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.

Home Education (Duty of Local Authorities) Bill [HL]

Lord Storey Excerpts

Committee: 1st sitting (Hansard): House of Lords
Friday 27th April 2018 Lords Chamber

[Lord Bird (CB)]

My Lords, I apologise for not speaking at Second Reading—please forgive me. I have to declare an interest, and here I address my remarks to the noble Lord, Lord Adonis. I was a child who was excluded from school, which meant that I had an incredibly impoverished education. When I brought up my own children, I started by putting them through the system where they failed and fell because they had inherited many of the problems I had. Poverty and crime and all these things can be passed on to many generations. They do not just fall off the map because you change your postal code.

I say to the noble Lord, Lord Adonis: my problem is that we fail 37% of our children in schools. When the noble Lord was the Schools Minister, he was a part of that failure in the same way as Justine Greening was, who reminded me that the failure rate is not 30% but 37%. Let us not do what I think is being done today, which is to bring together two considerations. The first is this. I have home schooled my children. If you meet them, you will find that they are the most socialised people I know. My grandchildren have also been home schooled, and I can swear on the lives of them all that their dignity, their citizenship and their quality of life have been increased incredibly by the beautiful opportunity we have to give parents and children a choice.

I am in love with that system, but I am aware that we cannot leave it to become a free for all. I have spoken to the noble Lord, Lord Soley, about this. However, I would ask the noble Lord, Lord Adonis, please not to bring two things together here. Social exclusion from school is a killer. I must have been one of the first pupils whose headmaster said, “You don’t have to come to school, Tony Bird. We will tick you off”. He did not call it home education; he sent me out shoplifting. It was a good Catholic school just down the road in Sloane Square—a lovely and beautiful school. They do not do that now.

The point I am trying to make is that we should not conflate these issues. The Bill drafted by the noble Lord, Lord Soley, is interesting because what it means is this: let us make sure that there are no perversities. However, school exclusion is a separate argument. I will be 100% with the noble Lord, Lord Adonis, as an example of a person who was violated by an education system created after the Second World War. They set up an underclass through the secondary modern school system, where all we were was being lined up to do jobs that had disappeared in the 1930s. That is one of the problems.

My problem is that I do not agree with the pedagogy in the school system today. It is preparing our children for 1972 while we have the fourth industrial revolution coming down the road. We should be preparing them for that, but I will leave that issue for another debate.

[Lord Storey (LD)]

My Lords, before I turn to the amendment, I want to say that of course no one wants to see pupils being excluded, but I have to tell noble Lords that all the meetings in the world with the Minister will not change things unless we are prepared to put in the resources to support special educational needs and to deal with all the other things that cause children to get into trouble in our schools. Teachers have a right to teach and pupils have a right to learn. A disruptive pupil can often destroy a classroom and a school. We want to change that system, and I agree that we should not have exclusions, but it is about resources.

I support the amendment. It is absolutely bizarre that, as a society, we do not have a clue how many children go missing from the education system or how many are being home educated. We have responsibilities towards children. There are very good home educators. I have been looking at the guidance for parents on home education. It is a charter to do exactly what you want.

What is the legal position of parents? You can decide from an early age that there are no requirements. What is full-time education? There is no legal definition; you are not required to do this and you are not required to do that. If your son or daughter is enrolled in a school and you decide to take them on holiday in term time, guess what. You end up in court. But there are no legal requirements on parents teaching their children at home to do anything. On the curriculum, we had a long, anxious and worrying debate about British values. If you are home educating, you do not have to teach those values at all. The guidance to home educators, which we proudly say is the full guidance on what has to be done, is a charter to do absolutely nothing.

What should we be doing as a minimum? First, it is right that we should ensure that local authorities have to record those pupils who are being educated at home. Parents should have to register that fact. But there are other issues linked to that, one of which is resources. When there is a problem, we often blame local authorities, but when there is a difficulty, we often ask local authorities to do something about it. If we are going to ask local authorities to do this work, there have to be the resources for them. You cannot just say, “Right, we’ll pile this pressure on local authorities”. Local authorities that do this work will need additional resources.

Again, the noble Lord, Lord Lucas, was right when he said in passing, “You know what, every pupil is worth a sum of money”. When that pupil is taken out of school and home educated, that money is lost to the education system; it goes back to the Treasury. Would it not be nice if that sum of money were used in some way, perhaps to support young people and excluded children or to give some resource to local authorities to ensure that this area is monitored properly? I support the amendment.

