Schools Bill [HL]

Lord Addington Excerpts

Report stage & Lords Hansard - Part 1
Monday 18th July 2022 Lords Chamber

[Lord Addington (LD)]

My Lords, the Minister has done what in rugby they say happens to good players: they catch the bad ball. You catch the attention of the entire team and you get flattened, but the good players get up. I hope the Minister will be able to get up and report back that—and I have made this point to her many times—unless we have a realistic amount of time and structure within which to discuss the changes, we are not doing our job. It is as simple as that.

I would be slightly more flexible about having a whole new Committee stage, but only one day has been suggested. I asked the Minister at the time whether that meant one day of business that might be extended to three or four—we might have a better reading if we had that—but a process that would be effectively guillotined, or at least very condensed, fills me with nothing but dread. We have to make sure that we have enough time to discuss the changes, and if that meant another process coming through, I would be quite flexible and would encourage my noble friends to do the same. But one day of Committee, with 12, 20 or who knows how many more new clauses and a structure that we have not heard of yet—come on, that is not on.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, the only thing that stops me wholeheartedly agreeing with everything that previous speakers have said is the thought that we would have to go through this again.

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[Lord Knight of Weymouth (Lab)]

My Lords, in the absence of my noble friend Lord Hunt, who is in the Moses Room grappling with procurement, I will speak to his Amendment 79, to which I also put my name. It would require a local authority to have regard to the case of a SEND child and to listen to the wishes of the child and the parent around provision decisions; the information and support necessary to enable participation in those decisions should be present.

It is an important amendment, given that in so many of the cases that we have heard about where parents are anxious about the Bill’s measures in respect of home education, they are parents of children with some form of special educational need or disability. They have felt that their child’s needs are not being properly addressed in the maintained sector and have therefore chosen to home educate their children. It is important that there is some safeguard for that group in particular, so that the parents’ and child’s wishes are properly considered in the context of what we are trying to do in the Bill.

I also support Amendment 74, moved by the noble Lord, Lord Lucas. The amendment of the noble Baroness, Lady Garden, which I supported in Committee, makes an important case for support for sitting national examinations and the cost of doing so. By consequence, I support Amendment 78.

Finally, having listened carefully to the noble Lord, Lord Wei, on the previous grouping, and given the problem that the Local Government Ombudsman does not apply in the cases of parents of home-educated children, I think it is important that there is some kind of independent complaints service or ombudsman service. I shall be interested in the Minister’s response on how that independent voice to handle complaints about local authorities, with the diverse range of services that they might provide to support home-educating parents, might be provided.

[Lord Addington (LD)]

My Lords, it might be appropriate if I speak first to Amendment 76, which stands in my name and that of my noble friend. As the noble Lord, Lord Knight, just mentioned—and I thank him for his support—and as I think we have heard from around the Chamber, if you are dealing with a very rare condition, a teacher or the school cannot be expected to know everything about it.

What we expect teachers to deal with now has expanded. Special educational needs have been spoken about already, and we have a better understanding of them: it is not some fad or anything that is made up about various conditions. I refer the House to my declared interest in dyslexia; that is just one. All these conditions will be present in the classroom, and we now expect schools to deal with them. Expecting them to deal with every medical condition that might affect the way children should be taught is beyond the pale. Commonly occurring ones? Yes. The rest of them? No. There should be a duty on the school and the education authority to communicate and to take it on board when something else arises. That is quite straightforward.

Indeed, many of the amendments in this group are about establishing that supportive relationship between such bodies and home educators. I hope that we hear some supportive words from the Government on that, and on Amendment 84, in the name of my noble friend Lord Storey, which makes provision for some sort of co-ordination of support for those who are home educating, and a relationship. I am hopeful that the Minister will have something positive to say in this area. We need to support those who are, let us face it, at the most basic level, saving the public purse some money. If they are doing it properly, let us help them.

[Lord Wei (Con)]

My Lords, I will speak to my Amendment 118 and in support of Amendment 74. As I said before, I have real concerns. I accept the intentions of the Government as stated by my noble friend, and I hope that this summer will provide an opportunity to come up with independent appeals processes which are not operated just by local authorities or the Government. The current regime, where something like that is already in place, is clearly insufficient. Families are being left in the lurch—often, as I said, for a very long time.

I shall not speak for long. I have already spoken about my amendment in the previous debate, so others can refer to Hansard on that, but the principle is that we would have a voluntary, independent person who would serve as an adviser to local authorities where they want to investigate what is going on in home education, but also provide a mediation resource for families so that they do not have to resort to expensive and lengthy processes such as judicial reviews. I was speaking to some judges over lunch last week who said that there is a massive waiting list in the courts. Why should we add to that through the Bill? Instead, we should provide an independent means by which issues can be resolved, such as the one I described here in London and elsewhere.

That is why I tabled Amendment 118, but I support the idea captured in Amendment 74 that there should be recognition that home education itself is not a crime or anything negative; in fact, it is positive for society. I think the noble Lord, Lord Soley, would agree on that point, so let us make sure that those hard-working, hard-pressed officials who are trying to work with home educators truly understand that in law.

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[Lord Lucas (Con)]

My Lords, I have Amendment 82 in this group, asking that local authorities give reasons when they choose to deviate from guidance. I hope this will be dealt with in guidance rather than in the Bill, but it is important that both local authorities and home educators come to regard the guidance as something to which they can resort for support. Therefore, when local authorities need to go outside the guidance, as they may, that should be clearly explained.

I very much support the amendments that the noble Lord, Lord Hunt of Kings Heath, has proposed, in particular Amendment 81. It is important that there is a strong set of guidance around attendance. This is a change of structure for local authorities. They are taking on much more of a responsibility that was formerly shared with schools. We will need them to reach deeper into the reasons for non-attendance and to deploy other strengths that local authorities have to deal with those reasons, going well beyond the usual educational provision. To have a set of guidance that enables them to do that well and to have ways of sharing good experience will be really helpful. In the next group we come to the punitive side of this. We really ought to be strong in making sure that as few families as possible get tipped into that, and guidance seems to be a clear part of that.

I have one question on government Amendment 99, which applies to regulations passed

“before the end of the session of Parliament in which the Schools Act 2022 is passed.”

I wonder whether it should refer just to the first passing of the guidance. Given the extended timescale on this Bill and the consultations we hope to have, it may run beyond that. The Government are really saying that they do not want this to last for ever. It should cover the first issuing of regulations, whenever that may happen to occur, and we should not have to rush things just because we have this in the Bill. If it is passed next year, will it still be the Schools Act 2022 or will it be the Schools Act 2023?

[Lord Addington (LD)]

My Lords, I support the thrust of these amendments. They follow on from my noble friend Lady Brinton’s amendment on the fact that specialist guidance and help will be needed. The education sector is going into an area where it does not expect to have the expertise readily at hand. It may have to go and find it, and the parents are often the people who have done the finding. I hope that, when the Minister comes to answer, the Government will give us a little insight into how they expect to handle this process. We are talking about often very seldom-occurring incidents, which means that we cannot expect there to be group memory. These are incidents occurring not only infrequently but over long periods of time; certain combinations of events come through. Stress tends to trigger mental health incidents. If a child happens to have been failing at school, they and their parents will have more stress. It does not take a genius to take it to the next step. I hope the Minister will give us an idea of the Government’s thinking and how they are proposing to address these very real concerns.

[Lord Wei (Con)]

My Lords, I will speak to Amendment 119, and am generally supportive of a lot of the other amendments relating to mental health. Amendment 119 is conceived as a means to cut through what I believe will be quite a lot of court cases and judicial reviews. As we have discussed on this grouping, there will be instances in which local authorities make a judgment about home education, whether in the case of mental health or involving families with a particular faith or philosophy around education. My concern is that, even if the Government in their own impact report feel that they have satisfied all human rights obligations—bear in mind that concerns are raised in that report that Articles 8 and 9 will be intruded or infringed upon to some degree—how can we be so sure that the local official in the local authority has the expertise to make a judgment? In some cases, given the context or circumstances, they may go beyond what is right in terms of human rights. This may lead in turn to many judicial reviews. I believe that in the home education community there are already attempts to start raising the funds for such action. That will be costly for all concerned. It may delay for many years the implementation of what the Government are trying to do here, so I ask the Minister to look at this whole area.

A lot hinges on the composition of this consultation committee, review committee or implementation committee. In the interests of transparency, I would love to know the criteria for inviting those to join such a group and to have reassurance as to whether they will be preselected to be favourable towards the Government’s current views or will be genuinely independent members with genuine expertise in some of the really sensitive matters that will be dealt with as the Government seek to implement this.

