Knife Crime: First Aid in Schools

Lord Agnew of Oulton Excerpts

Wednesday 13th March 2019 Lords Chamber

[The Parliamentary Under-Secretary of State, Department for Education (Lord Agnew of Oulton) (Con)]

My Lords, we know that first aid saves lives. That is why life-saving skills are part of health education, which we are introducing in all state-funded schools. Pupils will be taught first aid, how to make efficient calls to the emergency services and, in secondary schools, CPR. We are also introducing relationships education in all schools. That will help pupils to form and maintain healthy relationships, manage conflict and get help when it is needed.

[Lord Watson of Invergowrie (Lab)]

I thank the Minister for that reply. Children are learning in school how to deliver first aid to knife crime victims because they increasingly find themselves affected by violence. I commend the important work being done in schools by the charity StreetDoctors. Last week, the Prime Minister denied that there was a direct link between reduced police numbers in communities and increased knife crime and, although that was widely refuted, not least by the Metropolitan Police Commissioner, many usually linked causes contribute to knife crime. One of them is permanent exclusions from school, which have risen sharply in recent years; there is a shortage of registered provision for excluded children, some of whom are thus unsupervised. Exclusions are a necessary and important sanction, but does the Minister agree that it is not acceptable or indeed legal to exclude without due regard for the impact on and risks to the child being excluded?

[Lord Agnew of Oulton]

My Lords, the noble Lord raises a very important point on exclusion. It is always a last resort to use a permanent exclusion for a pupil. Just to give some context, the percentage of permanent exclusions last year was actually less than it was 10 years ago. In 2006-07, it was 0.12% and last year it was 0.10%, so we need to keep that in perspective. We are pretty confident that there is no causal link between permanent exclusions and knife crime. However, we are alert to the need to provide better specialist provision for children who are permanently excluded. That is why we announced a number of initiatives in October, including an extra £100 million in capital for special provision for schools.

[Lord Storey (LD)]

My Lords, it is sad that the noble Lord, Lord Watson, had to ask this Question, but the bigger question is why young people are being stabbed. After a decade of austerity, we have seen youth services decimated in our towns and cities and positive activities for young people are almost gone. What will Her Majesty’s Government do about knife crime, not in terms of the narrow criminal issues but in terms of creating healthy community activities?

[Lord Agnew of Oulton]

My Lords, the noble Lord is absolutely right that the causes of knife crime are complicated. We must be honest about not fully understanding them. I accept that austerity is one reason offered, but I am not certainly convinced. We have done a number of things to support young people in terms of ensuring that they have a good education. One priority of the Secretary of State is what he calls the five foundations of character—sport, creativity, performing, volunteering membership and the world of work. I commend to noble Lords a particular initiative that I am always keen to promote called OnSide Youth Zones. Nine of these are now open and six more are planned, mostly in London. They provide an avenue for young people between what are considered the danger hours after leaving school at around 4 pm until 6 pm.

[Lord Lexden (Con)]

My Lords, is my noble friend satisfied that the police are liaising closely enough with schools as and when the need arises? Are the Government making more resources available to the police generally to help combat this terrible scourge?

[Lord Agnew of Oulton]

My noble friend asks a good question. In fact, about a month ago, I wrote to the head of Counter Terrorism Command in London to broker a meeting between him and some heads in London so that schools and police work together. We have introduced a number of initiatives over the past couple of years to support these areas. For example, the Big Lottery Fund invested £80 million towards the #iwill fund and £40 million to the Youth Investment Fund. In addition, in October this year, we announced the new £200 million Youth Endowment Fund to provide support over the next 10 years for young people most at risk of serious violence.

[Lord Laming (CB)]

Does the Minister agree that the reduction in funding for local government of more than 30% during the austerity programme has resulted in all the preventive services being clawed back, and in those services being crisis driven? This has resulted in young people not having the alternative support services that we had become used to providing.

[Lord Agnew of Oulton]

My Lords, I do not think that is the case. I mention two initiatives that we have introduced in the past couple of years. In terms of education, we are reforming training through the early education framework to make teachers more aware of how to effectively manage behaviour. We have recently changed the guidelines on keeping children safe in education, which again involves training and alerting teachers to be more aware of emotional problems that might arise in children. There is great need for wider awareness.

[Baroness McIntosh of Hudnall (Lab)]

My Lords, the House might have been surprised to hear the noble Lord say with such confidence that there was no causal link between permanent exclusion and knife crime. Does he at least accept that there is a correlation between permanent exclusion and involvement in various kinds of criminality, including knife crime, and that one of the reasons why this is serious is because the alternatives to conventional schooling for those who have been permanently excluded are far from adequate and need serious review?

[Lord Agnew of Oulton]

My Lords, as I said in reply to an earlier question, we are conscious that specialist provision for children who are permanently excluded needs to be improved. I completely accept that, which is why we have introduced additional funding. We are encouraging local authorities to bid for specialist additional-provision free schools to ensure that that provision is available.

[Lord Roberts of Llandudno (LD)]

Does the Minister not think that knife crime and so on goes beyond the police? It goes to communities, as mentioned earlier. The communities that we used to belong to when we were young and the organisations are no longer there. Youth clubs have closed in many places and youngsters are looking for alternative ways of acting together. Is it not time that the Government paid much more attention to trying to build our communities, not only in the countryside where we are losing them, but in the cities?

[Lord Agnew of Oulton]

The noble Lord is right to say that this is an entire community endeavour; it is not down to just the police or schools. I refer him to a recent report published by Action on Violence, which looks at the case study in Scotland. The noble Lord, Lord Watson, will be interested in it. A decade ago, Glasgow was considered the murder capital of Europe but now knife crime in Scotland is at a 42-year low. That has been approached through treating it as a public health issue, which meant that the police, social, health and school sectors all worked together. It clearly has worked.

Schools: Swimming and Life-saving Skills

Lord Agnew of Oulton Excerpts

Wednesday 6th March 2019 Lords Chamber

[The Parliamentary Under-Secretary of State, Department for Education (Lord Agnew of Oulton) (Con)]

My Lords, I am pleased to answer this Question for Short Debate, and thank the noble Lord for raising the important issue of swimming and life-saving skills in schools. Swimming is a vital life-saving skill. This is why pupils are taught to swim and about water safety at primary school. I am delighted to be able to update the House today on the work the Government are doing to improve swimming and water safety skills in schools. Being able to swim and learn about water safety, including the dangers of open water swimming and cold water shock, can prevent accidents and drowning fatalities.

The noble Lord, Lord Addington, asked how many sports are impacted by one’s ability to swim. It opens up opportunities to participate in a wide range of water-based activities, such as canoeing, rowing and sailing. I cannot get to the figure of 20 that he mentioned, but he is correct that it impacts on many opportunities, which is why all pupils should have the opportunity to learn to swim.

The Government support the view of the noble Lord, Lord Storey, that no child should leave primary school unable to meet a minimum standard of capability and confidence in swimming. This is reflected in the national curriculum, which includes swimming and water safety as compulsory elements at primary level. It also provides a frame of reference for academies in deciding what to offer as part of the broad and balanced curriculum. We know that too many pupils leave primary school unable to meet those expectations. We are working closely with colleagues in government and the sport and education sectors to raise attainment.

In 2015 the Government asked the Swim Group to submit an independent report setting out recommendations for improving curriculum swimming as part of the Sporting Future strategy. The Swim Group includes representatives from across the swimming and education sectors. The report demonstrated the need to do more to support schools in delivering swimming and water safety lessons to all pupils.

The noble Lord, Lord Watson, asked about progress in implementing the recommendations. To date we have implemented four of them. Sport England is also updating its facilities guidance for local authorities. We have increased the flexibility of pupil premium funding, and we are including a communications strategy, which was recommended, for educational stakeholders. For secondary schools we are also including an updated communications strategy. We took the recommendations very seriously, and we are endeavouring to implement as many as possible.

All primary schools in receipt of PE and sport premium, including academies, have to report on how many of their pupils meet the swimming expectations. We have increased support for schools to use their PE and sport premium to increase training and provide additional top-up swimming lessons. New free guidance is available from the Swim England website, which covers everything schools need to know about how to provide high-quality swimming and water safety lessons to all pupils.

We have worked with the Independent Schools Council to encourage meaningful partnerships between independent schools and their local state primaries. For example, Cheltenham Ladies’ College is working with local partners to provide additional swimming lessons to pupils not able to swim after being taught swimming in their core PE lessons.

The noble Lord, Lord Addington, asked about SEND pupils. We agree that it is most important that all pupils have the ability to learn to swim. The Swim Group reported that not all pupils with SEND have access to swimming and water safety lessons in school. More work needs to be done to understand the current provision, and any barriers to inclusive lessons. We have funded a project to help address this issue—the Youth Sport Trust-led Inclusion 2020 project has identified five local areas to form partnerships to improve swimming and water safety: Durham, Dorset, Milton Keynes, Northamptonshire and West Yorkshire. We will review the evaluation of these local innovation partnerships when it is available in 2020.

The noble Lord, Lord Addington also asked about the resources available for swimming generally, and I can reassure him that, again, there is a lot going on. Sport England is working with nearly 100 local authorities that have plans for additional swimming pool provision. Since 2012 it has invested £67 million in 46 local authority facilities to include pools, which results in about £700 million in investment from those authorities.