[Viscount Falkland (CB)]

My Lords, I rise to speak in your Lordships’ debate with some trepidation because education is not my subject and never has been.

First, I follow my noble friend Lord Bird in apologising for not having spoken at Second Reading. I followed that debate quite closely and I think the best words I can use to cover my feelings about it are those of the noble Lord, Lord Bilimoria, in debate on the withdrawal Bill: noble Lords must “get real” if they think that home education is the way to deal with excluded children. I say that because my third daughter—a video editor by profession—went to her local authority in a fairly poor part of north London one day and said, “I really want to do something. Seeing the number of excluded children in this authority, I’d like to offer my services because, having been a freelance video editor, usually working on film sets, I may be able to help these children in some way”. She has done so; over a number of years, I can safely say that she has been of some help. If they are willing and she has spotted them as being possibly suitable for this kind of experience, she has met children who have been excluded for violent behaviour, come from very poor backgrounds and have not co-operated at school at all, for whom exclusion is an option—although I deplore it. Like the noble Lord, Lord Adonis—if I understood him correctly —I think exclusion is an absolute disgrace. My daughter thought she could see something that came within her field in the children she had spotted. She said she would encourage them to come up with an idea, either fictional or from their experience, and give them the opportunity to learn how to create a story and put it in visual terms—in others words, they were going to film it together and produce four to five-minute films. She has been doing this for three years and shown a number of examples of her work with these children, including in your Lordships’ House.

I would say, as would noble Lords who have seen some of it, that her work tells one something about excluded children: they generally come from very poor backgrounds and bad homes, so it cannot be said automatically that if school does not suit a child, they should be educated at home. The kind of homes that the children taught by my daughter come from would not be interested. That is why those children are what they are and have imaginations that have turned negative —which she tries to turn positive and creative again—so it would not work. Now a raft of pupils has passed through her hands and some of the films have been quite brilliant. Those children, who would hardly speak to anybody and found it difficult not to resort to violent behaviour, have found being encouraged to use their imaginations and being taught to turn that into a film an enormous success. I say that without exaggeration and without exception. First of all, the children generally get praise for what they do. When you begin to use your imagination as a child, it shuts out all kinds of resentments that you might have following a poor home background and a lack of success at school.

--- Later in debate ---

[Lord Storey]

My Lords, we very much support the amendment. It is a huge decision when you decide to teach your child or children at home. Yes, there is a very large home-school movement in this country. They network together, work together and support each other. In fact they have an annual five-day festival every year of home educators from all over the country. I have been invited to attend this year’s event and perhaps other noble Lords might like to come along and see them at work. However, they are on their own. There is no support and no advice. What happens during the period of exams? Where do the pupils sit their exams? They need help and support in that direction. What happens when they might actually want to use some of the facilities of a local school? Maybe the local school will be anxious to oblige, and the local authority can provide a brokering role. So I think advice and support are really important.

I suspect that the issue of resources is crucial. You cannot do this properly and make those provisions unless those resources are available. I shuddered slightly when the noble Lord, Lord Lucas, mentioned special educational needs, because already in mainstream schools there is a major funding issue over SEN. I do not know how we could make those resources available in the home education system; we should do, but it is quite a complex area. So this is an important amendment to support.

[Baroness Morgan of Huyton]

Personally, my Lords, I think we need to be a bit careful with this. Given the conversation on Amendment 1, when we were talking about one of the problems being large numbers of pupils who are now excluded from schools in a way that most of us feel very uneasy about, I would hate us to end up producing something in this Bill that said it was okay because there was a fund that did a little bit to help children who are being home educated. I accept that it is important to have the legal right to home educate but, again, the more that we keep this simple and have the wider conversation about support in the discussion that the Minister has offered on exclusions, the more helpful that would be.

--- Later in debate ---

[Lord Warner]

My Lords, I strongly oppose the amendment. I do so because the noble Lord, Lord Lucas, seems to be arguing that because we cannot have the perfect system, we should not take a few steps along the road towards such a system. There have been long-standing problems in the whole area of vulnerable children, which the Children’s Commissioner has identified, which would be helped a great deal if the Government could press on with a common identifier for children. The Minister has heard me banging on about this from time to time—I never miss an opportunity to bang on about it—but there is an issue of how the state joins up information about children who may be vulnerable in a number of ways.

