Press Regulation

Debate between Baroness Jones of Whitchurch and Lord Hill of Oareford

Wednesday 2nd April 2014 Lords Chamber

[The Chancellor of the Duchy of Lancaster (Lord Hill of Oareford) (Con)]

My Lords, it is the turn of the Labour Party.

[Baroness Jones of Whitchurch]

My Lords, thank you. Has the Minister seen the Media Standards Trust report, published late last year, which assessed how the IPSO proposals measured up to the Leveson recommendations? It found that IPSO failed to meet 26 of the 38 recommendations. Has the Secretary of State pointed out to the IPSO representatives that their model is a very long way from complying with Leveson? At what stage is the Secretary of State going to intervene to put the Leveson proposals and the royal charter back centre stage going forward, which is where they ought to be?

Education: Vocational Education

Debate between Baroness Jones of Whitchurch and Lord Hill of Oareford

Monday 26th November 2012 Lords Chamber

[The Parliamentary Under-Secretary of State for Schools (Lord Hill of Oareford)]

My Lords, we commissioned the Wolf review and have reformed vocational qualifications in order to restore rigour to them. We have announced reforms to post-16 funding for vocational education and work experience. We have increased the number of apprenticeships by nearly two-thirds. We have significantly expanded the UTC and studio schools programme. We will continue to open new UTCs, technical academies and studio schools, and will work to raise the quality of vocational education and the esteem in which it is held.

[Baroness Jones of Whitchurch]

I thank the Minister for that reply. Does he agree that it is vital that vocational education has the same status and funding as the purely academic education provided for those working towards a university place? Does he further agree with the recent report of the CBI that the raising of the school leaving age to 18 provides an ideal opportunity for a rethink on the curriculum and examination systems, which could then include a gold standard vocational qualification for those less suited to academia? What lessons will the department take from other successful countries, such as Germany, which offer all young people a mix of academic and vocational education according to their individual talents and abilities?

[Lord Hill of Oareford]

I strongly agree with the noble Baroness about the importance of making sure that vocational and academic qualifications have equal esteem, are held in equal regard and have equal funding. That is one of the reasons why the reforms to post-16 funding, which we brought forward in the summer, will make sure that young people at colleges and schools after the age of 16 will be funded on the same basis for both vocational and academic qualifications. That will also leave more money for work experience, which is important too. We can always learn from other countries but the underlying point is that there is broad agreement that we need to treat vocational and academic qualifications with equal weight. The Government are trying to do that.

Schools: Arts

Debate between Baroness Jones of Whitchurch and Lord Hill of Oareford

Monday 19th November 2012 Lords Chamber

[Lord Hill of Oareford]

We have already announced and taken steps on some of the elements of Mr Henley’s excellent plan. The formal response is not as immediate as he, others and my noble friend would have liked, but we are expecting it early in the new year.

[Baroness Jones of Whitchurch]

My Lords, does the Minister not acknowledge that the maths on this simply do not add up? There are only so many teaching hours in a day and given that it has been estimated that the EBacc will take about 80% of the curriculum time, is it any wonder that the latest figures from the Joint Council for Qualifications are showing that entries for GCSE in design and technology, art and design, music and drama are already beginning to fall? The Government’s policies are already having an impact on the take-up of these important subjects.

[Lord Hill of Oareford]

I make the important point that EBacc subjects are not compulsory. It is for schools to decide what is the best thing to offer; if schools think that the EBacc is not right for all their pupils, they should act accordingly. However, as I said, if between 20% and 30% of time is available for other subjects, it is perfectly reasonable to expect that those important subjects we have discussed will continue to be offered. In terms of what has happened so far to the number of pupils taking GCSEs, obviously any results we have had so far in 2012 cannot have been affected by the EBacc since the time lag means that none of that would have worked through.

Education: Early Years

Debate between Baroness Jones of Whitchurch and Lord Hill of Oareford

Thursday 8th November 2012 Lords Chamber

[The Parliamentary Under-Secretary of State for Schools (Lord Hill of Oareford)]

My Lords, I will try to give noble Lords something to cheer about. As my noble friend Lady Walmsley said in her excellent opening speech, there is a lot which the coalition Government can be proud of and point to. I will try to make that argument as we go on. I thank my noble friend Lady Walmsley for the thoughtful way in which she framed the debate. She got us off to a great start. We expected her to show her knowledge of the subject, but also her commitment to the interest of children, for whom we all know she is such a champion. As the noble Baroness, Lady Jones of Whitchurch, said, there is compete agreement across the House about the core case that my noble friend made: that children’s physical, emotional, language and cognitive development to the age of five are the foundations for the rest of their lives.

While people’s destinies are not set in stone—and I believe that school has the ability to transform children’s lives—those early years clearly influence how children learn, their physical and mental health, their future friendships and relationships. As my noble friend Lady Jenkin of Kennington set out, this is not least in connection with criminality. I agreed with her points about the economic benefits of effective early intervention—a point also made by the noble Lord, Lord Parekh—and with the case made by my noble friend Lady Tyler of Enfield, about the obvious link to social mobility. We have heard a lot of evidence of the benefits of early years education. As my noble friend Lady Tyler explained, the effective provision of pre-school education study showed very clearly that the benefits persist through school to the end of key stage 2. It certainly found that high-quality early education has a strong impact on the development of disadvantaged children. The OECD found that almost all countries’ 15-year olds who had attended pre-school outperformed those who had not.

We also know that children growing up in workless households tend to do less well at school and are at much greater risk of not being in education, employment or training later on. That is why the Government are committed to doing more to make it worth while for parents to work. Therefore, good quality, affordable childcare also plays an important part in supporting parents to return to, or stay in, the workforce. I agree with the noble Baroness, Lady Jones of Whitchurch, about the broad consensus and I recognise the important steps that the last Government took on this. Significant change and progress have been made in this area, going back some 20 years. The quality of early education provision is improving. In 2010-11 the proportion of early-years-registered providers judged by Ofsted as good or outstanding, for example, increased to 74% from 68% the previous year.

The 2012 early years foundation stage profile results, a measure of children’s development at age five, show continued improvements, especially in early language development. A recent international study of early education systems by the Economist Intelligence Unit ranked the British system as the fourth strongest in the world and noted the progress made in creating universal access for all three and four year-olds. However, as all noble Lords have argued this afternoon, there is a lot more to do and the attainment gap between the lowest achieving 20% of children and their peers is still far too big.

That is why, as my noble friend Lady Walmsley, argued, the coalition Government have made such a priority of early years. We have taken several steps to increase both the availability of places and the quality offered. As we have already heard, the free entitlement for all three and four year-olds has been extended to 15 hours a week, and 96% of three and four year-olds are taking up a free place. From this September, parents have more flexibility over when they can take their entitlement. They might be able to take it earlier or later in the day or over shorter periods, to make it easier to balance their family and work commitments. We have discussed the new entitlement for two year-olds. We are working with local authorities to ensure that they provide clear and transparent information for parents and to encourage them to take up their child’s entitlement.

We have talked about the review carried out on the early years foundation stage by Dame Claire Tickell. As a result, we have published a simpler EYFS that came into force this September. That cuts bureaucracy, allows practitioners to spend more time with children and places a stronger emphasis on learning and development. As the noble Lord, Lord Ramsbotham, reminded us, we have also introduced a new requirement for providers to review children’s progress at age two to help to identify areas where they might need additional support.

One area which we recognise as a crucial foundation for children’s future progress in reading and writing is early language development. The new Early Years Foundation Stage promotes communication and language as a prime area of learning for all children from birth and the new early learning goals in literacy specifically include expectations for children to be using their phonic knowledge to begin to read and write. I take the points made by the noble Lord, Lord Ramsbotham, about co-ordination. It is up to the Department for Education and the Department of Health to work together. Ultimately, I guess that it is for Ministers to provide the leadership which he rightly says is needed to pull these things together and drive them forward.

On the quality of provision, which has been a recurring theme this afternoon, we are investing in and seeking to encourage the development of the early education and childcare workforce. We have supported graduate training at national level for the early years professional status and new leaders in early years programmes. We now have more than 10,500 EYPSs. I can tell the noble Lord, Lord Parekh, that anti-discriminatory practice is a key part of that EYPS training.

My noble friend Lord Shipley asked about the Government's commitment to the development of graduate-level practitioners; yes, we certainly have that commitment. I hope that we make that clear in our response to the Nutbrown review. We have increased the number of qualified children’s centre leaders through the national professional qualification in integrated centre leadership.

We aim to recruit an additional 4,200 health visitors by 2015. My noble friend Lady Walmsley asked how the Government are doing on that. We are on track to meet our commitment. In 2011-12, three times as many health visitors began training as in the previous year. This year, we will start to see real growth, as the cohort of newly qualified health visitors start to join the frontline.

As I said, we commissioned the Nutbrown review on the next steps, and I was asked specifically about that review by the noble Baronesses, Lady Jones of Whitchurch and Lady Warwick of Undercliffe. We intend to respond in full to its recommendations. My honourable friend the Minister for Education and Childcare will do so shortly and will set out how the Government plan to support the development of a better qualified and well led early years workforce. I will follow up the important points raised by my noble friend Lord True about Montessori education, but I can say that officials will be pleased to involve Montessori organisations in this and ensure that we have their input.

My honourable friends Liz Truss, in my department, and Steve Webb, at DWP, are leading the Childcare Commission, to which my noble friend Lady Walmsley referred. It was set up in June. It is considering the availability and costs of childcare.

I take the point made by my noble friend Lord True about over prescription. We want professionals to have the flexibility to exercise their skills and judgment. One of the issues that that commission is looking at is how to encourage new childminders to register. Increasing childminder numbers will give parents more choice between group-based and home-based care, with the additional flexibility that childminders offer. We are looking into what can be learnt from other countries. We have heard a lot of examples this afternoon about practice in other countries and the commission will be looking closely at the lessons we can learn from them. To refer to the question from the noble Baroness, Lady Jones, we do want a system that is high quality as well as affordable.

We are in the process of contracting for the new Early Intervention Foundation, recommended by Mr Graham Allen, who has been mentioned frequently this afternoon. The contract will be for two years. It will operate independently of Government to advise commissioners on what works and to spread good practice. That relates to the point made by my noble friend Lord Shipley about the importance of evidence-based intervention.

Work is also under way with health and early years experts and practitioners to look at how we could introduce a fully integrated health and early years review at the age of two. We hope to do that from 2015. That also speaks to the point made by the noble Lord, Lord Ramsbotham, about bringing health and education together into an integrated system.

As noble Lords know, we are also running a trial of parenting classes for parents whose children are nought to five years old. The trials are being carried out in Camden, Middlesbrough and High Peak. Information on take-up is being collected as part of the trials evaluation. A parental participation survey is being collected and an interim evaluation report will be published next spring.

The noble Lord, Lord Northbourne, raised the important subject of parenting, as I would have expected him to do. He raised some interesting suggestions and if I may I will follow those up with him later.

A number of noble Lords mentioned funding and particularly the noble Baronesses, Lady Jones of Whitchurch, and Lady Warwick of Undercliffe. Early intervention remains a key priority for the Government and I am glad to have the opportunity to reinforce and restate that commitment.

The changes that we are making to the way we fund local authorities for early intervention are designed to give them maximum flexibility in the way they use funding to provide local services. Local authorities have been asking for this.

We are also using the opportunity of these changes to move funding for the two year-old offer into the dedicated schools grant so that places for two, three and four year-olds are funded through the same grant. In a recent consultation, that was the preferred option.

The total amount that we plan to spend on early intervention over the next two years has not changed as a result of the above. We have not cut funding for early intervention to pay for the extension of the offer of free early education to the 40% most disadvantaged two year-olds. My department received additional funding for this from HM Treasury and this has been added to the existing funding.

The money currently in the early intervention grant will continue to go to local authorities for early intervention activity. In 2013-14, £530-odd million will be added to the dedicated schools grant to fund free early education and childcare for the most disadvantaged two year-olds; £1.7 billion will move to CLG and will be paid to local authorities through the business rates retention scheme; and £150 million, which my noble friend Lord Shipley referred to, will be set aside to support early intervention activities that evidence shows have most impact. If we put those together, it means that Government will be giving local authorities over £2.4 billion for early intervention in 2013-14, rising to over £2.5 billion in 2014-15.

On the points raised by noble Lords about children’s centres, I agree with my noble friend Lady Walmsley and a number of noble Lords on the Benches opposite who spoke about the importance of children’s centres. The Government want to see the retention of a national network of Sure Start children’s centres. They act as a valuable hub for families to access these important services, and I know that they are greatly valued by local communities. As my noble friend Lady Walmsley acknowledged, there has been a small net reduction in children’s centre numbers. The latest figures I have seen, which were provided by local authorities, suggest that there have been 25 outright closures to date, which is less than 1% of all centres. The rest of the reduction is accounted for by local authorities reorganising and merging some of their children’s centres to make efficiency savings, as noble Lords have said. Local authorities have the funding to ensure they can meet their statutory duty to provide sufficient children’s centres to meet local need. They must consult before making significant changes, but fundamentally, the Government’s view is that local authorities should have that funding and the flexibility to decide how to allocate it.

The noble Baroness, Lady Massey, brought a new perspective to the debate by broadening it out and reminding us that whatever problems we have in our country, there are other countries where the problems are even more significant. DfID is engaged in a range of research related to early childhood development. I have been told that DfID programmes are currently supporting 4.5 million girls at primary level and at least 700,000 girls at secondary level, or will be by 2016, so there is work in hand. I was grateful to the noble Baroness for reminding us of a different group of children.

The noble Baroness, Lady Warwick of Undercliffe, asked about early years teaching centres and whether we would share learning from that model. Our view is that they are doing good work. Her suggestion is a good one, and we will actively look to ensure that that learning is shared.

