Schools: Music Education

Lord Storey Excerpts

Thursday 18th October 2018 Lords Chamber

[Lord Storey (LD)]

My Lords, I start by thanking the noble Lord, Lord Black, for initiating the debate and for his tour de force of a speech. He said everything. I agree with the noble Baroness, Lady McIntosh, in that I have agreed with everything that everybody has said so far.

My own roots in Liverpool mean that I have a particular fondness for both the sound of the Mersey and the Mersey sound. As all noble Lords will know, Liverpool is the capital of pop music, having had more number one songs in the popular charts than any other city. I think I have asked the quiz question before that if anyone knows which the first one was they would win a prize. Nobody came forward last time so I will give your Lordships the answer: it was “(How Much is) That Doggie in the Window?” by Lita Roza. Music in Liverpool is, of course, not just pop music and the Beatles, but our world-famous symphony orchestra, the Royal Liverpool Philharmonic Orchestra, which does incredible outreach work in many deprived communities in the city.

I have a great deal of respect for our Minister—I think that he is a very genuine and decent person—but he has an impossible task today. No doubt he will trot out numerous examples, quite rightly, of good practice throughout the country, with particular music hubs doing this and particular projects doing that. But the fact is, no matter how much he or his civil servants dress it up, I am afraid that the statistics from the Incorporated Society of Musicians make quite terrifying reading. Music teaching in our schools is currently in terminal decline. Of course, it is not just music but the creative subjects as well.

I just do not understand this. As the noble Earl, Lord Clancarty, said, why would we bury our heads in the sand? Why would we allow this to happen? The UK music industry is worth £3.5 billion to our economy, including £1.4 billion-worth of exports. The wider creative industries are worth £85 billion, growing at twice the rate of the British economy. Why would we put that in jeopardy? Any other country would be nurturing and developing this opportunity, yet survey after survey, whether from the BBC, the Institute of Education, the National Education Union or UK Music, shows that music and the creative industries are in decline.

Of course, as we have all heard, there is one beacon of hope—the independent sector. Perhaps it is no wonder that a disproportionate number of our actors, for example, come from the independent school sector. It would be interesting to know, just as we had the question about the amount we spend on education in this country, when the figures come through about teachers and creative subjects, whether we have stripped out the independent sector. Do we know what the figure actually is? I pay tribute to the independent sector for the support it gives to the maintained sector and academies up and down the land. One wonders today whether some of Liverpool’s icons, such as Simon Rattle at Liverpool College, Paul McCartney at the Liverpool Institute, or John Lennon at Calderstones comprehensive, would have been able to aspire to the positions they are in today, or were in, if music had been developed as it currently is.

What do we need to do? It is not difficult. It is one of those few occasions where we are not asking for lots of money. A couple of simple things can be done. First, we talk about the national curriculum. It is not a national curriculum. It is not national because it does not happen in Wales or Scotland, and because free schools and academies do not have to do it. That is why we are seeing increasing numbers of schools deciding to ditch the creative subjects, particularly music.

The second thing we need to do is reform the EBacc. Actually, I would prefer to get rid of it completely, but we could reform it. The good old noble Lord, Lord Baker, who was a fantastic Secretary of State and brought us the national curriculum, which gave an entitlement that every school followed and brought about creative subjects, has an idea of how we could reform the EBacc that would really work.

I have the opportunity in my role to visit quite a lot of schools up and down the country. Sadly, more and more schools do not have a music teacher. You see the teacher trying to do a singing lesson or a school concert where the CD button is pressed and the children sing along—a sort of kids’ karaoke. I was pleasantly surprised at a school I visited recently that there was a pianist—how unusual—playing a piano, not a keyboard, and a teacher conducting the choir. In many areas, what used to be the norm is now the exception. Pianos and pianists in primary schools are an endangered species. In this case, the school was lucky to have found a volunteer who could play the piano.

For many children, key stage 2 tuition on an instrument depends on whether the school can afford it, or, more likely, whether the parents can pay for small group lessons and instrument hire. A colleague I was speaking to earlier this week was paying £90 a term for his granddaughter to learn to play the clarinet. She was fortunate enough to have grandparents able to do so. Of course, they hired the clarinet as well. The same grandparents had already set up a standing order to the school fund to pay for the field trip at the end of year 5. I am not sure whether universal credit will pay these costs.

A secondary school was so short of music teachers that anyone wishing to train as a music teacher, even those with a 2.2—I do not diminish that—would be given a bursary of £9,000, assuming that, first, the secondary school can find the money to employ a music teacher; secondly, that the school can recruit a music teacher; and, thirdly, that the school has the instruments for the students to play

Only a handful of children have the opportunity to learn an instrument. Often tuition is supported by parental or grandparental contributions, and as in the primary school, these are in addition to regular requests for this, that and the other.

