Teachers: Academies and Free Schools

Lord Storey Excerpts

Monday 12th September 2016 Lords Chamber

Asked by

[Lord Storey]

To ask Her Majesty’s Government how they intend to ensure that all teachers at academies and free schools are fully qualified.

[Lord Storey (LD)]

My Lords, I thank all noble Lords who have put their name down to speak in this debate.

There was a record number of 456,000 full-time equivalent teachers in state-funded schools in 2015, but retaining working-age teachers is becoming harder. The proportion of teachers leaving for reasons other than retirement is increasing. The number of teachers entering initial teacher training has been below the Government’s annual target for the past four years. In certain subjects, such as maths and physics, there has been a real problem of recruitment. The number of pupils is projected to grow by 13% between 2015 and 2024, adding another 900,000 pupils to the school system, so 50,000 new teachers will be required on top of those trainee teachers replacing leaving or retiring teachers. As I said, secondary schools face particular challenges in retaining teachers in sciences, languages and geography. However, Governments have always got it wrong on rising and falling birth rates—they have never been able to manage it properly.

Perhaps the most worrying aspect is not just recruitment and retention—it is how teachers feel about their jobs. The National Foundation for Educational Research has just published a report entitled Engaging Teachers: NFER Analysis of Teacher Retention. Every time we reorganise a school, bring in a new curriculum, change the exam system or alter the testing regime, it has an effect on teacher morale; it has an effect on their confidence and, actually, their well-being. It goes without saying that teachers who have had their morale knocked out of them will feel undervalued and not give of their best or be the excellent teachers that they should be. What can we do about it? Every time there is a minor change in your Lordships’ House many Peers are incensed. Imagine how we would feel if we had constant change here, and imagine how teachers feel.

In its February 2016 report, Training New Teachers, the National Audit Office called on the Department for Education to show that arrangements for training teachers,

“are more cost-effective than alternative expenditure, for instance on improving retention”.

It is not very cost-effective to spend considerable sums on training someone to be a teacher if they resign a few years later, when there will be the additional cost of training a new teacher to replace them.

I was recollecting—which is perhaps dangerous for me—that when I first started teaching I was responsible for what were called “top juniors”, the group of young pupils who would be entered for the 11-plus. In those days, there were grammar schools, secondary moderns and technical colleges, and then comprehensives were established. Then schools and colleges were allowed to develop specialisms, whether in languages, sciences or PE. My wife’s school became a specialist PE college, and luckily for her she was a PE teacher. Then there were academies: city academies and then academies—standalone or in multi-academy chains. As we know, 70% of our non-selective or independent schools are academies. You can give schools different names or different structures but what really matters is not the type of school but the quality of the school leadership and—most important of all—the quality and professional expertise of the teachers.

I have often said in this House that if a pupil in a primary school has a poor or mediocre teacher one year, they will not be able to repeat that year. If the pupil is learning a subject in secondary school and has a poor or mediocre teacher, he or she will probably be in danger of failing that subject.

In recent years, every time the PISA tables were announced, perhaps our most radical Secretary of State for Education, Michael Gove—perhaps I do him a disservice—constantly lauded the Finnish education system for its approach to education and learning. Great! In Finland, they recognise the importance of teachers. Teachers are valued and respected and, importantly, are not allowed to teach unless they have a master’s degree. By the way, in Finland there are no tests and testing regimes until pupils reach the age of 16. In this country, whether you are a pupil in an academy, a maintained school, a church school or a grammar school, the quality of the teacher really matters.

As I said, academies were first set up by the last Labour Government as an education strategy to improve educational standards, particularly in disadvantaged communities and areas of poor education, and drive up standards by replacing failing schools in struggling LAs. Originally, they were called city academies. Academies are not obliged to follow the national curriculum and are not accountable to their local community but directly to the Minister’s department via eight regional commissioners. They are not obliged to include parents or teachers as governors, can set their own salary scales and terms and conditions for staff and can employ unqualified teachers.

Pay and conditions are about not just the amount that teachers get paid but include sick pay, the structure of school holidays, starting salaries, salary structure, pay progression, chief executive salaries, probationary arrangements, teacher qualifications, rules about people taking redundancy pay and disciplinary and grievance procedures. If we do not have a nationally agreed scheme which applies to every type of school, we will end up with a free-for-all in education and—some with a particular political bent might like this—a free market economy. We have already seen that some academies are paying differential rates of pay so they can attract teachers in shortage subjects. However, if you pay more salary to one type of teacher, other teachers will get less. Just as the coalition Government fought against regional pay, so we should fight against a divisive system in pay.

Academies’ freedom to control staff pay has resulted in many senior staff receiving bloated six-figure salaries. Indeed, chief executives of academies are on a financial wheel of fortune for their remuneration, with a salary of £300,000-plus having been paid. Perhaps those Conservative Back-Benchers in the other place who want the salaries of the BBC’s top earners to be published should insist that the salaries of the top earners in academies are published as well.

Free schools and academies have been able to employ teachers without academic or professional qualifications since 2012. Since June 2015, the number of unqualified teachers working in academies has risen by 20%. In 2012, 2,320 academies that opened had funding arrangements requiring them to employ only teachers with qualified teacher status, similar to maintained schools. However, in September 2015, Schools Week reported that 34 academies had been granted permission to amend their agreements so that they could take unqualified staff. Will the Minister please ensure that all new academies have funding arrangements requiring them to employ fully qualified staff, and that any chances are taken only in exceptional circumstances?

