Education Bill

Baroness Howe of Idlicote Excerpts

Monday 11th July 2011 Grand Committee

[Lord Griffiths of Burry Port]

I wish to refer to a body of people who have not been mentioned in the debate thus far but are mentioned in the amendment. Since the thrust of the Bill as a whole seems to be pushing towards more free-standing governance of schools, we should consider what ought to be the remit of schools’ governing bodies in respect of this matter. We can all agree that we must pay tribute to teachers’ excellence and recognise the natural affinities that lead to physical contact at different times, which have been mentioned. However, if the governing body is to pick up tangible responsibility for interpreting and applying conduct in this area, not only must teachers be supported by senior members of staff and head teachers but the relationship with the governing body has to be addressed.

This can be a touchy business—sorry, that was not meant to be a pun—if there has been a recent incident in the locality and emotions can be highly charged. I have sat on governing bodies which have dealt not just with the case before us but with all the accumulated stuff that arises from a consideration, and often press reportage, of things that may have happened outside the remit of the school but in the locality. The systems devised in this Bill and in the previous Bill do not give enough attention to governing bodies. If we are to have more free-standing schools and academies, we must be sure that governance by the governing body is given adequate consideration.

I have been a governor for 30 years and am a chairman of trustees and know that even gathering the relevant skills round a table is difficult in the inner cities. Giving governors the remit and guidance on how to apply various aspects of their functions is difficult and will also be difficult in this area. To state on the face of the Bill that the governing body,

“may adapt and promulgate rules on physical contact”,

may be enough but governing bodies have to be equipped to apply that statement adequately and responsibly.

[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.

--- Later in debate ---

[The Earl of Listowel]

In moving my Amendment 79, I wish to speak also to my Amendments 80 and 81. They are fairly self-explanatory and concern staff development in nurseries, nursery staff qualifications and nursery manager qualifications. We have already debated this area but I wish to impress on the Minister and Members of the Committee how vital it is for vulnerable children to have as much stability as possible in their early lives.

We are extending this entitlement to families, particularly disadvantaged families, and encouraging them to place their children in group settings at the age of two. Therefore, we need to think how we can ensure that that environment is stable and that their carers are as reliable and regular as possible. According to the 2008 child workforce paper, staff turnover was 16 per cent in daycare settings and 5 per cent in settings within primary schools. We do not have details—at least, I am not aware of them—of how much variation there is from that 16 per cent level. Sixteen per cent seems high to me, but some places may have staff turnover levels of 20 per cent or more. It seems to me that if staff were offered more training and development, we could prevent such a high turnover. The difficulty we find ourselves in—certainly this has been the case in the past—is that high levels of vacancies in nurseries make it difficult for these businesses to make a go of it. The chief costs to these businesses arise from staff training and development and staff pay. If they want to save money to stay in business and keep the service going, they have to target staff training and development.

In addition, the current economic climate is very challenging for all enterprises. My concern is that the training and development of these staff might be undermined. I know that even in these difficult financial circumstances much effort has been put into ensuring that that does not happen. However, I would like the Minister to give an undertaking that he will monitor where these two year-olds are going—whether they are going to satisfactory, good or outstanding settings—and publish that information. Could we be given better data on staff sickness absence rates and turnover rates in these settings so that we can better understand what is going on and the consequences for children’s stability? Perhaps Members of the Committee who are interested in this area and the government adviser, Bernadette Cunningham, could meet with the relevant person in Ofsted to discuss these issues with them.

Finally, I would like some information, if possible, from the Minister on whether he expects many of the leaders and managers in these settings to opt out from this graduate requirement. Can we expect most of these settings to continue to be graduate-led settings? I look forward to his response. I beg to move.

[Baroness Howe of Idlicote]

My Lords, briefly, I support the broad thrust of my noble friend's amendments because this is quite clearly an important stage of children's development. We have just had the second Frank Field report The Foundation Years: Preventing Poor Children Becoming Poor Adults, where again he emphasises that:

“The strategy should include a commitment that all disadvantaged children should have access to affordable full-time, graduate-led childcare from age two”.

I relate that also to the encouragement that the Government are, in my view, rightly making to encourage single parents and parents who have not been in work before to get into work—an additional need.

I of course accept that the exact number of hours may not be a possibility, but this is nevertheless an important area. It takes me back so many years to the beginning of nursery education. I always think of the noble Baroness, Lady Thatcher, who was very unkindly known always as “Mrs Thatcher, milk snatcher” when she was in fact responsible, much more importantly, for the abolition of the Act that stopped local authorities opening nursery schools and classes. I remember being one of a group going to lobby her about that, all those years ago, but even in those pre-school playgroup days there was that argument about the extent to which people ought to train and be trained. I was not always entirely on the side of the belief that everyone should be trained. You were learning so much within the process, with the help of experts in this field, that many of that generation went on to be very involved in dealing in their children's education.

I make that as a background comment in view of the enthusiasms of all these people who have been commissioned. There is Frank Field, Graham Allen, who is doing yet another report, and I have forgotten the name of the woman—

[Baroness Walmsley]

Clare Tickell.

[Baroness Howe of Idlicote]

Yes. We will be seeing an update of this going on the whole time and, to my mind, it could not be a more important age group or area so I hope that the spirit of what my noble friend's amendment stresses will be very much borne in mind.

[Lord Hill of Oareford]

My Lords, like the noble Earl, we are committed to a diverse and high-quality early years sector. The department will be publishing its foundation years policy statement later this summer and, as we discussed earlier today, it is currently consulting on a revised EYFS framework following Dame Clare’s review, which will set out our proposals to build on existing requirements relating to qualifications and training for childcare providers. The early years foundation stage, we think, outlines staff qualification requirements that are proportionate and encourage suitably qualified staff into the early years sector. Nursery managers, for example, require at least a full and relevant level 3 qualification, equivalent to A-level, and at least two years’ experience of managing an early years setting or other suitable experience of working with children. We have seen steady progress in recent years in the skills of the early education and childcare workforce, with over 70 per cent now qualified to level 3.

In her report, however, Dame Clare Tickell noted the need to reduce the complexity and burdens of the existing framework, and to recognise the sector’s growing capacity to take on more responsibility for its own quality and standards. It is ultimately employers who have the strongest interest in ensuring the best possible skills and qualifications among their staff and in ensuring that the most effective arrangements are in place. I am sure that many noble Lords would agree that improving the quality of early education and childcare is not just about the level of staff qualifications because it is also supported by the wealth of dedicated, experienced staff in the sector with on-the-job experience, which in some roles can be as important as formal qualifications.