National Autism and Education Strategy

Lord Agnew of Oulton Excerpts

Wednesday 16th May 2018 Lords Chamber

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

My Lords, we welcomed the publication in November of the report Autism and education in England 2017. We are carefully considering the recommendations, including creating a national autism strategy. Some recommendations reflect existing policy, such as our funding of extensive autism awareness training for school staff, improving local accountability and providing additional funding. The report is informing our thinking about the next steps in achieving our vision for the SEND system that we will confirm later this year.

[Lord Touhig]

My Lords, that is a very welcome response because I think we all agree that every child has a right to a good education and to reach their full potential. The National Autistic Society supported the report of the all-party group, which was chaired by two Conservative Members of Parliament, who did fantastic work. The report said that three things are needed: teachers should have autism training, schools should know how to make reasonable adjustments for youngsters who are autistic, and councils should make provision for school places now and for the future. Given that optimistic hope and the Minister’s response, will he agree to meet with colleagues across the House so we can press it further with him?

[Lord Agnew of Oulton]

My Lords, I am very happy to meet the noble Lord, Lord Touhig, and other members of that committee so we can discuss the recommendations and try to include them in our future strategy.

[Lord Sterling of Plaistow (Con)]

My Lords, I have an interest in this via Motability and also because my little grandson is on the spectrum. I congratulate the Government because there is interest in and support for the subject on all sides of the House, including from Ministers. The National Autistic Society has done a marvellous job over the years. There has been a lot of research, there are a lot of statistics and more work is being done in different areas. We know the answers now—there is a huge amount of knowledge. We need the money now. Can the whole system be brought forward so we can get on and give these youngsters the chance they deserve?

[Lord Agnew of Oulton]

My Lords, we have invested £373 million for local areas to implement SEND since 2014 and have just renewed a grant to the Autism Education Trust to help improve the training of education staff. It has trained some 150,000 staff since 2011-12. Awareness is very much rising in the education sector.

[Lord Addington (LD)]

My Lords, the Minister talked about awareness. Awareness only goes so far. Have the Government identified how many specialist support teachers they need—people trained specifically to meet the needs of this group—and at what density? Without that, you can have all the awareness you need but not know how to implement it properly.

[Lord Agnew of Oulton]

My Lords, the approach has very much been to include autistic children in mainstream education, and 72% of autistic children are. As I mentioned a moment ago, we are rolling out the training to staff to ensure that awareness of the condition is more widespread. That is certainly the intention. We have also invested substantially in the creation of special schools. Some 600 local authority maintained schools have a specialism for autistic children.

[Baroness Chisholm of Owlpen (Con)]

I welcome the fact that all teachers are going to be given autism awareness training when the new teacher training starts in September. Can this also include classroom assistants, who are often the first to see children who may have problems? They too need to have training to know how to deal with this.

[Lord Agnew of Oulton]

My Lords, as I mentioned in an earlier reply, the great work that the Autism Education Trust is doing extends not just to teachers but to all those involved in schools. I reassure my noble friend that that is very much part of our strategy.

[Baroness McIntosh of Hudnall (Lab)]

My Lords, the noble Lord will no doubt be aware that girls on the autism spectrum are often more adept than boys at concealing their difficulties and often go undiagnosed and untreated. What special arrangements are in place to improve the diagnosis of girls with autism?

[Lord Agnew of Oulton]

I cannot reply specifically on the condition in girls, but I am aware that the highest proportion of education, health and care plans are for people on the autistic spectrum. There is comprehensive acceptance that the new EHC plan system is working. In 2015, we carried out a detailed survey and found that 75% of parents and users thought that the young person was getting the help they needed, but I accept that we need to continue learning and improving in this process.

[Lord Christopher (Lab)]

My Lords, not in any way to underestimate the importance of education, but it seems to me that this extends quite a bit beyond that, and relates very much to the households of autistic children, not least when the autistic child is a boy and the other siblings are girls. I suggest that perhaps some attention be paid to the benefit of dogs in many of these households. I am sitting next to a dog now, who is wonderful at dealing with the difficulties my noble friend has, and I can see one sitting opposite me. I am aware of a number of families in which dogs have made a world of difference to the behaviour of these children in their homes. Although there are one or two small charities doing work in this direction, some expansion and co-ordination would be extremely helpful.

[Lord Agnew of Oulton]

My Lords, I completely agree with the noble Lord’s comments. I know of a vivid example in the academy trust I founded. We had a child on the autistic spectrum who was literally unable to speak to either pupils or staff in the school, although he was very bright. One of the teachers had the inspirational idea to bring a dog to the school. Within a month, that child was talking happily to the dog, and a few weeks beyond that was interacting with the children and teachers in the school. It might be useful to finish on the positive note that many people on the autistic spectrum go on to have remarkable lives, and I will give just a few examples: Hans Christian Andersen, Susan Boyle, Charles Darwin, Albert Einstein, Bill Gates, Thomas Jefferson, Steve Jobs, Michelangelo, Mozart and Isaac Newton. The whole spectrum of life can be enriched by people with this condition.

Schools that Work for Everyone Consultation

Lord Agnew of Oulton Excerpts

Monday 14th May 2018 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 shall now repeat in the form of a Statement the response by my right honourable friend the Secretary of State for Education to an Urgent Question in the other place on the Government’s response to the Schools that Work for Everyone consultation. The Statement is as follows:

“By 2020, core school funding will rise to £43.5 billion a year, the highest ever figure and 50% higher per pupil in real terms than in 2000. Last Friday, I announced important measures that create more good school places. This includes our response to the Schools that Work for Everyone consultation.

As previously announced to the House, we will not be enabling the creation of new selective schools. However, selective schools are an important part of a diverse education system and it is right that they can expand where there is need, as others can. The Autumn Statement 2016 announced funding for the expansion of existing selective schools, and on Friday I launched the selective schools expansion fund for existing selective schools that commit to improving access for disadvantaged pupils and working in enhanced partnership with local non-selective schools. Fifty million pounds is available in 2018-19.

We are retaining the 50% cap on faith-based admissions in free schools. I do recognise the positive role that faith providers play, and also recognise that some feel unable to establish new schools through the free schools programme. We are developing a capital scheme to support the establishment of new voluntary-aided schools. We will continue to work with universities and with independent schools to encourage them to work in lasting partnerships with the state sector. Our joint understanding with the Independent Schools Council sets out how independent schools will support this. Overall, this package of reforms will help to ensure that we are delivering a diverse education system providing choice and opportunity for all”.

[Lord Watson of Invergowrie (Lab)]

My Lords, I thank the Minister for repeating the Secretary of State’s Statement. Perhaps I may ask him, first, whether he can say when a breakdown of those who responded to the consultation will be published. Despite the fact that the Secretary of State has in the past stated that grammar schools were “not the answer” to social mobility and were “divisive”—both of which statements are beyond contradiction—we now have a situation where he and his department are standing logic on its head, for reasons that he himself was unable to explain in another place earlier today.

With regard to funding to allow grammar schools to expand, as the Minister has just mentioned, can he say whether they will be permitted to open so-called annexes across county borders, as has been suggested with regard to a school in Buckinghamshire opening an annexe in the Prime Minister’s constituency in Berkshire?

We welcome the fact that the Government have accepted our arguments for retaining the 50% cap in faith schools admissions, but perhaps the Minister can elaborate on the point made in the Secretary of State’s Written Statement published on Friday, which stated:

“we are also developing a capital scheme to support the establishment of new voluntary-aided schools for faith and other providers”.—[Official Report, Commons, 11/5/18; col. 25WS.]

What effect do the Government expect that development to have on the number of faith schools and/or the number of pupils admitted on the basis of their faith?