I can tell from the House’s view that, from my point of view, this part of this campaign must come to an end. I will not seek to divide the House any further today, but I know that there will be many discussions in my party over the summer, whoever the two candidates for the Conservative Party leadership are. With all due respect, I believe this is not a Conservative Bill. Our party is about many things but really it is about letting people get on with their lives, and many aspects of the Bill currently do not make me feel that it is following that principle. I think many home educators will write to their MPs and come along to various hustings around the country to make that view known to those candidates. We should probably ask them what they think of this Bill so that we can get an early view as to what will happen to it in the autumn.

I would be pleased to know more from my noble friend the Minister how the guidance provided will be consulted on, including with those of us who have spoken in this debate. Clearly, a lot hinges and rides on that.

I will stop there, but I think my noble friend the Minister and the Government have heard strongly the views of many in this Chamber, including those such as me who do not believe the Bill is a great idea. It is now up to them to see if they can get it through the Commons and into statute and, in so doing, make sure they look after the welfare—as I believe they claim to do—of home educators up and down this country.

Schools Bill [HL]

Lord Addington Excerpts

Report stage & Lords Hansard - Part 1
Tuesday 12th July 2022 Lords Chamber

[Lord Knight of Weymouth (Lab)]

My Lords, I rise briefly to support the noble Lord, Lord Baker, in particular. The Minister listened carefully and that is why she agreed to remove the first 18 clauses of the Bill. That puts the House in a difficult position in allowing the Bill to go to the other place in its gutted, skeletal form. The suggestion of the noble Lord, Lord Baker, not to give the Bill a Third Reading gives us some time before next week, when we will be asked that question, to consider whether he is right.

I suggest that we proceed to Report now and have the debates for which noble Lords have been preparing. But we should take some time, within the usual channels and among ourselves, to decide whether the noble Lord, Lord Baker, is right and whether the Bill should have a Third Reading.

[Lord Addington (LD)]

My Lords, I will briefly speak to this. I agree with the points made by the noble Lord, Lord Knight. The Government have moved on this Bill; they have listened. They have given more than I have ever seen a Government give. It is possibly true that they had to. It is the worst Bill I have ever seen, but the Minister was described by one of my colleagues as the rock around which a raging department breaks. My noble friend Lord Shipley came up with that one, not me, so he gets the credit. I hope when the Minister replies that she gives some indication or guarantees of what we are going to get if we carry on with the planning. Things have moved on.

There is a nasty little internal fight going on behind the Minister. As much fun as it would be to wade in, it ain’t my fight. I hope the Minister can tell us what is going on. I have never seen another Bill that has got itself into this big a mess. I am not the longest-serving person here, but I am the longest-serving on my Benches. If nothing happens and the Bill is unacceptable at Third Reading, we can do something then, but let us hear what the Government have to say now. There has been a great deal of work done and a great many meetings. A lot of work is going on here. Grand gestures are great, but let us not get in the way of the work of the House.

[Lord Kennedy of Southwark (Lab Co-op)]

My Lords, as my noble friend Lord Knight said, we should proceed with Report. I am happy to have discussions with the Government Chief Whip, through the usual channels, between the end of Report and Third Reading, and we will see how we can move forward from there.

I am not sure whether this is the worst Bill; from our point of view, there is quite a long list. Some of the comments from the Government Benches were interesting. Some of the views expressed have been our views for many months or even years, but they seem to have all turned up in the last week. I am not going to get involved in some spat between people on the Government Benches, but I am happy to have that discussion with the Government Chief Whip between the end of Report and Third Reading on how we should proceed.

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[Baroness Barran (Con)]

I will respond briefly to my noble friend. On his first point, it will be agreed through the usual channels that sufficient time is given to debate the new clauses.

[Lord Addington (LD)]

When the Minister said “one day”, did she mean that, when we are dealing with the replacement clauses, we will have this process for all those replacement clauses? It may have been a slip of the tongue, or a hopeful Government Whip’s answer about how long we will take, but if it is for all those clauses then that slightly changes the tone of what is being said. Will the replacements we are getting be under these new arrangements?

[Baroness Barran (Con)]

My understanding is that we will have one day for the new clauses, which will be handled under what has been described to me as Committee-stage rules, and then the rest of the Bill will follow the normal ping-pong timings and time allocation.

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[Lord Addington (LD)]

My Lords, this group of amendments is basically a series of stand part debates and “Let’s get rid and start again”. As has been said, this is unprecedented. What comes in its place? Well, there is Amendment 5 from the noble Baroness, Lady Chapman. I am not sure it has my favourite tone and maybe it is too close to what came before, but it is certainly a sensible place to start a discussion. I am not sure I agree with every word of it, but it does not really matter. We are starting a process of discussion about the limits of government involvement in the day-to-day management of schools and the correct process by which to approach Parliament. The two sit together. These are two awfully big issues to be contained within one group. Occasionally, people will be drawn from one to the other—“What looks more exciting or sexier at the moment?”—and going back and down. However, I thank the Minister for listening on this point. It cannot have been easy.

I did ask the Minister whether she had figured out what she did in a previous life to end up getting this Bill. We do not know the answer to that one, but it might be quite entertaining to surmise. The fact is that the process has been unacceptable, as is the idea that a Government would take the power to actually run something. The noble Lord, Lord Baker, tells us that nobody has done it since 1870; I am pretty sure he is right. Nobody has been able to tell a school how to run in itself in minute detail—the framework, maybe, but not in minute detail. Academies were also supposed to be the great exemplar of “Let everything bloom”, or “Do your own thing”, and that is rather killed here. At least, that is my reading of it.

I thank the Government for what they have done; I am appalled that they had to do it. Will the Minister, when she gets back to us, give a little more guidance on what they think will replace it? They must have some idea. If we do not have some idea, and we do not extract it, we shall go round this course again. Indeed, it might be a case of leaving something in so that the Government have to come back to it. The amendment of the noble Baroness, Lady Chapman, would fulfil that purpose quite happily. We need some idea of where we are going; we are in a very odd place. I have not been here before, anyway. We need to know what is going on. Certain parts of the Bill have a degree of support, at least in principle, from around the House, but we need that little bit of structure about where we shall go next time.

Will the Minister take back to her honourable and noble friends the fact that this House has said that this is not the way forward, on any occasion? If the Bill had been a Commons starter, yes, we would have done it, but we would have been up all night fighting this tooth and nail. We might have had to give in in the end, but if the Government want to give up a month or two of legislative time, that we can give them. The debate about sitting hours and sitting up late would have become utterly irrelevant in that case, because we would have had to do it; as we might have to, indeed, when it comes to that one day of discussion on the Bill—if it is just one day. I do not particularly like staying up all night, but I am prepared to do it if I have to.

[Lord Grocott (Lab)]

My Lords, I say very briefly that amid the myriad arguments on this group and, indeed, throughout the Bill, there is, if it does not sound too pompous, a philosophical difference, to put it mildly, about academies and their role. I have to say I particularly like my noble friend Lord Hunt’s Amendment 1, with its

“strategic policy on parental and community engagement”,

and I very much like the proposed new clause in Amendment 5 from my noble friends on the Front Bench, particularly proposed new subsection (2)(b)(iii) and (iv), which refers to

“the duty to cooperate with the local authority in school admissions; the duty to cooperate with the local authority in school place planning”.

That seems to be where the divide is: whether you see these academies as part of the community and to a degree answerable to the community, with community involvement, or as islands, looking after their own interests and without any requirement to be part of the whole. We will no doubt have that debate in whatever time is allowed when the Bill comes back to us from the Commons—if it gets that far.

Schools Bill [HL]

Lord Addington Excerpts

Report stage & Lords Hansard - Part 2
Tuesday 12th July 2022 Lords Chamber

Secondly, the counsellor needs a good connection out to mental health services, when they hit something that is beyond their ken. In that context, I am quite encouraged by what the Office for Students announced recently about collaboration with the mental health services. By putting a budget in and saying “Here’s 15 million quid”, it seems to have got a level of collaboration that the health service had not been able to deliver in the 10 or 15 years it has been looking at this problem. I am a fan of the Office for Students as it is at the moment; I think it points the way. If the Government will combine a flow of funds with an insistence on research and the development of good practice, we might find something worthwhile in the direction of Amendment 63.

[Lord Addington (LD)]

My Lords, starting with Amendment 62, it was one of those amendment where I proved, once again, to myself that I could not be in two places at once and came in halfway through last time. It is one of those amendments where I am unhappy about the fact that it needed to be moved. It is a group of lobbies, effectively, coming together saying the system does not work and that we have not got round to fixing it. I know the Minister will tell me, when she replies, that there is a review looking into special educational needs at the moment, but will she take on board and feed back that we actually have a postcode lottery about where there is support and where there is not? There is no arguing about this: it just is. If it were possible to transform the circumstances from the good authorities to the bad ones, that would be fine and we would have much less of a problem.

