Education Bill
Baroness Massey of Darwen Excerpts(12 years, 9 months ago)
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The Deputy Chairman of Committees
My Lords, there is a technical problem. Unfortunately, the clocks were not switched on at the beginning of this amendment and there is no way of winding them back, even though we all know that we started at 11.57 am. If the noble Lord could do some mental arithmetic, it would satisfy his curiosity.
Baroness Massey of Darwen
My Lords, I shall not trouble the noble Lord, Lord Sutherland, with having to time me because I shall be very brief. I always listen to the noble Baroness, Lady Perry, with great respect, but my noble friend Lady Hughes has a point in talking about the “gaping void” and in going back to the Every Child Matters agenda.
I am interested in the later amendment, Amendment 114, in the names of the noble Baroness, Lady Perry, and the noble Lords, Lord Lucas and Lord Lexden. This amendment talks about what she calls a “visitor”. I do not want to go into that right now, but this has echoes of what used to be called “school improvement partners”, who were in schools when I was a governor. The school improvement partners were incredibly useful people to have around because they helped with the business plan, the school ethos and the curriculum. I think that if I were a director of children’s services—and I am glad that I am not—I would welcome a local commissioner who would have a responsibility for schools, because a director of children’s services has enough to be getting on with anyway, with the safeguarding role in particular. How would the “visitor” envisaged by the noble Baroness, Lady Perry, have some kind of influence on what is going on at that local level without some co-ordination? Perhaps visitors are not like the school improvement partners, but I suspect they might be. As I understand it, they would have responsibility over a number of schools. I think she is saying that they would then report to Ofsted or the skills and children’s services board. Is that right? They have to report to someone.
Baroness Massey of Darwen
That seems to be rather a large jump. Would it not be better to have someone at a local level—a local commissioner, or whatever they might be called—to try to co-ordinate the concerns of visitors and do something about them?
Baroness Massey of Darwen
My Lords, I shall speak to Amendments 108, 109, 110, 111 and 112 in this group. I also support the remarks of the noble Baroness, Lady Hughes. The noble Baronesses, Lady Hughes and Lady Jones, have pulled out an important thread in this debate about assumptions that individualism in schools will automatically be a good thing. Of course, I am all for excellence in schools, whatever their names, and excellence not just in academic subjects but throughout the school delivery.
However, the Education Bill, as we have heard, amends the Education and Inspections Act 2006 to require local authorities that think that a new school needs to be established to seek proposals for the establishment of an academy. In effect, this introduces a presumption that when local authorities set up new schools they will be academies or free schools. I am not going to go into all that again—I will express a particular concern. This new requirement to prefer academies and free schools is likely to aid the proliferation of state-funded religious academies and free schools, among others. Academies and free schools are particularly attractive, not only to mainstream religious groups but to minority groups. This is because they are largely unregulated and there is nothing to stop groups with extreme agendas from applying to run these state-funded schools. Are we really not concerned about this?
Academies and free schools with a religious character can discriminate against students and parents in their missions and against staff on the grounds of religion or belief. We shall come on to that later. They can also opt out of the national curriculum and choose not to provide even the most basic sex education biology or to teach creationism. I am not trying to dismantle the whole faith-school system—I hope no one is going to accuse me of that. I am simply trying to promote a balance of provision at a local level. I am concerned that this new requirement on local authorities to prefer academies and free schools when creating new schools will lead to a proliferation in largely unregulated and unaccountable state-funded religious schools. These amendments remove the assumption that new schools will be academies and allow greater consideration of local opinion about what types of schools are created. It is all very well to champion parents, but what about championing children and their right to a full education?
Baroness Ritchie of Brompton
My Lords, I shall speak to my amendment in this group, Amendment 108A. As has been said, the passage of the Academies Act last year allowed us considerable debate on the merits of the academy system introduced by the previous Government and accelerated by the current one. Academies have become an established part of the education system and I do not want to revisit that debate. Through this probing amendment I wish to raise local government concerns over the ability of the education system to react to local circumstances. Here, I must yet again declare an interest as the chair of the LGA children and young people’s board.
Amendment 108A would alter Schedule 11 to allow it to continue to recognise the Government’s ambition of seeing schools transferred to academy status, but would retain the necessary local flexibility in the school system to allow for local needs to be taken into account and avoid the creation of a potentially burdensome process for establishing new schools.
Schedule 11 creates a requirement for a local authority seeking to establish a new school first to look at setting up an academy. Councils do not object to that first part of the schedule. However, its subsequent provisions establish a process by which the local authority must report to the DfE on the process of establishing that new academy. Further provisions place restrictions on the establishment of new schools, requiring a council to seek permission from the DfE before considering alternative models of provision and giving powers to the department to order a council to withdraw a notice issued to invite proposals for establishing a new school.
The DfE has projected that while overall pupil numbers in state-funded schools have been in decline, they will increase from this year onwards. Indeed, by 2014, pupil numbers in maintained primary schools will be more than 8 per cent higher than in 2010. Despite the current contraction in demand for secondary school places, the increase in demand for primary school places over the next three to four years is likely to create a sudden boom in the demand for pupil places such that the education system has not had to react to since demand began to decline in 2004.
The primary concern of a council and its community when managing this demand and seeking to establish a new school should be the needs of local parents, and of course of children. Furthermore, councils must be able to balance place provision to ensure that the needs of the entire local area are met. We need to ensure that the Bill does not reduce the ability of local parents, education providers and councils to respond quickly and effectively to new demand and that local choice and diversity of provision are maintained.
Unfortunately, the later provisions in Schedule 11 could restrict the ability of local communities to decide what type of school is established, not only by the creation of burdensome and bureaucratic reporting requirements but ultimately by placing decision-making in the hands of departmental officials in Whitehall rather than locally elected representatives in town halls. Councils understand their residents and local areas well. If local parents do not want schools to be established as academies, there needs to be an option to reflect local parental demand and to establish other types of schools. Councils should not be required to get permission from Whitehall before responding to and implementing the wishes of local residents.
Lord Touhig
My Lords, I rise at the request of my noble friend Lady Howe to speak to the amendments that she has tabled. As the noble Baroness, Lady Walmsley, explained, she cannot be here today. I am delighted to be able to follow the noble Baroness. It is more than 20 years since we had our first student governors when I was chairman of a school board. They made an important contribution right at the beginning because they started with a list of complaints about what they thought was wrong with the school, particularly the quality of the food. The school governing body decided that the first task of our student governors would be to do market research among the rest of the school and to talk to the dieticians and so on to decide what we should have on offer at the school. They came forward with a very good and healthy eating programme, and what the school sold at lunchtime reflected that. They continued to make an important contribution to the life of the school and the role started to grow.
Even now, I know that a number of schools unofficially invite students along to sit on school boards. I talked to a teacher last year who told me that the hardest part of the process of getting the job in his school was being interviewed by the students because they interviewed the teachers and then presented a report to the appointments committee of the governing body. I believe it is correct that we should put the rights of students in statute and allow students to become school governors. This will improve inclusion and will give students a voice. I remember that when I got expelled from college, having accused the principal of acting like Adolf Hitler, I would certainly have liked to have had some student support, but it did not exist.
Amendments 113A and 113B are probing amendments to examine the way the Education Bill is changing the relationship between the head teacher’s responsibilities and those of the governing body and whether, as a result, there should be changes in their statutory relationship. Amendment 113A proposes removing the opportunity for the head teacher to be a full member of the governing body of a school. I must admit that over the years I have thought that they should be and that they should not be, and at the moment I conclude that they should not be. Currently, the vast majority of head teachers are members of their governing body, but with the added responsibilities the Bill proposes for head teachers, they will have a degree of conflict in reporting to the governing body and holding themselves to account as members of the governing body. The National Governors’ Association thinks there is a conflict of interest and believes that it is worth resolving.
The suggestion is that it should be solved simply by the head teacher not being a full member of the governing body but reporting to the governing body on the school’s policies and so on. Noble Lords will know that the key role of the governing body is to examine the head teacher’s proposals for the school and to agree or disagree with them. Head teachers propose the majority of strategies, policies and initiatives to their governing body and therefore will attend the governing body in any event, even though they would not be governors. However, under this amendment, they would not take part in the decisions that the governing body would reach on their policies. By way of a parallel, it is extremely unusual for the chief executive of, say, a charity to be a trustee and a member of the board, and permission has to be sought from the Charity Commission. The suggestion is therefore that this practice should be adopted by the schools sector and that these lines be removed from the Bill.
In the House of Commons, a number of Members were concerned about the undue influence that head teachers have over governing bodies. I became a school governor at the age of 18. I do not know whether that was legal. It was 1966, and I got co-opted on to a school governing body. I had experience of teaching appointments, which is a very important role of a governing body. I became chairman of the board. We had four schools in our group: two secondary schools, and two grammars schools—a boys’ grammar school and a girls’ grammar school. The headmaster of the boys’ grammar wooed the governors. He persuaded them, he influenced them, he drew them along the lines that he wanted and he inevitably got the person he wanted appointed to the job when there was a vacancy, but the head of the girls’ school had no such subtle approach. She simply told the governing body, “I want you to appoint that one”, and inevitably it ignored her. I have seen those two extremes whereby heads can have a great deal of influence, perhaps in the wrong way, particularly on teaching appointments.
This small change proposed for the composition of governing bodies will not in itself rectify the probable dysfunctional relationship. Removing the right of head teachers to sit on governing bodies would send a signal about the respective leadership roles of the governing body and the head. Understanding each other’s role is important for the effective working of the governing body. As your Lordships will know, the National Governors’ Association was pleased to see in last November’s White Paper that the Government said:
“School governors are the unsung heroes of our education system … To date, governors have not received the recognition, support or attention that they deserve. We will put that right”.
This amendment provides some much needed recognition that the role of the governing body is to monitor, to challenge and to support the head teacher in the best interests of the children in the school. The amendment would bring clarity and the good practice that exists in the charitable sector, and would greatly benefit schools. It is important that we see a very close working relationship between the head and the governing body, but it is distinct, and it is important that we recognise that.
I am sure that many of us who have served on governing bodies have had all sorts of experiences over the years where there have been dangers of conflict. I served on a governing body where we used to meet until 11.15 pm because of conflict between the governors and the headmaster, and the only way we resolved it was by all the governors eventually being removed by the bodies that nominated them and a new team being put in so that we could have better co-operation. The amendment before your Lordships will benefit and greatly enhance the way in which governing bodies and head teachers can work positively in support of their schools.
Baroness Massey of Darwen
My Lords, I support the remarks made by the noble Baroness, Lady Walmsley, and my noble friend Lord Touhig about having students on governing bodies for two reasons. First, it would be good for the school and, secondly, it would be good for the students to have experience of being on a governing body. We have got better at listening to children over the past six or eight years or so. I sit on a couple of boards on which young people are now represented, and they collaborate fully. We have a Youth Parliament that is incredibly powerful, sensitive and sensible. We have talked before about the importance of school councils. Having pupils as governors is an extension of that. School councils are elected. They are not just there to talk about the toilets. They talk about all kinds of important issues, such as school meals, discipline and bullying, and they talk about the ethos and curriculum of the school. This is all to the good. Schools benefit and young people benefit, so I support the amendment.
