Education Bill

Baroness Massey of Darwen Excerpts

Monday 11th July 2011 Grand Committee

[Baroness Garden of Frognal]

My Lords, it may help the Committee if I speak at this stage. According to the news, this guidance appears to be coming out at the same time that we were discussing these matters in Grand Committee. But this consultation ended in May, so the guidance has been published on the back of that. It relates to the current law, not the legislation before us at the moment. Again, the timing seems curious, but it is a consequence of it referring to another law rather than the Bill.

Let me speak briefly about what is in the guidance. We will ensure that Members of the Committee are issued with the guidance which has come out today to help frame our further discussions.

I am grateful to my noble friend for giving us the opportunity for this debate. We agree with much of his amendment. Of course a teacher should be able to comfort a small child who has fallen over or show them how to hold a violin bow or a tennis racket. The notion of no contact seems to me to go against our instincts as humans and, indeed, as teachers. There is nothing in law to prevent it. When pupils are on school premises, or off site but under the lawful charge of the school, teachers and school staff are acting in loco parentis. This means that they are, in the eyes of the common law, effectively stepping into the shoes of a parent unless there are statutory provisions which specify otherwise. No parent would think twice about sticking on a plaster or showing a child how to hold a rounders bat, and a teacher should feel equally able to do these things. I would strongly encourage any head teacher to make this clear to his or her staff.

Our guidance on this issue is also clear and it is made clearer in the papers in the consultation that has come out today. The guidance states:

“It is not illegal to touch a pupil. There are occasions when physical contact … with a pupil is proper and necessary.

Examples of where touching a pupil might be proper or necessary: holding the hand of the child at the front/back of the line when going to assembly or when walking together around the school; when comforting a distressed pupil; when a pupil is being congratulated or praised; to demonstrate how to use a musical instrument; to demonstrate exercises or techniques during PE lessons or sports coaching; and to give first aid”.

Of course this is not an exhaustive list but I think it demonstrates our clear expectations.

We agree that teachers who are subject to a complaint that they have used inappropriate physical contact should not routinely be suspended. This is why our new guidance on behaviour, and the associated guidance on dealing with allegations of abuse against teachers and other staff, makes clear that employers should not automatically suspend a member of staff who has been accused of misconduct pending an investigation.

We agree that teachers should and do need to have contact with pupils on a day-to-day basis. The law already allows for such contact. Our guidance reinforces this message and encourages schools to take a common-sense approach to physical contact between teachers and pupils. I hope that that has set out the background to this consultation and that, in that light, my noble friend will not feel the need to press this amendment.

[Baroness Massey of Darwen]

My Lords, from what I read of this guidance, it has a section on restraint of pupils who might be misbehaving. Last week I was in a useful meeting with the government adviser on behaviour, and he gave more than one example of having to restrain a child who needed to be physically touched to calm them down. The Minister has not mentioned issues of restraint, which could be quite dangerous for teachers and for pupils. Where does that fall in the guidance?

[Baroness Garden of Frognal]

My Lords, we will be sending round guidance on that. My noble friend’s amendment includes different forms of physical contact between pupils and staff. The Government’s adviser on behaviour, Charlie Taylor, who gave us such an impressive presentation last week, brought out occasions when physical restraint would be necessary. It will be in the guidance which will be sent round to all Members of the Committee as soon as possible.

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Moved by

[Baroness Massey of Darwen]

83: Before Clause 20, insert the following new Clause—
“Curriculum
The Secretary of State shall ensure that, in maintained schools, city colleges and Academies, all pupils shall be entitled to a balanced curriculum which includes sport, the arts, information technology, diversity of cultures, and of faiths and of no faith and personal, social and health education.”

[Baroness Massey of Darwen]

My Lords, I salute schools which provide a broad and balanced curriculum and teachers who teach it. But before they can do that they need a curriculum. I do not mind what a school is called or calls itself, but I am passionate about all children and young people receiving an education that equips them not only to survive but to be productive in society. I am also concerned that there should be independent evaluation of whether they are providing that education. Schools can change rapidly.