I reiterate a point that I made when the consultation document was published. Its title is not just a misnomer; it could even be said to be a deception because it is categorically not concerned with schools that work for everyone. The document itself has 36 pages but the number of times that those pages mention special educational needs and disability is zero. The Government’s belated response to the consultation has 16 pages but the number of times that those pages mention special educational needs and disability is, again, zero. So this is not about schools that work for everyone: it is about schools that work for everyone without special educational needs or disability.

So the Government’s commitment to selective education apparently extends to selecting the kind of children who are eligible for selective education. That is just not acceptable, and I invite the Minister to explain why children with SEND have been written out of the Government’s plans that were announced last week. If he is unable to do so now, I ask that he write to me, because that is an omission for which thousands of children and their parents deserve an answer.

[Lord Agnew of Oulton]

My Lords, the noble Lord has asked a number of questions. I hope I have been able to write them all down. I will have to write to him to give him a breakdown of the response to the original consultation.

On the annexes of existing grammar schools, we are very clear that for any grammar school applying for this fund it has to be a bona fide extension of an existing school. I cannot give the noble Lord exact distances but the spirit of the intention is very much that they are here for existing good grammar schools.

The capital scheme that we are talking about is a £50 million sum in the current year. I think it is important to put it into perspective: we envisage that it might create about 4,000 places. We have so far created 825,000 places since 2010 so it is a small amount in the overall context. However, it recognises that it is much more efficient for us to create good places in existing good schools. That is the logic that underpins it.

In relation to SEN, I do not have the detailed information here but I can say we have just announced 14 free schools specialising in special educational needs, including autism and mental health. I think we have opened something like 70 free schools over the last five years that, again, focus on special educational needs.

[Lord Storey (LD)]

My Lords, in terms of the Statement there are two important issues. The first is on the issue of selection. As a party we are totally opposed to the expansion of grammar schools, and I guess quite a large number of the members of the Government are too. The Minister knows perfectly well that had this been done in a different way, as was originally planned, he would not have been successful in getting it through the Commons, so this is a back-door way of trying to achieve that.

Why are we opposed to grammar schools? Every single study—whether by the Sutton Trust, Durham University, Education Datalab, the Education Policy Institute or the Institute for Fiscal Studies—says that it fails to find any evidence that grammar schools increase social mobility. In fact, it seems that children in a selective area who do not pass the 11-plus do worse than they would have done in a comprehensive area. We also know the effect the grammar schools often have on a community: they often take the best teachers, who want to teach in the grammar school, and of course they cream off pupils as well.

The Minister talked about developing a capital programme for grammar schools. Let us remind ourselves that only 5% of pupils go to grammar schools, and these plans will do nothing for the 95% of children who go to a local secondary school. In fact most grammar schools are in better-off areas; pupils in the north-east, most of East Anglia, the south coast and the west coast will not benefit from one penny of this money. We should also remember that when the Government increased the schools budget after the election, they did so by taking money away from local schools’ capital budget. They took money away from the capital programme of those schools, including PE facilities and other central projects. So what we are seeing here is money being taken and used for a small group of people, not even a geographical spread across the country.

If every single place at these expanding grammar schools went to children who were on the pupil premium, we would be talking about a very small number. However, if these grammar schools do not take children from disadvantaged backgrounds, what will the Government do about it?

[Lord Agnew of Oulton]

The noble Lord, Lord Storey, raises some important points. On the benefits of grammar schools, we know that pupils attending selective schools make better progress. On average, they achieve around half a grade better in eight GCSEs across core subjects compared to pupils with similar prior attainment in other schools. When disadvantaged children attend selective schools, the attainment gap is significantly reduced. So it is worth remembering that.

I want to tackle the issue of the low proportion of disadvantaged, free-school-meals children attending grammar schools at the moment. Launched in conjunction with the announcement on Friday were two important initiatives. First, to be eligible to apply for what we are calling the selective schools expansion fund, the grammar must submit a fair access and partnership plan. It has to set out very carefully what it is going to do about increasing the vulnerable group that the noble Lord refers to. Secondly, we also announced a memorandum of understanding with the Grammar School Heads Association, which represents 90% of all grammar schools, for it to take steps to widen access to all the other grammar schools. So they know where the wind is blowing on this. We are very focused on it.

[Lord Storey]

And if that does not happen?

--- Later in debate ---

[Baroness Oppenheim-Barnes (Con)]

My Lords—

[Lord Agnew of Oulton]

I was just going to finish my answer to the noble Lord, Lord Storey, on his question about capital. To put the £50 million sum in perspective, we are spending over £1 billion a year on basic-need increases across the country. I am not saying it is a trivial sum but I do not want people to think that we are literally raiding the pot for ordinary schools. Against that also, the capital allocation for schools in this spending round is £23.5 billion.

[Baroness Morris of Yardley]

My Lords, that was a pretty poor Statement and a poor response to the original consultation paper. In the original paper, the Minister talked about selective schools having to help with non-selective education if they were to justify their position. In that consultation paper, he outlined the possibility of a number of sanctions that would take place if grammar schools did not do their bit to help non-selective schools in the area. In the Statement that he has just made, there is no mention of sanctions. If selective schools that are expanding do not play their part in raising standards across their area, will he impose sanctions, as was his intention in the original consultation paper?

[Lord Agnew of Oulton]

My Lords, there is no intention to impose sanctions at this stage, but the very fact that we have made a short-term announcement on the allocation of capital is sending a message to the grammar school sector that if it does not play by the unwritten rules of increasing its access, it will not be able to carry on with any future expansion. I think this follows the approach that we have taken with universities, with the very big programme of universities spending nearly £200 million a year on widening access, and similar principles apply in this situation.

Manifesto to Strengthen Families

Lord Agnew of Oulton Excerpts

Wednesday 9th May 2018 Lords Chamber

[Lord Farmer]

To ask Her Majesty’s Government what assessment they have made of the policies recommended in the Manifesto to Strengthen Families, published on 6 September 2017; and what steps they plan to take in response to those recommendations.

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

My Lords, it is crucial that we seek to ensure that all children grow up in stable, nurturing families. As my noble friend knows, this is a wide-ranging, cross-cutting area. This Government have a broad set of policies to support families, including our childcare and early years offers, through to the DWP’s programme on parental conflict. We are considering the manifesto’s recommendations and will respond in due course.

[Lord Farmer (Con)]

My Lords, I thank the Minister for his reply. I know he is enthusiastic about family support. He spoke about it in his maiden speech during the debate on it. In my efforts to rally support for a strengthening family strategy, I have had several conversations with Ministers and civil servants who have expressed frustration at the lack of clarity about who leads this vital agenda. They are concerned that they are stepping on to other Ministers’ territory, which is preventing any real progress being made. When will the Government appoint a Cabinet-level overlord who can co-ordinate family policy across government?

[Lord Agnew of Oulton]

My Lords, as I mentioned, the Government are actively considering the recommendations set out in my noble friend’s manifesto. In my preparation for this Question, I spoke to an official in Downing Street who had had at least six conversations with my noble friend. Officials are treating this very seriously. The model of a specific brief—such as an equalities brief—being attached to a Cabinet Minister is a good one and deserves careful scrutiny. We shall continue to engage with my noble friend on this issue. I know he has also recently met my honourable friend the Minister for Children and Families Nadhim Zahawi and discussed elements of the recommendations with him.

[Baroness Lister of Burtersett (Lab)]

My Lords, we know that the stress created by poverty and hardship can undermine families. Can the Minister explain what the Government’s policy of abolishing benefits—tax credits and universal credit for children after the second child—will do to strengthen families?

[Lord Agnew of Oulton]

My Lords, since the coalition and this Government took office, we have focused on the more disadvantaged families. For example, the troubled families programme is budgeted to spend £920 million helping nearly 290,000 families in most need. What is interesting is that the number of children defined as children in need has declined by 14% after they have been involved in this programme for 12 months.

[Baroness Tyler of Enfield (LD)]

Will the Minister say what specific steps the Government propose to take to support the mental health and well-being of children affected by high-conflict parental separation, particularly those who have experienced or witnessed domestic violence and abuse?

