Schools Bill [HL]

Debate between Lord Knight of Weymouth and Baroness Garden of Frognal

Report stage & Lords Hansard - Part 1
Monday 18th July 2022 Lords Chamber

[Baroness Garden of Frognal (LD)]

My Lords, Amendment 77 is in my name, and I am delighted to have the support of the noble Lord, Lord Lucas. This is a very modest amendment so I hope the Minister can agree it without too much difficulty—one always lives in hope in this place.

Home educators save the country thousands of pounds because they are not using state-funded education systems, but they often have difficulty finding a test centre for their children when they want to take public examinations, and when they do find one they have to pay exam fees, which can amount to hundreds of pounds, for the privilege of doing so. Of course, many home educators are not wealthy and struggle to find the money for the fees, but surely home-educated children are as entitled as other children to have public recognition of their learning in the form of examinations. This amendment would guarantee that home-educated pupils had a place at which to sit their national exams and financial assistance to ensure that no child is denied recognition of achievement because their parents cannot afford the fees.

As I say, it is a very modest amendment and I hope the Minister will look on it favourably.

[Lord Knight of Weymouth (Lab)]

My Lords, in the absence of my noble friend Lord Hunt, who is in the Moses Room grappling with procurement, I will speak to his Amendment 79, to which I also put my name. It would require a local authority to have regard to the case of a SEND child and to listen to the wishes of the child and the parent around provision decisions; the information and support necessary to enable participation in those decisions should be present.

It is an important amendment, given that in so many of the cases that we have heard about where parents are anxious about the Bill’s measures in respect of home education, they are parents of children with some form of special educational need or disability. They have felt that their child’s needs are not being properly addressed in the maintained sector and have therefore chosen to home educate their children. It is important that there is some safeguard for that group in particular, so that the parents’ and child’s wishes are properly considered in the context of what we are trying to do in the Bill.

I also support Amendment 74, moved by the noble Lord, Lord Lucas. The amendment of the noble Baroness, Lady Garden, which I supported in Committee, makes an important case for support for sitting national examinations and the cost of doing so. By consequence, I support Amendment 78.

Finally, having listened carefully to the noble Lord, Lord Wei, on the previous grouping, and given the problem that the Local Government Ombudsman does not apply in the cases of parents of home-educated children, I think it is important that there is some kind of independent complaints service or ombudsman service. I shall be interested in the Minister’s response on how that independent voice to handle complaints about local authorities, with the diverse range of services that they might provide to support home-educating parents, might be provided.

Schools Bill [HL]

Debate between Lord Knight of Weymouth and Baroness Garden of Frognal

Committee stage
Wednesday 22nd June 2022 Lords Chamber

[Baroness Garden of Frognal (LD)]

I shall speak to Amendments 130 and 139 in my name. I can be pretty brief, given the comprehensive outline that the noble Lord, Lord Lucas, has given, and indeed the words from my noble friend Lady Brinton.

Amendment 130 addresses the difficulty and expense of home-educated children sitting public examinations. They need to find a school or examination centre that will accept them, since not all will if they do not know the children and do not wish to see their results reduced by young people who may not have been taught for their exams and whose results may bring down their overall ratings. That is quite a hurdle for many home-educating parents.

Having found somewhere for their children to sit the exams, home schoolers then have to pay for them. That can easily run to hundreds of pounds. Home schoolers are not necessarily wealthy people and may find the cost of exam fees prohibitive. However, home-educated children are entitled to get credit for their knowledge and skills, just like school-educated children. This amendment probes the possibility of financial assistance for children who could otherwise not afford to be awarded GCSEs or A-levels. Could there, for example, be a system for those on universal credit or of limited means to be helped with exam fees?

Amendment 139 suggests that the opinion of the authorities should be supplemented by a suitably qualified independent assessor to ensure that home educators are given a fair hearing if their child is subject to a school attendance order and the parent or guardian feels that it is inappropriate. The noble Lord, Lord Lucas, has already touched on the reasons for that. It is an extra check and balance for those who do not want their child to attend school and feel that the order is not in the best interests of the child, and fear too an overbearing authority. This is surely a measure that the Minister could acknowledge and accept.

