Schools: Parenthood Education

Earl of Listowel Excerpts
Tuesday 13th November 2012

(11 years, 7 months ago)

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Lord Hill of Oareford Portrait Lord Hill of Oareford
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I agree very much with the right reverend Prelate on his second point. On his first point, financial education is important. As he will know, it is delivered as one of the strands of PSHE education. Also, as part of trying to improve financial literacy, the Government could do work on things such as basic maths. There is a correlation: in well run schools, thriving pupils who have ambition and aspiration are less likely to get into the kind of difficulty that we have been talking about. I very much agree with the right reverend Prelate.

Earl of Listowel Portrait The Earl of Listowel
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My Lords, does the Minister share my concern that many of our schoolchildren will not experience stable and enduring relationships at home and that they may see many adults pass through their lives? If he does, is it not therefore important to ensure that schools can model for children what an enduring and reliable relationship is? Teachers can be equipped to do that through good training in child development, consultation such as that offered by the charity Place2Be and others, and the importance given to vertical tutor groups in secondary schools. These all support children’s ability to know about enduring and reliable relationships and be better parents themselves. I hope the Minister will agree.

Lord Hill of Oareford Portrait Lord Hill of Oareford
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I very much agree with the noble Earl about the importance of trying to help children to understand the importance of stability and stable relationships. I take his point that unfortunately too many children suffer from transient relationships at home. I know that many schools do extraordinarily good work to give children more order, discipline, shape and structure, which helps to replicate some of those things that, sadly, they do not get from their home life.

Children: Looked-after Children

Earl of Listowel Excerpts
Thursday 25th October 2012

(11 years, 8 months ago)

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Moved By
Earl of Listowel Portrait The Earl of Listowel
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That this House takes note of the standards of service for looked-after children and, in particular, the Government’s response to changes in residential childcare in the light of recent child protection failures.

Earl of Listowel Portrait The Earl of Listowel
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My Lords, I am most grateful to my Cross-Bench colleagues for allowing me a slot for this debate, to my noble friend Lord Laming, the Convenor, for prompting me to table this Motion and for his advice, and to the noble Lords who have decided to contribute this afternoon. I also pay tribute to Tim Loughton MP, for many years a consistent champion for looked-after children and the social workers who serve them and until recently Parliamentary Under-Secretary of State for Children and Families. As a Minister, he never tired of speaking to looked-after children and care leavers. It was good for the morale of the whole service that we knew we had a Minister who was listening to our concerns. I am reassured that his replacement as Minister also has a long track record of experience, most recently as chairman of the All-Party Parliamentary Group for Looked after Children and Care Leavers and of the All-Party Parliamentary Group on Adoption and Fostering. Mr Timpson has also recently produced a report on the education of looked-after children which I commend to your Lordships and which is available on the website of the Who Cares? Trust, the charity that clerks one of the parliamentary groups.

Finally, I thank Ann Coffey MP, chair of the All-Party Parliamentary Group for Runaway and Missing Children and Adults. Her report on children missing from care, together with the work of campaigning journalists such as Andrew Norfolk of the Times, exposed the great variability of quality in residential care and gave rise to some very good work from the Government in response.

I declare my interest as a trustee of the child welfare charity the Michael Sieff Foundation. As vice chair of the All-Party Parliamentary Group for Looked after Children and Care Leavers, I have listened for 10 or 12 years to young people from care, to their carers and their social workers, who come into Parliament to share their experience with us. I am very grateful for the trouble they have taken to warn us of their concerns.

It may be of assistance to begin with a brief description of the principles behind working with children who have experienced the kind of trauma experienced by many children taken into care. To the best of my understanding, the principles are as follows: early abuse, including neglect, of children by their principal carers can cause a significant impact on their development which may be enduring and difficult to reverse. The impact of parental abuse, including neglect, may be mitigated by many factors, the most important of which is the child’s genetic inheritance. Children who have experienced trauma of this kind may find it difficult to trust carers, to permit intimacy and to allow themselves to be loved. They may seek to sabotage relationships or test them to the point of destruction. They may be overly self-critical and critical of others. They may have an unquenchable need for attention. They may find attention very uncomfortable. They are often very complicated and needy young people. If they do not receive adequate early support in recovering from their trauma their personalities may become less flexible with age and they may develop a persistent personality disorder.

Key to recovery from early trauma is finding a person who can stick with the child and whom the child cannot, as it were, destroy through his overt or veiled attacks. Most of us have experienced in our lives the sensation of a love that is not returned. There is a similarity between this and a child’s experience. For a child, it may be as if the love of his life has spurned him and he can never love or trust another again. Learning to love again is the key to recovery from such trauma.

I would like to explore certain themes and questions with you. Most important is the development of the workforce: the child and family social workers, the residential childcare workers and the foster carers. Will the Minister undertake today to improve the qualifications of staff in residential childcare? Will he look very carefully at the call to move to a foundation degree level workforce in children’s homes? On the subject of consultation, the practice of providing groups of staff, managers, foster carers and social workers with an appropriately qualified clinical professional to help them reflect on their relationships with their children and families on an ongoing basis is widely recognised as necessary but is far from universally practised. In particular, given the mental health needs of children in residential care, it is beyond belief that there is no consistent support for staff to help them manage the needs of these children. Will the Minister consider introducing regulations to require that children’s homes receive ongoing clinical support from a professional from an accredited list?

Children’s residential care needs an institutional base to ensure steady improvement over time. Will the Minister examine carefully the Scottish Institute for Residential Child Care and the College of Social Work and see how the best of these models can be adopted for our own children’s homes?

Finally, residential childcare needs a champion. Will the Minister look, for example, at the work of Louise Casey the former homelessness tsar, champion for victims and, most recently, lead on families with complex needs? Will he seek to appoint someone of the ilk of Moira Gibb, the Chief Executive of the London Borough of Camden, who led the work on social work reform or Professor Eileen Munro, author of a very important report on child protection services? Both have been effective champions for social work.

These are the key themes I would like to explore today. I am grateful to my noble friend Lord Laming, who will look more closely at recent child protection concerns. He authored the report of the inquiry into the death of Victoria Climbié and has been a chief inspector of social services. I regret that there will not be time for me to speak about the health needs of looked-after children, concerns about their education, about transition from care or about the introduction of looked-after status for 16 and 17 year-olds on remand. On these matters I will say only that the mental health needs of these children must not continue to be overlooked. Their health assessments need to capture mental health needs. The dedicated looked-after child and adolescent mental health services need to be funded and protected in this difficult time. In particular, the mental health needs of pre-schoolers, the children under five who account for about 30% of those coming into care, need to be better identified.

On education, the looked-after children virtual school heads have been a very welcome introduction in recent years. The concern now is that they are being cut. Will the Minister ensure that this vital role is put on a statutory basis to make sure there is no deterioration in the educational attainment of looked-after children?

On leaving care, it is absolutely vital that the pilots allowing young people to stay with their foster carers past the age of 18 are rolled out across the country as soon as possible. Can the Minister give a timeframe for when this will happen? The Deputy Children’s Commissioner has found that sexual exploitation of children in care—as concerning as that is—is but a drop in the ocean compared with the exploitation of young people as they leave care and move into often inappropriate accommodation.

The Government are moving to bring children on remand into looked-after status. This will significantly increase the burdens on local authorities at a time when they are most hard pressed. Local authorities may find themselves with responsibility for these young people to the age of 24. Can the Minister assure the House that local authorities will be resourced adequately to meet this new challenge?

Both this and the previous Government have made significant improvements to services for looked-after children. The previous Government introduced ring-fenced funding for looked-after children under Quality Protects, introduced a minimum qualification in children’s homes of national vocational qualification level 3 and saw an increase in young people leaving care to go on to university from 2% to 8%. This Government have raised the bar for entry to social work, have implemented the newly qualified status for social workers introduced by the previous Government, and are implementing many of the important recommendations of Professor Eileen Munro’s review. They have promised the appointment of a chief social worker. I ask the Minister when he expects that appointment to be made.

Nevertheless, increasing numbers of children entering care, the worst recession that we have known and particular concerns about the sexual exploitation of children in residential care indicate that forward momentum has to be sustained. I suggest that this can be done by taking the following steps—or at least steps that can contribute. I would encourage the Government to place the development of social workers, foster carers and residential childcare workers right at the top of their agenda. It was heartening to read this week of the winner of the annual teaching awards, a woman fast-tracked into teaching with an excellent academic record and strong interpersonal skills. This is just the kind of person needed in services for looked-after children. It is most encouraging to see the fast-tracking model being applied to social work. I praise here the work of the noble Lord, Lord Adonis, who regrets that he cannot be present, and others in doing this.