There are a variety of different routes into the teaching profession, ranging from postgraduate certificates based at universities to School Direct, which, as the name suggests, focuses on training at the chalkface, to Teach First. Making sure that you are properly trained and qualified before you step into the classroom and have responsibility for the minds of children and young people must be an essential requirement. Teaching is not something that you just drift into without fully understanding what you are doing. Like any other profession, teaching requires a bank of knowledge and skills that cannot just be picked up as you go along. If you teach young children, you need to understand child development. Every teacher needs to be able to identify different special educational needs, and to understand child behaviour management and safeguarding —the list goes on.

If I go into a hospital, I want the doctors who treat me to have completed their training before they turn their attention to me. If one of them says, “I have a great bedside manner but haven’t yet finished the section on anatomy”, that will not fill me with great confidence. To be thrown in at the deep end is a route to frustration and uncertainty. Students deserve the best we can offer. We definitely want those with natural aptitude to go into teaching, but that aptitude needs to be refined and developed through proper training. I suspect that if it was a legal requirement for academies, or indeed any school, to have to identify in their school prospectus those teachers who had not been fully trained, there would be a sharp reduction in the number of unqualified teachers.

In my remaining time I will quickly mention two other things. We also need—perhaps the Minister could address this—first-class professional development for all teachers. Once you qualify or start teaching, we need to ensure that that professional development is not left to an academy chain or individuals. We need to look at a proper system of professional development for all our teachers. What happened to the idea of a royal college for teachers?

I end with a quote I picked up the other day, from a teacher, Mike Britland, who said:

“Every time the government opens its mouth about education, every teacher cringes”.

Let government open its mouth with care and consideration and in the interests of all teachers and children.

Grammar Schools

Lord Storey Excerpts

Wednesday 7th September 2016 Lords Chamber

[Lord Nash]

My job, of course, is to support the Prime Minister. I am fully aware that most grammar schools do an excellent job. However, this is a long-running argument and there are strong views on both sides. I assure the House that we will not do anything without detailed consideration and consultation.

[Lord Storey (LD)]

My Lords, it is interesting to note that the Chief Inspector of Schools has said that the reintroduction of grammar schools would be disastrous and a retrograde step. Let us consider some facts. As the Minister knows, Kent retains the grammar school system. In Kent, the gap in attainment between free school meals pupils and non-free school meals pupils at key stage 4 is 34%. In inner London, where there are no grammar schools, the gap is only 14%. By those figures, grammar schools are socially divisive. Does the Minister agree?

[Lord Nash]

The noble Lord referred to Sir Michael Wilshaw’s comments. I am a great fan of Sir Michael Wilshaw and he has done an excellent job as chief inspector. He is right to pinpoint the great transformation in London schools, started under a Labour Government through their London Challenge and academies programme, which we have sought to continue. In fact there is no clear evidence to support his views but, as I have said, we are keeping an open mind. We are aware of the strength of grammar schools and would like more free school meals pupils going to them.

Schools: Drama

Lord Storey Excerpts

Monday 5th September 2016 Lords Chamber

[Lord Nash]

What the noble Earl says about acting as a career could equally be said about many other careers, sadly, and that is why we have invested so much in school reform over the past five years. Specifically, we have provided means-tested support to ensure that talented 18 to 23 year-olds from all backgrounds receive the training they need to succeed in acting careers, and we have funded the Royal Shakespeare Company to provide all state schools with a free copy of its toolkit for teachers and to support young people performing Shakespeare in theatres.

[Lord Storey (LD)]

My Lords, we all know how important the creative industries are to the economy of this country so it seems strange that we are allowing there to be a decline in the creative arts subjects in our schools. The Minister can quote little odd examples but the facts show that for all the creative arts subjects, there has been a decline in the number of hours taught and the number of teachers teaching those subjects. Does he think the new Secretary of State for Education might look again at the cataclysmic effects that the EBacc will have on creative subjects?

[Lord Nash]

I entirely agree with the noble Lord about the importance of the creative industries in this country. That is one of the reasons why we have reformed computing and D&T GCSEs and A-levels to make them more relevant and ensure that our pupils have the necessary skills to succeed in these great industries. However, I remind him of the situation we inherited in 2010, where only one in five pupils in state schools was studying a basic academic curriculum that would be regarded as absolutely common fare in any independent school and in most successful jurisdictions. That is why we introduced the EBacc, because that curriculum is so important, particularly to pupils from disadvantaged backgrounds who do not get that cultural education at home. We have doubled the number of pupils taking EBacc and we intend to double it again, and more. We hope that by stimulating the intellectual juices of our pupils to study better academic and creative subjects, they will in time want to engage in the arts more widely.

Academies: Sponsors

Lord Storey Excerpts

Thursday 21st July 2016 Lords Chamber

Asked by

[Lord Storey]

To ask Her Majesty’s Government what arrangements are in place to ensure that sponsors of academies are not able to show unfair preference in the tendering process to companies owned by the sponsor.

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

My Lords, there are clear rules for academies which ensure that procurement is even-handed. They must follow the principles of regularity, propriety and value for money and have a competitive tendering policy. Connected parties may supply to their trust only under an at-cost policy and, unlike local authority maintained schools, they cannot make a profit from it. Trusts are transparent by publishing members’ and trustees’ relevant business interests and must publish details of purchases from related parties in their accounts, which independent auditors check every year.

[Lord Storey (LD)]

I am very grateful for the Minister’s reply. He will be aware of a number of high-profile cases where a businessperson has sponsored a number of multi-academy trusts and those trusts have procured substantial contracts from companies that the businessperson also owns. As the Minister rightly said, we want to see transparency with proper procurement arrangements and proper auditing. Given that the Minister has said those things, they are clearly perhaps not working.

