(2 years, 5 months ago)
Lords ChamberMy Lords, in supporting Amendment 62, I underline what an important need it fulfils. That is why such a large number of professional and charitable organisations also support it.
Many children with sensory impairments require a whole range of specialist education services, which need to be provided by healthcare professionals—for instance, speech and language therapists are needed, as many young children who have sensory impairments also have speech, language and communication needs. This includes those who are deaf, deafblind and visually impaired. Many come from areas of social disadvantage and start school with language difficulties. The life chances of all these children are severely curtailed.
I have some recent information where local data shows massive inequalities in accessing clinical speech and language therapy services during the last year and the year before. Digital is not enough; you need the actual professional people. Of course, I quote again that poor language outcomes are a significant determinant of poor social mobility. I noted that when my noble friend Lord Watson moved an amendment about more help for young people whose sensory impairment is accompanied by speech, language and communication needs, his plea for extra support did not get any kind of response from the Government. It is absolutely vital that the specialist education services that are required to compensate for sensory impairment and to develop the spoken language and communication skills of all children and young people are going to be provided, so I urge the Government to accept this amendment.
My Lords, I rise very briefly to offer Green group support for all these amendments. Most of them have already been powerfully covered. I particularly echo the points made by the noble Baroness, Lady Brinton. I am sure I am not the only noble Lord who has received very distressed and distressing emails from many parents who have found themselves in similar situations to the ones that she outlined where they know and have medical advice that says that it is unsafe for their children to go to school, yet they are still coming under extreme, undue pressure to put their children into an actively dangerous situation.
The structure of these things is that we have not yet heard the introduction to Amendments 114 and 115 in the names of the noble Baronesses, Lady Chapman and Lady Wilcox. In a sense, I want to continue a conversation with the Minister that I started on 29 March in the debate on the schools White Paper about mental health. These amendments particularly draw attention to the elements about how children’s mental health is affected by their schooling. I hope to hear a positive response from the Minister to both these amendments, which are about collecting essential information. I would like to hear a response from the Government that acknowledges that mental health in schools is an issue that cannot be addressed by simply saying, “We’re going to increase the exam marks” because that focus on exam marks is very much part of the problem.
(2 years, 5 months ago)
Lords ChamberMy Lords, I shall speak to Amendment 30 in this group. I thank the noble Lord, Lord Mendelsohn, and the noble Baroness, Lady Whitaker, for adding their names to the amendment, and I also thank the right reverend Prelate the Bishop of Durham for our very helpful discussion on it.
The aim of the amendment is to make it explicit that religious education in schools which are not faith schools or academies must be inclusive. That is to say RE must include worldviews, including a number of different religions and non-religious values. Just because one does not believe in a metaphysical god, it is absolutely vital that we do not then lose Christian values. For me, as somebody who does not have a religion, I believe passionately that Christian values should be taught in schools on the basis that, if you do not believe in a metaphysical god, then you have to consider that you must support these values and find some rationale for doing so. I am very conscious of the Action for Happiness movement and the world well-being movement, and that is all about loving your neighbour as yourself and treating others as you would wish them to treat you. If we lose those fundamental values simply because more than 50% of the population now do not have a religion—and that number seems to grow every year—we will be in trouble as a society. So I think this amendment is very important: we need to hang on to Christian values.
As I said in my discussion with the right reverend Prelate, a key phrase in the amendment, which applies only to schools without a religious character, is that it requires the new subject to reflect the fact that the religious traditions in Great Britain are, in the main, Christian, so it is those values that we would be wanting to hang on to.
The amendment is in line with the recommendations of the 2018 report of the Commission on Religious Education, convened by the Religious Education Council for England and Wales. The commission’s members included 14 experts from different fields and various religions and beliefs, and of course it was chaired by the very reverend Dr John Hall, Dean of Westminster and former chief education officer of the Church of England.
I emphasise that this amendment makes no attempt to affect religious teaching in faith schools. The changes reflected in this amendment—that the subject should include humanism and be objective, critical, and pluralistic—have been the policy of both the Religious Education Council for England and Wales and the National Association of Teachers of Religious Education. In other words, this is the amendment that the RE profession actually wants; there is nothing revolutionary or odd about it.
Indeed, a recent government statement—which I was hoping to read out, but I cannot track it down on my phone—includes exactly the same principles and ideas in this amendment. So I would hope that the Government would have no problem at all in accepting this amendment; this is government policy according to the Government’s updated statement on RE teaching.
I know that the Minister will also want to take note of two important legal cases on RE, which have concluded that a narrow RE curriculum breaches the human rights of the non-religious. The 2015 judgment R (Fox) v Secretary of State for Education was a landmark decision, which requires the subject to be inclusive of humanism and to be objective, critical, and pluralistic, in order to comply with human rights under Article 9 of the European convention regarding freedom of thought, conscience and religion.
Following that judgment, the Welsh Government introduced the Curriculum and Assessment (Wales) Act 2021, which ensures that RE will be inclusive in these ways in Wales. All this amendment is doing is to ensure that education law in England is in line with the two legal cases and developments in Wales; surely, we do not want to be left behind by Wales.
I should refer to the specifics of the Worcestershire case of June and July 2022, because this has not yet been publicised so noble Lords will not be aware of it. An academy school which did not have a religious character had a narrow curriculum for its GCSE RE course. Following pre-action letters from a humanist parent citing discrimination on human rights grounds, the school agreed to provide RE inclusive of non-religious worldviews, such as humanism, for all pupils in years 10 and 11.
In conclusion, the Bill already clarifies issues in relation to RE for faith schools, so we are not touching on that at all. We know that a number of non-faith schools already provide inclusive RE and worldviews, but this amendment aims to provide clarity for all academy schools which are not faith schools.
My Lords, I am very happy to support the amendment so clearly set out by the noble Baroness, Lady Meacher. I too am heartened by the knowledge that the Religious Education Council for England and Wales supports the amendment and that it fits evolving case law.
