Children’s Wellbeing and Schools Bill Debate
Full Debate: Read Full DebateLord Storey
Main Page: Lord Storey (Liberal Democrat - Life peer)Department Debates - View all Lord Storey's debates with the Department for Work and Pensions
(3 weeks, 3 days ago)
Lords ChamberMy Lords, I inferred from what the noble Baroness said that she thinks I do not believe children should have vaccines. I do. In fact, there is an active element in me that considers that we should prosecute parents who do not give their children the MMR vaccine because of the potential outcomes. I am not saying that is a policy I would adopt overnight, but it is worrying that so many children do not have the MMR. But on a broader point, I hear what the noble Baroness said, and of course that is what will be written in the HSA and in PHE, but I can assure her that I am aware that this is a primary element of trying to reduce the transmission of flu. I have no doubt that, if children get flu, it can be serious. It can be serious for any individual. That was one of the driving forces and why it is aimed in particular at children in primary schools. It is widely available and is significantly designed to reduce the transmission to adults.
This has been an important debate on these amendments. I want to start by saying that the noble Baroness, Lady Walmsley, is not able to be present. Her husband is not at all well. She added her name to Amendments 469 and 470. I am going to keep my comments brief. The noble Lord, Lord Russell, is right: I can almost see Baroness Massey on my shoulders. When I first arrived here, although she was of a different party, she immediately collared me, along with the noble Baroness, Lady Walmsley, and gave me a briefing on children’s rights. That was the first time I met Doreen Massey. At some stage, when we come to our senses on this, her importance on this issue will come to mind.
I also wanted to mention the point made by the noble and learned Baroness, Lady Butler-Sloss, about the importance of the child being heard. For far too long, we had the old adage that children should be seen and not heard. Sadly, that filters through the whole of society in all sorts of ways. It is not just parents and public bodies. I remember my wife being heartbroken when a black boy in her secondary school was fostered by white parents. At the time it was quite rightly thought to be the case that culturally it is better if foster parents have the same heritage as the child. The boy, who was 12 or 13, was adamant that he wanted to stay with his white foster parents. Nobody listened to that boy. Nobody in the local authority, in the school or in social services listened to that boy. If we say we want to hear the voice of the child, it is a nice phrase to use, but we have to make it work in practice and it has to filter through the whole of what we do.
On the convention on human rights, I just do not understand this, and I would like a detailed letter from the Minister. It is 12 years since my noble friend Lady Walmsley and Baroness Massey talked to me about this. Why can we not follow Wales and Scotland? Let us do an impact assessment. Do we just not want to do it? Well, then let us have the honesty to say that. Or, if we do want to do it, what are the reasons why we cannot? I would like to know. Perhaps the Minister, when she replies, could tell us.
I do not have anything else to add to what has been a wide-ranging discussion. This issue is crucial, of course. The clue is in the Bill’s title, is it not? If we are talking about the children’s well-being Bill, everything that we and the Government do in legislation should look at the impact on children. That is an eminently sensible move. So, I hope Government will support Amendments 469 and 470, either now or if they are brought back on Report.
I was tempted to, as we sometimes say, respond to the noble Baroness, Lady Spielman. I am afraid I just do not agree with her comments, but perhaps now is not the time to do that. Perhaps we can have a private conversation on some of the things that, to be honest, got me quite angsty.
My Lords, I thank the noble Baroness, Lady Blower, and other noble Lords who proposed the amendments in this group. This is a very technical area, and we have heard much expert opinion from my noble friend Lord Banner, the noble Lord, Lord Carter, the noble Baroness, Lady Longfield, the noble and learned Baroness, Lady Butler-Sloss, and, crucially in our opinion, the former Chief Inspector of Education my noble friend Lady Spielman, and my noble friend Lady Coffey.
It is important to flag that, although His Majesty’s loyal Opposition completely understand the spirit of noble Lords’ amendments, we are not in a position to support them. The UK has already signed and ratified the UN Convention on the Rights of the Child, in 1990 and 1991 respectively, and it came into force in January 1992. As such, the UK is already bound by international law to implement the agreement, and our progress is being monitored by the Committee on the Rights of the Child. But several of the recommendations in the last report from the committee, including on child rights assessments and education, are ones we did not support when we were in government and still do not support in opposition.
