Education Bill
Baroness Garden of Frognal Excerpts(14 years, 5 months ago)
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Lord Lexden
If the noble Earl is asking whether the inspectors arrive without notice, the answer is no. There are cycles in which the inspections take place. The inspectors do not suddenly arrive at schools unannounced.
Baroness Garden of Frognal
My Lords, I thank my noble friends Lady Brinton and Lord Lexden for what they have said, and I hope that some of the concerns that my noble friend Lady Brinton raised have been addressed in the remarks of my noble friend Lord Lexden.
Education inspections in most independent boarding schools are carried out by independent inspectorates. Boarding schools, unlike day schools, are also subject to welfare inspections, which are carried out by Ofsted, as my noble friend set out. Where possible, Ofsted and independent inspectorates carry out joint inspections to minimise disruption to the schools concerned, but there are two separate inspection reports, published on two different websites, and that information is readily available on those websites.
The Secretary of State already has a power to appoint an independent inspectorate to undertake boarding welfare inspections in England. We intend to use this power to appoint the Independent Schools Inspectorate, which will mean that schools affiliated to the Independent Schools Council will be subject to a single inspection, covering both education and boarding welfare, which will be followed by a single published report. However, I stress that there will be two reports—one for education and one for welfare.
The clause replicates the measures that are already in place on education inspections to ensure that any independent inspectorate appointed operates effectively. It allows Ofsted to monitor inspections by independent inspectorates of the welfare of children in independent boarding schools and requires the chief inspector to prepare an annual report on those inspections. It also gives the Secretary of State a power to direct Ofsted to undertake a boarding inspection of any school at any time, including where the boarding provision would normally be inspected by an independent inspectorate. This is the same power as he has in relation to other types of inspection, but in practice we would expect this power to be used only in exceptional cases.
I hope that my noble friend will agree that these measures, when taken together, provide transparency, accountability and confidence in the arrangements for independent inspectorates to carry out welfare inspections in independent boarding schools. I reassure her that welfare inspections will continue in all schools, whether they are outstanding or not.
I also reassure my noble friend that safeguards for welfare inspections will be as robust as they are for education inspections, and that regulations will set out criteria for the appointment of independent inspectorates and for terminating any such appointment, if need be. The criteria in respect of boarding will mirror the criteria for appointment in respect of education.
My noble friend mentioned the HMC vote to leave the ISC. I hope that she has been reassured by the point made by my noble friend Lord Lexden. I suspect that I will not have covered other points in my reply, in which case I will write to my noble friend, but, meanwhile, I hope that she will feel free to withdraw the amendment.
The Earl of Listowel
My Lords, if I may, I want to ask the Minister a little more about unannounced and announced inspections. If I remember correctly, the Children's Commissioner for England, Professor Al Aynsley-Green, when he was in office, was particularly enthusiastic about his power to make unannounced inspections. Professor Eileen Munro, in her final report on safeguarding children, recently advocated the use of unannounced inspections, principally because they relieved organisations of a bureaucratic burden. She felt that that would be less burdensome to them than announced inspections. I would be interested to hear from the Minister what is the current situation with regard to those two kinds of inspection—announced and unannounced.
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.
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.
Baroness Garden of Frognal
I assure the noble Baroness that the reply will go to all Members of the Committee.
Baroness Hughes of Stretford
My Lords, I hope that we can deal with this quickly. This clause amends Section 456 of the Education Act 1996, on the regulation of permitted charges, to achieve two objectives—first, to allow a charge for the cost of buildings and accommodation when a school provides an optional extra, and, secondly, to make an exception for early years provision whereby a charge can be made only for teaching staff engaged under contracts for services and allow a charge to be made for employed staff. It is a rather technical issue.
I have a number of concerns about the way in which these provisions might operate. I am very grateful to the Minister for two letters that he sent me, on 21 June and 20 July this year, clarifying the way in which the Government envisage these measures operating. The assurances depend to a large extent on the regulations behind the provisions, which cannot be made totally clear to me today, but I should be grateful if the Minister could put the position on record in her reply, which would at least give me and other Members some assurance about the operation of these measures.
Without delaying the Committee further I ask the Minister, first, to confirm that through regulations the measures will not enable schools to delay entry into the reception class, keep children in nursery classes longer, and therefore charge. Secondly, can she confirm that the measures will not enable schools to charge for any child in reception class, even if they are still aged four? Thirdly, will the measures enable charging only for teaching staff over and above the free entitlement? Fourthly, can the Minister also assure me that there will be some protection for the additional free hours that many local authorities currently provide for disadvantaged and vulnerable children; and, fifthly, that there will be some attempt to specify some concept of reasonableness in the charges that schools can make and how the regulations might define how the charges to parents may be made up so that they are reasonable? If we can get those assurances on record today, I am sure that it will take us forward.
Baroness Garden of Frognal
My Lords, many schools provide high-quality early education provided by parents that is good for getting children ready for school. However, schools can currently effectively offer only the free entitlement—the 15 hours a week, 38 weeks a year—that all three and four year-old children are entitled to. This is because they cannot charge for extra early years education that they provide during school hours for three and four year-old pupils over and above the 15-hours’ free entitlement.
The previous Government took a power in the Childcare Act 2006 to make regulations enabling schools to charge for additional hours that they might wish to offer parents. The Bill, therefore, does not seek a power for schools to charge. It enables schools to reflect the costs of their provision in that charge. It is, in effect, a technical clause. It is about ensuring that charges for optional extras can include a proportion of building and accommodation costs and, for early years provision, the time of qualified teachers.
Why are we proposing this change? Because making school-based early years provision sustainable will create greater choice for parents about the type, quality and flexibility of early years provision that they can take up for their child. We want to enable parents to take up provision above their free entitlement in the maintained sector, if they wish to, as they already can in private, voluntary and independent providers.
Enabling schools to charge appropriately will help them to remain financially viable, but I stress that schools will not be permitted to make a profit from charging and will be able to charge only up to the costs of delivering the provision. I reassure the noble Baroness that that will of course be a reasonable charge and it must be within boundaries.
Furthermore, it will not be permissible in any way for schools to charge for early education that is part of the free entitlement, including—I reassure the noble Baroness on this point, too—the new entitlement for disadvantaged two year-olds, or for reception provision. The Government remain committed to reception classes being free, with full-time provision of 25 hours a week from the September after the child turns four. The noble Baroness referred to the letters from my noble friend the Minister of 21 June and 20 July, which we hope will have given her further reassurances on those points.
There is no ability for schools to charge for education during school hours for pupils of compulsory school age, and there is no ability for them to charge for hours provided to parents for free under the early years entitlement—a measure which the noble Baroness introduced and which we have extended in this Bill. We are committed to ensuring that reception provision is free, and there will be no ability to hold children up in nursery classes, as she feared. Through the Bill, we want to ensure that schools can charge for additional, optional provision in a way that enables them to cover their costs and provides greater choice of provision for the parent and a consistent and high-quality early education for the child.
If the noble Baroness raised other points which I have not covered, I will of course write to her, but I hope that, with those reassurances, she will feel happy to withdraw her objection to the clause standing part of the Bill.
The Earl of Listowel
I thank the noble Baroness for raising this issue, as it has given us an opportunity to learn more about the Government’s intentions. I warmly welcome the purpose of the clause, which is to allow an extended offer of high-quality early years care in nurseries attached to schools. We all know how important high-quality early years care is in regard to outcomes for children, so this is welcome news. Particularly in nurseries attached to schools one finds a high level of stability in the staff, with turnover being only about 4 or 5 per cent, compared with in the region of 15 per cent in some day centres. That is also very welcome.
I also thank the noble Baroness and the Minister for their correspondence on early years, which I appreciated.
Education Bill
Baroness Garden of Frognal Excerpts(14 years, 6 months ago)
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Lord Howarth of Newport
My Lords, I would like to speak in support of Amendment 111A. I congratulate my noble friend Lady Whitaker on tabling it and congratulate the Committee on reaching it. I understand that it has been a long and winding road, and I hope that the weary travellers will not mind me joining them for this short step along their great trek.
My noble friend’s amendment changes the requirements to be met when a new school is proposed, so that the criteria are set out,
“which the design of the school must meet, following best practice as prescribed by the Secretary of State”.
I understand the Government’s desire to minimise the barriers to the creation of new schools, the introduction of greater variety in the school system and the liberation of new energies—and, of course, to minimise bureaucracy—but it would be a mistake to cut corners on planning and design. They go together, and it has been one of the achievements of your Lordships' House in recent years to amend the town and country planning system to require planners to take account of and have regard to the importance of good design. The Secretary of State’s outbursts against the architects associated with Building Schools for the Future programme were unwarranted and inappropriate. I declare my interest as an honorary fellow of the Royal Institute of British Architects and chair of the Associate Parliamentary Group on Architecture and Planning.
I am very happy that it appears that a truce has now broken out between the Secretary of State and the RIBA. I was pleased to read in the 8 July edition of Building Design, in the report by the president of the RIBA, Ruth Reed, that she said that the Secretary of State had acknowledged that the James review was simplistic. Noble Lords will recall that the James review said that school design should be standardised to save money. She reported that the Secretary of State is,
“keen to get good value for money for school buildings. He is aware design matters and he did recognise that you have to invest in design … He certainly didn’t come across as someone who doesn’t like good design”.
It is encouraging to have that confirmation.
I entirely believe that Ministers want good design in school buildings. The question is how that good design can be assured or how we can do as much as possible to assure good design, particularly under the provisions of this legislation. If I may also quote from the circular that was sent out to members of the RIBA immediately after the meeting with the Secretary of State, we were told that one of the key outcomes of the meeting was an agreement to work with the Department for Education and the Department for Culture, Media and Sport to consider how to achieve the best value from good school design, particularly in mapping out scenarios for the future delivery of schools. Ruth Reed said this was a productive meeting. She said:
“We have agreed to assist in identifying the constraints to achieving well designed schools including those in procurement and planning. Well designed schools”—
she observed—
“will always be value for money because they deliver optimum conditions for learning which last for decades to come.”
It would be helpful if the Minister would comment on the meeting between the president of the RIBA and the Secretary of State for Education, as well as with Mr Penrose, the Minister at the Department for Culture, Media and Sport with responsibility for architecture, if he would explain how his department intends to develop this work with the RIBA, whether he sees implications for this legislation and whether he thinks there may be a case for introducing an amendment to strengthen the commitments that the Government make in this legislation to the good design of school buildings.
Hitherto, I have lacked confidence that that would be the case. I understand that the department is consulting about making change of use easier, so that, for example, offices might be converted into new schools under permitted development rights. I seek reassurance from the Minister on that point. At face value it would appear that new schools might be opened in any old building. Perhaps he would tell us what guarantees that basic standards of health and safety, and of accessibility, can be assured by the Government.
More importantly, if “anything goes” in school design, there is a risk that the quality of education will suffer. Good design, as my noble friend said, and as the president of the RIBA also said, helps to create an environment that supports learning; is stimulating in the best sense; helps to restrain and minimise bad behaviour, ill discipline and vandalism; and creates the flexibility needed to accommodate different sorts of teaching groups and changes in the curriculum.
My noble friend’s Amendment 116A is to be debated in a later group, but she is right to stress the desirability of Ofsted reporting, among other matters, on the effectiveness of buildings and their design on the education provided in them. Design is only one of the factors that make for good education. Outstanding teachers teaching bright and motivated children will create good education in almost any circumstances. An extreme case that I am aware of was in Albania, after the fall of the Hoxha regime, when the schools were derelict shacks. There was no glass in the windows and there were no pencils for the children to write with. Yet when Albanian children visited my then constituency of Stratford-upon-Avon, I strongly suspect they had a better knowledge of Shakespeare than the children being educated in schools in Stratford-upon-Avon. They definitely had a better knowledge of Byron.
We have seen in the English public schools that good teachers teaching well-motivated pupils are able to provide first-class education in conditions of Hogarthian squalor. Good design is not more important than good teaching. Good design supports good teaching. Policy and the legislative framework should be such that the whole system and the standards set by the Government support the generality of teachers and pupils, in particular those who work in disadvantaged communities. Of course we should share experience. The system should support school leaders to benefit from the experience of design that has often been hard won in other places.
The report in the Times today of the Government’s announcement yesterday does little to encourage me to have confidence that we are going to see an insistence on good design in the new generation of schools that are to be built. One must, of course, welcome the announcement of funding for the rebuilding of schools and the building of new schools, but we are advised that this programme will be funded through public/private partnerships. We have seen in public/private partnership and PFI-funded school developments some environment and architectural atrocities, so I hope the Minister will be able to reassure us.
It is very difficult working through all the complexities of the contractual process of PFI to build in a requirement for good design. Because of this complexity, I understand that a handful of large contractors will bid for contracts and that contracts will be negotiated with the department or with the new funding agency for schools. I am worried about that because it seems to me that kind of system will not sufficiently provide for local factors to be taken into account. It is the sensitive and expert observation of local needs that is so often the key to good design, so I hope the Minister will be able to explain that the system that the Government are introducing will indeed provide assurances that design factors will have the prominence and the emphasis that they ought to have.
