Education Bill

Lord Lucas Excerpts

Monday 11th July 2011 Grand Committee

Moved by

[Lord Lucas]

74: After Clause 13, insert the following new Clause—
“Physical contact between pupils and school staff
(1) The governing body of a school may adapt and promulgate rules on physical contact between pupils and school staff.
(2) Such rules may permit physical contact between pupils and staff in defined circumstances, including in particular contact required for teaching physical skills, providing first aid and comfort to pupils, and avoiding harm to people or equipment.
(3) Such rules may permit physical contact between pupils and staff when no other adult is present, and between a pupil and a member of staff of different genders.
(4) If a complaint concerning physical contact between a pupil and a member of staff is made to the head teacher of a school, and the head teacher considers that on the balance of probabilities the member of staff acted within school rules, the head teacher need take no action to suspend or otherwise restrict the member of staff concerned while investigation of the complaint is in progress.”

[Lord Lucas]

My Lords, I shall speak to Amendment 74 very briefly because apparently the Government have today come forward with some guidance on the subject, or at least a firm view, which I would very much like to hear before I take up a lot of your Lordships’ time telling you what my opinions are based on what the situation used to be.

I find it ridiculous that the schools I have used and been involved in will not put a plaster on a child’s knee when it has hurt itself and will not comfort a child who has been bereaved because they are frightened. I entirely understand why they are frightened. As soon as a complaint of any kind is made, the schools feel compelled to cast the teacher adrift, to throw them out to the local social workers. If they get on with them well, that is fine—then there is a pattern of dealing with the problem which is well understood. But in many cases they do not; in many cases there is not the necessary degree of trust and understanding, and under those circumstances schools choose to protect their teachers, which I entirely understand.

I understand that the Government have developed a position on this that they can tell us about and it might help us all if the Minister told us where they find themselves so that we can then have at them in the knowledge of where we are now rather than where we were yesterday. I beg to move.

[Baroness Hughes of Stretford]

My Lords, I want to raise an issue on the back of this amendment and ask the Minister to reply to it. More than a few members of the Committee were very concerned to see a report in the Telegraph this morning that the Government have issued what they call in their press release the,

“final, clearer guidance for teachers”,

on how they should deal with bad behaviour. This final, clearer guidance includes and enumerates all the issues that we debated not so long ago, upon which a vote has not been taken, as we are in Grand Committee. Therefore, I contend that there is as yet no final resolution of this House, nor of the other House, on these matters. I feel that this is precipitous in the extreme of the Government and quite discourteous to the House. I fail to see how final guidance can be issued which refers to matters that we have yet to decide upon.

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[Baroness Garden of Frognal]

Yes.

[Lord Lucas]

My Lords, I am grateful to the Government. It is exactly the answer that I had hoped for and I look forward to it being applied in schools. I can think now of several that I shall be e-mailing when I get home to point out the URL of the new guidance. Perhaps I might say two things to the Minister. First, the brief advice given by my noble friend Lord Elton is absolutely crucial—parents should know what the school’s policy is. If my parents asked me what a week in school had been like, I can remember that I would say, “Well, I got slippered twice and my maths teacher hit me over the head with a slide rule and drew blood”, and that they would then ask, “Oh—what had you been doing wrong?”. In those days that was the policy. Parents will take what they have agreed to; it is if something happens by surprise that they get upset.

Secondly, when the Minister gets back to the department could she please give a long hug to whoever produced this guidance and say, “But you could have done even better if you had circulated this to the Committee when you published it”. I beg leave to withdraw the amendment.

Amendment 74 withdrawn.

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Moved by

[Lord Lucas]

82: After Clause 19, insert the following new Clause—
“Teacher performance
(1) If the head teacher of a school considers that the teaching performance of any teacher is poor, the head teacher shall—
(a) give written notice of that conclusion to the teacher,(b) not permit that teacher to teach without such support as is required for the experience of pupils to be at least satisfactory,(c) provide a programme of support and continuing professional development designed to improve that teacher’s performance.(2) If after six months the head teacher considers that the teacher’s teaching performance is still poor, the head teacher must support the teacher in finding a post more suited to the teacher’s abilities.
(3) If after a further six months the teacher remains in his or her original post, and his teaching (in the opinion of the head teacher) remains poor, the teacher may be given a full term’s notice of dismissal on the grounds of poor teaching.
(4) Any teacher subject to such proceedings may appeal at any time to a committee of the governing body against any relevant decision or proposal of the head teacher.”

