Curriculum and Assessment Review

Lord Berkeley of Knighton Excerpts

Monday 18th November 2024 Lords Chamber

[Lord Baker of Dorking (Con)]

My Lords—

[Lord Berkeley of Knighton (CB)]

My Lords—

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

We will hear from the Cross Benches, then the Conservative Benches.

[Lord Berkeley of Knighton (CB)]

My Lords, in addition to the subjects being considered, will the review look at the provision of the infrastructure behind them—for example, libraries for books and, for music, peripatetic teachers, instruments and music itself?

[Baroness Smith of Malvern (Lab)]

Notwithstanding the very difficult financial situation that this Government inherited, we are committed—

Schools: Persistent Absenteeism

Lord Berkeley of Knighton Excerpts

Wednesday 24th January 2024 Lords Chamber

[Baroness Barran (Con)]

I think we have to be careful: without question, mental health and anxiety have increased from the pandemic and the disruption that children experienced but, equally, a prolonged period of absence is also likely to heighten a child’s anxiety about attending in the future. I say to the noble Baroness, and to the House, that there are schools doing remarkable things, particularly in relation to children on education, health and care plans and children with special educational needs. I was in two schools in Birmingham on Friday: Lea Forest primary and Four Dwellings secondary. Those schools have a remarkable attendance level, particularly for the vulnerable children to whom she refers.

[Lord Berkeley of Knighton (CB)]

My Lords, I know that the Government have looked carefully at areas where there is deprivation. In the light of the questions we have already heard, have the Government made any correlation geographically between areas that are recognised as being disadvantaged, as opposed to other areas which are better off?

[Baroness Barran (Con)]

Disadvantage has always been, and sadly continues to be, a major element in whether a child attends. However, we really need to look at those schools in areas of particular disadvantage or with particular challenges—for example, in coastal communities—to see which schools are beginning to break the back of this attendance and persistent absence challenge. We should listen and learn from them, which is where our attendance hubs come in. Those are schools which are having greater success in addressing attendance and sharing that insight with their neighbours.

Access to Musical Education in School

Lord Berkeley of Knighton Excerpts

Wednesday 18th October 2023 Lords Chamber

[Lord Berkeley of Knighton (CB)]

My Lords, it is a pleasure to follow the noble Baroness. I salute the noble Lord, Lord Boateng, on securing this debate, which is so important.

I begin by mentioning something I mentioned 10 years ago in my maiden speech. I talked about how, through the Koestler Trust, I managed to get somebody in Wormwood Scrubs a guitar. He wrote to me and he said: “I cannot tell you how grateful I am for this instrument. If I had had the opportunity to express myself through music when I was at school, I would not now be serving life for murder”. It is that powerful. Music matters, as we have heard.

At this point, I would like to say that I also agree with the noble Lord that the Government have heard what we are all saying. My conversations with Minister Gibb revealed an aspiration that we all share. There is a lot to do, because we are starting from a rather bad point, but we are getting there. I salute the noble Baroness, Lady Fleet, for what she has done with her charity and for disadvantaged children.

That brings me to a particular point. The £25 million for instruments is enormously welcome, but we also have to think about repairing old instruments. I mentioned this to Minister Gibb and he was sympathetic, but the problem is that the way the £25 million has been apportioned, in Treasury terms, means that it cannot be used for repairs. This is something the Government might like to look at. I will give noble Lords an example. I managed to find a violin for one of the talented musicians of the noble Baroness, Lady Fleet. I had it looked at to see if it would work. I was told: “It could be very good; could be front-desk NYO”—that good—“But it needs £1,000 spending on it”. We managed to achieve that, but it shows exactly what the problem is.

The mention of blind and deaf people is terribly important. I declare an interest as president of Decibels, which tries to help deaf people have greater access to everything, not just music. Think of the achievements of somebody such as Dame Evelyn Glennie, who learned to be able to play music to a very high level by using vibrations as a means of reading music. The point about braille is very important. There is a wonderful story about a young man who has a real talent—I have heard him play—but who says: “I cannot keep up with my colleagues because there aren’t the funds or time to transcribe my music into braille”. Is it not wonderful that you can transcribe music into braille? To be honest, I did not realise that before, but what a wonderful thing to be able to do. I encourage the Minister to look at the possibility of funding this—I do not suppose that it would be a vast amount.

