Education and Adoption Bill

Debate between Baroness Hughes of Stretford and Baroness Sharp of Guildford

Tuesday 10th November 2015 Grand Committee

[Baroness Sharp of Guildford]

I remind the noble Earl that schools receive extra resources for those young people—especially now, with the pupil premium. However, there is an overlap between the two groups and, although we have to be careful to ensure that the pupil premium resources are not spent exclusively on those with special educational needs, there is a reason to use some of those resources for some of the activities.

[Baroness Hughes of Stretford]

Before my noble friend Lord Watson speaks, perhaps I may ask a question. This is an important amendment and it made me realise that I did not know terribly much about what academies have to do in relation to children with special educational needs and disabilities. Can the Minister tell us—if not today then in writing after the Committee—what information schools have to provide, when they are to become academies, about the arrangements that they will make for children with special educational needs and disabilities? Secondly, what statistics does the department have on the numbers of children with SEND who are currently in academies, compared with those elsewhere in the education system?

Children and Families Bill

Debate between Baroness Hughes of Stretford and Baroness Sharp of Guildford

Tuesday 17th December 2013 Lords Chamber

[Baroness Sharp of Guildford (LD)]

My Lords, I have much sympathy with the amendment, particularly the point raised by the noble Baroness, Lady Howe, about those who do not have EHC plans. As she rightly said, we are talking about a large number of children—a much larger number of children than will have EHC plans—and it is important that there are facilities to meet their needs. The onus is now on schools to provide those facilities, but we know that traditionally, schools have relied considerably, first, on local authorities to help provide them and, secondly, on health authorities and, for that matter, social services to supplement them.

At the moment, there seems to be a void in the Bill on the question of how more specialist facilities are to be provided. The joint commissioning arrangements, as identified in the Bill, are fine, but at the moment they are targeted at those with EHC plans; there is no mention of those without them. I think that the idea is that what is available will be spelled out in the local offer—I look forward to what the Minister has to say when we discuss the local offer. At the moment, there are a lot of loose ends and, given the number of children and young people involved, I hope that the Minister will take the matter seriously.

[Baroness Hughes of Stretford]

My Lords, briefly, I support the amendments, especially Amendment 19. I do so because Clause 26, which deals with joint commissioning arrangements, is an extremely important part of Part 3 and the new apparatus that the Government are constructing. I support the amendments because they are aimed at strengthening the joint commissioning arrangements. They need strengthening because of the wording of the Bill. We discussed this in Committee. Clause 26 seems to provide that local authorities and health and education authorities must set up arrangements so that they can have a discussion about what needs to be provided in an area, but it does not say that they must secure the provision that they think is needed. That is an odd omission. Amendment 19, in particular, would create an obligation to secure the provision for children and young people who have not got the education, health and care plans agreed under Clause 26(3)(a). That is a very important amendment to make to the Bill.

As the clause stands, it says that the local authority and its partner bodies “must make arrangements”. The omission to do with “securing” is particularly important with regard to health. As we said in Committee, potentially they can use other legislation for absolving themselves from improving on the provision available, on the ground of cost. It would be very helpful if the Minister could put on record the Government’s intentions in Clause 26 in relation to securing the provision that is identified as being needed through the joint commissioning arrangements, particularly, but not exclusively, in relation to health.

Given that Amendment 19 seeks to strengthen Clause 26 in relation to that securing and, as the noble Baroness, Lady Sharp, has said, identifies the rather insecure position at the moment of children and young people without plans, I support it and hope that the Government are sympathetic.

Children and Families Bill

Debate between Baroness Hughes of Stretford and Baroness Sharp of Guildford

Wednesday 6th November 2013 Grand Committee

[Baroness Hughes of Stretford]

My Lords, I support Amendments 207, 208 and 209, to which I have added my name. I think we are all very clear that the code of practice is a very important document, as the noble Lord, Lord Low, has just said. It will determine the detail of implementation of the Government’s legislation in a very marked respect. Therefore, the mechanism by which the code is approved, and then subsequently revised, is also very important.

We have been round the houses somewhat with the mechanism of approval. There was a great deal of pressure from the Delegated Powers and Regulatory Reform Committee in response to the Government’s initial proposals that the code of practice, even in its first iteration, should be subject to the negative resolution procedure. As the noble Lord, Lord Low, has just said, the Government have conceded that the first iteration should be subject to the affirmative procedure. That is very welcome. However, as he also said, the most recent report from the DPRR Committee said that although that is welcome,

“there is nothing in the Government’s response to suggest that revisions to the code will necessarily be of any less significance or importance so as to warrant a lower level of scrutiny. Accordingly, we remain of the view that the case has not been made for applying the draft negative procedure, and for this reason we consider the draft affirmative procedure should also apply where the code is being revised”.