We hear from senior managers in companies that for them an important issue is that young people should be able to read and that they are numerate. They also say that young people should have the ability to be socially adept, to organise and manage themselves, to work in teams and to present well. Many young people will do that anyway, but many will not. I fear that with an increasing narrowing of the curriculum and emphasis on academic success, many young people will miss out. Schools may be forced to cut down on the disciplines listed in my amendment because of time or cash constraints. Many primary schools already complain about having to teach to pass aptitude tests, and I have witnessed that. Of course academic learning is important, but so is the broader curriculum. What is sometimes forgotten is that the broader curriculum supports academic learning, discipline and attendance. Children do better with access to many forms of learning. Confidence in one area, for example music, can support confidence in other areas, such as mathematics. I have concerns about certain types of schooling encouraged by the Government which may narrow the options for young people.

We will be coming on to PSHE later in the rather lengthy amendments tabled by the noble Baroness, Lady Walmsley, and I, but I shall say a word now about its importance. If young people have an opportunity to discuss with other pupils and responsible adults issues that concern them, such as relationships, sexual and otherwise, alcohol, drugs, transmitted diseases, diet, safety and so on, they will gain two things: knowledge and information about the issue; and the ability to communicate with others, to learn with others and perhaps to manage conflict. Those are very important skills. Recent research shows that the vast majority of parents want pupils to have these skills.

As for the arts, they are important in themselves. Knowing something about literature, drama, music and fine art may inspire a lifelong love of any one of those forms. It may even inspire a child to go on to seek a career in one of them. How will they know their talents and interests if they do not get a feel of them at school? Many children will not have parents who have an interest in the arts or who can afford private tuition or to take them to the theatre or to art galleries. Art education can also be therapeutic and can enhance social skills. Every child should do some form of sport or exercise. It is proven to enhance well-being and improve health. The sport may or may not be team sport. I happen to be very keen on team sports, which involve interaction with others, collaboration, discipline and respect for rules as well as fitness. I also recognise that team sport is not everybody’s bag—but some exercise will be, whether it is dance, movement, yoga, gymnastics and so on. Every child should have the opportunity to participate. Where are the guarantees for sport in government policy? Will initiatives for the inner cities such as cricket’s Chance to Shine continue to be supported? What imaginative schemes not about team sport will be encouraged?

Last Saturday I spoke at a speech day at a prep school in Derbyshire. It is an excellent school with top academic ratings and excellent facilities and has the advantage of being set in the wonderful Derbyshire dales. This school has prizes for art, music and IT as well as for academic subjects. There was a cup for sport, a cup for citizenship and a shield for the hand of friendship for helping others. If that school did not offer music, art, sport and other broad-based opportunities, the parents would be incandescent. They would be incandescent if there were no inspections—the school is inspected by two bodies—and they would be apoplectic if the teacher was not qualified. I fear that what we could see through government policy is an increase in unregulated and unaccountable maintained schools. What sort of inequality might we perpetuate by narrowing the curriculum for children at maintained schools, by even thinking about no inspections for some and by having unqualified teachers? I will move on.

Information technology is an essential skill for young people and most of them are better at it than—certainly—I am, but every child does not have a computer at home and children also need to learn about the downsides of technology, such as spending too much time at it, and the potential dangers, such as online grooming.

Noble Lords may come from different perspectives on faith, and I have specific amendments tabled later on as a humanist, but I am not talking about detail, I am talking about a child’s right to education for life in this country and in this century. I am worried that some schools will not be balanced about faith or no-faith education or about cultural diversity. I have no problem with schools having a particular ethos but I do have a problem with indoctrination masquerading as education. I have a problem with schools being allowed to teach what they like, possibly with unqualified teachers and without inspections. What about the pupils in those schools? What skills and knowledge will they end up with? All children deserve a broad education. All children will be living in a diverse society. They, too, will need skills for employment. They, too, have the right to knowledge on which to base choices. We often hear about how wonderful Chinese academic results are. I looked at this, not in China but in the Library here and found that China, indeed, has higher success rates. If one looks at their curriculum, they have provision for sport, art and music. They also have provision for daily group work and other interactive time on the curriculum—I think it is 10 minutes a day. I am not sure what this time means but the point is that the Chinese curriculum is not just founded on academic subjects.