On the continent, we see far more teachers and social workers choosing to become foster carers. Please can the Government support teachers and social workers to make that choice? Please will the Minister consider a similar fast-track approach for residential childcare—a care first, which learns from the experience of placing pedagogues in children’s homes and ensures that candidates need to be placed in supportive environments and not just parachuted into homes unsupported.

I invite noble Lords to remember the research by Professors Petrie and Cameron, and others at the Thomas Coram Research Unit, which compared homes in Denmark, Germany and England. Some 90% of staff in Danish homes had degree-level qualifications; the figure was 50% in Germany but only 30% in English homes. Yet in Germany and Denmark, half the children in care are in residential care, compared to 10% in this country. Homes in England are generally the last resort. Our children’s needs are generally of a much higher level of complexity and urgency, yet our staff are far less well equipped than their continental peers.

I can recall visiting the manager of a children’s home in Maida Vale, north London, five years ago. She had 30 years’ experience as a manager, postgraduate qualifications and a couple of degrees behind her, but she deeply regretted that many of her staff were barely literate. My experience of working in and visiting children’s homes has led me to admire many of the staff. I have met remarkable people making a difference to vulnerable children, often against great odds. These are extraordinary people. Some of the therapeutic communities in particular are remarkable and tremendous places to work, but the quality of staff is highly variable between and within homes. Our most vulnerable children need and deserve consistent expert care—staff who are confident about what they are doing; who understand the principles behind what they do; who can reflect and respect teachers, clinical psychologists and social workers and are respected by them; who have excellent interpersonal skills; who can engage children who may spit and hit; and sustain a relationship with such children over months and years. This work can be the most rewarding imaginable—working with a team and seeing the immense difference that one can make in a child’s life. It has attracted people of the calibre of Paul Ennals, the former chief executive of the National Children’s Bureau; Hilton Dawson MP, founder of the parliamentary group and now director of the British Association of Social Workers; and Sue Berelowitz, Deputy Children’s Commissioner. They all started their careers in children’s homes. This work is among the best ways to learn about children. It can attract the best, as it does in Denmark and Germany, if staff feel supported and valued in what they do.

Paul Connolly, best-selling author and a graduate of an abusive children’s home—now a father of two and an entrepreneur—spoke to me recently about why he succeeded while four of his contemporaries died before they reached the age of 30. He explained that he had always sought out adults to whom he could aspire. For him, he found them in the boxing gym neighbouring his home. He was befriended and became a boxer himself. What he wants most now for children in children’s homes is that they, too, have adults to whom they aspire. The chief executive officer of the Mulberry Bush Organisation, John Diamond, has convened a group of academics to look at establishing a foundation degree for residential care. I very much encourage the noble Lord to consider this as the next step forward.

I must shortly conclude. I should like to remind your Lordships of the words of Sir William Utting in his report in the 1990s on children living away from home, People Like Us. He wrote, and I paraphrase, “The best safeguard for children is an environment of overall excellence”. Confident, carefully recruited, well qualified and well supported staff are less likely to be awed by some celebrity or be bullied into silence or complicity. Confident staff are more likely to gain the trust of their children and minimise the child’s risk of running away—or follow that child if he or she seeks to disappear. Effective staff are more likely to be trusted by their children and to learn of any abuse from guests, volunteers or staff.

The best gift that we can give these children is to surround them with professionals and carers of the very highest quality. If this Government continue to address the status of residential childcare workers, foster carers and social workers adequately, they will be leaving an inheritance of which they can be well proud.

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Earl of Listowel Portrait The Earl of Listowel
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My Lords, I am very grateful for the care with which the Minister has replied. As I said, I was most grateful for the Government’s response back in June, when these concerns were raised, and for the setting up of the working groups. All that is very welcome indeed. Recently the Minister invited me to meet the head teacher of Rugby School with regard to the setting up of the Springboard charity, which helps vulnerable people on the edge of care to get into some of our best boarding schools. I take my hat off to him for this endeavour.

I am most grateful to all noble Lords who have taken part in the debate. A number of important themes have been raised but I know that at this stage I should not go into any detail. I shall look very carefully at what the Minister has said. Many of the young people from care who have come before our parliamentary group over the years have voiced the anxiety that Members of Parliament and Members of the House of Lords may not be hearing their concerns. I shall ensure that this debate is circulated as widely as possible among them so that they know their concerns are being heard and acted upon.

Again, I thank noble Lords for taking part today.

Motion agreed.

Schools: Children in Care

Earl of Listowel Excerpts
Wednesday 18th July 2012

(11 years, 11 months ago)

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Lord Hill of Oareford Portrait Lord Hill of Oareford
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Yes, my Lords, we would certainly encourage all local authorities to think carefully about boarding as an option. Local authorities such as Norfolk are already doing it, and others are as well. As I said, boarding schools can play a role—I agree with my noble friend. I am grateful for the initiatives taken by RNCF/Buttle and by the independent and maintained schools.

Earl of Listowel Portrait The Earl of Listowel
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My Lords, can the Minister give an indicative figure on the number of children in care, and the number of children on the edge of care, who are currently benefitting from this policy each year? Have the Government commissioned research into this area? I detect considerable interest among my Cross-Bench colleagues on the subject. Will the Minister consider a briefing for interested Members of the Lords and of the Commons on this interesting policy?

Lord Hill of Oareford Portrait Lord Hill of Oareford
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I would very much welcome further discussion with the noble Earl and any other Members of this House who are interested. I think that there is interest across the House in the potential of this initiative. As my noble friend mentioned, the noble Lord, Lord Adonis, was very keen on trying to make progress in this area, and the previous Government did some interesting trials. The numbers are currently very low but I think that, properly handled, there should be potential for the numbers to increase. The two initiatives which I have talked to perhaps have the potential to go up to, say, 1,000 places. That might involve children at the edge of care, in care or otherwise disadvantaged. However, I would very much welcome the chance to discuss it further with the noble Earl and anyone else who is interested.

Education (Exemption from School Inspection) (England) Regulations 2012

Earl of Listowel Excerpts
Tuesday 17th July 2012

(11 years, 11 months ago)

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Baroness Morris of Yardley Portrait Baroness Morris of Yardley
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My Lords, I am surprised that this measure has come back as a statutory instrument, given our debate during the passage of the Bill. It is an ill advised piece of legislation. Like my noble friend who moved the Motion, I want to look at it on the strategic level and on points of detail.

The noble Baroness, Lady Perry, made a significant contribution because there has been agreement over the 30 years since her colleagues’ 1988 education Act that inspection constitutes an essential part of the infrastructure of education policy and it was the first time that I had heard any senior politician from any of the parties be so critical of inspection per se as part of the framework. If I follow the logic of what the noble Baroness said, I am left wondering why we are letting Ofsted into any school in the country. If Ofsted is so weak and if we should now start to question its role in the education service, it cannot be just for outstanding schools; it must be in respect of the schools for which we worry far more, which are the satisfactory and less-than-satisfactory schools in our education system. There was no logic in that.

I, for one, still believe that inspection has been an essential part of basic education policy for the past 30 years. Successive Governments have abided by this. The narrative goes something like: “We want to give more freedom to schools, to encourage them to innovate and take on local character, to trust them more and more, and we are more confident in doing that if there is an accountability mechanism at its core. The better the inspection framework and the better our testing and the publication of that data, the more successive Governments have felt that they could free up so much more of the education system”. I still abide by that. It has been a shared concern across the parties and I am really worried if Members on the Government Back Benches—and perhaps the Front Bench, from whom we will hear—begin to challenge that shared understanding that we have had for a number of years.

The noble Baroness, Lady Perry, talked about a fall in standards in our schools over the past few years. I fundamentally disagree with her. That is not what I have seen, and I do not believe it describes what is going on in our schools. However, I do remember—because I taught in it—the school system before we had any inspection at all. I would not want to go back to that. The standard of education, the quality of teaching and the number of children being let down was far greater before we had this accountability framework, including inspection, than it ever has been since. That is my first point. Strategically, the Government are pushing freedom for individual schools. Logically, they have every reason to care more about the inspection framework and the accountability framework, rather than less. They are throwing it away.

My second strategic point, or point of policy and substance, is that if you read the Explanatory Memorandum—which I think was disingenuous in many ways—it says that allowing outstanding schools not to be inspected by Ofsted is a reward for good performance. We have spent years trying to persuade schools that being inspected by Ofsted is not a punishment. It is something that is good for schools and good for teaching, which they should accept. If being exempt from inspection is a reward for good performance, what does it say about those schools that we are asking Ofsted to go into more frequently? It must be that it is a punishment for underperformance.