[Lord Agnew of Oulton]

My Lords, this Government have committed £1.4 billion to the mental health of families and children. We know that this is extremely important. Parental conflict is three times more likely to occur in poorer families than in those who are better off. This is why we are focusing on this area.

[The Lord Bishop of Chester]

My Lords, prior to publication of the manifesto, the previous Prime Minister declared that a family test would be applied to all government policy. Would this not require not just a Cabinet-level overseer but for each department to have someone responsible for applying the family test? Does that exist?

[Lord Agnew of Oulton]

My Lords, the family test was introduced in 2014. It includes five questions. I will not go through all of them but I will mention a couple just to illustrate what we are trying to do: first, what kind of impact might the policy have on family formation; and, secondly, what kind of impact will the policy have on families going through key transitions such as becoming parents, getting married and so on? So the test is already operating on a voluntary basis. We are cautious about making it statutory because that would very much remove flexibility in how it was used.

[Lord Watson of Invergowrie (Lab)]

My Lords, the document in question seems to yearn for a return to an age when the nuclear family was ubiquitous. Social norms have moved on a bit in the past 50 years, and to advocate, as the document does, tax benefits for married couples alone unfairly stigmatises not just single parents but the children in such families. The manifesto of the noble Lord, Lord Farmer, also advocates family hubs. These already exist; Labour created them with the Sure Start programme, and by 2010 there were some 3,600 children’s centres, reaching almost 3 million children and their families. Those figures are now halved as the result of a succession of budget cuts. Will the Minister explain how that squares with the Conservatives’ claim to be the party of families?

[Lord Agnew of Oulton]

My Lords, we recognise the value of family hubs. We have perhaps slightly shifted the emphasis with, for example, the introduction of 15 hours’ free childcare for the most disadvantaged children in this country. In the last two years participation has gone up from 58% to 71%, and 500,000 children now benefit from it. We believe that is a very effective mechanism to work alongside children and family hubs.

[Baroness Finlay of Llandaff (CB)]

My Lords, do the Government recognise the need for an alcohol strategy as part of maintaining family integrity, given the figures showing that when there is dependency there is physical abuse in over one-third of families, which falls to 10% during recovery programmes, while mental health issues in other family members presenting to clinical services fall from two-thirds of families to one-third when there are adequate programmes in place?

[Lord Agnew of Oulton]

My Lords, we recognise the damage that alcoholism can do to families. We estimate that there are some 200,000 children living in households where alcohol dependency is a problem. We have launched a number of initiatives: the DWP has announced a £4.5 million innovation fund aimed at local authorities to support them in implementing evidence-based interventions; there is a £1 million fund for the voluntary sector and not-for-profit organisations to take forward projects to build capacity nationally; and there is a £500,000 fund for the expansion of an existing helpline to increase the support available to children with alcohol-dependent parents.

Child Safeguarding Practice Review and Relevant Agency (England) Regulations 2018

Lord Agnew of Oulton Excerpts

Wednesday 9th May 2018 Grand Committee

Moved by

[Lord Agnew of Oulton]

That the Grand Committee do consider the Child Safeguarding Practice Review and Relevant Agency (England) Regulations 2018.

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

My Lords, these regulations are essential to implement the safeguarding reforms set out in the Children Act 2004, as inserted by the Children and Social Work Act 2017. I welcome the work of the Secondary Legislation Scrutiny Committee in drawing these regulations to the attention of the House as an instrument of interest.

These reforms aim to improve the protection of children. As noble Lords may recall, they were based on the findings of the 2016 Wood review, which found widespread agreement that existing multi-agency working arrangements should be replaced with a stronger, more flexible statutory framework. Alan Wood also recommended a learning-focused system of reviews to replace serious case reviews. The Act enables the establishment of the Child Safeguarding Practice Review Panel. The panel will identify and commission reviews of serious child safeguarding cases which are complex or of national importance.

I am glad that, following a recruitment exercise conducted in accordance with Cabinet Office procedures, Edward Timpson has agreed to take on the role of panel chair. Following his advice and that of a skilled and representative assessment panel, we last week confirmed five appointments who will bring a range of experience to support him in this important work.

The Act also requires the three safeguarding partners —police, clinical commissioning groups and local authorities—to work together to make arrangements to safeguard and promote the welfare of children in their area. As part of this, they must determine the agencies with whom they intend to work. They must also identify and commission reviews of serious cases which raise issues of local importance.

These regulations will enable these provisions to operate effectively. The regulations set out the criteria which the panel must take into account when deciding whether to commission a national review. The panel must also set up a pool of potential reviewers. This arrangement will support our aim of improving the speed and quality of reviews. The panel may, however, select other reviewers if no one in the pool is available or suitably experienced. The panel may also remove potential reviewers from the pool.

As the panel cannot let its own contracts, the Secretary of State will hold the contracts with reviewers. Therefore, these regulations require the Secretary of State to appoint or remove reviewers from national reviews based on the panel’s recommendation. The regulations also specify details of the panel’s supervisory powers during a national review and of its final reports, including publication. Requiring public availability of reports for at least three years will ensure that national-level learning can be spread throughout the system, the key purpose of these new provisions.

The regulations also cover local reviews—the responsibility of the safeguarding partners. As for national reviews, the provisions cover review criteria, the appointment and removal of reviewers, reports and publication. Like the panel, safeguarding partners must make decisions on when it is appropriate to commission a local review, taking local review criteria into account. This includes any advice from the panel on whether a local review may be appropriate. The regulations support the timeliness and quality of local reviews. The safeguarding partners must monitor the progress and quality of local reviews and may seek information during the review to enable them to assess this. The regulations also specify some details that final reports must include and require reports or findings to be available for at least one year.

The regulations set out a list of agencies with which the safeguarding partners may choose to work. The Government first published the list in indicative regulations during the passage of the Bill. Safeguarding partners should select agencies relevant to their local areas. The list of those selected may change from time to time, although we expect schools always to be involved. The safeguarding partners should consult the agencies selected, and the published arrangements should include a list of those agencies. Duties on relevant agencies apply only to agencies included by the safeguarding partners in local arrangements. The Government consulted on these regulations and the associated statutory guidance last autumn. Consultees were largely positive, although some clarifications were made to the regulations as a result.

The panel will begin work on 29 June 2018, when the transition to the new multi-agency arrangements will also commence. Safeguarding partners will have 12 months to prepare and publish their arrangements, including selecting relevant agencies, and a further three months to implement them. Provided that the regulations are agreed, we will publish the final version of the statutory guidance Working Together to Safeguard Children within the next few weeks. This will support the new arrangements and complement these regulations.

I thank all those who have contributed to work on these reforms, including noble Lords present. These regulations will support more flexible joint-working arrangements, as well as promote better and more timely learning from reviews, and I commend them to the House. I beg to move.

[Lord Storey (LD)]

My Lords, the protection of children is perhaps one of the most important things that we should be doing. We welcome the safeguarding practice panel; if noble Lords do not mind me saying so, what an inspired choice Edward Timpson is as its chair. His work on the Children and Families Act was second to none.

I want to raise a particular issue that I hope the Minister will address: self-employed tutors. Unlike tutors employed by agencies, they are not legally obliged to apply for a Disclosure and Barring Service, or DBS, check. Accountants, vets, even traffic wardens are required to have such checks, despite the fact that their jobs do not involve regular access to children, yet private tutors who regularly work and are involved with children do not. In a Commons Oral Question, the Parliamentary Under-Secretary of State for Education said:

“It is ultimately the responsibility of parents to assure themselves about the suitability of any private tutor they might choose to employ before they engage them, for example by seeking and checking references, and asking to see a copy of any Disclosure and Barring Service certificate”.—[Official Report, Commons, 19/3/18; col. 12.]


