Education Bill

Baroness Whitaker Excerpts

Wednesday 20th July 2011 Grand Committee

[Lord Sutherland of Houndwood]

My Lords, I hope to speak to briefly on this question in view of my earlier remarks. This is a crucial clause, which has to do with the direction of government policy and a struggle that might develop between national policy and local authorities. The Academies Bill has gone through. I supported that, and I support the direction of travel in this Bill, not least because it clarifies very considerably what the Academies Bill amounted to. There are two or three points of difficulty that I want to mention, to which I hope the Minister might respond.

First, if every school becomes an academy, which is a possibility, then, as we have consistently pointed out, there may be cracks in the system. There has to be some oversight should these cracks appear. This is not regulating schools; it is trying to find a coherent policy that serves the needs of the whole community, should every school become independent of local authority control. As I said, the direction of travel is right, not least because we have had many decades of local authority supervision of schools and we do not have a system that any of us is content with. That is the reality, and it is one good reason why we should support the Bill, another being the excellence of the academy policy of the previous Government and the way in which many schools want to sign up to it. We have to give this a fair wind.

I have read the Explanatory Notes very carefully, and paragraph 180 contains a series of bullet points on which it is possible for local authorities to take a view on founding a further school. The most significant of these is a loophole. It is the last bullet point in paragraph 180, and it reads:

“Local authority proposals for a new community or foundation school”,

are possible,

“where following publication of a section 7 notice no proposals are approved by the local authority, no Academy arrangements are entered into, or no proposals are received”.

There is therefore, as I read this, room for the local authority to take steps to make provision for what otherwise might be absent.

I have two further points. First, the proposals for a series of schools becoming in effect independent over the years lack a proper sense of scrutiny of what might happen over the next five, 10 or 15 years in some of these schools. I shall speak to this point when we come on to exemptions from inspection and I shall not expand on it now. Secondly, 20 years ago a Secretary of State came up with a great new whizz and said to me, “Stewart, I plan to make all schools directly answerable to the Secretary of State. What do you think?”. I gulped and pointed out to him that this might mean that in Parliament he would be answering questions about the state of the lavatories at Walford primary school because there would be no other place to go to raise the questions. I hope any sensible Government would want to avoid that kind of situation.

[Baroness Whitaker]

My Lords, my Amendment 111A is different in content from the other amendments in the group, but like them it concerns the vigilance that we need to exercise over academies. Small-scale, local and innovative new schools and academies are good ideas in education. However, when groups of people get together to innovate in education, we will not want them to act in ignorance of good practice and the immense importance of the built environment. My amendment would give them exactly that access to good practice.

I have been in academies—which, as we all know, were formerly instigated to turn around fading schools—and the influence of the building and its design have been paramount. The latest RIBA report, Good Design: It All Adds Up, gives several examples of the educational effectiveness and economy of good school buildings. One of the most anti-educational elements in a school is insecurity—the lack of physical safety, the prevalence of bullying, petty theft, a culture of skiving off, persuading other members of a peer group to do the same, and vandalism.

I have seen buildings that have completely reversed this trend. It sounds like common sense but in fact the proponents of skilled design to improve security had to argue their case, such as everywhere being easy to see, personal lockers and toilets with only the cubicles private. The effects showed in the figures: much higher attendance, truancy dropping well below the London average, much higher attainment and even, at some schools, a reduction of crime in the immediate area. The only correlative was the new school building.

Of course it is not only security that makes a difference, although in failing schools it has been a huge factor. Ease and enjoyment of learning and pride in school are strongly influenced by the layout of classrooms, libraries, larger meeting places such as assembly halls, smaller informal ones, and other physical factors such as ventilation and light, which allow good teachers to give of their best. It all looks obvious when you see it in a school building, but far too few people realise what expertise goes into the right design and how much well-being is created by it.

I am sure that the Minister understands this point, as do his colleagues in the Department for Culture, Media and Sport, and I hope that he will grasp the opportunity for our children in the amendment.

--- Later in debate ---

[Baroness Flather]

My Lords, I shall speak to Amendment 116. All the amendments concern the role of Ofsted and it is very interesting to me—although not comprehensible—why community cohesion, as a separate fact, has been withdrawn from the responsibilities of an Ofsted inspection.

I have had a look at Ofsted’s document about inspectors’ responsibilities, especially in relation to community cohesion. It does not say anything except “community cohesion”, which is quite worrying, because I am sure that noble Lords around us in this Room have their own ideas about what amounts to community cohesion. It speaks mainly about well-being, which has just been referred to. That is certainly one of the issues that Ofsted has to look at, but there is nothing about community cohesion.

I spoke to an inspector who told me that her notion of community cohesion was, first, understanding one’s local community, which makes sense; secondly, understanding the national community, which makes sense; and, finally, understanding the international community, which makes sense as well. Why we should withdraw this duty from Ofsted, I fail to understand.

I have been sent a letter by the Minister which says that inspections will be related to schools’ “core responsibilities”. Why community cohesion should not be part of the core responsibilities is again not clear to me. Our country now encompasses many different types of people, cultures and development. If ever there was a need for community cohesion, it is now and for the future. To withdraw that seems to be spitting in the wind. We have schools which are different; we have faith schools. We need to know whether faith schools in particular are encouraging community cohesion. One can be faithful to one’s faith, but community cohesion is for all of us, of whatever faith we are. I would have thought that that was an integral and important part of any faith school. I am not speaking about Church of England schools’ bishops, because they are very good; I do not have much of a problem with them.