Anyone who has been involved in public policy and seen the growth in the number of children claiming to be home educated would be worried whether there was abuse in that system. The sheer growth in numbers and its rapidity should make you anxious as a public policy person, whatever your politics, whoever the Government in power are. The noble Lord, Lord Soley, is trying to address that issue. He may not be solving all the problems of childkind, if I may put it that way, but he is trying in a practical way to tackle one element of the area of vulnerable children. We should not handcuff him in that effort by supporting the amendment.

[Lord Storey]

This is an opportunity to, and I hope the Government will, consider the points made. It is shocking that we have hundreds of thousands—well, not hundreds of thousands, but thousands—of children missing from our education system and no idea where they are. No society should allow that to happen. When teaching started, there were school rolls. A pupil’s name was put on the school roll, there was an annual census, the local education authority collected all the details and they were submitted to the then Department of Education.

During the Labour Administration, there was concern about missing children, so they brought in what was called the unique pupil number. The idea was that when each pupil started schooling, they would have a number which would follow them through the education system so you would know where they were, they would not go missing, they would not fall off the cliff. I was quite comfortable with that and thought what a good idea it was, but it did not work in practice. I recall from my final years as a headteacher a particular issue with a pupil and a family. The family took the pupil out of the school, went to see the local authority, did not get the school they wanted, so moved to a different authority. I wanted to find out what had happened to this pupil. There was information about his progress, special educational needs—a host of information that the receiving school should get. Nobody had a clue where he had gone. It was a legal requirement that a receiving school had to use that unique pupil number, but he just vanished and was never heard of again in the education system.

I did not realise that if a pupil went to an independent school, that number does not go with them either. There is a whole area here that we need to understand. I am not suggesting a Big Brother or Big Sister, but we need to ensure as a society that we know that our children are safe, not being put in vulnerable positions, and part of that safety is understanding the progress of their education and where they go.

[Lord Soley]

I am of the view that it would be better if we had a system where, when a child becomes of school age, they have to be registered at a school of some type, so I support what the noble Lord says, but I cannot possibly do that in a Private Member’s Bill. It is a matter for thought and discussion in government as to whether we consider that further down the line. It would help home educators, who feel a bit pilloried because they are singled out as doing something different, which we do not do if a child is going to a private school, or whatever, so I have that long-term preference, but it does not fit in the Bill, as I think the noble Lord, Lord Lucas, recognises. It is part of the discussion with government.

--- Later in debate ---

[Lord Bird]

I add to the comments made by the noble Lord, Lord Addington, that there are many ways to skin a rabbit or a fish, or whatever. It is about how we use education, and I welcome the idea that we do not tie it all down. We have a load of educational experts in the country: teachers. Other people are educational philosophers and developers. In Brazil, for instance, you can go to a school where they do not teach you anything at the age of seven except how to make a bike. In the course of the first term, the children come together to make a bike, in the process learning teamwork and other things. Whether you are dyslexic or not is entirely secondary, and it brings everybody together. I therefore believe it would be very wrong to tie home education down to a system chosen by practitioners. Practitioners have to get on with practising their art, which is teaching, and the philosophers, educationalists and psychologists have to look at where we will take our education in 10 or 20 years’ time. That is not the job of a practitioner.

[Lord Storey]

My Lords, briefly, on safeguarding, many home educators bring in people from outside to teach in particular subject areas, and it is absolutely important that we make sure that all the adults are checked by the Disclosure and Barring Service, which is what my amendment seeks to do.

[Lord Soley]

I do not wish to take up the House’s time on this, because I am conscious that there is another Bill to follow this one, and time is tight. I hear the arguments of the noble Lords, Lord Lucas and Lord Addington, on this. I talked yesterday at some length to the noble Lord, Lord Addington, about it, and I understand the problem of being too prescriptive. After our talk, I remembered that some months ago I looked at the possibility of having an appeal system for when things go wrong between home-educating parents with their child and a school or educational authority that is challenging the way they are doing it. I would not rule that out. However, again, that is too complicated to go in a Private Member’s Bill. I know the Minister is in listening mode on this, and perhaps this is one of those areas to which we ought to pay some serious attention. Although it is not a matter for the Bill, it needs serious consideration.