My noble friend Lady Benjamin raised the important matter of toilets for young children at school and in early years. The EYFS requires that all early years providers have to ensure that there are an adequate number of toilets and separate toilets for adults. It also requires that fresh drinking water is available at all times. So far as school level is concerned, new regulations are coming, as the noble Baroness knows very well as she and I have had the chance to discuss them. They set out that washing facilities have to be suitable for pupils. There are also regulations covering the general health, safety and welfare of pupils and a requirement that there should be separate toilets for boys and girls aged eight or over.

My noble friend Lord True asked about the staff/child ratios for independent and state providers. The staff/child ratios in the EYFS apply to all providers, and they vary to take account of the age of the children and the qualifications of staff. He will know better than me that there is a technical difference between independent schools and maintained schools in reception year. I believe that the ratios are broadly the same, but the different wording reflects the different legislation that applies to maintained schools and to independent schools.

I hope I have picked up on the main themes that have been raised. I shall go through, and if there are any specific points, I will follow them up with noble Lords.

[Baroness Jones of Whitchurch]

I asked a specific question about funding. I am sorry to go on about it, but it is important. I asked about the statement made by Michael Gove in the Commons in October that the early invention grant throughout the life of this Parliament is going to increase. The Minister quoted some figures, but he did not say whether the total is going up or down. I do not know whether he can answer that this afternoon, or whether he could write to me.

[Lord Hill of Oareford]

I hope I said that the total funding going into early intervention is going up because of the new money that is coming in to pay for the two-year offer. The combination of the two means that it is going up. In this good and simulating debate there has certainly been widespread acceptance about the importance of the early years. I hope that I have managed to show the priority that the coalition Government collectively attach to it and some of the practical steps that we have taken. Although we have made some good progress at what we know is a difficult time financially, there is clearly much more work to do. We will be setting out further areas for action, both in terms of the early years workforce and how to improve the quality of childcare before the end of the year in our response to Nutbrown and also in setting out the findings of our childcare commission. I look forward to discussing those next steps with noble Lords then.

Education: English Baccalaureate

Debate between Baroness Jones of Whitchurch and Lord Hill of Oareford

Monday 22nd October 2012 Lords Chamber

[The Parliamentary Under-Secretary of State for Schools (Lord Hill of Oareford)]

My Lords, we expect that everyone who now sits a GCSE should be able to sit the new English baccalaureate certificate. Although it will be more challenging than the current GCSEs, we believe that all children with a good education should be able to achieve it. We have also moved to strengthen vocational qualifications, increase the number of UTCs and studio schools and set an expectation that young people who are not secure in English or maths at the age of 16 will continue to study towards that qualification post-16.

[Baroness Jones of Whitchurch]

I thank the Minister for that reply. Does he understand the concerns of many academics and parents that the new qualification will narrow the definition of educational success and excellence? Is it not inevitable that the teaching time for many other crucial subjects, such as art, music, religion, computing and technology, will be squeezed out by the emphasis on the core subjects in the EBacc? Does he recognise that the Government’s obsession with academic subjects offers little comfort to the forgotten 50% who will never go to university but who want an alternative, gold-standard vocational qualification, such as the technical baccalaureate proposed by the leader of the Opposition?

[Lord Hill of Oareford]

My Lords, I do not accept the basic premise that the Government are concerned only about academic qualifications to the exclusion of all else. I agree with the noble Baroness, and with the party opposite, on the importance of vocational and technical qualifications. One of the very first things that the Government did when coming into office was to commission the Wolf review into vocational qualifications. However, with regard to the EBC, the amount of time that is likely to be taken to teach those core subjects will still leave plenty of time for the important subjects that she mentions, such as art, music or design, which I agree one would want to continue to be taught. I do not think it is a narrowing of the definition of excellence to want to set a higher bar for more children from a whole range of backgrounds, particularly the most disadvantaged, to get good academic qualifications that will get them into further or higher education, apprenticeships or work.

Schools: Children in Care

Debate between Baroness Jones of Whitchurch and Lord Hill of Oareford

Wednesday 18th July 2012 Lords Chamber

[Lord Hill of Oareford]

I agree with both parts of the noble Lord’s point. It is a gloomy tale, and therefore it is incumbent on us to look at everything that can make a contribution to making it better.

[Baroness Jones of Whitchurch]

My Lords, does the Minister agree that although, as has been said, boarding schools may be the answer for the minority of pupils in care, the much bigger challenge is to address the disproportionate number of children in care who attend failing schools? What action are the Government prepared to take to ensure that these children are given greater access to schools rated as outstanding by Ofsted?

[Lord Hill of Oareford]

I agree with the noble Baroness’s basic point—that the contribution that independent or maintained boarding schools are likely to make will, proportionately, be a relatively modest one; and that, therefore, the Government’s reforms to try to improve educational performance will play an important part. It is the case that looked-after children, obviously, have priority for admissions, and that includes admission to the kinds of schools the noble Baroness described. I hope that other initiatives that we are taking—such as bursary support after the age of 16, the pupil premium and so on—will help. However, the key challenge for us in all schools is to raise those standards, bearing in mind that we need to focus on the particular group she described and shine a spotlight on their educational achievement and the gaps that there are.

Schools: Primary School Places

Debate between Baroness Jones of Whitchurch and Lord Hill of Oareford

Monday 16th July 2012 Lords Chamber

[Baroness Jones of Whitchurch]

To ask Her Majesty’s Government what action they are taking to create 450,000 additional primary school places across England before the next general election.

[The Parliamentary Under-Secretary of State for Schools (Lord Hill of Oareford)]

My Lords, while it is the responsibility of local authorities to manage the supply of primary places, we have doubled the rate of spending on primary school places from the levels we inherited. In addition, we have allocated a further £1.1 billion over the past year, bringing to £2.7 billion the total we have given to local authorities so far to support additional places. We are working closely with local authorities and will work to reduce costs so that every pound spent goes as far as possible.

[Baroness Jones of Whitchurch]

I thank the Minister for that reply. Can he assure parents that sufficient, properly designed classrooms will be provided to meet all this extra demand? Does he agree that it is unacceptable for teaching to take place in temporary buildings that are not designed for this purpose, as increasingly seems to be the case currently? Do the Government now accept the folly of cancelling the Building Schools for the Future project without having a comparative school-building programme in place? Why are they continuing to give priority to funding new free schools when are not necessarily sited in places of greatest demand and there still remains a shortfall in funding for the more urgently needed extra primary places?

[Lord Hill of Oareford]

My Lords, trying to work backwards, first, so far as free schools are concerned, of the primary schools that we announced on Friday with proposals to come forward for 2013, nearly 90% of those are in areas of basic need where there is a shortage of places. I agree that good design is important but do not accept that temporary buildings cannot be part of a solution. Local authorities need to be free to make the judgments that they think are best to respond to the pressures that they have locally. Generally, as I said with the figures that I have set out, we have doubled the funding we are putting into primary school places. The birth rate started to rise in 2002; it peaked in 2008; so the Government are trying to address a serious challenge in the problem of the growing numbers that we have inherited.

Education: Special Educational Needs

Debate between Baroness Jones of Whitchurch and Lord Hill of Oareford

Monday 25th June 2012 Lords Chamber

[Lord Hill of Oareford]

Yes, my Lords. I know that that is a subject that the noble Lord, Lord Ramsbotham, feels very strongly about. He and I have had the chance to discuss that issue, and we need to do what we can to address those needs. It is obviously the case that special educational needs and behavioural issues often lie behind the reason why those young people are in those institutions in the first place.

[Baroness Jones of Whitchurch]

My Lords, we very much support the principle in the SEN Green Paper that a simplified plan involving social care, education, health and benefit providers would make it easier for young people to access the support they need to flourish in the employment market. But given the complexities involved in these proposals, can the Minister confirm that the current pathfinder pilots, which are only just getting under way, will be completed and evaluated before introducing the very radical changes in primary legislation that will be needed to make the proposals happen?

[Lord Hill of Oareford]

I am grateful to the noble Baroness for the support that she has given to the idea that lies behind our SEN reforms, which is to try to bring these services more closely together. As regards the evaluation of the pathfinder pilots, 20 are under way and we will be publishing regular quarterly reports. I think that the first one is out today and I will make sure that the noble Baroness has a copy. A more formal interim report will be published in the autumn, which will help shape the pre-legislative scrutiny of the Bill that is also scheduled for the autumn. The lessons that we learn from the pathfinders will help shape that legislation. We will all need to scrutinise that very carefully.

Schools: Curriculum

Debate between Baroness Jones of Whitchurch and Lord Hill of Oareford

Wednesday 20th June 2012 Lords Chamber

[Baroness Jones of Whitchurch]

To ask Her Majesty’s Government whether they will publish the names and qualifications of all those who advised the Secretary of State for Education on the content of the recent curriculum review proposals for the teaching of primary school mathematics, science and English; and what international comparisons were used to inform the proposals.

[The Parliamentary Under-Secretary of State for Schools (Lord Hill of Oareford)]

My Lords, the Government are happy to publish a list of those who were consulted to inform the development of the draft curriculum documents published on 11 June, and we will do so shortly. The review has drawn on a wide evidence base, including an analysis of the English, mathematics and science curricula of high-performing education jurisdictions, which was published on 19 December 2011. I will send the noble Baroness copies of both documents.

[Baroness Jones of Whitchurch]

I thank the Minister for that reply, particularly for offering to send me the specifics of the international comparisons on which the proposals have been made. However, is he concerned that three of the four members of the expert panel set up to advise the Government on the curriculum review are reported to be deeply unhappy with the proposals now announced by Michael Gove, which they describe as too narrow and overprescriptive? Is he also concerned about their allegation that the proposals are not drawn from the best available international evidence? Does not Michael Gove’s throw-away response to these concerns in the Commons on Monday, when he said that,

“advisers advise but Ministers decide”,—[Official Report, Commons, 18/6/12; col. 603.]

give weight to the view that the expert panel’s evidence has been disregarded in favour of a small Gove clique of advisers in his own department?

[Lord Hill of Oareford]

First, a number of recommendations made by the expert panel were accepted by the Secretary of State. Secondly, although it is true that there were differences of opinion between some members of the expert panel, and between some of them and Ministers, a difference of opinion between Ministers and expert advisers is scarcely unheard of. However, Ministers ultimately have to take responsibility for their decisions. I think most of us in this House think that that is the way it should be. However, the key point of the proposals that the Government have brought forward is that we are trying to raise ambition and standards in our primary curriculum, particularly as a gap in attainment has opened up between the UK and other international jurisdictions and we are keen to try to narrow it.

Schools: Nutrition

Debate between Baroness Jones of Whitchurch and Lord Hill of Oareford

Wednesday 13th June 2012 Lords Chamber

[Baroness Jones of Whitchurch]

To ask Her Majesty’s Government whether they will enforce nutritional standards for school food in academies and free schools in the light of new evidence that some schools are reintroducing junk food.

[The Parliamentary Under-Secretary of State for Schools (Lord Hill of Oareford)]

My Lords, we know that nutritious food has positive effects on behaviour and attainment. The evidence indicates that many academies have responded positively to the standards, and some are going beyond them. The quality of food offered in all schools, including academies, has improved, but further improvement is needed. The latest findings from the School Food Trust show no significant difference between the lunch provided by maintained schools and by academies.

--- Later in debate ---

[Baroness Jones of Whitchurch]

I thank the Minister for that reply. However, at a time of rising childhood obesity, with more than one-third of 11-year-olds now being classified as overweight or obese, with all the associated health problems, is he not shocked by the School Food Trust’s research, which shows that while healthy eating is increasing in maintained schools, nine out of 10 academies are ignoring the nutritional standards introduced by the previous Government and selling crisps, chocolate and cereal bars? Does this not undermine the Government’s faith that academies can be trusted to do the right thing on nutrition? How much worse must the situation get before the Government act? Is not the simplest answer to enforce the nutritional standards in all schools regardless of their status?

[Lord Hill of Oareford]

My Lords, having looked at all the research and the most recent qualitative survey carried out by the School Food Trust into what is going on in academies, I find it difficult to draw the very clear conclusion that the noble Baroness has come to. The survey concluded that there are maintained schools that are not doing as well as they ought to, there are academies exceeding the standards and there are also academies not doing as well as any of us would like them to do. I agree with her entirely about the importance of decent food in terms of obesity and of concentration in school. The question in my mind is whether the regulatory approach is the necessary way forward. I agree with her that the Government need to reflect on whether there is more that they can do to raise the quality of school food. My right honourable friend the Secretary of State has indicated that that is what he will do.

Education: 16-19 Bursary Fund

Debate between Baroness Jones of Whitchurch and Lord Hill of Oareford

Monday 11th June 2012 Lords Chamber

[Lord Hill of Oareford]

I very much agree with the noble Baroness about the importance of making sure that the group she talks about has those opportunities. The bursary fund has a specific sum, £1,200 a year, which is available to such groups to help with costs. As she knows, our proposals for reforming special educational needs generally, with the Bill to come, cover how we can try to increase such provision. Obviously, local authorities have an important part to play in that as well.

[Baroness Jones of Whitchurch]

My Lords, is the Minister aware that since the very popular education and maintenance allowance was replaced with a discretionary fund allocated by individual colleges, huge discrepancies are arising in the grants available, with young people in some of the poorest parts of London, for example, receiving the least? How can that be fair, and what are the Government doing to protect young people from the postcode lottery funding under the new scheme?

[Lord Hill of Oareford]

As we have previously debated, the Government decided that we had to change the EMA because it was going to 45% of all 16 to 19 year-olds and we did not feel that was a targeted measure of support. I recognise the purpose that lay behind it, but we felt that in a difficult time we had to make some savings. We have managed to reduce the costs by £380 million. There is the element that goes to the neediest children; that £1,200 a year is a fraction more than they would have received under the old system. However, we have taken the view, which I know is different from that of the previous Government, that local institutions such as schools and colleges should decide how to allocate the funds. We have put enough in there—£180 million—to pay the equivalent of the old EMA to 15% of that age group, which is about the proportion who were in receipt of free school meals.