I would like to make it clear I am not criticising head teachers, who have to make ends meet with increasing demands on a decreasing school budget. Nor am I criticising primary and secondary teachers, who struggle to convey a passion for music to their students. Nor can I criticise local authorities, whose contributions to music hubs have been cut by over a third in one year. Without the resources to provide a minimum of adult social care or a guarantee that vulnerable children can be kept safe, reducing the grant to the nearest music hub is the tough choice local councillors are having to make.

A combination of austerity, a narrowing of curricula and a focus on quantitative exam results rather than a qualitative education experience has created a perfect storm for music in schools. Teachers are knee-deep in triple marking and whole music departments have been swept away by the tide of budget pressures. Meanwhile, the music hubs are making valiant efforts to rescue schools and children, efforts which in many areas are reduced to damage limitation.

In “Twelfth Night”, Duke Orsino proclaims,

“If music be the food of love, play on;

Give me excess of it…”

There is scant danger of there being an excess of the food of love in any of our schools. But we must focus what resources we have on ensuring every child has a rich musical education.

I was a head teacher at a school in a very deprived part of Liverpool. We had a full-time music teacher who taught from reception to year 6, and we had a 50-strong school orchestra. We were lucky to be awarded an Arts Council gold award. Those opportunities in the creative subjects were absolutely life changing for the pupils in that deprived community, and they should be available for all children.

Further Education: Teachers’ Pay

Lord Storey Excerpts

Tuesday 16th October 2018 Lords Chamber

[Lord Agnew of Oulton]

My Lords, I do not have that information to hand, but I will write to the noble Lord with some further information.

[Lord Storey (LD)]

The Government are always, quite rightly, banging on about the importance of skills and skills training. We have heard from my noble friend that there has been a 30% cut in the FE budget and, in adult education, there has been a 61% cut. How on earth will we attract staff to develop the teaching to develop those skills? He mentioned—I was quite surprised about this—that the Government are looking at this sector. When can we expect to hear about this assessment of the sector?

[Lord Agnew of Oulton]

My Lords, we have reformed the high-needs funding and disadvantaged funding in this sector and we are now putting in some £520 million for disadvantaged students. As I mentioned earlier, we have the strand of support that I have already discussed. If we look at apprenticeships on their own, for example, we see that we have nearly doubled the amount of money going into apprenticeships since 2010. By 2020, it will be £2.45 billion, which is double the amount in 2010. The other thing we have done to try to support the sector is offer sixth-form colleges, where appropriate, the opportunity to academise, which gives them a VAT-recovery opportunity. So we are looking all the time at how we can support this important sector.

Relationships and Sex Education

Lord Storey Excerpts

Thursday 19th July 2018 Lords Chamber

[Lord Watson of Invergowrie (Lab)]

My Lords, I thank the Minister for repeating the Statement and for arranging a briefing with his colleague the Schools Minister, Mr Gibb, yesterday for myself and other noble Lords.

The guidance has a 15-week consultation period, which I presume starts today. Six of those 15 weeks will be taken up by the school holidays, when parents, children and teachers tend be doing other things, so it is not really much more than a nine-week consultation period, which is pretty short. Will the Minister consider starting the 15-week consultation when schools return in the first week of September?

That said, we welcome the guidance and the fact that the Government listened to, and have acted on, the amendments tabled by noble Lords and MPs during the passage of what became the Children and Social Work Act. The guidance required for young people going through school today is quite different from what was required even 10 years ago. As the parent of a seven year-old, I am pleased that some of these issues are to be addressed at both primary and secondary school level.

It is vital that young people understand that certain what might be termed “difficult” subjects can be discussed openly, from grooming and the use of the internet to the meaning of relationships and what is appropriate or inappropriate sexual activity, to sexual orientation, bigotry—and perhaps the bullying that emanates from that—and transphobia. It is vital also that mental health, healthy eating, the need for exercise and issues involving alcohol and drugs will all be covered in schools via this guidance—again, that is a most positive development.

I have some questions for the Minister, most associated with the mandatory nature of the guidance. The right for parents to withdraw will surely become an issue and will, I imagine, be exercised by a significant number of parents, although I hope not too many. Can the Minister clarify how the issue will be dealt with after the “three terms before the pupil turns 16” cut-off? That is not clear in the Statement, which says:

“The draft guidance sets out that, unless there are exceptional circumstances, the parents’ request should be granted until three terms before the pupil reaches 16”.


Just before that, the Secretary of State says:

“I therefore propose to give parents the right to request their child be withdrawn from sex education delivered as part of RSE”.


