Schools: Gardening

Debate between Lord Nash and Countess of Mar

Monday 24th April 2017 Lords Chamber

[Lord Nash]

The noble Baroness has wandered slightly off my brief, but I will take this back. Of course, the Government are developing a 25-year environment plan to achieve our manifesto commitment to be the first generation to leave the natural environment of England in a better state than we found it.

[The Countess of Mar (CB)]

My Lords, there is an amazing pool of ignorance among children and young people as to where their food comes from. I am not talking about vegetables in this case but milk, eggs, cheese and meat. In most cities there are now city farms, and farms are very willing to accommodate children and young people to show them where their food comes from, so would the Minister encourage this practice?

[Lord Nash]

Most certainly. It is absolutely essential that children are taken out of their environment. I know that there is now Oasis’s city farm in Waterloo. There is also a very good organisation called Jamie’s Farm which a number of schools send children to so that they learn about farming, crop growing and animals and vegetables.

Schools: Substance Abuse Education

Debate between Lord Nash and Countess of Mar

Monday 2nd February 2015 Lords Chamber

[Lord Nash]

I agree with my noble friend—it is very unfortunate terminology—but I do not think that our determination is any different.

[The Countess of Mar (CB)]

My Lords, many young people in schools have parents who are already drug abusers. Is any special pastoral care—and, in particular, guidance—given in schools to children of these parents?

[Lord Nash]

I mentioned the troubled families programme. Families affected by substance misuse are at the heart of our drugs strategy, which commits to support those with the most complex needs. I think it is true that the troubled families programme has been extremely successful.

Academies: Special Educational Needs

Debate between Lord Nash and Countess of Mar

Tuesday 16th December 2014 Lords Chamber

[The Countess of Mar (CB)]

My Lords, does the noble Lord agree that virtual academies provide a very valuable service for children who are unable to attend school by giving them online and blended learning? Perhaps I may also say how grateful I am to his department for incorporating this in the latest Bill.

[Lord Nash]

The noble Countess is quite right in that regard: for certain pupils, virtual learning is very appropriate.

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

Debate between Lord Nash and Countess of Mar

Monday 28th July 2014 Grand Committee

[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.

Children and Families Bill

Debate between Lord Nash and Countess of Mar

Tuesday 28th January 2014 Lords Chamber

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

My Lords, I thank the noble Baroness. The answer to the noble Countess’s question is that it will be. After Report, we plan to put it into Third Reading. I am very happy for her to discuss that further with officials so that we are satisfied on that point.

[The Countess of Mar]

I am very grateful to the noble Lord. I am pleased to have had it made clear. On that basis, I beg leave to withdraw the amendment.

Children and Families Bill

Debate between Lord Nash and Countess of Mar

Wednesday 6th November 2013 Grand Committee

[Lord Nash]

My Lords, I shall speak to this group of amendments on the SEN code of practice for 0 to 25 year-olds. I thank the noble Lord, Lord Low, the noble Baronesses, Lady Hughes and Lady Jones, and my noble friend Lady Sharp for tabling these amendments and raising this important matter. I am also grateful to all noble Lords who have spoken. I have listened carefully, and it is important that we ensure that there is a good understanding of and confidence in the code of practice. It is vital to the success of the new system. I hope I can reassure noble Lords in my response.

Turning first to Amendment 206 tabled by the noble Lord, Lord Low, we are in complete agreement with the intention behind it. I think all noble Lords would agree that if the new code of practice is going to be a useful document and one which parents, young people and professionals can work with it needs to communicate its meaning clearly and be readily available. While any document which has to describe the law accurately may contain some text which has to be read twice, the department has striven to make the draft code as easy to read as possible.

We trust that we have abided by the principles of plain English as much as possible, and I am grateful to my noble friend Lady Sharp for her comments, which I will pass on to all officials who have been involved in its drafting. However the draft code is currently out to consultation, and we are keen to receive suggestions for making any parts of the text easier to understand and will look carefully at any text which readers say they find difficult. Noble Lords may be aware that the current code of practice is accompanied by a Plain English Campaign Crystal Mark publication Special Educational Needs (SEN)- A Guide for Parents and Carers. We intend to publish a similar document for parents and young people along with the new SEN code of practice.

Turning to the second element of this amendment regarding the availability of the code on the internet, publication on the internet is now the department’s main method of publication, and I can reassure noble Lords that the new code will be available on the internet. We will also make sure that the code, like the consultation draft, is published in a web-accessible format, so that, for example, readers with visual impairments will have access to it.

I now turn to Amendments 207, 208 and 209 which relate to Clause 68, which is headed,

“Making and Approval of Code”.

