Music Education for Children with Physical Disabilities

Lord Nash Excerpts

Wednesday 30th July 2014 Grand Committee

[The Parliamentary Under-Secretary of State for Schools (Lord Nash) (Con)]

I thank all noble Lords for participating in this debate and in particular I thank the noble Lord, Lord Lipsey, for securing it. When this debate first came on the agenda, I was concerned, not so much because of its timing, but because I do not know a great deal about the subject matter. However, I have greatly enjoyed reading myself into this debate and listening to the eloquent speeches, which I found extremely interesting. I have been frankly humbled to learn about how much is going on in this area and how powerful music education can be, particularly for children with physical disabilities.

The Government have the same ambition for children with disabilities as they have for all children. We want pupils to achieve well at school, lead happy and fulfilled lives and have choice and control. I have no doubt that music is a key way of achieving this, particularly for pupils with disabilities and SEN. Several noble Lords attested to that today. I remember vividly that when I was doing research into the academies programme I visited a KIPP charter school in a particularly deprived area of New York City where every child is in an orchestra which travels across the United States to perform. It is renowned for its success.

Music has been confirmed as a statutory subject for children between the ages of five and 14 in the new national curriculum, which comes into force in all maintained schools from September. The revised programmes of study for music have an increased focus on the need for activities to be undertaken musically, with reference to all children learning to play a musical instrument. The new, slimmed-down curriculum provides greater freedoms for teachers to use their creativity and professional judgment in how they teach to meet the needs of the pupils in their class. At key stage 4, the arts are one of four entitlement areas within the national curriculum. Maintained schools must provide all pupils with access to at least one course in the arts entitlement area, which includes music, art and design, dance, drama and media arts.

The Equality Act places a duty on all schools to support disabled children and young people. It includes making reasonable adjustments to prevent them suffering discrimination and supplying additional aids and services. Schools must have also accessibility plans which set out how they will improve access to the curriculum, improve the school’s buildings and environment to enable disabled pupils to take better advantage of the school and improve the availability of accessible information. This includes academies and free schools. Additionally, to make sure that all teachers know how to adapt teaching to respond to their pupils’ needs, part 5 of the teachers’ standards requires teachers to,

“have a secure understanding of how a range of factors can inhibit pupils’ ability to learn, and how best to overcome these”.

To support and encourage all children to experience excellent music education, the Government have set up 123 new music education hubs. Since August 2012, these hubs have been working to drive up the quality and consistency of music education across the country, with an emphasis on forging new partnerships. Hubs are required to develop four core roles, which include ensuring that every child aged five to 18 has the opportunity to learn a musical instrument through whole-class ensemble teaching and providing opportunities for them to play in ensembles and perform from an early stage. They are also expected to ensure that clear progression routes are available and affordable to all young people, and to develop a singing strategy so that every pupil can sing regularly in a choir or other vocal ensembles in their area. In addition, hubs may provide other services, such as professional development for teachers.

In answer to the question asked by the noble Lord, Lord Aberdare, about participation, I am pleased to say that 5% of pupils who participated in instrumental ensembles or choirs in 2012-13 had a statement of special educational needs, compared to 2.8% nationally.

There are some excellent examples of hubs working with children who have disabilities. Telford music education hub offers a bespoke version of its whole-class ensemble tuition programme for special schools. Camden hub integrates pupils from local special schools into the Camden music festival and Surrey music hub, with partner Rhythmix, has run a sound and motion lab looking at how digital technologies can aid music-making for children with movement impairment at the Orpheus residential centre for children with disabilities. In Telford, the hub’s Kreative Kidz programme offers specialist out-of-school arts and music sessions for young people with severe physical needs, under the short breaks duty introduced to local authorities in April 2011. The Staffordshire and Stoke-on-Trent hub’s strategic partner, Make Some Noise, runs training and mentoring programmes for musicians and teachers wishing to improve their skill set and confidence in delivering music activities for children with SEN and disabilities, through the use of assisted music technology specialists and equipment. Bradford music education hub offered training events for teachers of children with SEN and disabilities between November and March last year, covering topics such as song-writing, composition and developing choirs.

As my noble friend Lord German mentioned, schools are also demonstrating innovative practice in this area. At Great Oaks, a special needs school in Southampton, all students learn to use mobile devices to make music. In October 2013, the school held a mobile device concert for students to perform arrangements of popular music songs independently in iPad bands. Bradford music has also established a singing choir at Hanson secondary school, drawing on specialist expertise and advice from Music and the Deaf, a unique charity based in Huddersfield that helps people suffering hearing loss to enjoy music. In Ealing, a partnership on music and autism with the Orchestra of St John’s led to securing funding to develop a series of workshops and performances, led by members of the orchestra, in all the borough’s specials schools.

In response to the comments of the noble Lord, Lord Lipsey, I am delighted to say that the Government appreciate the benefits of the music and this type of work. I am very happy to make that statement. The Department for Education will look to publicise work of this type, whether it is led by music hubs, charities or schools, to help to give due recognition to these extremely worthwhile projects, and it will encourage other organisations to emulate this good practice in their work.

I am grateful for the comments from the noble Lord, Lord Lipsey, the noble Baroness, Lady Jones, and my noble friends Lord Jenkin and Lord German about the announcement on 22 July that our music budget will increase by £18 million in 2015-16, with most of this money going to the hubs. This will bring the total that this Government are spending on music education for the period between 2012 and 2016 to more than £390 million.

Other programmes include In Harmony, which we sponsor alongside Arts Council England and others. In Harmony is transforming the lives of children through community-based orchestras for music-making in six areas of exceptional deprivation. Again, we are aware of excellent inclusion practices. For example, in a participating Nottingham school, a child with muscular dystrophy has had a half-size guitar adapted so that it can be tuned to the correct pitch, enabling her to carry out pizzicato alongside her classmates. In Newcastle, In Harmony has helped a child with a very severe speech disability to excel on bassoon. He has performed solo at Newcastle’s Literary & Philosophical Society and is now attending the Sage Gateshead centre for advanced training.

Our funding for Music for Youth is also enabling children with disabilities to attend and perform at regional and national festivals at world-class venues. Sixteen children and young people with additional needs from Beacon Hill Academy in Essex, a specialist college for sensory and physical needs, performed in a mass ensemble showcase performance at the Royal Albert Hall for the Schools Prom in 2013. This was part of an exclusive music project in Essex, delivered by Music for Youth in partnership with three music education hubs.

I thank the noble Lord, Lord Lipsey, for drawing our attention to the achievements of one-handed musicians and the extraordinary and pioneering work of the One-Handed Musical Instrument Trust. The Government have been clear that all pupils, whatever their individual needs, should benefit from an education in music, and through our work with the Arts Council and others we will continue to make sure that providing opportunities with SEN disabilities is essential to the work.

I enjoyed the comments of my noble friend Lord Jenkin about Douglas Fox and his wonderful work. I also thank him for highlighting the commendable work of Jessie’s Fund in helping seriously ill and disabled children through the therapeutic use of music. Through its Soundtracks programme it is running creative workshops in more than 80 schools for children with special needs. It is doing excellent work in supporting children to take part in the musical process.

I am grateful to my noble friend Lord German for his comments about the benefits of music as therapy and its ability to break down barriers. This is evident in the work of programmes funded by the department. In Cambridgeshire, there is an established music therapy programme providing clinical interventions, while Telford and Wrekin’s In Harmony programme has a specialist nurture group.

I noted comments about establishing an international paramusic competition, and I will discuss it with DCMS, as it seems like a very good idea. Technology is also crucial. I have already pointed to the innovative work with mobile devices at Great Oaks School in Southampton.

The noble Lord, Lord Aberdare, and the noble Baroness, Lady Jones, emphasised the importance of making sure that the money we have provided is well spent and reaches students with disabilities and SEN. We have been working with the Arts Council to support and challenge hubs. We have introduced a new requirement for hubs to develop school music education plans. They must clearly demonstrate how they are connecting with all the schools in their area and how they are planning to provide targeted support to schools where necessary. We have also set up a new hubs advisory group, which is providing strategic advice to the DfE on the effectiveness of hub networks. Members are drawn from organisations with an interest in the performance of hubs, including representatives from schools, music hubs, Ofsted and other music stakeholders. There is an SEN teacher on the hubs advisory group.

The Arts Council also analyses the data from hubs to ensure that children and young people with SEN and disabilities are engaged. Several hubs are currently undertaking specific research and activity with children and young people with SEN, and we will share this across the network as appropriate. The Arts Council runs a flagship Artsmark programme to enable schools and other organisations to evaluate, strengthen and celebrate their arts and cultural provision. Artsmark is nationally recognised as demonstrating excellence in arts and cultural provision, and any school, college or young justice organisation can apply. It is open to SEN schools. A specialist leaders in cultural education course has been developed by one of ACE’s bridge organisations and this is open to special schools.

The noble Lord, Lord Aberdare, asked about the national plan for music education’s monitoring board and whether this will continue. It continues to meet termly as the cultural education board, chaired by Ministers from DfE and DCMS, and Darren Henley. I will ask my officials to investigate the use of technology in music GCSEs and will write to the noble Lord on that issue.

I am very grateful to my noble friend Lady Nicholson who spoke so powerfully about the power of music for deaf children. She highlighted the excellent Mary Hare School for the deaf. I was very impressed to hear about the school and its arrangements in Romania. Schools with real expertise can make significant contributions by sharing their knowledge internationally. I would be very pleased to discuss this with my noble friend. I should be grateful if she could keep me informed and would be delighted to meet representatives from Romania when they are here.

The noble Baroness, Lady Jones, made the point that top-performing schools in music are often independent schools. Sadly, that is true. As we all know, the top-performing schools in this country absolutely, and in many areas, are disproportionately represented in the independent sector, which is why this Government are so determined to increase the performance of the state education sector.

I believe that the policies and programmes that I have described demonstrate our desire to ensure that no child is excluded from receiving a high-quality music education due to a physical or other physical disability. I am sure that noble Lords will agree that the impact of our programmes on disabled young people is evident from the examples that I have given throughout the country.

[The Deputy Chairman of Committees (Baroness McIntosh of Hudnall) (Lab)]

My Lords, that concludes business in Grand Committee this afternoon. The Committee stands adjourned and I take this opportunity to wish all noble Lords and others a very pleasant recess.

Children and Young Persons Act 2008 (Relevant Care Functions) (England) Regulations 2014

Lord Nash Excerpts

Tuesday 29th July 2014 Lords Chamber

Moved by

[Lord Nash]

That the draft Regulations and the draft Code of Practice laid before the House on 24 June and 11 June be approved.

Relevant documents: 5th Report from the Joint Committee on Statutory Instruments, 6th Report from the Joint Committee on Statutory Instruments (special attention drawn to the instrument), 3rd Report from the Secondary Legislation Scrutiny Committee, 5th Report from the Secondary Legislation Scrutiny Committee. Considered in Grand Committee on 28 July.

Motions agreed.

Schools: Local Oversight

Lord Nash Excerpts

Monday 28th July 2014 Lords Chamber

[Baroness Jones of Whitchurch]

To ask Her Majesty’s Government what plans they have to increase local oversight of schools.

