Education (Guidance about Costs of School Uniforms) Bill

Debate between Baroness Lister of Burtersett and Baroness Berridge

Friday 16th April 2021 Lords Chamber

[The Parliamentary Under-Secretary of State, Department for Education and Department for International Trade (Baroness Berridge) (Con)]

My Lords, first, I thank the Delegated Powers and Regulatory Reform Committee for its detailed examination of the Bill. Both the committee and my noble friend Lord Blencathra have raised some noteworthy points about the importance of parliamentary scrutiny. I thank him for his mild praise and mild criticism of the response of the Department for Education.

Although the Government do not agree that the amendment tabled is the right approach in this instance, I reassure the Committee that the Government agree that guidance should not be used to circumvent scrutiny and should only be used where it is proportionate.

I welcome the approach that the honourable Member for Weaver Vale took when drafting this Bill. It is done in a straightforward and sensible way to ensure that our approach can be flexible to adapt to the sector’s needs. There is a great deal of support for this Bill, as noble Lords have outlined this afternoon, because of the importance of affordable school uniforms for families.

The amendment before the House would require the uniform guidance to be laid before Parliament with it only coming into force by an order subject to the negative resolution procedure. However, that process is better suited to a broader and more controversial set of provisions. The approach taken by the Bill is appropriate for this narrow and uncontroversial issue and standard practice for issuing statutory guidance to enable the Government to provide swift and helpful guidance to the sector.

On the points raised by my noble friend Lord Blencathra and the noble Lord, Lord Watson, this guidance will play a significant role for schools when they are determining their uniform policies. The Bill requires the appropriate authorities of relevant schools to have regard to the guidance when developing and implementing their uniform policies. This is standard legal wording used to describe the duty to follow statutory guidance. The crux of this phrasing is that schools must have a good reason if they wish to depart from this guidance and they cannot choose to ignore it. Nevertheless, this does not mean that the guidance requires the level of parliamentary scrutiny which my noble friend’s amendment would require. Indeed, the approach taken in the Bill is not inconsistent with our wider approach to statutory guidance.

I assure noble Lords that the Department for Education produces a large amount of detailed and technical statutory guidance to support schools and the wider education sector which is not subject to parliamentary scrutiny. No other piece of statutory guidance published under the provisions of the Education Act 1996 is subject to the level of scrutiny which my noble friend’s amendment would require. It is important that such guidance is responsive to the needs of the sector and can be updated rapidly to keep pace with events. There is nothing to prevent Parliament from scrutinising guidance at any time.

This Bill is simple and straightforward, as is often the case with Private Members’ Bill. However, it does not follow that, just because a Bill is small and deals exclusively with a certain type of guidance, that guidance should therefore be subject to parliamentary procedure. I do not believe that the subject matter of this Bill indicates that it requires additional scrutiny, as it is one which is narrow in scope and on a subject of broad consensus.

The Bill is clear that the guidance issued under it is specific and limited in scope. It relates to one element of a school uniform policy which needs to be addressed—namely, the cost. It is not the only piece of guidance which a school will consider when developing its uniform policy. It will be used in conjunction with other pieces of guidance, such as the current non-statutory guidance and the Keeping Children Safe in Education guidance. It is other documents which provide broader or more comprehensive guidance, such as codes of practice, which are often—but even then not always—subject to the negative procedure.

As has been exhibited this afternoon, there has been a remarkable amount of cross-party support for this Bill. The Government have welcomed the valuable and considered debate during the passage of the Bill so far, and we have been keen to take into account the views raised in Parliament in developing the statutory guidance. During debates on this Bill, there has been consensus about the key issues to be covered in the guidance: namely, the use of branded items; the role of single suppliers; and the overwhelming support for second-hand uniform. Even when there is a difference of opinion on the detail, it is understood across the House that these issues are key to meeting the aims of this Bill and ensuring that parents do not struggle to meet the costs of school uniforms.

I reassure the Committee, and especially my noble friend Lord Moynihan, that the Government have clearly set out our position on school uniform and the proposed content of the statutory guidance for the House during this legislative process and that this is a matter of public record. Furthermore, at Second Reading of this Bill, I committed to sharing a draft of the statutory guidance. On Tuesday, it was shared in the Libraries of both Houses so that Members could have sight of it—I double-checked that we have called it the “draft guidance” not the “daft guidance”.

I hope all noble Lords will agree with me when I say that the draft statutory guidance already takes into account the views which have been raised by all those involved in the debate so far. It provides a clear framework for schools which enables them to take decisions in the light of their local context and circumstances. I assure all noble Lords that we will continue to engage with parliamentarians and key stakeholders before we finalise the guidance, to ensure that it is as clear and helpful as possible. This of course includes talking to schools and parents, to ensure that the views of those affected by the guidance have been fully considered. As part of those discussions we will also explore the different measures that can practically be implemented, and we will use this feedback to inform the implementation timetable, which will then be included in the final statutory guidance. My noble friend Lord Moynihan will, I believe, have an opportunity on Monday to talk in more detail about the Children’s Minister issue at Oral Questions.