[Lord Nash]

We need to get this in context. Related-party transactions are permitted and often related parties will provide services much cheaper than anybody else. In 2013-14 we identified only 13 cases in which either goods were not supplied at cost or it could not be verified that they were supplied at cost. They totalled under £500,000, which compares with the total academies revenue budget of £50 billion.

Schools: Funding

Lord Storey Excerpts

Thursday 21st July 2016 Lords Chamber

[Lord Nash]

The Secretary of State’s overriding consideration is to ensure that the reform is right and has the benefits of proper consultation. The change is too important to rush and, personally, I think her decision shows a great strength of mind. She has considered the matter carefully and decided that we do not want to put schools through the uncertainty, when they come back in September, of not knowing what their budget is to be for 2017-18. That conclusion shows great sensitivity for the issues facing our schools and teachers. As for the point about whether there will be any political bias in our considerations, I can assure the noble Lord that there will not be.

[Lord Storey (LD)]

I thank the Minister for making the Statement. As the noble Lord, Lord Hunt, rightly perceived, it is made against a background of cuts in funding in schools. He mentioned 5% but there are suggestions that with teacher cost caps, teacher pensions, national insurance and other on-costs such as wages, it will be nearer to 12% than 5%. On these Benches, while we welcome a fair funding regime, we agree with the Minister that you have to move carefully and cautiously. I was delighted to hear him talk about consultation, which is really important, but in any national scheme there will be winners and losers. We have serious concerns about the plan to cut the pupil funding by up to 1.5%. I have a direct question for the Minister: can he guarantee that the pupil premium funding will also be protected in real terms?

[Lord Nash]

I can answer that question. We have committed to protect pupil premium funding through to 2020.

Children and Social Work Bill [HL]

Lord Storey Excerpts

Monday 11th July 2016 Grand Committee

[The Earl of Listowel]

My Lords, I, too, thank the noble Lord, Lord Dubs, for tabling this amendment. I join in supporting, as have all noble Lords, what he proposes: a national action plan for the welfare of unaccompanied children. I have to reflect for one moment that the current changes, with the separation of the UK from the European Union, must limit to some extent the important international activity that can reach out to countries such as Ethiopia in the Horn of Africa, and support them to promote stability. The EU is less able to do that without us and we are less able to do it without the EU, so more of these children may come to this country in future because of the decision that was recently taken. I regret that.

I was grateful to the Minister for what he said in his letter on the Committee stage, which I received this morning. In it, he talked about Section 10 of the Children Act 2004. At that time, we very much regretted that that Act did not include a duty on the Immigration Service to promote outcomes for vulnerable children. It does for various other services, as the letter lays out, but I hope we can look at including in the Bill a duty on the Immigration Service to work with local authorities to promote outcomes for these children. Perhaps they should train social workers, for instance, to understand immigration issues and ensure that children get the right advice early on. In the past, there was a champion for children within the Immigration Service. In anticipation of our meeting tomorrow, can the Minister tell us who that champion is currently and what he is doing to promote children’s welfare? I support this amendment and I look forward to the Minister’s response to it.

[Lord Storey (LD)]

My Lords, I have taught three unaccompanied children at my school—obviously this was before the conflict in Syria—and we were making it up as we went along. There was no clear plan of what to do or what support there was. The three boys, as they were, were literally processed in Liverpool and arrived at our school. There was then a time lag while we and the foster parents to whom they eventually went tried to find someone to help with the language and with any other issues that they had. That is why the amendment in the name of the noble Lord, Lord Dubs, is so important. I could not dissent from a single word of it and, had this provision been available when those three boys came to my school, it would have helped tremendously.

Since then, of course, the unaccompanied children coming to this country have been traumatised by conflict and war. The noble Lord, Lord Judd, is absolutely right that what they need above anything else is stability in their lives. I agree with my noble friend Lady Pinnock: if the Government are not happy with the wording of the amendment, can they for goodness’ sake please come forward with amendments that will deal with this matter? There is the issue of when these young people reach the age of 18. We have grappled with that in a number of debates on various occasions. I found it heartbreaking when one of the unaccompanied children was nearing his 18th birthday and was going to be returned—to Mongolia, as it happened. Given that we as a country have now agreed to accept an additional 20,000 children, I hope that a national plan is in place for them.

Children and Social Work Bill [HL]

Lord Storey Excerpts

Wednesday 6th July 2016 Grand Committee

[Baroness Howarth of Breckland]

My Lords, I support the amendment because I argued for it during the passage of the Welfare Reform Bill. When the Minister turned it down then, he did agree to a whole range of other benefits such as kinship carers’ allowance and so on. Frankly, I think he reached the point where he could give no more. The illogicality of saying that benefits could be paid for two sibling children but not for two children who have been adopted separately must have been for the noble Lord, Lord Freud, who is an intelligent man, something to do with the politics of it all. I say that because it was clear at the time that this exception would make sense.

We trying to increase the rate of adoption. We know that the children who are now being placed for adoption are not easy. There are very few if any white middle-class babies being placed for adoption. Most of these children have special needs or they are older and therefore it is much more difficult to find a placement.

I recognise that the Minister here may not have the power to agree to the amendment, but he can go back and talk to his colleagues. We have discussed silos in government at length and how people need to talk across government departments. This is an area in which we could make a real difference to a group of people who wish to look after children and, more importantly, it would offer a better standard of living to the children being adopted. It would be easy and I am sure that it would not be vastly expensive, although I have not yet done the maths.