Amendment 469 would bring an additional child rights assessment into all legislation, as recommended by the committee in its 2023 report. We simply do not believe that this is required; in fact, instead of enhancing a child’s education, it would further slow our ability to legislate and implement effectively.
The wider recommendations in the report are also not proposals with which we concur, including, for example, the recommendation to end academic selection and testing measures to reduce levels of stress on pupils. This has the potential to do real harm, particularly to disadvantaged pupils.
We believe that the huge opportunity before us is not to layer on new statutory duties or reporting mechanisms. To the contrary, it is to ensure that the education system we strive for is one that builds on the successes of the past 20 years, aided by noble Lords on all Benches of your Lordships’ House. An education that offers each and every child the opportunity to realise their full potential—that should be the endgame.
My Lords, I would like to add one very specific but pertinent comment to the debate at this point. Obviously, we are not going redesign the whole of apprenticeships here on the Floor of the House, but I strongly support the emphasis that the noble Lord, Lord Layard, has placed on 16 to 18 year-olds, and bring to your Lordships’ attention a very strange anomaly in the way we approach this.
When a young person fails to get an apprenticeship and remains in full-time education of some sort, this is paid for automatically as part of the open-ended commitment to pay for classroom-based education, even if it is also vocational or technical education, until somebody is 18 or 19. But apprenticeships for 16 to 18 year-olds have to come out of the levy—of which there is going to be very little money left next year, by the way, but that is a whole other discussion.
At the very least, in the short term, the Government could commit to moving the funding for apprenticeships for 16 to 18 year-olds into a different budget, into the perfectly correct national commitment to fund young people’s education and training until the age of 18.
Briefly, I want to reinforce what has been said. What is unspent of the apprenticeship levy gets returned to the Treasury, not to be spent on education or apprenticeships, which is bizarre. It is a double whammy, because businesses, seeing that their money has not been spent and is likely to go back to the Treasury, suddenly start putting staff on high-level courses, equivalent—
This is risky, because I am doing this from memory. I appreciate that in earlier years, significant amounts of money were returned to the Treasury, but in the last year we were in government, it was £11 million—so basically absolutely everything was spent. I say that in relation to my noble friend Lord Deben’s remarks, and I hope the noble Lord, Lord Storey, will put that in context.
The noble Baroness is right—the amount that was not spent or did not go to the Treasury was coming down.
No. To be clear, of the many millions of pounds that were raised through the apprenticeship levy, the amount that was not spent on apprenticeships and was returned to the Treasury was £11 million in the last year that we were in government, as I remember it.
The point I was also going to make was that companies and businesses that had not spent the levy and did not want to see it returned to the Treasury were using it not for level 3 apprenticeships but for high-level master’s-type apprenticeships. That surely cannot be the right thing to do; it is not in the spirit of apprenticeships.
I was quite shocked that, in my city of Liverpool, Liverpool City Council, which had an apprenticeship scheme over a two-year period, returned £1 million of money to the Treasury. That money could easily have been spent on level 3 apprenticeships. The noble Lord, Lord Layard, gave us all the statistics at the beginning. We need to ensure that there is money for level 3 apprenticeships, because the original hope of apprenticeships was that they would go to the young people who desperately needed to have this opportunity.
My Lords, I will speak to my Amendment 502YM. I will echo some of the comments made by my noble friend Lord Jackson in relation to his amendment. I believe that my amendment complements the comprehensive final-stage procedure he outlined neatly.
Anyone who works in education knows how problematic dealing with complaints is becoming. Of course it is right that public bodies should have a complaints procedure, as is required by law. Of course dissatisfied parents should be able to complain to or about a school, and schools failing in their responsibilities should rectify their errors and omissions promptly. But the current system is complex and, in the main, giving satisfaction to no one.