I can, in fact, put my finger on the text that the noble Baroness referred to. Our Government very recently signed up to an international conference of Ministers, saying, in terms:
“We recognise the importance, at all levels of education, of promoting respect for human rights, including freedom of religion or belief, and pluralistic and peaceful societies, where all people are equally respected, regardless of religion, ethnicity, gender, disability status or other characteristics.”
They said that they commit to promoting “inclusive curricula” and that
“curricula should provide positive and accurate information about different faith and belief communities and combat negative stereotypes”.
They also committed to
“promoting … efforts to support education reform, emphasising the benefits of pluralism and the importance of human rights, including freedom of religion or belief.”
It is a great step forward that our Government have committed to that text. Of course, it does no more than reflect the evolution of our diverse society, so I am sure that the Government will lose none of their positions in accepting this amendment.
My Lords, I rise to speak to all the amendments in this group, and in doing so declare my interest as chair of the National Society. Turning first to Amendments 26, 27, 28 and 29, I am extremely grateful to the Minister, again, for her continued work with us on these important issues. It is no comment on the noble Baroness, Lady Penn, but the noble Baroness, Lady Barran, and the team have been particularly helpful, and it has been a fruitful ongoing conversation. The partnership between the Church of England and the Department for Education is greatly valued and a significant strength in the sector of education. This is seen in the way we work at national, regional and local level and through the outworking, for example, of the 2016 memorandum of understanding between the Department for Education and the National Society—I should add that our friends and colleagues in the Roman Catholic Church express the same thanks—which is an important recognition of the need for continued partnership in order for us to serve 1 million children through Church of England schools.
Some concerns have been raised about the protections and guarantees given to academies with a religious character, and the Church welcomes the clarity and assurance the Government have given about the scope of regulations in this regard. It moves us from a contractual to a statutory footing better to safeguard the distinctive Christian character and ethos of our family of Church schools. Such regulations will need to secure the religious character of our schools through, for example, good models of governance, and we look forward to working with the department as those regulations are produced. The Government’s commitment to ensure the transfer of provisions for RE and collective worship currently set out in maintained legislation to the academy sector are to be commended, so I welcome this amendment, which helps to clarify the purposes for which the regulations are made and secures a duty to make those regulations. In Committee, the Minister responded to my amendment by giving assurances that regulations would be made under Clause 20, and we are grateful to her for acting in this way.
Turning to Amendment 30, it was good to be able to talk to the noble Baroness, Lady Meacher, but I know that I have disappointed her in not feeling able at this stage to support it in its current form. This amendment relates to religious education in academies without a religious character—I fully accept that it has no impact at all on Church or other faith schools—which I am sure we are all agreed is an important topic if we are to enable our young people to play an active role in a world where faith and world views are so important. RE must be safeguarded in all our schools. However, as the noble Baroness, Lady Meacher, pointed out, the Commission on Religious Education’s report pushed in this direction. Progress has been made since then within the RE community through the work of the Religious Education Council, which has not yet concluded. We are confident that we are moving towards a consensus about the future of the RE curriculum in all schools, and I fear that if we do not wait for that consensus, the danger is that we will pursue an amendment that fixes something unhelpful. It is purely a matter of timing that we disagree on, rather than the direction, I think. It is very important that the content of the RE curriculum in schools with a non-religious character be given attention, but I think it is better to wait for consensus about that content to be reached before mandating it in this way.
(2 years, 5 months ago)
Lords ChamberMy Lords, I add my support for Amendments 171J and 171K in the names of my noble friends Lord Watson of Invergowrie and Lady Blower.
As a vice-chair of the All-Party Parliamentary Group on Speech and Language Difficulties, patron of the British Stammering Association and a stammerer myself, I emphasise the importance of fluency for all aspects of education. My noble friends’ amendments would raise the profile of the subject and lodge it more decisively in schools’ responsibilities, to the benefit of the very many children who suffer from speech and language defects. That is apart from the fact that oracy development has been generally underestimated as a life skill in the maintained system, as my noble friend Lord Watson so eloquently set out.
Now that we are at the end of Committee, I will not detain your Lordships with a detailed explanation of Amendments 171N to 171Q in my name and that of the noble Baroness, Lady Brinton, for whose expert and committed support I am most grateful—they are self-explanatory. They are there because current anti-bullying policies are simply not achieving the eradication of bullying in school cultures, with all its damaging effects on well-being, mental health and education itself.
Bullying is particularly harmful when it is on the basis of an attribute which is part of the child’s identity—a protected characteristic such as race, for example—and so we have focused on that, as a means of reinforcing the public sector equality duty. Bullying is ascribed as the cause of a large proportion of the drop-out from secondary school of Gypsy, Traveller and Roma children, among others, although there is a regrettable absence of targeted data. It is relevant that 76% of Gypsy, Traveller and Roma children surveyed felt a need to hide their identity. That is a shameful admission.
Many anecdotes testify to inaction on the part of teachers when faced with complaints of bullying. In some cases, they may simply not know what to do. I draw the Committee’s attention to a letter from the chair of the Education Select Committee, Robert Halfon MP, to the Minister for School Standards, where he says:
“witnesses repeatedly raised incidents of bullying and racism faced by children, from both their peers and teachers. Many ethnic minority groups experience bullying, including Gypsy, Roma and Traveller pupils however, there are no official statistics which break these cases down by ethnicity. We believe that, to understand the scale of the issue and the impact it has upon educational outcomes, local authorities should work with schools to better understand the extent of the problem”.
Incidentally, how surprised and disappointed would Robert Halfon be to see a Report stage of the Bill ahead of the regulatory review? Following the Select Committee, we think the incidence of bullying must be made more salient in local authority records, with a register of incidents and necessary information about them. Our amendments also require parents to be fully informed, if the child consents, soon after the incident. We think the prevalence of bullying in local authority areas must be made known to the Secretary of State, so that remedial action can be taken if this violence against children is getting out of control. These amendments would go far to really make bullying on the grounds of identity unacceptable, and I hope the Minister will agree.