Schools: Parenting Skills

Debate between Baroness Jones of Whitchurch and Lord Hill of Oareford

Thursday 17th May 2012 Lords Chamber

[Lord Hill of Oareford]

I agree with the broad thrust of that point. One should also say that there is quite a lot of research, which, as one might expect, says that young people think most about parenting just before they become parents. Children in different kinds of schools in different parts of the country will also tend to need different kinds of education. That would include PSHE. However, I agree with the broad thrust when the noble Baroness says how important that is.

[Baroness Jones of Whitchurch]

My Lords, does the Minister accept that the cuts to childcare support and work incentives such as the working tax credit will inevitably result in more children living in poverty, and will therefore inevitably make the role of parenting even more difficult for existing parents?

[Lord Hill of Oareford]

As I have said, we are extending the offer of free education for three and four year-olds to 15 hours a week. We are extending it to disadvantaged two year-olds from September 2013 and to 40% of all two year-olds by 2014. The new universal credit will extend childcare help to those working less than 16 hours a week—that is, families who had not previously been eligible for it. We obviously need to do more to help people with parenting—particularly those from the poorest backgrounds—and I hope that the range of measures we are taking will result in some progress being made in that direction.

UN Convention on the Rights of the Child

Debate between Baroness Jones of Whitchurch and Lord Hill of Oareford

Thursday 22nd March 2012 Lords Chamber

[Lord Hill of Oareford]

I will need to check to find out precisely what areas that guidance covers. When I have an answer, I will reply to the noble Lord and tell him what I am able to.

[Baroness Jones of Whitchurch]

My Lords, may I follow up the point made by my noble friend Lady McIntosh with a particular example? The Children’s Commissioner recently concluded that the Welfare Reform Bill contravened the UN convention in a number of ways. For example, she argued that the benefit cap risks children suffering unjustified discrimination. In those circumstances, will the Minister explain how the Government took that message on board and went about modifying the legislation to bring it back into line with the convention, because being a signatory does not seem to make much difference to the way in which the legislation eventually pans out?

[Lord Hill of Oareford]

My Lords, the Government believe that the Welfare Reform Bill is compliant with the UNCRC. We know that those issues were debated at length in this House and concerns were expressed about the effect of the benefit cap. The Government said that transitional arrangements would be put in place to deal with some of the concerns that noble Lords expressed, and they have committed to having a report a year on as to the effect of the benefit cap. However, our core position is that if we can help and encourage more people into work, that will be good for those families and for their children.

Education: Engineering

Debate between Baroness Jones of Whitchurch and Lord Hill of Oareford

Thursday 15th March 2012 Lords Chamber

[Lord Hill of Oareford]

My Lords, I very much agree with the noble Earl. One encouraging point is the increase in the number of young people doing engineering and manufacturing apprenticeships, for example, which has risen by 30 per cent in the past year or so. The work we are doing with studio schools and with UTCs to encourage the take-up of vocational courses is all part of that, but I agree with the noble Earl’s fundamental point that one wants qualifications and courses for children of all ranges of interest, practical or academic. They should have parity of esteem, and the way to have that is through rigorous qualifications, not pumped-up ones.

[Baroness Jones of Whitchurch]

My Lords, given that the engineering diploma takes approximately 20 hours a week to teach, whereas a traditional GCSE subject takes up to five hours a week, how are teachers expected to persuade young people to take the engineering diploma in future when it is valued at only one GCSE? It takes 20 hours, but all you get is one GCSE. Surely young people who take it will never have the opportunity to accumulate enough GCSEs to go on to higher education. The Government are effectively killing it on the vine by downgrading it.

[Lord Hill of Oareford]

I do not think that that is true. Without being too technical about it over the Dispatch Box, the particular element at issue is the principal learning element. The diploma is an overall wrapper with a number of elements which add up to seven GCSEs. Those elements are perfectly free to continue. The principal learning element is the one that awarding organisations will discuss with employers to work out how best to continue to develop qualifications. The ultimate point is that, given the support that there is for engineering qualifications from employers, when young people see that there is a chance of progression to a good job with an engineering employer, that will be one of the strongest incentives for them to study engineering and pursue those courses.

Schools: Curriculum

Debate between Baroness Jones of Whitchurch and Lord Hill of Oareford

Tuesday 28th February 2012 Lords Chamber

[Lord Hill of Oareford]

My noble friend is right that the Government issue clear guidance as to what materials are appropriate. If parents, pupils or others are concerned about the use to which particular materials are put, then they have every right to complain to the school, to us, or to the YPLA in the case of an academy. Ofsted can have a look, and we can take a view as to whether the material is being used inappropriately. If the material to which both my noble friends refer were being used to make the point that this kind of view is a minority view, that would seem to be a perfectly proper use to which it could be put.

[Baroness Jones of Whitchurch]

My Lords, I think it is important to clarify this. Is the Minister aware that the Explanatory Notes written by his own department to accompany the Equality Act made it clear that the curriculum is covered by the Act? This would obviously outlaw any activity—such as the document we have been talking about this afternoon—which could lead to discrimination on the grounds of sexual orientation or potentially encourage homophobic bullying. Can he please clarify once and for all the status of this document? A public clarification on this could, perhaps, lance the boil of some of the controversial debate taking place on this subject .

[Lord Hill of Oareford]

I hope I have explained, but if I have failed I will try to make it clearer. My understanding is that there is a clear distinction between what is able to be taught in schools and teaching that encouraged homophobic bullying or inappropriate behaviour of any sort, which would clearly fall foul of a range of different pieces of legislation. That is clearly wrong and we would deplore it. However, the ban on that kind of behaviour and what is done in lessons does not extend to particular source material. For example, there may be people who think that the “Merchant of Venice” as a script, a text or a document encouraged anti-Jewish sentiment. Should that be outlawed? No, it clearly should not. That is the distinction I am seeking to draw between the use to which materials are put and the materials themselves.

Schools: Grammar Schools

Debate between Baroness Jones of Whitchurch and Lord Hill of Oareford

Monday 16th January 2012 Lords Chamber

[The Parliamentary Under-Secretary of State for Schools (Lord Hill of Oareford)]

My Lords, through the revised schools admissions code we seek to give all schools, including grammar schools, greater flexibility in determining the number of places they wish to offer to their communities. This should help to ensure that parents are increasingly able to have the offer of a place at a good and popular school, whatever its type.

[Baroness Jones of Whitchurch]

I thank the Minister for that reply. Will he confirm that it is now the Government’s policy that existing grammar schools can expand their size or create satellite schools in neighbouring areas? Is he concerned that well run state schools could be forced into a battle for survival as nearby grammar schools attempt to cherry-pick the best performing pupils? What advice would he give to parents of children who fail the 11-plus or would prefer their children to attend non-selective schools, and who are no longer able to object to grammar school expansion under the new schools admissions code?

[Lord Hill of Oareford]

My Lords, first, the Government have not changed the rules governing satellite sites and the possibility of that. They are the same rules that were in place under the previous Government and the admissions code does not affect them. With the admissions code generally, we are trying to get to a point where it is possible for all kinds of schools—where there is popular demand for them and where there are good and strong schools—to be able to grow in response to parental demand. We did not think that it was right to exclude from that greater freedom the small number of selective schools in the system.

Education: Music

Debate between Baroness Jones of Whitchurch and Lord Hill of Oareford

Wednesday 30th November 2011 Lords Chamber

[Lord Hill of Oareford]

I agree very strongly with the noble Baroness about the important role that choral singing and being part of a choir can play. I hope that one of the ways that these new hubs will work is to draw in a much wider range of providers. They will be covering a broader area so that one can get that kind of specialism that one could then extend to a range of schools in an area.

[Baroness Jones of Whitchurch]

My Lords, there is a great deal to welcome in the national music plan. We particularly welcome the fact that funding—although it involves significant cuts—will be ring-fenced for music education. Does this mean that the Government have now been converted back to the idea of ring-fencing? What does that mean for other children’s services such as Sure Start?

[Lord Hill of Oareford]

I am grateful to the noble Baroness for her welcome overall for the shape of the plan and what we are trying to do with it. We are distributing the funding in the way that we are—which relates to the point that I was just making to the noble Baroness, Lady Warnock—because the kind of services that we will provide go across areas where an individual school could not be expected to have that degree of specialism or that range of services or instruments. We think it makes more sense to deliver that through a bigger area.

Education: Qualifications

Debate between Baroness Jones of Whitchurch and Lord Hill of Oareford

Thursday 10th November 2011 Lords Chamber

[Lord Hill of Oareford]

My Lords, we are developing destination measures, which should help us to get a better picture than we currently have of what happens to children after they leave school, whether they go into further or higher education or into jobs. It is important to know what the destinations are, so we are working on those measures, which will help us. As to monitoring the effect of some of the changes that we have had to make—for example, over the educational maintenance allowance, which was raised by the noble Baroness, Lady Quin—we will keep it under review to see what impact it has.

[Baroness Jones of Whitchurch]

My Lords, is the Minister aware that the scrapping of the educational maintenance allowance is widely held to be a major culprit in the recent drop in the number of students attending FE colleges? Is he aware of the wide disquiet that exists about the operation of the replacement for the EMA, and will the Government consider reversing the decision if the number of students in FE colleges continues to drop?

[Lord Hill of Oareford]

My Lords, as I have said, we are keen to keep the effect of the changes that we have made under review. As the noble Baroness will know, we were driven to make those changes because the proportion of children in receipt of EMA—46 per cent of them—meant that it did not feel like a targeted approach. We wanted to target the money that we have more closely on those children who need it most, which is what lies behind the redirection and the creation of the new bursary fund. The noble Baroness referred to the impact on FE colleges. I know that a survey was carried out by the Association of Colleges to look into that. That survey, which looked at around half of all colleges, found that the number where enrolment had increased was the same as the number where it had decreased. The overall fall was only 0.1 per cent, which, given that there was a fall of 40,000 in the age cohort generally, does not feel like a significant change. However, we must keep it under review and we certainly will.

Education Bill

Debate between Baroness Jones of Whitchurch and Lord Hill of Oareford

Wednesday 9th November 2011 Lords Chamber

[Baroness Jones of Whitchurch]

My Lords, we have some sympathy with the aims behind this amendment, and understand, as I am sure many noble Lords do, the advantages that can flow from giving young people a practical demonstration of democracy and representation. As the noble Lord, Lord Hill, said in an earlier debate on this issue, the previous Government went some way towards expanding pupil representation and consultation with governing bodies. As I understand it, specific provision was made in the Education and Skills Act 2008 to require governing bodies to invite and consider pupils’ views, but this has not yet been enacted. Perhaps the Minister could clarify whether the Government are now going to implement the provision in the previous Act.

In the mean time, I listened very carefully to the speech made by the noble Baroness, Lady Howe, but would still sound a note of caution on the wording of her amendment. It would seem, as it stands, to apply equally to pupils of all ages, and we are not convinced at this stage that that is the right way to proceed. As the noble Baroness indicated, some primary school pupils might struggle to understand some of the issues on governing body agendas, and there is, as has been pointed out, the issue of whether it is appropriate for them to deal with teacher discipline and conduct issues. It is therefore perhaps more appropriate to find a level of involvement for young people in governance issues that is more age-specific. However, we very much support the idea of strengthening pupil engagement and hope that the Minister is able to suggest other ways in which this might be achieved.

[The Parliamentary Under-Secretary of State for Schools (Lord Hill of Oareford)]

My Lords, I am grateful to the noble Baroness, Lady Howe, for returning to this issue. As she said, unfortunately she was not able to be present at Committee stage, where some of the important points that she has raised tonight were debated, although she kindly gave us advance notice. I am glad that she has raised them again tonight.

The noble Baroness spoke eloquently of the importance of encouraging pupils to participate in decisions that affect them. I think that support for the principle that she is seeking to achieve is shared on all sides of the House, by the noble Baroness, Lady Jones of Whitchurch, and by my noble friend Lady Walmsley. I would certainly agree with her that involving pupils in that way can help to make sure that decisions properly reflect the interests of pupils, contribute to their development and encourage them to feel a sense of involvement and pride in their school. It is also of course a fundamental principle of the United Nations Convention on the Rights of the Child, to which this Government are a signatory.

The evidence also shows that schools themselves share the views expressed by noble Lords today on this issue. We know that the vast majority of schools involve their pupils in a variety of different ways. Over 95 per cent of schools already have a school council. Pupils of all ages can serve as associate members of governing bodies, which means that they can attend and speak at governing body meetings. Governing bodies have the power to invite pupils of any age to attend and contribute to governing body meetings. That is extremely important.

I share some of the reservations expressed by the noble Baroness, Lady Jones of Whitchurch, as to the specific amendment tabled by the noble Baroness, Lady Howe of Idlicote, in that it would add to our current arrangements a requirement on all governing bodies of all maintained schools to have an unspecified number of student governors. The amendment would apply to the governing bodies of all maintained schools, including nursery schools. It would force all governing bodies to change their instrument of governance and appoint pupil governors, even if they already had effective arrangements for pupil participation in decision-making.

I am keen to continue to talk to the noble Baroness about these issues and about governance more generally, as I think she and I have a shared interest in this issue. However, as she might expect from the conversations we have had on governance, she will know that placing this additional prescription on the constitution of governing bodies runs counter to the Government’s broader policy on school governance, where we are trying to give governing bodies more freedom to recruit governors based on skills and to minimise prescription around the proportions of governors required from different categories.

I have reflected on the points that were made in Committee and again today, but I continue to believe that there are sufficient ways for governing bodies to take account of pupil views. I do not think it would be right to place a mandatory requirement on all maintained schools—including primary schools—to appoint pupil governors. The noble Baroness, Lady Jones of Whitchurch, mentioned the Education and Skills Act provisions on pupil consultation. There is a requirement on schools to have regard to guidance on pupil consultation, an issue which my noble friend Lady Walmsley raised. We will be talking about that further in response to her Oral Question.

I hope that the noble Baroness, Lady Howe of Idlicote, knows that I am always ready to talk to her about governance, and I am happy to talk further about this issue. While I agree with her on the importance of involving pupils and the benefits this can bring, I cannot support this specific amendment. I would therefore ask her to withdraw her amendment.