The SEN code of practice is fundamental to the SEN framework and the noble Lord, Lord Low, is right to raise the issue of its approval, an issue which I know is of great importance to SEN organisations and many noble Lords. As noble Lords will be aware, ahead of the introduction of this Bill into the other place, the Education Select Committee carried out pre-legislative scrutiny on Part 3. One of the recommendations of the committee was that the code should be approved by Parliament through the negative procedure. We were in agreement, fully recognising the importance of parliamentary scrutiny of the code of practice, and we accepted the Select Committee’s recommendation. Indeed, we are now going further in response to a recommendation from the Delegated Powers and Regulatory Reform Committee. We have tabled Amendments 210 and 211 to ensure that on the first occasion the new code is approved, it will be through the affirmative procedure, and for subsequent revisions, it will be through the negative procedure, recognising the significance of the new code in reflecting the new legal framework we have been debating.

[The Countess of Mar]

My Lords, I admit to being a member of the Delegated Powers and Regulatory Reform Committee. Will the Minister explain why he has rejected an affirmative instrument in the second case?

[Lord Nash]

I am grateful for the noble Countess’s question. I shall explain. On 24 October, the DPRRC published a subsequent report in response to the Government’s Amendments 210 and 211 which reaffirmed its recommendation that the code should be approved by affirmative procedure on the first occasion and whenever it is revised.

We are in complete agreement with noble Lords on the importance of the SEN code of practice, particularly to parents, and I understand why the supporters of this amendment want to maintain the current arrangements for approval. I would like to set out why we do not think that this would be in the best interests of those who use the code, and why we think it vital that we keep the ultimate users of the code in mind during this debate.

Children and Families Bill

Debate between Lord Nash and Countess of Mar

Monday 28th October 2013 Grand Committee

[The Countess of Mar (CB)]

My Lords, briefly, I want to clear up a misconception that both noble Baronesses, Lady Walmsley and Lady Brinton, seem to have. Online and joined-up learning is available to schools because we have it for children with ME. I shall speak about it more on my amendment, but I want the Committee to know that local authorities can provide it.

[Lord Nash]

My Lords, I shall speak to Amendments 74, 127 and 217 regarding severely bullied children and the education of children unable to attend a mainstream school. I thank my noble friend Lady Brinton for raising the important issue of bullying and the needs of young people who are bullied. As the noble Baroness, Lady Jones, said, my noble friend has been a great advocate for children and young people whose lives have been blighted by bullying. Bullying in any form and for any reason is totally unacceptable and should never be tolerated in schools. Bullying can instil fear, damage self-esteem and reduce academic attainment. We have a considerable campaign in place to combat cyberbullying, which, as my noble friend Lady Walmsley mentioned, can be particularly unpleasant. As our reforms work their way through the school system, and behaviour management strategies improve—as I believe that they are substantially in schools across the country—that should help in this regard.

The amendments broadly cover three areas: a call for bullying to be defined in law; measures to prevent bullying happening in the first place and to tackle it when it does; and provision for those who are the victims of bullying, particularly those who are severely bullied.

The definition of bullying outlined in Amendment 74 suggests that bullying will involve an “imbalance of power” and is repeated behaviour that causes physical or mental harm. These elements are likely to be involved in many instances of bullying, but not all of them. The definition of severe bullying outlined in the amendment refers to behaviour that affects children so severely that they suffer trauma and psychological damage. There is a risk that that could cause confusion for schools, because the same bullying activity could be treated differently according to the effect that it has on the victims, rather than the act itself. Although we acknowledge that the support should take account of the effect, it is important that there is consistency in how schools manage the behaviour of pupils.

There will always be exceptions to whatever definition is put in place, which is why we consider that these matters are best placed at the discretion of head teachers and teachers. We outline what constitutes bullying in our advice to schools and we consider that that is the best place to do so, rather than through a strict definition in law. A legal definition could, among other things, rule out behaviour that common sense might suggest is bullying but may not be captured by a law.

Turning to my noble friend Lady Brinton’s point about guidance being in one place, it is of course important that guidance is practical and manageable for those using it. We are very happy to look at how the different pieces of guidance fit together and cross-refer, in particular, in the current consultation on the code.

Turning to preventing bullying in the first place and tackling it when it does, as different schools face different issues, we do not want to prescribe specific anti-bullying strategies. Instead, we want to allow schools and local authorities to address bullying in the light of the needs and circumstances of their schools and their pupils. I believe that our current position provides the right balance between requirements in law, flexibility for schools and strict accountability.