My Lords, I will say a few brief words on these amendments. The noble Lord, Lord Watson, undersold the point he is making slightly, because for many people the disparity between verbal skills and written skills is actually a sign of special educational needs. Dyslexia is the classic example of this, and often dyspraxia as well. It is also the coping mechanism—the primary coping mechanism—by which people handle this. I put my hand up as an example of that. If people can explain their case verbally, they stand a chance of getting some form of accommodation on a casual basis. If you have the ability to come forward and explain yourself to a new teacher in a classroom—this was drummed into me from an early age—the teacher then has the chance of making some response that is appropriate. If you are terrified of doing this, or not told how to do so, then you have another problem. The ability to talk coherently is incredibly important, as it underpins just about everything else that goes through.
I know this is not exactly what the noble Lord was driving at, given the tone of all the discussion so far, but I hope that when the Minister responds she will have some idea of how disparities between expected verbal communication are going to figure in the Government’s thinking when it comes to things such as the new version of special educational needs. The Government must have a little guidance on this already. I know they are having a review; there must be some undertaking of what is going to happen. The interventions we have spoken about, with a speech and language facility and support, are incredibly important, because the whole thing is underpinned by the ability to talk. Very few people master good written language if they cannot at least talk coherently. Can the Minister give us some idea of how they are planning to bring these two together? If they do not, they are missing a trick, and also the identification of a need that is very important for dealing with many problems in our education system.
(2 years, 5 months ago)
Lords ChamberMy Lords, I will speak briefly in support of Amendment 112A, which relates to a point that I raised at Second Reading. As the noble Lord, Lord Soley, said, there has to be a check on parents to avoid those who might abuse the freedoms. The local authority may be the right place to do that but the merits or otherwise of home education versus school education, and the structure of the curriculum, can end up as matters of educational doctrine. If a local education authority takes a view that starts as biased against home education and the freedoms within, it may well take a view that is prejudicial to the parents, in the way in which my noble friend Lord Lucas said.
There has to be a right for parents to go to some appeal process, whether in the form of the amendment or the ombudsman proposed by my noble friend Lord Wei. It may well be that the objections to the way in which the local authority runs its schools is the primary reason why somebody wants to educate their children separately. To have that education authority then be judge and jury over whether the child is being given an adequate alternative education just allows one set of educational doctrines to run roughshod over other people’s rights.
I completely accept the need for checks on parents but, as others have said, my noble friend the Minister needs to think about how, when the Bill comes back, there can be proper provision to deal with this matter—whether in the form of the amendment or something similar.
My Lords, I may have omitted to declare an interest as chair of the Department for Education stakeholders’ group and other similar interests listed in the register. If so, my apologies.
I have added my name to Amendment 143I in the name of the noble Lord, Lord Lucas. I should make it clear that it is the increase in fines and custody that I have difficulty with. It might be better to do away with fines altogether.
I am heartened by the statement in the department’s factsheet that
“The government does not intend to criminalise parents”
in respect of school attendance orders. But Clause 50 does not achieve this aim.
When I was a magistrate, I recall cases of parents who, with the best will in the world, simply could not control their children. They were rarely parents who could manage the fines prescribed. As for the custodial option, the Farmer review emphasised how
“disruptive and costly short sentences are to family life”
and ties. What does the imprisonment of a parent do for a child’s attitude to school?
There are deep reasons for school refusal that should be investigated, as I also recall from my time as a teacher. Different means to ensure the essential participation in education that children must have must be developed, and indeed in some schools are adopted, but in this time of a cost of living crisis, at least we should not increase the penalties, which can be justified in very few cases.
In conclusion, I take issue with the “hammers and nuts” of the noble Lord, Lord Wei. The nut of not being in school is a very large nut indeed. Of course there are parents who educate their children well and who are going to have no trouble with a register, although I quite understand that there needs to be some clarity, but children who are badly educated or not educated account for a much larger number. It may be that noble Lords do not come into contact with these children very often. In other debates in this Committee, we have spoken about where these children are and why they are not educated. It would take a lot of time to go through this, but it is a much larger number than the number of children who are well educated. We really must do something about this. That is why the register is a good idea.
My Lords, I will clarify my position. A number of noble Lords have mentioned—and perhaps implied—that what I was trying to say was that we do not go after these bad actors and do not pursue those using home education as an excuse to provide a poor, non-existent or abusive context for learning or non-learning. That is not what I am saying. I am actually in favour of strengthening the use of other means for the identification and pursuing of families, parents or caregivers who are not home educating and are instead using it as a cover for their practices. Personally, I think we should be as hard as we can on that and strengthen our response as much as possible, whether through data, local authorities or other action.
Right now, some people are using home education as an excuse to say, “Stay away; don’t look here; go away”. However, if the ombudsman, or any other mechanism, were to agree with the local authority that there are good grounds to pursue families such as these and ask for any kind of information it wants—and if, on the evidence, if it looks as though home education is not happening—then, yes, let us go after those many families who are thought not really to be home educating. In addition, let us support those families who are struggling. I did not want to be misunderstood on that front.
However, my main concern is about where there are miscarriages of justice and we get into matters of educational philosophy. I ask noble Lords to consider Finland, where education is not really monitored until the very end. Nevertheless, Finland has pretty much the best education in the world because it does not spend 30% of time in education—as we do—monitoring, testing and checking the learning; the Finns just let the learning happen and train the teachers. I believe teachers there are given the equivalent of bankers’ salaries to make them some of the best education and learning facilitators—if you like—in the world. I would therefore just caution against this monitoring and the need to know what people are doing—I do not think we need to do this. If we have suspicions that what is going on is bad, we need to pursue this and use every power we can to sort that out. However, I am not sure that it is the right approach to ask about everyone in the country who is doing home education—whether good or bad—just because they might be doing something wrong. The ombudsman would make sense of this; it would also make sense not to put families under such an investigatory lens for too long. I have friends who have waited two years for national insurance numbers for their teenagers. Imagine a home-educating family having to wait two years, just to be told that they are not abusing the system but are instead teaching well.
My Lords, I have some amendments in this group: Amendments 136A and 137A are timing amendments, and we have covered that subject already.