So my question is: after the three terms before the child turns 16, will parents have no right to withdraw their child from sex education? What if the school is a faith school that does not recognise 16 as the age of consent for sexual activity? What will happen if a child of 16 opts to ask for information on sex education, which the guidance says all of them can do? Will the faith school then be legally obliged to provide that sex education even if it does not wish to do so? In that situation, how will a child seeking sex education be expected to proceed? Also, will schools be required to inform all children and parents as to what information they are entitled to? Clearly, nobody can access their rights if they are unaware of what they are.

Further, can the Minister confirm that the guidance will apply to all schools—maintained schools, grammar schools, academies, free schools, faith schools and independent schools? It is my understanding that it will, but only the first two of these types of school follow the national curriculum. How will the Department for Education know that children are receiving relationships and sex education in line with the guidance? Ofsted does not check independent schools, so who will, and how does the DfE intend to monitor all schools and ensure that the guidance is being complied with?

Finally, what resources will be made available to schools in addition to those that they already have? Many schools are facing huge budget pressures and cannot be expected simply to assume other responsibilities and the costs of training or teaching materials simply on the basis of what they have at the moment. Clarification on that point would be most welcome.

Parents want their children to be fully educated with the facts about all aspects of their own safety. What plans does the DfE have to ensure that teachers receive the necessary training to enable them to deliver guidance effectively? Already, teachers have heavy workloads. It is important that they are resourced to do this job properly, so what do the Minister and his department envisage as necessary by way of additional resources for teachers?

I hope that the Minister can answer those questions, but I should be clear that we offer our support for this guidance and its important aim of ensuring that young people are properly equipped for the challenges that they will face in keeping safe and healthy as they grow up.

[Lord Storey (LD)]

My Lords, we on these Benches very much welcome this Statement and congratulate the Government on bringing it forward. It is a very welcome first—perhaps not historic—positive step forward in equipping our children and young people to cope with life in a modern society.

I think it was David Cameron who, referring to Europe, said that we should “stop banging on” about it. I am, however, glad that on this issue so many Peers, MPs and organisations outside Parliament did bang on for some considerable time. That banging on has meant, in the end, that the Government have taken note. It is right to congratulate not just the present Government but the former Secretary of State, Justine Greening, who did a lot of work to get to this stage. I particularly remember meeting Edward Timpson, the then Children’s Minister, who was very clear in his view about this topic.

The importance that not only our party but young people, parents and teachers attach to this subject is clear from the 23,000 responses to the call for evidence. While there is no definitive tally of similar calls for evidence, I am confident that this number would be near the top of that particular league table. I have looked through the consultation, and I am glad that, as most school terms finish tomorrow, sufficient time has been allowed for schools to respond in the autumn.

It is quite interesting how the world, and government policy, have moved on in the last five years, but it is disappointing that what the noble Lord, Lord Nash, the Minister’s predecessor, said in this House five years ago—

“The Government believe that PSHE is a vital part of a broad and balanced curriculum and that excellent PSHE provision is part of the life-blood of all good schools”—[Official Report, 24/4/13; col. GC 426.]


—has not led to a commitment to go one step further and make PSHE a statutory part of the curriculum. I certainly do not accept that economic education is covered by the current provision in careers, maths and citizenship, as the Statement claims. It is welcome that students can decide, from the age of 15, to opt in to sex education even if their parents do not want them to. However, there is still a discussion to be had about whether one term of sex education in the year before the age of consent is sufficient.

Liberal Democrats believe there should be an independent standards authority to pilot, phase in and resource policy changes. Such an authority would be better able to monitor the introduction of RSE than either civil servants or Ofsted. A broad and balanced curriculum for life, as the Liberal Democrats would like to see, would also include mental health education, first aid and emergency life-saving skills and financial literacy, in addition to relationships and sex education. The Welsh Assembly has already introduced a new RSE curriculum on the basis of extensive research and consultation. What discussions have the Government had with the Welsh Minister?

In 2013, the noble Lord, Lord Nash, informed us:

“I agree that we need to improve the focus on this area through teaching, schools and ITT providers”.—[Official Report, 18/6/13; col. 136.]


I cannot, however, find any mention in the Statement about who will provide the resources to train teachers. Initial teacher training had been totally fragmented, and I am sure that head teachers will be trying to work out how to provide the high-quality CPD to bring their staff up to speed with yet another new demand on finite and shrinking resources.

I have three questions that I hope the Minister will be able to clarify. First, the Statement says that RSE will be prescribed core content for all schools. The phrase that I am unsure of—perhaps the Minister will explain how it would work—is that it,

“leaves flexibility for schools … with a religious character to deliver and expand”,

on that content. I am not sure how that will work in practice and what it means.

