Children and Families Bill

Lord Storey Excerpts

Tuesday 28th January 2014 Lords Chamber

[Baroness Brinton (LD)]

My Lords, I was chair of education in Cambridgeshire in the late 1990s. One of the things that Cambridgeshire has always done well is sex and relationship education policy; indeed, many other authorities use its framework. I particularly want to reassure the noble Baroness, Lady Knight, that explicit sex, in the terms that I think worry many people, is not taught at key stage 1. Actually, the key stage SRE policy is vital because it provides child protection. I am looking at the Cambridgeshire syllabus at the moment, and it says that children must understand that they have rights over their own bodies, understand what makes them feel comfortable and uncomfortable and learn how to speak about it. That is exactly what I want a five year-old to be able to understand, and all the graded teaching, right the way through the system, is age-related and appropriate.

One of my concerns is that not all schools provide excellent SRE because there is no consistency across the sector. I am afraid that that is one of the reasons why we need to be able to provide that framework so that there is consistency. This is not just about the whim of parents or schools; it is vital for the health and safety of our children as they grow up in a very different society.

I have heard comments about worries about a review kicking things into the long grass. In this instance there is division—but then there is always division, as I think the noble Lord, Lord Knight would accept; had there not been division in his party when in government, this would now be compulsory. Let us not get into that political debate. We need to keep this debate on the agenda and keep it going. In a perfect world, I would like to see not only a compulsory curriculum but one that provided the reassurance that all parents would understand that their children were being given safe and appropriate advice to protect them in future.

[Lord Storey (LD)]

My Lords, I say to the noble Baroness, Lady Kennedy, that this is not just about 12 and 13 year-olds; I have seen primary schoolchildren making sexual advances to younger children and girls. I have seen primary children sending and looking at the most sexually explicit messages that you could imagine.

We spend a lot of time arguing about which kings and queens we should be studying in history, yet we seem to just push this issue aside. It is important that we equip our young children with the skills to deal with the social and emotional problems that they are going to face in their lives. It is important that they know about relationships, loneliness and isolation, and that they know how to deal with being bullied, or indeed with being bullies themselves. Other things, such as how to manage their finances when they get older, internet safety and child abuse, are also hugely important. As a society, though, we pick up the problems but almost ignore how we can deal with them.

Sadly, passing an amendment like this, as good as it is, is not completely the solution. You can pass such an amendment but we must also get quality training for our teachers in PSHE and sex and relationship education, and leadership in schools that does not look at this as a little tick-box exercise and say, “Well, we’ve done that, we’ve carried out our duties and if Ofsted come along we can show them a bit of paperwork here”. I have seen that happen far too often. It is also about inspectors, when they go into schools, properly ensuring that PSHE is being taught. We as a society have to understand and appreciate that this is probably the most important thing that we can do to support young people in schools.

On the website of the PSHE Association, which is a very good site and well worth going to, a question that I constantly ask is highlighted: “Do academies and free schools have to teach PSHE?”. The answer on the website is no. Why are we not giving as much importance to ensuring that all our schools, whether they be academies, maintained schools or free schools, are teaching PSHE? The amendment just talks about maintained schools; it does not mention academies. The noble Lord, Lord Knight, when he was—no, I am not going to say that.

Labour introduced academies and I understand why they did so; they wanted, if you like, to give a sort of uniqueness to them by saying, “Okay, you can have more control over your curriculum”. However, that has suddenly now led to a huge growth in academies—some 53% of our secondary schools are academies—so half our schools will not be bound by any amendment that is carried. We—again, as a society—should say that a narrow national curriculum should say, as it does on the label, that it is national and it is a curriculum for all. I hope that we will give some thought to ensuring that this involves all schools—even, dare I say, independent schools as well.

[Baroness Hughes of Stretford (Lab)]

Perhaps the noble Lord has not noticed that subsection (7)(d) of the new clause proposed in the amendment says that the schools to which it would apply includes academies.

[Lord Storey]

I would need to know whether that overrode current legislation. I suspect that it does not, although someone is nodding and saying that it does.

[Lord Knight of Weymouth]

I am delighted to clarify for the noble Lord that if it is set out in statute, it overrides the legal agreement that the department has as a contract with those schools.

[Lord Storey]

So what about free schools, then?

[Lord Knight of Weymouth]

Free schools are on the same basis.