[The Parliamentary Under-Secretary of State for Schools (Lord Nash) (Con)]

My Lords, arrangements for the management of academies and free schools will be enhanced by the collective expertise and wisdom of eight regional schools commissioners supported by their head teacher boards. Two RSCs are already in situ, and the other six start in September. We have also strengthened the guidance for local authorities on intervening in maintained schools, and inspections are undertaken using a risk-based approach, with more frequent inspections for those schools not performing well.

[Baroness Jones of Whitchurch (Lab)]

I thank the Minister for that reply. Last week, when dealing with the Trojan horse Statement, he conceded that the department has to take its fair share of the blame for the failings that occurred in Birmingham. However, does he realise that, at the heart of the situation, people have lost confidence in the Secretary of State’s ability to manage thousands of schools from the centre? Does he not see that the proposed regional commissioners for academies who he has just mentioned just add a further level of confusion, as they will not apply to all state schools? Surely what is needed here is a strong system of local oversight for all schools, such as our proposed directors of school standards, that would give parents, teachers and governors real confidence that their voices will be heard and that poor standards will be addressed.

[Lord Nash]

I do not recognise the picture that the noble Baroness paints. We believe that this system is efficient; in devising it we were advised by people who have set up national and international organisations. We find that the position of the party opposite is confusing. On the one hand its leader tells us that nobody wishes to revert to the local authority system, while on the other its policy adviser, Mr Blunkett, says that he wants to have between 80 and 150 directors of school standards, all supported by their own bureaucracies, and many of whom will be recycled local authority people. We do not think that that is the way forward. There is no role for RSCs on maintained schools; that is a role for local authorities, and, as I say, we have clarified their role.

[Baroness Williams of Crosby (LD)]

My Lords, my noble friend will recognise, I think, that a substantial number of academies very much regret the lack of clear local accountability. Can he therefore tell us whether the new Secretary of State will consider a method under which local accountability can be more clearly established so that problems such as those arising from the Trojan horse story in Birmingham will be obviated at local level and not have to turn into a national horror of one kind or another?

--- Later in debate ---

[Lord Nash]

Our solution to ensuring better local accountability is to have a system of regional schools commissioners which is run by head teachers. Personally, I trust head teachers to be better wired into their local systems than bureaucracies and bureaucrats are, any time. We are also increasingly seeing the emergence of regional multi-academy trusts, which are proving particularly effective.

[Baroness Bakewell (Lab)]

My Lords, after the Trojan horse allegations, it has been reported that teachers who spoke out at the time are now suffering harassment and the threat of losing their jobs. What do the Government propose as a way of protecting whistleblowers locally so that they are given enough courage to come forward and speak out?

[Lord Nash]

The noble Baroness raises a very good point. We are doing all that we can to ensure that that does not happen. Indeed, there are some teachers we are particularly concerned about who had themselves been causing harassment and who have now been suspended from their jobs. We are talking to Ofsted about expanding its whistleblowing arrangements to cover exactly this kind of situation.

[Baroness Howe of Idlicote (CB)]

My Lords, will the Government ensure that mandatory training is introduced to reduce the risks associated with school governance? I declare an interest as president of the National Governors’ Association.

[Lord Nash]

We have not yet gone as far as mandatory training. We have a high expectation that all governors will be trained where necessary and that they should be chosen for their skills. We brought in this big focus on skills rather than representation: governors may come from all walks of life, but they must have the expectation that they will be trained. We have also brought in tightening regulations so that where governing bodies feel that one of their governors needs training and they refuse to take that training, they can be suspended.

[Baroness Perry of Southwark (Con)]

Can my noble friend confirm for me and for the House that the overwhelming success of the vast majority of free schools and academies is the best evidence that allowing autonomy and freedom to schools and heads is the best way of raising standards?

[Lord Nash]

I am grateful to my noble friend for her comments. The overwhelming success of the programme is unarguable. Some 24% of free schools are rated outstanding, which makes them by far our highest performing group of schools; converter academies are far more likely to retain or increase their Ofsted rating at the next inspection; and sponsored academies are increasing their performance at a rate approximately twice that of other schools.

[Baroness Sharp of Guildford (LD)]

Can the Minister please tell the House what are the responsibilities of the members of the local governing board when the academy chain has trustees who appoint the head?

--- Later in debate ---

[Lord Nash]

These are arrangements which are sorted out under a scheme of delegation between the trustees and the local governing board. They can delegate quite a few of the responsibilities, or limit them, but all academy trusts have to make this very clear in their schemes.

[Lord Grocott (Lab)]

Whatever the arguments—and they are substantial—between the two sides of the House on the merits of the Government’s policy of allowing so great a range of different administrations for secondary schools, what is unarguable, as I am sure the Minister will agree, is that the Government’s programme has resulted in a huge increase in the Secretary of State’s personal responsibility—whoever he or she might be—for the ultimate management of so many secondary schools. Given that no individual could possibly do this on their own, can he tell us what structures are in place within the Department for Education, how many people are employed within those structures, and how much it costs? We might then get some sort of measure of how this awesome responsibility is being undertaken and who on earth is undertaking it.

[Lord Nash]

The Secretary of State, to put it simply, has always been responsible for schools in this country. I cannot put it better than this:

“If a school is not delivering sound education for its pupils, and a different way of running the school would yield a different and better result, it is our duty to institute the change”.

I could not have put it as well—and not surprisingly, as that was a former Prime Minister, Tony Blair, speaking last week. We believe that the regional schools commissioners are the right structure. As for cost, this Government inherited a department from the previous Government that had no concept of value for money. We have halved the cost of running it in real terms. I will write to the noble Lord if he would like the figures. However, the actual cost of running the regional schools commissioners will be something like £5 million, compared with the huge expense of the bureaucratic system that the party opposite proposed to put in place.

[Baroness Sharples (Con)]

Can my noble friend say how many of these schools have children arriving at them for whom English is their second language?

[Lord Nash]

The proportion of pupils in schools with English as a second language has risen substantially. I will write to the noble Baroness with details on the different types of schools.

[The Earl of Listowel (CB)]

My Lords, the Minister has pointed to the importance of head teachers in his answers. Can he say whether we have a sufficient number of head teachers in secondary and primary schools now?

[Lord Nash]

It has always been the case in the recent past that we have appeared to have a shortage of head teachers. We are increasingly seeing younger heads coming forward and academy chains growing their own senior leadership teams. Teaching schools are now, of course, also playing an increasing part.

[Baroness Oppenheim-Barnes (Con)]

Does my noble friend agree that the previous Secretary of State for Education has been a hero in this field in introducing and carrying out policies that have greatly enhanced educational opportunities for children throughout the country?

[Lord Nash]

I entirely agree with the noble Baroness’s comments. He is the first Secretary of State for many years, I think, to stop the decline in school standards. His changes, which are dramatic, will take years to have effect, but we are already seeing quite significant early signs of the positive nature of their effect.

Children and Young Persons Act 2008 (Relevant Care Functions) (England) Regulations 2014

Lord Nash Excerpts

Monday 28th July 2014 Grand Committee

Moved by

[Lord Nash]

That the Grand Committee do consider the Children and Young Persons Act 2008 (Relevant Care Functions) (England) Regulations 2014.

Relevant documents: 5th Report from the Joint Committee on Statutory Instruments, 5th Report from the Secondary Legislation Scrutiny Committee

[The Parliamentary Under-Secretary of State for Schools (Lord Nash) (Con)]

My Lords, these regulations are permissive in intent. They would enable local authorities in England to delegate to third-party providers a range of social care functions, so far as those functions relate to children. This would modify the current position set out in Section 1(2) of the CYPA 2008, which already allows local authorities to delegate functions relating to looked-after children and care leavers. These regulations would enable local authorities to decide to delegate other functions, including those relating to early intervention and child protection to providers operating on a not-for-profit basis.

At present, there are few options open to local authorities that wish to consider alternative ways of managing their social care functions. Apart from the limited powers of delegation already in existence relating to looked-after children, the only circumstances in which alternative delivery plans are currently possible are those where an authority is failing and subject to intervention by the Secretary of State under Section 50 of the Children Act 2004. It cannot be logical that only where a local authority fails are such flexibilities available.

I should also make it clear that several local authorities are now waiting eagerly for the passing of these regulations; they are gearing up to innovate and are anxious to make progress with their plans. These forward-looking local authorities are ambitious to improve their services and their ways of working, and these regulations would enable them to fulfil these aspirations. I anticipate that, over time, others will begin to consider how the new freedoms might support their own improvement strategy. As noble Lords will recognise, in too many local authorities improvement is all too urgently needed. The Government are having to intervene in one in seven authorities.

During the consultation on the draft regulations, it was asserted that only the public sector should carry out functions such as child protection. I simply do not believe that this is the case—not with the potential of the voluntary and charitable sector, and the proven success of public service mutuals or the number of public sector failures so clearly before us. I am by no means saying, “Public sector bad, private sector good”. What I am saying is that there should be a willingness and an openness to look at different approaches and options. That is the possibility opened up by these regulations.

Noble Lords will be aware that the consultation elicited widespread and ardent comment. That is entirely appropriate for such an important measure. The number of responses was very high, at 1,315, and there were several petitions and an e-campaign, which resulted in some 58,000 e-mails. By far the most responses to the consultation related to the question of privatisation and profit-making, which was the sole focus of the petitions and the e-campaign. The Government have responded both swiftly and decisively to these concerns by making a significant modification to their original proposals and amending the draft regulations to rule out the possibility of profit-making. This change has been widely welcomed.

It was not the Government’s original plan to include such a restriction, nor was it our intention to see widespread delegation of children’s social care to profit-making companies. The local authorities that are currently exploring their plans in detail are not looking to set up facilities that entail profit-making, so this amendment will not hamper their plans. Of course, this policy never concerned privatisation. This is a permissive agenda, not a centralising regime.

Noble Lords will know that the Secondary Legislation Scrutiny Committee has drawn these regulations to the special attention of the House and raised particular concerns about the consultation arrangements. First, the SLSC said that the consultation proposals were not clear. The volume and sharp focus of the responses show that they were. One might argue that the responses to the consultation were overwhelmingly about an issue that was not the focus of the Government’s plan. Nevertheless, under the original proposals profit-making would have been possible, so those commenting were making an entirely valid point. We have listened to those responses and made changes accordingly.

Secondly, the timescale for responses was deemed to be too short. It may be that a longer consultation would have been preferable, yet in the light of the number of responses and the degree of public scrutiny that the proposals received, my view is that the timescale for responses did not hamper proper scrutiny. Our desire to open up opportunities as soon as possible to local authorities that are seeking them drove the timescale and, on balance, I think that we have been able to bring forward valuable proposals in good time, while allowing significant and influential representations to be made.

On a much less prominent question than that of profit, some during and since the consultation have questioned the evidence base for this change. It is of course true that the direct evidence base for something that has to date not been possible is limited. Noble Lords may be aware that under the Children and Young Persons Act 2008 the previous Government enabled a small number of pilot social work practices to be set up. These were small, practitioner-led practices taking responsibility for specific cohorts of children on behalf of the local authority. The evaluation of the first few social work practices identified evidence of positive change for looked-after children and care leavers. It is true that the evaluation found variation across the pilot sites, but it none the less showed that the practices operated at least as well as, if not better than, the control authorities.

In addition, the Government’s wider mutuals programme has seen the benefits to services, both to the staff working in those services—through reduced absenteeism and staff turnover—and in savings and efficiencies linked to significant improvements of user outcomes. There are now 100 public service mutuals already delivering more than £1.5 billion-worth of public services in sectors such as health and youth services. Local authorities will be able to apply to the Children’s Social Care Innovation Programme for support to make use of the new freedoms that the regulations would allow, and the impact of activities funded through the programme will be robustly evaluated.