We live in very difficult times—the ENO, the Middle East, Ukraine. While I do not suggest that music can in any way explain or improve these things, I think it can help us to process them. Consider Beethoven and the problems that he had to overcome: in listening to his music, we understand the greater truth about ourselves. Music can take us to places that almost nothing else can, and that is because it is an abstract art. In its abstraction lies a certain magic or mystery, which is why so many artists aspire to the condition of music.

Core School Budget Allocations

Lord Berkeley of Knighton Excerpts

Tuesday 17th October 2023 Lords Chamber

[Lord Berkeley of Knighton (CB)]

My Lords, I was heartened to hear the Minister say that areas where there is deprivation will be especially considered. Could she say a little more about how those are areas are identified? Are there already criteria that have established which they are and what they need?

[Baroness Barran (Con)]

There are areas of the country which, for historic reasons, have had lower than average per-pupil funding: the north-east, the north-west and Yorkshire and Humber, to give some examples. Conversely, inner London has historically had the highest per-pupil funding. That increase for inner London has been protected, but it means that those regions that I mentioned, and others, will attract above-average increases in per-pupil funding, which has been part of our strategy to ensure that the allocation of funding is fair.

Teacher Shortages

Lord Berkeley of Knighton Excerpts

Wednesday 6th September 2023 Lords Chamber

[Baroness Barran (Con)]

I think the serious point here is that there is a serious situation in the handful of schools where we have had to intervene on the concrete. Of course, it could not be more inaccurate and unhelpful to criticise the Prime Minister personally in this regard.

[Lord Berkeley of Knighton (CB)]

My Lords, does the Minister accept that there is a particular problem with music teachers in schools, and that the shortage, coupled with the decline in people taking GSCE music, is really very worrying?

[Baroness Barran (Con)]

I know that the noble Lord has worked very hard in this area. We still have 81.1% of music lessons being delivered by quality—qualified; I am sure they are all quality—music teachers. That is down, as the noble Lord says, from 87.7% in 2014-15. I am delighted that the noble Lord is meeting with the Minister for School Standards to progress ideas on how we can encourage more children to be able to study music in school.

Lifelong Learning (Higher Education Fee Limits) Bill

Lord Berkeley of Knighton Excerpts

Report stage
Tuesday 5th September 2023 Lords Chamber

[Lord Berkeley of Knighton (CB)]

My Lords, many interesting points have been made about the amendments. I agree with the noble Lord, Lord Willetts, and the other speakers that we would like to see this progress; it is a good idea. We want to improve access to education, which means having more and better information about fees and recognising the fact that they cannot just continue uncontrolled.

Another point I endorse is that which the Minister said in a previous speech on this subject: that the Government had a “phased approach” to this. I think consideration has been given to the many points that have been very intelligently raised; I am sure that the Minister is grateful for them.

[The Parliamentary Under-Secretary of State, Department for Education (Baroness Barran) (Con)]

My Lords, ahead of speaking to the amendments tabled, I thank all noble Lords across the Chamber for their contributions and the support they have expressed, both for this Bill and for the wider programme to transform opportunities to build qualifications over one’s lifetime. We heard from the noble Baronesses, Lady Garden and Lady Wilcox, about the importance of filling skills gaps so that the economy can grow. I thank both my noble friend Lord Willetts and the noble Lord, Lord Berkeley of Knighton, for their support and acknowledgement that the Bill will open new opportunities for learners.

Amendment 1, tabled by the noble Baroness, Lady Garden of Frognal, would define a credit as equivalent to “10 notional learning hours” in the Bill. The Government believe that it is crucial that the definitions of credits in the fee limit calculations align to standard practice in the sector—a point the noble Baroness, Lady Wilcox, made. The Government plan to set out this detail in regulations, rather than in primary legislation. The power to do so is provided for in new paragraph 1B of Schedule 2 to the Higher Education and Research Act 2017, introduced through Clause 1 of this Bill. Specifying learning hours in secondary rather than primary legislation means that providers that might choose to use a different number of learning hours per credit will simply have those courses treated as non-credit-bearing for fee limit purposes. If we took the approach of this amendment, those same providers could instead be considered in breach of the fee limit rules as a whole, with all the regulatory consequences that might bring. I am sure that is not what the noble Baroness intends with her amendment.

To be clear, as I think the noble Baroness’s amendment seeks to do, the Government do not intend to change the number of learning hours in a credit unless standards in the sector change. Learning hours are, and should continue to be, based on sector-led standards. Regulations on learning hours will follow the affirmative resolution procedure, so Parliament will get the opportunity to debate and formally approve any changes to those regulations.