--- Later in debate ---

[Lord Hill of Oareford]

My Lords, I will speak briefly to government Amendment 3, which maintains a requirement for colleges to have staff, student and, in the case of sixth form colleges, parent governors. It addresses the commitment that I made on Report to return to the House with an amendment that would give effect to what the noble Baroness, Lady Jones of Whitchurch, sought to achieve in laying down her amendment on Report. I am glad that this amendment has her support, and I am grateful to her for raising this issue with my honourable friend Mr Hayes, the Minister for Further Education, Skills and Lifelong Learning. We have stuck to her amendment as closely as we could. The only change that we have made is to add parent governors for sixth form colleges, which I am sure is what the noble Baroness, Lady Jones of Whitchurch, would have intended.

It was not our intention to encourage colleges to remove staff, student or parent governors. We merely wanted to ensure that any legislative requirements did not affect any case to the ONS for the reclassification of colleges back to the private sector. We believe, as I know the noble Baroness does, that it is possible to reconcile both those important objectives, and this amendment does that. I beg to move.

[Baroness Jones of Whitchurch]

My Lords, I am grateful for the earlier discussions held with the Minister and his colleague, John Hayes. As the Minister said, he indicated on Report that the Government were prepared to reconsider the issue of staff and student representation. I am pleased to say that this commitment has now been honoured in both spirit and practice in the amendment before us.

It was, of course, the Government’s own amendment that created the issue of representation being withdrawn and quite rightly caused consternation among students and staff. However, on this occasion the Government have been quick to acknowledge the error and put it right. In fact, I would go further and acknowledge that their amendment is indeed better than that tabled by those on our own Benches on this issue, so I am very pleased to support it and for our proceedings on this Bill to end on such a positive note.

Since this will be my last contribution on the Bill, perhaps I could say a few words, particularly on behalf of my noble friend Lady Hughes—who cannot be here this evening but is now the proud grandmother of a baby girl—and also my noble friends Lady Crawley, Lord Young and Lord Stevenson. I thank the Minister and the noble Baroness, Lady Garden, for the courteous and good-natured way in which they have responded to the wide, varied and sometimes extremely controversial issues that noble Lords have chosen to raise on the Bill as we have progressed through it over the months. We started debating the Bill in May, and at times it has truly felt like a marathon. However, throughout the time the Minister has maintained an open door policy and has genuinely sought to answer and deal with our concerns, and for that we are very grateful.

I would also like to thank the Bill team for its hard work. At one stage I thought that I might have to employ a secretary just to keep track of its daily letters. When it started to send letters summarising the previous letters that it had sent, I realised that it was not just me who was having trouble keeping up. I appreciate that all that was intended to be helpful, and it certainly helped us to improve the scrutiny of the Bill.

At the end of the day, the Bill is a better Bill and the time was, in retrospect, well spent. However, I have no doubt that the Secretary of State is as we speak fervently brewing up his next grand plan and that it will not be long before we find ourselves back here again. But, for now, I thank the Minister and urge support for the amendment.

Education Bill

Debate between Baroness Jones of Whitchurch and Lord Hill of Oareford

Tuesday 1st November 2011 Lords Chamber

[Baroness Jones of Whitchurch]

My Lords, like many noble Lords in the Chamber, we welcome the direct payments initiative. It is right that it should be piloted and closely scrutinised. We will play our part in that. I hope that the Minister is able to reassure us that the outcome of the pilots will be fully debated by your Lordships' House in due course. I suspect that we will find that, as with many initiatives, it is the detail that matters and how the new powers are interpreted by parents and local authorities alike. We need clear advice and updates on how the pilots are working in practice. The outcome has to be an improvement in the provision of SEN services in schools and the pilots will need to demonstrate that all SEN children, not just those of middle-class parents, have an improved quality of service.

Noble Lords have raised a number of important questions in the short debate, but there remain some concerns that I hope the Minister will be able to help me with. Like the noble Baroness, Lady Sharp, I say that these points may have been covered in the discussions, but forgive me if I am not up to speed on some of the discussions that have taken place. First, how can we be assured that the payments will be enough to cover identified need so that the parents will not be expected to make up the difference from their own budgets? Secondly, how will other families be assured that other budgets will not be cut to fund these payments, thereby adversely affecting other services provided by the local authorities? Thirdly, how will the special position of looked-after children be protected? For example, foster carers will potentially administer the payments but might be perceived to have a conflict of interest, as they are also employees of the local authority. Lastly, on the level of support and advocacy provided to parents, which the Minister touched on, can he reassure us that that will be independent of local authorities because undoubtedly parents will find the system new, potentially difficult and overwhelming in terms of the choice and the bureaucracy with which they are faced? Perhaps he could clarify the level of independence that would be available.

A separate, procedural point is that we find ourselves, once again, tonight making policy on important issues on the hoof. These issues would have benefited from a longer period of consultation, both within the House and outside. The legislation, as drafted, has been placed in completely the wrong part of the Bill; it is in Part 7, which deals with post-16 education and I do not suppose that the Minister is suggesting that these payments are restricted to post-16. The Government should do better than this and, if they do not, they cannot complain when humble Back-Benchers follow their example and try to misuse the structure of Bills to put bits of legislation in the wrong place.

Notwithstanding all that, we support the intent of the Government’s proposals and we look forward to the future scrutiny which, we trust, will occur in due course.

[Lord Hill of Oareford]

My Lords, I am grateful for the broad welcome from all sides of the House for what we are attempting to achieve with these pilots and for what we are trying to do to get a better system for the most vulnerable children in the country from all backgrounds. As a number of noble Lords have made clear in their questions, there are a number of important issues to get right and that is the point of the pilots. We shall work through some of the issues that have been raised as a result of the pilots.

The noble Lord, Lord Touhig, and the noble Baroness, Lady Jones of Whitchurch, raised the issue of evaluation. There will certainly need to be very careful evaluation. We would want to share that with noble Lords. I was very grateful for the remarks made by the noble Lord, Lord Touhig, about the way in which we have managed to work with him, others and the Special Educational Consortium and I want that to carry on. The first evaluation results will probably arrive next April and there will be another report next September, but we want this to be an open process. I am very happy to share the findings as we go along and to work on ensuring that everything works as we want it to. As I said before, I think we are all agreed on the direction in which we want to go but, of necessity, difficult questions arise, some of which have been posed, about funding. The only way to answer those questions is to work through them with an open mind, and not to prejudge the outcome but to try to come up with solutions to them.

My noble friend Lady Sharp asked a couple of questions, first, on behalf of Natspec, in relation to the element of funding to local authorities. During the pilots, a local authority and a college will need to agree before a direct payment can be made. We think it is right to do everything possible to give students greater control over the services that they receive, so we are testing direct payments through these pilots to ensure that we learn everything about how to make them work in practice.

On transport, the pilots of direct payments will not affect current local authority duties or budgets, including those for transport, so if a local authority were to agree a direct payment for transport with a student, it would need to agree what the payment was for and exactly how much it would cost. My noble friend Lord Lingfield asked about top-ups: will parents be required to top up? The noble Baroness, Lady Jones, was concerned about that too. In no circumstances should the amount of the direct payment be set at a level that would require someone to pay from their own resources in order to secure part or all of the provisions set out in the child’s statement of SEN or the young person's LDA. If an individual wishes to purchase support that is additional to that needed to meet the assessed needs, it would be open to them to do so.

That links in to the question put by the noble Lord, Lord Touhig, about what is in the statement, as the statement determines what is delivered, how much things cost and so on. We know that local authorities are currently required to specify the provisions necessary to meet the needs of a child in the statement, but we also know that the quality of statements and learning difficulty assessments varies significantly. We think that the process of establishing a direct payment should, by itself, help in this regard because in order to make a payment to a family, the local authority would have to quantify exactly what provision is required. Our experience with the individual budget pilot supports this view, and parents report the initial discussions to establish a budget as one of the significant benefits of the overall pilot. I think that will help address that concern. So far as the question about the independence of the support is concerned, I will follow it up and write to the noble Baroness with more particulars on it.

I am grateful to noble Lords for the support for this. I hope it will mark a significant step forward. We hope these pilots will work.

--- Later in debate ---

[Lord Hill of Oareford]

My Lords, I end with a whimper and not a bang. As noble Lords will recall, we agreed four government amendments when we discussed school inspections last week. Those amendments to Clauses 39 and 41 mean that, with the exception of the first set of regulations made under the new powers inserted by these clauses, regulations will be subject to the affirmative procedure. I refer to the amendments that I introduced in response to the points raised by the noble Lord, Lord Hunt of Kings Heath.

The two amendments before us are consequential to those amendments and were unfortunately overlooked. Amendments 89ZC and 89ZD make minor drafting changes to Clause 78, “Commencement”, so that it refers to the right subsections, including those applying the affirmative procedure. This does not affect the commencement of the clause. I beg to move.

[Baroness Jones of Whitchurch]

My Lords, I was trying not to get drawn into ending on a whimper as well. I was not going to say anything, because there is nothing to be said, except to thank the noble Lord for his courtesy so far. I look forward to Third Reading in due course.

Schools: Sex and Relationships Education

Debate between Baroness Jones of Whitchurch and Lord Hill of Oareford

Monday 24th October 2011 Lords Chamber

[Baroness Jones of Whitchurch]

My Lords, does the Minister acknowledge the consistent evidence that the teaching of sex and relationships education reduces, rather than increases, sexual activity? Does he agree, as I think he indicated, that teaching young people about relationships, and in particular young girls about the nature of informed consent in sexual relationships, is vital? Does he also agree that that is best achieved by teaching sex and relationships as part of compulsory modules in statutory PSHE education?

[Lord Hill of Oareford]

I think I was with the noble Baroness right until the very last bit of her question. I accept the thrust of her points but, as she will know because we have discussed it before, the overall aim in the Government’s plans is to slim down the curriculum, which we think has become overcrowded. Therefore, as she knows, we do not plan to make SRE a statutory part of it. The purpose of our review is to try to share best practice, to look at how we can raise the quality of teaching and to identify the core elements of PSHE which we think children should study.

Education Bill

Debate between Baroness Jones of Whitchurch and Lord Hill of Oareford

Monday 24th October 2011 Lords Chamber

[Lord Hill of Oareford]

My Lords, I hope that the noble Baroness will forgive me for not responding to that point. We clearly want to see high-quality careers guidance for girls as well as for boys. We expect schools to want to do that. The noble Baroness’s particular concern may be to make sure that some of the career options that schools have not traditionally thought of as being suitable for girls get full consideration. I agree with her that one would very much want to see that.

[Baroness Jones of Whitchurch]

My Lords, once again we have had a very good debate on careers. I think that noble Lords from around the House have recognised the need for us to provide an improved careers service for young people, particularly in the current economic climate. However, we have some disagreements that the Minister has not fully addressed. The case was very well made about the great advantages of face-to-face counselling for young people. As my noble friend Lady Morris so ably said, that is very different from providing information, which you can, of course, do online. Guidance and counselling need to be done on a face-to-face basis. Regrettably, the Minister did not sufficiently address that issue. We argue that it is a fundamental right for all young people. It is very hard to differentiate and start picking out categories of those who are disadvantaged or at risk as being the only categories who are entitled to that face-to-face counselling, which is such a big issue in terms of young people’s future prospects. The noble Baroness, Lady Brinton, said that in a perfect world we would all have face-to-face provision. I do not think that we need to talk about a perfect world here; it is too big a fundamental right for young people. It seems to us that it is reasonable and necessary rather than something to which we are foolishly aspiring.

As regards qualifications, the case has been that the provision of careers advice should be regarded as a skilled job. I accept what the Minister has said about organisations being accredited in the future. However, he did not address the point that I made about the people employed by those organisations. If we do not require everyone who is providing the face-to-face careers advice to have a qualification, I very much fear that, as I said, this task will be tagged on to the duties of teachers or will be carried out by people employed at short notice or who are on temporary contracts, although the organisations which employ them are accredited. Again, I argue that the Minister has not addressed the fundamental issue of qualifications.

As regards the guidance to schools, the Minister has, as we have said, written to us about the advice that he is going to send out. He has said that he will consult on that. However, the letter asks schools to consider providing face-to-face guidance for pupils who are disadvantaged and talks about,

“working with local authorities to identify young people who are at risk”.

To my mind, that does not provide any guarantees for any of those categories. We are being asked to jump blindly into a careers guidance provision on which we do not have sufficient guarantees and which is not sufficiently robust.

There is too much at stake here. We feel that we have had too few guarantees. There is too much reliance on research and on data about how the new careers advice service will be monitored in the future, but young people need a provision and guarantees now. They need guarantees that they will have access to someone on a personalised basis and that they will be given advice by a qualified practitioner. We do not accept that the Minister has given sufficient guarantees. I wish to test the opinion of the House on Amendment 57C.

Education Bill

Debate between Baroness Jones of Whitchurch and Lord Hill of Oareford

Tuesday 18th October 2011 Lords Chamber

[Lord Hill of Oareford]

That sounds a very sensible suggestion. I will need to check where we have got to on developing the two databases but that sounds eminently sensible because clearly one would want to make sure that there was read-across.

I hope in light of the reassurance about providing the information, which I accept there has been widespread agreement that we need, including from the party opposite, and about maintaining such a register, that the noble Baroness, Lady Jones of Whitchurch, may feel able to withdraw her amendment.

[Baroness Jones of Whitchurch]

My Lords, I listened to my noble friend Lord Puttnam with a great deal of sadness as he described the demise of the GTC and what it had originally intended to represent, which was a strong professional standard for the teaching profession and something that they could all aspire to. It is a very sad day that we are here reflecting on its demise. The Minister said very warmly to my noble friend Lord Puttnam that he would not disagree with a word that he had said about teachers’ professionalism, and he went on to say that he hoped that something would “well up” to replace it. That is not much of a response to the profession. In the intervening period, while we are waiting for this welling up, the teaching profession will have been sent a signal that the Government really do not think that it is terribly important and it has got to bide its time before anything appears from the ether to be a standard for it again as a professional body. I echo the comments that have been made about the messages that this sends to the profession.

