Adoption

Lord Hill of Oareford Excerpts

Tuesday 13th December 2011 Lords Chamber

[Baroness King of Bow]

To ask Her Majesty’s Government what measures they are taking to speed up the adoption process.

[The Parliamentary Under-Secretary of State for Schools (Lord Hill of Oareford)]

My Lords, the Munro review and the Family Justice Review will help us to build the capacity of the social work profession and speed up the family justice system. The Government have appointed Martin Narey as ministerial adviser and established a ministerial advisory group. We have issued revised statutory guidance on adoption. To improve transparency, we have also published data on the performance of local authorities. We are committed to speeding up the adoption process, and will take further steps, as necessary, to do so.

[Baroness King of Bow]

I welcome the Government’s efforts to improve the life chances of our most vulnerable children, but does the Minister share my concern that adoption of children with more complex needs—often older children, those who have suffered abuse or neglect—is often delayed because the Government will not provide funding for post-adoption services? Instead, we say to adopters, “You pick up the pieces. You look after a difficult child no one else will take and you pay for their specialist medical health requirements”. Will the Government and the Minister review that funding policy so that we give our most vulnerable children the chance of a loving home?

[Lord Hill of Oareford]

I agree with the noble Baroness about the importance of trying to address the problem of how one finds places for older children. In particular, there are a number of groups—disabled children, sibling groups and older children—which, as the noble Baroness will know much better than me, suffer from those problems. I will certainly relay the points that she has made to my honourable friend Mr Loughton. I know that he is delighted that the noble Baroness has kindly agreed to serve on the ministerial advisory group. He is very grateful, and I am sure that he will pursue those points with her as part of that.

[Baroness Benjamin]

My Lords, at Barnardo’s, of which I am vice-president, we have found that children who are adopted are more likely to have entered care because of abuse and neglect; 72 per cent of children who were adopted enter care for this reason. Because of the damage that they have endured, they need access to age-appropriate emotional and mental health services. Can my noble friend the Minister tell the House what steps the Government are taking to improve the capacity of the care system to support children and young people who have suffered neglect and abuse?

[Lord Hill of Oareford]

Again, I think that this is an important point. Across the piece, we are trying to take a number of different measures to address some of these issues, whether it is speeding up the adoption process, trying to raise the quality of the social work workforce or working with charities and other voluntary organisations such as Barnardo’s. There are a number of ways in which we have to work. The Government have made a priority of tackling this problem and we will continue to come forward with proposals as to how we might best achieve that.

[Lord Turnberg]

My Lords, a two-and-a-half-year average delay in the adoption of a child at this very vulnerable age is devastating for that child and may have disastrous consequences. Although some delay may be necessary in order to make a proper assessment of the suitability of adoptive parents, can anything be done to reduce the rather long delays in the judicial processes? Can we also do something about removing the unhelpful barriers to white parents adopting black children? There is a rather large number of black children who are hanging around waiting and we should not be putting up barriers.

[Lord Hill of Oareford]

The noble Lord is absolutely right that black children have particular problems in finding adoptive parents and that the results for them, in terms of finding adoptive parents, are far worse. Their chances are half as good as they are for other children, and that is clearly a problem. We have sought to make it clear that the colour of someone’s skin should not be a bar to them adopting. If one can find parents where all sorts of things all fit into place that might be better for the child, but the most important thing is a loving parent. In terms of delays in the court process, the Family Justice Review looked at that and has come up with recommendations that we should aim to spend no more than six months on the court side of the process. That would address the problem that the noble Lord has rightly identified.

[Lord Elystan-Morgan]

My Lords, desirable though it is that a Government should prudently plan and estimate the number of appropriate adoptions in England and Wales in a year, and appropriate though it be that every effort should be made to ensure that there is an available stock of would-be adopters, does the Minister nevertheless agree that adoption is an order of the court of such crucial importance that it should only be made in the light of the specific facts of that particular case, bearing in mind the interests of the child and taking into account the whole of its life?

[Lord Hill of Oareford]

The noble Lord is exactly right: one wants to adopt a balanced approach to adoption. The fact is that the number of children being adopted has unfortunately been falling. Of around 3,000 children in care under the age of one last year, only 60 were placed in adoption. There are things that we ought to do to redress the balance, but the noble Lord’s underlying point is clearly important.

[Baroness Hughes of Stretford]

My Lords, the Government’s proposals will remove legal aid entirely from some 35,000 families a year who are in court for one reason or another concerning their children. Are the Government not concerned that without legal representation there will be severe delays in the hearing of these care cases, including children for whom the plan is adoption, adding further to the delay for these children?

[Lord Hill of Oareford]

My Lords, CAFCASS has an extremely important role to play in giving support through the legal process to the families and the children who are going through this process, and that support through CAFCASS remains in place.

[Baroness O'Loan]

My Lords, does the Minister have any information about the consequences in terms of the number of children adopted following the closure of children’s adoption agencies consequential to the sexual orientation regulations?

--- Later in debate ---

[Lord Hill of Oareford]

My Lords, I am aware of the number of Catholic adoption agencies that have had to reorganise to carry on performing their important role. I would be the first to recognise that the Catholic adoption agencies, in particular where disabled children are concerned, have a very proud and long record. However, very few of them have had to reconstitute themselves to comply with those regulations—I believe it is actually only one. I know that there were concerns about that, and I am glad to say that the vast majority have managed to accommodate the regulations and to carry on with the important services that they provide.

Young Children: Language Development

Lord Hill of Oareford Excerpts

Thursday 8th December 2011 Lords Chamber

[Lord Quirk]

To ask Her Majesty’s Government what steps they are taking to ensure that, by the age of seven, all children with retarded development of their language faculty have been identified and their problems addressed.

[The Parliamentary Under-Secretary of State for Schools (Lord Hill of Oareford)]

My Lords, the revised early years foundation stage framework will emphasise more strongly the importance of communication. We plan to introduce a check on children's progress at age two from September 2012. Revised assessment arrangements will identify more clearly how every child is developing in this important area at age five. There will be a new phonics test at age six. Together, the new arrangements will also promote better information sharing between reception class and year 1 teachers, and with parents.

[Lord Quirk]

My Lords, I am most grateful to the Minister for that encouraging reply. Does he agree with John Bercow that severe delay in language development is “far more prevalent” than the SLIs of his own recent inquiry—that is, the pathologies that demand professional therapy? Even with the very welcome news of the 2012 programme aimed at toddlers, many thousands will continue to be missed. Will improved Ofsted procedures ensure a primary school regime that is sensitive enough to spot the little boy whose unhappy silence is born not of incapacity but of being starved of normal linguistic stimulus from parent, sibling or carer?

[Lord Hill of Oareford]

My Lords, I agree with the point underlying the Question of the noble Lord, Lord Quirk, about the importance of this. Our combination of measures will include the point that he refers to about making sure that Ofsted inspectors get specific training in identifying the problem that he raises about linguistic development. The number of language therapists is going up as well, and I hope that with our range of measures we will make the kind of progress that he would like. Will we be able to catch every child always and give them the help that they want? That is a noble aspiration, but I cannot put my hand on my heart and say that we will, for obvious reasons.

[Baroness McIntosh of Hudnall]

My Lords, does the Minister agree that for many children the problem is, as the noble Lord, Lord Quirk, outlined, not that they have any native problem but that they live in a severely impoverished environment as far as language is concerned? Anticipating a Question further down the Order Paper, does he agree that it is necessary for the Government and local authorities to do everything possible to promote reading programmes for children, and particularly programmes that allow them to be read to, both in and out of school, which will go a very long way to make better that impoverishment?

[Lord Hill of Oareford]

My Lords, I agree entirely with the importance of reading and about the crucial role that parents play in that. It is not just a practical point; I cannot think of anything nicer than the bond between parent and child that comes through reading. I also agree that speaking to one's child is part of this as well. I agree with the importance of all those points.

[Baroness Walmsley]

My Lords, is the Minister aware of the research that shows that the part of the infant's brain that is responsible for speech and language development is the same part that is most affected by stress and violence when the baby is developing? What is the Government’s policy response to that research?

[Lord Hill of Oareford]

I am not aware of that research. I am sure my noble friend will be able to send it to me, and I will be very happy to look at it. The basic policy response of the Government on this is to improve the identification, first of all, and the assessment of these problems, to improve the support that we give to teachers and others working in early years settings, to work with voluntary organisations working with parents on this and to try to tackle it across a range of fronts.

[Baroness Howarth of Breckland]

Does the Minister agree that this Question is about disabled children, and that disabled children need this sort of linguistic help throughout their educational career, particularly when they come to adolescence and early-adult years? What provision is he ensuring for those colleges and special schools where these disabled young people continue to attempt to develop their skills? I declare an interest as the president of Livability, which has two colleges and a school.

[Lord Hill of Oareford]

In terms of the range of measures I have outlined in pre-school, school and later, we need to focus on this. I will, if I may, see if I can get some better particulars on the precise point raised by the noble Baroness and will follow up with her at a later date.

[Lord Cormack]

My Lords, in this age of technology, is my noble friend sufficiently satisfied that there is proper provision for books in primary schools and for children to be read to by those who truly understand them? In that context, would it be worth while piloting an initiative with local dramatic societies to encourage their members to adopt a school and to go into primary schools so that children can hear the language spoken and read as it should be?

[Lord Hill of Oareford]

I agree with my noble friend about the importance of books and reading. It is also the case that technology can play a crucial part in helping children to read, particularly some of those who have the greatest problems from a special educational needs point of view. I do not think it is an either/or choice, and I do not think my noble friend was suggesting that. I agree that getting children to have a love of language is vital, and I say that as the child of what in the old days was called a speech and drama teacher. I grew up with that, and I know the way that it can help.

[Baroness Whitaker]

One of the problems of children who have a language disability is the lack of integration, in relation to speech therapists, between the health and education services. What can the Minister do to make that better?

[Lord Hill of Oareford]

My Lords, one of the consequences of the approach we are developing through the SEN Green Paper is to address precisely the point that the noble Baroness raises: how to integrate health and education services better. As she will know, our ambition is to move to an integrated assessment and a single health and education plan over the next few years.

[Lord Elystan-Morgan]

Would the Minister consider looking at the statutory definition of children with special educational needs to see whether it is wide enough to cover the problem that my noble friend has raised in this Question? Will he also draw to the attention of courts exercising a family jurisdiction that failure to read at a reasonable age is in fact a substantial deprivation and could constitute significant harm within the meaning of the Children Act?

[Lord Hill of Oareford]

On the point about the definition, there is a well established definition that is fairly broadly drawn, but I will take the point up with my honourable friend the Minister for Children. If there is anything to report, I will come back to the noble Lord.

Education: Music

Lord Hill of Oareford Excerpts

Wednesday 30th November 2011 Lords Chamber

[The Earl of Clancarty]

To ask Her Majesty’s Government what support they will give to music education under the National Plan for Music Education published on 25 November.

[The Parliamentary Under-Secretary of State for Schools (Lord Hill of Oareford)]

My Lords, the National Plan for Music Education will ensure that all pupils in English schools have the opportunity to learn to play a musical instrument, to make music with others, to learn to sing and to progress to the next level of excellence. We will also continue to fund national youth music organisations, to continue our support for In Harmony and for the internationally recognised Music and Dance Scheme.

[The Earl of Clancarty]

My Lords, there are big questions about this plan, despite the broad welcome that it has received within the music world. What is the thinking behind the disappointingly massive cuts, of over 30 per cent, to music education as a whole up to 2014? If costs are going to be parked with parents, charities and the private companies who could become music education hub leaders, then this plan will surely not deliver a comprehensive service. Would the Minister agree that if music is dropped from the national curriculum as a guaranteed subject for five to 14 year-olds, then all the fine words in this plan will come to mean very little?

[Lord Hill of Oareford]

My Lords, as to the second question on whether music will continue to remain a part of the National Curriculum, the noble Earl will know that that is part of what we are looking at in the review of the National Curriculum, and we will make further announcements on that in the next year. I am not able to go further than that.

On his more general point, clearly we are having to work in an environment in which there is less money than we would like. Given that context, the funding that we have managed to retain for these new education hubs is £82.5 million this year, the same as last year, and, I think, £79 million next year. There are further reductions to come; the noble Lord is absolutely right about that. Clearly, our hope is that, through the education hubs that are going to bid for the money and bring together a range of other organisations, they will be able to make sure that there is funding. Other sources of funding—for example, through the pupil premium—could also play a part, but we need to look at that.

[Baroness Walmsley]

Does my noble friend the Minister agree that to implement the national music plan at the speed at which the Government propose requires a large cadre of very hard-working music teachers? In the light of that, will he try to persuade his right honourable friend the Minister for Schools that the EBacc requires a sixth pillar that includes cultural and vocational subjects, including music? As things stand at the moment, we are losing a lot of music teachers across the country.

[Lord Hill of Oareford]

My Lords, I think one of the reasons why we are losing a number of teachers at secondary school and, in particular, the number of music teachers is dropping is that the number of pupils at secondary schools is dropping. I agree with my noble friend entirely about the importance of making sure that we have really good teachers able to teach music particularly at primary level, and we have plans to improve initial training for music teachers. As far as the EBacc is concerned, my noble friend knows well the Government’s position, which is to concentrate on a small number of subjects that give children the greatest chance of going to strong universities. The Russell Group supports the choice of subjects. However, I know how strongly she feels and that there are pressures from all sides of the House for us to extend the number of subjects in the EBacc.

[Baroness McIntosh of Hudnall]

My Lords, I know that the noble Lord’s department no longer has responsibility for higher education, but, following on from the question asked by the noble Baroness, Lady Walmsley, would the Minister agree that music teachers have to be trained, that the places where they are mostly trained is in small specialist institutions, such as music conservatoires, and that those conservatoires are currently very anxious about the effect on them of the changes to higher education funding? Will the Minister ask his colleagues in the relevant department to give us an assurance that those institutions will be protected, thus guaranteeing a supply of high-quality music teaching in the future?

[Lord Hill of Oareford]

I will take up that point, as the noble Baroness asks. As far as my department is concerned, she will know, through the Music and Dance Scheme, that we will continue to make funding available in order to get talented young children going into those conservatoires, which is part of the solution. I will take up her point.

[The Lord Bishop of Exeter]

My Lords, is the Minister aware of the very considerable body of evidence that attests to the value of music and indeed dance to the personal development of those with special needs, whether it be physical, learning or emotional? Can he give assurances about the continued levels of support and resourcing for music in the special needs sector of our national education system?