Baroness Turner of Camden
My Lords, I, too, support my noble friend in her amendment. I have been briefed by a number of organisations, including Save the Children, of which I was a trustee for many years. It is fully in support of the amendment, which would ensure that students were able to become school governors. I gather that they cannot be at the moment; they may play a very full role in the community, but they cannot become school governors unless there is a change in legislation to make it possible. Save the Children has reminded me about the UN Convention on the Rights of the Child and the right for children and students to be involved in decisions that affect them. What can affect them more than the kind of education they have? It seems entirely reasonable that students should be allowed to become governors, which I am sure will add to the general weight and value of governors and ensure that students begin to feel a much greater sense of responsibility than if they are simply governed by other people. Therefore, I strongly support the amendment and I hope that the Government will be prepared to accept it as well.
Baroness Massey of Darwen
My Lords, there have been many wise words said this afternoon. Some sort of consensus is emerging that systems need inspection, and the Government are going to run into a tangled web if they think that we can end up with a random system, relying on complaints and such.
I, too, have had positive and negative experiences of Ofsted, but they have been mainly positive from its consultation with governors and parents of pupils. It does a very thorough job, although it depends somewhat on the team, as I think the noble Lord, Lord Knight, implied. I appreciate that self-evaluation within schools has contributed to checking standards but this can be fairly subjective, whereas an Ofsted inspection is objective. All systems, whether educational or not, should be inspected in some way to check on the quality, particularly systems dealing with children. If not, we risk infringing children’s rights to not only safeguarding, which has rightly been brought up, but academic achievement. I remember Graham Allen saying, in relation to early years, that we need firefighters but we also need smoke alarm systems.
I understand where the noble Baroness, Lady Perry, is coming from with her model. I would like to look at the people involved and the criteria that they are working from to do this kind of visiting, but it is an interesting idea. Some terrible things could be not picked up in a school that was exempt from inspection, such as extremism or the impact of unqualified teachers. We have to be very careful here. Maybe Ofsted needs reviewing or a lighter touch, but it certainly needs to be there to ensure that children are receiving the very best in our schools in this country.
The Earl of Listowel
My Lords, I was sorry to be absent from these proceedings this morning but I was attending a youth court in London, where I heard about very serious offences committed by 16 year-olds. Two of them had been stabbed, one of them three times—in the lungs, the neck and, I think, the belly. It really brought home to me how important a haven schools are for children, and that the order that schools offer to children’s lives is so important—and, in particular, the fact that there was not a single father present in any of the four hours when I was listening to this. The mothers were carrying the burden for their young men.
With regard to the role of governors, is there clear guidance to them about how they can sit in, in schools, observing classes and what happens in the playground, so they can assist in this fire-alarm system in the new arrangements? I share the concerns of colleagues expressed in the Committee and look forward to the Minister’s response.
Education Bill
Baroness Massey of Darwen Excerpts(12 years, 9 months ago)
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Baroness Massey of Darwen
My Lords, I wish to speak to Amendment 97 in my name. I thank the noble Lord, Lord Avebury, for his eloquent and informative introduction to this group of amendments, and of course I agree with the issues he raised. I, too, should declare an interest as secretary of the British Humanist Association and a patron of the National Secular Society. I wish to speak mainly as someone who has been involved in teaching in various schools over a number of years. I should make it clear from the beginning that I think that a daily gathering—an assembly, if you like—of the whole school is of immense value. Such gatherings can be informative, uplifting and inspiring, and they do not need to be Christian.
I have taken part in many assemblies in my time and have noted that often in those assemblies Jewish, Muslim or Hindu children sat in the classroom outside the assembly because they did not wish to participate and were doing very little, as far as I could make out. Schools are not churches, synagogues, mosques or temples. They are places of wide learning, and I am disappointed that—despite opposition from educational practitioners and a government commitment to free up schools from prescriptive rules and regulations—a repeal of the duty on all schools to participate in a daily act of worship that is “broadly Christian in nature” is not included in the Bill. This is surely an outdated law.
The law, in theory at least, impedes a school’s ability to provide assemblies that are not Christian but may be based on moral and ethical precepts. Some of the best assemblies that I have taken part in or witnessed have been based on such moral and ethical themes. For example, I remember an assembly on the theme of friendship. In it the story of Ruth from the Bible of course came up, but so did many inspirational texts. Pupils contributed their own views and readings about friendship. Such assemblies would have been technically outside the law—a law that is consistently flouted by schools. Why have that law?
The law also violates the human right of freedom of belief for children. As I have said, Christian-based assemblies exclude pupils from other faiths. My amendment would replace the requirement to conduct collective worship with a requirement to hold assemblies that would further the,
“spiritual, moral, social and cultural education”
of children. Assemblies should take account of the many faiths, religions and beliefs in one school. If the law were to be changed, shared values found in different religious beliefs, including humanism, could be explored and be based on our common ground of humanity. This would represent a new entitlement for pupils, unlike the current requirement to provide Christian collective worship. The law is outdated. Why keep it?
Baroness Flather
My Lords, I have put my name to the amendment. I want to tell you of my own two experiences of collective assemblies—not collective worship.
When I was a child in India, the school that I went to held an assembly every morning. It was not for worship but for learning. We learnt much more, as the noble Baroness, Lady Massey, has said, about how to be good people, good citizens and good human beings than we would have done with one faith. My second experience was later in life when I went to a Methodist college, where we were made to go to chapel every day. It took place in the middle of the day, so that one could not arrive late. The teachers would go round the classrooms making sure that none of us girls was skiving. I am not saying that this happens now in schools, but quite often in those assemblies anti-Hindu and anti-Muslim sentiments were expressed. That left us with a very bitter taste. Frankly, I never understood what Methodism was about until I came here and worked with Methodists in my area—they do much good work. However, we did not know that and we did not learn about the good things. We were told only about the belief system.
The time has come to widen the remit and allow schools to focus on the needs of all the children in the school, because I do not believe in children withdrawing from a morning assembly. If you start to do that and the parents start to withdraw their children, you do not have a group spirit. The attitude is, “These people are there and those people are there. These children will not be coming”, and so on. That is a very retrograde step. It should be compulsory for all children to attend an assembly in the morning, and that assembly should be such that it is meaningful to everyone. I do not understand why the principles of various faiths or religions cannot be used in that assembly instead of just the dogma, the doctrine, or whatever, that people feel that there should be. If we had other faith preachers come now and again to speak at an assembly, it would bring everybody together much more.
Baroness Massey of Darwen
Could I interrupt my noble friend? Members of your Lordships’ House are a good deal older than school children and can make their own choice.
Lord Touhig
Yes, indeed, and a number of Members did not come into the Chamber. It is right and proper that they should be able to exercise that right. Equally, parents on behalf of their children can exercise the same right under the law as it stands. My noble friend said earlier that the law was flouted and therefore asked why we have it, but there is a law which says you should not drink and drive. Would we imagine abolishing it because some people flout it? This morning I saw two people driving cars while using their mobile phones. Again, that is against the law, but because the law has been broken, should we take it off the statute book? Of course we should not. I do not think that that arguments carries any weight.
For the reasons I have given, it is worth while to maintain the collective act of worship in our schools and I believe it is right that that collective act of worship should be Christian in nature for the reasons I have argued. Other noble Lords may have different views, and it is important that we should respect each other’s views. The present law allows for that.
My final comment is this. One of my oldest friends, the late Leo Abse, represented Pontypool and Torfaen in the other place for over 30 years and was probably responsible for more social legislation than any Back-Bencher in the history of the British Parliament. His final words to his constituency Labour Party when he announced his retirement were these: “Tolerate everything and tolerate everyone, but do not tolerate intolerance”. I believe that these amendments lead to a degree of intolerance. I am sure that that is not the intention, but it is where I believe they will lead.
Lord McAvoy
That is technically true, but it forces them to accept assumptions—I shall not be provocative and say that they are based on hostility—that are certainly not sympathetic towards school gatherings based on Christian beliefs. This should surely be about tolerance. If people want to change the way that things are, surely they should go about convincing people of that. I really do not understand, because no one in this Room has a mandate to talk about removing the basis of collective worship within schools. I should certainly like to see a politician standing for election along the corridor try to advocate some of the beliefs and authoritarian elements in these proposals.
I appeal to colleagues: if you want to change things, try to persuade; do not dictate or try to lay down such conditions from on high. Whether colleagues like it or not those are the unforeseen consequences. I agree with my noble friend Lord Touhig that it is not the intention of noble Lords to be hostile to faith schools on the basis of collective worship.
I shall say another couple of quick sentences in a mood of co-operation. My noble friend Lady Massey said that schools are places of learning only. Among a whole host of things, I accept that. However, the religion that I belong to—the Roman Catholic faith—believes in the trinity: home, school and church. We do not believe that schools are there for learning only.
Baroness Massey of Darwen
In fact, I did not say that schools are places of learning only. I would support schools that have a wide learning experience, such as culture, the arts, sport and so on. Learning is not just about academic learning. Learning is moral, spiritual and so on. I was trying to say that schools are not churches, temples, mosques or synagogues.
Lord McAvoy
The Catholic schools that I know, and which I have the most experience of, incorporate all the various subjects that my noble friend mentions. There is nothing wrong with that. I go and speak to modern studies classes and I assure my noble friend that their opinions are extremely varied. These schools encompass everything. They get involved in fair trade, mission work for Africa and raising funds. They do terrific work based on their faith and it should not be mocked. I believe that if people choose to say that school, home and church are a trinity, they are entitled to do so. I very much oppose the amendments.
“( ) In paragraph 5 of Schedule 11 to the Equality Act 2010 omit paragraphs (a) to (e).”
Baroness Massey of Darwen
I shall speak also to Amendments 140 and 141 in this group. I was fascinated by the previous debate on admissions, when many wise and challenging things were said. My noble friend Lady Morris, I think, said that we have a system littered with schools trying to do their best but fighting a losing battle because of other local schools selecting pupils. We heard some comments about schools selecting parents, rather than the other way round. I know that the Church of England has recently been looking at this and I hope for some clarification on its thinking.
The Minister talked about autonomy and variety. Autonomy and variety will not solve all the issues in front of us concerning admissions. I want to talk about faith schools. My first amendment to the Academies Act 2010 would prevent academies and free schools with a religious character discriminating on admissions; my second would prevent voluntary-controlled faith schools which convert to academy status from increasing the priority of religious criteria in their admissions policies.
As my noble friend Lady Hughes said earlier, admission to school is extremely important. We know that many state-funded faith schools use their legal privileges to have highly selective admissions criteria, giving preference to the children of parents with particular beliefs. Academy schools which have converted from state-maintained faith schools are, of course, their own admissions authority, and they religiously discriminate up to 100 per cent in admissions. Free schools with a religious character may discriminate in up to 50 per cent of admissions. Will that remain the case? Will that be the case for looked-after children who do not have the same faith as the school they want to go to?
Discrimination by faith schools can cause segregation along both religious and socio-economic lines. Professor Ted Cantle, author of a report into community cohesion in Blackburn, describes religious schools as,
“automatically a source of division”,
in the town. In other areas, faith schools that are their own admission authorities are 10 times more likely to be highly unrepresentative of their surrounding area than faith schools where the local authority is the admission authority. Separating children by religion, class and ethnicity is totally opposed to the aim of social cohesion.
In addition, voluntary aided faith schools have, on average, 50 per cent fewer pupils requiring free school meals than community schools. Pupils starting at faith schools are also, on average, more academically able than pupils starting at inclusive schools. That is because faith schools’ selection criteria mean that they usually—not always, but usually—take fewer deprived children and more than their fair share of children of ambitious and wealthier parents.