My noble friend Lord Puttnam went on to say that we would end up recreating the GTC and I think that is really where we are ending up. As we have heard, we have got one list, or maybe two. Somebody is going to have to administer those lists. At a very basic level, if they are not a register then they are moving towards becoming a register, and I acknowledge that the Minister has made some gestures towards what we were arguing. The question that has been raised about whether they will speak to each other is very valid.

I also think that there is a difference between a database of those who are qualified to teach and a register of those who are currently teaching. A register of those who are qualified to teach would very quickly get out of date. It would become a moribund list of people who have potentially not taught for 20 years or more, whereas the idea of a register is as a current, lively thing that enables access to people’s current status. It seems that we have got two poor substitutes for what was a perfectly reasonable arrangement in the first place. More work needs to be done on this.

As for this applying only to England and what happens to the other three nations. I am not sure that I heard the Minister address that issue. Three registers are going to exist in the other three UK nations, and England will be the only one which does not have one. We have made heavy weather of this. It would have been a lot easier if we had just kept the register as well, and be done with it.

I am absolutely sure that the thinking behind this is that the GTCE, for whatever reason, was not in favour with the current Government, and this is why we have ended up where we are. A lot more work needs to be done on this, but I take on board the Minister’s intention to come back and clarify some of these issues. On that basis, I beg leave to withdraw the amendment.

--- Later in debate ---

[Lord Hill of Oareford]

My Lords, I do not think I have that in my back pocket, but I will rootle in my clothing after this and see what information I can find. If there is relevant information which would shed some light on this I will, of course, send it to the noble Lord and circulate it more widely.

I will briefly set out the Government’s overall proposals on teacher regulation to try to put them in context. The GTCE currently deals with referrals for both incompetence and misconduct. I start with that because it touches in some way on the concerns raised by the noble Lord, Lord Knight. There is pretty clear evidence that the approach taken by the GTCE on incompetence has not been working and this is one of the things that drove us to try a new approach. In 10 years, the GTCE barred only 17 teachers for incompetence, and research has shown that employers are often reluctant to make referrals relating to competence to a national regulator. As we have discussed, they have previously only had a nuclear option and this has discouraged heads from making referrals, on the understandable basis that someone who might not be guilty of serious misconduct, but might need to move on and try teaching in a different school, finds himself grinding through the GTCE process. We are therefore seeking to separate issues of competence from issues of misconduct.

So far as dealing with incompetence is concerned, we want to put that into the hands of head teachers. To help them carry out this responsibility, we are also currently consulting on some streamlined arrangements for performance management and capability procedures. So far as misconduct is concerned, we certainly think there is a role for a national regulator, but we also want to try to give head teachers an appropriate level of responsibility, with only serious misconduct cases that may warrant the ultimate sanction—a bar from the teaching profession—being dealt with by the national regulator.

On the issue of safeguarding raised by my noble friend Lord Storey, the point made by the noble Lord, Lord Knight, is partly a response to that. Our proposals will not alter the current arrangements in relation to child protection. The legal duty on employers to refer any issues that relate to safeguarding to the Independent Safeguarding Authority will remain. The noble Baroness, Lady Jones of Whitchurch, asked what happens when the Independent Safeguarding Authority is informed. If a person is barred by the ISA, a flag would appear on their CRB check and a head teacher carrying out a check would then know.

The present regulatory regime requires head teachers to refer all teachers who are sacked as a result of misconduct to the national regulator. The regulator then investigates those cases and imposes one of a range of sanctions depending on the severity of the misconduct. Our basic position is that we do not think that a national regulator should need to administer intermediate sanctions such as restrictions on the use of the internet on school computers. The purpose of the national regulator should be to investigate the most serious cases in order to decide whether a teacher should ever be allowed to teach again. Under the current system, only 10 per cent of referrals have resulted in prohibition orders. In other words, a lot of the GTCE’s time—and a significant amount of money—has been spent investigating cases of a lower order of significance. Similarly, the current system requires head teachers to go through the process of referring a teacher, even if they believe that there are no grounds for barring them from the profession. This is inefficient and risks placing a perverse incentive on head teachers not to confront issues of conduct, because they think it is inappropriate and unnecessary to refer the case to the national regulator.

The amendments effectively seek to reverse the changes we are proposing to make to the role of the national regulator in relation to misconduct. The reason that I am resisting them is because experience of the current system has shown that requiring employers to refer all cases has had two undesirable consequences. First, as I have said, it means that the regulatory system has spent too much of its time focusing on cases that are not sufficiently serious to warrant the teacher being barred, and secondly, that heads have avoided sacking teachers for misconduct because they know it does not warrant an investigation by the regulator and they would not want them ending up on that path.

There is a point raised by the noble Baroness, Lady Jones of Whitchurch, about inconsistency, which I accept. I agree that arrangements for teacher regulation should seek to achieve consistency, but I do not believe that the current duty which she prefers is delivering that. Research published in 2008 found that between 2001 and 2008, nearly one-third of all local authorities had never made a referral for misconduct. Even when we take into account the different numbers of teachers employed in different local authority areas, the variation of referrals among local authorities indicates significant inconsistency in the current system. To reduce that, and to support head teachers in exercising their discretion, we are developing prohibition advice which sets out the kinds of misconduct that should lead to a teacher being barred from the profession. I circulated a draft on 12 October. We are currently carrying out a consultation on the guidance, which we intend to publish following Royal Assent. I would be happy to receive comments on that consultation from noble Lords to see whether they think it will help us to deliver greater consistency.

We are taking those steps and I hope, by explaining the rationale behind wanting to move to a more differentiated system, that even if the noble Baroness, Lady Jones of Whitchurch, does not accept my reasoning she will withdraw her amendment.

[Baroness Jones of Whitchurch]

My Lords, the noble Lord, Lord Storey, made a powerful case on the issue of consistency, and I think that it is the key word in this. We are grappling towards a system that is best going to deliver that consistency. The Minister said that it did not work in the past and that incomplete records were provided by different authorities. My answer to that is that what he is proposing now will make it even more inconsistent and patchy. The draft regulations he has recently sent out show that it will very much be discretionary rather than compulsory for employers as to whether they feed information into the centre. The onus of the wording is that employers “may” decide whether they wish to inform the Secretary of State, members of the public “may” be able to refer cases to the Secretary of State, and the police and the Independent Safeguarding Authority “may” also refer cases to the Secretary of State. The Secretary of State will have a very patchy and inconsistent picture, and I do not know that that helps anybody. What we really want is a resource that future employers can access and in which they will have some faith.

I understand the steps the Minister is taking, but we need to revisit the draft regulations. We need to make a much better attempt at trying to find a consistent and useful resource for future employers. I do not think that this is it, but there is room for further dialogue. On that basis, I beg leave to withdraw the amendment.

Education Bill

Debate between Baroness Jones of Whitchurch and Lord Hill of Oareford

Wednesday 14th September 2011 Grand Committee

[Lord Hill of Oareford]

My Lords, let me start on that fair point made by the noble Baroness, Lady Jones of Whitchurch, and my noble friend. We intend to commence those support duties on local authorities and learning providers. The issue that we are considering today, which I will come back on, is the enforcement process. We accept that those support duties need to be commenced.

The latest statistics show that we had 96.1 per cent of 16 year-olds and over 87 per cent of 17 year-olds participating in education or training at the end of 2010. That is a sign, which I know that the noble Baroness will welcome, that more young people are seeing the value of continuing their education and that the education and training sector is becoming more flexible in meeting their needs. We agree with the previous Government’s plans to raise the participation age to 17 in 2013 and 18 in 2015, which was the timescale set out in the Education and Skills Act 2008. We are committed to continuing that. We think that that timescale to which various bodies—local authorities, providers, schools and colleges—are working is sensible and gives schools, colleges and workplaces offering apprenticeships time to prepare. I recognise the point made by the noble Baroness, Lady Jones, that this is a probing amendment to look into these points. I do not think that January 2012 is actually what she had in mind. I agree with her that we think that that is not a workable suggestion but that the timescale set out by the previous Government is the one to which we will continue to work.

The amendment would also commence all the enforcement provisions in step at the same time as the leaving age was raised in one go. Those provisions would allow local authorities to issue attendance notices, bring young people before attendance panels, give out fixed penalty notices, and ultimately, as a last resort, prosecute young people in a criminal court. I know that the noble Baroness, Lady Jones, said that she did not want to criminalise young people, and we certainly do not want to do so. That is our thinking behind delaying. We want young people to participate because they recognise the benefits that education and training will bring.

As it stands, Clause 71 allows us to delay the commencement of the enforcement process, and we think that is the right way forward to give the system time to adapt. However, I want to underline that we do not intend to remove the enforcement provisions altogether, which I hope will reassure the noble Baroness. We will keep this under annual review. We hope that participation will increase because of the quality of the training on offer and because young people increasingly see its benefits, but if necessary we will commence all or some of the enforcement provisions. The pupil premium and targeted financial support via 16-to-19 bursaries will help ensure that young people are supported to continue learning. We have a process in place, run by local authorities, that ensures that 16 and 17 year-olds receive an offer of a suitable place in learning and, as we have already discussed, we are implementing all Professor Alison Wolf’s recommendations to ensure that vocational routes generally are of high quality.

We are committed to raising the participation age. We will do it on the timetable laid out by the previous Government. We are not removing the enforcement process but are just delaying its introduction. We will commence the support duties that the noble Baroness raised, we will review the need for enforcement on an annual basis and we will ensure that it is introduced if that is appropriate. With those reassurances, I hope that the noble Baroness, Lady Jones of Whitchurch, will feel able to withdraw her amendment.

[Baroness Jones of Whitchurch]

I thank the Minister for that. I think we have an agreement about the date, although the date is not the point here. I think that we would be happy with the original date and with working towards that plan. I am slightly anxious because he talked a lot about enforcement. While the original legislation had enforcement mechanisms, the whole point of our amendment is that it is not about enforcement. Raising the participation age will work only if the infrastructure and the enforcement go hand in hand. I do not want the Minister to go away with the idea that we would come along with a big bludgeon and demand that young people stay on at all cost. That is not the purpose of the amendment. Its purpose is for teachers, local authorities and employers—all the players in the education of young people—to put in place all the mechanisms to ensure that that encouragement takes place.

I am still a little unclear about what the Minister means when he says that they will commence the support duties. We may have to return to that, because if that is the case, we would like to see those duties on the face of the Bill, and it is not clear to us at the moment that they are. This is about a balanced approach, it is about infrastructure and making sure that young people comply with the new legislation in equal measure. I am not sure, as the Minister has set out the position at the moment, that we will achieve necessarily what the original legislation aimed to do, so we may well return to this matter. I beg leave to withdraw the amendment.

Education Bill

Debate between Baroness Jones of Whitchurch and Lord Hill of Oareford

Monday 12th September 2011 Grand Committee

[Baroness Jones of Whitchurch]

My Lords, I turn to Amendment 124A. Clause 52, among other things, allows for the creation of alternative provision academies, which are defined as institutions,

“principally concerned with providing full-time or part-time education for children of compulsory school age who, by reason of illness, exclusion from school or otherwise, may not for any period receive suitable education unless alternative provision is made for them”.

Currently, pupil referral units perform that role, so the Bill effectively allows them to become academies.

Our concerns about these new proposals echo those that we raised in previous debates relating to excluded pupils; for example, the repeal of the duty of schools to enter into behaviour and attendance partnerships and the removal of appeals panels that can reinstate wrongly excluded pupils. They also mirror our concerns regarding Clause 49.

Pupil referral units which become academies could grow more isolated from other schools and be cut off from current partnership working, including with local authorities. I ask the Minister again how he thinks this will help excluded pupils to re-enter mainstream schools as soon as possible.

Our Amendment 124A would provide a fallback position whereby pupils could not stay in alternative provision academies for more than six months. If the Minister is going to argue that a time limit of this kind is overly rigid, what alternative safeguards will he propose to stop children being referred early or inappropriately and returned to the mainstream late? How long will they be left to languish in units because it is financially desirable for the institution concerned that they do so?

A different issue is covered by our Amendment 124C. As it stands, the clause includes a Henry VIII provision which gives the Secretary of State a wide-ranging power to amend by order any legislation passed prior to this legislation to achieve the objective of establishing the two new types of academy; that is, 16-19 academies and alternative provision academies. It appears that the Government have not thought out the necessary consequential amendments for introducing 16-19 academies and are relying on a Henry VIII provision to do so. As I am sure noble Lords around the Room will agree, such powers should only ever be used sparingly and in exceptional circumstances. When does the Minister envisage the provision being used and for what purpose?

The amendment, which would remove the Henry VIII provision, is probing. Colleagues tabled a similar amendment in the Commons but, as the Minister there was unable to give a full account of the reasons for the provision, we have tabled it again here. In the Commons, Nick Gibb explained that the power would be used to make provision for which bits of existing legislation would apply to these new models of academy and which would not. He went on to say:

“How the new educational institutions will fit into the existing legal framework is complex”.—[Official Report, Commons, Education Bill Committee, 5/4/11; col. 893.]

In short, it is not yet clear which legislation will apply to these new types of academy, yet we are being asked to pass the Bill regardless.

Nick Gibb also promised to provide more details of the Government’s proposals as the Bill passed through the House. Since then, we have had a number of government amendments tabled and a letter from our own Minister on the subject. However, as his letter confirms, despite the extra information that the Government are now able to provide, the Henry VIII provision remains necessary for the making of further amendments by order. The letter explaining the government amendments is not an explanation of each amendment but more a background note on the Government’s general approach. This is not the right way to go about making and scrutinising legislation.

If the proposals are too complicated for the Government to bring the details before us now, surely there is a real danger that they will be too complicated to be implemented effectively. We should have the complete legislation before us today so that we have the chance to debate and amend it with the thought and diligence that this Committee has already demonstrated.