The Minister said in his letter that community cohesion is to be,

“considered in a proportionate and integral way”.

If it is not considered as a separate issue, I do not know how it becomes proportionate and integral, because it is a particular area which needs to be understood. The Minister went on to say that it would be considered,

“through looking at pupils’ spiritual, moral, social and cultural development”.

I am sorry. That is not about community cohesion; it is about a pupil’s well-being and making sure that they are well rounded. I do not understand where community cohesion comes in.

This is a very important area for the future of our nation. I remember very clearly, not so long ago, the noble Baroness, Lady Warsi, being made Minister for Community Cohesion in the House of Lords. What happened to that? I had thought that community cohesion was a “big buzz” thing. Whether it is a buzz thing or not, it is important that schools do not lose sight of it.

[Baroness Whitaker]

My Lords, I very much agree with the noble Baroness, Lady Flather, but in the interests of time I shall speak only to the amendment in my name, Amendment 116A. This gives Ofsted an additional task, to inspect the effectiveness of education as influenced by the buildings and design of the school. I do not expect that this is what the Government really want, but I would urge them to take the opportunity of this amendment to embed the importance of properly designed school buildings in the assessment of the education they provide.

I shall not repeat what I said on the earlier group of amendments, but I think that it is all the more important in view of the Minister’s response on design standards. I briefly draw attention to the recently published Space for Personalised Learning report commissioned by the previous Government. In changing their approach to school building, I implore the present Government not to throw the baby out with the bath water and ignore this treasure trove of expertise. Learning is changing, and so is our understanding of it. Even if we return to chronological history and Latin, both of which I rather like, our children need to be at home with and, indeed, masters of, the modern world and its changes. They need to earn a living in that world, and they need to be able to contribute to UK growth and culture and their own self-fulfilment. The essential message of the report is that buildings and the designed space matter very much for effective learning, inclusive learning, safe and secure learning and enthusiastic and creative learning. If our inspectorate does not pay attention to this aspect of education and further it where it can, we shall all lose out.

[Lord McAvoy]

I rise very briefly, just for a few minutes, to speak on Amendment 116. When the noble Baroness, Lady Flather, was moving the amendment, I felt I reached a new understanding with her, seeing as we have previously disagreed. I was even starting to think that I had a soul mate—I will withdraw the word “soul” in case that offends her. She said so much in the first part of her speech, but I will deal with that secondly. She rather spoilt it in the second part of her speech by homing in on faith schools. Although she made it clear, as usual, that she was not talking about Church of England schools, I had a bit of bother trying to fathom out which particular faith school she was on about. I am sure I will figure it out at some point. It would be totally invidious if separate criteria applied to faith schools, and I am afraid it shows deep paranoia and suspicion about Catholic schools that I just do not get.

Being positive and concentrating on the first half of her speech, it was brilliant in trying to get across how much all schools can contribute to community cohesion. I see schools I am most aware of—outside England’s jurisdiction, but nevertheless, I have knowledge of schools in England as well—and all schools getting involved in fair trade and fund raising for Africa and going out to Africa as part of various voluntary organisations. There are parent-teacher organisations that dig deep into the community because they get the parents involved. All of this goes back to the school and feeds back to the community. If there is any discrimination or any lack of importance given by the Government to community cohesion, the noble Baroness has highlighted that that is a weakness. Where it is going well, it is going very well. I also notice a bit of local rivalry which helps because if one school sees that another school has raised £2,000 or £3,000 for aid to Africa, that is its target. That is friendly rivalry, not contentious rivalry. Anything that brings back into consideration by the Government the contribution of all schools to community cohesion, the sooner the better.

Education Bill

Baroness Whitaker Excerpts

Monday 18th July 2011 Grand Committee

[Lord Sutherland of Houndwood]

My Lords, I am very pleased that I gave way to the noble Lord, Lord Griffiths. It was a humane contribution to a discussion that was otherwise beginning to polarise. I do not have interests to declare of the kind that others have declared. I am not a card-carrying member of any secular society or indeed of any church or religion. I suppose that my interest, if I have one, is that I was once a professor of philosophy of religion. In that context, I learnt that there are all sorts of philosophies, and on the whole the one that I liked best was that of David Hume, who taught me a bit of pragmatism. For example, I have discovered pragmatically that if you want a seat that allows you to take part at Question Time and you are a Cross-Bencher, you have little choice but to attend worship in the main Chamber. It is between me and my conscience what I am thinking when all that is going on, although I am not quite as clear in my mind as perhaps some of my noble friends are.

In this context, the reality—and this has been happening for a number of years—is that in many schools assembly is withering on the vine. In other schools, the assembly is very important because they have either a statutory or at least a common religious character that is accepted in the community. There, the assembly fits very well into the day’s activities and, by and large, the parents respect it.

