Schools Bill [HL]

Baroness Grey-Thompson Excerpts

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

[Lord Moynihan (Con)]

My Lords, Amendment 104 concerns the provision of defibrillators in schools and academies. My purpose in proposing this amendment requires me to declare my interest as chair of the board of governors of the Haberdashers’ Monmouth Schools, where we educate over 1,100 children, and place the highest priority on safeguarding their interests in every activity in which they participate. In this we are led by an outstanding governor, Jo Booth.

I am grateful to the noble Lord, Lord Aberdare, who cannot be with us this evening, sadly; to the noble Baroness, Lady Grey-Thomson, and the noble Lord, Lord Addington, for putting their names to this amendment, for offering my apologies in Committee when I was hosting a key meeting at the Monmouth Schools that Monday evening, and for their subsequent support; and to my noble friend the Minister, who has been active and diligent in listening to our case and, I hope, will respond positively this evening.

The Monmouth case was particularly important to me. The schools form a close-knit society, and from governor to ground staff there is pride in our schools and a strong sense of community. So it was that one of our popular and talented students joined his friends in the cricket nets at the idyllic sports grounds in the Wye Valley, shortly before last term’s half-term, for an evening’s practice session. There he was taken ill and, realising the seriousness of his condition, the master in charge gave him CPR twice. After the second time, he regained consciousness, and by the time the ambulance took him to hospital, his mum and dad were with him. I pay tribute to the staff who cared for him throughout. Had it not been for their professional care and devotion to the well-being of the students, it is more than likely that he would not have been with his parents at the end. Later that evening, he passed away, leaving family, teaching staff and all who knew him reflecting with a heavy heart on the tragedy, which continues to be felt by us all.

Sudden arrhythmic death syndrome kills 12 young people under 35 every week. Callum Stonier, a remarkable cricket coach and committed teacher on duty that evening, had decided that if our young, outstanding student had not come round from CPR, we would have used one of the five defibrillators in the school—the nearest, rightly, being close to the cricket nets in the pavilion. A defibrillator at the sports centre nearby had previously saved a life at one of our school sporting events.

Many noble Lords on all sides of this Chamber have made the case for ensuring that defibrillators are not a voluntary addition to a school’s first aid equipment and required just in new or refurbished schools, as is currently the policy, but a mandatory part of the first aid equipment in all our schools. In fact, if there is a strong enough argument that they should be a legal requirement for refurbished or new schools, there is an equally strong legal argument for the compulsory purchase of defibrillators in every school, as there should be. We should not and cannot differentiate between two groups of children; all their lives are equally important, and I am glad that the Government recognise that.

The announcement yesterday by the Government that they intend to do exactly what we have been campaigning for is exceptionally welcome. No doubt we will hear more detail in a moment. It is not just we in this House who have been campaigning. The Oliver King Foundation has for much longer been exceptionally active in this context. It has done outstanding and important work in lobbying to ensure that all schools have a defibrillator. It appears that the Government are now building on their current open-ended policy of engaging with civil society to ensure that there are defibrillators in all our 32,163 schools in the UK. A statutory duty will save lives, and the important relationships with civil society are the vehicle to ensure that this is done.

I hope my noble friend the Minister will confirm what we heard yesterday on the radio. I heard it at 6 am when I was driving to St Andrews for the final day of the golf, and I was absolutely delighted to hear the news that the Government intended to follow the spirit of the amendment before the House. No doubt it was because the Government were more than aware that there would be an overwhelming cross-party vote in favour of the legislation this evening, and I am delighted if that was the case. They acted first and deserve the credit for doing so, because their being in favour of the objectives behind such a long-running campaign is critical.

We owe my noble friend the Minister a great debt of gratitude and our warmest thanks for her personal commitment to this subject, without which I really do not believe this would have happened. Maybe I am being too optimistic; we will need to hear from other noble Lords this evening, and whether the announcement on the radio and from the Government yesterday is accurate, and potentially receive more details from my noble friend the Minister. If it was accurate, we should celebrate this evening. As far as I was concerned, it was great news from the Government and made an outstanding day’s golf all the more memorable, because it was even more important than the opportunity I had yesterday. It will allow us, particularly the noble Baroness, Lady Grey-Thompson, my noble friend in sport, the noble Lord, Lord Addington, and many others in this Chamber, to take this forward from schools and to really look at the importance of making sure that defibrillators are available in community sports fields and sports grounds and throughout the sporting world.

If this is true, I very much hope that it will be a first, important step in that direction. On that rather happier note than in many of the other debates in this House today, I beg to move.

[Baroness Grey-Thompson (CB)]

My Lords, I declare an interest as the president of the Local Government Association, and I have a number of other interests in this area. I know that my noble friend Lord Aberdare is disappointed that he is not able to be in his place tonight; he is actively involved in the Procurement Bill. As I have previously talked about, 40% of sports facilities in England are behind school gates, so this is not only about protecting children, it is about all those people who use sports facilities.