We will continue to build on this work across government, working with and supporting schools, county sports partnerships, and swimming and water safety bodies and charities. We are working with Swim England to publish online videos that will support teachers in assessing pupils’ swimming capabilities. These will be available to all schools this spring. Our swimming and water safety communications activity will focus on supporting a water safety awareness week. This addresses part of the question asked by the noble Lord, Lord Addington, about highlighting the dangers of being around water. The awareness week will include information on that subject, and a new guidance pack for parents on school swimming and water safety will be published on the Swim England website by the end of March, including information on how to be safe in and around water.

The noble Lord, Lord Storey, asked some related questions—and one in particular, about drowning following excessive intake of alcohol. The noble Lord is right to highlight this as an important subject. Issues around alcohol will make up part of the health education taught in schools. Combating alcohol-related drowning is a priority for partners such as the Royal Life Saving Society, with its national campaign, “Don’t Drink and Drown”. This campaign reaches out to universities and warns drinkers to steer clear of walking by or entering water when under the influence of alcohol.

The noble Lord, Lord Storey, also asked about the collection of data on drowning. The collection of data on water-related incidents is an important part of reducing the number of deaths by drowning. I welcome the collaboration on data collection through the water incident database, but I will raise the issue with the Department for Transport, which has the overall responsibility for water safety.

County sports partnerships review schools’ reporting of the use of their PE and sport premium and this year we will be looking at those reports in more detail. We will be launching a school sports action plan in the spring of this year. It will have at its heart how sport can assist in the development of character and well-being in pupils. Swim England is involved in its capacity as a national governing body of sport.

My noble friend Lord Dunlop raised several questions. On the sharing of experiences between English and Scottish schools on swimming, Swim England is working closely with Swim Scotland and other swimming national governing bodies. They are sharing the outcomes of the Swim Group report and the government actions to support these national governing bodies to work with their own Governments.

My noble friend asked about data. The Active Lives Children and Young People Survey will provide annual data on swimming following findings on school swimming and water safety in the December 2018 publication of the survey. These annual findings will give us robust information on the swimming and water safety skills of pupils. We have also changed the reporting for primary schools to ensure that the mandatory requirement to report the use of the premium on their school website includes a requirement to publish information on their pupils’ swimming and water safety ability.

Lastly, my noble friend asked whether the picture is changing. Sports England’s Active Lives Children and Young People Survey collected data on more than 100,000 pupils and reported its first findings in December last year. Seventy-seven per cent of year 7 pupils reported being able to swim the 25 metre unaided requirement in that survey.

Life-saving teaching in schools also relates to work that the Government are doing in health education. We are making health education compulsory in all state-funded schools in England and voluntary teaching will begin in September of this year. In doing this we have responded to the sustained calls for mandatory first aid in schools so that pupils can have the access they need to knowledge about life-saving and first-aid skills.

The noble Lord, Lord Storey, asked about the teaching of water safety and rightly highlighted the importance of learning about it. Our guidance on health education encourages schools to look for opportunities to draw links between subjects and integrate teaching where appropriate. There will be an opportunity for schools to bring together what they teach in life-saving with their swimming lessons. The new water safety guidance pack can help them to do that more effectively.

We have proposed in the updated draft statutory guidance that health education will include first-aid and life-saving skills in core content for the first time. This will support whole school approaches to fostering pupil well-being and developing pupils’ resilience and ability to self-regulate. We encourage teachers to draw upon high-quality resources in the classroom, including guidance on first aid and emergencies from the British Red Cross, St John Ambulance and the British Heart Foundation.

As such, health education should complement what is already taught and develop pupils’ core knowledge and broad understanding to enable them to lead healthy, active lives. It will be up to schools to decide whether and how to build on the core swimming expectations in the context of their wider health education provision.

The debate we have had today has highlighted how important swimming and life-saving skills are.

[Lord Watson of Invergowrie]

The Minister has answered a considerable number of questions but he has not answered one of mine in relation to the funding that supports the announcement in October last year of additional support for schools. The figure of £300 million in the PE and sport premium was mentioned. My question was whether the activities announced in October 2018 are to be paid for through that—and, if so, how much—or is it to be new resources from the DfE?

[Lord Agnew of Oulton]

Apologies to the noble Lord; I omitted that in my reply. Extra help for schools was announced on 18 October but there was no new funding specifically for school swimming. However, we have encouraged use of the £320-million PE and sport fund, from which all primary schools receive each year to support school swimming and water safety. This works out on average at about £18,000 per single-form-of-entry primary available for sports activity. More broadly, as part of the 2012 Olympic legacy, we have invested nearly £1 billion in sport in aggregate since then.

This debate has highlighted how important swimming and life-saving skills are, and the role that schools can play in teaching them. I hope that the range of actions I have set out demonstrate just how seriously the Government take the ambition that all pupils ought to leave primary school being able to swim, and that the new health education requirements can help to build on that. I hope all noble Lords will join me in doing all we can to make sure that schools are aware of the support and take advantage of it.

House adjourned at 9.50 pm.

Social Mobility: Regional Attainment Gap

Lord Agnew of Oulton Excerpts

Tuesday 26th February 2019 Lords Chamber

[Baroness Tyler of Enfield (LD)]

My Lords, I beg leave to ask the Question standing in my name on the Order Paper, and declare an interest as co-chair of the APPG on Social Mobility.

[The Parliamentary Under-Secretary of State, Department for Education (Lord Agnew of Oulton) (Con)]

My Lords, the Government welcome the report, and its focus on the attainment gap between disadvantaged pupils and their peers. The gap has narrowed by around 9.5% since 2011. We continue to prioritise social mobility by investing on average £2.4 billion a year in the pupil premium to support the most disadvantaged pupils. We are targeting extra support on areas facing low educational outcomes, particularly through the opportunity area and Opportunity North East programmes.

[Baroness Tyler of Enfield]

I thank the Minister for his Answer. The APPG report paints a stark picture of the regional attainment gap between pupils from disadvantaged backgrounds and their more affluent counterparts, and shows how areas of low social mobility will worsen unless action is taken. The report recommends redesigning the pupil premium as a social mobility premium, which schools could use to spend on extra pay or other forms of support for teachers in deprived areas. What steps are the Government going to take in these areas?

[Lord Agnew of Oulton]

My Lords, I first acknowledge the tireless work that the noble Baroness does in this incredibly important area of social mobility. To answer her specific question, the funding provided through the pupil premium means that there is funding available to support local priorities such as recruitment, retention and development of teachers. Further to this, we recently published the teacher recruitment and retention strategy, which reiterates our ambition to shift incentives so that more good teachers work in schools with more disadvantaged intakes.

[Baroness Afshar (CB)]

My Lords, what measures have the Government taken specifically to deal with the needs of minority pupils and minority communities, where young girls and women, in particular, are discriminated against at will? Are there specific measures that would deal with this problem?

[Lord Agnew of Oulton]

My Lords, all our efforts around social mobility are aimed at helping all those who are not getting a fair crack of the whip. We have 12 opportunity areas operating at the moment and, just to take the case study of Derby, where money is being specifically targeted to help children who are struggling to read or have English as an additional language, we are already seeing improvements at key stages 1 and 2. Things are improving faster in Derby than nationally.

[Lord Storey (LD)]

My Lords, may I raise another issue from the report? It highlights the problem of teacher retention, and teachers feeling that their professional status is not being invested in. Across the OECD the average amount of time spent on high-quality continuing professional development is about 50 hours; in the UK it is half that. Have the Government any plans to increase the availability of continuing professional development?

[Lord Agnew of Oulton]

My Lords, we have recently announced the recruitment and retention strategy, and I agree with the noble Lord that retention is probably the greater priority, because it is a terrible waste when good young teachers leave the profession. We have put much more focus on ongoing CPD for teachers, particularly in the second year, reducing their teaching load so that they have more time for support. We have announced a £30 million investment in tailored support for certain schools with recruitment and retention challenges, which is designed to help schools improve existing plans, join national programmes, build local partnerships or fund new initiatives.

[Lord Wills (Lab)]

My Lords, what specific measures are the Government taking to increase the low number of care leavers going into higher education?

[Lord Agnew of Oulton]

My Lords, in addition to the pupil premium we also have an enhanced pupil premium specifically aimed at that most vulnerable group. One of my personal missions has been to increase the opportunities for care leavers to attend boarding schools, where, according to a small study in Norfolk, their educational outcomes showed a dramatic improvement.

[Baroness Bull (CB)]

My Lords, the report also draws attention to the importance of and lack of funding for early years education and centres. The Government’s 2017 report, Unlocking Talent, Fulfilling Potential, indicated that in areas of high deprivation between 40% and 60% of children arrive at school when they are not what is classified as school ready. What are the Government doing to address this lack of funding for early years education?

[Lord Agnew of Oulton]

My Lords, we are investing more in child care support than any other Government—around £6 billion for the year 2019-20. This includes funding for our free early education entitlements, on which we plan to spend £3.5 billion this year alone. The noble Baroness will also be aware of the great efforts we are making around phonics, which are leading to a dramatic improvement for young people. Some 163,000 young children are now able to read at a higher level; that is more than the population of Norwich.

[Lord Foulkes of Cumnock (Lab Co-op)]

Can the Minister investigate how this country is being held to ransom by a number of dangerous former pupils of a school called Eton College?

[Lord Agnew of Oulton]

I get the sense that the noble Lord does not approve of that great institution—but even his party has had many leaders from it.

[Lord Beecham (Lab)]

My Lords, disadvantaged pupils in the north-east have the lowest scores in the country. Would the Minister or other members of the department be prepared to discuss the situation in the north-east with local authorities in that region? Again, I refer to my local government interests.

