(13 years, 6 months ago)
Grand CommitteeMy Lords, like other noble Lords, I congratulate the noble Lord, Lord Kennedy of Southwark, on securing a debate on this important issue. We have already heard a significant number of points that the Government will need to reflect on. I pay tribute to the work that he has done, both here in Parliament and as a member of Diabetes UK, to raise awareness of the problems that diabetes sufferers endure. I was glad to have the chance in the small hours of the morning last week to discuss some of the issues that he has raised; it was one of the few benefits that I could see of the Parliamentary Voting System and Constituencies Bill, but we must be grateful for small mercies.
I join other noble Lords in congratulating my noble friend Lord Lexden on his excellent and entertaining maiden speech. I could not work out where I sit on his Lewis Namier scale—probably somewhere near the bottom. It was my noble friend who offered me a job at the Conservative Research Department after I had been turned down by a number of no doubt wiser people in the CRD. So it was he, perhaps inadvertently, who set me on my way, and whom indirectly I should thank—or blame, I sometimes think—for my being here today. I think that I speak for all noble Lords in saying that we look forward to his contributions to debates in the future.
I shall briefly recap on some of the figures that we have already heard and, in doing that, I welcome very much the comments made by the noble Baroness, Lady Crawley, and the tone and way in which she approached this issue. This is not a political issue, and the approach and the legislative framework taken by the Government follows the one taken by the previous Government.
We have heard some of the figures showing the scale of the problem. There was an audit in 2009 which showed that there are an estimated 23,000 children with diabetes, the vast majority with type 1. The peak age for diagnosis is between 10 and 14 years, but type 1 can affect children in their preschool years. No one would want a child with a long-term medical condition such as diabetes to miss out on school life or be treated less favourably because of it. We have heard a number of powerful examples and personal testimony that make that point.
It is also true—and this lay behind some of the remarks made by the noble Lord, Lord Harrison—that there are many examples where schools provide very good support to pupils, especially in primary schools, where they are working closely with parents and the local NHS. There is one example in Nottinghamshire, which other noble Lords may also know, where the county and city councils and the local NHS trusts run training for school staff. They allow heads to apply for reimbursement towards funding staff, and run a network of diabetes specialist nurses to cover primaries and secondaries. So there is good practice, and one issue that we need to reflect on is how we can make that good practice more universal. I accept the point made by a number of noble Lords that provision is currently patchy. We know that there are cases in which parents do not feel—and not only do they not feel it but it is obviously true—that they get the support that they need. We heard today of children with diabetes having to miss classes or be excluded from school trips or being left to inject themselves unsupervised, with parents feeling that they are forced to reduce hours or give up work or move schools because they do not trust staff to carry out blood tests or carry out insulin injections.
I acknowledge the picture that has been painted by Diabetes UK in its report, State of Diabetes Care in the UK 2009. While there is excellent practice out there, in other areas it is patchy. I also understand the strength of feeling behind its Children’s Charter report. It is a view that has been expressed by noble Lords today and by my noble friend Lady Walmsley, in looking at it from an international perspective. There should be equal access to treatment, high-quality medical care and support in schools for children and young people.
I shall briefly summarise the legal framework and then move on to talk about some of the other issues raised and address directly the request put to me by the noble Lord, Lord Kennedy of Southwark, about meeting and how we might take things forward.
Schools are responsible for drawing up their own policies in the light of their statutory responsibilities—for example, health and safety legislation or the Equality Act 2010—and local needs. The department recommends that schools and their employers should have policies in place on the management of pupils’ medicines and on supporting pupils with medical needs. There is no legal duty on school staff to provide medical support, to administer medication or to supervise a pupil taking it. Like the last Government, we do not have plans to change that. However, as has been pointed out, there is a common-law duty on all staff to act in loco parentis when children are at school.
To encourage schools to provide support for children with medical needs, the DCSF, as it then was, jointly with the Department of Health, published guidance on managing medicines in schools and early years settings back in March 2005. The DFE, together with the Department of Health, is currently reviewing that guidance. Perhaps that provides us with an opportunity to reflect on some of the points that have been raised. I invite Diabetes UK, perhaps through the noble Lord or through the noble Baroness, Lady Young—I am spoilt for choice—to speak to my officials about that. We also hope that we can use the review as an opportunity to draw attention to good practice. Again, I hope that Diabetes UK can help us to champion that good practice.
It is sensible for schools to have clear general policies in place to support pupils with medical needs. For pupils with serious medical needs, it is sensible for schools to draw up individual healthcare plans setting out in black and white the level of support that is needed, and clarifying for staff, parents and pupils the help that will be provided. Our guidance makes it clear that any volunteers, usually school support staff, who carry out such duties on a daily basis should be properly supported in doing so.
Staff who volunteer to assist with any form of medical procedure should be given reassurance that they will not be sued for any action they take in providing the vital support that pupils with medical needs may require. We know, once they understand the reasons for the injections and blood tests, and have been adequately trained in practical skills and provided with reassurance that they are acting within the scope of their employment they are generally keen to help individual children.
As has already been discussed, the Government are reforming the way in which the NHS deals with public health—in particular, how it works with local children’s services. The White Paper, Healthy Lives, Healthy People, published last November, has a clear principle at its heart: that prevention is better than cure. It sets out a clear plan to reduce health inequalities and causes of premature death and illness.
That means making sure that there is a major role for the NHS, particularly for school nurses and community healthcare teams as well as paediatric diabetes specialist nurses. School nurses will continue to have a vital role in providing training and support to schools, in developing health reviews at school entry and in managing pupils’ well-being and medical and long-term conditions.
I reassure noble Lords that we are listening to the concerns that have been raised and are working closely with the Department of Health to ensure that no child misses out because of their long-term medical condition. We are also working closely with the department to enable schools to draw on additional expertise from local health professionals and children’s services to meet the needs of their pupils. We seek in particular to develop a new vision for school nurses that reflects their broad public health role in the school community. I would again invite Diabetes UK to talk to the Department of Health about this work.
Perhaps I may respond to some of the specific issues that were raised. I will write to the noble Baroness, Lady Crawley, if I have failed to respond to all her points. I was asked about academies. It is the case that academies have to meet independent schools standards regulations. They require them to have regard to the Department for Education guidance, Health and Safety: Responsibilities and Powers, which sets out the key elements of a health and safety policy, one of which is supporting pupils with medical needs. Having visited a lot of academies, I do not think that there is any intrinsic reason to believe that they will carry this out less well than any other school. Heads of academies who I have met care about their children just as much as the heads of any other school. Academies are free to buy back services from a local authority.
I was asked by my noble friend Lady Walmsley about competitive sport. PE remains compulsory from the age of five to 16. The Government are keen to encourage competitive sport. I agree with her that it can play an important part in dealing with the issues. I am very happy to discuss with her further the slimmed-down Ofsted regime. Of the four categories that we have outlined, one is to do with behaviour and safety.
In response to questions about funding and as noble Lords might expect, there is little specific that I can say, but I was struck by the point made by the noble Lord, Lord Kennedy of Southwark, who said that this not a matter primarily of money and that it is much more to do with finding ways of working sensibly together.
Like, I think, all noble Lords, the Government are committed to ensuring that all children and young people with long-term medical conditions get the help and support that they need while at school. We will work closely with the Department of Health to ensure that. I would be delighted to meet the noble Lord, Lord Kennedy, to discuss this further or perhaps to point him towards my honourable friend Sarah Teather, who has departmental responsibility for these matters. I am grateful to him, as are all other noble Lords, for giving us the opportunity to debate these important issues.
(13 years, 7 months ago)
Grand Committee
That the Grand Committee do consider the draft Protection of Vulnerable Groups (Scotland) Act 2007 (Consequential Modifications) Order 2011.
Relevant document: 4th Report from the Joint Committee on Statutory Instruments.
My Lords, I formally welcome the noble Baroness, Lady Jones of Whitchurch, to her new post. I look forward to working with her as I did with her predecessor, the noble Baroness, Lady Morgan of Drefelin, on issues such as today’s debate and more generally.
The order makes amendments to support new vetting arrangements in Scotland that were created under the Protection of Vulnerable Groups (Scotland) Act 2007, to which I will refer from now on as the 2007 Act. Scottish Ministers have recently announced that their new scheme will be launched on 28 February 2011. The order is required to help them with the successful operation of their new arrangements and to make sure that we have the sharing of information across borders. Specifically, the order will enable the Independent Safeguarding Authority to provide information to Scottish Ministers for the purposes of their functions under the 2007 Act, and makes a necessary amendment to the Data Protection Act 1998.
This instrument focuses on amendments to the Safeguarding Vulnerable Groups Act 2006 and, as I said, the Data Protection Act 1998. The changes that the order would make to both pieces of legislation are of a technical nature and are being sought so that the scheme created under the 2007 Act can commence as intended, with effect from 28 February.
If I may, I will say a few words about the scheme created under the Safeguarding Vulnerable Groups Act 2006, which would apply in England and Wales, which is commonly referred to as the vetting and barring scheme. Last May, the Government stated their intention to,
“review the criminal records and ‘vetting and barring’ regime and scale it back to common sense levels”.
On 15 June last year, the Home Secretary announced that the intended start to registration would be halted so that the scheme could be reviewed with the aim of making it more proportionate. On 22 October 2010, we announced the terms of reference for the review of the vetting and barring scheme, alongside those for the criminal records review. I am aware that many noble Lords will be keen to know the outcomes of these reviews and I can confirm that the Home Secretary will announce those outcomes very soon. This announcement will propose changes to both the vetting and barring scheme and criminal records regimes, but I am afraid that today I am not able to provide more details or pre-empt the Home Secretary’s announcement.