[Lord Lucas]

My Lords, to pick up on the amendments proposed by the noble Lord, Lord Storey, it seems sensible that a local authority should be able to know whether a parent who is home educating would pass the DBS test. However, we have to recognise that we let these people be parents. There is no bar on somebody who has committed one of these crimes having children and bringing them up. So far as I know, local authorities have no special responsibility to supervise their activities at home as parents or to otherwise inspect them. Would the noble Lord feel comfortable if we were to impose, as a matter of course, a requirement that everyone who has a conviction that might bar them from working with children should be inspected before they are allowed to have children?

At what point does being comfortable with them bringing up their own children make one uncomfortable with them educating their own children? Why does that give the noble Lord cause for concern? If these children are seen as a matter of course in the way that they would be at school because the local authority provides a proper level of support and is therefore content that the education is proceeding happily—

[Lord Storey]

Does the noble Lord not accept that anybody working closely or intimately with children, whether in a school setting, a semi-school setting, a youth club, the Scouts or the Brownies, should be safeguard-checked?

[Lord Lucas]

I am entirely comfortable with that and I have been through the process myself in the context of working with children. However, we do not require this of parents. As the noble Lord, Lord Bird, pointed out, parents do a lot of educating outside school hours anyway. I do not see—

Academies: Gender Pay Gap

Lord Storey Excerpts

Wednesday 25th April 2018 Lords Chamber

Asked by

[Lord Storey]

To ask Her Majesty’s Government what assessment they have made of gender pay gaps in academy schools and trusts.

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

My Lords, we are one of the first countries in the world to require all large employers to publish their gender pay gap and bonus data. Reporting will help to shine a light on where women are being held back and where employers can take action to support their whole workforce. These figures will mean that academy trusts, as with all other large employers, can start to analyse the data and take action to close the gap.

[Lord Storey (LD)]

I thank the Minister for that helpful and important reply. In answer to a Written Question that I put to him about the gender pay gap he said:

“Academy trusts are free to set their own salaries”.


This is of course taxpayers’ money, and when in 471 multi- academy trusts the median pay gap was 31.7%, that is not a proper use of taxpayers’ money. Where some chief executives of multiacademy trusts now earn upwards of £400,000 a year, that is not a proper use of taxpayers’ money. Surely it is time for the Government to use their financial clout and to realise that with trust comes responsibility.

[Lord Agnew of Oulton]

My Lords, the noble Lord, Lord Storey, is correct that academy pay is set by the trusts themselves. However, we have taken action on high-end pay. One of the first things I did when I took on this job in September was to ask officials to write to 29 single-academy trusts where there was high pay. Since then, we have resolved that 16 of them no longer pay the levels that were indicated in their returns. We have now also written to a number of multiacademy trusts, and in the last couple of weeks we have written to all trusts which pay more than £100,000 or which have more than two people in their trust who are paid more than £100,000. So we are alert to it, I am bearing down on it where we see excesses, and I will continue to do so.

Schools: Free Lunches and Milk

Lord Storey Excerpts

Tuesday 27th March 2018 Lords Chamber

[Lord Storey (LD)]

My Lords, the Minister will be aware that there is no cap on those people receiving a heating allowance. As the Government are in a listening mode, does he not think that we should ensure that every child who is officially defined as being in poverty should receive a free meal?

[Lord Agnew of Oulton]

My Lords, the free school meal mechanism was designed for those in the most serious stages of poverty, and with the transition to universal credit we have been very careful to ensure that the number of children who benefit from free school meals is retained. We have made an absolute commitment that during the transition period, any child eligible for free school meals will retain his or her entitlement, and that will continue if they are in the school system beyond the rollout period.

National Curriculum: Litter

Lord Storey Excerpts

Tuesday 20th March 2018 Lords Chamber

[Lord Agnew of Oulton]

My Lords, this comes back to my earlier statement that this is about a sense of public responsibility and duty. I am delighted that the fines for littering from cars have been increased. My noble friend will also be aware that from January this year we banned the use of microbeads in cosmetic substances—so the whole thrust is to improve the protection of our environment. I applaud the most recent action to which he referred.

[Lord Storey (LD)]

My Lords, the noble Lord is right to raise this issue and of course Keep Britain Tidy does a lot of work in schools. But now that we have light at the end of the tunnel, will the Minister not lobby the Government to provide more money to local authorities so that the highways, verges and streets that he is concerned about can be properly cleansed, with local authorities given the resources to carry that out? I know that this is not quite in the Minister’s brief but, while I am up perhaps I might ask—as some schools include this as part of PSHE—when the consultation on PSHE will be concluded, and will we have an opportunity to discuss the recommendations?