Amendments 140A, 143A, 143C, 143D, 143E and 143H are of a technical nature. I think the quickest thing would be for me to listen to the Minister’s reply, because I think I have made my intentions clear in the amendments.
Amendment 143IA goes back to an earlier discussion on the relationship between local authorities and home educators. It suggests that having Ofsted report on the quality of the home education provision in a local authority, and on the quality of the work that it does on school attendance, would be a useful way of redressing the balance between home educators and a local authority, and that it would direct the attention of the local authority to the need to perform well in this area, and would have similar benefits in the case of attendance.
My Lords, I have in Amendment 143G a very simple provision that, on acquittal for breaching a school attendance order, that particular school attendance order dies—no ifs, no buts. Surely, natural justice mandates that the court’s decision is respected for that specific attendance order.
My Lords, the general thrust of these amendments is to make school attendance order conditions easier for parents by, for example, increasing the information handover period, compelling consideration of the child’s relevant medical conditions—looking at the child holistically.
An important factor that has not had enough mention is that of the impact of poverty on attendance. Poverty affects school attendance for a variety of reasons, and in the third decade of the 21st century some children are unable to attend school because their parents cannot afford fuel or travel costs, or they are more likely to be absent with sickness as their families cannot afford heating or hot water, or to provide a healthy diet.
For some children, not having the right uniform and missing breakfast are barriers to them setting foot in school. Children are having to take days off school due to unwashed, ill fitting or shabby clothes. This often leads to bullying, which is a huge concern when children are unable to dress like their peers and have poorer-quality clothing, shoes and school bags. I have seen and experienced these issues first-hand as a barrier to attendance, and teachers themselves often provide for children in these desperate circumstances. It cannot be right that in a society as wealthy as Britain, we still have children living like this. Poor attendance adds to the inequalities that they face.
We know that schools are often the first point of contact when dealing with such inequalities, so it is important that we have the correct resources and tools to deal with them. Our Amendment 144 ensures that schools’ attendance policies consider how to support staff who have been given new responsibilities for implementing the policies. This whole Bill will give hard-pressed teachers even more responsibilities, so we require recognition of that and to get them the support that they deserve in those areas.
Naturally, none of these measures will increase the resources for education, financial or physical. In the debate on Monday, I noted to your Lordships the paper-thin state of local government finances, and schools are finely balanced within that equation. Such an increase in monitoring and evaluation of attendance policies will be yet another job for an already hard-pressed member of the senior management team in a school. I have served in that capacity for decades; it is an extremely stressful occupation. This is one reason it is increasingly difficult to recruit heads and deputies in the secondary sector.
Our Amendment 146 will mandate the Secretary of State to produce a breakdown of those fined to allow assessment of disparities and compel them to consider the measures to address this. If we examine the data, attendance fines and fixed penalty notices are vastly skewed towards women, who are more often caregivers, and less affluent people, who are more often dealing with truant children. The Secretary of State should be forced to recognise this injustice and tackle it. I pose the question: where is the levelling-up agenda here?
I must stress that we do not disagree with this clause in principle. I set out earlier that we must ensure that the children at greatest risk attend school regularly, but I must press the Minister on what her department’s hard evidence is—whether behavioural science or otherwise—that fines will increase the information given or get more absent children into school. Children with poor attendance need support and staff need the resources to help them deal with it.
My Lords, although this amendment was scheduled to be in the last group, amendments have been moved around a bit. I am sorry I missed it.
The rationale of Amendment 143J is that attendance policies should respect protected characteristics—that is, those that are cardinal to a child’s identity and enjoin small, short absences such as for religious or other festivals or necessary travel by parents. I beg to move.
My Lords, the Government understand the importance of schools developing their attendance policies in a way that considers the characteristics of individual pupils, including those with protected characteristics that may mean they face greater barriers to attendance. The Equality Act 2010 protects pupils with certain characteristics, such as race, disability and religion, from discrimination in their educational setting. Schools have clear duties under the Act, and we expect them to develop all policies, including attendance policies, in line with those duties.
The department recently published attendance guidance, Working Together To Improve School Attendance, which we intend to put on a statutory footing through the Bill. In addition, through this guidance and their own Equality Act obligations, academy trust boards and governing bodies of maintained schools are expected to ensure that their schools have an attendance policy that considers their obligations under the Act.
As I believe the amendment to be unnecessary, I ask the noble Baroness to withdraw it.
I am grateful for the Minister’s reassurance and beg leave to withdraw the amendment.
My Lords, I want to speak to Amendments 147 and 152.
I applaud the Government for including in this Bill Clause 56, which seeks to ensure that schools currently avoiding registration and inspection are included in Ofsted’s remit in the future. This is a far more important issue than we may have considered it. This country has been standing by while an unknown number of extremist, fundamentalist, isolationist schools are teaching children to reject the values of the country in which they are growing up. What will some of those children do when they grow up? Will they join a terrorist organisation? We simply do not know.
Ofsted has written to me to give us the benefit of some of its information, which is worth quoting. It says that at least 6,000 children are being educated in 900 unregistered schools, or, as it puts it, likely many more. It is very concerning that Ofsted has issued more than 100 warning notices to those it believes are running illegal schools, and 40 % of those settings have not changed to comply with registration as a result. These are people who do not respect the law, so we have to be very tough with them.
It is worrying that children are not learning the most fundamental subjects, including maths and English. Not only is the narrow religious curriculum in many unregistered schools unacceptable but these schools may have unsanitary and unsafe conditions. Ofsted says that it found settings with severe health and safety hazards, and other problems. No one is able to check on these things so long as schools evade registration.
I want to thank Rob Cann of Humanists UK for his very detailed briefing and the precise wording of these amendments.
In Clause 56, the Government are seeking to extend registration to independent education institutions—that is fantastic—but only to those which provide all, or the majority, of the child’s education. Herein lies a significant loophole. The proprietors of some such settings know that if they are inspected, they will have to choose between changing to something very different and closing down. They are therefore very wily and will do all they can to continue to evade regulation and inspection. They will use every loophole they can find to wriggle out of their safeguarding duties. Amendment 146B would limit registration to establishments that provide 18 hours of teaching for 39 weeks of the year. That would be something, but I believe these schools would adjust their regime and continue to avoid registration.