My second question has, I think, been asked by the noble Lord, Lord Watson. It is important not just to introduce this measure in 2019-20 but to make sure that it is of good quality, with qualified teachers and good resources. What funding has the Minister set aside to invest in high-quality training and continuous professional development?

Finally, the Minister says that financial education should not be made compulsory, as it is already covered in the national curriculum in maths and the careers strategy. The national curriculum, however, is not compulsory in academies and free schools. Are we planning to make it compulsory for those schools, so that this subject will be taught?

[Lord Agnew of Oulton]

My Lords, I thank the noble Lords for their questions on this subject and for their broad support. I thank the noble Lord, Lord Watson, for joining us yesterday and for the contributions that he made in that meeting. I hope that I will be able to answer most of their questions.

On the consultation period, the reason that we decided to issue the Statement today, ahead of the school holidays, is that most multi-academy trusts are open over these holidays. They cover half of secondary school pupils, so we felt that it was better to get the information out there sooner rather than later to enable them to get focused on the subject.

--- Later in debate ---

[Lord Agnew of Oulton]

My Lords, the point is that the subject is already being considered by the sector. That is why we have given it a 15-week period, which takes us to the next half-term. I was trying to answer the noble Lord’s question about why we issued it today rather than, say, on 1 September. Another thing we expect to see is a lot of schools introducing this from September 2019, which will be a year ahead of the statutory requirement. We expect that a lot of those early introducers will be the bigger chains, which are already further developed in this area.

The noble Lord also asked whether schools will be required to tell pupils and parents about the policy. It is clear that schools will be required to publish policies on their RSE and RE curriculum, and the guidance sets out what should be included in that notification.

On the right to withdraw, a parent may still request the withdrawal of their child in the three terms before they reach the 16 year-old age group, but if the child wishes to receive education, the school will be required to provide it. That is the case for all schools. To put that in perspective, 99.5% of children currently participate in the sex education that is going on in schools, so we do not feel that it will be a sensitive issue. Again, however, in the consultation we are asking for views from all respondents. If they feel that we need to improve the guidance, we are open-minded about doing that.

Regarding the materials and resources for schools, we are certainly committed to ensuring that schools are supported and ready to teach these new subjects to a high quality. Many schools are already doing that, so they will be able to adapt quickly to teaching the new subjects. But many schools will require some support, and we are asking questions in the consultation about where the help will be most needed. To support schools, we will ensure that there is a repository for quality teaching materials covering these new subjects. We intend to work closely with the unions, the MATs, the dioceses and subject associations to ensure that the right support is available for schools.

The noble Lord, Lord Watson, also asked whether the guidance will apply to all schools, including independent schools, and how we will know that the subject is being delivered in those schools. The guidance for relationships education and RSE will apply to all schools, including independent schools. PSHE is already a compulsory subject in independent schools and we will work with the Independent Schools Inspectorate, which already addresses these areas, to ensure that it covers the area adequately when it inspects.

I turn to the noble Lord, Lord Storey, who asked about the level of training that we will give to support teachers in these new areas. We will certainly amend the initial teacher training. In fact, perhaps I might give the noble Lord a list of the specific subjects that will be covered in the new areas. I think this gives a bit of context to the areas that teachers will address. The noble Lord will see from the list that much of this is already going on and this is just a way of codifying it. The subjects are: mental well-being; healthy friendships; LGBT; respectful relationships, including addressing inappropriate behaviour, harassment and exploitation; online safety; consent in all types of relationships, including sexual relationships where appropriate; tolerance and respect for others; the impact of viewing harmful content or sexually explicit material; and the law in relation to abuse, exploitation and harassment. That gives a flavour of the subjects, and I think they will be intuitive for the majority of the profession.

Schools will be encouraged to teach PSHE and may cover content that they feel their pupils need. The PSHE Association has today strongly welcomed our approach. I have a quote from the association that may provide some reassurance:

“The government’s commitment to mandatory health and relationships education is welcome and a major step forward. Damian Hinds has shown outstanding leadership in guaranteeing young people an education that supports their physical and mental health, wellbeing and relationships”,


and it goes on. We have made the association a key stakeholder in our discussions.

I think I addressed the topic of support to schools in replying to the noble Lord, Lord Watson, but I reiterate that we want to use the consultation to finalise our plans for the support that we provide to schools. It would be a bit premature to commit to a particular budget on school support before we get to the detail of the support that they feel they would like.

[Lord Storey]

Before the Minister sits down—perhaps he could write to me on this, because it is quite difficult to give a verbal answer—I get that the core RSE content will be prescribed for all schools, but then there will be flexibility for schools with a religious character to expand on that content. Could he write to me about how he sees that working in practice?