That is what Amendment 209 would achieve.

I will just briefly mention Amendments 207 and 208, because they also deal with some aspects of the Bill that are not being redrafted by government Amendments 210 and 211. Clause 68(2), in particular, says that, in putting forward the code or any revisions:

“The Secretary of State must consult such persons as the Secretary of State thinks fit”.

We think that it should not be the decision of the Secretary of State as to who he or she consults about the code but that there should be a public consultation lasting 90 days, which is what Amendment 207 in particular would also achieve.

[Baroness Sharp of Guildford]

My Lords, my name is attached to Amendments 206, 207 and 208 and I will just say a few words about both sets of amendments. In relation to Amendment 206, the current draft code of practice is actually written in fairly good, plain English, as far as I am concerned, and is relatively understandable. I commend those who put it together because it is a very good document and meets many of the comments that I know were made at an earlier stage. It is still subject to consultation and obviously there is still room for improvement.

In relation to Amendments 207 and 208, I will just endorse the words of the noble Baroness, Lady Hughes. Rather than there just being consultation with those whom the Secretary of State thinks appropriate, the code should be publicly available for consultation. That is something on which we would all put a lot of emphasis.

Education Bill

Debate between Baroness Hughes of Stretford and Baroness Sharp of Guildford

Monday 12th September 2011 Grand Committee

[Baroness Hughes of Stretford]

My Lords, under Clause 43, the Secretary of State will be given new powers to intervene directly and to move quickly—much more swiftly than hitherto—to close schools. In response to that proposed new power, I shall move Amendment 122ZC.

Currently, the Secretary of State can direct the closure of a school only if it has already been categorised by Ofsted in its independent inspection as requiring special measures. Clause 43 will allow the Secretary of State to step in and close schools on the basis not of an independent, standardised assessment but of any judgment that he comes to that that route of closure is required. Under subsection (3), he will be able also to direct a local authority to issue a performance standards and safety warning notice where it has decided against it. Then, when a warning notice has been given for whatever reason, and the school has not complied, the school will automatically become eligible for intervention and it will be open for the Secretary of State to close it.

Closures of schools could therefore be triggered in this way by the Secretary of State, and not on the basis of an independent assessment by Ofsted. That is a serious extension of power. Closing a school is a nuclear option and has serious implications for parents and an area. The provision would also mean a transferring of schools into academy status by diktat of the Secretary of State without the normal processes having been gone through. I shall explain shortly what I mean by that.

Will the Minister set out his thinking on how closures allowed under the clause would take place and how they would contribute to increasing standards and meeting parents’ and pupils’ needs? Under what circumstances would the Secretary of State step in to close a school that was not in special measures rather than, as is the case at the moment, help drive improvements in the school as a first option? How would such closures that the Secretary of State could simply enforce enable a local authority, for instance, to plan strategically to meet pupil place needs?

As noble Lords may gather from our amendment, which is different from those that will be moved by Liberal Democrats, we do not have a particular problem with the power contained in the clause giving the Secretary of State the power to direct a local authority as there may be circumstances in which local authorities are or have been slow to act in relation to schools where improvements are required. However, we do have a problem with the uncircumscribed and unfettered power of the Secretary of State himself to close a school, and there are two reasons for that. First, there is an issue of principle relating to such a serious option in an area; that if a school is not in special measures, it is right that parents, teachers and locally interested parties are able to play a part in determining what happens to it. There ought also to be an independent assessment by Ofsted on the need for that option. Secondly, I question whether the clause is something of a Trojan horse to accelerate the establishment of academies. The clause, coupled with Clause 36 on the establishment of new schools and the presumption in the Bill that any new school will be an academy, will mean that where, outside an Ofsted inspection and the conclusion of special measures, the Secretary of State decides to close a school—he can do so for a whole variety of reasons—the new school that takes its place will, by default, be an academy. It will not have to go through the normal processes that schools are now required to go through to become academies. It is conceivable that even some relatively well-performing schools could be required to close by the Secretary of State.

I would therefore be grateful if, in addition to dealing with the points I raised earlier, the Minister could reassure us on this point. Will he set out the vision for the future education system and say whether the Government see a place for maintained schools in that? Is it the case that this provision and Clause 36, and the presumption that all new schools will be academies, are designed to ensure that the Secretary of State can accelerate the establishment of academies, irrespective of the views of parents and teachers, by closing schools directly himself and then reopening them as academies?