I share an office with a colleague from Northern Ireland, who constantly asks me: “Have we not learnt the lessons from faith schools in Northern Ireland?”. All schools should include and educate pupils of all beliefs together so that they can learn about and from each other, instead of being segregated by their religion. Prejudice was mentioned last week in Committee. I heard that homophobic bullying is more likely to happen in faith schools. The amendment to the Equality Act 2010 will stop maintained schools—voluntary and foundation schools—with a religious character from discriminating in admissions by removing the opt-out from the Act.
Any religious discrimination in admissions is against the ideal of an open and inclusive school system. No state-funded faith school, including academies, should be permitted to discriminate in their admissions on religious grounds in any circumstances. My first amendment would rule out religious discrimination in admissions to all new academies. If the complete prohibition of religious discrimination in the new academy and free school system cannot be achieved, and my first amendment does not pass, my second amendment would ensure that voluntarily controlled schools which had not previously been permitted to discriminate could not begin to discriminate on conversion to academy status. I beg to move.
Lord Lucas
My Lords, I shall speak to Amendment 138. I like faith schools and I want parents to be able to choose them, whether or not they are of that faith. I share the distress of the noble Baroness, Lady Massey, at the idea that schools become ghettoes for their own religion. Wherever that is widely practised it has been disastrous. Northern Ireland in particular and also the west of Scotland are examples of where this has caused and causes continuing division and strife that we do not see in the rest of the UK.
Lord Touhig
My Lords, I looked at Amendments 138 and 140 and was troubled and confused. After listening to my noble friend Lady Massey, I am worried again. She knows me well enough to know that I have no wish to misrepresent her in any way, but she seems to be saying that, in her view, faith schools are more likely to be homophobic, do not take youngsters from poorer backgrounds and are therefore more middle-class. If that is what she is saying, I am sure she genuinely believes it, but perhaps I may suggest—taking the point made by the right reverend Prelate—that she moves out of London and travels around the country to see what faith schools are actually doing in some of the most deprived communities in our country.
Baroness Massey of Darwen
I am sorry to interrupt my noble friend in full flow but I must say that what I said about the issue of homophobic bullying in faith schools was a quotation from someone in this Room. It was not my impression—I quoted someone who averred that this was the case. On his second point, I am not saying that all faith schools are of one particular calibre, I am saying that some schools undoubtedly experience what the noble Baroness, Lady Perry, said, that parents move to the grandparents’ house or to the end of the road to get into a particular school, which remains firmly ghettoised, if I may use the expression.
Lord Touhig
I am very grateful to my noble friend for clarifying that point, because it is important that we fully understand her views on this. I am glad that I gave her the opportunity to explain in more detail what she believes and understands. I accept her final point. I have been the governor of a faith school and there are instances where people move around in order to try to get their child into a faith school.
I am troubled and confused about Amendment 138. It states:
“No Academy may select more than 50% of its pupils on criteria based on religious characteristics”.
It goes on to say that those who attend will be required,
“to take a full part in the school’s religious life”.
It seems to state that half the school population should not be of any particular faith but that all the school population must take part in the school’s religious life. To my mind, that is wrong. I strongly support the view that parents should have the right to withdraw their child or children from the religious life of a school if they so wish. At the moment, Catholic schools that convert to academy status retain their existing admissions arrangements. The amendment tabled by the noble Lord, Lord Lucas, and the noble Baroness, Lady Perry, would mean that 50 per cent of the pupils would not be admitted on the basis of faith. This makes no sense whatsoever and is really discriminatory. My noble friend Lady Massey made the point about public funding for faith schools. The Catholic church, like others, pays a great deal of money towards supporting its own schools in any event. We should bear that in mind.
Amendment 140, moved by my noble friend Lady Massey, states,
“admission arrangements for the school should make no provision for selection on the basis of religion or belief”.
I am sure that it is not my noble friend’s intention, but that would put at risk every Catholic school and faith school in the country. What is the point of having a Catholic school, or a faith school of any kind, if there is to be no provision based on faith, belief or religion in deciding the admissions policy? I am sure it is not her intention—I am sure it would never be the intention of my party—to close every faith school in the country, but that is the risk of this amendment.
Lord McAvoy
If you will let me finish, it is completely unfair to portray them in the way that they are being portrayed here at times.
Baroness Massey of Darwen
I am sorry to interrupt my noble friend. I think he will find when he reads Hansard tomorrow that at no point have I said the things that he is accusing me of.
Lord McAvoy
It may be that the noble Baroness has not heard me clearly. I am saying that inherent in these amendments is the idea that faith schools are a bad thing. Folk may not like that, but that is what is coming across loud and clear. For instance, there has been no answer to the noble Lord, Lord Sutherland, who quickly picked up the point that the trait of moving house is not confined to faith schools or Catholic schools; it seems to be a trait throughout a whole host of schools. Yet, there has been no mention of that or any drawing back of the implication that this happens only in Catholic schools.
Society is evolving. Last week, I revised my opinion of the noble Lord, Lord Baker. I certainly remember him from the 1980s and I did not like his politics, but last week I thought that he was great. However, this week I have revised my revision and he is back to being a bad man again. Certainly for 800 years we kept the faith in Ireland, I can tell you. In saying that there should not be any more faith schools, the noble Lord, Lord Baker, makes a point and he is asking us to trumpet it. I think I mentioned last week that there is a fairly large Roman Catholic school in Scotland where, if my memory serves me correctly, about 10 per cent of the pupils are Muslim. It is working and it is great—it is doing well for everyone.
I have mentioned the phrase “detachment of reality”. I say to noble Lords who have tabled these amendments and who have spoken in the manner that they have: let society evolve and let things happen. No one should take active steps against what they see as the badness in faith schools. I say to noble Lords in all sincerity, honesty and frankness that the more you try to enforce this, the higher the wall will go up, because there has been a lack of trust that is based on British history over the past 500 years. I am sure that noble Lords will be glad to hear that I shall not go into all that, but that lack of trust is based on 500 years of British society. One thinks particularly of the Catholic community. If noble Lords try to enforce it, it just will not happen. They should go the way suggested by the noble Lord, Lord Baker, of letting things evolve, although I disassociate myself from his wish not to build faith schools. On the other hand, if you make a big issue of it, that may happen anyway, and if so, and if that is what people want, that will be a good thing. However, I do not accept that faith schools are a bad thing.
The amendment in the name of the noble Lord, Lord Lucas, is completely unworkable. It would cause strife and animosity and would make the original ethos of the school seem dictatorial towards the new component of the school. That would take us back. I say again that if we want to move forward, the way ahead is consensus. We should convince people that going in a particular direction is right. Go that way and all the community will come together. Go in the opposite direction, and the community will be divided.
Lord Hill of Oareford
My Lords, I take the underlying point. In my comments, I made reference to the importance of inspection. That is not simple, because inspectors need to know what they are looking for if they go into a faith school where one might think there is cause for concern. It is not always straightforward, but inspection is one way of addressing this.
As to setting up new schools and free schools, about which noble Lords, including the noble Baroness, Lady Massey, have concerns, oddly enough I think that because that whole process is being set by and overseen by the Government from the outset—we have due diligence and ways of exploring these questions, which we will do carefully and rigorously—that area is of less concern than perhaps that of independent schools and maintained schools. I am not at all dismissive of the point that the noble Baroness raises. I hope that inspection and the Secretary of State’s powers on academies to make sure that everything is operating correctly will provide some reassurance. We should not stick our heads in the sand about the issue. I was headed towards asking the noble Baroness, Lady Massey of Darwen, to consider withdrawing her amendment.
Baroness Massey of Darwen
My Lords, as ever, this has been a fascinating and wide-ranging debate. We are evolving in this, but evolution sometimes needs a little helping hand. I accept the historical role played by the church in education but we have become a different society from the one that we were many years ago. I continue to have fears about ghettoisation. Of course I am not seeking to close faith schools. I am not sure how I gave that impression. I am just seeking to ensure that faith schools are more open, and I have some sympathy with the noble Lord, Lord Baker, in all this.
In following up the question of my noble friend Lady Morris, which I was also going to ask, I hope that the Minister has no fears that some free school could be set up somewhere and designed solely to promote a faith of one kind or another. I am not so convinced of that. I accept the historical influence of faith schools, and I am not seeking to go back on that. However, we have to continue our vigilance about our schools—be they faith schools or otherwise. As always, I would wish to strike a balance. I hope that at some point we can discuss with Members of the Committee of all faiths some of the issues that came up in my previous amendment and try to reach a greater understanding. In the mean time, I beg leave to withdraw the amendment.
Education Bill
Baroness Massey of Darwen Excerpts(12 years, 10 months ago)
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Baroness Walmsley
My Lords, I rise to move Amendment 88 and to speak to Amendments 89 and 90 in my name. They are copied, with some small changes, from three clauses in the Children Schools and Families Bill 2010, which were dropped from the Bill before it became an Act. As I said when the deletion was debated on the 7 April 2010, these clauses would have,
“given children the high quality PSHE for which they have long asked, which they deserve and to which they have a right under the UN Convention on the Rights of the Child”.—[Official Report, 7/4/10; col. 1578.]
Noble Lords may recall the great distress of many of us when these provisions were dropped. They had been well thought out, had been consulted upon widely and had broad support. After they had been deleted from the Bill, a number of organisations, including the Youth Parliament, signed a statement making it clear that they would not give up the fight. Many of your Lordships, including the noble Baronesses, Lady Gould and Lady Massey, vowed to do the same on behalf of young people. This is not a party matter. It is a matter of strong principle and belief and I approach it in that spirit.
These amendments make PSHE part of the foundation curriculum in all schools receiving funding from the state, including the rapidly increasing number of academies, for children throughout the age range. The courses must adhere to certain important principles; that is, the information must be accurate and balanced, appropriate to the age, religion and cultural background of the children, promote equality, accept diversity and emphasise the importance of rights and responsibilities. Who could argue with that? These matters can be taught in a way that reflects the school's religious character. Guidance will secure that children learn about the nature of various adult relationships and their role in the bringing up of children, where we know that stable relationships are important.
In these amendments I have made two changes from the original, which I hope will have the effect of attracting wider support for the measure in this revised form. I have removed the clause that would have removed the parent's right to withdraw their child. Frankly, not many parents use it and I do not see why that should get in the way of the majority of children getting better PSHE education. The other thing I have done is to take four elements of the curriculum and make them voluntary for children at Key Stage 1. They are drugs, alcohol and tobacco education, sex and relationship education, personal finance education and careers and business education. Many schools will feel they want to include these elements, in an age-appropriate way, for younger children, and they are free to do that. However, I feel we can leave that to their judgment.
The reason I wish to make PSHE compulsory in all schools is to ensure that all children receive it and to give parents more confidence in it by improving the quality of delivery. This would be done by improving teacher training, assessment and inspection if the subject was taken more seriously by schools and by Ofsted. Many children tell us that the quality of the PSHE they receive is poor and that it does not equip them for their future lives. A survey of 800 young people carried out by the National Children's Bureau found that nearly half felt they had not learnt all they needed to know about HIV. This can be life-saving knowledge and must be taught in a social context, not just teaching the bare scientific facts in a biology lesson. I understand that the report on this matter by the committee of the noble Lord, Lord Fowler, to be published shortly, will strongly support my position on this.