I am disappointed that I was not going to St Andrews when I heard the news yesterday; I was merely out with a friend and we saw it on the television. I was absolutely delighted to read the social media post by the Department for Education, which said:

“We’re making sure every school in the country has a defibrillator. These life-saving devices increase the chance of survival from a cardiac arrest, and will help keep children, staff and local communities as safe as possible.”


I was even more delighted when I saw that it had been reposted by the Minister. I thank her for recognising the Oliver King Foundation, because its work in this space has been absolutely tireless.

The only question I have tonight is about the process and timescale for this announcement, because it is so incredibly important that we do this. I am sure that my noble friends will be coming back for more because, as the noble Lord, Lord Moynihan, said, we need to be looking at community centres and at widening this, but this is a really important step forward.

Schools Bill [HL]

Baroness Grey-Thompson Excerpts

Committee stage
Monday 27th June 2022 Lords Chamber

[Lord Aberdare (CB)]

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

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

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

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

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

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

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

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

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


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

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

[Baroness Grey-Thompson (CB)]

My Lords, I am grateful for the opportunity to speak to Amendment 167, in the names of the noble Lord, Lord Moynihan, and my noble friend Lord Aberdare. I draw your Lordships’ attention to my interests in the register, including as president of the Local Government Association.

As my noble friend Lord Aberdare, has already pointed out, sudden arhythmic death syndrome kills 12 young people under 35 in the UK every week. Possibly what is less known is that it has been estimated that up to 270 young people a year die in schools—lives that are surely worth saving. The noble Lord, Lord Moynihan, and I have worked on this area for a number of years, but, for me, more specifically in a sports setting. However, as 40% of sports facilities in England are behind school gates, which also have increasing community use, and as there is a greater drive to open school facilities in the summer holidays, it makes sense to have defibs in every single school.

I know that if the noble Lord, Lord Moynihan, were here, he would say that noble Lords on all sides of this Chamber have made the case for ensuring that defibrillators are not just a voluntary addition to a school’s first aid equipment and should not just be required in new or refurbished schools, as is currently the policy. There should not be differentiation between new schools and older schools. Surely all lives are equally important. However, looking at the data from NHS Supply Chain, its website says that there are 23,000 eligible schools in the UK that could have access to defibs through its scheme to make use of bulk purchasing. As the noble Lord, Lord Moynihan, would have pointed out, the Government need to go further and ensure that there are defibs in all 32,163 schools in the UK. I wonder if the noble Baroness the Minister is able to say how many schools in the UK have defibs and how many do not. Last year, Gavin Williamson, when Secretary of State for Education, was on record in another place as saying that the Government would be looking at

“changing the regulations, which are underpinned by secondary legislation, to ensure that all schools have defibrillators in the future and hopefully prevent such a tragedy visiting more families.”—[Official Report, Commons, 6/9/21; col. 19.]

As the noble Baroness, Lady Brinton, pointed out, the Oliver King Foundation has done a tremendous job in getting 5,500 defibrillators into schools, saving 56 lives. The Joe Humphries Memorial Trust has done a huge amount to get them in to use. I was at an event in the north-east of England yesterday with Rotary North East, and its One Life initiative is amazing. In the last two years, a small team of three people has worked with community groups, individuals and local councillors in the north-east to offer advice and guidance on the subject and to promote the installation of further public access defibrillators across the region. It is fantastic that these groups are doing so much good work, but it is far too ad hoc.

Should this amendment be passed, secondary legislation could be introduced to focus on the types of AEDs; their siting; training requirements; how many should be in our schools; and where should they be placed for easy access. I have read too many cases of lives that potentially could have been saved. This should be an open door in terms of protecting and supporting everyone in the school setting. Would the noble Baroness the Minister agree to undertake a meeting with me, the noble Lord, Lord Moynihan, my noble friend Lord Aberdare and other interested Peers to discuss what steps we can take to keep the door open on this conversation?

Schools Bill [HL]

Baroness Grey-Thompson Excerpts

Committee stage
Wednesday 22nd June 2022 Lords Chamber

[Lord Lucas (Con)]

My Lords, it seems delightful that the noble Baroness, Lady Brinton, who, with the rest of us, objected to the Henry VIII powers in the earlier parts of the Bill, should be asking for Henry VIII to return to deal with the Abbot of Ampleforth, who is the seat of the schools problems when it comes to safeguarding.

This is the bit of the Bill that I would very much like to listen to the Government’s rationale behind. I also hope that they will consider the other amendment of the noble Baroness, Lady Brinton—if not now, at least in terms of thinking through what happens when IICSA finally reports. As we have seen in this House with the Valuing Everyone training, when everyone knows what they must do if they see something wrong, wrong happens much less often.