I remind noble Lords that complaining to government is, typically, a fourth-line action after a series of stages. The first stage is attempting to resolve the issue with the staff member most directly involved, such as a classroom teacher; the second is escalating the issue or making a complaint to the head teacher or another school leader; the third is making a complaint to school governors; and the fourth is escalating a complaint to the local authority or the academy trust.
Yet the number of complaints to government has grown enormously in recent years, although there is not much evidence of a corresponding deterioration in the service offered by schools to children and parents. It seems likely that it is at least partly down to a higher propensity to be dissatisfied in a more fractious world. Furthermore, the use of AI enables parents to generate extremely lengthy complaints, which are time consuming to read, investigate and respond to. Safeguarding will often be invoked to ensure that a complaint is prioritised.
The various provisions in law relating to the consideration of complaints by national education bodies generally require that local routes have been exhausted. The expectation was that escalation to national bodies was a last resort for when serious concerns are ignored or mishandled by those more directly responsible. But, sadly, we see today an increasing willingness to escalate even relatively minor issues if the school’s response is anything other than doing exactly what the parent wants. When more serious concerns arise, such as those pointed out by my noble friend Lord Jackson, the sheer volume can mean that those more serious concerns are drowned out by the volume of very minor complaints.
Furthermore, the patchwork of law and regulation often means that any complaint must be considered in all the places to which it is sent. Each of the government organisations has a different purpose and will apply a different filter to determine whether it needs to act, but all of them must take the time to read and understand what are often long and complex documents, and often must check with the school to establish the facts. This is a huge burden on schools as well as being a wasteful model for government to operate, and it does not appear to be making parents any more satisfied. We need to reset the system and return to the expectation that the vast majority of complaints are considered and closed at local level.
My amendment therefore proposes that a single government complaints system is established, which can triage and direct complaints to the most appropriate body or reply to the complainant to say that there is no further action to be taken. There would need to be discussion about where this should be located. If it was desirable for such decisions to be made by those with substantial school experience, it might be located in Ofsted; otherwise, it might be a DfE team. Either way, the complaints and action taken should be recorded in a single database, accessible to all bodies with regulatory functions, including inspection, so as to minimise duplication, with all the burdens that that imposes.
Such a system should reduce the wear and tear on parents themselves—pursuing complaints is very damaging to parents in their relationships with schools—as well as the wear and tear on schools from protracted and inconclusive complaints processes. In short, this is a pragmatic amendment that would benefit almost everyone.
I understand where these amendments are coming from. Personally, I have not formed a complete view about this. I understand what the noble Baroness is saying and I look forward to hearing the Minister’s reply, because there is an issue here and this is about how we handle that issue.
Education has become a successful business for the lawyers, to be quite honest. Dare I say, you only have to look at special educational needs, which lawyers and solicitors have made a lot of money out of. I declare an interest as my daughter is a solicitor. One also sees solicitors involved in school admission procedures. In some cases, that is a natural route to take, and I wonder about complaints—never mind the bureaucracy involved—if lawyers get involved in that side as well.
My Lords, where did it all go wrong? I can look back to those halcyon days where, in primary schools, there were two lessons of PE a week timetabled, and PE covered a whole range of activities, from gym work to games and swimming—children regularly left school being able to swim 20 metres —and after-school sports competitions. In secondary schools, sport was thriving. As we have heard, that was beneficial for the well-being of children and young people and important for their health, with regards to obesity, and for teamwork, working together and understanding each other.
This is not something that can be laid just at the hands of the present Government. In fact, the present Government, in a former iteration, did a great deal of work on sport. People will think that I am a member of his fan club, but the Blair Government brought in some of the most radical proposals on sport that this country has ever seen. Whether it was a mixture of Covid, the recession or whatever, it all suddenly—
I am sorry, but I have to interject here to say that the narrowing of the curriculum and the teacher supply crisis was a direct result of austerity, teacher pay falling by 12% in real terms and chronic underfunding of schools, all of which were initiated during the coalition and continued until 2024.