I reiterate an additional point that the noble Lord, Lord Griffiths, drew out. If you were to replace assembly completely by fiat and say that assemblies must not take place, that would be a rational position that I would understand, although I would not share it. However, if you do that, you need properly to sort out the alternative. The one thing that assembly does is to engage the emotions of young people, which, sadly, is what we have failed to do with much of the curriculum. There are a variety of alternative ways of engaging the emotions of young people and, for some, religious worship in the community is one. Therefore, I would be very reluctant to get my tanks lined up and say, “Shoot it out of the Bill now”. If, as a matter of evolution, assembly is withering on the vine—which, I believe, is the reality—alternatives will, in an evolutionary way, begin to emerge, and that would seem a wholly satisfactory way of changing the situation in our schools. However, without further discussion and without a further clear picture of the alternative, I would not want to support the amendment.

[Baroness Whitaker]

My Lords, I think that my noble friend Lord Griffiths, who is temporarily sitting on the other side, is very disarming but I disagree with him about the relevance of these amendments. I am sure that many people in this Room and outside share the view that a moral and spiritual dimension to school life is essential. I personally think that it is essential for school students to join in a morally and spiritually uplifting act every day. The problem is that, if it is a Christian act, quite a lot of children are not Christian and some are not of that particular sect of Christianity. Those children are deprived. When I went to school, the children who were withdrawn sat outside, as has been said, and I do not think that that is what school is about.

Of course, I have absolutely no objection to children learning about Christianity. It is one of our glorious traditions which I do not happen to share but, like my noble friend, I am very glad to have known the King James Bible and, for that matter, the Bible of Tyndale. I would have no objection at all to my children experiencing a Christian religious ceremony or a collective act referring to the Christian approach. What I really think we should move away from, for all the reasons which have been given and which I shall not repeat, is a sectarian approach to morality and spirituality. We really cannot allow our children in this wide, diverse world to think that only one way to truth is the right way, that only one morality is right and that only one spirituality has any validity. Therefore, I am extremely happy to support the spirit behind all these amendments.

[Lord McAvoy]

My Lords, I think I should try to sit in a different seat in future, because every time I sit here I seem to be last or near-enough last in the batting order in trying to speak. Last Wednesday, there was trouble and the Government Whip intervened and effectively stopped me from speaking—despite the fact that I was unaware of how to work these things. Fifteen speakers were in favour of that type of amendment. I was against it and was frozen out. I do not know how we find a way of trying to balance things. I should also like to speak. I am not going to declare an interest, because I take exception to folk expecting me to declare my religion before I speak on an issue. If you consider my Sundays, you might get a clue.

The noble Lord, Lord Avebury, rhymed off a lot of substantial figures that seemed to prove that religion in schools was dying, that all sorts of statistics showed that folk did not bother and that we were heading for an atheist or a non-believing society. If that is the case, why is there enthusiasm for coming forward with amendments such as this that seem to flog a dead horse? I do not understand, if Christianity and religious belief are dying on their feet anyway, why we are trying to bury them.

At the risk of being controversial, what we have here is aggressive secularism. This is not a contribution to a debate based on tolerance. I agree with my noble friend Lord Peston that tolerance should surely be at the heart of any discussion such as this. I would never dream of stopping someone else from practising their religion or proselytising, as the noble Lord, Lord Griffiths, said. People are people and will do their own thing.

I can tell noble Lords that there is confusion and wonder among many in faith communities who have chosen to go to and use these schools. My noble friend Lady Whitaker was definite about the situation that she would choose for her children. That is absolutely fine, but the people who send their children to faith schools for collective worship and gatherings are surely entitled to have their point of view. There is a feeling that I am picking up—

[Baroness Whitaker]

I am sorry to interrupt the noble Lord, but since he mentioned my name, I should say that I do not think that any of these amendments would prevent parents from choosing a religious school that would have a religious act of collective worship.

[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.

Education Bill

Baroness Whitaker Excerpts

Wednesday 13th July 2011 Grand Committee

[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.

[Baroness Whitaker]

I support Amendment 98, in particular new subsections (6) and (7). We live in a nation of many cultures and several faiths. I declare an interest as a vice president of the British Humanist Association. These many cultures and several faiths are a huge asset for our culture, understanding of the world, trade, regeneration and enterprise—lots of things—but to realise these assets we need to be at ease with our fellow citizens, to understand their culture and their faith, especially when we do not share it. If we do not have this opportunity in school, we risk losing out culturally and economically but, almost more importantly, we risk increasing bigotry and prejudice.

[Lord Sutherland of Houndwood]

I have been mentioned. I have not resiled from the position I took on Monday and I continue to have concerns about the overcrowding of the required curriculum, as I am bound to say in talking about these amendments. None the less, I accept that PSHE is a very important part of education for many young people and that it will continue in schools, and rightly so. However, it seems that we are trying to impose the shape of education through legislation, whereas the shape of education is a matter of balance and balance is never formulated in a set of clauses in a Bill. The real issue is how well this is done and whether a balance of attitude is preserved. This applies to PSHE and to the teaching of religion and about other faiths in faith schools.