What this amendment seeks to do is to guarantee that all children have access to balance and breadth in the curriculum in schools. Will the Minister say what the terms of reference are for the curriculum review that is being carried out? What terms of reference are there for the PSHE review, which I believe has not yet started? Who is carrying out the reviews and when will they report to us? Parents should have choice about where their children are educated. Schools should have choice about how that education is carried out, but not at the expense of denying some children the right to experience the wonders of education in its wider sense, both when they are at school and as preparation for when they mature. I beg to move.

[Lord Knight of Weymouth]

My Lords, I speak in support of this proposed new clause, which I have also put my name to. It is a pleasure to follow on from my noble friend Lady Massey who made the case extremely well. I am sure those who are worried about time would ask what more have I to add. There are a few things. I have not reminded the Committee, although I did at Second Reading, of my interest in respect of education, which some of this discussion may stray into. I advise Apple on education matters, I do some work for TSL Education and I have a number of other education clients overseas.

This amendment, as we have heard, seeks to ensure we have balance in the curriculum. At its heart, the importance of that is ensuring that we give every child the chance to realise their talents. Some of us are not particularly right-brained, some of us are not particularly left-brained. That means that some of us are not desperately academic and some of us might be more creative. We need to ensure that we have a curriculum that can bring out those talents, use them and foster them, so that every child can be a success in later life.

At the root of my support for this amendment are my concerns about some of the changes that Government are making that I think will narrow the curriculum rather than giving it more breadth. I hate to keep harping back to my time but it informs my view. I sought to reduce the amount of prescription in the national curriculum at secondary with a review—perhaps I should have gone further. When instigating the independent review of the primary curriculum by Sir Jim Rose, we also sought to include a lot of balance in the new primary curriculum but unfortunately that has now been abandoned. In both cases, the question is: how do we get every child to want to get up in the morning and go to school? It means making sure that there are things in the day that will motivate them and, in part, what is in the national curriculum informs that.

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[Baroness Massey of Darwen]

That is not the intention of the amendment. I have no problem with faith schools, provided that they provide a wide experience of other faiths and of other aspects of the curriculum.

[Lord Elton]

Can I ask whoever has got that telephone next to their microphone to move it because those of us using the loop are being drowned out by the sound of their telephone sending wireless signals?

[Lord Hill of Oareford]

My Lords, I will be brief in my response as I am very conscious that there are a number of noble Lords waiting to move amendments. The issue at heart in this typically wide-ranging and thought-provoking debate is quite simple and is one that we have debated many times before; namely, what is the proper amount of prescription that there should be? It does not follow that the only way to demonstrate the value of a subject is that it should be in the national curriculum. Not everything needs to be in it to show its worth. I agree very much with the points that the noble Baroness, Lady Massey, made at the beginning about the importance of art, music and sport. I agree with her wholeheartedly on that. It is obviously the case that maintained schools, CTCs and academies are required by law or through their funding agreements to provide a broad and balanced curriculum. I would not want schools to provide a narrow education.

I do not agree with the criticisms of the EBacc as a narrowing measure. As noble Lords know, what is driving us on the EBacc is the simple fact that at the moment 4 per cent of children on free school meals have those EBacc subject qualifications, which are the qualifications most likely to get them to a top university. It is about trying to redress the balance and give some of those children more of a chance. It is not about wanting to narrow the range of subjects that people have. As the noble Lord, Lord Sutherland, pointed out most forcefully, and my noble friend Lord Baker also made the point, over the years, the national curriculum has come to cover more and more subjects, to prescribe more and more outcomes and to take up more and more school time. We want to move away from that approach to give teachers greater freedom to design a curriculum that meets the needs of their pupils, which is why we are reviewing the national curriculum to ensure that in future it does not absorb the overwhelming majority of teaching time in schools and provides more space. Then the important subjects that the noble Baroness, Lady Massey, talked about will have more time and space to be delivered in the appropriate way by the staff who know their pupils in their schools. There is an important distinction to be made between the national curriculum and the wider school curriculum. We want to get away from the approach that just because a topic or subject is important, it has to be specified in the national curriculum, or that because it is not in the national curriculum, that means that it is not important or should not be taught. Neither of those positions is true.