Without doubt, as soon as the Bill receives Royal Assent, these proprietors—who all know one another; there are little groups of them—will get together and split their provision into separate morning and afternoon settings, or some other configuration such as one teacher taking kids in the morning, another in the afternoon. Neither will then be subject to registration under Clause 56 as it stands, and I would be grateful if the Minister would comment on this loophole and whether the Government are content to see these extremist schools escape the important purpose of this Bill.
I recognise that Clause 56(2) allows further tightening definitions to be done through regulations. Here, I am going to say something from experience. Nine years ago, I allowed, if you like, the Government to have a little adjustment to my proposal for an amendment on the face of a Bill on the basis that they would introduce regulations and deal with the problem. I thought, “Well, that sounds okay”. Was I naive? Nine years later, nothing has happened, so I am not impressed with the idea that this can be dealt with through regulations. I fear that it simply would not be done. That is a bit cynical, but it really is my experience.
My Amendment 147 has been carefully thought through. By applying registration only to establishments providing at least a quarter of a child’s education, it would not catch common after-school classes in music, sport or, indeed, religion. I very much hope the Minister will feel able to accept it.
Amendment 152 would close off another loophole for unregistered schools. Many of them operate in private dwellings; indeed, 85% of illegal education settings in Hackney, the borough with the greatest prevalence of illegal schools, are private dwellings. If the proprietor puts down a mattress in a school, on inspection, the school may be classified as a dwelling and a warrant would be required under the law as it stands. Without a warrant, the inspection would be invalidated, so, as Clause 63 stands, a warrant will be required for almost every investigation to prevent that. This will generate unacceptable pressure on the courts, the courts will then put a whole lot of pressure on the inspectors to prove that they really need the warrant, and the whole system could be snarled up. It is reasonable to suppose that determined proprietors will disguise their settings as dwellings to try to protect themselves from Ofsted’s new powers. As I said, they will do just about anything.
Clause 63 introduces a requirement that inspectors can enter a private dwelling only if a warrant has been issued, and a request for a warrant is permissible only if consent has been refused. This leaves in limbo the situation of an inspection in what could be deemed a private dwelling where consent has been given. I am sure this is not the intention, but the wording leaves open the situation of those inspections where consent is given but there is a problem; it leaves an issue.
Registration and inspection of schools must, of course, be dealt with sensitively and authorities cannot be given free access to private dwellings without a warrant if consent is not given. Nevertheless, if the first intimation for Ofsted that a school is in a so-called private dwelling is when it attempts to enter the building, it will need to go away, fill in the forms and ultimately get a warrant, which could take a week or more. This will allow lots of time for the proprietors to conceal, dispose of or fabricate false evidence about whether a school was in operation within the dwelling. Surprise is essential in such situations.
Some proprietors will be less cunning than others and perhaps have less need to be, if a proprietor provides access immediately to an inspector arriving at the address. Amendment 152 clarifies that a warrant will be required only where consent has not been given for entry and where the setting visibly appears to be a dwelling. That sounds a bit pedantic, but it is important, on the basis that these people may just put a mattress down somewhere and claim it is a private dwelling. What is a private dwelling? All sorts of things can be done by them.
I hope the Minister will therefore ask officials to give serious consideration to the following two points. First, the current drafting of Clause 63 is poor and risks making matters worse for Ofsted inspectors. The element of surprise is so important, yet Clause 63 seems to reduce the scope for that surprise. Secondly, the clause does not clarify what a private dwelling is. Will the Minister ensure that, if possible, a definition of a private dwelling for the purposes of the Bill is given in it?
I failed at the beginning of my speech to thank the Minister very much indeed for the discussion we had, and I remember that one of her points was: how on earth do you define a private dwelling—it is probably impossible? I hope that efforts will be made to define a private dwelling to avoid what I call the mattress problem.
Again, I emphasise that the Government seek to achieve a very important objective in these clauses. I hope these comments are helpful; they are certainly intended to be.
I should like briefly to add my support to these two very sensible amendments, which would stop unscrupulous unregistered schools circumventing the law and speed up the inspection process.
My Lords, I rise to speak to Amendments 171C and 171D. I strongly support the amendments from the noble Baroness, Lady Meacher, as well. I think she has a very correct estimate of the challenges and has presented some situations that are rather familiar in how they will be used to try to circumvent the Bill. I express my thanks to the Minister for her courtesy and for the time with her and her officials to discuss the matters raised in these amendments.
(2 years, 6 months ago)
Lords ChamberI think the noble Baroness has seen from the Schools Bill and from the schools White Paper what our policy is in this matter.
I make a plea to all those also asking the Government to take the baccalaureate more seriously. I declare an interest in that my eldest son took the baccalaureate because he was really distressed by the narrowness of A-levels. One advantage which has not been mentioned is that it can be internationally reciprocally recognised, so that children who emigrate or whose parents move for a job will not have to retake extremely alien examinations. Does the Minister not think that this is an advantage worth having for our children?
On the international recognition of our qualifications, the noble Baroness is right. We want an outward-looking and confident group of young people who seize opportunities all around the world, but certainly A-levels are extremely well regarded internationally, and we believe that T-levels will follow.
(2 years, 6 months ago)
Lords ChamberMy Lords, I support all the amendments in this group and will just say a few words in support of Amendment 168. In the absence of a written constitution, we need a much more explicit statement of the values we hold dear, with which we must acquaint our children. This amendment would fulfil that educational obligation, as set out magisterially by the noble and right reverend Lord, Lord Harries of Pentregarth. It includes acknowledgment of our diversity, as well as the elements which bind us together. It also signals the environmental pressures of our time. It could, with great advantage, be the basis of the content of those lessons which are offered to pupils who opt out of worship. My only rider is that open and continual class discussion is an essential part of the teaching of these values, and this perhaps could have been made explicit also. In the words of the inspirational thinker Amartya Sen, public discourse is a vital part of democracy.