[Lord Hill of Oareford]

Yes, my Lords, I agree with the right reverend Prelate about the important role that music and dance can play. In our national plan there is quite a lot about the role that music technology can play, particularly for those who might have special educational needs. In terms of monitoring how the plan works, we would obviously want to look at and hold to account providers for the way in which they provide services for children of all abilities.

[Baroness Warnock]

Does the Minister agree that one of the cheapest and most effective forms of music education is choral singing? I know that is mentioned in the pronouncements that he has referred to. Can the Minister confirm whether it might be worth considering having people who are not qualified teachers coming in to schools to set up choirs and get choral singing off the ground? We all know that there are very talented choir masters who have not necessarily qualified as teachers.

[Lord Hill of Oareford]

I agree very strongly with the noble Baroness about the important role that choral singing and being part of a choir can play. I hope that one of the ways that these new hubs will work is to draw in a much wider range of providers. They will be covering a broader area so that one can get that kind of specialism that one could then extend to a range of schools in an area.

[Baroness Jones of Whitchurch]

My Lords, there is a great deal to welcome in the national music plan. We particularly welcome the fact that funding—although it involves significant cuts—will be ring-fenced for music education. Does this mean that the Government have now been converted back to the idea of ring-fencing? What does that mean for other children’s services such as Sure Start?

[Lord Hill of Oareford]

I am grateful to the noble Baroness for her welcome overall for the shape of the plan and what we are trying to do with it. We are distributing the funding in the way that we are—which relates to the point that I was just making to the noble Baroness, Lady Warnock—because the kind of services that we will provide go across areas where an individual school could not be expected to have that degree of specialism or that range of services or instruments. We think it makes more sense to deliver that through a bigger area.

Education and Skills Act 2008

Lord Hill of Oareford Excerpts

Wednesday 23rd November 2011 Lords Chamber

[Baroness Walmsley]

To ask Her Majesty’s Government when they plan to commence the duty on school governing bodies to invite and consider pupils’ views, introduced through section 157 of the Education and Skills Act 2008.

[The Parliamentary Under-Secretary of State for Schools (Lord Hill of Oareford)]

My Lords, the commencement of Section 157 of the Education and Skills Act 2008 is under review. Section 176 of the Education Act 2002 already requires schools to have regard to statutory guidance on consulting pupils, and remains on the statute book. We are revising the guidance published under Section 176 and have been working closely with a wide range of interested parties, including children’s charities, in its development.

[Baroness Walmsley]

I thank my noble friend the Minister for that reply. As we move towards the celebrations of the 20th anniversary of the UK ratifying the UN Convention on the Rights of the Child on 16 December, it is very important that that guidance is consulted on and is very clear to schools. Can my noble friend say when that guidance will actually be published, so that people can be quite clear about how schools should go about implementing the UN convention, in particular, article 12, which is about the child having a right to have his or her voice heard and opinions taken seriously on any matters affecting him or her?

[Lord Hill of Oareford]

My Lords, I agree with my noble friend about the importance of the guidance and it being clear and intelligible. I am not able to give a specific date today as to precisely when we will be publishing that. I fall back on the normal formulation of “soon”. I know how much the issue matters to my noble friend and I will make her point and point out the arrival of the anniversary to my honourable friend in the department.

[Baroness Howe of Idlicote]

My Lords, will the Minister agree that, by becoming a school governor and making an important contribution to their school’s well-being, pupils can gain early experience of citizenship that will be so important later in life, so this will be a really important step in the right direction? Can he please encourage his fellow Ministers to encourage all those who are going to make that decision in future?

[Lord Hill of Oareford]

I agree about the advantages and benefits that could come from schools involving their pupils in decisions affecting them and the school. No one will know better than the noble Baroness the extent to which that happens, given the large number of schools—I think 95 per cent of schools—that have school councils. Many governing bodies have pupils as associate members. I know the noble Baroness would like to go further and faster on that, and we had a good debate about it during the Education Bill. I agree with her in that, where schools want to find ways of involving and encouraging children, I would very much support that. Where the Government and the noble Baroness parted company during the Education Bill was over making that a requirement and compulsory in both primary and secondary schools. However, the principle of involving children is an important one.

[Lord Tebbit]

My Lords, would my noble friend like to consider that, as we have had more and more of this sort of guff promoted through the education system, the standards of education, knowledge and discipline of children at school have steadily fallen. Would it not be a good idea to get back to the idea that teachers teach, pupils learn and that one has to learn to take orders before one can give orders?

[Lord Hill of Oareford]

My Lords, if my noble friend had been able to sit in on some of our extremely lengthy deliberations on the Education Bill, particularly as we ground through Committee in the Moses Room, where all those present were extremely resilient in the hours they put into debating it, he would know that a significant part of the current Education Bill has precisely the sort of measure that he would welcome—giving greater authority to teachers to teach. We all know that orderly environments are environments where children are safer, and environments in which children are safer are those where they can learn better. Therefore, I completely accept the need for an orderly environment. What I do not accept is that there is necessarily an either/or between looking after the interests of children and wanting to make sure that they learn in an orderly environment. It is possible to do both.

[Baroness Hughes of Stretford]

My Lords, at Third Reading the Minister told us that he estimates about 95 per cent of schools have a school council or some form of consultation process for pupils. That means that, despite the guidance he referred to, for pupils at more than 1,000 schools there is no such forum that we know about. Contrary to the view expressed by the noble Lord, Lord Tebbit, does the Minister agree that engaging with pupils is not only good practice for the schools, but also encourages responsibility and active citizenship among the pupils? Therefore, in addition to the guidance, what do the Government intend to do to ensure that all schools have some appropriate consultation and active participation mechanisms for students?

[Lord Hill of Oareford]

In all these things, one needs to strike a balance between seeking to move in the direction of involving children and being overly prescriptive in the ways one goes about doing it. We think the balance is about right in terms of the degree of guidance that we give and the way that schools are responding. One of the other developments, which will probably not be welcomed by my noble friend Lord Tebbit, is that the Government have said that they are looking at ways of strengthening the role of the office of the Children's Commissioner, and are thereby looking at making sure that children’s rights as set out under the UN convention would be enforced.

[Baroness Butler-Sloss]

My Lords, I congratulate the Minister on saying that the Children's Commissioner is going to be given greater powers. That is an extremely important advance, of which many Members of this House would very much approve. Taking up what the noble Lord, Lord Tebbit, said, would the Minister agree that for children to have their views heard does not mean that children are giving orders?

[Lord Hill of Oareford]

My Lords, I am afraid that I got lost as to whether I am supposed to give a negative or positive reply to the question. It is absolutely the case that for children’s views to be heard we need to have orderly and disciplined environments in schools. It is extremely important to emphasise that point; it is the case, over quite a long period of time, that there has been a balance towards treating adults more like children and children more like adults. I would quite like the balance to shift back towards treating adults more like adults and looking after children and treating children like children, to give them the care and support they need. Then they can grow up and flourish.

Sure Start

Lord Hill of Oareford Excerpts

Monday 14th November 2011 Lords Chamber

[Lord Dubs]

To ask Her Majesty’s Government how many Sure Start centres have been closed since the Coalition came into power; and how many have had their funding cut in real terms.

[The Parliamentary Under-Secretary of State for Schools (Lord Hill of Oareford)]

My Lords, there were 3,631 children’s centres in April 2010. Information supplied by local authorities shows that as of 8 September 2011, there were 3,507 children’s centres in England. Of the reduction of 124 children’s centres, six are outright closures; the remainder are accounted for by local reorganisations such as the merger of two or more centres. A breakdown for each local authority has been placed in the Library and is available on the department’s website. The department does not hold information on local authorities’ funding allocations to individual children’s centres.

[Lord Dubs]

My Lords, will the Minister confirm that after the coalition was elected, the Government gave an undertaking that Sure Start centres would not be cut? What we are seeing in the Minister’s Answer is the first of a wave of cuts. Is it not right that estimates now suggest that up 250 centres will be closed within the 12 months and that the position is getting worse year by year?

[Lord Hill of Oareford]

My Lords, I have given the noble Lord the snapshot of figures that we have for September. As I said, that shows that there have been six outright closures and a further 120 or so mergers. If one added all those together and accepted that those were all closing, which they are not, that comes to something like 3 per cent of the total of Sure Start children’s centres. It is the case that the Government attach high importance to the role that Sure Start children’s centres play, which is why through the early intervention grant we have put in the funding to maintain a national network of Sure Start children’s centres.

[Baroness Walmsley]

My Lords, when my honourable friend Sarah Teather, the Minister for Children, made her announcement this morning about the additional free early years places for disadvantaged two year-olds, I noticed that there was something in the consultation about information for parents. The idea is one of moving to an annual report from local authorities about the sufficiency of places, rather than the current assessment. Can my noble friend the Minister say how he feels that this new system will be better than the old one?

--- Later in debate ---

[Lord Hill of Oareford]

My Lords, the point of having much more information available to parents is that we hope that that will empower them to have more say in the system. We are also looking at trialling payment by results in Sure Start children’s centres, which we think will lead to better services, targeted more on those suffering from the greatest disadvantage. This approach will, I hope, improve the quality of the services delivered through this vital part of early years provision.

[Baroness Howarth of Breckland]

My Lords, does the Minister agree that there is some correlation between the removal of a number of preventive services at local authority level, Sure Start centres being one, and the rise in the number of children who are coming before the courts? This October, a record number of children came before the courts and then went into care. Do the Government not have a view about the need for local authorities to continue to improve their preventive services to keep children with their families rather than having the high level of removal that is happening at the moment?

[Lord Hill of Oareford]

I agree on the importance of that. We must do all that we can to try to keep families together and children with their families. That strikes me as being vital and that is one reason why the Government are looking at ways of trying to trial more support for parents, looking at ways of putting extra funding into Relate to keep families together and, more generally, looking at the whole adoption system and the range of support that we make available for children. However, I agree with the noble Baroness about the importance of that.

[The Lord Bishop of Bath and Wells]

My Lords, 83 per cent of all Sure Start centres are facing budget cuts. Of these the worst hit, in Hull, faces a 56 per cent cut. Does the Minister agree that the cuts affect children, many of whom belong to families being helped out of poverty by the Sure Start provision? Does he further agree that by failing to require local authorities to ring-fence Sure Start, it has become a soft target for cash-strapped authorities?

[Lord Hill of Oareford]

I do not agree with the last point made by the right reverend Prelate. I hope the figures I was able to announce to the noble Lord, Lord Dubs, demonstrate that local authorities are working extremely hard to spend the money they get through the early intervention grant and maintain the important services delivered through Sure Start children’s centres. Of the 152 local authorities, I think I am right in saying that 119 have announced no change at all to the number of Sure Start children’s centres that they have; of the others a range of measures has been taken. The point of doing away with the ring-fence is to give local authorities greater responsibility and we think that is the right approach.

[Baroness Hughes of Stretford]

My Lords, for the first time ever we have the prospect, through Sure Start, of a universal integrated service for the under-fives and their parents. It is clear, however, that local authorities are not only closing centres but are cutting their budgets dramatically—11 per cent this year, 21 per cent next year—in response to the Government’s significant cuts in the early intervention grant and the removal of the ring-fence, referred to by the right reverend Prelate. Will the Minister accept that it is the responsibility of Government to ensure that this universal service continues instead of passing the buck to local authorities and that every parent has the right to access Sure Start? Will he at least consider bringing back the ring-fence for Sure Start funding?

[Lord Hill of Oareford]

As I explained in my answer to the right reverend Prelate, there is a difference of opinion between us and the party opposite about the ring-fence. It is our view that giving local authorities greater discretion over their budget is the right way to go forward; to treat them like the responsible bodies that they are. I recognise there is not as much money around as there was before—I cannot deny that that is the case—but we believe the right way is to put the same funding into the EIG for Sure Start children’s centres, which are an extremely important service. We want to focus them on providing better services for the most disadvantaged and we think that is the right way forward.

[Lord Campbell-Savours]

My Lords, does it remain the policy of the Government to retain ring-fencing of any area of local expenditure, over which the noble Lord has some influence?

[Lord Hill of Oareford]

My Lords, I fear I have not boned up on the whole approach towards ring-fencing expenditure across local government. So far as my department is concerned, the general direction of travel we want to go in is to simplify funding, to have as few separate grant streams as we can and to delegate responsibility as much as possible, whether that is to local authorities or to individual schools.

Education: Qualifications

Lord Hill of Oareford Excerpts

Thursday 10th November 2011 Lords Chamber

[The Parliamentary Under-Secretary of State for Schools (Lord Hill of Oareford)]

My Lords, my department publishes an annual study showing the number of 16 to 17 year-olds studying A and AS-levels and other qualifications. At the end of 2010, a record 600,000 16 to 17 year-olds were in full-time education studying A and AS-levels. A further 413,000 were in full-time education studying vocational qualifications. Record funding of over £7.5 billion is going into 16 to 19 funding this year and the Government are committed to raising the participation age to 17 from 2013, and to 18 from 2015.

[Baroness Quin]

Has the Minister seen the recent study by the Institute for Fiscal Studies, which seems to imply that education cuts are specifically affecting the 16 to 19 year-old sector? Does he agree that with the scrapping of the educational maintenance allowance, the cuts in education and the deterrent effect of tuition fees, against the background of rapidly rising youth unemployment, 16 to 19 year-olds are facing a very difficult situation? Action may be urgently needed across government to give this vital section of our population increased educational and work opportunities for the future.

[Lord Hill of Oareford]

I obviously agree with the noble Baroness, Lady Quin, about the importance of extending educational opportunity for that age group. That is why we are committed to raising the participation age and why we have put record funding into the 16 to 19 year-old group generally. As we have debated before, we have prioritised, at a time when we have less money than we would like, funding for pre-16s. All the evidence shows that academic achievement up to the age of 16 is the strongest determinant of subsequent success, both educationally and in job terms. We have done that, but I agree with the noble Baroness that 16 to 19 year- olds are important and we are looking across government at our participation strategy to address some of the concerns that she fairly raises.

[Baroness Coussins]

My Lords, what are the most recent trends, identified by the comparative European and international studies in which the UK participates, into how many students aged 16 and over are studying a modern foreign language?

[Lord Hill of Oareford]

Given that the noble Baroness is asking that question, I suspect that the answer may well be that other countries are doing more in terms of modern foreign languages than our own country. I share her concern: we want to redress the balance. As she knows, we are keen, through things like the English baccalaureate, to encourage take-up of modern foreign languages in our schools. In time, that should work its way up through the education system.

[Baroness Walmsley]

What can the Government do to help schools access the technology they need for e-learning and distance learning through which they can access the specialist teachers that they cannot employ in their own schools? That would help students to widen the range of subject areas that they could take at A-level. Obviously, modern foreign languages could be a case in point.

