Education: Free School Funding

Lord Storey Excerpts

Monday 12th May 2014 Lords Chamber

[Lord Nash]

I can confirm what my noble friend says. I encourage noble Lords from across the House to visit schools such as Dixons Trinity Bradford, Reach Academy Feltham, Canary Wharf College or ARK Conway Primary Academy, all of which have been rated outstanding within months of opening.

[Lord Storey (LD)]

The Minister is right to point to the fact that there are problems of overcrowding in maintained schools. In fact, a survey by the Local Government Association found that in 2012 one-fifth of primary schools were full, with the obvious problem of increased class sizes. Will the Minister confirm that every parent who wishes to send their child to a maintained primary school will be able to do so? Will he confirm or deny that no money has been diverted or augmented from the basic needs budget to the free schools programme? Will he confirm that it is still government policy that no free school should be run as a business? This has somehow been caught up in the issue of the meals programme for key stage 1 children. Will he confirm that the Government are fully committed to that programme?

[Lord Nash]

Local admissions arrangements are for the local authority in the area, although it is true that virtually all academies and free schools use the local authority admissions process. I have already answered the second point about money being directed from basic needs to free schools. We have a very strict policy: no free school or academy can be run as a business. Indeed, no one with any close relationship with a free school or academy can provide any services to that school except at cost. The Government are fully committed across party to the universal free school meals programme.

Schools: Bad Behaviour

Lord Storey Excerpts

Tuesday 25th March 2014 Lords Chamber

[Lord Nash]

I agree entirely with the noble Baroness. Schools have good discipline where they have high standards and expectations across the board and a whole- school behaviour policy that is clearly communicated and consistently applied. For instance, when we took over at Pimlico Academy, behaviour was pretty awful. We used an approach that we had seen in the States, where they start with the pupils’ breaking the rules and getting into trouble and then move them slowly to a position where they behave because they want an orderly society and realise that that is the only way in which they can learn. I believe that behaviour policy should be at the core of all good schools. The noble Baroness is certainly right that rewards and incentives for attendance, behaviour, improvement and effort are all very important in promoting good behaviour.

[Lord Storey (LD)]

My Lords, the Minister may be aware that in Wales every secondary pupil has access to counselling services, and that independent empirical research has shown that there has been an 80% reduction in behavioural issues. He will also be aware that in Northern Ireland we fund independent counselling for young people, for obvious reasons. Does he think that there is a case for counselling in English schools? Should we look at a programme to develop such a provision?

[Lord Nash]

I know that my noble friend is very experienced in this area from his role as a primary school head in Liverpool for 20 years. Counselling is very important and there are some excellent counselling organisations, such as Place2Be. Our advice is clear that schools should be aware that when counselling is needed or mental health services need to be involved, they should involve other agencies. Counselling of course links with mentoring, for instance, when pupils at risk of being involved in gangs are mentored and counselled by particular types of people.

Education: Social Mobility

Lord Storey Excerpts

Thursday 13th March 2014 Lords Chamber

[Lord Storey (LD)]

My Lords, on this auspicious day when the Children and Families Bill receives Royal Assent, I congratulate my noble friend the Minister—the noble Lord, Lord Nash—on having secured this important debate.

I am always conscious that when we in Parliament at Westminster debate education, schools and schooling we are talking only about England. We are not talking about Scotland. The only power that we have in Scotland is over teachers’ conditions of service. We are not talking about Wales either, so let us be clear that the debate in many respects is about the English education system and English schools. Perhaps we should give our Secretary of State the new title of Secretary of State for Education in England.

Why do some talented children grow up to fulfil their potential and develop their talents in particular fields while others, sadly, never reach their potential? Or, to put it another way, what can we do to help all children succeed in life? There is no one answer, but surely it is our job to ask these difficult questions and find common threads that can help.

A person’s life chances ought not to be decided by the circumstances of their birth. Education and schooling must be the key to unlocking the door so that all children have the opportunity to thrive and prosper. What happens in the period from birth to the age of seven will decide a person’s life chances. It is suggested that all interventions after that period will have only a marginal effect. The country’s poorest children are likely to do worse, and make less progress, than their better-off classmates. I am reminded of the saying attributed to Ignatius Loyola: “Give me a boy to the age of seven and I’ll make him a man”. It is a little outdated, yes, but the maxim is as true today as it was hundreds of years ago.

Of course, we know that a child’s brain does not fully develop until about the age of seven, so the foundations need to be laid at this formative stage to make sure that learning can flourish and grow. We need to make sure that any problems are indentified at an early stage and, once they have been identified, that intervention strategies are put in place. Take reading, for example, which is probably the building block of all school learning. If a child is struggling with his or her reading by the time they get to key stage 2, it is an uphill struggle from there on in. Let me emphasise again—I underline it and underline it—that if a child is struggling with reading by the time they get to key stage 2, it will be a real struggle. As the Native American poet, Sherman Alexie, put it:

“If one reads enough books one has a fighting chance. Or better, one’s chances of survival increase with each book one reads”.