[Lord Agnew of Oulton]

My Lords, I am pleased to be able to tell the House about Opportunity North East, a programme launched in that area specifically to address underperformance. We have five priorities: addressing the progress—or lack of progress for some children—between primary and secondary, improving secondary outcomes, helping schools attract and retain great teachers, improving pathways into great careers, and likewise on to higher education. I chair the board that is running this work and we are bringing together universities, employers, LEPs, local authorities and academies in that area specifically to address the noble Lord’s concerns.

Relationships Education, Relationships and Sex Education, and Health Education

Lord Agnew of Oulton Excerpts

Monday 25th February 2019 Lords Chamber

[The Parliamentary Under-Secretary of State, Department for Education (Lord Agnew of Oulton) (Con)]

My Lords, with the leave of the House I will repeat a Statement made in the other place earlier today by my right honourable friend the Secretary of State for Education. The Statement is as follows:

“With permission, Mr Speaker, I would like to make a Statement to update the House on the Government’s proposals for the draft regulations and guidance for relationships education, relationships and sex education, and health education, following public consultation. It is 19 years since the sex and relationships guidance was last updated. The world that our children and young people face today is very different; how they build relationships, interact with their peers and manage their own mental and physical well-being has changed significantly. Along with all the positives of modern technology and new media come great risks, as children and young people are exposed to information, content and people that could and do cause harm. There is little distinction for many young people between their online and offline lives. That why I believe that, now more than ever, we need to provide young people with the knowledge they need in every context to lead safe, happy and healthy lives.

During the passage of the Children and Social Work Act 2017, with strong cross-party support, the Government brought about the introduction of compulsory relationships education for all pupils in primary schools and compulsory relationships and sex education for all pupils in secondary schools. In July I announced that in addition to this I would be making health education compulsory for all pupils in state-funded schools. Thanks and appreciation are due in particular to my right honourable friend for Putney for her leadership through these historic steps, my right honourable friend for Basingstoke and many others across the House, including the honourable Member for Rotherham. My sincere thanks also go to all the external groups and bodies that have contributed to this process, to the tens of thousands who contributed in the call for evidence and consultation and, particularly, to our education adviser, Ian Bauckham CBE. Today we have laid the regulations that, following debate, will finalise this process, as well as publishing the accompanying statutory guidance for schools.

It is clear—this was reflected in the consultation responses—that there are understandable and legitimate areas of contention. In reviewing responses and determining the final content of regulations and guidance, we have retained a focus on the core principles for the new subjects that Parliament endorsed through the Children and Social Work Act. Our guiding principles have been that these compulsory subjects should help to keep children safe; help to prepare them for the world in which they are growing up, including its laws that relate to relationships, sex and health; and to help to foster respect for others and for difference. Content must be age-appropriate and developmentally appropriate and taught in a sensitive and inclusive way, respecting the backgrounds and beliefs of pupils.

Parents and carers are of course the prime teachers for children on many of these matters, and schools complement and reinforce this role by building on what pupils learn at home. We have retained the long-standing ability of parents to request that their child be withdrawn from the sex education element of RSE. The school should respect the parents’ request to withdraw the child, except in exceptional circumstances, up to and until three terms before the child reaches the age of 16. At that point, if the child wishes to take part in sex education lessons, the head teacher should ensure that they receive it in one of those terms. In response to the consultation, we have further clarified in the guidance how and when a pupil’s special educational needs may be taken into consideration, and that head teachers should document their decision-making process on the right to withdraw.

We believe that after reviewing the consultation responses we have struck a balance between prescribing clearly the important core knowledge that all pupils should be taught while allowing flexibility for schools to design a curriculum that is relevant to their pupils. We made a small number of changes that we felt were important and would further strengthen the intent of the guidance. For example, we have made changes to the content on puberty to reflect that menstruation and menstrual well-being should be taught in all primary and secondary schools. Given the lack of distinction that young people see between online and offline contexts, we have expanded teaching about internet safety and harms to include content on the potential risks of excessive screen time and how to be a discerning and discriminating consumer of information and other content online. We have included teaching about rape, female genital mutilation and forced marriage in secondary RSE, and we have amended the content on organ and blood donation to include the science relating to stem-cell donation.

We are committed to ensuring that every school will have the support that it needs to deliver these subjects to a high and consistent quality by September 2020. We will be investing in tools that will improve schools’ practice, such as a supplementary guide to support the delivery of the guidance, targeted support on materials, and training. For the financial year about to begin, we have allocated up to £6 million to invest in the development of these tools. We will continue to encourage as many schools as possible to start teaching these subjects from September 2019, partly so that we can learn lessons and share good practice about how these subjects are being taught before the full mandatory rollout.

These new subjects will put in place the building blocks needed for healthy, positive, respectful and safe relationships of all kinds, starting with family and friends and moving out to other kinds of relationships, including those online. Young people will know what makes a good friend, a good colleague and a successful marriage, and what is acceptable and unacceptable behaviour in relationships. They will understand the positive effects that good relationships can have on their mental well-being. Alongside CPR and first aid, there will be now be mandatory teaching on mental health and well-being, as a foundation for our wider transformation programme on support services for children and young people’s mental health.

We believe that these proposals are an historic step in education that will help to equip children and young people with the knowledge and support that they need to form healthy relationships, lead healthy lives and be happy and safe in the world today. I commend this Statement to the House”.

--- Later in debate ---

[Lord Agnew of Oulton]

My Lords, on the questions from the noble Lord, Lord Watson, I hope I will address most of them here, but I will write on any that I have missed.

On funding, this is a ring-fenced sum of money. It comes out of the DfE budget, but as noble Lords will know, the DfE budget runs to tens of billions of pounds. This sum is allocated for this. I accept that the sum does not sound like a lot per school. One of the reasons why we are keen for schools to start to roll out this training in September of this year, before it becomes compulsory, is to get feedback from them on their experiences and whether they will need additional support.

A lot of resources are already out there, and they are good quality. For example, there is the Sex Education Forum, which, according to its website, which I looked at today, is endorsed by the ASCL, Unison and the NEU. These are all good-quality resources. It will be a matter of schools learning how to access them. If they feel there are gaps, they will feed that back to us and we will respond.

On how many teachers will be trained, we want to see this soft rollout starting in September to get a sense of how profound the additional training needs will be, going beyond what schools are already doing on PSHE, health education and other elements which are already in the curriculum. It will be a matter of seeing how much further they need to go from where they are at the moment, which also ties in with the question about room in the curriculum. There is already space in the curriculum for much of this, and we envisage there being adequate space. I will come on to that again when I answer the questions from the noble Lord, Lord Addington.

On the right to withdraw, this is a very difficult balancing act. The noble Lord, Lord Addington, made the point that we were always going to upset some people on either end of the spectrum. We believe the prevailing thrust of this is that parents should have responsibility for educating their children on these sensitive matters. We brought in the rule about three terms prior to age 16 because that is the legal age of consent for sexual intercourse, so it is important that some training is made available to children before then.

On “exceptional circumstances”, I think the term is what it is. It is extremely difficult to predict what these circumstances might be. We will see from our soft rollout starting in September if circumstances arise which are sensitive and need addressing. However, our view is that we want schools to make the judgments based on what is age appropriate and relevant to their own communities. Clearly, a metropolitan school might have a different kind of child who is more advanced in their understanding of the world than a child in a rural area. We have to be flexible on that.

On the issue of LGBT, which the noble Lord, Lord Watson, raised, we are very aware of the concern about bullying. The subjects are designed to educate pupils about healthy relationships. We have been clear that schools have flexibility on how they develop this, but in the Keeping Children Safe in Education guidance, for example, which we rolled out last year, we focused very much on bullying between children and situations where people may be of a different sexuality.

Turning to the noble Lord, Lord Addington, I thank him for acknowledging the cross-party support for this. It was heartening to listen to the debate in the other place this afternoon and see the strong cross-party support. I hope I have addressed some of the funding issues in my answer to the noble Lord, Lord Watson. The noble Lord, Lord Addington, raised the point about ongoing focus in this area. I absolutely agree that this is a Department for Education responsibility. A question was raised in the other place about the fact that it has been 19 years since we last did this and it better not be another 19 years before the next review. My right honourable friend the Secretary of State was keen to indicate that this would probably be reviewed every three years, but possibly more often. We absolutely accept that.

On SEND, coming back to my answer to the noble Lord, Lord Watson, about teaching being age appropriate, it also has to be appropriate for the mental development of a child. If a child’s special educational needs are particularly severe, schools will need to be more sensitive to the needs of that child, but as the noble Lord, Lord Addington, quite rightly says, with many SEND issues such as dyslexia, it will not really make any difference and the child would be treated in the same way.

[Baroness Massey of Darwen (Lab)]

I apologise for my earlier interruption. Noble Lords may put it down to keenness, as I am keen on this area of the school curriculum. I very much welcome the fact that this will be a compulsory subject in our schools; it has been a long time coming. The Minister rightly emphasised that teaching on keeping children safe, developing good relationships, self-esteem and sexual education has been recognised in surveys as having an impact on academic performance in schools.

We know that not all children learn about issues such as sex and relationship education and online safety at home. Indeed, many parents say that they are pleased and grateful that their children receive this kind of education from schools and other professionals. I hope the Government will not be swayed by negative impulses from media sensationalism about this, as we have seen already. Such treatment of serious subjects is a disservice to parents and children.

We have talked about funding; I hope that that will be sorted out. I also hope that schools will be encouraged to involve other professionals in delivering this programme, including school nurses, and will work across departments to share expertise and the funding that will be made available.

