Education Bill

Debate between Baroness Stowell of Beeston and Baroness Hughes of Stretford

Monday 4th July 2011 Grand Committee

[Baroness Stowell of Beeston]

I share the starting assumptions for this debate of the noble Baroness, Lady Morris, but I would be horrified if the Bill tried to make out that head teachers are always right. It clearly does not. The provision for a head teacher and governing body to be required to think again if a review panel found their decision to be wrong is a powerful way of ensuring that people are held to account.

The noble Baroness, Lady Hughes of Stretford, said earlier that this Bill sets a bad example to our children. I wholeheartedly disagree with that. To put somebody in a situation where they have to review their decision, and perhaps be confident and strong enough to say that their initial decision was wrong and they are happy to now reverse it, is a much better way of ensuring a proper process than somebody being forced to change their mind.

[Baroness Hughes of Stretford]

First, would the noble Baroness not agree that, in that situation, most of us would expect an independent arbitration of that decision? Secondly, does she think that it is right that, in the event that the governing body thinks again and decides to stick with its original decision, which is thought to be unreasonable, it can then pay its way out of that situation instead of having to give the child redress and accept the child back into school? Is that a good example of what we should be showing children?

[Baroness Stowell of Beeston]

It is right that we reach decisions based on responsibility and that the head teacher and the governing body should be able to decide what is right for their school. If they are clear, for very clear reasons that they believe in, about what they feel is the right future for that child, they should be able to decide that and put in place the necessary new arrangements for that child.

I concur with the remarks that the noble Baroness, Lady Howe, made about piloting the new arrangements. Schools being responsible for the education of children whom they have decided they can no longer take care of in their own school is an important new provision, and one that I would certainly support.

Like the noble Lord, Lord Morris, I, too, am a member of the Joint Committee on Human Rights. As has been said several times today, the committee reviewed this part of the Bill carefully and reported on it in detail. It is worth me highlighting the fact that the committee divided on this matter. At that time, I abstained—I did not vote with the committee, because at the time I was not persuaded by the legal arguments one way or the other. After the committee, I looked again at the Bill when preparing for Second Reading, and the conclusion that I came to was that the reason why I had not been persuaded by the legal arguments either way was because this is an issue of principle. It is right that people in charge of schools—head teachers and governing bodies—should be able to make decisions for themselves. Obviously, there needs to be a review process, which this proposal provides for, but I want to see us having a system that is based on responsibility rather than people simply being able to exercise rights. For that reason, I do not support the amendments and I support the Bill as it is drafted.