I have reservations. First, I do not think that we do PSHE very well. We have already had mention of the fact that teenage pregnancy numbers may be falling but we are still the worst in Europe. STD admissions are rising among young people. Whatever we are doing, and we have done a lot more of it the last two years, we are not doing it well. I am not sure that legislating in this way will change that. Secondly, it is very much a delicate balance. Thirdly, one of the ways in which you try to deal with delicate balances in schools is by having an adequate inspection system. I am not saying that the one we have is good enough yet, but if there were an adequate inspection system one of the things it would ask is, “Is the balance of sex education in this school, in this community and in this culture right?”. That is what you would expect from a good school inspection. It looks as if, in this Bill, many schools will be exempted from that kind of inspection and that is where I see the gap. I would be reassured about all this being written down in an Act if there were some way of ensuring that it were well done in schools. It is a delicate issue. How this is taught varies from one school and one community to the next and that can only be properly assessed by trained and qualified inspectors.

Education Bill

Baroness Whitaker Excerpts

Monday 4th July 2011 Grand Committee

[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.

[Baroness Howe of Idlicote]

My Lords, briefly, I support the amendment and the reasoning behind it. We seem to have been through this process on a number of occasions during the passage of a number of different education—indeed, other—Bills. Above all, it constantly takes me back to the business of early intervention, setting standards and leadership within schools. I am back again to Graham Allen. All his theories and ideas are exactly what we should be thinking about.

Things such as Sure Start have done a great deal to show us the way forward. Equally, some schools have taken positive steps with early mentoring for every new student who comes in, with a positive responsibility—through the ethos of the school and the head teacher—to look after and integrate a new child into the school community. All these things are necessary, not least, as has already been mentioned, in a society where particularly nasty practices can take place using phones and photography—not to put too fine a point on it—thoroughly disturbing, if not worse, the life of a young child emerging into the world.

We may not have the right answer here. I look forward to hearing the Minister’s response. This is an important issue and I am glad that it has been raised in this context. Of course, it is not just homophobic bullying; it is a whole range of issues. We all need to keep an eye on them.

Education Bill

Baroness Whitaker Excerpts

Thursday 30th June 2011 Grand Committee

[Lord Laming]

My Lords, in moving Amendment 33 I shall speak also to Amendment 100. Looking around the Room and seeing the vast experience that is seated here, I realise that the link between Amendments 33 and 100 may be slightly unusual. Therefore, I begin by offering the Committee an apology and the feeble excuse that I have been waiting for some time for a minor operation on a troublesome tooth. Those who are more experienced than me calculated that the day when Amendment 100 would come before the Committee would be the very day that the surgeon was wielding the knife. Therefore, I am extremely grateful to those who have helped me and been so understanding, particularly the House authorities, who have been very helpful. I am grateful for the support of the noble Baronesses, Lady Walmsley and Lady Whitaker, and the noble Lord, Lord Low, who is unfortunately out of the country today.

I also thank the Minister, who wrote to me on this topic. The Committee will not be surprised to hear that his letter was characteristically thoughtful. I appreciated it greatly. However, I regret to say that I did not find it altogether persuasive. That is because Clauses 4, 30 and 31 strike at the very heart of the proper development of children and the responsibilities that we all have, particularly the education services. The Committee will have noticed that the Bill removes the duties placed on the education services by the Children Act 2004 to co-operate with local authorities in promoting the well-being of children and young people in their area. These clauses could not be more comprehensive in their intention. They specify that they extend to schools, governing bodies, proprietors and FE institutions; they are indeed comprehensive. They make clear that, in future, these bodies will no longer even have to have regard or contribute to local plans for the well-being of children and young people.

In every inquiry that has followed a tragedy to a child with which I am familiar, two key messages have permeated every report like the lettering through a stick of rock. The first is that in future each service, including education, must greatly fulfil its particular responsibilities to promote the safety and well-being of each child. The second is that each service must develop the skills to work successfully across organisational boundaries and share information at an early stage. If any noble Lord, but particularly the Minister, can recall a report that does not repeat those lessons, I would be extremely glad to hear of it.

However, this is not just about reports. In every serious case review with which I am familiar—and there are getting on for 100 a year—these same messages are repeated to the point of tedium. Indeed, I recall a seminar in which a senior police officer said with some feeling, “Every time I have sat down to review what has happened to a child, the pattern has always been the same; as each service begins to put what it knew about the child and the family on the table, the meeting became quieter and quieter until someone said, ‘Well, if only we’d known that we would have acted much earlier’”—but of course in those situations it is generally too late for the child.

This is more than about keeping a child safe. We need to place child safety in the wider context of our and the education services’ responsibility to have the wider vision of promoting the proper development of every child. I hope the Minister will take the time to read again some recently published national reports on matters such as childhood obesity, children acting as carers, sibling care, teenage pregnancy, online grooming, drug and alcohol abuse, children with disabilities and those with special needs—to mention just a few. The unbroken thread through each of these reports is this: all these children are of the age to be in the education services, which have a responsibility for each and every child.

Only last week Mr Lansley, the Secretary of State for Health, went out of his way to make it absolutely clear that in the new arrangements that are being proposed for the National Health Service, the specific responsibilities placed on the health services—not just to safeguard children but, as he put it, to promote their welfare—will continue. In fact, if Amendment100 is acted on, the education services will be the only key services to be excluded from these activities. What is more, it just so happens that the education services are the only services that are universal to every child.

