Education Bill

Baroness Finlay of Llandaff Excerpts

Thursday 30th June 2011 Grand Committee

[Baroness Jolly]

I also support the noble Lord, Lord Storey, on Amendment 43, to which the noble Baroness, Lady Howe, has added her name. Almost by their nature, children who are excluded can be stroppy and awkward, but what is hidden—and what they probably fight very hard to hide—is that they are really very scared and apprehensive of the whole process. There is no provision in this Bill to show that children also figure. There is no provision to ensure that they are aware of the process, to allow them to make representation themselves to the panel or to appeal against their exclusion.

This amendment calls upon those who are involved in the process to ensure that the pupil is clear about these issues—about the reasons and the evidence. The language that is used should be in the appropriate tongue or at the appropriate level to allow the pupil to be completely clear about what is happening. They should know who is going into the process. There should be no doubt for the child what is there before them.

One thing that I would like the Minister to consider, should he be minded to do so, although it is not written as part of the amendment, is that the child could have an advocate with whom they could work as they go through the process. That could be useful.

The amendment would align England with the devolved nations. It would also put England in line with Article 12 of the UN Convention on the Rights of the Child and would meet the recommendations of the Committee on the Rights of the Child. There is an element of natural justice to it and, whatever the reasons for the exclusion, the child deserves that.

[Baroness Finlay of Llandaff]

My Lords, I hope that the Committee will forgive me for intervening briefly but the last point is very important. What has triggered the behavioural deterioration that has resulted in exclusion? These children may already have special educational needs. The behaviour may be down to bullying but sometimes it is due to abuse. Sexual abuse is particularly difficult to uncover in these children. It may also be a grief reaction to loss or bereavement, which can sometimes be delayed. One problem is that in the majority of our schools staff do not have adequate training to deal with children who are bereaved and have bereavement and loss reactions. The reactions to grief and loss in this group of children can appear to be disruptive and bad behaviour, and it can exacerbate other behaviours in the children around them. Therefore, the triggers that have set this cascade towards exclusion going are absolutely critical, and if we do not focus on them we will continue to fail children over time.

[Lord Willis of Knaresborough]

My Lords, I rise briefly to address some of the issues raised by the noble Lord, Lord Ramsbotham, in Amendment 39A. His comments, which I strongly support, take us back to 1979 and the Warnock report. They take us back to why that report and the 1981 Act moved away from the categorisation of special needs and conditions associated with special needs and towards two things. The first was to look at the severest cases and to make sure that they were properly assessed with a statement of special needs, which then had to be statutorily supported in our schools. I very much supported that at the time.

The Warnock report also recognised that in 1979—not in 2011—some 20 per cent of our children had some form of special needs which should, if recognised, be supported within the school community. From that time through to when I entered Parliament, I spent most of my professional career working first in the north-east, opening the first school to look at the inclusion of children with physical impairments; and then latterly in Leeds, working to ensure that children with severe learning difficulties—mostly Down’s syndrome, hearing impairment and sight impairment—became part of the mainstream setting.

In all those cases, both in the north-east, where we did some pioneering work with NFER and then HMI, and in Leeds, the crucial factor—I am sorry that the noble Lord, Lord Sutherland, is not here at the moment—was training your staff. You can identify until you are blue in the face but, following that identification, you have to ensure that you translate the needs of the child into an appropriate action point, as the noble Lord, Lord Storey, said, with the appropriate resources. This is not a massive resource issue but it is a training issue. It is a question of ensuring that people have the skills to support these children. I am sorry that the noble Baroness whose name I should remember—