The noble Baroness, Lady Massey, asked specifically about the national curriculum. It might be helpful if I reply briefly. However, if I can let her have a fuller reply on where we have got to with the national curriculum review and on some of her questions about the terms of reference—where we have got to and how we are going forward—which we can circulate more widely, I shall do so. In essence, it is being conducted in two phases. The first phase is drafting new programmes of study for English, maths, science and PE, which we have confirmed will remain statutory in maintained schools at all four key stages. I think that that was the assurance that my noble friend Lord Moynihan was seeking. This first phase is also considering which other subjects, if any, should be part of the national curriculum in future and at which key stages. We expect to announce our proposals from this phase early next year. Then they will follow a full public consultation on those proposals.

In the second phase, we will consider the content and design of the programmes of study for any other subjects that are to remain within the national curriculum and whether non-statutory guidance should be produced to support the continued teaching of any other subjects or topics. We are being advised by an expert panel as well as by an advisory committee consisting mainly of successful head teachers and including representation from higher education and employers. The terms of reference which the noble Baroness asked for are on our website, but I will send them to her. I hope that soon—she will know this because we have discussed it over many months—I will be able to let her have the remit of the PSHE review, which she also asked me about.

We have spoken briefly about sport. She asked me specifically about the Chance to Shine initiative. Over the period 2009-13, the ECB is receiving £38 million from Sport England to support its whole sport plan, of which £7.2 million is being invested directly into Chance to Shine, which I think is a small increase.

We had a brief conversation about Singapore and what it can teach us. As my noble friend Lady Walmsley pointed out, it is the case that life skills are taught. As it happens, it also does the equivalent of the EBacc, which suggests that these things are not incompatible and which is where we want to be. That is all I want to say in response. We will come back to some of these other issues in further groups, which will raise important issues. But, at heart, it is our view that boiling down what is in the national curriculum—providing more space, being less prescriptive and looking to professionals who know more about what they are doing in the classroom than do Ministers—is the right way forward. With that, I would ask the noble Baroness to withdraw her amendment.

[Baroness Massey of Darwen]

I thank the Minister for that sympathetic reply and for his assurance that he will send me the terms of reference on the progress of the curriculum and PSHE. I also thank all noble Lords for taking part in that very impassioned—I am glad that it was impassioned—debate because it is important. I am really glad that the noble Lord, Lord Baker, said that it was about time that we talked about the curriculum and I agree with everything he says about school and the age of 14. I have no problem with that. The noble Lord, Lord Sutherland, mentioned the sort of potpourri curriculum. That is not what I intend. Many of the things mentioned will be included in PSHE, about which the noble Baroness, Lady Walmsley, and I have talked many times.

I really fear that schools might end up teaching to achieve good test results, as some do now, and will exclude some subjects because they want to give more time to getting good results, a good place in the league tables and so on. My fear is that if we disengage pupils and disengage them from the curriculum, that can result in exclusion from school and from life chances. I of course agree that the core subjects are essential and that if they are well taught that is absolutely wonderful. A close relative of mine used to truant for all lessons except English because there was a wonderful teacher who taught literature supremely well, including Shakespeare. For the rest of the time, my close relative went fishing, which I think is a sitting-down sport. Is it a sport at all? I do not know.

[A noble Lord]

It certainly is.

[Baroness Massey of Darwen]

I should not have mentioned that. I agree about teacher professionalism. I am glad that expert groups are being formed and I look forward to further discussions on all this with the Minister, and with anyone else who wants to talk about it, and to the rest of the debates on the Bill.

Amendment 83 withdrawn.