[Lord Lucas]

My Lords, again the Government have pre-empted me by sending me this morning a very helpful e-mail describing their proposals for what are still called disciplinary proceedings, but I do not think that is the right phrase to use for these things. They are much more to do with performance, and we should try to get the word discipline out of this because it implies that the teacher has done something wrong rather than that the teacher is just in the wrong place. If it is a matter of a teacher having done something wrong, of course it is discipline, but this is about a performance review, and the consequences of a performance review.

It is crucial for children that they have good teachers. There are always inevitably going to be teachers in the system who are not up to scratch. The first response of the system ought to be to try to support them, to try to find ways of improving their performance, for their colleagues to help them, for them to go on courses if necessary and whatever needs to be done to encourage them back to a position where they are doing as well as their pupils deserve them to be doing. However, at present, certainly to judge from conversations with head teachers, they find the whole process of dealing with teachers who are not up to scratch so difficult and slow that many of them just give up and put up with substandard teaching. I do not think that that is a satisfactory position.

I do not know whether the e-mail sent to me was more widely circulated around the Committee. I think it perhaps should have been. I think that applies generally to messages going round in response to amendments. As I am sure my noble friend has seen, the interest in each question is pretty general around here, even if it has been proposed by just one or two of us. However, it seems to me that the Government are having a go at tackling this and are proposing quite interestingly simplified guidance that ought to enable this process to improve from both a teacher’s point of view and from the point of view of pupils and schools.

May I ask a few detailed questions? Is it possible under the new scheme for pupils to be involved in these proceedings? Pupils’ views on how good teachers are are often quite accurate. Is it envisaged that there will be some way of feeding that back into the system? I see that support is given to teachers throughout the process, which I thoroughly approve of. Is it proposed that once the point has been reached where it has been decided that a teacher should leave a school, there should be support for the teacher in making their next move, in whatever direction that is? It does not seem to me unreasonable that a teacher, having been supported all the way through the process, should not just be pushed off the edge at the end of it.

I note that a teacher who appeals successfully can be reinstated. That seems to me a good principle to apply to pupils too. I very much hope that, having set this new system in place, the Government will take an interest in how it is going and in a year or two will look to see how it needs adjusting and improving. I beg to move.

[Lord Storey]

My Lords, I have not seen the guidance, letter or e-mail, but I am grateful that this measure has been tabled because it concentrates our minds on a number of issues. A pupil, child or student cannot repeat a year, so if they have a teacher who is not up to the mark they have lost that year and that opportunity. Over several days of our discussion a constant theme has emerged that the most important thing in education is not the amount of equipment available or the quality of the buildings but rather the quality of the teachers and support staff. If you have quality teachers, you will have education at its best.

I do not have the relevant figures readily available but only a handful of teachers have been asked to leave over the past few years because of their inadequacies as teachers. I ask myself why that is the case. Then I reflect on how difficult it is to ask a teacher who is not performing well and is not good enough to leave the school. We have had debates about the quality of training and of the first year’s experience in school being the best that we can possibly provide. We have talked about the quality of support in school and in-service or CPD provision in schools. We have a performance management system in schools whereby every teacher is set performance targets every year. Those targets are monitored and evaluated and lessons are watched. If a teacher fails their performance management, it is a bureaucratic nightmare to try to do something about it. Frankly, does even the most experienced head teacher really want to go through that bureaucratic process which may involve teacher associations and will certainly involve a plethora of appeals and systems? They do not. The teacher concerned knows that he or she is not up to the job. Perhaps there could be a simplified system which would give them the support they need. I have seen teachers who, perhaps because of personal circumstances, have been struggling, have been given support and have come back up for the job again. I look forward to seeing a simplified way of dealing with this important issue.

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[Baroness Garden of Frognal]

Yes, I understand that they certainly would.

[Lord Lucas]

I am grateful to my noble friend. I agree entirely with the noble Baroness, Lady Howells. This does not belong in legislation but this is the way in which we get a chance to talk about it. Secondary legislation and guidance can all flow past us without having a chance to stick a pin in it. I am delighted that my noble friend is thinking along the same lines as me. This is one of the difficulties in making schools good, which ought to be cleared out of the way. I am very cheered that something is being done about it. I beg leave to withdraw the amendment.

Amendment 82 withdrawn.