I would like to make clear that the changes this order makes do not affect the review of the vetting and barring scheme and should not be seen as an indication of any changes to vetting practices within England and Wales. We do not wish to interfere with the wishes of the Scottish Government to proceed with their scheme as planned and so we are making these changes to existing legislation solely to ensure that there are no barriers to the launch of their scheme on 28 February.
Turning to the detail of the order, noble Lords will note that it makes amendments to two Acts of the Westminster Parliament. The first deals with the provision of information by the Independent Safeguarding Authority, otherwise known as the ISA, to Scottish Ministers for the purpose of their functions under the 2007 Act. The second relates to an amendment to the Data Protection Act.
The ISA has, since 2009, been the central body responsible for the barring of unsuitable people from prescribed work with children or vulnerable adults across England, Wales and Northern Ireland. The work of the ISA is focused on making decisions as to the suitability of certain prescribed individuals to work with vulnerable groups and barring those for whom there is a strong indication that they pose a risk to those groups. Its work involves a combination of considering referrals from bodies such as employers, local authorities and voluntary organisations, and looking at those individuals for whom there are grave concerns. It also holds the responsibility for the barring of individuals who have been either convicted or cautioned for a limited range of serious offences.
It is worth emphasising that the decision-making powers of the ISA extend only to England, Wales and Northern Ireland. A separate body, Disclosure Scotland, an executive agency of the Scottish Ministers, has responsibilities for barring decisions in Scotland. The legislation in each of the home territories recognises the bars imposed in the others. However, in order to ensure that the decision-maker in the relevant jurisdiction has all pertinent information available to it, it is vital that the ISA and Disclosure Scotland are each able to make relevant information available to the other where necessary.
This order therefore makes it possible for information relevant to the barring process, which the ISA has gathered, to be shared with Scottish Ministers. This sharing of information cross-border is necessary for the effective working of the Scottish scheme and, particularly in light of mutual recognition of bars, we believe that it is right for the ISA to provide Scottish Ministers with this information.
The second provision, the amendment to the Data Protection Act 1998, extends the current protection that Section 56 of this Act gives to individuals by covering records held under the 2007 Act. This will, for example, protect individuals who have obtained criminal records data under the 2007 Act from Scottish Ministers by use of a subject access request from being forced to reveal that data to an employer. As such, this is an important safeguard which is already in place in relation to the barring schemes in England and Wales and in Northern Ireland and we support the amendment which will give individuals in Scotland the same protection.
The order is drafted so that it would come into force on the day after the day on which it is made. If Parliament approves this order, we intend to have the order come into force in time for the launch date of the Scottish 2007 Act scheme. While the changes this order brings are of a technical nature, it is important that we do not stand in the way of the devolved Administrations exercising their right to govern in accordance with their stated wishes. It is in that spirit that I commend this order to the Committee. I beg to move.
I thank the Minister for his kind wishes and look forward very much to working with him constructively in the future. I thank him, too, for his explanation of the technical nature of the order and the purpose behind it.
The order builds on the important legislation introduced by the previous Government across the UK in response to the Bichard inquiry, which followed the tragic murders in Soham in 2002. As we heard, the Protection of Vulnerable Groups (Scotland) Act 2007 was Scotland’s response to the recommendation for a registration scheme for those working with children and vulnerable adults. We fully support this consequential order and the intentions behind it. Again, I understand that the Minister has underlined its technical nature and that some of the changes and information we request might be more pertinently directed to the Home Secretary when further announcements are made after the review.
In advance of that, I have two questions that the Minister may be able to answer today. First, given the enormous sensitivity of the information contained in the children’s and adults’ barred list, what steps are in place to guarantee the confidentiality of the information provided by the Independent Safeguarding Authority and Disclosure Scotland to Scottish Ministers? Secondly, how is it proposed to store the information? I am sure the Minister will be aware of the stories that blight all Governments about such sensitive information going astray. I would be grateful if he would confirm that proper protection is in place for the storage of that information.
Secondly, the regulatory impact assessment refers to the need for a post-implementation review to measure the time taken to process applications. As the Minister will know, this has been an ongoing source of frustration, particularly for those applying for jobs working with children. It is also potentially frustrating for volunteers who find that their attempts to help out with fairly simple tasks in schools and youth clubs are put on hold while their applications are processed. It may be that the Home Secretary can comment on this, but in advance of that, can the Minister say whether there is anything in the order that might lead to further delays in processing these applications?
My Lords, first, I am grateful for the welcome from all noble Lords for the thrust of this order and for their support for it. I fear that I shall need to take advice on some of the specific questions asked by my noble friend Lady Walmsley—particularly about the nature of the regime as it applies in Scotland—and come back to her, because I am afraid that I am not fully sighted on that. I should add that we have all had pyjama parties recently.
My noble friend the Duke of Montrose asked about mirrored arrangements and reciprocity. I understand that the arrangement by which information will be passed from Scotland to the other countries is already in place. However, I shall check that and, if I am wrong, I shall write to my noble friend correcting myself.
I agree with the noble Baroness, Lady Jones of Whitchurch, about the importance of data protection. In looking at these measures, I wanted to satisfy myself as much as I could that proper safeguards would be in place, because, as the noble Baroness said, we are all very conscious of stories about little sticks going missing. I am told that strict safeguards are in place and that Disclosure Scotland also adheres to information security protocols set by a body called the CESG and the Government’s National Technical Authority for Information Assurance. None of the information held by Disclosure Scotland can be stored or transmitted by CD, memory stick or any removable storage device, and no information can ever be transferred to or held on a laptop. I hope that that provides some security on that point.
There was a question about costs. The setting of fees is a matter for the Scottish Government, and fees for vetting in England and Wales would be part of the review announcement that will follow in due course from the Home Secretary. I will follow up the other points raised by the noble Baroness, Lady Jones of Whitchurch. As she said, they are more directly relevant to the Home Secretary, but if I need to come back to her with a more detailed response, I will do so.
Overall, I am grateful for the support expressed for this measure. It is technical in nature but marks an important move forward to help our colleagues in the Scottish Government, and therefore I have great pleasure in commending it.
(13 years, 7 months ago)
Grand Committee
That the Grand Committee do consider the draft Breaks for Carers of Disabled Children Regulations 2011.
Relevant documents: 9th Report from the Joint Committee on Statutory Instruments.
My Lords, although this instrument marks an important step forward in helping to provide breaks for the carers of disabled children, I am very conscious that this Government are following in the footsteps of the previous Government and of those, many of them in this House—particularly the noble Lord, Lord Rix, whom I am pleased to see, and of course my noble friend Lady Walmsley—who I know have campaigned tirelessly for many years to advance the rights of disabled children. Therefore, it is only right that I should start by paying tribute to all those whose work has led us to this point and to what I hope will be agreement on the next practical step forward.
We know that many in our House speak with huge authority on this subject, as well as from personal experience. I have neither of those qualifications, but it is impossible to listen to them and to the experiences of others and not understand that for many families a short break is almost literally a lifeline. At the very least it provides the opportunity to do the kind of things that most of us are able to take for granted.
The Children and Young Persons Act 2008 amended the Children Act 1989 in order to ensure that short breaks were placed on a statutory footing for the first time. These regulations are being made in order to provide further detail to local authorities about how that duty must be performed. Not only do they set out clearly the range of short breaks that must be offered by local authorities but they also require local authorities to have regard to the needs of different types of carers and to make all that information available to parents and carers. This is, we think, an important step along the road towards better support for the families and carers of disabled children, and I believe it is for that reason that the proposed regulations have been warmly welcomed by the organisation Every Disabled Child Matters.
Short breaks do not, of course, just provide parents and carers with a chance to have some time to do something else; they can also provide an opportunity for disabled children to spend time with a different adult or with children of their own age, helping them to feel more independent or learn something new. That is why we have been clear in these regulations that short breaks should be offered to parents not just as an emergency intervention when things have got really bad but as a way of providing support more generally as part of a package of things to make life a little more tolerable.
However, what seems to have become clear over the years is that short breaks benefit families only if they genuinely provide respite. It is no good, for example, offering a child an hour at a specialist group every week if it is a three-hour round trip to get the child there in the first place and the parent has to sit in the car during the break because it is too far from home to drive back. It is no good either if the only break offered is during the week or if the child’s parent is fine during the week but struggles to cope during school holidays.
That is why it is so important that these regulations are clear that a range of breaks must be in place at different venues and at different times of the day, week and year. I am sure that noble Lords will agree that the service would be meaningless without the flexibility for breaks to be matched to the needs of those families in the local authority’s area. I believe that in most areas parents are beginning to have more of a say about the kind of breaks which really make a difference for them and, crucially, their children, with the result that we are seeing the introduction of all sorts of new breaks.
In addition, Together for Disabled Children, which supports the delivery of short breaks in local areas, reports that there is a link between good engagement by parents in the design of the service and value for money. That is one reason why we have said that we want local authorities to provide information to parents about the services available and to consult them about those services. The short breaks services statement will mean that many more parents can see what is on offer and challenge their local authority where they do not think that the offer is good enough.
The Government are also clear that, in providing a short breaks services statement, local authorities will need to make an assessment of local needs and what local parents want. We know that the opportunities and offers will be different in different areas, and we want local authorities to continue reflecting this in what they offer to disabled children and their parents.
