both acknowledged the fact that immediacy of punishment for a crime is a much more effective way of disciplining young people.

The requirement as it stands also places many good schools that issue 15-minute detentions at the end of the school day in breach of the law. These schools do not and would never for a moment consider jeopardising a pupil’s safety or damaging relations with parents. Of course, even with the present requirement for written notice in place there is no guarantee that parents will be aware that a detention is happening. Schools may send the notice home with pupils, who may or may not pass it on to the parent. Equally, an e-mail from the school may not be read that day or parents may not be contactable by telephone. This means there may be cases where parents have not been aware of detentions in advance, but we have absolutely no evidence that this has led to children’s safety being compromised.

My noble friends’ amendment seeks to replace the present requirement, which I think we agree is problematic, with one under which parents must confirm that they are aware of a same-day detention after school, or must receive 24 hours’ notice of it. We well understand their intentions; we would all want parents to play a full part in ensuring high standards of behaviour and to be aware when their child is at school. I fear, however, that the amendments would cause similar problems to the current requirement. Asking that a parent confirms that they are aware of a same-day detention means that a teacher would be prevented from keeping a pupil back, even for 15 minutes at the end of the last lesson of the day, without first making arrangements to contact the parents. Noble Lords can imagine how long that could take and that on many occasions it will be impossible to gain confirmation at short notice that a parent is aware of a detention. I remind noble Lords of all the safeguards which are already in place to make quite sure that transport is there and that the young people do not have caring responsibilities, where after-hours detention would obviously not be appropriate.

There are other cases where an unco-operative parent could, in knowledge of such a requirement, ignore attempts by a school to contact them in order to prevent a same-day detention. They could simply let phone calls go to voicemail or not answer an e-mail, so the whole thing could escalate way beyond the 24 hours —and way past the time when the young person had done the disciplinary matter—and escalate the punishment to a level which was never intended. It is because of these consequences of well intended regulation that we believe it is necessary to remove the requirement and rely on the extensive existing safeguards, which require schools to act reasonably in all the circumstances.

Having said that we are not attracted to regulation we take immensely seriously the concerns raised today and in Grand Committee. We therefore propose that advice to schools on this matter could be strengthened to make sure that schools understand what they should do to act reasonably. An addition to the guidance on behaviour and discipline in schools will say:

“When judging whether a detention outside school hours is reasonable teachers should consider whether it is appropriate to give notice to parents”.

They should obviously make every effort to contact parents, but with all the other safeguards in place, and never in any circumstances take actions that would compromise the safety of the child.

Education Bill

Baroness Brinton Excerpts

Wednesday 14th September 2011 Grand Committee

[Baroness Hughes of Stretford]

I shall speak also to Amendments 126ZZB and 126ZBA to Clause 55, and to Amendments 126ZD and 126ZE to Clause 58. Elements in those clauses and these amendments relate to the requirements on the consultation that must take place before a maintained school can convert to an academy. The proposals in the Bill are worded such that the governing body itself can decide who is consulted and when that consultation takes place. That timing can include consultation taking place not only before but after an order is applied for or is made. That seems to us to be contrary to the spirit of any consultation, in which, minimally, there ought to be legitimate parameters around who should be consulted and when the appropriate timing is. Most reasonable people would say that consultation should take place before a decision is made.

These amendments therefore seek to say, first, that there should be some minimal requirements on who is consulted—that the governing body cannot have a completely unfettered right to decide whether anybody, or nobody, will be consulted.

Secondly, the consultation should take place in time to inform decision-making. If it can take place after a decision has been made, if only in principle, that begs the question of what purpose it serves. As to consultation that can take place after an order is made, let alone an application for an order for a school to become an academy, it seems to suggest that the Secretary of State will make a decision in favour of an application whatever the consultation might say. That does not do the Government much good and certainly does not suggest that they regard consultation as a meaningful process.

There are important issues of principle here. Before making this speech, I thought of all the consultations that Governments and many other organisations are required to have with the public before they put forward proposals or change legislation. All the consultations have a set of minimum requirements on the people consulting as to what should be the scope and the best timing for the consultations. I cannot for the life of me think that it is reasonable, again on the altar of freedom for schools, to tear up the reasonable notion that there should be a definition in statute of the scope and timing of this consultation. That is a reasonable thing for the law to say and therefore I hope that noble Lords will support the amendments.

[Baroness Brinton]

I will speak to Amendments 126ZB and 126ZC. Before I do, I will say that I support the comments about consultation made by the noble Baroness, Lady Hughes. Post-event consultation is not consultation. In my experience, and I am sure in that of many noble Lords present, it is infuriating to communities when that happens, because they realise that they are being given information rather than a chance to influence what is happening.