Amendment 2 and Amendment 4, tabled by the noble Baroness, Lady Twycross, and the noble Lord, Lord Watson of Invergowrie, would require the Secretary of State to publish a review of the impact of the future Act on the progress of the rollout of the lifelong loan entitlement. Amendment 4 sets out that such a review must be published ahead of regulations being laid, and Amendment 2 would require the review to be presented to Parliament before the end of 2026. I thank my noble friend Lord Willetts for being the very eloquent messenger of the noble Baroness, Lady Wolf. We absolutely agree with her point and that made by the noble Lord, Lord Berkeley. Amendment 2 specifies that the review should include the impact of the credit-based method on sharia-compliant loans and skills gaps.

I thank your Lordships for these amendments. The Government agree with the sentiment behind them, if such sentiment seeks the department’s commitment to monitoring the impact of these measures on the transformation of student finance under the lifelong loan entitlement. As your Lordships will be aware, the Government published an impact assessment alongside the Bill upon its introduction in the other place in February this year. Subsequently, the department published an updated and more extensive impact assessment of the lifelong loan entitlement, more broadly, alongside the publication of the consultation response in March. As was committed to in the impact assessment published in March, and in accordance with the Better Regulation Framework, a more detailed assessment of impacts will be published at the point when the Government lay the necessary secondary legislation to implement the lifelong loan entitlement fully. Therefore, the Government already intend to publish an updated impact assessment covering all aspects of the LLE, including the measures in the Bill, when regulations are laid.

In addition, parliamentary accountability mechanisms are already in place to review Acts of Parliament and the impact that they have on policy, including post-legislative scrutiny in particular, but not exclusively. There will be continued scrutiny of the LLE and the impact of these measures in both this place and the other place, including the role of the Education Select Committee in scrutinising the work of the department.

I will just rest for a moment on the point about post-legislative scrutiny, which I understand the noble Baronesses raised at the briefing yesterday. The noble Baroness, Lady Wilcox, will be aware that under the current government guidance and as proposed in 2008, between three to five years after an Act is passed it should be reviewed by the government department and Parliament. I can assure the noble Baroness that the Government will seek to work together with the relevant Select Committee in line with that guidance. However, while we recognise the importance of reviewing the implementation, it should be not just of this Act but of the reform of the system—and again, I can commit that the Government would like to see that review happen.

On the specific details within the amendments themselves, the timing requirement in Amendment 4 would require a review of the impact of the Bill on the rollout of the LLE prior to regulations being laid. I want to be clear here that any impact assessment which is conducted ahead of laying regulations would not be any different to the impact assessment currently available for the Bill and the consultation process. The next point at which impacts can be assessed is when the regulations are laid and, as stated, the Government are committed to publishing an impact assessment at that time.

Amendment 2 relates to the impact of the credit-based method on sharia-compliant loans and skills gaps. First, it is important to note that fee limits are set on courses, not on students. Therefore, the credit-based method—like the current fee limit system—will not depend on any characteristics of individual students. All students on a course will have their fees determined in line with the same fee limit rules, regardless of whether they use their LLE, self-fund, or use alternative loan arrangements.

I take this opportunity to assure your Lordships that the Government remain committed to delivering an alternative student finance product compatible with Islamic finance principles. The noble Baroness, Lady Garden, questioned why it was taking so long. I will not rehearse all the arguments, but I think she will remember that we touched on this in Committee, and it really is linked to the complexity of implementation. Every element that changes within the student finance systems needs to be mirrored for the alternative finance product, so it is a more complicated process and is contingent, and it has to follow the building of the systems which will allow us to deliver the new approach.

The noble Baroness, Lady Wilcox, questioned our commitment to being able to deliver by 2025. I remind the House of the measures that we set out in the letter that I sent your Lordships on this point following Grand Committee. I am pleased to confirm that in August, the Student Loans Company commenced delivery planning for alternative student finance, and it is supported on this phase of work by experts in Islamic finance, the Islamic Finance Council UK. I continue to meet on a quarterly basis with the Student Loans Company, the Islamic Finance Council UK, the noble Lord, Lord Sharkey, Stephen Timms MP and representatives from the Islamic community to discuss the steps the Government are taking to deliver alternative student finance as swiftly as possible. Because of the delays there have been, we need to be as transparent as possible to make sure that we build or rebuild trust with the community that we really will deliver on this. I will provide a further update on alternative student finance later this year.