As it stands, self-employed tutors cannot apply for a DBS check. Instead, they can apply for a subject access request, containing similar information, for a fee of £10, but they are not legally obliged to do so. I hope that the Minister will use this opportunity to deal with this rather strange anomaly. Either we insist that all tutors, whether self-employed or employed by an agency, have the correct requirements or, as a second-best option, they can apply for the certification, as suggested by the Parliamentary Under-Secretary.

--- Later in debate ---

I do not wish to say much more. The panel and its chair have very important work to do, and we hope it will quickly establish itself and help to restore some of the faith in the appropriate examination of child abuse cases that the public have, to a significant extent, lost in recent years.

[Lord Agnew of Oulton]

I am most grateful to the noble Lords for their comments and questions on these regulations. I can address some of the points raised. The noble Lord, Lord Storey, raised an important point about the role of tutors and how they should be checked. I will write to him on that, as it is a technical matter.

The noble Lord, Lord Watson, raised several other points and I will try to address those. In terms of funding, it is important that the local areas have the flexibility to fund the arrangements that they design. The safeguarding partners should agree the level of funding secured from each partner, which should be equitable and proportionate, and the contributions from each relevant agency to support the local safeguarding arrangements. The funding should be sufficient to cover all elements of the arrangements. Any requirements for the national panel will be funded from the centre. We do not predict that there will be additional costs because we are hopeful that this will remove a lot of the overlap that there is in the system at the moment.

I am pleased that there is strong cross-party support for the appointment of Edward Timpson. He is very experienced in this area, but I take note of the noble Lord’s point about him being overstretched. The exclusion inquiry that he is looking into at the moment is a relatively short inquiry and should be completed within a few months, so I do not think that there will be significant overlap.

On costs, the fees and expenses of the members and chairs will be published and will be in line with the rates paid to other, similar expert panels.

The panel member that the noble Lord, Lord Watson, referred to is from an academy trust. We would also consider someone from a local authority who has experience at senior level. Both the Chief Social Worker and Mark Gurrey will bring that as well to the team.

[Lord Watson of Invergowrie]

I accept the local authority involvement regarding those named, but I was particularly talking about local authority education, because there has been some concern expressed that education has been left out of the loop, as it were, in terms of those involved. For education to be introduced only in the form of what appears to be a businessperson from an academy trust—I do not know her experience beyond that—without anyone from the maintained sector is a concern. Can the Minister answer the question that I posed earlier, that the figure of five on the panel is just the opening number and that it can be—and probably will need to be—increased?

--- Later in debate ---

[Lord Agnew of Oulton]

My Lords, I agree that we should keep an open mind on the size of the panel. We have made clear through the statutory guidance that all the published local safeguarding arrangements must set out how relevant agencies, including schools and education providers, will be engaged with the multiagency working. The multi-academy trust member that we referred to, Dr Susan Tranter, has had experience as a head teacher and has had long service in the education sector, so she is not just an administrator but someone who has been involved in education.

These regulations underpin important safeguarding changes, as we discussed. They will give the safeguarding partners a framework to identify who is most appropriate to work with in order to support the safeguarding of children in their area and will give force to these decisions. The new child safeguarding practice review panel will be high profile, operate independently of government and promote genuine change in the safeguarding of children. The new arrangements for local and national child safeguarding practice reviews will enable the clear identification of any improvements that should be made to safeguard and promote the welfare of children. National reviews will also identify improvements at the national as well as local level, and the panel will follow up progress on implementation. The regulations enable these changes to function as intended and I sincerely hope that noble Lords will be willing to support them.

Motion agreed.

Home Education (Duty of Local Authorities) Bill [HL]

Lord Agnew of Oulton Excerpts

Committee: 1st sitting (Hansard): House of Lords
Friday 27th April 2018 Lords Chamber

The noble Lord, Lord Storey, made a point about British values which is important here. Some respondents actually highlighted the fact that being forced to teach British values could run counter to their religious teachings. That in itself would be a worry and it sounds to me like a ringing endorsement of the need for the Bill. The safety of children should not be allocated to a category marked “Don’t know” by the Government. Child protection is surely too important for that to be the case, but as things stand, it is. My noble friend Lord Soley’s Bill aims to ensure that information is provided in future to the maximum extent possible through legislation and that is why it is worthy of support in your Lordships’ House.

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

My Lords, on 24 November at Second Reading I made it clear that we understood the concerns that have led the noble Lord, Lord Soley, to bring this Bill forward. That remains the position. We are interested in it and welcome the debate it has engendered in this House and elsewhere, but the position remains that the Government are not formally supporting it. I made a commitment to consult on drafts of revised departmental guidance, and that consultation started on 10 April. In answer to the noble Lord, Lord Watson, the guidance looks at specific issues such as the role of safeguarding by local authorities and whether that extends to this area.

We know that there are concerns about the efficacy of the current framework and the lack of hard information about numbers to address the actual needs of children being educated at home. Indeed, at Second Reading noble Lords spoke about the need for more evidence. We know that involved in this is the potential of increasing exclusions or, as the noble Lord, Lord Adonis, referred to it, “off-rolling”. I would welcome a meeting with him and other noble Peers on that subject, but we should not get it too tangled up in the simpler issue of the Soley Private Member’s Bill. This is why we published a call for evidence on 10 April. This seeks information and comment about a wide range of issues within the broad headings of registration, monitoring and support for home education.

I take this opportunity to reassure my noble friend Lord Lucas and the noble Lord, Lord Bird, that we support home education that is done well. We want to find ways to support families that are achieving this. I am very conscious of the amount of work needed to educate a child properly at home. It is entirely consistent with our aim of ensuring that every child has a good education within a diverse system that allows for maximum parental choice. We should aim to help good home education, but also to ensure that poor home education is dealt with quickly. To address the queries of the noble Lord, Lord Addington, about the Government’s position, the consultation is open until 2 July and we hope for responses from a wide spectrum of families, local authorities and others. This will give us a much firmer basis for considering whether any changes are needed. In the meantime, I shall listen to today’s proceedings with interest and note the points raised. It is of course open to the noble Lord, Lord Soley, not to progress his Bill further until the Government’s consultation has concluded.

[Lord Lucas]

My Lords, I am very encouraged by that reply from my noble friend, particularly his last sentence. I very much hope that the Government are thinking of taking advantage of the Bill to take forward the results of the consultation when they are available. In that context, I think the noble Lord, Lord Soley, need not worry about the Bill failing if we run out of time today. Today is about talking to the Government, even though they do not answer much: it is about getting them to listen to us, as an input to the consultation and to inform their intentions for the future of the Bill more generally. I very much hope that if we run out of time today we may find space on a subsequent Friday to complete its passage before the Government have to let us know their opinions, which will presumably, with luck, be in September or October. Without government support, the Bill will fail; with government support there will not be any problems, so I hope that although we will not waste time today, we will none the less make sure that the Government have heard our opinion on things.

On the interesting suggestion by the noble Lord, Lord Ramsbotham, I think Skillforce would find very good relationships, certainly in some areas, between local authorities and home educators, which would give wide access to the home educating community. It is not true in every area, but there are some where you will get pretty complete coverage from what is there already.

I am delighted that the noble Lord, Lord Bird, is a Member of this House. Every time I listen to him, he adds to my understanding of the world. I am just an observer of home education; I honour him as someone who has done it. I do not think I would ever have the strength of character and energy to finish that. I am entirely with the noble Lord, Lord Adonis, in tackling this problem in the round and very happy to line up behind him in any meeting or effort. These children are our children; they are part of our community and we absolutely ought to treat them that way. It hurts us all that we do not. I am going to pursue the noble Viscount, Lord Falkland, on the matter of his daughter. I have a project running in Eastbourne which would benefit from her advice.

