Schools Update: National Funding Formula

Debate between Lord Nash and Lord Lucas

Thursday 14th September 2017 Lords Chamber

[Lord Lucas (Con)]

My Lords, would my noble friend not agree that what the Opposition Front Benches meant to say was that they are immensely grateful to this strong and stable Government for grasping the nettle and making a reform that they jolly well should have made when they were in power?

[Lord Nash]

Well, it is true that we are the first Government who have actually done this. It is not easy and I pay tribute to the officials in the Department for Education. They tell me that they have been working on this for at least 10 years, as I am sure the noble Lord, Lord Knight, knows, and are personally delighted that it has happened.

Technical and Further Education Bill

Debate between Lord Nash and Lord Lucas

Report stage (Hansard): House of Lords
Monday 27th March 2017 Lords Chamber

[Lord Nash]

My Lords, I thank noble Lords for tabling the amendments, which relate to careers. I have to say I am still struggling with the concept of the noble Lord, Lord Watson, being the meat in anyone’s sandwich. He is a pretty tough piece of meat, based on my experience of sitting opposite him at the Dispatch Box. That is meant as a compliment, actually.

On Amendment 8, tabled by my noble friend Lord Lucas, Clause 2 requires schools to ensure that there is an opportunity for a range of education and training providers to talk directly to pupils about the technical education qualifications and apprenticeships that they offer. The amendment is intended to ensure that such access is extended to people who represent groups of providers, such as women in construction or manufacturing. I remember attending an event held for women in manufacturing in your Lordships’ House a few years ago. I agree that we need a degree of flexibility so that pupils hear from the person best placed to inform them about the opportunities on offer. I recognise that in some cases that may not be the provider itself but perhaps it could be an ambassador, an employer or a member of a trade association or representative body, speaking on behalf of a number of small providers.

We will publish statutory guidance that will set out more detail and make it clear that we do not wish to impose unnecessary constraints. We are placing the onus on the school to develop their own arrangements for provider access, including agreeing with providers who will attend to talk to pupils. Clause 2, both as drafted and as we intend to clarify in underpinning statutory guidance, already provides for persons acting on behalf of a number of providers to access pupils. To get really technical and legal for a moment, I queried this in terms of statutory interpretation. The legal authority for our decision to resist the amendments is found on page 1019 of Bennion on Statutory Interpretation:

“Where an enactment refers to a person it is usually taken as intended to include that person’s agent authorised either expressly or by implication”.


The earliest legal authority on this is R v Symington (1895) 4BCR 323. It follows that the words “on behalf of” in the statute would not be needed to allow a person to act on behalf of providers.

Turning to the very good point made by the noble Baroness, Lady Morris, regarding the amendment from my noble friend Lord Baker, it is certainly clear to me, and my officials have confirmed this, that the obligation on the school is to ensure that there is an opportunity for a range of education and training providers to access pupils, that they must prepare a policy statement and that that statement must include, for example, grounds for granting and refusing requests for access. Obviously it must be at the discretion of the head; if he feels that the people coming along are, frankly, not of quality and are not going to give their pupils the right advice, then it must be within the head’s remit to refuse access, provided that he is providing a range of education and training providers and has some other alternative that is better.

Amendment 9 is also in the name of my noble friend Lord Lucas. It is intended to ensure that the policy statement produced by every school will set out the circumstances in which both providers and persons acting on their behalf will be given access to pupils. The current provisions already allow for such persons to talk to pupils. As I said, we will publish statutory guidance which makes this degree of flexibility explicitly clear: the onus is on schools to liaise with providers to agree who is best placed to talk to them.

Turning to Amendment 17, which deals in more detail with Ofsted and careers advice, careers advice is a vital part of the role that every school and college must play in preparing students for the workplace. I agree entirely with the noble Lord, Lord Storey, that careers advice should start in primary school. Primary Futures does excellent work in this regard. I also agree with the noble Lord, Lord Aberdare, that the Careers & Enterprise Company, in which we are investing considerable money—£90 million—has made an excellent start.

