Education Bill

Debate between Lord Lucas and Baroness Howells of St Davids

Thursday 30th June 2011 Grand Committee

[Lord Lucas]

My Lords, when I think of my own childhood, members of the opposite sex were not the ones who caused the problems. Certainly these days when the staff of many schools are entirely female, you have to allow women to search men, and therefore men to search women, if those are the circumstances in which people find themselves. It must always be advisable to have a same-sex search, and it must almost always be advisable to have a witness, but imagine a situation in which a teacher is alone with a group of pupils and believes that one of the pupils has on them something that they could easily dispose of if they had the chance, whether it was drugs or a weapon. If they were out in the country, something could be dropped easily before they came back.

Searching consists of having the power to search, not actually saying, “Palmer, turn out your pockets”. The pupil would know that the member of staff had the power to search if they did not comply, and would therefore do as requested. This is a necessary part of the structure, but I am sure that no head teacher is going to advise any of their teachers to search when they do not have a witness, except in circumstances when nothing else is possible. I think that we can trust teachers and head teachers to use the clauses as they are in the Bill wisely.

[Baroness Howells of St Davids]

My Lords, having spent practically my entire life in this country fighting against stop and search, and marching on the streets about it, I can tell you the effect that being stopped and searched has on any human being. Why try to impose this on a child? Teachers have adequate powers with which to take the child away or do all sorts of things, but one should not take away the dignity of the child. In any number of cases when the police could not find anything, they made something up and criminalised the child. Some policemen have been known to say, “I am not changing my mind”. At that time, people in uniform were respected and believed. We had to confront those cases. I urge noble Lords to think very carefully about providing that power in the classroom. Children are there to be nurtured, loved and taught what is right and wrong.

It is a difficult situation because we have taken away from parents powers to discipline their children. I was told that I was a Victorian when I said, “My child does not do this or will not be allowed to do the other”. That was the attitude of most Caribbean parents. Children were children. We are turning them into fodder for the criminal courts. I ask the Minister to look very hard at this measure and take it away if he can. I have seen no empirical data that suggests that searching a child in the classroom will in some way prevent damage to other children—although it may prevent criminal damage to the building. I ask you to think about the child.

--- Later in debate ---

[Baroness Howells of St Davids]

I hope that noble Lords will forgive me as I, too, forgot something. I forgot to say that the Minister sent me a three-page letter the last time I spoke in the debate. I thank him very much for that and I am sharing it with my colleagues.

[Lord Lucas]

My Lords, perhaps I may ask my noble friend a couple of questions. First, I should be very interested in being included if he is telling people about the trials. The important thing is that they focus on the distillation—on the kids at the end who do not respond at the beginning to whatever is done. They are the ones who are abandoned at the end of the system. They are allotted four hours’ tuition at home but that does not happen and people forget about them. I very much hope that, as is the case with prisons, organisations are given money on the basis of the results that they achieve. We may try that at the back end of some of the trials so that innovative ideas are encouraged in rescuing these children who have proved difficult to educate.

Secondly, am I right in understanding that, when a school is concerned that a pupil may have special educational needs which may be causing problems, it has the absolute right to require and obtain the assessment when it is needed, rather than, as in the current system, waiting for the LEA to decide that it is prepared to do it?