Academies: Special Educational Needs

Lord Storey Excerpts

Tuesday 16th December 2014 Lords Chamber

[Lord Nash]

My Lords, I am delighted to be able to answer my noble friend’s first question in your Lordships’ House. We know that some young people with SEN need longer to complete and consolidate their learning. That is why our reforms extend SEN provision to young people aged 18 to 25. Where needed, they can now get EHC plans from their local authority and receive the tailored support they need to remain in formal education. The code makes it clear that these plans should reflect their ambitions and enable them to make a successful transition into adulthood.

[Lord Storey (LD)]

My noble friend will note that there has been an increase in the number of children with special educational needs in academies to 12.5%. However, in 16-19 academies there is no requirement to have a special educational needs co-ordinator—the person in charge. Therefore, how does he envisage that those pupils who are on an old statement—or now an education, health and care plan—can navigate the transition and be provided with the support that they need?

[Lord Nash]

The schools to which my noble friend refers must make clear what their offer is for SEN pupils. They must provide for SEN pupils, and they must publish their plans on their website very carefully.

Employment: Young People

Lord Storey Excerpts

Wednesday 10th December 2014 Lords Chamber

[Lord Nash]

I could not agree more with what the noble Baroness says. The involvement of the unions on this side of the piece is extremely important. I am delighted to be able to say that the careers company will have an advisory board, which will help it to design and implement itself, and Askel will sit on that board. I note the very good work that the NAHT has done in relation to Primary Futures. I was visiting a Primary Futures event at a school in Oxfordshire on Friday and noticed that one of the ex-presidents of the NAHT sits on the Primary Futures board. The noble Baroness’s points are very well made.

[Lord Storey (LD)]

I, too, thank my noble friend for this important and worthwhile Statement. I also praise the Enterprise for All document. I particularly like the Fiver scheme for primary schools, which I hope will be extended. However, on the day that we hear the Association of Colleges saying that careers education is broken, my noble friend mentioned in his Statement that the Government’s plan for careers guidance has received support from organisations such as the Sutton Trust. Does he agree with the Sutton Trust’s recommendation that all pupils should receive a guaranteed level of impartial, professional advice in careers education, while schools should ultimately be held accountable for the quality of the careers guidance provided?

[Lord Nash]

I certainly agree that schools should be held accountable for providing careers advice. Ofsted has made it clear that it will look at this very closely in its leadership category and we have strengthened the framework in this regard. I have already said that I do not think there is any one way of providing careers advice and I do not think that we should rely too much on one-to-one advice. Rather, we should involve the world of work much more in careers in the way we have been discussing.

Child Poverty

Lord Storey Excerpts

Monday 8th December 2014 Lords Chamber

[Lord Storey (LD)]

My Lords, my noble friend will be aware that over the past five decades the gap has stayed the same, if not widened. Does he agree that all the evidence suggests, as we have heard from the noble Baroness, Lady Jones, that the provision of high-quality early years provision in dealing with the problems of poverty is a way of tackling this problem? Does he agree that we should extend the provision for all two and there year-olds and the provision of a pupil premium?

[Lord Nash]

My noble friend is entirely right that the attainment gap in early years is stubborn, although under this Government the number of pupils achieving five good GCSEs has risen from 31% to 38%. It is a question of money and we do not currently intend to extend this further, although I can say that of the 260,000 two year-olds eligible for this provision, on the latest figures, 150,000 are taking it up, which is a remarkable achievement in terms of an increase in provision.

Schools: Admissions

Lord Storey Excerpts

Tuesday 21st October 2014 Lords Chamber

[Lord Nash]

As I said, faith schools and church schools are an essential part of our school system. They account for a third of our schools and perform generally very well. However, faith schools may give priority to children from faith, but many do not do so. All free schools and new-provision academies may prioritise only a maximum of 50%. We are keen to build a diverse system that offers parents choice but we believe that all schools should educate their children in the basic tenets of all main faiths practised in this country.

[Lord Storey (LD)]

My noble friend will be aware that many families, particularly those who can afford it, move house or rent a house so that they can get the school of their first choice. He will also be aware that the top 100 best-performing schools do not take disadvantaged pupils as measured by the pupil premium. How can we ensure that children and young people from disadvantaged backgrounds get the same opportunities as those more advantaged pupils? Do we need to provide more information and education to those families so that they can have those choices as well?

[Lord Nash]

The Government are intent on improving the schools system so that all pupils have the opportunity of a good place. It is clear that some parents are able to buy houses near better schools. We are not in favour of that at all. We believe we should make all schools of a much higher standard so that that kind of thing does not happen.