[Lord Agnew of Oulton]

I reassure the noble Baroness that we are absolutely firm on steering the middle course that we have tried to achieve over this long period to get to this point. As she will know, the call for evidence generated some 23,000 responses; the response to the consultation generated another 11,000. On top of that, we had two petitions, with 29,000 names in combination. We have tried to steer a way through this and we believe that we have come up with a process that keeps the vast majority of parents happy and comfortable that we are doing this in the right way, but, as I said to the noble Lord, Lord Addington, we will keep this under review because we are in a fast-changing world, particularly online.

[The Lord Bishop of Oxford]

My Lords, I thank the Minister for the repetition of the Statement and for the guidelines. The Church of England’s chief education officer has in particular welcomed the stronger impetus on teaching faith perspectives relevant to people of all faiths and none, irrespective of the kind of school that they attend, which is key to combating religious prejudice.

I underline the concerns raised by noble Lords about resourcing. The Minister will be even more aware than I am—as Bishop of a diocese where there are some 283 church schools—of the pressure on budgets for head teachers and the stress that creates. I am very encouraged by the Minister’s comments that this will continue to be scrutinised.

I particularly welcome the emphasis in the document on mental health and on good education for an online world. Would the Minister like to comment on the interface between these very good guidelines on ensuring good teaching on this in primary and secondary education and the forthcoming online harms White Paper? Clearly, there needs to be dovetailing between good policy on education and good regulation to ensure that the environment in which our children and young people are growing up is adequately regulated and supervised.

[Lord Agnew of Oulton]

The right reverend Prelate is absolutely correct to mention the whole issue of online safety and the regulation that I hope will curb some of the excesses we have seen over the last 10 years. One of the things we amended in the period between laying the original guidance and the consultation was to put more emphasis on encouraging children to have much more self-discipline and self-restraint in their use of the online world. It is a matter of great concern to me that teenagers are spending four or more hours a day in this medium, which cannot be healthy. All these things will need to be brought together. My friend, Minister Zahawi, recently established an online safety working group, made up of online safety and education experts, to help advise the department on future iterations of Keeping Children Safe in Education. Indeed, that could be strengthened to support schools if needed.

[Lord Cormack (Con)]

My Lords, many parents will have strong religious beliefs, be they Christian, Jewish, Muslim or others. Following up on what the right reverend Prelate said, can my noble friend assure me that at all stages the leaders of all the major faiths, both locally and nationally, will be consulted and referred to so that they can have an input? There is a passing reference in the Statement to respecting,

“the backgrounds and beliefs of pupils”,

but we need something rather more than that.

[Lord Agnew of Oulton]

I reassure my noble friend that faith is a protected characteristic and we have been clear that schools have flexibility over how they deliver these subject so that they can develop an approach that meets the needs of their local community and/or religious beliefs. All schools will be required to take into account the age and religious backgrounds of their pupils when teaching these subjects.

[Lord Berkeley of Knighton (CB)]

My Lords, in paragraph 79 of the draft guidance there is a reference to FGM. Recent events have made it very clear that getting prosecutions, however desirable they may be, is extremely difficult. I commend the Government on coming to the conclusion that education in this area is perhaps the most important facet of stopping this revolting and awful practice. Can the Minister confirm that there will be a real emphasis on educating children about FGM and supporting them when they have friends who have experienced it and might be in need of help?

[Lord Agnew of Oulton]

My Lords, I reassure the noble Lord that FGM is absolutely in the new guidance. It has been added as an extra subject. As my right honourable friend the Secretary of State said in the other place today, this is not just about educating young girls for their own protection but about changing the attitude to this in the long term so that those who go on to become nurses, doctors and health workers will understand the pure evil it represents.

[Baroness Barker (LD)]

My Lords, the Minister referred to good tools and materials such as those made available by the Sex Education Forum, but he will know that there are a lot of tools and materials produced by groups that have a particular perspective that they wish to push that would not comply with the objectives of these regulations. What guidance could he offer to pupils, staff or parents in a school who find themselves forced to use materials that do not fulfil the objectives set out in these regulations?

[Lord Agnew of Oulton]

I reassure the noble Baroness that we will provide further advice to support schools to improve the practice and training that could be delivered using the latest technology, including opportunities for face-to-face training for teachers. We intend to produce supporting information by September for schools on how to teach all aspects of internet safety, not just those relating to relationships, sex and health, and to help schools deliver this in a co-ordinated and coherent way across the curriculum. They will of course be free to seek advice from the department on whether the various forums that are out there are considered good. I mentioned that forum because I did not get to my notes quickly enough, but there are several others, such as the PSHE Association; the Royal Foundation, set up by the two Dukes, which focuses on mental health; and the Catholic Education Service, which has also created a model curriculum for primary and secondary schools.

[Lord Polak (Con)]

My Lords, I welcome this Statement, but does my noble friend the Minister agree that the press reports over the weekend suggesting that primary schools were teaching LGBT issues from the age of five cannot possibly be true? Can he also confirm that while there is no specific requirement to teach about LGBT in primary schools, they can cover LGBT content if they consider it age-appropriate to do so? Finally, can he confirm that age-appropriateness is ultimately a matter for the governors of a school?

[Lord Agnew of Oulton]

To reassure my noble friend, it is not correct that young children aged five or six will be taught about sexual education. We are quite clear that that is not required until a child moves into secondary education. On LGBT, the approach at a young age is more about letting children understand that families come in different shapes and sizes, to remove any sense of bigotry that could develop at an early age through ignorance.

[Lord McCrea of Magherafelt and Cookstown (DUP)]

My Lords, will the Minister confirm that the Government will firmly adhere to the promise made in the Statement, that they have retained the long-standing ability for parents to request that their children be withdrawn from the sex education element of RSE? When it comes to exceptional circumstances, who decides what these are?

[Lord Agnew of Oulton]

To reiterate, the right to withdraw is in the parent’s gift until the three terms before the child is 16. It is extremely difficult to predict what an exceptional circumstance would be, but paragraph 41 shows how clearly it is entrenched in this guidance:

“Parents have the right to request that their child be withdrawn from some or all of sex education delivered as part of statutory RSE. Before granting any such request it would be good practice for the head teacher to discuss the request with the parent and, as appropriate, with the child to ensure that their wishes are understood and to clarify the nature and purpose of the curriculum”.


Schools will want to document this process to ensure that a record is kept.

[Baroness Watkins of Tavistock (CB)]

My Lords, I warmly welcome this new legislation, particularly in relation to mental health. However, I am very concerned that independent schools will not have to conform. People who go to independent schools are just as likely to suffer from mental health problems as those in state-funded schools. We should review this situation, because the demands are far more likely to fall on the NHS than on the private sector, if we have a group of people in independent schools who have not had what we are declaring is sound health promotion. I ask the Minister to consider this issue seriously.

[Lord Agnew of Oulton]

Let me clarify the definition of an independent school: while academies are defined as independent schools, they fall within these regulations, so I can reassure the noble Baroness on that point. We are still in the stages of finalising the independent school guidance, and will address the issues raised.

[Lord Haselhurst (Con)]

My Lords, does my noble friend agree that the continuing advance of social media is presenting severe challenges for parents and teachers alike in knowing how and when it is best to deal with this difficult subject, in what is already a sensitive area? I welcome what the Secretary of State has announced today. It is right not only that it happens now, but that it be renewed on a very regular basis, to keep up with the changes in social media.

[Lord Agnew of Oulton]

My noble friend is absolutely correct. Internet safety is an integral part of the subject content. The principles of positive relationships apply as much online as they do in other contexts. The distinction between the online world and other aspects of life is less marked for young people. Schools should support their pupils in distinguishing between different types of online content, and making well-founded decisions. As I mentioned earlier, we intend to produce supporting information for schools on how to teach all aspects of internet safety—not just relating to relationships, sex and health, but to help schools deliver in a co-ordinated and coherent way across the curriculum.

[Lord Hylton (CB)]

My Lords, it seems hard to find anything about morality or moral relationships in the Statement. Surely we can all agree that morality demands respect for others as unique persons? We hear a lot about bullying, grooming and seduction online. Will the Government go deeper than that and insist that there must be a solid moral base for education and lessons on all these subjects?

[Lord Agnew of Oulton]

The Children and Social Work Act provided the Secretary of State with the power to make PSHE, and elements therein, mandatory in schools. This deals with some of the issues that the noble Lord raises. Regarding the latest changes to the guidance, we have included and clarified the values and personal traits that will give pupils the character to persevere, manage adversity and make a positive contribution to society. These items are very much embedded in the spirit of the document.

[Lord Morrow (DUP)]

My Lords, does the Minister accept that there is the potential within his Statement for undermining the authority of parents?

[Lord Agnew of Oulton]

I have tried to reassure noble Lords that that is not the intention. We always recognise that parents should lead in this part of a child’s education, and are not intending to undermine that in any way.

[Lord Lexden (Con)]

Does my noble friend agree that these regulations are essential if teachers are to be able to give children a firm, proper understanding of very sensitive issues that, left untaught, can so easily give rise to vicious bullying of LGBT pupils, and serious sex offences at a young age? As far as independent schools are concerned, to which reference has been made, has my noble friend noted the wide support that they have given to the Government’s proposals? This means they are likely to be widely adopted. As one who follows independent schools affairs closely, I have been very struck with the seriousness with which they are treating mental health issues.