[Lord Knight of Weymouth (Lab)]

My Lords, this is an important group of amendments, very well introduced by the noble Lord, Lord Lucas; like the noble Baroness, Lady Garden, I do not propose to spend much time going over the points that he has made. I read the somewhat testy exchanges—when everyone was a bit tired, I think—at the end of the day on Monday, so it is nice to be having a debate about how we can better support parents rather than causing them any anxiety, if that is the concern.

In that context, having some means of appeal is really important. That might be through the ombudsman that the noble Lord, Lord Wei, is proposing in Amendment 171X or by some other means. I have been sat here wondering whether the Office of the Schools Adjudicator might be another possibility of a pre-existing office that could perform the function of refereeing and providing some kind of safeguard against the possibility that some rogue local authorities might overuse some of the powers being talked about; that is a worry, given the variety among local authorities that the noble Lord, Lord Lucas, talked about.

Amendment 130 from the noble Baroness, Lady Garden, about exams, which I put my name to, is important. It is really important that parents have a positive reason to register and are not just doing it because the law tells them to and that if they do not then they will be subject to penalty. This would be one of those positive reasons that we could offer. I am not sure whether the local authority having to find the funds itself is the answer because, as we know, local authorities struggle to find the funds to do much these days. If the Minister were to agree with this, perhaps she could reflect on the national funding formula or some other means whereby the money could find its way to elective home educators so that their children can have a link with a school and an examination centre. That all seems very positive in the wider scheme of things.

I share the concerns of the noble Baroness, Lady Brinton, about the scale of change regarding the penalties being proposed for parents who fail to abide by this. There is a further amendment on school attendance orders and there having to be some kind of judgment about what is suitable education from someone who at least knows something about education; that is also an important safeguard that we could put in to protect parents.

Technical and Further Education Bill

Debate between Lord Knight of Weymouth and Baroness Garden of Frognal

Committee: 2nd sitting (Hansard): House of Lords
Monday 27th February 2017 Grand Committee

[Baroness Garden of Frognal (LD)]

My Lords, I support this amendment and entirely agree with the noble Lord, Lord Watson, on the importance of signalling to international students and staff that they are welcome. Not only are they welcome, they are invaluable in providing teaching skills that we are unable to provide from UK citizens and in bolstering student places in both quality and quantity.

Through this Bill, we would hope to send out positive messages to those from other countries that we are open for business, that we shall honour any commitments to staff or students and that we shall minimise the immigration conditions for all bona fide students and staff who wish to come to our further education colleges or providers. These measures are particularly important now in respect of EU nationals, who play such a significant part in the success of our further and higher education institutions and who are feeling particularly beleaguered and undervalued at the moment, but they are important too for the much wider international community. I hope that the Minister is able to accept this amendment.

[Lord Knight of Weymouth (Lab)]

My Lords, I shall speak briefly in support of this amendment. I want to remind your Lordships and the Minister that FE colleges come in a number of different guises and there are some specialist FE colleges for which this is particularly important. I am particularly a fan of the Ada Lovelace College—the newest college, I think, to be given FE status by the department—which is the National College for Digital Skills, based in Haringey. We have an acute shortage of digital skills throughout this country, including here in London, and there is a massive demand for them. If we can allow more international students to come and take advantage of studying at that college, we would do our economy and some of those young people an enormous service. I urge the Minister to listen carefully, as is his wont, and to be sympathetic to this amendment.

Education Bill

Debate between Lord Knight of Weymouth and Baroness Garden of Frognal

Wednesday 6th July 2011 Grand Committee

[Baroness Garden of Frognal]

I thank my noble friend Lord Lexden for giving us this opportunity to talk about induction, which is an important part of ensuring we have good teachers in our schools. Induction is like a probationary period. It provides a statutory national framework for supporting new teachers to make the transition from initial teacher training to their career in teaching. It ensures that NQTs receive support, training and development. At the end of this time, new teachers have to pass an assessment and can then become full members of the teaching profession. Before I come on to the amendments in detail, let me set out briefly some of what the Government are doing to get excellent teachers into the profession, because induction is at the end of the process and needs to be viewed in that context.