Schools: Class Sizes

Lord Storey Excerpts

Wednesday 15th October 2014 Lords Chamber

[Lord Nash]

I would be interested in the noble Baroness’s definition of complacency because, despite the massive population increase, the previous Government cut the number of primary school places by 200,000 and the money by 26%. We have more than doubled the amount of money invested in class sizes. The relevant figures are that the class size in key stage 1 is 27.4 this year as opposed to 27.3 last year, a tiny increase. The pupil-teacher ratio is 21 in primary schools. Of course we would all like smaller class sizes, although the OECD and the EEF toolkit tell us that a reduction in class size gives a very poor return on investment and that increasing teacher quality and training is much better. It is true that some private schools have very low class sizes, but generally they are not as low as people think.

[Lord Storey (LD)]

My Lords, my noble friend the Minister will be aware that the UK has bigger class sizes than most of its overseas competitors. He is also right to point out that the £5 billion being spent to reduce class sizes is more than the previous Government were able to provide. However, those resources take a long time to work through. Does he think that where class sizes exceed the so-called legal limit schools should be allowed to put extra resources in, or perhaps be given extra resources in terms of an extra teacher or a classroom assistant, or perhaps be able use the pupil premium in such cases?

[Lord Nash]

In fact, the OECD tells us that our secondary class sizes are quite a bit below the average international size although our primaries are somewhat higher. However, we have no evidence for the high numbers in class sizes that some people refer to—I saw 70 in the paper the other day which is clearly misreporting. The statistics I have given give us great comfort that we have the right amount of investment in the sector.

Special Educational Needs and Disability Code of Practice: 0 to 25 years

Lord Storey Excerpts

Monday 28th July 2014 Grand Committee

Finally, although I have said that with implementation scheduled for September a failure to approve now would risk chaos, I believe that the Government should commit to an early review of the code following the academic year 2014-15, given the concerns that have been expressed. The Minister indicated that there may be an opportunity to pick up concerns raised at this stage—by which I mean now—when regulations are published later on, but a more definitive commitment to a full review after a year would be helpful and very much welcomed.

[Lord Storey (LD)]

My Lords, I want to be very positive about this code of practice because I think that this is an historic moment for special educational needs and disability. I start by paying tribute to everyone involved because we are light years away from where we were before. Two years ago I was a teacher who had to look at colleagues who were not prepared to offer a duty of care to children with medical conditions. Now that will change, and it is to do so straightaway. Two years ago, schools did not have to have a qualified teacher as a SENCO, but now they do. I would reflect on the fact that after three years in post, those SENCOs must have the national qualification. To my mind, in terms of mainstream schools, we are light years away from where we were before. As I say, I pay tribute to all those who have been involved in putting together this code of practice. The 270-odd pages that make up the code are actually very clear and readable. I would guess that if this document was handed over to the plain English society, it would probably get a high score. Ministers, the Government and all those involved have listened and consulted, which means that changes have been made.

I have a number of particular questions, some of which have been raised already. Perhaps I may go over them. I should like to know what the process will be when changes occur. What is the procedure for adding something to this document? I have already mentioned to my noble friend the Minister that I am particularly concerned about the issue of young people sustaining concussion as a medical condition in school. At some stage we will need clear guidance on that. However, it is only one of a number of things. How, in the months and years to come, do we go about looking at those areas where we have real concerns?

I should have thought that 12 months was too short a period for a review, but an appraisal needs to be made at some stage of how this document is actually working in practice in schools. I would also be interested to know, perhaps through Ofsted visits and through general feedback, how the clear responsibilities for SENCOs in schools work in practice. A noble Lord asked who the responsible people are to be. For the first time, for mainstream schools, what SENCOs have to do and are responsible for doing is clearly set out and there is no hiding from that. They are responsible to the head teacher and the head teacher is responsible to the governing body of the school.

Mention has been made of local authorities. Again, we know that practices vary widely across different parts of the country. This code of practice means that local authorities will have much greater clarity about what they are responsible for and what they should do. Again, that is light years away from where we are.

A hugely important issue is that of continuing professional development. The schools have now broken up and this document will land on desks in September—it will be a soft landing, I hope—but we need to make sure that over the coming terms, all staff in schools have access to professional development so as to be able to understand their responsibilities, the importance of the code, and what should now happen.

Again, issue has been made about those young people who are not on an education, health and care plan. I am used to a system of school action and school action plus which is replaced by a graduated approach. As the debate has taken place, I have had reservations about the graduated approach because it is not absolutely clear how children will progress. I do not expect the Minister to answer—we have had that debate before—but at some stage we need to come back to that issue and be satisfied that that graduated approach is working.