As I have previously stated, subject to Royal Assent and the completion of the aforementioned stakeholder engagement, I hope to be in a position to issue the guidance in Autumn 2021, at which point the department will ensure that all affected schools are aware of the new guidance. While schools will not be required to make sudden changes to their uniform policy for September 2021, we would expect them to start thinking about the changes that they may need to make once the guidance is issued, and potentially introduce some of the more straightforward measures quickly, such as clarifying in their published school uniform policy whether an item is optional or required, so that parents can begin to see some of the benefits quickly. I hope that this has clarified the position for the noble Lord, Lord Watson.

The noble Earl, Lord Clancarty, asked for reassurance that the Bill will not affect a school’s right to decide whether they have a uniform. I can reassure him on that. It is for a school’s governing body or academy trust to decide whether there should be a school uniform policy at all and, if so, what it should be. This Bill will not change that, but, as the draft statutory guidance makes clear, a school should consider the cost implications if it decides not to have a uniform.

On the question from the noble Baroness, Lady Bull, by “minimum” in the guidance, we mean the smallest number possible.

I would also like to reassure the noble Earl, Lord Clancarty, on his point about the cost of additional uniform items. The draft statutory guidance is clear that, when designing a PE kit, for instance, we want schools to apply the same consideration to cost as they do for the rest of the uniform. Regarding extra-curricular activities, schools should avoid requiring parents to purchase additional uniform and instead use items which are already required as part of the PE kit or everyday classroom wear. No child should feel unable to participate fully in PE, or represent their class or school, because the required uniform is too expensive.

Many noble Lords, including my noble friend Lady Altmann, raised the issue of pupils not complying with a school’s uniform policy. Let me be clear that this is a matter to be resolved by the school. We expect schools to ensure that parents and pupils are aware of the school uniform expectations and the sanctions that will be imposed for persistently failing to comply with the school uniform policy. School leaders are best placed to determine whether non-compliance is likely to be as a result of financial hardship and to resolve the issue in a way that is supportive of the affected families and does not deny the pupil an education on the grounds that they are not wearing the correct school uniform. As I have outlined, the PE kit is covered by the statutory guidance.

In response to comments, particularly from the noble Baroness, Lady Wheatcroft, about single supply arrangements, schools should be able to demonstrate that they have obtained the best value for money in their supply arrangements, but we do not intend to ban single supplier contracts. To ensure that there is competition and transparency, we want schools to regularly tender their school uniform contracts, and our draft statutory guidance is clear that exclusive single supplier arrangements should be avoided unless regular tendering competitions are run in which more than one supplier can compete for the contract. The period stated in the guidance is at least every five years. This approach will not diminish the value that sole suppliers can offer; often, they can ensure year-round supply, allowing the supplier to provide a full range of sizes and securing economies of scale.

I assure the noble Lord, Lord Watson, that the draft statutory guidance provides information for schools on what they should consider when they are tendering their school uniform supply contracts. The department provides guidance on procurement for schools. In finalising the statutory guidance, we will continue to engage with stakeholders, as I have said, to ensure that the framework in the guidance supports competition and transparency in the operation of single supplier contracts.

The noble Earl, Lord Clancarty, asked the interesting and most basic question about what a school uniform is. Most people understand that school uniform is the specific clothing that a school requires its pupils to wear, which is why it is important that now, under statutory guidance, it will have to be published on the school website so that parents will know to exactly what the school is referring.

In answer to a further question from the noble Baroness, Lady Bull, the Bill does not cover all aspects of school uniform. It covers only cost, so that is why the mandatory language of “should consult parents” is used in this guidance on costs and the language of encouragement is used for other aspects of uniform covered by the non-statutory guidance. There was a reason behind the change of language in the guidance.

The noble Lord, Lord Watson, and others asked about school uniform grants. Rather than subsidising expensive uniform policies by providing uniform grants, which sometimes happens, we should focus on making school uniform affordable for all families by issuing statutory guidance. However, we would not want to prevent local authorities continuing to offer help with uniform costs in cases of financial hardship or schools offering support where they choose to do so.

It was encouraging to hear many noble Lords, including my noble friends Lord Blencathra and Lord Flight and the noble Lord, Lord Blunkett, talk about the importance of second-hand uniform. It is encouraging to see the internet and a number of apps inspiring a market in second-hand clothing generally, including school uniform.

I thank my noble friend Lord Blencathra for meeting me and Nick Gibb, the Minister for School Standards. It was interesting to reflect on how we have arrived, after five years, at the brink of the end of a Session, and to hear of all the parliamentary sitting time that has been lost in the Commons and the Lords to the pandemic.

I thank all noble Lords for their contributions today. The Bill will help families across the country. I hope that my noble friend Lord Blencathra will not press this amendment to a vote in the light of the points I and many other noble Lords have made about the Bill’s importance to families.