More broadly, I think the Government should think very carefully about the signal that they send about the importance and standing of education and schools if the policy is really that anything goes in school design. If grottily designed schools are to be permitted, the Government seem to be saying that grotty education is okay. That is absurd because that is not what the Government mean at all.
Baroness Garden of Frognal
I apologise for intervening on the noble Lord. He is making a fascinating speech, but it is trespassing on being a Second Reading speech rather than concentrating on the amendments in front of us. I think the Committee would be grateful if the noble Lord would draw his remarks to a conclusion on the amendment.
Lord Howarth of Newport
I understand the noble Baroness is very delicately hinting to me that I am going on too long. I think that my remarks have been very closely focused on the amendment, but I will rather quickly wind them up. I think the noble Baroness will agree that it is closely relevant to the amendment for me to note that the Bill would increase the power of the Secretary of State to make land available for free schools. Will she say whether that means that the Secretary of State can by fiat bypass the role of the local planning authority? Planning expresses the claims of the whole local community, not just of a particular group, however enthusiastic it might be. The system should not be rigged to support the group proposing free schools: the sponsors and the particular parents of children of school age who are keen to see the school. A school is a very important presence in an area. Its presence affects everyone; it affects the movement of traffic and makes demands on infrastructure. Sites for new schools should be appropriate, and that appropriateness should be determined by local communities. There are complex judgments to be made, and they ought to be informed by local knowledge and concern for all the legitimate issues within the community.
I support the thrust of my noble friend’s amendment. My only reservation is that it seems to be a charter for prescriptiveness by the Secretary of State, and I would rather that she had couched her amendment in the terms that we have built into existing planning law and that the Bill should simply require that all those concerned with the promotion of the development of a new school should have regard for the importance of good design. Perhaps we can come back to it on Report in something like those terms.
Baroness Garden of Frognal
I apologise for interrupting the noble Lord. We are in rather strange circumstances. We have agreed to complete this important group of amendments but we need to finish by 4.30. Perhaps we could make our contributions as succinct as possible in order that the noble Baroness and I have a chance to wind up.
Lord Ouseley
Thank you very much. I acknowledge what the noble Baroness has said, and I am about to conclude. However, I have not made many interventions in Committee and I intend to speak as fully as I can while being as brief as I think is reasonable.
The protected characteristics under the Education Act 2000 provide us with a basis to enable some of the other amendments in this area to address this issue. The amendments will need to remain as explicit as they are here if we are to do justice to what we want to see achieved, through inspection reports, in addressing the range of educational needs across all different groups of children. It is particularly important that we include those characteristics and enable, as part of any follow up, the guidance that the chief inspector should have.
When we consider groups on the basis of race, it is easy enough for a report to be blunt in the way in which it states that it has dealt with the issue of race and ethnicity. However, if you look across the whole range, groups such as Traveller and Gypsy children are very often excluded when inspections are taking place and the report does not relate explicitly and specifically to those groups which are underachieving, and the quality of education that is being inspected in the school tends not to address those particular needs.
Bearing in mind the time factor, I conclude by asking the Minister to explain why, when looking at the range of needs, the sharp focus is restricted to only two categories. Why is not this comprehensive amendment—which enables a broadening of the categories while maintaining a sharp focus—an appropriate way forward?
Baroness Jones of Whitchurch
My Lords, our names have been added to Amendments 115 and 118, so I will speak very briefly. First, I agree with the noble Baroness, Lady Walmsley, about the narrow focus on educational achievement which ignores the wider role of education in providing a safe and happy environment where all children can thrive and be healthy and confident. We believe that well-being should include such things as nutrition, exercise, relationships, respect for each other and how to overcome low self-esteem. A good school will include all this in the curriculum, but it does not mean that we should exempt all schools from having that assessed and checked from time to time.
The noble Lord, Lord Ouseley, gave a very coherent case for why Amendment 118 is important. It is important that we check that the Government’s rhetoric when they introduced the pupil premium can be backed up by independent assessment in the longer term, particularly in light of the new autonomous school structures. If we are not careful, disadvantaged children will get left behind. We need independent assessment to double- check that all is going well with the way that the money is being spent. I sense people’s frustration at the late hour and I will say no more at this stage.
Baroness Garden of Frognal
My Lords, I shall try to speak very quickly, which in no way reflects the seriousness and importance of the group of amendments we have just been discussing. The existing arrangements for inspection have become cluttered and crowded. Inspectors face the challenge of having to form a discrete judgment on just about everything schools do. The cumulative effect of this is that we have lost the sharp focus—which my noble friend referred to and the noble Lord, Lord Ouseley, picked up—on those things that are the fundamental responsibilities of schools.
Clause 40 seeks to address this by streamlining the reporting arrangements so that they focus on four key areas: pupils’ achievement, the quality of teaching, the effectiveness of leadership and pupils’ behaviour and safety. In doing so, inspectors must consider pupils’ spiritual, moral and cultural development and how the needs of all groups of pupils, including in particular those with SEN or a disability, are being met.
As far as Amendments 115 and 116 are concerned, schools themselves remain under a duty to promote pupil well-being and community cohesion. The provisions in Clause 40, including the specific requirements around behaviour and safety and spiritual, moral, social and cultural development, provide the right structure.
Baroness Flather
Will the noble Baroness take on board that it is not just about culture?
Baroness Garden of Frognal
Indeed we take that on board.
Amendments 118 and 120 seek to ensure that particular groups of pupils are considered as part of school inspections; namely, those benefiting from the pupil premium and those given specific reference in the Equality Act 2010. Clause 40 requires inspectors to consider the needs of the range of pupils at the school. This is a phrase lifted from the current inspection legislation. It is a useful catch-all that avoids the needs for lists in the primary legislation. Inspectors will pay particular attention to the extent to which gaps are narrowing between different groups of pupils in a school and compared to other schools. They will evaluate teaching with an eye to how well teachers engage, motivate and challenge the most able pupils.
In the case of protected groups, additional assurance is provided by the fact that Ofsted is subject to the public sector equality duty, which is provided for in the Equality Act 2010. This commits the inspectorate to playing its part in promoting equality and eliminating discrimination, including through its inspection activity. We do not therefore believe that it is necessary to replicate this within the clause. The best place for these references is not in the primary legislation, but in the framework and supplementary guidance—the detailed documents that determine how inspections are delivered on the ground—and that is where they will be found under the new system.
The last set of amendments in this group all seek to add to the inspection provisions explicit references to various subjects and aspects. Amendments 117 and 121 concern linguistic skills and modern foreign languages. I entirely endorse what was said by the noble Baronesses, Lady O’Neill and Lady Coussins. Here I would highlight the benefit of the new arrangements in giving inspectors more opportunity to focus on teaching and learning, observe lessons, listen to pupils read, and talk to individuals and groups of pupils. In terms of inspection of modern foreign languages, Ofsted conducts a rolling programme of subject surveys, and that will continue to be the way in which it assesses individual curriculum areas in future.
Moving to careers advice, I note that the noble Lord, Lord Lucas, and the noble Baroness, Lady Perry, spoke on this on behalf of our joint noble friend Lord Boswell of Aynho. This will be captured within the new inspection arrangements. Inspectors will consider, for example, the extent to which pupils have a well informed understanding of the options and challenges facing them as they move through school and on to the next stage of their education, training and employment.
I know that the noble Baroness, Lady Whitaker, raised the matter of school buildings and design at the recent meeting hosted by the noble Baroness, Lady Morgan of Huyton. I am aware that we have discussed this before and, if she will forgive me, I will skip over a further to reply on that, but I assure her that what she says is being taken on board.
As the noble Baroness, Lady Morgan of Huyton, pointed out during Second Reading,
“There are always perfectly good reasons to add to an inspector’s remit”.—[Official Report, 14/6/11; col. 737.]
However, we have a real opportunity here to start afresh, to streamline the requirements on inspectors, to provide more coherence to the arrangements, to clarify to schools what is expected of them and to provide parents with more meaningful assessments of their child’s school. It is vital that Ofsted is allowed to stay focused on the key aspects set out in Clause 40. This will not be the last time that we discuss these important issues, but I hope for the moment that the noble Baroness will support this important ambition by withdrawing her amendment.
Baroness Walmsley
My Lords, I thank the noble Baroness for skating so very quickly through her response and yet managing to be so thorough. I shall be very brief. I thank her for her confirmation that well-being and community cohesion are within the scope of inspections as undertaken by Ofsted, that Ofsted will inspect how well schools narrow the gap, that the equality duty covers Ofsted and that all ranges of children within the school have to be considered by it. That will, I hope, include those schools that have the groups of children about whom I had some concerns.
On languages, I welcome her statement that there can be themed surveys. I think there is a danger that including languages will get us on to the slippery slope of including geography, physics, history and all the rest, which we do not want to do. Finally, I welcome the fact that, as my noble friend Lady Brinton and I have just noticed, lines 30 and 31 on page 36,
“the spiritual, moral, social and cultural development of pupils at the school”,
are lifted directly from Every Child Matters, which proves that this Government believe that every child does matter. With that, I beg leave to withdraw the amendment.
Education Bill
Baroness Garden of Frognal Excerpts(14 years, 7 months ago)
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Baroness Jones of Whitchurch
My Lords, I want to make a couple of comments. First, much of the anxiety about the current grading system is because people have lost confidence in the way that the examinations are marked at the moment. I remember that, when I was doing O-levels and such-like many moons ago, there was much more confidence in the marking system and the legitimacy and accuracy of the examination boards. Maybe that was misplaced but that was certainly how I was brought up. Perhaps the scandals in recent times about the quality of the marking and so on have raised concerns and people want to dig deeper to know the underlying marks, which is understandable.
I am anxious, however, as to how this would work in practice. If the grades and the marks are published and if some children will only be two or three marks below the next grade up, if you run that parallel system of marks and grades, you will engender a lot of new appeals because anyone who is a short step away from the next grade up will flood the market with appeals. Unless we have a mechanism for managing that, therefore, there will be more discontent than satisfaction. I am not sure the system can run in parallel in the way the noble Lord is proposing. It may be, however, that the famous e-mail, which I should have seen but have not, spells out what the Government intend and will satisfy those points.
Baroness Garden of Frognal
My Lords, my noble friend has made strong arguments for making comprehensive, transparent information on exam results and school performance available to all and we are committed to increasing the amount of information available so that people can build their own measures and reach their own views about progress in the education system. We have already published more information than ever before.
The 2010 tables enabled users to download the school-level data underlying the table so that they could carry out their own analyses. In January 2011, school spending data were published alongside performance information. In March 2011, we published school-level information on attainment in individual GCSE subjects. As has been stated, in relation to exam marks, the candidates do have the right to request their marks. In practice, awarding bodies do provide marks—and, where requested, exam scripts—to schools and candidates. That means, for instance, universities can ask applicants to provide individual marks in order to differentiate performance within a grade.
In relation to publication of marks in data sets, we want to make as much information as possible available about exam results, and we are happy to commit to considering the practicality of obtaining and publishing marks as part of the national school-level data we are releasing. I understand my noble friend will be speaking to officials about this at a meeting on 25 July.
However, as the noble Baroness, Lady Jones, has said, there will be practical issues that we need to consider. Collecting individual marks rather than just grades would mean a significant increase in the quantity of data that the department would need to collect and process, which we would need to ensure we could manage without undue cost. That said, although it is the Government’s intention to collect and publish as much information on qualifications as we can, in relation to having both marks and grades it is the case that the same mark on a harder paper would represent better performance and it would not always be fair to candidates simply to add up the raw marks to give the overall result. A uniform mark scale puts all those raw marks on the same scale, which is then converted into the grade boundaries.
The noble Baroness, Lady Jones, mentioned confidence in exam awarding bodies. Ofqual was established by the previous Government to improve and strengthen confidence in the standards of exam awarding bodies. Ensuring that that confidence is restored is what Ofqual has at its heart. It may of course be that our memories of the olden days when everything was so much better have somehow managed to make us feel that it was better; I seem to remember from my days of A-levels that there were still quite a lot of queries to the boards, but we were much more intimidated in making those queries.
I hope that, with the assurance that we will give serious consideration to the practicality of publishing marks as part of the school-level data that we are making available to all, my noble friend will feel able to withdraw his amendment.
The Earl of Listowel
I have a quick question. Is there a measure that is easily understood and easily available to judge the progress that schools make in improving a child’s education? The Committee was discussing comparing schools. Is there a quick and easy measure that is easily accessible to say that this school is particularly good at taking children from one level to another, rather than judging all schools by one standard? Does that make sense?
Lord Lucas
My Lords, the difficulty is that the key stage 2 and key stage 1 data that are published are so coarse. The idea that you can effectively chuck children into one of three pots at the age of 11 and sensibly use that as a measure of anything is not something that I am comfortable with. If there were a better assessment, a teacher assessment, of where children were on a finer scale, you would have something that you could more reliably use to chart progress. Because of the coarseness of the base indicators, you can really only measure these things when large numbers of pupils are involved and the coarseness evens out. At the level of a primary school it is really pretty difficult, but at a big secondary you can get somewhere. Perhaps the Minister has something to add to that. I hope that the Government will consider releasing more and better data as part of what they are doing to improve the value-added indicator, which is a pretty important part of looking at how schools do.