I am going to end as I started by congratulating everyone involved. I am sure that in years to come this time will be regarded as, if you like, not the end of the matter—of course that will not be the case because the points made by the noble Lord, Lord Low, will happen, but over time—but as the starting point to allow those changes to take place.

[Baroness Hollins (CB)]

My Lords, I echo what other Peers have said about the welcome strengthening of the code, if not its length. I know many in the sector are appreciative of the changes. Having been a member of the recent post-legislative scrutiny committee on the Mental Capacity Act, I would like to comment on the sections of the code that interpret how the law will apply to young people who may lack capacity.

The Bill, quite rightly, gives new rights to young people over the age of 16 to make decisions about their support, subject to their capacity to do so. However, it is unclear in the code who decides whether a young person lacks mental capacity. Is it the young person, their parents, the school or the local authority? The voices of the young person and the parents should, of course, be heard throughout this and I would welcome clarification from the Minister on this point.

Building on this, it is critical to ensure that decisions that young people make are not overly shaped by the desires and agendas of others, including local authorities and other professionals. Mencap has discussed its point of view with me. It would like to see emphasis placed on ensuring that young people get the support they need to understand properly the decisions they are making and to be helped to make an informed choice, both about their support and what they might wish to do after school.

I refer to Annex 1, which sets out the five key principles in decision-making when someone may lack capacity, but clarification is needed about the process to follow regarding a young person who is judged to lack capacity. The code states that in such a situation decisions will be made by a representative who is,

“a deputy appointed by the Court of Protection”.

Currently, under the Mental Capacity Act, a formal process is not always needed and a formal deputy does not always need to be appointed. Can the Minister clarify this and say whether the code is implying that a new type of education deputy will be introduced rather than following the best-interests process currently used for adults? It is not clear from the code how a decision on whether a young person has capacity can be challenged and I would welcome the Minister’s response.

We must remember that the Children and Families Act 2014 brings in new decision-making rights for young people aged 16 to 18 in terms of education. This is a very new area for the Mental Capacity Act to be applied in. I agree with my noble friends that it would be sensible to review how the code is working at an appropriate point and to focus specifically on this area of implementation of decision-making capacity judgments within such a review.

Birmingham Schools

Lord Storey Excerpts

Tuesday 22nd July 2014 Lords Chamber

[Lord Nash]

I welcome the right reverend Prelate’s “look forward” approach to this matter and am grateful to the diocese of Birmingham for its support for the schools and academies programme and its collaborative approach to working both with the department and with other dioceses. As the right reverend Prelate says, both reports are hard-hitting. We should all take stock and analyse all the recommendations.

As for being clear by September who is responsible for what in these schools, it is clear now today that we have changed the members of the Park View Educational Trust, which was responsible for three academies, Park View, Golden Hillock and Nansen Primary. They will become trustees of the trust. We will bring in further outstanding heads as trustees, who will be responsible between now and the beginning of September for securing the schools and analysing which teachers may have behaved inappropriately. They will not hesitate to take the right action against any teachers who have behaved unprofessionally and will make sure the schools are safe and ready for opening in September. Probably during August, we will work with potential sponsors for these schools to ensure their long-term future. This has invited a wider discussion about faith, which is very welcome.

[Lord Storey (LD)]

My Lords, I am grateful for the Minister’s Statement. Sometimes good can come out of a difficult situation. I have four questions to ask the Minister.

[Noble Lords]

Two!

[Lord Storey]

I have two questions to ask him. First, does he think that there is a need for Ofsted to inspect academy chains, and that the curriculum proposals should be for all schools? Secondly, he mentioned in his Statement that a number of head teachers were eased out through compromise agreements. These compromise agreements often come with confidentiality clauses. We currently know that up to £3 million of education money is being spent on these compromise agreements. Does he not think that we ought to look at this situation? Had those confidentiality issues not been linked to the compromise agreements, perhaps we would have got to the truth of what head teachers felt sooner.

[Lord Nash]

To answer my noble friend’s two questions, we have so far felt that, given that Ofsted is capable of conducting batch inspections on a number of schools in a chain, as it did in Birmingham and has done on many occasions, that gives it plenty of opportunity to examine the support that those schools get from the centre. Visiting the head office—when Ofsted probably would not see very much except the office—would not tell it any more. However, we keep that constantly under review.

On the compromise agreements, when I came to work in education I was pretty shocked by the lack of due diligence that was often taken over referencing people in teaching. Of course, what can happen as a result of compromise agreements is that bad teachers just pop up elsewhere, which is described in America as the dance of the lemons. That is something that we need to look at.