Earlier this week Mr Maude talked about teachers’ strikes, and he went out of his way to say that schools not only teach but carry out important wider childcare functions. The Minister in our House did a brilliant job, if I may say so, answering a Question on Monday. Perhaps I may read out his answer rather than my own text. Only yesterday in our consideration in this House of the Police Reform and Social Responsibility Bill, the Government introduced amendments to promote the police’s responsibilities with regard to the well-being of children.

The development of children’s plans and children’s trusts under the Children Act 2004 were designed specifically to place the well-being and the promotion of care of children in this wider context. In the letter which the Minister sent to me, he said that the Bill simply reverts to the earlier position. I urge the Government not to do that and to accept that exhortation and hope have proved to be inadequate ways of ensuring that all the key agencies, but particularly the education services, fulfil their unique responsibilities.

If we remove the duties placed upon the education services, as the Bill promotes, it will give not only a huge message to the education services but a negative message to all the other services that have to play a key role in all this. I know, because of my experience with Members of this House, that this House has a great concern for the well-being of children in general. I very much hope that if the Minister cannot agree to the amendments, he will at least be willing to meet some of us to discuss this so that we can consider the matter more roundly. I beg to move.

[Baroness Whitaker]

By adding my name to the amendment in this group, which was moved and spoken to with such authority and experience by the noble Lord, Lord Laming, I want to draw attention to a particular group of children where the role of local authorities and others in areas conducive to education—family issues, justice, mobile families—knowledge of the social services is crucial. If there are problems here, children may be disrupted and may drop out of school. Gypsy and Traveller children are particularly vulnerable to the combinations of circumstances that lead them to drop out. Their drop-out rate is far higher than any other group—very, very much higher. School alone cannot easily know all the factors behind this.

So if you want to give these children a better chance, a fair chance, and a chance that is comparable with that of other children, schools need to co-operate with local authorities over well-being. It must be done without exception and it must be a statutory obligation. Of course, it applies particularly in the harshest measure—exclusion.

The Minister referred in his closing speech at Second Reading to local authority children’s services. He said that they had,

“a critical role in the early years”.—[Official Report, 14/6/11; col. 773.]

Why stop at the early years? The need is just as great in later years. The Government’s White Paper on teaching says that local authorities have a role as “champions” of vulnerable pupils. Local authorities cannot exercise this role if schools choose not to co-operate with them. I support the amendments.

[Lord Sutherland of Houndwood]

My Lords, I am happy to find myself in my more natural position of supporting amendments rather than throwing four anchors astern. I pay tribute to the eloquence and passion of my noble friend Lord Laming and the experience on which that has been built. At Second Reading, I asked a specific question, which was that if there was a possibility of permanent exclusion—and it is included twice in the relevant clause in this legislation—there had to be a plan B. If any pupil is permanently excluded, there is a major problem that we cannot afford to put out into the wilderness without knowing the direction of travel that society ought to, and will want to, take.

The noble Lord, Lord Laming, has given us one possible solution to this—and I should like to think further about the details of Amendment 100—but there must be a solution, a plan B, and we need to know. If someone is permanently excluded, not simply from school but, as mentioned in Clause 2, from a pupil referral unit, we have a problem. What is plan B?

Education Bill

Baroness Whitaker Excerpts

Tuesday 14th June 2011 Lords Chamber

[Baroness Whitaker]

My Lords, I want to focus on two aspects of the Bill which are generally not addressed in education debates. They do not figure in current proposals for education reform very much, and I think that will cause problems.

The first is the educational significance of the design of school buildings. We have heard of the Secretary of State’s remark that:

“We won’t be getting any award-winning architects to design new schools”.

I prefer his earlier remark, in 2006, that,

“architecture has the most profound effect on how we live … The consequences of poor building design are borne by us all”.

Of almost no building is this last point more true than schools, so I hope he will return to his former view. There is plenty of evidence about the powerful effect of school building and design on attainment, behaviour, including bullying, security, ease of supervision, efficiency and economy of use, and even crime reduction in the neighbouring area. But these are the product of award-winning architecture. Standardisation of an oversimplified kind is not the answer, any more than it was in the discredited SCOLA system-building of schools in the 1970s. I think that Mr Gove is interested in history, so I recommend to him Schools of Thought, by Richard Weston, on this subject.

The lack of requirement for new schools to be well designed is particularly disturbing in conjunction with the department’s consultation document on lifting planning permission for change of use to school buildings. I am not saying that a new school could not be set up in a sandwich bar or a hairdresser’s or a funeral parlour—some of the document’s examples—but those engaged in the education of our children should have to ensure that the design of their school is conducive to education in all its aspects. They are likely to need advice. So I ask the Minister how it is to happen that new schools have this advice, and what is the department’s capacity, after the capital review, to provide it? I wonder if we should not also think of an Ofsted duty to report on the effect on education of the schools’ buildings.

The second aspect of the Bill is those neglected children from the Gypsy, Roma and Traveller communities. In education we look now at aggregates, percentages and averages of attainment. But in our society we still pride ourselves on valuing the individual. We should not ignore small numbers where the injustice to individuals is very great but does not show up in the wider picture.