I am not sure that the Henry VIII provision was ever intended to provide a way out when the Government had not got all their amendments written in time for the passage of the Bill. I therefore hope that noble Lords will support our amendment to delete the Secretary of State’s powers in Clause 53 to this effect.

[Lord Hill of Oareford]

My Lords, we know that at any one time around 40,000 to 70,000 pupils are in some form of alternative provision. We know that there is an iron-clad correlation between those who are excluded, those who attend alternative provision, those who come into the youth justice system and those who go on to offend and reoffend in their adult lives. No one here accepts that it has to be like that. Alternative provision should provide an opportunity to support more young people to turn their lives around. That is why we are taking a number of steps to help to achieve this, including the changes in Clause 49. The Secretary of State has asked the department’s behaviour adviser, Charlie Taylor, to conduct a review to identify what further changes may be needed.

We are keen to give PRUs more of the freedoms that other schools enjoy to allow the professionals who run them to drive their own improvement. This clause will allow PRUs to manage their own budgets in a similar way to mainstream schools. Through regulations we are also giving PRU management committees powers over staffing similar to those that school governing bodies already have. Professionals working in PRUs have welcomed these changes.

In addition to these freedoms, our exclusions trials, in which schools will retain responsibility for excluded pupils, will assess how a new approach to managing exclusions could contribute to improving standards in alternative provision. I hope that this point answers a number of concerns raised by the noble Baroness, Lady Jones of Whitchurch. If schools retain responsibility for the education and outcomes of excluded pupils, PRUs and AP providers will need to be more responsive to demand from schools for high-quality education. That should help to deal with the perception, raised by the noble Baroness, Lady Jones, that there are perverse incentives. We do not want perverse incentives for schools to exclude. We want, as I know she does, the right kind of provision to be made in a way that is suitable for individual children. By allowing for the creation of alternative provision academies and free schools, we also aim to bring the benefits of the academies and free schools programmes to the alternative provision sector.

Turning to Amendment 124A, I agree with the noble Baroness that returning a child to a mainstream school as soon as possible is, in most cases, the best thing for a pupil attending alternative provision. Like her, I do not want alternative provision to be seen as a dumping ground where children are put out of sight and out of mind. We know that some of the best PRUs have a strong focus on reintegration. They constantly monitor and review when it is appropriate for a pupil to be supported to return to mainstream education. We want to see all AP providers, including alternative provision academies and free schools, learning from this kind of good practice. However, in some cases it is possible that a longer period in alternative provision may be appropriate. For example, continuity can be important at key stage 4. A young person whose education has been disrupted or who has become disengaged might benefit from a longer period in AP, especially if they are responding well to this provision. Therefore, we argue, as the noble Baroness predicted, that professionals managing and delivering alternative provision, including in AP academies and free schools, are best placed to make judgments about the best time for a pupil to return to mainstream education. There should not be an arbitrary cut-off date that cannot take account of individual circumstances or that would trump the judgment of professionals who know the needs of pupils in their care.

My noble friend raised points about funding and her desire to make sure that academies and free schools are funded on a comparable basis. As she pointed out, PRUs are centrally funded within the local authority’s dedicated schools grant. When a maintained school converts to academy status, no funding for PRUs is taken from the local authority’s DSG and the academy receives no additional funding for this function. Therefore, maintained schools and academies are on the same footing in this respect. If a pupil is excluded permanently from a maintained school or an academy, the local authority is responsible for securing suitable education for them. Schools—maintained schools and academies—are responsible for securing full-time education for a pupil from the sixth day of a fixed-term exclusion. Some providers of alternative provision also provide early intervention places for pupils with behavioural issues. Local authorities and schools can agree between them how places in PRUs may be made available for pupils who are the responsibility of schools. This would include if and how the authority would charge schools for places, and we would expect them to do that on an equitable basis for all schools. With regard to safeguards on referrals by schools, I set out the position in detail in my letter of 8 September.

On the government amendments, I recognise the concerns that the noble Baroness, Lady Jones, raised about the powers contained in Clause 53. They allow us to make changes to primary and secondary legislation that we think are needed in consequence of the creation of new types of academy under Clause 52. In the light of the concerns expressed in the other place, we have drafted and tabled as many of the amendments to primary legislation as we can, and I have written to try to explain those amendments in detail.

These are complex legislative issues and I concede that we have not resolved them all. We think that we need to take a residual power to amend primary and secondary legislation by order. The exercise of that power is subject to the affirmative procedure, so both Houses of Parliament would have the chance to debate the legislation when an order was laid. There is a precedent for taking this approach—there is a much broader power to make consequential amendments in Section 265 of the previous Government’s Apprenticeships, Skills, Children and Learning Act 2009.

In addition, we have tabled minor amendments to Clause 52 of the Bill. Amendments 123A and 123B amend new Section 1A so that an academy school cannot be an alternative provision academy. Further amendments give the Secretary of State flexibility to apply legislation to this diverse sector.

Overall, as is the case for the noble Baroness, Lady Jones, we are keen to ensure that alternative provision meets the needs of the vulnerable children that it serves. It is important that funding should be on an equitable basis. With some of the assurances that I have given about the changes we are making, the funding and the Government’s intentions, I hope that my noble friend will feel able to withdraw her amendment.

Education Bill

Debate between Baroness Jones of Whitchurch and Lord Hill of Oareford

Wednesday 20th July 2011 Grand Committee

[Lord Hill of Oareford]

My Lords, we have discussed more than once in this Committee the strong international evidence that greater school autonomy helps to raise standards. We know that the work of the academies programme, set up by the previous Government, is adding to that evidence almost day by day. Traditional academies, of the sort championed by the party opposite, are securing improvements in standards well above the national average. In academies, the attainment of pupils receiving free school meals is improving faster than in other schools—all the more impressive given that academies have tended to start from a low base and operate in challenging circumstances. That is at the heart of why the Government seek to take forward the idea set out in the 2005 White Paper: to make sure that there are more autonomous schools providing greater opportunities for the children who need them most.

We set up the free schools programme to respond to parental demand for new and different school places. That has seen many more parent-led proposals for new schools than there ever were under the previous model—and, if I may say so, significant numbers of teacher-led proposals, which is a welcome development. By requiring local authorities under Clause 36 to consider academies first, we simply want to ensure that all local areas enjoy the proven benefits associated with greater school autonomy.

My noble friend Lady Ritchie is concerned that these changes will make it harder for local authority commissioners to ensure diversity of school provision and that parents should be able to choose between schools that are different from each other, whether in their ethos, their curriculum, their pedagogy or other such characteristics. However, we have already seen great breadth in the variety of schools emerging from both the academies programme and from free-school proposals. As the noble Lord, Lord Sutherland of Houndwood, rightly pointed out, our provisions acknowledge the fact that there may well not always be an appropriate academy proposal to meet the need for a new school. In those cases a local authority, with the consent of the Secretary of State, can obviously run a competition that can include all kinds of schools. If that competition does not produce an appropriate school, local authorities may publish proposals for a community school. It will also remain possible for groups to bring forward proposals for voluntary-aided schools outside the competitions process.

My noble friend Lady Ritchie was also concerned that the new process would be cumbersome for local authorities, but thanks to some of the changes made in Clause 36, such as reducing the circumstances in which a competition must be held, the time taken under our proposals to decide on the provider of a new school will be less than the 12 months it currently takes. We are keen to work in partnership with local authorities to help identify potential school providers who can respond swiftly and effectively to the need for school places that local authorities have identified.

The noble Baroness, Lady Massey, expressed concerns that the Government’s attempts to increase school autonomy may lead to an increase in extremism. I think that was her particular concern, which I understand. All groups submitting a free school application have to be thoroughly checked for their suitability to run a school as part of the approval process. Applications need to demonstrate that they support UK democratic values, including respect for democracy, support for individual liberties and mutual tolerance.

As with all other schools, each free school will be inspected by Ofsted. The department is working with Ofsted to ensure that inspectors have the necessary knowledge and expertise to determine whether extremist and intolerant beliefs are being promoted in a school. New arrangements for inspecting maintained schools, academies and free schools are being developed, and relevant training on aspects of pupils’ spiritual, moral, social, and cultural development will be provided to inspectors. All state-funded schools, including academies and free schools, must also comply with the admissions code and will be accountable to their communities for their admissions arrangements.

We had an interesting debate last night on the Statement on Building Schools for the Future, but sadly neither the noble Lord, Lord Howarth, nor the noble Baroness, Lady Whitaker, were able to be in the House for it. They have very properly raised today some of the issues that we touched on last night, which were also raised in proceedings on the Localism Bill. I agree with what the noble Baroness and the noble Lord said about the environment in which learning takes place. It must be conducive to and support education as far as possible. Good-quality buildings, classrooms and equipment are necessary for children to learn and to ensure that their school is a place where they can feel happy and secure. I recognise their points about the importance of design.

The noble Lord, Lord Howarth, in particular, asked a number of detailed questions. Rather than delay the Committee, perhaps I may write to him and to the noble Baroness and answer those questions as best I can. On the building regulations point, we said yesterday that we will consult on this in the autumn. After this Session, I shall try to pick up on the questions that I have been asked and come back on them.

As to the amendments, we are keen to ensure that unnecessarily high building and design requirements are not a barrier to new entrants to the market, including parent promoters of the new free schools. We are not keen to introduce new statutory requirements in this area, but I shall try to give the noble Lord such reassurance as I can.

The noble Baroness, Lady Howarth, asked about the role of local authorities in planning. They retain the responsibility to meet the particular needs of groups of children under Section 315 of the Education Act 1996, and we are retaining the duty on local authorities to keep under review arrangements for special educational provision in particular.

I recognise the points that have been made. At heart, what lies behind Clause 36 is the wish to bring academy solutions to parts of the country where they are not being pursued because of the benefits that they bring to children—particularly children from disadvantaged backgrounds.—and to ensure that they are able to have those advantages. On that basis, I ask the noble Baroness, Lady Jones of Whitchurch, to withdraw her objection and that Clause 36 stand part of the Bill.

[Baroness Jones of Whitchurch]

I thank the noble Lord for his interesting contribution. Is it the Government’s intention that in future all schools should become academies? I think the answer—although the Minister did not put it in these blunt terms—is yes. It was interesting that in his response to the very wide debate that we have had and the comments from around the Room he did not seem to mention parents and communities.

The Government have decided centrally that in future all schools should be academies and that local democracy does not figure in this brave new world that we are creating. That is sad because it means that all the local choice that the Government have been talking about will not exist in practice in the future. The Government are sending out a signal that high-performing maintained schools, of which there are many around the country, are being classified as second class: that they are not the current or future game in town. That is sad, because if you ask most parents around the country they would really like choice. Of course they all want high-quality, high-performing schools, but they want choice— and I do not see where choice figures in Schedule 11.

Under the current arrangements, without Schedule 11 we already have the opportunity for schools to transfer to academies and for new schools to become academies. The figures have already been quoted about how many existing and new schools are becoming academies—the process is already happening out there—and Schedule 11 adds nothing except to give the Secretary of State undue powers to instruct that this will always be the case.

I would have liked to have heard more from the Minister on the point raised by the noble Baroness, Lady Ritchie, about the expansion of the school role and communities being able to respond rapidly to and having some control over what happens in the locality.

I listened carefully to the noble Lord, Lord Sutherland, and I was slightly disappointed with what he said. He seemed to be suggesting that we should not worry because there is a loophole. I would have thought that local communities want more than a loophole; they want the right to determine what should happen in their area.

Education Bill

Debate between Baroness Jones of Whitchurch and Lord Hill of Oareford

Monday 11th July 2011 Grand Committee

[Baroness Jones of Whitchurch]

My Lords—

[Lord Hill of Oareford]

Perhaps I may respond to that point because we want to get on. We are proposing the perpetuation of the current situation. The people who are currently responsible, the local authorities and other bodies, would continue as now to be responsible. The legislative regulatory framework in terms of employment law, equality law and everything else remains in place. It is not the case that the proposed abolition of the SSSNB would change what we currently have going on. The change would have been if the SSSNB had gone ahead.

Schools: Dyslexia

Debate between Baroness Jones of Whitchurch and Lord Hill of Oareford

Thursday 23rd June 2011 Lords Chamber

[Lord Hill of Oareford]

I agree with my noble friend about the importance of input from higher education institutions. The Government are not saying that we do not believe that higher education institutions will play an extremely important part in teacher training. We are saying that, alongside that, there should be more opportunities for teachers to learn from other teachers, professionals and practitioners in the school. I very much take the noble Baroness’s point about the important role that higher education institutions play.

[Baroness Jones of Whitchurch]

My Lords, can the Minister explain what requirement there will be in academies and free schools to ensure that teachers are supported in recognising and working with children with dyslexia?

Education: Academies Funding

Debate between Baroness Jones of Whitchurch and Lord Hill of Oareford

Tuesday 21st June 2011 Lords Chamber

[Baroness Jones of Whitchurch]

To ask Her Majesty’s Government what are the implications for funding of the academy programme of reports that errors in departmental calculations have led to some academies being overfunded.

[The Parliamentary Under-Secretary of State for Schools (Lord Hill of Oareford)]

My Lords, the current system of funding academies that we inherited is overly complex and needs to be simplified. We have therefore announced a review of school funding. Where there are occasional problems of classification in the current system, we look into them on a case-by-case basis. We want a system where schools with similar characteristics are funded on an equal footing and where academies are funded on the same basis as maintained schools.

--- Later in debate ---

[Baroness Jones of Whitchurch]

I thank the Minister for that reply. Does he recognise that the overpayments that have been made are in some cases considerable, for example equating to around £300,000 per school in Hampshire? Does he agree with his noble friend Lady Ritchie, of the Local Government Association, who said last week that the overspends on academies arose,

“because the government has misinterpreted council education expenditure returns for purposes for which they were not intended”?