Baroness Garden of Frognal
Before my noble friend sits down, the Government are looking at progress reports for schools, which would give a more descriptive picture of where schools were moving.
Lord McAvoy
The Catholic schools that I know, and which I have the most experience of, incorporate all the various subjects that my noble friend mentions. There is nothing wrong with that. I go and speak to modern studies classes and I assure my noble friend that their opinions are extremely varied. These schools encompass everything. They get involved in fair trade, mission work for Africa and raising funds. They do terrific work based on their faith and it should not be mocked. I believe that if people choose to say that school, home and church are a trinity, they are entitled to do so. I very much oppose the amendments.
Baroness Garden of Frognal
Before we continue, I should say that this has been a fascinating debate and I rather sense that we could carry on all afternoon, but I am rather taken with the idea of the noble Lord, Lord Griffiths, that we should try to schedule a debate on this topic where we would have more time to discuss it. In the context of scrutinising amendments in Committee, though, I wonder whether we might just hear from the right reverend Prelate the Bishop of Lichfield who was trying to get in and then move on to the opposition winders. Would that be acceptable to the Committee?
The Earl of Listowel
If I may just interject, strong arguments are being made on all sides but I would like to make one assertion. It is important for children to have some experience of the numinous, of the higher power, of the spiritual life, if you like, in their childhoods, but particularly for some children who have a lot of chaos in their lives. Many young boys, for instance, growing up without fathers, children whose parents are separating or children whose parents suffer from issues around substance misuse do not have a strong sense of belonging to a family. As they go through life, a few of them may enter the care system. Often they move on from there with very little support. A significant number of those who do not have that support from a family may end up falling by the wayside in various ways. For some of them to be able to look back at an experience in their childhood when they felt at one with a group and had some contact with a god or a numinous sense of something beyond themselves, for a few of them in their adult life that may be an important experience where they can look for their own redemption and find somewhere that they can belong, though one means or another.
What concerned me in what the right reverend Prelate said is that we are not really discussing whether there will be one kind of spiritual practice in schools or another. I think that he was saying that if we go along with the amendments, his concern might be that in many schools it will start withering on the vine and there will simply be a formal gathering but not with this spiritual, reflective sense of a contact with a higher power. That may be what he was driving at.
Baroness Perry of Southwark
My Lords, my name is added to the amendment. I just say to my noble friend that, although I urge him to continue to look kindly on removing the need for licensing from schools and colleges, perhaps this is an opportunity to look more widely at some of the other places where young people need licences, such as small sports clubs, and so on, where if they have even a radio playing in the background, they must get a licence. We need to encourage young people, not make life more difficult for them. I hope that, in their consideration of the issue, the Government will look more widely than simply schools and colleges.
Baroness Garden of Frognal
My Lords, I know that many in this House share my noble friend's view that public performance of music should not be licensable in schools. We agree that schools currently face unnecessary bureaucracy when they organise events such as school plays, concerts or swimming galas, and we are taking steps to address that. We heed the warnings of the noble Baroness, Lady Jones, but we have announced our intention to consult on Schedule 1 to the Licensing Act 2003, which currently regulates the public performance of live music and performance of other creative and community activities, such as dance, plays, film and indoor sport. Our intention, subject to the consultation, is to deregulate those activities as far as possible in schools. That is possible through secondary legislation.
The Government have also expressed clear support for the Live Music Bill introduced by my noble friend Lord Clement-Jones, which completed its Committee stage on Friday. I know that, because I was there. It seeks to deregulate in certain circumstances the provision of live, unamplified music in most locations and live, amplified music in workplaces such as schools, as well as licensed premises such as public houses, subject to restrictions on audience size. These planned changes will free schools from the unnecessary bureaucracy they currently face and allow them to use music in a sensible way to deliver the best possible education for their pupils. On the basis of that reassurance, I hope that my noble friend will feel able to withdraw his amendment.
Lord Lucas
My Lords, I am very content with that reply and I beg leave to withdraw the amendment.
Baroness Garden of Frognal
My Lords, education is about helping every child to make progress and reach their full potential, and that includes those pupils who have a high ability or aptitude for learning. There are many ways in which schools can support and challenge those pupils with the highest ability, including, as my noble friend Lord Blackwell pointed out, setting and streaming. Where setting is done well and is regularly reviewed, it can raise standards, and teachers are free to do this. He asked, if it was so good to stream pupils in maths, why it did not happen also in geography. The answer is the numbers taking those particular subjects. You need a critical mass for each subject in order to make streaming an effective tool.
Schools target their resources in the way that they feel will be of most benefit to their pupils. That could include the provision of extracurricular activities or outreach programmes with local universities or colleges. We have removed much of the ring-fencing of funds that restricted schools’ ability to make their own decisions about how to drive their improvement.
Today, in response to the Bew report, we have announced that higher level tests for year 6 pupils will continue to be available for schools to stretch the most able pupils, if they wish. We will consider how to incorporate results from these tests in performance tables to give credit to schools that support their highest attaining pupils. Within a slimmed-down national curriculum, it is possible for schools to design a wider curriculum that best meets the needs of all their pupils: for example, pupils with a particular aptitude for languages taking more language subjects.
My noble friends made the important point about children from disadvantaged backgrounds in particular. One of the key points about the pupil premium, which is given to support schools in helping those pupils, is that we have given schools the freedom on how to spend it. Schools could, therefore, use those funds towards additional support for high-aptitude or high-ability pupils from disadvantaged backgrounds to help them succeed. School governing bodies already have a duty to promote high standards of educational achievement and the well-being of all pupils at the school. I hope that my noble friend will understand that we are not attracted to a particular further duty.
In Amendment 107, my noble friend also seeks to promote greater co-operation between schools to provide for the needs of this group of children. We strongly support collaborative working between schools in the interests of their pupils, be those children with a particular interest, aptitude or need. As my noble friend said, there are many positive examples, such as schools providing a particular qualification at one school and pooling their interested pupils so that there are enough to warrant the course. We have had examples of Japanese or some specialist forms of learning where classes can be put together to provide a quorum to follow a particular programme. Schools have the necessary powers and freedoms to do this without new primary legislation.
The noble Baronesses, Lady Morris and Lady Jones, asked why we got rid of the gifted and talented scheme. It was actually the previous Government who took the decision to end the gifted and talented scheme. Our strategy for education is about raising standards for all pupils, and that of course includes pupils with natural ability or aptitude. As my noble friend said, those children are our future leaders in business, our future doctors and teachers, our future engineers and scientists. I agree with my noble friends Lady Perry and Lady Sharp that it is also about those with the creative and manual skills. I entirely endorse their enthusiasm for the World Skills Competition in October, where we will see some of the most skilled young people from our country and around the world. We must not forget the abilities and aptitudes in those practical skills as well.
Schools already have the necessary freedom to work together to ensure that all the pupils in their care get an education that stretches and develops them. That is backed up by accountability through Ofsted inspections. More performance information on the progress that schools make with the highest achieving pupils will be part of that. With those assurances, I hope that my noble friend will consider withdrawing the amendment and supporting our approach.
The Earl of Listowel
Before the noble Lord responds, I think that I am right in thinking that a Select Committee of this House, when discussing science education, drew particular attention to the lack of lab technicians and the difficulty that that posed for young people to spend time in the lab to do experiments. I encourage the Minister to consider that issue and consider what progress has been made since that report was published two years ago.
Baroness Garden of Frognal
My Lords, this may be a convenient moment for the Committee to adjourn until Wednesday at 11.45 am.
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Baroness Garden of Frognal
If my noble friend will forgive me, I invite the noble Lord, Lord Low to speak to his amendment in the group.
Lord Low of Dalston
I am very happy to oblige the Committee. As my amendment has already been referred to several times and spoken to very eloquently by the noble Baroness, Lady Brinton, there is not really a lot for to me to say, but it is obviously correct that I should speak to it.
Before I do that, I want to make a few comments on some of the other amendments in this large group. Some work is required on the section of the Bill dealing with careers guidance to ensure that it is effectively disability-proofed. I know that the Minister is very sympathetic on that matter, so I hope that he will be able to give me reassurances on one or two points.
First, in supporting the amendment moved by the noble Baroness, Lady Brinton, I seek clarification. When the amendment refers to “professionally qualified” careers practitioners, is it clear that the new professional quality standards include comprehensive training for all careers guidance practitioners on working with disabled young people and adults? It is very important that those working in the field should know about the barriers which disabled people experience, the perceptual barriers that often restrict their career choices.
I also want to be sure that the triennial report for which the noble Lord, Lord Boswell, calls in his amendment would include the effect of the provisions in this section of the Bill on disadvantaged groups of young people, specifically including young people with a learning difficulty and/or disability.
I should like to say a little more about Amendments 86E and 86F in the name of the noble Baronesses, Lady Hughes and Lady Jones, because they deal with a very important issue: the age range during which careers guidance should be provided. Those two amendments would extend the age range through which schools must provide careers guidance from 14 to 16 to 12 to 18. That is particularly necessary for disabled young people, as many will stay in school up to the age of 19, and their most critical decisions usually take place between the ages of 16 and 19.
The Equality and Human Rights Commission is concerned that the age range for careers guidance provided for in the Bill is too narrow. It is particularly concerned that starting careers guidance at 14 is too late adequately to address equality issues associated with subjects or career choices. It is also concerned that the new duty requiring careers guidance to be delivered at key stage 4 only, from 14 to 16, will mean a regression from the current statutory provision that requires a programme of careers education to be delivered for key stages 3 and 4, from 11 to 16.
Young people begin to develop ideas about careers at an early age, and the commission’s evidence suggests that starting careers guidance at 14 will present a major barrier to raising aspirations and equipping young people to make future decisions free from stereotyped ideas. Evidence-based reviews and research have consistently called for career-related learning to begin in primary school—as it currently does in Scotland, which is usually ahead of England in educational matters—so that high aspirations and achievement can be encouraged early. A new report from the commission indicates that primary school pupils’ aspirations are formed and are higher at a relatively young age. The noble Baroness, Lady Howe of Idlicote, has already referred to the evidence from that report which shows that three-quarters of children at primary school want to go into higher education—among girls, this figure is more than 80 per cent. Gender influences begin very early, with boys in primary school interested in sport and girls in performance, hairdressing and nursing. Evidence from the EHRC’s triennial review reveals the extent to which particular groups continue to experience a higher level of occupational segregation, particularly related to gender, ethnicity and disability. The commission believes that school careers services have a key role in providing clear, impartial guidance to help inform young people’s choices for long-term career-related experiences and progression, free from career-limiting stereotyped ideas.
Before I sit down, I clearly need to refer to my amendment, which would place a duty on the governing bodies and head teachers of schools to provide unlimited face-to-face careers guidance for all young people with a learning difficulty and/or disability, whether or not they have a statement of special educational needs and in both mainstream and specialist settings. The amendment more or less speaks for itself. It is a good idea that the Secretary of State should prescribe standards for careers guidance, in the manner provided for in the new clause tabled by the noble Baronesses, Lady Hughes and Lady Jones. It is obviously right that we should place on governing bodies and head teachers of schools a duty to comply with the standards set out by the Secretary of State.
I want to underline two particular points in my new clause. First, on “face-to-face”, we know that the careers service will offer web-based and telephone helpline advice for all students, but disabled learners, in particular, require face-to-face support. Secondly, I have put “unlimited” in the new clause simply to ensure that the duty is to provide as much guidance as is required and that it is not arbitrarily limited to a set amount or quota. I hope very much that this new clause will commend itself to the Minister, as it seeks to impose duties at the local level, where they can most effectively be implemented.
Baroness Hughes of Stretford
I rise briefly to support my noble friend. We have heard a lot from the Minister and his noble friend about burdens and requirements on schools, but as I am sure he knows, the entitlement was not designed so that every school had to provide the whole range of diplomas. Within an area, however, a young individual was able to access all of them. I am looking at this from the other end of the kaleidoscope, if you like; it was not a burden on schools but an entitlement for a young person. They could study for a diploma somewhere accessible in their local area. Therefore I agree with my noble friend that it seems perverse and unnecessary of the Government to repeal this entitlement. If there is a genuine urge to achieve parity of esteem between vocational courses and academic subjects, it is hard to understand why this clause has been included in the Bill in the light of everyone’s desire to achieve parity.
Baroness Garden of Frognal
Clause 28 is the first of two clauses related to the diploma entitlement. This clause removes the duty on local authorities in England to secure the diploma entitlement for 16 to 18 year-olds. The provisions being amended are not yet in force.
High-quality vocational education, just as much as academic education, is crucial to improving England’s educational performance. In that, I am in total agreement with the noble Baronesses, Lady Wall and Lady Hughes. That is why my right honourable friend the Secretary of State asked Professor Alison Wolf to carry out her review of vocational qualifications. Professor Wolf published her report on 3 March. In it, she found some areas of great strength. Places on the best apprenticeships, such as those provided by Network Rail or Rolls-Royce, are highly regarded by employers and more oversubscribed than the most desirable course at the best university. There are excellent qualifications available, providing clear routes for progression into full-time employment or further study in higher education. However, these examples of excellence do not add up to an excellent system and are too often provided in spite of rather than because of the structures that Government have created. The diploma entitlement is one such example where a focus on structure and process has been taken too far.