Something else that the noble Lord, Lord Hunt, has picked up on is that, unless people have an EHC plan, the chances of their getting help are so much more reduced. When we passed the Children and Families Act 2014, we assumed there would be a gradated approach of support and the EHC plans would be reduced compared with the number of statements. This has not happened, because we have identified more problems. There was a gross underidentification—this much we do know—probably not in these particular groups because most people can spot if someone cannot hear or see, but with other problems it is more difficult. Without an EHC plan, it is a struggle, and if people fall behind, they have higher needs and they go to the lawyers. One thing that should be borne in mind with this amendment is that we are in an environment where one of the greatest growth departments in the legal profession is people dealing with the educational system to get support. That says, clearer than anything else I can think of, that there has been a failure. I was on the Committee of that Bill and I did not see it coming, but it has happened.

We need some indication of how better allocation of support will come. This is not a big argument about “Are they or aren’t they?” or whether we need a heavy diagnosis of things such as dyslexia, dyspraxia, attention deficit disorder or the rest of them. It is something that is comparatively easy to spot, so I would hope we can get some idea what the Government’s thinking is. I appreciate that the review is still going on, but if we can get some kind of idea of what they are thinking about on these conditions, it should take some of the pressure off.

My noble friend Lady Brinton’s amendment, once again, goes back to the Children and Families Act 2014 and is something of a no-brainer in my opinion. If someone with medical training such as a doctor—a specialist doctor, often—says “Don’t do it: it will be detrimental to their health or difficult” and then someone in the Department for Education says, “But we want to do something else”, I am sorry, but health comes first. Children cannot learn if they are unhealthy, or if they are struggling with their health or if they are worried about it. That much we have proven. It is essential that we bring into the Bill some way to give greater clarification that, when a medical need is identified, the school or education environment must react correctly—that is agreeing with it unless they have very good grounds. If noble Lords can think of some examples of where this would happen, or where a school might have that capacity, I am all ears.

On the general area of mental health, having talked about some of the other issues here in special educational needs et cetera, we know that stress enhances mental health conditions. Let us face it: schools now are expected to pass more, and Governments of all sides have encouraged that. Anybody struggling with that process is immediately under stress, so it is not that surprising if we are discovering that many more stresses or mental health conditions—and we do spot them now. We are looking for them and if you look for things, you find them.

If you want to find an environment where people have incredibly low attainment and very high mental health needs, look into a prison system: the scholars of the group will have left school at 14 and virtually none will have secondary education. That is often because they cannot cope with it or are not succeeding, or it may be because of their background. I might be going to the worst-case scenario early, but it hones minds on to these areas. We need to get in and spot this.

If some financial support is found here or from government generally, that may well help with money in the long term, because departments should work together. They find it incredibly difficult to do it because there are Chinese walls. Everybody says, “We’re going to have a committee that works together.” Two Ministers meet once in a blue moon, then forget about it and find another priority so as to avoid it; that is the experience many Ministers have described to me, not just in education or health. If we do not get some better way of giving some active support, we are going to miss these problems and they will become acute later on.

I look forward to hearing what the noble Baroness, Lady Penn, is going to say on this group, but these issues are ongoing. I would hope, on Amendment 107, that the Minister will simply tell us how it is to be better done. I understand that the others have a more complicated web of interaction, but I hope that we will get some positive guidance—or see the way that the Government’s minds are working, or were at least working a few weeks ago.

[Baroness Wilcox of Newport (Lab)]

My Lords, this is my first opportunity at the Dispatch Box after the vote we took last week on changing the hours of the House of Lords. I am so glad to see that all those people who were so clear about staying after the dinner break are here—not.

Good mental health is fundamental to be able to thrive in life. I spoke in Committee about the experience of growing up with a dearly loved mother who suffered so wretchedly from mental illness and the limiting effects it had upon her quality of life. She was extremely proud of my achievements but could never fully engage in them, due to the debilitating effects of her condition.

Current research shows that 50% of mental health problems are established by the age of 14 and that 75% are established by the age of 24. Young people in the UK today are dealing with high levels of stress, due to a variety of issues. The DfE’s annual report State of the Nation 2021 noted that reductions in average levels of well-being occurred most clearly in February 2021, when schools were closed to the majority of children, before recovering towards the end of the academic year.

In this context, we have therefore introduced two amendments. First, Amendment 114 would compel the Secretary of State, whoever he or she may be, to consult on the current provision in place to support children’s mental health and well-being in schools. Our second amendment, Amendment 115, would compel the Secretary of State to publish an annual report on: how the mental health of children in academies and maintained schools in England affects, and is affected by, their schooling; actions being taken by schools to improve pupil mental health; and the extent to which schools are working with local National Health Service and voluntary and community sector providers, as noted by the right reverend Prelate the Bishop of Durham.

I have previously drawn your Lordships’ attention to the fact that mental health is not mentioned in the Bill. We have debated over many days and have made—people who have been here for years tell me—gigantic changes to this Bill by comparison. We have debated school structures, while one in six of those aged between six and 16 have a probable mental health issue. This is a priority area for Labour. We would guarantee mental health treatment for all who need it within a month and hire at least 8,500 new mental health professionals. But a creaking National Health Service cannot do this alone.

The focus should be on prevention. Schools play a vital role in this area with a maintenance of general welfare and resilience throughout a child’s time in education, rather than acting only at times of crisis when it is too late. It is an acute crisis, and recognising that is an essential tool to learning and welfare. We need to intimately understand the drivers of the problem and give targeted support to tackle it. Both Labour amendments are urgently needed.

Schools Bill [HL]

Lord Addington Excerpts

Committee stage
Monday 27th June 2022 Lords Chamber

[Baroness Berridge (Con)]

My Lords, I rise to speak to Amendment 171 in my name. I am grateful to my noble friend the Minister and her officials for taking the time to meet with me.

Although I immediately concede that there may be drafting issues—in particular, the scenario that I am going to outline may not be dealt with as swiftly as it would need to be by the use of regulations—the amendment is a vehicle to explore with Her Majesty’s Government the legal powers that the Secretary of State has, or does not have, if there should be a failure of a building material within the school estate.

The estate comprises nearly 64,000 teaching blocks and its condition, as noble Lords have mentioned, is an issue that is beginning to be discussed more publicly. Many noble Lords spoke to the issue at Second Reading. While I know that my noble friend will not be able to comment on the recent alleged government leak to the media that some issues in the school estate pose a “threat to life”, there are a number of specific issues in the public domain. For example, reinforced autoclaved aerated concrete is found in hospitals in Norfolk and Suffolk; the BBC reported on it on 16 August 2021 and, when I checked, it had made the news again on 27 April 2022. It is a material also found in schools. In the news report from 2021, the NHS foundation trust was taking legal advice on potential liability for corporate manslaughter.

The question that I am asking Her Majesty’s Government to consider is whether the Secretary of State needs a legal power to be able to bring certain school buildings into their ownership or control—usually that would be by way of a power to direct—if there were a failure in such a building material. To try to avoid the risk of this sounding like a law examination paper, there are, I think, four brief steps to consider to get to the scenario where the Secretary of State might need such a power of direction. First, school buildings and virtually all land are not owned by the Secretary of State. Land and buildings are leased to the academy trust—in that scenario, from the landowner, usually the local authority, a diocesan trust, other charitable trusts, occasionally a university or FE college or, in a very small number of cases, from the DfE when it is a free school. The academy trust is, in law, the “responsible body” in charge of the land and buildings. For maintained schools, the responsible body is the local authority and, for maintained church schools, it is the relevant diocesan authority. Responsible bodies are legally responsible for the building.

Secondly, obviously, if there is a building material failure, it could be present in other school buildings. In such a situation, responsible bodies—here I must put on record the excellent capital team of the Department for Education—would of course spring into action. They would be inspecting, sending out surveyors and providing reassurance on the safety of buildings.

However, to move to step 3, if a responsible body says “No, we disagree with the Department for Education and the assessment of our buildings; we are closing them”, the DfE may maintain until the cows come home that the buildings are safe, but it is not the decision-maker.

Fourthly, noble Lords might say to me, “All these responsible bodies and schools are insured.” That is correct, but insurance or the DfE risk assurance protection are irrelevant to the liability that a responsible body, and possibly its trustees, might believe they face under the Health and Safety Executive powers or any criminal liability. The department of course faced similar issues to this when dealing with health and safety during Covid but, under the Coronavirus Act, the Secretary of State did have a power to direct a school to open or close. The political realities of using that power were another matter of course. That power to direct has gone.