[Lord Hill of Oareford]

I agree with my noble friend about the importance of technology and the way that it opens up all sorts of opportunities that were not there before, perhaps particularly for children in rural areas. We need to look at that and make sure that its potential is fully realised.

[Lord Taylor of Blackburn]

My Lords, the noble Lord has given us a figure for A-levels. The Question goes on to ask about other, equivalent “further education qualifications”. Can he give us any idea of how many pupils are taking the international baccalaureate?

[Lord Hill of Oareford]

I do not have the precise figures but I will be happy to write to the noble Lord with them. I know of his interest in the subject; we have discussed this before. It is, as he knows, a relatively small number but I am glad to say that I think it is increasing slowly in the maintained sector as well as the independent sector. I will do my best to get up-to-date figures and write to the noble Lord with them.

[The Lord Bishop of Bristol]

My Lords, what work are the Government doing to monitor trends in the number of students who go on from A-levels or other pathways of learning to apply to university? In particular, what steps are they taking to monitor whether the changed funding arrangements are deterring numbers from lower socioeconomic groups from making such applications?

[Lord Hill of Oareford]

My Lords, we are developing destination measures, which should help us to get a better picture than we currently have of what happens to children after they leave school, whether they go into further or higher education or into jobs. It is important to know what the destinations are, so we are working on those measures, which will help us. As to monitoring the effect of some of the changes that we have had to make—for example, over the educational maintenance allowance, which was raised by the noble Baroness, Lady Quin—we will keep it under review to see what impact it has.

[Baroness Jones of Whitchurch]

My Lords, is the Minister aware that the scrapping of the educational maintenance allowance is widely held to be a major culprit in the recent drop in the number of students attending FE colleges? Is he aware of the wide disquiet that exists about the operation of the replacement for the EMA, and will the Government consider reversing the decision if the number of students in FE colleges continues to drop?

[Lord Hill of Oareford]

My Lords, as I have said, we are keen to keep the effect of the changes that we have made under review. As the noble Baroness will know, we were driven to make those changes because the proportion of children in receipt of EMA—46 per cent of them—meant that it did not feel like a targeted approach. We wanted to target the money that we have more closely on those children who need it most, which is what lies behind the redirection and the creation of the new bursary fund. The noble Baroness referred to the impact on FE colleges. I know that a survey was carried out by the Association of Colleges to look into that. That survey, which looked at around half of all colleges, found that the number where enrolment had increased was the same as the number where it had decreased. The overall fall was only 0.1 per cent, which, given that there was a fall of 40,000 in the age cohort generally, does not feel like a significant change. However, we must keep it under review and we certainly will.

Education Bill

Lord Hill of Oareford Excerpts

Wednesday 9th November 2011 Lords Chamber

[Baroness Jones of Whitchurch]

My Lords, we have some sympathy with the aims behind this amendment, and understand, as I am sure many noble Lords do, the advantages that can flow from giving young people a practical demonstration of democracy and representation. As the noble Lord, Lord Hill, said in an earlier debate on this issue, the previous Government went some way towards expanding pupil representation and consultation with governing bodies. As I understand it, specific provision was made in the Education and Skills Act 2008 to require governing bodies to invite and consider pupils’ views, but this has not yet been enacted. Perhaps the Minister could clarify whether the Government are now going to implement the provision in the previous Act.

In the mean time, I listened very carefully to the speech made by the noble Baroness, Lady Howe, but would still sound a note of caution on the wording of her amendment. It would seem, as it stands, to apply equally to pupils of all ages, and we are not convinced at this stage that that is the right way to proceed. As the noble Baroness indicated, some primary school pupils might struggle to understand some of the issues on governing body agendas, and there is, as has been pointed out, the issue of whether it is appropriate for them to deal with teacher discipline and conduct issues. It is therefore perhaps more appropriate to find a level of involvement for young people in governance issues that is more age-specific. However, we very much support the idea of strengthening pupil engagement and hope that the Minister is able to suggest other ways in which this might be achieved.

[The Parliamentary Under-Secretary of State for Schools (Lord Hill of Oareford)]

My Lords, I am grateful to the noble Baroness, Lady Howe, for returning to this issue. As she said, unfortunately she was not able to be present at Committee stage, where some of the important points that she has raised tonight were debated, although she kindly gave us advance notice. I am glad that she has raised them again tonight.

The noble Baroness spoke eloquently of the importance of encouraging pupils to participate in decisions that affect them. I think that support for the principle that she is seeking to achieve is shared on all sides of the House, by the noble Baroness, Lady Jones of Whitchurch, and by my noble friend Lady Walmsley. I would certainly agree with her that involving pupils in that way can help to make sure that decisions properly reflect the interests of pupils, contribute to their development and encourage them to feel a sense of involvement and pride in their school. It is also of course a fundamental principle of the United Nations Convention on the Rights of the Child, to which this Government are a signatory.

The evidence also shows that schools themselves share the views expressed by noble Lords today on this issue. We know that the vast majority of schools involve their pupils in a variety of different ways. Over 95 per cent of schools already have a school council. Pupils of all ages can serve as associate members of governing bodies, which means that they can attend and speak at governing body meetings. Governing bodies have the power to invite pupils of any age to attend and contribute to governing body meetings. That is extremely important.

I share some of the reservations expressed by the noble Baroness, Lady Jones of Whitchurch, as to the specific amendment tabled by the noble Baroness, Lady Howe of Idlicote, in that it would add to our current arrangements a requirement on all governing bodies of all maintained schools to have an unspecified number of student governors. The amendment would apply to the governing bodies of all maintained schools, including nursery schools. It would force all governing bodies to change their instrument of governance and appoint pupil governors, even if they already had effective arrangements for pupil participation in decision-making.

I am keen to continue to talk to the noble Baroness about these issues and about governance more generally, as I think she and I have a shared interest in this issue. However, as she might expect from the conversations we have had on governance, she will know that placing this additional prescription on the constitution of governing bodies runs counter to the Government’s broader policy on school governance, where we are trying to give governing bodies more freedom to recruit governors based on skills and to minimise prescription around the proportions of governors required from different categories.

I have reflected on the points that were made in Committee and again today, but I continue to believe that there are sufficient ways for governing bodies to take account of pupil views. I do not think it would be right to place a mandatory requirement on all maintained schools—including primary schools—to appoint pupil governors. The noble Baroness, Lady Jones of Whitchurch, mentioned the Education and Skills Act provisions on pupil consultation. There is a requirement on schools to have regard to guidance on pupil consultation, an issue which my noble friend Lady Walmsley raised. We will be talking about that further in response to her Oral Question.

I hope that the noble Baroness, Lady Howe of Idlicote, knows that I am always ready to talk to her about governance, and I am happy to talk further about this issue. While I agree with her on the importance of involving pupils and the benefits this can bring, I cannot support this specific amendment. I would therefore ask her to withdraw her amendment.

[Baroness Howe of Idlicote]

My Lords, I am most grateful to all those who said a few words, some in support and some not in support of my amendment. I am particularly grateful to the Minister because he has been extremely helpful in many respects as far as the role of governors is concerned. Wearing my NGA hat—I should perhaps have said earlier that I am president of that organisation—I know that it, too, is very grateful for the value that he and the Government place on the important role of governors.

I am obviously sorry that the Minister cannot move quite as far as I would like to move. However, I shall continue to hope that I shall live long enough to see my particular wish come true. With that, I am happy to withdraw my amendment.

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Moved by

[Lord Hill of Oareford]

3: Schedule 12, page 115, line 29, after “membership” insert—
“(ba) the members to include—(i) staff and students at the institution, and(ii) in the case of a sixth form college corporation, parents of students at the institution aged under 19,”

[Lord Hill of Oareford]

My Lords, I will speak briefly to government Amendment 3, which maintains a requirement for colleges to have staff, student and, in the case of sixth form colleges, parent governors. It addresses the commitment that I made on Report to return to the House with an amendment that would give effect to what the noble Baroness, Lady Jones of Whitchurch, sought to achieve in laying down her amendment on Report. I am glad that this amendment has her support, and I am grateful to her for raising this issue with my honourable friend Mr Hayes, the Minister for Further Education, Skills and Lifelong Learning. We have stuck to her amendment as closely as we could. The only change that we have made is to add parent governors for sixth form colleges, which I am sure is what the noble Baroness, Lady Jones of Whitchurch, would have intended.

It was not our intention to encourage colleges to remove staff, student or parent governors. We merely wanted to ensure that any legislative requirements did not affect any case to the ONS for the reclassification of colleges back to the private sector. We believe, as I know the noble Baroness does, that it is possible to reconcile both those important objectives, and this amendment does that. I beg to move.

[Baroness Jones of Whitchurch]

My Lords, I am grateful for the earlier discussions held with the Minister and his colleague, John Hayes. As the Minister said, he indicated on Report that the Government were prepared to reconsider the issue of staff and student representation. I am pleased to say that this commitment has now been honoured in both spirit and practice in the amendment before us.

It was, of course, the Government’s own amendment that created the issue of representation being withdrawn and quite rightly caused consternation among students and staff. However, on this occasion the Government have been quick to acknowledge the error and put it right. In fact, I would go further and acknowledge that their amendment is indeed better than that tabled by those on our own Benches on this issue, so I am very pleased to support it and for our proceedings on this Bill to end on such a positive note.

Since this will be my last contribution on the Bill, perhaps I could say a few words, particularly on behalf of my noble friend Lady Hughes—who cannot be here this evening but is now the proud grandmother of a baby girl—and also my noble friends Lady Crawley, Lord Young and Lord Stevenson. I thank the Minister and the noble Baroness, Lady Garden, for the courteous and good-natured way in which they have responded to the wide, varied and sometimes extremely controversial issues that noble Lords have chosen to raise on the Bill as we have progressed through it over the months. We started debating the Bill in May, and at times it has truly felt like a marathon. However, throughout the time the Minister has maintained an open door policy and has genuinely sought to answer and deal with our concerns, and for that we are very grateful.

I would also like to thank the Bill team for its hard work. At one stage I thought that I might have to employ a secretary just to keep track of its daily letters. When it started to send letters summarising the previous letters that it had sent, I realised that it was not just me who was having trouble keeping up. I appreciate that all that was intended to be helpful, and it certainly helped us to improve the scrutiny of the Bill.

At the end of the day, the Bill is a better Bill and the time was, in retrospect, well spent. However, I have no doubt that the Secretary of State is as we speak fervently brewing up his next grand plan and that it will not be long before we find ourselves back here again. But, for now, I thank the Minister and urge support for the amendment.

[Baroness Brinton]

My Lords, I, too, thank the Minister for this amendment. I am somewhat relieved, as is the noble Baroness, Lady Sharp, who cannot be here tonight, because it was our amendment about the ONS issue that really sparked the whole debate about student and staff representation in further education colleges. I am grateful for that. In conjunction with the other thanks, I also thank the noble Baroness, Lady Verma, and the noble Lord, Lord Henley, for their contribution to the Bill on the higher education elements that we had earlier. I am extremely grateful to all the Ministers for the concessions that we had in guidance and in other helpful ways, which have happened during the passage of the Bill. As the noble Baroness, Lady Jones, has said, that has helped to improve the Bill from its original state.

[Lord Hill of Oareford]

My Lords, I am grateful for the support for this amendment, which strikes the right balance between raising the issues raised with respect to college classification while safeguarding staff, student and parent voices on the governing body of a college. I am grateful to the noble Baroness, Lady Jones of Whitchurch, for the spirit in which she approached the issue, which summed up how noble Lords on all sides of the House have approached the Bill overall. As the noble Baroness, Lady Jones, said, it is over five months since the passage of the Bill started. At that point, we were moving towards the longest day and we are shortly approaching the shortest day. During that nearly half a year I have been extremely grateful for the advice that I have received from all sides of the House.

As a result of the detailed scrutiny to which the Bill and I personally have been subjected, however painful at times, it is a better Bill. We have brought forward a number of amendments in response to concerns that have been raised—on Ofqual enforcement powers, the duty to co-operate, admissions and inspections, teacher anonymity, colleges, apprenticeships and direct payments. As my noble friend Lady Walmsley said, we have also committed to use statutory guidance or regulations to address concerns raised about behaviour and discipline, careers and part-time students in HE. So I would like to thank in particular my noble friends Lady Walmsley, Lady Brinton and Lady Sharp for their advice, which has helped us. I thank, too, the noble Baroness, Lady Jones of Whitchurch, who I hope will pass on my thanks to the noble Baroness, Lady Hughes of Stretford, for the constructive challenge that they have provided throughout. There have been very important contributions on this Bill from all sides, and from the Cross Benches—particularly on SEN issues and the duty to co-operate—and from the Bishops’ Benches, which have underlined the important role that faith schools play across our education system.

I am particularly grateful for one piece of advice that I received from my noble friend Lord Lucas, which I thought summed up our deliberations on this Bill. It is a quote from John Stuart Mill, who must have been sitting in Committee when he said:

“Education, in its largest sense, is one of the most inexhaustible of all topics … and notwithstanding the great mass of excellent things which have been said respecting it, no thoughtful person finds any lack of things both great and small still waiting to be said”.

I thought that was a pretty good summation of our debate.

Like the noble Baroness, Lady Jones of Whitchurch, I put publicly on the record what I hope the members of the Bill team know privately—that is, my gratitude to them, as they have been exemplary in every way. I have been very glad to receive lots of praise from many noble Lords about how they have behaved, and I am glad to have the chance to say to them, although they always want to be anonymous and nameless, how much I appreciate the work that they have done and how much it has helped all of us arrive at a better place with the Bill.

Amendment 3 agreed.

Education Bill

Lord Hill of Oareford Excerpts

Tuesday 1st November 2011 Lords Chamber

Moved by

[Lord Hill of Oareford]

81: Clause 41, page 37, line 13, leave out “follows” and insert “set out in subsections (2) to (10)”

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Moved by

[Lord Hill of Oareford]

82B: Schedule 12, page 90, line 38, at end insert—
“ After section 16 insert—
“16A Publication of proposals
(1) The appropriate authority may not make an order under section 16(1) or (3) unless the authority has published a draft of the proposed order, or of an order in substantially the same form, by such time and in such manner as may be prescribed.
(2) A draft proposal or order in respect of an institution which is maintained by a local authority may not be published without the consent of the governing body and the local authority.
(3) In this section “the appropriate authority” means—
(a) in relation to a proposal or order in respect of an institution in England, the Secretary of State;(b) in relation to a proposal or order in respect of an institution in Wales, the Welsh Ministers.””