If struggling schools see Ofsted inspections as a punishment, rather than as something that can be an essential step in improving their performance, that absolutely takes away all the progress that has been made over the past 20 years in trying to get a new generation of teachers to view Ofsted in a completely different light.

The second point the Explanatory Memorandum makes is about freeing up staff time. Ofsted inspection should not be taking up lots of classroom time. That is why we have moved to shorter notice for inspection and to inspectors being able to come in with two or three days’ notice. It is an admission by government that having Ofsted in your school wastes the time of teachers. Frankly, if we want to free up time, it ought to be for teachers who are teaching in schools that still have a long way to go, rather than in those that are outstanding.

The last point, of course, is saving money. If this is a money-saving measure, say so. Let it be. Let us talk about that, but let us not pretend that it is a decent educational measure.

In terms of local accountability, one of the things about Ofsted is that it gives a national framework for inspection, and it does not actually rely on local accountability. I want a system where the schools in the poorest areas are compared with the schools in the richest areas; the south with the north; the east with the west; the poor with the rich; the ethnic minorities with the affluent white. Unless we have a national inspection framework, we will never get that.

On details of policy, most of these points have been made, but I will make one more. The panoply of bureaucracy that is being built up as part of the risk assessment will take away any extra time or money that might have come Ofsted’s way. As the years go by, there will hopefully be more schools that receive outstanding Ofsted reports, go into that category and will have to be risk-assessed every year. We are assured that there is no trigger or tick box, so careful judgments about all these schools will have to be taken into account.

I will finish with two or three questions, some of which build on those which have already been asked. First, I want to pursue one of the questions outlined by my noble friend Lord Hunt. He asked whether schools will be reinspected. If in future Ofsted criteria change, will schools be inspected again or will they be allowed to be free for life from inspection against a set of criteria that is no longer being used?

Secondly, why are special schools not in this group? If we are going to exempt outstanding schools, then why are we not going to exempt special schools?

Thirdly, the Explanatory Memorandum talks about, I think, 60% of people who were in favour of a risk-based approach to inspection. I am in favour of a risk-based approach to inspection, but I am not in favour of this. Will the Minister let us know what the consultation report said about the number of people who were in favour of this particular recommendation?

Earl of Listowel Portrait The Earl of Listowel
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My Lords, I am most grateful to the noble Baroness for raising this very important subject. I share many of her concerns, particularly the concerns raised by several noble Lords about the rapid changes in school quality and how we can be sure we get on top of that in good time and do not allow some of these children’s education, and their time in school, to be wasted.

In one particular aspect of our education, which is faith schools—we have heard about creationism—there has been a lot of concern in debates on education Bills in this House about how they work in practice. Many faith schools deliver great education to children, but they are a special complexity for this country, and there is therefore concern about how this regulation may be implemented in that regard.

I have sympathy with the Government’s position. I listened with great interest to what the noble Baroness, Lady Perry of Southwark, said. I was reminded of the experience in Finland, where there is no school inspection system. Finland's Minister of Education says:

“Teachers in Finland can choose their own teaching methods and materials. They are experts of their own work, and they test their own pupils. I think this is also one of the reasons why teaching is such an attractive profession in Finland because teachers are working like academic experts with their own pupils in schools”.

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Lord Hill of Oareford Portrait Lord Hill of Oareford
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Yes, of course, my Lords.

Earl of Listowel Portrait The Earl of Listowel
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Before the noble Lord concludes, I thank him for his careful response. I may have missed his response to the question asked by the noble Lord, Lord Hunt, with regard to faith schools, but will the risk assessments also consider the impact of faith schools on the teaching of science, for example, and the need to monitor that area?

Schools: Primary School Places

Earl of Listowel Excerpts
Monday 16th July 2012

(11 years, 11 months ago)

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Lord Hill of Oareford Portrait Lord Hill of Oareford
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My Lords, trying to work backwards, first, so far as free schools are concerned, of the primary schools that we announced on Friday with proposals to come forward for 2013, nearly 90% of those are in areas of basic need where there is a shortage of places. I agree that good design is important but do not accept that temporary buildings cannot be part of a solution. Local authorities need to be free to make the judgments that they think are best to respond to the pressures that they have locally. Generally, as I said with the figures that I have set out, we have doubled the funding we are putting into primary school places. The birth rate started to rise in 2002; it peaked in 2008; so the Government are trying to address a serious challenge in the problem of the growing numbers that we have inherited.

Earl of Listowel Portrait The Earl of Listowel
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My Lords, is the Minister concerned about the number of primary school head teachers now nearing retirement and how to replace them? Are the Government looking closely at the pilot of 20 school leaders from primary schools in the Future Leaders charitable trust this year, which was so successful for secondary school leaders? Will the Government be looking at that and thinking carefully about how we secure sufficient highly skilled head teachers for primary schools for these 450,000 children?

Lord Hill of Oareford Portrait Lord Hill of Oareford
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Yes, my Lords. The quality of teaching in primary schools is obviously hugely important and I was encouraged to see today that, for the first time, the number of men applying to teach in primary schools has increased. I think all sides of the House would find that a welcome development. I agree with the noble Earl on the importance of the kind of example that he cites and I am sure we can learn lessons of the kind that he sets out.

Education: Engineering

Earl of Listowel Excerpts
Thursday 15th March 2012

(12 years, 3 months ago)

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Lord Hill of Oareford Portrait Lord Hill of Oareford
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On the first point about the importance of STEM subjects and making sure that there are teachers able to teach them, as my noble friend will know, we are working hard to encourage the supply of those well qualified teachers. On her second point about the free school application, I am grateful to her for bringing it to my attention. It is the first time I have heard of it. I will refer it to the officials who will be carrying out the first sift of the applications, because the important test of evidence of demand must be genuine evidence of demand for a particular school.

Earl of Listowel Portrait The Earl of Listowel
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My Lords, does the Minister share my concern that in the latest unemployment figures, 22 per cent of 16 to 24 year-olds are unemployed —the highest percentage since records began? Does that not indicate the great importance of what he said, which is that the curriculum needs to attract and interest children of all kinds, so that they stay in education as far as they can to get the qualifications that will give them hope of a job when they complete their education?

Lord Hill of Oareford Portrait Lord Hill of Oareford
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My Lords, I very much agree with the noble Earl. One encouraging point is the increase in the number of young people doing engineering and manufacturing apprenticeships, for example, which has risen by 30 per cent in the past year or so. The work we are doing with studio schools and with UTCs to encourage the take-up of vocational courses is all part of that, but I agree with the noble Earl’s fundamental point that one wants qualifications and courses for children of all ranges of interest, practical or academic. They should have parity of esteem, and the way to have that is through rigorous qualifications, not pumped-up ones.

Education Bill

Earl of Listowel Excerpts
Tuesday 18th October 2011

(12 years, 8 months ago)

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One of the all-party group’s important recommendations was that, if we are to get education right, it is desperately important that we have joined-up work between all the ministries involved. The report says that BIS needs to deal with home reading skills, the Ministry of Justice with offenders, the Department for Work and Pensions with benefits claimants, the DCLG with looked-after children and the Department of Health with educational psychologists and speech therapy. If we just go on raising this issue over and over again in Bills where an assessment is needed as part of early years or foundation years provision, we will get nowhere because there is never any likelihood that the Department for Education will be able to afford what is needed—and anyway, it will come out that people come from the Department of Health. Therefore, is it not right that that provision should be lifted out of this Bill and put into the Health and Social Care Bill, with a statutory requirement on the Department of Health to provide this in order to enable what we have been saying to happen? That is my question to the Minister.
Earl of Listowel Portrait The Earl of Listowel
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My Lords, I will be very brief, in part because I have an amendment on a similar theme to this in the next grouping in the Welfare Reform Bill. I, too, thank my noble friend for tabling these amendments and for generating this tremendously important debate at the beginning of Report. It was deeply gratifying yesterday to hear the Minister of State, Sarah Teather, highlighting the fact that the most important thing in terms of outcomes for educating children is the home environment, which is more important than the jobs that parents do or any other factor. My noble friend has hit the nail on the head, and we must get this right.

It concerns me that we should encourage and enable parents to learn to read, write and count when they have not been able to do that at school. It is very important that we enable parents to get access to adult education so that they can make up for any deficits. It troubles me that creches at the adult education institutes are being cut. I understand the difficult circumstances, but if there is any money available to the Minister and his department in the form of targeted funding to improve outcomes for children, in recognition of the importance of the home environment that money should go to the creches in those adult education institutes.