I strongly believe that the job of schools is to help young people become life-ready, not just job-ready or higher education-ready. Children may not go on to get first-class degrees but they will all have families, relationships, friends, personal finances, responsibility for their own health and safety, personal money and jobs. Good PSHE supports all these things. Just as importantly, PSHE also supports academic learning and develops the capabilities that young people need to flourish in life and in work. Once they leave school, no one else will do this, so it is vital.
There are other reasons. Children, young people and their parents want PSHE; many surveys have shown that. It promotes their health, well-being and personal safety. Goodness knows, they live in a world where safety is often threatened and there are many threats to good health. PSHE also helps the school to promote the social, moral, cultural and spiritual development of its pupils and links up well with RE, as well as with arts and cultural education.
I see that the amendment in the name of the noble Baroness, Lady Massey, tries to achieve much the same thing, and I congratulate her on her tenacity in this regard. The amendment of the noble Baroness, Lady Finlay, also has merit but the matters about which she is concerned could easily be taught in the health part of PSHE.
The White Paper that preceded the Bill recognised that children can benefit enormously from high-quality PSHE. That was a most welcome statement. Since then, the Government have announced an independent review of the curriculum where PSHE is not included in the remit of the expert panel. I would like to ask the Minister how the Secretary of State would respond if the expert panel reported that it felt that PSHE should be part of the national curriculum. Would he accept its recommendation? It is a widely held view among teachers that all children should receive this education, and many members of the expert panel are teachers.
At the same time, the Government have announced an internal review of PSHE—or at least I believe they will soon. Why have these two reviews been separated? Have decisions already been made about the fate of PSHE? In the light of the enormous body of opinion that PSHE is a vital element of the education of every child, why have the Government not seen fit to include it in the remit of their independent advisers? When the internal review concludes, as it most certainly will, that the quality of PSHE is terribly patchy and many children are being let down, what do the Government plan to do about it? Will they grasp the nettle and put this subject where it belongs, in the core compulsory part of the curriculum, and fulfil the right of every child? I beg to move.
Baroness Massey of Darwen
My Lords, I congratulate the noble Baroness, Lady Walmsley, on her rowing exploits today—even though I understand that we lost—and on her speech, as well as on providing more or less a whole PSHE syllabus in her amendment. I agree that this is not a single-party, but an all-party, issue and always has been. All parties have spoken on this, including from the Bishops’ Bench, with some support for her amendment. My Amendment 98, as the noble Baroness says, is fairly similar, but I want to tweak it a bit. I will say why in a minute.
Like the noble Baroness, I ask the Minister yet again about the details of the internal review. With the delay of the review we are sending the message to teachers, parents and pupils that this is not important. The review was announced eight months ago yet we still do not know what is happening with it. We ought to know.
We know enough about the subject area of PSHE to be able to do a quick review of it. We should not be denying young people access to the information and skills that they need to be human beings and to have knowledge about their own bodies. Supported by information and skills, they will learn about this.
We know that young people want PSHE on the curriculum and that parents support it. Only something like 0.2 per cent of parents ever withdraw their children from anything related to it. We know from surveys that many young people learn about, for example—
The Deputy Chairman of Committees
I am sorry, my Lords, there is a Division in the Chamber.
The Deputy Chairman of Committees
Before we continue, we have been given notice that some noble Lords are having difficulty in hearing the proceedings. It seems that a mobile phone is interfering not only with the loop in here but also with other equipment. I would ask noble Lords not just to put their mobile phones on silent, but to turn them off. Thank you.
We shall resume with the noble Baroness, Lady Massey, on Amendment 88.
Baroness Massey of Darwen
I will refrain from testing noble Lords on what I said before the Division. I was merely agreeing with my noble friend—she is my friend, but not in that sense—the noble Baroness, Lady Walmsley, in her amendments. I will say simply that parents and pupils support PSHE and that it is for the benefit of young people.
Sometimes schools provide the only source of information for young people on these issues. Parents may feel that they cannot provide it and, indeed, welcome the fact that someone else is giving their children this information. There will be more on that in a minute. Times change and the world has become increasingly complex. Years ago, who could have predicted a pandemic on the scale of HIV infection? I salute the noble Lord, Lord Fowler, on his courage and determination in raising awareness of the issue—in the face of much opposition at the time—and on his continued support through his committee. I see that awareness of HIV has now dropped and that young people between the ages of 16 and 24 make up 12 per cent of all new diagnoses. That is worrying.
We should also be concerned about other health issues such as teenage pregnancy, obesity, drugs, smoking, alcohol use and so on. I have read that we are in danger of facing an obesity pandemic, largely due to inappropriate diet. But these health issues are only part of the story. As the noble Baroness, Lady Walmsley, said, PSHE aims to foster good relationships with friends, parents and others. It aims to increase self-awareness and self-respect through an exploration of values and aspirations. It is known that young people who have good relationships along with a strong set of values and aspirations tend to be those who do not get pregnant or take drugs, and have a more confident body image.
Teaching has come a long way. I will not regale the Minister again with the full story of my own sex education when we—the girls, that is—had to knit a uterus. I would say only that it put me off knitting. I remember—
Lord Hill of Oareford
I hope the noble Baroness will forgive me. I just wanted to say that the noble Baroness did tell me the story about the knitted uterus when we completed the Academies Bill. The Bill team then kindly presented me with a knitted uterus in honour of the noble Baroness.
Baroness Massey of Darwen
It was not as good as mine. I remember a story told by a very humorous Roman Catholic nun. She was on a health education course with me some years ago. She said that she had been told to say that a girl should, when she danced with a boy, have the width of a telephone directory between them and that, if she got into difficulty, she should yell, “Stop it! I am a young Ursuline”. Incidentally, some excellent PSHE education takes place in Catholic schools, to which I shall come in a minute.
So I say yes to the amendments, but I want some modification. The notion of what I call the spiral curriculum gets lost in the amendments. By spiral curriculum, I mean teaching an issue very simply when a child is young and going into more detail as the child matures. Young children are able to grasp what foods are good for them and which are not without going into detail of nutritional bases and chemical formulae. Young children can explore the notion of friendships and good, respectful relationships without details of sex—they would not grasp them anyway, and that would be inappropriate teaching.
I remember the story of a little boy asking his mother where he came from. She thought, “Right, this is the teaching moment”, and went into stories about daddy's seeds and mummy’s seeds meeting. After a while, the little boy said, “Yes, but did I come from Birmingham or Luton?”. When I was teaching my two year-old grandson to play cricket, I did not toss a Michael Holding fast ball at him first thing: they were gentle lobs. Then they got faster. My point is that I would not exclude any stage of education from certain teaching; I would make the teaching suitable to the child and then build on what had been learnt. That is why a curriculum of PSHE is necessary—just like in maths or English—which builds on knowledge and skills that children learn gradually.
The other area where I have some difficulty with the amendment of the noble Baroness, Lady Walmsley, is in paragraphs (7) to (11) concerning faith schools and SRE. Although faith schools will still be required to teach SRE, they are exempted from teaching it in a balanced way which promotes equity and diversity. The amendment would give faith schools the right to allow the tenets of religion to override the principles that must guide the teaching of SRE in other maintained schools. That could lead to narrower teaching. The amendment tabled by me and my noble friends Lord Knight and Lady Gould would not prevent faith schools teaching SRE in ways that reflect their religious character, but it would guarantee pupils a right to teaching about all aspects of PSHE.
To return to Roman Catholic nuns, I have talked to many of them on courses. They say, “We can be very clear about our boundaries in what we teach in personal, social and health education. It does not mean that we cannot talk about contraception, abortion, homosexuality and what they mean. It means that we must give the perspective of our faith on those issues”. How sensible. That is all I am looking for.
We all have a particular perspective on all sorts of issues. We can make that perspective clear to young people. However, they should be given full and comprehensive education. I am a humanist, but I believe that young people should be taught about different faiths and cultures. Otherwise, we are in the dangerous territory of indoctrination—a word disliked by my noble friend Lord McAvoy. Indoctrination is not education. Education seeks to bring out the best in young people.
I say to the Minister: please say yes to the principle of having PSHE as a statutory right for all pupils of whatever age or faith. Let us get the appropriate curriculum and teaching sorted out.
Lord McAvoy
Can my noble friend give us a definition of what she considers to be education and what she considers to be indoctrination?
Baroness Massey of Darwen
I certainly can. If the noble Baroness, Lady Murphy, were here, she would give the example of a particular school where they learned the Koran for about 80 per cent of the curriculum, and very little else. I think that is indoctrination. Education should consider all aspects of a particular faith, of other faiths, of personal, social and health education, without restriction. Trying to persuade young people to adhere to a particular thing, which they may not be ready to adhere to anyway, may influence them in unfortunate ways.
Lord McAvoy
I am grateful to my noble friend for that clarification. I am sure she is fed up with me, but perhaps I could test her patience further. She considers indoctrination to be a set percentage of the curriculum by a Catholic school, for instance. Does she not accept that parents choose to send their children to Catholic schools or a particular faith school? I cannot grasp why people making legislation should restrict people’s choices. People are not dragged into these faith schools. People choose to send their children to these faith schools.
Baroness Massey of Darwen
My Lords, with all due respect, I think my noble friend is misunderstanding me. I am not saying that parents should not send their children to the school of their choice. All I am saying is that, as a parent, I would not wish my child to have his or her education limited to a particular doctrine or creed or particular way of teaching or particular aspects of teaching. I would want my child to have a very broad education. Earlier I gave the example of a Roman Catholic school where the nuns say they will teach in a broad sense but within the ethos of their own faith. That is fine by me.
Baroness Turner of Camden
My Lords, I support wholeheartedly what my noble friend Lady Massey has just said, particularly in relation to children learning about different faiths and so on and that being part of general education. Amendment 85B is very good and extremely well intentioned. The only problem I have is with its wording. Subsection (7) outlines the principles of PSHE, which of course are absolutely admirable, that it “endeavours to promote equality”, of course; “encourages acceptance of diversity”, of course; and,
“emphasises the importance of both rights and responsibilities”.
Of course we all agree with that; it is absolutely right. However, subsection (8) says:
“Subsections (4) to (7) are not to be read as preventing the governing body or head teacher of a school within subsection (9)”—
that is, schools with a religious character,
“from causing or allowing PSHE to be taught in a way that reflects the school’s religious character”.
That gives me a problem because subsection (7) could lead us into difficulty when it says, “endeavours to promote equality”. We are all aware that there are religions that, if you look at their precepts, are in dispute with the equality law that we have, and we want all citizens of this country to accept the rights that the equality law gives them. That sort of wording might lead us into some difficulty.
I do not have the same problem with Amendment 98, which has just been spoken to by my noble friend Lady Massey. Frankly, I would prefer that wording and that amendment to the wording in the amendment that is presently before us. However, I support the feeling behind both amendments, I think that it is right, and I congratulate both noble Baronesses on their commitment to these ideas, which I wholeheartedly support.
Baroness O'Cathain
I support the Education Bill and particularly the determination to have a slimmed-down national curriculum. In the fascinating debate on Monday, the noble Lord, Lord Sutherland of Houndwood, was right to advocate,
“a balanced education with a minimum core”,—[Official Report, 11/7/11; col. GC 224.]
which allows room for the professionalism of teachers. I strongly approach that approach.