[The Parliamentary Under-Secretary of State for Schools (Lord Hill of Oareford)]

My Lords, I will speak to the government amendments in this group. As noble Lords may be aware, in October 2010 the Office for National Statistics announced its decision to reclassify FE colleges to the public sector for the purposes of the national accounts. This reclassification would impose heavy new administrative burdens on colleges, and could significantly affect their ability to make their own strategic and operational decisions.

If FE colleges were exposed to the full rigours of the government expenditure regime, they would lose the flexibility they currently have to phase expenditure between different financial years; they would need to work within a financial year that does not line up with their academic year; and it is likely that the very freedoms we are introducing to enable them to borrow without seeking permission would need to be taken away from them, and even tighter constraints introduced. These and other controls would all act as barriers to colleges growing, innovating and developing as we would wish them to do.

I am very grateful to my noble friend Lady Sharp for raising this important issue in Committee. Recent feedback from the ONS indicated that the powers held by the Secretary of State in two areas were indicative of public sector control. We have looked again at these areas to see whether changes could be made to secure private sector classification for colleges, something that I know successive Governments have wished to retain.

The first area is Secretary of State control over the instrument and articles of the governance of colleges. I am sure all noble Lords would agree that every college should have clear, transparent and robust governance arrangements. However, we believe that this can be achieved without Secretary of State control. The government amendments in this group remove the powers of the Secretary of State—or in the case of sixth form colleges, the YPLA—to alter college instrument and articles and place these powers with the college itself. For most colleges this change will make no difference, but it will enable colleges that want to develop and improve their governance in response to the needs of their students, employers and local community to do so. We have retained the essential elements that all instruments and articles must contain in new Schedule 4, which is set out in Amendment 84ZL.

The second area is the Secretary of State’s control over the closure of colleges, known as dissolution. Presently, only the Secretary of State can dissolve a college. The government amendments remove this power from the Secretary of State and give colleges control over their own dissolution. These amendments, and the regulations that will be laid in support of them, include a number of safeguards to ensure that any dissolution decision is taken only once all those affected—staff, students and the local community—have been consulted, and that the process is undertaken in a clear and transparent way, recognising that colleges are providers of an important public service.

Existing legislation provides the state with a legal mechanism to tackle, in extremis, failure in colleges, and this will be retained. In cases where there is evidence of significant mismanagement in colleges, the Secretary of State will be able to exercise his powers of intervention to direct the college to dissolve itself and transfer its property, rights and liabilities to another provider. This action will be taken only once all other steps have been taken to secure improvements, where it is necessary for the Government to intervene as a matter of last resort, to protect students.

I wrote today about government “correcting” Amendments 84ZBA and 84ZN, which correct the provision in Schedule 12 that repeals the duty on colleges to have regard to guidance on consultation with students and employers in England, while retaining this in Wales.

It may help if I inform noble Lords of discussions between the noble Baroness, Lady Jones of Whitchurch, and my honourable friend, the Minister for Further Education, Skills and Lifelong Learning, John Hayes MP, on her Amendment 84ZLA, which would retain requirements for staff and student governors. On behalf of my honourable friend, I thank the noble Baroness and the noble Lord, Lord Young of Norwood Green, for taking the time to meet us. I apologise to them for bringing these amendments forward at a later stage than we would have liked.

The Government have brought forward these changes to support our case for the private sector classification for colleges, in accordance with the policy of successive Governments. It was not our intention to encourage colleges to remove staff or student governors from college governance arrangements. I know that colleges greatly value the contribution that those governors make.

Having listened to the arguments that were put to him by the noble Baroness, Lady Jones of Whitchurch, my honourable friend Mr Hayes and I have spoken further. We have decided that the Government will return at Third Reading with their own amendment, which will give effect to what the noble Baroness’s amendment seeks to achieve. With that assurance, I hope that the noble Baroness will feel able to withdraw the amendment.

--- Later in debate ---

[Baroness Sharp of Guildford]

My Lords, I have two amendments in this grouping, Amendments 83 and 84. They do indeed pick up the issue that we spoke about in Committee, which is the duty on the part of colleges to promote the well-being of the local area.

I thank the Minister for bringing forward this raft of amendments. As he knows, I am chairing a commission on behalf of NIACE, the AoC and the 157 Group, which is looking into the role of colleges in their communities. The issue of the reclassification by ONS cropped up in our deliberations on this commission. Our intention is to promote the role of colleges. As the noble Baroness says, we have used the term “dynamic nucleus within their communities”—they should be proactive in developing partnerships and in promoting well-being and community cohesion within their communities. Since that is the case, we are very anxious that they should not be inhibited from this by a statistical classification, and therefore we have been backing the moves made by the department here. I put down some rather naive amendments in Committee in order to pave the way for this, and I am delighted that we have—I hope—managed to come forward with a way that prevents this reclassification.

In relation to my own amendments, I have spoken at some length both with the AoC and with the department about this issue. As I have suggested, the report, which is going to be presented at the AoC conference later this month, will in fact suggest a wider role for colleges within the community, and I think there is a fair amount of good will towards the promotion of this role. In the light of that, I have decided that it would not be appropriate at this time to press my amendments. There is good will on all parts, and the assumption is that colleges will be promoting the well-being of their local area as part of what they will be doing. There is no question of that, but it does not necessarily need to be in the Bill, so, as I say, I shall not press my amendments today.

[Lord Hill of Oareford]

My Lords, I thank my noble friend Lady Sharp for raising the issue of promoting well-being, and take the opportunity to thank her formally for the work she is doing at the helm of the Government’s commission on the role of colleges in their communities. As she has just said, colleges contribute significantly to the social and economic well-being of their local areas, not only through the education, skills and employment that they provide but through their partnerships and relationships with other bodies in their local areas. I am grateful to her, and look forward to the report that she was talking about, which she is launching at the Association of Colleges conference later in the month.

I am grateful to the noble Baroness, Lady Jones of Whitchurch, for her remarks. On her specific question about remuneration, I understand that colleges need to apply, as now, for exceptional approval for the remuneration of governors for their services as members of the governing body. The change is that they would be treated in line with other charities, and would have to apply to the Charity Commission rather than to the Secretary of State. There is no general power in charity law for trustee boards to make remuneration payments, so permission would be granted only in exceptional circumstances, as the commission has a general expectation that charity assets should be used directly for the purposes of the charity.

The amendments that the Government have tabled, as I think has been recognised, have been made within the context of a changed landscape, in which government and the sector are working together. It has been the policy of successive Governments since the inception of FE corporations in 1992 that colleges should not have the financial and control requirements associated with public sector classification. Our amendments seek to strike the right balance between securing that classification while safeguarding students and public investment in the sector. With the assurance that I have given the noble Baroness, Lady Jones of Whitchurch, I hope noble Lords generally will feel that we have struck such a sensible balance.

Amendment 82B agreed.

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Moved by

[Lord Hill of Oareford]

82C: Schedule 12, page 90, line 40, at end insert—
“( ) In subsection (4)(c), for “27” substitute “27C or 33P”.”

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Moved by

[Lord Hill of Oareford]

83A: Schedule 12, page 91, line 18, at end insert—
“ In section 20 (constitution of further education corporation and conduct of further education institution), for subsection (2) substitute—
“(2) Instruments of government and articles of government of further education corporations in England—
(a) must comply with the requirements of Part 2 of Schedule 4, and(b) subject to that, may make such other provision as may be necessary or desirable.(2A) Instruments of government and articles of government of further education corporations in Wales—
(a) must comply with the requirements of Part 3 of Schedule 4, and(b) subject to that, may make any provision authorised to be made by that Part of that Schedule and such other provision as may be necessary or desirable.”For section 22 substitute—
“22 Subsequent instruments and articles: England
A further education corporation in England may modify or replace their instrument of government or articles of government.22ZA Subsequent instruments and articles: Wales
(1) Subject to subsections (2) and (3), the Welsh Ministers may—
(a) if a further education corporation in Wales submits a draft of an instrument of government to have effect in place of their existing instrument, by order make a new instrument of government in the terms of the draft or in such terms as they think fit, and(b) if such a corporation submits draft modifications of an instrument made under paragraph (a), by order modify the instrument in the terms of the draft or in such terms as they think fit.(2) The Welsh Ministers must not make a new instrument otherwise than in the terms of the draft, or modify the instrument otherwise than in the terms of the draft, unless they have consulted the corporation.
(3) If the institution conducted by a further education corporation mainly serves the population of England, or receives financial support from the Chief Executive of Skills Funding, the Welsh Ministers must consult the Chief Executive of Skills Funding before making an order under subsection (1).
(4) The Welsh Ministers may by order modify, replace or revoke any instrument of government or articles of government of any further education corporation in Wales.
(5) An order under subsection (4) may relate to all further education corporations in Wales, to any category of such corporations specified in the order or to any such corporation so specified.
(6) Before making an order under subsection (4), the Welsh Ministers must consult—
(a) the further education corporation or (as the case may be) each further education corporation to which the order relates, and(b) the Chief Executive of Skills Funding, if the institution conducted by the corporation or (as the case may be) any corporation to which the order relates mainly serves the population of England, or receives financial support from the Chief Executive of Skills Funding.(7) A further education corporation in Wales may, with the consent of the Welsh Ministers—
(a) make new articles of government in place of their existing articles, or(b) modify their existing articles.(8) The Welsh Ministers may by a direction under this section require further education corporations in Wales, any class of such corporations specified in the direction or any particular further education corporation so specified—
(a) to modify, replace or revoke their articles of government, or(b) to secure that any rules or bye-laws made in pursuance of their articles of government are modified, replaced or revoked,in any manner so specified.(9) Before giving a direction under this section, the Welsh Ministers must consult the further education corporation or (as the case may be) each further education corporation to which the direction applies.”

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Moved by

[Lord Hill of Oareford]

84ZA: Schedule 12, page 91, line 42, at end insert—
“ In section 33I(2) (instrument and articles of government of sixth form college corporations)—
(a) in paragraph (a), after “requirements of” insert “Part 2 of”;(b) for paragraph (b) substitute—“(b) subject to that, may make such other provision as may be necessary or desirable.”

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Moved by

[Lord Hill of Oareford]

84ZJ: Schedule 12, page 96, line 26, after “(1)” insert “—
(a) after the definition of “further education” insert—““further education corporation in England” means a further education corporation established to conduct an institution in England;
“further education corporation in Wales” means a further education corporation established to conduct an institution in Wales;”;
(b) ”

--- Later in debate ---

Moved by

[Lord Hill of Oareford]

84ZL: Schedule 12, page 96, line 31, leave out paragraph 35 and insert—
“ For Schedule 4 substitute—
“SCHEDULE 4Instruments and articles of governmentPart 1General1 In this Schedule—
“instrument” means an instrument of government or articles of government;“the institution” means—(a) in the case of a further education corporation, the institution which the corporation are established to conduct;(b) in the case of the governing body of a designated institution, the institution;(c) in the case of a sixth form college corporation, the relevant sixth form college.Part 2England2 This Part applies in relation to—
(a) a further education corporation in England;(b) the governing body of a designated institution in England;(c) a sixth form college corporation. 3 In this Part “the body” means—
(a) in the case of a further education corporation or a sixth form college corporation, the corporation;(b) in the case of a governing body, the governing body.4 An instrument must provide for—
(a) the number of members of the body,(b) the eligibility of persons for membership, and(c) the appointment of members.5 (1) An instrument must make provision about the procedures of the body and the institution.
(2) In particular, an instrument must specify how the body may resolve for its dissolution and the transfer of its property, rights and liabilities.
6 (1) An instrument must make provision for there to be—
(a) a chief executive of the institution, and(b) a clerk to the body.(2) An instrument must make provision about the respective responsibilities of the body, the chief executive and the clerk.
(3) The responsibilities of the body must include—
(a) in the case of a sixth form college corporation to which section 33J applies, the preservation and development of the educational character and mission of the institution and the oversight of its activities;(b) in the case of any other sixth form college corporation, a further education corporation or a governing body, the determination and periodic review of the educational character and mission of the institution and the oversight of its activities;(c) in any case, the effective and efficient use of resources, the solvency of the institution and the body and the safeguarding of their assets.7 An instrument must require the body to publish arrangements for obtaining the views of staff and students on the matters for which the body are responsible under paragraph 6(3)(a) or (b).
8 An instrument must permit the body to change their name with the approval of the Secretary of State.
9 An instrument must specify how the body may modify or replace the instrument of government and articles of government.
10 An instrument must prohibit the body from making changes to the instrument of government or articles of government that would result in the body ceasing to be a charity.
11 An instrument must provide for—
(a) a copy of the instrument to be given free of charge to every member of the body,(b) a copy of the instrument to be given free of charge, or at a charge not exceeding the cost of copying, to anyone else who requests it, and(c) a copy of it to be available for inspection at the institution on request, during normal office hours, to every member of staff of, and student at, the institution.12 An instrument must provide for the authentication of the application of the seal of the body.
Part 3Wales13 This Part applies in relation to further education corporations in Wales.
14 Provision made by an instrument in relation to the appointment of members of the corporation must take into account the members who may be appointed by the Welsh Ministers under section 39 of the Learning and Skills Act 2000.
15 (1) An instrument must provide for—
(a) the number of members of the corporation,(b) the eligibility of persons for membership, and(c) the appointment of members. (2) An instrument may provide for the nomination of any person for membership by another, including by a body nominated by the Welsh Ministers.
16 An instrument must provide for one or more officers to be chosen from among the members.
17 An instrument may—
(a) provide for the corporation to establish committees, and(b) permit such committees to include persons who are not members of the corporation.18 An instrument may provide for the delegation of functions of the corporation to—
(a) officers or committees, or(b) the principal of the institution.19 An instrument may provide for the corporation to pay allowances to its members.
20 An instrument must provide for the authentication of the seal of the corporation.
21 An instrument must require the corporation to—
(a) keep proper accounts and proper records in relation to the accounts, and(b) prepare in respect of each financial year of the corporation a statement of accounts.22 An instrument must—
(a) provide for the appointment of a principal of the institution, and(b) determine which functions exercisable in relation to the institution are to be exercised by the corporation, its officers or committees and which by the principal of the institution.23 An instrument must make provision about the procedures of the corporation and the institution.
24 An instrument must provide—
(a) for the appointment, promotion, suspension and dismissal of staff, and(b) for the admission, suspension and expulsion of students.25 An instrument may make provision authorising the corporation to make rules or bye-laws for the government and conduct of the institution, including in particular rules or bye-laws about the conduct of students, staff or both.””