[Lord Agnew of Oulton]

My noble friend raises an important point. These issues are a matter of safeguarding, not only against bullying but in ways such as recognising unhealthy relationships and symptoms of poor mental health. These subjects are designed to support all children to be healthy, happy, safe and respectful, both in the school environment and the wider world. We are committed to ensuring that schools and teachers are supported and ready to teach these subjects to a high standard. The £6 million we have announced today is an initial amount for the 2019-20 financial year, which will be used to develop the programme of support. I agree with my noble friend that independent schools have been very supportive in this process, and I am confident that they will follow the guidance.

Universal Credit: Free School Meals

Lord Agnew of Oulton Excerpts

Thursday 21st February 2019 Lords Chamber

[Lord Bassam of Brighton]

To ask Her Majesty’s Government whether they intend to reconsider recent changes to access to free school meals following their decision to delay the roll out of Universal Credit.

[The Parliamentary Under-Secretary of State, Department for Education (Lord Agnew of Oulton) (Con)]

My Lords, the continuing provision of free school meals to children from out-of-work or low-income families is of the utmost importance to this Government. Due to the generous transitional protection we put in place, no child eligible for and currently receiving free school meals will lose their entitlement as a result of the universal credit rollout. Even more children will benefit by retaining eligibility through the protection.

[Lord Bassam of Brighton (Lab)]

My Lords, it is estimated that there are 5 million children now living in poverty in the UK, so is it not time for the Government to consider using the pause in the rollout of universal credit to reconsider their mean-spirited free school meals policy? What assessments have they made of the number of families who are in work poverty who do not qualify for free school meals but for whom the cost of school meals causes genuine daily hardship?

[Lord Agnew of Oulton]

My Lords, I dispute the noble Lord’s assertion on the number of children living in poverty. The DWP estimates that 300,000 fewer children are in poverty now than prior to 2010. On eligibility he will know that, through the introduction of infant free school meals, another 1.5 million children are now in receipt of them. I give credit to our coalition partners, the Liberal Democrats—particularly the noble Baroness, Lady Garden—for helping to bring that in. We are in a better place than we have ever been before.

[Baroness Corston (Lab)]

My Lords, the Minister referred to the fact that 300,000 fewer children are in poverty. Can he be truthful with the House and say that that is his assessment in relation to abject, rather than relative, poverty? That makes a huge difference. Talking about only people in destitution, rather than those who are poor, is misleading.

[Lord Agnew of Oulton]

My Lords, the Government should support people in the most vulnerable state. That is why we used the same statistics as the DWP, which produces annual estimates and said that the rate of material deprivation for children has never been lower than the current figure of 11%.

[Baroness Boycott (CB)]

My Lords, will the Government consider rolling out the free school meals programme more widely in the next few months as we go through Brexit? Indications suggest that food prices will rise, rather than go down. There are categories of children whose parents are in dire poverty but they do not receive free school meals. All children of parents living here under immigrant status do not get free school meals either. For families in poverty, they are a true lifeline. Will the Government think about rolling them out, at least for the summer term while some of this settles down?

[Lord Agnew of Oulton]

My Lords, it might be worth pointing out this week’s ONS statistics, which show a rather more positive figure on employment: 32.6 million people in this country are now employed. That is 167,000 more than between July and September 2018, and 440,000 more than a year ago. We take child poverty very seriously. We also encourage schools, through the use of the pupil premium, to encourage additional recruitment to the programme.

[Lord Addington (LD)]

My Lords, does the Minister agree with the general agreement that a good diet improves performance at school? Taking that on board, would not an Education Minister encourage his colleagues to make sure that more children got free school meals, not fewer?

--- Later in debate ---

[Lord Agnew of Oulton]

My Lords, as I said in response to an earlier question, the number of children in receipt of free school meals has increased over the past eight years. I agree with the noble Lord that a nutritious diet is essential for young people; that is why, as he will be aware, we encourage breakfast clubs and introduced the sugar tax, both of which aim to create a healthier nutritional outlook.

[The Lord Bishop of Durham]

My Lords, the two-child limit means that welfare reforms weigh particularly heavily on families with three or more children. What assessment have the Government made of the consequence of changes to free school meals that are set to impact on children with more than one sibling? Does the Minister agree that this policy will effectively harm children from large families through no fault of their own?

[Lord Agnew of Oulton]

My Lords, the Secretary of State for the DWP announced some changes in the past few weeks. We included the two-child limit in those changes but I am happy to write to the right reverend Prelate if he needs more information.

[Lord McColl of Dulwich (Con)]

My Lords, will the Minister ensure that these meals include whole milk as opposed to that rubbishy skimmed stuff? If children are fed on whole milk, as 8,000 in Canada were, there is no obesity.

[Lord Agnew of Oulton]

I heartily agree with the noble Lord. It is an extraordinary conundrum that you pay just as much in a supermarket for that thin stuff with the red top as for full-fat milk.

[Baroness Goudie (Lab)]

My Lords, the Minister seems to forget that children are the future of this country. He hides behind the statistics. We should give free school meals to many more children than at present and help children to get those meals at a much younger age, perhaps even when they are nursery. If they are not fed properly now, they will not become healthy adults.

[Lord Agnew of Oulton]

My Lords, I can only come back to my earlier answers. Over the past eight years we have dramatically increased the number of children benefiting from free school meals, and are now spending £600 million to ensure that infant free school meals are widely available. That has a take-up of more than 86%.

[Lord Hamilton of Epsom (Con)]

My Lords, does my noble friend have the faintest idea where the statistic from the noble Lord, Lord Bassam, comes from; that is, that 5 million young people are living in poverty?

[Lord Agnew of Oulton]

Unfortunately I cannot answer that question. I think that the Children’s Society has come up with a number which again was without true validity. I do not think that that helps the debate.

[Lord Watson of Invergowrie (Lab)]

My Lords, the delay in the rollout of UC is surely a recognition by the Government that inter alia they have not offered proper protection to around 1 million children in poverty who would have become eligible for free school meals under the transitional arrangements. They are expected to miss out, at a cost of around £430 per child. As the noble Lord, Lord Addington, said, teachers know only too well that an undernourished child is in no fit state to be taught effectively. I have to say that the current Secretary of State for Work and Pensions is showing signs of a caring approach that was singularly lacking in her predecessor. Will the Government now adopt the policy consistently advocated by Labour and support all children living in poverty by completing the rollout while maintaining the existing rules under which all universal credit claimants are eligible for free school meals?

[Lord Agnew of Oulton]

My Lords, we debated this almost exactly a year ago. The key thing which may be being misunderstood is that the provisions we have put in place for children with parents on universal credit are for an expanded cohort of children. More children are now entitled to free school meals than were before universal credit.

Education, Health and Care Plans

Lord Agnew of Oulton Excerpts

Thursday 14th February 2019 Lords Chamber

[Lord Addington (LD)]

My Lords, I beg leave to ask the Question standing in my name on the Order Paper and draw the House’s attention to my declared interests in the register.

[The Parliamentary Under-Secretary of State, Department for Education (Lord Agnew of Oulton) (Con)]

My Lords, costs for parents and local authorities will vary, depending on the circumstances of individual cases. Local authorities and families can access free advice and information about SEN tribunal hearings. The vast majority of cases for education, health and care needs assessments are concluded without the need to resort to tribunal hearings.

[Lord Addington]

I thank the Minister for that reply. The British Dyslexia Association has provided me with figures which show that local authorities are having to fork out nearly £10,000 for each of these appeals and that parents are having to fork out over £6,000. “Tiger parents” are winning nine out of 10 of these appeals. Would the Minister care to speculate on the situation of somebody who is on the minimum wage, who cannot afford to spend £6,000 and who does not know how to deal with local bureaucracy, perhaps through having the same educational problems as their child? How well will they cope with this system?

[Lord Agnew of Oulton]

My Lords, the tribunal process is designed to be as accessible as possible. Parents should be able to appeal and present their case without the need for expensive legal representation; local authorities should also not need to engage lawyers. Free advice and support regarding appealing is available from the tribunal and SEND Information, Advice and Support Services, which exist in every local area. To put this in perspective, only 1.5% of cases are appealed through tribunals, so the percentage is not as serious as is often said. However, we accept that this is an issue, and we are looking at how we can improve it.

[Lord Blunkett (Lab)]

My Lords, there is a danger of us asking similar questions on this issue and goading the Minister into getting his fists up. I propose that he might talk to his Secretary of State about what is clearly a growing problem. While resource is fundamental to it, so is the process adopted by local authorities. Would he suggest to his Secretary of State that all English upper-tier local authorities might be drawn together for a meeting, so that they can examine best practice and ensure that, in the end, the money goes to the pupils, not the lawyers?

[Lord Agnew of Oulton]

To reassure the noble Lord, I would never take my fists to him under any circumstances. He raises a very important point, because a number of local authorities have literally zero appeals and others have a much higher proportion. It is important that we get them to talk to each other. There are a couple of other points to make. First, under the old regime that ended in 2014, the number of appeals was rising every year, so this is not a new trend. Also, under the new scheme we have two extra areas of potential appeal because we have a much wider age group—we now take them up to the age of 25, instead of just 16. We are also piloting in some areas the ability to appeal on the health and social care element. The main point the noble Lord makes about better collaboration between local authorities is well taken.

[Lord Geddes (Con)]

My Lords, could my noble friend advise the House whether the costs are always reimbursed if appeals are successful?

[Lord Agnew of Oulton]

My Lords, I do not have that information to hand but I will write to my noble friend to deal with it specifically.