In the same debate on Amendment 83, the noble Lord, Lord Knight, who unfortunately is not in his place and we know why, expressed the wish that children would get up in the morning wanting to go to school. The aim should be good teaching on core subjects that encourages all pupils to feel involved and indeed excited by a love of learning and increasing their knowledge. Maths would even bring alive the dreary subject of economics—I am sorry that the noble Lord, Lord Peston, is no longer with us. History could be expanded to show how social structures evolve, informing pupils on how to react to differing situations. What better way to develop good communication skills than to learn lessons from the best communicators of the past by studying works of the great poets, authors and orators?
However, Amendments 88, 89, 90 and 98 would take us in a completely different direction. As we have heard, their effect would be to expand the curriculum to introduce statutory personal, social, health and economic education for all maintained schools. As we have already heard this evening from the noble Lord, Lord Layard, PSHE is extremely difficult to teach. Now we have a situation: how can we have a slimmed-down curriculum and yet put in it more and more issues that are extremely difficult to teach?
Baroness Massey of Darwen
PSHE is a subject which, given the ethos and support for it in school, can run across all subjects in the curriculum. That is the focus for it. The noble Baroness is of course perfectly right about communication. However, it needs a core, even if it is a small one, of personal social and health education so that that core can expand into other subjects and be beneficial for the child. There is no denying that if we want good academic results in our schools we have to give a focus to relationships education and young people feeling comfortable with themselves and their own learning abilities.
Baroness O'Cathain
I am grateful for that intervention and the noble Baroness is absolutely right that all of that can be taught through the other ways. However, why are we going to duplicate and have a special core subject called personal, social and health education as well as insisting that it is part of the maths curriculum, the English curriculum, the history curriculum and whatever?
My greatest objection is to Amendment 98. If agreed, Amendment 98 would extend sex education to all children from five years of age upwards. I find this deeply concerning and even abhorrent. Many of us were very thankful that the previous Government ran out of time for similar plans before last year’s election. Among other measures, detailed sex education lessons for children as young as five were proposed.
Baroness Massey of Darwen
I am sorry to interrupt the noble Baroness again. The noble Baroness, Lady Walmsley, is saying they were not and I will leave her to deal with that. What I would like to say—and I did say earlier—is that the curriculum should be appropriate to the age and stage of the child. I gave the example of not lobbing cricket balls fast at my two year-old grandson, but to start slowly. I should not mention the press but this popular newspaper thing about sex education at five is quite inaccurate. Teachers do not do this. Teachers talk about relationships and friendships at five, they do not talk about HIV/AIDS and all the rest of that. It is simply not true.
Baroness O'Cathain
That is a marvellous statement that is simply not true, because it is actually said that you want to repeal the statutory requirement that sex education is not taught between the ages of five and seven. This amendment would repeal that statutory requirement. In other words, if you are saying that you want sex education for five to seven year-olds to stay exactly as it is, I have no problem.
Lord McAvoy
I am delighted to hear the noble Baroness say that she supports the rights of parents. If parents send their children to a particular school, she will obviously support them in that, and she will also support them in ensuring that the ethos of that school is maintained, especially one of a religious nature.
When it comes to the new section in Amendment 90, the difficulty is that I maintain—I will no doubt encourage further contributions with this—that the common threads of the amendments are designed to minimise, damage and gradually remove the religious element of faith schools.
Baroness Massey of Darwen
I am so sorry to interrupt the noble Lord again but I think that he has misunderstood a great deal of what I was saying. I am not trying to damage the ethos of faith schools. I am saying that the ethos of faith schools may well exist but children have the right to know about other faiths. I was talking today to a friend from Northern Ireland who said, “Look at what damage has been done in Northern Ireland by people not learning about other faiths”. I say no more.
Lord McAvoy
That is the second time that my noble friend has accused me of misunderstanding her. I fully confess that I have a very limited formal education but I do not have limited intelligence, and it is my responsibility to make a judgment that I see a thread in maybe one or two contributions from my noble friend, seeing as how she has introduced this subject. It is my opinion that there is a common thread to the amendments of the noble Baroness, Lady Walmsley, and my noble friend that are designed to—I withdraw the word “damage”—minimise or devalue the existence and practice of faith schools.
Lord Hill of Oareford
My Lords, I will not be quite as brief as the noble Baroness, Lady Hughes, but I shall do my best. As she said, it has in many ways been an extremely interesting and engaging debate. At its heart, apart from a few outliers, it boils down to a judgment that one has to reach as to whether the best way forward on addressing these important issues around PSHE, which we all agree need to be addressed, is through the statutory prescriptive route or through a different approach by trying to slim down the statutory provisions and the national curriculum, and leaving more space and opportunity for more skill—words used by the noble Baroness, Lady Howarth—for teachers to give children and young people the support that they need. Almost my first debates in this House just over a year ago were about PSHE and faith. Whoever said how tenacious my noble friend Lady Walmsley and the noble Baroness, Lady Massey—with whom I have had many discussions—have been on this subject was absolutely right.
We know that in a recent report on the subject, Ofsted found that PSHE education was good or outstanding in three-quarters of the schools visited and that pupils’ personal development was good in most schools visited and was outstanding in about one-third of the schools. However, that same report also found that there were weaknesses, particularly around sex and relationships education, and in some other areas that we need to find ways of addressing. At heart, therefore, is a generally broad agreement on the ends to which we are working but disagreement about the means.
The Government’s aim is to shrink the curriculum and to leave schools and teachers more time to decide for themselves what to teach—a point of view that received a fair amount of support from a number of noble Lords. Teachers have said that they feel that their professionalism is undermined by the overall degree of prescription to which they have been subjected. By stripping the curriculum back we want to give schools the space they need to offer a rounded education, including of course PSHE.
We know that PSHE covers a range of important areas and schools teach it in a variety of ways. It seems to me right that schools should have the discretion to teach it. They know their children. Different schools have different circumstances, and different kinds of children will need different support from their school. Ofsted has said that the most effective curriculum model seen was one in which discrete, regularly taught PSHE lessons were supplemented with cross-curricular activities. That point has also been raised. We are keen to see good practice being shared with the minority of schools that are not teaching the subject as well. Our priority should be to support schools in their efforts to do better by their pupils. That is why we are carrying out the internal review which we have heard about, which has two main objectives: to consider what should be taught; and to look at how schools can be supported to improve the quality of all PSHE teaching. That may be a new element, different from the work previously carried out by the noble Lord, Lord Knight.
I completely understand the impatience of the noble Baroness, Lady Massey, and my noble friend to hear from the Government when this fabled review will heave into view. I have been saying for some time to the noble Baroness, Lady Massey, that it will be soon or shortly; I think it is very soon or very shortly, and as soon as we are there, I will of course circulate that to all Members of the Committee.
Baroness Massey of Darwen
Does the noble Lord mean that it will be finished soon, or that it will be started start soon?
Lord Hill of Oareford
I know that the noble Baroness is keen that the review should be as short as possible and that she thinks that much of what it covers has already been covered—we have had that discussion before. I hope that it will start soon, and then aim to conclude by the end of the year.
On the points made about sex and relationships education, as part of our review we will determine how we can support schools to improve the quality of their teaching in this area. As I mentioned, Ofsted’s report on the matter says that sex education is one of the weaker aspects of PSHE. This is perhaps a sign that legislation of itself is not a necessarily a guarantee of good quality teaching, since that is the part that is statutory.
On as emergency life support skills are concerned, I agree with the noble Baroness, Lady Massey, that equipping young people to be able to step in where lives are at stake is extremely important. I know that many schools, and organisations such as the British Heart Foundation and St John Ambulance, do absolutely brilliant work. My own wife is a trained first-aider, something which she needs for the work she does for Riding for the Disabled; so I know how important it is. That is one reason why we are so keen to review the national curriculum: so that the statutory content will take up less of the timetable, which in turn will enable many more schools to get involved in things such as the British Heart Foundation’s Heartstart programme.
We know that there are many things—and my noble friend Lady Walmsley spoke about them with great experience and passion—that pupils need to learn about and can benefit from. We heard from the noble Lord, Lord Layard, who sadly is not in his place, about the link between well-being and the ability to learn. Of course that is true, but attempting to define those things from the centre, and be prescriptive about what schools must teach, removes teachers’ and school leaders’ ability to use their professional judgment.
We had an interesting exchange about inspections. Of course the new school inspection framework will cover the spiritual, moral, social and cultural development of pupils. I know that the noble Lord, Lord Sutherland, was making a point echoed by my noble friend Lord Lucas about the frequency of inspection—we will come on to talk about that under later groups. We will also come back to discuss thematic reviews and the risk assessment process, issues mentioned by my noble friend Lady Perry of Southwark. We know that the majority of schools already deliver good PSHE education, which is not currently a statutory part of the curriculum. I agree that we need to look at how the quality of PSHE teaching can be improved and what its content should be; that is what our review will look into. I know that I will disappoint my noble friend Lady Walmsley who has clear and strong views on this, but with these comments I ask her to withdraw her amendments.
Education Bill
Baroness Massey of Darwen Excerpts(12 years, 10 months ago)
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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.
“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.
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.
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.
Education Bill
Baroness Massey of Darwen Excerpts(12 years, 10 months ago)
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Viscount Eccles
My Lords, this might be a good opportunity to follow my noble friend, whom I think I first met 60 years ago. We are discussing best practice and experience, and it seems to me that the three amendments represent a lot of experience and best practice. However, I would be very doubtful as to whether any of the matters in the three amendments should be statutory or matters for the Secretary of State. If these matters cannot be dealt with within the education system itself, I do not think that they ever will be.
Baroness Massey of Darwen
My Lords, perhaps I may return to the amendment tabled by the noble Lord, Lord Lexden, who has called himself a novice but was extremely cogent. The amendment refers to the,
“duty to promote academic partnership”.
I wonder whether that is what the noble Lord really means. I know that there are partnerships of all kinds between schools. He mentioned some in music and sport. I am slightly worried about the word “academic”. I am not challenging him but I want to highlight it.
Baroness Howe of Idlicote
My Lords, like other noble Lords, I think that the aspiration behind these amendments is to be applauded. The hours that might or might not be available are more of a problem. Whether there should be some tinkering with the hours required must be a matter for more careful thought on Report. Certainly, I am intrigued by the amendment in the name of the noble Lord, Lord Lexden, and there is a lot to be said for it.
We have got quite a lot of flexibility in how academies will develop. Whether there is room for this in the new schools, I do not know. At one of the schools I was at, the Fleming report approach worked extraordinarily well. There was no question of other students knowing about it at all. Everyone was very much on a par and no one knew who was entering in that way and who was not.
My question for the Minister is: who is in charge and are they sufficiently qualified to teach those who are being educated in prisons—young offenders and so on? There is a great deal of young offender education, which I know the Government want to put on a much more comprehensive basis and for many more hours. Under those circumstances, it would be good to know whether any of these amendments might apply.
Baroness Garden of Frognal
We will sort that out in the letter because that is certainly not the intention.
Baroness Massey of Darwen
Could the Minister also explain what the situation will be in so-called free schools where, as I understand it, people can teach without qualifications?
Baroness Garden of Frognal
They are independent schools, so the freedoms that have pertained for some time in the independent sector would apply to free schools.
Baroness Massey of Darwen
But the independent sector does not have unqualified teachers.
Baroness Garden of Frognal
They do not need NQT status in free schools or independent schools. That is not a change.