My Lords, I support Amendment 168, on which noble Lords have spoken very well. It is very important, particularly for people who come to live in this country, to understand our values and to feel happy living here.
I also support Amendment 171F, which the noble Baroness, Lady Morris, explained clearly and eloquently. As a parent, I find that it is so important to be involved in your children’s education, and children also want their parents to be involved. If there is a loophole—which is so easily amended by this amendment—it is important for it to be included, and it should not be difficult to do so. If it is not corrected, we run the risk of being on a slippery slope. There are consequences if parents are not involved in what is taught to their children—this is what happened under Nazi rule and in communist China and communist Russia, and is possibly happening even now with what President Putin is doing with children in Russia. It is important for parents to be involved and, if there is a loophole, I hope that this Government will amend it.
My Lords, I will try to be as brief as I can. Four of the five amendments in this group are mine, so I rise to move Amendment 91A and to speak to Amendments 91B, 171A and 171B. These amendments will ensure that colleges delivering education to 14 to 16 year-olds are funded at the same level as schools delivering the same curriculum and experience. They will strengthen partnerships in education to benefit 14 to 16 year-olds and, finally, they will create a duty for all parties to consider greater collaboration in the education system.
The reason for wanting to strengthen existing joint working and generally to re-establish partnership working between schools and colleges more strongly reflects the successes of the increased flexibility programme that was abandoned a decade ago. That programme encouraged more school students with strong vocational interests to follow opportunities in a college setting while studying academic subjects at school. Student confidence, attitudes and behaviour were found to be improved. Students were more engaged in learning and in developing their social skills. Extending such collaborative methods of working would enable young people to have a wider range of opportunities across vocational and academic routes. They would also, I submit, support stronger outcomes at key stage 4.
Amendments 171A and 171B would strengthen partnership working between colleges and schools and include a duty on providers of pre-16 education in England to consider collaborative agreements with other education and training providers, including over-16 providers, with a “14-16 school-college partnership fund”, which is proposed in Amendment 91A.
Amendment 91B is about the national funding formula, which aims to deliver funding to each mainstream school on the same basis. Funding for 16 to 19 year-olds in colleges has been allocated directly from the Department for Education and the Education and Skills Funding Agency, so this amendment relates to pre-16 funding. The issue is this. The three blocks of the DfE’s dedicated schools grant cover schools, early years and high needs. High needs amounts to £9 billion a year, £300 million of which goes to colleges to support some 30,000 students. When a student reaches the age of 16, funding drops and, despite recent increases, is still lower than it should be. There are several differentials between academies and colleges. Several thousand 14 to 16 year-olds study full-time in colleges, but they attract college funding only at the post-16 rate for pre-16 courses. There seems to be a clear funding disparity here, and the Bill offers an opportunity to re-examine 14 to 16 partnership working. I hope the Minister will be willing to do this, because it is in the interests of so many of our young people. I beg to move.
My Lords, in supporting all these amendments I add my support for Amendment 171R, which my noble friend Lady Wilcox will speak to from the Labour Front Bench at the end of the debate.
This is a very good means to rescue the missing third of children. This is the large number of children who are capable of further education but never get to the starting point for a variety of reasons. Prejudice and discrimination play a part, for instance in the case of Gypsies, Travellers, Roma, boat workers and the children of showmen. It is really important that schools get ahead with this kind of arrangement.
My Lords, it is a pleasure to follow the noble Baroness, Lady Whitaker, given the way in which she champions the Roma community.
I support all the amendments in the name of my noble friend Lord Shipley and those from the Labour Front Bench. They indicate the important role of further education colleges in our education system. They link to the demand for young people in schools to be aware of all the possible programmes of learning available in colleges at an early enough stage to be able to make informed choices about future work and study opportunities. It is really important that colleges be funded at the same level as schools and that college teachers and tutors should be paid at the same level. It is quite wrong that college pay should be lower than school pay.
Amendments 171A and 171B would ensure better continuity of education. Too often, FE has been the forgotten element in our education system, but it is a vital part of the options available to young people, as it spans school, vocational options and university provision. I hope the Minister will be able to reassure us of the value the Government place on the FE sector, and perhaps indicate the parts of the Augar review—whatever has happened to that?—which concern FE that the Government intend to implement.
(2 years, 6 months ago)
Lords ChamberMy Lords, I welcome the long-overdue register proposals and pay tribute to the persistence of my noble friend Lord Soley. I also commend the Department for Education’s Schools Bill fact sheet, which sets out the rationale calmly and comprehensively. Of course, with any new system there are adjustments that we can consider, but it will be a huge improvement to have registers for all the reasons my noble friend Lord Soley enumerated in the previous group and for the large proportion of Gypsy and Traveller children who have dropped out of secondary education because they feel it is not a place where they can thrive and some of whose parents struggle to educate them. Then there are those children who are not being educated at all, except by gangs and county lines—an increasing number, according to the police. Registers will be vital here.
In moving Amendment 97D, I shall also speak to Amendment 109A in this group. I am grateful for the support of my expert noble friend Lord Knight of Weymouth, even if he is only here in spirit. The point of adding gender and ethnicity in Amendment 97D is to ensure that the full facts of drop-out from school are captured in the knowledge that local authorities have of what is happening to the children in their area. There are disproportionate numbers of children from some ethnicities who abandon school and even, among a few communities, a tendency to withdraw girls, particularly from secondary school. The reasons can include prejudice and bullying, particularly evident in the case of Gypsy and Traveller children; misunderstanding and ignorance of cultural norms; and lack of positive liaison with parents. Unless the size of these problems is known, and they must be known on a national basis from each local authority, factually and quantitatively, remedies are unlikely to be tailored to the cause.
Amendment 109A respects the Department for Education’s own data protection and audit report of February 2020 concerning the safeguarding of data. Although the information officer’s conclusions in this report apply to the department itself, they are equally relevant to local authorities whose procedures vary from area to area in their competency in safeguarding data. I hope for a positive response from the Minister and, indeed, from your Lordships. I beg to move.