Education: British Values

Lord Storey Excerpts

Thursday 26th June 2014 Lords Chamber

Asked by

[Lord Storey]

To ask Her Majesty’s Government what plans they have to promote British values in all educational establishments in the United Kingdom in the next year.

[Lord Newby (LD)]

My Lords, I remind those speaking in the next debate that it is time limited. When the clock reaches three minutes, noble Lords should finish their speech as they have spoken for their allotted time. If a noble Lord is happy to take an intervention, I am afraid that the time taken up has to come out of their allocation.

[Lord Storey (LD)]

My Lords, first I thank all noble Lords who are taking part in this debate. Following the so-called Trojan horse scandal in Birmingham and the subsequent Ofsted inspection and reports, our Education Secretary of State commanded that every primary and secondary school should promote British values. The Prime Minister went on to say that we should be “more muscular” and less “bashful” about asserting our national identity. The Prime Minister said that every child in Britain should be taught about Magna Carta, the foundation of all our laws and liberties. I hope the teaching of Magna Carta will be better than that which the Prime Minister himself received. Noble Lords will recall that he had a bit of difficulty recalling Magna Carta on American television. I am sure an understanding of baronial rights and regulation of fish weirs and moneylenders can be made as relevant today as it was then.

As a direct result of the Ofsted reports into Birmingham, new clauses have been added to the model funding agreement for academies. It now stipulates that governors should demonstrate “fundamental British values” and gives the Secretary of State powers to close schools if they do not comply. These British values include respect for the law, for democracy and for equality, and tolerance of different beliefs. Of course, we have to be a little bit careful and not think we are the best in the world in our values. We have only to look through our own history to see recently how discrimination ripped through our country, how it affected gay people, how there was slavery and even the burning of people for their religious belief. Values are not set in concrete or stone; they change.

Both the Equality Act 2010 and the Human Rights Act 1998 prohibit discrimination on the grounds of disability, sex, race and religion, and today in Great Britain these liberal principles have never been in doubt. British individuals may identify themselves in different ways, but the notion of British identity is multifaceted and inclusive. British values reflect the pride we feel as a nation when we see a multicultural and ethnically diverse population working together to protect our democratic ideals and ensure that every child has access to the best possible education, regardless of their background. We cannot deny that the elements of Britishness stated by the Secretary of State are complex and open to interpretation. However, these intentions should not be written off as a pipe dream. We must not assume that such values lie out of our reach.

My previous experience as a teacher in a large inner-city primary school has highlighted to me the importance of citizenship education and its role in helping to shape future generations of young people and young adults. Citizenship education and improved political and social awareness are crucial to help youngsters understand one another. Education should be about not prescribing values or abiding by arbitrary morals and customs but being part of a respectful community of discourse on topics that affect us all. It is my firm belief that citizenship education is no different.

The Prime Minister expressed his desire for the Government to start inculcating British values in the curriculum. Having considered that, I find myself slightly bemused to see that academies and free schools—roughly half our secondary schools—can choose not to teach the subject at all and that routine Ofsted inspections do not review it. As a consequence, its omission goes overlooked in a majority of our schools. That needs to be reconsidered urgently. Our schools need clarity that citizenship must be delivered effectively under the national curriculum and will be inspected routinely—perhaps even with no notice, if that proves an effective tool to ensuring accountability—as part of the broad and balanced curriculum that every child deserves.

What happened among a few Birmingham schools does indeed raise a number of educational issues, which we have debated on many occasions in your Lordships’ House. Does it really make sense for some schools to be given the power to choose what they teach? Is not the curriculum too important to be solely in the hands of individual schools? Our inspection regimes must be universal and up to the mark. The Office for Standards in Education has to be the guarantor of quality; Ofsted’s reports must be the key to understanding how schools have performed. The suggestion that grade 1 schools might be exempt from inspection is dangerous. No school, however good, comes with a guarantee of permanent success. Standards can and do slip. Some 31% of schools graded “outstanding” in an inspection do not maintain that standard in the next inspection. Indeed, as we know, one of the Birmingham schools received an “outstanding” Ofsted inspection.

I was interested to read in an article written by the noble Baroness, Lady Morris of Yardley, in the Guardian:

“In truth, both the old model of local authority control and the new model of autonomy are flawed – and events in Birmingham should make us face up to it. Three organisations had the responsibility to spot and prevent failure in the Trojan horse schools – the Department for Education, the local authority and Ofsted. They all failed”.

I do not feel that being British or respecting British values is something that can be prescribed. The best way to unite Britons is to gain a mutual understanding and respect for each other.

