Education Bill

Debate between Baroness Walmsley and Lord Lingfield

Thursday 30th June 2011 Grand Committee

[Baroness Walmsley]

My Lords, the noble Lord, Lord Rix, has been called away as a result of a family medical situation and has therefore asked me to deliver his speech for him. I shall speak also to Amendment 42 in the noble Lord’s name.

He would first like to thank the Minister for the offer he recently made to meet him with some of his officials to discuss these matters in more detail. The noble Lord says that he is most appreciative of the Minister’s time and for his constructive and helpful approach to the various matters raised.

I intend to focus my comments on the educational attainment of pupils with special educational needs, notably those who are disabled, and particularly those who have a learning disability. For the record, it is appropriate that the noble Lord, Lord Rix, declares an interest to your Lordships through his role as president of the learning disability charity, Mencap.

As your Lordships may be aware, the exclusion of pupils with a learning disability remains disproportionately high compared to non-disabled children. Pupils with SEN—both with and without statements—are more than eight times more likely to be permanently excluded than pupils with no SEN. It is for this reason that he has tabled the amendment and Amendment 42, which aim to ensure that children with SEN are not unfairly excluded as a consequence of either their need for additional support to achieve their full potential, or the failure of a school to recognise and provide for those needs.

The amendment would ensure that where a child’s SEN has an association with behavioural needs, a school cannot exclude a pupil without demonstrating the attempts made to support those needs.

Inadequate identification of a pupil’s needs denies that pupil access to support and the consequence is a poor education. This in turn leads to children becoming frustrated with the lack of appropriate provision, and a misunderstanding by teaching professionals of the subsequent conduct and behaviour of the pupils concerned. However, all this may have been caused by the initial and ongoing failure of the school to identify that pupil’s support needs. In such a climate, what hope is there for the children affected? The tragedy is that once mistakes are made in the early years of a child’s education, they can sometimes lead to a repetition of these failings as they grow older and older. Amendment 34 would go some way to tackling some of the issues to which I have just referred.

This leads to my second amendment in this group, Amendment 42, which provides a trigger for an assessment of a child’s support needs if they are excluded more than once in a 12-month period. I understand that when this issue was raised during the Commons Committee stage of the Bill, Ministers claimed that it would be “too rigid in practice” to implement. Your Lordships will not be surprised to hear that I do not share this view. Indeed, I take a contrary opinion: the prospect of the trigger would lead to more schools taking the right steps early on in an attempt to avoid exclusions occurring in the first place.

I fear Ministers may also overestimate the enthusiasm of some schools and educational professionals for identifying where extra support is required for children who exhibit failing conduct. I also advise a rethink of this position to fall in line with the SEN Green Paper, which states that the Government,

“will recommend in exclusion guidance that children are assessed through an effective multi-agency assessment for any underlying causal factors. We will suggest that schools trigger this assessment in instances in which a pupil displays poor behaviour that does not improve despite effective behaviour management by the school”.

Why can the Education Bill not take note of the Green Paper, rather than wait a further year before accepting this sound advice? I beg to move.

[Lord Lingfield]

My Lords, I have enormous sympathy with the amendments that the noble Lord, Lord Rix, would no doubt have moved and spoken to if he had been able to stay. His record on behalf of the vulnerable and the disabled is superb. He has spent all his life doing these things.

The assessments for which he calls in his second amendment raise a question of some difficulty. Most schools in most of the 6,000 cases of permanent exclusion call for some reassessment at that stage. Not all schools do and that record should be improved. However, it is a stage that triggers—at least in the mind, if not in legality—a reassessment under those circumstances. There is a huge problem over that. Most SENCOs, most teachers and many professionals working in this area will tell you that when the assessment is triggered—which does not always happen, as we know—it is not independent. Some local authorities have a fine record in this area but there are some whose record is, frankly, poor. Too many of the professionals I have mentioned believe that because the assessment is made by local-authority-employed educational psychologists, it reflects rather more the funding and provision available in the local authority area than the needs of the child.

The Green Paper, which has already been mentioned, gives us a glimpse of hope on this. We all rather hope that when it becomes a White Paper it will become more definite. It promises that in some trial areas we shall find some real independent assessment of the kind that is necessary here. I hope that that will happen, that we will see many of those trials and that at the end we shall see a new system that will able to assist excluded children in this way.

I suspect that when the noble Lord, Lord Rix, reads Hansard he will find that the Minister has not been able to grant him immediate gratification. Nevertheless, he should be able to give some guarantee that those assessments must become more independent and be conducted by more objective criteria than they are at present.