However, the quality of the careers offer is considered carefully by Ofsted when conducting standard inspections of FE colleges. Therefore, the amendment is unnecessary. Matters relating to careers provision feature in all four graded judgements made by Ofsted inspectors. First, in judging leadership and management, inspectors take account of the extent to which learners receive thorough and impartial careers guidance to enable them to make informed choices about their current learning and future career plans. Secondly, in judging the quality of teaching, learning and assessment, inspectors consider how far learners are supported to develop their employability skills, including appropriate attitudes and behaviour for work. Thirdly, in judging students’ personal development, behaviour and welfare, inspectors consider how learners benefit from purposeful work-related learning, including external work experience. Finally, in judging outcomes, inspectors consider information about students’ destinations and the acquisition of the qualifications, skills and knowledge that will help them to progress.

Ofsted also evaluates the education and training provision offered by the college, including 16 to 19 study programmes, apprenticeships and traineeships. In making these judgments, inspectors consider the extent to which each type of provision offers tailored careers advice and work experience opportunities to students and develops their employability skills. Noble Lords made some good points about Ofsted’s approach to that, and I will certainly discuss that further with Ofsted shortly. However, I hope that what I have said about its obligation framework reassures my noble friend that colleges are held to account properly for the quality of their careers provision and that he will be able to withdraw the amendment.

[Lord Lucas]

My Lords, I am very grateful to my noble friend for his short CPD session, which I hope I shall manage to remember and will rehearse later in Hansard. Given that, I beg leave to withdraw the amendment.

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[Lord Nash]

My Lords, I am grateful to my noble friend Lord Lucas for this amendment, the effect of which would be to require each group of persons who develop a standard to consider whether an existing qualification ought to be included within it. Occupational standards will form the basis of both apprenticeships and technical education qualifications, and need to be suitable for each of them. The standard should include the knowledge, skills and behaviours needed to form the basis of either an apprenticeship or a technical education qualification. Including existing qualifications in addition to the knowledge, skills and behaviours would cause complications when technical education qualifications are being developed using the standard.

One of the core principles of the apprenticeship reforms is to move away from qualifications. Under the framework model, apprentices collect a number of small, often low-quality, qualifications throughout their apprenticeship which often do not give employers much reassurance about apprentices’ ability to do the job. By moving to a single end-point assessment, the apprentice will be tested on the knowledge, skills and behaviours set out in the standard and their occupational competence to do the whole job, not just a small section of it.

This amendment does not require the inclusion of qualifications in standards but it is moving the approach back towards the system that we are moving away from. Although it is no doubt something that the awarding bodies would welcome, it could actively encourage employer groups to include qualifications where they may otherwise not have done so. That is likely to be contrary to the Government’s strategic guidance for the institute. However, I can reassure my noble friend and the House that in occupations where there is a qualification that is needed for an apprenticeship—for example, to achieve a professional status—they will not need to be prompted by this Bill to consider its inclusion in the standard, which is permissible as long as they meet set criteria for an exception. This is in line with the employer-led nature of the reforms. We therefore believe that this kind of direction is not needed in such a system. I hope that my noble friend will feel reassured enough on the basis of my explanation to withdraw this amendment.

[Lord Lucas]

My Lords, I am mostly comforted by my noble friend’s reference to employer-led matters. If that indicates that if employers want a qualification and fight hard enough they will get it, that seems to me satisfactory. Therefore, I beg leave to withdraw the amendment.

Technical and Further Education Bill

Debate between Lord Nash and Lord Lucas

Committee: 2nd sitting (Hansard): House of Lords
Monday 27th February 2017 Grand Committee

[Lord Nash]

My Lords, these government amendments will allow the Secretary of State to make sure that the data-sharing gateway in new Section 40AA remains fit for purpose through regulations. The regulations can include persons to whom the institute can disclose information or who can disclose information to the institute, and the functions about which the information may be disclosed. New Section 40AA will establish data-sharing gateways between the institute and Ofsted, Ofqual, the Office for Students or any other person set out in the regulations. There is already a separate provision for the institute to share information in relation to its own functions.