The Minister is, I know, familiar with and concerned by the distressing facts so poignantly set out by the noble Lord, Lord Avebury, about the educational fate of these children and the consequent devastating impact on their capacity to earn a living. But is he aware of the recent research by the Irish Traveller Movement in Britain on the huge extent of bullying which is almost certainly part of the cause? Will he add that to the fact that, in his department’s study last year, a large proportion of these children opted not to identify themselves as Gypsy, Roma or Travellers, obliged, you might think, to deny their heritage to escape stigma and victimisation? These completely unacceptable findings point exactly towards the 1967 Plowden recommendations of special attention and planned action, now falling into abeyance.

In the Bill we have some provisions which reverse such targeting as there was, and others which make matters worse. The abolition in Clause 30 of the duty on schools to co-operate with local authorities to improve children’s well-being—which means, of course, also with all the local agencies which deal with health, social problems and justice, so relevant to truancy—is one such; the abolition of an appeal against exclusion, the removal of the right to reinstatement and the replacement of independent review panels are others. Between a fifth and a quarter of Gypsy, Roma and Traveller children, usually boys, are excluded from school, an astonishing and far higher proportion than any other minority ethnic group. It has not been paid much attention hitherto because it was not identified. There is no disaggregation to reveal it, for instance, in the Academies Bill equality impact statement. One cause is likely to be response to bullying. There is little home teaching arranged either. So any blanket diminution of appeal rights without a thorough examination of the justice of it is very risky. The Bill’s equality impact statement rightly commented on the low attainment of these children. But it does not seem to make any connections—it does not mention any impact of exclusions. I echo the concern already expressed on all sides of the House and ask the Minister what account was taken of the duty to provide education for Gypsy, Traveller and Roma children when considering the exclusion provisions.

We do have, finally, one good targeted service to help these children through the transition so many fear to secondary school, and to support them once they are there: the local authority-run Traveller education service. It is credited with securing a small but steady improvement in attendance last year. It is also a pan-European exemplar, recommended by the newly adopted EU framework for national Roma integration. But its lack of statutory backing has made it an easy target for cuts and it is rapidly declining. I think that we should look at some form of obligation to identify and support children who have become disengaged. It would take some of the burden off schools if it remained with the local authority, just as it has done with looked-after children—local champions of social justice, as the Minister put it. I look forward to his response.

Education: Gypsy, Roma and Traveller Children

Baroness Whitaker Excerpts

Wednesday 4th May 2011 Lords Chamber

Asked By

[Baroness Whitaker]

To ask Her Majesty’s Government how they will address the shortfall in the provision of the Teachers’ Education Service for Gypsy, Roma and Traveller children.

[The Parliamentary Under-Secretary of State for Schools (Lord Hill of Oareford)]

My Lords, this year the Government have allocated £201 million to schools for ethnic minority achievement via the dedicated schools grant. This is higher than the amount provided in 2009-10 via the former ethnic minority achievement grant. Schools may use this grant to purchase additional support for Gypsy, Roma and Traveller children or, if schools forums agree, local authorities may retain some or all of the allocation to deliver centralised Traveller education and ethnic minority achievement services.

[Baroness Whitaker]

My Lords, I thank the Minister for that reasonably sympathetic reply, but is he aware of the NUT report of last November which found that the Traveller education services were taking a disproportionate share of the cuts? Eight local authorities had completely abolished the service. Does he agree that the 20 per cent drop-out rate between primary and secondary school is disastrous for Gypsy and Traveller employment chances and that the school exclusion rate is higher than for any other ethnic group? What can be done?

[Lord Hill of Oareford]

My Lords, I agree with the statistics mentioned by the noble Baroness. Exclusion rates are, I think, three times higher for Gypsy, Roma and Traveller children than they are for the average of the population. Their achievement both at primary and secondary school is far lower. Unfortunately, the attainment gap over the past four years has widened rather than narrowed, despite all the efforts that have been made. There is clearly not a simplistic answer to this problem. I know that the noble Baroness has been concerned and acted in this area for a long time, as have other noble Lords. There is no simple answer. Clearly, the Government hope to go in the direction of devolving more responsibility to schools. As I said in my Answer, schools forums can choose to carry on funding a centralised service if they think that will work better. I hope that the pupil premium will provide additional resources for schools where they have Gypsy and Roma Traveller children. A lot of this is cultural and educational. Ideas that the noble Baroness and other noble Lords may have as to how one can chip away at this problem will be gratefully received.

Academies Bill [HL]

Baroness Whitaker Excerpts

Wednesday 7th July 2010 Lords Chamber

[Lord Astor of Hever]

I remind noble Lords that we are on Report and encourage them to keep their speeches as short as possible.

[Baroness Whitaker]

My Lords, I rise to speak briefly to Amendment 44A, which rather oddly is in this group. The arguments I made to ensure that the design of academies in new or refurbished buildings must be conducive to good education and not a waste of public money in Committee are still the same. I will not repeat them now.

I have tabled this amendment again because the answer from the noble Lord, Lord Wallace of Saltaire, although helpful, did not deal with what general minimum design standards would operate, and no letter was forthcoming from the department to amplify his, perhaps I may say rather vague, response that he had no reason to doubt that they did. I would not press for a statutory requirement if it were definite that the free schools network would include such design advice in the general advice that the Government are funding them to give to aspirant academy-makers.