Education Bill
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Baroness Garden of Frognal
Parents do not necessarily answer their phone. The fact that one has sent a letter home with the child does not necessarily mean that the child has passed it on—I can remember that being the case when I was a teacher. In some cases it was difficult to get hold of the parents to ensure that the message had been sent through. I come back to the point that, were there a difficulty at home, teachers and head teachers would be aware that it might not be an appropriate action to take. It would be taken only where it was deemed to be the right thing to do.
Baroness Massey of Darwen
Is the Minister aware that quite often teachers and heads are not aware that there might be a problem at home? My noble friend gave the example of young carers. Young carers often do not wish to be known as young carers. I find “appropriate” and “reasonable” quite difficult to grasp in these circumstances.
Baroness Garden of Frognal
In the case of pupils who were young carers, one hopes that that would be known by the schools, although I grant you that it might not be. Once again, we come back to the fact that detentions without 24 hours’ notice would occur in very exceptional circumstances. Teachers would ensure with the pupils concerned that there was no reason for it to be inappropriate for them to be detained in those circumstances. Teachers are already legally required to take appropriate and reasonable action in giving an out-an-hours detention and to consider all the relevant circumstances. I do not believe for one moment that they would be gung-ho. We should listen to head teachers when they tell us that this measure will help them.
My noble friend Lord Willis asked how many schools applied for a power to innovate. The answer is probably none, because few schools have ever applied to use the power for any reason. It would simply be something that they had it in their power to do if the need arose.
Lord Collins of Highbury
In moving the amendment, I acknowledge the support that I have had from both Stonewall and the Equality and Human Rights Commission in preparing it.
At Second Reading, I highlighted that homophobic bullying was reaching epidemic levels in our schools. I made it clear that this type of bullying affects young people regardless of sexual orientation in all schools including faith schools, academies and free schools. Stonewall recently published disturbing polling evidence revealing that nine in 10 secondary schoolteachers say that pupils, regardless of their sexual orientation, currently experience physical homophobic bullying, name-calling or harassment in their school. One in four teachers says that this happens “often” or “very often”.
The Government’s schools White Paper states that,
“tackling bullying is an essential part of raising attainment”.
However, while debating provisions within the Bill giving teachers the power to tackle bullying when it happens, we should not forget that schools must be in no doubt that they have a fundamental responsibility to prevent such bullying happening in the first place. Schools need to be environments where young people feel comfortable in reporting homophobic bullying. The amendment proposes that a requirement be placed on schools to record and report incidents of prejudice-based bullying. The requirement would apply to all schools, including free schools and academies.
I welcome the provisions in the Bill which attempt to deliver on the commitment to tackle bullying as set out in the White Paper, The Importance of Teaching. Nick Gibb, Minister of State for Schools, confirmed at Second Reading in another place:
“The coalition Government are committed to tackling all forms of bullying in our schools, including homophobic bullying, and the Bill makes a start by tackling the root cause of bullying—poor behaviour in our schools”.—[Official Report, Commons, 8/2/11; col. 261.]
There is scope in the Education Bill to do more explicitly to tackle identity-based bullying, which, as I have detailed, is a significant and growing problem.
Both Stonewall and the Equality and Human Rights Commission recognise the importance that government places on freeing schools from unnecessary bureaucracy and regulation. Therefore, a new requirement for data collection should not be proposed lightly—and I do not propose it lightly. However, the evidence of the size of the problem, its persistence over time and its impact on young people’s lives suggest that this is a proportionate and necessary measure that will enable Ofsted, parents and pupils to hold schools to account for their progress in tackling bullying.
The EHRC evidence shows that reporting on racial bullying is already widespread, with 75 per cent of local authorities collecting data from their schools on the extent of racial and ethnic bullying. Therefore, in my opinion, it would be straightforward for existing collection and reporting mechanisms to be extended to allow for the collection of data on other forms of bullying, such as bullying on the basis of sexual orientation and religion or belief.
Another concern is the lack of data gathering to monitor incidence of prejudice-based bullying by schools, perhaps compounded by new draft guidance issued by the Department for Education. This guidance provides information on preventing and tackling bullying and streamlines previous advice, but ultimately leaves decision-making on whether to keep written records to schools. In my view, keeping records is an essential tool to tackling bullying. It is an evidence-based approach to tackling this problem. The public sector equality duty requires schools to eliminate unlawful discrimination, harassment and victimisation and to consider how they could positively contribute to the advancement of equality and good relationships. As such, they are required to analyse the effect of their policies and practices on all the protected grounds.
Prejudice-based bullying is clearly one of the key issues affecting pupils, and a requirement to record and report across all protected grounds would help schools to meet their duty to support improvement in educational experiences and outcomes for pupils. I beg to move.
Baroness Massey of Darwen
My Lords, I thank my noble friend for this amendment. He makes many powerful points about homophobic bullying. This is a very serious issue. Research has shown that many young people who are gay feel excluded and even suicidal when they are bullied because of their sexual orientation. Bullying has become a very much more complex issue in recent years. It can happen to any child, and some more than others. The person who is doing the bullying also has problems, as well as the child who is being bullied. We have to tackle all that complex mix.
Mobile phones and the internet, in and out of school, have driven some young people who are bullied to suicide, not just to suicidal feelings. We need to look at this very seriously. The issue of keeping records is important, but I would go back to something that I remember Graham Allen saying recently. One thing is having the firemen to deal with a situation but, before that, we need to have smoke alarm systems. I want to talk about the smoke alarms here, not literally but metaphorically.
We need to teach about bullying, in PSHE or wherever, and address the reasons why some people are bullied, why some people do the bullying and the feelings involved there. That is the first point. We need to discuss bullying with pupils in school and have them express their feelings about it. It is also a matter of what is happening in lessons and within the school’s own ethos: how does the school tolerate this?
There is another issue about having a school policy on bullying and on behaviour generally. We mentioned school councils the other day, and I gave the example of the school where I am a governor having a council which sets for each classroom, in an agreed form, the classroom behaviour code. This should be encouraged by schools because it is devised by the pupils themselves. Where the pupils have an issue and make the policy—on bullying, for example—it is much more likely to be effective. While I agree with my noble friend about keeping records, it is also important for schools to have a policy on bullying which is kept to and agreed by the pupils.
Baroness Whitaker
My Lords, I support my noble friend’s amendment for all the reasons that he set out so comprehensively, but also because identity-based bullying is a particularly prevalent experience for Gypsy and Traveller children. Indeed, it is thought to be responsible for much of the 20 per cent drop-out rate at secondary level. I have heard harrowing examples from Gypsy and Traveller members of the UK Youth Parliament about their own and their siblings’ and cousins’ experience, which included sometimes indifference, or even collusion, on the part of the teachers.
About three-quarters of local authorities collect information on racial and ethnic bullying. I am not sure that they always think that bullying Gypsy and Traveller children is ethnic bullying. In any case, the schools which do not supply the information or collect examples of that and other identity-based bullying most need their practice exposed and improved. It will surely help to address poor behaviour and, as my noble friend says, it will not be an onerous addition to raise the standard of the worst to the best. I hope that the Minister will entertain the possibility of accepting this amendment.
Education Bill
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Baroness Massey of Darwen
My Lords, I follow on briefly from what the noble Lord, Lord Elton, has just said. I have experience of school councils working extremely well. Not only do they discuss the usual problems of boys’ toilets, dining, eating snacks and so on but they discuss discipline issues. I am a governor at a primary school and the youngest children are involved in deciding on the school rules and discipline. As a result, a contract is passed down to each classroom regarding how the children should participate and how they should behave in the school. I am glad that the noble Lord mentioned school councils. I think that school councils should be included somewhere in the Bill in relation to consultation with school pupils. In my experience, that is one of the best ways of consulting pupils in deciding what the school rules should be and how they should be applied.
The Parliamentary Under-Secretary of State for Schools (Lord Hill of Oareford)
My Lords, before I respond to the points raised in today’s debate, I should like to pick up briefly on the issue that we were discussing when we ended our session on Tuesday, including the points raised by my noble friend Lady Walmsley and other noble Lords about training in relation to searches. In the intervening day and a half, I have reflected on some of those points and I agree that some additional advice to schools would be useful. Therefore, I am happy to commit to recommending to head teachers in guidance that, when they designate a member of staff to undertake searches, they should actively consider whether that member of staff requires any additional training to enable them to carry out their responsibilities. This revised advice will be published in July before the start of the summer holidays.
So far as concerns today’s amendments to and discussion on Clause 2, the main purpose of the clause is to try to give schools as much freedom as possible to respond to their own circumstances and challenges. We know that under the existing legislation head teachers and authorised members of school staff can search for knives and weapons, alcohol, illegal drugs and stolen property. The current situation, as set out by my noble friend Lady Walmsley is that the person conducting the search must be the same sex as the pupil being searched and the search must be witnessed by a member of staff. Where practical, the witness should also be the same sex as the pupil. That is where we are now.
With regard to the provisions in Clause 2, we propose to extend these powers to allow schools to search for any article that they suspect has been or could be used to commit an offence, cause injury or damage property. It will also allow them to search for items banned by the school rules where they have been identified in the rules as an item which may be searched for.
In addition to adding to the range of items which may be searched for, the provisions will make changes to how searches can be conducted, as my noble friend said. They will allow searches to be carried out by a member of staff who is of the opposite sex to the pupil being searched and also searches without a witness. I emphasise that these changes are subject to what we believe to be strict safeguards. Searches can take place only where the searcher reasonably believes that there is a risk that serious harm will be caused to a person if they do not conduct the search immediately. Therefore, these powers could not be used to search for innocuous items banned under the school rules; there must be a risk of serious and imminent harm.
Amendments 25, 13 and 14 relate to searches being conducted under the school rules provisions. Perhaps I may briefly set out our intention behind this provision and the safeguards here that I think will help to guard against it being used inappropriately.
Our intentions in including a specific power which enables teachers to search for, and confiscate, any item identified in the school rules are to enable teachers to deal effectively with items which, although not harmful, can still cause problems in the school.
The current powers to search pupils without consent are already subject to a number of safeguards. Searches can be carried out only by the head teacher or someone authorised by them to search; they can take place on school premises or off the school premises only when the member of staff has lawful control or charge of the pupils; and they can be conducted only if the staff member has a reasonable suspicion that the pupil is in possession of a prohibited item. The pupil cannot be required to remove any clothing, other than outer clothing.
The school rules provisions introduced by this Bill will be subject to additional safeguards. First, an item can be searched for only if it is identified in the school rules as an item that can be searched for; and secondly, the school rules must be determined and publicised by the head teacher in accordance with Section 89 of the Education and Inspections Act 2006 or, in the case of academies, in accordance with regulations that mirror Section 89. That point was raised by the noble Baroness, Lady Jones of Whitchurch. This means that the head teacher must publicise the school behaviour policy, in writing, to staff, parents and pupils at least once a year. Furthermore, the use of force is explicitly excluded from this provision. These specific requirements will help to ensure that teachers, pupils and parents will know which items are subject to searches. The power is, in the Government’s view and in that of the Joint Committee on Human Rights, compatible with convention rights.