I accept that the risk of this occurring is very low but, if it does materialise, there could again be disruption to the education of hundreds, if not thousands, of pupils. I believe this is a legal question that parents and schools should know has been considered in your Lordships’ House if, God forbid, this eventuality ever arises—even if the DfE says to noble Lords, “No, we do not want such a power to direct the ownership or control of school buildings to the department.”

When one of noble Lords’ main criticisms of this Bill is the scope of the powers that the Secretary of State is taking in Part 1, it would be ironic if, by way of this amendment, I have discovered the only power that the Secretary of State does not think he wants. While I appreciate that my noble friend the Minister might not have an answer today, I reserve the right to bring back this important issue on Report.

[Lord Addington (LD)]

My Lords, I apologise to the noble Lords, Lord Aberdare and Lord Moynihan, and to the noble Baroness, Lady Grey-Thompson, for having on two occasions said that I must sign an amendment and then failing to do it. I must also declare an interest here; although young people may fall down occasionally, it is usually older, occasional sportsmen who do so, and I am certainly in that category.

As was mentioned before, many sporting facilities are on school grounds. If we want people playing sport, and playing it as safely as possible, we should really make sure that, at the very least, school sports grounds—which have more structure and over which we have more control—have access to defib. It is a pretty common practice now. Most people say that, if you follow the instructions, you will be able to use it correctly, although extra training cannot hurt. Indeed, it sounds like the noble Lord, Lord Aberdare, is a man to be beside when you are under any stress at all if he has the thing with him. If we can put something in the Bill that says we will have better coverage of defib capacity and some training on how to use it, or at least make it more common, that will be a definite step forward.

I live in a village designed for horseracing, and on the high street there is a nice big yellow defibrillator, because if people fall off horses and get injured, defib might be required. This is something we can do easily and in a straightforward manner that will make people’s lives that little bit safer. I recommend that we embrace this and go forward with it, if not in this exact form then, I hope, something very like it.

I will briefly cast my eye over the other two amendments in this group. On the amendment of the noble Baroness, Lady Chapman, I like the idea in proposed new paragraph (b) of having a list, including sports fields, to make sure that we know how they are doing. I have a Private Member’s Bill that puts a little more emphasis on this, so possibly I am biased.

I do not have to tell the noble Baroness who will be responding for the Government just how important is the capacity of computers to help many people in their educational process, and making sure they are up to date. These are two good examples of why the idea within the amendment should probably be brought further forward. It would be a good thing.

As for the noble Baroness, Lady Berridge, I had not really considered what she has brought forward but it does sound sensible. I look forward to hearing the answer. It occurs to me that there is a certain degree of irony here; we often argue against overregulation, but this sounds like one they have missed that might be very useful.

[Lord Storey (LD)]

My Lords, we support all three amendments in this group. I declare my interest as vice-president of the Local Government Association.

I start by telling the Committee that every single school on Merseyside has a defibrillator. Why? As we have heard, at the school that my daughter attended at the time, a young boy called Oliver King had a tragic sudden cardiac arrest in the swimming pool and died. As noble Lords can imagine, the school was grief-stricken; the pupils and the staff needed counselling. However, from that awful tragedy something wonderful happened, in that Mark King established a charity in his son’s name, the Oliver King Foundation, with the simple aim of putting a defibrillator in every school on Merseyside. As noble Lords can imagine, the community rallied round—the local press, benefactors, et cetera—and it happened. As we have heard from other noble Lords, Mark has continued his mission, not just for Merseyside but for schools throughout the UK. He was a frequent visitor to Parliament, trying to encourage MPs and Peers to get behind his campaign. I have to single out former Education Minister, the noble Lord, Lord Nash, for whom I managed to arrange meetings with Mark King. The noble Lord had planned to celebrate, so that when we reached the target of, say, 1,000 defibrillators in schools, we would have a party. Unfortunately, the noble Lord, Lord Nash, was reshuffled, or decided to leave, and that never happened, but he was very helpful and supportive in that campaign.

I mention that it is not going to be expensive, as the noble Lord, Lord Aberdare, rightly said. We are not allowed to use props or visual aids in the Chamber, but an Australian and a Canadian—noble Lords have probably met them as well—have come up with something, because most cardiac arrests actually happen in the home. They do not happen in public places, at schools or sporting events; most happen in the home and it is too expensive to spend several thousand pounds to have a defibrillator in your house unless you are very wealthy. These two people—one is an inventor and the other a salesperson—have invented a defibrillator which is about the size of a notebook. They are very simple to use and they cost, I think, just under £200. If you cannot afford that, there is a monthly subscription of a few pounds, and there is no reason why everybody should not have one in their home. For those who cannot afford one, there should be some mechanism of support. I gave mine to my noble friend Lady Walmsley and she promised me she would show it to the Health Minister. Maybe she will show it to the noble Baroness, Lady Barran, as well, or I will get it back off my noble friend. It is a real way forward.

I agree with the noble Lord, Lord Aberdare, when he rightly says that this is about protecting young lives. There are various other things we can do. Defibrillators should be available in every school, but so too, for example, should an EpiPen—it should be mandatory for every school to have one. Again, the noble Lord, Lord Aberdare, puts his finger on it when he says that every school should include first aid training as part of its curriculum. It does not take long. There is a gap when year 6 pupils have finished their SATs and are kicking their heels before they go to secondary school. That is an ideal time to do first aid training. It could be four or five sessions, and St John Ambulance or the Red Cross are only too willing to help out. There are wonderful schemes whereby they can provide lesson notes and all the rest.

Similarly, another area that should be mandated—by the way, I have a Private Member’s Bill on this—is water safety. We could prevent young people drowning if people knew proper water safety. This is about preserving lives, so it is hugely important. I am sorry that I have repeated the points that others have made.

The amendments on school buildings are absolutely right. At Second Reading I mentioned the internal memos, which the Minister will know about, outlining real concerns about the safety of our school buildings. This has gone on for a while—the coalition time was mentioned; I am not sure if that is true but perhaps it is. Of course, the Building Schools for the Future programme was excellent, but many of the buildings were very shoddily built and had a life expectancy of 20 or 25 years. Never mind the whole business of PFIs and whether they were good value for money—we will not go there—but I know from personal experience that many of the buildings, certainly the ones I have seen, are quite shoddy in my opinion; they are well past their proper use. These two amendments are hugely important and I hope that, between now and Report, we can look at them carefully and see what support we can give.

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[Baroness Whitaker (Lab)]

My Lords, I add my support for Amendments 171J and 171K in the names of my noble friends Lord Watson of Invergowrie and Lady Blower.

As a vice-chair of the All-Party Parliamentary Group on Speech and Language Difficulties, patron of the British Stammering Association and a stammerer myself, I emphasise the importance of fluency for all aspects of education. My noble friends’ amendments would raise the profile of the subject and lodge it more decisively in schools’ responsibilities, to the benefit of the very many children who suffer from speech and language defects. That is apart from the fact that oracy development has been generally underestimated as a life skill in the maintained system, as my noble friend Lord Watson so eloquently set out.

Now that we are at the end of Committee, I will not detain your Lordships with a detailed explanation of Amendments 171N to 171Q in my name and that of the noble Baroness, Lady Brinton, for whose expert and committed support I am most grateful—they are self-explanatory. They are there because current anti-bullying policies are simply not achieving the eradication of bullying in school cultures, with all its damaging effects on well-being, mental health and education itself.

Bullying is particularly harmful when it is on the basis of an attribute which is part of the child’s identity—a protected characteristic such as race, for example—and so we have focused on that, as a means of reinforcing the public sector equality duty. Bullying is ascribed as the cause of a large proportion of the drop-out from secondary school of Gypsy, Traveller and Roma children, among others, although there is a regrettable absence of targeted data. It is relevant that 76% of Gypsy, Traveller and Roma children surveyed felt a need to hide their identity. That is a shameful admission.

Many anecdotes testify to inaction on the part of teachers when faced with complaints of bullying. In some cases, they may simply not know what to do. I draw the Committee’s attention to a letter from the chair of the Education Select Committee, Robert Halfon MP, to the Minister for School Standards, where he says:

“witnesses repeatedly raised incidents of bullying and racism faced by children, from both their peers and teachers. Many ethnic minority groups experience bullying, including Gypsy, Roma and Traveller pupils however, there are no official statistics which break these cases down by ethnicity. We believe that, to understand the scale of the issue and the impact it has upon educational outcomes, local authorities should work with schools to better understand the extent of the problem”.