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Moved by

[Lord Hill of Oareford]

84ZM: Schedule 12, page 96, line 33, at end insert—
“ (1) LSA 2000 is amended as follows.
(2) In section 110 (secondary education), in subsection (5), for “51(3A)” substitute “16A(2)”.
(3) In section 143 (further education sector: designated institutions), in subsection (6)(b), for “section 29” substitute “any of sections 29 to 29C”.”

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[Baroness Benjamin]

My Lords, many Afro-Caribbean families feel that their children are not being served well in schools. We all know that and it goes without saying. A lot of parents believe that the opportunity to have a free school is one advantage that will give their children an opportunity to have a fulfilled relationship in the classroom, as the noble Lord, Lord Knight, said. Having a teacher who is perhaps not fully trained is an opportunity to make sure that those young people who need just a bit of understanding and care can feel that the way that they are thinking and feeling is being embraced. Free schools have given them that opportunity, and if the teacher is not qualified—as we have heard from many noble Lords in the House—we will be doing a great service to those young people in our society who feel excluded in many ways.

[Lord Hill of Oareford]

My Lords, I agree with the noble Baroness, Lady Morris, that this has been an extremely good and interesting debate, and I am grateful to all noble Lords who have spoken from a range of different perspectives, and for some of the advice that I have received, which is helpful. At issue here is, in some way, a distinction between quality and qualification. There is complete agreement that we want the highest possible quality; the difference of opinion is whether the only way that the highest possible quality can be secured is through a specific qualification. I think I sum the mood up accurately by saying there is a feeling that quality is not defined only by one specific qualification.

It is certainly the case that improving overall teacher quality is very much at the heart of what the Government are trying to achieve through their education reforms. I agree with what all noble Lords and the noble Baroness, Lady Jones of Whitchurch, have said about the importance of teacher professionalism. Across the piece, the Government are introducing a range of reforms to try and raise the status of the profession. We are reforming initial teacher training, trying to ensure that we attract more top graduates, strengthening teachers’ powers and authority in the classroom, and streamlining performance management arrangements.

We think that qualified teacher status has an important part to play in the teaching profession. That is why, in March, we set up a review of teacher standards, led by Sally Coates, to make all teacher standards, including those that underpin QTS, clearer and more focused. The review recommended revised standards that will take effect from September 2012 and raise the bar for entry to the profession.

We certainly think that qualified teacher status has an important role in the system, but we think that it is possible to be an outstanding teacher without having QTS. A number of noble Lords spoke during our debate in Committee and again this afternoon about the value that individuals from a range of backgrounds, experience and expertise can bring to the classroom. It is true that under current arrangements such individuals can already bring their experience to bear in the classroom, but to a limited extent. Broadly speaking, they may only assist or support the work of a teacher with QTS and must be directed and supervised in doing so.

The core purpose of the free schools programme that lies at the heart of the issue is to make it easier for parents, teachers and others to set up new schools in response to demand from their local community for change in education provision in their area. That is the basis upon which free school proposers set out their educational vision. We want to give them the ability draw on as wide a pool of talent as possible to deliver that vision. If a free school believes that that means including among its staff a teacher who has a wealth of qualifications, experience and expertise, but who does not have QTS, we do not want to prohibit the free school from doing so.

My noble friend Lady Perry, the noble Lord, Lord Sutherland of Houndwood, the noble Baroness, Lady Warnock, and my noble friend Lady Benjamin all spoke persuasively about the need for some degree of flexibility. The kind of example that we have in mind would be that a free school might want to employ an experienced science teacher from the independent sector who has a strong track record of preparing pupils for top universities. That would be one example. We have a free school proposal from a group of independent schools that wants to set up a sixth-form college in Newham to try to get more children from disadvantaged backgrounds to go to top universities. My noble friend Lord Lucas mentioned another example in which the former head of Westminster School was caught by the rules. A free school might want to employ an engineer with a background in training and instruction to teach an engineering technical specialism.

Free schools know that recruiting high-quality teachers will make the biggest difference to the quality of education that they can provide for their pupils. Therefore, I believe that they will themselves want to ensure that the staff that they recruit have the right knowledge and skills, and that relates to the point that my noble friend Lord Storey made about how free schools will be accountable and what mechanisms will be in place to make sure that they want to employ the best possible teachers. As part of their application to the department to set up a free school, proposers have to set out how they will deliver the highest quality of teaching and leadership in their schools, and no school is allowed to proceed without robust plans for doing so.

Because they are new schools set up in response to parental demand, free schools are likely to have a particularly close relationship with parents, who, we believe, will hold them sharply to account for the quality of teaching. They will be subject to the same Ofsted inspection regime as all maintained schools. They will have a pre-registration inspection before they open and a full inspection by the end of their second year of being open.

My noble friend Lady Walmsley, with support from the noble Lord, Lord Sutherland of Houndwood, asked, importantly, how we would know what was going on. I would answer that, in part, by talking about the publication of results and parents holding to account, but it is also the case that staff employed in free schools who do not have QTS will be monitored through the school workforce census, which takes place once a year. The results of that will be published on the department’s website and we will all be able to see the extent to which this is happening or not happening.

[Lord Knight of Weymouth]

Beyond saying that there is quite a lot of flexibility in the proposal, can the Minister tell us whether the publication of the number of unqualified teachers in free schools would feature on the Ofsted risk assessment that we talked about last week? If there were a large number of unqualified teachers in a free school, that would mean that Ofsted would be keeping a closer eye on them.

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[Lord Hill of Oareford]

I do not think that that would necessarily be the case. For that to be so, one would have to accept the premise that, for example, an extremely experienced science teacher with a long record of preparing children to go to university or someone with an engineering specialism was innately a greater risk to teaching standards than someone with QTS, and I do not believe that that is the case. However, we would have the data on the numbers. The early evidence from the first 24 free schools is that a minority are availing themselves of the freedom. We will see how that develops and, in response to the point raised by my noble friend Lady Walmsley, the information will all be out there in the public domain for people to see.

A particular concern was raised by my noble friend Lord Storey about safeguarding, and I hope that I can reassure him. Free schools will certainly need to have regard to the statutory guidance on safeguarding. The guidance says that all staff should undertake appropriate training. It also says that a senior member of the school’s management structure should have lead responsibility for dealing with child protection issues and liaising with other agencies where necessary. Free schools, like any other schools, have a statutory duty to undertake CRB checks on all members of staff. Free schools are required by their funding agreements to appoint a SENCO and a designated teacher with responsibility for children in care who hold QTS.

The Government do not think that giving additional flexibility to a small group of schools for a particular reason is a new idea. When the previous Government introduced academies, for example, they gave them a number of freedoms, such as the one to depart from the national curriculum. I do not think that in essence this issue is different. It is a permissive measure. There are accountability measures and I think that safeguards are in place. I therefore ask the noble Baroness to withdraw her amendment.

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[Baroness Walmsley]

My Lords—

[Lord Hill of Oareford]

Perhaps I could say a couple of words now and obviously reply at greater length later. There are a couple of government amendments in this group.

Amendment 84C in my name is a technical amendment. It clarifies the Academies Act 2010 by removing any doubt about local authorities’ funding powers in relation to academies. Under Section 6(2) of the Academies Act, a local authority must cease to maintain a school once it converts to academy status. This is because academies are funded directly by the Secretary of State. However, in certain circumstances, local authorities might still want or need to assist academies: for example, where an academy is part of a private finance initiative contract held by the local authority. When a PFI school becomes an academy, it remains part of the PFI contract and as part of that contract the authority makes regular payments to the contractor in respect of that academy. It meets these payments from a combination of sources: funding from individual schools’ budgets, including a contribution from any PFI academies; revenue funding from the department; and funding from its own resources. When a PFI school becomes an academy, we ensure that the local authority is in a “no better and no worse” position in relation to the PFI contract than if it had remained a maintained school.

As I explained in my letter of 19 October to the noble Baroness, Lady Hughes of Stretford, a number of banks that finance PFI contracts have expressed concerns about whether local authorities have the legal power to make payments in relation to PFI academies. The Government believe that local authorities do currently have the power to assist academies financially or otherwise. However, we recognise the demand for this point to be put beyond doubt, which is what Amendment 84C seeks to do. The amendment clarifies local authorities’ existing powers in relation to academies; it does not place any new requirements or duties on local authorities. In order to provide clarity as early as possible, the amendment to Clause 78 provides for this new clause to come into force on Royal Assent.

[Baroness Walmsley]

My Lords, I apologise to my noble friend the Minister for standing up too soon.

I want to address the amendment in the name of the noble Baroness, Lady Jones of Whitchurch. Of course, this subject was discussed at very great length during the passage of the Academies Bill through your Lordships’ House. I agree with the noble Baroness that it is good practice, prior to making an application, for the proprietors of an academy to consult all the groups she has mentioned, and probably many others too. All those groups would have a justified complaint to the school if they were not consulted. The Act says that appropriate groups should be consulted, and there is no question that all those four groups are appropriate groups.

However, I would like to ask the noble Baroness what evidence she has that over the last 12 months, say, academies have not been carrying out that best practice and have not consulted those very relevant and appropriate groups prior to making the application. If we are going to make a change, we should have the evidence that there is the need for a change. Perhaps she can supply that evidence when she responds, because I do not think there is any.

[Lord Hill of Oareford]

My Lords, as my noble friend Lady Walmsley has said, we debated these issues at length and amended the consultation requirements during the passage of the Academies Act, which was just over a year ago. The fundamental question today, as it was a year ago, is how much detail about consultation we should prescribe in statute. When we discussed consultation during the passage of the Academies Act, the noble Lord, Lord Adonis, shared with this House his experience of consultation on the academies programme. He argued that just because the detail of a process is not set out in statute does not mean that it does not happen in a comprehensive manner.

Like the noble Lord, Lord Adonis, this Government do not believe that minimal legislation leads to minimal consultation, which was the point made by my noble friend Lady Walmsley. Also like him, and like schools and head teachers, we believe firmly in the importance and value of consultation. The department’s website contains advice on carrying out all stages of the academy conversion process, including consultation. A departmental official liaises with every converting school and among other things advises it on ways to ensure a fair and open consultation.

Ultimately, schools make the choice to convert and they are under a legal duty to carry out a reasonable consultation of appropriate persons. Given the variation in these circumstances, it is right that the school assesses, in carrying out its consultation duty, what is reasonable in its local community, rather than Ministers prescribing it from the centre. Once consultation is complete, it is the responsibility of the school to reflect on the responses and to decide whether to proceed with academy conversion. That will go ahead only with confirmation from the school to the department that it has carried out its legal duty to consult appropriate persons and that the school wishes to go ahead, having considered the consultation responses.

The noble Baroness raised two issues about whom to consult and when the consultation should take place. In relation to whom to consult, we think that schools can be trusted to assess who the appropriate persons are to consult according to the circumstances and that in those cases the appropriate parties, as my noble friend has just said, will include parents, pupils and staff. If we have concerns that consultation has not been adequate—for instance, if parents have not been consulted—these concerns will be raised and dealt with prior to the funding agreement being signed.

On the timing of the consultation, the noble Baroness pointed out that consultation should take place before a decision is made, and I agree. The consultation requirement in the Academies Act already reflects this principle. It requires that consultation should take place before a school is converted into an academy. As I think that the noble Baroness accepted, an application for an academy order is a procedural step and does not signify a decision that the school should become an academy. That does not take place until the funding agreement is signed, which may happen many months after the issuing of an academy order. With that in mind, both last year and still now, it seems right that the school can carry out its consultation and reflect on the responses to it right up until the point at which it decides to become an academy and signs the funding agreement.

We discussed consultation at length during the passage of the Academies Act but, as my noble friend Lady Walmsley has said, we have a key advantage now compared with when we last debated the issue a year ago. Our debate about the legal framework for consultation can now be informed by the experience of schools in implementing it. We have had around 1,100 academy conversions since the Academies Act was enacted. I would argue that for the noble Baroness, Lady Jones of Whitchurch, to ask the House to overturn the position it reached last year after a long debate, she would need to provide strong evidence that there is widespread disquiet about the consultation process. I do not think she has provided that evidence, and I think that that is because it does not exist. The department has had very few complaints from parents or other interested parties about the way that consultation has been carried out. This confirms my belief that the House got the issue right in the Academies Act 2010. I would therefore ask the noble Baroness, Lady Jones of Whitchurch, to withdraw her amendment.

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Moved by

[Lord Hill of Oareford]

84C: After Clause 56, insert the following new Clause—
“Academy orders: local authority powers
In section 6 of AA 2010 (effect of Academy order), after subsection (2) insert—“(2A) Subsection (2) does not prohibit the local authority from providing financial or other assistance in respect of the Academy, including by—
(a) making payments in respect of some (but not all) of the expenses of maintaining the Academy,(b) providing premises, goods or services for the Academy, or(c) making premises, goods or services available to be used for the purposes of the Academy.””

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Moved by

[Lord Hill of Oareford]

89: Clause 62, page 51, line 6, leave out paragraph (b)

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Moved by

[Lord Hill of Oareford]

89ZZB: After Clause 67, insert the following new Clause—
“Securing the provision of apprenticeship training
(1) Part 4 of ASCLA 2009 (the Chief Executive of Skills Funding) is amended as follows.
(2) In section 85 (encouragement of training provision etc for persons within section 83)—
(a) for subsection (1)(a) substitute— “(a) make reasonable efforts to secure that employers participate in the provision of apprenticeship training for all persons who are within section 83(1)(a) or (b) or section 83A(4), (5) or (6);”;(b) in subsection (1)(b), for “training within the Chief Executive’s remit” substitute “apprenticeship training”;(c) in subsection (2), after “provision of” insert “apprenticeship”;(d) in the heading, for “Encouragement of training provision etc for persons within section 83” substitute “Provision of apprenticeship training etc for persons within section 83 or 83A”.(3) In section 118 (guidance by Secretary of State), after subsection (1) insert—
“(1A) Guidance under this section must include guidance about the performance by the Chief Executive of the duty imposed by section 85(1)(a).””