[Lord Storey]

They are not though, are they? They are not mentioned.

[Baroness Hughes of Stretford]

I am sure that the Minister will confirm this, but legally free schools are academies.

[Lord Nash]

That is the position.

[Lord Storey]

When I first came to the House of Lords, I was terrified that I was going to have to give way. Now I have got into the habit of doing so.

As the noble Baroness, Lady Walmsley, rightly said at the beginning, we are in a good coalition. I have to pay tribute to the Minister—no, I do not have to; I want to—who has made great strides in this area and has come forward with some really worthwhile and sensible proposals. Not only has he given finance to the PSHE Association, he has also set up this advisory group. In this area, we must not have an advisory group that says, “We’ve done our job and that’s it”. I cannot now remember who it was who said that these issues are changing almost year by year, and problems that we do not foresee now could well be something that an advisory committee will have to look at in future. I hope that any advisory committee that is set up, when it has done its first piece of work, will continue to advise us on these important issues.

As someone who strongly believes, as I have said, that this is something that should be part of a national curriculum for all schools, I am in a difficult position as I also appreciate the situation that our Minister in the House of Lords faces, and will think very carefully before I vote.

[Lord Nash]

My Lords, this has been an extremely thoughtful and well informed debate. I thank the noble Baronesses and the right reverend Prelate who tabled these amendments, as well as other noble Lords who have contributed and brought their valuable insights to bear on these important and very sensitive matters. I also thank all noble Lords who attended the round table on PSHE last week. We had an extremely helpful discussion, and I think that those who came to that meeting know how seriously we take these matters.

I will deal with each amendment in turn, beginning with Amendment 53 on sex and relationships. Before I explain my approach to this point, I must stress that like many noble Lords with an interest in this topic, including my noble friend Lady Walmsley, I see SRE as integral to the whole debate on PSHE, and I shall say quite a lot more about PSHE when we come to the amendment in the next group. SRE is part of PSHE, and both are part of an overall approach that schools take in helping children to build the resilience and the understanding that they need as they prepare for adult life, tailored to children’s needs and development.

Before I turn to the SRE amendments, noble Lords may find it helpful for me to reiterate the progress that we have made on PSHE, as SRE is so integral to this. I am grateful to my noble friend Lady Walmsley for her kind words in relation to this progress, and I hope that it shows a positive and dynamic approach as opposed to a complacent attitude, to which the noble Baroness, Lady Jones, referred. I hope that she knows better by now—that I am never complacent when it comes to the children and young people of this country.

As I explained in my letter to Peers last week, we are establishing a PSHE expert group to support better teaching. This is the same approach that we are taking to subjects in the national curriculum and I will say more about this shortly. I am also pleased to announce that we will be funding the PSHE Association for a further financial year and it has agreed to produce a set of case studies to illustrate excellent PSHE teaching.

Turning now to specific points on SRE, I emphasised in Grand Committee that for children and young people to develop a good understanding of sex and relationships high-quality teaching is paramount, which is an issue that has been highlighted in this debate today. In order to teach well, teachers must have ready access to reliable and well informed sources of advice and materials. This includes recognition of the effects of digital technology, such as the potential for exposure online to inappropriate materials, to which a number of noble Lords have referred.

The noble Baroness, Lady Jones, referred to the pace at which technology now moves. It is moving so quickly that it is not practical for government to keep abreast by constantly revising statutory guidance to reflect the current state of the art and the latest communications breakthroughs. For instance, Snapchat, Tumblr, Whatsapp and Chatroulette are very recent sites or apps, and any guidance that we issued would be quickly overtaken by new trends and technology that will proliferate in the future. Any revisions to guidance would soon be outflanked by the next phase of innovation.

It is right that we are continually considering how to respond to these developments, and give teachers and parents the help, advice, safeguards and assurances that they need. The noble Baroness, Lady Kidron, talked passionately about the dangers of the internet when I first started to look at this matter. I spoke to many people—experts in IT and parents. The frightening thing was that the more that they knew about online and IT the more concerned they were. I am fully aware of the issues, but as my noble friends Lady Walmsley and Lady Tyler have said, the question is about which approach will work best. I believe that specialist organisations are best placed to provide advice, materials and guidance in a dynamic way and regularly update it.

I am therefore delighted to draw noble Lords’ attention to a number of organisations that are doing this, and the action that my department is taking to support and promote that work, and to make sure that it is closely linked to schools.