[Baroness Grey-Thompson (CB)]

My Lords, I have added my name to Amendment 171Z on mandatory reporting. This is an area I am very interested in, having started my career in a sports setting, not least because I have a Private Member’s Bill in the queuing system that seeks to address the issue. Having the chance to debate this as part of the Schools Bill was an opportunity not to be missed, and perhaps is the first step in addressing this serious issue.

I thank Tom Perry from Mandate Now for his support on this issue over the years and for his advice on what is required in various settings. If the Government were minded to accept this amendment, it would send out a strong message that they are listening and have an interest in protecting children and young people. I and many others having been debating this for a long time and, over the years, we have been given many reasons why this is not possible to bring in: the cost; that it puts people in a difficult situation when having to report; and that there are other mechanisms which can be used. None of these seems a particularly adequate reason. I have also been told that, if mandatory reporting comes in, the number of cases will rise—well, of course, they will. However, we know from other jurisdictions that those cases stabilise over time.

The fact that this legislation exists in 86% of Europe may not be enough to convince some that it is necessary, but this is also about increasing knowledge and understanding. Schools are a place that have reasonable contact with young people. I am very interested in hearing the Minister’s response. I do not want to pre-empt it, but I suspect that it might include her saying that it will be difficult to do this in a school setting without doing it in a wider setting. If that is the case, I look forward to support of my Private Member’s Bill when we get the chance to debate it.

[Baroness Wilcox of Newport (Lab)]

My Lords, these amendments give us another opportunity to talk about the important issue of safeguarding. It is an issue that has fallen between the cracks of the ambiguity we have dissected and discovered in our debates on most clauses of this Bill. The fact that there have been so many probing amendments in Committee speaks to the level of uncertainty in the House about dealing with such a vaguely worded Bill bereft of ideas and vision for making a better educational opportunity possible for all children and young people.

I acknowledge that the DfE has published an updated version of the statutory safeguarding and child protection guidance for schools in England, Keeping Children Safe in Education, which will be implemented this September. That contains important new guidance, not least the new paragraph setting out that

“children may not feel ready or know how to tell someone that they are being abused”.

It also includes the recommendation that

“governors and trustees receive appropriate safeguarding and child protection … training at induction”,

and then at regular intervals afterwards.

Nevertheless, there is always more that could be done. An old headmaster of mine used to say, “The biggest room in the world is the room for improvement”—I seem to remember he had it printed on a T-shirt. In a previous debate, my noble friend Lady Chapman mentioned the MacAlister review, which proposed that schools be made a statutory partner. The review said:

“In too many places the contribution and voice of education is missing from partnership arrangements, and so schools should be included as a statutory safeguarding partner”,


which we have also proposed as an amendment in another group. Would it be worth the Minister giving an update on the Government’s progress on working through the review’s recommendations, and is becoming a statutory partner something that the DfE is likely to accept?

Children and Families Bill

Baroness Grey-Thompson Excerpts

Wednesday 23rd October 2013 Grand Committee

There is one issue that no one has raised so far: children with medical conditions who have some learning need during their condition. It may not be enough to warrant a full statement or education and healthcare plan, although, certainly in the case I am about to use as an example, it would have been helpful. The case is that of the young lady I met through CLIC Sargent. It would have been extremely helpful for her to have had co-ordinated educational support, but there was no recognition of the effect that drugs, such as those used in chemotherapy, have on patients. Often there is short-term memory loss and brain fog, and with a brain tumour there can be a serious cognitive impact that may never improve. Those effects are omitted from Amendment 241A. That may be because they are not specifically included, but many parents are concerned that their children with medical conditions have learning issues that are completely left out in the cold. I hope that the boundaries that the noble Lord, Lord Low, and my noble friend Lord Storey talked about can be merged so that we can ensure that the child and the child’s needs are at the heart of what we are doing.

[Baroness Grey-Thompson (CB)]

My Lords, I rise to speak in support of my noble friend Lord Low. I have looked to my experience in school—admittedly a few years ago—and thought about how the Bill might have affected me. I do not have special educational needs, and nor does my noble friend Lady Campbell of Surbiton, who is not in her place, but we both have access needs. My noble friend was considered to have considerable needs, and I was considered to have lesser needs. I was sent to a school miles away from where I lived. At the time it was the only school in South Glamorgan that was allowed to take wheelchair users. One might imagine that it was an accessible school. However, access was appalling and nothing in particular was done to improve it. There was an occasional ramp in the wrong place, and six people were employed to carry wheelchair users up and down the stairs. I hope that it is better today. I guess it was a product of its time.

Physical access would be better, but we have to take into account other interruptions for things such as physiotherapy in my noble friend Lady Campbell’s case or missing school. I missed a period of school to have metal rods inserted in my spine to stop it collapsing. I had to wear a plaster cast jacket from my chin to my hips for six months, which left me with very restricted movement, but nothing was done to make sure that I could stay in school. I just had to make do. I then missed a year of university because I snapped my metal rods—admittedly I was training to be a Paralympian, but that is an aside. However, it was such a major procedure that the only option for me was to write 12 essays and sit my exams within two weeks of university or to drop out of the whole year. There was nothing in place to think about how my impairment affected my ability to study. My noble friend Lady Campbell told me that because of physiotherapy and missing classes she was considered and classified as a “slow learner”. Accessibility and these other issues have a massive impact on the ability to learn and the opportunities that might arise out it.