The bodies with which the institute is likely to need to co-operate and share information to do its job effectively are expected to change over time. That is particularly important given the reforms in higher and technical education. For example, the Quality Assurance Agency will not be named specifically in legislation and the quality arrangements in that area may change over time. It will be important to ensure that the institute can work effectively with whatever body is designated in that case, as well as any other bodies which take on roles in relation to education and training. All the disclosures under the gateways take precedence over any non-statutory restrictions, but they would be subject to all the important safeguards in the Data Protection Act 1998.

I reassure noble Lords that I am, however, absolutely mindful of the need to ensure full parliamentary scrutiny each time the Section 40AA power is used. Although not common in relation to similar regulations, where the negative procedure will be used, it is proposed that these regulations will be subject to the affirmative procedure. In view of this, I hope that noble Lords will accept this amendment.

[Lord Lucas]

Will the DfE be able to access this data, for instance to try to understand what history at school leads to what sort of performance in technical qualifications and apprenticeships?

Technical and Further Education Bill

Debate between Lord Nash and Lord Lucas

Committee: 1st sitting (Hansard): House of Lords
Wednesday 22nd February 2017 Grand Committee

[Lord Lucas (Con)]

My Lords, I am grateful to my noble friend for that answer, but could he enlarge on what he said about how parents can have the confidence to encourage their child to do an apprenticeship? As I understand it, the IFATE is the body that will say whether an apprenticeship has been set up right. I would be grateful for my noble friend’s thoughts on how many such apprenticeships it has to cover, how often it will review them and what staff it intends to allocate to that job. I will come back to this frequently, because I am astonished that the IFATE thinks that it can do its work with 80 people.

Secondly, am I right in thinking that the IFATE also looks at the design of delivery—the whole process by which an apprenticeship will be delivered? Over how many instances of that does it think it will have oversight and what resources does it intend to devote to it? What burden of work does the IFATE think it has in this area and with what regularity does it expect to carry out its reviews?

Perhaps my noble friend could also enlarge on what he said about Ofsted. Ofsted is a pretty variable visitor to schools. To some it will come every six months and to others it will come every 16 years. Given that we are in a pretty unmapped part of the world, I hope that the Government are budgeting for fairly frequent Ofsted inspections to enable the reputation of this area to grow quickly. I would be grateful if my noble friend could tell me what Ofsted is planning in terms of the number of visits that it intends to make a year and the average frequency with which it expects to visit providers.

[Lord Nash]

I will write to my noble friend about that.

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[Lord Lucas]

My Lords, I support what my noble friend has said. The Government are creating a very powerful body. It will own the intellectual property in all the technical qualifications for the routes described in the Bill. There will be no other institution with any long-term interest in evolving or maintaining those qualifications or in developing a name and a reputation that parents and others can rely on. Below the Institute for Apprenticeships and Technical Education, we have a series of short-term contracts. City & Guilds—I sit on its council, which everyone knows is nothing, but at least indicates affection—will disappear at this level. There will be no City & Guilds qualifications; they will become qualifications of the institute for apprenticeships. City & Guilds, being a charity, may bid for a seven-year contract to be an awarding organisation or to look after one or two of the routes, but it will not be awarding City & Guilds qualifications, rather it will just provide a function for the institute.

We are creating something much closer to the German model. We are losing what remains of the lodestars that the British Computer Society, City & Guilds and others have been providing in terms of the name and quality of their qualifications and replacing them with a new structure. This structure needs to be more powerful and conscious of its role than it is described as being in the Bill. I would like to see the Government follow the logic of what they have produced in the Bill and create a creature which is capable of the long-term responsibilities being placed upon it. It may be that the Government need to acquire City & Guilds, which is after all a quasi-government organisation anyway. Perhaps they need to take it on board to provide the strength, history, continuity and the people needed to run the sort of thing that is being set up in the Bill, or at least to provide the engine for it. I do not see how dispensing with all that the good awarding bodies have created and providing a structure which does not have the power to do what is necessary is a safe way of proceeding with a very important part of our education system.