All schools must have a behaviour policy with measures to prevent bullying. It is up to them to develop their own strategies, but they are now clearly held to account for their effectiveness in doing so by Ofsted. Since 2012, it has been a requirement for school inspectors to take into account issues relating to bullying, harassment and discrimination. In addition, we provide schools with advice, with links to several anti-bullying organisations for specific advice.

Turning to provision for children who are bullied, the starting point should be the needs and welfare of children and young people and the state of their mental and emotional health. Schools and local authorities should provide support in a proportionate and tailored way to meet their needs. The new draft SEN code of practice considers that developing a graduated response to the varying levels of SEN among children and young people is the best way to offer support, and this can include the needs of bullied children. There is no separate legal status of a temporary statement. However, local authorities and schools are free to use key elements of the statementing process to make local arrangements.

The causes that affect the well-being of children and young people will be relevant to how those needs are best addressed, but are not the best guide to the level of need. A child’s well-being could be severely affected by a variety of things, including bereavement, family upheaval or severe bullying. It could result from a range of factors that taken in isolation a child could cope with, but taken together have a severe impact. It is important, therefore, to avoid creating a hierarchy of causes and prescribe what the response should be.

Schools know their pupils. They are alive to changes in behaviour, character and attendance. They should offer support quickly, based on the need they identify, and there is a wide range of options that they should consider, from asking the pastoral team to keep an eye out to providing formal counselling, engaging with parents, referring to local authority children’s services, completing a common assessment framework and referring to child and adolescent mental health services, including whether to assess for SEN. The circumstances that my noble friend describes will often need swift support. An EHC plan is intended for those with the most challenging, complex and long-term needs. This is reflected in the amount of time that it will take to deliver an EHC plan—a maximum of 20 weeks under the reforms. In many cases, offering a child or young person SEN support in the first instance will be much more appropriate, and faster. Giving a child or young person an EHC plan is a significant step and may not be necessary.

No child should ever be forced out of school because of bullying. In extreme cases, it may be necessary to make other arrangements so that a bullied child can access the good education they deserve.

In response to the concerns raised by Amendment 127, I should reinforce that local authorities already have a duty to arrange suitable education for any child who would not otherwise receive it. Suitable education is defined as,

“efficient … education suitable … to the child’s age, ability and aptitude, and … to any special educational needs the child may have”.

The duty covers all compulsorily school-age children who are not receiving suitable education. This could include pupils who are unable to attend a mainstream school because of bullying, but it is not limited by the reasons for a child being unable to attend school.

The duty is also not limited by the length of time a child will be missing education. For example, statutory guidance on the education of children unable to attend school because of health needs states that alternative arrangements should be put in place for children missing 15 days of school or more, whether consecutive or cumulative.

Separate statutory guidance on alternative provision, issued in January this year, sets out that parents, pupils and other professionals should be involved in decisions about the use of alternative provision. It also states that there should be clear objectives and arrangements for monitoring progress.

My noble friend Lady Brinton made a point about the shortage of alternative provision. I am delighted to tell her that already, under the free schools programme, we have approved 33 new alternative provision providers. So far as Red Balloon is concerned, I have met Carrie Herbert. I have initiated conversations between her, the department and the New Schools Network, and I hope that she has taken on board what they have said about any future applications she may make under the free school proposals. However, I cannot help but wonder whether such a bid, if successful, would be allowed under a Labour Government, as it would be not a parent-led academy but a free school run by professionals, as indeed are most AP schools and special schools.

I should like to consider and investigate further the point about disincentives made by the noble Baroness, Lady Morris, who I know is very experienced in these matters.

I hope that I have been able to reassure the noble Baroness that we are deeply concerned about bullying and bullied children. We have measures in place to prevent and tackle bullying, and the safety net she is seeking for pupils who are unable to attend school is already in place. I therefore urge her to withdraw her amendment.

Children and Families Bill

Debate between Lord Nash and Countess of Mar

Monday 14th October 2013 Grand Committee

[The Countess of Mar (CB)]

My Lords, I listened to the noble Lord very carefully. I note that the amendment of my noble friend Lord Listowel refers to,

“independent advocacy for the child in relation to any decision making meeting in the course of section 47 enquiries”.

I have a lot to do with young people who have ME. In many cases, not even the parents are invited to the decision-making meeting, and the children are never consulted. Can the noble Lord reassure me that this will not occur in the future? One particular charity, the Times Trust, has dealt with 90 such cases in the past 12 months, and each time the parents and the children are ignored—the decisions are made over their heads.

[Lord Nash]

I hear what the noble Countess, Lady Mar, says. They should be consulted and Ofsted should inspect that again. However, we will write to the noble Countess on this matter.