I also wish to speak at the request of the noble Baroness, Lady Wilkins, who cannot be here today because she is at a family funeral. She strongly supports Amendments 87 and 105. She says the government Green Paper, Support and Aspiration, outlined a vision of support for disabled children and young people and those with special educational needs. It provided a vision of a more coherent and joined-up approach to meeting the needs of these children and young people. However, the Children and Families Bill concentrates on children with special educational needs only, to the detriment of disabled children. Despite calls from the Education Select Committee following pre-legislative scrutiny, and Members of the House of Commons during debates on the Bill, the Government have refused to include disabled children and young people without SEN within the scope of the reforms.

Research has estimated that around 25% of disabled children may not have SEN. Yet it is just as vital that these children and young people have access to the improved services and better co-ordinated provision that should be the outcome of the draft provisions. By making the changes proposed in Amendments 87 and 105, the Government would ensure that they keep their promise to make the new system better for all disabled children and young people and their families. In addition, the Government will also ensure that all local authorities work in the most streamlined and efficient way to provide services to disabled children and young people, and those with SEN.

[Baroness Benjamin (LD)]

My Lords, I, too, thank the Minister for his amendment because it is a great way of starting the debate. I have put my name to Amendments 220 to 222 because, as we have already heard, too many children with health conditions are not getting the support they need in schools and this problem needs to be addressed. They include, as we have heard, children with diabetes, epilepsy and incontinence and many others who all need greater consideration. However, I want to concentrate on children who suffer from sickle cell disorder, an invisible illness.

There is a strong feeling among doctors, medical practitioners and those working with children who suffer from sickle cell that provision of community nurses who deal with sickle cell sufferers should be expanded and more resources made available in schools. According to a British Educational Research Journal article, many young people who suffer from sickle cell disorder report extensive negative experiences at school. Around half have been prevented drinking water in class and going to the toilet. These are simple, basic needs of sickle cell sufferers. More than one-third were made to do unsuitable exercises and were called lazy when they got tired because of their sickle cell condition. Awareness needs to be raised by nurses visiting schools whenever and wherever necessary to support and educate staff, particularly sports teachers, about simple practices such as children getting dried off quickly after swimming, cooling down after vigorous exercise and being allowed to drink freely in class. Staff also need to be aware of the brain problems, such as silent stroke, that can occur at any time to those suffering from sickle cell.

Young people were reluctant to disclose that they had sickle cell, as they found many teachers were not knowledgeable about the disorder and felt it might be seen as a disadvantage. In some cases it can be, because if they have an attack or a crisis they have to miss lessons at school and therefore do not reach their full potential. It is all about equality, about educating schools and about training. The provision of specialist nurses in the community is also patchy and not well resourced. This needs to change.

The Sickle Cell Society believes that there needs to be a specific guide for schools on sickle cell disorder, rather than relying on generic guidance. Managing Medicines in Schools is limited because it refers only to medication and what to do in an emergency. It misses out the whole area of prevention and preventive measures, which is vital to keep those with sickle cell disorder safe and well. Also, it is no good having advice on managing medicines if school staff can simply refuse to administer them. Research shows that only a quarter of schools would agree to give children with sickle cell disorder mild painkillers, which is a problem for those suffering sickle cell, who need such medication if they have a crisis or an attack. We need to rewrite the guidance Managing Medicines in Schools to include sickle cell, which is the most common single genetic condition in England, affecting one in 1,850 of all births in England.

I know that the Government’s view is that the local school is best placed to know the needs of its children, but research has shown that schools are clearly not well placed to do this with sickle cell disorder and need considerable help and guidance to respond adequately. All children with medical conditions are supposed to have an individual healthcare plan, but research shows that only 43% of schools with children with sickle cell disorder even claimed to have such a plan. Checking that all schools have such plans in place for children with sickle cell disorder is essential. If such a policy is implemented it will reduce admissions of sufferers to hospital, which is an added, unnecessary strain on the NHS. Unfortunately, children suffering from sickle cell disorder do not have any provision under special educational needs; therefore I believe that a statement of special educational needs is necessary to help protect these children’s well-being at school and I look forward to hearing the Minister’s views. I hope that these children will be brought into the fold and given greater consideration.