If I may, I will include the answer to that question in a letter to the noble Lord.
In her very careful responses, the noble Baroness the Minister clearly recognises that there are very wide differences between the children who are not in school. Some are well educated and nobody wants to curtail that—adjustments may be made, but this is not thought to be a large percentage. An unknown number, but it is estimated to be a very large number, of children are not well educated; I suggest that the register needs to be primarily directed at these children. There are all sorts of reasons why they are not well educated. I will not go into them at this hour of the night but, for example, the schools are illegal or extreme, or the parents are at work or cannot educate the children; there are all sorts of reasons.
The Minister’s responses to our questions aimed at making the register more precise—more exactly tailored to what we all need from it while not curtailing the freedom of parents to educate their children at home well—seem mainly to relegate the details to regulations. For the reasons already given in earlier debates, there are problems with this; we have difficulty with it. However, for the time being, I beg leave to withdraw the amendment.
(2 years, 6 months ago)
Lords ChamberMy Lords, I support all the amendments in this group. I shall speak to Amendments 53 and 57, to which I have attached my name. As a patron of Humanists UK, I want briefly to emphasise the points made in the clear, comprehensive and persuasive introduction by the noble Baroness, Lady Meacher. Basically, as the arrangements stand for what the Bill calls worship and religious education, there is no recognition of the fact that many parents will have an ethical and moral code that is not based on faith. As the noble Baroness said, current figures suggest that it is actually over half of our population. Why should these parents not have their values recognised and their children enabled to learn them?
I hasten to add that these amendments in no way disparage religious education. It is simply that there are other sets of beliefs, and indeed other religions than Christianity, that have a long and influential tradition, have helped to form our national identity and should not be sidelined in an education worthy of the name.
I will add only that we now live in a diverse society, which I believe the Government welcome. One corollary of that is that we need to develop and strengthen the bonds that unite us in our differences. We will not do this by neglecting the elements of our various faiths and beliefs in the education of our children. To live with each other, we need to understand each other within a framework of human rights; we need to learn to respect where our fellow citizens are coming from. I suggest that this is a better way to avoid extremism—from any side—than excluding the traditions that people value. Among those are values that establish a moral code that is not faith-based. These values are no friend to extremism and are a source of rational and compassionate analysis of the issues that confront us, whether they are environmental, democratic or furthering peace and well-being.
I hope the Minister will recognise the educational deprivation that will continue without these amendments, and accept them.
My Lords, I am supportive of the last two speeches. One of the things that I suppose I regret about the decline of collective worship is the decline of moments of collective reflection, although I am not of faith. Indeed, I am a humanist, and two years ago I was lucky enough to get married on a deserted heart-shaped island in the Orkneys at a humanist wedding. At that time, and I imagine this is still the case, I was advised by the celebrant that there are more people getting married in humanist ceremonies in Scotland than all the other faiths put together. That is a demonstration of the sense that society is changing, whether we like it or not.
I shall speak to Amendments 54 and 56 in the names of the noble Baronesses, Lady Burt of Solihull and Lady Bakewell, and myself. Amendment 54 would require faith academies to provide an inclusive alternative to faith-based religious education for those who request it. Amendment 54 seeks to mitigate some of the issues caused by compulsory faith-based RE. It would do so by introducing a requirement for faith academies to offer those pupils who withdraw from faith-based RE a new subject called religion and world views education. This new subject would be objective, critical and pluralistic. This alternative would cover both religious perspectives and non-religious perspectives such as humanism.
We have heard from the noble Baroness, Lady Meacher, the stats from the British Social Attitudes survey regarding the number of those now identifying as non-religious, non-Christian and so on. It is particularly high, at 72%, among those in the age bracket 25 to 44 —that is, those most likely to have school-age children—yet over one-third of our state-funded schools have a religious ethos, and I respect them. The vast majority of those, 99%, are Christian, and I respect that too. Indeed, in 2020 the Church of England’s own Statistics for Mission revealed that the number of places in Church of England schools now outstrips the Church’s entire worshipping community.
The DfE’s associated memorandum declares that it is not compulsory for a child to attend a school with a religious designation, but of course this ignores the fact that, as we have heard, thousands of parents are effectively having to send their children to faith schools every year because there is no suitable alternative locally. That was definitely the case in my former constituency of South Dorset in the rural areas where many or indeed most of the village schools were Church of England schools. They did a perfectly fine job, but while you could get assistance with transport if you wanted to send your child to a different faith based-school, you certainly could not get such assistance if you wanted to send them to a comprehensive non-faith-based school if that was what in accordance with your views.
It is that kind of discrimination against people who are not of faith which I am keen to try to do something about, when we have the right opportunity to do so in an inclusive way. Amendment 54 provides a remedy. It would mean that children who do not share the religion of the school they attend will have access to an “objective, critical and pluralistic” version of the subject that does not seek to indoctrinate them into one religious perspective.
Amendment 56 would make it explicit that RE outside of faith academies must be inclusive of non-religious worldviews such as humanism, in line with what is already required by case law, and rename the subject accordingly to “religion and worldviews”. RE is a statutory subject in all schools. However, recent figures from the National Association of Teachers of Religious Education found that 50% of academies without a religious character, which make up approximately two-thirds of academies, do not meet their legal requirements to provide the subject as set out in their funding agreements. Although there are a range of reasons for this, it seems plausible to suggest that many schools—as well as pupils and their parents—see the subject as outdated and irrelevant to their lives. This is an opportunity to give the subject a shot in the arm.
I think that is why, when there was a review of the subject by the Commission on Religious Education in 2018, chaired by the Very Reverend Dr John Hall, the Dean of Westminster and former chief education officer for the Church of England, that report recommended the policy of both the RE Council and the National Association of Teachers of Religious Education: that we should do exactly this. It has been properly considered and thought through, and seems a perfectly reasonable adjustment to make, as do the amendments proposed by the noble Baronesses, Lady Meacher and Lady Whitaker.