I turn to the test of reasonableness and the points raised by my noble friends Lady Walmsley and Lord Elton. I understand the thinking behind the amendment moved by my noble friend Lady Walmsley; she is obviously concerned that schools could include frivolous or unreasonable items in the list of items that can be searched for. While I do not believe, and I do not think that she would believe that in practice governing bodies and heads would be likely to behave in a frivolous way, we think that there are existing safeguards in place which govern how schools set their school rules. That relates to the question posed by my noble friend Lord Elton. These are set out in Sections 88 and 89 of the Education and Inspections Act 2006. Section 88 requires that the governing body of a school must make a written statement of general principles from which the head teacher will draw up the school’s behaviour policy, which includes the school rules. The governing body is required under Section 88 to consult parents and pupils as part of this process. I hope that in some way that will reassure my noble friend. The governing body is also required, when making the written statement of general principles, to have regard to guidance issued by the Secretary of State. There is also a legal requirement on head teachers to have regard to this statement in determining the school rules and to bring the school’s behaviour policy to the attention of staff, pupils and parents at least once a year.
The Government intend to use that guidance, among other things, to explain the nature of the obligations of necessity and legitimate aim under Article 8.2 of the European Convention on Human Rights. As with public authorities generally, the head teacher in drawing up the school rules would have to act reasonably. So I hope overall that my noble friend may accept that there are safeguards in place and that with those safeguards we should feel more reassured that we can trust schools to judge which items they need to search for in the context of their particular school.
I turn to the content of electronic devices and the examination and deletion of what might be on them. Clause 2 would permit the member of staff who seizes an electronic device to examine any data or files on the device, if they think there is good reason to do so. Following such an examination, the person may erase any data or files from the device if they think there is good reason to do so. I think that this point was accepted earlier in the week. There is agreement that the misuse of mobile phones and other electronic devices is a growing problem in our schools. According to Bullying UK, around one in seven young people have been threatened or harassed by mobile phone.
A study by the Association of Teachers and Lecturers published last year in March, suggested that one in seven teachers had been the victim of cyber-bullying by pupils and parents. I was struck that the Association of School and College Leaders welcomed this provision in its evidence to the public evidence session for this Bill in the other place as a way of schools dealing with cyber-bullying without involving the police, which is an important point. We do not want to get to the point where schools have to call the police to deal with matters when they could deal with them with some common sense and in a safe and orderly environment within the school.
I understand the concerns of my noble friend Lady Walmsley that the provisions in the Bill might give members of staff carte blanche to examine or delete the content of a pupil’s mobile phone. But we believe that by requiring the member of staff to have a good reason before doing so, and to have regard to guidance, the clause protects pupils from random searches of their property and provides a robust test which must be passed before a pupil’s personal information on his or her mobile phone can be deleted.
I did, however, listen to what my noble friend said and obviously like her read the comments from the JCHR. In order to address those points, I think we should make more explicit in our guidance that any examination or erasure of data or files must be justified. By this I mean that the guidance should make it clear that the staff member must reasonably suspect that the data or file on the device in question has been, or could be, used to cause harm, to disrupt teaching or break the school rules in some way. I can also commit to the guidance providing advice on the circumstances in which data can be erased and when that can be handed to the police. I hope that that provides my noble friend with some reassurance.
My noble friend also raised the point about the need to respect the private life of the pupil and the pupil’s family, and on the circumstances in which it is appropriate to involve the parents of the pupil. I understand her concern that pupils are protected from any unnecessary intrusion into their private lives. The Secretary of State’s guidance will make it clear that any examination or erasure of data or files must be justified. It will also explain to schools the nature of their obligations under the ECHR and emphasise the importance of respecting a pupil’s personal information and right to privacy.
As my noble friend Lady Walmsley suggested, I would be happy to share with her and other Members of the Committee who would be interested a draft of the Secretary of State’s guidance in advance of Report, so that she can be assured of its helpfulness and we can benefit from their expertise.
I hope that that reassures noble Lords that checks are in place to ensure that these powers could not be used inappropriately. I have committed to include additional safeguards in guidance and to share that guidance as the Bill progresses through this House. On the basis of those reassurances, I hope that my noble friend Lady Walmsley will feel able to withdraw her amendment.
Baroness Jones of Whitchurch
My Lords, our Amendment 17 mirrors much of what is in Amendment 16, but with slightly different wording in that it reinstates the protections that were introduced with very good reasons in the first place. They were to have a witness and for searches to be carried out by members of the same sex. I very much echo what the noble Baroness, Lady Walmsley, has said in this regard. We have touched on these issues in previous debates—it has been a bit of a running thread—but it does not diminish the force of the argument or the need to firm up the checks and balances that we need when teachers are operating in day-to-day school life.
Head teachers already have the power to search pupils. The powers already give teachers and head teachers the power to search, to use reasonable force to control or restrain a pupil, to stop a pupil committing a criminal offence, to prevent injury or damage to property, and to maintain good order and discipline.
In the Commons stages, colleagues debated why these new powers were necessary in addition to the existing ones and when they would be used. The answers at that time from the Government were unclear, and the Minister, Nick Gibb, was unable to give a convincing example of when these new powers would be needed. For example, when would a teacher need to search a pupil’s possessions without a witness being present? Moreover, in the evidence-taking sessions in the Commons, Brian Lightman, the head of the ASCL, said:
“I have been a head for 15 years. I cannot imagine a situation where I would sanction any of my staff searching a member of the opposite sex without a witness present. In fact, I wouldn’t allow anyone to search a member of the opposite sex, full stop”.—[Official Report, Commons, Education Bill Committee, 1/3/11; col. 24.]
Similarly, the representation from the teaching unions made it clear that their members would be very wary of using these new powers.
Perhaps more importantly, children’s rights are paramount in this regard. Many of us will have received the mailing from an alliance of children’s charities raising concerns about the extended search powers. It rightly draws our attention to the protection of children’s privacy in the UN Convention on the Rights of the Child and the Human Rights Act. It agrees with our position that the case for extended powers has not been made. Instead, it urges the Government to conduct a review of how the existing search powers have been implemented before commencing with any new powers. To me, that makes perfectly good sense.
In addition, these powers are so broad that they give teachers greater search powers than a police office would have under the stop and search provisions. For example, in the Police and Criminal Evidence Act 1984 the police powers to stop and search require,
“reasonable grounds for suspicion, before they may be exercised, that articles unlawfully obtained or possessed are being carried”.
Under Section 60 of the Criminal Justice and Public Order Act 1994, stop and search must be based upon a reasonable belief,
“that incidents involving serious violence may take place”,
or that people are,
“carrying dangerous instruments or offensive weapons”.
We do not need to give teachers these additional powers. As the noble Baroness, Lady Walmsley, rightly pointed out, if anything this will endanger the pupil/teacher relationship and put teachers at risk. In all these circumstances, we do not believe that the case has been made for opposite sex searches and searches without a witness. Therefore, we commend Amendment 17, as well as Amendment 28, which applies the same principles to FE colleges. I shall not rehearse the arguments, but we believe that the same ones apply.
Baroness Massey of Darwen
My Lords, I should like to know where the parents are in this. If I were the parent of a child who had been searched at school by a same or opposite sex—but particularly opposite sex—teacher, I think I would be mightily cross if I had not been informed. If I were a head teacher, I would hate to be on the receiving end of a parent’s anger at their child being searched. The witness should ideally be a parent. Has that been thought of in the Bill? Are parents excluded from this procedure? It is an issue that should be considered.
Baroness Benjamin
My Lords, Barnado’s deals with a lot of children who have been groomed for sexual acts. If a child who had gone through that kind of procedure were searched at school, it would have a devastating effect on them. I remember once launching one of our projects for Barnardo’s—I declare an interest as one of the vice-presidents. I put my arm around a young girl because I always like hugging people, but when I did that she flinched like an animal. I wondered why and the counsellor told me that she had been groomed since she was a 10 year-old child. She was now 15 and people showing her any type of affection had a devastating effect on her. Imagine what that girl would go through if she had to be searched at school. I fully support my noble friend Lady Walmsley’s amendment. This is something that should be carefully thought through before we put it into the Bill.
Baroness Brinton
I also support the comments made by the noble Lord, Lord Laming. I confess that in the mid to late 1990s, I was chair of education in an authority where we had such an incident before the Act came in and there was a duty to co-operate. I remember at the time the deep shock as a fairly new councillor and certainly as a new Cabinet member at understanding that we had completely failed. The system had failed. I welcomed the Act when it came in.
I also echo the points that the noble Lord and others made—the noble Baroness, Lady Howarth, in particular—about a number of cases that have been reviewed since. I would say to my noble friend Lord Phillips of Sudbury that I do not think you need to take a school to court. All you need to do is look at the serious case reviews where recommendations have been made to schools that have failed to ensure that follow-up happens.
I am sure that the many schools that want to co-operate will continue to do so. The problem is with the small number that do not believe it is in their interests. I am sorry to go back in time, but I remember some grant-maintained schools in the 1990s feeling that it was an absolute liberation to be free of the local authority and doing everything that they could not to co-operate with it. I fear that we might end up with that sort of encouragement again among academies and free schools were we to lose the duty to co-operate now. It is vital that we retain it.
I have one further point that is not about safeguarding in the sense that much of this debate has focused on. In many other areas local authorities, not just upper-tier authorities with responsibility for education and social services but district and borough councils, should have a duty to co-operate for services that children receive across the board. That has to include library resources, playgrounds and provision of school places at a strategic level. Where more schools can do their own thing and there is no longer a need for an admissions forum, a duty to co-operate at the highest strategic level to ensure that there is the right provision for children in an area is absolutely vital.
Baroness Massey of Darwen
My Lords, I want to make a small contribution to this excellent debate and thank the noble Lord, Lord Laming, for his introduction. I am a great admirer of the noble Lord. The Climbié report that he so admirably produced led to a great deal of rethinking on vulnerable children.
Some of the issues that he and others raised are about not being able to educate without looking at the whole child—a point made by the noble Baroness, Lady Howarth, and a few other noble Lords. I also thank my noble friend Lady Morris for her potted history of education, which was very useful.
Education Bill
Baroness Massey of Darwen Excerpts(12 years, 10 months ago)
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Baroness Massey of Darwen
My Lords, I make one or two comments following up what other noble Lords have said. First, on the Graham Allen report, what struck me was that it talked not just about emotional support, which of course is necessary, but about brain development. We must tackle that issue. Children's brain development happens very early, from the day they are born. If we do not get in there early with interventions, the child's brain will suffer as well as its emotional development. I agree with the noble Lord, Lord Ramsbotham, about the assessment, and with the noble Baroness, Lady Howe, about resources. I believe that the second part of the Graham Allen report will be launched shortly—so the Minister keeps telling me. I wonder whether the Minister has any news on the launch of the second part, which is to do with the resourcing of early years. I hope that he will be able this afternoon to give us some news about that resourcing.
I also want to make a point about stepping back. The noble Lord, Lord Northbourne, has often talked about the need for parenthood education—not just developing children when they are born but stepping back to the generation before and teaching them how to be good parents. That is something that we may pick up on when we talk later about personal, social and health education, or whatever we are calling it. Parenthood education has to be borne in mind when we talk about early intervention for children.
Baroness Perry of Southwark
My Lords, I think we are united on all sides about the importance of the early years. I congratulate the noble Lord on suggesting the designation of the foundation years; that is particularly welcome.
However, I must express considerable concern about subsection (2) of Amendment 1, which puts massive responsibility on local authorities. That is a responsibility for every child born in that the local authority area, including children of parents who are more than competent and motivated to provide all that is necessary for their child, with,
“healthy physical, social, emotional and cognitive readiness to enter school”.