[Baroness Sharp of Guildford]

My Lords, I, too, want to speak to Amendments 122A and 122B. Clause 43 gives the Secretary of State powers to intervene and close schools that are in special measures. That widens the powers of intervention to schools causing concern. Subsection (3) strengthens the Secretary of State’s powers so that where a local authority, having been directed to consider set performance standards and to issue a safety warning notice, has decided not to do so, the Secretary of State may direct the local authority to give such a warning notice. If such a warning notice is issued to a school and it fails to comply, it immediately makes itself eligible for intervention. As the noble Baroness explained, that may well mean that it is closed and an academy is opened in its place. Under the Education and Inspections Act 2006, the warning notice gives the school the right to ask the chief inspector whether the warning notice is justified and the chief inspector may confirm it or otherwise.

Our problem with the subsection is the degree to which it removes all discretion from local authorities. The problem is that a local authority is asked to consider whether to give a warning notice and to set performance standards. If, having looked at the school, it decides that other measures might be more appropriate and it therefore does not issue a warning notice or the appropriate performance standard, the Secretary of State may now just peremptorily intervene. At a time when the Government are anxious to try to devolve responsibilities—the Localism Bill is going through the main Chamber today—it is against the whole spirit of localism that the Secretary of State should be given these somewhat draconian powers.

Amendment 122B is to some extent a probing amendment. It suggests that we want to know, if academies fail in the same way as some schools fail, whether they have to obey the same rules as maintained schools have to. Is it appropriate that there should be intervention in exactly the same way and that they might be closed down? If they are closed down, the obvious solution would be for the local authority to have the power to step in and open a maintained school in its place—a sort of quid pro quo for the shutting down of a maintained school and the opening of an academy. Here we would have the equal and opposite effect. We would like to know a little more about what happens if an academy fails.

Education Bill

Debate between Baroness Hughes of Stretford and Baroness Sharp of Guildford

Wednesday 13th July 2011 Grand Committee

[Baroness Hughes of Stretford]

Amendment 85A and Amendment 86B, in my name and that of my noble friend, relate to Clause 24. Among other things, the clause transfers some of the functions of the Qualifications and Curriculum Development Agency to the Secretary of State—principally, those functions to do with the approval of attainment targets and the development of the national curriculum and supporting materials. Having already debated the demise of a number of non-departmental public bodies and outside agencies in the course of the Bill, noble Lords may think that, among the many important issues concerning us, it is not a priority to take up this issue with the Government. This is not simply about saving another quango. It is important to understand what the process will be for changing the national curriculum if the QCDA or some other similar, independent body does not exist—as will be the case if Clause 24 is approved unamended.

The argument deployed in the other place in support of the abolition of the QCDA was that, to quote Nick Gibb,

“responsibility for the curriculum has always rested with the Secretary of State, both under the previous Administration and this, and nothing is changing as far as that is concerned. The QCDA simply acted on behalf of Government in advising and helping to design the curriculum and, as such, no functions are transferring from the QCDA to the Department”.—[Official Report, Commons, Public Bill Committee, 24/3/11; col. 642.]

This is a partial and one-sided claim. Most importantly, it fails to acknowledge the very important element of independence and transparency, if not to the final decision which the Secretary of State of the day will take but to the process of review, and of recommendation and advice to the Secretary of State that ought in my view to precede any changes to the curriculum. There has in fact been an unbroken history of statutory advisory bodies on such matters since the Board of Education Act 1899. The first specific statutory NDPB to advise on the curriculum and assessment was established under the Education Reform Act 1988. Since then, this role has been continued by one such body or another—and for good reasons.

In 1988, in the debate on the establishment of that first statutory non-departmental body, one of the most respected educationists of the 20th century, Lord Alexander of Potterhill, drew an analogy with the role of the national curriculum in Germany in 1935 in establishing Nazism. This may be an overly dramatic analogy for the House of Lords in 2011, but the independence of advice on curriculum and assessment has always been an important point of principle for this House in its debates. Current Ministers are prepared to change or influence the curriculum without the transparency of that independent advice or evidence. For example, noble Lords may be aware of the systematic change that has occurred in the guidance to primary schools, in which every reference in the text to “phonics”, introduced by the previous Government, has, without discussion, been changed to “synthetic phonics”. Also, the Government’s unilateral introduction of the prescriptive EBacc shows unusual levels of willingness to interfere.

This clause opens the door to any future Secretary of State directly to change the national curriculum in a way that is either politically motivated or, more likely, implements the pet theories or hobby horses of Ministers. Again, there is concern that we are already beginning to witness that, with views being expressed that, for example, history should be about the rote learning of Kings and Queens and their dates, and in the view of the current Minister for Schools that education should principally be about core knowledge—and core knowledge as he defines it. I am not saying that those are not valid views—they may indeed be valid—but they are contested by a wide range of views in the profession. That contest and debate about what is important ought to be transparent during any process of review.