These regulations will enable a positive change in the delivery of children’s social care services. They will establish a framework in which local authorities can make their own innovative decisions on how best to manage their children’s social care functions. The experienced and well respected charity, Action for Children, said:

“The freedom to outsource children’s services will allow local authorities to innovate and improve support provided to families”.

That is exactly what we are aiming to achieve and I commend the regulations to the House.

[Lord True (Con)]

My Lords, I declare an interest as leader of Richmond Council which, along with the Royal Borough of Kingston, has been one of the authorities using the freedoms extended by the previous Government under the 2008 Act. We have established jointly a community interest company, a social enterprise, called Achieving for Children, to deliver these services across the two authorities. When I say “we”, I am referring to a Conservative and a Liberal Democrat authority working together and seeing the opportunity—as we saw it—to improve services. Therefore, I greatly welcome the Minister’s announcement that this is to be extended. It will certainly be welcomed by the professionals in our authorities working on behalf of young people.

It is right that the Minister put beyond doubt the fears raised about privatisation. For my own part, I do not think that the private sector or private carers are incapable of providing professional, high-quality care, but given the response to the consultation, I think my noble friend has acted wisely, as always, in that regard. I hope that that having been done, everybody from all sides will be prepared to put wind behind this and to give support to the professionals involved. This is not about privatisation; certainly it was never about privatisation in the case of my authority or Liberal Democrat Kingston. It is certainly not about moving away from a public service ethos. That is fundamental and held dear by all those who work in the community interest company. Nor is it about a move away from democratic accountability. The local authorities remain statutorily responsible. Our outstanding director of children’s services, Mr Nick Whitfield, who is the chief executive of Achieving for Children, remains statutorily responsible. As I see it, it is freeing up professionals to think differently and to innovate without the constraints that local authority procedures can sometimes cause. It provides freedoms to allow them to maximise the value of the contributions they make, to create new partnerships and fundamentally it puts the professionals who know better than anybody in the driving seat of how to achieve the best outcome for those involved. Local authorities remain ultimately accountable—indeed, the next business contains a whole range of requirements that remain on local authorities.

The regulations will allow the completion of movement of staff into the community interest company. That is an important signal and it is very practical that all staff can be managed in one way and are not having to be transferred under TUPE back from one activity to another when the range of activities ought to be part of supporting young people and part of a seamless whole. I hope that if it agrees to these regulations the Committee will put it beyond doubt that this approach is sanctioned as an appropriate way to provide children’s care.

The launch of Achieving for Children was attended by people from all political parties. I think everyone there was inspired by the professional vision and dedication of those involved and indeed by the speeches made by the young people who saw hope in what was being brought to them and hope in this future. Let us not be afraid to be creative. Let us not be afraid to experiment in improving care while retaining the basic public service needs and statutory responsibilities that continue. I hope that we will support the regulations and I thank my noble friend for bringing them forward.

--- Later in debate ---

Those are my concerns. This is not about the principle but about making sure that we have just as robust an inspection and accountability regime for the outsourcing model as we have at the moment in relation to direct provision by local authorities.

[Lord Nash]

I am grateful for noble Lords’ contributions and to my noble friend Lord True for his points, which, given his experience, carry particular weight. I very much welcome the innovation behind Achieving for Children, whose launch I was privileged to go to. As my noble friend said, the presentations made at that launch, particularly by young people, were powerful.

The noble Earl, Lord Listowel, made a number of comments. I am grateful for his welcome for the intent behind the proposals and that he is taking some comfort from the changes made to the adoption regime by the previous Secretary of State for Education. The noble Earl made a good point about the capacity and quality of the workforce in social care. We are determined to raise the status of social work and to attract highly qualified people into it. We have a wide programme of reform of social work under way. Sir Martin Narey reported recently on improving social work training, the chief social worker is bringing strong leadership to the system and we have new training programmes in Frontline and Step Up to Social Work to attract the best to the profession.

The noble Earl mentioned the possibility of fragmentation of services. There is no intention for this to happen. Indeed, we have seen examples, such as Achieving for Children, where we may, in fact, see consolidation of services into single structures. He made a very good point on the importance of the contract. It will be for local authorities to give extremely careful thought to the structure of the contracts to make sure that they lead to quality care and that the KPIs are well thought out and not too short term. His points about engaging with young people are well made. The consultation process received comments not directly from young people but from organisations representing them, including Barnardo’s, Kids Company, Children England and many others.

I am grateful to the noble Baroness, Lady Hughes, for her support. She is of course vastly more experienced than I am on this subject, as it was part of her brief as a Minister while it is not directly part of mine. Local authorities will retain overall accountability for provision and they will be able to gain access to random sampling under the contracts they put in place with their providers. They will also have their own complaints procedures in place, which will be there for parents to go through.

Ofsted’s common inspection framework makes provision for taking a sample of looked-after children’s cases where functions have been delegated. It considers the experience of these children as it would any others in the care system when making judgments on an authority’s effectiveness. Ofsted will speak directly to children and families. It is important to be clear that where functions are delegated, the authority remains the corporate parent and is responsible for the children in its care through its management of the contract with the provider of social services. There is a single inspection framework that looks at the effectiveness of services for children in need of help and protection, looked-after children and care leavers. In addition, there are separate inspection frameworks to ensure high standards for those providing residential placements of various kinds. The same inspection arrangements apply regardless of whether functions are delegated.

Neither we nor Ofsted believe that registration adds particular value to the system. The registration process can be only relatively light-touch and may imply a more robust validation or assurance process than is intended. There is also potential duplication of effort as many of the key checks are those that would automatically be carried out by local authorities as part of their contractual arrangements with the provider. There is no relationship between registration and Ofsted inspection. Ofsted will inspect third party provision as part of its normal inspection arrangements.

I admire the noble Baroness’s suspicion about putting the not-for-profit element beyond doubt. Someone from my background of course believes passionately that the profit motive is always, in every case, a very good discipline. However, as noble Lords can see from the consultation, we have bowed to the responses on this. There is no intention to allow for any back-door profit-making in this. In the academies programme we have in place very clear regulations to ensure that anyone in any kind of governance arrangement with an academy cannot make a profit. Of course it will be possible for a large organisation to set up a not-for-profit subsidiary, but I find it hard to believe, given the risks involved in the provision of services of this kind, that it would be worth doing that on a not-for-profit basis. We will make sure that this is not any kind of back-door arrangement to make a profit on the sly.

I hope that I have dealt with all the points made by noble Lords, but if I have missed anything I will be delighted to write to them. We do not expect an immediate flood of delegated arrangements as a result of these regulations. I have indicated that a few local authorities are waiting in the wings, and we think that others will develop their thinking over time. The regulations will allow the freedom and flexibility for new arrangements to come into place over time and have the real potential to improve services for vulnerable children. That is the framework we are putting in place, underpinned by both an unchanged system of local authority accountability and a robust Ofsted inspection framework. I hope that noble Lords will support the regulations.

Motion agreed.

Special Educational Needs and Disability Code of Practice: 0 to 25 years

Lord Nash Excerpts

Monday 28th July 2014 Grand Committee

Moved by

[Lord Nash]

That the Grand Committee do consider the Special Educational Needs and Disability Code of Practice: 0 to 25 years.

Relevant documents: 6th Report from the Joint Committee on Statutory Instruments (special attention drawn to the instrument), 3rd Report from the Secondary Legislation Scrutiny Committee

[The Parliamentary Under-Secretary of State for Schools (Lord Nash) (Con)]

My Lords, the draft code of practice gives guidance on Part 3 of the Children and Families Act 2014. The code has been approved by the other place and I welcome the opportunity to introduce the debate in Committee today. First, I want to acknowledge the extensive time that many noble Lords have given to discussion of the Act and the emerging code. Together we created an excellent Act, one that will transform the way in which support is provided for children and young people and their families. The code of practice will bring added impetus to achieving that aim.

Our vision for children with special educational needs and disabilities is the same as for all children and young people—that they achieve well in their early years, at school and in college, and lead happy and fulfilled lives. The new code will play a vital role in underpinning our special educational needs and disability reforms. The reforms will bring a new approach, one that places the views of children, young people and parents at the heart of the system and joins up education, health and care services for children and young people. These important principles run right through the code. For children and young people this means that their experience will be of a less confrontational and more efficient system. Their needs will be identified early with support put in place quickly, and parents will know what services they can reasonably expect. Children and young people and their parents or carers will be fully involved in decisions about their support and what they want to achieve, with an increased focus on life outcomes, including employment and greater independence.

The Department for Education and the Department of Health have worked to ensure that local authorities and local health partners work together to plan and commission services for these children and young people. The code is the result of more than a year of extensive consultation, and we took great care to listen to those who must have regard to the code to make it truly accessible. Additionally, we offered stakeholders the opportunity to comment on revisions of the code before running a final consultation in Spring 2014. I am grateful to the Joint Committee on Statutory Instruments and the Secondary Legislation Scrutiny Committee for their consideration of the draft code. Each raised one particular, and different, issue.

The Joint Committee on Statutory Instruments reported a concern in relation to local authority decisions on personal budgets. I wrote to the noble Baroness, Lady Hughes of Stretford, on the same issue following our debate on the personal budgets regulations. I can now confirm, in response to the Joint Committee on Statutory Instruments’ report, that we will be amending the regulations to give greater clarity to the decision-making process, meeting the point raised by the Committee. The Secondary Legislation Scrutiny Committee expressed concern that the code may be too long and complex to be of use to families. I should point out that parents are not the code’s key audience. The chief audience is the range of bodies with statutory duties to fulfil and which must have regard to it. The changes that we have made to the code, including ones that have added to its length, respond to specific feedback on promoting clarity from those who need to have regard to it. The code covers most of the statutory provisions of the current system as well as significant new duties. It replaces three separate sets of guidance and contains a stronger emphasis on and links to the Equality Act 2010. It was absolutely clear that interested parties did not see shortening as a priority. Having a code that gave a clear explanation of the law and guidance that would speak to the wide range of statutory audiences was what mattered.

However, supporting parents in understanding the new system is of course key. The legislation ensures access to information, advice and support. We have provided £30 million over two years to recruit and train independent supporters, and we are co-producing with parents’ organisations a separate guide to the code specifically for parents, and separate materials for young people, both for publication as the reforms come into force.

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[Baroness Hughes of Stretford (Lab)]

My Lords, a number of the points I was going to raise have already been raised so I am going to be brief. There are just a few points I would like to rehearse. First, I welcome the code of practice. It is long and complex but I have great sympathy with the people who have tried to put it together. Its language is certainly a big improvement. It is written in plain language, even if some issues about implementation still need to be a bit clearer. The Minister said rightly that this document is mainly for practitioners and managers. It has been the practice, certainly in the Department for Education and its predecessor, to produce slimmer, accessible versions for parents and young people and I wondered whether the department would consider doing this or at least commissioning someone else to do it.

Secondly, I agree with the noble Lord, Lord Ramsbotham, that the document is still a bit unclear as to what children without an EHC plan can expect. Worryingly, I found the following sentence on page 48 in relation to the local offer:

“In setting out what they ‘expect to be available’ local authorities should include provision which they believe will actually be available”.