Children absolutely deserve a rich and balanced curriculum, but that becomes much more difficult if they are not being taught by teachers qualified in the subject area but by unqualified teachers. The teacher supply crisis started and became acute during the previous Government. When we have this debate, we cannot ignore the practical consequences of chronic underfunding, chronic undermining of the profession and, from the start of the coalition, a policy of attacking teachers and leaders as being responsible for falling school standards.
There was also a deliberate narrowing of the curriculum through the EBacc to a range of academic subjects, which has meant a precipitous decline in arts and drama and a shorting of the experience that children get in physical education.
I am sorry, but I must put all that on the record. My friend the noble Lord is rightly asking these questions but he is coming up with a different set of conclusions.
My Lords, before the noble Lord continues, I do not recognise, luckily, the dystopian view that he has given. The primary school that both my children were at and the school where I now teach are full for before-school, lunchtime and after-school activities. I put on record in this Chamber that my daughter’s girls team won the under-15 Hackney cup.
I am grateful for those comments, believe it or not. I could well have made the noble Lord’s speech, to be honest, and I might have gone on to say some of those things. In some of my other contributions in this House, I have, for example, decried the Government’s stance on the EBacc, which has created problems for the creative industries, as well as for sport and physical education. The noble Lord, Lord Gove, who is not in his place, spoke yesterday, and I referred to the cataclysmic changes that his time as Secretary of State brought about. I was slightly annoyed that he referred to a reasonable request for a national guarantee on tutoring as a sort of publicity stunt by the Lib Dems. That was my reaction to that, as those noble Lords who were present know. I accept everything the noble Lord, Lord Hampton, said.
Politicians—not in this Chamber, of course—sometimes forget what happened beforehand. The country was on its knees because of the recession—it really was; you could see that—and the Government had to step forward and take some difficult decisions. But those difficult decisions did not have to see the dismantling of services that both the noble Lord and I think are really important. As the head teacher of a primary school for 23 years, I recognise what the noble Lords is saying, but it is not in every school.
However, we were talking about PE, so let me move on to one example of PE which I know a great deal about: swimming. I declare an interest as a patron of the Royal Life Saving Society. Swimming is important to us as a nation—we are an island. I do not have the figures to hand, other than the sad figure that somewhere in the region of 250 people drown every year and some 40 of them are children between primary age and 17, and those figures are rising. Why are drownings happening? It is because fewer and fewer schools have the resources to swim. How many schools have a swimming pool they can go to? I remember in those halcyon days in my borough, primary schools would have a small learner pool that you could walk to in every area. We could take even top infants to the learner pool to learn how to swim. Every child had a term and a half of swimming and 98% of children left school being able to swim 20 meters. That does not happen now, for the very reasons that we have heard.
I pay tribute to the noble Lord, Lord Moynihan. I thought his speech was absolutely spot on. If we are serious about the importance of sport, everything he said I could not agree with.
Did I say agree? I am still recovering from the interventions. To be clear, I agree with everything that the noble Lord said and would support all four amendments. I thank noble Lords for introducing them.
Children and young people get so much from sport and physical education. It is not just about their well- being; believe it or not, it helps them in their other studies. One of the local head teachers in my area used to start the school day not by doing numeracy or literacy but a creative activity—either sport, drama, dance or something like that—because it got people energised and helped with their learning. Sport is important not just for the mind and body but for the well-being and development of the child as a whole.
I thank noble Lords who put down those amendments. I speak for my party when I say we very much support them.
My Lords, my noble friend has covered what happens in school, but that is just one area of activity. If it is done properly, school is merely part of a greater continuum that goes out into the community. The school sports partnerships were going to save the breakdown in the traditional links between small clubs, grass-roots sports and school, but they were not there for long enough for us to know whether they would. Many of us in both bits of the coalition Government thought that it was one of the weirdest things possible that they were kept going until the Olympics and then cancelled afterwards when we might have got some benefit. I got a small nod from the noble Lord, Lord Moynihan—a bigger one now—which says, “That’s exactly what we thought at the time”.