I know that noble Lords will be aware that in December the Department for Education announced that through the early intervention grant it would make more than £800 million available to local authorities over the spending review period for the provision of short breaks. That funding marks an increase from this year and will increase modestly in each year of the spending review. I know that there are questions, to which I am sure we will come, about the ring-fence, but I am sure that noble Lords will agree that in a difficult economic climate this increase is an earnest of our intent and a sign that we are keen to build on the good progress made by the previous Government.
The Department for Education will also publish guidance to accompany these regulations. We are working with a group of local authorities to produce practice guidance, which will provide local authorities with more detail about these regulations, as well as provide good examples of where services have been well received. The guidance document will be published as soon as possible once these regulations have been made. I am sure there will be broad agreement on the importance of providing this detail to local authorities. We believe that these regulations will help to ensure that short breaks services are an important part of the support available to carers and parents of disabled children. I beg to move.
My Lords, I thank the Minister for his explanation of the purpose behind the regulations. As he acknowledged, the issue of breaks for carers was taken extremely seriously by the previous Government, which set out the groundwork for these regulations in the Children and Young Persons Act 2008 and set in train a major investment in support for disabled children through the aiming high for disabled children programme. Our main concern now is to ensure that the progress, the investment and the momentum created by the previous Government are maintained.
The whole issue has come to the fore in the very sad case reported in the press last week of Riven Vincent, who has asked her local authority to take her severely disabled child into care as she can no longer cope because of the lack of respite care. Although this single case has hit the headlines, we can be sure that many other parents are struggling with similar crises in their lives. It is therefore vital that we get the provisions right and relevant to meet the known needs of the estimated 700,000 disabled children in England.
The Government have changed the original intent of the legislation in a number of key ways, including: removing the ring-fencing of the funds, to which the noble Lord has already referred; the monitoring and assessment via the children and young people’s plan; and granting greater autonomy to local authorities to interpret their responsibilities in this area. I hope that the Minister will be able to reassure me that the priority for breaks for carers envisaged in the Act will be maintained.
I have a number of questions for the Minister. First, the department’s own impact assessment states:
“We consider that where LAs indentified and funded their own delivery support, only high performing LAs would continue to improve, leaving a mixed picture of services for families in need”.
Can the Minister reassure me that there will be a comprehensive breaks service across the country rather than the rather patchy service suggested by his department?
Secondly, there was considerable pressure on local authorities to prepare for the duty that would have come into force in April 2011, and a great deal of progress has been made. Can the Minister give an assurance that the Government’s new emphasis on local autonomy will not let local authorities off the hook, so that they are forced to give this issue priority rather than responding to vocal local pressures from electors to fund other issues?
Thirdly, how will the Government monitor progress? What information will be collected centrally and how will the quality of local services for the carers of disabled children be assessed?
Finally, how will the Government ensure that the needs of the most vulnerable families are protected, given that disabled children are much more likely to live in poor housing and be in the lowest income groups? For example, children from BME families are the least likely to access the services currently available. Is there not a danger that services will be provided only to those who shout the loudest and not to those who are the most vulnerable and least able to stand up for themselves and argue for provision in their area?
I hope that the Minister will be able to reassure me on these points.
My Lords, I, too, thank the Minister for his explanation and welcome the regulations. I also have some questions. Will Regulation 3(b) have regard to the needs of carers whose break from caring may involve an extended leisure activity such as a holiday, rather than simply, as the regulation says, a “regular leisure activity”? I echo the words of the noble Lord, Lord Rix, about the importance of regular breaks from caring, if that is what carers choose, because I believe that regular breaks—a little bit of respite every now and then—can provide long-term stable care for disabled children, which is vital.
Is it sufficient for local authorities merely to publish their short-break services statements on their website? Surely they should do a little more than that. Should they not be proactive in contacting existing carers, rather than just publishing the information, especially in the light of the fact that the Explanatory Memorandum indicates that only a third of those eligible currently receive short breaks? We do not know whether that is simply because they are not aware of what is available and do not apply or whether it is because of shortage of money. Can the Minister say whether the practice guidance outlined in paragraph 8.4 of the Explanatory Memorandum will provide any guidelines on the criteria by which eligibility for the services outlined in Regulation 4 will be assessed?
I move on to a point about ensuring that this all works out in practice on the ground, which of course is very important. Is there any plan to require local authorities to publish a sufficiency assessment? The Minister talked about quality, but will local authorities also be obliged to publish an assessment of whether the quantity of short breaks that they supply is sufficient?
Can the Minister also say whether he expects a large number of applications for short-break services to result from the publication of these pieces of information by local authorities and whether any extra funding is likely to be allocated to local authorities if they report a large increase in the number of carers applying for short breaks? Does he agree that there may be a risk that, although these regulations may widen the number of people who apply for short breaks, the danger is that the funding per capita will go down to the point where the efficacy of the breaks will deteriorate? I do not think that any of us wish to see that.
Finally, can the Minister say when the Government expect to publish the initial practice guidance, to which he referred? How will this guidance be disseminated to relevant groups and how frequently do the Government intend to update it? Groups such as Every Disabled Child Matters will pay very careful attention to the guidance, but individual parents will also be interested in their local authority’s guidance so that they, as individual parents, can hold the local authority to account against the guidance.
I am grateful for the comments made and for the general welcome for the detail of the regulations. I am glad to have had the endorsement of the noble Lord, Lord Rix, and I am grateful to my noble friend Lady Walmsley for her typically probing and detailed questions, some of which I will have to come back to, if she will allow me. I will circulate the letter to those who have an interest in the matter as she raised important questions about monitoring.
There is broad agreement and I am happy to respond to the noble Baroness, Lady Jones of Whitchurch, who said that she wanted reassurance that we will build on the momentum that has started and the work that the previous Government have done. I accept fully the point that as arrangements bed down, we will want to ensure that they work well on the ground. The ring-fence has concerned many. There is a tension operating between wanting to give local authorities more freedom to provide services that they think are best, and which best match the needs of local people. We need to bear in mind that the needs of carers in a sparse rural area like Cornwall will be different from those for families in more dense urban areas. We are keen to have flexibility, and it flows from there that we want to give that discretion to local authorities.
I hope to provide some reassurance that there is a statutory duty on local authorities to provide those services. On the publication of the statements, I agree with my noble friend that a website is one way of disseminating information but not the only one. Generally, we will all in our different ways want to make sure that people are aware of their rights and the opportunities open to them. I hope that the provision of information and the shining of a spotlight will bring healthy pressure to bear on the providers of services and make sure that they are of high quality. I accept that we need to keep a careful eye on that. It is not enough just to construct a system, but not see how it operates in practice. We will all have a common interest in pursuing that.
My noble friend Lady Walmsley asked about guidance which will be published very soon. The department has been working on it with local authorities and, as part of the guidance, two local authorities have come up with a draft statement of the services that they provide, which we will disseminate widely. One of the arguments in having a non-statutory approach to the guidance is that one can keep it flexible and keep updating it to take account of circumstances on the ground. Services will develop and we can learn from best practice in different parts of the country. We want to keep things flexible to make sure that those lessons are learnt.
On the point about the obligation and duty on local authorities, Regulation 5 requires local authorities to have regard to the views of carers. The guidance will deal with questions of quality. Overall, I welcome the points made about the benefits of these regulations. Some of the broader concerns raised about how things will work out in practice I accept and understand, and we will work to address them.
I will follow up any specific points that I have not addressed and circulate the responses but I hope that, given the support that these regulations have received from voluntary groups and those concerned in this area generally, the Committee will approve them. I have great pleasure in commending them to the Committee.
Before the Minister sits down, I hope that I may gently press two points that I raised. He may wish to reply to them in writing but I would certainly like an answer at some point. First, if we are not careful, those who provide a good service at the moment will carry on providing a good service and those who do not will carry on providing not such a good service. I am not sure where the impetus is for the new scheme to raise standards across England. Where is the impetus to raise standards across the board? There is a danger that we will carry on having unfair distribution.
Secondly—I ask this question in innocence as much as anything because I do not know the answer—how will the £800,000 be monitored? Will there be a mechanism in place to see how a local authority spends it? Is there any mechanism in place to identify what proportion of the money actually goes into breaks for carers, or are the Government just relying on the good will of local authorities to follow up their statutory duty?
My Lords, I accept the force of the noble Baroness’s first point about wanting to make sure that quality generally is raised and that we are able to learn from good practice and spread it more widely. I understand that we are looking at incentive payments for meeting those duties under the early intervention grant. There may be other more detailed ways in which we are following that up and if there are I will come back to her on those. As regards underperforming local authorities, I understand that we have advertised a contract to continue supporting local authorities to deliver better services working with the voluntary sector. That may also be part of the answer to the noble Baroness’s question.
As regards what one does about following the money, as it were, I come back to my point that there is a statutory duty on local authorities to provide these services, as the noble Baroness recognised. However, it is true that one of the consequences of removing ring fences and devolving responsibility for spending money to local authorities is that one does devolve that money and allows local authorities to make those judgments. However, I think that, collectively, a range of people will want to make sure that those statutory duties are fulfilled and that local authorities provide decent services to some of the most vulnerable people and their carers who do a heroic job and need all the support that they can get.
(13 years, 7 months ago)
Lords Chamber
To ask Her Majesty’s Government whether they will consider omitting from school league tables children on free school meals or statemented as having special educational needs.