Our initial teacher training strategy, which we recently launched, includes the following measures: we will attract the best graduates by offering one-off training bursaries of up to £20,000; we will double the size of Teach First, a scheme that has been highly successful in attracting graduates from some of our best universities into teaching; we will raise the bar for entry to teaching by funding training only for those with at least a second class degree, and by introducing literacy and numeracy entry tests; we will focus teacher training better on the skills that teachers need most, including managing behaviour and teaching early reading, items which we have already touched on in this Committee; and, we will give more schools a strong role in the recruitment and training of the trainees that they will go on to employ.

Alongside these reforms, we have been reviewing teacher standards, including those that trainee teachers must meet. We expect shortly to produce new, clear standards that raise the bar for newly qualified teachers who enter induction, so the Government are doing much—

[Lord Knight of Weymouth]

Given that the Minister raised the background to this debate, which I am grateful to her for doing, could she clarify one point for me? In terms of the bursaries being proposed in the paper, can the Minister give us her view of the impression given by awarding up to £20,000 per secondary school priority subject, yet so much less for primary school teaching? Is it not really important that we get things right in primaries so that people can become successful in secondaries, and should the bursaries not reflect that?

[Baroness Garden of Frognal]

Some of this is to do with shortages of teachers. There are more shortages of secondary school teachers, which is why those priorities have been set. However, we would entirely agree with what the noble Lord has said about the real importance of primary school teaching and of introducing an ethos of learning, and of the fun of learning, at a very early stage. Primary school teachers are of the utmost importance in that. The Government are doing much to improve the quality of those who enter induction in the first place but, as my noble friend Lord Lexden has said, induction itself is of great importance. It helps NQTs to handle the fresh challenges they face in their first teaching post, to strengthen their skills and to improve their teaching.

On Amendment 69 it is the case, under current regulations, that NQTs may serve induction only once—a point that has been picked up by noble Lords. In answer to the noble Baroness, Lady Jones, it is a fact that the previous Government’s regulations prescribed only one induction period. We have reviewed that position and decided to continue it. Of course, if things change we can always review the position but that is what we are holding to at the moment. Recent discussions with those who work with induction arrangements have supported the current position, reflecting the important points that my noble friend Lord Lexden has made today. We do not plan to allow NQTs to serve more than one induction period. It is of course a key element of ensuring that only those NQTs who meet the required standards are permitted to continue to teach in maintained schools, and we would wish to maintain that.

In answer to the point by the noble Baroness, Lady Jones, about academies, they are classified as independent schools and as such they may choose to offer statutory induction, although they are not required to do so. We will continue that position through regulations. My noble friend Lord Lexden raised an important issue—

Education Bill

Debate between Lord Knight of Weymouth and Baroness Garden of Frognal

Monday 4th July 2011 Grand Committee

[Baroness Garden of Frognal]

My Lords, as we have all agreed, improving standards of behaviour in our schools is of great importance. We know that having a clear behaviour policy, which is consistently applied and includes positive incentives as well as sanctions, is essential to ensure good behaviour. This clause is one measure that the Government are taking to help schools to achieve this. Its intention is to allow teachers and head teachers to use detention in a way that is appropriate to the circumstances of their school and individual pupils to maintain a safe and orderly school environment.

My noble friends Lady Brinton and Lady Benjamin and other noble Lords have raised concerns about the safeguards, but safeguards are already in place to make sure that parents know what to expect with regard to detention outside school hours. Section 89 of the Education and Inspections Act 2006 requires that head teachers develop a behaviour policy in line with the principles drawn up by the governing body, and publicise it to parents annually. This policy must include all the penalties that the school uses to maintain discipline, including whether the school issues detention outside school hours.

The amendments in this group seek to place additional requirements on schools in relation to contacting parents when they wish to give a detention. I understand the intention behind the amendments. My noble friend and the noble Baroness, Lady Jones, rightly consider that courtesy to parents and issues of child safety are of the utmost importance. Of course, I agree with them about that. However, noble Lords asked where these requests had come from. They may have read the briefing by the Association of School and College Leaders, which read:

“We welcome removal of the requirement to give parents 24 hours notice of detentions. We note that at second reading there was concern that this power could be abused. School leaders are well aware of the position of child carers, as well as other concerns such as children walking home alone in the dark and in the vast majority of cases will continue to give 24 hours’ notice. We are confident that schools can and should be trusted with this additional discretion”.