We also knew from that and from looking at studies that a big sporting event is great for tourism and volunteering but does not make any difference to grass-roots sport unless you back it up with something—with your inspiration. Schools have to work with the grass roots. In the amendments, we have the start of that structure, which we can go forward with. It is not just in this Bill or with this department. If we are going to lose lots of playing fields in the planning Bill, it does not matter what you do because you will not be playing anywhere else—probably not even at schools. We have to have something that goes forward. These amendments start to look slightly broader.
My Lords, my Amendment 502YQ is mainly to probe the Government’s intention in relation to their own use of data regarding this Bill. This amendment addresses an issue that has surfaced repeatedly in our many debates: the scope of data collection about children in education. We have heard a lot today about the role of technology providers, but I want to turn the focus to how we are collecting data within the education system in government.
My amendment would ensure that personal data may be collected, retained or processed only where it is strictly necessary to protect a child from significant harm, as defined in Section 31 of the Children Act 1989. Why is this needed? The Bill as drafted gives wide latitude to local authorities and the Secretary of State to demand data on children not in school—an area that I really care about—as well as potentially on others. In particular, the data demanded of children not in school—we have already heard about the amount of data that is already collected on children in school—is off the scale. We are told that this is for safeguarding, but safeguarding has a very specific meaning in law. It is not a licence for limitless information gathering; it is a duty to act when a child is suffering or likely to suffer significant harm.
Clause 31, for instance, invites local authorities to gather information far beyond what is necessary. Names, addresses and dates of birth are sufficient to identify a child and discharge oversight duties. However, the Bill’s wording allows for much more, including details of parental and children’s beliefs, educational philosophy, supplementary providers and even protected characteristics. This, to me, is mission creep, not proportionate oversight. As the department has itself acknowledged in past consultations, the bare minimum of data suffices to track children and ensure that no one falls through the net. To demand more because it might be helpful is not lawful data processing. Data protection law is clear: collection must be limited to what is necessary for the purpose. Helpful is not enough.
The risks of excessive data collection are not theoretical. Families have already seen sensitive information stored indefinitely, cross-referenced with other records and sometimes shared with agencies in ways that they did not consent to or even know about. One military family with whom I have interacted recounted how their local authority repeatedly contacted the father’s workplace about his children, despite clear instructions not to do so. Another home-educating mother described how, after deregistering a child with special needs, she was followed in public after being wrongly referred to social services. These are not safeguards; they are intrusions to undermine trust.
We must also remember that not all parents in the system are confident or well resourced. Some are vulnerable, fleeing domestic abuse or suffering with SEND bureaucracy. For them, intrusive data demands feel less like protection and more like surveillance. If the state is perceived as hostile, families may retreat from engagement altogether, making genuine safeguarding harder, not easier. That is why my amendment would tie permissible data collection to the Section 31 threshold of “significant harm”, which is already the bedrock of child protection law. It is the line that our courts have drawn between parental primacy and state intervention. Aligning data powers with that line ensures consistency, legality and proportionality.
Proposed new subsection (2) in my amendment would ensure proportionality by limiting data to what was essential for the specific risk identified. If the concern is neglect then collect information relating to neglect; if the concern is radicalisation, focus on that. Do not use safeguarding as a pretext for wide-ranging dossiers on families’ private lives. Proposed new subsection (3) would close off another danger: profiling. We should not be gathering data to build long-term behavioural profiles of children or to monitor families against vague benchmarks of compliance. That is not safeguarding; it is social engineering by stealth. Proposed new subsection (4) would require the Secretary of State to publish clear guidance within six months, so that local authorities, schools and parents know the limits of permissible data collection. That guidance should provide clarity, consistency and accountability.
Some might worry that the amendments would tie the hand of professionals. On the contrary, they would free them to focus on what matters. Instead of drowning in forms and files and data, they could concentrate on children at genuine risk. Excessive data is not neutral; it diverts time, money and attention from where it is most needed.
International law supports this approach. In MM v the UK in 2012 the European Court of Human Rights held that the retention of excessive personal data without clear necessity breached Article 8, while in Ali v the UK in 2015 the court stressed that decisions must be informed by accurate, relevant and proportionate information. We cannot claim compliance with Article 8 if we allow the indefinite harvesting of families’ and children’s private details “just in case”.