The noble Lord, Lord Eden, raised some very important points. I am sure that it is a concern to see those children facing away from their parents in the idiotically designed modern prams. I understand his concern about compelling parents to attend parenting classes, but it is interesting to bear in mind what the noble Lord, Lord Warner, said when he was chairman of the Youth Justice Board at the time of the controversial introduction of parenting orders for parents who were not managing their children properly—the children were getting into the criminal justice system. His comment was that parenting classes were the cheapest intervention with these families and young men, that they were the most effective intervention and that, when parents went to the classes, they said, “Why didn’t we know about these before?”. They were really grateful for the help. This needs to be treated extremely carefully and perhaps used only rarely. I am not sure whether the classes continue, but perhaps there is a place for them.

The noble Baroness, Lady Howe, raised very important questions, as did the noble Lord, Lord Storey, about valuing the early years experience.

I will have to move on quickly. I thank the Minister in particular for his help in Committee on my concern about the turnover of staff in nurseries. I will not be present for the next grouping of amendments, so I want to thank him now. I realise that the best place for me to put my worries is in the new consultation on the inspection of nurseries. I now know the civil servant to speak to. I am very grateful to him for his help on this. I cannot speak on the next grouping, but I am very concerned about the high turnover of staff in nurseries and the fact that nursery staff are often the poorest paid and least well educated yet we are placing the most vulnerable children in their care. These children above all things need stability in their lives. They need stable people who stay around. In some settings, such as nurseries attached to schools, staff turnover is 5 per cent, but in Sure Start centres and in other centres, turnover can be 13 or 15 per cent. Better support for staff and proper training and development will help to reduce the turnover of staff. I am sorry to jump ahead, but I strongly support the amendment on Sure Start centres and on insisting that staff get the training and support they need.

I look forward to the Minister’s response.

Baroness Benjamin Portrait Baroness Benjamin
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My Lords, further to what the noble Lord, Lord Ramsbotham, said, I would like to add play therapy to his list. Qualified play specialists who can work with the child and the parent—especially those having difficulties in relationships and attachment—really work. I have seen the results of that type of therapy, which is quite remarkable. I would like the Minister to take that into consideration when he is looking at this amendment.

Baroness Hughes of Stretford Portrait Baroness Hughes of Stretford
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My Lords, I shall make a few brief comments on these amendments. I start by commending the noble Lord, Lord Northbourne, who never misses an opportunity to raise the issue of parenting. I am terribly grateful that he does so because, with so many weighty matters often before this House, it is sometimes difficult to get those issues heard.

The noble Lord and other noble Lords, including the noble Lord, Lord Storey, and the noble Earl, Lord Listowel, were right when they said that we cannot overstate the importance of having good parents and the disadvantage to children when parents for one reason or another do not understand what good parenting is. For me, that involves having good involved fathers as well as mothers, as the noble Lord’s amendments make clear. Too often in our discourse about this, the default position is mothers, and we forget about fathers. As Minister for Children for four years, that was something I was very concerned about.

The point made by the noble Lord, Lord Eden, about communication from birth is profoundly important. Communication is the basis of good parenting because the enrichment children get from that kind of elaborative language, play, song and stories literally helps the brain to grow and helps the conceptual abilities of children to develop as well as helping with bonding.

I do not share some noble Lords’ opinion that somehow there has been a failure of moral fibre among the population and that today’s parents perhaps no longer care as much as our parents did. There have been changes, but some of those changes are due to changing social circumstances. The lack of proximity of grandmothers, grandfathers and the extended family to new parents means that sometimes people become parents without the support of their family who have been through that before, so they do not benefit from the wealth of that experience. I do not think this is to do with unplanned pregnancy or feckless parents. It has been demonstrated that many people new to parenting nowadays need support to understand what good parenting is. In my experience, and as the research shows, parents want that support and want to be good parents. That is why, as noble Lords have said, the provision of the opportunity to learn what that means is so crucial. Putting on the statute book that this will be available, without dictating the terms of that in detail, is an important thing to do.

The noble Lord, Lord Northbourne, rightly looked at the Childcare Act and said that it does not make provision for parenting education and support, and he is right. However, other legislation already on the statute book and in statutory regulations make provision for that, and it was enshrined in the legislation and regulations that define the Sure Start children's centre, as the noble Lord, Lord Storey, pointed out. When the regulations for what children’s centres should provide were being drawn up, they included a core offer that all children’s centres had to provide, as well as some optional things that centres could provide depending on local need. The provision of parenting support and parenting education classes is in the core offer. All children’s centres, particularly those in disadvantaged areas, have to provide parenting support, and have been doing so. There has been enormous progress in the amount of provision available and, as the noble Lord, Lord Storey, has said, many schools, particularly primary schools, now provide that as part of their core offer.

The problem for me, which I would be grateful if the Minister could address, is that because children’s centres are closing and many are having to reduce the services they provide because of lack of funds, the progress that has been made in making parenting education and support available is now in jeopardy. The Minister may well refer to the point raised by the noble Baroness, Lady Walmsley, that the Government have very recently announced some new money to promote parenting support, but I question the need for that at the same time as we are seeing some of that provision disappear because children’s centres are closing and being reduced. There is some conflict about where the Government stand in relation to ensuring the provision is available. It has been available for some time now in children’s centres but, as I say, that is now in jeopardy.

I very much support the amendments. The noble Lord, Lord Northbourne, said that he would not press them for a vote, but I think it is important for the Minister to make clear the Government’s position on this, particularly in relation to children’s centres. We will come to that issue in more detail in Amendment 5, but it is relevant here because this is predominantly where parenting support and education is currently available.

Earl of Listowel Portrait The Earl of Listowel
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Before the noble Baroness sits down, can she say whether she thinks it important that there is a good, continuous institutional base for parenting training and development? I may have misremembered—

Baroness Garden of Frognal Portrait Baroness Garden of Frognal
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If the noble Earl will forgive me, on Report people may speak only once to each amendment.

Earl of Listowel Portrait The Earl of Listowel
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I thought it was the case that one could ask a brief question before someone sits down. I do apologise if that is wrong.

Baroness Hughes of Stretford Portrait Baroness Hughes of Stretford
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If noble Lords will accept the question put to me by the noble Earl, Lord Listowel, I will answer it. I think it is very important that there is an institutional base because one needs to develop a great deal of expertise around delivering parenting support.

There is a danger that anybody who has been a parent thinks they can give effective parenting support and education, and that is not the case. Children’s centres are required to provide only those programmes that have been extensively researched and validated to show that they have a positive impact. The Webster-Stratton approach and others have been so researched and the documentation on their effectiveness is in the public domain. It is not clear who will deliver the programmes the Government have put this extra money into, but it is very important that there is the training and delivery of really clear programmes that make a difference. Otherwise, if people think they can just get a group of parents together and advise them because they have been a parent and they know how it is done, I am afraid that can do more harm than good.

Sure Start

Earl of Listowel Excerpts
Monday 17th October 2011

(12 years, 8 months ago)

Lords Chamber
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Lord Hill of Oareford Portrait Lord Hill of Oareford
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I hope I have made clear in all my answers, particularly to the question asked by the right reverend Prelate, that the Government accept entirely the importance of the services delivered through Sure Start children’s centres. One whole focus of the Government’s work is to seek to increase funding into greater concentration on the early years. That is continuing despite the difficult financial situation that we face. I agree that the more one can do with young children to help them become ready for school and to achieve and to learn, the better they are likely to do later and the less chance there is of them going off the rails when they are older.

Earl of Listowel Portrait The Earl of Listowel
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My Lords, there is a huge cost to society from failing to intervene early, particularly a huge public health cost, given that mental disorders mostly begin in childhood. For example, if smokers had had an intervention in childhood and their relationship with their parents had been strengthened, perhaps 40 per cent of them would not be smoking now. It would probably be the same for alcohol and drugs. Failing to intervene is hugely costly. Will the Minister ensure that the Department of Health carries a proper rate in support of this early intervention and will provide funding to Sure Start children’s centres? Further, will it provide adult mental health services to parents in Sure Start children’s centres and that there is full recognition of this? Will the Minister also discuss with his colleagues how children and families can be prioritised in the Health and Social Care Bill so that these often overlooked groups get the early support that they need?

Lord Hill of Oareford Portrait Lord Hill of Oareford
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My Lords, I agree very much with the noble Earl about the importance of early intervention, which is the theme of a whole range of measures that the Government are taking across departments. We work closely with the Department of Health. We worked with it on the statement on foundation years, which was published in July, and will continue to do that, bearing the noble Earl’s points in mind.