[Lord Nash]

My Lords, I am grateful to the noble Lords, Lord Watson and Lord Hunt, and the noble Baroness, Lady Garden, for the four amendments in this group. They address important issues relating to the Institute for Apprenticeships and Technical Education and, in particular, what functions it will have. I will address my remarks only to these four amendments and will start by responding to Amendment 6. Ensuring that new further education institutions provide high-quality provision is of course of the utmost importance. Through the area reviews process for the further education sector, we are also putting the sector on a secure financial footing by ensuring that the provider base matches student demand.

However, the institute is to be established with a very specific remit in relation to the quality of reformed apprenticeships: to set the quality criteria for the development of apprenticeship standards and assessment plans; to approve or reject proposed standards or plans and review them periodically, as appropriate; and to ensure that all end-point assessments are quality assured, including the potential to quality assure them itself. It will also advise the Government on the maximum level of government funding available for each individual apprenticeship standard. And, of course, the proposals in this Bill seek to extend its functions to technical education qualifications and related matters. It has no role at all, and is not expected to have a role, in relation to the authorisation of new further education institutions, even those that will deliver technical education qualifications in the future. It is therefore not appropriate to make this amendment to the Bill in the light of the expected remit of the institute.

I turn to Amendment 8, for which I am grateful to the noble Baroness, Lady Garden, and I wish her a happy birthday.

Grammar Schools

Debate between Lord Nash and Lord Lucas

Thursday 8th September 2016 Lords Chamber

[Lord Nash]

I entirely agree with the noble Baroness about alternative provision and PRUs. We have in fact created many more alternative provision free schools. There are some excellent examples in London—for example the TBAP free school in Fulham—and we are looking more closely at this area to improve alternative provision. We are also keen to make sure that provision for pupils with SEN and behavioural difficulties in all schools and academies can be well accommodated.

[Lord Lucas (Con)]

My Lords, we have a policy which we fought extremely hard for—that every child has a right to an academic education. We need a very high proportion of our pupils to be academically excellent. How on earth does a grammar school policy fit with that?

[Lord Nash]

We have had a very strong drive over the last six years of improving academic quality in the curriculum. I reminded the House recently that sadly, in 2010, only one in five pupils in state schools was studying a core suite of academic subjects—something that would be regarded as basic fare in most successful education jurisdictions and in any independent school. Through EBacc we doubled the number of pupils doing this. We are determined to see many more pupils doing the EBacc and doing a core suite of academic subjects. It gives disadvantaged pupils in particular the cultural capital they need, as they do not get that at home. We have been very focused on improving the academic achievement of all our pupils.

Education and Adoption Bill

Debate between Lord Nash and Lord Lucas

Thursday 5th November 2015 Grand Committee

[Lord Lucas]

My Lords, the noble Baroness, Lady Sharp, reminds me that there are some very interesting variations within schools when it comes to progress. You get schools where the bright kids make no progress at all, and those where the SEN kids fall backwards while the general level of progress in the school is good. If we are to have a measure of what constitutes coasting, there must be scope for applying it to the school community as a whole and asking for some level of consistency in performance. Not doing well, for instance, by kids on free school meals but doing well by the rest, and on average being okay, is not where this measure should be at. There should be some sense that this is meant to be consistent across the whole school community and that schools should not be boosting one section of the school community and neglecting the rest.

I have a lot of sympathy with the arguments put forward by the noble Baroness, Lady Howarth. That a school should come out of the coasting definition by cutting back on breadth should be discouraged. I can see why it should not be in the definition of coasting, but narrowing down should not be a permissible way to get out of coasting. It is so depressing, going to schools that are narrowly focused on exams. I do not do it often, but it is a grim experience.