I welcome the work of the PSHE Association, the Sex Education Forum and Brook on new supplementary guidance that is designed to complement the SRE guidance, and will address changes in technology and legislation since the turn of the century, in particular equipping teachers to help protect children and young people from inappropriate online content, and from online bullying, harassment and exploitation. We have always maintained that specialist professionals are in the best place to provide advice to schools, so I look forward to the publication of this guidance and will make sure that we draw schools’ attention to it by, for example, promoting it through the department’s termly e-mail to schools.

I will also highlight other examples of guidance from specialist organisations that I have made sure will be promoted to schools. Guidance on the best way for teachers to tackle the dangers associated with online pornography has been provided by the Sex Education Forum. The Child Exploitation and Online Protection Agency has published a range of free educational resources—films, lesson plans, presentations, practitioner guidance, games and posters—to help teachers protect young people from the risk of sexual abuse and exploitation. The NSPCC has published guidance for parents, who have an essential role to play, on inappropriate texting. Parents can also phone the NSPCC ChildLine for advice.

We have identified action that we will take in the department to make sure that schools have the support and information that they need. As I have already mentioned we have set up a new expert subject group on PSHE and SRE. The group comprises lead professionals in the field of PSHE and SRE practice, and I am particularly pleased to say that it will be chaired by Joe Hayman, chief executive of the PSHE Association. It will clarify the key areas on which teachers most need further support, and identify the topics that can present the greatest challenge when discussing them with pupils, engaging their interest and enabling their understanding. The expert group will then liaise with relevant specialists and providers to commission or develop and produce new resources where necessary.

The noble Baroness, Lady Howarth, asked if the review would be comprehensive. I have been given the letter—I cannot read it now—but I can assure her that we will make it as comprehensive as we can. As far as the timing is concerned, I do not personally intend to stay in this job after May next year whatever happens, so I can also assure her that I shall be seeking to announce its findings as quickly as possible so that we can take action in relation to them. There is no point in setting this up unless we listen to what these people say and ask them, frankly, to get on with it. My noble friends Lady Tyler and Lady Walmsley were particularly welcoming of this expert group and they are right. We should give it time to make a real difference to practice—and it will, along with other approaches that we are taking.

Noble Lords will be interested to know that my department is currently preparing revised statutory guidance on safeguarding children in education. This will clarify schools’ statutory responsibilities to use opportunities in the school curriculum, for example through PSHE, to teach children about safeguarding and personal safety, ensuring that there is a culture of safety and that children stay safe, including when they are online. The guidance will signpost schools to further sources of advice on specific safeguarding issues, such as advice issued by the Home Office as part of its This is Abuse campaign. This supports teachers working with 13 to 18 year-olds to understand how to avoid becoming victims and perpetrators of abusive relationships.

The noble Baroness, Lady Jones, raised a sensible concern about this guidance being fragmented. We will ensure, when we highlight the additional guidance, that it is linked to the existing statutory guidance, so I am confident that it will be coherent and not fragmented. In addition, the new expert group will have an important role to ensure that the signposting of all guidance on PSHE and SRE is coherent.

Finally, the Government continue to work closely with industry through the UK Council for Child Internet Safety, which brings together representatives from industry, manufacturers, charities, academia, social media, parent groups and government. I am pleased that we will be supporting Safer Internet Day on Tuesday 11 February, promoting more widely the safe and responsible use of online technology and mobile phones, and making the internet safe for children. The House will debate this and other extensive work that the Government are doing in relation to internet safety when we come shortly to debate the amendment tabled by the noble Baroness, Lady Howe.

On Amendment 53ZAAA, which concerns statutory SRE in primary schools, the current requirement applies only to key stages 3 and 4 in secondary schools. The amendment extends the current statutory requirement to teach SRE, which applies to key stages 3 and 4 in maintained secondary schools, by legislating for all compulsory SRE in primary schools and all academies. It would mean compulsory SRE for children as young as six. Many primary schools already choose to teach SRE according to children’s age and development, consulting their parents and using age-appropriate resources. In particular, good primary schools are committed to helping children develop an understanding of positive and appropriate relationships. The new science curriculum will also ensure that pupils are taught about puberty in primary school, which is an issue identified in the Ofsted report.