On skills gaps, in response to the LLE consultation, the Government made it clear that they will be taking a phased approach to modular funding, as the noble Lord, Lord Berkeley, reminded the House, focusing on higher technical courses which have the clearest employer value. It is important to note that fee limits are not a means to address skills gaps; they are to ensure that students have affordable access to higher education provision provided by those higher education providers who receive government funding to support course delivery.

Finally, it is worth noting that the LLE policy is much wider than the provisions of the Bill, and as such, the reviews sought through these amendments would focus narrowly on fee limits and not on the impact of the LLE as a whole.

For these reasons, while the department understands the sentiment behind these amendments, they would either have unintended consequences or would be unnecessary, as there will already be mechanisms in place to provide such review. Therefore, the Government cannot accept these amendments and I hope that your Lordships will withdraw or not move them.

Free Music Education

Lord Berkeley of Knighton Excerpts

Monday 12th June 2023 Lords Chamber

[Baroness Barran (Con)]

I understand the point that the noble Lord makes, but the data for 2021-22 shows that more than 86,000 hours were spent teaching music in secondary schools—I know the noble Lord referred to primary schools—which is more than at any time since 2014-15. The number of teachers has also increased since that date and now stands at more than 7,000, of whom 83% have a relevant post-A-level qualification.

[Lord Berkeley of Knighton (CB)]

My Lords, the aspirations of the plan are admirable, but surely we need to see less reliance on hubs and more reliance on actual music in schools. The best way to do that is to get music back on the EBacc, of course. I realise that is perhaps a forlorn hope at the moment, but will the Minister tell me how the Government are going to find the right number of teachers, especially those trained to deliver music in schools?

[Baroness Barran (Con)]

The noble Lord is right that teacher recruitment, along with recruitment in many sectors, is a real challenge at the moment. But we are supporting schools, and I suggest to the noble Lord that maybe it is a both/and: music hubs have an important part to play, as does direct delivery in schools, which the hubs support. The model music curriculum introduced in March 2021 helps support schools in that delivery.

Schools Bill [HL]

Lord Berkeley of Knighton Excerpts

Committee stage
Wednesday 22nd June 2022 Lords Chamber

[Lord Storey (LD)]

I shall speak to my own Amendment 149, and also speak to Amendment 152 and 171C. I thank the noble Lord, Lord Mendelsohn, and the noble Baroness, Lady Meacher, for the amendments and congratulate the Government for, for the first time, trying to sort this problem out. I do not want to repeat everything that the noble Baroness, Lady Meacher, said, because she has painted the situation as it has existed, which is, frankly, totally unacceptable in our society.

I met with people from Ofsted yesterday—and I have had a long-running dialogue with Ofsted over the issue of unregistered schools. I asked them if we have sorted this issue out. They said, “Yes, Government have done the right things now, and this will make a real contribution”. They paused and said that, if we wanted to do something further, we could do, just to close that very small loophole in the issues that the noble Baroness, Lady Meacher, raised. I hope between Committee and Report, the Government might look at this again. It would be silly to have got so far, and not be able to deal with that last bit where they morph into private dwellings. I know the Minister is very keen that we deal with this, and so I hope she will think carefully about that.

I turn to unregistered schools. We talk a lot about young children and attendance at school, and a lot of time, quite rightly, we talk about special educational needs. If there is one group of young people who are constantly forgotten, and pushed from pillar to post, it is those young people who are excluded from school. They are often excluded from school for all the wrong reasons. They are often young people who have special educational needs. In fact, the vast majority of young people excluded from school have special needs. Just think what happens to them. If they are lucky, there is a pupil referral unit on the site, and that seems to me to be the right model. I know the Government are looking at expanding the number of pupil referral units. It seems right to me that they are on the school campus and they can draw from the expertise of the school, and the young people can, we hope, go back into mainstream schooling—if that is the right expression to use. I welcome that, but that is not going to deal with the problem, because the progress in providing that number of pupil referral units will take a long time.