[Lord Agnew of Oulton]

My Lords, in relation to the noble Lord’s first question, if we can change attitudes we will not need to spend large sums of taxpayers’ money cleaning up the litter left by careless people. In relation to PSHE, the review closed on 12 February and we had a record number of responses. We will be replying to that as soon as possible. It is also worth noting that an additional requirement that we have of schools is for the social, moral, spiritual and cultural development of children. This is a high-level duty that sits outside PSHE. It is written into legislation and also into the academy funding agreement, and it includes issues such as respect for the environment.

Free School Lunches and Milk, and School and Early Years Finance (Amendments Relating to Universal Credit) (England) Regulations 2018

Lord Storey Excerpts

Tuesday 20th March 2018 Lords Chamber

[Lord Bassam of Brighton (Lab)]

My Lords, I make no apologies for moving this Motion. I make it plain from the start that I see this in very personal terms.

Back in the 1960s, a time which brings happy nostalgia for many noble Lords, I was a teenager at secondary school, living with my mother and stepfather. Shortly before the start of the 1966 World Cup, he collapsed and died of a heart attack. I was just short of 13 years old and, frankly, my mother’s world collapsed around her. She worked, as she always had. She was then a farm worker on a soft fruit farm that produced plants for sale all year round. She picked soft fruit in the summer months and then worked in the fields, greenhouses and packaging and distribution centre the rest of the year. It was hard, backbreaking work, sometimes with long hours.

The pay was regulated by the old Agricultural Wages Board. Her weekly take home pay was 157 shillings and six pence, the equivalent today of £7.85. The equivalent today, annualised, would be £7,152.60. With overtime, it would have risen close to the threshold set by the Government for cutting off access to free school meals. My mother would have faced a hard choice akin to those who face today a modern cliff-edge judgment. Like most teenagers, I found odd jobs to try to help pay my way, but in 1966 she was what we now call part of the working poor. In fact, until I did some research today, and assuming I have my sums right, I had not realised quite how poor she was.

There were not many silver linings for my mum becoming a widow and she struggled to cope, both financially and emotionally. Eventually, the local council transferred the tenancy to her. The loss of household income led to a housing allowance and, in turn, that triggered entitlement to free school meals. When my mother eventually got her head around it, she asked me to see if we qualified for something called family income supplement—it was a sort of universal credit of its time—but apparently we did not.

Why do I mention this, and why now? Free school meals were, for my mother, a godsend. They were not an add-on, they were an essential. She did not have to spend time packing a lunch for me and it meant I had a hot meal five days a week without her having to worry. It saved her time—if you are working poor, that matters—and it saved her money. That is what makes these regulations so abhorrent. The Government seek to dress up this change as something it is not. They say, as the noble Baroness, Lady Buscombe, did last week, that they are an act of state generosity because, when they roll out universal credit and it is complete, there will be 50,000 additional beneficiaries. This is not because the scheme is more generous; it is simply, as the Children’s Commissioner rumbled last week, because of an increase in the size of the school-age population by nearly half a million by 2022. In fact, as a percentage of the school-age population, fewer will be entitled to free school meals.

Studies show that the educational benefit of good eating habits are profound. Northumbria University’s work on this suggests there is a real benefit in terms of educational attainment of a midday meal for those from low-income households. It was precisely because of this link that school meals were first introduced back in 1906 and why Labour has done so much to encourage breakfast clubs to ensure that kids get fed before the school day begins.

The Government are not making these changes out of the goodness of their heart. These changes are being made as part of the continuing austerity package. Will the Minister enlighten us this evening on the level of continuous savings they produce for the Treasury? However, we know the value of free school meals to individual households: £437 per child for a year and more than £1,300 a year for a three-child family where all are in education. Take those sums away and that represents a significant cut to family income.

We are supposed to be reassured by the transitional arrangements. No family should lose out if they currently receive free school meals except when they move to the next phase of schooling. On transfer from primary school to secondary school, you lose out, and you lose out when you transfer to sixth-form college. Perhaps the Minister can tell us how many will fall out of free school meals eligibility through that route each year. I ask this: how will it feel if you are in a family where the youngest child moves up to secondary school and loses their free school meals as a result of moving phases, but has a brother or sister still in receipt of free school meals? This is a divisive policy in families where some will get the benefit until they finish school and others will not. What are the total numbers who benefit now, and who will benefit at the real end of the rollout? Perhaps the Minister can give us a better and fuller picture of the long-term impact. The Children’s Commissioner suggests that we will not know the difference until 2026 or 2027 because of the protections relating to the educational phases.