Can he explain how the overpayments to academies will now be clawed back? Can he guarantee that pupils in maintained schools will not be penalised by this error, and does he acknowledge that the error illustrates once again the folly of pushing ahead with policies without adequately consulting those concerned?

[Lord Hill of Oareford]

My Lords, as I said in my opening Answer, we inherited the system that we operate for funding academies and for trying to ensure that the basis of equal funding is maintained, and it is inherently complex. It has been in place since 2002 and because it is complex, sometimes the classification of returns under Section 251 leads to difficulties and some of the problems alluded to by the noble Baroness. Our aim is to make sure that funding is provided on an equal basis. Where there are problems of the sort that she mentioned, the department will look into them on a case-by-case basis and, if it is appropriate, make arrangements to claw back money or in some cases pay additional money. Sometimes, the way in which this complex system operates can lead to an academy getting less than it should. We will look at this, and I hope that the funding review of the whole system that we announced some time ago will help to address these problems and enable us to reach a sustainable solution.

Children: Parenting

Debate between Baroness Jones of Whitchurch and Lord Hill of Oareford

Thursday 19th May 2011 Lords Chamber

[Lord Hill of Oareford]

To revert to my earlier answer, I am not convinced of the need for a codification. I do not know how one would set about it or, in practical terms, the benefits it might bring. The priority should be to focus on and to help those families who most need help, rather than to draw up an approach for all parents and families, as I am not aware that there is a particular problem in most families and with most parents.

[Baroness Jones of Whitchurch]

My Lords, does the Minister agree that one of the most successful initiatives designed to help parents to understand their responsibilities was the introduction of Sure Start centres? Is he concerned about the level of cuts being imposed by cash-strapped local authorities, which is estimated to be around 22 per cent in real terms? Will his department reconsider its decision not to ring-fence the Sure Start centre grant?

Education: English Baccalaureate

Debate between Baroness Jones of Whitchurch and Lord Hill of Oareford

Tuesday 17th May 2011 Lords Chamber

[Lord Hill of Oareford]

My Lords, the international baccalaureate to which my noble friend refers, has many merits. I am not sure I would have benefited from it, because I was never very good at the science and maths bit, which it entails. I agree with him, however, that for many children it is suitable; it has many strong advocates. We are freeing up the system so that schools that want to offer the IB in the maintained sector are able to do so and that pupils can choose to study it.

[Baroness Jones of Whitchurch]

My Lords, the Minister made great play of the fact that schools should not simply staff up to cover the English baccalaureate subjects, but there is already anecdotal evidence that that is happening. What is the department doing to monitor whether that is the case and what is happening on the ground now that the English baccalaureate league tables are being sought by so many schools? And what steps will the department take where that is identified as happening in schools to discourage them from doing it in the future?

[Lord Hill of Oareford]

My Lords, in some ways, if one of the consequences was that schools needed to employ more teachers to teach modern foreign languages or sciences, it would not be a development that I would deplore. I think that many of us in this House would welcome it. If more people were employed to teach those academic subjects, I would not see it as regrettable. The noble Baroness is right that we need to monitor what is happening to make sure that the provision of teachers in STEM subjects and other subjects is sufficient. We have had a long-term problem in ensuring that we have enough and we need to try to address that. We need to monitor that. The normal statistical returns which are produced each year and inform the department’s recruitment of teachers and trainee teachers will track that, enabling us to see what is going on.

Children: Adoption

Debate between Baroness Jones of Whitchurch and Lord Hill of Oareford

Tuesday 10th May 2011 Lords Chamber

[Lord Hill of Oareford]

I very much agree with that. As we have said in previous debates and exchanges about adoption, the role of the voluntary adoption agencies is extremely important in this. One of the issues that my honourable friend Mr Loughton is looking at is encouraging the take-up of the services provided by the voluntary adoption agencies. Some local authorities seem more resistant than others to using those services. One would want to tackle that because the range of different performances from one local authority area to another is very wide. It would be good to narrow it. The role of voluntary adoption agencies in that is an important part of coming up with a solution.

[Baroness Jones of Whitchurch]

My Lords, does the Minister agree that the application of the Equality Act, far from resulting in children losing the chance of being adopted, will open up new opportunities for a much more diverse group of prospective parents to offer a stable and loving home to children in care?

[Lord Hill of Oareford]

I reiterate my point that all sides of the House would agree that having a wide number of potential adopters—those with strong religious beliefs and those without—who can help children and provide loving and stable homes for them is what we would all seek to encourage.

Education: English Baccalaureate

Debate between Baroness Jones of Whitchurch and Lord Hill of Oareford

Thursday 5th May 2011 Lords Chamber

[Baroness Jones of Whitchurch]

To ask Her Majesty’s Government what assessment they are making of the impact of the new English baccalaureate on the breadth of subjects offered by schools.

[The Parliamentary Under-Secretary of State for Schools (Lord Hill of Oareford)]

My Lords, anecdotal evidence suggests that the English baccalaureate is already having an effect in terms of opening up opportunities for pupils to take qualifications in key academic subjects. We will continue to monitor teaching, as we do at present, through the school workforce census, which will collect information annually on the subjects being taught by all teachers in maintained secondary schools. We will also be examining trends in GCSE entries.

[Baroness Jones of Whitchurch]

I thank the Minister for that reply. Can he explain the process by which the core subjects in the English baccalaureate were put together at the expense, as some see it, of other equally merited academic subjects? Is he aware that schools are now putting pressure on pupils to focus on those English baccalaureate subjects regardless of their aptitude, so that the school will perform well in the new league tables? If he agrees that pupils should not be shoe-horned into those narrow curriculum choices, what is the department doing to ensure that they are given a broad range of curriculum options and can flourish and excel at subjects they enjoy?

[Lord Hill of Oareford]

I agree with the point that children should not be shoe-horned into choices that are not appropriate for them. I think that everyone would accept that children are different, that there is no right way for any particular children and that vocational options as well as academic options should be fully available. It would be wrong if schools were forcing children to do things that were not right for them or were forcing them to change subjects halfway through their course. The point of the English baccalaureate is to try to make sure that a number of key academic subjects are available to as many children as possible. If one starts at the point that what one wants to do is to get children from all backgrounds, particularly from poor backgrounds, to get to university, and to keep those options open to them, the subjects in the English baccalaureate are the kinds of subjects that will help those children to progress to A-level and from A-level to university. The correlation between the subjects that the Russell group has said that it would look for and the subjects in the English baccalaureate is very close.

Schools: Curriculum and PSHE Reviews

Debate between Baroness Jones of Whitchurch and Lord Hill of Oareford

Wednesday 27th April 2011 Lords Chamber

[Lord Hill of Oareford]

I am not sure that any of those developments would have an impact in the way that my noble friend implies. The requirements on schools, whether they are free schools, academies or maintained schools, are not changed in any regard by any of the reviews that are currently being carried out.

[Baroness Jones of Whitchurch]

My Lords, does the Minister agree that once again Michael Gove has jumped the gun by changing the school league tables to reflect the new English Baccalaureate subjects before the curriculum review, which might have recognised the vital importance of PSHE, has been completed?

[Lord Hill of Oareford]

I do not, my Lords. There are two separate processes at work. The national curriculum review is rightly a process that we are working through to look at which subjects should be in the national curriculum. The English Baccalaureate review was to provide us with a snapshot of what is already going on in schools. The English Baccalaureate is not compulsory in the way that some elements of the national curriculum will be, and they demonstrate different things.

The desire to introduce the English Baccalaureate quickly was driven by our concern that too many children, particularly children from poor backgrounds, are being denied the opportunity to study academically rigorous subjects. I am sure the noble Baroness will know how wide the discrepancy is between children on free school meals and children not on free school meals in terms of their current study of what some people would call rigorous academic subjects. Four per cent of children on free school meals study the English Baccalaureate subjects as opposed to 17 per cent on non-free school meals. I do not think that is acceptable. Highlighting the issue and making people realise that there are these discrepancies will help give children from poor backgrounds, in particular, the opportunity to have academic subjects taught to them, which in turn will help them get into universities, which I know is a goal we all share.

Education Maintenance Allowance

Debate between Baroness Jones of Whitchurch and Lord Hill of Oareford

Monday 7th March 2011 Lords Chamber

[Baroness Jones of Whitchurch]

To ask Her Majesty’s Government how many young people they estimate will be affected by the cancellation of the education maintenance allowance.

[The Parliamentary Under-Secretary of State for Schools (Lord Hill of Oareford)]

My Lords, the EMA is currently paid to 45 per cent of 16 to 18 year-olds in full-time education at a cost of £560 million a year. Research commissioned by the previous Government showed that about one in 10 of those receiving EMA would not have continued in learning without it. We are currently considering the replacement arrangements with the aim of targeting support more closely on those facing the greatest financial barriers to participation.

[Baroness Jones of Whitchurch]

I thank the Minister for that reply. Is he aware that some colleges have estimated that up to 50 per cent of young people will have to leave post-16 education when the EMA payments stop, thereby joining the growing ranks of those not in education, employment or training? Has the department considered the economic and social impact of this? Would it not have made more sense to finalise the details of the new discretionary scheme before announcing the end of the EMA, to minimise the upset and uncertainty that many young people who do not know whether they will qualify under the new scheme are feeling?

[Lord Hill of Oareford]

On the noble Baroness’s second point about sequencing, I accept the force of her argument. As she will know, the Government were confronted with a situation where they had to take urgent decisions rapidly because of the scale of the deficit, and we took those decisions first. I take her point, but we acted in the way that we did because we needed to start cutting the deficit quickly. On her first point, I am aware of the views of many principals of sixth-form colleges and young people, who have expressed concerns to me about the loss of the EMA. The noble Baroness referred to 50 per cent; I come back to the research commissioned by the previous Government which looked at the impact and stated, consistently across two or three pieces of work, that about one in 10 said that they would not have carried on. We will target the arrangements we work out on those who need help most, because I accept that we need to ensure that the children who face the greatest barriers get help to carry on in education and training.

Children: Policy

Debate between Baroness Jones of Whitchurch and Lord Hill of Oareford

Monday 14th February 2011 Lords Chamber

[Lord Hill of Oareford]

Those kinds of priority targets relate very much to the groups of people that the Government will want to ensure get the support they need. So far as concerns children with special educational needs, the noble Baroness, Lady Howe, will know that my honourable friend Sarah Teather will shortly be bringing forward a Green Paper on special educational needs and disability, and that will be an opportunity to make sure that those services are provided.

[Baroness Jones of Whitchurch]

My Lords, does the Minister agree that good parenting skills are crucial to giving young people the best start in life? Does this not underline the need for schools to teach these skills as part of the core curriculum?

[Lord Hill of Oareford]

I agree very much with the noble Baroness about the importance of parenting and early years. School has an extremely important part to play. As she will know, the department is carrying out a review of PSHE, and that will provide us with an opportunity to look at the whole range of educational services delivered as part of PSHE.

Children: Commercialisation

Debate between Baroness Jones of Whitchurch and Lord Hill of Oareford

Thursday 10th February 2011 Lords Chamber

[Lord Hill of Oareford]

I agree entirely; that was part of my earlier point about treating adults like children and children like adults. Part of what one can do around vetting and barring and making it easier for adults to become involved as volunteers is not to start from the standpoint that they are all potential abusers of children. That is an extremely important part of it. I agree with the noble Baroness.

[Baroness Jones of Whitchurch]

Does the Minister agree that the market for children’s spending is so lucrative that the media cannot be relied upon to police themselves and that the Government may well have to intervene further on the content of adverts and programmes on television before the 9 pm watershed?

[Lord Hill of Oareford]

These are important issues, and the Bailey review will look across the piece at all of them, as they are connected. As the noble Baroness, Lady Jones, will know, the Government’s basic approach is to prefer, as a first step, to operate through agreement and self-regulation, but I entirely accept that if that does not work there is always a statutory step as a back-up. All those options are open to Mr Bailey to recommend to the Government.

Protection of Vulnerable Groups (Scotland) Act 2007 (Consequential Modifications) Order 2011

Debate between Baroness Jones of Whitchurch and Lord Hill of Oareford

Tuesday 25th January 2011 Grand Committee

[The Parliamentary Under-Secretary of State for Schools (Lord Hill of Oareford)]

My Lords, I formally welcome the noble Baroness, Lady Jones of Whitchurch, to her new post. I look forward to working with her as I did with her predecessor, the noble Baroness, Lady Morgan of Drefelin, on issues such as today’s debate and more generally.

The order makes amendments to support new vetting arrangements in Scotland that were created under the Protection of Vulnerable Groups (Scotland) Act 2007, to which I will refer from now on as the 2007 Act. Scottish Ministers have recently announced that their new scheme will be launched on 28 February 2011. The order is required to help them with the successful operation of their new arrangements and to make sure that we have the sharing of information across borders. Specifically, the order will enable the Independent Safeguarding Authority to provide information to Scottish Ministers for the purposes of their functions under the 2007 Act, and makes a necessary amendment to the Data Protection Act 1998.

This instrument focuses on amendments to the Safeguarding Vulnerable Groups Act 2006 and, as I said, the Data Protection Act 1998. The changes that the order would make to both pieces of legislation are of a technical nature and are being sought so that the scheme created under the 2007 Act can commence as intended, with effect from 28 February.

If I may, I will say a few words about the scheme created under the Safeguarding Vulnerable Groups Act 2006, which would apply in England and Wales, which is commonly referred to as the vetting and barring scheme. Last May, the Government stated their intention to,

“review the criminal records and ‘vetting and barring’ regime and scale it back to common sense levels”.

On 15 June last year, the Home Secretary announced that the intended start to registration would be halted so that the scheme could be reviewed with the aim of making it more proportionate. On 22 October 2010, we announced the terms of reference for the review of the vetting and barring scheme, alongside those for the criminal records review. I am aware that many noble Lords will be keen to know the outcomes of these reviews and I can confirm that the Home Secretary will announce those outcomes very soon. This announcement will propose changes to both the vetting and barring scheme and criminal records regimes, but I am afraid that today I am not able to provide more details or pre-empt the Home Secretary’s announcement.