By implication, that might include some provision that in fact will not be available. There is a lack of clarity there about what parents who have to rely on a local offer rather than an EHC plan can expect in reality. I wish the document had been stronger in its emphasis on the local authority making sure that what is in the local offer will be available to people.

Thirdly, on accountability, as the noble Baroness, Lady Howe, said, we are still waiting for the inspection framework that Ofsted was going to review and publish. I understand that the noble Lord, Lord Nash, indicated to my noble friend Lady Wilkins that an initial report would be out in late May. We have still not seen that from Ofsted, which makes it difficult to make an assessment about the accountability framework that Ofsted is going to apply.

Fourthly, I welcome the section on nought to two year-olds, and the fact that it is there, but I wonder whether the Minister could clarify something. It is written only for service providers, saying that they must do this and must do that, and does not say anything about the role of local authorities in relation to nought to two year-olds. Would he be prepared to put on record that local authorities are accountable for nought to two year-olds in terms of identifying and ensuring provision there, in the same way that they are for other age groups?

I also wanted to ask something about further education. It has come to my attention—this may be wrong, so I want to check it out—that the person designated as a SENCO in a further education college does not have to have special educational needs qualifications. Is this the case and, if it is, would the Government consider requiring those people to have those qualifications? My second point about FE is about inclusive provision. Having gone round a number of further education colleges and talked to young people, it is quite depressing, to some extent, to see what some FE colleges are providing for children with special educational needs: lots of preparation for living courses, but no identifying and enabling of those young people who could go on a mainstream vocational course. It is an option not often available to young people with special educational needs and disabilities. FE colleges should not be able simply to provide the kind of courses that they think are suitable and shoehorn people into them but should try to include disabled young people on mainstream courses for other students, where they can be included with support.

My last point is about the need for a review of the code and how it is being implemented. The Minister said that the Government would keep the code under review. The problem with that is that, if the department keeps it under review, the rest of us will really not know much about implementation. There needs to be a specific review at a point in time, the results of which are then published for us all to see.

[Lord Nash]

My Lords, I am grateful to all noble Lords for their comments and questions. I will try to address the points raised but I doubt whether I will manage to cover them all. Where I do not, I will write to noble Lords.

The noble Baroness, Lady Uddin, talked about inclusive education, particularly higher and further education. The code reflects the current position, which includes the general presumption that children with SEN should be taught in mainstream settings. That principle is extended to young people in further education through the Children and Families Act 2014. The code also highlights that schools and colleges have important duties under the Equality Act 2010 to prevent discrimination against disabled people, to promote equality of opportunity, to plan to increase access over time and to make reasonable adjustments to their policy and practice, which, since September 2012, has included providing auxiliary aid and services such as specialist computer programs et cetera. However, I note the point made by both the noble Baroness and the noble Baroness, Lady Hughes, and I would be interested to discuss further at the end the point she made to ensure that these colleges are taking their duties seriously.

The noble Lord, Lord Ramsbotham, is to be commended for reading all 270 pages. He must have done so in order to pick up the typographical error. The publication of the final code will not be determined in advance—he is right about that. However, in communicating with schools, colleges and local authorities on the implementation of the reforms, we have always made it clear that the version of the code issued for consultation on 16 April this year was sufficiently near to the final code for implementation-planning purposes. Key duties remain as they are currently for schools and early year providers. They will start to put in place from September the new approach to identifying and supporting children with SEN set out in the code and record those with SEN under SEN support in the January 2015 census. FE colleges will have a duty to use their best endeavours to ensure that young people with SEN get the help they need as they have always done, and will have regard to the approved code of practice.

We believe that the guidance provides a robust framework for supporting those without EHC plans which focuses on the impact of the support rather than how children access support according to the category they fit into. It will also challenge schools to improve the quality of teaching and learning for all pupils rather than inappropriately labelling some pupils as having SEN. The guidance makes clear that schools should involve parents in shaping the support that is provided, be more transparent about what support is available at the school, monitor the progress of all pupils and respond quickly where children are making inadequate progress. School leaders will be expected to include the quality of SEN support within their approach to school improvement, professional development and performance management arrangements.

More generally, we will keep the guidance and the code of practice under review, allowing proper time for the reforms to bed down, particularly as they are being implemented gradually from September. We made provision in the Children and Families Act for subsequent versions of the code to be approved under the negative procedure precisely to enable the code to be kept up to date more easily.

As regards the point about the Criminal Justice and Courts Bill, the Ministry of Justice has indicated that it will consult later this year on its approach to secure college rules. This will provide a further opportunity to contribute to the development of secure colleges and ensure that the needs of young people, in particular as regards their welfare and safety, are met. However, I will pass on the noble Lord’s remarks to try to ensure that when the Bill comes back later in the year he gets a better answer than the one he got last time.

The noble Lord, Lord Ramsbotham, also talked about enforceability and accountability. For the first year we will ask local authorities and parent carer forums to complete implementation surveys on a termly basis. These will focus on whether the key elements of the new statutory framework are working. We will take action, including appropriate support and intervention, where it is clear that a local authority is struggling to implement the reforms. For the longer term, we are developing an accountability framework for monitoring delivery of the reforms. We expect this to be in place from September next year. It will include an agreed approach for challenging poorly performing local authorities and taking more formal intervention action where necessary. The noble Baroness, Lady Howe, the noble Lord, Lord Low, and other noble Lords asked about Ofsted. Ofsted is now completing its survey of how local areas are working on the reforms and will make recommendations soon about the possible role of inspection in monitoring and accountability.

The noble Baroness, Lady Howe, also asked about the disabled students’ allowance. The noble Baroness will recognise that higher education institutions must meet their duties under the Equality Act. Students can challenge their institution under internal procedures if they do not get the support they should and can ultimately go to court. Currently, they would have to use the Student Loans Company procedures and, as I say, ultimately the courts. As far as appeals are concerned, the outcomes in the EHC plan are much broader than the objectives in the statement as they cover health and social care as well as education and training. Local authorities need to be able to take an integrated approach in describing outcomes in the EHC plan which reflect how a number of services may need to work together to deliver a particular outcome. Making the education and training outcomes themselves appealable could prevent local authorities taking an integrated approach in describing outcomes, but, of course, it remains the case that the special educational provision in an EHC plan is appealable through the tribunal.

My noble friend Lord Addington talked about encouraging charities to make their own version of the code in relation to their particular issues. We know that some organisations are already doing this, an example of which is the Communications Trust. I agree that such organisations are particularly well placed to do this. We are also working with the voluntary sector and other organisations to develop guides to the code of practice, particularly for parents, schools and NHS bodies. My noble friend also talked about training. In order to gain qualified teacher status, trainee teachers must meet national standards which require them to vary their approach to meet the different needs of children, including those with SEN. In 2012, some 76% of newly qualified primary school teachers and 89% of secondary NQTs rated their SEN training as “very good”. It is up to schools to decide what professional development their staff require, and it is true that the code sets out a range of sources of training materials.

For their part, the Government have supported improvements through the teaching schools programme, through their funding for the National Association for Special Educational Needs and its SEN and disability gateway, an online portal that provides access to a range of training resources, including on dyslexia, autism, speech, language and communication needs. We have also funded the training of more than 10,000 new SENCOs and are supporting Achievement for All 3As to provide leadership to help 1,200 schools in developing their provision for children with SEN. The code of practice makes it clear that school leaders should ensure that staff receive appropriate professional development, and the national training of new SENCOs includes an understanding of the main types of SEN, including dyslexia, speech, language and communication needs and autism.

The noble Lord, Lord Low, referred to special services for deaf children. The code recognises that it is up to the local authority to decide, with local children, young people and parents, what services to commission and to include in their local offer. That will include services for deaf children and those with other types of SEN. He asked whether the system will be ready in time for September. We have always been clear that the reforms will be implemented from this coming September. The key elements of the reforms were set out in a Green Paper in 2011. We have regularly been asking all local authorities in England how well they have been preparing, and local authorities are ready to go. Over 90% have reported that they are ready and the department is working closely with the others. Implementation will be gradual, and we have put in place a range of support, including the £70 million SEN reform grant in 2014-15 to help with plans for the reforms, along with £45 million in 2014-15 and £32 million in 2015-16 for the recruitment and training of independent supporters. We also have the regional SEN champions, drawn from the local pathfinders who have been testing the reforms in practice and from a range of delivery partners with specialist expertise in key areas such as person-centred planning.

I am extremely grateful to my noble friend Lord Storey for his supportive remarks. The noble Baroness, Lady Hollins, mentioned the guidance on mental capacity. We think that the guidance in the code on mental capacity is about right. It sets out how cases where young people and parents lack the mental capacity to take certain decisions under the Children and Families Act should be dealt with. We have provided a link to further advice on the Mental Capacity Act and have listed all the sections under Part 3 of the Children and Families Act in the regulations where mental capacity considerations come into play. However, I have listened to the points made by the noble Baroness and I will reflect on them. We will be able to consider this issue in a further review of the code.

--- Later in debate ---

[Lord Ramsbotham]

Could the Ofsted accountability framework be made available to the House as soon as it is published, so that we can see it?

[Lord Nash]

I will take that back and will ensure quickly that I check precisely where Ofsted is. If Ofsted is not where we think it might be, we might give it a bit of a chaser.

[Lord Low of Dalston]

May I, too, ask a question of the Minister? May I take him back to the question of disabled students in higher education and their ability to challenge the provision that is being made? I think that the Minister said that they would need to go to court. I assume that that would be by way of judicial review; and, of course, that is going to be much more difficult now that the scope of judicial review is being so much curtailed and the availability of legal aid for judicial review is so much reduced. That is going to significantly undermine the ability of disabled students to use the courts to resolve these problems. I wonder therefore if the Minister would be willing to give further consideration to a more substantial right of redress for disabled students in higher education.

[Lord Nash]

Of course, they have redress through the internal procedures of their college, but I will undertake to look at the noble Lord’s point carefully.

[The Deputy Chairman of Committees (The Countess of Mar) (CB)]

My Lords, it might be helpful if I tell noble Lords that there is no need for them to say “Before the noble Lord sits down” in Grand Committee. The only time that one uses it is at Report stage.

Schools: Careers Guidance

Lord Nash Excerpts

Wednesday 23rd July 2014 Grand Committee

[The Parliamentary Under-Secretary of State for Schools (Lord Nash) (Con)]

My Lords, I thank my noble friend Lady Sharp for securing this important debate and for her excellent summary of the history and status quo of the Government’s position on careers advice. I also thank other noble Lords for their valuable contributions.

There seems to be an assumption underlying the debate that there was once a golden age of careers advice and that we have to go back to it. I do not recognise that. Even if it was the case, I agree with the noble Baroness, Lady Morris, that the careers system that the Government inherited was clearly a long way short of that. I think that we all recognise that the Connexions model did not work. As Alan Milburn said, hardly one person had anything good to say about it.

I do not believe that we have ever had it right in this country since the days of choice emerged, probably about 60 years ago—before which people basically went into jobs that their parents did or that their parents organised for them. The system of careers advice that I recognise is one that I saw on a bookstall once, when I was in an airport in New York late one night—I cannot remember which; all airports look the same. It was a book written by Jack Welch and his wife. He was the inspirational head of GE. He had written a book about his experience as a manager. Then he and his new wife had gone around the world promoting the book for 18 months. When they came back, they wrote a small pocketbook on the best questions that they had heard. The best chapter was entitled,

“What am I going to do with the rest of my life?”.