This sounds like an easy solution, but the fact of the matter is that, sadly, we can pinpoint the problem exactly. It starts when children come from homes where there is no love of books, no ethos about the importance of reading, and where parents, or carers, do not share books with their children. Children need, and thrive on, verbal communication. They need to feel, touch, explore, and even chew books when they are babies. They need parents to share stories with them every day. A true love of reading needs to be kindled, and nurtured, from a young age. You can literally say that non-readers and struggling readers will have a huge uphill struggle once they get past seven.

The figures speak for themselves. Children who do not reach the expected attainment levels of English and maths at seven are unlikely to do well at 16. Fewer than one in six children from lower income families who have fallen behind by the age of seven go on to achieve five good GCSEs, including English and maths. If a child from a disadvantaged family is already behind with reading by the age of seven, they have only a one in five chance of going on to achieve a grade C in GCSE English. We must, and should, ensure that building blocks are in place at an early stage, as falling behind at school, as I have suggested, has such a monumental impact on a child’s future life chances, and hence their social mobility.

The qualifications a young person leaves school with matter enormously to their chances of future employment. Just look at the furore at the PISA results. Indeed, Save the Children showed that, never mind the lack of opportunities afforded to the child, this also results in a massive cost to the health and coffers of the nation.

I mentioned early identification of problems and intervention strategies. Again this is crucial to the life chances of any child. Imagine the damage we do to a child by leaving the barriers to their learning and development unchecked, unnoticed and unresolved. That is why many of us have gone on and on about how teachers should, for example, be trained to identify dyslexia, how schools should have a trained person to test and advise, and how schools should have the necessary resources. However, there are many barriers to learning apart from dyslexia. If we could find out what they are early on, we could then deal with them, help the child flourish with their learning and go on to reach their full potential—and, by the way, help the UK economy.

If noble Lords will forgive me, I will stray slightly from the exact wording of the debate and remind us how parents need support in those crucial years of a child’s development. As the Education Select Committee recommends, we must focus our minds not on only a child’s educational development but on facilitating better parenting, improving health outcomes and helping parents back to work. That is why Sure Start centres were so important; they were targeted at the most deprived areas of the UK. Their success meant that there was a demand for universal provision, which strayed slightly from their original remit and purpose.

Some 3,500 centres were developed, which meant that we achieved almost nationwide coverage of children’s centres, but there is a wide variance in what is offered to different communities. Some have fully integrated centres while others have smaller signposting centres. Even with budgetary pressures, there are still 3,000 centres operating, and they have a crucial part to play in child development through the support that they can give to parents.

Yet we have lost direction from the original purpose of these centres. There is confusion as to the lack of a clear, defining model, and there are disparate versions of what is on offer. I agree with the conclusions of the excellent report produced by Barnardo’s, What are Children’s Centres For?. Barnardo’s suggested that they provide early intervention so that they become recognised as an early help service. Children’s centres should focus exclusively on providing services to families, from a child’s conception to school starting age. I suggest as much to the Minister. Perhaps the functions, duties and oversight of children’s centres should be placed on a statutory footing. I will leave that with my noble friend.

I mentioned earlier that we are talking about the English education and school systems, but whether a child is in England, Scotland, Wales or Northern Ireland, a number of important characteristics matter to all children, their learning and their social mobility. That must be about the points that I have perhaps overegged: the importance of the years from birth to the age of seven, and the importance of early identification of problems and early intervention. It is also about having primary and secondary schools with highly motivated teachers who are qualified, valued and respected. I was pleased and impressed to hear the information given by the Minister about, for example, graduates coming into teaching. That is hugely important.

We also need—I would say this, wouldn’t I?—the best possible school leadership. I regret the decision to close the National College for School Leadership, because leadership is not something that you just apply for; you have to have the qualities and characteristics to understand how leadership works. There are other areas that, again, are crucial to social mobility. I do not have time to go into them now but careers education is one example.

I end by saying that I hope we have seen some cataclysmic changes in the English education system over the past few years. I hope that we can start to come to a point where education is no longer an area that we constantly change, and that the political parties will come to a consensus and work with teachers, parents and pupils to ensure that the social mobility that we all want actually happens.

Schools: Academies

Lord Storey Excerpts

Tuesday 4th March 2014 Lords Chamber

[Lord Nash]

E-ACT was undoubtedly overambitious. It took on a lot of schools which were failing and in very challenging situations. Personally, I think that big business being involved in the academy programme is an excellent idea, and it was of course the noble Lord, Lord Adonis, who introduced this. As I said, this programme, which we are extending, is working extremely well, and we have extremely rigorous oversight of academy chains. We welcome Ofsted’s batch inspection of schools in academy chains and the support that it gets from those chains. However, Ofsted has a lot to do and, given the very tight grip that we have on the central management of these chains, we do not think that it is necessary for it to go any further than that.