There is much to be done here but, generally, I am delighted by the reaction to this amendment. I hope the Government will see it as an example of how the Bill might be used to address the wider problems. It trespasses into the whole area of safeguarding, trafficking, abuse and radicalisation, which concern us all so much. That is not the same as home education but the two get mixed up. There are educational concerns but enforcing educational orthodoxy ought not to be seen as a way of tackling safeguarding concerns. They are separate. Both need to be addressed but we need to think of them separately, particularly in the context of home education. I beg leave to withdraw the amendment.

--- Later in debate ---

[Lord Lucas]

My Lords, perhaps I may speak briefly to my amendments in this group. I share the concerns of the noble Lord, Lord Addington, and hope that the noble Lord, Lord Soley, and my noble friend the Minister will agree to suspend the Bill between Committee and Report until we have the results of the consultation. We will then be able to see in context what this Bill says because this clause in particular will work much better when we have a more expansive sight of the full-blown draft guidance to go with it. As it is, I have real concerns and I would definitely join the noble Lord, Lord Addington, on Report. To allow legislation like this to go forward beyond Report would be a great mistake because we need to know much more.

In particular, in Amendment 24 I seek to leave out the words “supervised instruction”. It is just not appropriate for many of these children. It is not the way it is done or the way they learn. They may well be learning entirely by themselves, but what matters is that they are learning. Numeracy, literacy and writing are absolutely core and we should not let children come out of home education illiterate, but we ought not to be prescribing the process; we ought to be prescribing the outcome.

In framing the guidance we must have regard to the whole range of support. The fact that support is available makes much clearer guidance possible because we are not trying to push parents back into taking up patently unsatisfactory school provision; rather, we would be giving them a clear and supportive alternative. Under those circumstances, it is reasonable to make demands of them, but it very much depends on that.

Lastly, I want to draw attention to flexi-schooling, which is one of the possible answers to this issue. I had a helpful conversation with the right reverend Prelate the Bishop of Ely. The Church of England is willing to be extremely supportive of this proposal. It has a lot of small rural schools and many of them would really like to become involved in the provision of flexi-schooling, which would suit them well. They are small enough to be flexible and they can provide an environment with space and freedom which will suit many children who feel oppressed by a more restricted city school environment. Also, not many of those schools, in particular the good ones, have the time and space available to do things slightly differently for home-educated children. It also fits well with the provision that these rural schools are already making for Travellers and others for whom a non-traditional education pattern works well.

I would really encourage my noble friend the Minister to talk seriously with the Church of England to see what can be done to establish a pattern for the support of flexi-schooling. Indeed, I do not think that much is needed other than the comfort of knowing that it is a form of education of which the Government approve. Frankly, if a child is receiving flexi-schooling for a couple of days a week, all the worries about whether that child is visible would disappear along with knowing about the quality of their education because they would be closely and properly observed by educational professionals. It is a very good solution to many of the problems that this Bill sets out to tackle. It will not apply in every case, but it is a facility that we should encourage.

[Lord Agnew of Oulton]

My Lords, it may be helpful if I offer to have a meeting with the noble Lords, Lord Addington and Lord Soley, and indeed with my noble friend Lord Lucas to discuss Amendment 23 in particular. I consider this to be part of our broader call for evidence and feedback on the draft guidance that we have issued.

[Lord Soley]

My Lords, I thank the noble Lord for that helpful intervention and I welcome it.

Academies: Gender Pay Gap

Lord Agnew of Oulton Excerpts

Wednesday 25th April 2018 Lords Chamber

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

My Lords, we are one of the first countries in the world to require all large employers to publish their gender pay gap and bonus data. Reporting will help to shine a light on where women are being held back and where employers can take action to support their whole workforce. These figures will mean that academy trusts, as with all other large employers, can start to analyse the data and take action to close the gap.

[Lord Storey (LD)]

I thank the Minister for that helpful and important reply. In answer to a Written Question that I put to him about the gender pay gap he said:

“Academy trusts are free to set their own salaries”.


This is of course taxpayers’ money, and when in 471 multi- academy trusts the median pay gap was 31.7%, that is not a proper use of taxpayers’ money. Where some chief executives of multiacademy trusts now earn upwards of £400,000 a year, that is not a proper use of taxpayers’ money. Surely it is time for the Government to use their financial clout and to realise that with trust comes responsibility.

[Lord Agnew of Oulton]

My Lords, the noble Lord, Lord Storey, is correct that academy pay is set by the trusts themselves. However, we have taken action on high-end pay. One of the first things I did when I took on this job in September was to ask officials to write to 29 single-academy trusts where there was high pay. Since then, we have resolved that 16 of them no longer pay the levels that were indicated in their returns. We have now also written to a number of multiacademy trusts, and in the last couple of weeks we have written to all trusts which pay more than £100,000 or which have more than two people in their trust who are paid more than £100,000. So we are alert to it, I am bearing down on it where we see excesses, and I will continue to do so.

[Lord Watson of Invergowrie (Lab)]

My Lords, we have known for some time that senior pay in multiacademy trusts is out of control. Now we have evidence that, as the noble Lord, Lord Storey, said, women working in academy chains suffer some of the worst gender pay gaps. Is this not public funding, which is being used to entrench inequality in the education system? I have to say that the Minister is personally associated with this issue. The website for the Inspiration Trust, which runs 14 academies in East Anglia, lists him as a trustee and a person with significant control. Noble Lords may wonder why, seven months after being appointed as an Education Minister, he is allowed to continue to hold those posts. But for now, can the Minister say that, despite the fact that trusts have the right to set their own salaries, the size of those gender pay gaps is a scandal, and are he and his department prepared to give advice to trusts to begin to close those gaps?

[Lord Agnew of Oulton]

My Lords, perhaps I should address the Inspiration Trust first, as I was indeed its founder. The chief executive took on 14 schools, seven of which were in special measures when we took them on. All are now out of special measures. Thousands of children are getting a better education than they were five years ago, and that is the essence of what autonomy of pay is all about. Where we have excess pay and there is poor performance, as I said to the noble Lord, Lord Storey, I am bearing down on that. No one is more messianic about the misallocation of taxpayers’ money, but we need to strike a balance between autonomy, where good teachers and good leaders are given the chance to develop and improve schools, and those who are not good are held to account.

[Baroness Watkins of Tavistock (CB)]

My Lords, how does the Minister think that some of the questions that we have heard so far address the gender pay gap? I believe that the gender pay gap in academy schools—I declare my interest, having been a chair of two and currently a trustee of one—is associated with the subjects that each gender teaches; in other words, people who teach physics are traditionally paid significantly more than those who teach arts. That shows that we undervalue some subjects in these schools.

[Lord Agnew of Oulton]

My Lords, unfortunately there is a market in different skills and professions. We know that we have a shortage of good physics teachers, and in order to bring physics teachers into the profession we need to offer additional incentives. However, looking more broadly across the gender pay gap, academies do not look as bad as people might suggest. For example, while in the top quartile men occupy 23% of the total workforce but have 32% of the jobs, the situation in the middle quartile is almost even, with men occupying 23% of the workforce and only 25% of them having upper-middle jobs. Therefore, I think that we are seeing great progress on this. It is also worth pointing out more generally that in 1997 the gender pay gap stood at 17.4%. Today, it has been reduced to 9.1%. I do not suggest that that is enough but it shows that we are making progress across our economy.

[Baroness Symons of Vernham Dean (Lab)]

My Lords, will the Minister be kind enough to clarify whether he is a director of the Inspiration Trust while holding the office that he holds at the moment?

[Lord Agnew of Oulton]

My Lords, I am a director and a trustee. I stood down as the chairman. That matter was discussed with the Propriety and Ethics Team in the Cabinet Office. It was fully disclosed and is in my ministerial declaration.

[Lord Forsyth of Drumlean (Con)]

My Lords, will my noble friend accept congratulations from the House for the work he has done in enabling children’s education to be improved? Can he get one of his excellent teachers to perhaps teach the noble Lord, Lord Watson of Invergowrie, the difference between pay inequality and the gender pay gap? Is it not the case that men and women doing the same job in schools are paid on the same basis, and the gender pay gap is about the relative numbers of men and women in particular jobs? That is something which, from his question, it seems the opposition spokesman did not understand.