Children and Families Bill

Baroness Grey-Thompson Excerpts

Tuesday 2nd July 2013 Lords Chamber

[Baroness Grey-Thompson]

My Lords, I welcome the Children and Families Bill and the potential that it presents to provide a real choice of educational opportunities for disabled children, young people and their parents. The Government stated in their Green Paper, Support and Aspiration: A New Approach to Special Educational Needs and Disability, that they wanted a greater choice of education provision than what is currently available. However, the reality is that choice of education provision remains something of a myth. In 2013, disabled students are still the only group that can be prevented from choosing to be educated in mainstream education. Disabled children and young people can be placed on the roll of a special school against their wishes and against the wishes of their parents, even when those parents have clearly expressed a preference for mainstream education.

The lack of choice for disabled children with SEN and their families is as real now as it was eight years ago when the Disability Rights Commission investigation took place in 2005. The charity, Working Families, which represents the parents of disabled children who were involved in the investigation, said:

“Parents of disabled children may be faced with a very limited choice of schooling locally. They may encounter difficulties in ensuring their disabled child is educated alongside their siblings if there is no appropriate provision”.

When parents opt for a special school place for their disabled child, there is no evidence that this indicates a preference for special schooling. In 2009, the Centre for Studies on Inclusive Education submitted written evidence in the form of a memorandum to the Joint Committee on Human Rights when it was looking at children’s rights. It stated that:

“The idea that parents do have a choice, under the present system, is in any case a myth. Children in segregated schools are often there because they have been rejected by their local mainstream school (if indeed they ever got as far as the door). Many parents who ‘choose’ a special school placement do so because they believe, or have been told by professionals, that mainstream provision is not possible for their child. In other words, that mainstream provision is currently structured in a way that it cannot respond to the diversity of learners. This means that many parents do not have the ‘choice’ of mainstream at all, rendering a special school placement an unwelcome inevitability. To say that they have chosen this is misleading and, potentially, insulting”.

Parents placing children in special schools do not see this as equality of choice; on the contrary, it is rather the outcome of discrimination that surely goes against both the spirit and the wording of the Equality Act public sector equality duty. This duty makes it very clear that statutory bodies, including the Government, local authorities, schools and colleges, are under a proactive duty to promote equality between disabled and non-disabled pupils in terms of both accessing and participating in mainstream education. An Alliance for Inclusive Education member who is a parent said:

“Unfortunately and against all my beliefs we have had to opt for a special school … If you segregate with disability then you are saying that these children should not have the same opportunity as so called normal children which in my view is discrimination”.

Local authorities are key in making choice in education, since they have the power to place children and young people with SEN on the roll of special schools. The reduction of funding available to local authorities and the increasing number of special schools being funded by the Department for Education through the academies and free schools programme will lead to greater numbers of disabled children and young people with SEN being placed in special schools. A disabled child on the roll of a mainstream school is likely to require the local authority to pay for additional SEN support directly from the local authority’s education budget. However, the cost to the local authority of a DfE-funded special academy school placement is nil, as spending comes directly from the department. The choice will therefore be driven by the need to balance the books, rather than by duties under the Equality Act. If the Government want real choice, there is a need to remove the local authority’s power to name a special school against the expressed wish of a family. This change needs to be reflected during the new education, health and care assessment and planning process, which will replace existing statementing.

The Children and Families Bill covers only the placing of children and young people with SEN in a mainstream school or college building. It does not cover what children and young people with SEN will learn while attending. Since the Academies Act, increasing numbers of children and young people have lost their entitlement to a national curriculum as academies are no longer required to offer it. The result is that children are denied access to a broad and balanced curriculum and are increasingly being placed on special courses. Effectively, instead of increasing choice, there is already a restriction of choice cascading down from post-16.

The Learning and Skills Council report in 2008 found that disabled people with learning disabilities were four times more likely to be enrolled on a segregated course rather than a mainstream accredited course, whether at college or sixth form. Since the report was published, little has changed. The Down’s Syndrome Association has expressed concerns that children with Down’s syndrome have been placed into discrete courses for students with learning disabilities and difficulties, without the opportunity even to consider mainstream accredited courses. If the Government want to promote greater educational choice, they must include a choice of courses.

As a vehicle for providing more choice, the personal budgets that will be made available for young people with SEN and their parents is welcomed. For the first time, children and young people with SEN will be able to use a direct payment instead of depending on the SEN provision to be arranged by the school, college or local authority. This will have an impact particularly on further education, as it should mean that young people will be able to purchase the support that they need while attending a course of their choice. However, for students in schools or post-16 there is still a snag, because they will need consent from the institution before they can make use of the personal budget, as required under the Special Educational Needs (Direct Payments) (Pilot Scheme) Order 2011. The unfortunate reality is that in today’s financial climate it is very unlikely that colleges and schools will provide consent for a personal budget request made by young people or their parents, as this will mean a reduction in their own budget. If the Government want to promote choice, then the parents and young person requesting a personal budget should be given one, as is the case currently with social care personal budgets. Only when young people have a personal budget will their choice increase—a real choice over which mainstream courses they want to attend.