Incidentally, how surprised and disappointed would Robert Halfon be to see a Report stage of the Bill ahead of the regulatory review? Following the Select Committee, we think the incidence of bullying must be made more salient in local authority records, with a register of incidents and necessary information about them. Our amendments also require parents to be fully informed, if the child consents, soon after the incident. We think the prevalence of bullying in local authority areas must be made known to the Secretary of State, so that remedial action can be taken if this violence against children is getting out of control. These amendments would go far to really make bullying on the grounds of identity unacceptable, and I hope the Minister will agree.

[Lord Addington (LD)]

My Lords, I will say a few brief words on these amendments. The noble Lord, Lord Watson, undersold the point he is making slightly, because for many people the disparity between verbal skills and written skills is actually a sign of special educational needs. Dyslexia is the classic example of this, and often dyspraxia as well. It is also the coping mechanism—the primary coping mechanism—by which people handle this. I put my hand up as an example of that. If people can explain their case verbally, they stand a chance of getting some form of accommodation on a casual basis. If you have the ability to come forward and explain yourself to a new teacher in a classroom—this was drummed into me from an early age—the teacher then has the chance of making some response that is appropriate. If you are terrified of doing this, or not told how to do so, then you have another problem. The ability to talk coherently is incredibly important, as it underpins just about everything else that goes through.

I know this is not exactly what the noble Lord was driving at, given the tone of all the discussion so far, but I hope that when the Minister responds she will have some idea of how disparities between expected verbal communication are going to figure in the Government’s thinking when it comes to things such as the new version of special educational needs. The Government must have a little guidance on this already. I know they are having a review; there must be some undertaking of what is going to happen. The interventions we have spoken about, with a speech and language facility and support, are incredibly important, because the whole thing is underpinned by the ability to talk. Very few people master good written language if they cannot at least talk coherently. Can the Minister give us some idea of how they are planning to bring these two together? If they do not, they are missing a trick, and also the identification of a need that is very important for dealing with many problems in our education system.

[Lord Storey (LD)]

These amendments are hugely important. There is a rhyme, is there not?

“Sticks and stones may hurt my bones, but words can never harm me.”


But how wrong that is. Words are very harmful and are often used by bullies. However, it is not just the person being bullied who needs support; it is also the bully themselves. Many of the bullies have real problems, and we must not forget that.

Secondly, we have made tremendous strides on bullying issues at schools. I pay tribute to the work that schools have done over the past decade or so on the issue of bullying there. I was quite shocked when my noble friend Lady Brinton said that many—or some— schools still do not have anti-bullying policies, as I thought they were a requirement. I thought that this was one of the things Ofsted looks at when it inspects schools, particularly for safeguarding reasons. My noble friend Lord Addington is absolutely right that it should be part of teacher training—it is not because of time constraints—as dealing with incidents of bullying is quite a complex issue. Teachers need to feel supported and equipped to be able to deal with it.

I thank the noble Lord, Lord Watson, for putting down his probing amendment on oracy in schools. I think that we have forgotten the importance of oracy or the spoken word. I always remember my education tutor saying to us that the three most important things for developing children in the early years were good toilet training, play, and talking and speaking. Our national curriculum and SATs do not give teachers the time and space they should have to develop the spoken word.

Many schools do things as part of the school day. Remember how we used to have children reading aloud? When I go into schools, if you suggest that children should read aloud, people look at you as though you are a bit barmy. We should go back to some of those practices, such as school class assemblies where children can perform and talk in front of their peers; school drama productions are really good for that too. There is a whole list of things we can do but, looking back, I just get the feeling that we were so focused on the literacy hour and all its ingredients that the spoken word—oracy—was somehow sidelined and lost. No doubt the Minister will give us chapter and verse in her reply about all the things we are doing but I want all those things to happen in every school; I get the feeling that that is not the case.

To reiterate what the noble Lord, Lord Watson, said, there are four things. We want to raise the status and priority of spoken language in education. We want to equip teachers in schools to develop their students’ spoken language. We want to make children’s spoken language a key pillar of education recovery after Covid, which we will hear about in a minute. We want to ensure that children with speech, language and communication needs are adequately supported, as in the point that my noble friend Lady Brinton made.

Disabled Children: Support Services

Lord Addington Excerpts

Thursday 23rd June 2022 Lords Chamber

[Baroness Barran (Con)]

My noble friend rightly points to the gap in outcomes for children with special educational needs and disabilities. He will be aware of the proposals we set out in the schools White Paper, with the aim that 90% of children should leave primary school with the required standard in reading, writing and maths. That can happen only if children with special educational needs see much better outcomes. That is behind the commitment that we set out in the Green Paper, but also the financial commitments we have made in terms of capital and revenue for those children.

[Lord Addington (LD)]

Does the Minister agree—I think she has—that the current system is overly legally confrontational and has primarily benefited lawyers? Having said that, what is the Minister going to do to make sure that those with low frequency problems or high needs—by definition there are few places that can support them—can travel in the new regime or have their needs met by people coming to them? That is a real problem for a very few and one that the Government must deal with if they are to get this right.

[Baroness Barran (Con)]

I absolutely agree that the system is overly confrontational. I cannot comment on the benefits to lawyers, being surrounded by so many of them. Parents tell us that it is overly confrontational. The noble Lord makes a good point. It will be important, and I invite the noble Lord to hold us to account on how we address those issues when we report back on the Green Paper.

Schools Bill [HL]

Lord Addington Excerpts

Committee stage
Wednesday 22nd June 2022 Lords Chamber

I like these amendments because we need to say to local authorities, if there is to be an intervention, that they should not have an implicit presumption that there is something dodgy about children not being in school and being educated outside a school setting. There is no law against that at the moment. The reality is that nobody has a right to schooling. The law does not say that you have to be schooled; it says that you have to be educated. The majority do so through schools, but not everybody does and, as far as I know, the law is not trying to change that. We assume that this is part and parcel of a free society; it is a choice that people have. However, if we keep talking about bad actors and abuse whenever we discuss it, it is not surprising that those who choose to educate their children outside school are anxious about what the Bill is trying to do.

[Lord Addington (LD)]

My Lords, I shall come in briefly on this because I did not put my name to my noble friend’s amendment on examinations. I am sorry to go back to a smaller point, but one thing that happens in education is that you usually need a certificate to carry on. It is your pathway to the next step. I have not been deaf to what has been said about the rights of home education but, to go back to one of the building blocks of our system, to gain access to the next stage of education, training or employment, you generally need the examination that proves you have done it. It does not prove much else; it just proves you have been through the process and reached a certain point. I hope the state will allow and support people to get the proof that says they have done the work to get through. If you do not have it, everything shuts down suddenly. You cannot do much else; it does not matter if you can quote Shakespeare fluently, you have still failed English if you do not have the qualification.

Think also about the home-schooling groups who have special educational needs, such as some of the groups I have met. They will sometimes need help and structure to be able to take that exam. It will be important to have some form of interaction around that; it is an important point in their process. The Government have been very keen on testing whether education is successful, usually using examination results, so if home education is to do anything, it needs that to go through.

I cannot resist making a comment about my noble friend Lord Shipley’s statement about having “expedient” in a Bill and not defining how it is used. If you wanted to cause trouble—I suspect somebody in the department was having a bad day when they drafted this—that was an excellent way of doing it; I congratulate them. Unless we get some clarification, and realise that we are trying to make sure that those who are doing things well are supported and those who are doing things badly are identified and stopped if necessary, we are going to have carnage when we come to Report.

[Lord Young of Norwood Green (Lab)]

My Lords, I support the principle of the amendment in the name of the noble Lord, Lord Lucas, that there should be a right of appeal, but some of the language was not helpful. He constantly used the word “punitive” if any local authority intervenes in any way. As my noble friend Lord Soley said, this is a difficult balancing act to get right, and we have to be careful of the language that we use.

I know—to reassure the noble Lord, Lord Wei—of plenty of people, friends of mine, who are really good home educators. They have a different approach, and I do not think anyone would be opposed to that. They are not the people who worry me. As my noble friend Lady Whitaker said, we have a lot of experience in this area; there are unfortunately others who do not.

This House has a duty to do two things: to ensure that the legislation is fair and capable of not penalising people who understandably prefer their children to be home educated; but we also have a responsibility to protect those children, as children do have rights. I profoundly disagree with the noble Baroness, Lady Fox—of course children have rights. We cannot absolve ourselves of that responsibility.

It is a difficult one for the Government—they cannot duck it. I started to look up whether “expedient” was the right word, but that is not what concerns me. I am concerned that while there is a right for people to home educate their children, provided they act responsibly, there is nothing wrong with local authorities having a list and being able to assure themselves that it is taking place in an appropriate manner. It should not be seen as punitive—I agree with that—but it does not absolve them from asking some questions. I agree with my noble friend Lord Soley that a child has to be seen. I have had personal experience of cases where parents have deliberately tried to ensure that the children were not seen. These are real threats to children. We have a responsibility to protect them and to ensure that the way Government monitor home education is fair. On balance, I support the right of appeal. I look forward to the Minister’s response.