As I have said, the provisions being amended here are not yet in force. Were they to be implemented as originally intended, they would place a duty on every local authority to secure access for 16 to 18 year-olds to all 14 diploma subjects at all levels, regardless of local needs or any other educational priorities. I reassure noble Lords that this clause does not remove diplomas or any of their constituent qualifications. Nor does it prevent providers of education to 16 to 18 year-olds from offering diplomas if they so wish. I entirely agree with the noble Baroness, Lady Wall, that the diploma in engineering has been the outstanding success of this particular qualification. We cannot say the same about the rest of the range of diplomas that were on offer.
The Government believe that schools and colleges should not be obliged to offer every diploma. They should be free to decide which qualifications to teach, according to the needs and aspirations of their students. Indeed, the Association of Colleges has said that it has always been uncertain about the diploma entitlement and that it has,
“always wanted greater freedom for colleges to offer courses and qualifications which best meet the needs of young people”.
The Association of School and College Leaders has welcomed the removal of the diploma entitlement, saying that,
“it was not practical to offer all lines to all students”.
Edge, which has done so much to promote vocational education, has said that,
“it was always going to be difficult to deliver the entitlement, especially in rural areas”.
Following Professor Wolf’s review of vocational education, we are embarking on a substantial programme of reforms. We have already confirmed that some valued vocational qualifications will be funded for teaching in September 2011. We have announced that industry professionals and FE lecturers will be allowed to teach in schools. We have clarified that schools and colleges are free to offer any vocational qualification offered by a regulated awarding organisation. By removing the diploma entitlement, we are ensuring that schools and colleges are free to consider which qualifications—academic or vocational—meet the real needs of their students, enabling them to progress into further study or a job. I repeat: this clause does not remove any diplomas or other vocational option for young people. It removes a bureaucratic and burdensome requirement on local authorities, schools and colleges.
Baroness Wall of New Barnet
I thank the Minister for her response, and some of the things which she has shared with us are really quite encouraging. Nevertheless, I think a concern remains that the opportunity will be removed if it is not widespread. Regarding the comments of Professor Wolf, she made those at the very early stages. After looking at the evidence she has in fact since said that diplomas do provide opportunities for young people to take either the academic or vocational route without feeling discriminated against in any way, and that they give equality of credence to each.
Baroness Garden of Frognal
I apologise for intervening on the noble Lord, but we have a group coming later that is all to do with faith and religious worship. I think the comments that he is making might possibly be more appropriate when we come to the next group. Given the lateness of the hour, we might perhaps let the Opposition and the Minister wind up this particular debate, but focusing on PSHE rather than the broader issues of faith.
Lord McAvoy
Very briefly, in response to the Minister, I have not said much different from my noble friend Lady Massey, so it seems to me a strange distinction that she is making. But if it is the will of the Committee that I shut up and sit down, tell me. It is? That is fine.
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Baroness Hughes of Stretford
My Lords, I want to raise an issue on the back of this amendment and ask the Minister to reply to it. More than a few members of the Committee were very concerned to see a report in the Telegraph this morning that the Government have issued what they call in their press release the,
“final, clearer guidance for teachers”,
on how they should deal with bad behaviour. This final, clearer guidance includes and enumerates all the issues that we debated not so long ago, upon which a vote has not been taken, as we are in Grand Committee. Therefore, I contend that there is as yet no final resolution of this House, nor of the other House, on these matters. I feel that this is precipitous in the extreme of the Government and quite discourteous to the House. I fail to see how final guidance can be issued which refers to matters that we have yet to decide upon.
Baroness Garden of Frognal
My Lords, it may help the Committee if I speak at this stage. According to the news, this guidance appears to be coming out at the same time that we were discussing these matters in Grand Committee. But this consultation ended in May, so the guidance has been published on the back of that. It relates to the current law, not the legislation before us at the moment. Again, the timing seems curious, but it is a consequence of it referring to another law rather than the Bill.
Let me speak briefly about what is in the guidance. We will ensure that Members of the Committee are issued with the guidance which has come out today to help frame our further discussions.
I am grateful to my noble friend for giving us the opportunity for this debate. We agree with much of his amendment. Of course a teacher should be able to comfort a small child who has fallen over or show them how to hold a violin bow or a tennis racket. The notion of no contact seems to me to go against our instincts as humans and, indeed, as teachers. There is nothing in law to prevent it. When pupils are on school premises, or off site but under the lawful charge of the school, teachers and school staff are acting in loco parentis. This means that they are, in the eyes of the common law, effectively stepping into the shoes of a parent unless there are statutory provisions which specify otherwise. No parent would think twice about sticking on a plaster or showing a child how to hold a rounders bat, and a teacher should feel equally able to do these things. I would strongly encourage any head teacher to make this clear to his or her staff.
Our guidance on this issue is also clear and it is made clearer in the papers in the consultation that has come out today. The guidance states:
“It is not illegal to touch a pupil. There are occasions when physical contact … with a pupil is proper and necessary.
Examples of where touching a pupil might be proper or necessary: holding the hand of the child at the front/back of the line when going to assembly or when walking together around the school; when comforting a distressed pupil; when a pupil is being congratulated or praised; to demonstrate how to use a musical instrument; to demonstrate exercises or techniques during PE lessons or sports coaching; and to give first aid”.
Of course this is not an exhaustive list but I think it demonstrates our clear expectations.
We agree that teachers who are subject to a complaint that they have used inappropriate physical contact should not routinely be suspended. This is why our new guidance on behaviour, and the associated guidance on dealing with allegations of abuse against teachers and other staff, makes clear that employers should not automatically suspend a member of staff who has been accused of misconduct pending an investigation.
We agree that teachers should and do need to have contact with pupils on a day-to-day basis. The law already allows for such contact. Our guidance reinforces this message and encourages schools to take a common-sense approach to physical contact between teachers and pupils. I hope that that has set out the background to this consultation and that, in that light, my noble friend will not feel the need to press this amendment.
Baroness Massey of Darwen
My Lords, from what I read of this guidance, it has a section on restraint of pupils who might be misbehaving. Last week I was in a useful meeting with the government adviser on behaviour, and he gave more than one example of having to restrain a child who needed to be physically touched to calm them down. The Minister has not mentioned issues of restraint, which could be quite dangerous for teachers and for pupils. Where does that fall in the guidance?
Baroness Garden of Frognal
My Lords, we will be sending round guidance on that. My noble friend’s amendment includes different forms of physical contact between pupils and staff. The Government’s adviser on behaviour, Charlie Taylor, who gave us such an impressive presentation last week, brought out occasions when physical restraint would be necessary. It will be in the guidance which will be sent round to all Members of the Committee as soon as possible.
Lord Elton
My noble friend mentioned guidance to staff. I want to put into her mind that it is necessary to talk to parents as well so that they realise how the children are going to be treated and will not take fright when the child comes back and says that he has been handled in a certain way.
Baroness Howe of Idlicote
My Lords, perhaps I ought to say a brief word about that as president of the National Governors’ Association. Almost anything that we are discussing has a reference and an importance for governors. We have specific clauses later on where we can look at this in rather more detail but it is another illustration of the somewhat difficult sorting-out of whose responsibility everything will be in future.
I entirely confirm the brilliance of teachers, and everything else. I admire very much the skills that they possess and the attempts of the Government to get them even more skilled and better equipped. Nevertheless the whole business of who is responsible for which bits of it, and indeed of proper respect for each part of the establishment, needs quite a lot of examination. I hope we are going to be giving a lot of time to it a bit later. I am particularly glad to see that there is a growing number of people who have been governors, because under the previous Government there did not seem to be quite as many around who were available and wished to talk about the role and responsibility of governors, or indeed the composition of the governing body.
Baroness Garden of Frognal
My Lords, I shall not respond to all the points made in this useful debate but I would draw out one particular aspect. The noble Baroness, Lady Morris, spoke about previous guidance which did not seem to make much difference. One thing that has come out of this consultation was that previous guidance was over 600 pages long; this is 50 pages long. Equally, the guidance on the use of force has decreased from 30 pages to seven. There is an argument that this, much more succinct guidance might be more effective. We can only hope so.
Lord Elton
My Lords, can the noble Baroness assure us that the long version will be withdrawn and that the short version will not be added to it?
Lord Lucas
My Lords, I am grateful to the Government. It is exactly the answer that I had hoped for and I look forward to it being applied in schools. I can think now of several that I shall be e-mailing when I get home to point out the URL of the new guidance. Perhaps I might say two things to the Minister. First, the brief advice given by my noble friend Lord Elton is absolutely crucial—parents should know what the school’s policy is. If my parents asked me what a week in school had been like, I can remember that I would say, “Well, I got slippered twice and my maths teacher hit me over the head with a slide rule and drew blood”, and that they would then ask, “Oh—what had you been doing wrong?”. In those days that was the policy. Parents will take what they have agreed to; it is if something happens by surprise that they get upset.
Secondly, when the Minister gets back to the department could she please give a long hug to whoever produced this guidance and say, “But you could have done even better if you had circulated this to the Committee when you published it”. I beg leave to withdraw the amendment.
Lord Sutherland of Houndwood
My Lords, lest my noble friend think that she is on her own, I am with her.
Baroness Garden of Frognal
My Lords, I apologise for the lack of the e-mail going round the entire Committee. Perhaps I may indicate that it refers to a consultation that we began in May on a set of proposals designed to make it easier for schools to tackle performance issues. Those proposals have been on the website since May. Obviously we should have drawn noble Lords’ attention to the website, for those who have access to it, before the debate, but the e-mail will be circulated to Members of the Committee.
The evidence on the importance of teachers is clear. We entirely agree with my noble friend that the current arrangements for tackling poor teacher performance do not work as well as they might. They do not help teachers or the children in their care. The performance management arrangements and capability procedures were developed separately. They are complex, prescriptive and overlap, which we believe contributes to making some head teachers and governing bodies reluctant to take action, as we have heard from noble Lords today.
Our proposals have much in common with my noble friend’s amendment. They include: a duty on schools to give teachers a written appraisal of their performance against their objectives, which is a feature of the current regulations; a requirement that, as now, schools should identify teachers’ development needs and how they will be addressed; guidance that addresses the issue of support and monitoring for underperforming teachers—a school’s first response to underperformance should be to provide support to help teachers to improve, but where a teacher’s performance remains poor and does not improve after support has been provided, schools must take action quickly, effectively and fairly; and a model performance management policy incorporating capability procedures, where necessary, and an appeal stage, which is much simpler than the two policies it is designed to replace and is consistent with the ACAS Code of Practice—Disciplinary and Grievance Procedures.
Our approach has been to retain only the essentials, removing as much prescription as possible. In this approach we differ somewhat from my noble friend. We think that school leaders are currently too constrained by the arrangements and that they have too little freedom to exercise their professional judgment when tackling performance issues. I think that this summary shows how much our proposals are aligned with those of my noble friend Lord Lucas. We agree that teacher performance is vital and that schools need to take effective action to tackle underperformance where it occurs. However, I hope that my noble friend will agree that it would be more appropriate to address this issue by amending the current regulations and guidance than through primary legislation. I think that the point made by the noble Baroness, Lady Howarth, was linked in with that.
The noble Lord asked two questions, the first of which was whether a teacher should be supported to find another post. That would be a matter for individual schools. Secondly, he asked whether reviews by pupils should be part of the system. There is nothing specific in the proposals to suggest that pupils should have a part. Once again, that would be up to schools to decide what evidence was appropriate when evaluating teacher performance. I hope that he and other noble Lords will look at the proposals on which we are currently consulting and give detailed comments on them. The consultation will continue until August. My noble friend the Minister, officials and I would be delighted to meet him and other noble Lords to talk over any suggestions or concerns. I hope in light of that, my noble friend will feel free to withdraw his amendment.
Baroness Howells of St Davids
I may have missed it, but can the Minister say whether the teacher who is being disciplined will be able to bring in a representative when meeting with the head?
Lord Lucas
I am grateful to my noble friend. I agree entirely with the noble Baroness, Lady Howells. This does not belong in legislation but this is the way in which we get a chance to talk about it. Secondary legislation and guidance can all flow past us without having a chance to stick a pin in it. I am delighted that my noble friend is thinking along the same lines as me. This is one of the difficulties in making schools good, which ought to be cleared out of the way. I am very cheered that something is being done about it. I beg leave to withdraw the amendment.
Baroness Garden of Frognal
My Lords, I apologise for intervening. We are hearing some tremendous speeches, but they are more Second Reading speeches than for the Committee stage of the Bill. Could I invite Members of the Committee to focus their remarks solely on the amendments that we are considering?
