School Exclusion: Timpson Review

Lord Storey Excerpts

Tuesday 7th May 2019 Lords Chamber

[Lord Bassam of Brighton (Lab)]

My Lords, I am very grateful to the Minister for repeating this important Statement, and I join him in thanking Edward Timpson and all those who contributed to this report.

It is a fact that too many children are being written off as failures, with tragic consequences. Permanent exclusions have risen by 40% in the past three years, and analysis carried out by Barnardo’s found that one in three local authorities in England has nowhere for excluded children to go, leaving them socially excluded and at serious risk of being groomed and exploited by criminal gangs. This is simply not acceptable. Urgent action is required to help schools reduce the number of children who are excluded. It is therefore imperative that those schools have the necessary resources to support pupils at risk of exclusion, especially those with more complex social needs.

We know that the most vulnerable children in society are more likely to be permanently excluded. Indeed, analysis found that 78% of permanent exclusions were issued to children who had special educational needs or who were eligible for free school meals. It is also worth noting that Traveller children of Irish heritage have the highest rate of permanent exclusion, followed by Gypsy and Roma children. However, as this House has noted in recent debates, school budgets are £1.7 billion lower in real terms than they were just five years ago. As a result of the shortfall, special needs provision in England has lost out on some £1.2 billion since 2015. Does the Minister share my concern, and that of others, that the current level of funding is so desperately inadequate that many schools have had to cut back on support staff who provide key support and early intervention for children with challenging behaviour? Here I am thinking of teacher assistants.

Exclusions must be used only as a last resort; on that I think we are all agreed. However, as Mr Timpson emphasised, “exclusion from school” should never be allowed to become “exclusion from education”—and yet sadly that is what has been happening over the past few years. It is clear that the Government must do more to improve the availability and quality of alternative provision, to ensure that every child, particularly the most vulnerable, gets the education they need to achieve a positive future. However, the latest wave of free schools included just two specialising in alternative provision. Does the Minister recognise that restrictions on new schools imposed by this Government have seriously constrained the ability local authorities have to address the lack of services in some areas without allowing other schools to be built?

I would also like to touch on the shameful practice of off-rolling, which the Statement dealt with, where schools try to remove pupils who cause problems or who might lower exam league table performance. Pupils moved in this way miss out on the support they would receive via the formal exclusion process, and are hidden from scrutiny and due process. Schools must be made accountable, not only for permanently excluded pupils but for those who leave their rolls in other ways and circumstances. Will the Minister advise the House what action the Government are taking to address this phenomenon? The Statement makes plain that this is accepted as an issue, and we must ensure that no child is left behind.

To conclude, although the Opposition broadly agree with the recommendations of the review, we remain concerned at what is not included. The Government’s response to the report makes no mention of the impact of cuts to schools, nor have they outlined a credible plan for how improved outcomes for pupils in alternative provision will be achieved. This falls far short of where we believe we should be going on this issue.

[Lord Storey (LD)]

My Lords, I too thank the Minister for the Statement that he has read, and I thank Edward Timpson for his report. It is not a surprising report, really —we all knew that this was going on—and I always wonder why we need to wait for a report before taking action. It is an absolute scandal that 40 pupils a day are permanently excluded from school and 2,200 pupils every day are put on a system of semi-exclusion. What happens? Well, two things happen. First, if they are lucky, they get put into alternative provision, and most of that alternative provision is unregistered. We have heard what the chief inspector has said about unregistered schools—that they are unsafe and that vulnerable young people are put in a very unhelpful situation. Many of them, if they are not put into a proper alternative provider, get involved in gang culture, and we know where that can lead. So why does the report not say absolutely clearly that unregistered schools for alternative provision should not be allowed and that we should take action against them? These vulnerable young people need to be in the most supportive environment with the best qualified and trained teachers.

Secondly, on the issue of knife crime, I welcome the idea of having a multiagency discussion to look at how we deal with this, but it is sad that there is no mention of the youth service. We should be investing in the youth service and, in particular, in detached youth workers.

Then we come to the issue of off-rolling, which has already been mentioned. Again, it is a scandal that schools can just off-roll pupils—often the most vulnerable pupils, including those with special educational needs. Nowhere does the report say why schools are allowed to off-roll. Why are schools off-rolling? We know that they off-roll because they want to do well in their school inspection and in their league table results, but, again, that should not be allowed. Also, when a pupil is off-rolled from a school, who is responsible for that pupil? Not the school or the local authority—the pupil is in limbo.

I hope the Minister might address those three issues. Finally, I am sure he would agree that it would be useful to have a proper debate on this issue in your Lordships’ House.

[Lord Agnew of Oulton]

I will respond to the noble Lords, Lord Bassam and Lord Storey. On permanent exclusions, last year 85% of schools had none at all, so it is important to put the issue in some perspective. But we are not complacent in any way—that is why we commissioned Timpson last year to undertake his review.

That flows into the issue of off-rolling, which greatly concerned both noble Lords. The term has crept into usage only in the past two or three years, and when we initially commissioned Edward Timpson to undertake his review it was not in common usage, but he has expanded the report to deal with it. It is important to reassure noble Lords that off-rolling is an unlawful practice, so it is not something that a school can do legitimately. We are focusing on this partly through the changes to the Ofsted inspection framework, for example, which will come in in September, which will ramp up the inspection process to ensure that such things are not going on. Ofsted will look at children who have left the school roll and interrogate the school as to why they have left and where they are.