[Baroness Lister of Burtersett (Lab) [V]]

My Lords, I thank the noble Lord, Lord Blencathra, for his amendment. It will be no surprise to him that I do not support it but, like many noble Lords, I have a lot of sympathy with the wider principle about parliamentary scrutiny to which it speaks. It is very important. However, for the reasons given by the Minister and others, I do not think this is the appropriate Bill with which to put a flag in the sand to ensure that that principle is achieved. The Minister gave various reasons for that, with which I agree.

When one reads the guidance, it is difficult to see it being turned into the language of statutory instruments. In the cause of accessibility, it is much better presented as guidance. That said, by tabling the amendment, the noble Lord has ensured that the draft guidance has been made available to Peers and parliamentarians generally and that we have had this debate today. That is to be welcomed; I welcome it and thank the noble Lord for ensuring that it happened. We have heard some very helpful comments on the draft guidance and a very full response from the Minister, which I found extremely helpful and look forward to reading more closely in Hansard.

Free School Meals: Food Parcels

Debate between Baroness Lister of Burtersett and Baroness Berridge

Thursday 14th January 2021 Lords Chamber

[Baroness Berridge (Con) [V]]

My Lords, we are indeed considering the first part of the national food strategy. We expect part two to be with us, potentially, later this month and the Government have made a commitment to respond to it. We will be carefully considering that suggestion, but it must be borne in mind that there is a long taper for benefits with the universal credit system, rather than a cliff edge. There is data available that suggests that half the school population would then be eligible for free school meals, including some from households in receipt of income in excess of £40,000 a year. We need to consider carefully whether those suggestions are the best use of public funds.

[Baroness Lister of Burtersett (Lab) [V]]

My Lords, returning to my noble friend’s Question, one parent described their treatment as “humiliating”. They asked: “Why should you decide for us? Why not give us the money?” That, in the words of an academic expert, is the best way of ensuring that families are supported with dignity, respect and freedom of choice. Why not give parents the money? Do the Government not trust them?

[Baroness Berridge (Con) [V]]

My Lords, of course the Government trust parents. That is why we have given schools these options of how to deliver this. If there is any complaint about their treatment, parents should raise that with the school. There are also further avenues for them to make representations. However, as I have outlined, schools do not want to deal with distributing cash to parents, particularly during the pandemic. That is why a local or national voucher system is by far the best option for monetary support, rather than cash.

Covid-19 Summer Food Fund

Debate between Baroness Lister of Burtersett and Baroness Berridge

Wednesday 17th June 2020 Lords Chamber

[Baroness Berridge [V]]

My Lords, there are many cross-government meetings and initiatives to ensure that children’s situation is in the sight of the Ministers who need to have it. That is why, during the crisis, we have also made £3.2 billion of funding available to local authorities. On the ground, it is often the local authorities that are aware of the acute needs of their communities.

[Baroness Lister of Burtersett (Lab) [V]]

My Lords, the Secretary of State said yesterday, “We will ensure that no child will go hungry”, yet thousands of children subject to the “no recourse to public funds” rule will still go hungry, either because they are not covered by its recent welcome easing or because of confusion of the ground over which children subject to the rule are now eligible for free meals. Can the Minister please undertake to look into this and get back to me?

Free School Meal Vouchers Scheme

Debate between Baroness Lister of Burtersett and Baroness Berridge

Wednesday 10th June 2020 Lords Chamber

[Baroness Lister of Burtersett]

To ask Her Majesty’s Government what assessment they have made of the impact on children in poverty of not providing the free school meal vouchers scheme during the summer holidays.

[The Parliamentary Under-Secretary of State, Department for Education and Department for International Trade (Baroness Berridge) (Con) [V]]

My Lords, the Government remain committed to ensuring that the most disadvantaged children continue to be supported while schools remain closed. The free school meal vouchers system has seen more than £139 million-worth of voucher codes redeemed into supermarket vouchers by families and schools as of Monday. This provision is ordinarily about providing healthy meals for children in school. As such, as schools close for the summer holidays, this scheme will come to an end.

[Baroness Lister of Burtersett (Lab) [V]]

My Lords, exceptional times require exceptional measures. Food insecurity among children has doubled under lockdown, yet DWP has provided no extra money for children. For all their inadequacies, free school meal vouchers have been a lifeline for low-income parents struggling to feed hungry children. The holiday activities fund mentioned yesterday by the Secretary of State will reach only a tiny fraction of them. In view of the Children’s Commissioner’s criticism that the decision lacks compassion and is “exceptionally short-sighted”, can the Minister explain why if Wales can provide this most basic support for children in poverty during the school holidays and more generously England cannot?

[Baroness Berridge [V]]

My Lords, the provision through the free school meal vouchers system is at a higher rate than what is normally provided to schools to provide free school meals, due to the recognition that families do not have the economies of scale of schools. On additional support to families, the noble Baroness will probably be aware that during this period there has also been an uplift to universal credit and to working tax credits, such that there is an advantage of just over £1,000 a year, which affects 4 million households. This is considerable support to families who, as we recognise, are struggling to feed their children.