We have had meetings with school heads who support that to the hilt.

I believe that teachers and head teachers will consider the circumstances of their schools and pupils in setting their policies on detention so that they can promote good discipline but also safeguard children’s welfare and support good relationships with parents. However, I shall also set out the existing legal safeguards that protect children’s welfare if they are given a detention. Section 91 of the Education and Inspections Act 2006 requires that disciplinary penalties must be reasonable in all circumstances. When considering whether a disciplinary penalty is reasonable, teachers must take account of the special circumstances of the pupil, including—but not limited to—their age and special educational needs, or any disability they may have. That would include the concerns raised by the noble Baroness, Lady Jones, about autistic children and their very special needs.

The Section 91 requirement applies when issuing detention outside school hours. This means that a detention will be lawful only if a teacher acts reasonably given the circumstances, including in relation to giving notice to parents. My noble friend Lord Lingfield raised the fact that this is a power, not a duty, that schools will have.

[Lord Knight of Weymouth]

Do those legal safeguards mean that the noble Baroness’s expectation is that parents’ recourse would be to the courts—and the expense of going to court—if, for whatever reason, they did not feel that they had been given notice that their child would not be at the school gates to be picked up and that had caused them to worry? Is there another third party to whom they could appeal?

[Baroness Garden of Frognal]

The noble Lord raises a valid point. There will be a school complaints procedure to which parents can normally turn in the first instance. Given the special circumstances in which this might arise, one would have thought that that would be the first line of action.

I also understand noble Lords’ concerns regarding the safety of children when travelling home from school, particularly in rural areas. I should reassure noble Lords that, in addition to the safeguards I have just described, Section 92(5) of the Education and Inspections Act 2006 makes it clear that, when considering an out-of-hours detention, teachers must consider whether suitable travel arrangements can be made via pupils’ parents. For some rural schools, out-of-hours detentions may never be appropriate, whatever the notice period, as has already been raised in discussion. I believe that head teachers will make sensible decisions in their individual circumstances.

In our debate on Tuesday, the noble Lord, Lord Sutherland, described some of the difficulties that schools can face in working with a minority of parents. There is a risk that requiring parents to give consent for a same-day detention or to confirm that they are aware of it could, in a small number of cases, allow parents to obstruct appropriate disciplinary penalties. I should reassure noble Lords that the department has released new concise guidance on teachers’ legal powers to discipline. This guidance makes it clear that the school must act reasonably when imposing a detention, as with any disciplinary penalty. In addition, when deciding the timing, the teacher should consider whether suitable travel arrangements can be made by the parent for the pupil. I believe we can trust teachers to consider this and act appropriately.

In reply to the noble Lord, Lord Knight of Weymouth, a study carried out for the Department for Education found that teachers reported a lack of support from parents, describing a “them versus us” mentality. That same study found that teachers felt that the removal of the requirement for 24 hours’ notice of detention would empower them. I can send the noble Lord and the noble Baroness, Lady Howarth, a copy of that study. We stress that the vast majority of parents would be likely to be supportive if they could see that the detention was in the interests of their children. However, this measure is to take account of cases where that might not be seen as an appropriate action.

[Lord Knight of Weymouth]

Is it not the case that the amendment asks for parents to be given notice? It does not require consent. I completely understand that there may be problems over consent if the relationship between home and school is not great. The important thing is that parents know that their child will not get off the bus.

[Baroness Garden of Frognal]

Parents do not necessarily answer their phone. The fact that one has sent a letter home with the child does not necessarily mean that the child has passed it on—I can remember that being the case when I was a teacher. In some cases it was difficult to get hold of the parents to ensure that the message had been sent through. I come back to the point that, were there a difficulty at home, teachers and head teachers would be aware that it might not be an appropriate action to take. It would be taken only where it was deemed to be the right thing to do.