[Lord Agnew of Oulton]

I will write, but, to give the noble Lord some reassurance, two of the bodies that have been most effective in handling sex education have been the Catholic Education Service and the Church of England education service. Both have model ways of dealing with this, and part of that is early engagement with parents so that they do not feel that they are being railroaded into it and it is done in an inclusive way. I shall write with more details.

Primary School Children

Lord Storey Excerpts

Wednesday 18th July 2018 Lords Chamber

[Lord Agnew of Oulton]

My Lords, of course understanding the basic history of our country is fundamental, but to do that they need a good knowledge of basic reading and writing, and that is what I was referring to.

[Lord Storey (LD)]

Does the Minister agree that the primary stage is an opportunity to promote social mobility and challenge stereotypes? I congratulate the Government on the careers strategy. However, I am anxious that, as well as young children, we should also get parents involved in careers education, particularly in subjects such as engineering, and in getting young girls to take part in engineering. Does the Minister have any thoughts on this matter?

[Lord Agnew of Oulton]

My Lords, I do indeed. The noble Lord is right that stereotyping happens at a very early stage and research shows that it is more pronounced among the lower-income groups. That is why I am so pleased that we have initiatives such as STEM Ambassadors, which sends volunteers out to visit children in primary as well as secondary schools. Some 42% of those ambassadors are women and we had over 30,000 volunteers last year. Indeed, I discovered at the weekend that my own daughter, when she was reading chemical engineering, was one of those STEM ambassadors and she visited schools to do as the noble Lord suggested.

Sure Start

Lord Storey Excerpts

Thursday 12th July 2018 Lords Chamber

[Lord Agnew of Oulton]

My Lords, there are a couple of questions there. First, I confirm that the Government are very committed to early years education, and we have made a great commitment to it over the last seven or eight years. We know that centres with more evidence-based programmes are better at improving outcomes, and multiagency working gives beneficial results for children and families. That has informed our £10 million investment in What Works fund and our £8.5 million peer support programme. It is up to local authorities to decide which options to use.

On inspections, it was accepted several years ago that the process was not fit for purpose. To reassure the noble Baroness, however, services delivered through children’s services centres are covered by other regulatory frameworks, and local authorities must ensure that services provided in the centres have the approved safeguards. Where there are specific safeguarding concerns, HMCI still has the power to inspect any children’s centre, and the Secretary of State has the power to direct HMCI to inspect any centre.

[Lord Storey (LD)]

My Lords, to quote the Minister, we want to improve the outcome in early years. Taking the point that the noble Baroness, Lady Massey, made, how on earth can you improve the outcome in early years, in children’s centres, if you have scrapped inspections—1,000 have not been inspected for five years, and Ofsted have not had any inspections for three years—and abandoned the consultation you promised in 2015 in favour of a peer review? How can you improve outcomes when this is your response?

[Lord Agnew of Oulton]

My Lords, these are important questions, and I respect the noble Lord for his knowledge on this subject. We have adopted a different approach to early years. We have an ecosystem of support for early years; we have the children’s centres, the Sure Start centres, family hubs and the two year-old and three and four year-old offers. We are seeing progress in those areas. For example, in the two year-old offer, 72% of disadvantaged children are now benefiting from up to 15 hours of free early education, and there are nearly 23,000 providers offering funded places for two year-olds, an increase of almost 8,500 providers since 2014.

Boarding School Partnerships

Lord Storey Excerpts

Thursday 28th June 2018 Lords Chamber

[Lord Agnew of Oulton]

I thank my noble friend for this question and pay tribute to the important role that he played in setting up Boarding School Partnerships last year. Almost three-quarters, 37 of the children, showed a reduced level of risk and nearly two-thirds moved out of a high-risk category into universal services. Overall, 33 children were taken off the council’s risk register. These outcomes can only be described as very encouraging. For the right child, at the right time and in the right school, boarding can present an excellent opportunity.

[Lord Storey (LD)]

My Lords, the Minister will be aware that many local authorities had their own boarding facilities in the 1970s and 1980s, and sadly they were closed down over cases of safeguarding concerns. This scheme and the effect it can have on young people in care can be transformational—there is no doubt about that—but the numbers taking up the provision are very small. The Minister suggested how we might increase them. Local authorities have concerns and the Norfolk study, good as it is, followed only 50-odd young people. Do we not need to have a proper look at the cost benefit and the change it makes to young people, and then crusade about this and sell the idea to local authorities?