[Lord Storey (LD)]

My Lords, there are moments in Committee when we can listen to people with a lifetime of experience in law and the military, but we ignore at our peril someone with experience of adoption who speaks from the heart and makes such an emotional plea. Certainly our side thinks that this is an important issue.

It is not just an emotional issue, of course; it is also fulfils that awful phrase we use constantly—it would be value for money. This obviously makes sense. I had not appreciated how many low-income families adopt children. We should support them and thereby, we hope, increase the number of children who are adopted.

The last time I heard such an emotional plea was when my noble friend Lady Benjamin made a similar presentation and, I believe, stalked the Minister on a few occasions outside his office. Perhaps the noble Baroness, Lady King, could do the same, but I hope the Minister will take note of this issue.

[Lord Warner]

My Lords, I support this amendment. I will not offer flattery, as the Minister probably knows, but I take him back to the post-legislative scrutiny report of the Select Committee on Adoption Legislation. It is a shame that the noble and learned Baroness, Lady Butler-Sloss, is not in her place, but some of us met a lot of adoptive parents, some of whom were on quite low incomes. They made two points to us very strongly. One was the issue we have already discussed, about the levels of support for adoptive parents, but the second came from people who had been foster parents. They pointed out brutally—but in an amiable sort of way—that the financial disincentive in moving from being a foster parent to an adoptive parent was very high. This seemed to me and other members of that Select Committee pretty bizarre, given that the Government were at that point going hell for leather to promote adoption as the gold standard for permanence.

There is something not quite right here about what we might call the intragovernmental strategy—this applies not just in the Minister’s department—on how we align the financial incentives with the policy objectives. Therefore, the Minister should start to raise some of those issues not just within his own department but across Whitehall.

--- Later in debate ---

[Lord Hunt of Kings Heath]

My Lords, in the unavoidable absence of my noble friend Lady Armstrong of Hill Top, I shall move Amendment 99A, which is tabled in her name, on her behalf. The amendment has been drafted because there are concerns about the impact of the removal a child on the parents. Clearly the interests of the child must come first, but the removal of a child, whatever the challenges facing the parents and whatever the circumstances, is a momentous event, so it is right to consider what support should be given to the parents. It also makes sense because the parents may well go on to become parents again, and indeed sometimes again and again. Surely to give those children any chance at all, it makes sense to see whether an intervention being made post a child being taken into care might help any future children.

I know that, in the light of her experience, my noble friend feels that this is an important issue, and I hope that the Minister may be able to be sympathetic to looking at whether we can find a way of encouraging local authorities to do the right thing in this regard. I beg to move.

[Lord Storey]

My Lords, this is an important amendment that is worthy of serious consideration. There must be something worryingly and seriously wrong when mothers constantly have their babies removed from them. We have seen social services almost having to get care orders in place as the child is born, and it can happen three, four, five or six times. Obviously in all circumstances the interests of the child must be put first, but there also must be a realisation that something must be done to support the mother. Are there mental health or emotional issues at play? This constant removal of children safeguards those children, but it does not safeguard the mother. We need to try where possible to look at why this is happening.

This is an issue of which I do not have any experience and, indeed, I have not considered it. The amendment asks in a sensible and supportive way for us to look at therapeutic support and so on. There is also the cost aspect. If a child is taken away from its natural family and we as a society have not considered effective treatments that could reasonably be made available to keep the parent and child together, then surely as a society we are failing.

[Baroness Howarth of Breckland]

My Lords, I simply want to mention the organisation Pause, which has found a way of intervening with these families. I know that the Government hope to set up a unit looking at what works and that there are programmes that work in this field. I do not think this is a legislative issue. I think it is again an issue of spreading good practice through all local authorities. Sometimes the voluntary sector develops the best ways forward, and I hope the Government will do all they can to promulgate these programmes. I have removed children at birth from their mothers. It is a traumatic and appalling process to have to be involved in when working in social services. The follow up has always been poor for the mothers. We now have an opportunity to do something about it. We know how to do it.

Teachers’ Strike

Lord Storey Excerpts

Tuesday 5th July 2016 Lords Chamber

[Lord Nash]

I note that the noble Lord met with some of the 9.4% of teachers who have called this strike. I am personally saddened by the strike. We would like to promote teaching as a profession, but there is no doubt that the reputation of teachers is harmed by this strike—or at least the reputation of the 90.6% who did not vote for the strike is affected by the 9.4% who did.

On funding, we have protected the schools budget and the pupil premium. We have substantial resources available through the Education Funding Agency financial toolkits and benchmarking information. A great deal of advice is on offer to help schools with the challenges facing a lot of people resulting from higher pension costs, national insurance et cetera. Multi-academy trusts are particularly well placed to do this and many of them are very effective in this regard. Outwood Grange, one of our most highly performing multi-academy trusts, has a system called curriculum-led financial planning, which uses sophisticated, bottom-up modelling to make sure that resources are focused on the front line. They make this available free to other MATs and schools and it is proving particularly effective in improving resources for teachers.

[Lord Storey (LD)]

My Lords, it is a sad day for education when teachers feel that they need to strike. It must not be ignored that those hit hardest by this strike will be the pupils and students, who miss out on part of their education, and low-income parents, who do not have the disposable income to pay for childcare on a whim. The Minister has said that these strikes are unnecessary, as the schools budget is the highest that it has ever been. However, by doing this he is steadfastly refusing to acknowledge the dire financial situation that many schools now face.