Education Bill

Earl of Listowel Excerpts
Wednesday 14th September 2011

(12 years, 9 months ago)

Grand Committee
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Earl of Listowel Portrait The Earl of Listowel
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My Lords, I am sure that it is out of order for me to speak at this point, but I hope that noble Lords will forgive me. I was participating in a long-standing commitment to attend an awards ceremony for young people on the National Grid young offender programme. I heard about the success of four young men, one of whom left prison a year ago and is now moving into management in his firm. It was marvellous to see the enthusiasm of the young men and to hear their stories. It illustrates how important it is to find useful work that these men enjoy doing. I have been to ceremonies in the past and seen the young men with their partners and young children. They have shown that they can be fathers who are present for their children, who take an interest in them and who set them a good example. That is very much to be welcomed. I was sorry to hear at this event that Sir John Parker, the chairman of National Grid Transco, who has led the scheme over the past 10 years, is shortly to retire. I take this opportunity to pay tribute to his leadership in taking forward the programme and recruiting so many other companies and businesses. Soon they will have trained 2,000 young offenders for work. I declare an interest: I have received hospitality from that company in the past. I apologise for speaking out of order, but I hope that noble Lords will forgive me on this occasion.

Lord Lucas Portrait Lord Lucas
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My Lords, I had better say to the noble Lord, Lord Sutherland, that I will not move Amendment 145 because I had a wonderful e-mail from the Minister saying that he had done everything he possibly could and that all sorts of wonderful reductions in paperwork were on the way. All I can say is thank you.

Education Bill

Earl of Listowel Excerpts
Monday 12th September 2011

(12 years, 9 months ago)

Grand Committee
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Lord Low of Dalston Portrait Lord Low of Dalston
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My Lords, this is a straightforward amendment which I hope the Minister may be willing to accept. The proposed new Clause 42, which I am moving, ensures that schools cannot be designated as teaching schools by the National College for School Leadership unless they have received an outstanding grade for teaching special educational needs.

The schools White Paper, The Importance of Teaching, made it possible for schools to apply for teaching-school status, allowing them to become centres of best teaching practice in their local area. Schools’ ability to apply for teaching-school status was extended to special schools teaching children with predominantly complex special educational needs in the SEN Green Paper, Support and Aspiration: A New Approach to Special Educational Needs and Disability. The eligibility criteria for schools applying for teaching-school status include an Ofsted rating as outstanding for overall effectiveness, teaching and learning and leadership and management. In these days, when so many more children with SEN are educated in mainstream schools, it is hard to see how a school could get a rating of outstanding for overall effectiveness without being able to demonstrate excellence in the teaching of children with SEN. However, given the specialised nature of this work, it would seem sensible to require schools to be able to demonstrate expertise in this area as well as those already listed in the criteria if schools are to be expected to improve teaching in the area of SEN and improve standards and spread best practice.

The Special Educational Consortium is concerned that under the existing eligibility criteria a mainstream school applying for teaching-school status could achieve this without having the necessary expertise in the teaching of children with SEN. This is a concern because many children and young people with special educational needs are now being taught in mainstream educational settings, where it is essential that schools should be able to recognise the particular challenges they face in accessing the mainstream curriculum. Given the importance of the teaching workforce having the skills to work with children with SEN, it is vital that schools be able to demonstrate their excellence in this area as part of the criteria for achieving teaching-school status.

Having an outstanding rating for the SEN element of a school’s work is also important for giving parents and children confidence that the practice being spread through local schools partnerships will help ensure that children with SEN can participate fully in learning. Introducing the additional criterion that schools have an outstanding rating from Ofsted for their SEN teaching will encourage schools considering applying for teaching-school status to address the way they open up the curriculum to children with SEN and, where children are taught in an SEN unit outside the mainstream school, how learning outcomes can be improved. This would help to address a significant barrier across all education settings, and the lack of expertise and understanding around low-incidence impairments such as deaf/blindness where access to communication and other teaching specialisms is necessary if the challenges are to be overcome.

Any sharing of best practice needs to have a well-developed knowledge base to draw on. However, the Special Educational Consortium’s experience is that knowledge of SEN and the added difficulties that learners with special educational needs face is lacking in many local areas. Requiring schools desirous of acquiring teaching-school status to be able to demonstrate expertise in teaching children with SEN could help to address this issue. I beg to move.

Earl of Listowel Portrait The Earl of Listowel
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My Lords, I support my noble friend’s amendment. We have seen a great change in the training of teachers in recent years. In the past, teachers typically were trained for three years to their bachelor educational degree, which was a good long grounding. We have seen that period reduced to one year, and more and more teachers are being trained on the job. I welcome the move to more classroom-based learning for teachers but we have to be sure that it is right. There is a risk to that strategy and I look for reassurance from the Minister that teachers will be getting an understanding of SEN in that training. Perhaps I may make a further comment—we should not forget that more and more classroom assistants are those who work one-to-one with children with SEN. They too need the high-quality training.

Baroness Morris of Yardley Portrait Baroness Morris of Yardley
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My Lords, perhaps I may make a brief comment and ask a question. I have some sympathy with the amendment. When I first saw it I thought that it was perhaps overprescriptive, but having listened to the noble Lord, Lord Low, I have sympathy with it. Throughout the proceedings on the Bill we have understandably heard a lot from the Government about not putting heavy regulatory burdens on schools. Given that that is the direction in which we are going, it is obvious that at some point in the system there should be a fair amount of regulation—otherwise the system collapses and no-one would know what is going on. My understanding from the teaching schools—of which I am a great supporter and I hope that they do very well—is that this is one of those areas where the Government have accepted that there will have to be a lot of monitoring and a fair amount of regulation. You can see that by looking at the criteria for a teaching school. For instance, a head has to have been in post for three years—a matter with which I have always quibbled in my mind. However, I am not going to quibble with it because I accept that this is one of those bits of the education system that the Government really will have to keep their eyes on.

I can therefore see the argument, given that one of the great weaknesses in our education system is the quality of training for SEN that teachers get, that there is never enough time in initial teacher training to do that adequately. It is not properly covered in the induction year—it did not happen when I was in power and there has not been much improvement since. There is a genuine problem and I am persuaded by what the noble Lord says—these are the areas where these institutions need to be properly regulated. Losing this opportunity, which we should seize to raise the standards of teaching those with special needs, would be again to commit the mistake that we have all committed through the years, which is to pass legislation and then in future years see how we can tag SEN on to it. That has been a huge fault of government for decades. We put something in place and a few months later think, “Ah, how can we make this relate to SEN?”.

My question is this—how many schools designated teaching schools have not been awarded an “outstanding” category by Ofsted? What is that overlap, and how many schools not in that category have applied to become teaching schools? Perhaps the Minister can provide a little analysis of the comparison between schools which have been awarded the “outstanding” category as a result of inspections and those that are “outstanding” in SEN.

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Overall, I hope that the noble Lord, Lord Low, will agree that a lot is being done to build the skills of teachers in supporting children with special educational needs and disabilities. It is an important area. The teaching schools will have an important role. I think that the new Ofsted designation will make that link explicit. We will continue to work with special educational needs charities to ensure that the focus on this important area remains. With that, I hope that the noble Lord, Lord Low, will feel able to withdraw his important amendment.
Earl of Listowel Portrait The Earl of Listowel
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I hope that the Minister will forgive me if I make one further comment. Within the SEN group, I can see those children with emotional and behavioural difficulties particularly profiting from the Government's strategy to increase classroom-based learning. With those children, it is often the case that they can act out, act aggressively towards a teacher or other pupils. That can give rise to an understandable anger or irritation in the teacher which they may feel very moved to act on, but which will not be a helpful or appropriate reply to the behaviour. On the other hand, some children become very depressed, and it is easy to ignore them. Having an outsider observing the class and seeing how the teacher reacts can be a very helpful method to enable teachers to engage with EBD children and help to include them in the mainstream.

Models such as consultation for school staff, such as has been done for many years by the child and adolescent psychotherapist Emil Jackson in north London, is another way to help staff to think more deeply about their relationships with their pupils, particularly those who are challenging. I hope that the Minister will forgive me for making that additional comment.

Lord Low of Dalston Portrait Lord Low of Dalston
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I am grateful to all those who have spoken in the debate, which has been supportive of the issue I raised. I am therefore glad to have flagged it up, but I am reassured by what the Minister said about the work going on—in particular what he said to the effect that an Ofsted designation of overall effectiveness will increasingly be difficult to achieve without a demonstration of quality or excellence in the field of SEN. I hope that the Minister and the department will continue to make clear to Ofsted that overall effectiveness requires all-round effectiveness but necessarily includes excellence in special educational needs. With the Minister’s reassurance about the work that is going on and the indication that he has given of the work being done to clarify that an Ofsted designation of teaching-school status will increasingly require excellence in special educational needs, I am happy to beg leave to withdraw the amendment.