[Lord Watson of Invergowrie (Lab)]

My Lords, autism is the special educational need that most often features in SEND appeals. Many of the cases are the result of local authorities having refused an education, health and care plan needs assessment, yet the majority of such appeals are won by parents. I very much take on board the point made by my noble friend Lord Blunkett about bringing local authorities together. But does the Minister accept that where a child has an autism diagnosis that fits in with the SEND code of practice, it should not be permissible for a local authority to deny that child’s family a needs assessment?

[Lord Agnew of Oulton]

The noble Lord is right that autism accounts for the highest proportion of all claims at about 43% of appeals. We are very much focusing on this as an area of concern. In December last year we announced a number of measures to help deal with this, including joining up the healthcare and education services to address autistic children’s needs holistically, developing diagnostics services to diagnose autism earlier, improving the transition between children and adult services so that no young people miss out, and improving the understanding of autism and all its profiles, including recently identified forms such as pathological demand avoidance.

[Lord Sterling of Plaistow (Con)]

My Lords, I declare a personal interest as I have a grandson who is on the spectrum; also, a lot of people who have mental disabilities are joining the Motability scheme through PIP. I completely support the point made by the noble Lord, Lord Addington: according to the Ministry of Justice, the figure is 89% and the cost was £34 million last year. We are fortunate to have a Minister who is hugely interested in trying to enhance the position of such people, but the real point I want to make is that this goes beyond money. The anguish of the parents and the upset is the key factor. Are there ways to expedite all the measures that we would like to see taken?

--- Later in debate ---

[Lord Agnew of Oulton]

I absolutely take my noble friend’s point. As all parents know, a parent can never be happier than their least happy child. There are huge emotional issues involved in this. That is why we are continually reviewing the policies, as we did in December last year, as I mentioned in reply to the noble Lord, Lord Watson. We are also increasing the capital funding available to special schools where they have severe difficulties relating to autism.

[Lord Storey (LD)]

My Lords, it is very easy to forget when talking about tribunals and costs to local authorities and to government that we are talking about children and young people who have special needs—in many cases severe special needs. The Minister will remember that when we established education, health and care plans in the Children and Families Bill, everybody celebrated. Now that celebration has turned into a nightmare as parent after parent does not get the package they need. The fact we now have parents going to the High Court demanding a judicial review is surely an indictment of where we are at.

[Lord Agnew of Oulton]

My Lords, as I mentioned in response to an earlier question, the percentage of appeals is 1.5%. Broadly, that is not much higher than under the old regime, which changed in 2014. This is a new way of dealing with children with needs and we need to remember that; we are still on a learning curve. We have made significant investment in this since it was rolled out—£391 million in total—dealing with a whole range of things such as the parent carer forums, where a key part of these reforms is putting parents at the centre of the process. But I accept that any level of appeal is causing distress and we are working to reduce it.

Multi-Academy Trusts: Salaries

Lord Agnew of Oulton Excerpts

Thursday 14th February 2019 Lords Chamber

[Lord Storey]

To ask Her Majesty’s Government what assessment they have made of salary levels in multi-academy trusts.

[The Parliamentary Under-Secretary of State, Department for Education (Lord Agnew of Oulton) (Con)]

My Lords, multi-academy trusts achieving value for money is at the forefront of my priorities. It is essential that we challenge trusts paying high individual salaries or with high leadership team costs. We have been doing this for more than a year, we have recently re-emphasised its importance, and we will continue to do so throughout 2019. High salaries and leadership costs need to be justified, with evidence of robust processes for setting salaries and reductions where appropriate.

[Lord Storey (LD)]

I am grateful for the Minister’s reply. I know that he is concerned about this matter. I was interested to read an advert by the Floreat free school for a PA to the chief executive and for finance officers. These important posts are all to be volunteers; clearly, the school does not have money in its budget to pay for them. At the same time, the chief executive of one of our multi-academy trusts is on a salary of £440,000—nearly three times the salary of our Prime Minister. At a time when schools are having to make cuts and struggling with their budgets, does the Minister not agree that this issue needs to be properly addressed?

[Lord Agnew of Oulton]

My Lords, I will deal first with the second part of the noble Lord’s question. The trust to which he refers is the Harris trust. Frankly, it is delivering the most extraordinary outcomes for children. If you take the cost of the chief executive’s salary and divide it by the number of pupils, it offers some of the best value for money that government could ever achieve.

[Noble Lords]

Oh!

[Lord Agnew of Oulton]

Noble Lords would not be saying that if they had a child who had just received an Oxbridge offer and had been there on free school meals. On the broader question of funding in the system, we announced last year an additional £1.3 billion. We have announced plans to reform the national funding formula so that disparities across the system are gradually ironed out. We are doing a great deal to support schools in becoming more efficient, which I can perhaps deal with in responding to later questions.

[Lord Forsyth of Drumlean (Con)]

My Lords, given the concern on the Liberal Benches about salary levels and value for money, and given the fantastic success of the Harris academics—I have visited four of the schools—might my noble friend the Minister consider commissioning an inquiry to demonstrate that value for money? Perhaps he might ask Mr Nick Clegg to lead it.

[Lord Agnew of Oulton]

The question answers itself. I would not want Nick Clegg anywhere near government now that—

[Noble Lords]

Oh!

[Lord Agnew of Oulton]

He is helping himself to a salary of some $7 million per year to promote an extraordinary organisation, which is generating mental health issues among many of our young people—and I will deal with that when answering the next Question.

[Lord Watson of Invergowrie (Lab)]

Now that the advertising is over, I make the point that in primary as well as secondary academies, head teachers earn on average more than their counterparts in the maintained sector while paying their teaching staff less than teachers’ counterparts in that sector. This is the sort of avarice that results when schools are allowed to abandon national pay scales. The Minister talked about writing to academy trusts and he did so—to those where senior staff earn more than the Prime Minister. But they can ignore him, because he has absolutely no power to compel them to moderate senior pay. It is not just salaries that are out of control in academies. The academy trusts themselves are out of the control of government Ministers; that should not be the case. Will the Government introduce measures to ensure that academy trusts are held fully accountable for the public resources they spend? The next Labour Government will certainly do so.

[Lord Agnew of Oulton]

My Lords, I do not think the noble Lord understands the degree of scrutiny to which academy trusts are subjected. It is a far higher level of scrutiny than local authority schools receive. They have to submit audited accounts every year; a comparable school in the local authority sector is audited only every three or four years on average, and that information is not published or easily available. So I disagree fundamentally with the noble Lord’s point. Regarding comparable salaries in the two sectors, a head teacher of a secondary academy is on an average of about £92,000 per year compared with £88,000 for a maintained secondary head, but the heads of academy schools have more responsibilities. The noble Lord says that we do not have any leverage but, according to the results of a recent survey, the Kreston report, in the highest of six bands—schools with 5,000 to 10,000 pupils—salaries have fallen from £140,000 to £114,000.

[Baroness Garden of Frognal (LD)]

My Lords, the noble Lord has just referred to the £140,000 salary, which the Minister described as reasonable. In the world of finance that he comes from, that might be a reasonable salary. In the world of education, which I come from, it is nothing short of obscene. At a time when teachers are experiencing real pay cuts and often having to subsidise teaching materials because there is nothing in the school budget to pay for them, how on earth can the Government justify this unacceptable face of education?

[Lord Agnew of Oulton]

My Lords, the justification is very simple: you take the number of pupils in that trust, divide the senior management team costs by that number and look at the extraordinary results being achieved. These schools were failing; they had been abandoned by local authorities for decades. These children are now getting extraordinary life chances.

[Lord Harris of Haringey (Lab)]

My Lords, I first declare that I have no connection with the Harris academies. What assessment have the Government made of the correlation between academy trusts and their senior management and the number of instances of fraud or serious misconduct in the presentation of statistics?

[Lord Agnew of Oulton]

My Lords, as I said in my earlier answer to the noble Lord opposite, academy trusts are subject to a great deal of scrutiny and we continue to review this. For example, from April of this year, any academy trust requiring a related-party transaction in excess of £20,000 needs prior approval from the ESFA, the agency which manages them, and all have to be disclosed. Those are not requirements for local authority schools.

[Lord Grocott (Lab)]

My Lords, there is a crucial difference between local authority schools and academies, I would have thought, to anyone who believes in democracy. Ultimately, if parents or residents in an area do not like the performance of the schools in their local authority, they have the capacity to remove leaders in an election. Accountability via a local election is the best form of accountability. Is that not the fundamental difference between local authority schools and academies? Once the leadership of the latter is set up, there is very little anyone can do about removing it.

[Lord Agnew of Oulton]

My Lords, if that system worked, we would not have had hundreds, if not thousands, of failing local authority schools, which perpetuated themselves for decades.

Schools: Climate Change Strike

Lord Agnew of Oulton Excerpts

Wednesday 13th February 2019 Lords Chamber

[Lord Greaves]

To ask Her Majesty’s Government what advice they are giving to schools whose students plan to take part in the pupils’ strike on climate change on 15 February.

[The Parliamentary Under-Secretary of State, Department for Education (Lord Agnew of Oulton) (Con)]

My Lords, we understand the importance of the issue but missing school is not the solution. Absence causes disruption for other pupils and for teachers, as schools seek to ensure that absent pupils catch up with the work that has been missed. Ultimately, if a pupil is absent from school, it is for schools to decide whether to authorise the absence. Advice on recording absence is included in the school attendance guidance.

[Lord Greaves (LD)]

My Lords, is it not the case that today’s pupils and students will be the ones who, over the next 60 or 80 years or more, will suffer the most from the disastrous consequences of climate change unless those of us who are of a rather more advanced age today deal with the matter quickly? Will the Minister give a clear guarantee that the students who decide to take part in the action on Friday on the basis of a personal decision conscientiously made will not be punished or suffer any retribution as a result?