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Moved by

[Lord Hill of Oareford]

89ZZC: Schedule 18, page 130, line 22, leave out paragraph 7

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Moved by

[Lord Hill of Oareford]

89ZZD: After Clause 71, insert the following new Clause—
“Direct payments: persons with special educational needs or subject to learning difficulty assessment
(1) In Chapter 2 of Part 9 of EA 1996 (ancillary functions of local authorities) after section 532 insert—
“Direct payments532A Persons with special educational needs or subject to learning difficulty assessment
(1) A local authority in England may make a payment (a “direct payment”) for the purpose of securing the provision of any goods and services mentioned in subsection (2) to a person (“the beneficiary”)—
(a) for whom the authority maintain a statement of special educational needs under section 324, or(b) who is subject to learning difficulty assessment by the authority.This power is subject to subsection (3).(2) The goods and services referred to in subsection (1) are—
(a) where the beneficiary is within subsection (1)(a), special educational provision specified in the statement of special educational needs;(b) where the beneficiary is within subsection (1)(b) and the authority have arranged for an assessment to be conducted under section 139A of the Learning and Skills Act 2000, provision identified in the assessment as required to meet the beneficiary’s educational and training needs;(c) transport or anything else that may be the subject of arrangements under section 508B(1), 508F(1) or 509AA(7)(b) that apply in relation to the beneficiary.(3) A direct payment may be made only in accordance with a pilot scheme made under section 532B.
532B Pilot schemes
(1) The Secretary of State may by order make pilot schemes in accordance with which direct payments may be made under section 532A.
(2) Subject to the following provisions of this section, a pilot scheme may include such provision as the Secretary of State thinks appropriate.
(3) A pilot scheme must include provision about—
(a) circumstances in which, and the descriptions of goods and services in respect of which, direct payments may (or may not) be made;(b) descriptions of persons to or in respect of whom direct payments may (or may not) be made;(c) conditions with which a local authority must comply before, after or at the time of making a direct payment;(d) conditions with which a person to or in respect of whom a direct payment is or may be made may be required by a local authority to comply before, after or at the time the payment is made;(e) the principles by reference to which the amount of a direct payment is to be calculated;(f) circumstances in which a local authority may or must stop making direct payments;(g) circumstances in which a local authority may or must require all or part of a direct payment to be repaid, by the person to whom the payment is made or otherwise;(h) the monitoring of the making of direct payments, of their use by the persons to whom they are made or of the goods and services they are used to secure;(i) the arrangements to be made by a local authority for providing persons to or in respect of whom direct payments are made with information, advice or support in connection with direct payments;(j) treating such support to any extent as goods or services in respect of which direct payments may be made.(4) The conditions referred to in subsection (3)(c)—
(a) must include a requirement to obtain the written consent of the person to whom a direct payment is to be made before making the payment;(b) may include a requirement to obtain the written consent of one or more other persons before making a direct payment.(5) The circumstances referred to in subsection (3)(f) in which a local authority must stop making direct payments must include where the consent required by virtue of subsection (4)(a), or any consent required by virtue of subsection (4)(b), is withdrawn.
(6) A pilot scheme must include provision for a sum required to be repaid to a local authority by virtue of the scheme to be recoverable as a debt due to the authority.
(7) A pilot scheme may provide for paid-for goods and services to be treated as goods and services provided or arranged by a local authority in pursuance of a statutory duty specified in the scheme.
(8) A pilot scheme may provide for paid-for goods and services to be treated in that way—
(a) to the extent set out in the scheme, and(b) subject to any conditions set out in the scheme.(9) The only statutory duties that may be specified are—
(a) section 324(5)(a)(i) (duty to arrange special educational provision specified in statement of special educational needs);(b) section 508B(1) (duty to make travel arrangements for eligible children);(c) section 508F(1) (duty to make arrangements for provision of transport etc for adult learners);(d) section 509AA(7)(b) (duty to make, and secure that effect is given to, arrangements for provision of transport etc for persons of sixth form age). (10) “Paid-for goods and services” are goods and services acquired by means of a direct payment.
532C Pilot schemes: local authorities and duration
(1) An order under section 532B(1) making a pilot scheme must specify—
(a) the local authorities in respect of which the scheme operates, and(b) the period for which the scheme has effect.(2) The period specified under subsection (1)(b) must not exceed two years, subject to subsection (3).
(3) An order under section 532B(1) may extend the period for which a pilot scheme has effect, subject to subsection (4).
(4) The period for which a pilot scheme has effect may not be extended so as to end after the end of the relevant four year period.
(5) “The relevant four year period” is the period of four years beginning with the day on which the Education Act 2011 is passed.”
(2) In section 568 of EA 1996 (orders)—
(a) in subsection (3), after “other than” insert “an order to which subsection (3A) applies or”;(b) after subsection (3) insert—“(3A) This subsection applies to an order under section 532B(1) (direct payments: pilot schemes), apart from the first order to be made under that subsection.
(3B) A statutory instrument which contains (alone or with other provision) an order to which subsection (3A) applies may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.”
(3) The provisions inserted into EA 1996 by subsections (1) and (2) are repealed at the end of four years beginning with the day on which this Act is passed.”

[Lord Hill of Oareford]

I start by setting out the context for this new clause. Our SEN and disability Green Paper set out the biggest programme of reform in education, social care and health support for disabled children and those with special educational needs in the past 30 years. Our proposals respond to the frustrations that children, young people and their families have with the current system and seek to give parents more control over the support that their family receives.

We said in the Green Paper that we would give every child with a statement of SEN or a new education health and care plan, and their family, the option of a personal budget by 2014. The evidence shows that a personal budget can give families more flexibility and empower them to make decisions about the support they receive. Families that took part in the individual budget pilot, which began under the previous Government, said that they feel they have more choice and control over the support they receive and better access to and greater satisfaction with services. We want to give more families access to personal budgets because of the evidence of the benefits that can bring. One element of a personal budget can be a direct payment to a parent or carer to buy a service or piece of equipment for their child. In those individual budget pilots, nearly two-thirds of families opted to have a direct payment as part of their personal budget.

I am grateful to the noble Lords, Lord Rix, Lord Low and Lord Touhig, and a number of external organisations, including the Special Educational Consortium for the work that they have done with us since the original draft clause and scheme was circulated in September. Their contributions have helped us to improve our plans for the pilots and we look forward to continuing to work with them. I also thank them for the work they have done with us on improving the system for complaints about schools. I have said that we will not commence Clause 44 of the Bill until we are confident that the department systems are right, and I look forward to working with them on that.

This new clause and the associated scheme would allow local authorities in our Green Paper pathfinders and the individual budget pilots to test the use of direct payments in education for children with SEN. I should stress that we are only proposing a power to pilot the use of direct payments. We can see benefits for children and families but we need robust evidence from the pilots of what works and how to avoid potential problems. The new clause is broadly based on the legislation that allows the use of direct payments for health, including many of the safeguards that this House secured during the passage of that legislation. I apologise to the House for the lateness of the amendment to the new clause, laid by the Government yesterday, which makes the first order setting out the detail of how the pilot will operate subject to an affirmative resolution. That relates to concerns raised by the noble Lord, Lord Touhig, and the Delegated Powers and Regulatory Reform Committee which recommended that this is an appropriate level of parliamentary scrutiny. I accept that view and hope that we will be able to secure time for that debate as early as possible to allow maximum time for the pathfinders to test direct payments.

There are also a number of safeguards contained in the scheme which sets out how the pilots must operate to ensure that children, families, and local authorities taking part in the pilot are protected. First, the pilots will be entirely voluntary for children, young people and families. The local authority must obtain written consent before making a direct payment, and this consent can be withdrawn at any time, in which case the authority must make other arrangements to make the provision. The making of a direct payment does not waive, suspend or repeal any existing statutory duties. Linked to this point, I would like to make it clear that all of the work of the pathfinders will take place within the current statutory framework.

The pathfinders will be required through the scheme to provide appropriate and effective information, advice and support to prospective recipients of direct payments. We have learnt from individual budget pilots that where this is done well, personal budgets and direct payments can be accessible to families from all backgrounds. The local authority will be required to monitor and review the use of the direct payments, and this will be in addition to their existing statutory duty to conduct an annual review of statements.

The purpose of the pilot is to gather information about what works in practice, so it will be evaluated as a distinct element of the wider evaluation of the SEN Green Paper pathfinders. The evaluation will capture information about the impact and effectiveness of direct payments, including cost-effectiveness; the processes local authorities establish to agree, quantify and cost the services to be delivered by direct payment; and potential barriers to delivery. We will ensure that it captures information on age, impairment, and type of need, as well as take-up by different socioeconomic groups. The pathfinder authorities will benefit from the expertise of the pathfinder support team, and they will work closely with the evaluators to provide support and specialist advice, and will help share any emerging learning, including that coming from the evaluation.

I hope that noble Lords will agree with me that direct payments for educational provision have the potential to improve the quality and the choice of support available to children with SEN and their families. There are, however, important and sensitive issues to address and it is right that we should test how we can make this approach work. That is what these pilots will enable us to do, and that is what this clause sets out to achieve. I beg to move.

Amendment 89ZZDAA (to Amendment 89ZZD)

Moved by

[Lord Hill of Oareford]

89ZZDAA: After Clause 71, Line 118, leave out from beginning to “may” in line 122 and insert—
“(3A) A statutory instrument which contains (alone or with other provision) an order under section 532B(1) (direct payments: pilot schemes)”

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[Baroness Jones of Whitchurch]

My Lords, like many noble Lords in the Chamber, we welcome the direct payments initiative. It is right that it should be piloted and closely scrutinised. We will play our part in that. I hope that the Minister is able to reassure us that the outcome of the pilots will be fully debated by your Lordships' House in due course. I suspect that we will find that, as with many initiatives, it is the detail that matters and how the new powers are interpreted by parents and local authorities alike. We need clear advice and updates on how the pilots are working in practice. The outcome has to be an improvement in the provision of SEN services in schools and the pilots will need to demonstrate that all SEN children, not just those of middle-class parents, have an improved quality of service.

Noble Lords have raised a number of important questions in the short debate, but there remain some concerns that I hope the Minister will be able to help me with. Like the noble Baroness, Lady Sharp, I say that these points may have been covered in the discussions, but forgive me if I am not up to speed on some of the discussions that have taken place. First, how can we be assured that the payments will be enough to cover identified need so that the parents will not be expected to make up the difference from their own budgets? Secondly, how will other families be assured that other budgets will not be cut to fund these payments, thereby adversely affecting other services provided by the local authorities? Thirdly, how will the special position of looked-after children be protected? For example, foster carers will potentially administer the payments but might be perceived to have a conflict of interest, as they are also employees of the local authority. Lastly, on the level of support and advocacy provided to parents, which the Minister touched on, can he reassure us that that will be independent of local authorities because undoubtedly parents will find the system new, potentially difficult and overwhelming in terms of the choice and the bureaucracy with which they are faced? Perhaps he could clarify the level of independence that would be available.

A separate, procedural point is that we find ourselves, once again, tonight making policy on important issues on the hoof. These issues would have benefited from a longer period of consultation, both within the House and outside. The legislation, as drafted, has been placed in completely the wrong part of the Bill; it is in Part 7, which deals with post-16 education and I do not suppose that the Minister is suggesting that these payments are restricted to post-16. The Government should do better than this and, if they do not, they cannot complain when humble Back-Benchers follow their example and try to misuse the structure of Bills to put bits of legislation in the wrong place.

Notwithstanding all that, we support the intent of the Government’s proposals and we look forward to the future scrutiny which, we trust, will occur in due course.

[Lord Hill of Oareford]

My Lords, I am grateful for the broad welcome from all sides of the House for what we are attempting to achieve with these pilots and for what we are trying to do to get a better system for the most vulnerable children in the country from all backgrounds. As a number of noble Lords have made clear in their questions, there are a number of important issues to get right and that is the point of the pilots. We shall work through some of the issues that have been raised as a result of the pilots.

The noble Lord, Lord Touhig, and the noble Baroness, Lady Jones of Whitchurch, raised the issue of evaluation. There will certainly need to be very careful evaluation. We would want to share that with noble Lords. I was very grateful for the remarks made by the noble Lord, Lord Touhig, about the way in which we have managed to work with him, others and the Special Educational Consortium and I want that to carry on. The first evaluation results will probably arrive next April and there will be another report next September, but we want this to be an open process. I am very happy to share the findings as we go along and to work on ensuring that everything works as we want it to. As I said before, I think we are all agreed on the direction in which we want to go but, of necessity, difficult questions arise, some of which have been posed, about funding. The only way to answer those questions is to work through them with an open mind, and not to prejudge the outcome but to try to come up with solutions to them.

My noble friend Lady Sharp asked a couple of questions, first, on behalf of Natspec, in relation to the element of funding to local authorities. During the pilots, a local authority and a college will need to agree before a direct payment can be made. We think it is right to do everything possible to give students greater control over the services that they receive, so we are testing direct payments through these pilots to ensure that we learn everything about how to make them work in practice.

On transport, the pilots of direct payments will not affect current local authority duties or budgets, including those for transport, so if a local authority were to agree a direct payment for transport with a student, it would need to agree what the payment was for and exactly how much it would cost. My noble friend Lord Lingfield asked about top-ups: will parents be required to top up? The noble Baroness, Lady Jones, was concerned about that too. In no circumstances should the amount of the direct payment be set at a level that would require someone to pay from their own resources in order to secure part or all of the provisions set out in the child’s statement of SEN or the young person's LDA. If an individual wishes to purchase support that is additional to that needed to meet the assessed needs, it would be open to them to do so.

That links in to the question put by the noble Lord, Lord Touhig, about what is in the statement, as the statement determines what is delivered, how much things cost and so on. We know that local authorities are currently required to specify the provisions necessary to meet the needs of a child in the statement, but we also know that the quality of statements and learning difficulty assessments varies significantly. We think that the process of establishing a direct payment should, by itself, help in this regard because in order to make a payment to a family, the local authority would have to quantify exactly what provision is required. Our experience with the individual budget pilot supports this view, and parents report the initial discussions to establish a budget as one of the significant benefits of the overall pilot. I think that will help address that concern. So far as the question about the independence of the support is concerned, I will follow it up and write to the noble Baroness with more particulars on it.

I am grateful to noble Lords for the support for this. I hope it will mark a significant step forward. We hope these pilots will work.

Amendment 89ZZDAA (to Amendment 89ZZD) agreed.

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Moved by

[Lord Hill of Oareford]

89ZC: Clause 78, page 58, line 14, leave out “(8)” and insert “(9)”

[Lord Hill of Oareford]

My Lords, I end with a whimper and not a bang. As noble Lords will recall, we agreed four government amendments when we discussed school inspections last week. Those amendments to Clauses 39 and 41 mean that, with the exception of the first set of regulations made under the new powers inserted by these clauses, regulations will be subject to the affirmative procedure. I refer to the amendments that I introduced in response to the points raised by the noble Lord, Lord Hunt of Kings Heath.

The two amendments before us are consequential to those amendments and were unfortunately overlooked. Amendments 89ZC and 89ZD make minor drafting changes to Clause 78, “Commencement”, so that it refers to the right subsections, including those applying the affirmative procedure. This does not affect the commencement of the clause. I beg to move.