Lord Baker of Dorking
My Lords, could I thank the noble Baroness for the kind words that she said about me and fashioning the national curriculum? I am usually criticised more than praised for it these days, but it fell to me and to many hundreds of others to fashion that curriculum 25 years ago. For the first time, we were putting on to the statute book a national curriculum. It was very broad and very balanced; that is what I was criticised for. It could not have been more broad or balanced. It had many things in it which have now been dropped: languages up to 16; art and music up to 16; history and geography up to 16. All of those have disappeared and gone, but it was certainly broad and balanced.
I have now come to the conclusion that if I was given the task of fashioning it today, a much more fundamental change really would be needed. I would actually stop it at 14. I am now quite convinced that the right age of transfer in our English education system is 14, not 11. I draw some strength from that because the Board of Education, meeting in 1941 to plan the pattern of education after the war, in the event of victory—it actually met before El Alamein—said to have selective grammar schools, selective technical colleges and secondary moderns and that the transfer age should be 13 and 14. The decision to change that never went to Ministers, as far as I can see from the records. It was decided by the Permanent Secretary of the day, who simply said, “You can’t have selection at 13 or 14 because grammar schools start at 11”.
It was a great opportunity missed. Why do I say that? First, I have great sympathy with what the noble Lord, Lord Sutherland, was saying. During the fashioning of the national curriculum everybody wanted everything in it. Not only that, but he will remember the battles on the content of the national curriculum. I set up independent committees to advise me on maths as on maths there can be no controversy. Surely you can define a maths curriculum. Feudal armies marched across this battlefield. Some said, “You must teach children tables by heart”. Others argued, “No, that is appalling”. Some said, “You mustn’t let them use calculating machines”. Others asked, “Should you teach calculus before 16 or not?”. Blood was spilled on these battlefields. When I came to English, I thought I would outwit all these people by appointing the most reactionary and right-wing educationalists I could find, who wrote the black papers, who would deliver the sort of English curriculum I wanted. I was bitterly disappointed. They produced a curriculum, which said, “Don’t worry about spelling and don’t correct the grammar of little boys and girls who get it wrong at the primary level. Let them enjoy it”. I had to turn to an engineer in Bristol University to right the sense of that. When it came to the history curriculum, I knew perfectly well it was going to be a battlefield, so I appointed someone who owned a castle to write it. He was also a highly intelligent scholar who became the chairman of the British Library and produced a very good curriculum. Having done all of that, why do I now say it should really be at 14?
Baroness Walmsley
My Lords, I have my name to one of these amendments and should have it to the other one as well. I absolutely support what my noble friend has said. In relation to the first amendment in the group, if such a report were made by government, could the Minister look into the technology centres that are closing in a number of local authorities? They are centres of excellence and expertise and are of enormous value to schools that are trying to make the best use of technology not just for children who need assistive technology—that is a very important group—but for every child. Unfortunately, a lot of them are closing. That means that not only is the expertise going but the actual knowledge that helps schools to buy cost-effective equipment and have the technical support they need to ensure that the equipment works properly all the time. I would like to see that issue included in the report.
Amendment 107C concerns a subject which I am pleased to say my party will be discussing at our party conference in September. If the Government are set on reducing inequality and the achievement gap, making sure that every child from a deprived family has access to a computer and broadband is something that we should be prioritising. It is not a luxury. It is a tool for education and in this modern world it is an absolutely essential tool. It is very important for every child, not just, as my noble friend has said in his amendment, those from secondary age upwards, but going downwards as well. Knowing the sorts of deals that government can do with equipment suppliers and with the telecoms companies, I do not think that that would be anywhere near as expensive as it might at first seem given that you would be buying things in bulk. Not so long ago, there was talk of providing children with little laptops for £50. I reckon that you could probably get very basic ones for less than that now. Broadband should be able to be provided very cost effectively given the quantity that government would be interested in. This is an important measure. It is achievable and is absolutely in line with the coalition agreement and this Government’s stated aims in regard to education.
Baroness Garden of Frognal
My Lords, I beg to move that the debate on Amendment 83ZA be adjourned.
Education Bill
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Baroness Garden of Frognal
My Lords, I wonder whether the noble Lord, Lord Lexden, could speak to his amendment in this group.
Lord Lexden
Thank you very much indeed, my Lords. Spare a kindly thought, if you will, for your comparatively new colleague who is speaking to his first amendment to legislation since he had the honour of joining your Lordships' House. This would have been my second amendment, if the nervous novice had not incompetently passed up the chance to move Amendment 65 at the end of proceedings on Monday, when we were caught up in a fascinating session on the GTC. Perhaps I may just mention that Amendment 65 was designed to tighten further the procedures for reporting serious misconduct and I hope that my noble friend will, in his usual benign fashion, be able to write to me about it.
I will turn, still as the nervous novice, to Amendment 73. The aim here is to explore the possibility of adding to the Bill a reference to partnership between maintained schools and independent schools. As before, I speak as a former general secretary of the Independent Schools Council. For generations, the best independent schools have reached out to maintained schools and their wider communities. The Independent Schools Council conducts detailed audits of these partnership activities. Nine out of every 10 ISC schools are involved in them. Sport, music and drama are the most widespread partnership activities.
Since the Second World War, the state has taken different approaches to the issue of partnership and the wider involvement of the independent sector in our education system. The Fleming scheme and then the assisted places scheme enabled talented children from less well-off families to attend independent schools. These are long gone and will not be repeated, but ambitious new schemes of partnership are in prospect. They include the participation of independent schools in the most important educational reform of our time—the academy movement, which features in a later amendment and in the new system of teaching schools.
Many independent schools have already applied for permission to become teaching schools. If they are successful, an increased percentage of the teaching workforce will get an opportunity to train in the independent sector. If this becomes the case, it is even more important that the sector should be able to take advantage of the opportunities that partnerships can bring and should not be unfairly excluded from the opportunities afforded to teachers in maintained schools. One thinks particularly of continual professional development, to which the noble Earl, Lord Listowel, made reference.
Whatever may happen in these exciting new areas, great effort should continue to be directed at ensuring the success of the independent/state school partnerships scheme, which was introduced by the previous Labour Government shortly after they took office in 1997 and made permanent by my noble friend Lady Morris of Yardley when she was Secretary of State. Relatively small amounts of public money have brought teachers and pupils together in enthusiastic partnership projects throughout the country. Since its creation, the ISSP programme has funded no fewer than 346 projects and allocated just short of £15 million—not a large sum but one that produces considerable benefits. The average value of a grant has been around £43,000. The largest single grant, of just over £500,000, was to a consortium of 18 London schools to enable them to offer gifted and talented provision in mathematics, science and modern languages over a number of years. I will not go into further detail; the Government produce full reports on the outcomes of partnership schemes. The current round includes 24 excellent projects.
It is against this successful background that I bring forward the amendment. Much has been achieved and it may be appropriate, in order to safeguard the partnership in future, to put it on a statutory basis.
Lord Lucas
My Lords, I support my noble friend’s first amendment. Making sure that British education around the world is of high quality does Britain a great deal of good one way or another. There are many countries where our education system comes under far less criticism than it does here and where our qualifications are very highly regarded. All the work that we put in here to make sure that they are even better is important. Now that the system of inspection here, with which we are happy, reaches out to some of those schools, we should acknowledge that by extending to those schools the abilities in terms of raising young teachers that we would accord to them if they were in the UK. They are schools following the British system, using British qualifications and mostly British teachers. I see no reason why we should cut them out of that.
I disagree with my noble friend on his second amendment from two points of view. First, if only 15 or 16 people are failing, why are there so few? What kind of rigorous examination has so few people failing? It really cannot be a mark of quality that so few people fail their induction year. I cannot believe that, as set up now, the processes that allow someone to begin an induction year are so perfect that only that small proportion should fail.
Secondly, I want to argue against the premise that people who fail should not be allowed to retry. I know one of those 15 people and I have had a long conversation with him as to why he failed. In my view, the basic reason is that he wanted to make maths fun and would not put up with the Gradgrind methods that he was told to use. It was silly of him to argue. He should have just knuckled down and gone through it for a year. Then he would have been free to teach and to explore his own way. But he did not because he is a headstrong young man and full of what strikes me to be very good ideas as to how to enliven a subject that I have always enjoyed but many people have not. Where such people have come up against what in my mind is the wrong verdict or have tackled things in the wrong way, they should be given another chance. I look at this in both ways: a lot more people should be failing and they should be given a second chance.
Baroness Garden of Frognal
I thank my noble friend Lord Lexden for giving us this opportunity to talk about induction, which is an important part of ensuring we have good teachers in our schools. Induction is like a probationary period. It provides a statutory national framework for supporting new teachers to make the transition from initial teacher training to their career in teaching. It ensures that NQTs receive support, training and development. At the end of this time, new teachers have to pass an assessment and can then become full members of the teaching profession. Before I come on to the amendments in detail, let me set out briefly some of what the Government are doing to get excellent teachers into the profession, because induction is at the end of the process and needs to be viewed in that context.
Our initial teacher training strategy, which we recently launched, includes the following measures: we will attract the best graduates by offering one-off training bursaries of up to £20,000; we will double the size of Teach First, a scheme that has been highly successful in attracting graduates from some of our best universities into teaching; we will raise the bar for entry to teaching by funding training only for those with at least a second class degree, and by introducing literacy and numeracy entry tests; we will focus teacher training better on the skills that teachers need most, including managing behaviour and teaching early reading, items which we have already touched on in this Committee; and, we will give more schools a strong role in the recruitment and training of the trainees that they will go on to employ.
Alongside these reforms, we have been reviewing teacher standards, including those that trainee teachers must meet. We expect shortly to produce new, clear standards that raise the bar for newly qualified teachers who enter induction, so the Government are doing much—
Lord Knight of Weymouth
Given that the Minister raised the background to this debate, which I am grateful to her for doing, could she clarify one point for me? In terms of the bursaries being proposed in the paper, can the Minister give us her view of the impression given by awarding up to £20,000 per secondary school priority subject, yet so much less for primary school teaching? Is it not really important that we get things right in primaries so that people can become successful in secondaries, and should the bursaries not reflect that?
Baroness Garden of Frognal
Some of this is to do with shortages of teachers. There are more shortages of secondary school teachers, which is why those priorities have been set. However, we would entirely agree with what the noble Lord has said about the real importance of primary school teaching and of introducing an ethos of learning, and of the fun of learning, at a very early stage. Primary school teachers are of the utmost importance in that. The Government are doing much to improve the quality of those who enter induction in the first place but, as my noble friend Lord Lexden has said, induction itself is of great importance. It helps NQTs to handle the fresh challenges they face in their first teaching post, to strengthen their skills and to improve their teaching.
On Amendment 69 it is the case, under current regulations, that NQTs may serve induction only once—a point that has been picked up by noble Lords. In answer to the noble Baroness, Lady Jones, it is a fact that the previous Government’s regulations prescribed only one induction period. We have reviewed that position and decided to continue it. Of course, if things change we can always review the position but that is what we are holding to at the moment. Recent discussions with those who work with induction arrangements have supported the current position, reflecting the important points that my noble friend Lord Lexden has made today. We do not plan to allow NQTs to serve more than one induction period. It is of course a key element of ensuring that only those NQTs who meet the required standards are permitted to continue to teach in maintained schools, and we would wish to maintain that.
In answer to the point by the noble Baroness, Lady Jones, about academies, they are classified as independent schools and as such they may choose to offer statutory induction, although they are not required to do so. We will continue that position through regulations. My noble friend Lord Lexden raised an important issue—
Baroness Morris of Yardley
Can the Minister clarify that? If you do your initial teacher training and choose to teach in an academy, if there is no requirement to do an induction year, how do you get your complete teacher training certificate? Is it not needed? I thought every teacher had to have an ITT qualification and undergo a successful period of induction. What is the position for a teacher going into an academy? It is not quite clear.
Baroness Garden of Frognal
They are classified as independent schools, so they come under those criteria.
Baroness Morris of Yardley
I understand that. It is the teacher I am concerned about. It is just a scenario. The teacher completes a period of initial teacher training for a year as a PGCE, then goes into an academy and does not have to serve an induction year. What happens? I am not sure how they complete their qualification.
Baroness Garden of Frognal
I apologise to the noble Baroness. I thought we had switched to another subject. A teacher who wishes to teach in a maintained school would have to have gone through a period of induction, but I had moved on to the teaching schools.
Baroness Morris of Yardley
If the teacher finishes their initial teacher training and then gets a job in an academy, surely the academy has an obligation to carry out their induction year. Otherwise, they cannot qualify at the end of it.
Baroness Garden of Frognal
Academies can choose. It is a choice, as it is with independent schools.
Baroness Hughes of Stretford
As I understand this—I may be wrong—teachers’ training is not fully validated until they have successfully completed an induction period. If the choice of whether there is an induction period rests with the school or academy and is not a right for the teacher, there may be a large number of people going into those situations whose training is never finally completed and validated if they have not done a satisfactory induction period.
Baroness Garden of Frognal
My Lords, we seem to have hit an area where it would be helpful if we take this away, look at the detail of the arrangements and write to members of the Committee. The position at the moment appears to lack some clarity. We will write.
Baroness Howarth of Breckland
When the Minister writes, will she tell us the principle behind this? Some of us are anxious that we are going to move towards a position where anyone can teach in any school without appropriate qualifications. We hope that is not the Government’s position and so look forward to that being clarified in the Minister’s reply.
