Schools Bill [HL]

Debate between Lord Lucas and Lord Bishop of Carlisle

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

[Lord Lucas (Con)]

My Lords, I have several amendments in this group. If I were to say one thing to my noble friend the Minister, it is that I really hope the department will use the time it has while dealing with Part 1 to advance its thinking on the guidance and other aspects of the Bill so that, by the time it gets considered by the Commons, its thinking is rather more detailed and matured than what we have had the chance to look at. That would be a real help.

My noble friend Lord Wei raised some issues of true Conservative principle, which I hope home educators will find the opportunity to discuss with the candidates during August. Home education is a matter of freedom. Although the noble Lord, Lord Soley, and my noble friend both say that the Bill is supportive of home education, in many details it is not.

As my noble friend Lord Wei said, many letters are reaching us describing situations in which local authorities have been, frankly, abusive to home educators without any obvious good reason. I have pursued some of these matters with local authorities. I will not name the one I have talked to, but it is clear that they allow the difficulty that they have with some families to spill over into the way that they deal with those who are, on the face of it, doing a pretty good job—for instance, harassing a child who had a stroke aged six and saying that the child, rather than being cared for specially within their family, must be cast into school, not accepting independent reports about this child and saying that they must have more, different evidence. That is not in any way conducting their relationships in a supportive way. There have been cases where they have made really unpleasant remarks about home educators privately, and then, by mistake, copied others into emails. This shows that among a good number of local authorities there is a very unsatisfactory attitude to home education.

I am very keen that the Bill contain safeguards which put home educators, particularly good ones, in a position where they can reasonably hope to argue their case. We will come to some more details of that later. My noble friend Lord Wei espouses some true Conservative values of freedom and family which the Bill does not recognise sufficiently. One could also argue for efficiency, in that the best local authorities seem to do a very good job and, with the same money, go beyond what is achieved elsewhere by building up a pattern of trust which enables them not to spend time harassing people who are doing a good job.

The Bill as it is at the moment is not efficient, nor does it pay sufficient attention to all those occasions when the state is failing children. We have an amendment later, which I applaud, which says that children who have been excluded should not be placed in unregistered institutions. Oh, my golly—that is the state doing that. Why are we fussed about what good private educators are doing when there are things like that being done by the state?

There is a flavour in some of the remarks I have read from local authorities of a difficulty with difference which we should surely not allow. Local authorities have to deal with a lot of very different people, including Gypsies and others who choose to live a lifestyle which is not at all in accordance with the normal. Fear or dislike of difference should not be something one finds in a local authority. I entirely understand where the noble Lord, Lord Wei, is coming from, but my wish in the Bill is to find ways of improving it in its detail rather than attacking the principle of the register.

Amendment 65 looks at the

“means by which the child is being educated”.

That is widely seen—I think correctly—as permitting the Government to inquire deeply into the exact way in which a child is being educated. That is one of the ways the worst local authorities have adopted to oppress home educators. They ask for more and more detail. They ask for things that home educators are not doing, like having a timetable. There is a whole structure of education which is necessary in school but does not apply to home education. Home education can be centred on the child and be very different. The question is: is it effective and sufficient? Is it doing what it should do to bring out the qualities of the child? The structure of what is being provided should not be open to question and attack if the outcome is sufficient.

Amendments 65 and 66A suggest alternative ways of dealing with that, and in Amendment 66 we will come to another, when the right reverend Prelate speaks to it. With Amendment 66A, we are looking at a limit to who is providing the education. The Government want to know what outside people are providing the education that a child is receiving. That seems to me to be a reasonable bit of information to ask for, and is well short of the worrying implications of the wording as it is.

In Amendment 85, I come back to a subject I raised in Committee. One of the justifications for the register is so that we know what is happening to children. I find that quite persuasive, but if we are going to do that, we ought to know what is happening to all children in this country; we should not leave bits unexamined. At the moment, your standard independent school does not return data to the Department for Education on the children in its charge. I do not think it takes legislation to change that; it just takes the Government to decide that they want that, and to ask for it—they have the power. But if the justification for a register on home educators is that the Government ought to know what is happening to children, that same thought ought to apply to independent education too.

[The Lord Bishop of Carlisle]

My Lords, I speak on behalf of my right reverend friend the Bishop of St. Albans, who has two amendments in his name, Amendments 66 and 94. His name is also listed on Amendments 65 and 66A, in the name of the noble Lord, Lord Lucas.

Amendments 65, 66 and 66A continue to take issue with the proposals for details of the means by which a child is being educated to be included on the register. Amendment 66 would replace this with a determination of suitability, and provide for visits by the local authority for determining that suitability to be recorded. However, further to communication with the Department for Education and the Minister, we understand that their interpretation of the word “means” does not relate to the educational content or methods of home educating but simply to the providers of the education, since separate rules for registration will pertain to out-of-school education. We have been informed that this framework will be set out in the future statutory guidance. This is a much more positive interpretation than had previously been supposed, but if this is the interpretation I am not sure why it could not have been contained within the primary legislation rather than prescribed at a later date. Amendment 66A, from the noble Lord, Lord Lucas, would naturally resolve that problem.

We are most grateful for the Minister’s communications with the Bishops’ Bench to clarify this matter. However, the terminology remains unhelpfully ambiguous. I hope that the Minister can alleviate the concerns of home-schoolers and state on the record that this simply means inquiring into who is providing the education and not the substance of the education or the methods of teaching.

I turn now to Amendment 94, which would insert a new clause after Clause 50 and seeks to provide protection for the institution of home schooling against any undue or unfair interference. The proposed new clause would ensure that any contact between the local authorities and home-schoolers respects protected characteristics, as well as Article 2 of Protocol No. 1 to the European Convention on Human Rights, as in the Human Rights Act, in making sure that

“the State shall respect the right of parents to ensure such education and teaching in conformity with their own religious and philosophical convictions.”

The point is that the way in which this Bill is framed could be seen to cast a cloud of suspicion on all home educators. The noble Lords, Lord Lucas and Lord Wei, have already raised that point. Some parents are also worried that this register is the thin end of an invasive wedge that could lead to undue state prescription with regard to home schooling.