Lastly, I will say that someone has sent me a copy of Call Me Dave. If the noble Baroness would like to throw it on the bonfire in Lewes, she can take it.

[The Parliamentary Under-Secretary of State, Department for Education (Lord Nash) (Con)]

My Lords, I will speak to the group containing Amendments 1, 2, 5, 7 and 9, which concern coasting schools, tabled by the noble Lords, Lord Watson, Lord Hunt and Lord Addington, and by the noble Baronesses, Lady Massey and Lady Bakewell. Before doing so, I will say that at the recent Third Reading of the Childcare Bill I wished the noble Baroness, Lady Jones, who has been the Front-Bench spokesman on education throughout my time in this job, well with her new brief. I did not realise at the time that the noble Lord, Lord Touhig, was also leaving the education Front Bench and going back to his old brief of defence, so I would like to take this opportunity to wish him all the best with his new brief. It has been a pleasure working with him.

It has also been a pleasure discussing the Education and Adoption Bill with noble Lords both on and off the Floor of the Chamber. I hope that all noble Lords who attended the meetings with regional schools commissioners, head teacher board members and multi-academy trust chief executives on Monday found it useful. It is refreshing that on the 410th anniversary of the gunpowder plot we can take comfort from the fact that we are no longer a society divided, as our country was 410 years ago, and that there is cross-party support for the central thrust and purpose of this Bill.

As this is the first group of amendments, I hope that noble Lords will permit me to remind everybody of the purpose of this legislation, which is to ensure that every child, regardless of background, has the opportunity to go to a good school. That means dealing with failure swiftly, as a day spent in a failing school for a child is a day of their education lost for ever. We made this absolutely clear in our manifesto, on the basis of which we were elected to government.

So where a school is failing, the legislation proposes that it will become an academy forthwith. Also, for the first time, and as we also stated in our manifesto, we are bringing coasting schools into scope. This is about putting children first. But we must do this in a way which is clear to all and is practicable, and I must say, as I will elaborate, I have some real concerns about the practicality of the amendments proposed to the coasting definition.

Clause 1 of the Bill gives a power to the Secretary of State to make regulations defining which schools will be deemed to be coasting, and therefore eligible for intervention. To assist noble Lords’ scrutiny of this clause, we published draft regulations in June setting out our proposed definition and have also launched a public consultation on the proposed definition. The definition provides a clear and transparent data-based approach. The policy is about identifying schools which are failing to fulfil the potential of their pupils over time. We have therefore consciously chosen to base the definition on three years’ performance data, rather than a single Ofsted judgment or a snapshot of a single year’s results. As noble Lords have said, Ofsted judgments can often be rather backward-looking, excellent though they generally are.

From 2016, primary and secondary schools will be held to account against new headline accountability measures. Given that our proposed definition looks at data over three years, under this definition it would be 2018 before schools have three years of data reflecting these new metrics. It is important that we do not wait until then to tackle coasting schools. So our draft regulations contain an interim measure for 2014 and 2015 which is based on the current headline accountability measures familiar to schools, as well as the measure that will apply from 2016 onwards. A school must be below the coasting bar across three years in order to be deemed to be coasting and to become eligible for intervention.

From 2016, the proposed coasting definition for secondary schools will be based on Progress 8. Progress 8 is a measure which has been well received by schools and head teachers. It is a robust metric, based on the progress a pupil makes in eight GCSEs when compared to pupils with the same starting point. At least five of those GCSEs have to be in English baccalaureate subjects. As the measure compares the results of pupils against those with a similar starting point in other schools, it clearly focuses on whether schools are fulfilling the potential of all their pupils and makes it an ideal metric on which to assess whether a school is coasting—and it moves away from what Tristram Hunt so accurately described as the great crime of the C/D borderline.

For primary schools, we think it is right that the coasting definition includes both an attainment and a progress element. For a primary school to be identified as coasting, it must fall below the bar on both attainment and progress in all three years. Attainment is critical for primary schools as there is an absolute standard which pupils need to reach to be able to make a successful start in secondary school. In 2016, the attainment bar for the coasting measure will be 85% of pupils meeting the new expected standard in reading, writing and maths.