--- Later in debate ---

[Lord Agnew of Oulton]

My Lords, my noble friend is quite correct. It is not about any disparity between a man and a woman doing a job—that was outlawed in this country 40 years ago. I take my noble friend’s thanks for the achievements of the Inspiration Trust. Most of the credit must go to my chief executive, who is a woman—Dame Rachel de Souza. We have other exceptional women running trusts: Lucy Heller of ARK and Maura Regan of the Carmel Education Trust. Indeed, at the primary level, 65% of head teachers are women, which shows that there is every opportunity for women in the education system.

[Baroness Burt of Solihull (LD)]

My Lords, I am very grateful to the Minister for the very helpful answers that he has given my noble friend Lord Storey and others. However, is not the real problem here that disproportionately high pay is being channelled up to a tiny number of male-dominated posts at rates far higher than the local authority-run schools can pay? How does the Minister justify that, especially to the 74% of the teaching profession who are hard-working, highly professional women?

[Lord Agnew of Oulton]

The noble Baroness asks a very interesting question. The pay in maintained and academy schools is actually very close. For example, the data to November 2016 shows that a maintained secondary school head teacher earned £88,300, compared to an academy secondary school head teacher who earned £92,500. However, the maintained head teacher had a 1% increase in that year, whereas the academy head teacher had a 0.4% decrease. In the primary sector, the comparisons are even closer, at £62,400 for a local authority school and £65,500 for an academy. I do not accept that money is being drawn up to mostly male teachers. As I mentioned in my earlier answer, 65% of primary heads are women. If we look at the starting pay for teachers, we see that, for a graduate teacher between the ages of 21 and 30, the average pay is £27,000, compared to £25,000 for all graduates. That does not include the very generous pension scheme that exists in the teaching profession, which has a 16.4% contribution and is underwritten by the Treasury.

Schools: Integrated Communities Strategy

Lord Agnew of Oulton Excerpts

Tuesday 24th April 2018 Lords Chamber

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

My Lords, schools play a critical role in promoting integration and widening opportunities for all communities. Many schools already do this successfully, creating inclusive environments where our children are able to learn the values that underpin our society. We want to ensure that this is the case for all schools and other types of education setting. This is why, as part of the Green Paper issued in March, we announced a strengthened package of support for schools and measures to deliver quality education across all settings.

[Viscount Ridley (Con)]

I thank my noble friend for that encouraging reply. Given that the Integrated Communities Strategy commits to supporting schools,

“to increase diversity to ensure they are more representative of their wider area”,

and in light of the evidence that religious selection by schools divides children along not just religious lines but ethnic and socioeconomic lines, with potentially worrying consequences for society, what are the Government doing to ensure the promotion in schools of the universal humanist values of the secular enlightenment and to break down barriers between children of different religious and cultural backgrounds?

[Lord Agnew of Oulton]

My Lords, in addition to promoting the fundamental British values of democracy, the rule of law and individual liberty, all schools are required to promote mutual respect and tolerance of those of different faiths and beliefs. As part of teaching a broad and balanced curriculum, all state-funded schools are required to provide religious education. Turning to integration, the Integrated Communities Strategy sets out a package of measures to help increase integration among children. It includes working with admissions authorities, where we are piloting five areas to increase diversity of pupil intakes, funding the schools linking programme, which is twinning schools of different faiths, and strengthening expectations for all new free schools on how they improve integration further.

[Lord Blunkett (Lab)]

My Lords, as the Minister is aware, the Select Committee on Citizenship and Civic Engagement, ably chaired by the noble Lord, Lord Hodgson, published its report last Wednesday. We were able to comment on the Green Paper at the end of our deliberations, including the staggering revelation that the Government had failed to mention citizenship education at all in the strategy document. This is a rhetorical question: how can the Minister persuade his colleagues in the Department for Education that schools cannot meaningfully contribute to shared British values, to the integration that we seek and to the aspirations he has laid out this afternoon if they are so uncommitted to citizenship education in our system?

[Lord Agnew of Oulton]

My Lords, I commend the work of my noble friend Lord Hodgson and his fellow members of the committee that has just reported. I extend an invitation to any of those members to meet me to discuss their recommendations and any criticisms that they have of our handling of this area. One of the most vital parts of the future of this country is to ensure that schools become the integration engine for our society. We are doing a lot to achieve that. Citizenship is part of the key stages 3 and 4 curriculum and, as the noble Lord will know, recently in our integrated strategy document we encouraged a number of additional methods to push this further forward.

[Lord Singh of Wimbledon (CB)]

My Lords, does the Minister agree that the underlying cause of religious extremism is the aggressive assertion that one system of belief is better than another? Will he further agree that, while we are all free to believe what we like, schools should emphasise respect for different faiths and the exploration of the many commonalities between them?

[Lord Agnew of Oulton]

My Lords, most dogma is based on ignorance, therefore a good education system is important because it tackles ignorance. All state-funded schools, including faith schools, have a legal obligation to promote community cohesion and to teach a broad and balanced curriculum. They are required to promote the fundamental values of democracy, the rule of law and individual liberty, as I mentioned in answer to an earlier question. We are looking at the moment at how faith free schools can pay more attention to how they attract pupils from different faiths and backgrounds.

[Lord Watson of Invergowrie (Lab)]

My Lords, the Green Paper highlights the fact that 60% of minority ethnic pupils are in schools where they are in the majority. It goes on to say:

“This reduces opportunities for young people to form lasting relationships with those from other backgrounds and can restrict pupils’ outlook and education”.


Yet last year’s Conservative manifesto contained a pledge to remove the 50% cap on faith schools admissions. Surely all our state schools must be open, inclusive, diverse and integrated, and never exclusive, monocultural or segregated. The duty of the education system should not be to emphasise and entrench such differences in the eyes and minds of young people but rather to emphasise the common values, to which the Minister himself referred and which we all share. Will the Minister give an assurance now that the backward step of removing the faith schools cap is no longer government policy?

[Lord Agnew of Oulton]

My Lords, the matter of the faith cap is still under consideration, so I am afraid that I am not able to give the noble Lord the assurance he seeks at this moment. However, referring to the recent Integrated Communities Strategy document; on education specifically we are addressing eight separate issues which all link to integration: admissions, the free school point I made a moment ago, school linking, fundamental British values, independent schools and registered schools, out-of-school settings and home education. All of them are addressed in this document, and we seek to ensure that integration remains at the heart of our policy.

[Lord Pearson of Rannoch (UKIP)]

My Lords—

--- Later in debate ---

[Lord Pearson of Rannoch (UKIP)]

I am most grateful. Do the Government know what is being taught in our some 2,000 madrassas, which are not inspected by Ofsted, and which teach Muslim children about Islam and to recite the Koran for perhaps 20 hours a week? If the Government do not know what is going on there—and Written Answers to me confirm that they do not—should they not find out?

[Lord Agnew of Oulton]

My Lords, we gave additional powers and budgets to Ofsted in January 2016 to carry out inspections of what we might consider to be unregistered schools. In that time, they have inspected 208 out-of-school settings. They identified 51 as being unregistered schools in the formal sense, and have closed 44 of them. There are seven still under active investigation. We have just renewed the contract with Ofsted to carry on the work. I accept that it is a problem, but we are alert to it and we are investigating it.

Social Mobility Commission

Lord Agnew of Oulton Excerpts

Monday 23rd April 2018 Lords Chamber

[Baroness Lister of Burtersett (Lab)]

On behalf of my noble friend Lord Lennie, and at his request, I beg leave to ask the Question standing in his name on the Order Paper.

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

My Lords, the recruitment of a new chair of the commission is well under way. Applications have now closed and I am pleased to report that we have had a strong response. We will recruit new commissioners as soon as possible after the appointment of the new chair to allow him or her to provide input. These are public appointments, and the process will be completed following the governance code for public appointments.