He said that basically what you do is: you get a job; you do not like it very much; you get another job; and after about five jobs, if you are lucky, you find something that you enjoy. That was certainly the pattern of careers advice that I recognise in this country for the past 50 years, and certainly that experienced by many of my friends.

Of course we can do a lot better. We in this Government believe that people in jobs they love are best placed to enthuse and inspire a young person. For too long, careers guidance in our schools has been weak, characterised by an expensive, top-down approach and one-off careers interviews that did not prepare young people to take their place in the world of work.

The noble Lord, Lord Bilimoria, referred to Ofsted stating that the links with employers are weak. Frankly, for many schools, the links with business and the professions have been extremely weak for years. In our view, it is clearly getting better. Evidence from the McKinsey report on youth unemployment conducted across Europe was absolutely clear that the best careers advice is active engagement with business, but that face-to-face careers advice experience was extremely patchy. As for the head teacher to whom he referred who could not see the value of careers advice and was focused only on core standards, in my experience, for many successful head teachers in the country, the one way to get their pupils working for those exams is to engage them with work so that they have a clear line of sight and understand why they are working.

I certainly agree with my noble friend Lord Shipley that schools should have responsibility for that advice, because they know their pupils, their aptitudes, interests, passions, strengths and weaknesses. Through our reforms, this Government are driving closer working between schools and employers. We welcome business input into our schools—probably more so than anywhere else in the world.

We need to equip our pupils with an understanding of how their learning will help them to progress in a rewarding career, and schools and employers can do this by investing in the workforce of tomorrow through careers talks, mentoring, coaching, work tasters and work experience. From September, our guidance will encourage all schools to do what the best schools are doing: securing innovative advice and guidance on a range of ambitious careers. That is why this Government have given responsibility to schools and colleges.

Evidence from the Education and Employers Taskforce highlighted the positive relationship between the number of employer contacts that 14 to 19 year-olds experience in school and their outcomes—including the likelihood of their being NEET and their earnings if salaried. I am delighted to see a growing number of excellent organisations already working with schools to facilitate greater business involvement—organisations such as Business in the Community’s Business Class, which has 300 clusters around the country, as well as the Cutler’s Made in Sheffield programme, the Glass Academy in Sheffield, Make the Grade in Leeds, career academies, U-Explore, Barclays LifeSkills, the Education and Employment Taskforce’s Inspiring the Future, and the Speakers for Schools programme. All those organisations are building those vital links—the plumbing between schools and business.

At Pimlico Academy, my own academy, we have a substantial raising aspirations programme, bringing businesses and professional people to speak at the school. At Westminster Academy they have transformed the schools performance with the help of 200 business partners. At the Bridge Academy in Hackney the sponsor UBS runs a huge mentoring programme for the students and at Stoke Newington School and Sixth Form in Hackney, they have an excellent programme of engagement with businesses including a speed-dating careers fair.

The guidance gives schools a responsibility to act impartially and make sure pupils can find out about the range of options available. The accompanying non-statutory guidance paints a clear picture of what good careers guidance looks like, highlighting case studies and examples of good practice. To further support schools, from October the reshaped National Careers Service will expand its offer to schools and colleges, making it easier for employers and educators to engage. Importantly, schools will now be held to account for the destination of their pupils, be that an apprenticeship, university, job or further study in school or college. The Chief Inspector of Schools has made clear his commitment to give careers guidance a higher priority in school inspections. We are strengthening our focus on that, to answer the point made by my noble friend Lord Cormack.

We have set out a clear vision for careers guidance, clarified responsibilities for schools through new statutory guidance and enhanced the role of the National Careers Service, alongside Ofsted’s tougher scrutiny.

On the point made by my noble friend Lady Sharp about the recommendations from Ofsted and the Select Committee, we have considered these and implemented a number of them. We published our action plan on the same day as Ofsted published its response to all the recommendations. We have strengthened the guidance in relation to a clear framework for schools. We have made it clear to schools that they must build relationships with other education and training providers.

As for the money—on a point raised by the noble Lord, Lord Bilimoria, and the noble Baroness, Lady King—we are in a difficult economic climate, as we all know. We have protected the school budget, which is a fairly remarkable performance given the state of the public finances that we inherited, and we believe that there is money there for this, compared to other sectors.

My noble friend Lord Cormack referred to the culture—that unless one goes to university one is seen as a failure. We are determined to change this ethos, which is why this Government’s reforms have ensured that vocational qualifications are rigorous and can be as highly valued as the alternatives. That is why our new guidance focuses so clearly on apprenticeships. My noble friend referred to his concept of a careers panel, which is an excellent idea. As was noted, we have updated the guidance for school governors this year, which makes it clear that governors can play a key role in helping to connect schools with the local business community, since we know that governors from an employer background can help schools in this way. As for the citizenship ceremony, perhaps the idea could be promoted by forming a new charity or a co-operation with other charities, or through a pilot with a certain number of schools. I know that my noble friend has some interested schools.

The noble Lord, Lord Bilimoria, referred to the fact that not all schools have a complete set of destination data. The DfE is publishing key stage 4 and 5 destination data annually, and Ofsted is using this in school inspections to inform judgments on schools’ career guidance.

The noble Baroness, Lady Morris, referred to work experience. Hundreds of employers are offering work experience, including major national companies, and the offer of work experience has risen over the last couple of years from 63% of employers to 81%.

I think that the real picture is somewhat different from the one that has been painted. We have never had this right and we think that the model of engaging with business is the way forward. We need to get it developed—I have referred to a number of excellent organisations that are doing this. I am sure that noble Lords will agree that giving young people a clear line of sight to the workplace, particularly those from intergenerational unemployment backgrounds, is important in enabling them to fulfil their potential. It is not just economically important but also, as my noble friend Lady Sharp said in opening, a moral imperative. Once again, I am grateful to all noble Lords for their contributions.

Birmingham Schools

Lord Nash Excerpts

Tuesday 22nd July 2014 Lords Chamber

[The Parliamentary Under-Secretary of State for Schools (Lord Nash) (Con)]

My Lords, with the leave of the House, I shall repeat a Statement made by my right honourable friend the Secretary of State for Education in the other place earlier today. The Statement is as follows:

“With permission, Mr Speaker, I should like to make a Statement about the report into allegations concerning Birmingham schools arising from the so-called Trojan Horse letter. That report by Peter Clarke has been laid before the House this morning.

The abiding principle of this Government’s education policy is that schools should prepare children for life in modern Britain and, indeed, the modern world. Schools should open doors for children, not close them. That is what parents want and expect. We should be clear that this is as true for the overwhelming majority of British Muslims as it is for everyone else.

As a Government, we strongly support the right of Muslim parents to be involved in their children’s schools and their commitment to take leading roles in public life. What has been so upsetting about the history in this small handful of schools is that the success of efforts to encourage more British Muslims to take up governing roles has been damaged by the actions of a few. I sincerely hope that parents will continue to come forward to serve as governors and take leadership roles in schools.

But what Peter Clarke found is disturbing. His report sets out compelling evidence of a determined effort by people with a shared ideology to gain control of the governing bodies of a small number of schools in Birmingham. Teachers have said they fear children are learning to be intolerant of difference and diversity. Instead of enjoying a broadening and enriching experience in school, young people are having their horizons narrowed and are being denied the opportunity to flourish in a modern multicultural Britain.

There has been no evidence of direct radicalisation or violent extremism. But there is a clear account in the report of people in positions of influence in these schools, with a restricted and narrow interpretation of their faith, who have not promoted fundamental British values and who have failed to challenge the extremist views of others.

Individuals associated with the Park View Educational Trust, in particular, have destabilised head teachers, sometimes leading to their resignation or removal. Particularly shocking is the evidence of the social media discussions of the Park View Brotherhood group, whose actions,

‘betray a collective mind-set that can fairly be described as an intolerant Islamist approach that denies the validity of alternative beliefs’.

Evidence collected by Peter Clarke shows that Birmingham City Council was aware of the practices that were subsequently outlined in the Trojan Horse letter long before it surfaced.

The council published on Friday its own report by Ian Kershaw into the problems. He concluded that in some cases the council was actually a vehicle for promoting some of these problems, with head teachers being eased out through profligate use of compromise agreements rather than being supported. The council’s inability to address these problems had been exacerbated, the report found, by a culture of not wanting to address difficult problems where there is a risk of accusations of racism or Islamophobia.

We are all in the debt of Peter Clarke for the rigour that he brought to his investigation and for the forensic clarity of his findings. And we are in the debt of my predecessor, now the Chief Whip on this side of the House, for his determination in the face of criticism to invite Mr Clarke to take on this task. No Government and no Home Secretary have done more to tackle extremism than this Government and this Home Secretary. In the conclusions of the Government’s extremism task force last year, the Prime Minister made it clear that we need to deal with the dangers posed by extremism well before it becomes violent. Peter Clarke’s report offers us important recommendations to address this challenge in schools.

Our first priority after Ofsted reported its findings last month was to take action over the schools in special measures. The members at the Park View Educational Trust have now resigned, enabling outstanding head teachers from the wider Birmingham community to take on the governance of the trust and ensure a strong future for its three academies. My noble friend Lord Nash has today written to the Oldknow Trust notifying it that I will terminate its funding agreement in the light of the trust’s manifest breaches. And a new interim executive board has replaced the failing governing body of Saltley school. I pay tribute to the right honourable Member for Birmingham, Hodge Hill, and the honourable Member for Birmingham, Yardley, for their work with these schools.

The second priority is the progress which must be made by Birmingham City Council. I have spoken to Sir Albert Bore and we have agreed that I will appoint a new education commissioner within the council to oversee its actions, to address the fundamental criticisms in the Kershaw and Clarke reports, while building resilience in the system as a whole. The commissioner will report jointly to Birmingham’s chief executive and to me. If we are unable to make rapid progress with these new arrangements, I will not hesitate to use my powers to intervene further.

My right honourable friend the Secretary of State for Communities and Local Government has also spoken to Sir Albert Bore about the need to address the wider weaknesses that these events have highlighted in the governance culture of the council. It has agreed that Sir Bob Kerslake will lead a review of governance in the city council, reporting with recommendations for both the short and medium term by the end of 2014.

I want also to ensure that our system of standards and accountability for all schools should better withstand the threats of extremism of all kinds. The National College for Teaching and Leadership will take the extensive evidence provided by Peter Clarke so that its misconduct panel can consider whether any teachers involved should be barred from the profession. Advice to the panel already provides that actions which undermine fundamental British values should be viewed as misconduct. I will strengthen that advice to make clear that exposing pupils to extremist speakers should be regarded as a failure to protect pupils and promote British values. I will also strengthen the advice to make it clear that prohibition from teaching should be imposed while such cases are investigated and a prohibition without review made where misconduct is proved.

We have already published a consultation on strengthening independent school standards, which apply also to academies and free schools, including a requirement actively to promote British values. Ofsted will inspect how well all schools are actively promoting fundamental British values through their curriculum. We will provide further guidance on how to improve the social, moral, spiritual and cultural development of pupils, which is also inspected by Ofsted. We will strengthen our regulations to bar unsuitable persons from running independent schools, including academies and free schools. Anyone barred in this way will also be prohibited from being a governor in any maintained school.