[Lord Agnew of Oulton]

My Lords, I very much take on board what the noble Lord has to say, and I respect his great experience in this area in particular. I believe my role in the Department for Education is that of exhorting local authorities to encourage them to consider this option. That is why we had the conference the other day. What was so uplifting about that conference was that, after the address from the panel members from Norfolk council, questions were asked for and a forest of hands went up. None of those questions was directed to me; they were all directed to the council representatives, who could speak of their experiences and show how they have overcome a lot of the problems the noble Lord mentioned—safeguarding has moved on enormously in the last 20 years. My role will be to continue to promote, and if there are blockages in the system that I or the Government can sort out, I will do my best to unblock them.

Grammar Schools

Lord Storey Excerpts

Wednesday 27th June 2018 Lords Chamber

[Lord Agnew of Oulton]

My Lords, the noble Lord makes a very good point. We have recently signed this memorandum of understanding with the Independent Schools Council, which is reflective of its changing attitude to try to help more children from disadvantaged backgrounds into its schools. But it is also relevant—and I thank the noble Lord for his prompt—that we have just signed a memorandum of understanding with the Grammar School Heads Association. This is all about sharing the aims of seeing more pupils from disadvantaged backgrounds sitting the entrance test, applying to grammar schools and being admitted. That is already happening, and more than 90 of our 160 grammar schools are already prioritising pupil-premium children where they can.

[Lord Storey (LD)]

My Lords, how on earth can grammar schools promote social mobility when, on the Government’s own figures, only 2.6% of pupils are on free school meals? By extending grammar schools, all that will happen is that you will take pupils from successful academies and maintained schools and make the situation even worse.

[Lord Agnew of Oulton]

My Lords, first, grammar schools make up only 5% of the secondary cohort in the country, so I do not believe that they can have a very detrimental effect on mainstream secondary schools. Also, for those children from disadvantaged backgrounds who are admitted to grammar schools, the impact can be substantial. The Education Policy Institute recently found that disadvantaged children attending grammar schools see the attainment gap significantly reduced from 7 percentage points in non-selective to 1.7% in their own schools. The aim is to get more disadvantaged children into grammar schools, and we have some great case studies where that is already happening. King Edward VI in Birmingham has an open-doors campaign, and in January last year had 191 children eligible for pupil premium, an increase on the previous year, which was 123. It is now up to nearly 12% of its cohort with pupil premium.

Children: Special Educational Needs

Lord Storey Excerpts

Monday 4th June 2018 Lords Chamber

Asked by

[Lord Storey]

To ask Her Majesty’s Government what assessment they have made of the impact of education, health and care plans on children with special educational needs.

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

My Lords, more than 98% of statements of SEN were reviewed by 31 March of this year, this being the deadline for introducing education, health and care plans. A survey of 13,000 people who received an EHC plan during 2015 found that 73% agreed that it led to the child or young person getting the right support. Ofsted and the Care Quality Commission are undertaking joint SEND inspections in all local authority areas. These are providing evidence of progress, including positive feedback on the impact of these plans.

[Lord Storey (LD)]

I think we all had high hopes when education, health and care plans were introduced. However, with vacancies in and shortages of educational psychologists, speech therapists, occupational therapists and SENCOs—and, added to that, schools having tough budgets and spending less on educational needs—young people and children often do not get the support that they need. A family from Liverpool wrote to me about Eva, who is at nursery. The nursery staff think that she is autistic, but she will have to wait 12 to 18 months because there is only one occupational therapist at Alder Hey Hospital to put her on the pathway. What would the Minister advise on this?

[Lord Agnew of Oulton]

My Lords, in 2018-19 the high needs block will rise by £142 million, to a total of £6 billion across England, which is up from £5 billion in 2013. Just last week we announced an additional £50 million of capital funding, bringing the total to £265 million of capital funding, to help build new places at mainstream and special schools. I would be happy to meet the noble Lord on the specific request he makes to discuss the case and, if necessary, I will ask the Minister for Children to write to the local authority.

Schools that Work for Everyone Consultation

Lord Storey Excerpts

Monday 14th May 2018 Lords Chamber

[Lord Storey (LD)]

My Lords, in terms of the Statement there are two important issues. The first is on the issue of selection. As a party we are totally opposed to the expansion of grammar schools, and I guess quite a large number of the members of the Government are too. The Minister knows perfectly well that had this been done in a different way, as was originally planned, he would not have been successful in getting it through the Commons, so this is a back-door way of trying to achieve that.

Why are we opposed to grammar schools? Every single study—whether by the Sutton Trust, Durham University, Education Datalab, the Education Policy Institute or the Institute for Fiscal Studies—says that it fails to find any evidence that grammar schools increase social mobility. In fact, it seems that children in a selective area who do not pass the 11-plus do worse than they would have done in a comprehensive area. We also know the effect the grammar schools often have on a community: they often take the best teachers, who want to teach in the grammar school, and of course they cream off pupils as well.