[Baroness Lister of Burtersett]

My Lords, it is now nearly five months since the commission resigned en masse because it had been reduced to a rump of four from 10, and felt that it was not being listened to. As the Conservative chair of the Education Committee observed, this seemed extraordinary in light of the Prime Minister’s concern to fight burning injustices, and given that the commission’s final report warned that there is no overall national strategy to tackle the social economic and geographic divisions facing the country. What steps are the Government now taking as a matter of urgency to develop such a strategy and to reconstitute a strengthened commission to oversee it, as recommended by the Education Committee?

[Lord Agnew of Oulton]

My Lords, the national strategy for social mobility is focused on removing barriers to opportunity for all, including disadvantaged people and places—whether it is through education, using the pupil premium, in which the Government have invested £13 billion since 2011, closing the attainment gap, which has narrowed by 10% in the last seven years, or increasing the national living wage by 4.4% at the beginning of this month, and by £2,000 a year since April 2016. The recommendations of the Education Select Committee are being considered by the Government, but our commitment to improving the lot, particularly of the least advantaged, remains paramount.

[Lord Lexden (Con)]

What are the Government doing to help break down barriers between children from different religious and cultural backgrounds?

[Lord Agnew of Oulton]

My Lords, we have an ongoing process of education. We announced the integration strategy a couple of weeks ago, using the schools linking programme to create sustained opportunities for children of different backgrounds to mix and socialise, and strengthening expectations on integration for all new free schools.

[Lord Cameron of Dillington (CB)]

In light of the fact that the last report of the Social Mobility Commission indicated that intergenerational poverty and deprivation was as bad, if not worse, in rural England than anywhere else, including urban England, can we assume that an appointment to the commission will go to someone who truly understands the particular nature of rural poverty and deprivation? In other words, are these appointments being rural-proofed?

[Lord Agnew of Oulton]

My Lords, the Government govern for all of Britain, including rural areas, where I live, so I can assure the noble Lord that that will be an important part of the criteria in the interview process.

[The Lord Bishop of Norwich]

My Lords, greater social mobility was one of the drivers of the original academies programme set up by the last Labour Government, which was why some of us supported it so strongly. Does the Minister believe that that still holds true for academies now and that widening educational opportunities for the disadvantaged is the key factor in promoting social mobility?

[Lord Agnew of Oulton]

The right reverend Prelate is correct, and we ought to record our great debt of gratitude to him personally as one of the very first academy sponsors in Norfolk. I have seen the work that he has done. The short answer is yes. We have taken 1,950 previously largely failing schools into sponsored academy status. At the time they came in, only 10% of them were rated good or better. Today, 70% of those are good or better, which accounts for about 450,000 children. So I see the academy programme as a vital plank in social mobility.

[Baroness Hussein-Ece (LD)]

My Lords, from the evidence that we have heard, social mobility inequalities are not narrowing or improving, despite what we have heard from the noble Lord and despite what the Prime Minister pledged—to make Britain a country that works for everyone. Can the Minister say why the Government are not prioritising this and why is it not improving—or is it that the Government are rather preoccupied with something else?

[Lord Agnew of Oulton]

My Lords, I assure noble Lords that it is a very high priority of this Government. If we look at some of the papers and initiatives that have been launched just over the past few months, we can see the 30-hours policy in December 2017, which was aimed at disadvantaged families. Then there was Unlocking Talent, Fulfilling Potential, aimed at improving social mobility, issued in December. I mentioned earlier the integration strategy, and we had a careers strategy in December 2017. These are all aimed at improving social mobility.

[Lord Watts (Lab)]

My Lords, it is clear that social mobility in the UK is declining. Will the Government issue some clear priorities and set out some clear targets by which we can measure social mobility?

[Lord Agnew of Oulton]

My Lords, I respectfully disagree with the noble Lord; I do not believe that that is the case. The number of children living in poverty has actually declined since 2010. In the recent social mobility action plan that we issued in December, we reasserted our aim to focus on areas such as the word gap, which we know is one of the biggest areas of disadvantage for young children. We have put more emphasis on high-quality post-16 choices for all young people and, as I mentioned at the beginning, we have closed the attainment gap by 10% in the last seven years.

[Baroness Berridge (Con)]

My Lords, in 2016 your Lordships’ House had a one-year Select Committee looking into social mobility, on which I served as a member. We looked at social mobility for those young people who did not go to university. In fact, the majority of young people go into jobs, vocational training such as apprenticeships or into further education. Could the Minister please outline whether there is an intention by the department to ensure that some of the commissioners come from a non-university education background?

[Lord Agnew of Oulton]

My Lords, I certainly hope so, because I did, so I know that it is quite possible to have an interesting and fulfilling life without having gone to university. Our T-levels are very much aimed at that group of people who do not consider a university career as their priority. There is a growing awareness that there are other routes. There is an education and skills company that is also doing a lot of work with schools, providing mentoring and showing that there are routes other than just university.

Schools: Free Lunches and Milk

Lord Agnew of Oulton Excerpts

Tuesday 27th March 2018 Lords Chamber

[Lord Watson of Invergowrie]

To ask Her Majesty’s Government when they intend to undertake a full impact assessment of the Free School Lunches and Milk, and School and Early Years Finance (Amendments Relating to Universal Credit) (England) Regulations 2018; and what further action they intend to take regarding those Regulations.

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

My Lords, the Government listened carefully to the views that arose in the debate last week. I can confirm that our changes will help those on the lowest incomes. The Government have published an equalities impact statement, which was updated following our public consultation. We are committed to ensuring that at least 50,000 more children will benefit from free school meals by 2022, compared to the previous system, and that no child will lose out during the transition to universal credit. We have also reviewed the threshold following the rollout of universal credit to ensure that those who need support are benefiting.

[Lord Watson of Invergowrie (Lab)]

My Lords, last week your Lordships’ House voted in favour of a regret Motion in the name of my noble friend Lord Bassam, calling for a delay in the implementation of regulations which, by the Government’s own admission, will result in more than 100,000 children receiving free school meals under the existing benefits system losing that right under universal credit. In passing, I should say that the vote was carried by 52% to 48%—a margin that may be familiar and one that the Government have consistently told us is decisive and must be respected. But the Government showed your Lordships’ House no respect, because, as the Minister said, guidance was issued two days later.

Ministers have been unable to explain why there has been no full impact assessment on such a controversial issue, not just the equalities impact assessment that the Minister mentioned. It is surely inconceivable that the Department for Education would not have undertaken an internal impact assessment on such a controversial issue. Will the Minister confirm to noble Lords that the outcome of that assessment was so damaging to the Government’s plans that it was suppressed, and will they now either publish it or undertake a proper, public, full impact assessment?

[Lord Agnew of Oulton]

My Lords, I want to reassure the noble Lord that we take very seriously the concerns raised about this important policy issue. As I mentioned, we published an updated equalities impact statement on 7 February. The majority of respondents agreed that there would be no adverse impact on the protected characteristics. The reason, really, is because we are improving the system, basing eligibility on income rather than the number of hours worked. All the existing recipients of free school meals whose parents move to universal credit will be protected for the full rollout period.

[Lord Storey (LD)]

My Lords, the Minister will be aware that there is no cap on those people receiving a heating allowance. As the Government are in a listening mode, does he not think that we should ensure that every child who is officially defined as being in poverty should receive a free meal?

[Lord Agnew of Oulton]

My Lords, the free school meal mechanism was designed for those in the most serious stages of poverty, and with the transition to universal credit we have been very careful to ensure that the number of children who benefit from free school meals is retained. We have made an absolute commitment that during the transition period, any child eligible for free school meals will retain his or her entitlement, and that will continue if they are in the school system beyond the rollout period.

