Education Bill

Lord Storey Excerpts

Tuesday 18th October 2011 Lords Chamber

[Lord Storey]

My Lords, the noble Baroness, Lady Jones, used the right words—“common sense”. I cannot understand this. As a parent and as a teacher, I have no objection to same-day detentions. As has been said, if there is to be a sanction or punishment often it is best that it is done straight away. However, the notion that young people, children and students are kept behind at school without their parents or their carers knowing does not seem right and proper.

If a school organises an after-school activity, whether it be football, netball, swimming or whatever, parents give their permission for their children to take part in those activities, understanding that their children will have to make other arrangements to come home. Why cannot that be done for same-day detentions? All we are suggesting, which is eminently sensible and supported by all the unions bar one—of the unions supporting it, even the National Association of Head Teachers thinks that it is right and proper that parents are notified—is that when a same-day detention is held the parent is contacted, not through a message left on a voicemail, an e-mail or a text but actually contacted. If they cannot be contacted, the same-day detention would have to be held the next day. That is the right and proper common-sense approach.

I have had various e-mails today saying that it would be a breach of the law if the child was not safeguarded and so on, but in all this guidance, about which no doubt we will hear in a moment, I cannot find an understanding that the parent comes first—that the parent matters. I hope that in the guidance it is made absolutely clear how we will protect the well-being and safeguarding of children.

We have spoken about rural areas and the school bus, but in urban areas—in my own city—children often have to travel two miles across the city to go to school. On dark nights they are placed in a very vulnerable situation. If the parents know their child is being kept behind, they can make arrangements.

I hope the Minister will understand the real sense of concern about this issue and give an assurance that the guidelines will clearly spell out what we are asking.

[Baroness Howarth of Breckland]

My Lords, I recognised that there would be a number of reasoned arguments and I stand with my colleagues who made them. I took a rather different way on this. During the summer I consulted a number of friends and my family—it was a random experiment—and it became absolutely clear that they did not believe that I was telling the truth when I said that it was the Government’s plan that when their child was going to be detained they would not be told. They said, “You are making it up”. That was the first response.

The second response from rural parents—I work and have friends in London but I live in a rural area—was, “But there is only one bus. They cannot be detained without notice because if they do not get on the bus they do not get home at all”. We have to remember that not every poor parent in a rural area has a car; they depend on that transport. There are no other bus services or taxis; you catch the school bus or you do not get home. The third response was the sheer indignation that this was “my” child, not owned by anyone else.

The common thread through all that was that the parents were quite keen for the child to be disciplined at school. There was no disagreement that the child should not receive their discipline, that detention might be the right answer, or that the closer it was to the incident the better little Jonny would learn from it. The disagreement was that parents had to know that their child was going to be detained so that they could ensure the protection of their child and were not worried out of their minds. I hope noble Lords will forgive my anecdotal bit of research but it was pretty consistent with the reasoned arguments that we have heard this evening.

--- Later in debate ---

[Lord Storey]

My Lords, this matter is very important and I very much look forward to what the Minister has to say on this. We are rightly concerned about safeguarding. All staff in schools rightly have CRB checks and the CRB register is regularly maintained. It is equally important that when a member of staff commits an act of gross misconduct which goes to the disciplinary processes and is dismissed, we have a mechanism whereby that teacher cannot move to another authority, job or school. As we have heard from the noble Baroness, Lady Jones, we would put at risk the whole basis of the safeguarding of schools. In the Minister’s reply, I hope that he will give us comfort in that we can be assured that this situation cannot arise.

Let us take an example. A teacher comes into school under the influence of drugs or alcohol. He or she is sent home and the matter is investigated. Gross misconduct is alleged and the matter goes to a disciplinary hearing of governors. The governors decide to uphold the gross misconduct allegation, after which the teacher appeals. The appeal panel of governors upholds the action and the teacher is removed from his or her job. In that situation, we would want to be assured that that information is retained so that the member of staff cannot move to another authority or school. This is hugely important for the safeguarding and well-being of our children, as well as being important to the parents.