The intention of the two amendments that I am speaking to is simple and sits at the heart of the coalition agreement's stated desire to affirm and support localism. I turn first to Amendment 126ZB. The current consultation on intervention for conversion to an academy is the opposite of true localism. As expressed in Clause 55(3), the consultation is done either by the proposed academy—and we know from experience that many academies do not want to consult widely—or by the Secretary of State. How on earth the Secretary of State or his hard-pressed civil servants can seriously manage such consultations, I do not know. Even more worrying is the fact that this is exactly the role that should be given to the independent but local elected authority, which has the strategic responsibility for economic and social well-being in its area and must ensure the appropriate provision for schools and the learning of education and skills.

Amendment 126ZC follows logically when a new school is being considered for academy status. At present, the Bill leaves everything to the Secretary of State, who will have to consult locally in order to take a view on what is needed. Therefore, it seems sensible that,

“the local authority must confirm whether the school is required”,

taking account of other school provision in the area. We should see new schools only in areas where there is a need. In these straitened times, setting up new schools where there is a surplus of school places is not the most sensible thing to do. Finally, I will just say that we are concerned that this undoes some very sensible work done with the Academies Act before Christmas, and we hope that the Minister will reconsider the Government’s position.

[Baroness Walmsley]

My Lords, I support what my noble friend said. Clause 55(3)(b) states that one of the people who is allowed to carry out the consultation, apart from a school's governing body referred to in Clause 55(3)(a), is the person with whom the Secretary of State proposes to enter into academy arrangements. That does not seem terrible neutral to me. Guess what the result will be. To the question, “Do we want a new academy?”, I think the answer will be, “Yes, we do”. It seems inconceivable that any consultation carried out by the body that is straining at the leash to open this academy is going to come up with the answer, “No, we don’t want it”. So it is not very neutral.

Education Bill

Baroness Brinton Excerpts

Monday 12th September 2011 Grand Committee

Debate on whether Clause 42 should stand part of the Bill.

[Baroness Brinton]

My Lords, my noble friend Lady Walmsley and I have tabled this stand part debate in order to explore the many issues associated with the Government’s intention to extend the inspection of independent schools, which is done by the Independent Schools Inspectorate and other independent inspectorates, from inspecting only educational provision to inspecting welfare provision as well. My noble friend is unable to be in her place today so I speak for both of us.

I thank the Minister for his letter to my noble friend of 19 July, in which he refers to Clause 42. He points out that the ISI already inspects the standard of education of Independent Schools Council member schools. When these education inspections were handed over to the ISI, he reminds us in his letter, safeguards were put in place. Ofsted was required to monitor the work of the independent inspectorates and publish an annual report. Clause 42 provides for Ofsted to monitor welfare inspections as it already does for education inspections. The Minister points out in his letter that the ISI has put in a consistently strong performance in those reports to date. Clause 42 also sets out the matters that the Secretary of State will take into account when approving or withdrawing approval from independent inspectorates.

My questions about this are many, and perhaps we can address them one by one. First, there is a matter of principle. The ISI was originally set up to inspect the ISC’s own members. There is nothing wrong with that. Any organisation may legitimately self-inspect in order to achieve higher quality. A public inspection role is something else altogether, though, and to allow the ISI to move from that to the far more rigorous public role of child welfare inspecting and producing reports on which the public are to place reliance is very dubious unless the safeguards are far greater than those that I have heard so far. I remind the Committee that in this context the public have absolutely nothing else upon which to rely.

It is true that Ofsted monitors the work of the independent inspectorates, but the 2009-10 report consisted of nothing more than a letter from Her Majesty’s Chief Inspector to a civil servant in the department in which only one paragraph covered safety and welfare, and even that paragraph makes claims that are totally inadequate.

I turn to the independence of these inspectorates from the schools that they are inspecting, and the undertakings and terms and conditions under which they take over this new responsibility from Ofsted. The Minister explains in his letter that since 2007 the ISI has been a subsidiary company of the Independent Schools Council, with an independent board. However, a quick look at the accounts of the company shows that the finances of the two organisations are completely intertwined. The words used in the accounts to 31 December 2010 are that the “ultimate controlling party” is the ISC. That does not make the ISI independent in any shape or form.

I am encouraged by the Minister's statement in his letter of 19 July that the ISI will become fully independent of the ISC from January 2012. However, I understand that the inspectors carrying out these inspections will still all have to be members of the ISC. They are all, indeed, teachers or former teachers or heads of ISC schools, so exactly the same board will remain in place. Therefore, how the organisation can, in practice, possibly be considered independent, even under these new arrangements, is something that I struggle with.