The amendment is not only for home educators, though their experience has highlighted this problem in the Bill. It would protect every family in the education system. It would ensure that schools are not turned into data collection points for the state and that local authorities are not saddled with the impossible burden of storing, processing and protecting sensitive information that they do not always need. Above all, it would protect children from being profiled, stigmatised, or surveyed in ways that bear no relation to genuine safeguarding.
In passing the Bill, we must not create a database state by accident. We must legislate with care, remembering that data is not neutral—it is power. It is the new oil, in fact. Used well, it can protect; used badly, it can harm. Amendment 502YQ would ensure that that power was exercised with clear limits, tied to the statutory threshold of significant harm. That is fair, proportionate and faithful to the principles of our child protection law. I commend it to the House.
My Lords, Covid was certainly the rocket fuel for the growth of educational technology in our schools, which is now accepted as part of the school learning landscape. The UK’s education tech sector is the largest in Europe, spending, as we already heard, an estimated £900 million a year. However, there are real concerns that these amendments seek to address, which is why we will be supporting Amendments 493, 494, 502K, 502YH and 502YI.
The edtech sector is exempt from the Online Safety Act, and adherence to GDPR is inconsistent, to say the least. Large multiuse platforms such as Google Classroom and Microsoft Teams can enhance teaching and school management, but the absence of clear statutory standards leaves children’s education and school cybersecurity often at risk. We surely need a regulated framework to safeguard children’s rights, protect the data and prevent the commercial exploitation of children. We sleepwalked into the development of social media. Now that we see the harm that has been caused, we rush to try to do something about it. There is a strong case for developing a regulated framework to safeguard children’s rights and support schools in making informed and sustainable choices.
I want to respond to what I thought was a very thoughtful contribution by the noble Baroness, Lady Spielman. It made me think that six years ago I had a Private Member’s Bill on essay mills and contract cheating. That is now all for naught, because there are other ways of cheating, and AI helps that considerably.
I had an intern who one day said to me, “Lord Storey, here’s a speech for you”. I said, “Ooh, let me have a look”. I read the speech and thought, “Wow, this is great. I’ll use this”. He told me that it was AI generated. “Really?”, I said. I wondered whether in five or 10 years your Lordships’ House might be a very different place for speeches. Might we all succumb to using not our own thoughts and experiences but AI to generate speeches? Would anybody know in five or 10 years’ time, when the technology will be absolutely spot on?
I want to deal briefly with the amendments in the name of the noble Baroness, Lady Barran. Amendment 502YU concerns reception baseline assessments. The Minister will recall that I raised this in an Oral Question. There is something a little perverse about the youngest children—five year-olds—doing their assessments on a screen. I have a degree of sympathy for the noble Baroness’s amendment, and I hope the Minister can shed some light on it.
Regarding the other two amendments, I know that SEND exceptions are mentioned, but as my noble friend Lord Addington said in his hugely important contribution, it is not either/or. We have to think through these amendments carefully, as there are other issues, not just special educational needs, that we need to be aware of. We do not want to agree something that creates problems for the future.
My Lords, this is yet another important group of amendments, which seeks to bring, frankly, some common-sense principles to the use of edtech, children’s data and screens. Amendments 493 and 494, in the name of my noble friend Lord Holmes of Richmond, seek to introduce what would in effect be quality standards for the use of edtech in schools. There are existing standards and guidance for schools in relation to hardware and data, but I was unable to find any specifically in relation to edtech, so it feels as though my noble friend has identified a real gap.
Similarly, Amendment 502K, in the name of the noble Baroness, Lady Kidron, would introduce a code of practice on the efficacy of edtech. I suggest that, in all these amendments, we need to be very clear that any standards or principles focus not just on some of the data and related safety issues that we have talked about; we must make sure that they are absolutely based on the latest research in cognitive science and the best understanding of pedagogy, so that they deliver learning. We need them to be safe—that is necessary but not sufficient—and effective.