For the Government to promote a genuine choice of educational opportunities, they need to remove and not increase the barriers that prevent children and young people from participating in mainstream education. If the Minister believes in choice of education provision, he should first consider the local authority’s power to frustrate children, young people and parents from exercising their choice of mainstream education provision. Secondly, the Minister should reconsider the options for schools and colleges to refuse families and young people with SEN the option of seeking a personal budget in lieu of support provided by the institution.

The reason why I am so passionate about this is because more than 30 years ago my parents fought for the same things that many parents fight for today. It is really challenging for young people who are trying to balance so many different options and for parents trying to make the right choices. It is vital that we allow parents to have real choice.

Schools: Sport

Baroness Grey-Thompson Excerpts

Monday 20th May 2013 Lords Chamber

[Lord Nash]

I would be delighted to come to Tower Hamlets to do that. The noble Baroness may be pleased to know that, in addition to the four free schools we already have opening in Tower Hamlets, several more will probably be approved shortly. She makes a very good point about independent schools. The Headmasters’ and Headmistresses’ Conference is working on a scheme for co-operation between private schools and primary schools and King Edward’s School in Birmingham is developing a scheme and looking for other schools to do the same.

[Baroness Grey-Thompson]

My Lords, sports and activities are incredibly important for disabled children and some very pleasing figures have been released in Wales today in the aftermath of the Games which show that participation among disabled people has risen. Has the Minister given any possible consideration to whether sports provision could be cemented within the educational plans as proposed in the new Bill? It is much more cost effective than therapy and it would be a perfect opportunity to help change the fitness and health of disabled people.

[Lord Nash]

One of the best ways to celebrate and encourage disabled pupils is to celebrate the success of our Paralympians, including that of the noble Baroness, who won 11 gold medals, four silver and one bronze. It is central to our curriculum that all children enjoy sport at school. We have provided £300,000 to Sport England for disability sport to encourage wider participation in sport among children and of course the School Games are open to all participants. We have also been involved in a number of other measures.

Education Bill

Baroness Grey-Thompson Excerpts

Tuesday 14th June 2011 Lords Chamber

[Baroness Grey-Thompson]

My Lords, I am particularly interested in children with special educational needs so will concentrate my comments on those areas where they may be affected by this Bill. In Clause 15, on school workforce training, the current proposal of allowing teaching schools to oversee teacher training could result in a lack of consistency in how SEN is delivered. If teacher training schools will be required to be graded as “outstanding” by Ofsted, we must ensure that this requirement includes the teaching of children with SEN so that best practice continues.

I would also like to see it as a requirement for all trainee teachers to learn how to work inclusively with all children, in mainstream school settings, so as to ensure a sound understanding of disability equality principles. I also believe that this should be across all areas. I am sure that noble Lords will expect me to be an advocate for the teaching of PE. However, many teachers are inadequately trained in how to work with SEN children in that area, either through their initial teacher training or in their continual professional development. This is particularly the case at primary level.

When we talk about exclusions we think in terms of permanent exclusion, but more needs to be done to ensure that SEN children are not excluded from strands of their education due to lack of training or health and safety fears. If more young disabled people are exposed to good physical education in schools in an inclusive environment then they are fitter, healthier, and more able to contribute to society in myriad different ways, including in the workforce—perhaps even going back into teaching themselves.

I believe that it is positive to encourage international comparison for our education system, bearing in mind what the noble Lord, Lord Low, said about statistics. However, we must recognise that the treatment of children with SEN varies considerably around the world and strive to deliver the best for our children. SEN provision should be included in any comparison.

I strongly welcome independent careers guidance and advice in Clauses 26 and 27. Advisers need to be well informed about what mainstream education opportunities are available for young disabled people, as well as understanding the full range of opportunities in the workforce, apprenticeships and higher education. I would welcome more information on how this will be achieved.

The Equality and Human Rights Commission’s Staying On report has highlighted how careers advisers tailor their advice to what people with a particular impairment should do, rather than basing it on an individual's aspirations. It notes that disabled young people are not receiving information about opportunities in work-based learning and apprenticeships, and that the information received on further education options is often negative. The EHRC report attributed this lack of information and inadequate guidance to professionals not believing that young disabled people could cope with certain choices as a result of viewing disability through a medical model. This resulted in a “damage limitation exercise”. It is an important time to challenge the stereotyped and limited learning opportunities that are on offer to disabled young people.

If discrimination starts at an early age, it is with that person for life and they grow up believing that this is the norm. I clearly remember my early careers advice. I was told not to bother with university as I would never get a proper job—that is a probably a matter of further debate among my family right now.

The noble Baroness, Lady Walmsley, has already covered the issue of fines relating to outcomes of independent review panels, and the noble Lords, Lord Low and Lord Lingfield, covered some of the points that I should like to have made on exclusions. What I am concerned about is that the Bill makes it no easier for schools to avoid working with SEN children and our reverting to special schools by a different route. Exclusions should surely be the last resort. While they may be appropriate as an end point for a tiny percentage, more must be done to avoid them.