Baroness Garden of Frognal
We will sort that out in the letter because that is certainly not the intention.
Baroness Massey of Darwen
Could the Minister also explain what the situation will be in so-called free schools where, as I understand it, people can teach without qualifications?
Baroness Garden of Frognal
They are independent schools, so the freedoms that have pertained for some time in the independent sector would apply to free schools.
Baroness Massey of Darwen
But the independent sector does not have unqualified teachers.
Baroness Garden of Frognal
They do not need NQT status in free schools or independent schools. That is not a change.
Baroness Jones of Whitchurch
I am sorry to dwell on this, but I want to pick up the point that the noble Baroness made earlier about induction periods. She has confused me because the legislation states that regulations will be made,
“as to the number of induction periods that a person may serve, and the circumstances in which a person may serve more than one induction period”.
As I said in my original speech, that sounds perfectly sensible. The Government are now saying that they have already decided, and that it is one. The legislation implies a level of flexibility that the Minister is now saying does not exist. It is one induction period—end of story.
Baroness Garden of Frognal
Both the current and proposed primary legislation enable the Government to allow more than one induction period to be served. However, under the previous Government this was not the case, and this Government have decided to continue the practice of the previous Government, so there has not been a change and the facility exists, if required.
Moving on, my noble friend Lord Lexden raised an important issue relating to induction in teaching schools. He indentifies a risk in the possibility of the same teaching school providing an individual’s initial teacher training and hosting their induction. I agree with my noble friend when he says that we must not allow this to be a loophole through which poorly trained teachers can enter the system. I can reassure your Lordships that only schools of the highest quality will be able to become teaching schools that provide ITT. They will need to be judged outstanding by Ofsted and pass a rigorous assessment, overseen by the National College, in order to become a teaching school. They will then need to go through the robust accreditation process that all ITT providers currently go through. If they are successful, their ITT provision will be subject to Ofsted inspection. There will be safeguards on the quality of induction in teaching schools by means of the independent appropriate body that oversees induction. I know we will come on to talk about that body in more detail when we move on to the next amendment, tabled by my noble friend, Baroness Perry of Southwark.
The Earl of Listowel
I beg the Minister’s pardon for interrupting her, but one point that I know concerns some head teachers very much is the status of those primary schools that currently have a status as a sort of teaching school. The head teacher whom I have in mind works in a very challenging area. Her school’s results in terms of educational attainment may not be so high, but it is recognised that she is doing a fantastic job in a very difficult area, where she works with some very challenged families. The concern is that, when the Government are setting parameters for the new teaching schools, they may not take enough cognisance of the huge progress that these head teachers have made with their pupils and will keep more in mind the bare bones of achievement in terms of academic attainment. I would be grateful if the Minister could reassure me that this will not be the case and that head teachers who make a huge difference to children coming from difficult challenging background will not be excluded from the teaching schools initiative.
Baroness Garden of Frognal
My Lords, the schools will need to be judged outstanding by Ofsted, so there will be levels of academic attainment within that. However, we are in no way underrating the value of schools such as the one to which the noble Earl has referred. They may well be able, say, to work in partnership with a school that was rated outstanding, bringing the special skills they have developed in those very challenging schools to bear on the induction period.
Finally, let me turn to the issue of induction at British schools overseas, which was my noble friend’s other amendment. The British education sector overseas is growing rapidly. It appeals both to English-speaking expatriates and to local parents in many parts of the world, who want their children to have an education instilling British values and ethos. For those reasons, I agree with the noble Lord that British schools abroad should be able to offer induction.
In response to the question from the noble Lord, Lord Sutherland of Houndwood, there will be no impact at all on current arrangements between England and Wales and between England and Scotland—those will not change.
The good news is that primary legislation does in fact already allow this. These schools are legally independent schools, and independent schools are able to offer induction to their NQTs if they choose to do so, providing the teacher has QTS and the school can provide a suitable post. However, there is currently a legal barrier to this happening, in secondary legislation. Following our review of induction arrangements, I have therefore asked officials to ensure that proposed amendments to the induction regulations will include changes that allow certain British schools abroad—those that have been inspected under the British schools overseas arrangements and accredited by COBIS or other reputable British schools overseas organisations—to offer statutory induction to their NQTs.
I hope that my remarks have provided some reassurance to my noble friend Lord Lexden, and that he will feel able to withdraw his amendment.
Lord Lucas
My Lords, since the noble Baroness is in writing mood, will she enlarge slightly on the questions that I asked in regard to the second amendment of the noble Lord, Lord Lexden? If we are focusing hard on trying to get high-quality teachers, we need to be careful to ensure that we have not built into the system disincentives to getting rid of teachers who are not up to the grade. It was always the problem with hanging someone for stealing a sheep that juries would never convict. It seems to me that we have a similar situation here, as the penalty for failing an induction year is so harsh—the person may never teach in a maintained school again. Most people strain to get these individuals through their induction year and to pass them just because the penalty is so harsh rather than because they have done well enough to be passed into the teaching profession with all flags flying. Therefore, I would like to understand the logic behind the Government’s decision to keep it as “once only” rather than allowing a second chance.
Baroness Garden of Frognal
My Lords, this may be a convenient moment for the Committee to adjourn until Monday at 3.30 pm.
Education Bill
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Baroness Garden of Frognal
My Lords, as we have all agreed, improving standards of behaviour in our schools is of great importance. We know that having a clear behaviour policy, which is consistently applied and includes positive incentives as well as sanctions, is essential to ensure good behaviour. This clause is one measure that the Government are taking to help schools to achieve this. Its intention is to allow teachers and head teachers to use detention in a way that is appropriate to the circumstances of their school and individual pupils to maintain a safe and orderly school environment.
My noble friends Lady Brinton and Lady Benjamin and other noble Lords have raised concerns about the safeguards, but safeguards are already in place to make sure that parents know what to expect with regard to detention outside school hours. Section 89 of the Education and Inspections Act 2006 requires that head teachers develop a behaviour policy in line with the principles drawn up by the governing body, and publicise it to parents annually. This policy must include all the penalties that the school uses to maintain discipline, including whether the school issues detention outside school hours.
The amendments in this group seek to place additional requirements on schools in relation to contacting parents when they wish to give a detention. I understand the intention behind the amendments. My noble friend and the noble Baroness, Lady Jones, rightly consider that courtesy to parents and issues of child safety are of the utmost importance. Of course, I agree with them about that. However, noble Lords asked where these requests had come from. They may have read the briefing by the Association of School and College Leaders, which read:
“We welcome removal of the requirement to give parents 24 hours notice of detentions. We note that at second reading there was concern that this power could be abused. School leaders are well aware of the position of child carers, as well as other concerns such as children walking home alone in the dark and in the vast majority of cases will continue to give 24 hours’ notice. We are confident that schools can and should be trusted with this additional discretion”.
We have had meetings with school heads who support that to the hilt.
I believe that teachers and head teachers will consider the circumstances of their schools and pupils in setting their policies on detention so that they can promote good discipline but also safeguard children’s welfare and support good relationships with parents. However, I shall also set out the existing legal safeguards that protect children’s welfare if they are given a detention. Section 91 of the Education and Inspections Act 2006 requires that disciplinary penalties must be reasonable in all circumstances. When considering whether a disciplinary penalty is reasonable, teachers must take account of the special circumstances of the pupil, including—but not limited to—their age and special educational needs, or any disability they may have. That would include the concerns raised by the noble Baroness, Lady Jones, about autistic children and their very special needs.
The Section 91 requirement applies when issuing detention outside school hours. This means that a detention will be lawful only if a teacher acts reasonably given the circumstances, including in relation to giving notice to parents. My noble friend Lord Lingfield raised the fact that this is a power, not a duty, that schools will have.
Lord Knight of Weymouth
Do those legal safeguards mean that the noble Baroness’s expectation is that parents’ recourse would be to the courts—and the expense of going to court—if, for whatever reason, they did not feel that they had been given notice that their child would not be at the school gates to be picked up and that had caused them to worry? Is there another third party to whom they could appeal?
Baroness Garden of Frognal
The noble Lord raises a valid point. There will be a school complaints procedure to which parents can normally turn in the first instance. Given the special circumstances in which this might arise, one would have thought that that would be the first line of action.
I also understand noble Lords’ concerns regarding the safety of children when travelling home from school, particularly in rural areas. I should reassure noble Lords that, in addition to the safeguards I have just described, Section 92(5) of the Education and Inspections Act 2006 makes it clear that, when considering an out-of-hours detention, teachers must consider whether suitable travel arrangements can be made via pupils’ parents. For some rural schools, out-of-hours detentions may never be appropriate, whatever the notice period, as has already been raised in discussion. I believe that head teachers will make sensible decisions in their individual circumstances.
In our debate on Tuesday, the noble Lord, Lord Sutherland, described some of the difficulties that schools can face in working with a minority of parents. There is a risk that requiring parents to give consent for a same-day detention or to confirm that they are aware of it could, in a small number of cases, allow parents to obstruct appropriate disciplinary penalties. I should reassure noble Lords that the department has released new concise guidance on teachers’ legal powers to discipline. This guidance makes it clear that the school must act reasonably when imposing a detention, as with any disciplinary penalty. In addition, when deciding the timing, the teacher should consider whether suitable travel arrangements can be made by the parent for the pupil. I believe we can trust teachers to consider this and act appropriately.
In reply to the noble Lord, Lord Knight of Weymouth, a study carried out for the Department for Education found that teachers reported a lack of support from parents, describing a “them versus us” mentality. That same study found that teachers felt that the removal of the requirement for 24 hours’ notice of detention would empower them. I can send the noble Lord and the noble Baroness, Lady Howarth, a copy of that study. We stress that the vast majority of parents would be likely to be supportive if they could see that the detention was in the interests of their children. However, this measure is to take account of cases where that might not be seen as an appropriate action.
Lord Knight of Weymouth
Is it not the case that the amendment asks for parents to be given notice? It does not require consent. I completely understand that there may be problems over consent if the relationship between home and school is not great. The important thing is that parents know that their child will not get off the bus.
Baroness Garden of Frognal
Parents do not necessarily answer their phone. The fact that one has sent a letter home with the child does not necessarily mean that the child has passed it on—I can remember that being the case when I was a teacher. In some cases it was difficult to get hold of the parents to ensure that the message had been sent through. I come back to the point that, were there a difficulty at home, teachers and head teachers would be aware that it might not be an appropriate action to take. It would be taken only where it was deemed to be the right thing to do.
Baroness Massey of Darwen
Is the Minister aware that quite often teachers and heads are not aware that there might be a problem at home? My noble friend gave the example of young carers. Young carers often do not wish to be known as young carers. I find “appropriate” and “reasonable” quite difficult to grasp in these circumstances.
Baroness Garden of Frognal
In the case of pupils who were young carers, one hopes that that would be known by the schools, although I grant you that it might not be. Once again, we come back to the fact that detentions without 24 hours’ notice would occur in very exceptional circumstances. Teachers would ensure with the pupils concerned that there was no reason for it to be inappropriate for them to be detained in those circumstances. Teachers are already legally required to take appropriate and reasonable action in giving an out-an-hours detention and to consider all the relevant circumstances. I do not believe for one moment that they would be gung-ho. We should listen to head teachers when they tell us that this measure will help them.
My noble friend Lord Willis asked how many schools applied for a power to innovate. The answer is probably none, because few schools have ever applied to use the power for any reason. It would simply be something that they had it in their power to do if the need arose.
Lord Willis of Knaresborough
I am grateful to the Minister for responding so quickly and to the Box for finding the response. She makes exactly the point that I want to make; namely, that these powers already exist. You do not need additional legislation to have an impact here. If a school wanted the power, it could simply apply to the Secretary of State under the 2002 legislation and the Secretary of State would gladly give it to them.
Baroness Garden of Frognal
My Lords, there is currently a ban on giving a detention without 24 hours’ notice. That is why we are legislating here to enable schools to have the additional power if they wish to use it in very special circumstances.
Lord Willis of Knaresborough
I apologise if I am being incredibly stupid, but the 2002 Act gives the Secretary of State the right to grant to any school in England earned autonomy and the power to innovate. If you have the power to innovate, surely that takes precedence over any legislation, otherwise—I say with due respect—the 2002 Act becomes meaningless.
Baroness Garden of Frognal
With due respect to my noble friend, I think that it would be quite a time-consuming process for each school to apply to the Secretary of State for a power to innovate for a circumstance which would be likely to arise very seldom and which would need immediate action. Processes for expecting in advance to be able to do this are not practical.
Lord Willis of Knaresborough
I am sorry to take up the Committee’s time but this is important. It would not be done on every occasion. As a school, you apply for the power to innovate and you put it into your polices that you have the power to give a detention without notice—end of story. Why is new legislation needed?
Baroness Garden of Frognal
Each school would have to apply individually for that power to innovate. We are setting in legislation the fact that each school would not need to apply individually to the Secretary of State; they would have it as an additional power which they could use on the rare occasions that the school deemed that it was an appropriate way of dealing with a pupil’s behaviour.