[Baroness Lister of Burtersett (Lab)]

My Lords, last week the Minister told the House that only some £450 million of the total £3 billion cost of extending free school meals to all on universal credit would go on the meals themselves—a tiny fraction. Most of the cash will go on the pupil premium, which is linked to free school meal eligibility. Given that an income threshold would undermine the cardinal universal credit principle of making work pay and leave some children hungry, would it not make sense to go ahead with the threshold for the premium but provide free school meals for all children on universal credit, who are by definition in some need? Why do they have to be linked?

[Lord Agnew of Oulton]

My Lords, if we did not have a cap on the eligibility for free school meals but relied purely on universal credit, over half of children would end up being eligible. We have a number of recipients on universal credit earning in excess of £40,000 a year.

I believe that the pupil premium has been a tremendous success. We have closed the attainment gap by 10% since it was introduced in 2011, and invested more than £11 billion in schools to encourage them to recruit pupils from the poorest backgrounds.

[Lord Lexden (Con)]

What does my noble friend make of the claim that has been bandied about that 1 million children may be deprived of free school meals as a result of these reforms?

[Lord Agnew of Oulton]

My Lords, that was a very theoretical figure. It simply presumed that there would be no cap on the numbers of recipients if the universal credit system carried on without any cap. It was misleading, and it has concerned a lot of parents out there, because it has set hares running that are simply not relevant. We have been meticulous in trying to ensure that recipients of free school meals today will continue to receive them. Indeed, we have made that commitment not just for the current phase of their education but up to 2022, or thereafter if they are still in the school system.

[Lord Watts (Lab)]

My Lords, does the Government’s policy not mean that although present claimants are protected, future generations will not be and children will go hungry?

--- Later in debate ---

[Lord Agnew of Oulton]

My Lords, we must look at our Government’s broader track record since 2010. As I said when summing up the debate introduced by the noble Lord, Lord Bassam, last week, we have intervened in a number of areas for the most disadvantaged children in our society: 15 hours for disadvantaged two year-olds, 30 hours for working parents, early years pupil premium, disability access fund, tax-free childcare and shared parental leave. None of those are designed other than to help the most disadvantaged members of our society. I urge noble Lords to look at universal credit and free school meals in the context of all that we have done over the past eight years.

[Lord Bassam of Brighton (Lab)]

My Lords, if that is the case, why did a recent report point out that 1 million more children would be in poverty by 2020? How does the Minister justify the policy and answer that question?

[Lord Agnew of Oulton]

I am not familiar with those figures. However, we have done more than previous Governments to ensure that families are taken out of poverty—and we know that the route out of poverty is through work. The items on the list I gave a moment ago are all aimed to help parents become working parents and not to be exposed to poverty.

National Curriculum: Litter

Lord Agnew of Oulton Excerpts

Tuesday 20th March 2018 Lords Chamber

[Lord Robathan]

To ask Her Majesty’s Government what consideration they have given to including litter picking in the National Curriculum for Year 6 children, to tidy up the roads and encourage civic responsibility.

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

My Lords, as part of the science curriculum, children are taught about the scientific concepts that relate to the environment. At key stage 2, pupils should explore examples of the human impact on environments, which can include the negative impact of litter. At present, around 75% of schools in England are members of the Eco-Schools programme. We would like to increase participation in this programme overall and are working actively on anti-littering awareness, including participating in litter picks.

[Lord Robathan (Con)]

My Lords, that is a start and I am grateful to my noble friend. However, the shocking and disgusting proliferation of litter in our towns and countryside frankly shames this nation. While my proposal might meet with opposition and some people would understandably be very concerned about safety—and, indeed, some teachers might not like it very much—if all children spent a couple of hours clearing litter, it might not only have a gradual effect on attitudes but might in the long term have a positive educational impact. So will my noble friend please go back and look very seriously at this proposal or something similar and take radical action so that we no longer need be ashamed of the state of our highways and byways?

[Lord Agnew of Oulton]

My Lords, I agree with my noble friend that litter is a scourge. That is why the Government launched the litter strategy last year, which sets out our aim to clean up the country and deliver a substantial reduction in litter within a generation. The litter strategy brings together communities, businesses, charities and, most importantly, schools to bring real change by focusing on three key themes: education and awareness, improving enforcement, and better cleaning and access to bins.

[Lord Winston (Lab)]

My Lords, given the high rate of illiteracy in many of our primary schools and the low rate of numeracy among 11 year-olds, which affects their subsequent education, does the noble Lord not agree that it would be far better to concentrate on the essentials of a good education and not expose our children to unnecessary danger doing foolish things that are not part of the curriculum?

[Lord Agnew of Oulton]

My Lords, litter is a symptom of children’s respect for our society and environment—so a good education will address these two strands, which is what we do on the people side through the citizenship programmes and PSHE, and through the recent Tom Bennett review of behaviour in schools. As the noble Lord knows, on the environmental side we have just released the 25-year environment plan. We have the Eco-Schools project that I mentioned earlier. The Great British Spring Clean is under way and has been extended because of the bad weather. So I think the noble Lord’s judgment is a little harsh, because not having litter is a symptom of a good society.

[Lord Marlesford (Con)]

My Lords, two weeks from today a penalty of £80 will be imposed on the owner of any vehicle from which litter is thrown. This is a big advance, because previously the offence could never be prosecuted. The Government have now made it subject to a civil penalty rather than classing it as a crime. However, does my noble friend accept that the penalties for fly tipping and the enforcement of those penalties are completely inadequate?

[Lord Agnew of Oulton]

My Lords, this comes back to my earlier statement that this is about a sense of public responsibility and duty. I am delighted that the fines for littering from cars have been increased. My noble friend will also be aware that from January this year we banned the use of microbeads in cosmetic substances—so the whole thrust is to improve the protection of our environment. I applaud the most recent action to which he referred.

[Lord Storey (LD)]

My Lords, the noble Lord is right to raise this issue and of course Keep Britain Tidy does a lot of work in schools. But now that we have light at the end of the tunnel, will the Minister not lobby the Government to provide more money to local authorities so that the highways, verges and streets that he is concerned about can be properly cleansed, with local authorities given the resources to carry that out? I know that this is not quite in the Minister’s brief but, while I am up perhaps I might ask—as some schools include this as part of PSHE—when the consultation on PSHE will be concluded, and will we have an opportunity to discuss the recommendations?

[Lord Agnew of Oulton]

My Lords, in relation to the noble Lord’s first question, if we can change attitudes we will not need to spend large sums of taxpayers’ money cleaning up the litter left by careless people. In relation to PSHE, the review closed on 12 February and we had a record number of responses. We will be replying to that as soon as possible. It is also worth noting that an additional requirement that we have of schools is for the social, moral, spiritual and cultural development of children. This is a high-level duty that sits outside PSHE. It is written into legislation and also into the academy funding agreement, and it includes issues such as respect for the environment.

[Lord Watson of Invergowrie (Lab)]

I am wary of criticising the noble Lord, Lord Robathan, given his service in the SAS, but I suspect that there are many parents and not a few children today who, having heard him, are quite relieved that there are mercifully few chimneys left in this country. I wonder whether the noble Lord is aware that it is extremely rare for the broad and balanced year 6 curriculum not to include civic responsibility, so it is not a problem. There are many great teachers in state schools in this country, not least Andria Zafirakou, who was named as the winner of the Global Teacher Prize just a few days ago. That is a tremendous credit to her work at Alperton Community School in north London. I suspect that most teachers in this country would welcome a robust statement from the Minister that teachers should be allowed to get on and teach. Will he give that assurance?

[Lord Agnew of Oulton]

My Lords, I agree with the noble Lord that it is very important that teachers are allowed to teach. The core of our reforms over the last seven or eight years has been the granting of autonomy to schools and the freeing up of the key stage 3 curriculum to give space for the teaching of things that are not directly linked to exams. I come back to my general theme: much of education is about producing a spiritual sense and a sense of belonging in society—so I agree that we should not be mandating additional individual activities.