I am particularly pleased to see that parents have a right to request an SEN expert to attend exclusion panels. To make this work, parents need to understand the system, which is incredibly complicated. It is therefore essential that the experts are independent and have experience of working with children with SEN in mainstream settings. I should like to explore whether all parents could have the right to ask for an SEN expert, regardless of whether their child has been previously identified with SEN, to help guide them through to the best outcome for their child.

On school inspection standards in Clause 40, I welcome the intention for school inspections to focus on what is genuinely important in schools, but I would like them to be inspected on how well they comply with the disability equality duty provision as set out in the Equality Act 2010. This sets not only a tone for staff but a level of expectation and understanding for all children.

I have no great difficulty with children being searched in certain circumstances, but it has to be a safe environment for all. I would have concerns if a child with SEN had their communication devices removed and was searched without appropriate support being in place. I look forward to the next stages of the Bill.

Youth Sport Trust

Baroness Grey-Thompson Excerpts

Wednesday 8th December 2010 Lords Chamber

[Lord Hill of Oareford]

My Lords, as the debates in another place revealed a couple of weeks ago, there is broad agreement across the House on the importance of sport and on the fact that we want to have a very strong legacy from the Olympic and Paralympic Games.

In terms of the performance of the school sport partnerships, again there was broad acceptance that the record is mixed. I certainly do not subscribe to the view that there was not good work done—there clearly was good work done—but equally there is acceptance that it was not universally good across the piece, and there are many people in sport who would also make that argument. In terms of going forward, what I hope we are united on is the need to find an effective way—we may differ on the means—of making sure that there is a strong and lasting Olympic and Paralympic legacy.

[Baroness Grey-Thompson]

My Lords, can the Minister explain what options were considered for consulting more locally—perhaps with head teachers, schools, or even some of the children who were so vocal outside yesterday—before this decision was made? It is not just about an elite sports pathway; it is about the serious impact that a fall in participation could have on all our children’s future health and well-being.

[Lord Hill of Oareford]

My Lords, I always listen with particular care to the points made by the noble Baroness. In a debate a few weeks ago, she made a very powerful intervention. I take her points very much to heart. My honourable friend Mr Loughton, the Minister for Children, is working with colleagues at DCMS to make sure that head teachers have the opportunity to express their views. As someone who could never have been described as an elite sports person—unlike the noble Baroness—I also agree very much with the point that we want to encourage participation for people at all levels, as well as making sure that there is a proper legacy.

Education: Special Educational Needs

Baroness Grey-Thompson Excerpts

Thursday 21st October 2010 Lords Chamber

[Baroness Grey-Thompson]

My Lords, I thank the noble Baroness, Lady Warnock, for this debate. I also express my personal gratitude to her as, without the Warnock report, my life as a disabled person would have been very different.

My experience of education was in a mainstream, inclusive environment, before anyone knew those words. I went to a local primary school and was paralysed at the age of seven. My head teacher was, luckily, too busy to let the local education authority know of my change in circumstances, as this would have resulted in my being immediately removed from the school. The head teacher of my local high school, on finding out that I was a wheelchair user, wrote to my parents and informed them that I was not welcome—they did not take pupils like me. I still have the letter.

There were options: going to a special school; being assessed for a year and hoping that I would get through; or, as my parents did, fight. It was 1980; my parents found the Warnock report and had a discussion with the local education authority. My parents were persistent. Parents of children with special needs should not face the same battles today that my parents did.

The school I eventually attended was 10 miles away from my home and was the only mainstream school in South Glamorgan at that time allowed to accept wheelchair users—and there were 30 of us. The number was capped. There were few ramps and the local education authority employed six women to carry the wheelchair users up and down the stairs at break-time—a lift was considered too expensive. It was great for my education but not holistic in terms of socialising with students my age because of access issues. I was repeatedly tested by psychologists, who asked me mostly if I knew what day of the week it was. Later on, specialist careers advisers told me that I was wasting my time going to university because the best job I could ever get would be answering phones. What shocked us at the time was the lack of expectation from some people in authority of what disabled people could achieve—and labelling was not the answer.

How much has changed? In the 30 years since, there have been many positive changes, but if you have a child with special educational needs it can feel like a constant battle. Rightly or wrongly, a statement is the only way that parents can feel that their child’s rights are protected and cannot be ignored. What parent would not want to be in a position to do this?

What I do see, however, is that there is a challenging system that is hard to regulate and change effectively. There is a lot of complexity, and this is highlighted by such things as a link between disadvantage and special educational need. At secondary-school level, pupils with special educational needs are more than twice as likely to be eligible for free school meals. The figure is 25.9 per cent for those with SEN but without statements, and 24.9 per cent for those with statements. This compares with just 11 per cent of those who have no special educational need.