Peter Clarke recommends that Ofsted should be more sensitive to the signs of emerging problems. I believe that key evidence can be hidden from inspectors, and the inspection regime needs to be strengthened further. My predecessor asked Her Majesty’s Chief Inspector, Sir Michael Wilshaw, to look at the feasibility and practicalities of introducing no-notice inspections for schools. I am pleased that Her Majesty’s Chief Inspector has already decided—and notified schools earlier this month—that he will be broadening next term the criteria that Ofsted uses to judge whether unannounced inspection is required for a particular school. HMCI believes there are advantages to extending no-notice inspection to all schools and will use his consultation in the autumn on changes to the 2015 inspection regime to consult on whether universal no-notice or a different change to the no-notice regime should be made.

HMCI has also highlighted the need to ensure that all state-funded schools meet the requirement to teach a broad and balanced curriculum. The chief inspector is clear that this is an area where inspectors will pay more attention, and the autumn consultation will seek views on whether Ofsted needs to do more to ensure that all schools meet their requirement to teach a broad and balanced curriculum.

My predecessor commissioned a review by the Permanent Secretary on whether the department missed historical warnings in Birmingham, and he will report to me later in the summer. The department has already ensured increased scrutiny of new academy sponsors and of the governance arrangements for schools seeking to convert to academy status. We have appointed regional schools commissioners, backed by boards of local outstanding head teachers, who will bring local intelligence to decision-making on academies, but I will now improve the department’s due diligence and counterextremism division’s capacity as Peter Clarke recommends, and I will ensure that the department works in partnership with the Home Office, the Department for Communities and Local Government and other agencies to improve the intelligence available to us on whether other parts of the country are similarly vulnerable to the threats that have been exposed in Birmingham.

The report also raises questions and makes specific recommendations about other important areas including: the role of the Association of Muslim Schools UK; further action on improving school governance; how to communicate better the role of local authorities with all schools—maintained, academies and independent —over safeguarding and extremism; and how we can be sure that all schools are meeting their statutory duties. I want to reflect further on these issues, as well as all specific recommendations made in the report published today, and return to this House in the autumn on steps to be taken on these matters.

Peter Clarke’s report confirms the pattern of serious failing found by Ofsted inspection reports and identifies how the actions of a small number of individuals in some schools represented a serious risk to the safeguarding of children and the quality of education being provided. We are taking action to put things right and I will not hesitate to act in any schools where serious concerns come to light in future.

However, I want to be clear that those who seek to use this case to undermine this Government’s reform agenda will be disappointed. Today there are more than 4,000 academies and free schools serving pupils and parents up and down the country. They are helping thousands of young people, regardless of their background, to unlock their potential and become valuable and rounded members of society. The expansion of the academy programme has been one of the great success stories of this Government and the actions of a small number of individuals will not divert us from this path. The programme of reform goes on. I commend the report to the House”.

My Lords, that concludes the Statement.

--- Later in debate ---

[Lord Nash]

This is not a matter for bipartisan point-scoring but one for serious reflection on the issues that have arisen. The noble Baroness is quite right that some of the evidence suggested that these issues go back 15 years, including under a previous Government and while these schools were all maintained schools. Within a few weeks of becoming aware that issues were apparent with the academy trust described by Peter Clarke in his report as the incubator, Park View Educational Trust, we had removed the members of that trust. Clearly, that shows swift and firm action.

We, too, expect all schools to teach tolerance and we have set that out in the independent schools standards. As I say, we will be improving the social, moral, spiritual and cultural guidance on this. We do not mandate training for governors. We have 300,000 governors in this country and we are extremely grateful to them for the work that they do. We expect governors to be trained where appropriate but at this time we do not think it appropriate to mandate them. The Equality Act of course applies to all schools.

As far as our policies are concerned, there is no doubt now that the academies programme, started under the previous Government and dramatically rolled out under this Government, is an outstanding success up and down the country. Schools that have been failing for years—hundreds of them—are being dramatically transformed under academy sponsorship. The Labour Party’s solution to such issues is to have 50 to 100 new directors of school standards, all with their own bureaucracies. As far as I am concerned, I know who I would rather trust to give me advice on local issues such as the ones we have seen in Birmingham. It would be head teachers, every time, ahead of local bureaucrats. That is why we have set up our eight regional schools commissioners.

I pay tribute today to the three outstanding head teachers who have come forward to take over as the new members of the Park View Educational Trust and the speed with which they are getting to grips with the issues in those three schools, to ensure that they are safe and appropriately staffed when they open again in September. I also pay tribute here to those officials in the Department for Education who have worked so tirelessly with me over the past few months to ensure that the former members of the Park View Educational Trust have stood down.

[The Lord Bishop of Birmingham]

My Lords, I am grateful to the Minister for bringing the Secretary of State’s Statement to the House and for the publication of Peter Clarke’s report. As he mentioned, this goes alongside Ian Kershaw’s report, which was published on Friday, about Birmingham City Council and it has the support of the Birmingham Trojan horse review group, of which I am a member. That group has published its own, wider recommendations in this complex and troubling period. Does the Minister agree that both reports are thorough and hard-hitting, and that there is much in common in their findings?

Will he also affirm that it is vital now that we have a co-ordinated effort across all interested parties and responsible bodies, not only to rectify wrongdoing and implement the welcome recommendations of both reports but to ensure that every child in Birmingham has an excellent education, preparing her or him to flourish in our liberal 21st-century democracy, so that they can start the new academic year in September confident that the proper structures, monitoring and support are in place? Can he also reassure the House that, given the arrangements he is proposing, with these rapid and responsible responses to new structures and influences in Birmingham, we will be absolutely clear by September who is responsible for what in this revolutionary period in our education system? Will sufficient resource be directed to enable local authorities and their partners, new and old, to achieve this safeguarding, which is the responsibility for all children, in whatever form of education or schools they are, and can he reassure the House that they will receive that?

May I also make a wider point about this complex matter? Faith, in a city such as Birmingham, is of great importance to a huge number of the population, which is perhaps unusual across the population of the country. The issues that we face in these reports are wider than just education and, of course, the Prevent strategy, such as making sure that proper arrangements are in place for the safety of all. Will the Secretary of State’s department consider taking responsibility for developing a new awareness and experience among all professionals, of whatever responsibility, of what lived faith looks like in a 21st century city and enable a wider conversation about faith, not only in education but throughout civil society?

[Lord Nash]

I welcome the right reverend Prelate’s “look forward” approach to this matter and am grateful to the diocese of Birmingham for its support for the schools and academies programme and its collaborative approach to working both with the department and with other dioceses. As the right reverend Prelate says, both reports are hard-hitting. We should all take stock and analyse all the recommendations.

As for being clear by September who is responsible for what in these schools, it is clear now today that we have changed the members of the Park View Educational Trust, which was responsible for three academies, Park View, Golden Hillock and Nansen Primary. They will become trustees of the trust. We will bring in further outstanding heads as trustees, who will be responsible between now and the beginning of September for securing the schools and analysing which teachers may have behaved inappropriately. They will not hesitate to take the right action against any teachers who have behaved unprofessionally and will make sure the schools are safe and ready for opening in September. Probably during August, we will work with potential sponsors for these schools to ensure their long-term future. This has invited a wider discussion about faith, which is very welcome.

[Lord Storey (LD)]

My Lords, I am grateful for the Minister’s Statement. Sometimes good can come out of a difficult situation. I have four questions to ask the Minister.

[Lord Storey]

I have two questions to ask him. First, does he think that there is a need for Ofsted to inspect academy chains, and that the curriculum proposals should be for all schools? Secondly, he mentioned in his Statement that a number of head teachers were eased out through compromise agreements. These compromise agreements often come with confidentiality clauses. We currently know that up to £3 million of education money is being spent on these compromise agreements. Does he not think that we ought to look at this situation? Had those confidentiality issues not been linked to the compromise agreements, perhaps we would have got to the truth of what head teachers felt sooner.

[Lord Nash]

To answer my noble friend’s two questions, we have so far felt that, given that Ofsted is capable of conducting batch inspections on a number of schools in a chain, as it did in Birmingham and has done on many occasions, that gives it plenty of opportunity to examine the support that those schools get from the centre. Visiting the head office—when Ofsted probably would not see very much except the office—would not tell it any more. However, we keep that constantly under review.

On the compromise agreements, when I came to work in education I was pretty shocked by the lack of due diligence that was often taken over referencing people in teaching. Of course, what can happen as a result of compromise agreements is that bad teachers just pop up elsewhere, which is described in America as the dance of the lemons. That is something that we need to look at.

[Lord Sutherland of Houndwood (CB)]

My Lords, there is much to welcome and to ponder in today’s report. There is an underlying issue of knowing what is going on in schools to which I will draw attention by asking two related questions. I suggest that one of the key sources will always be responsible teachers and head teachers. Is there any way of devising a route that they can follow to raise questions about serious difficulties within the school, knowing that they will be taken seriously?

Secondly, there is an issue of governance and governors. I welcome what is recommended in the report, but it is a much broader issue than that. Could a broader look be taken? I could take the Minister to schools within a mile or two of here that struggle to find enough good governors. We have to find ways of improving that situation, and that will not happen reactively in situations like this.

[Lord Nash]

I pay tribute to the experience of the noble Lord, Lord Sutherland, in the area of HMCI. We have whistleblowing procedures in place in the department and in the EFA. We have been discussing with Ofsted how we can improve them, and we will look at doing so.

On page 90 of Peter Clarke’s report, he says that he does not see that there is an issue with governance generally, merely an issue with governance in these particular schools. In the last 18 months, as Minister with responsibility for governors, we have dramatically beefed up our focus on governance to focus governors on three core skills, to focus governance on skills rather than representation and to view governing bodies more as non-executive director bodies. I was delighted to hear in the other place earlier this afternoon the shadow Secretary of State support the non-executive director approach. Ofsted is far more focused on governance than it was and we are increasingly working with it to make it more so.

The noble Lord is quite right about recruiting more governors. We have recently launched the Inspiring Governors Alliance to work with the CBI and other business groups to recruit more governors.

[Lord Rooker (Lab)]

It has been 13 years since I ceased to represent part of my city in the other place. My former constituents would not thank me if I started to play a party-political game here, so I have only one question. Will Sir Bob Kerslake’s review of governance look at the splitting of the city into three boroughs? London is no less London for having 32 boroughs dealing with social services and education. Last autumn I advised the then Secretary of State not to send in commissioners for social services and education necessarily, but to send in the boundary commissioners. With wards with an electorate of 20,000 for three councillors in that city compared to 6,000 electors for three councillors in London, there is a disconnect in democratic accountability. The elected councillors cannot possibly be in touch with things that happen on their patch. It is the only place in the country that has such a democratic dislocation at ward level between councillors and the electorate.

Change is long overdue. I even raised it when Tim Brighouse came to Birmingham. With more than 400 schools in one city, it is just not possible to manage it properly. I am not calling for the dismemberment of the city, but for the boroughing of the city in that same way that London is boroughed, so that there will be more accountability and more people will know what is going on. It is not just the governors but the elected councillors as well. Bob Kerslake seriously has to have a look at this, because although it is not the entire solution it is part of it.

[Lord Nash]

I assure the noble Lord that all possible solutions to this are under review.