[Lord Agnew of Oulton]

My Lords, as I said in my Answer, it will be for the head teachers of the schools affected to consider whether the absences are authorised. On the other part of the noble Lord’s question, our efforts on climate change are a tremendous success story. According to PwC, we are the fastest G20 country to decarbonise since 2000 and, according to a Drax report, we have been independently assessed as leading the world in decarbonising electricity since 2008 and as being one of the fastest countries to phase out coal-powered generation. All those things will benefit the next generation.

[Baroness Lister of Burtersett (Lab)]

My Lords, could the Government be more creative in their thinking and interpret the strike as an encouraging example of young people’s active citizenship and civic engagement, the implications of which could usefully be explored in citizenship education classes?

[Lord Agnew of Oulton]

My Lords, I do not accept that taking time off school in the middle of term is useful for children. All the evidence suggests that time off school affects their education. We have made tremendous progress in attendance levels over the last 10 years, and in any way validating this sort of behaviour does not help children.

[Lord Hamilton of Epsom (Con)]

My Lords, further to my noble friend’s Answer, can he explain why it is right for children to go on strike during term time at a cost to the taxpayer and to their own education? Why can they not leave these protests until the holidays?

[Lord Agnew of Oulton]

My noble friend asks a very valid question, and it is one that I have asked. Children have 15 weeks of holidays and half-terms in which to demonstrate without incurring disruption and extra workloads for their teachers. An average primary school lesson costs £1,600 and a secondary school lesson about £1,900, so school is where they should be.

[Viscount Ridley (Con)]

My Lords, why do we not encourage children to strike every Friday—about terrorism next week, about overfishing of the oceans the week after and about social media the week after that? It would make the Government very popular if we gave children an extra day off school every week.

[Lord Agnew of Oulton]

As keen as I am to make our Government popular, that is not a route that I advocate.

[Baroness McIntosh of Hudnall (Lab)]

My Lords, I wonder whether the Minister is taking this Question entirely seriously. The question from my noble friend concerning active citizenship is not to be brushed lightly aside. Young people have few enough opportunities to demonstrate that they have understood the issues of the day for them and their generation. This might be one of them, and perhaps the Minister would like to look at it again in that light.

--- Later in debate ---

[Lord Agnew of Oulton]

I understand the noble Baroness’s passion for the subject. We are all concerned about the climate. As I mentioned in an earlier answer, we are ahead of the world in many of the things that we are doing on climate change. Indeed, the Guardian reports that last year the UK was the only country in the EU to reduce its electricity consumption, whereas all the other countries increased it. We are doing an enormous amount. If these children stayed in class, they could learn about some of the things that we are doing. We have science and geography curriculums, and we have citizenship education. Those are all opportunities to learn about these important matters.

[Lord Harries of Pentregarth (CB)]

My Lords, does the Minister agree that citizenship education in this country is unfortunately in a very parlous state at the moment? In many schools, it is simply not being done; in others, it is being done very badly. I will follow up on the question from the noble Baroness, Lady Lister. Without supporting strike action, perhaps we could encourage the headmasters of the schools where children go on strike to engage more fully in citizenship education, so that their pupils will know how to make a difference.

[Lord Agnew of Oulton]

To give the noble and right reverend Lord some reassurance, I say that we have recently issued new guidance for Ofsted inspections and all these points are being moved up the profile for children. Today’s first Question—it showed the House working at its best, with cross-party debate—was about the use of plastic, which is something children can be much more active in. How many young people do noble Lords see on the Tube drinking bottles of water which are then thrown away? Young people can actively participate in that, much more than on long-term climate change, which we are already dealing with.

[Lord Storey (LD)]

My Lords, first, can we applaud the fact that young people really care about this issue? We quite often moan that they do not bother about anything. Secondly, I remind the Minister that his former Secretary of State, Mr Gove, tried to remove climate change from the curriculum. It was thanks to Ed Davey in the environment department that we won that battle. Finally, given that this is such an important issue, why do we not have a national climate change day, when schools and communities could discuss this important topic?

[Lord Agnew of Oulton]

My Lords, it is up to schools to find the specific parts of their curriculum. We announced £10 million of investment to support schools to share best practice on behaviour management, and indeed on matters of this kind.

Teacher Recruitment and Retention Strategy

Lord Agnew of Oulton Excerpts

Tuesday 29th January 2019 Lords Chamber

[The Parliamentary Under-Secretary of State, Department for Education (Lord Agnew of Oulton) (Con)]

My Lords, with the leave of the House, I will now repeat as a Statement the Answer given yesterday in the other place in response to an Urgent Question on the Government’s teacher recruitment and retention strategy. The Statement is as follows:

“Last year, we recruited over 34,500 trainee teachers into the profession—over 2,000 more than the year before—but the growing number of pupils means that we need even more teachers at a time when we have the most competitive labour market on record. Today, the Government have launched the teacher recruitment and retention strategy, outlining our priorities ahead of the spending review. First, we are creating the right climate for head teachers to establish the right cultures in their schools. Secondly, we are transforming the support for early-career teachers. Thirdly, we are building a career offer that remains attractive as teachers’ lives and careers progress. Fourthly, we are making it easier for great people to become teachers.

At the heart of the strategy is the early-career framework. Developed with teachers, head teachers, academics and experts, and endorsed by the Education Endowment Foundation, it underpins what all new teachers will be entitled to be trained in at the start of their career, in line with the best available evidence. The early-career framework will underpin a fully funded two-year package of structured support for all early-career teachers, including additional time off-timetable for teachers in their second year and fully funded mental health training.

By the time the new system is fully in place, we anticipate investing at least an additional £130 million every year to support the early-career framework delivery in full. This will be a substantial investment, befitting the most significant change to the teaching profession since it became a graduate-only profession. In addition, the recruitment and retention strategy outlines how the Government are going to create the right climate for head teachers to establish supportive cultures in their schools, where unnecessary workload is driven down. This includes consulting on replacing the floor and coasting standards, with Ofsted’s “requires improvement” as the sole trigger for an offer of support.

The recruitment and retention strategy, including the early-career framework, has been developed closely with the sector. Its publication marks a crucial milestone for the profession, as well as the start of a conversation between government and the profession about how best to deliver on the promise of this strategy”.

[Lord Watson of Invergowrie (Lab)]

My Lords, I thank the Minister for repeating the Statement, and welcome much of the strategy, as well as the fact that the teaching unions were fully involved in formulating it. It was certainly a long time in the making. The Government published their response to the Workload Challenge consultation four years ago next month, and the Secretary of State promised this strategy 10 months ago.

With official figures showing that teachers leave the profession at the same rate as they enter it—and with secondary school rolls due to rise by 15% in the next six years—we welcome the clarification from the Schools Minister yesterday that the £130 million annually pledged to support the strategy is indeed new money, but we shall watch closely to ensure that that commitment is delivered.

I have two questions for the Minister on issues with which I am sure he will be familiar, as they relate to academies. First, will the requirement in the early-career framework to give second-year newly qualified teachers time off-timetable be extended to every school, including academies? Secondly, the plans for a teaching school review are vague, but it seems the Government want to hand their responsibilities over to multi-academy trusts. Can the Minister say how schools that are not part of a MAT will be able to participate in these collaborative partnerships?

Finally, there is the elephant in the room in this whole debate: teachers’ mental health, which is in crisis, with studies showing that 40% of teachers are on medication. You cannot have a meaningful policy on retention and recruitment—I have advisedly reversed the order because in many ways retention is more important—without properly addressing mental health issues encountered by teachers. The Statement makes passing reference to fully funded mental health training, but what does that mean? Does it refer to teachers’ own mental health or that of their pupils? Even that brief reference relates only to early-career teachers. What do the Government have to say about support for those whose careers have developed further than that, and where is the issue of mental health in the strategy itself? I have been unable to locate it where it most sensibly should have been placed: in Chapter 3 or, failing that, Chapter 2—but no. It cannot be assumed that workload is the sole contributing factor. Making assumptions is always dangerous, and failure even to acknowledge mental health is more dangerous still, not just for the valued professionals who are our teachers but for the children to whom we entrust them.

I accept that the Minister may be unable to respond to all these issues, but we believe they are important and I ask that he writes to me to set out the Government’s position, if that is more convenient.

[Lord Agnew of Oulton]

I thank the noble Lord for his questions. Dealing with the ones that I can address straight away, I reassure him that academies will be included in the early-career framework. This is a strategy for the entire state-funded system.

Regarding the question on teaching schools, we are reviewing this at the moment and have not fully completed our thinking. One issue of concern to us is that there are too many teaching schools that between them are not receiving enough money to meaningfully engage with the surrounding areas that they are being asked to help. We are looking to rationalise that. We hope that good multi-academy trusts will play a role in that, but we are certainly not seeking to exclude good schools.

I agree with the noble Lord that retention is more important than recruitment, because there is no point pouring people into a bucket with a hole at the bottom of it. We have given a lot of consideration to how we improve retention. A big problem is the workload and how it is being imposed, particularly on young teachers. We are aware from the figures for those leaving the profession that the percentage of younger, newly qualified teachers leaving the profession is one of the highest categories. We are working on that. There are several areas of concern; for example, the pernicious expectation that young teachers should be responsible for planning their own lessons, when we want to encourage schools to provide much more support.

I shall write separately to the noble Lord to address his concerns on mental health.

[Lord Storey (LD)]

My Lords, I am grateful to the Minister for his Statement, in which he gave the context and rationale for the teacher recruitment and retention strategy that was published yesterday. I am delighted that the Government have worked with the co-signatories listed on the inside cover. The tone of the strategy is very positive.