The noble Lord, Lord Nash, stated in a Written Answer to me on 9 May that the on-costs of teachers’ salaries have risen by 25.4%. On 25 May, he proceeded to reiterate the Government’s promise from the spending review that they would protect the core schools budget in real terms during this Parliament. Why is it then that the Institute for Fiscal Studies forecasts that school spending per pupil is going to fall by 8% in real terms by 2020? Does the Minister deny that figure? Whether he agrees with the figure or not, the Government need to recognise that, with on-costs and other factors, schools are facing real cuts to spending. Will the Minister therefore explain how he intends to keep the promise made in the spending review?

[Lord Nash]

I entirely recognise the figure. As I have said, many schools and organisations are facing this kind of increasing on-cost—everybody is. We live in a climate of scarce resources. However, as I have attempted to explain, there are many resources available to schools to improve their budgeting. Schools are facing pressures on their budgets that, for many of them, are far greater than they have ever faced. Most school leaders have been brought up in a climate of ever-increasing income and they have never really had to go back to a bottom-up modelling of their schools. When they do that, they find significant savings and it results in money actually being spent where they want it—rather than what is often happening in a lot of schools where sometimes the budgets have grown like Topsy. We are finding much more effective financial modelling in schools now and this is resulting in a much greater focus of resources into the classroom.

Children and Social Work Bill [HL]

Lord Storey Excerpts

Monday 4th July 2016 Grand Committee

[Lord Watson of Invergowrie]

My Lords, in speaking to their amendments the noble Lord, Lord Ramsbotham, and other noble Lords have outlined the importance of recognising that looked-after children may have unidentified or unmet communication needs, which could prevent children and young people understanding and engaging with the changes that the Bill proposes. For those with communication needs to fully benefit from the Bill’s changes, it is essential that any accompanying regulations and guidance stipulate that, as noble Lords outlined in last week’s Committee session, on entry to the care system the initial health assessment that local authorities are responsible for undertaking should include a mandatory screening for speech, language and communication needs.

The document Putting Children First, which was mentioned by the noble Lord, Lord Nash, a few minutes ago and which dropped into our email inboxes about lunchtime today may well meet those concerns. It is a weighty document; not perhaps Chilcot-esque but there is quite a bit in there and it has not yet been possible to examine it in detail. I hope that that document, which I am sure is important, has some of the answers that have been asked for within this debate.

Amendment 32 would at least ensure that speech, language and communication needs are covered appropriately. To ensure that this is as effective as possible, it seems obvious and perhaps logical that people working with, supporting and caring for looked-after and previously looked-after children should receive training in awareness and communication needs, including knowing when to refer someone for speech and language therapy. It would surely be a matter of great concern if such referrals were not made due to the inability of the individual who comes into contact with them when they enter care. In the longer term, looked-after and previously looked-after children should have continuing access to speech and language therapy to help them address their communication needs as their lives progress.

I was surprised to learn that at present many children diagnosed as having speech, language and communication needs receive just one hour of direct intervention from a speech therapist each week and that at the age of seven, in all but the most extreme cases, that help often ends due to financial restrictions. Most then receive no further intervention until they enter secondary school three years later. That gap can surely have an extremely damaging effect on children with speech, language and communication needs. If that is so serious among the school population as a whole, how much more serious it is for children who are in care.

The fact that communication needs to be referenced so often in the various amendments we are considering today, not just in this group, highlights the importance of ensuring that such needs are identified when children and young people enter care and for those already in care to have any such needs identified when they are about to leave it. The importance of providing proper specialist support extends to the need for financial information and to understand relationships. So often, we have heard of young people leaving care being given their own accommodation without any proper planning or experience and with little ability to care for themselves. Debt soon follows, which can lead to accommodation being lost and benefits sanctions contributing to a terrible downward spiral. The difficulties of relationships ought to be another obvious area in which every step is taken to prepare young people as fully as possible for leaving care. Under some of the amendments we will deal with later, we will describe what can happen when people enter relationships without adequate preparation and support.

The amendments span both the corporate parenting principle and the local care offer. They strengthen the Bill and are worthy of our support.

[Lord Storey (LD)]

My Lords, I shall speak briefly to Amendments 30, 32, 38 and 57. I wonder why the issue of personal advisers being trained in speech, language and communication awareness is in this group when we will be discussing their role under a later amendment; however, we are where we are. A number of issues need to be brought together and understood, perhaps after Committee.

I shall give your Lordships a flavour of what I mean. First, let us deal with the point made by the noble Lord, Lord Ramsbotham, who rightly said that poor speech, language and communication limit not only children in care but young people generally. Eighty-eight per cent of unemployed men have speech, language and communication needs. They limit employment opportunities, affect their social and emotional well-being and contribute to literacy, behavioural and other social problems. The noble Lord, Lord Watson, said, “Let’s have mandatory screening”. What do we do in schools? Are we not screening there all the time? We are continually assessing and testing, so why do we need another form of mandatory screening? We need to ensure that that information gets passed to the relevant people.

I am sorry that my noble friend Lord McNally has been unable to stay. A year ago, I went to award the local youth offending team a dyslexia awareness certificate, which means that they can identify young offenders who have dyslexia problems. I was horrified to learn that no information is passed to that team on the academic, literacy or communication skills of those young offenders. Is that because of data protection issues? If we are to provide the necessary support for those young people in care, that information needs to be made available. If there is a body of information in schools, it needs to be passed on.