The resources required for a local authority to be able to do that for every child are enormous. Surely those resources should be targeted on children where there is inability—for good or ill reasons—in the family to provide that readiness.
Perhaps it is a matter of wording, but I do not think that we should give responsibility to the local authority for every child born in its area. For every family, every time a baby is born, to have the local authority and its various agencies move to intervene in the raising of that child is neither feasible nor desirable. Let us concentrate our attention where it is needed and not impose those blanket requirements on a local authority.
Lord Elton
My Lords, what my noble friend’s amendments seek to do is not only desirable but in line with the Government’s policy. The Minister’s problem is not whether or not to agree but how to set about obtaining that end, which may not be as proposed in the amendment. However, the issue is so important that if it is in doubt it should be protected, if not in statute then in supplementary legislation. I hope my noble friend will be able to give reassurance in that direction.
Baroness Massey of Darwen
I, too, have had grandchildren at a Montessori school and I have a great regard for the system. Why are we suddenly throwing in Steiner schools when they are not mentioned in the amendment? I understand that there are good reliable figures to show the effectiveness of the Montessori system; are there such figures for the Steiner system? I simply do not know.
Baroness Benjamin
My Lords, I support the amendment. I, too, have great admiration for the Montessori system because my daughter went to a Montessori school and it got the best out of her. I believe that young children need to be excited by learning, by discovering who they are, by play and by forming their own self-opinion and doing things that are beyond them. The Montessori system is one of the best ways of getting children to understand who they truly are, especially if they then go on to conventional education in schools. It broadens their outlook, it makes them excited about learning and the amendment should be supported by everyone in the Room.
Baroness Jolly
My Lords, I shall speak to Amendment 20, which is narrow in scope but concerns an area that has been completely missed out. It is for those schools—I suspect that they will be predominantly secondary schools—which have security staff on the premises who will be employed, appropriately trained and well fitted to carry out such searches.
One of the most difficult relationships to keep nurtured is one between a teacher and a child. I taught for 15 years. You work really hard, and when they are good they are very good and when they are bad, something such as searching a child cannot help. The amendment suggests that where there is a security member of staff, no other member of staff should be asked to search a child. It would be the role of the security staff to do that. They are appropriately trained; they know what they are doing. That will also help to keep the relationship between the teacher and the child. It will give clarity to all concerned. The children know that if any circumstance crops up, it will not be a member of staff doing that; not only the child but the governors, the head teacher and the parents know; it is crystal clear that a member of staff whose role is security will do that. I ask the Committee to view the amendment favourably. The Minister is nodding, so that is very positive. I hope that he will view this as something that will plug a gap. He says, “No, resist”.
Baroness Massey of Darwen
My Lords, I have real concerns about this part of the Bill. If ever I saw a can of worms—I do not see them very often—this is it. It is contentious and sensitive. Obviously, ideally, we do not want young people to be searched at all, but I want to get over negative and punitive provisions and move on to more positive ones. I will give a couple of examples to illustrate that in a moment.
This part of the Bill is likely to result in a lack of dignity for both pupil and teacher or a security person—the person who is doing the searching. Some amendments about boundaries for examination, issuing rules about items for which a search may be made, training of staff and the search being carried out by a senior member of staff, may mitigate all that, but consider the chaos that may ensue.
Many years ago, I went to school as a pupil in Darwen, Lancashire, a sleepy little town in the foothills of the Pennines. It was in the news about two months ago because teachers had gone on strike due to a breakdown in discipline because of confiscated articles. As I said, the town is very sedate, and I could not believe what was going on. They had gone on strike because of discipline issues about confiscating mobile phones, I think. It was about who confiscated what—it was highly subjective—and why they were confiscated. One minute, something was confiscated; the next minute, it was restored. It was absolute chaos.
The other example that I recall from when I was teaching was of a male teacher grabbing a 15 year-old girl’s handbag. A nasty fight broke out, which I could hear from down the corridor. I heard her yelling, “Get your hands off a lady's handbag”. I had to intervene, being her head of year. I said, “What is in the handbag?” She said, “My hairbrush and some personal items”. I merely use that example to show the inappropriateness of a male teacher being seen to interfere with what a girl pupil sees as her private items.
What is in the Bill is more contentious and dangerous than the examples that I have given. It states that staff can go through phones, laptops and delete information,
“if the person thinks that there is a good reason to do so”.
Imagine what that means. It could set up conflicts between pupils and teachers, staff and senior management, staff and parents, pupils and parents, pupils and pupils. All kinds of things could go on. There is the same-sex issue. There are cultural issues, abuse issues and special educational needs issues.
I accept that pupils should not be bringing into school items that can harm others, which are illegal or which can cause chaos in the classroom—for example, mobile phones—but, and it is a big “but”, surely a school must have rules and contracts which do not permit certain items to be brought in or, if they are, insist that they should be placed in the pupil’s private locker. That provision exists in many schools.
I know many schools where searching is not an issue. A head teacher at a school in east London said to me recently, “We have no tolerance of mobile phones, not an issue about searching at all. Pupils understand this; parents understand this”. Much of the provision is heavy-handed and can give rise to real negative, personal, contentious issues arising. Surely an amendment can be thought of which gives schools the power to ban certain items and make that clear to pupils and parents.
Educating to encourage respect for people and property is a must. No doubt we shall come on to that when we discuss personal, social and health education. Discipline in schools is not just about punishment; that does not work. This part of the Bill is about punishment and creating difficulty for parents, teachers, pupils—the lot. I plead with the Minister to look carefully at it again. Otherwise, in searching pupils, schools will provide the catalyst for conflict for young people in any context.
Baroness Perry of Southwark
My Lords, the noble Baroness, Lady Massey, always talks a great deal of sense, and I absolutely agree with her about the can of worms. The whole issue is a can of worms, not just what the amendments address.
It would be wonderful if we could assure ourselves that every school in the country had such excellent discipline that rules about what can and cannot be brought into the school would be instantly obeyed, that children who have been told that they had to put things in lockers would do so, and so on. Unfortunately, in many schools, that is not the reality. There are crisis incidents where a teacher will suddenly become aware that not a child but a large, hulking teenage boy is carrying a knife and bringing it into the classroom at the end of a fight or row outside and there is every chance that he may intend to use it. At that point, a teacher has to take action. Whatever legislation and whatever framework the House or Parliament can produce has to allow for such a crisis for teachers.
Schools: Well-being Education
Baroness Massey of Darwen Excerpts(12 years, 10 months ago)
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Baroness Massey of Darwen
What are the precise criteria for inspecting well-being in schools? It cannot be just a catch-all phrase; it must be more specific. Will communities, including parents, be involved in any feedback to the inspectors on the success of the plans?
Lord Hill of Oareford
I think that in an Ofsted inspection it would be a matter of course for parents to have an opportunity to make their views known. However, I will check the point and, if I am wrong, come back to the noble Baroness. I shall also look specifically at her point on the terms of reference. By asking Ofsted to concentrate on four key areas, quite broadly drawn, we are providing it with an opportunity to look into these important matters. I very much agree with the noble Baroness on the importance of PSHE, and how it can help prepare children in a whole range of different ways.
Education Bill
Baroness Massey of Darwen Excerpts(12 years, 10 months ago)
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Baroness Massey of Darwen
My Lords, I want to focus on the importance of a balanced school curriculum and on the rights—the entitlement—of the child to that curriculum. A balanced curriculum is one which enables a child to thrive academically, spiritually, emotionally and socially, and which fits her or him with the skills to find productive work and enjoy leisure. It encourages self-respect and respect for others. I like what the noble Lord, Lord Edmiston, said about grace and integrity in that regard. Such a curriculum involves the arts, IT, economics, sport, culture and life skills as well as academic learning.
I am concerned about how the rights of the child are reflected in the Bill. I do not mean any legalistic definitions of rights or permission for a free-for-all; I mean fairness, respect and justice for children while also teaching them about responsibilities. My experience as a parent and teacher convinces me that when children are treated with fairness and respect they thrive and that when they are not they may become stultified and problematic. These problems may translate themselves into problems for future generations. I do not think that the Bill addresses these concerns.
As regards early years provision, good experience of play and socialisation are vital to a child’s future success—academic and otherwise. I agree with Frank Field’s report that poverty is not the only thing that defines a child’s future, but that if poverty and lack of opportunity to develop in the early years coincide, a child has a poor chance of social integration and mobility. Such children may go on to be punished by systems into which they do not fit and over which they have no control, so the Bill’s recommendation for free early years provision for two year-olds from disadvantaged backgrounds is welcome. I wonder how it will be funded. The Bill allows maintained nursery schools and classes to charge for provision over the 15 hours for three year-olds and four year-olds. This will widen gaps in provision between areas. Is the future of Sure Start yet clear?
I now turn to the Bill as it relates to discipline in schools. Of course none of us condones bad behaviour. Bad behaviour in schools has to be tackled for the benefit of pupils and teachers. However, there are better and less intrusive ways of combating bad behaviour than those suggested in the Bill. Taking away the appeal possibilities of permanent exclusions is also fraught with child and human rights issues for parents and pupils. I hope that the repeal of the duty on schools to give 24 hours’ notice of detentions will be looked at again.
The issue of young carers has been raised in another place and assurances have been given. I hope that they will be enshrined in the Bill. Every pupil is different and does not necessarily fit into a one-size-for-all curriculum. Like others, I have concerns about the proposed English baccalaureate. Survey after survey of industry has recommended that students need far more than simply academic qualifications or knowledge to perform well in the workplace; they need social skills and the ability to be creative thinkers. I am not going to go on again, except for a minute, about the importance of personal, social and health education, but it is important and I will return to it at later stages.
The inspection criteria report reflects neither the importance of schools supporting and promoting well-being nor the importance of community cohesion. Evaluation of the UNICEF Rights Respecting Schools programme found that it had,
“a significant and positive influence on the school ethos, relationships, inclusivity, understanding of the wider world and the well-being of the school community”.
Two-thirds of schools saw improvements in attainment over the period 2007-10. I should declare an interest as a trustee of UNICEF.
Other issues in the Bill that affect the child’s rights have been talked about. They include the diploma entitlement, careers education, admission arrangements, vocational qualifications, apprenticeship schemes, the powers of parents and so on. The new centralising power of the Secretary of State could permit religious discrimination in employment in academies that convert from being voluntary controlled schools. Prospective pupils can be discriminated against on the basis of their parents’ religion. Staff can be discriminated against on the grounds of religion or belief. In 2008, the schools adjudicator found that 3,500 faith schools were in breach of the admissions code. There will be no repeal of the duty on schools to participate in a daily act of worship which is “broadly Christian” in character, despite the new freedoms proposed for schools.
We now know the nature of some of the applications to run free schools, which include a high proportion from faith groups in the broadest sense. Among the approved applications are, apparently, a school that teaches “consciousness-based education”, an Islamic boys’ school, and a school run by a group set up by an “ordained minister of the free church”. I know that free schools have been labelled by some as a side-show; however, they still have children in them—or they will. The Secretary of State will have the ability to make land available for free schools. They are not obliged to have qualified teachers. How does this sit with a child’s right to a broad and productive education? Evaluations of free schools have shown them to have many problems. Why are we bothering with this experiment?
I return to my concerns that this Bill does not favour or encourage a child’s right to a broad and well balanced school experience. There are dangers in the Bill that will resound over many years and will have a negative and dysfunctional effect on many of our children. Children have rights, too. I hope that the Government will take notice of this debate.