The noble Lord cited the law covering access for students with disabilities, which was welcome, but I am sure that groups of parents, teachers or others need to get themselves guidance on how the broad provisions of the Disability Discrimination Act and successor obligations under the Equality Act should be translated into design.

The Government’s approach to housing, in their letter to me of 15 June, says that they will issue guidance by,

“setting out minimum environmental, architectural, design, economic and social standards”.

Are academies where children will spend a large proportion of their time at a formative period of their life really so much less important?

[Lord Low of Dalston]

My Lords, I shall say a brief word about Amendment 52, which is tabled in my name, and I hope that I can perhaps win the prize for the briefest speech of the evening. The object of Amendment 52 is to impose the SEN obligations on existing academies, which we already discussed to a fair extent when we considered government Amendment 11. The Minister made it clear that the SEN obligations would be inserted into the funding agreements of existing academies. The only point of unclarity that remained was whether we would have to wait for the existing agreements to run their course or whether the obligations could be inserted before that. If the Minister accepts the spirit of this amendment, it would enable the obligations to be inserted into the funding agreement within 12 months of the Act coming into force. I urge that that approach be adopted, rather than that we should be made to wait a number of years for existing agreements to run their course.

Academies Bill [HL]

Baroness Whitaker Excerpts

Monday 28th June 2010 Lords Chamber

Moved by

[Baroness Whitaker]

175: Schedule 1, page 16, line 8, at end insert—
“( ) requiring the appointed person to ensure provision of premises which meet designated minimum design standards, including standards which meet the needs of students with disabilities”

[Baroness Whitaker]

My Lords, I will try to race through this. I apologise for not signalling the subject at Second Reading, which I could not come to. It was, however, trailed in the Statement on free schools. I was grateful for the insight into government thinking which the Minister provided then.

Amendment 175, in my name, is predicated on one overarching fact—that the design of school buildings is fundamental to their purpose; and that a well designed school building, as well as keeping initial and recurring costs down and being environmentally sustainable, contributes materially and significantly to the educational success of the school. In the new Westminster Academy we can see even wider social achievements, including not only the educational results of a drop in truancy and a big rise in attainment, but also a drop in crime around the school. There is nothing in the Bill about the role of design; nor, as far as I can see, is it in the remit of the very interesting New Schools Network, about which the Minister wrote to us. Design was not directly included in the statutory remit of the original academies either, but they were to be created as part of a framework which insists on design criteria.

Design is not an amateur matter. We may all think we know a good design when we see one, but it is not just a matter of good taste. It is a matter of functionality, and of buildings or other objects which achieve a purpose. As regards school buildings, the standards—the modern ones in the Building Schools for the Future programme of the last Government—are well accepted. I entirely agreed with the Minister when he said in the Statement on free schools, in answer to my question, that the building regulations need a fresh look. I am referring not to this ancient corpus of law but to the up-to-date and innovative standards of our excellent new schools. If academies are to be built or put in refurbished buildings outside this framework, unless the sponsors have access to or understanding of school design skills, the children who study there will be deprived. Money will be wasted. I am sure that the noble Lord opposite does not want academy students to be let down in this way.

Listeners to the “Today” programme on 18 June will have heard new sponsors of academies being grilled about how even to get their building up in the first place. Procurement and construction are complex processes, requiring expertise and negotiation. If good design is not part of the process from the beginning, it invariably loses out and so then do the students, not least those with disabilities. My amendment would ensure that the appointed person in the regulations in Schedule 1—usually, no doubt, the sponsor—has a duty to find out what the appropriate design standards are and apply them. As I said, the standards exist. They could of course be adapted to allow for a range of educational models and school ethoi. This would work very well if the Government continued with the client design adviser system, another successful innovation.

I do not think that we should allow our children’s education to be vulnerable to the vagaries and variations in expertise of groups of people who may have clear ideas about the teaching culture they want to set up but no acquaintance with design. I beg to move.

[Baroness Walmsley]

My Lords, I agree with the noble Baroness, Lady Whitaker, about the importance of design. There is such a thing as a dysfunctional building. Schools are buildings around which large numbers of children have to be moved every day. It is very important that they are well designed for that purpose, as well as for concentration and calm contemplation of the lessons. If the buildings magnify sound, they will not be very good for that purpose.

I am also concerned about the green credentials of schools. Will the Minister say something about the design standards in relation to the use of energy and water, and the disposal of waste and all those issues? I have often suggested that schools are ideal places for ground-source heating. They have large tarmac playgrounds under which you can put the pipes. It really is important because in the future energy will be even more expensive than it is now and we will all have to pay for it.

I recently went to an academy school where in order to switch the lights off at night the caretaker had to go to the top of the building. However, he was forced to leave the lights on all night because health and safety would not allow him to come down the stairs in the dark. That new, purpose-built academy building was ablaze all night. It was a disgrace and I hope that we will avoid that sort of thing.

--- Later in debate ---

[The Earl of Listowel]

I interject briefly to seek reassurance on those minimum standards. I am reminded by this debate of a report some time ago about a head teacher of a new academy school that had been built without a playground. The head teacher reportedly said, “We don't need one, we will have them working very hard in school all day, thank you very much”. A paper presented to the British Psychological Society emphasised the value to children of having play breaks in the school day, and looked at how those play breaks had been squeezed over time. It would be reassuring to know that there is something in the minimum standards about a play area for children in every new school. If the Minister would write to me on that, I would appreciate it.