Amendments 85A and 85B would try to ensure that the Secretary of State must demonstrate that the process of review of the national curriculum is independent of government. That would provide assurance to parents and pupils about the content of the curriculum. Amendment 86 tabled by the noble Baroness, Lady Walmsley, and the noble Earl, Lord Listowel, who cannot be here today, would require an advisory board to ensure some independence. In their amendment, they are trying to reach the same point.

The department issued a statement which, I suspect, was meant to allay our fears, but it compounds them. Although the Secretary of State of the day will make the final decisions about the national curriculum, what matters is the process of consultation and review—its comprehensiveness, impartiality, scope, transparency, the independence of the analysis of the responses, and the recommendations then made to the Secretary of State, who may or may not accept them. Unless the process of reviewing consultation is independently conducted so that people can be assured that it is comprehensive and takes into account all the views, and that someone independent of government is trying to make sense of it to formulate an analysis and recommendation, then following the demise of the QCA with no other body taking its place, all that I have mentioned would be under the control of the Secretary of State and civil servants. They would decide who to consult, which evidence was reported publicly and the conclusions to be drawn—and all potentially supporting the decisions that the Secretary of State originally wanted to make.

I contend that that cannot be right. Whether it is the QCDA or another body, surely an independent body must be in charge of the process of consultation. The results will then rightly be handed to the Secretary of State of the day, who will make the decision and be accountable for them. It is important that everyone—all of us and the parents and public— can see the basis on which those important decisions are made.

I will draw another analogy. It occurred to me whether we would ever think about doing this as regards health. I wonder whether, if there were a review of the best and most effective treatments for cancer, we would contemplate giving the whole process to the Secretary of State and to officials in the department, rather than to a representative body of professionals and others to form an independent evaluation of the efficacy of treatments and make recommendations to the Secretary of State. We so easily seem to slip into the assumption that with education we can do things that we would not dream of doing with other professional bodies. This point has been raised before. I ask the Minister to comment in his summing up on the points I have made, but also to explain how the Government can justify this degree of control over this process by an elected politician. I beg to move Amendment 85A.

[Baroness Sharp of Guildford]

I have been asked by my noble friend Lady Walmsley to speak in support of Amendment 86, which is in her name and that of the noble Earl, Lord Listowel. By laying this amendment, we wish to reiterate the importance of the Secretary of State having the benefit of independent advice on changes in the national curriculum. This picks up the points which have just been made by the noble Baroness, Lady Hughes.

My noble friend Lady Walmsley is very grateful indeed to the Bill team who have briefed her about the processes taking place, and above all about the transparency that currently exists between the Secretary of State and the QCDA, and the fact that these will remain under the new proposals. However, the note that the team provided says:

“Following the passage of the Education Bill, the Secretary of State will remain responsible for making proposals to change the national curriculum and will still be able to ask another body to advise him if he wishes to do so”.

It is the phrase “if he wishes to do so” that bothers us from the Liberal Democrat stance. We would like to ensure that the Secretary of State always takes advice from experts on these matters. As we heard last Monday, the curriculum is vital, and other countries are not as fixated as we are on what exactly is taught. The high level of prescription in this country goes somewhat counter to the claims that teachers are trusted as professionals. In other countries, the design of the curriculum is very different from the one that seems to be emerging in this country when we look at the remit for the expert panel which are to advise the Secretary of State.

In Singapore, for example, core values are emphasised. These are self-awareness, self-management, social awareness, relationship management, and responsible decision-taking. One cannot imagine all of this being delivered without the compulsory teaching of life skills, and indeed if we look in detail, this is exactly what we find: at the core are things like health education, PSHE, citizenship, global awareness and physical education. Surrounding these are knowledge skills—which include languages—maths and science, and, lastly, humanities and the arts.

In New Zealand, the key competencies are critical thinking and problem solving, using languages, symbols and texts, managing self and relating to others. In Australia, there are three core interrelated strands which include heath and physical education, personal and interpersonal development and citizenship interwoven with subject knowledge and cross-curricular skills. Indeed, thinking processes are included in nearly all these curriculums, and these are three very successful education systems which I think we can learn from.

However, none of these issues seems to emerge in the remit for the expert review panel; it mainly talks about knowledge and facts. We would like to know how the panel’s remit has been arrived at. The note from the Bill team says that the remit is always very important, and we can well believe that. But looking at it, we rather doubt whether what comes out will be anything like the curriculum of those very successful countries. This is one reason why this particular amendment has been put forward.