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However, there is a principle that underpins this: by electing to home educate, parents accept full responsibility for their child’s education and the costs associated with this, including exam fees. There will not be a legal requirement for local authorities to provide specific funding to home-educated pupils for examination fees as part of the support duty, but it would be one way they could choose to discharge the duty.

[Lord Addington (LD)]

Before the noble Baroness finishes that point, if somebody has special educational needs—we had an example from my noble friend Lord Storey—and they are still interacting with the education system to an extent, would they still get that support despite the fact they are home educated? I appreciate that it is a difficult interchange—I probably did not declare my interests properly before—but could we get an example? The primary problem with this is the fact that home educators are a very broad church.

[Baroness Barran (Con)]

So, as the noble Lord knows extremely well, is the spectrum of educational needs. I know that one is not allowed to have props in the Chamber, but I commend to the noble Lord the flowchart at the back of the policy notes on this part of the Bill. It sets out the process, including where a child has special educational needs. I think it is easier to follow than me trying to explain at the Dispatch Box.

Turning to Amendment 130A from my noble friend Lord Lucas, individuals already have the right to ask local authorities for copies of their personal information and inquire how they are using it by submitting a subject access request. A parent can demand that inaccurate information is corrected, and if the local authority fails to do so, the parent can complain to the Information Commissioner, who has significant enforcement powers.

Turning to Amendment 134A, I repeat that it is not possible for fines or penalty notices to be given to parents for failing to provide information for the registers and the Bill does not provide for that, but if parents fail to demonstrate that their child is receiving a suitable education, it is right that the local authority begin the process of issuing a school attendance order. If the parent is unable to evidence that the education they are providing is suitable, the process will lead to an order being issued. If the parent then breaches the order, they may be fined by the magistrates’ court. On collecting and publishing data on this, the Bill already provides flexibility to require this through regulations.

I now turn to Amendments 136ZA, 136B, 136C, 137B, 138ZA, 138A, 139 and 140, from my noble friend Lord Lucas, the noble Baroness, Lady Garden, and the noble Lord, Lord Shipley. My department’s guidance for local authorities highlights that the authority should initially attempt to resolve doubts through informal inquiries.

The noble Lord raised the point of expediency, and I am grateful, because I absolutely understand why, and why it sounds anything other than what one might expect. The current test for issuing a school attendance order is that the child is not receiving a suitable education, in the opinion of the local authority and, as the noble Lord said, that it would be expedient for the child to attend school. That is the test contained in the existing Section 437 of the Education Act 1996, and new Section 436J mirrors that test, so this will keep the test for issuing a school attendance order the same in both England and Wales. I again point the noble Lord to my favourite flowchart, from which he will see that, prior to issuing a school attendance order, there needs to be a preliminary notice, which is covered at new Section 436I(3)(c), where it says that one of the conditions for issuing a preliminary notice is:

“the child is not receiving suitable education, either by regular attendance at school or otherwise”.

I absolutely understand his question, but I hope I have reassured him and the House that, while it may appear to be one thing, it is covered absolutely properly in the legislation dating from the 1996 Act. The current law, supported by guidance, requires that local authorities take all relevant factors into account when considering whether it is expedient for a child to attend school, and that includes where the child has expressed an opinion about attending school—the voice of the child was something that a number of your Lordships raised.

Local authorities should have the in-house expertise to make these decisions, but if they do not, they can and should consult a suitably qualified external expert. We will make this clear in our guidance. It is crucial that the time a child is in receipt of unsuitable education is minimised, and therefore it is right that local authorities move to initiate formal school attendance order procedures as soon as possible where home education appears unsuitable. The noble Lord, Lord Storey, rightly mentioned the work of many charities; we may be thinking about the same ones. If he goes back to the schools White Paper, he will see that our approach on attendance is: support first, support second, support third, with enforcement very much down the line. We are working with a number of charities which are leaders in this field.

Amendment 143B from my noble friend Lord Lucas is unnecessary, because if local authorities were to refuse to revoke a school attendance order on an unreasonable basis, that refusal would in itself be unlawful.

My noble friend’s Amendment 143F would mean that if a parent was found guilty of breaching a school attendance order and continued to breach it, the local authority could take no further action to enforce it: it would have to restart the process and make a new order. That would obviously be a waste of public resources, but, more significantly, would add to an already lengthy timeframe in which a child may be in receipt of an unsuitable education. I should be very happy to follow up with my noble friend on the specific example he gave, where that home education may have changed, to check that we have that very reasonable point covered.

Finally, I speak to Amendment 143I, also tabled by my noble friend and the noble Baroness, Lady Whitaker. A breach of a school attendance order is currently punishable by a fine of up to £1,000, compared to a maximum fine of £2,500, or up to three months’ imprisonment, for the offence of knowingly failing to cause a child to attend the school at which they are registered. This means that there is currently an incentive for some parents to remove their child from school under the guise of home education rather than incur the greater penalty associated with non-attendance. By aligning the penalties, we can increase the deterrent and help ensure that as many children as possible are in receipt of a suitable education.

The noble Baronesses, Lady Whitaker and Lady Brinton, asked about the change in custodial sentence. Wider criminal justice legislation, which has not yet come into force, will raise sentences in magistrates’ courts from three months to 51 weeks. New Section 436Q is simply in line with that wider change, and until it comes into force, the maximum sentence under new Section 436Q will remain at three months, as set out in subsection (9). The noble Baroness, Lady Brinton, also raised the issue of publication of individual data, and I am happy to repeat that we are taking that away to consider it.

I hope that I have answered the bulk of the points raised in this group and I ask my noble friend to withdraw his Amendment 112A—

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[Baroness Garden of Frognal (LD)]

It is a great pleasure to follow the right reverend Prelate the Bishop of Blackburn, and I absolutely agree with everything he has just said. I rise to speak to Amendments 116, 118, 125 and 126 in my name. I tabled these amendments on behalf of home educators. There are quite a lot of them so I crave your Lordships’ indulgence.

As we have heard from the right reverend Prelate and the noble Baroness, Lady Brinton, the first two refer to wishing to lengthen the relevant period in a number of different situations. My amendments lengthen from 15 to 28 days the period in which parents are required to comply with duties imposed by local authorities, but I would be happy to go along with the 30 days in the other amendments. Parents would argue that they may need time to consult, possibly obtain legal advice or, at the very least, consider all the implications, and 28 or 30 days is a much more reasonable timeframe for that than 15.

Amendment 125 finds itself in this group. It seeks to ensure that the less structured but enormously beneficial forest schools and farm schools are not overlooked. Both teach a great deal to pupils and get them out in the open, with fresh air and acquiring a new understanding of natural surroundings, animals, crops and all the other invaluable work of farms. My daughter teaches four year-olds, who really love their forest school lessons. It is some of the most pleasurable and productive learning they achieve. It is particularly beneficial for town and disadvantaged children, who may never have walked through woods or seen a cow.

Amendment 126 ensures that someone who has made strenuous efforts to provide information should not be penalised if the information is deemed inadequate. People can do only their best, and we would not wish to see parents fined for matters that were not their fault.

[Lord Addington (LD)]

My Lords, I will speak briefly to Amendment 129. I put my name to this because I saw it and said, “Yes, this is right”. What level of support are you going to give to a certain group with special educational needs, particularly if they do not have the plan? Anyone who has looked at special educational needs knows that there is a great struggle to get the plan. We have a bureaucratic legal system in which whether you get it often depends on the lawyer you have employed. I know that this was not the original intention of the Bill, because I did it. Going through this process, there was supposed to be something called a graduated approach involved. Can we have some indication of what the Government feel the process will be in future? I assume that the new review of special educational needs will come up with something that is an improvement.

The law of unintended consequences, or the cock-up theory of history, means that we have a mess in special educational needs at the moment. I do not think anybody seriously disputes that, but I hope that in future we will not be so dependent on the plan, the statement mark 2, the gold star tattooed on the back of your neck or whichever way you identify special educational needs; you will not be as determined on the higher classification. Many people are getting the plan now because they are not getting any support, their education is deteriorating and they are suddenly finding themselves in the higher-needs group.

I did the Bill and the noble Baroness did not, so maybe this fault falls more on me than on her, but that is the state of affairs at the moment. Some indication that the Government will intervene before they get to this crucial point would be very reassuring, at least with regard to their thinking and lines of progression on this. It is not happening at the moment, and some assurance that it will happen in future, or at least that the Government plan for it to happen in future, would make life a little easier.