Baroness Jones of Whitchurch
Before the noble Baroness sits down, I want to be clear what she is saying. Is she saying it is okay to have short-notice detention and not to tell the parents, because that seems to be the message? That raises all the concerns that people around the Room have raised. By all means have short-notice detention but make sure the parents are told. It seems she is saying it is not necessary. All our amendment is doing is to make sure the parents are told. That is a safeguard—the check and balance that is needed. I have not heard a convincing case why we should not insist that parents are told.
Baroness Garden of Frognal
We are talking here about a detention which might be as short as 10, 15 or 20 minutes after school. In that case there would not be time to get hold of most parents to tell them their child was being detained. If all the safeguards were in place to indicate that there would be no danger or damage to that pupil in detaining them, it might be a short, sharp shock that would just rectify a situation that was getting out of control. It is simply an additional power that the school would have, without all the delays. It will build up into a much bigger issue if you then wait and send a letter back to the parents or try to contact them. The whole thing might escalate into a much bigger punishment than giving a brief and immediate punishment on the spot to a young person who had committed some misdemeanour where all the safeguards were in place to make sure that that child would not be at risk for being kept back for a few minutes at the end of school.
We are obviously taking account of transport and all the other circumstances where this type of detention would not be appropriate. We are doing so in response to head teachers, who have indicated that they would welcome this power. As the noble Baroness, Lady Howarth, said, this is, in a way, a message about something that could be available to them should they need it in very specific circumstances and when appropriate with all the safeguards surrounding it.
We hear the strength of feeling around the Room about this measure but I hope that noble Lords will see that it is a very measured proposal. Teachers would not be inclined to abuse the system but it could be extremely helpful in some circumstances to give an immediate punishment. It would show a young person that they had stepped out of line and that such a punishment was appropriate.
With that explanation, I hope that the noble Baroness will feel able to withdraw the amendment. However, we certainly have taken on board the debate on this matter in Committee and the strength of feeling that it has aroused.
Baroness Brinton
My Lords, we have had two debates on this amendment. The latter one that has emerged about the power to innovate and accessibility to current legislation for schools has been interesting. I urge the Minister to reconsider whether the existing law enables the Government to achieve what they want to happen. Should it not do so, I shall want to come back to some of the comments made by other noble Lords today.
There are key safeguarding issues relating to short-notice detention outside school time. That is the fundamental concern behind both these amendments. It is a question of trust in teachers, as espoused by the Ministers, or safeguarding children. Frankly, I think that the balance there always has to be in favour of children. I absolutely take the point made by the noble Baroness, Lady Jones of Whitchurch, and others about children who act as carers. Children may also have non-caring roles that they need to fulfil or other commitments outside school with classes to go to where their non-attendance would cause problems. There are many things that schools do not know about where a short-notice detention out of school time could cause very serious implications for a child.
Parental support is absolutely vital, as many noble Lords have commented. Since the beginning of Second Reading, we have talked repeatedly about partnership between parents and schools. Parents’ support for outside-school-time detention must be a priority, not least because that gives them the chance to make alternative arrangements and it also gives them a chance to say to the school, “In this instance, it is not appropriate to do it straight away”.
I have to take issue with my noble friend Lord Lingfield about this being a new tool in the toolbox. It is a very weighty tool and an absolute sledgehammer to crack a nut. The Minister cited Section 91 of the Education and Inspections Act 2006, as well as another Act, and was confident that all the legislation was in place and that all we were being asked was to trust teachers. However, this amendment and Amendment 62 set out a simple and clear way of making it absolutely unavoidable for a school to contact a parent and get a response. My noble friend Lady Benjamin talked about the importance of a letter going to the child’s home. She is right that in this day and age there are much faster ways of contacting parents, including by text and mobile telephone. Even five or six years ago, as a parent I got messages from school as my eldest had accidents at school and was required to be taken to A&E. If something is that urgent, frankly the school can make contact. If the school is required to contact parents, they must do so.
I come to the final point about a nine year-old at primary school walking home late in November without their parents’ knowledge. In the main, most schools would not want that to happen, but there are occasions when it might. That is why I come back to safeguarding. If it is safeguarding versus trust, safeguarding must come first.
Baroness Garden of Frognal
That simply would not happen. It would not be the case that a nine year-old was kept back late in school and allowed to walk home on their own under these circumstances. That is not how this measure is either intended or framed.
Baroness Brinton
Whether it is a nine year-old, an 11 year-old or a 12 year-old, the same safeguarding issues are still absolutely there and valid. I am afraid that the problem with the plethora of legislation that was quoted earlier is that it is too easy to miss. There were comments earlier about the message that the Bill sends out about this. There is a clear message from both of these amendments that children’s safeguarding comes first, which is why parents should be notified.
I hope that Ministers will take into account much of the discussion that we have had today, and will able to come back at later stages of the Bill. For now, however, I beg leave to withdraw the amendment.
Baroness Morris of Yardley
I shall speak very briefly in support of the amendment because it is perhaps one of the most important that we will discuss in Committee. I know that we can return to the issue at a later stage. I very much support what my noble friend Lady Hughes said—out of all the obligations that schools have been freed from, this is probably one of the most important to discuss. My reasons for saying that are twofold. I completely accept the need for schools to be independent and I acknowledge and recognise that the Government are working to push that agenda as far as they can. Can the Minister say whether the Government also accept the need for schools to be interdependent? Does he understand the concept that sometimes schools cannot do well for their own children because they are not interdependent with other schools in the system?
If the Government accept that, I have a second question. Of all the things that schools can do, the thing that can most harm a neighbouring school is the exclusions policy. That is what makes exclusions different than a lot of other things. I am sure that the Minister and the Government fully understand that the actions of one school can make it difficult for another to raise standards. That is the powerful case for leaving there the obligation and duty to be part of the partnership. It is, first, about the interdependency of schools as well as the independence and, secondly, it is about understanding that the actions of one school can be very detrimental to the ability of the other to raise standards. Will the Minister reflect on that in her response?
Baroness Garden of Frognal
My Lords, I understand and have much sympathy with the intention of the amendment to promote partnership working between schools to improve behaviour and to remove bureaucratic burdens, and with the views put forward by the noble Baroness, Lady Hughes, the noble Earl, Lord Listowel, and the noble Baroness, Lady Morris. I agree that working in partnership to improve behaviour and attendance can help schools to meet the needs of their pupils. Very many schools are already doing this very effectively. We heard from Sue Bainbridge from National Strategies, who worked on behaviour in schools for the previous Government. She said:
“One really good example of partnership working is in Tower Hamlets. No one told those schools to work together; they decided to work together. They share their data now. They not only openly share data with heads and senior leadership teams, but flag up the youngsters who are causing them concern. They ask each other for help with strategies to address a problem.”
The Education Select Committee when conducting research into their report Behaviour and Discipline in Schools, published this February, observed:
“During our visit to Leicester City Council, local partners were confident that there existed an established culture of less challenged schools supporting those with greater challenges in terms of pupil behaviour. Therefore, the removal of the requirement to form BAPs [behaviour and attendance partnerships] was expected to have little impact on local partnership working”.
The fact is that Section 248 is not yet commenced. Therefore, schools that are part of a behaviour and attendance partnership have been doing so on a voluntary basis. No arrangements were planned to monitor or enforce the requirement for schools to form partnerships, and no resources have been allocated to schools to help them with the administrative burden that that would have imposed.
One feature of behaviour and attendance partnerships is that schools pool resources to buy in specialist resources, including SEN provision. There is no reason why this should not continue, because it has taken place without any need for this section of the Act. These examples—the noble Earl came up with an example as well—demonstrate schools’ willingness to work together on behaviour without being required to do so.
Of course, we must hold schools accountable for the outcomes that they achieve for their pupils. Our reforms to the Ofsted inspection framework, which will focus it on the core functions of a school, will ensure that schools are held accountable for the behaviour of their students. How they achieve good behaviour is for each school to decide. If poor behaviour and attendance is identified as a key issue for a school, the management and senior leadership team should prioritise this and take appropriate action. In looking at the effectiveness of a school’s leadership and management, Ofsted will consider how they work with other schools and external partners to improve pupil outcomes.
We have already discussed in debates on previous clauses the Government’s overall approach to improving behaviour in schools. As noble Lords know, one element of this is our trial of a new exclusions process, where schools take responsibility for the education and attainment of pupils whom they exclude. The trial will give us a further opportunity to explore how schools can work effectively together and with others to reduce exclusions and how government can incentivise them to do so.
Perhaps I may respond to a point made by the noble Baroness, Lady Morris. In another place, Kevin Brennan said in a debate on exclusions that he would raise the issues of how—oh, I am sorry. All schools and admissions authorities are required by School Admissions Code to participate in the locally agreed fair access protocol to ensure that children without a school place, especially the most vulnerable, are found a place at a suitable school as quickly as possible.
I hope that I have demonstrated that repealing the legislation will not affect existing partnerships or stop new partnerships from forming. Behaviour and attendance partnerships appear to have flourished without ever becoming mandatory. This part of the legislation has never been put into force. I look forward to seeing this continue in future. I hope that the noble Baroness will feel able to withdraw her amendment.
Baroness Hughes of Stretford
My Lords, I thank the noble Earl, Lord Listowel, and my noble friend Lady Morris for their contributions, emphasising as they did the importance for all schools of collaboration and partnership working, and the great contribution that they can make and are making to the creative management of some of the most difficult problems of behaviour, discipline and attendance that schools are addressing.
I am sorry to say that I was not greatly convinced by the Minister’s response. We hear constantly from Ministers that such requirements on schools are regarded by the Government as bureaucratic burdens. I do not think that they are. They have been necessary in order to inculcate the kind of behaviour that we want from schools. The fact that the legislation has not yet been implemented in full does not mean that its repeal will not have any effect. Schools were anticipating this legislative requirement; it was the whole direction of travel of the previous Government. The fact that schools are doing it effectively now—some of them; not all of them—does not mean that the duty to engage in partnership is no longer required. As I said in my opening remarks, Alan Steer pointed out that some schools behave very badly, particularly in relation to exclusions. As my noble friend Lady Morris said, when that happens, it greatly affects all the other schools in the area. His clear conclusion was that all schools needed to be in these partnerships and that all schools should have that duty placed upon them.
I am not convinced that repealing the requirement will not have a negative impact on the partnerships that exist at the moment. We have to look at this matter in the round. We have heard from the noble Baroness, Lady Howarth, today about messages. Taken together, a lot of the messages in the Bill say to schools, “It’s not just about your independence. You can act in isolation. You don’t have to co-operate with the local authority; you don’t have to co-operate with the health service; and you don’t have to co-operate with each other in the development of solutions to these difficult issues”.
Baroness Garden of Frognal
My Lords, the Grand Committee normally finishes at 7.30 pm. We have gone into overtime on this. If any other Lords wish to speak, could they please be very brief to make quite sure that we are not going too far into overtime? My noble friend Lord Lexden has an amendment in this group, but otherwise might we please have a plea for brevity for the convenience of the Committee?
Lord True
My Lords, I note what the noble Baroness said. Briefly, I add to the tributes paid to the noble Lord, Lord Puttnam, and others, and the work that they have done. I am slightly surprised that some of my noble friends have supported his amendment. As I read it—and this may be something that the noble Lord wishes to reflect on or help us with when he responds—it slightly has the character of a wrecking amendment, or certainly one leading to a disincentive to take part in a decision on the future of the GTC. The amendment says:
“For such a vote to be valid, 50 per cent of registered teachers must have voted”.
As I read it, the assumption would be that the provision was part of the law of the land. Therefore, in order to frustrate the will of Parliament, as its effect would have been if the Bill had been enacted, those who were unconcerned or perhaps led to boycott the vote could decide the outcome of a ballot such as the noble Lord proposes. Having heard the eloquent statements about the ringing importance of the body in this debate, that is a very negative way of looking at it. I would therefore find it hard to support the amendment under any circumstance. It lacks confidence in the case being put, and is potentially a wrecking amendment in that it sets a threshold that would easily fail to be achieved by dint of a boycott, which is something that we should not wish to encourage.
Education Bill
Baroness Garden of Frognal Excerpts(14 years, 7 months ago)
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Baroness Garden of Frognal
My Lords, I suggest that this might be a convenient stage to have a 10-minute comfort break. The Room is quite hot and people might want to top up with water as well.
Baroness Hughes of Stretford
I also agree that Montessori offers a high-quality experience for children and one would want to support it. In talking about Montessori and supporting it, I was very keen that more children from disadvantaged backgrounds should be able to access this high-quality provision. What progress has been made in the proportion of children from disadvantaged backgrounds who now attend?
I would not have thought that mapping the qualification is an insuperable problem. I am sure the Children’s Workforce Development Council will be positive in resolving the issue. When the Minister replies, will he enlighten us as to what is going on in the CWDC? It has been doing good work in raising the level of qualifications and ability of early-years professionals, in improving the infrastructure of qualifications and in supporting all parts of the sector going forward. I understand that the Children’s Workforce Development Council is going to be brought in-house and that its annual grant of £110 million has been taken away, as has its non-departmental body status. What are the implications of that for the progress that has already been made in early years and for continuing that progress in raising the level of qualifications and so on which we are all so concerned about?