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[Lord Nash]

The noble Baroness is completely right. I have not made myself clear. The progress measure comes in for the first time in 2016. The coasting definition is based over three years. Therefore, for the first year that the coasting definition applies, it can only have the progress measure in for one year, which is why we have these interim measures for 2014 and 2015. In 2018, however, it will all be entirely based on three years’ progress—so we will be entirely focused on progress in secondary schools.

[Lord Lucas]

My Lords, that is not the way the draft reads. It says: if fewer than 60% of school pupils achieve five A* to C grades, including English and maths, and the school has a below median score on progress. To fit in with what the noble Lord is saying, that “and” ought to be “or”.

[Lord Nash]

It applies only to 2014 and 2015—and if it is not clear, we will make it clear in the future.

Amendment 5 requires draft regulations to be laid before and approved by each House before they can be made or updated. I hope that the noble Lord, Lord Addington, and the noble Baroness, Lady Bakewell, will allow me to discuss this important element of the amendment when we reach Amendment 8, which proposes exactly the same approach.

Amendments 2 and 9 propose that academies, alongside maintained schools, would become eligible for intervention, and, in the case of Amendment 2, subject to the statutory intervention powers in the Education and Inspections Act 2006, when notified by Ofsted that they are schools where pupils do not fulfil their potential.

I agree that coasting schools must be tackled—whether it is a maintained school or an academy. But academies are not governed by the statutory framework that this Bill seeks to amend. They are run by charitable companies—academy trusts—which operate in accordance with the terms of individual funding agreements between the academy trust and the Secretary of State. We have already published a new coasting clause for the model funding agreement, as I have said. But I want to reassure the House again that, even where academies do not have this specific clause in their existing funding agreement, regional schools commissioners will assess all academies against the coasting definition. Where academies are identified as coasting, RSCs will assess their capacity to improve sufficiently in just the same way as maintained schools, supporting and challenging them to improve and taking action under their funding agreements where necessary.

RSCs have already shown that they take effective action when academies underperform. Since 1 September 2014, when RSCs came into post, they have issued 58 prewarning and warning notices to academy and free school trusts. In the same period, they have moved 83 academies and free schools to new trusts or sponsors, compared to 13 in the previous academic year.

Amendment 2 would remove the Secretary of State’s power to issue an academy order for a school that has been notified that it is a school in which pupils do not fulfil their potential. While some coasting schools may choose to become academies in order to benefit from the strong governance and support of a multi-academy trust, we have been clear, as I said, that enforced academisation will not be the default solution for all coasting schools. RSCs will want to consider whether a coasting school has demonstrated that it has the capacity to improve sufficiently on its own, and in some cases this capacity will be evident, or it may need advice and support, for example from an NLE, and that may be sufficient to bring about the required improvements.

It is important that RSCs have the discretion to make an academy order where it is clear that a school’s leadership does not have the capacity to improve sufficiently and where the school needs the support of an experienced sponsor in order to fulfil the potential of the pupils. We know that sponsors can bring new life to schools. For example, the City Academy Whitehawk in Brighton and Hove opened in September 2013. The year prior to its becoming an academy, only 39% of pupils achieved level 4 or above in reading, writing and maths at the end of key stage 2. By 2015, the provisional figure has increased to 75%. It would not be right to deny coasting schools this support where it is appropriate.

Amendment 7 would provide the governing body of a maintained school with a right of appeal to the First-tier Tribunal when it considers that the data used to define a school as coasting could have been interpreted in a different way. This amendment is unnecessary. Our clear and transparent data-based definition will not be open to interpretation. Schools will be certain, based on the data, whether they have fallen below the coasting bar or not, but regional schools commissioners are already required by virtue of public law to act reasonably in exercising the Secretary of State’s powers. As I said, they will work with schools to consider all the relevant factors when deciding what action to take.