Last year, a thorough report by the Education Select Committee on the impacts of screen time on educational well-being found that the proliferation of edtech platforms made their overall benefit hard to quantify. It pointed out that only 7% of edtech providers had conducted randomised controlled trials on their products. The report noted that there are more than half a million apps claiming to be educational but, as yet, no quality standards for assessing educational content. The report judged as poor the evidence base for assessing which, if any, of these apps are most effective.
Amendment 493 includes a requirement for transparency in relation to the use of training data, AI and third-party use of data. It shares the spirit of Amendment 502YI, in the name of the noble Baroness, Lady Kidron, which would introduce a code of practice in relation to the processing of data in connection with the provision of education to children—an area where the introduction of AI could expand how children’s data is shared and used. Understanding how our children’s data is used is extremely important, as we have heard from noble Lords across the Committee, but it is important that we can use it. One of the biggest data sources that could move the needle on, for example, AI marking systems for formative assessment, is held in our national exam scripts. We need to be very intentional about the areas that we focus on.
My Lord, it is a pleasure to follow the noble Baroness, Lady Finlay, and to share in her concern about the need to prepare pupils in this age of shocks where we literally do not know what is around the corner. I have often spoken in your Lordships’ House about the need for first aid education in schools. This amendment is broader than that.
We need education that prepares people for life and not just for exams. I note that recently some basic questions about first aid have been introduced into the driving licence test, which shows that there is some recognition by the Government of the need to act in this space.
I shall speak chiefly to my Amendments 502YB and 502YK and I thank the noble Baroness, Lady Boycott, for her support for them. Amendment 502YB, which would require a review of climate adaptation in schools, very much fits with the noble Baroness’s Amendment 502P, but her amendment is focused largely on the physical fabric of schools while mine is focused to a large degree on how schools behave and are arranged. It is more of a behavioural kind of question.
I note that the UK Health Security Agency has published updated guidance about heat for schools and early years settings. That guidance allows schools to relax uniform policy in the heat. It suggests that students should wear loose, light-coloured clothing and sun hats with wide brims, stay in the shade as much as possible, and wear sunscreen with high sun protection factors, et cetera. It also says that teachers should encourage students to take off their blazers and jumpers. But all that is in terms of encouragement and suggestions.
I put it to the Minister and the Government more broadly that we are in a situation now, particularly when we have so many schools with an unreasoning and almost religious attachment to rigid uniform policies, where there should be rules that say that schools must act to keep pupils safe. I note that the National Education Union suggests that 26 degrees should be set as an appropriate point at which to identify additional measures—so let us make some rules about taking action to protect our children.
On the broader point about climate resilience, the noble Baroness, Lady Boycott, referred to a London study; I shall refer to a London programme that may have followed from that, Climate Resilient Schools. In 2022-23, the Mayor of London funded measures in 100 schools to make them more resilient, but when we look at the website, we can see that that programme has now ended. Surely, we need an ongoing programme to make our schools more climate resilient.
I come now to Amendment 502YK, about the prevention of the transmission of respiratory and other diseases in classrooms and schools generally. I was looking at Amendment 502YH in the name of the noble Baroness, Lady Kidron, which would introduce a new clause headed:
“Statutory standards of filtering and monitoring systems deployed in schools”.
I thought, “Oh, this might be similar”, but, no, that is an amendment about computer or digital viruses. We have just had a very long debate focusing on those digital safety issues, but, somehow, even despite the Covid pandemic, we have rather less focus on biological virus risks—mine is the only amendment that does that.
You might call this the Covid amendment, and certainly I speak in the context where it is very clear that Covid is not over; a new variant, Stratus, is spreading fast and raising levels of concern. That means that Covid is still spreading and that more and more people are not just becoming ill in the short term but, as we know, getting long Covid. The pulmonologist, Binita Kane, has recently started an NHS long Covid clinic and notes that there has been a refusal to acknowledge the problem of long Covid, and the continuing problem. If we look at the history of the world’s medical treatment of so-called chronic fatigue syndrome, or myalgic encephalomyelitis, we see that there has been a refusal to acknowledge the issue of broader post-viral syndromes and the fact that people get ill for a long time.