[Lord Watson of Invergowrie (Lab)]

On that point of the people of Britain’s mutual understanding and respect, can the noble Lord explain why the wording of the Motion calls on Her Majesty’s Government to promote British values in all education institutions—presumably including colleges and universities—throughout the country, when Her Majesty’s Government have no control over education in Northern Ireland, Wales and Scotland, as a result of devolution?

[Lord Storey]

I am glad the noble Lord raised that point, because it is something I have said on a number of occasions. In actuality, when we debate education issues in this House, we talk only of the education service in England; we do not talk about Wales or Scotland. It would be nice to have a debate where we learn from some of the examples of the Scottish and Welsh education systems. For example, Wales, which is often derided in this House for some of its failings in education, is up to the mark on careers education and counselling. I am sure there are such issues in Scotland. I very much support and agree with what the noble Lord has said.

As I was saying, children should at a young age achieve an understanding of each other through citizenship lessons. The idea of citizenship is based on mutual respect, which the Government have vehemently championed in recent weeks. These sentiments are based on tolerant, helpful and liberal values. In your Lordships’ House we engage in respectful and meaningful discussions. That is why we must encourage our young scholars, whether in England, Scotland or Wales, to do exactly the same.

Schools: Teachers

Lord Storey Excerpts

Tuesday 24th June 2014 Lords Chamber

[Lord Nash]

There is no doubt that teachers who may not have had a particularly good academic career can substantially raise their game through CPD. However, it is also undoubtedly true that some teachers are now dropping out of the system due to a more rigorous approach. As I say, we are seeing a much higher quality of teachers coming into the system than ever before.

[Lord Storey (LD)]

My Lords, the Minister will be aware that highly qualified teachers are often leaving schools through confidential compromise agreements, costing the education service literally hundreds of thousands—maybe millions—of pounds. Is this a good use of scarce education resources? Does he also agree that when compromise agreements are decided by a school they should be open to public scrutiny?

[Lord Nash]

It is a fact that many schools, rather than go through an extensive competency procedure, which can be highly contested, decide to enter into compromise agreements in order to move teachers on earlier. These often contain secrecy clauses, but I know that this area is being considered more widely.

Birmingham Schools

Lord Storey Excerpts

Monday 9th June 2014 Lords Chamber

[Lord Nash]

On the events of 2010 or previously, I will not comment further. The Permanent Secretary is looking at that. We have established a due diligence and counterextremism unit, which is extremely well resourced and has proved highly successful.

On whether this is confined to a small group of individuals or a wider issue, that is for Peter Clarke to determine. Of course, there have been suggestions that there are issues in Bradford. Indeed, the Trojan horse letter was allegedly sent to someone in Bradford. Bradford City Council is taking these matters extremely seriously. One school has had an IEB placed in it. We do not believe that these issues are spreading that widely.

So far as creationism is concerned, or any other form of what could be called extremism, of course Ofsted could inspect these schools. Creationism is specifically not allowed in our schools and funding agreements prohibit it.

So far as the apparent change in the Ofsted outcomes is concerned, we have complete confidence in Ofsted’s findings. These are supported by the EFA’s reports. The chief inspector reports that a culture of fear and intimidation has developed in some of these schools since their previous inspections, which has resulted in significantly stark changes and low morale—as I said, since the previous inspections. It may also be the case that because these previous inspections were conducted on notice that events were concealed.

[Lord Storey (LD)]

My Lords, can my noble friend the Minister answer three questions? First, he will be aware that outstanding schools do not have the same period of inspection, so will these one-off, on-the-spot inspections also include outstanding schools? Secondly, how does he think that local oversight of schools can be advanced? Thirdly, would he consider that Ofsted should have as a hallmark of any inspection that the school provides a broad and balanced curriculum? Finally, he mentioned that any teacher who invites an extremist to speak in the school would be dismissed. I am aware of schools where governors invited extremist speakers into school to speak. Should that then not lead to the governor being removed—or the head teacher—for allowing that to happen?

[Lord Nash]

My noble friend asked four questions. The answer to the first, on whether no-notice inspections can occur in outstanding schools, is yes, if it was thought appropriate. On local oversight, I already expressed my views on the failure of that in this case. Noble Lords will know that we have hired eight regional schools commissioners who will provide oversight on a regional basis using head teacher boards from top academies. We believe that this is a more effective way of dealing with these matters. “Yes” is the answer to Ofsted looking for a broad and balanced curriculum. We will now consult on the ability for all independent schools to ban governors with extremist links. They would then be banned from sitting on maintained schools’ boards.