[Lord Storey (LD)]

I was slightly diverted there. I am going to be very brief. I am diverted because—is Amendment 123 in this group? Yes, it is.

I will perhaps ask the Minister a question. Any teacher who is teaching children in a school has to have disclosure and barring clearance. Regarding the practice—and I do not complain about this—where some home educators use teachers either to teach their own children, not all the time but occasionally, and maybe a group of children, presumably those teachers have to also have safeguarding qualifications. What I am trying to say in this amendment is that there are cases—and this actually was raised with me by some home educators—where, for example, and I think this is very good practice, the children will meet other adults who are not qualified teachers but have particular expertise in a particular area to instruct or teach their children. What this amendment seeks is to ensure that those adults also have safeguarding clearance. I do not know what the current situation is on that.

I also want to respond to the point in Amendment 129, which my noble friend Lord Addington signed. This is the issue which I still struggle with. For those pupils who are permanently excluded from school—and in the vast majority of cases they are young people with special educational needs—if there is not a pupil referral unit on the site of the school, they get moved to an alternative provider. As we have discussed, I think in Written and Oral Questions, many local authorities, often because there is a shortage of places or because they have not got the money, look for the cheapest provider. I had a meeting yesterday with Ofsted, which told me—I was absolutely horrified by this—that one unregistered provider charges £50 a day plus taxi fares, including the £50, almost just to look after that child. That child could have special educational needs, so this cannot be allowed to go on. We need to take a firm hand. I am sort of having a second go at this, because I was chairing the session today at the All-Party Parliamentary Group for Education. The Minister on special educational needs spoke about this and I was very reassured, but hoped I could be reassured from our Minister on this issue as well. Other than that, that is all I want to say.

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However, this should be caveated by the fact that our clauses in the Bill would give the local authority a duty to provide some support if the child is registered on the children not in school register, which could include special educational needs support. As I said earlier, this would be at the request of parents and not imposed.

[Lord Addington (LD)]

That was fairly helpful, but we are now overly dependent on the plans; I do not think there is any doubt about that. The Government are effectively saying that an identified need which is either not severe or has not yet gone through the process would still give some form of obligation, recognition and an entitlement to support in certain circumstances.

[Baroness Barran (Con)]

Under the changes proposed in the Bill—if I understood the noble Lord correctly.

I turn to Amendment 173 from my noble friend Lord Lucas. We would like the system of registration to be implemented as soon as possible to—I hope—reassure those parents who are doing a great job supporting their children at home. It will offer support to those parents who are struggling to provide education to their children at home, help safeguard those children who may be more vulnerable and not in school, and allow local authorities to better target their resources to those families who want or need support. We will take sufficient time prior to the registration system coming into force to ensure the registers work for everyone and that local authorities are clear on their support duty. Therefore, we do not feel it is helpful to set a strict implementation plan for the new support duty in the Bill.

The noble Lord, Lord Storey, raised Amendment 123. I hope he will be reassured that it is already a criminal offence knowingly to recruit someone to work in a regulated activity with children who has been barred from working with children.

The noble Baroness, Lady Garden, and my noble friend Lord Lucas brought forward Amendments 122C, 125 and 126A. A threshold set out in regulations will ensure that the duty to provide information targets only those providers that are used for a substantial proportion of a child’s education. I was not altogether surprised that the noble Lord, Lord Storey, raised the issue of unregulated alternative provision. I know we are going to be debating it in more detail in a subsequent group, so I hope I can save my remarks on that for later.

There is also a power in new Section 436E(6) to make regulations creating specific exemptions to the requirement for providers to provide information, which could be used to exclude certain settings from scope. We will continue to engage with stakeholders on this. However, where providers are eligible, the duty will be vital in aiding identification of eligible children and ensuring the registration system is effective in safeguarding them from harm and promoting their education.

My noble friend—I mean my noble friend Lord Lucas; I have so many noble friends—referred to the importance of adequate funding. We are still in the process of determining what the minimum expectation on local authorities should be in terms of their new support duty. To ensure that it is as effective as possible, it is right that we undertake the necessary consideration and assessment of need, including how this can be achieved and the costs involved. We will engage closely with stakeholders on this prior to the statutory guidance being issued and we have also committed to undertake a new burdens assessment to identify the level of funding that may be required to support local authorities so that they can discharge their duty effectively and well. Therefore, I ask my noble friend Lord Lucas—

Schools Bill [HL]

Lord Addington Excerpts

Committee stage & Lords Hansard - Part 1
Monday 20th June 2022 Lords Chamber

[Baroness Fox of Buckley (Non-Afl)]

This has been an interesting debate and I suppose I am a bit nervous about speaking, inasmuch as the noble Lord, Lord Storey, assures us that he sees this register, in his work, as supportive and not punitive for home schoolers. But if that is the intention they have not got the message, because there is great concern at the moment. In the previous contribution, the noble Lord said that not all the emails that one receives represent all home schoolers. That is true, but there is sufficient anxiety created by the Bill that it would be wrong for the Government not to take note of it.

Personally, I am with Professor Eileen Munro, who has been raised already. I am opposed to a large amount of Part 3 but, in trying to intervene more specifically on this section of amendments, it is important to keep stressing the key point that the noble Lord, Lord Knight, raised: that parents have a right to home education. They do not have to apologise or explain in a free society. It is not something to be ashamed of. It might be a minority pursuit and a lot of us might think it a bit quirky, but in a free society, unless the Government are changing that, it is their free right. I think they feel as though they are being told that they have to explain why they are doing it and are going to be intruded upon—and, in the course of it, are being demonised as well.

That is why I supported a lot of the qualms that the noble Lord, Lord Knight, raised. It is also why I support Amendment 172 in this group from the noble Baroness, Lady Jones of Moulsecoomb, as a review of home education would at least give us an opportunity to look at it in the round a bit more. It feels as though there might be some dangerous unintended consequences here.

I am afraid that, despite the assurances of the noble Lord, Lord Storey, his first and second groups feel as though they are being punished for fears that are concentrated on the third group, as it were. He described one part of that small group who might not be in schools as being radicalised. We had some images and we all know what we are talking about in terms of madrassas and fundamentalists of Christian, Jewish or Islamic faiths, which is no reflection on those faiths per se. But there is a danger here that this small group is then used to attack the reputations of everybody else.

Even in relation to those groups, we have to be careful about using the term “religious fundamentalist” as a dismissive and dangerous model as well. As an atheist, I happen to stand for religious freedom. We have to be careful that we do not just dismiss that. It is also the case that “fundamentalism” is used promiscuously these days to describe people with a different set of values or ideology, whether religious, political or philosophical. They are the kinds of things that I am concerned about.

My greatest fear, which I talked about in my Second Reading speech, is of an unintended slur: that this is all about safeguarding and the welfare of children. In some of the contributions so far, we have gone from loneliness to physical abuse and cigarette burns, and the idea that there are children being kept at home so that they can be abused and will not be seen by social services. We have to be careful not to simply make safeguarding a matter of the children who are not in school, because many children who are in school and in plain sight are missed by social services and the authorities in terms of their abuse. This seems to be the greater problem.

There is an irony that some children are being withdrawn from schools precisely for safeguarding reasons. The parents, for whatever reason, feel that their children are not safe in school because of bullying or particular ideas of how they are taught—things that we are familiar with. I am no fan of de-schooling. I do not like the de-schooling movement and have argued against it many times. School is a hugely vibrant and important part of socialising children and our passing over to the generations but, in a free society, we have to be careful.

Finally, while a register sounds sensible it is right that we raise concerns about data tracking and surveillance. There are those who have indicated that we cannot just allow data collection to happen without asking some questions about why it is needed and how it will be used. I know that the obsession with data collection in schools themselves—turning people into data points and often replacing actual professional judgment with data collection—drives lots of teachers mad. I do not think it necessarily always helps. I also feel that in the name of the autonomy of home education, we have to be careful that this does not become yet another centralising part of the Bill with unintended consequences.

[Lord Addington (LD)]

My Lords, I will briefly come in here. My interest in home education has been based around special educational needs. It is a fact that in the past—I hope that this is decreasing—many people have not felt that their needs were met by the school system. The child, because they are having a bad time, reacts badly. We have gone through all this before. I hope that the Minister will take this opportunity to let us know what the Government’s vision is for supporting people who are occasionally outwith special educational needs and how the local authorities will give that support to them. How will they allow parents who are doing it to ask for that support?

