Education Bill

Debate between Baroness Morris of Yardley and Lord Brougham and Vaux

Monday 4th July 2011 Grand Committee

[The Deputy Chairman of Committees]

My Lords, some of you might have heard buzzing noises, sounding like bumble-bees, coming out of the speakers. That is because some people have got mobile telephones in their pockets and they are too close to the microphones. Could we leave our telephones well away from the microphones or even switch them off for a little while?

[Baroness Morris of Yardley]

My Lords, I support the sentiments behind these amendments, and those in the opening remarks of the noble Baronesses, Lady Walmsley and Lady Hughes. Some of these amendments are quite technical, but there is something underpinning them in that the proposals before us are, first, unjust, and, secondly, not the best way of dealing with a significant problem. In particular, I support the group of amendments that give a right of reinstatement if an appeal should be successful.

I invite the Minister to revisit the Government’s assumptions that brought about this group of amendments. It strikes me as the sort of thing that is great in opposition but which you hope that people have realised is not very good by the time they get to government. Its starting point was something that we can all share: there are children whose behaviour is such that they ought not to be in schools. They ruin the educational chances of other children and make the lives of teachers a misery. Nobody ought to have to put up with that.

There is another starting point that I support: that the head needs control of their own school. They need to be able to set the rules and regulations. Within a framework their writ must run. That is the nature of leadership. Where this went wrong to some extent is that there is a feeling out there that the problem of reinstated children is bigger than it actually is. Somebody will quote the figures at some point, but it is not a big issue. It does not happen often. On most occasions, the tried and tested system which will now be repealed completely has worked well. Schools, parents, governing bodies, head teachers and pupils will on the whole say that it works well. In any structure in a social organisation like a school or society, there will be times when it does not work well, is a bit frayed at the edges and you might want to second-guess a judgment. We should always try to make that better, to improve the law and improve the process.

I do not know how the Government have concluded that this is the way forward from there. What I really want to test with the Minister is that there seem to be two either/or assumptions underpinning this bit of legislation. The first is that heads are always right and pupils are always wrong, which is a case of infallibility all over again. The second is that even if heads are wrong, we must not admit it. If one of those two assumptions does not underpin this set of amendments, I do not know what assumption does. Both are deeply flawed. I hope that I do not have to say more than “heads are not always right”. I have taught where heads have made the wrong decision about exclusion; sometimes there have been sets of circumstances. It has been absolutely right that the child has been reinstated, and the school has not collapsed. Nobody can say that the head is always right.

I agree about the power of the head, but it must be about having a set of rules that the school community and the parents have bought into, and about enacting those rules. I do not agree with this notion of leadership and headship which says, “I can make the rules up as I go along, and if I decide that you have broken them then I can act accordingly”. It is only by giving that sort of power of rule-making to the head that this legislation makes any sense.

Let us say that we do not agree that heads are always right. I sense that where the Government are coming from is that, in order to support heads, we must support their every decision. That is a miscalculation and a misjudgment, and I choose my words carefully. There are heads in this room who will tell me whether I am right or wrong in this but, to be honest, if a head teacher needed this sort of legal protection to keep order and discipline in their school, I would question the quality of the school leadership. A half good head teacher can manage a reinstatement and the house will not fall down. What seems to be feared here is that, if a reinstatement goes ahead, the head will lose control and authority within the school. Good heads do not do that; they manage it, because exclusion is not the only way in which to ensure discipline and good behaviour in schools.

If we make laws to protect weak heads so that they never have to admit that they are wrong, we will not be producing laws that are good for discipline in schools. We need laws that give heads the right to run their schools, and in our utterances and judgments we always need to support heads in what they do. They live in the real world; the children live in the real world; the parents and governors live in the real world, and nowhere else in the real world is someone proven innocent but not given the right to reinstatement.