[Baroness Jones of Whitchurch]

My Lords, I was trying not to get drawn into ending on a whimper as well. I was not going to say anything, because there is nothing to be said, except to thank the noble Lord for his courtesy so far. I look forward to Third Reading in due course.

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Moved by

[Lord Hill of Oareford]

89ZD: Clause 78, page 58, line 16, leave out “(9) and (10)” and insert “and (9) to (11)”

Education Bill

Lord Hill of Oareford Excerpts

Wednesday 26th October 2011 Lords Chamber

Moved by

[Lord Hill of Oareford]

64: Clause 34, page 33, line 33, at end insert—
“( ) In section 88I (other functions of adjudicator relating to admission arrangements), in subsection (3), omit paragraph (b) (and the “or” preceding it).”

[The Parliamentary Under-Secretary of State for Schools (Lord Hill of Oareford)]

My Lords, after our discussions about admissions on Monday, I move to a number of government amendments which achieve two important things. The first introduces an important new clause that makes it possible for anyone to object to a school’s admission arrangements by referring an objection to the office of the schools adjudicator. His duty to consider all concerns that are raised to him in this way remains. This new clause builds on Clause 62, which extends the adjudicator’s remit to include all academies and free schools so that admissions to all state-funded schools will be covered by the same organisation. Our other amendments relate to the issue we discussed on Monday about national oversight of and accountability for the admissions system. Our Clause 34 would have removed a duty on local authorities to send their annual report on admissions in their area to the adjudicator. This is because in the statutory code we are placing that duty on local authorities to report locally to local people.

However, during Committee I listened with care to noble Lords’ concerns about the adjudicator not getting these reports to help flesh out his and the Secretary of State’s national picture on admissions. Noble Lords were worried that, without these reports, the adjudicator would see admissions only where things have gone wrong or might have gone wrong whereas these reports also set out the areas where things are going right, which is the vast majority. Noble Lords were concerned that this would remove a thread of accountability running from schools through local authorities through the adjudicator to the Secretary of State, which was not our intention. So we are addressing that concern with Amendments 64 to 67. They place a duty on local authorities to send their reports to the adjudicator in addition to being published locally. This will ensure his national oversight and he will continue to be able to take these reports into account when deciding whether to investigate a school’s admission arrangements. I hope that noble Lords will agree that our moves on admissions are aimed at achieving and promoting fair access and that these amendments will help achieve that end. I beg to move.

[Baroness Hughes of Stretford]

My Lords, I am grateful to the Minister for responding to my letter about these amendments and for the Keeling schedule which helps us to understand the impact of these further amendments. I welcome the moves that he has made and those new measures that he has just described. However, I would welcome clarification on two points before we get to Third Reading. In his letter to me in relation to my query about possibly seeing the draft regulations relating to these measures, the Minister says he believes that the admissions code should be the prime document and that regulations merely reflect the code rather than being a separate source of guidance. But the measures, even as amended in the School Standards and Framework Act 1998, provide for regulations which may make provision,

“as to any conditions which must be satisfied before … an objection can be referred to the adjudicator under subsection (2) or … the adjudicator is required to determine an objection referred to him”.

I understand that to mean that, in addition to the admissions code, which will not go into such matters, any regulations coming forward can stipulate conditions that parents or, as the Minister said, any person or body—including the local authority— must meet before making an objection to a school’s admissions procedure. As we have not seen the draft regulations, we have no idea of the conditions that the Government may be thinking of imposing. They could create additional hurdles for people to overcome before they can avail themselves of the opportunities to object to admission authorities’ policy and practices that the government amendments have created for them. Perhaps the Minister could clarify that my understanding is correct and, if so, what conditions the Government may be thinking of including in regulations. It is important that we have an idea of those before this matter is decided.

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[Lord Alton of Liverpool]

My Lords, I support the point that the noble Lord, Lord Touhig, has made. I know that great concern has been expressed outside your Lordships' House that the provision could give rise to vexatious complaints being made by groups who have no interest whatever in the school concerned. I hope that the Minister will be able to reassure us that that will not be the case.

[Lord Hill of Oareford]

My Lords, it remains our intention to bring the new codes into force from February 2012. While there is no legal requirement for us to publish a further draft of the code, we intend to do so as quickly as possible, with a planned date of 31 October. Alongside those draft codes, we expect to publish draft regulations and to consult on them for four weeks ahead of laying the codes formally before Parliament on 1 December. I would be very happy to share a set of the draft regulations with the noble Baroness so that she can see them in good time.

[Baroness Hughes of Stretford]

Is it possible to see those draft regulations before Third Reading so that that issue is clarified before the Bill is finally disposed of?

[Lord Hill of Oareford]

I understand the point. Let me check where we have got to on the draft regulations and come back to the noble Baroness, if I may.

To clarify the point about binding the judgment of the adjudicator and what happens if the admissions authority does not do what the adjudicator says, the judgment of the adjudicator is final and legally binding. It cannot be ignored. The school or local authority must implement that decision without undue delay or find itself in breach of the statutory duty to have admissions arrangements compliant with the code. If they fail to do that, they risk judicial review or direction by the Secretary of State.

So the adjudicator’s ruling is binding. The difference is that instead of the current situation whereby the adjudicator specifies how the admissions authority must change its arrangements to comply with his ruling, his ruling will still be binding and it will be the duty of the admissions authority to comply with his ruling and change their admissions arrangements to make sure that they are compliant.

I take the point raised by the two noble Lords about vexatious complaints. We are proposing to put in place a couple of safeguards. First, the adjudicator would not have to reconsider his decision if someone were putting in repeated allegations and accusations on which he had already decided. Secondly, we are making it clear that there cannot be anonymous allegations of that sort to try to ensure that the system works properly.

Amendment 64 agreed.

Moved by

[Lord Hill of Oareford]

65: Clause 34, page 33, line 38, leave out sub-paragraph (i)

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Moved by

[Lord Hill of Oareford]

67: Schedule 10, page 85, leave out lines 9 and 10

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[Lord Young of Norwood Green]

My Lords, I rise to speak primarily to Amendment 70A, which was moved by my noble friend Lady Hughes of Stretford. I must admit that it is a curious irony that a Government who often proclaim their belief in localism and plurality should seek to impose a prescriptive solution on new schools. I was recently looking at the range of schools that, for instance, the Church of England provides in London. There is a wide variety of about 150 schools; some are academies and some are community schools. Although academies are very much the flavour of the day, they are not—and surely should not be—the only solution. It would be dangerous to assume that there is only one solution.

I should perhaps declare an interest as a governor of my local community primary school, and as someone who participates in the Lords outreach programmes and visits a wide range of schools. One can see successful academies and one can see successful community schools. My noble friend is absolutely right to say that Amendment 70A is not anti-academy by any means. It sends the message that the issue should be left to local determination. I should be very interested to hear the Minister’s response.

[Lord Hill of Oareford]

My Lords, at the heart of the Government’s proposals and this debate is the question of how we obtain greater school autonomy, strike the balance between wanting to pursue that objective and raising educational standards, and resolve the tension that can clearly exist between that and localism. Perhaps I may pick up on the point about the Government thinking that there is only one model of provision, involving only free schools and academies. The whole purpose of the policy on free schools is to have as varied a range of types of schools as we can. That is also the case with academies. Studio schools, UTCs and bilingual schools are thereby emerging, many with a lot of local involvement. I recognise that that is slightly different from the point being made about local authority involvement. However, it is not the case that the Government are seeking a one-size-fits-all kind of school provision. We want variety but we are also keen to encourage schools that demonstrate greater autonomy, and that is what lies behind this clause.

We know that results from the academies programme begun by the previous Government provide evidence for this. Research from the National Audit Office last year reported that academies have increased the rate of improvement in GCSE results compared with trends in their predecessor schools. The latest provisional GCSE results data show that sponsored academies are still improving at a faster rate than other maintained schools. In the latest year, they are improving at more than double the rate of other maintained schools.

This evidence began to emerge some time ago and it is fair to say that we are not the first Government to seek to respond to it. We discussed in this House the previous Government’s education White Paper in 2005. That White Paper, and the Education and Inspections Act 2006 that followed it, set up the current system for establishing new schools. Again, I think it is fair to say that the system introduced under that legislation was designed to promote more autonomous schools and to reduce the number of new community schools. Therefore, that approach was established by the previous Government, although I accept that we are taking it further with our proposals.

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Moved by

[Lord Hill of Oareford]

74: Clause 39, page 35, line 22, leave out “follows” and insert “set out in subsections (2) to (8)”

[Lord Hill of Oareford]

My Lords, in Committee, while I think that there was a general acceptance of the idea of focusing inspection more intelligently, a number of concerns were raised about some of the specific provisions in Clause 39. I said that I would reflect on these and report back. In my letter of 14 October to the noble Baroness, Lady Hughes of Stretford, I set out our policy intention and the changes that Ofsted will make to strengthen the arrangements in response to particular concerns that were raised.

The principle of proportionality is already a feature of the current inspection system with more frequent inspections for satisfactory and inadequate schools, and intervals of up to five years for good and outstanding schools. The intention behind Clause 39 is to take this to the next logical step by replacing the requirement for all schools to receive a routine inspection with an approach based on rigorous risk assessment that triggers inspection of outstanding primary and secondary schools where necessary. Clause 41 seeks to apply a similar approach for the inspection of outstanding FE providers.

In Committee, the noble Lord, Lord Hunt of Kings Heath, raised a particular concern that regulations made under the new powers introduced at Clause 39 could extend the categories of schools not requiring routine inspection to cover, for example, all academies or all faith schools without appropriate scrutiny. While we have been very clear about our intentions to use the new power to exempt only outstanding schools, I accept the general point made by the noble Lord, which is why I have tabled Amendments 74 and 75. They provide that any subsequent changes to the first set of regulations made under the new power—a draft of which was shared with the House as indicative regulations in March, exempting outstanding mainstream primary and secondary schools—will require parliamentary approval through the affirmative procedure. Amendments 81 and 82 offer the same commitment in relation to FE providers. I hope that these amendments remove any doubt about the Government’s intentions and any concern about a hidden agenda, and provide sensible and effective safeguards.

The noble Lord, Lord Hunt of Kings Heath, was also worried about the performance of some outstanding schools dropping and I understand that concern too. Our response to that point has not been to move away from the principle of greater proportionality but to look again at the question of risk assessment and the triggers that would cause an inspection to take place. Risk assessment already takes account of a range of information, including pupil attainment and progress, attendance, evidence of poor performance gathered through survey visits, warning notices issued by local authorities, views from parents, including through Ofsted’s recently launched parent view online questionnaire, and any complaints.

An inspection may occur where, for example, achievement was judged to be less than outstanding and has not improved; where particular groups of pupils are not making good progress; where attendance is significantly below average and not improving; or where Ofsted undertakes a survey visit and identifies concerns. A decision to inspect will also take account of the views of parents, local authorities, funding agencies and others in the local area.

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[Lord Hill of Oareford]

My Lords, let me respond briefly to the specific point about safeguarding raised by my noble friend Lady Walmsley, which I think the noble Baroness, Lady Morgan of Huyton, alluded to. I can confirm that the thematic survey of safeguarding will take place and will be used to inform the judgments that we make going forward about that important issue.

I turn to the core point made by the noble Baroness, Lady Hughes of Stretford, about the thinking behind the Government’s approach. I recognise the points of view that she put across: wanting a more proportionate approach based on having far more data about how schools are doing generally and publishing those so that parents can see the whole time how the school is doing, but having the position that if schools are performing well—delivering what parents want, delivering strong results—we need not make them be inspected in the same way as all other schools.

[Baroness Hughes of Stretford]

Just while the Minister is on that point, would he concede my main point, which is that it is not necessary to exempt outstanding schools from inspection in law in order to have the different, proportionate approach that he talks about?

[Lord Hill of Oareford]

The reason why we are making this change and doing it now is because we are putting on a statutory basis the approach that we want. That is why we are doing it. In practice, the vast majority of secondary schools will be inspected through a thematic survey visit over a five-year period. The risk assessment arrangements will trigger inspections. The starting point is that we think it builds on the principle of proportionality that already exists in inspections. With these increased safeguards in place, and I am grateful to noble Lords who have encouraged us to strengthen those and look at this again, we think that it will deliver a proportionate and effective system.

Amendment 74 agreed.

Moved by

[Lord Hill of Oareford]

75: Clause 39, page 36, line 31, at end insert—
“(9) In section 121 of EA 2005 (parliamentary control of subordinate legislation)—
(a) in subsection (2)(a), after “subsection” insert “(2A) or”;(b) after subsection (2) insert—“(2A) This subsection applies to regulations under section 5(4A) (power to prescribe schools exempt from inspection), apart from the first regulations to be made under that subsection.
(2B) A statutory instrument which contains (whether alone or with other provisions) regulations to which subsection (2A) applies may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.””

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[Baroness Howe of Idlicote]

My Lords, I have listened to the whole debate, particularly to the noble Baroness, Lady Morris of Yardley. She completely impressed us all and has certainly convinced me. Until now I wavered a little on this point. It does not make sense for Ofsted not to be involved in the ideal against which other schools and schools in the future should be measured. I hope that the Minister, after the few extra minutes he has been given to breathe by virtue of the intervention of the noble Lord, Lord Quirk, will be able to rethink a little and, above all, get the other place to read what the noble Baroness, Lady Morris, said.

[Lord Hill of Oareford]

My Lords, I am grateful to the noble Baroness, Lady Morris of Yardley, for her career advice, which I take in good part. I am sure that it was meant in good part. If she sees the humps developing on my back as I respond, she will understand that, camel-like, I must bear the course—I misquote Shakespeare.

The noble Lord, Lord Knight, set out the main points, and I will not speak at length because the substantive response in terms of what the Government are trying to do relates to the principle of proportionality upon which this issue is based. In response to the concerns raised in Committee, we went back, thought again and strengthened the safeguards that have been put in place. However, I recognise that they are not to the satisfaction of all noble Lords.

The noble Lord began with two points. His first concern was to ensure that there was no intention to exempt free schools or academies en bloc. There are two answers to that. The first, which he acknowledged, is that we have made changes so that that could not happen other than through an affirmative order. However, that is not the intention of the Government. I have no desire to exempt all free schools and academies from inspection. That comes back to the point made by the noble Lord on Monday, which he half remembered. He talked about there being three principles—fair funding, fair access and fair inspection. I reiterate my agreement with that because the approach to inspection should be the same for any type of school. However, we would argue that an outstanding academy or mainstream school obviously should be treated in the same way. I would not want there to be exemptions for any types of school.