It is not enough for a child with special educational needs just to be part of an education system; they must leave school with an education of body and mind, and with an experience that is as close as possible to someone who is not labelled SEN. Children with SEN are not one homogenous group; there have to be many solutions to this issue, and individual needs should be put at the centre and protected. Statementing should not be a tick-box exercise to show parents what they can get and what the minimum provision is. Where we are now is an evolution of relationships between government, education providers and the voluntary sector, but we cannot lower our expectations. Children with special educational needs must be encouraged and motivated, as must their parents and teachers, and provision needs continually to be improved.

I welcome the Ofsted report because it shows us where we are but, more importantly, what we still need to do. We still need to look at the more deeply held views of what our society thinks about disability, impairment or special needs. We should also listen to children’s aspirations when we have the opportunity to positively influence. If children with special needs feel that they are excluded, how can they learn to contribute? When I told my parents that I was going to be an athlete at the age of 13, there were no professional disabled athletes in the UK. No one knew the Paralympics, but my parents did not hold me back.

There also needs to be strategic and integrated provision which does not end at GCSEs or at 19. It needs to line up with realistic educational and work opportunities, employers who are open, a society that is accessible in all forms, and a transport system that enables people to travel. We have continually to challenge assumptions of what people can and cannot do, and this starts with an education for those with and without special educational needs. I have been very interested to hear proposals for personal budgets for children with SEN and what that might mean. Training and education is, again, key. I look forward to seeing more details on the positive impact that this could have.

If I have one disappointment in all the years since the Warnock report, it is that we have not moved further in including the provision of physical activity in this process. I would like to see this change. This is not a fluffy add-on; it is about the right of children to be included in play, physical activity or indeed a sporting environment where they are not excluded for reasons of health and safety, or because it is too hard. The benefits are extensive—and for the whole of their lives. This can easily be changed by looking at teacher-training practices across the board.

The question is: what do we want from children with special educational needs? If we want them to work, to contribute, to be healthy and to be the best they can, we have to get their education right.

Academies Bill [HL]

Baroness Grey-Thompson Excerpts

Tuesday 13th July 2010 Lords Chamber

[Baroness Campbell of Surbiton]

My Lords, I also support the amendment of the noble Baroness, Lady Wilkins. I am sorry I was unable to speak at Report. Unfortunately my health stopped me participating. However, this is an extremely important amendment. I met with two young disabled people with support needs last week who both told me that if the funding gets changed in the way they think is going to happen, then the academies cannot deal with their extremely heavy and expensive accessories so they will be compromised. We really have to think again on this one. I, too, am looking forward to hearing what the Minister has to say because thus far we do not feel secure in this Bill’s current form.

[Baroness Grey-Thompson]

My Lords, I also support the amendment of the noble Baroness, Lady Wilkins. As a child whose parents used the Warnock report to enable me to go into mainstream education, and had several discussions with the local education authority over a number of months to enable me to do that and not be shipped off to a special school, I have direct experience of budgets not being allocated. I went to school at a time when there was no statementing for disabled children. I had an education and went to school, but there was no access and there were no lifts. The local education authority employed six people to carry the wheelchair users up and down the stairs. So I had an education and went to a school but I was away from home and I felt quite isolated in the environment that I was in. My concern, if this is not properly addressed, is that children will, like me, receive an education but they will be isolated, away from their peer group, and they will not receive the rounded education that they all deserve.

[Lord Hunt of Kings Heath]

My Lords, there seem to be two issues here: one is the question of how to deal effectively with low-incidence SEN and the necessary funding arrangements; and the second is the issue of whether the other place is going to have any time at all to deal with this matter, as some noble Lords hope it will.

On the question of the principle, throughout this Bill the Minister has described the tension between the risks on the one hand and the advantages on the other of each academy having much more discretion over its own budget. We well understand that. As they start off, the governing bodies are bound to be conservative in their budget-making, because that is what new bodies and entities do. The risk is that they will not make an upfront investment in these services. The risk is that by the time they find they need to invest, these services will have gone out of business. That is the essential concern—it is not the principle. I have no problem with what the noble Lord has written in his letter about where governing bodies may look for future services. One can see a potential train crash in this area and so far we have not had the necessary reassurance to know that a mechanism is in place to ensure that it will not happen. I again ask the Minister why the role of the local authority is being overlooked in this area. I do not see why we should shy away from giving local authorities responsibility.

Yesterday we had a four-hour debate on working practices in your Lordships' House. A week ago we had a seven-hour debate on reform of your Lordships' House. The consensus view of the dozens of noble Lords who spoke in those debates was that this House is the effective revising Chamber and this House is the place that effectively scrutinises legislation. Yet we are told that noble Lords who share that concern are prepared to leave it to the other place to deal with this matter. My understanding is that this Bill will be finished in the other place in two weeks’ time because a rushed programme will enable it to get through. There is virtually no possibility that the other place will be able to consider this matter in detail. That is why the matter should be decided in your Lordships' House.