On personal advisers, your Lordships probably remember from Second Reading that I went through as many job adverts as I could find for personal advisers. I was concerned that there was no standard requirement; it was all over the place. Nowhere in any of those advertisements did I see any mention of speech, language and communication skills. The two are linked. If personal advisers are as important as they should be, part of their qualification or awareness must be in this area. How do we make that happen? Currently, there is no legal requirement on what personal advisers do, only suggestions. We need to spend time understanding that so that these people are the best who can be provided.

Finally, the key to this is making sure that the information is available in schools. By the way, this is not just an issue for children in care or care leavers, it is an issue for all children. I am glad that the Government, both in the coalition years and now, are addressing those issues in schools, through the pupil premium. I am a bit concerned—perhaps the Minister in replying could correct me on this—that we say that the pupil premium particularly should go to looked-after children. My experience in many schools is that it just goes into the common pot and the looked-after children, to use the vernacular, do not get a look-in. I want to be sure that perhaps Ofsted, when it is carrying out inspections of schools, makes sure that this pupil premium—where there are looked-after children—is particularly linked to the needs of the looked-after child.

[Baroness Howe of Idlicote (CB)]

My Lords, before I say a word on Amendment 32, it is extremely interesting how, as on the first day in Committee, fascinating bits of information from people’s background and knowledge of the whole of this area comes out, all of which is enormously valuable to those who are responsible for these Bills and this Bill in particular.

I support Amendment 32 in the names of the noble Lord, Lord Ramsbotham, and the noble Baroness, Lady Bakewell, because it states that the,

“guidance given by the Secretary of State must stipulate … the need to screen children … the need for those who work with … children … to receive training in awareness of speech, language and communication needs”,

and refers to,

“the need for appropriate support to be provided for those children and young people with speech, language and communication needs”.

Above all, I stress that there is a need to update regularly all those people who are in this position and working with these children in need. Although I agree that all children need attention and need us to be aware of how they are developing and of what particular skills that will be essential in their future lives they are lacking, nevertheless, it is those who are in this very important position who need to be updated and know exactly what is happening in this area. I am very much in support of everything that has been said on this group and I look forward to what the Minister will say.

--- Later in debate ---

[Lord Storey]

My Lords, I came to this Committee looking at the amendment thinking “No”. Young people themselves should be able to say “No”. Actually, listening to noble Lords, I now think it is absolutely right. These are the most vulnerable young people. For them to try and cut through the bureaucratic enjoyments of social services does not come easily. The onus should be on us to provide that support. This shows the value of a Committee, does it not? You listen to arguments and might change your mind.

[The Earl of Listowel]

I support Amendments 52, 53 and 74A. I was most grateful for the Minister’s encouraging reply on the previous group, which is relevant to this discussion, and for his sympathetic stance towards this. The current discussions about the pressures on local authorities, and the huge and diverse burdens they carry, might be one further reason why the onus should be put more firmly on them in primary legislation. Also, I am a little puzzled why one would wish to treat over-21 year-olds any differently to under-21 year-olds. My puzzlement is that if we are agreed that we should in this Bill make sure that over-21 year-olds receive the same entitlements that under-21 year-olds leaving care have had up till now, why should we not treat them in exactly the same way? I would appreciate some help with that question. If we can, and there is no legal impediment to do so, would we not want to give them exactly the same offer as that for under-21 year-olds?

On the personal adviser role, which was also discussed, I recognise absolutely the wisdom of the noble Baroness, Lady Scott, in talking about some flexibility in how that role is provided. One of the great successes in policy in this area in reason years has been the introduction by the coalition Government of Staying Put. More and more young people are now choosing to stay with their foster carers past the age of 18. We heard eloquently from the noble Lord, Lord Farmer, about the importance of relationships and the continuity of them. Thanks to Staying Put and the Government’s work, more and more children are choosing to stay, from a position where in the past we were not able to encourage them to do that or make it possible. Enabling foster parents to become their young person’s personal adviser may be a very good and appropriate thing. This is someone they already have a relationship with.

My concern is that there also needs to be rigidity in certain ways. My concern about the whole issue of children found in social care is that we have allowed too much flexibility in the social work profession. Until very recently, it was not a requirement that social workers should have a degree to practise what they do. Indeed, later parts of the Bill address this very fact of the overflexibility and a lack of specification of what social workers should do. This personal adviser role is important as well. Reports from right-wing think tanks such as the Centre for Social Justice highlighted the failure to have a consistent personal adviser workforce. There needs to be both flexibility and rigidity in the system. I suggest that there can be assessments and processes to decide whether it is appropriate to devolve responsibility to a foster carer or some extended family, or whether to keep it with a personal adviser. However, we need some rigidity.

It is very much an Anglo-Saxon approach to have a flexible workforce and it has many advantages to it, while the continentals face great challenges because they have a rather rigid way of approaching their workforce. I would argue that for vulnerable children, there have been advantages in the continentals’ rigid approach. It is well documented that they have far higher requirements for social workers. In staff at children’s homes, they have pedagogues who normally have a degree-level qualification and have had very substantial training, which I would argue is very appropriate to working in residential care. I recognise the noble Baroness’s concerns but I share the concerns around the Committee that the personal adviser role needs to be more clearly spelt out and specified. I hope that the Minister can help us with that in his response.

--- Later in debate ---

[Baroness Howarth of Breckland]

My Lords, I obviously support what the noble Lord, Lord Warner, has said, although I am not going to go through the long list of experiences that I have experienced as a director of social services, as an assistant director and a social worker, and even more so, working with the Lucy Faithfull Foundation, which dealt with predatory grooming adults and how they got in touch with children.