My Lords, the Government are committed to giving parents more information rather than less. We want to raise the attainment of the most disadvantaged and lowest attaining pupils, and to report on how schools do in narrowing the attainment gap. We will also support such children through the introduction of the pupil premium, which will be targeted at those on free school meals, many of whom will also have special educational needs.
I thank the Minister for his reply and note that the Secretary of State for Education has recently decided that the judgments in league tables on the passage through GCSE for five subjects is to be tightened up, to ensure that schools choose not the softest subjects but rather the crucial subjects for their children to take. I commend him on that. However, given that schools will be judged on their work with not just the highest flyers but children with the greatest need, I wonder whether it would be wise in the league tables to exclude children with special educational needs from the attempt to measure schools comparatively, and to include a list or proportion of the number of specially educationally disadvantaged children at a school to ensure that head teachers and others do not attempt to escape from their responsibilities.
First, I think everyone in this House agrees on the need to try to narrow the attainment gap. The previous Government did quite a lot of work in that regard, which I am happy to recognise. I recognise the challenge that schools have with special educational needs but, by the same token, many who know far more than I do about the issue would not want to take the step of excluding children with special educational needs from measurement or being treated in the same way as other pupils in the school. More generally, it is important to publish more information about a school’s performance. My noble friend is absolutely right that we need to hold those schools to account for their performance and we think that that is best done by publishing more rather than less information.
Is the Minister aware, as I am sure he is, that when the noble Baroness, Lady Warnock, produced her report, she referred to children who needed statements with special educational needs as being approximately 2 to 2.5 per cent of the 20 per cent of children who are not statemented, and should not be, but who have special needs? Is he also aware that many of those are concentrated in schools that have a welcoming atmosphere, and that take on board children with special needs at the risk of those special needs interfering with their attainment? Surely—this applies to all Governments—the ideal is to measure the value added by individual schools rather than merely looking at the attainment.
I accept fully the force of that point, and one of the changes that we are keen to make with our new floor standards is to measure both attainment and progression. The previous floor standards had only an attainment measure and we are planning to introduce a progression measure. I accept the force of that entirely. To go back to the previous point, it is clear that children come in all shapes and sizes, and one needs to try to have measures that reflect what a school does to bring out the best in those children, regardless of where they start from.
Is my noble friend aware that many years ago I worked for the Inner London Education Authority in Hackney, dealing only with children receiving free meals? There was by no means any link between the fact that they received free school meals and their educational ability, and it would be a great mistake to use that as a divining rod of what the results should be.
I agree with that point. On the back of the Question I looked at precisely that area, to try to correlate schools with the number of free-school-meal pupils and the results. A quick look bore out the point made by my noble friend. Mossbourne Academy has 54 per cent of its pupils on free school meals and 72 per cent of those pupils get five A to Cs including English, maths and science.
(13 years, 8 months ago)
Lords ChamberMy Lords, I beg leave to ask the Question standing in my name on the Order Paper. I declare an interest as chair of the All-Party Group on Modern Languages.
My Lords, following the spending review, all funded programmes are being closely examined to determine their value for money and contribution to government priorities. I am pleased to confirm that the process has been completed for this scheme, and the language assistants programme will continue to be funded in England over the spending review period.
My Lords, I thank the Minister for that reply. Does he accept that the programme deserves to be guaranteed beyond the spending review period? Without a year abroad as a language assistant, the quality of a modern languages degree will be undermined, especially for students who hope to go on to become teachers or professional linguists. Does he also agree that what works out at a cost of around only £126 a head is extraordinarily good value for money?
My Lords, I am very happy to confirm that it clearly is a successful programme, which is why we are happy to continue to fund it for the rest of the spending review period. However, I think that I would get into the most enormous trouble if I started committing the Government into the next spending review period.
My Lords, given the abolition of Becta, how will the Government ensure that schools have the appropriate ICT equipment, back-up and know-how to allow them to make the very cost-effective use that some schools are already making of teleconferencing in accessing native language speakers? Some schools are doing that very cost-effectively. Teleconferencing allows one native language speaker to support several schools from one location, but they must have the technology to do it.
My Lords, I am grateful to the noble Baroness for bringing that scheme to my attention. Clearly, technology can have an important role in many aspects of education, including the teaching of modern foreign languages. Given the work that Becta has done over a long period, including the work done under the previous Government, the general view is that the use of technology is well embedded in schools, but that is clearly something that we need to ensure continues.
The continuation of the British Council language assistants programme to 2015 is welcome. However, as the noble Baroness, Lady Coussins, said, it should go further for very practical reasons. Will the Minister acknowledge that, through this programme and many other means, the British Council has consistently fulfilled its mission of increasing the international understanding of, and trust in, the United Kingdom? Does he recall that in recent years the council has cut its UK workforce by a third, increased its turnover by over a third to more than £700 million and further demonstrated its increased face-to-face contact, especially with young people, by increasing that number from under 13 million to 20 million? Against that background, is it not clear that the Government’s cut of 26 per cent in public funding for the British Council is evidence that under this Government virtue hath its own punishment?
My Lords, I am very happy to acknowledge the contribution made by the British Council, particularly in the language assistants programme. I completely accept the extremely important role that that plays, particularly with young people. One of the reasons why I am very supportive of the work which the noble Baroness, Lady Coussins, is doing to promote the teaching of modern foreign languages is that it helps to build ties between different countries. Those ties and the cultural role of that work are extremely important.
My Lords, is the Minister aware of the work that is being done by the British Council in North Korea? I recently saw the work of English language teachers there. Over the past decade, they have been teaching teachers to teach English in schools in that most benighted of places. It is a wonderful sign of hope that English has now become the second language in North Korea as a result of the work of the British Council. Surely, we should do nothing whatever to jeopardise the small steps that are being taken in remote parts of the world where English may offer the best hope for people living in benighted places such as North Korea.
I agree with the point that the noble Lord makes but I also think that it is very much a two-way traffic. That is one of the benefits of this scheme. Other countries benefit from our young people going there and helping to spread English and we benefit from young people from those countries coming here and helping our young people to learn languages.
My Lords, clearly the Government have a lot of thinking to do to build fully on the Dearing report and to develop fully their policy on languages and IT. The Business Secretary is concerned about the Government’s rush to reform and the resulting mistakes. Education policy is a prime example of this, as are the Building Schools for the Future fiasco, the schools budget cut despite announcements, and the embarrassing U-turn on school sport. Does the Minister agree with his colleagues in the coalition that education policy is a car crash, or is it perhaps a rail crash?
My Lords, whichever travelling metaphor is used that my brain is not quick enough to think of, I feel extremely comfortable with the direction of travel taken by the Government on their education reforms. I consider myself extremely fortunate to have been able early on to introduce the Academies Bill. So far, we have received more than 330 applications from schools to convert to academies. We are making rapid progress across the piece in education.
As for modern languages, which was the point behind the original Question, from which we have deviated quite a long way, the review of the curriculum is an extremely important part of how we address the very serious challenges, some of which we inherited from the previous Government, around the teaching of modern foreign languages. We will announce the review in the new year, and the review will be a proper, thorough and rigorous look at the place of modern foreign languages in the primary and secondary curriculums.
(13 years, 8 months ago)
Lords Chamber
To ask Her Majesty’s Government whether they have any plans to shorten the time taken to approve adoptions, particularly adoptions of infants.
My Lords, the Government have established an adoption advisory group to provide expert advice on removing barriers and delays to adoption. We have also written to local authorities to ask them to do everything possible to increase the number of children appropriately placed for adoption and to improve the speed with which decisions are made. The family justice review is currently considering what changes are needed to the family justice system, including the reduction in delays.
I am most grateful to the noble Lord for that very encouraging reply. I am sure he is aware that every day that a young child bonds with a person who is not going to be his or her principal carer is to the disadvantage of that child. Has the noble Lord or the department thought about—and, if not, I ask him to put it to the committee he described—the concurrent planning scheme devised by the Thomas Coram Foundation for Children fairly recently, whereby the person who fosters the child is the person who ultimately will adopt it, so that the child has the minimum of chopping and changing in those precious early years?
My Lords, I will certainly take that point back. I know that there are arguments in favour of concurrent planning. I am also aware, though, that people say that it is not necessarily a panacea for the problems that the noble Lord describes. As part of the broader point about discussions with the department, my honourable friend Mr Loughton, the Minister responsible for adoption, is extremely keen to make progress on this matter and has asked me whether, perhaps through the noble Lord, we could organise a meeting with all Peers who are interested in adoption, perhaps early in the new year, to get the benefit of views from this House and to help us try to drive this policy forward.
Will the Minister ensure that there is a neuroscientist who specialises in babies’ brain development on the committee to which he referred? Is he aware of the great importance of keeping stress away from babies during the very early years, because otherwise the brain does not develop normally and the child has all kinds of problems later in life? A scientist of that nature would understand the urgency of the matter.
My Lords, I will look into who is on the advisory group. I am afraid that I cannot remember the membership. I will also be sure to relay my noble friend’s important point back to the responsible Minister.
My Lords, is the Minister aware of the adoption legislation passed in the Scottish Parliament in January 2007, which contained many new measures designed to speed up the adoption process in the interests of children? Will the Government ensure that there is good co-ordination between the different jurisdictions in the United Kingdom to ensure that no bureaucratic obstacles are put in the way of adoption as a result of the devolution of adoption legislation in Scotland, Northern Ireland or elsewhere?