So what happens? If they are lucky, these young people go to a registered provider, but there are not enough registered providers. There is also the issue, which we have talked about quite a lot in this Chamber, of unregistered providers. Some providers are genuine, but some just want to make money and they are almost babysitting those young people. It is absolutely awful: Ofsted told me of a number of providers that charge £50 a day, plus the taxi fare in. If you speak to Ofsted, they will tell you that. What do you get for £50? You get somebody childminding a really vulnerable young person who has special educational needs. Why does that happen? It is because we do not have the places in registered schools, and also because local authorities are strapped for cash. In the past, I have questioned why local authorities do that. I think they do it because they are strapped for cash, but also there is not the provision available. If most of the young people have special educational needs, that special educational needs money does not get to them. Certainly, the staff in these establishments do not have the qualifications, the training, the expertise or the interest in giving them the support and education these young people need.

I do not have all the answers to the current situation we are in. Clearly, the Government are looking at this issue and we need to keep it high on our agenda and keep coming back to it. Noble Lords can be sure that we on these Benches will do that.

There are a couple of practices that I do not like, and which can be closed down straightaway. There is the “managed move”, which used to happen with local authorities: a young person who was disruptive, rather than being permanently excluded from school, was moved to another school to be managed. Sometimes it worked at the other school, or then they would maybe be moved to another school, and if it did not work, they would go back to their original school. If that failed, they would be permanently excluded. Now they go on a dual register, so they are on the register of the school that they are excluded from and the school or alternative provision that they are going to but then, come the examinations, they are immediately taken off the host school, because they affect the overall results. We must examine that very carefully indeed.

The Minister knows the problem better than anybody. I just hope that we can come to some sensible moves on this.

[Lord Berkeley of Knighton (CB)]

My Lords, I want to embellish a couple of points particularly pertinent to the noble Lord, Lord Lucas, and my noble friend Lady Meacher.

Some noble Lords may remember that a few years ago we created care orders in cases of FGM for the family court. What emerged from the research that I did into that was that it was the family units that were espousing FGM but, furthermore, they liked to see themselves as a society—and, in certain cases, belonged to a society—that initiated and believed in female genital mutilation. I make this point because, as the noble Baroness, Lady Meacher, said, it is very easy for a small group of people to move from being a family unit to being accepted possibly as a “school” and thereby having the moral authority to take forward these practices and propagate them. I mention this as a point which we should bear in mind, given what my noble friend Lady Meacher and the noble Lord, Lord Lucas, were warning us about.

[Baroness Chapman of Darlington (Lab)]

The amendment tabled by the noble Baroness, Lady Meacher, is a characteristically sensible suggestion. I hope that the Government are mindful and assure the House that there is no loophole or that an amendment will be used to close it. The amendments tabled by my noble friend Lord Mendelsohn raise similar important issue. The Minister is nodding, so I am sure that she will have something positive to say about this.

The point made by the noble Lord, Lord Storey, about excluded children, is an important one. Maybe we cannot deal with everything in his remarks through this Bill, but I hope that we can attend to those issues that have been around for such a long time. We still see managed moves used far too frequently. It is gaming the system. We know that it goes on. I am sure that when we put in measures to deal with that there will then be another set of behaviours to tackle, but such is life.

On our Amendment 171G, I was very keen to get something in the Bill that has come out of Josh MacAlister’s potentially ground-breaking report. MacAlister’s argument is that in too many places the contribution and voice of education is missing from multi-agency safeguarding conversations. I hear often from partners, usually in health, how difficult it is to engage with schools. Schools want their voices to be heard and to have a statutory role but are unable to do so at the moment. The recommendation from the MacAlister report is that there should be the opportunity that there is in this Bill—well, I am saying that it is an opportunity in this Bill. If we do not take it, I wonder whether when we get the Government’s full response to the MacAlister report we will look back at this and regret that we did not take the opportunity of what is quite a simple recommendation.

School Curriculum: First Aid Training and Home Nursing

Lord Berkeley of Knighton Excerpts

Thursday 16th December 2021 Lords Chamber

[Lord Berkeley of Knighton (CB)]

My Lords, I wonder if I could draw two answers together by asking the Minister if she agrees that, apart from the important health benefits already mentioned, there is a social dividend in what is being suggested? As with playing an instrument, as we have just heard, or drama, the self-esteem resulting from an acquired discipline and the ability to help others promotes social cohesion and friendliness.

[Baroness Barran (Con)]

I agree with the noble Lord. The curriculum supports the development of a range of essential behaviours and life skills promoting confidence, team working, emotional well-being, compassion and resilience.

Relationships Education, Relationships and Sex Education, and Health Education

Lord Berkeley of Knighton Excerpts

Monday 25th February 2019 Lords Chamber

[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.