[Baroness Whitaker]

My Lords, I am very grateful to all noble Lords who have joined in at this dreadfully late hour. I particularly value the point about CABE, which is an economical and expert organisation that we hope will continue to be used as it has been. I am grateful, of course, to the Minister for the degree of his understanding, and for his assurances on accommodation for children with disabilities. I was not quite so sure about the firmness of his assurances about design standards for all schools. Perhaps he might write to me with the assurance that the current design standards will be used for academies, or perhaps we could have a brief chat about it. If the outcome is satisfactory, there will be no need to take the matter further; but we do feel strongly that there must be this assurance. I will read Hansard carefully and hope for another letter, or perhaps a conversation. In the mean time, I am happy to withdraw the amendment.

Amendment 175 withdrawn.

Academies Bill [HL]

Baroness Whitaker Excerpts

Wednesday 23rd June 2010 Lords Chamber

[The Lord Bishop of Bath and Wells]

My Lords, in the diocese of Bath and Wells, which is very largely rural, we have some 184 church primary schools, which have served their communities for a long time. They are essentially community schools. That is reflected across the country to a greater extent than we might imagine. The essence of those schools is built around how you make a community and what is part of a community. Some of them have rather more effective relationships with their parish church than others. Some of them have Christian head teachers, others do not, but the essential ethos of those schools, founded within the framework of Anglicanism, has carried through to a greater or lesser extent in their religious commitment.

It is key for us to recall the requirement for a national curriculum of religious education. There has to be a commitment to that going across not just the faith tradition of the particular school but the wide experience of religion so that young people have an opportunity to understand it. I say to the noble Baroness, Lady Massey, that many of these schools are committed to reflecting on the philosophy underpinning humanism. I was asked a few moments ago to try to clear up what is a faith and what is a belief. I shall not risk doing that, but I will say that all faith involves belief at some level or another and is committed to some kind of system. By definition, faith cannot ultimately be proved. Therefore, how we understand and develop these things depends on a whole variety of our relationships with one another in the wider spectrum of life.

I support academies. Indeed, I had the privilege of being the chairman of the board of education in the diocese of Southwark when the first of the academies in south London was formed. I am extremely proud of that, because it did indeed reach into that community at its most vulnerable level.

However, the concept of free schools raises for me real anxieties, particularly in the sphere of religious influence. That is not simply because I want to hold up my hand to say that the Anglican or Catholic churches have a corner of the market. I remind your Lordships of our national identity and the way in which we are tied into the concept of the sovereign as the head of the Church of England, under our constitution, and our relationship with Parliament. The issue is much more complex from that point of view.

There is real merit in our looking towards the development of academies, but I hope that the view of the future of good schools will not be that they should all become academies and enter the independent sector. We have many good schools and, if we go down that road, I fear that we will, in the end, marginalise some of the poorer communities.

[Baroness Whitaker]

My Lords, I had not intended to prolong this long debate by joining in, but I have to confess that I, too, was made more anxious during the course of it. I share the anxiety of the noble Baroness, Lady Murphy. I should say that I, too, am a humanist. Indeed, I am now a vice-president of the association. Long before that, however, I felt strongly that we live in a plural society and we need more than ever to be at ease with our fellow citizens. Our education system ought to increase that. I have some sympathy with the approaches taken by the noble Lords, Lord Baker and Lord Lucas, but most of all with Amendments 61 and 133 in the name of my noble friend Lady Massey.

Perhaps I may quickly throw this in: “belief” is the name given by international law to those systems of morality or ethics that are not religious. I quite agree that it is rather an odd word for that purpose, but it is generally taken to mean that. My question for the Minister is—if he does not mind putting my anxiety in the anxiety basket, so that it is a bit heavier than the certainty one—in what way will academies teach the national curriculum in respect of religion and belief?

[The Earl of Listowel]

My Lords, we have heard about two extremes of school—one in which only faith is taught, and the other in which everything is taught. There has been no reference to a concern that we might have, whereby one may learn much about everything but not have a thorough understanding of any particular thing. Perhaps at this time our faith schools are more important than ever to our children because, as the report of the Church of England’s Good Childhood Inquiry showed us, an increasing number of children are growing up in families where their parents separate or there are family tensions. As the 2004 UNICEF report pointed out, at that time this country performed the poorest in terms of our child welfare. There was a number of dimensions to the report. It looked at family relationships and highlighted the fact that Italy came top as regards children spending time with their family on a regular basis and enjoying a meal together.

I am speaking speculatively, but perhaps the particular value that faith schools of various kinds can offer can give children a sense of belonging when they do not have that sense at home. The value of a Catholic school is that it has behind it a whole tradition of music, ceremony and dress. Children in those schools benefit from feeling that they belong to something. While I recognise the danger of extremes, and of having a Jewish school by a Muslim school by a Catholic school by an Anglican school, and the difficulty of different faiths interacting, perhaps if this is worked right, the stronger our individual identity is, and the stronger our basis in our religious community, the more we can relate in a positive way to those of different faiths.