Education Bill

Debate between Baroness Hughes of Stretford and Lord Peston

Monday 4th July 2011 Grand Committee

[Baroness Hughes of Stretford]

My noble friend makes an extremely important point, which I was also going to try to make but he has made it very well. This is one of the problems with the way that the Bill has been constructed, tearing down, as it does—in my view, somewhat recklessly—a whole range of requirements and apparatus. When you look, as we will shortly, at the proposal to repeal the responsibility of schools to be in a behaviour and attendance partnership, and set that alongside the measures before us, you see that the situation is compounded. At least if schools were in such a partnership, they would have a responsibility to work with schools in their federation or partnership to find solutions for those difficult children whom some schools propose to exclude. Taking both away makes things very difficult. One cannot see what will happen to children when they are excluded through this process.

If the Minister is not minded to reconsider, will he explain to the Committee what safeguards the Government would put in place to assure the groups whom we have been discussing who are already adversely affected by permanent exclusion and would be more so through these measures? What safeguards do they propose to put in place, not just to contain but to reverse that trend?

Many organisations in addition to those mentioned by the noble Baroness, Lady Walmsley, have expressed their concern about these proposals. The Children’s Society, the National Children’s Bureau and the Children’s Commissioner have asked the Government to think again. Some trade unions have raised a slightly different but equally important point, arguing that rather than reducing bureaucracy there is a danger that, unless either the amendment that I am speaking to or that proposed by the noble Baroness, Lady Walmsley, is enacted, removing the panels and taking away the power to reinstate may lead parents to think about taking legal action against schools. That would involve a great deal more work and unnecessary bureaucracy for schools.

The amendments proposed by the noble Baroness, Lady Walmsley, would mean that all parents of permanently excluded children would be able instead to appeal to the first-level tribunal. That has much to commend it. Those tribunals, unlike the review panels, would be led by somebody who was legally trained, which is a big advantage. One could ask, as did the noble Baroness, what the consequences would be in terms of time, delay and expense of all the cases going to such a tribunal. Might there not be an argument for a remedy at a more local level for at least some of those cases? I am open to debate on that point; the main thing, as we have both said, is that there should be somewhere in the system a right of appeal to a body that has the power to reinstate.

Sir Alan Steer recommended in his independent review, Learning Behaviour:

“Independent exclusion appeals panels should be retained, both in the interests of natural justice and to prevent schools becoming embroiled in time-consuming or costly alternative legal processes”.

I have mentioned the Runnymede Trust, which has provided a number of case studies, one of which is particularly salutary. It is the case of the Formula 1 champion, Lewis Hamilton, who when he was 16 was excluded from school in a case of mistaken identity after he witnessed an attack. In his autobiography, he writes:

“I knew I was innocent but”,

the head teacher,

“did not appear to be interested. Subsequent letters to the local education authority, our local MP, the education secretary and even the prime minister, were of no help. No one appeared to listen—no one either wanted to or had the time. We were on our own, and I was out of school”.

However, Hamilton’s school career was saved due a successful case made by his father to an independent appeal panel, which reinstated him at the school.

While there is a chance of even a small number of cases such as that occurring, and given the arguments that we have all made about natural justice and fair process, it would be wrong to remove the power to reinstate. The noble Baroness, Lady Warnock, asked at our previous sitting what would then happen if that decision was taken. Yes, we can have a conversation about where that child goes. However, to have won your appeal puts you in a very different position from being excluded and there being no power to reinstate.

[Lord Peston]

I express my sympathy with the noble Baroness, Lady Walmsley, and her amendments. I do not have her expertise on this matter, but there are some general principles which, it seems to me, we cannot avoid looking at. First and foremost of those principles is the fact that the young people whom we are talking about come overwhelmingly from the lowest socio-economic group in our society. This is not a random group of misbehaving young people; it is a highly limited group. Indeed, the latest research, which I have looked at, says that what the experts call young people with socio-emotional problems occurs to an enormous degree among the poorest in our society and to virtually no degree at all among the richest. We cannot avoid that fact, if we take deprivation as one of the main criteria in judging how we run our education system.

The thing that horrified me was the discovery that we can see these socio-emotional problems arising at a very young age. The evidence overwhelmingly is that it can be seen at the age of three, or even less. I do not remotely believe that this Government would go down this path, but my immediate thought was that it could end up like George Orwell’s Nineteen Eighty-Four. I can easily imagine someone or other coming up and saying that what we ought to do is to filter these people before they go to school and not let them go there. That is the kind of background that we have to bear in mind as we look at this.

The second point that I make, which the noble Baroness herself made, as did my noble friend, is that the fact that these people are young children does not mean that they have no human rights. None of us would tolerate being treated in this way on anything else that we encountered as adults. Whatever was going on, and if we were doing something wrong, we would certainly expect to be dealt with with due process and the right of appeal against anything that was relevant.

I as a teacher have never had to deal with disruptive pupils. I dealt for years and years with students who had not the slightest interest in what I had to say, but my experience was that they just shut off. They did not bother me, and I was perfectly happy for them to shut off, because I could then talk to the people who I really felt wanted to learn my subject. But my heart goes out to teachers who have to deal with disruption in their classrooms. None of us doubts that, or I hope they do not. But that is quite different from saying that these people who disrupt are in full control, when very frequently they are not. Overwhelmingly, it does not mean that they have no rights.

My view therefore, as is typical when we meet as a Committee in your Lordships' House, and particularly in a Grand Committee, is that we should have our say and hope that the Minister listens sympathetically and sees whether anything can be done to meet our worries. The noble Baroness, Lady Walmsley, has put her finger on something that is not minor at all. It is a major question that confronts how we run our education system, and I should like her to know that I, along I am sure with many of my colleagues, am very much in sympathy with what she has to say.