We believe that this is the best approach, with the right balance between legal requirement and professional judgment, taking account of the evidence about child development and maintaining the support of parents. The amendment would disturb this balance, and remove from teachers and governors any control over their school’s approach to SRE. It would also impose on academies a new requirement, when in fact the vast majority of academies already teach SRE as part of their responsibility to provide a broad and balanced curriculum, and a fully rounded education.

I agree entirely with my noble friend Lady Eaton that this is a very good example of legislation not necessarily being the solution to life’s ills. As my noble friend Lord Storey, who has vast experience of more than 20 years as a primary school head, said, this is a matter of practice and not something that we can solve through legislation.

The other part of this amendment would require schools, when teaching SRE, to include same-sex relationships, sexual violence, domestic violence and sexual consent across all key stages. By virtue of Amendment 53ZAAA, it would mean compulsory teaching of these issues for children as young as six. The statutory guidance already covers these very important topics, and all schools must have regard to the guidance when teaching SRE.

The existing guidance states that pupils should,

“develop positive values and a moral framework that will guide their decisions, judgements and behaviour; be aware of their sexuality and understand human sexuality … understand the consequences of their actions and behave responsibly”,

and,

“have the confidence and self-esteem to value themselves and others”.

It is also important to note that the guidance includes clear references to safeguarding duties and to safeguarding guidance for schools. Supported by expert guidance and resources from specialist organisations, as I have described, the statutory guidance continues to provide a strong framework and platform on which teachers can build, using the kind of specialist contemporary advice and resources to which I have referred.

To conclude, I once more extend my thanks to noble Lords for these amendments and to other noble Lords for contributing to the debate. I hope that they will agree that we have made progress in working with others in government and with specialist organisations—in particular, the PSHE Association, the Sex Education Forum and Brook, which will announce their guidance next month—including by promoting their resources in schools. While I believe noble Lords are seeking the same outcome—the best teaching and age-appropriate support for children—for the reasons I have explained, I do not believe it would be right to introduce statutory SRE at key stages 1 and 2.

I have said on a number of occasions recently in your Lordships’ House that it would be so much better if we could agree common ground in relation to what needs to be done to improve our school system. I have been extremely encouraged by recent statements by the shadow Secretary of State for Education, which indicate that a substantial amount of common ground is emerging. We should celebrate this common ground and the common ground we have in relation to our expectations of schools in relation to PSHE and SRE. Of course, the noble Baroness may wish to take the temperature of the House on these matters, but I think it would be better if we continued to work together outside the confines of the Bill to achieve our common end. That approach has stood us in good stead during the passage of the Bill, and I urge the noble Baroness to withdraw her amendment.

--- Later in debate ---

[Baroness Perry of Southwark]

My Lords, it is good to be able to give a very warm welcome to one of the amendments put down by the noble Baroness, Lady Massey. I agree entirely with what she said in her introduction to this amendment. It is a very good amendment. I particularly like the fact that she is asking all schools to make this explicit to parents, school governors and pupils. We have not talked about the role of school governors enough as we have gone through this Bill. They now have such big responsibilities under previous legislation that to include them in the duty of the school to say what they are doing about the total development of children is very much to be welcomed, as is, of course, the duty to tell parents. We must continue to recognise the role of parents as the primary influences over children—they are primarily responsible for their children’s development.

I am very proud of the fact that it was this House which added the word “spiritual” to the national curriculum responsibilities. Before we had “moral”, “academic” and “physical”, but it was this House which added the word “spiritual” to that list. I am particularly delighted that the noble Baroness has included it in her amendment.

[Lord Storey]

My Lords, I echo the thanks to the noble Baroness, Lady Massey. In the previous debate we, rightly, pointed to the dangers of the internet for young people and talked about the lack of resources that are available for PSHE. I want to use this opportunity to show that the internet can also be a great supporter of PSHE.

There is a new website called Makewaves, which is now live and available to 4,500 schools—more than 70,000 young people. The aim of the project is to get Open Badges, which is a project for young people to earn digital accolades by performing an act in their school or community. The innovative aspect of these e-badges is that an individual may share their achievements with prospective employers or educational institutions, demonstrating their skills, experience and competences. It is hoped that this active platform, which children, young people and students engage with, can develop opportunities for them to get e-badges in citizenship. Here, then, is an opportunity for the internet to support PSHE and engage young people at the same time.