The noble Lord said that in the past—perhaps speaking from his own experience—Ministers may have looked too favourably on academies because they did not want those schools to be seen to fail because they were seeking to take forward a policy direction. That is not my wish at all. One of the things that we are doing is seeking to increase the pressure on underperforming academies to make sure that we apply that approach to them just as we would to any other school.

The noble Lord asked in passing whether our proposal is driven by money. The matter was raised previously so I shall respond to it. It is a perfectly fair question and the answer is that it is driven by the desire to have a more proportionate approach to inspection and regulation. Money is not the driver.

A point raised a number of times concerned how one picks up best practice. I accept that that is a good and fair question and it was put by the noble Lord, Lord Quirk. Clearly, a flow of new outstanding schools will be coming through routine inspection every year, but the thematic reviews and surveys will also pick up best practice. However—this relates to the point raised by my noble friend Lord Lucas—it is also the case that we are keen to encourage more and more the professional sharing of good practice, and it is spreading. I do not think one needs to argue that an inspection which currently takes place once every five years is the only way to deliver the professional sharing of good practice.

I take the point raised by my noble friend Lord Lucas about the process being faster acting. The current regime leaves five years between inspections, but the combination of the triggers which will kick in earlier will mean that, if there are problems, they will be picked up faster under our new system than under the current one.

In response to the point raised by the noble Baroness, Lady Hughes of Stretford, I do not think that a school would have the certainty of there being no inspection. The much tougher triggers will mean that there will never be that certainty because there are all sorts of way in which an inspection can be brought forward.

I understand the position taken by the noble Lord, Lord Knight, and the noble Baronesses, Lady Hughes of Stretford and Lady Morris of Yardley, who argued their case forcefully and clearly. The difference between us is not about the importance of inspection, the fact that we think parents should have information or that we want to go soft on inspection; at heart, it is that we think it is time to develop the existing approach to proportionate inspection and take it one stage further.

[Lord Knight of Weymouth]

My Lords, we have had an excellent debate. I am delighted that, having had a busy day, my noble friend Lord Hunt of Kings Heath is now in his place to hear the end of it, given that he instigated it. In many ways, I do not need to add to the debate. As the Minister has just said, there is a difference of opinion. The case was brilliantly put by my noble friend Lady Morris and supported by others on all sides of the House. I think that the argument has been won and I hope that the vote will now be won. I wish to test the opinion of the House.

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[Lord Eden of Winton]

My Lords, the speech by the noble Baroness in moving the amendment gave much reassurance to many in this place who may have been overwhelmed by some of the correspondence that we have been receiving. I am extremely sorry that both she and the noble Baroness, Lady Walmsley, have been subject to abuse on the grounds that they have been apparently promoting activities in schools, in the teaching of the classroom, which have no place there, or should not be there. The fact that we have been receiving so many letters is an indication of the widespread distress that has come about as a result of what has been said. Therefore, I hope that the Minister, in replying to the debate, will make certain matters very clear indeed. What needs to be made very straightforwardly clear is that there is no intention at all of forcing the teaching of sex education in primary schools for children of the age of five upwards. That would be very wrong indeed. Having seen some of the material that has been put about that is apparently available in schools, I can say that it is totally inappropriate for young children.

The trouble with teachers, or well wishers, trying to embrace a subject of such sensitivity is that they become too explicit and nothing is left to any imagination at all. Worse still, in some of the documentation that I have seen, children are actually encouraged to experiment and to find out what they might enjoy. That is insane. We really cannot tolerate that sort of thing and I hope that my noble friend will make it abundantly clear that this is something that he and his colleagues in Government equally will not tolerate. I have had many years of being able to observe children in school, having been the owner, a long time ago, of a private preparatory school, and I know that in some cases—very rarely—a child is very susceptible and vulnerable and open to all matters of persuasion and influence. However, the majority—I can say this with some certainty—are not.

Children, small children in particular, are extraordinarily resilient and they have a facility to bypass the sorts of issues and experiences that trouble older people. They can absorb them. They are, after all, at an early age, on a journey on a voyage of discovery. They are learning something new every day, they see things every day that are either exciting or alarming and they can overcome issues of distress and anxiety very quickly, on the whole. I generalise, I know; of course, there are exceptions. I very much hope, therefore, that we will not try to force feed sex education to children in our schools, because that would be totally wrong and I know from what has been said that neither the noble Baroness, Lady Walmsley, nor the noble Baroness, Lady Massey, have any intention of doing that. In fact, I find their amendment wholly unexceptional, albeit I do not think it is right to have it in the Bill. The inspectors, as has been said, should not have all this detailed material put in front of them; there are issues that need to be taken into account, but I do not think that it should be in legislation. However, I find their objective in stating these various points to be totally praiseworthy and I thank them very much for having brought these issues to the attention of this House.

[Lord Hill of Oareford]

My Lords, it may be for the convenience of the House to be clear—since I know that many noble Lords want to speak, since I do not want any hares, or anything else, to get running, and since we should debate this amendment on its merits, as the noble Baroness, Lady Massey, said at the beginning—that the Government do not have any proposals to bring forward or change any legislation in the context of sex education. I hope that that will help to speed up our debate.

[Baroness Howarth of Breckland]

My Lords, I want to engage in a discussion about the actual amendment and the issues that the noble Baroness, Lady Massey, more broadly raises, rather than getting into a debate that we said we were not going to have about sex education for the under-fives. I support the thrust of this amendment, in that it is about the kind of ethos that we want our children to be brought up in. I know that some noble Lords think that it is overprescriptive and that there are other ways of getting this into the regulations, the legislation or the way that Ofsted inspects, but it is crucial that this ethos is through schools.

Noble Lords will know that I spent many years setting up and establishing Childline. I spent the years I was not doing that working with children who are severely deprived or have been seriously sexually abused. I will come to that in a moment. These children are not a small minority; there is quite a sizable group of children who do not have the benefit of good, middle-class families—indeed, some families that are middle class have extraordinary difficulties, as any parent who has faced having children who are into drug or alcohol abuse will know. The one important issue for all these children is that the school can make a difference.

I am involved with a group of children at the moment who have all had extraordinarily difficult backgrounds. They have been before the court either because their parents are splitting up or because they have come into care. The one thing that has made a difference to those children is their school. They are all doing well. They have the sort of starred grades at GCSE that I could only have dreamt of. They are doing well because their schools have focused on their well-being.

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[Lord Hill of Oareford]

My Lords, I start by welcoming the noble Baroness, Lady Crawley, from the substitutes’ bench. As I am sure that she knows far better than I do, that is not all it is cracked up to be. There have been many times this afternoon when I would very happily have been sitting on the substitutes’ bench. However, it is very nice to hear from her in such an important debate.

We have discussed these broad issues many times in this House, even in my short time here, but I think that we have covered the ground well again today with a great deal of thought and passion. It has been a good discussion, in which I hope we have managed to clear the air on some issues.

On the amendment, as we heard in the debate on the previous group, Clause 40 consolidates and refocuses the arrangements around core issues related to education in its widest sense, covering academic and personal development. The point has been well made that education is not solely about academic achievement but is about everything that makes children develop and, indeed, be happy. On the specific issue of children being happy—a point raised by the noble Lord, Lord Layard—inspectors seek the views of parents and children about the school, and in both cases views are sought on whether children are happy in school. It is right that that should be so, and this will continue to feature as a question to parents and children. I believe it is also the first question that is put to parents in Ofsted’s new online questionnaire, which gathers parents’ views outside inspections. I agree that it is important that those points are picked up.

The amendment moved by the noble Baroness, Lady Massey, seeks to add well-being to the main reporting areas for school inspections, including some specific aspects of well-being, which she set out for us. As I hope my noble friend made clear in her response to Amendment 77, although well-being is not included in the consolidated provisions set out in Clause 40, that does not mean that it is absent from the new arrangements. Indeed, we argue that having behaviour and safety as one of the four core areas—areas that we are trying to slim down so that there is more attention on a smaller number—shows how important well-being will be within the new arrangements. Child protection measures, which we have also talked about, will be a key element of the assessment of the effectiveness of leadership and management of a school. Safeguarding will be picked up there as well as through thematic surveys, as we discussed on the earlier group.

The reason that the Government are keen to change the focus of inspection is illustrated by Ofsted’s inspection findings for 2009-10. In that year, teaching was judged outstanding in only 5 per cent of primary schools and 4 per cent of secondary schools. That is one reason why we are keen to make sure that inspection focuses on teaching quality. Schools that perform strongly in terms of pupil achievement also do well on wider aspects of well-being. However, the reverse is not always the case. For example, last year all primary schools that were judged outstanding for achievement were either good or outstanding in terms of healthy lifestyles, but for primary schools that were inadequate in terms of achievement, over half were good or outstanding on healthy lifestyles.

I stress that inspection will focus on those key aspects of well-being. For example, inspectors will be checking to ensure that all pupils have an equal and fair chance to thrive and learn in an atmosphere of respect and dignity. Inspectors will consider pupils’ behaviour towards and respect for other young people and adults, including freedom from bullying, and will also consider pupils’ ability to assess and manage risk appropriately and keep themselves safe, including from some of the risks that we have discussed—those associated with new technology, substance misuse, knives and gangs, and those associated with relationships, including sexual relationships. This is set out specifically in the new evaluation schedule that inspectors will follow.

Youth Services

Lord Hill of Oareford Excerpts

Tuesday 25th October 2011 Lords Chamber

[Baroness Royall of Blaisdon]

To ask Her Majesty’s Government what measures they are taking to secure the provision of youth services.

[The Parliamentary Under-Secretary of State for Schools (Lord Hill of Oareford)]

My Lords, the Government will set out their plans for an overall youth strategy later in the year. English Councils can draw on their revenue support grant and the early intervention grant to fund youth services. Central government is also meeting capital costs of £141 million for 63 myplace youth centres in disadvantaged areas, funding provision of national importance for vulnerable young people by 18 voluntary organisations and piloting national citizen service for 16 year-olds.

[Baroness Royall of Blaisdon]

My Lords, I am grateful to the Minister for that Answer. It all sounds very good when it comes from the Minister’s lips but it would not feel like that to the 1,000 young people I met this morning at a very excellent Choose Youth rally. They are concerned that they are being unfairly treated when their services are disproportionately cut. If he looks at the figures, the Minister will agree with me that youth services up and down the country are being disproportionately cut. Does he agree that support for young people is a cost-effective way to change people’s lives and that if they are missing out we are missing out as a society?

[Lord Hill of Oareford]

I agree with the noble Baroness, Lady Royall, about the importance of supporting young people. I know that she is carrying out a review to look at ways to make it easier for them to get more engaged from a democratic point of view. That is extremely important. It is the case that we have had to take difficult decisions on funding. As I have said to the House on many previous occasions, it is also the case that when we were faced with a decision last year on where to prioritise our public spending we took the view that, given the need to make hard choices and the overall situation that we faced, the more sensible place to put it was in pre-16 funding as all the evidence shows that how children do before 16 is the strongest determinant of how they do after 16.

[Baroness Walmsley]

My Lords, 28 local authorities have not declared what their youth services plans are, as they are required to do by law. What can the Government do to protect youth services in those areas as local authorities have a statutory duty to provide positive experiences for young people?

[Lord Hill of Oareford]

My noble friend is absolutely right about the statutory duty that local authorities are under. Under that same legislation—I think it is the 1996 Act—the department is able to chase up local authorities to see what they are doing. Ultimately, there is a power to intervene if the Secretary of State thinks that local authorities are failing to fulfil those duties in the long term. Across the country a varied picture is emerging of how local authorities are responding to the funding challenge that they face through the early intervention grant. As we have debated many times before in other contexts, we think that local authorities are best placed to exercise that judgment. However, at a difficult time, we are seeing across the piece a growing focus on providing support for disadvantaged young people particularly.

[Lord Laming]

My Lords, how will the Secretary of State make a judgment on whether the provision by each local authority is adequate to meet the needs of its young people?

[Lord Hill of Oareford]

I fear that I am not going to be able to give a precise answer to the noble Lord. As is often the case, these judgments need to be made on a case-by-case basis, but those powers do exist in that legislation. I know that this is something that my honourable friend Mr Loughton, who is the responsible Minister, is aware of.

[Baroness McIntosh of Hudnall]

My Lords, the Minister will no doubt not be aware that I, along with colleagues, spent some part of this morning listening to evidence provided by voluntary service groups which are offering services to at-risk young women in Leeds, the north-east and elsewhere. No doubt he will be aware that these voluntary sector services are coming under enormous pressure at the moment because their core funding is, on the whole, being removed. Will he acknowledge the enormous contribution the voluntary sector makes in the area of youth services and tell the House in what way he thinks their current funding crisis can be helped?

[Lord Hill of Oareford]

I am grateful to the noble Baroness for giving me the opportunity to say how much we welcome the role played by the voluntary sector. It is extremely important, as she says, and we would be keen to extend that role. That is one of the areas that I know my honourable friend Mr Loughton is looking at in bringing forward proposals later in the year—probably at the end of November—and launching his “positive for youth” strategy, which will look at involving that sector. I know he is working with the voluntary sector on that plan. More generally, on the noble Baroness’s point about the funding situation, there is not a lot that I can say. I do not hide the fact that we face a difficult financial situation. We have had to make difficult choices and have pushed those choices down to local authorities where we think they can most sensibly be made. Beyond that, so far as the money is concerned, there is little extra I can add.

[Lord Roberts of Llandudno]

My Lords, with youth unemployment having touched more than a million, what provision do the Government have in mind to help 16 to 18 year-olds who find themselves penniless and jobless at the present time?

[Lord Hill of Oareford]

The Government are seeking to address that important issue in a range of ways. One is through the raising of the participation age, where we are building on the measures taken by the previous Government; another is by increasing the number of apprenticeships offered to the 16 to 18 year-old group; and another is through the record funding going into education and training for 16 to 18 year-olds. We can work on this in a range of ways. It is not just my department that is involved. Across government a range of departments needs to be active in this area, and that is something we are taking extremely seriously.

[The Lord Bishop of Ripon and Leeds]

My Lords, in view of the meetings taking place, not least the one this morning, will the Minister tell us what contribution he envisages young people themselves making in the development of “positive for youth” over the coming years?

[Lord Hill of Oareford]

The involvement of young people is extremely important and relates to one of the points made by the noble Baroness, Lady Royall of Blaisdon. I know that my honourable friend is extremely keen to make sure that young people are fully involved in the development of this policy. In part it is through becoming more engaged in parliamentary-type activities and in part it is helping my honourable friend to shape his own thinking. In part it is through national citizen service, which is where young people themselves can acquire the skills to set up sustainable projects in their own areas. There is a whole range of ways, and it is an extremely important point.