I do not agree however, that it is a full national strategy, as there is more work to be done. How are middle leaders to be developed, and do those who manage MATs need knowledge and perhaps experience of how schools work? While the partnerships in the document reflect a new beginning for schools, what role do the Government see for local authorities, which, after all, are the largest employers of teachers? What a pity they were not involved in the formation of the strategy.

The strategy starts by stating that,

“there are no great schools without great teachers”.

Hear, hear.

[Lord Agnew of Oulton]

My Lords, the focus is on early-career teaching at this stage. We have outlined four key areas. One is funding, which will allow teachers in their second year to reduce their timetable by 5%. We are encouraging a reduction in teacher workload, which I covered a moment ago, and a more diverse range of options for career progression, which will help teachers further along in their career. We want to continue to make sure that teaching is considered a great career for those coming into it. We launched an initiative last year called Discover Teaching. Some 13,000 potential recruits have been through that system.

We need to see how the first phase of this programme evolves. We are rolling out some pilot areas in September next year: Bradford, the north-east and one other area which I shall find in my notes in a moment. We will learn from our experience of how those work before we implement the programme across the country.

[Lord Pickles (Con)]

I have always been quite surprised at the lack of support for new people entering the teaching profession, compared with other professions. My noble friend has spoken about some of the burdens. Can he talk a little about the positive help that the new strategy will give to newly qualified teachers in the first couple of years?

[Lord Agnew of Oulton]

Yes, as I mentioned a moment ago, newly qualified teachers in their second year will have 5% taken off their teaching timetable—that is in addition to the 10% taken off the timetable in the first year. High-quality, freely available curricular and training materials will be designed to complement the early-career framework. There will be funded early-career framework training programmes and support from a trained mentor, including funding to take into account the additional call on mentors’ time in the second year of induction.

[The Lord Bishop of Ely]

My Lords, I am grateful to the Minister for his Statement and for this way forward. First, he knows that the Church of England runs many small rural schools, and recruitment and retention is always a creative challenge. Have the Government considered how the strategy is to be rural-proofed for full application across the country? Secondly, Chapter 3 talks about further leadership development. Can the Minister tell us whether the Government are going to continue to encourage bodies such as the Church of England Foundation for Educational Leadership in developing professional qualifications for middle leaders and heads of MATs?

[Lord Agnew of Oulton]

I share the right reverend Prelate’s concerns about rural schools. We have particular funding pots within the overall formula—sparsity funding, for example—which give a typical small rural primary school an additional £135,000 a year and a small secondary school £175,000. We are committed to the various ongoing training programmes. Only this morning, I was addressing a group of some 80 people involved in professional development training and encouraging them in what they were doing. I absolutely support what the right reverend Prelate has said.

[Baroness Morris of Yardley (Lab)]

My Lords, I broadly welcome the announcement. There is a lot in it that offers hope for the future. The challenge will be in implementing it. I think it is overclaimed. I do not think it is the biggest change since teaching became an all-degree profession. Indeed, there are not many individual proposals that have not done the rounds before, so it is worth learning from them. The advanced skills teacher has been redesigned under a different title.

I have two questions. I very much welcome the protected time that will be offered for new teachers. I listened to what the Minister said about the amount of money that will be put into the system. Can he confirm that it will be ring-fenced when it gets to school level? Otherwise, in times of diminishing budgets, it will not get spent on the purpose for which it was intended. Secondly, how is he going to overcome the problem of making excellent schools that are not academies part of the school-led improvement system if he is going to give a lot more power to multi-academy trusts?

[Lord Agnew of Oulton]

I will have to write to the noble Baroness to confirm whether the money will be ring-fenced at school level. Certainly, our preference is to give autonomy to schools, but I will check on it and come back to her. Support is aimed beyond academies at all state schools. Only just over 50% of pupils are in academies today, so it is not our intention to see those still in the local authority system left behind.

Children: Special Educational Needs

Lord Agnew of Oulton Excerpts

Tuesday 22nd January 2019 Lords Chamber

[Lord Blunkett]

To ask Her Majesty’s Government what assessment they have made of whether the resources allocated in the October budget to support children’s services will provide sufficient additional funding to meet the needs of children with special educational needs who are not currently in receipt of support through Education, Health and Care Plans.

[The Parliamentary Under-Secretary of State, Department for Education (Lord Agnew of Oulton) (Con)]

My Lords, the resources allocated in the autumn Budget for children’s services support were not intended to make specific provision for children with special educational needs. We provide funding for local authorities to support such children through the dedicated schools grant. Core schools funding will be more than £43.5 billion next year. The national funding formula uses a range of factors which estimate the number of children with additional needs to allocate this funding.

[Lord Blunkett (Lab)]

My Lords, I welcome the £350 million over the next two years, which the Minister decided not to mention—God bless him. But when we think back to the passage of the Children and Families Act under the coalition, there was all-party and no-party support for the idea that those who did not actually need to get a statement would be supported both in open education and in special schools. Now we have a position where people are desperately struggling, including a blind child going to court here in London this week who is struggling to get into open education. In Sheffield there is an effort to get 18 and 19 year-olds through the barrier that stops them carrying on receiving funding. Surely now it is time for all of us to require the Chancellor of the Exchequer in the forthcoming spending review to meet the £1.6 billion shortfall and ensure that children and parents do not have the fear and the struggle they have at the moment to get the support they need to be properly educated.

[Lord Agnew of Oulton]

My Lords, first I compliment the noble Lord on all he has achieved in his career, starting with a disability. It should be an inspiration to all the children in the system at the moment. I can confirm that the Government are completely committed to helping these vulnerable children. Spending plans beyond 2019-20 will be set at the next spending review, but we are committed to securing the right deal for education, including for those children and young people with special educational needs. More specifically, we are providing education, health and social care teams with legal training. SEND inspections are identifying good practice and where improvement is needed. Parent/carer forums are promoting the engagement of families and putting them at the heart of this issue.

[Lord Addington (LD)]

My Lords, does the Minister not agree that the vast majority of those with special educational needs should not be considered for education, health and care plans because they have moderate or lesser degrees of difficulty? These can be dealt with only by making sure that school staff, teachers and teaching assistants, are properly trained. That will save money all round and make the young people’s lives better. What are the Government doing about continual professional development for those people already in the system so that we can meet their needs without their having to go to court?

[Lord Agnew of Oulton]

My Lords, I completely agree that the first priority is to try to keep children with special educational needs in mainstream education unless they have very severe challenges. To give an example of what we are doing to improve that, we are funding the Autism Education Trust to deliver awareness training for education staff, and we have trained 195,000 people in this programme.

[Lord Low of Dalston (CB)]

My Lords, there appears to be particular difficulty in funding places for children with special needs at special schools—above all when they are residential and may be more expensive. Would the noble Lord not agree that it is vital that funding should be found so that children with special needs receive the most appropriate education?

[Lord Agnew of Oulton]

I agree with the noble Lord that residential special education is extremely expensive. One of our current problems is that local authorities tend to send a lot of children out of area to expensive residential solutions. We are trying to deal with this by increasing the number of specialist free schools around the country; we announced a £50 million capital funding pot in May of last year, bringing the total to £265 million, and in March we announced sponsors for 14 new special schools. In the announcement in December, to which the noble Lord, Lord Blunkett, referred, we also agreed to remove the cap on applications for new special and alternative provision free schools.

[Lord Storey (LD)]

My Lords, the Minister will perhaps know that up to 2,000 young people on education, health and care plans have received no provision at all. Increasingly, parents are taking legal action against local authorities. Are we not in danger of replicating what is happening in the National Health Service, where litigation costs have become astronomical?

[Lord Agnew of Oulton]

The noble Lord is right that we are concerned about tribunal costs—indeed, he has asked a Question on this subject that will be taken in a couple of weeks’ time, so we will be able to deal with it in more detail then. Last year, we introduced a new measure to see how many appeals were going to tribunals: it showed that, of all the decisions made in the year by local authorities, only 1.5% were appealed by parents, and a number of authorities are seeing zero or near zero appeals. So the challenge for us is to spread the good practice of those local authorities that have very low levels of appeal, to ensure that those which are less good are learning.

[Lord Watson of Invergowrie (Lab)]

My Lords, it is no surprise at all that the Minister did not refer in any of his replies to the fact that the Ofsted annual report, published last month and looking at SEND provision, painted a bleak picture. It said that children were being failed by the education system. Amanda Spielman, the Government’s own Chief Inspector of Schools, said:

“One child with SEND not receiving the help they need is disturbing enough, but thousands”—


which is the case—

“is a national scandal”.

And yet the Minister makes no response. At least she provoked the £350 million that my noble friend Lord Blunkett mentioned. But, as he also mentioned, the local authorities are in no way assuaged by that. They have estimated that that amount is less than a third of the deficit in special needs funding which they will be facing by 2021. At least this dysfunctional Government will be history by then. My question for the Minister is this: what would he say to the families of the 2,000 children to which the noble Lord, Lord Storey, referred, who have EHC plans but who are still not receiving any provision from them?

[Lord Agnew of Oulton]

The noble Lord is taking a figure rather out of context. It is simply wrong to suggest that they are not receiving education; this category is used for several situations, such as when pupils are already in one school but waiting for a place in another, or are over 16 and waiting for a place at a college or sixth form. Some of those deemed to be awaiting provision may also be older and have recently taken up employment, and a decision to end their EHC plan is in the process of being made.