I am grateful to the noble Lord for that point, which is well made. It seems to me that one of the issues we have with adoption generally is the great disparity in England between different local authority areas. We know that some local authorities are able to place 100 per cent of children within 12 months. Another local authority that I am aware of can place 38 per cent within that period. There are huge differences, and I think that extending the principle on a broader level, which the noble Lord argues for, is certainly worth reflecting on.
My Lords, I declare an interest as a former judge who tried adoption cases over many years. I expect that the Minister is aware of the importance in contested adoption cases—which nearly all these cases are—of having social workers and CAFCASS welfare officers as guardians. What will the Government do to ensure that there is a sufficient supply of experienced social workers, and CAFCASS officers in particular, to look after children who are placed for adoption?
I agree with the noble and learned Baroness about the importance of having a sufficiency of well-trained social workers. In an earlier discussion in this House, there was broad agreement on the importance of making sure that there is a good supply. The crucial role that they play in this process is not always fully appreciated. More generally, in terms of the court system, in parallel with the other initiatives that my honourable friend is taking, a review of the family justice system is under way that must also look into these important issues and get the balance right—I know that this is a concern of my noble friend Lady Knight—between privacy and transparency, so that we know what is going on.
My Lords, will the Minister affirm the conviction that every child matters? In that context, will he tell us how he will ensure, in the light of the encouragement to local authorities at a time when ring-fencing is being lifted, that there is good support for voluntary adoption agencies, not least those run by Anglican and Roman Catholic dioceses?
I agree with the point made by the right reverend Prelate about the importance of voluntary adoption agencies. One issue around the timeliness of adoption—this point lies behind the Question of the noble Lord, Lord Northbourne—is that some local authorities appear to have been slightly resistant to using voluntary adoption agencies. In part, there has been an issue over the perceived greater expense of these agencies. However, research shows that when you take all the figures into account, including overhead costs, voluntary adoption agencies are no more expensive than local authority provision.
My Lords, will my noble friend assure the House that the rights of parents who strongly object to having their child adopted are clearly heard, and that they are allowed to speak in their own defence in a court of law?
It is absolutely the case. With all these difficult issues, the paramount point is to protect the rights of the child. I completely agree with my noble friend that one should make sure that parents, too, have every opportunity and right to make their views known. As part of the review of the family justice system, the point that my noble friend makes will be borne very much in mind.
My Lords, the noble Lord talked about the necessity of having well trained social workers. Does he think that the review being undertaken might look at the curriculum for social work training to see whether any changes or developments need to be made?
I will need to follow up on that point. I will come back to the noble Lord, if I may.
(13 years, 8 months ago)
Lords Chamber
To ask Her Majesty’s Government what assessment they have made of the impact of the decision to withdraw the grant from the Youth Sport Trust; and what consultations were undertaken before the decision was made.
My Lords, we looked carefully at the impact of the Youth Sport Trust and the school sport partnerships in recent years. While there has certainly been progress in some areas, the overall level of participation in competitive sport remains disappointingly low. The Government are bringing forward proposals to promote an Olympic and Paralympic-style programme where the Youth Sport Trust has been on the steering committee. We hope that this will lead to more involvement by more children at all levels.
My Lords, I thank the Minister for his Answer, but it is important to understand that the decision by the Secretary of State to cut completely the dedicated fund for school sports, condemned by head teachers, sports people and 600,000 young people yesterday, will mean the demolition of the 450 school sport partnerships across the country; partnerships that include every single school, including the smallest primaries and special schools. Despite the Secretary of State’s view that they are inefficient, repeated I understand by the Prime Minister today, independent evaluation has said that the partnerships have led a remarkable revival in school sports. I also understand that the Department of Health and the Department for Culture, Media and Sport want them to continue.
In that regard, will the Minister not ensure that funding at least for the continuation of that infrastructure will be found within the department?
My Lords, as the debates in another place revealed a couple of weeks ago, there is broad agreement across the House on the importance of sport and on the fact that we want to have a very strong legacy from the Olympic and Paralympic Games.
In terms of the performance of the school sport partnerships, again there was broad acceptance that the record is mixed. I certainly do not subscribe to the view that there was not good work done—there clearly was good work done—but equally there is acceptance that it was not universally good across the piece, and there are many people in sport who would also make that argument. In terms of going forward, what I hope we are united on is the need to find an effective way—we may differ on the means—of making sure that there is a strong and lasting Olympic and Paralympic legacy.
My Lords, can the Minister explain what options were considered for consulting more locally—perhaps with head teachers, schools, or even some of the children who were so vocal outside yesterday—before this decision was made? It is not just about an elite sports pathway; it is about the serious impact that a fall in participation could have on all our children’s future health and well-being.
My Lords, I always listen with particular care to the points made by the noble Baroness. In a debate a few weeks ago, she made a very powerful intervention. I take her points very much to heart. My honourable friend Mr Loughton, the Minister for Children, is working with colleagues at DCMS to make sure that head teachers have the opportunity to express their views. As someone who could never have been described as an elite sports person—unlike the noble Baroness—I also agree very much with the point that we want to encourage participation for people at all levels, as well as making sure that there is a proper legacy.
My Lords, many of our Olympians and top sports stars were discovered and cultivated by sport specialists at schools and went on to make our country very proud—the noble Baroness is an example. Can my noble friend the Minister assure us that measures will be put in place to compel head teachers to spend money on sports and sport specialists, and not to divert funds into other areas at the long-term expense of sport and sporting legends?
I agree with the thrust of the point made by my noble friend about the need to make sure that sport is given due weight. Part of what we need to look at in our overall considerations is the review of the national curriculum, to make sure that the emphasis that PE is given—in particular the competitive aspects of PE—is properly reflected. Our contention, as the noble Lord, Lord Kinnock, suggested, is that we are trying to devolve responsibility and funds to heads of schools across the board to make those decisions. We expect that heads will want to continue to make sure that sport is given due and proper weight.
I apologise. Members of this House will remember that when the announcement was made about the withdrawal of funding, there was a firestorm of fury across the whole sporting family. It came from schools, colleges, elite athletes and people supporting the legacy of the Olympics. This outrage was no surprise. I think that No. 10 was somewhat taken by surprise, to the extent that it issued a statement saying that it would rethink this. At today's PMQs, the Prime Minister said that there would be no rethink. My question to the Minister is: will you have a rethink or will you rush headlong into the devastation of sport for a whole generation and many years to come?
The situation is that, in the light of the debate around sport following our announcement, my department and the Department for Culture, Media and Sport are considering how best to ensure that we have a proper legacy for the Olympic and Paralympic Games. In due course, we will come forward to set out more detail.
As a mere Back-Bencher, perhaps I may ask the noble Lord whether it is true that this function was previously devolved to headmasters. They had the responsibility for ensuring that there was competitive sport. However, in practice it did not work, which is why we had to establish the bodies that we have been speaking about. If they are to be abolished, what will the Government put in place to make sure that we do not slip back to what we had previously?
As I said in my previous reply, work is going on to set out our thoughts going forward. It is also true that when the system with the Youth Sport Trust and the school sport partnerships was set up, a former Labour Sports Minister said that the expectation had always been that if it worked well—and after £2.4 billion of expenditure, there are good examples of where obviously it has worked—it would be embedded in the system, and therefore it would be more appropriate for head teachers to take that responsibility.
(13 years, 8 months ago)
Lords Chamber
To ask Her Majesty’s Government what will be the requirements for a child to be eligible for a pupil premium.
My Lords, the Government consulted on the eligibility criteria for the pupil premium earlier this year and that consultation ended on 18 October. This consultation included proposals for eligibility criteria, including free school meals, tax credit data or commercial packages, as well as on whether to include looked-after children and service children. We are considering the outcome of the consultation and will make an announcement in due course.
I thank the Minister for that reply. Perhaps I may remind him that at present children on free school meals get roughly half the proportion of GCSEs at A to C level as those who are not on free school meals—that is to say, their attainments are half as great. Given that, can the Minister tell us how he will ensure that pupil premiums are indeed paid to advance the attainments of disadvantaged children and that schools are not tempted to use those payments to encourage more children on the edge of getting five A to Cs rather than those where the return will be certainly slower? Will he consider making it an entitlement—not a general grant but an entitlement—for each disadvantaged child?
I am grateful to my noble friend, and I agree with her that it is extremely important that the purpose of the pupil premium—to help the children who need it most—is upheld in the system we deliver. She is absolutely right about the disparity in educational achievement between children on free school meals and those who are not on free school meals: 54 per cent who are not on free school meals get five A* to C while only 27 per cent who are on free school meals achieve it. The point about ensuring the money is used for the purpose for which it is intended is absolutely right. Our intention is that it will be for heads to spend as they think fit the money which will go to schools, in the way that they believe can best deliver help to the pupils they know. However, they will have to account each year for how the money is spent. I agree with my noble friend that one would not want the money to be used for people who are, as it were, gaming the system. That is part of a broader consideration we need to take about how to ensure that the system is not gamed in future.
The point about the pupil premium is that it is linked to deprivation. As we all know—no one better than the noble Lord, Lord Rix—there is a lot of overlap between children with SEN and children with deprivation. The key point is that the pupil premium is intended for deprivation.
My Lords, considering that Gypsy, Roma and Traveller children are the most educationally deprived of any section of the community, will the pupil premium be payable automatically in respect of those children?
That is an extremely good question. I suspect that there is a question around the identification of those children, but if they are being educated and are registered in school, and if they fulfil the eligibility criteria, as one would imagine they would, then the money for that would go to that school.