I would like to make clear that the changes this order makes do not affect the review of the vetting and barring scheme and should not be seen as an indication of any changes to vetting practices within England and Wales. We do not wish to interfere with the wishes of the Scottish Government to proceed with their scheme as planned and so we are making these changes to existing legislation solely to ensure that there are no barriers to the launch of their scheme on 28 February.

Turning to the detail of the order, noble Lords will note that it makes amendments to two Acts of the Westminster Parliament. The first deals with the provision of information by the Independent Safeguarding Authority, otherwise known as the ISA, to Scottish Ministers for the purpose of their functions under the 2007 Act. The second relates to an amendment to the Data Protection Act.

The ISA has, since 2009, been the central body responsible for the barring of unsuitable people from prescribed work with children or vulnerable adults across England, Wales and Northern Ireland. The work of the ISA is focused on making decisions as to the suitability of certain prescribed individuals to work with vulnerable groups and barring those for whom there is a strong indication that they pose a risk to those groups. Its work involves a combination of considering referrals from bodies such as employers, local authorities and voluntary organisations, and looking at those individuals for whom there are grave concerns. It also holds the responsibility for the barring of individuals who have been either convicted or cautioned for a limited range of serious offences.

It is worth emphasising that the decision-making powers of the ISA extend only to England, Wales and Northern Ireland. A separate body, Disclosure Scotland, an executive agency of the Scottish Ministers, has responsibilities for barring decisions in Scotland. The legislation in each of the home territories recognises the bars imposed in the others. However, in order to ensure that the decision-maker in the relevant jurisdiction has all pertinent information available to it, it is vital that the ISA and Disclosure Scotland are each able to make relevant information available to the other where necessary.

This order therefore makes it possible for information relevant to the barring process, which the ISA has gathered, to be shared with Scottish Ministers. This sharing of information cross-border is necessary for the effective working of the Scottish scheme and, particularly in light of mutual recognition of bars, we believe that it is right for the ISA to provide Scottish Ministers with this information.

The second provision, the amendment to the Data Protection Act 1998, extends the current protection that Section 56 of this Act gives to individuals by covering records held under the 2007 Act. This will, for example, protect individuals who have obtained criminal records data under the 2007 Act from Scottish Ministers by use of a subject access request from being forced to reveal that data to an employer. As such, this is an important safeguard which is already in place in relation to the barring schemes in England and Wales and in Northern Ireland and we support the amendment which will give individuals in Scotland the same protection.

The order is drafted so that it would come into force on the day after the day on which it is made. If Parliament approves this order, we intend to have the order come into force in time for the launch date of the Scottish 2007 Act scheme. While the changes this order brings are of a technical nature, it is important that we do not stand in the way of the devolved Administrations exercising their right to govern in accordance with their stated wishes. It is in that spirit that I commend this order to the Committee. I beg to move.

[Baroness Jones of Whitchurch]

I thank the Minister for his kind wishes and look forward very much to working with him constructively in the future. I thank him, too, for his explanation of the technical nature of the order and the purpose behind it.

The order builds on the important legislation introduced by the previous Government across the UK in response to the Bichard inquiry, which followed the tragic murders in Soham in 2002. As we heard, the Protection of Vulnerable Groups (Scotland) Act 2007 was Scotland’s response to the recommendation for a registration scheme for those working with children and vulnerable adults. We fully support this consequential order and the intentions behind it. Again, I understand that the Minister has underlined its technical nature and that some of the changes and information we request might be more pertinently directed to the Home Secretary when further announcements are made after the review.

In advance of that, I have two questions that the Minister may be able to answer today. First, given the enormous sensitivity of the information contained in the children’s and adults’ barred list, what steps are in place to guarantee the confidentiality of the information provided by the Independent Safeguarding Authority and Disclosure Scotland to Scottish Ministers? Secondly, how is it proposed to store the information? I am sure the Minister will be aware of the stories that blight all Governments about such sensitive information going astray. I would be grateful if he would confirm that proper protection is in place for the storage of that information.

Secondly, the regulatory impact assessment refers to the need for a post-implementation review to measure the time taken to process applications. As the Minister will know, this has been an ongoing source of frustration, particularly for those applying for jobs working with children. It is also potentially frustrating for volunteers who find that their attempts to help out with fairly simple tasks in schools and youth clubs are put on hold while their applications are processed. It may be that the Home Secretary can comment on this, but in advance of that, can the Minister say whether there is anything in the order that might lead to further delays in processing these applications?

Breaks for Carers of Disabled Children Regulations 2011

Debate between Baroness Jones of Whitchurch and Lord Hill of Oareford

Tuesday 25th January 2011 Grand Committee

[The Parliamentary Under-Secretary of State for Schools (Lord Hill of Oareford)]

My Lords, although this instrument marks an important step forward in helping to provide breaks for the carers of disabled children, I am very conscious that this Government are following in the footsteps of the previous Government and of those, many of them in this House—particularly the noble Lord, Lord Rix, whom I am pleased to see, and of course my noble friend Lady Walmsley—who I know have campaigned tirelessly for many years to advance the rights of disabled children. Therefore, it is only right that I should start by paying tribute to all those whose work has led us to this point and to what I hope will be agreement on the next practical step forward.

We know that many in our House speak with huge authority on this subject, as well as from personal experience. I have neither of those qualifications, but it is impossible to listen to them and to the experiences of others and not understand that for many families a short break is almost literally a lifeline. At the very least it provides the opportunity to do the kind of things that most of us are able to take for granted.

The Children and Young Persons Act 2008 amended the Children Act 1989 in order to ensure that short breaks were placed on a statutory footing for the first time. These regulations are being made in order to provide further detail to local authorities about how that duty must be performed. Not only do they set out clearly the range of short breaks that must be offered by local authorities but they also require local authorities to have regard to the needs of different types of carers and to make all that information available to parents and carers. This is, we think, an important step along the road towards better support for the families and carers of disabled children, and I believe it is for that reason that the proposed regulations have been warmly welcomed by the organisation Every Disabled Child Matters.

Short breaks do not, of course, just provide parents and carers with a chance to have some time to do something else; they can also provide an opportunity for disabled children to spend time with a different adult or with children of their own age, helping them to feel more independent or learn something new. That is why we have been clear in these regulations that short breaks should be offered to parents not just as an emergency intervention when things have got really bad but as a way of providing support more generally as part of a package of things to make life a little more tolerable.

However, what seems to have become clear over the years is that short breaks benefit families only if they genuinely provide respite. It is no good, for example, offering a child an hour at a specialist group every week if it is a three-hour round trip to get the child there in the first place and the parent has to sit in the car during the break because it is too far from home to drive back. It is no good either if the only break offered is during the week or if the child’s parent is fine during the week but struggles to cope during school holidays.

That is why it is so important that these regulations are clear that a range of breaks must be in place at different venues and at different times of the day, week and year. I am sure that noble Lords will agree that the service would be meaningless without the flexibility for breaks to be matched to the needs of those families in the local authority’s area. I believe that in most areas parents are beginning to have more of a say about the kind of breaks which really make a difference for them and, crucially, their children, with the result that we are seeing the introduction of all sorts of new breaks.

In addition, Together for Disabled Children, which supports the delivery of short breaks in local areas, reports that there is a link between good engagement by parents in the design of the service and value for money. That is one reason why we have said that we want local authorities to provide information to parents about the services available and to consult them about those services. The short breaks services statement will mean that many more parents can see what is on offer and challenge their local authority where they do not think that the offer is good enough.

The Government are also clear that, in providing a short breaks services statement, local authorities will need to make an assessment of local needs and what local parents want. We know that the opportunities and offers will be different in different areas, and we want local authorities to continue reflecting this in what they offer to disabled children and their parents.

I know that noble Lords will be aware that in December the Department for Education announced that through the early intervention grant it would make more than £800 million available to local authorities over the spending review period for the provision of short breaks. That funding marks an increase from this year and will increase modestly in each year of the spending review. I know that there are questions, to which I am sure we will come, about the ring-fence, but I am sure that noble Lords will agree that in a difficult economic climate this increase is an earnest of our intent and a sign that we are keen to build on the good progress made by the previous Government.

The Department for Education will also publish guidance to accompany these regulations. We are working with a group of local authorities to produce practice guidance, which will provide local authorities with more detail about these regulations, as well as provide good examples of where services have been well received. The guidance document will be published as soon as possible once these regulations have been made. I am sure there will be broad agreement on the importance of providing this detail to local authorities. We believe that these regulations will help to ensure that short breaks services are an important part of the support available to carers and parents of disabled children. I beg to move.

[Baroness Jones of Whitchurch]

My Lords, I thank the Minister for his explanation of the purpose behind the regulations. As he acknowledged, the issue of breaks for carers was taken extremely seriously by the previous Government, which set out the groundwork for these regulations in the Children and Young Persons Act 2008 and set in train a major investment in support for disabled children through the aiming high for disabled children programme. Our main concern now is to ensure that the progress, the investment and the momentum created by the previous Government are maintained.

The whole issue has come to the fore in the very sad case reported in the press last week of Riven Vincent, who has asked her local authority to take her severely disabled child into care as she can no longer cope because of the lack of respite care. Although this single case has hit the headlines, we can be sure that many other parents are struggling with similar crises in their lives. It is therefore vital that we get the provisions right and relevant to meet the known needs of the estimated 700,000 disabled children in England.

The Government have changed the original intent of the legislation in a number of key ways, including: removing the ring-fencing of the funds, to which the noble Lord has already referred; the monitoring and assessment via the children and young people’s plan; and granting greater autonomy to local authorities to interpret their responsibilities in this area. I hope that the Minister will be able to reassure me that the priority for breaks for carers envisaged in the Act will be maintained.

I have a number of questions for the Minister. First, the department’s own impact assessment states:

“We consider that where LAs indentified and funded their own delivery support, only high performing LAs would continue to improve, leaving a mixed picture of services for families in need”.

Can the Minister reassure me that there will be a comprehensive breaks service across the country rather than the rather patchy service suggested by his department?

Secondly, there was considerable pressure on local authorities to prepare for the duty that would have come into force in April 2011, and a great deal of progress has been made. Can the Minister give an assurance that the Government’s new emphasis on local autonomy will not let local authorities off the hook, so that they are forced to give this issue priority rather than responding to vocal local pressures from electors to fund other issues?

Thirdly, how will the Government monitor progress? What information will be collected centrally and how will the quality of local services for the carers of disabled children be assessed?

Finally, how will the Government ensure that the needs of the most vulnerable families are protected, given that disabled children are much more likely to live in poor housing and be in the lowest income groups? For example, children from BME families are the least likely to access the services currently available. Is there not a danger that services will be provided only to those who shout the loudest and not to those who are the most vulnerable and least able to stand up for themselves and argue for provision in their area?

I hope that the Minister will be able to reassure me on these points.

--- Later in debate ---

[Lord Hill of Oareford]

I am grateful for the comments made and for the general welcome for the detail of the regulations. I am glad to have had the endorsement of the noble Lord, Lord Rix, and I am grateful to my noble friend Lady Walmsley for her typically probing and detailed questions, some of which I will have to come back to, if she will allow me. I will circulate the letter to those who have an interest in the matter as she raised important questions about monitoring.

There is broad agreement and I am happy to respond to the noble Baroness, Lady Jones of Whitchurch, who said that she wanted reassurance that we will build on the momentum that has started and the work that the previous Government have done. I accept fully the point that as arrangements bed down, we will want to ensure that they work well on the ground. The ring-fence has concerned many. There is a tension operating between wanting to give local authorities more freedom to provide services that they think are best, and which best match the needs of local people. We need to bear in mind that the needs of carers in a sparse rural area like Cornwall will be different from those for families in more dense urban areas. We are keen to have flexibility, and it flows from there that we want to give that discretion to local authorities.

I hope to provide some reassurance that there is a statutory duty on local authorities to provide those services. On the publication of the statements, I agree with my noble friend that a website is one way of disseminating information but not the only one. Generally, we will all in our different ways want to make sure that people are aware of their rights and the opportunities open to them. I hope that the provision of information and the shining of a spotlight will bring healthy pressure to bear on the providers of services and make sure that they are of high quality. I accept that we need to keep a careful eye on that. It is not enough just to construct a system, but not see how it operates in practice. We will all have a common interest in pursuing that.

My noble friend Lady Walmsley asked about guidance which will be published very soon. The department has been working on it with local authorities and, as part of the guidance, two local authorities have come up with a draft statement of the services that they provide, which we will disseminate widely. One of the arguments in having a non-statutory approach to the guidance is that one can keep it flexible and keep updating it to take account of circumstances on the ground. Services will develop and we can learn from best practice in different parts of the country. We want to keep things flexible to make sure that those lessons are learnt.

On the point about the obligation and duty on local authorities, Regulation 5 requires local authorities to have regard to the views of carers. The guidance will deal with questions of quality. Overall, I welcome the points made about the benefits of these regulations. Some of the broader concerns raised about how things will work out in practice I accept and understand, and we will work to address them.

I will follow up any specific points that I have not addressed and circulate the responses but I hope that, given the support that these regulations have received from voluntary groups and those concerned in this area generally, the Committee will approve them. I have great pleasure in commending them to the Committee.

[Baroness Jones of Whitchurch]

Before the Minister sits down, I hope that I may gently press two points that I raised. He may wish to reply to them in writing but I would certainly like an answer at some point. First, if we are not careful, those who provide a good service at the moment will carry on providing a good service and those who do not will carry on providing not such a good service. I am not sure where the impetus is for the new scheme to raise standards across England. Where is the impetus to raise standards across the board? There is a danger that we will carry on having unfair distribution.

Secondly—I ask this question in innocence as much as anything because I do not know the answer—how will the £800,000 be monitored? Will there be a mechanism in place to see how a local authority spends it? Is there any mechanism in place to identify what proportion of the money actually goes into breaks for carers, or are the Government just relying on the good will of local authorities to follow up their statutory duty?