The draft Schools Causing Concern guidance already includes a number of examples of the type of factors they should consider. As I said, we have been clear that intervention in coasting schools will not be automatic. Nick Capstick, the CEO of the White Horse Federation outlined this clearly when he said:

“It is right that the coasting definition is based on transparent performance measures. It is then clear-cut for schools whether they fall within the coasting definition or not. The majority of schools will therefore be able to carry on free from fear that they suddenly and unexpectedly be judged as coasting”.

I know that noble Lords support our ambition to ensure that all pupils, whatever their background, receive an education that enables them to fulfil their potential. I hope that, following this debate and having seen the detail behind our coasting policy—alongside the proposed coasting definition set out in our recent consultation—noble Lords will be reassured that our approach is the right one.

[Lord Nash]

When we formally intervene, we already publish that information, so it will be in the public domain. In view of what I have said, I hope that noble Lords are reassured that our approach is the right one, and I therefore urge the noble Lord to withdraw the amendment.

[Lord Lucas]

My Lords, despite my noble friend’s fine efforts, I have been unable to torture the words of the draft definition of coasting into the form that he says they take. It is quite clear from the wording here that, taking GCSE as an example, you have to fall below 60% five A to Cs to be considered coasting. It is therefore impossible for any grammar school, however lackadaisical in its teaching, to be considered a coasting school. That is a fundamental fault in the Government’s approach. It is very important that those schools and others which are lucky in their selection of pupils should be eligible for coasting.

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[Lord Nash]

We could go on like this for a long time, but I will talk to the noble Lord, Lord Lucas, outside. The first principle of legal interpretation is to look at whether the wording is clear—I think that it is clear, but we can take this offline.

[Lord Lucas]

My Lords, the Minister is already writing me a letter full of statistics, so I hope that he can include that matter. I am comfortable that he says that a grammar school will be eligible, but I would be very grateful if he could make it clear to me how, given the wording in the draft.

[Baroness Sharp of Guildford]

Will the Minister send the letter round to everybody who has participated in the debate?

Children and Families Bill

Debate between Lord Nash and Lord Lucas

Wednesday 30th October 2013 Grand Committee

[Lord Nash]

I think I can assure the noble Earl, Lord Listowel, that local authorities will be able to include provision such as paired-reading schemes in their local offers. We want to see extensive and helpful local offers that include the full range of provisions to support children and young people with SEN, including support for parents and carers. We are happy to look at the guidance and the code in more detail to ensure that that is absolutely clarified.

[Lord Lucas]

My Lords, I am very grateful to my noble friend for that reply. I will read it with care but I cannot, at first listening, think of anything else that I could possibly ask him for. As he is right to say, Clause 19 is a great advance in terms of responsiveness to parents. He is also right to say how immensely helpful his department has been. The all-party parliamentary group has been extraordinarily successful and most productive. It is the parliamentary group that I have attended that has made the most difference to the way that things work in the world. That has been largely due to the help that my noble friend’s department has given it and the interest it has taken in it. As he correctly said, we had a very productive meeting with officials. In particular, I thank Stephen Kingdom, who has been helpful before, but he is by no means alone in that. It has been a very rewarding experience to work with his department on this over the past few years. As I said, I am grateful for what my noble friend has said and I have pleasure in begging leave to withdraw my amendment.

Children and Families Bill

Debate between Lord Nash and Lord Lucas

Monday 28th October 2013 Grand Committee

[Lord Lucas (Con)]

My Lords, I agree with every word that the noble Countess, Lady Mar, has said. There are beginning to be some quality suppliers in online provision. It is probably too early to say, “Let us make this generally available and experiment with children who do not actually need it”, but, goodness, we should start to use these provisions for children who are not getting an education because they cannot access what we currently provide. It is good enough to be sure that we will be doing better by these children. We can perhaps move on to children who are out of school for other reasons, who are very poorly provided for at the moment, and see where we go from there, but let us do what good we know we can now, rather than hanging on until we feel able to do good for everyone.