What then become even more important are the undertakings and terms under which the ISI takes over this duty from Ofsted. When Ofsted took over the inspection of welfare and safeguarding from CSCI, we were assured that it was under the very same conditions under which CSCI operated. Can the Minister assure me that, when the ISI and the other inspectorates take over from Ofsted, they will again operate under the very same conditions and to the same standards? This is very important for the simple reason that none of these organisations is subject to the Freedom of Information Act, and it can be very hard to get out of them any information that they do not wish to give. In earlier years the CSCI inspection reports and, before that, those of county councils, did a good and thorough job—reliable, conscientious and carried out by those with the right skill set and experience. They were good precisely because they contained no element whatever of educational inspection. Welfare was not bolted on to the end of an education report; the two matters are totally different.

I turn now to the stability of the ISI. During the Recess there was considerable reporting of the fact that the Headmasters’ Conference voted to leave the ISC. It takes with it most of the larger and more influential independent schools, and about £600,000 of the ISC’s annual £1.4 million income. The reason given was that some head teachers are unhappy because the ISC has lost its focus on defending the interests of the independent sector. It is perfectly appropriate for a group to have an organisation to protect its interests, but it is not appropriate for the same organisation to be totally in control of the organisation that inspects child welfare in its schools on behalf of the public. However, the exodus from the ISC creates an organisation the stability and financial viability of which are in question. Taking away the subscriptions of the larger schools leaves it with a large number of smaller schools to support and inspect, and a smaller pool of inspectors from which to draw. Let us recall that all ISI inspectors must be from ISC schools under the current rules. Will the Minister assure us that this aspect of its operation, at least, will change if Clause 42 is implemented?

Another matter that the Government are currently considering impinges on this issue. Clause 39 exempts outstanding schools in the maintained sector from educational inspections. Consequently, there is an impending separation of the child welfare school inspection role from the education inspection role. Clearly, welfare inspections will have to continue in those schools that do not have inspections for their education standards. There will be an unavoidable divergence of inspection cycles, which will have the effect of making integrated inspections impossible in the maintained sector. One of the reasons given for Clause 42 in my noble friend’s letter is that it would give independent schools the benefit of a single inspection event. Leaving aside the fact that welfare inspection is not for the benefit of any school but for the safety and protection of vulnerable children, it will be impossible to do a single inspection anyway. Also, there will to be pressure to relieve independent schools of the burden of inspection at all. Are we seriously to entertain the notion that the best of our maintained schools are to be relieved of the burden of the usual inspection cycle but Winchester, Eton, Harrow and Westminster, with their unarguable high education standards, are still to be inspected? It is obvious that they will want to be relieved of the burden as well. Where will this end? You would have the ISC arguing strongly for its schools to be relieved of the very inspection regime that its own inspection arm is charged with carrying out. This has not been thought through.

Finally, although most independent schools care for and protect their pupils very well, as parents would expect, there have been some appalling cases of abuse, which, when they eventually see the light of day, we discover have been going on for a very long time. I have had conversations with some victims of such long-term abuse. That is why my noble friend Lord Phillips of Sudbury, the noble Baroness, Lady Howarth, and others are very sceptical about the measures in Clause 13 to restrict the reporting of allegations against teachers. It has been far too easy in the past for people to close their eyes to abuse or make it easy for the perpetrator to resign quietly and go somewhere else. I am anxious to ensure that welfare inspections are done rigorously and that vested interests do not get in the way. We must always bear in mind that independent schools are commercial organisations. Even those run by charities make surpluses, which the charities can use for legitimate purposes. Therefore, there is the potential to lose a lot of money if the school is found wanting in the safeguarding department.

--- Later in debate ---

[Baroness Garden of Frognal]

My Lords, I will need to write to the noble Earl on that point, because I do not have the figures for the exact mix between announced and unannounced inspections and how they are carried out.

[Baroness Brinton]

My Lords, I am pleased to hear that the HTC will remain, but the point remains valid that the ISC could be in a state of flux and the financial inspection capability could be affected in future.

I am very grateful to my noble friend for saying that she will come back on detailed points, because there are probably too many to go through this afternoon, but the key things that have come up are the issue of announced and unannounced inspections, which remain a cause for me, and the principle of joining together education and welfare inspections. That remains a difficulty, and I should be grateful if the Minister would look at that again. The other key point that has not been covered is access to information. Having bits of a report somewhere is not the same as freedom of information on the detail of a report. As I mentioned in my speech, many schools in the independent sector would not be happy to have details such as that published and it might be pushed to the back. I am very grateful for the comments of the noble Lord, Lord Lucas. I am sure that the Good Schools Guide would be interested in ensuring that parents have access to information for all the reasons I explained.