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Lord Lexden Portrait Lord Lexden
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My Lords, following my noble friend’s powerful speech, I want to make just a few points on inspection arrangements for independent schools. I do so as a former general secretary of the Independent Schools Council. It was during my time that the Independent Schools Inspectorate assumed its early shape, before being put on a firmer basis by the Secretary of State, and being given responsibilities which were clearly delineated, and approved by the Secretary of State, under the Education Act 2002.

One point that I would like to make is that the Independent Schools Council is not quite in the state of flux that my noble friend suggested. The Headmasters’ Conference has had disagreements with the Independent Schools Council, which acts on behalf of a number of independent schools associations. There have been detailed inquiries as to how the Independent Schools Council might operate more effectively in the future. I understand that those negotiations and discussions have reached a satisfactory conclusion, and on that basis the Headmasters’ and Headmistresses’ Conference will be remaining one of the constituent elements of the Independent Schools Council.

There is no doubt at all about the independence with which the ISI operates. This was clearly laid down in the terms of reference that the then Secretary of State gave the ISI in 2002. It is becoming stronger and more manifest next year, as my noble friend mentioned, since the ISI is going to be reconstituted as an independent trust. At no time has the ISC sought to influence, directly or indirectly, the work that independent schools inspectors have done. This has been clearly shown by Ofsted’s monitoring of the education inspections, which has been conducted since 2002 under the terms of reference laid down by the Secretary of State. Not one cause of complaint or censure has ever been laid against the ISI by Ofsted during its monitoring of education inspections. Indeed Ofsted’s report last year praised the “excellent dialogue and communication” with schools, the “clear and authoritative” feedback, the “inspectors’ courtesy and professionalism”, and the “rigorous” checking of schools’ “compliance with the regulations”. I know from my own experience the seriousness with which Ofsted undertakes these duties, which are recorded publicly. Also, there is close Ofsted involvement in the everyday work of the ISI, since representatives of Ofsted—very senior figures indeed—come to the meetings of the committees which oversee the ISI’s work.

As things stand at the moment, independent boarding schools are subject to two separate inspections, causing a great deal of duplication, and of course extra expense. The monitoring arrangements, having worked so well as far as educational inspections are concerned, are now going to be put—and this is a wholly new aspect of things—on a firm, statutory basis as, under Clause 42, the power to inspect welfare arrangements will pass to the Independent Schools Inspectorate as well.

The work done by the ISI is rigorously overseen. High standards have been maintained by the Independent Schools Inspectorate. There is a wide feeling that it is fit to carry out boarding welfare inspections, the quality of its inspectors and the rigour of its work having been clearly supported and underlined by Ofsted. To the extent that there is concern about the ISI’s position, Clause 42 should increase confidence in that it puts into primary legislation a duty on Ofsted to monitor and oversee the ISI’s work. This is something that already works well in practice for the educational aspect of school inspections. The clause will remove any doubt as to Ofsted’s role and the quality assurance and oversight of the ISI’s work, and it should lower costs to schools by substituting two inspectorates with one, with no lowering of regulatory standards. I believe that it is a welcome clause and that it should receive support.

Earl of Listowel Portrait The Earl of Listowel
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I hope that the noble Baroness and the noble Lord will forgive my ignorance but are these inspections normally announced or are they unannounced?

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Lord Lucas Portrait Lord Lucas
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My Lords, I hear what my noble friend says; I am half comforted by it. As she knows, I edit the Good Schools Guide, and therefore have a long-standing and unhappy relationship with the Independent Schools Council inspection service, which has yet to return even one of my e-mails. Although I agree that it is inspecting much better than it used to, it still seems to take the school’s side rather more often than I find comfortable. I think that, because a lot of the people doing the inspecting suffer the same problem with difficult parents as the people who they are inspecting, they do not pay the attention that they ought to occasional signals of distress and therefore fail to spot underlying problems.

I am very dubious about mixing education and welfare; they are different concerns and different skills. How is a young boy in distress going to talk to someone who appears to be a schoolmaster if he will not talk to his schoolmaster? You need a completely different character, training and skill-set to be a good inspector of welfare—to understand what is going on in a family, if you are in a local authority context, or in a school. I am not anticipating great disaster. Schools are light years away from what they were when I was a child and there is no general problem, but we all know that a lot of girls’ schools have eating disorder problems. There is certainly still bullying in some schools to an unacceptable level. Spotting those things requires someone to go round the school who pupils who have not talked to and who people at the school feel able to take into their confidence. As I said, that is a different character of person. For myself, I would be surprised if the ISC does that well. It may be a long while before we have a problem arising from it, because problems are mercifully rare.

Earl of Listowel Portrait The Earl of Listowel
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My Lords, if I may, I want to ask the Minister a little more about unannounced and announced inspections. If I remember correctly, the Children's Commissioner for England, Professor Al Aynsley-Green, when he was in office, was particularly enthusiastic about his power to make unannounced inspections. Professor Eileen Munro, in her final report on safeguarding children, recently advocated the use of unannounced inspections, principally because they relieved organisations of a bureaucratic burden. She felt that that would be less burdensome to them than announced inspections. I would be interested to hear from the Minister what is the current situation with regard to those two kinds of inspection—announced and unannounced.

Baroness Garden of Frognal Portrait Baroness Garden of Frognal
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My Lords, I will need to write to the noble Earl on that point, because I do not have the figures for the exact mix between announced and unannounced inspections and how they are carried out.

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While I accept that no programme will ever be infallible, the evidence shows that academy status and autonomy are working. From 2009 to 2010, results in academies improved by an average of 7.8 percentage points, compared with a national increase of 4.5 percentage points for all maintained schools. Again, this year chains of academies have reported some impressive results. The measures that we propose are a logical extension of the current powers. They follow the direction that the previous Government intended to take but with some added safeguards. With that information, I hope that the noble Baroness will feel able to withdraw her amendment.
Earl of Listowel Portrait The Earl of Listowel
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My Lords, I am grateful for the Minister’s response. I certainly recognise the concerns about failing schools that have continued to fail children over long periods. However, I am reminded of something that a young man who grew up in a non-functioning family said to me a little while ago. He said, “I have issues of trust”. It is very hard for families who are struggling to trust individuals or institutions. Their relationship with their school can become very important. I can imagine that it might be enormously disruptive to such families to find that their school is being turned upside down. Therefore, I will listen to the response of the noble Baroness. I am reassured to a large degree by what the Minister said, but I say to him and his colleagues that when you bring about these changes, it can be very upsetting for those vulnerable families.

Baroness Hughes of Stretford Portrait Baroness Hughes of Stretford
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I thank the Minister for his response and I thank Members of the Committee who have spoken on this subject for their contributions. I absolutely agree with the Minister that underperforming schools cannot be allowed to continue underperforming indefinitely. I feel as passionately about that as he does. So do many Members of the Committee, I suspect. However, the key question is: how effectively can we drive that improvement in performance, particularly when underperformance has been persistent over a period? Sadly, it is also generally the case that underperforming schools are not distributed evenly around the country. They tend to be concentrated in areas where local authorities are weak or where there are endemic problems and so on. There is often a concentration of underperforming schools. That issue needs to be grappled with. The route that the Government are taking is different in some respects from the one that we were proposing. The previous Government wanted powers to direct a local authority to act, but not necessarily the sweeping powers that this Government are taking to allow the Secretary of State to make the judgment directly about closing the school. That is a key difference. I can entertain the possibility that there may be a place for the Secretary of State to have that power but, in deciding this in Committee and on Report, we ought to have a much clearer idea of the criteria that the Secretary of State would use to make the decision for direct closure and the kind of circumstances in which those powers would be used.

There are other powers that it may be more constructive to use. For instance, there are powers to intervene directly with the local authority. As a Minister, I did that in a number of local authority areas in setting up performance management boards. Sometimes it was with representation from a Minister, chaired by a Minister with Department for Education officials with independent representation, with experts, with the chief executive of the local authority, with the director children’s services and with head teachers, charged with driving up performance, not in 10 years but demonstrably in one or two years. That method might not be suitable everywhere, but where it is appropriate it drives up performance in schools without the nuclear option of closing local schools with the uncertainty that that creates for parents.

In that system, if maintained schools improve, they will stay as maintained schools. That is another key difference between our vision and that of the Government; we saw a place for diversity in having schools of high standards both in the maintained sector and, where this was necessary to drive up standards, as academies, with the freedoms that academies have. I do not think that is the case here, and my concern, as I have voiced before, is that the different measures taken together in the Bill will actually enable an acceleration of academies simply by diktat when the Secretary of State closes schools. The schools that will replace those schools will by definition be academies, not maintained schools, so I still have concerns.