The Minister talked about developing a capital programme for grammar schools. Let us remind ourselves that only 5% of pupils go to grammar schools, and these plans will do nothing for the 95% of children who go to a local secondary school. In fact most grammar schools are in better-off areas; pupils in the north-east, most of East Anglia, the south coast and the west coast will not benefit from one penny of this money. We should also remember that when the Government increased the schools budget after the election, they did so by taking money away from local schools’ capital budget. They took money away from the capital programme of those schools, including PE facilities and other central projects. So what we are seeing here is money being taken and used for a small group of people, not even a geographical spread across the country.

If every single place at these expanding grammar schools went to children who were on the pupil premium, we would be talking about a very small number. However, if these grammar schools do not take children from disadvantaged backgrounds, what will the Government do about it?

[Lord Agnew of Oulton]

The noble Lord, Lord Storey, raises some important points. On the benefits of grammar schools, we know that pupils attending selective schools make better progress. On average, they achieve around half a grade better in eight GCSEs across core subjects compared to pupils with similar prior attainment in other schools. When disadvantaged children attend selective schools, the attainment gap is significantly reduced. So it is worth remembering that.

I want to tackle the issue of the low proportion of disadvantaged, free-school-meals children attending grammar schools at the moment. Launched in conjunction with the announcement on Friday were two important initiatives. First, to be eligible to apply for what we are calling the selective schools expansion fund, the grammar must submit a fair access and partnership plan. It has to set out very carefully what it is going to do about increasing the vulnerable group that the noble Lord refers to. Secondly, we also announced a memorandum of understanding with the Grammar School Heads Association, which represents 90% of all grammar schools, for it to take steps to widen access to all the other grammar schools. So they know where the wind is blowing on this. We are very focused on it.

[Lord Storey]

And if that does not happen?

[Baroness Morris of Yardley (Lab)]

My Lords—

Child Safeguarding Practice Review and Relevant Agency (England) Regulations 2018

Lord Storey Excerpts

Wednesday 9th May 2018 Grand Committee

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

My Lords, these regulations are essential to implement the safeguarding reforms set out in the Children Act 2004, as inserted by the Children and Social Work Act 2017. I welcome the work of the Secondary Legislation Scrutiny Committee in drawing these regulations to the attention of the House as an instrument of interest.

These reforms aim to improve the protection of children. As noble Lords may recall, they were based on the findings of the 2016 Wood review, which found widespread agreement that existing multi-agency working arrangements should be replaced with a stronger, more flexible statutory framework. Alan Wood also recommended a learning-focused system of reviews to replace serious case reviews. The Act enables the establishment of the Child Safeguarding Practice Review Panel. The panel will identify and commission reviews of serious child safeguarding cases which are complex or of national importance.

I am glad that, following a recruitment exercise conducted in accordance with Cabinet Office procedures, Edward Timpson has agreed to take on the role of panel chair. Following his advice and that of a skilled and representative assessment panel, we last week confirmed five appointments who will bring a range of experience to support him in this important work.

The Act also requires the three safeguarding partners —police, clinical commissioning groups and local authorities—to work together to make arrangements to safeguard and promote the welfare of children in their area. As part of this, they must determine the agencies with whom they intend to work. They must also identify and commission reviews of serious cases which raise issues of local importance.

These regulations will enable these provisions to operate effectively. The regulations set out the criteria which the panel must take into account when deciding whether to commission a national review. The panel must also set up a pool of potential reviewers. This arrangement will support our aim of improving the speed and quality of reviews. The panel may, however, select other reviewers if no one in the pool is available or suitably experienced. The panel may also remove potential reviewers from the pool.

As the panel cannot let its own contracts, the Secretary of State will hold the contracts with reviewers. Therefore, these regulations require the Secretary of State to appoint or remove reviewers from national reviews based on the panel’s recommendation. The regulations also specify details of the panel’s supervisory powers during a national review and of its final reports, including publication. Requiring public availability of reports for at least three years will ensure that national-level learning can be spread throughout the system, the key purpose of these new provisions.

The regulations also cover local reviews—the responsibility of the safeguarding partners. As for national reviews, the provisions cover review criteria, the appointment and removal of reviewers, reports and publication. Like the panel, safeguarding partners must make decisions on when it is appropriate to commission a local review, taking local review criteria into account. This includes any advice from the panel on whether a local review may be appropriate. The regulations support the timeliness and quality of local reviews. The safeguarding partners must monitor the progress and quality of local reviews and may seek information during the review to enable them to assess this. The regulations also specify some details that final reports must include and require reports or findings to be available for at least one year.