[Lord Nash]

My Lords, noble Lords who have spoken on this issue have eloquently highlighted the significant barriers that stand between some children and young people and the good education they deserve. The aim of the Bill is to help to overcome these barriers. I hope that I can reassure noble Lords that these provisions, in conjunction with existing legislation and guidance, are sufficient to achieve this aim.

The Government’s view is that the majority of pupils are best served by attending a mainstream educational institution. For those with particularly acute needs, a special educational institution may be appropriate. These institutions provide face-to-face teaching and are subject to rigorous accountability arrangements. They also support social, emotional and physical development in a way that more isolated approaches to learning struggle to replicate. Wherever possible, the support provided to children and young people, including through education, health and care plans, should enable them to access the benefits of mainstream or special education. There will be individuals for whom, despite additional support, a mainstream or special institution would be inappropriate.

As has been discussed, local authorities have a duty to make arrangements for pupils of compulsory school age who may not, for any period, receive suitable education. In the context of this duty, suitable education is defined as,

“efficient education suitable to [a child’s] age, ability and aptitude and to any special educational needs he may have”.

New statutory guidance was issued in January on the use of alternative provision and on the education of children unable to attend school because of health needs. Local authorities must have regard to this statutory guidance and the clear expectations it sets out. If a local authority does not follow the guidance, the issue can be taken through the local authority complaints process and, if not resolved, referred to the department. I believe this addresses the concerns raised by the noble Lord, Lord Patel, in Amendment 81 about ensuring the quality of alternative provision.

The guidance sets a clear expectation that alternative provision should deliver a high-quality education that leads to good academic attainment on a par with mainstream schooling. It also reinforces the importance of flexible provision that meets pupils’ wider needs.

In drafting this guidance we have listened carefully to organisations that represent children and young people, such as the cancer charity CLIC Sargent. In response to these views, we recently amended the guidance on children with health needs to give greater emphasis to supporting children’s social and emotional needs. The current arrangements provide an appropriate balance between legal duties and statutory guidance. This ensures that all children unable to attend school are covered by the duty while retaining the flexibility to clarify how the duty should be discharged.

The noble Countess, Lady Mar, in a number of amendments has raised a number of specific points about the use of alternative provision, including in relation to EHC plans and personal budgets. I am pleased to reassure her that the Bill does not prevent a local authority naming an alternative provider in an EHC plan. Where alternative provision is named in a plan as additional specialist provision, it can also be covered by a personal budget, including a direct payment. The Bill, therefore, gives local authorities the flexibility to use alternative provision where it is in the best interests of the child or young person.

However, alternative provision is intended as an exceptional arrangement, and decisions about its use need to be considered carefully. For the majority of children and young people, the aim of alternative provision should be to support their reintegration back into mainstream education. Local authorities would need to consider any requests from a parent or young person to include alternative provision within a plan. The current arrangements allow for local authorities to ensure that the arrangements constitute a “suitable education”, in line with their legal duty. In doing so, they mitigate the risk that alternative provision is used inappropriately or for longer than necessary.

Education: Curriculum, Exam and Accountability Reform

Debate between Lord Nash and Lord Lucas

Thursday 7th February 2013 Lords Chamber

[Lord Nash]

I can assure the noble Baroness that her concerns will not be founded.

[Lord Lucas]

My Lords, I congratulate my right honourable friend on a very well judged Statement. Can my noble friend help me with a broad, value-added measure? Will the Government consider having a decent base measure for this as key stage 2 is inadequate and very coarse and will distort any measure of performance at key stage 4 if we do not improve on it? As far as the threshold measure in English and maths is concerned, can my noble friend confirm that this will be properly criterion-referenced so that if 95% of our young people achieve that level, they will be awarded it? Can Ofqual please be taught how to do this because it has made a complete Horlicks of it until now?

[Lord Nash]

The noble Lord, Lord Lucas, is very well informed on these two points. He raises two very difficult matters which we will undertake to consider very carefully.