Finally, I stress that the new “religion and worldviews education” would still reflect the fact that the religious tradition in Great Britain is, in the main, Christian. This is not at all an attempt to whitewash out teaching about religious traditions. Those are really important if we want to have an inclusive society that respects each other’s traditions and faiths. However, as I say, this amendment provides a shot in the arm for what I think is a vital subject.
My Lords, it is very useful to have the right reverend Prelate raise a religious voice against these amendments and raise some concerns. Maybe I could raise a non-religious voice with some concerns I share against these amendments.
I am particularly worried about Amendments 53 and 57 and the idea of alternative assemblies
“directed towards furthering the spiritual, moral, social and cultural education of the pupils”.
I fear this would become a secular version of religion, with all its preaching of things I do not particularly like. It was interesting that the noble Baroness, Lady Meacher, mentioned what is happening in Wales, where I am from. I met some teachers from Wales over the weekend and one talked about how, apparently, the alternative to religion is that we teach environmentalism—the new religion—and made that joke. What would the content of these things be?
While I am not religious and consider myself a humanist, I feel queasy because we have a problem in this country of religious illiteracy. I think we want a secular society that understands religion and shows some regard for religion and its tradition. Religion seeps into the public sphere and a lack of religious literacy can be problematic. We have seen in the last week the issue around the film “The Lady of Heaven”, which several major cinema chains have backed off from showing in a really disgraceful instance of artistic censorship. I noted that the reason given for that was that it was offensive to local Muslims, but the film was made by a Muslim filmmaker. At the very least, that could indicate that people panic in the face of religion without necessarily understanding it.
This religious illiteracy is perhaps why I have a preference—if I had to choose between them—for Amendments 54 and 56, which make some attractive points. “Religious and worldviews education” sounds more palatable. If anything, I would say, “Why not for everyone?” The amendment mentions non-religious philosophical convictions to be taught. I think all pupils, including those of religious faiths, would benefit from reading John Locke’s A Letter Concerning Toleration and understanding the philosophical roots and importance of religious freedom for a secular society, ironically, and from reading On Liberty by John Stuart Mill. This might counter, for example, the shocking events we saw in Batley, where a religious education teacher is still in hiding for his life over the allegation of blaspheming—despite the fact there is no blasphemy law. People seem to feel very queasy about calling this out or saying anything about it in this House, or in politics more generally.
I was glad to see in Amendments 54 and 56 an acknowledgement that Christianity is the predominant religion in Great Britain, because I think people have got a bit queasy about saying that for some reason. It is important to understand that the Christian tradition does not just inform faith or even a moral framework for the country, but has provided centuries of cultural imagery in art and literature. I remember, as an English teacher, standing in front of a group of A-level students and asking, “What might that apple symbolise?” I was met with blank faces because they could not understand what I meant: the apple did not symbolise anything to them. I do not think that it was entirely my poor teaching that did that; when I explained it, it took quite a lot to get there because they were unfamiliar with the symbol. I would like a greater understanding of the traditions, history and philosophy of religion, if anything.
Finally, I worry about some of the comments made that assumed that people of faith or introducing pupils to faith—within faith schools, for example—equals indoctrination. That is the wrong way to see it. I was brought up in a Catholic school but it backfired on them terribly, which made me think that people are not indoctrinated in that way.
It is also wrong to associate religion with extremism per se, or to imagine that the problems of political extremism that we might see in society are to do with religion—goodness knows that there is plenty of secular extremism about. We should also be concerned about a mood of intolerance to Christianity, or even a squeamishness, with people feeling embarrassed by Christianity in this country; I do not think that that is particularly helpful. Although I have some sympathy with two sets of the amendments rather than the others, we should be careful not to demonise religion, religious people or faith in our aspiration to widen education and give more options for non-religious families.
I reassure the noble Baroness that Amendments 53 and 57 apply to children who have already opted out of religious worship, as is perfectly legal and has been the custom for some time. Is she reassured by the fact that it is highly likely that John Locke and John Stuart Mill would be taught as part of a moral and ethical basis in any decent education, I would have thought?
I am familiar with what is happening in education at the moment, and John Locke and JS Mill are nowhere near it. The point I was suggesting is that, if they were, they should be taught to everyone. Opting out is fine; on other amendments, we are going to go on to talk about parents opting out of different things—that is fine. I was worried about secular assemblies; that filled me with horror. Maybe children could go and listen to some classical music or something that would be more productive. That was my concern on that matter.
(2 years, 9 months ago)
Lords ChamberIt is relatively early days. I do not have those figures with me, but I am happy to share them with the House if they are available. We will obviously be evaluating the programme, but I reiterate that the vast majority of the courses have been delivered in schools by school staff, so I am surprised at the suggestion that they have not been completed.
My Lords, what monitoring of outcomes and attainment has taken place with the current scheme? If this has happened, has it been broken down into categories, such as black and minority ethnic—including Gypsy, Traveller and Roma—disabled, girls and boys, so that we can see the real picture?
As I say, it is relatively early in the academic year. The programme started in September and if the noble Baroness looks at last year’s data, she will be aware that, even though there were no exams, the numbers taking these courses picked up very strongly ahead of the summer term. As I mentioned, we will be publishing the first stage of the evaluation in autumn 2022.
(2 years, 9 months ago)
Lords ChamberThe noble Lord is right on the principle that we need to keep close track of the impact of the measures that we have announced already. I remind the House that the interventions that we are funding with the £5 billion package are all those that have the highest evidence base to support them. They are highly targeted, both geographically and by age, and it is a multiyear package.
My Lords, will the Minister join me in congratulating the Traveller movement on its effective and popular project of post-Covid catch-up for Gypsy, Traveller and Roma school students? How many of those have been reached with demonstrable effect by the Government’s £1 million education programme, particularly in view of the questions raised over the competence of the Randstad contracts?
I do not have the specific data to hand as to the number of pupils from the Traveller and Roma community, but I am happy to share that with the noble Baroness if it can be found.