The regulations set out a list of agencies with which the safeguarding partners may choose to work. The Government first published the list in indicative regulations during the passage of the Bill. Safeguarding partners should select agencies relevant to their local areas. The list of those selected may change from time to time, although we expect schools always to be involved. The safeguarding partners should consult the agencies selected, and the published arrangements should include a list of those agencies. Duties on relevant agencies apply only to agencies included by the safeguarding partners in local arrangements. The Government consulted on these regulations and the associated statutory guidance last autumn. Consultees were largely positive, although some clarifications were made to the regulations as a result.

The panel will begin work on 29 June 2018, when the transition to the new multi-agency arrangements will also commence. Safeguarding partners will have 12 months to prepare and publish their arrangements, including selecting relevant agencies, and a further three months to implement them. Provided that the regulations are agreed, we will publish the final version of the statutory guidance Working Together to Safeguard Children within the next few weeks. This will support the new arrangements and complement these regulations.

I thank all those who have contributed to work on these reforms, including noble Lords present. These regulations will support more flexible joint-working arrangements, as well as promote better and more timely learning from reviews, and I commend them to the House. I beg to move.

[Lord Storey (LD)]

My Lords, the protection of children is perhaps one of the most important things that we should be doing. We welcome the safeguarding practice panel; if noble Lords do not mind me saying so, what an inspired choice Edward Timpson is as its chair. His work on the Children and Families Act was second to none.

I want to raise a particular issue that I hope the Minister will address: self-employed tutors. Unlike tutors employed by agencies, they are not legally obliged to apply for a Disclosure and Barring Service, or DBS, check. Accountants, vets, even traffic wardens are required to have such checks, despite the fact that their jobs do not involve regular access to children, yet private tutors who regularly work and are involved with children do not. In a Commons Oral Question, the Parliamentary Under-Secretary of State for Education said:

“It is ultimately the responsibility of parents to assure themselves about the suitability of any private tutor they might choose to employ before they engage them, for example by seeking and checking references, and asking to see a copy of any Disclosure and Barring Service certificate”.—[Official Report, Commons, 19/3/18; col. 12.]


As it stands, self-employed tutors cannot apply for a DBS check. Instead, they can apply for a subject access request, containing similar information, for a fee of £10, but they are not legally obliged to do so. I hope that the Minister will use this opportunity to deal with this rather strange anomaly. Either we insist that all tutors, whether self-employed or employed by an agency, have the correct requirements or, as a second-best option, they can apply for the certification, as suggested by the Parliamentary Under-Secretary.

[Lord Watson of Invergowrie (Lab)]

My Lords, I thank the Minister for introducing these important regulations. We recognise the paramount importance of child safeguarding, which should never be compromised, no matter the circumstances. We further recognise—in doing so, we are confident that we reflect public opinion—the need for a revamp of the system of serious case reviews following a number of deeply disturbing cases in recent years, compounded by the often inept handling of reviews into how such crimes were allowed to occur.

Many of those concerns were articulated during the passage through your Lordships’ House of the Children and Social Work Act and I do not intend to revisit them. Revised regulations and a new system of reviews was necessary and, in clearly outlining the requirements for such reviews at both local and national levels, these regulations perform an important function—no less so the requirements being placed on the relevant agencies to ensure the kind of joined-up action that was often absent in the past.

That said, it is difficult to avoid the conclusion that this is another incursion by central government into what is properly a local government responsibility, yet more resources are being found to establish yet another ministerial body—or are there? Just what resources, in the form of new money, will be made available is less than transparent. Yesterday, when these regulations were considered in another place, the Parliamentary Under-Secretary of State, Nadhim Zahawi MP, said:

“The funding should be sufficient to cover all elements of the arrangements. We do not expect the new arrangements to cost more than existing structures”.—[Official Report, Commons, First Delegated Legislation Committee, 8/5/18; col. 5.]


That suggests that the Government do not treat this serious matter seriously enough to commit to additional resources, should they be necessary. The existing system was not performing adequately, hence these regulations. To suggest that this revamp, and the appointment of a new body, will not add to costs is surely not realistic.

We know that the former Children’s Minister, Edward Timpson—he of the shoe shop family—will chair the new Child Safeguarding Review Practice Panel. I echo the words of the noble Lord, Lord Storey, that, with his record, he is a man in whom we have some confidence to carry out the task effectively. He will bring experience and authority to the post and we wish him well. However, he will be a busy man because he was also appointed last month as chair of the Children and Family Court Advisory and Support Service. He will receive £500 a day as chair of the panel, and his members, £400 plus expenses. Those rates do not sound unreasonable but if I have a concern, it is over the number of times that the panel will be required to meet and the number of panel members that it will require. I suggest that the cost remains an unknown, but perhaps the Minister can give us the Government’s thinking on this and how much, in rounded figures, it is expected to cost. As I said, it is not realistic to think that establishing a new body will not involve additional costs.