[Baroness Hussein-Ece (LD)]

My Lords, I, too, thank my noble friend for the Statement. It is a relief that this applies to a very small number of schools, however important it is, and to note that there are serious problems of governance. It is important to underline that there is no evidence, as we saw in the lurid headlines, of a “plot” or of violent extremism.

We know that there is a difference between religious conservatism and extremism. That has not really come out in a lot of the narrative from these schools. It has been quite damaging. Can the Minister comment on that? Does he agree with me that when we talk about values, we need a shared level of standards, values and accountability for all schools, be they faith schools, free schools, academies or private schools? Would he also agree that we need to refrain from the generalisation that we have seen that stigmatises whole communities and faiths? This has been very damaging and will make it more difficult for moderate people in Muslim and other communities who want to get engaged in public life to become school governors and councillors, and to play a full role in British civic society.

[Lord Nash]

My noble friend is quite right about the difference between religious conservatism and extremism. We are dealing with some extremely difficult issues. We must respect all faiths, but all schools should be places where pupils start to learn about inclusivity and tolerance, not where they are excluded from society. We are focused on our pupils being adequately prepared for life in modern Britain, and the noble Baroness raises some very important points.

[Lord Pearson of Rannoch (UKIP)]

My Lords, do the Government agree that this scandal, like Muslim segregation and Islamist violence more generally, is a problem that arises from within Islam and can be cured only from within Islam? Given all that is happening in Africa as well, why do the Government go on intoning that Islam is a religion of peace?

[Lord Nash]

I think that what has happened in Birmingham is unacceptable to all the communities there, including most of the Muslim parents and teachers. I do not recognise the noble Lord’s analysis of the religion of Islam, which I see as a religion of peace. I do think that there are issues in relation to developing counter-narratives to extremism, but I do not think that there is time to go into that here.

[Baroness Armstrong of Hill Top (Lab)]

Does the Minister recognise that the department has to take its fair share of the blame and be accountable? It is not possible to put all the responsibility on to Ofsted for knowing what is going on in schools day in and day out. With academies, the department has the responsibility through its newly imposed regulatory system. How could it miss what was happening to girls in those schools, when many women were being dismissed from schools as cleaners, dinner ladies and so on, as well as teachers? Many of us feel very let down in this respect by the Government, with their centralised control of academies. I declare my interest as a member of Northern Education Trust and as a governor of Castle View Academy in Sunderland—so I am not against academies by a long way, but the Government have neglected these schools and have not now got the infrastructure to know when things are going wrong. What are they going to do to change that?

[Lord Nash]

The noble Baroness is quite right that everybody needs to take their fair share of the blame in this. Nobody comes out of this particularly well. One could say, “How did the local authority miss these issues for years?”. It was only when Ofsted did a batch inspection of 21 schools and saw a common pattern of behaviour which had accelerated dramatically in terms of threatening behaviour in recent years that it became absolutely clear what was happening. As I said in relation to the actions we have taken with Park View Educational Trust, we dealt with these matters extremely speedily. We have now substantially tightened our procedures in relation to schools becoming academies and we will, as a result of events in Birmingham, look further at that.

[Lord Bew (CB)]

My Lords, does the Minister acknowledge that we owe a great debt to Peter Clarke for this report and that its modulated contents disprove many of the concerns in the media at the time of his appointment? It is a modulated, precise report. As to its content, after the Minister’s Statement, I am much clearer about the Government’s thinking on the governance of these schools. However, the report also criticises the conduct of a number of teachers. I am not sure how the discussion is going to develop on the point of the teachers—as opposed to governors—whose conduct is discussed in the Clarke report.

--- Later in debate ---

[Lord Nash]

I agree entirely with the noble Lord about the great debt that we owe to Peter Clarke, one of the great investigative policemen of our time. At this precise time I cannot comment on the detail of the noble Lord’s point about the conduct of the teachers. However, I can assure noble Lords that the new trustees of Park View Educational Trust will take all appropriate action, and the National College for Teaching and Leadership will take the extensive evidence provided by Peter Clarke so that its misconduct panel can consider which individuals, if any, should be barred from the profession.

[Baroness Crawley (Lab)]

My Lords, as a former MEP for Birmingham for 15 years, and as a feminist, I have taken a great deal of interest in this matter. Can the Minister say what his department will do to ensure that the Equality Act is implemented in faith schools, free schools, academies and maintained schools from now on?

[Lord Nash]

I can assure the noble Baroness that we are extremely focused on that. We make sure that all schools, particularly when we are approving them as free schools, are thoroughly inclusive. We visit the schools, and if we see any practices that we think are inappropriate, we are very quick to draw them to the attention of the schools and make sure they are rectified. We are extremely focused on that. The noble Baroness makes a very good point.

[Lord Reid of Cardowan (Lab)]

My Lords, first, I thank the Minister for repeating the Statement, and I thank the authors of the two reports. I do not know the author of one of them, but I know Peter Clarke, and I have long appreciated his judgment and analysis, which come through in this report. It is obvious that there were problems in the schools, the local communities and the local authorities, and we have concentrated on that. However, without in any way laying particular personal blame or being party political, it is equally obvious that there were failings at the centre of government, and in more than one department. To put it at the minimum, someone somewhere, or a number of people, took their eye off the ball. The Minister said that procedures had been “tightened up”—I think that that was his phrase. Could he elaborate a little more on that? Can he say—if we are reviewing everything that is happening in Birmingham, in the local authorities, the schools, regarding the teachers and so on—what is the nature of the review being carried out in the Home Office and/or the Department for Education, and whether any conclusions have already been reached?

[Lord Nash]

I am grateful to the noble Lord for his comments, particularly given his vast experience in this area, and particularly his comments about Peter Clarke. We have dramatically beefed up our due diligence and counterextremism division in the department, and will further strengthen it. We were the first department outside the Home Office to set up such a unit. I cannot comment on the Home Office, but we will look carefully at all the issues arising out of this. I can assure the noble Lord that, in terms of analysing the individuals involved in any schools in which the department is involved in any approvals, we will use our due diligence unit very rigorously.

Adoption and Children Act Register (Search and Inspection) (Pilot) Regulations 2014

Lord Nash Excerpts

Wednesday 9th July 2014 Lords Chamber

Moved by

[Lord Nash]

That the draft regulations laid before the House on 11 June be approved.

Relevant document: 3rd Report from the Joint Committee on Statutory Instruments. Considered in Grand Committee on 7 July.

Motion agreed.

Adoption and Children Act Register (Search and Inspection) (Pilot) Regulations 2014

Lord Nash Excerpts

Monday 7th July 2014 Grand Committee

Moved by

[Lord Nash]

That the Grand Committee do consider the Adoption and Children Act Register (Search and Inspection) (Pilot) Regulations 2014.

Relevant document: 3rd Report from the Joint Committee on Statutory Instruments

[The Parliamentary Under-Secretary of State for Schools (Lord Nash) (Con)]

My Lords, the regulations that we are considering today would allow approved prospective adopters in the named pilot areas to look at information about children on the register. The regulations are some of the first to be laid under Part 1 of the Children and Families Act 2014.

The Adoption and Children Act register is successful in finding adoptive families for children. In the past three years, more than 1,040 children in England have been matched by the register with families who can meet their needs and give them stability and security. However, despite this success, there are still large numbers of children waiting on the register for a new family. At the start of June this year, the register contained 1,345 children waiting for adoption and 747 adoptive families. Once they have been approved to adopt, adopters have to wait to be matched to a child, with possible matches first scrutinised by the adopter’s and child’s social worker. The adopters currently have a limited, passive role to play in that process. This leads to delays for children that might otherwise be avoided, which is detrimental for those children. It can also be enormously frustrating for adopters when they are unable to play a more active role in identifying children for whom they might be suitable adopters. We believe that opening up the register so that adopters can access it will significantly speed up the matching process. This will be particularly beneficial for those children who are currently seen as harder to place yet so desperately need a loving home. These include children from minority-ethnic backgrounds, sibling groups and disabled children. We discussed this point at length during the passage of the Bill. Too many of these children wait too long for adoptive parents.

Evidence for this approach is already demonstrated by the current exchange days, where social workers are able to meet adopters to share more details about the children who are waiting for homes. The register held six national exchange days between March 2013 and January 2014 and 109 children were matched by local authorities at these events—that is, 80 groups of children. A total of 412 prospective adopters attended these events with around one in five matched with a child as a direct result of attending. An adoption worker from the London Borough of Barnet recently emphasised the benefits of this adopter-led approach:

“Exchange days really are unique … they help to bring the children to life for the adopters, and allow them to explore potential matches that they may not necessarily have considered”.

Exchange days are important and we are working with the sector to increase their use. They are not the answer alone, however. Exchange days work because adopters have better information about children waiting for adoption. This helps them to identify with children they would not otherwise have considered. Many of these matches might not be ones that would necessarily have occurred to social workers. The best way to capitalise on this approach and achieve more matches more quickly is to allow adopters to have direct access to the register. Allowing adopters to search the register for themselves, to see videos and pictures and to hear and see children speak and laugh will allow the child’s real personality to shine through. In short, it will allow some opportunity for all-important chemistry to play a part in adopters identifying a child who they might wish to adopt.

Of course, noble Lords will already be aware that allowing approved adopters to search the data of children is not new. Many already choose to subscribe to magazines such as Be My Parent and Children Who Wait. Opening up the register will take this one step further as local authorities are under a statutory duty to refer children to the register if they are not exploring a specific local match for children. We want to pilot this approach for nine months to ensure that we can understand in detail how to make the process work most effectively in practice before undertaking a national rollout. Of course, the safety of children and the privacy of their information are paramount. That is why we are putting in place all the necessary safeguards to ensure that sensitive personal information about children and adopters is fully protected in line with the Data Protection Act 1998.

I reassure the Committee that the information that approved adopters will be able to access will be non-identifying, so there will be no risk that individual children’s full names or precise locations will be identified. Only approved adopters will be able to search details of children on the register. They must give written confirmation that they will keep their password and information about children safe. Noble Lords will also be reassured by the fact that the pilot will be subject to stringent data security measures. In addition, it will be run by the experienced team from the British Association for Adoption and Fostering, which has run the register service for 10 years without a data security lapse.

Noble Lords will remember that we published the indicative version of the regulations shortly before the House began scrutinising the then Children and Families Bill. We later undertook a formal public consultation. Respondents were very supportive of the pilot proposals. Noble Lords will see from the schedule to the regulations that, subject to approval of the regulations, adopters from 29 local authorities and voluntary adoption agencies across England will be involved in the pilot. I was delighted that all 29 agencies agreed to participate within a week of our invitation. No agency declined. This demonstrates the real appetite across the sector for these improvements. Caroline Ibbotson, director of the Yorkshire Adoption Agency, said:

“We are really looking forward to being involved in the Register pilot. We believe it gives our approved adopters a great opportunity to get fully involved in the family finding process and that it will increase the number of potential families being considered for each child”.

Piloting these improvements to the register will give us the best chance of evaluating the impact before making decisions about how to proceed. Our evaluation will include suggestions made during the consultation earlier this year. We will publish an evaluation report within three months of the end of the pilot.

In summary, I know that this Committee will agree that we must do everything we can to find loving homes for some of our most disadvantaged children. The work of the register is a crucial part of this effort. These regulations would enable the register to match children more effectively. Jeanne Kaniuk, managing director of adoption services for Coram, has said that this kind of approach,

“has given adopters a good opportunity to get a real sense of the children and what their individual personalities and needs are. This helps adopters to understand the reality of the children waiting, and has proved an effective way to find good matches—for example, brothers aged 12 months and 4 years were successfully placed with adopters following an Exchange Day in the East Midlands, and have since been successfully adopted”.