I do not think that we can do this without a register. We need to make it more viable. That is something that we have to do. If we can get some indication on that, not only would it put my mind at rest, more importantly, some of the people who are worried by this would probably feel much more comfortable. If the Minister cannot answer me now, I hope the information can be put out afterwards. A group of people has done home educating for the best possible reasons, not because their child has failed or is not getting the right support. How will the local education authority—indeed the state—support them in this? That is all I want to say on this.

Special Educational Needs

Lord Addington Excerpts

Monday 20th June 2022 Lords Chamber

[Baroness Barran (Con)]

I understand the point the noble Lord is making, but we believe it is very important that we give schools flexibility in how they spend their money. Local SENCOs, head teachers and other professionals working locally will be best placed to understand the needs of pupils in the school and the support they require.

[Lord Addington (LD)]

My Lords, I declare my interests in this area, as in the register. Does the Minister agree that schools are not being properly prepared to teach children they know they will get in their classrooms on a regular basis? It is reckoned that, on average, you will get three dyslexics, for instance, in every mainstream class, and those with other special educational needs will bring that up to five, six or seven pupils. Unless we get more training for teachers to handle these problems, which they know are going to occur, we will always be going back to this budget. Would it not be much more sensible to prepare teaching staff and the establishment to handle these things without going to a special budget?

Schools Bill [HL]

Lord Addington Excerpts

Committee stage & Lords Hansard - Part 2
Wednesday 15th June 2022 Lords Chamber

However, it is vital that there is ring-fenced funding to deliver the training that teachers and other staff will need and that schools are not expected to use their mainstream education budget to provide it. This amendment sets out how to achieve this and I hope the Minister will be prepared to accept it, given the Government’s commitment to the mental health and well-being of children in all our schools. I beg to move.

[Lord Addington (LD)]

My Lords, I will take a few moments to support my noble friend. The major point she has made is that if you do not measure something, it does not happen. It is also the case—as we know through the special educational needs model—that the minute you start to compete between mainstream expenditure in a school and something specialist such as this, you already have a conflict. It often results to the detriment of the minority activity—the one that if you do not look for, you will not find very often. My noble friend mentioned the low to moderate levels of need that could grow and probably impair; there needs to be a reason to look at them and make sure things happen. These problems are also probably going to be tied in with just about every other problem you can imagine in a school—special educational needs, parental problems and so on. Every time you have something that causes stress, you generally find increases in mental health problems.

I hope that the Minister will give us at least some idea of what the Government are doing to make sure that there is some capacity for the staff to have some idea of how to spot this and move it on to the relevant professional. That is the key thing. My noble friend mentioned it, as did the noble Baroness, Lady Fox. If you are not a professional, you will have to be told where to look and then when to pass it on. If you do not have this, you are going to make mistakes. If you just say, “Try harder, concentrate, get on with it, what is the problem with you?”, which is a perfectly normal reaction when you are confronted by somebody who is not conforming to the norm, who is annoying you and disrupting a class, this will exacerbate those problems within the classroom.

Dealing with this properly, or having a better chance of dealing with it, gives a better chance for teachers to get on and do their job and teach and teach the rest successfully. You have to deal with the whole picture to make sure you get good results.

--- Later in debate ---

[Baroness Penn (Con)]

My Lords, I am grateful to the noble Baroness, Lady Brinton, for Amendment 88 and for allowing the Committee to return to the question of mental health support in schools.

The Government believe that school leaders should have the freedom to make their own decisions and prioritise their spending to best support their staff and pupils, especially as they address the recovery needs of their children and young people from the pandemic. This support can include school-based counselling services, and we have provided guidance on how to do that safely and effectively. To provide this support, schools can use the additional £1 billion of new recovery premium announced in the autumn, on top of the pupil premium, as well as their overall core school budget—which has significantly increased—to support their pupils’ mental health and well-being. As I said, this can include counselling or other therapeutic services.

However, as the noble Baroness acknowledged, schools should not be the providers of specialist mental health support, and links to the NHS are vital. That is why we worked with the Department of Health and Social Care and NHS England to create mental health support teams—which the noble Baroness referred to—funded by NHS England, which are being established across the country. As the noble Baroness said, the teams, made up of education mental health practitioners and overseen by NHS clinicians, provide early clinical support and improve collaboration between schools and specialist services.

The Government believe that, rather than funding for specific types of support, we should continue to give schools the freedom to decide what pastoral support to offer their pupils. However, to support schools in directing that funding we have put funding in place, as the noble Baroness acknowledged, so that they can train a senior mental health lead in every school, who can then look at what approach is best for pupils in each school.

[Lord Addington (LD)]

On that senior lead, if you have one person who knows something about this, they cannot get round the whole school, and there is a process by which you have to get the child in question to their attention. Are the Government giving any general guidance to staff to consult that person?

[Baroness Penn (Con)]

I will check and follow up with the noble Lord in writing, but I know that having the lead in place means that they can then be the person to whom other staff in the school can go and with whom they can interact, to get guidance and help shape the school’s approach. It is not for the lead to be singly responsible, but they can get training that can then inform other staff as well.

I was just coming on to say that we have put funding in place. Our aim is that all schools will have a lead in place. More than 8,000 schools and colleges in England, including half of all state-funded secondary schools, have taken up this training offer so far. We recently confirmed further grants to offer training to two-thirds of schools and colleges by March 2023, with the ambition that, by 2025, all state-funded primary and secondary schools, as well as colleges, will have had the funding made available to train a senior mental health lead.

In addition to training for senior mental health leads, there are also the mental health teams to which I referred. The noble Baroness, Lady Chapman, asked for an update on our progress in delivering these. They currently cover 26% of pupils in schools and further education. Our ambition was to cover 25% by next year so we have already met that ambition; indeed, we have raised it to cover 35% of pupils in England by next year.

More broadly, when those specialist teams are in place, they need to be able to refer students to more specialist support where needed. That involves more money going into children’s mental health. I can confirm to noble Lords that there is record NHS funding for children’s mental health services. It will grow faster than the overall NHS budget and faster than adult mental health spending in the coming years. There is more to do, but increased funding and priority are being given to this issue by the Government, not just in schools but in the NHS where those specialist services need to be delivered.

I am grateful for the opportunity to set out again the priority the Government are giving to this issue, the progress we are seeking to make and the approach we think is right to support schools in supporting the mental health of their pupils. I hope that the noble Baroness, Lady Brinton, will withdraw her amendment.

Schools Bill [HL]

Lord Addington Excerpts

Committee stage & Lords Hansard - Part 1
Wednesday 15th June 2022 Lords Chamber

[Baroness Chapman of Darlington (Lab)]

I will press the Minister. Should those amendments that she comes back with on Report, which is how I interpret what she has just said, be as substantial as we would hope and expect given our concerns, which I appreciate she says she had heard, would she perhaps consider reconvening the Committee for us to examine those new amendments? We expect that they will substantially alter the way the Bill is currently drafted.

[Lord Addington (LD)]

My Lords, I will just follow up on that. It would be helpful if we could get some clarity on what else is coming through, if not that process. It is not the Minister’s fault, but she was given a car crash to drive, and we have now got to where we are. Can we please have a little more consultation about the new form of this Bill?

[Lord Knight of Weymouth (Lab)]

Is the Minister intending to conduct some kind of regulatory review and consultation prior to Report?

--- Later in debate ---

[Baroness Penn (Con)]

I absolutely understand that point. I was simply reassuring the noble Duke that within this Bill there are no powers to compel anyone to join a multi-academy trust. It is the Government’s vision for every school to be part of a strong trust by 2030. The intention is for the Government to work with academies and to move people with the Government in pursuit of that vision. I was simply saying that there is nothing in the Bill that would compel an academy to join a multi-academy trust. That said, we have consistently seen that schools in multi-academy trusts are stronger together. The collective focus, vision and community creates opportunities, facilitates collaboration, enables resilience and improves educational outcomes.

[Lord Addington (LD)]

I have listened to what the Minister has said, having not joined in on the debate on this amendment before. Are we saying that specialist schools which stand out from the normal run of schools are not expected to join because it goes against their ethos or because they do not fit in terribly well but that it is a jolly good idea if they do? This is a little confusing. We need some clarity before we move on. Effectively, the Government are saying that joining a multi-academy trust is a good idea but that these schools do not have to, but they then say that they want every school to join one. Can the Minister clarify this?

[Baroness Penn (Con)]

We are saying that joining a multi-academy trust is a good idea and that we would like everyone to do it. We are encouraging everyone to do it, but there are no powers within the Bill to compel people. The reason we think it is a good idea is that we have seen that schools in multi-academy trusts are stronger together. Of course, it would be open for such specialist schools to, for example, perhaps form a multi-academy trust with each other. We know that there are many high-performing, stand-alone schools that have the capacity to support other schools within the combined accountability of a MAT model.