I have read the consultation document. At paragraph 4.4 it states that 90% of pupils currently getting free school meals will continue to get them. The 10% who will not amounts to roughly 110,000 children, a not insignificant number. Where is their transitional protection? In the White Paper on universal credit, the Secretary of State for Work and Pensions said:

“At its heart, Universal Credit is very simple and will ensure that work always pays and is seen to pay. Universal Credit will mean that people will be consistently and transparently better off for each hour they work”.


The Children’s Society argues that the introduction of the £7,400 earnings limit for free school meals creates a serious cliff-edge that fundamentally undermines that objective and will mean that many families actually become worse off overall by increasing their earnings. The society estimates that some 200,000 families with half a million children are at risk of falling into a new poverty trap where they seek to increase their earnings, or are forced to do so by their work coach, and they then lose the benefit of free school meals. It also estimates that a further 150,000 families with 400,000 children will find themselves in a position where they could be better off by reducing their earnings.

The best thing that can be said for the Government’s consultation paper is that it is confusing. In it the Government tell us that 1.9 million pupils will be sufficiently in poverty for them to apply the pupil premium formula to schools. If they can apply this number to schools, why not to pupils in poverty? Another DWP report on households with below-average incomes 1994-95 to 2015-16 suggests 2.3 million and 4 million children living in poverty, yet only 1.1 million currently benefit from free school meals and even on the Government’s best estimate, the figure will increase by just 50,000. The Children’s Society states that up to 1 million children living in poverty will miss out, and, as the Children’s Commissioner says,

“under any scenario, many hundreds of thousands and possibly well over a million children living in poverty are already not receiving free school meals”.

The Children’s Commissioner suggests that the Government should do four things. First, they should release the analysis behind what looks like a spurious claim for increased eligibility. Secondly, they should provide an estimate of the future number of pupils who will be eligible under a range of scenarios, including the old system of benefits-based eligibility, and the current system based on universal credit. Thirdly, they should provide impact assessments beyond 2022 to capture the full impact over the long term. Fourthly and finally, they should publish an estimate of the number of children who were previously ineligible for free school meals who will now become eligible because of the changes as compared against the number of 110,000 whose eligibility will cease as a result of the changes.

My Motion suggests that the Government should delay the changes for six months while they put their house in order, complete a full poverty impact assessment and place it before both Houses so that we get a complete picture. We should then consider these regulations again, otherwise they will penalise many of the working poor, people like my widowed mother who lived and worked in hard times and who asked for little. However, she needed a benign state not to penalise her, but to make life more tolerable so that she could just about manage.

Poverty does not make headlines, although it should. These regulations do nothing to solve the problems of modern poverty—rather, they surely make things worse. I beg to move.

[Lord Storey (LD)]

My Lords, I thank the noble Lord, Lord Bassam, for tabling this Motion and I was moved by his opening comments about his own circumstances as a child with his widowed mother. For many people, in particular those whose children have left school, it may not seem important for us to debate a tiny piece of secondary legislation that tweaks the regulations about who will be entitled to a free school dinner. But this measure is about children, specifically those who most need our support: children living in poverty—children who through no fault of their own are not well fed, even in one of the wealthiest countries on this planet.

For many children, the 190 hot meals a year they get in school, which on average comes to fewer than four a week, are the only “proper” meals they get. For them, a holiday from school is also a holiday from hot dinners. I can well remember Christopher, who I taught many years ago, telling me that he was always pleased to see the end of the summer holidays so that he could come back to a school dinner once more.

I am sure that we will hear from the Government about how the statisticians with their electronic slide-rules have worked out who should and who should not qualify for a free school lunch, to meet the demands of the small army of government accountants employed to deliver austerity. The reality is that hundreds of thousands of schoolchildren will, each and every one of them, pay the price for our meanness. Children in our poorest communities who are born next month, children whose brothers and sisters have benefited from a free school lunch, will not have that benefit. Why? It is because they will not be four years of age by April 2022.

Margaret Thatcher is remembered for many things, one of which was taking away free milk from children. Mrs May, I am sure, will be remembered for trying to take us out of Europe, but if these regulations get on to the statute book, she will also be remembered for taking away from many children their only hot meal of the day. Marie Antoinette is believed to have said “Let them eat cake” when she was told that the poor had no bread to eat. What will the Prime Minister say to poor children who have no free school meal?