[Lord Elton]

My Lords, will the noble Baroness press the Minister a little more on the necessity of having two different sorts of people doing that kind of inspection?

[Baroness Brinton]

I am grateful for the intervention of my noble friend Lord Elton. The key point that I was trying to make earlier is that inspections under CSCI were clearly about welfare, as opposed those of the old-style Ofsted—if I can call it that—which were clearly about education. They require different professionals with different attitudes. It might be possible in some circumstances to run the inspections side by side, as has happened in local government, where there has been a plethora of inspections. However, the inspections are not the same, because they look at different things with different people. I should be grateful if the Minister would write to me on that point as well. I shall not continue my opposition to Clause 42 standing part at this stage, but will look forward to the Minister’s responses before Report.

[Baroness Howe of Idlicote]

My Lords, access to information is crucial. I should like to be assured that all of us sitting around this table will have access to the reply to the noble Baroness.

--- Later in debate ---

Moved by

[Baroness Brinton]

122G: Clause 49, page 41, line 29, at end insert—
“( ) After subsection (3) insert—
“(3A) Notwithstanding subsections (1) to (3), if a pupil registered at a pupil referral unit is also registered at an Academy, the Academy shall pay the local authority which maintains the pupil referral unit the cost of educating the pupil for days when the pupil attends the unit.”.”

[Baroness Brinton]

The amendment has one simple aim in the extremely complex world of schools funding: to ensure that there is a level playing field concerning exclusions from academies to PRUs. I thank my noble friend Lord Hill for his helpful letter to the noble Baroness, Lady Walmsley, who, as I mentioned earlier, cannot be in her place today. I and my colleagues are concerned that in the bifurcated schools funding system that academies and free schools are now part, they should not be at any advantage over a community or maintained school, nor should the funding mechanism make it more beneficial for an academy or a free school to exclude a pupil long-term, which would necessitate a move to a PRU. My noble friend's letter is partially helpful, and I am grateful for that. It states:

“PRUs are centrally funded within a local authority's Dedicated Schools Grant (DSG). When a maintained school converts to Academy status, no funding for local authority places is deducted from the local authorities DSG and the Academy receives no additional funding for this function. So Academies and maintained schools are in the same position in this respect”.

One reason that we have concerns is that academies have consistently had a higher exclusion rate of pupils than community schools. The figures for 2008-09, published under the Freedom of Information Act earlier this year show that on average academies permanently excluded 82 per cent more students— 3.1 per 1,000 compared to 1.7 per 1,000 for non-academy schools. I know that that figure is beginning to reduce, but there is still more than 50 per cent disparity between academies and the community schools.

--- Later in debate ---

[Baroness Brinton]

I thank the Minister for his response on the very varied amendments that we have in front of us for PRUs today. I am sorry to say that, with the noise of the helicopters overhead, I was not quite sure whether he had answered the very specific question I raised in my amendment, about the disparity of funding for PRUs in a local authority area where there is a larger number of academies. I accept that he may not have the details to hand, but I would be grateful if he could let me know whether that is something that could be considered. I believe that the figures demonstrate that there is a serious issue there.

I also understand the points he has raised about limiting the time for which a pupil could stay within a PRU. I certainly take the point that there are some times where it needs to be more than just six months, to maintain continuity. I do not know if noble Lords opposite would take the point as well; however, I believe they said that that was as much a probing amendment as anything else, so I hope that will be acceptable. I remain concerned as well about the Henry VIII provision, and hope that some of the detail can be sorted out before this Bill proceeds into an Act. It is important that the Secretary of State—especially as we are talking so much about localism these days—does not reserve a large number of powers to himself or herself.

On that basis, waiting for the response from the Minister on the very specific point that I made, and knowing that the Report stage is coming, I beg leave to withdraw the amendment.

Amendment 122G withdrawn.

Education Bill

Baroness Brinton Excerpts

Wednesday 20th July 2011 Grand Committee

[Baroness Sharp of Guildford]

Certainly student councils are an important thing to encourage, but some younger students in particular would find it rather intimidating to come on to the full governing body.

I find the question of the separation of powers very interesting. The head has been a full member on all the governing bodies that I have sat on, and I have not sat on one with this separation of power. The proposals by the noble Lord, Lord Knight, worry me a little. I played a seminal role in getting parent-governors agreed back in the 1970s in London, where the ILEA was the first authority to have parent-governors and I led the London campaign for the advancement of state education. There was a need for governors to be seen as links to the local community.