My Lords, who will monitor the annual review to which the Minister referred, which is at the discretion of head teachers, and who will be responsible for undertaking that review? How will those head teachers themselves be held accountable?
As I said, my Lords, the intention is that those head teachers will spend it as they think fit. It will be a matter for their judgment because they know the pupils best. If, for instance, they think that the money would be better spent on one-to-one tuition rather than something else, they should make that judgment. We suggest they should have to account publicly to parents and publish how the money has been spent, so that people can see the linkage between the money and what it is spent on.
My Lords, given the importance of early intervention, will the Government supply an equivalent amount of money to early-years settings that take children from very disadvantaged backgrounds? If so, will the same criteria be used as are used for children who are at school beyond the compulsory school age?
As my noble friend will know, because she and others in her party have campaigned for this so hard, the Deputy Prime Minister announced fairly recently that there will be a sum, building up to £300 million over the spending review period, for extending help for the most disadvantaged two year-olds in early education.
My Lords, will the eligibility for the pupil premium be broadly similar to that for the current education maintenance allowance? If the Government are serious about increasing educational opportunities, should not eligibility for the pupil premium passport entitlement to the EMA at 16 and bursaries for tuition at university thereafter?
My Lords, the pupil premium, as the noble Lord knows, is intended for pupils from the age of reception up to year 11. I am aware of the issues around the education maintenance allowance and the point that underlies the noble Lord’s question. The enhanced discretionary fund, which will be targeted on those who most need the help, will, I hope, deal with some of that. For 16 to 18 year-olds, deprivation factors are already in the funding formula which will help to address some of the same issues.
My Lords, what do the Government intend to do with those head teachers whose reports to parents indicate that the money was not used for the premium?
As usual, my noble friend is a few steps ahead of me. We will need to address how we police that, and to reflect on the point made by the noble Lord, Lord Campbell-Savours, as well. We are not yet even at the point of announcing the premium so I am afraid that I cannot give my noble friend a completely satisfactory answer about what we will do in a year’s time.
But did not the noble Baroness put forward a perfectly legitimate solution to the problem? In many of the areas of localism, which many of us support, there will be people who do not implement what the Government wish, and they will not be accountable in the way that one would expect. Should we therefore not be moving towards ensuring more entitlement to the basic requirement, such as making the pupil premium an entitlement?
My Lords, obviously I heard the point made by my noble friend and underlined by the noble Lord. We need to reflect on these points and will announce before Christmas how we will go forward on the pupil premium, what the eligibility criteria will be, and how it will operate.
(13 years, 9 months ago)
Lords Chamber
To ask Her Majesty’s Government whether they will review the rules which permit local authorities to remove babies or children from the care of their parents.
My Lords, we have no plans to review the rules governing taking children into care. The law, which has been in place since 1989, is clear that children should live with their parents wherever possible. However, action must be taken if a child is suffering, or is likely to suffer, significant harm. Where a child is taken into care on a care order, the court is required to treat the welfare of the child as its paramount consideration.
My Lords, why do family courts not follow the normal rules of justice and fairness practised in all other courts? Why are parents who are under threat of losing their children not permitted to know of any written evidence against them or to have an independent expert challenge such evidence? Why are they threatened with prison if they complain to their MP about that?
My Lords, I am aware that there are issues around the operation of the family courts system and a review of the family justice system is under way. I will reflect on the points made by my noble friend and would be happy to discuss them with her further and to arrange a conversation for her with my honourable friend Mr Loughton, who is the relevant Parliamentary Under-Secretary.
My Lords, the Minister will be aware that, following the Baby Peter case, there was a 37 per cent increase in referrals to the family courts on care orders. I wonder what the Government’s response is to that, bearing in mind that this is a local authority responsibility. The Government need to do all that they can, given what such an increase means for the nation’s children, to ensure that local authority social workers have as much support as possible through all the government channels that have been put in place in the near past, including the preventive services such as Sure Start and other under-fives services, so that children can stay with their families safely when appropriate.
I agree with both the main points made by the noble Baroness. In my Answer, I said that we think that the legal framework is broadly correct. The key issue is clearly the ability of social workers on the ground to make the right judgments. Those involved work extremely hard in almost impossible situations, but they are criticised from both ends because they are thought to intervene either too quickly or not quickly enough, so it is terribly difficult. Training is vital, and they need support. I also take the point about Sure Start centres.
I was very pleased to hear the Minister reaffirm that social workers must make these very difficult decisions on the basis of the paramountcy of the child’s interest, as enshrined in the Children Act 1989 and in the Every Child Matters agenda established by the Labour Government. However, is he aware that the every child matters website now displays a very prominent and somewhat intimidating warning that it may not reflect the policy of the new Government? Does this mean that the coalition is abandoning the principle that every child matters?
It is clearly not the case that the coalition Government are abandoning the principle that every child matters. I will look into the specific point that the noble Baroness makes about the website. That clearly is not the purpose. I hope that the priority that the Government give to caring for children, looked-after children and children at an early age is as strong as ever.
My Lords, I was recently contacted by a distressed grandmother because her grandchild was being taken into care by the local authority and it had not included her in its decision-making process. Can the Minister assure the House that, whenever there is a question of a child being taken into care, there is always a family group conference including wider family members who are willing to become kinship carers? Will he consider giving support, both financially and otherwise, to those kinds of carers who are willing to give a happy, stable home to vulnerable children?
All those points are very well made. I will follow them up with my honourable friend Mr Loughton to make sure that the force of those points is properly reflected in the department.
Does the Minister accept that the Children Act 1989, to which he has already made reference, is perfectly adequate and fair in dealing with these situations? Even where the natural parent or parents of a child have let that child down badly by placing the child in jeopardy, nevertheless, no family court—whether it be the High Court, the county court or the magistrates’ court exercising that jurisdiction—should take away that child from another member of the family who is prepared and willing to take on that responsibility.
My Lords, I think that the Act makes clear that the priority in making those decisions is that a child should stay with the family or with a suitable family member. No one wants to get into the situation whereby there is a presumption that a child should be taken from the family into care. Everyone would want the child to remain with the family or a member of the family as long as the child is not at risk.
My Lords, my noble friend said that he would reflect on the Question of the noble Baroness, Lady Knight of Collingtree. Will he also reflect on the fact that the experience of Members of Parliament is that a lot of the distress caused in this area is due to lack of adequate and comprehensive communication between the local authority and the parents? Perhaps he might see whether, arising out of his reflection, some guidance would be helpful.
I am happy to take those points back and I hope that the Munro review, which is looking into this whole area much more broadly, will also come forward with helpful suggestions for all of us in this difficult area to make sure that we get the balance right.
Will the Minister confirm whether his honourable friend in another place was misquoted or quoted correctly as saying that people who volunteer could help families with vulnerable children—something with which we all agree—and that, as a result of such voluntary activity, there could be a reduction in the number of specialists working in this field? Will he confirm that volunteers should never replace but only complement qualified social workers?
I am afraid that I am unable to answer the first part of the question on whether my honourable friend was quoted or misquoted, but I will happily look into that and, if I can get an answer for the noble Baroness, I shall. On her second point, I can confirm that, much though we all want to encourage volunteers across the piece in all sorts of ways, the key role of well trained professional social workers must lie at the heart of dealing with these difficult and sensitive issues.
(13 years, 9 months ago)
Lords ChamberMy Lords, with the leave of the House, I should like to repeat a Statement made in another place.
“Mr Speaker, with your permission, I should like to make a Statement to accompany today's publication of the coalition Government’s White Paper on schools.
England is fortunate to have so many great schools, so many superb teachers and so many outstanding head teachers. Their achievements deserve to be celebrated, and I was delighted that, last week, the Prime Minister and I were able to meet hundreds of the very best school leaders in Downing Street, congratulate them on their work and welcome their commitment to the academy programme.
We are fortunate that our school system has important strengths, but our commitment to making opportunity more equal means that we cannot shy away from confronting its weaknesses. We are failing to keep pace with the world's best-performing education nations. In the past 10 years, we have slipped behind other nations, going from fourth in the world for science to 14th, seventh in the world for literacy to 17th, and eighth in the world for mathematics to 24th. At the same time, the gulf in the opportunities available to the rich and the chances given to the poor has grown wider; the gap between the A-level performance of children in independent schools and those in state schools doubled under Labour. In the last year for which we have figures, out of a population of 80,000 children eligible for free school meals, just 40 made it to Oxford or Cambridge, a drop from the previous year when just 45 made it. Social mobility went backwards under Labour, and it is the mission of this coalition Government to reverse that melancholy trend and make opportunity more equal so that we can become an aspiration nation once more.
If we are to make the most of the potential of every child, we need to learn from those countries that out-perform us educationally and have more equal societies. This White Paper does just that. It shamelessly plunders the best ideas from the highest performing education nations and applies them to our own circumstances. It is accompanied by an evidence paper that outlines the common features of the countries with the strongest school systems.
The single most important lesson, reflected in the title of our White Paper, is the importance of teaching. The best school systems recruit the best people to teach, train them intensively in the craft of teaching, continue to develop them as professionals throughout their career, groom natural leaders for headship positions and give great heads the chance to make a dramatic difference. That is why we will reform and improve teacher training by establishing a new generation of teaching schools on the model of teaching hospitals, outstanding schools that are showcases of the best in teaching practice; invest in doubling the number of top graduates who enter teaching through Teach First; create a new programme, Teach Next, to attract high performers from other professions into teaching; subsidise graduates in strategic subjects such as science and maths to enter teaching; and create a new Troops to Teachers programme to attract natural leaders from the Armed Forces into the classroom.