I commend the regulations to the House.

--- Later in debate ---

[Baroness Hughes of Stretford (Lab)]

My Lords, I too welcome in principle the regulations, which will enable access to the register by prospective adopters. As the Minister has said, we debated the principle of this extensively in the course of the Bill, when it was a Bill, and I do not intend to spend time on that. It is worth experimenting further to see if this will improve the timescales within which children can be successfully matched, provided that there are sufficient safeguards, as the noble Baroness has just said.

The safeguards as regards access by prospective adopters, and the identities of the children outlined in the arrangements, are satisfactory and robust. The issue is the one identified by the noble Baroness opposite: data security. I agree with her that we want to be as clear as possible about this.

I know the register will be separated into Part 1 and Part 2, the latter for those children who could be placed in a fostering-for-adoption placement, which is sensible and important. I simply want to make two points. One is about the consultation. Although the Minister said it was a full public consultation, there were only 41 responses to this. Given the importance of this measure, that is a very low level of response. I wonder if that is because, as the Secondary Legislation Scrutiny Committee has pointed out, there were only six weeks for this consultation over a very busy bank and public holiday period from the end of February through to April, taking in Easter and so on. That is important, and I would be grateful if the Minister could comment as to why it was only six weeks, when the normal period of 12 weeks might have got more responses and more helpful pointers from respondents.

My second set of points concerns the pilots. This is extremely important, as the Minister said, not only to ensure that the systems work, but to see if we can garner any further information about the outcomes for children from this approach. Nine months is not a terribly long period to see what happens to children as a result of adopter-led access to the register. I do not know, but there may be unintended consequences of adopter-led adoption. Surely we would want to know, for instance, if—relatively—more of these matches instigated by adopters either failed or were more successful. I have looked carefully at the explanatory notes that set out the scope of the pilot, which I think should be made a little wider, looking not just at the actual matches but at what happens to the inquiries by adopters in relation to particular children. How many of them actually lead to a match, and how many are stopped in process by social workers for whatever reason? Can we extend the remit of the pilot, so we get under the skin of what is happening before the whole facility for access goes live nationwide?

Thirdly, I have a thought. I have great respect for both the Department for Education and for the BAAF, but I wonder if there was merit in this pilot being evaluated independently, and not by either the department or the BAAF, which are obviously responsible for its administration. But I broadly very much welcome the measure, and look forward to seeing the results of the pilot.

[Lord Nash]

I am grateful to noble Lords for their comments. Turning to the points raised by my noble friend Lady Tyler, I reiterate a few points and add a few more on the safety front. Of course the safety of children—and of adopters—and the privacy of their information is paramount. The pilot will be subject to stringent independent accreditation to ensure that any risks are managed appropriately. It will be run by the BAAF, which has a very good record of this, as I said. Section 129 of the Adoption and Children Act 2002 sets out that wrongful disclosure of information on the register is punishable by a fine of up to £5,000 and up to three months in prison. Information that approved adopters will be able to access about children will not enable them to make any direct approaches. All approved adopters must give written confirmation that they will keep their password safe and will be reminded of their data protection duties. If they do not use the register within a fairly short period, they will not be able to continue to access it. We will have a pretty close idea who has access to the register at any time.

The noble Baronesses asked about the number of adoptions made. It is early days. There is good evidence from the States. We know that one-fifth of matches are made through exchange days. In answer to the point made by the noble Baroness, Lady Hughes, I can say that we will analyse in detail the experience of these matches to make sure we improve matching and for what we can learn. I pay tribute to her party for introducing exchange days in the first place.

The real driver here is to try to speed up the process. The evidence is clear that every year that children fail to be adopted reduces their chance of being adopted by 20%. We must be very mindful of the damage to those children during that time.

On the length of the consultation, I should say that we published indicative regulations five months before the consultation began, so we thought it was long enough.

I hope I have answered all the points that noble Lords made. I can think of no better way of concluding our discussions today than by quoting an adopter who visited an exchange day. The adopter said:

“For the first time, these children featured in magazines were suddenly real and we could potentially be their new forever parents… I don’t think I would have approached some of the children just by reading their profiles or seeing a picture… It was a very effective way of dispelling some preconceived ideas or anxieties about children waiting for placement”.

Motion agreed.

Education: Citizenship Studies

Lord Nash Excerpts

Monday 30th June 2014 Lords Chamber

[Lord Cormack]

To ask Her Majesty’s Government what plans they have to increase the emphasis on citizenship studies in the school curriculum.

[The Parliamentary Under-Secretary of State for Schools (Lord Nash) (Con)]

My Lords, I am delighted to be able to say that this Government have retained citizenship education as part of the new national curriculum. From September this year it includes an improved programme of study for citizenship education at key stages 3 and 4. This new programme of study will equip young people with the skills and knowledge to explore a range of issues and help them to take their place in society as responsible citizens.

[Lord Cormack (Con)]

My Lords, I am grateful for that reply. Can my noble friend assure me that citizenship will have a central place in the curriculum, particularly in the last two or three years before children leave school? Will he ensure that, whether it is busking or otherwise, they have the opportunity for community service during that period? Will he give further thought to the idea that I have put to him on many occasions that there should be a citizenship ceremony when pupils leave school so that they can acknowledge publicly their responsibilities as well as their rights?

[Lord Nash]

I absolutely agree with the noble Lord that citizenship is important and I know that he is a passionate supporter of it. Many schools have ceremonies for awards and the new citizenship programme of study requires active participation. I would certainly encourage schools to consider adopting the noble Lord’s idea if they do not already reward good citizenship. Certainly it will help them demonstrate that they are promoting British values. However, it is not this Government’s style to mandate such a thing. In addition, the Government’s National Citizen Service for 16 and 17 year-olds gives young people a chance to develop skills such as volunteering and social action projects. I was delighted to see that the IPPR report published at the weekend was so supportive of the National Citizen Service and that we seem to have achieved cross-party support for it.

[Baroness Lister of Burtersett (Lab)]

My Lords, does the Minister agree that a good way of consolidating citizenship education would be to extend to young people at the age of 16 the right to vote so that they can apply at the ballot box what they have learnt and, it is to be hoped, get into the habit of voting?

[Lord Nash]

I do not agree with the noble Baroness on that.

[Lord Flight (Con)]

My Lords, do citizenship classes include the proper teaching and understanding of not only how Westminster works but how local government, the United Nations and the EU work? In my time at school that was a part of it.

[Lord Nash]

They are supposed to include democracy, the electoral system, government, human rights and international law.

[Lord Singh of Wimbledon (CB)]

My Lords, citizenship generally suggests teaching conforming behaviour, which is important. However, does the Minister agree that the teaching of conforming behaviour is not quite the same and needs to include the teaching of ethical values of right, wrong and responsibility, which can sometimes— and sometimes should—challenge conforming behaviour?

--- Later in debate ---

[Lord Nash]

I agree entirely with the noble Lord. I would hope that in a school with a proper syllabus on this these were not contradictory. Certainly Ofsted should look at this in inspecting spiritual, moral, social and cultural development.

[Baroness Royall of Blaisdon (Lab)]

My Lords, too many of our young people do not vote, which is understandable when they are not taught about our political system and our system of governance. The Minister mentioned citizenship lessons but the fact of the matter is that they are not compulsory. As the noble Lord, Lord Cormack, said, they should be a compulsory element in all schools including academies and free schools. What plans does the Minister have to ensure that there is a fully qualified citizenship teacher in every school?

[Lord Nash]

I am a little confused about the Labour Party’s attitude on compulsory subjects in the national curriculum. I thought that its study group had proposed that all schools should be free not to teach the national curriculum, but I will not attempt to keep up with this flip-flopping. We do not agree that it should be mandatory. A lot of people want to have subjects made mandatory in the curriculum but there is not room. Schools must teach citizenship at key stages 3 and 4. They must also teach about spiritual, moral, cultural and social responsibility and British values. The curriculum includes all the institutions to which the noble Baroness referred.

[Lord Phillips of Sudbury (LD)]

My Lords, I declare an interest as the founder and president of the Citizenship Foundation. I say to my noble friend that while he paints a very rosy picture of citizenship, at the moment less than 2% of pupils take citizenship education at GCSE. The free schools and academies do not have to teach it at all and Ofsted does not extend to citizenship in schools, while the Government have withdrawn bursaries for young teacher trainers to teach citizenship education. In the light of the statistics and the general sense of gloom in the citizenship community at the moment, will my noble friend please go back to his Minister and seek to do something about what has happened to citizenship education over the past two or three years?

[Lord Nash]

Ofsted reported last year that it found that in primary schools citizenship was “thriving” and that in secondary schools the quality of citizenship education was stronger than in its 2010 survey. It also found that head teachers recognised the rich contribution the subject makes to pupils’ learning, their personal development and the ethos of the school. We have substantially improved the citizenship curriculum from the previous, rather issues-based, syllabus and we are now enhancing the requirement to teach about British institutions and values.

[Lord Elton (Con)]

Will my noble friend take into account the enormous change that has come over our society since the middle of the last century, at which stage the lifeblood of the country flowed through the churches, cathedrals, mosques, meeting houses, temples and synagogues? The actual morality that was the underpinning fabric of good citizenship could not escape people because it was put before their eyes every week. Now that that has gone, will my noble friend talk to his colleagues in other departments to ensure that there is a link between citizenship and practical experience of the teaching of all-faith religious knowledge? That way, people will understand what it is we want them to do.

[Lord Nash]

My noble friend makes a very good point. I believe that all schools should teach about all religions and about respect for all religions. However, I will take his point back.

[Baroness Howe of Idlicote (CB)]

My Lords, does the Minister agree that one area that could be encouraged is parenting? I do not just mean good relationships with your own parents but what your future children are going to need, by way of skills, to be good parents themselves.

[Lord Nash]

I agree entirely with the noble Baroness. Parenting skills in this country are, in many cases, sadly lacking but it is not easy to dictate to parents, even young parents, how to do that. However, all good schools certainly seek to engage with their parents not just about their children’s education but, bluntly, to improve the education of the parents themselves.

[Baroness Farrington of Ribbleton (Lab)]

My Lords, in making rather sweeping asides about the Labour Party’s policy, will the Minister please accept that there is a world of difference between laying down what children ought to learn as part of the curriculum and getting into the dangerous area of politicians deciding which books to teach the curriculum from?

[Lord Nash]

I would agree entirely with the noble Baroness except that I think it is a sad reflection on a country with as rich a literary history as we have that more than 90% of essays written for GSCE English literature are on three books.

[Lord Harris of Haringey (Lab)]

My Lords, is not one of the most important forms of citizenship being able to save your fellow citizens’ lives? Why, then, do only 21% of schools provide training in first aid—it is even fewer in CPR techniques—given that there are 60,000 events of cardiac arrest around the country as a whole? Why not include that in the national curriculum both to encourage the better health of individuals and to give the young people concerned greater reliance and greater confidence?

[Lord Nash]

Of course first aid is very important, and schools are free to teach that. Again, we have another bid for what is mandated in the national curriculum. We have to have some priorities, but of course health and safety is very important.