Many London governing boards had managing boards for a whole cluster of schools. We found this appalling. You had the same group of governors attending governing boards for every school and basically rubber-stamping the heads’ notions. The notion of a separate governing board for each school became an important part of what we as parents wanted. The notion that the governors were critical friends of the head and helped both to support and criticise the head was very important. Because the local authority was more important than it is now, the separation of powers was perhaps less so than now seems to be the case.

I would be sad to see two things disappear. One is the notion of the board of governors providing in some sense a link between the local community and the school. Second would be the loss of the notion of the critical friend, so that you become just a scrutineer. I would also be sad to see large managing boards for groups of schools.

[Baroness Brinton]

My Lords, the noble Lord, Lord Knight, and the noble Baroness, Lady Jones, referred to how the word “representative” has crept into the discussion. As far as I can see—I would be grateful if the Minister could confirm this—there is no intention that anyone elected, appointed or nominated to a governing body should be a representative of a particular group. They are nominated by a group but their main function is as a member of the governing body, and that should remain the priority.

[Lord Hill of Oareford]

My Lords, like other noble Lords, I shall start by thanking the 300,000 governors who work so hard for schools. Without them, schools could not operate properly. The quality of school governors is vital to the success of our schools, which is why the principle at the heart of the changes we are proposing, which are permissive by nature, is to give governing bodies more freedom to recruit governors based on their skills, as the noble Lord, Lord Knight of Weymouth, said. Having heard that the noble Lord looked into this area a couple of years ago, if he has the time I would be keen to look at his scars to see whether there is anything I can learn, because we have grappled with some of the same issues.

In fact, the issues around governance are a subset of some of the broader debates that we have had on a range of issues in Committee. We all start with the instinct to try not to be too prescriptive and to trust people, and then find ourselves drawn by stages into saying that we want to be completely permissive apart from this area, this area and this area—areas about which we feel strongly individually. The same thing has happened in our approach to governance and, as the noble Lord, Lord Knight, said, we have ended up with a complex system.

A number of noble Lords have raised fundamental questions about the purpose of a governing body such as what we look to it to do and the kind of people who could best provide the challenge we are keen to see provided. These are very good first principle questions that ought to be asked. However, as even the noble Lord, Lord Knight, was defeated in his attempt to grapple with this issue, I shall be more modest and bring the Committee back to the Bill and the amendments.

The current complex regulations can sometimes get in the way of some governing bodies, and the main purpose of Clause 37 is to free up the constitution of maintained school governing bodies. We also want to amend the relevant regulations to minimise prescription around the proportions of governors required from each category. We believe that the governing body is best placed to determine what will work best for them locally and that—this is an important point—the current governing body should decide on any change to its constitution. As I said, the changes that we are proposing are permissive. The noble Baroness, Lady Jones, asked me about that, and that is the answer—no governing body will be required to change if it does not think it is in the best interests of the school.

As I have said, our wish is to minimise prescription, but having listened to the concerns expressed in another place—which I know my noble friend Lady Walmsley shares—we are bringing forward two government amendments. I accept that there are strong views that maintained school governing bodies should be required to include an elected staff governor, other than the head teacher, and one local authority governor whose skills will assist the governing body. We propose that when a local authority governor post becomes vacant, the governing body should liaise with the local authority to identify a suitable candidate for appointment. The governing body should be able to ask a local authority to make a different nomination if its original one does not have the skills required by the governing body.

I agree with my noble friend Lord Lucas that it is important for a primary school to have close links to its local community. It is, of course, already possible for the local authority or the governing body to appoint governors who represent the local community, and it is right that we should leave the decision to do so to be made locally—it may well appoint a representative from the parish—rather than to prescribe a completely new category.

We had a long debate about student governors. As has been pointed out, many schools already have well established and highly effective school councils. Pupils can already be invited to attend and speak at governing body meetings and can serve as associate members of governing bodies. Like the previous Government, we think that these arrangements allow for governing bodies to take proper account of pupils’ views.

I would be cautious about prescribing a new category of pupil governor and forcing governing bodies to appoint them, because we are keen to try to move away from that. There are some practical issues relating to student governors of the sort that the noble Baroness, Lady Howarth, referred to which one would need to think through. Another set of issues was then flushed out by my noble friend Lady Sharp. We would need to think very carefully, for instance, about giving pupils responsibility for decisions relating to pupil or staff disciplinary matters, or issues around pay. However, I would be interested to discuss some of these points further with my noble friend.