Because we know that the biggest barrier to recruiting and retaining good people in teaching is poor pupil behaviour, we will take decisive action on discipline. Unless order is maintained in the classroom, teachers cannot teach and children cannot learn. We will make it easier for teachers to impose detentions on disruptive pupils by abolishing the rule that requires 24 hours’ notice to be given. We will give teachers stronger powers to search students if they bring items into school intent on disruption, give teachers clearer rules on the use of force and protect teachers from false allegations made by disruptive and vindictive pupils if they act to keep order. We will support schools to introduce traditional uniforms, prefects and house systems, prioritise action to tackle bullying, especially racist and homophobic bullying, make it easier for schools to exclude disruptive children without the fear of seeing excluded children reinstated over their heads, and improve education for troubled young people by bringing in new organisations to run alternative provision for excluded pupils.
By improving behaviour, we can free teachers to raise standards. We will reform our national curriculum, so it is a benchmark that we can use to measure ourselves against the world’s best school systems instead of a straitjacket that stifles the creativity of our best teachers. We will slim down a curriculum that has become overloaded, overprescriptive and overbureaucratic by stripping out unnecessary clutter and simply specifying the core knowledge and strategic subjects that every child should know at each key stage. That will give great teachers more freedom to innovate and inspire, and we will support their drive to raise standards for all by reforming our exams. We will reform assessment in primary schools to reduce teaching to the test, make GCSEs more rigorous by stripping out modules, and make GCSE performance tables more aspirational by judging schools on how well all students do, not just in English and maths but in science, modern language, and humanities such as history and geography. We will reverse the last Government's decision to downgrade the teaching of proper English by restoring the recognition of spelling, punctuation and grammar in GCSEs.
Because we know that it is great teaching and great teachers who improve schools, we will reduce the bureaucracy that holds them back and put them at the heart of school improvement. We will double the number of national leaders of education: outstanding head teachers with a mission to turn around underperforming schools. We will raise the minimum standards expected of all schools so that primaries and secondaries that fail to get students to an acceptable level and fail to have students making decent progress will be eligible for intervention. We will make £110 million available to create a new endowment fund to turn these schools around, and will introduce a reward scheme to make additional incentive payments available for great heads who improve underperforming schools.
In our drive to improve all schools, local authorities will be our indispensable partners. They will play a new role as parents’ champion, making admissions fairer so that parents choose schools rather than schools choosing parents, acting as a strong voice for the vulnerable by ensuring that excluded children and those with special needs are properly supported, and helping us as energetic champions of educational excellence. As more and more schools become increasingly autonomous, local authorities will increasingly step back from management and instead provide focused leadership—challenging underperformance, blowing the whistle on weak schools and commissioning new provision, whether from other high-performing schools, academy sponsors or free school promoters.
The need for thoroughgoing reform is urgent. Our competitors are all accelerating the pace of their education reforms. From America to Singapore and from New Zealand to Hong Kong, schools are being granted greater freedom, great teachers are being given more responsibilities and exams are being made more rigorous. We cannot afford to be left behind. In the last three years of the last Government, reform went into reverse. Schools lost freedoms. The curriculum lost rigour. Labour lost its way. Now, under this coalition Government, we are once more travelling in the same direction as the most ambitious—and the most progressive—nations. Schools spending is rising, with more money for the poorest through the pupil premium; education reform is accelerating, with one new academy created every working day; and standards are being driven up, with teachers now supported to excel as never before.
The programme we outline today affirms the importance of teaching at the heart of our mission to make opportunity more equal. There is no profession more noble, no calling more vital and no vocation more admirable than teaching. This White Paper gives us the opportunity to become the world’s leading education nation. I commend it to the House”.
My Lords, I welcome the points the noble Baroness made at the beginning of her comments about the areas where there is agreement. She knows, and the House knows, that I have always been quick to acknowledge areas where we have built on programmes introduced by the previous Government which have been successful, and I am happy to do so again today. The Secretary of State said in the Statement that he would be shameless about picking the best elements from systems in other parts of the world. I have the same magpie tendencies in terms of picking good things that the previous Government did on which we can build. The noble Baroness mentioned Teach First, for example. There is also agreement on floor standards, which I welcome, and the expansion of national leaders of education and local leaders of education, which we hope to double in size. More generally, there have been developments in recent years towards more partnership working in education, which I know the previous Government were keen on, as are we. There is quite a lot on which we can agree. Ditto the comments about anonymity around behaviour, which we all accept. If it can give teachers more support in their important work, we would be keen on that.
Where I cannot agree with the noble Baroness is in her contention that we are in some way downgrading the value of the vocational qualifications or want to introduce some kind of two-tier system. I am absolutely clear that the Government’s commitment to vocational qualifications is extremely strong. The noble Baroness did not refer to the increase in the number of apprenticeships, or to the debates that we have previously had in this House about university technical colleges and how we want to expand them. I personally am extremely committed to them and to studio schools, which were also pioneered by the previous Government. It absolutely is not the case that saying we want to raise academic standards and rigour implies or betokens any diminution of commitment to high-quality vocational, practical and technical skills. As the noble Baroness said, we absolutely want the engineers of tomorrow.
It is, if I may say so, a false choice to imply that having a more rigorous academic system will in some way damage the interests of the poorest children in society. We want to be in a situation where those children on free school meals and who suffer the greatest disadvantage—this is where the pupil premium comes in—will get the chance of a rigorous education and of going to university. They will have the chance to have their minds opened and extended by pursuing a broad range of academic subjects. The noble Baroness used the word “elitist”. I remember following the noble Lord, Lord Mandelson, as he now is, around the Labour Party conference in 1997. She may think that is a rather odd thing for me to have done. He talked about the importance of merit and meritocracy. It is possible to use “elite” or “meritocracy”. I am unashamed in my support for raising standards and aspiration, and for wanting people from all backgrounds to have the chance to experience the best in education.
It is not the case that we want to see the end of initial teacher training provided by higher education institutions. However, where there is high-quality teacher training in schools, we think this is a good idea. Teaching schools can offer an important route for trainee teachers to gain experience in the classroom, learn from others, observe and improve their performance.
The noble Baroness talked about what she called the Government’s pet projects and our obsession—I think that was the word she used—with structural change. We have debated this many times before and I know we will again. I am not in any way obsessed by structural change; nor do I have an ideological approach to any of these reforms. It is simply our contention that giving schools, school leaders, head teachers and staff greater autonomy gives them the opportunity to do what they went into teaching to do. Structures are not the answer to everything; great teachers are the answer to everything. However, our structural changes will give those teachers more latitude and freedom to do what they want to do.
The role of the local authority will continue to be important. We look to work with local authorities to identify schools that are failing and to intervene to raise standards. As the system develops they could acquire new powers to intervene and to act as champions for parents in flagging up concerns and anxieties, perhaps calling in Ofsted to enable a proper, rigorous check to be carried out.
I listened to the case that the noble Baroness made on sport. I know that there is concern around this point. Despite the large sums of money that were spent on school sports partnerships, relatively few children were taking part in competitive sports either against other schools or within schools, and we needed to address that. However, the overall thrust of the White Paper is to give teachers more support. I hope to raise the esteem in which they are held. They are vital to all our interests. I hope that these reforms will set a direction in which we can get out of their hair, interfere with them less, give them a higher professional status and enable them to do what they came into teaching to do—to raise standards for all children, particularly those from the poorest backgrounds.
My Lords, I welcome the White Paper, partly because I have lost count of the number of Liberal Democrat policies contained within its covers and partly because it does not focus on structures but on high-quality teaching and learning and school leadership. I wish to ask my noble friend a few questions. As regards the teaching schools, will there be a cap on the percentage of trainee teachers who can teach children in those schools because children have a right to be taught by experienced teachers as well as by young, energetic ones? Given that it is very important for anybody undertaking training in anything to have time to reflect on their practice and share it with other people, will he ensure that even a single trainee teacher going through the school-based process in a small school will have time to undertake that reflection in some way, perhaps through a higher education institution? I welcome the fact that schools will be judged on the progression of their pupils as well as on absolute attainment. Some schools that do really well with children who start off with very low standards may therefore come out of the failing schools category because they are adding a lot of value. However, can the Minister say how that progression will be measured? Finally, as regards the further guidance on the use of force, can the Minister assure me that all teachers will be given training on the use of force, as are staff in young offender institutions? Will they be given training on how to defuse potentially inflammable situations? If they have to intervene physically in the final resort and when absolutely necessary, will they be given training on how to do that in a way that is safe for the child and for the teacher, and which ensures that the teacher does not land up in court?
I am grateful to my noble friend. The key point around the school-based training is that the quality has to be extremely high. We have to work through the detail of how we will work up the new teaching schools but I will feed back her point about the cap on trainee teachers. My noble friend made an extremely important point about the new floor standards introducing a measure of progression, not just attainment. I accept completely the force of her remarks that judging schools on pupils’ progression, taking into account pupils’ backgrounds and initial standards, is just as important as judging them on attainment. We are working up the detail of how those measures will work and I will be very happy to discuss those with my noble friend. I take the point about the use of force and getting that right. These are sensitive issues. I will come back to her on that and we can discuss further how best to go about it.