I saw the Minister and his officials nodding. It would be helpful if it were possible for him to write to me before Report with some idea of criteria and the circumstances in which these powers to close schools and reopen them as academies would be used, so that we could make a judgment on what is on the Government’s mind on this issue. With that, I beg leave to withdraw the amendment.

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Lord Lucas Portrait Lord Lucas
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My Lords, I found the speech of the noble Lord, Lord Low of Dalston, immensely persuasive. Bullying in schools has been a problem without a solution for a long time, as I am sure my noble friend Lord Elton would agree. It is very hard for a parent who has gone through the procedures outlined by my noble friend in his response to the noble Lord, Lord Low, and not achieved any success to be stuck in a position where their child continues to be bullied and there is nothing more that they can do about it. There is, in effect, nowhere else for them to turn. The experiment started by the previous Government of giving this responsibility to the Local Government Ombudsman must be worth pursuing and evaluating.

I have recent experience of trying out both the department and the ombudsman with a complaint, although not in this area. Someone who lived in Lambeth was referred to me because he had been unable to find a school place for his child. Lambeth had failed in its duty to the extent that, when this man went to the appeal tribunal for places at a couple of schools, Lambeth said, “You don’t need to bother. We’ve found him somewhere”, which turned out not to be true. Not only had Lambeth not found him somewhere but it destroyed the chance that he had of getting his child into a school. I have talked to the department about that. It has been perfectly courteous but ineffective. When I discovered that this was something that the Local Government Ombudsman could take up, I referred my contact to it and it has been wonderful. It immediately put someone on the case and gave him someone to talk to day to day. He feels totally cared for and supported. It is a completely different experience from dealing with a government department. That is no surprise; government departments are not set up to do this. I did not know that the Local Government Ombudsman was as good as this but it has clearly developed an extremely good service.

The other difficulty that I have come across recently is rather from the other side of the fence. I shall read something that was written to me by a local authority that was trying to deal with academies in its area:

“I am concerned that academies may not be complying in full with the provisions of the Pupil Registration Regulations. Some academies have withdrawn from Education Welfare Services, rather preferring to address matters of non attendance ‘in house’, however in certain circumstances they should, in accordance with the Pupil Registration Regulations, inform the Local Authority. For example, when a child has had 10 days or more continuous absence, and in other matters that are of concern to those in the Local Authority charged with safeguarding the welfare of children.

In addition, I would like to seek some clarity with regard to Free Schools and their obligations in keeping pupil registers, publishing attendance policies and advising other agencies when there appear to be concerns”.

Communication between schools and the welfare authorities is vital. If a local authority feels that a school may not be complying with its obligations, what is it supposed to do? Is it supposed to write to the Secretary of State, who is then supposed to chase individual academies? This is not the business of a government department, particularly when there is an agency that apparently does these things so well.

Home education is the other area in which I come across this. There are many people for whom home education is a choice. They prefer to look after their own children and educate them in their own way. However, there is also a large number of people who have been forced into it and have, particularly if their child has SEN, come to the end of their tether with the non-compliance of schools and local authorities in dealing with their children’s problems. To date there has been no good place for them to go. If the Local Government Ombudsman is to offer that sort of resource, it will be enormously appreciated. I could understand abandoning it because it had proved ineffective but to abandon it now is a great mistake.

Earl of Listowel Portrait The Earl of Listowel
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My Lords, the noble Lord, Lord Lucas, persuasively supports the persuasive case made by the noble Lord, Lord Low. I shall put two quick questions to the Minister. One concerns the admissions of looked-after children. I have been very grateful to him for the constant reassurance that these children will continue to feature at the top of the admissions criteria. However, who will enforce that duty on academies? Who will check that that happens, particularly in this case? I can see that there may be a virtue in this strong local ombudsman, who could take up cases of failure to meet this requirement.

Secondly, the noble Baroness, Lady Hughes, emphasised the value of local ombudsmen’s local knowledge. I join her in saying that I have great respect for the men and women of the Civil Service. However, there are tasks which they are very well suited to do and tasks which they may not be so well suited to do. Therefore, I ask my noble friend Lord Low whether he can produce a little more information about the professional background of local ombudsmen. Perhaps that is something that we can discuss outwith the Chamber.

I think, for example, about the success of the Youth Justice Board. In recent years, I have seen great improvements in an area where in the past there has been a lot of difficulty in dealing with children involved with the criminal justice system. The board consists of, for example, the director of the Children’s Society and a judge from a youth court. There is a great pool of expertise at the top of the organisation and it draws in experts throughout the organisation. There is a lot to be said for choosing experts as advocates, thereby improving outcomes for children. I look forward to the Minister’s response.

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Baroness Garden of Frognal Portrait Baroness Garden of Frognal
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My Lords, many schools provide high-quality early education provided by parents that is good for getting children ready for school. However, schools can currently effectively offer only the free entitlement—the 15 hours a week, 38 weeks a year—that all three and four year-old children are entitled to. This is because they cannot charge for extra early years education that they provide during school hours for three and four year-old pupils over and above the 15-hours’ free entitlement.

The previous Government took a power in the Childcare Act 2006 to make regulations enabling schools to charge for additional hours that they might wish to offer parents. The Bill, therefore, does not seek a power for schools to charge. It enables schools to reflect the costs of their provision in that charge. It is, in effect, a technical clause. It is about ensuring that charges for optional extras can include a proportion of building and accommodation costs and, for early years provision, the time of qualified teachers.

Why are we proposing this change? Because making school-based early years provision sustainable will create greater choice for parents about the type, quality and flexibility of early years provision that they can take up for their child. We want to enable parents to take up provision above their free entitlement in the maintained sector, if they wish to, as they already can in private, voluntary and independent providers.

Enabling schools to charge appropriately will help them to remain financially viable, but I stress that schools will not be permitted to make a profit from charging and will be able to charge only up to the costs of delivering the provision. I reassure the noble Baroness that that will of course be a reasonable charge and it must be within boundaries.

Furthermore, it will not be permissible in any way for schools to charge for early education that is part of the free entitlement, including—I reassure the noble Baroness on this point, too—the new entitlement for disadvantaged two year-olds, or for reception provision. The Government remain committed to reception classes being free, with full-time provision of 25 hours a week from the September after the child turns four. The noble Baroness referred to the letters from my noble friend the Minister of 21 June and 20 July, which we hope will have given her further reassurances on those points.

There is no ability for schools to charge for education during school hours for pupils of compulsory school age, and there is no ability for them to charge for hours provided to parents for free under the early years entitlement—a measure which the noble Baroness introduced and which we have extended in this Bill. We are committed to ensuring that reception provision is free, and there will be no ability to hold children up in nursery classes, as she feared. Through the Bill, we want to ensure that schools can charge for additional, optional provision in a way that enables them to cover their costs and provides greater choice of provision for the parent and a consistent and high-quality early education for the child.

If the noble Baroness raised other points which I have not covered, I will of course write to her, but I hope that, with those reassurances, she will feel happy to withdraw her objection to the clause standing part of the Bill.

Earl of Listowel Portrait The Earl of Listowel
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I thank the noble Baroness for raising this issue, as it has given us an opportunity to learn more about the Government’s intentions. I warmly welcome the purpose of the clause, which is to allow an extended offer of high-quality early years care in nurseries attached to schools. We all know how important high-quality early years care is in regard to outcomes for children, so this is welcome news. Particularly in nurseries attached to schools one finds a high level of stability in the staff, with turnover being only about 4 or 5 per cent, compared with in the region of 15 per cent in some day centres. That is also very welcome.

I also thank the noble Baroness and the Minister for their correspondence on early years, which I appreciated.

Clause 47 agreed.
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Lord Elton Portrait Lord Elton
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I ask my noble friend for a little footnote to history. In checking the affirmative order provided for in Clause 74(4), I see that, whereas we have only an affirmative procedure for statutory instruments affecting these changes, the Welsh have opted for their equivalent for the negative procedure. I wondered what the history to that was. I do not want an answer now but, if there is anything of interest in it, I should like to know what it is.

Earl of Listowel Portrait The Earl of Listowel
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I thank the Minister briefly for his clear recognition of what happens if we do not get this right: we have children whose parents have not been able to care for them properly, for whatever reason, feeling unwanted in their schools, being put in a place that they feel is like some sort of bin and then ending up in the secure estate. There is a great deal at stake here and getting it right is very complex. Some children benefit from a smaller environment.