Baroness Garden of Frognal
My Lords, Amendments 11 and 70 relate to Montessori nursery schools and qualifications of Montessori teachers. I hear what my noble friend also said about Steiner schools and the question of the noble Baroness, Lady Massey, as to whether it is legitimate to add these in to the amendment when they have not already been mentioned. Perhaps we can discuss that at a later stage.
I am grateful to my noble friend for moving the amendment because it gives me the chance to say that we fully understand, as has been reflected in the comments from noble Lords today, that for many parents the Montessori ethos is valued and reflects the early education that they want for their children. The Government are committed to maintaining and supporting a diverse early-years sector and I welcome the continued role of Montessori nurseries within that sector.
As my noble friend Lord True will be aware, Montessori organisations opted out of becoming part of a national qualifications framework which was part of the previous Government’s efforts to raise the quality of the early-years sector. Montessori qualifications would have gone unrecognised by the Child Workforce Development Council as relevant qualifications under the early-years foundations stage if it were not for the previous Government’s decision to give temporary recognition to those qualifications while discussions with the relevant bodies were continuing. This was due to expire in January 2010. These conversations are continuing and Montessori qualifications will be recognised on a temporary basis until January 2012.
The position beyond that point is the subject of discussions between representatives of Montessori organisations, officials at the CWDC and officials at the department. I am sure that they can also include Steiner organisations. I can assure my noble friends that we have not ruled out extending the period of recognition beyond January 2012 and that we are clear that we will not do anything that may disadvantage those who take Montessori qualifications. I am sorry to hear from my noble friend Lord True of what appears to have been poor communication. I understand that the CWDC carried out a wide-ranging communications exercise with local authorities, employer settings and the workforce. The thrust of this was information sent to local authorities tailored for different audiences that should have been sent on to providers including Steiner and Montessori settings. Further discussions need to take place on that.
Amendment 70 concerns Montessori education and qualifications and would require teachers in Montessori schools to have served their induction period in a Montessori-accredited school or any other school approved by a Montessori training body. Later in the Committee’s deliberations, we will consider teachers’ induction periods in more depth but I take this opportunity to provide my noble friend with some assurances on induction for Montessori teachers.
Independent schools, including Montessori schools, can offer statutory induction if they so wish, although there is no legal requirement for them to do so. Should they choose to offer statutory induction, the teacher must hold qualified teacher status—QTS—before they start their induction. The post must of course be suitable and include the necessary support mechanisms. The conditions under which a teacher is employed in any independent school are contractual matters between the employer and the employee. I can assure my noble friend that if a Montessori school wished to employ only teachers who have served statutory induction in a Montessori school or a Montessori-approved institution then that would be a matter for that school, not for legislation. To legislate in such a way would create unnecessary government interference in a very small section of the independent schools sector. Government’s role is to enable the independent schools sector to access statutory induction arrangements rather than to dictate how they should run their schools. Legislation is not the right approach to securing the terms under which an independent school employs its teaching staff.
Briefly, on the future of the Children’s Workforce Development Council, the CWDC will cease to be a Department for Education NDPB as the department will withdraw its investment in the council. The department is now in the process of carefully considering all the current functions of the CWDC in light of the spending review before deciding what will end, what will continue and where responsibilities will lie in the future. Our expectation is that work transfers will be completed by 2012 and that the CWDC as a company and employer lead body will be free to seek alternative funding.
I hope that my remarks have gone some way to giving comfort to my noble friend. In light of this, I hope that he will feel able to withdraw the amendment.
Education Bill
Baroness Garden of Frognal Excerpts(14 years, 8 months ago)
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Lord Collins of Highbury
My Lords, I, too, congratulate the noble Lord, Lord Edmiston, on his excellent maiden speech. As a newcomer myself, I know how stressful that can be.
I and many of my noble friends have concerns about provisions contained within the Bill and the impact that they may have on the future life chances of children in this country. However, I begin by commending the Government for their stated focus on ensuring discipline in our schools. Ministers have made it clear that they see provisions in the Bill as vital to tackling school bullying. It is right to recognise that the attainment levels of pupils can never be detached from providing all students with a safe and secure space in which to learn. Consequently, I warmly welcome the commitment represented in the Schools White Paper to address the serious issue of homophobic bullying in schools.
It is clear that this type of bullying affects young people regardless of sexual orientation in all schools, including faith schools, academies and free schools. Stonewall recently published disturbing polling evidence revealing that nine in 10 secondary school teachers say that pupils, regardless of their sexual orientation, currently experience physical homophobic bullying, name-calling or harassment in their schools. One in four teachers says that this happens often or very often. The White Paper stated that tackling bullying is an essential part of raising attainment. However, while debating provisions within the Bill giving teachers the power to tackle bullying when it happens, we should not forget that schools must be in no doubt that they have a fundamental responsibility to prevent such bullying from happening in the first place. They actually need to be environments in which young people feel comfortable in reporting homophobic bullying.
I will also address proposed changes to the inspection framework to schools. The Bill intends to focus inspections to schools on four core areas: achievement, teaching, leadership and management. The White Paper stated that Ofsted should be tasked to,
“look for evidence of how much bullying there is in school and how well it is dealt with”.
In order to inspect schools in this respect, it is essential that all Ofsted inspectors in future have an understanding of all types of bullying within schools and what schools can do to prevent and tackle it. That will assist them in asking schools the appropriate questions about homophobic bullying and in identifying the processes that need to be put in place to measure, prevent and respond to it. I hope that the Minister will be able to give an assurance that this important function will not be diluted in any way by the changes to the inspection framework the Government are proposing.
Furthermore, the Bill sets out how certain categories of school—those rated outstanding, for example—may be exempt from routine inspection. It is not clear how these schools will remain accountable for their academic performance and for their efforts to tackle and prevent all forms of bullying once they are exempt from the scrutiny.
I also comment briefly on provisions within the Bill for the abolition of the General Teaching Council for England and the Training and Development Agency for Schools. Raising standards within our schools and tackling bullying is clearly reliant on ensuring that Britain's schools have the highest standards of teachers in the world. However, the Stonewall research that I cited also showed that nine in 10 teachers and non-teaching staff in schools report having never received training on how to prevent and respond to homophobic bullying. I have real concerns that the Government have not adequately outlined how they intend to train teachers to the highest standards and with the required skills to tackle all forms of bullying, which underpins the very aims of this legislation.
Finally, I express my concern that the provisions in the Bill should apply to all educational establishments across the country. I hope that the Minister will make it crystal clear that no school, whether academy or state, faith or free, will be exempt from the responsibilities outlined in the Bill.
Baroness Garden of Frognal
My Lords, I apologise for intervening but, with no reflection on the noble Lord who has just spoken, we are drifting quite a bit beyond the original recommended time of six minutes and shall rise late. It is simply for your Lordships to decide whether to curtail the six minutes or rise rather later than 10 o’clock.
Lord Lucas
My Lords, I very much regret the decision of the usual channels that this Bill should be committed to a Grand Committee. It is an important Bill with many crucial aspects. It has clearly commanded wide support in the House. Fitting 50 people into the Moses Room will be a considerable struggle. As I understand it, that arises from the failure of the Government to give us any major Bills to start with in the Lords so, as usual, they are all piling up at the end. We are therefore expected to leave the Chamber clear for whatever other business the Government have by making this a Grand Committee Bill, for which, to my mind, it is not suitable. I very much hope that this is a matter that we shall return to when we debate the procedures of this House.
Can my noble friend at least give me the assurance that we will not have Committee on this Bill on any day when, in this Chamber, there is Committee on the Localism Bill? Many of us take an interest in both matters, and it would seem to me quite unreasonable to try to run the two in parallel.
Baroness Garden of Frognal
My Lords, I assure my noble friend that the business planning of the House will try to take into account, as far as we possibly can, that there are no major clashes between Bills and discussions in that way.
Children: Early Intervention
Baroness Garden of Frognal Excerpts(14 years, 11 months ago)
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Baroness Benjamin
My Lords, I, too, congratulate my noble friend Lady Walmsley on securing this debate as it deals with matters very close to my heart. I congratulate my noble friend Lord Storey on his passionate maiden speech and the right reverend Prelate on his excellent speech too.
For many years now, because of my professional and charitable work with and for children and young people, I have always advocated that early intervention is the answer as regards prevention of much pain, suffering and unhappiness later in life. Research has shown that 40 per cent of children with conduct disorders at the age of eight will go on to have repeat convictions, and 90 per cent of convicted adolescent offenders show conduct disorders. Therefore it is crucial to put early intervention in place and to work with families when difficulties first become apparent or, better still, before damaging patterns in family relationships become entrenched.
Children need to valued and loved, and not blamed, vilified or labelled. One of the ways in which we can intervene to help children to find themselves and to come to terms with fears, anxieties, death, stress and being abandoned or unwanted is play therapy. Play therapy offers a way of working with the child that is child friendly and uses the language that all children understand: play. I declare an interest as patron of the British Association of Play Therapists, which believes that filial therapy—a child-centred, non-directive play therapy—is uniquely placed to help not just children but their parents to improve their emotional well-being, and that that should be in place almost as soon as a child is born in an “at risk” situation, with parents or carers learning from the start how to have empathy with the child, how to listen, how to respond, how to set boundaries, how to discipline and how to show the child love and affection. I always say that a hug a day keeps the doctor away and there is nothing like a hug to make a child feel special.
Filial therapy is an effective therapy to help children modify their behaviour, clarify their self-concept and build healthy relationships. In play therapy, children enter a dynamic relationship with the therapist that enables them to express, explore and make sense of their difficult and painful experiences. Play therapy helps children find healthier ways of communicating, develop fulfilling relationships and increase resilience, and it facilitates emotional literacy; it allows them to express things they cannot put in words. It also allows the play therapist to have a glimpse into the child’s inner world and to gain some insight into the way forward to help that child, from as young as three upwards, with this healing process. It is one of the safest ways of working with children of all cultures. This type of therapy is so valuable because it is in the child’s control: they can move as fast or as slowly as they feel safe, stop when they feel closer to being overwhelmed and engage in repetitive play for as long as it is necessary to gain mastery over whatever the issues are.
I believe not enough consideration is given to the effects of what nowadays have become almost everyday occurrences in some children’s lives: domestic violence, alcoholism, divorce, separation, sexual and physical abuse, neglect, adoption, and fostering. They all play a part in causing conduct disorder and the craving for a loving, safe and happy parental attachment. Therefore I strongly believe that it is important to raise the status of parenting, starting in schools with helping teenagers to understand that caring for children is not just about feeding and clothing them. It is about understanding the importance of attachment and attachment behaviours, which is more than bonding—it is the ongoing relationship of the child with its primary carer. Broken attachments have far-reaching consequences for children, who find it difficult to concentrate in school and therefore to learn. Boys particularly need good role models these days, yet we have so many children growing up without a strong positive role model—they find themselves drawn into gangs, who give them that feeling of security. Parents and carers who themselves have been neglected, abused or troubled in childhood are known to be more at risk of developing difficult relationships with their own children. A lack of a secure attachment relationship can negatively affect relationships for the whole of their family life.
Research has shown that the first emotional stage in a child's life occurs during the first 12 months. This is what is sometimes called the “trust versus mistrust” stage, which is so crucial in forming attachment to parents. Neglect, abuse and emotional deprivation can all prevent a child passing through this stage, in which they can become stuck and develop lasting problems.
However, play therapy can help move a child through this stage. Filial therapy is invaluable at helping the parent or carer to understand and meet the child's emotional needs. Good attachments mean that children are more likely to form successful relationships in adult life. With the advances in neuroscience and brain scans, there is now vital information about the impact of different types of parenting on a child's brain. A newborn baby has around 200 billion brain cells but very few connections; however, when they reach the age of about 12 months, the higher brain has developed many more connections. The way these are formed is directly due to the child's experiences and in particular his or her emotional experiences with a parent or carer. It is not until around the age of seven that this process slows down and the communication and pathways between brain cells strengthen, so there is some scientific truth in the saying: “Give me a child until the age of seven and I will give you the man”. I believe—
Baroness Garden of Frognal
I apologise for interrupting but the time is up and we are right up against the clock at the moment.
Baroness Benjamin
I would like to finish. Many children are suffering. Some people believe that if we leave children like Baby P, they might go on to be abusers themselves and that the answer is to give them away. However, I believe that play therapy, delivered by highly experienced professionals, can offer a different chance for children.
While I know that we are living with cuts, will the Government seriously consider setting up a pilot scheme of filial therapy to work with at-risk children and their parents and to train more therapists to practise early intervention? That would save the Government money on NHS healthcare and the judicial system, and save money for society generally. Will the Minister also consider putting practical parenting classes on the curriculum to ensure that early intervention starts as early as possible? I always say that childhood lasts a lifetime, so let us do all we can to get it right from the start by using all the tools at our disposal. Thank you for being patient with me.
Baroness Garden of Frognal
My Lords, I respectfully remind your Lordships that we are up against the clock with this debate. When the clock goes to six, you have finished your six minutes. Thank you.