I am concerned about how we work through two parts of this. One is how we make absolutely sure that the vetting is solid and absolutely reliable for all the reasons the noble Lord, Lord Warner, has said—and how we set performance standards—but also, at the same time, as having some flexibility in who the young person might see as the person who is going to be their personal adviser. I think this is more complex than it looks on the surface. I think we could set standards of training—we have all done that in our time; we could have a vetting system and place it on a register, although I would say 130 days to get a vetting back from the Met police at the moment seems to me a scandal, and is interfering with the recruitment of appropriate social workers right across the piece. But we have to look at how we have both of those things together, with the young person having some choice about who they want to be their mentor. There may be people in their lives, such as a teacher who stuck with them right through their school or a foster parent who struck right with them. Are they seen as different from personal advisers, who are a sort of profession apart? I have not yet conceptualised who those people are in relation to all the other people who are supporting the young person, and where the standard is set. The one thing that is absolutely clear is that whoever they are, they must be vetted. In my day, we had people called children’s homes visitors, and we learned the hard way what happened if you did not vet appropriately those visitors, when young people disappeared on to the street. I would underline that—it is quite a complex question.

[Lord Storey]

My Lords, this is an important probing amendment. I now understand why it is in this grouping and not in the other groupings, and I apologise to whoever is responsible for that. As the British Association of Social Workers rightly said, it will be important to clarify what qualifications and capabilities will be required for the new personal advisers. Throughout our Committee discussions, we have shown how important personal advisers are and will be, in terms of speech and language and literacy, financial matters, and in putting the pathways plan together. It also is important that these are the right people for that and currently, there is no prescribed professional or occupational qualification determining which person should carry out the personal adviser’s function for any individual care leaver. There are suggestions of what a PA should normally possess. They should,

“be working towards a professional qualification … good practice …for the young person to maintain the same PA from the age of 16”,

et cetera. Presumably, the current personal advisers are DBS-compliant. If they are not, why not? I would have thought that was something that happened straightaway. They are working in a very intimate situation with young and vulnerable children, so if that is not the case, we need to know that straightaway. If it is the case, we need to look at the other suggestions that the noble Lord, Lord Warner, has made. We also need to ensure that the line management of personal advisers is not something that is just put on paper and does not happen but that somebody line-manages those personal advisers and sees them on a regular basis. There is another issue—that if we are not careful, sometimes young people who are emotionally vulnerable can make allegations against personal advisers, and that personal adviser is in a very difficult situation. If an allegation is made against a teacher, at least the teacher is in a setting where there are people around who can support and advise, whereas a personal adviser is acting entirely on their own. As well as any register and making sure that correct procedures have been gone through, there also has to be proper and effective line management of personal advisers.

[The Lord Bishop of Durham]

My Lords, I rise to express not dissimilar concerns to the noble Baroness, Lady Howarth. I firmly support the tenor of what is proposed, but at the same time I go back to Second Reading when the noble Baroness, Lady Hughes, raised the question of foster carers. Some foster carers will rail against the professionalisation of advice. If we believe that there needs to be flexibility in the range of personal advisers, we need to beware of the Bill being so constraining that we lose that flexibility. They have to be securely and safely recruited and vetted, and we must ensure that there is ongoing support. The concern just expressed about the vulnerability of an individual personal adviser also needs to be heeded. I wanted to place on record a concern that this is something that must still be wrestled with. We have not got to the bottom of the right answer yet, either with what is in the Bill or in the guidance. This will be another example of where the guidance needs to be seen before Third Reading.

--- Later in debate ---

[Lord O'Shaughnessy (Con)]

My Lords, I shall speak to Amendment 78, which relates to Clause 4, which inserts, under the heading “Educational achievement of previously looked after children”, a new section into the Children Act 1989 in order to provide information and advice to previously looked-after young people and their parents.

In particular, my amendment affects subsection (3) of the new section, which provides local authorities with a power to do,

“anything else that they consider appropriate”,

to promote the educational achievement of these young people. This is potentially radical wording—whether that is intentional I am not sure—but, as I said at Second Reading, that ambition is very welcome. It is not quite on a par with the power to innovate described in Clauses 15 to 19 but I certainly think that it acts in that direction.

Without wanting to presage the debate that will take place around that part of the Bill, it is already clear that noble Lords will demand that any such powers to innovate will need to be very carefully designed to avoid negative and unintended consequences. It is that spirit which informs this amendment. I am concerned that the subsection does not include the necessary safeguards to avoid negative and unintended consequences for some young people.

Local authorities have a number of duties to several categories of vulnerable children—not simply looked-after children but, for example, children with special educational needs and disabilities. Even as we move towards an academy-led system, local authorities retain direct responsibility for placing children with special educational needs and disabilities who have educational health and care plans. I am sorry for the continued jargon. My worry is that as currently constituted, the subsection gives local authorities permission to provide extraordinary support to previously looked-after children, which is of course welcome on one level, but even if that is at the cost of pupils with SEND, for example, who are much more numerous and may have more challenging needs.

My amendment would add a simple caveat to make it clear that local authorities must take into account the impact of their actions on other children for whom they have a responsibility when considering how to raise attainment for previously looked-after children. I am perfectly willing to accept that it may be unnecessary if I can get the reassurances that I seek from Ministers that it is not intended or that other safeguards exist, perhaps in other legislation.