My Lords, I thank the Minister for repeating the Statement. There is much that is good and valuable in this document. As a former teacher, I agree that teaching is a noble profession. However, it is a bit hyperbolic to talk about the melancholy trend under Labour. I cannot, of course, entirely agree with those remarks.
I welcome the importance of many issues that the noble Lord raised. I welcome the review of the early years’ curriculum; however, I am not sure how that can take place when one paragraph of the White Paper talks about removing the duty to co-operate with children’s trusts.
I have mentioned the reference to personal, social and health education and sexual relationship education. I see that the noble Baroness, Lady Walmsley, is nodding. Many of us have for years supported those as great ways of encouraging young people to relate to each other and to improve their learning and ability to cope with life.
Paragraph 4.14 states that:
“Academies and Free Schools will retain the freedom … to depart from aspects of the National Curriculum where they consider it appropriate”;
yet there is a requirement for,
“a broad and balanced curriculum”.
Suppose that an academy or free school did not wish to teach personal, social and health education, for example. Would that not be against the best interests of the schoolchild and possibly the parents? I hope that the noble Lord can explain that tension. What exactly does the paper mean when it states that those schools can have freedom, given that it could possibly work against the best interests of the schoolchild?
I am grateful for the comments of the noble Baroness that there is much in the White Paper that she can support. I am extremely aware of her strength of feeling on PSHE, and I have had an education at her hands on a number of fronts on that subject during the passage of the Bill, as I have also had from my noble friend Lady Walmsley. On the noble Baroness’s specific point about the curriculum, which we debated during consideration of the independent school regulations which cover academies, some aspects of sex education teaching would be covered by those regulations. It is important and we know that academies teach those subjects.
The noble Lords gave an assurance to the House that we would have an opportunity to discuss the curriculum.
Forgive me. We have discussed that point. The review of the curriculum will be announced shortly and that will be an opportunity to return to the points about which the noble Baroness feels very strongly.
My Lords, from these Benches, I, too, thank the Minister for the Statement, its comprehensive nature and, particularly, for the title of the White Paper, The Importance of Teaching. One might make only one improvement to that title by stressing the importance of teachers. Given that I have taught in secondary and higher education, and I have a wife who has given her life to teaching, the emphasis on teachers in the document is particularly encouraging. Pressures on teachers—administrative, evaluative and disciplinary—have undermined morale over the past few decades, and the emphasis on teachers is very helpful. The slimming down of the curriculum is also helpful. I remember a few decades ago that a contrast was always made between France and Britain. France had a highly developed and overprescriptive approach to the national curriculum, and it is encouraging to see something more slimmed down.
However, I still have some points. First, I wish for reassurance about the retention of key core subjects in a slimmed-down curriculum and what those subjects might be. Secondly, the idea of working innovatively in schools on curriculum development is welcome, but support for that in small and rural schools will be required, because the necessary support within the schools themselves will not be there. Some reassurance on that would be good.
We should not lose the higher-education element in the training of teachers, because if we really are going to train teachers to promote a liberal education, the higher education element is just as important as the instrumental work that happens in schools.
I agree with the right reverend Prelate that we could just as easily have called the White Paper “The Importance of Teachers”. I hope he, and other noble Lords, will accept that there is widely shared support on all sides of the House for teachers, for the important job that they do and for the status that we want them to have. As I said, there will be a review of slimming down the curriculum. We want to slim it down so that teachers have more latitude and more time in the school day to teach a broader range of subjects, as they think fit. However, the emphasis on the core subjects will be important, and the introduction of the English baccalaureate as a sign of the breadth of academic standards that a school offers will also help with content. I take the point about the importance of rural schools and making sure that arrangements there are properly taken into account. If schools increasingly work together in federations and partnerships, there will be more opportunities to deal with those arrangements. However, I think that we all need to reflect on the particular circumstances of rural schools, including small ones.
My Lords, I very much congratulate the Government on this White Paper because, even from a quick glance at it. There are a number of things that we can all applaud and look forward to seeing developed. I have two specific points to make. First, the idea of bringing in second-career teachers under the Teach Next programme is excellent as it will bring in a range of different disciplines to schools. Speaking as president of the NGA, I am particularly glad that there is a reference in the White Paper to the role of governors and, indeed, that there will be opportunities for the National College to train the heads of governing bodies. However, I should like to ask about children with special needs and perhaps those who are difficult. Specifically, will there be early intervention to check the needs of children who may have autistic or other problems so that they can be dealt with and supported earlier? Secondly, there is reference to an experiment in how head teachers can be held accountable when they exclude a child from class activities. Can the Minister give us a little more detail about that? It sounds very interesting.
I am grateful for the noble Baroness’s comments, particularly about governance, which she and I have discussed at length. The NGA has repeatedly pointed out to us the importance of training for chairs of governors. As the noble Baroness rightly says, we hope to improve that training and to make it available through the National College. The White Paper also talks about the importance of trained clerks—another subject which I know is dear to the noble Baroness’s heart. We also talk in the White Paper about the option that schools will have to change their system of governance. Again, this is not a compulsory change; it is part of our permissive approach. Moving to smaller governing bodies that are more strategically focused with particular skills, rather than numerically prescribed, is also an option. I completely agree with the noble Baroness’s point about early intervention, and we must make sure that that persists.
The suggestion in the White Paper about a pilot is to see whether it would be possible, as the noble Baroness correctly identified, to give the budget and responsibility for excluded children to head teachers to address the perception of some that some schools parcel out difficult children and then wash their hands of them. Like a lot of these issues, this might not be straightforward. We need to see how it would work, which is why we are piloting it, but that is the thought behind that statement.
I congratulate my noble friend on the emphasis that the White Paper places on the importance of teachers, the training of teachers and support for teachers. I should say in response to some of the comments made by the noble Baroness, Lady Morgan, that surely having the strongest possible teaching force must be the best way to help all children in all schools. I declare an interest; I am chairman of the council of the Institute of Education.
I have a couple more questions for my noble friend on school-based teacher training, which can be highly successful in the right school and with the right support. It is very expensive. Each Teach First graduate costs £38,000 to produce. Of course, schools have to be very well equipped and supported. I know that my noble friend is very enthusiastic about this and I, too, will be enthusiastic, provided I am reassured that the costs have been taken into account and that the schools that are chosen to do this important work will be supported and equipped. Is my noble friend in a position today to lift the curtain a bit on the balance that he sees between that school-based initial teacher training and the teacher training that will continue to take place in higher education institutions? Have I dreamt it, or will there be a Green Paper on those issues?
I am grateful for the comments made by my noble friend. I know of her concerns for and experience in raising the quality of teacher training. There is not a huge amount more that I can say in a detailed response to her question, but I shall be very happy to continue that debate with her. In the White Paper, we are seeking to set the direction of travel. Basically, we think that the more experience trainees can have in a classroom—to learn from experienced teachers and great heads whom we hope will come through our teaching school idea, to have constructive feedback and to learn from the best in the profession—the better. That is the balance that we seek. I shall respond to her separately on the detail of those thoughts, if I may.
My Lords, in view of the strong support voiced in all parts of your Lordships’ House for the continued inclusion of citizenship education in the national curriculum, will the Minister say whether he is in favour of it and, if so, why the White Paper does not appear to mention it?
In relation to part 6 of the White Paper, on accountability and governing bodies, although the proposal to ensure that under the new regime governing bodies should have a minimum of two parent governors is welcome, will that extend to academies? What proposals will there be for local authorities to nominate a representative to school governing bodies?
On governors, that is the model that applies to academies. Perhaps I can underline the point made in response to the noble Baroness, Lady Howe, that schools have the option to move to a freer arrangement of governance if they want it, but it is not something that we are saying they should do. It is absolutely the case that in many places the governors—I have been lucky enough to meet many of them—who have been nominated by local authorities, parents and community representatives, are doing an outstanding job, and I am sure that the schools would want to keep them.
Citizenship is an extremely important issue and one that many noble Lords have raised, including noble friends on this side of the House. I have in mind in particular my noble friend Lord Phillips of Sudbury, who has strong views on this. I think that everyone accepts the importance of the subject. The review of the curriculum, which will be announced shortly, will look into these and other important issues.
My Lords, I welcome the attention that the White Paper gives to the teaching of languages in schools; indeed, some of the press reports this morning describe the impact of the proposals as restoring a virtually compulsory GCSE in languages in schools. However, will the Minister also acknowledge that there could be a very important role for a mechanism such as the Language Ladder to make sure that children who are not up to GCSE can have language teaching on a virtually compulsory basis until they are 16, too? I have been speaking recently to special needs teachers who have told me that children in their class with conditions ranging from Down's syndrome through to autism are learning a modern language and that it is hugely enjoyable and hugely beneficial for them. So I would not like to see the virtually compulsory nature of language teaching restored in schools only for children who can do GCSE. I would like to see it available for everyone.
My second, brief question to the Minister is this. The importance of teaching is clearly the overarching theme of the White Paper. If languages are to be more important and more prominent in the curriculum, we will need more language teachers. Will he acknowledge the importance for the quality of language teachers of the year abroad they spend as part of their degree as language assistants? In that context, will he please give urgent consideration to restoring to the British Council that element of its funding that runs the language assistants programme? It is currently in suspension for undergraduates from England and Wales, even though those from Northern Ireland and Scotland are currently involved in their applications and their allocations. Without that year abroad as a language assistant—
Given the time, I think the simplest thing would be if I speak outside this debate to the noble Baroness about her concerns about language. I would do that with great pleasure. I do not know about the Language Ladder scheme and would like to find out about it.