There was a study out at the end of last year whose headline said that after two years 70% of the children who had shown the symptoms of long Covid were no longer displaying them. That means, of course, that 30% of the children who had been diagnosed a couple of years ago with long Covid still have it, and it is still affecting their lives. That is something that we cannot ignore about Covid—but, of course, this is not just a Covid amendment. Just because we have had a Covid pandemic, that will not have any impact on the continuing acute risks of a flu pandemic, something that the world has known much of in the past.
Ventilation and air filtration are also good for pupil concentration. It is good for general health to have fresh air in the classroom, and we need to be able to look after the health of pupils. I have a direct question for the Minister—I shall understand if she wants to write to me on it later. In 2021, England spent £25 million on providing all state-funded schools and colleges with a portable CO2 monitor for every two classrooms. There was further funding in November 2022 for the remaining 50% of classrooms. The recommendation is that CO2 levels should be kept below 800 parts per million, with indoor air at 600 to 800 parts per million being a relatively good level of ventilation. Can the Minister tell me now or in the future how many of those monitors are still in use and what kind of results they are showing?
The hour is late, so I will be very brief. I make three observations. First, we react to situations; we do not prepare for them. Secondly, we then set up a particular programme or campaign but we do not embed it; we do it until people have lost interest or media attention has moved on to something else; thirdly, schools or parents often come up with something, following a particular event occurring in a school and it starting a campaign—it is a pity that this is not shared.
It is not quite the same, but I think of the example of EpiPens and defibrillators in schools. In Liverpool, a poor boy aged 11 had a cardiac arrest in the swimming pool and tragically died. His family and immediate friends started a campaign, the Oliver King Foundation, to get defibrillators into every school in Merseyside, and that happened. All these amendments are certainly worth consideration.
My Lords, this is a diverse group of amendments.
Amendment 502M, tabled by my noble friends Lord Young of Acton and Lord Brady of Altrincham, is on the duty to keep schools open in person during civil emergencies. I think that we can all agree on the importance of this principle. We saw vividly during Covid that schools are crucial centres of learning but also places of community, which form an important part of the foundation of childhood. I support the principle behind the amendment that schools should remain open and that closure should be considered only ever in the most extreme circumstances. I am slightly less clear, looking at the noble Baroness, Lady Longfield, whether the Children’s Commissioner is the right person to advise the Government, but it will be interesting to hear what the Minister has to say on that.
Amendment 502P, tabled by the noble Baroness, Lady Boycott, and my noble friend Lord Gascoigne, on the creation of a safe and resilient schools plan, rightly highlights the importance of ensuring that our school buildings are resilient to climate change and responsible when it comes to emissions—maybe a building cannot be responsible but those building it can be. The previous Government set out in our Sustainability and Climate Change: A Strategy for the Education and Children’s Services Systems in 2023 a commitment for all new school buildings to be net-zero in operation, designed for a 2 degree rise in average global temperatures and future-proofed for a 4 degree rise. I am slightly confused by the noble Baroness’s amendment because I assume that the Government will continue with those objectives. If that has changed, can the Minister clarify?
Future buildings are a huge challenge, not just in funding but in the capacity in the building industry to deliver—although maybe the noble Baroness, Lady Smith, is working her magic in construction and green skills.
Amendment 502YA, tabled by the noble Baroness, Lady Finlay, is on civil preparedness training for pupils. Again, I am not convinced that there is a need for this amendment. There is already guidance and online training materials about how to respond to terrorist and other major incidents and I am not sure that we need more than that. Schools are pretty well equipped already.
Finally, Amendment 502YB, in the name of the noble Baroness, Lady Bennett of Manor Castle, is on the review of climate adaptation in schools. It is not helpful to focus on just one aspect of school buildings, as opposed to many other aspects, including the safety and security of the construction materials that they are built with. We should trust local authorities and school trusts to fulfil their safety, suitability and climate resilience responsibilities.
The noble Baroness then went on, I think, to suggest—maybe I am being harsh at this late hour—that the Government should be more directive towards schools on relaxing school uniform. The idea that the Secretary of State will not only count how many ties we have in school but now instruct schools whether to loosen them is just going too far.