One does not want all the worst children in one place; some of them need to be a bit healthier. The last time that I visited a pupil referral unit, there was a fire alarm and we all had to file out to stand outside. It was the third time that day that this had happened, and it was chaos. The staff were good but it was a very difficult environment to work in. I welcome the Minister’s action on this.

I am very pleased that Charlie Taylor, whom we have met and in whom we all have confidence, is taking charge in this area. I wonder whether any noble Lords might be interested in visiting a pupil referral unit with him soon to see what is going on. I certainly would be, and I will get in touch with him about that.

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Baroness Whitaker Portrait Baroness Whitaker
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My Lords, in following the noble Lord, Lord Avebury, on the amendment to which I have put my name, I wish to say how grateful I was to the Minister for rapidly arranging a meeting to amplify the points that he made in his letter to the noble Lord on 25 August. He and his team, in the person of Angela Overington, have been helpful in sending us again the current guidance to local authorities.

The amendment refers to vulnerable children of any kind, so I should make it clear that one group or another is not being singled out. The essential point of any guidance, and the reason why it should be mandatory, is that it must be specific about the different kinds of children who miss out on education and how differently to target them. Of course, as the noble Lord, Lord Avebury, said so tellingly, Gypsy and Traveller children are perhaps the most significant of such groups in terms of the extraordinarily high proportion who do not get to school in the first place, especially secondary school, and drop out or are excluded if they are there. As the Minister knows, the Children’s Commissioner is looking at Gypsy and Traveller children as part of her first inquiry into exclusion.

This apparently discriminatory outcome needs specific attention. As long ago as the Plowden report on primary education—is that over 40 years ago?—targeted measures in respect of Gypsy and Traveller children were called for, and they seem to come and go in fits and starts, which do not achieve an acceptable solution. I need hardly describe in this place the importance of school education for finding work, fitting into society and becoming useful, law-abiding citizens, quite apart from self-fulfilment. The Ofsted report, Children Missing from Education, published last August, suggested that local authorities struggle to track pupils who are out of school.

The rapidly disappearing Travellers Education Service had some success. In 1997 it was estimated that only 5 per cent of Gypsy and Traveller children stayed on for key stage 4. The figure now is closer to 50 per cent, but schools that are focused on “the importance of teaching”, which we all support, cannot reasonably be expected also to secure the inclusion of all marginalised children, some newly arrived, some unfamiliar with or fearful or mistrustful of education. If local authorities had the sort of safety-net responsibility that the amendment provides, schools would remain free to concentrate on their core business.

The Minister told us in his letter that local authorities have a statutory duty to ensure the education of some vulnerable children—those with SEN, looked-after children and children in need, which is now a developmental criterion. However, as the noble Lord, Lord Avebury, pointed out, there is no duty to tackle the missing education of all vulnerable children, which would include Gypsy and Traveller children and others not in the above three classes. The current statutory guidance has a few passing references to Gypsy and Traveller children. Among 26 groups of children who might miss out, it lists mobile children such as those of families in the Army or of Gypsies, Roma and Travellers. However, by no means all Gypsies, Roma and Travellers are mobile, especially Roma. There are some other reasons why Gypsy, Roma and Traveller children who do not live in caravans still do not get schooling.

Therefore, I hope that the Minister will accept this amendment and undertake that the accompanying guidance will define vulnerability so as to include Gypsies, Roma and Travellers as a specific group, as they are in law, and set out more developed measures to get them the education to which they have a right.

Earl of Listowel Portrait The Earl of Listowel
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My Lords, I support the amendment and pay tribute to the noble Baroness, Lady Whitaker, and the noble Lord, Lord Avebury, for their longstanding advocacy for Gypsy and Roma children. I recall the noble Lord tabling a debate on the education of Gypsy and Traveller children 10 years ago.

I am also reminded by this debate that I once taught a nine year-old Traveller boy. What really comes back to me is how enthusiastic and keen he was to be a part of the group and one of the boys. I imagine that many of these young boys and girls want to be a part of a group, and it is tragic that this opportunity to bring them into society is so often lost.

If I understood correctly what the noble Lord, Lord Avebury, said, I was concerned to hear that specialist services for these children may be being lost. Trust is very important. If these services have developed trust with those communities, it is very important to maintain that relationship.

There are also things that schools, if they are well informed, can do. For example, the special experience of Gypsy and Traveller children can be a bonus for the pupils generally. A boy from a Traveller community can talk about the involvement with animals or other activities that his community has and celebrate that with the other children. Alternatively, for example, a head teacher can involve the mother—it would usually be the mother—of a Gypsy or Traveller child. Even if she cannot write, she can help the child with his homework. The head teacher can ask the mother to put a sign by her son’s work to say that that boy sat quietly for half an hour to do his homework. That is her job and she can communicate that to the head teacher. Therefore, it is possible to engage with those parents. It is possible to think about these things in a very constructive way, and I hope that the Minister can give a positive response to the amendment.

Baroness Hughes of Stretford Portrait Baroness Hughes of Stretford
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Before the Minister speaks, perhaps I may ask whether he will address a particular point in his summing up. The point raised by my noble friend is very important in the light of the education system—or lack of an education system, if I may put it like that—that will arise if all the Government’s changes go through. The very important question is: who will be responsible for looking after the very small groups of children who are, by definition, not very visible because they are small in number but are none the less, for all kinds of reasons that noble Lords have identified, very disadvantaged when it comes to taking up opportunities for education? Given that local authorities will not have any locus in local areas if the Government’s objective of the majority of schools being academies and free schools comes to fruition, I should be grateful if, in responding, the Minister could say where responsibility will lie for looking at the achievement, or lack of it, of these small groups of children, working with schools in some way but without the power and leverage to do so. Who will ensure that schools do better by these very small groups of children? In the new world that the Government will take us into where academies are going to be everywhere and will not be focused on disadvantaged children, I cannot see where that responsibility will lie and where the leverage with individual schools to do better by these children will come from.

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Baroness Benjamin Portrait Baroness Benjamin
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In the Minister’s efforts to address this issue, could he please include parents? Parents are the key to the problem of these children not attending school. They are essential to making this successful. In my experience as a governor and a chair of governors of an academy where we had Gypsy and Roma children, the parents were the stumbling block. If you can get to them, part of this problem will be solved.

Earl of Listowel Portrait The Earl of Listowel
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My Lords, I thank the Minister for that encouraging reply. It is good to hear about the work that his department is undertaking. I think that I heard the noble Lord, Lord Avebury, talk about the demise of specialist Gypsy, Roma and Traveller education services. Maybe the Minister briefly said something about that at the end of his response but, I am sorry, I did not quite catch it. If he could clarify what is going on with those services, I would be grateful.

I apologise if I misled the Committee in any way by describing myself as “teaching” this boy. I was running workshops in a school environment. I am not a teacher; I should make that quite clear.

Lord Avebury Portrait Lord Avebury
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In answer to the noble Earl, Lord Listowel, the ring-fenced grant for the Travellers Education Service ceased in 2007, and the equivalent amount of money was made available in the general grant to local authorities for disadvantaged children as a whole. It was from that point onwards that local authorities started to see that there was money that they could use for other purposes and either made officials in the service redundant, in some cases, or did not replace them when they left. There has been a gradual process of running down that, as I said, if it is allowed to continue, will result in the complete disappearance of specific Traveller education services in a few years’ time.

What the noble Earl and my noble friend said about contact with parents is important. It was an essential feature of the Traveller education services; they managed to link the parents, the children and the schools, which is why they were effective. In the absence of these specialist services, I am afraid we will not have that advantage.

The noble Baroness, Lady Whitaker, also reinforced the point about mobile children. We are talking not simply about those who still live in caravans and are peripatetic—that is a declining number. What I was talking about when I defined what I hoped the Minister would pick up on—the term “mobile child”—was a child who enters at a point other than the beginning of an academic phase and is therefore potentially disadvantaged because he or she has not hitherto received education or has received it very intermittently. If we could add such children to the definitions that were specified in the Minister’s letter, it would go some way towards covering the children about whom we are particularly concerned.

However, I am grateful to the Minister for his reply. We acknowledge the benefits of the pupil premium, which will cover many of the GRT minority. We believe that the revision of the guidance on CME will be effective but we have not seen it yet. I am grateful to my noble friend for mentioning the work of the DfE’s stakeholder group, which has a meeting in the coming week at which I am sure we will want to discuss some of the matters that have been covered in today’s debate. We are in the course of responding to the department’s educational funding consultation. That will also have an impact on how we treat this group. I cannot promise that we will not return to this subject on Report. We have not dealt with all the matters that have been raised. Perhaps we shall cover some of them in the later debates, particularly on virtual schools, which have an important role to play here. However, for the time being, I beg leave to withdraw the amendment.