I turn quickly to Amendment 86, in the name of the noble Baroness, Lady Massey. I strongly support the sentiment on the delivery of high-quality PSHE in schools. That is what we do through our character programme in the Floreat schools that I set up. I am also involved in the “Developing Healthy Minds in Teenagers” programme, which is trying to do something similar in secondary schools. I very much support the spirit of the amendment but I am concerned that it might tip us into a statutory PSHE curriculum which, as the noble Baroness knows, I am not ready to support because, as Ofsted has said, PSHE teaching in too many schools is not yet good enough. We need to fix that problem before considering whether it should become a statutory subject.

[Lord Storey]

I shall speak to Amendment 86. The noble Baroness, Lady Massey, has been a worthy champion of PSHE ever since I joined the House of Lords. I thought that the battle was over when in reply to her question the noble Baroness, Lady Evans, said that yes, she thought that it was important that all schools taught PSHE. I raised my hand in the air thinking, “Great, we’ve got that”.

I was interested in the comment of the noble Lord, Lord O’Shaughnessy. There is always this debate about whether we have to slim down the curriculum. It is said, “We don’t want to have statutory PSHE; we want schools—academies—to have freedoms”. Yes, I can subscribe to some of that but children are more important than them just having freedoms for curriculum development. There are really important things that need to be taught to all children and we have just heard a catalogue of them. It is hugely important that children have sex and relationship education and that they have financial education, and so on and so forth. I was fascinated by the noble Lord’s comments about the sort of work that he does in his schools. I pay tribute to that, but it should be for all schools.

I am not sure whether saying, “Let’s get the PSHE model right before we make it statutory” is the right approach. It should be the other way round. We should be saying that we will make it statutory for all schools—including free schools as well, incidentally, which I notice that the amendment does not mention—and then we make the resources, drive and determination to make that happen. That is probably one of the most important things that we can do for all children, but particularly for vulnerable and looked-after children.

[Baroness Evans of Bowes Park]

My Lords, Amendments 77 to 79 and 86 concern educational support for formerly looked-after children. The trauma and experiences of children who have suffered from abuse and neglect can have a long-term impact on outcomes and life chances, even once they have left care through a permanence order. The Bill seeks to ensure that everything possible is done to help these children and young people overcome the difficulties that they have faced and to realise their ambitions.

Our intention is to place a duty on local authorities to extend the duties of virtual school heads to support looked-after children who have left care under an adoption, special guardianship or child arrangement order. I assure the noble Lord, Lord Watson, that we will consider his Amendment 77. We will be talking to government lawyers about whether the current drafting fully captures special guardianship or child arrangement orders. We think that it does for adopted children but if it does not and the current drafting of the Bill does not achieve that aim, we will consider a government amendment to Clause 4. I thank him for raising that issue.

While I understand the point made by my noble friend Lord O’Shaughnessy in his Amendment 78, I am not convinced that it is necessary to place a duty on local authorities to consider the impact of what they will do on other groups of children. Local authorities will need to ensure that they do not spend disproportionate time supporting one child or group of children at the expense of others. Virtual school heads must do this now as some looked-after children will require more intensive support than others. I reassure my noble friend that the new duties in the Bill are deliberately light-touch—just providing information and advice—to allow virtual school heads to effectively prioritise their workload.

The role of the virtual school head for formerly looked-after children will be different from their current role. They will not have to monitor each child’s progress as they do for children in care for instance, as the child’s parents and carers will do this. We are confident that with the other specific duties on local authorities to support looked-after children, previously looked-after children will not be disproportionately supported at the expense of others.

On Amendment 79, again I do not think it appropriate to specify in primary legislation that local authorities must ensure virtual school heads have the resources to do the job. Clearly, we will expect all local authorities to do this and we will, via Ofsted inspections, check the quality of the service provided by virtual school heads. I assure the noble Lord, Lord Watson, that a virtual school head will not be an add-on to other duties. Their sole focus will be vulnerable children. Many virtual school heads already respond to requests for advice and information from parents and schools in respect of children who have left care through, for example, adoption. Clause 4 seeks to ensure that all authorities offer this service. However, I have asked officials to ensure that resources for virtual school heads are covered in the statutory guidance we will issue to clarify their role.

Finally, Amendment 86 covers personal, social, health and economic education for formerly looked-after children. We agree that all young people should leave school prepared for life in modern Britain. The Minister and I agree with the noble Baroness, Lady Massey, and the noble Lord, Lord Storey, that high-quality PSHE has a vital role to play in giving young people a better understanding of society and supporting them to make informed choices and to stay safe. The majority of schools and teachers already recognise the importance of good-quality PSHE education.

However, as I am afraid the noble Baroness has heard me say before, we believe it is not the availability but the quality of PSHE teaching that is the most pressing issue, as my noble friend Lord O’Shaughnessy highlighted. I say again: we will continue to keep the status of PSHE under review but in the short term we will prioritise working with experts to identify further action we can take to ensure that all pupils receive high-quality, age-appropriate PSHE and sex and relationships education. I am sure that the noble Baroness will continue to push us on this matter and that we will have many further discussions. I hope, on that basis, that the noble Lord will feel able to withdraw his amendment.

Schools: Religious Education

Lord Storey Excerpts

Thursday 30th June 2016 Lords Chamber

[Lord Nash]

We have a settled policy that evolution should be taught in schools as an essential element of a rigorous modern scientific education. Outside science lessons there is scope for people to discuss beliefs about the origins of the earth and so on.

[Lord Storey (LD)]

Will the Minister reflect on why, if the Government believe that non-religious beliefs have a full and important place in religious studies, they have moved to encourage schools and those who set syllabuses to ignore a legal judgment that sets out exactly that position?

[Lord Nash]

As I have said already, a much wider interpretation is being made of this narrow judgment than should be.