The Liberal Democrats fought hard when in the coalition to deliver universal free meals for infant schoolchildren as we recognised the importance of a nutritious meal in ensuring that children are able to make the most of their education. These regulations, once universal credit is rolled out, will ensure that 1 million children will not be getting that free meal. Last week on 14 March, the Equality and Human Rights Commission published its final report looking at what the impact of changes to the tax and welfare system on families will be in the 2021-22 tax year. It found that children will be hit the hardest, as an extra 1.5 million will be in poverty. The child poverty rate for those in lone-parent households will increase from 37% to more than 62%, and households with three or more children will see particularly large losses of around £5,600. David Isaac, the chair of the commission, which is responsible for making recommendations to the Government on the compatibility of policy and legislation with equality and human rights standards, said:

“It’s disappointing to discover that the reforms we have examined negatively affect the most disadvantaged in our society. It’s even more shocking that children—the future generation—will be the hardest hit and that so many will be condemned to start life in poverty”.


We cannot let this continue if we want a fairer Britain. Appalling though this picture is, I am pretty certain that it does not take into account the additional impact on many poor families of these changes to the free school lunch regulations.

When I taught infant schoolchildren, if they occasionally misbehaved, I would say that I was sad in my heart. I am sad in my heart about these regulations and I regret the lack of humanity that these changes to the regulations demonstrate. Our children are our future and we must cherish and nurture them. On top of the negative impact on children of the tax and welfare reforms, this change adds insult and hunger to injury.

Schools: Outdoor Classroom Day

Lord Storey Excerpts

Thursday 15th March 2018 Lords Chamber

[Lord Agnew of Oulton]

The noble Countess is correct. Preparing for these Questions is always a somewhat anxiety-inducing exercise, but it is a way to learn about how Britain works. I admit that a week ago I had never heard of care farms and now I discover that there are 230 in England and that some 300,000 children are visiting them. We have committed to trebling that number of children. There is strong evidence to show that they can help children with mental issues; they can help to improve mood, and reductions in depression and anxiety can flow from these farms, so I was hugely encouraged to discover them.

[Lord Storey (LD)]

My Lords, has the Minister heard of forest schools? There is a strong movement of forest schools in the UK: given the Minister’s own formative experience of outdoor education, how can we encourage the development of more forest schools? Maybe there is an opportunity, with the Government’s announcement of the northern forest, to ensure that its development includes outdoor education opportunities for young people.

[Lord Agnew of Oulton]

My Lords, again, forest schools were a new discovery for me this week. I gather that we have some 400 of them in the country and that they play a very useful role in education about the outdoors for children. I can refer the noble Lord to one organisation that I used to be a trustee of 10 years ago. It is called the Country Trust and its purpose is to organise visits, particularly from inner-city schools, to farms and indeed to forests. So I support the sentiments of the noble Lord and anything we can do to encourage this is good.

Schools: Indoctrination

Lord Storey Excerpts

Tuesday 6th February 2018 Lords Chamber

Asked by

[Lord Storey]

To ask Her Majesty’s Government what steps they are taking to ensure that children and young people are not being indoctrinated in schools.

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

My Lords, extremism has no place in our society. That is why we changed the law on the requirements on schools so that they have to actively promote the fundamental British values of democracy, the rule of law, individual liberty and mutual respect for and tolerance of those with different faiths and beliefs. If there are any allegations of schools promoting ideologies or discrimination in the classroom, we will not hesitate to take action.

[Lord Storey (LD)]

I hear what the Minister says, but I am sure that he will agree that we should not allow religious extremism to pervert our education system or narrow the minds of our children. When unregistered schools are closed down, they often morph into a form of home-school tuition. Is not the time now right to make sure that home tuition is registered?

[Lord Agnew of Oulton]

My Lords, I note the concern of the noble Lord, Lord Soley, and indeed of the noble Lord, Lord Storey. In our debate on Second Reading of the Bill promoted by the noble Lord, Lord Soley, we made it clear that we recognised the concerns that had led to the introduction of the Bill in the first place. That is why we are producing for consultation a revision of the guidance for local authorities which clarifies that their powers in relation to home education often go further than is appreciated. We expect to produce the draft guidance for consultation in the next few weeks.