[Lord Storey (LD)]

My Lords, my noble friend will be aware that academy chains are always catching up with some of the smallest local authorities in terms of the number of schools for which they are responsible. Local authorities’ children’s services and school improvements are inspected. Why does the Minister think that academy chains should not be inspected as chains?

[Lord Nash]

I think I have just said that I believe that the department has a very tight grip on the central management of academy chains, which, as I said, are performing extremely well by and large. That is not the case with local authorities, among which there are many unfortunate failures. Nearly 400 local authority schools are in special measures and 30 have been in special measures for 18 months. As my noble friend knows, a number of local authorities have, according to Ofsted, been performing particularly poorly.

Schools: Careers Guidance

Lord Storey Excerpts

Tuesday 25th February 2014 Lords Chamber

[Lord Nash]

I know that the noble Baroness and I share aspirations for what we expect for young people, but the answer to her question is a firm no. As noble Lords know, the fact that the country is short of money is not this party’s fault. However, I also think that the assumption that a face-to-face interview with a careers adviser is the gold standard is a very outmoded model. As noble Lords will see when we publish our guidance, I hope shortly, we have a very strong emphasis on employer engagement, which we believe is the secret to good careers advice. I give an example: Westminster Academy, which has built up partnerships with more than 200 employers, has 73% FSM and 75% A* to C, including English and maths. I can think of no better example or argument for employer engagement on the ground, giving pupils a direct line of sight to real-life workplaces rather than just career advisers.

[Lord Storey (LD)]

My Lords, my noble friend will know that one of the hardest things in career education is building up those networks, contacts and opportunities for work experience. It is particularly difficult for children from disadvantaged backgrounds—one has only to look at interns in Parliament itself. How do we ensure that children and young people from disadvantaged backgrounds have those opportunities?

[Lord Nash]

My noble friend is quite right. We have to ensure that work experience and internships are not just available from daddy’s or mummy’s friends. The Social Mobility Foundation has done a great deal of work in this regard, and I know that it is developing a focus on providing work experience and internships for pupils from backgrounds who would not normally be able to access them. Even it struggles sometimes to engage with schools, but that is something that we are very focused on.

Schools: Arts Subjects

Lord Storey Excerpts

Wednesday 12th February 2014 Lords Chamber

[Lord Nash]

I entirely agree with my noble friend. It is important that we give all our students that core cultural capital that Diane Abbott has acknowledged in the other place as being essential, particularly for underprivileged children, to enable them to get on in life and that we encourage more careers. We now have a number of university technical colleges focused on the creative industries.

[Lord Storey (LD)]

My Lords, the Minister will be aware that many young people develop their passion and talent for the arts by attending Saturday clubs, such as the Liverpool Institute for Performing Arts 4:19 Part-Time Academy. Parents pay for this privilege. How can we ensure that children, particularly from disadvantaged backgrounds, can also access those Saturday club resources?

[Lord Nash]

I know of the contribution in this area of the Liverpool Institute for Performing Arts, which the noble Lord knows well and whose lead patron is Sir Paul McCartney. Indeed, we have approved it to open a primary free school, which will use the creative and performing arts to encourage a lasting enthusiasm for learning. Pupil premium funding is allocated to schools to decide how to improve the outcome for disadvantaged pupils. Ofsted now inspects against this and it will be very difficult for schools to get an outstanding rating if they are not making good progress for their pupil premium pupils. All schools have to publish online how they are spending their pupil premium money and its impact.

Children and Families Bill

Lord Storey Excerpts

Wednesday 5th February 2014 Lords Chamber

[The Parliamentary Under-Secretary of State for Schools (Lord Nash) (Con)]

My Lords, I want to speak to the group of amendments beginning with Amendment 4, which are tabled in my name. The amendments follow previous, very constructive discussions in Committee and on Report about the SEND tribunal and redress, with contributions from a number of noble Lords. I thank in particular the noble Lords, Lord Rix and Lord Low, my noble friend Lord Storey and the noble Baronesses, Lady Hollins, Lady Hughes and Lady Howarth, for their contributions in those debates and subsequent discussions with me and my noble friend Lord Howe.

As noble Lords will have heard me say previously, one of our main aims in introducing the special educational needs clauses in the Bill has been to reduce the adversarial nature of the SEN system. We want children, young people and parents to have a better experience when engaging with the SEN system, particularly when children and young people are being assessed and, if people have complaints, when they are seeking redress.

We have taken action to ensure that people have a better experience of the system. Just recently, the Minister for Children and Families announced a £30 million programme to provide parents and young people with independent supporters to help them through the process of assessment and drawing up EHC plans. The new assessment process which will be brought in by the Bill will be more joined up and participative, with the education, health and social care services being more directly involved and with a more active role for parents, children and young people. Education and health will work together jointly to commission the services that children and young people with SEN will need.

With reference to complaints, we have maintained in the Bill the duty on local authorities to arrange disagreement resolution services so that parents and young people can resolve disagreement with local authorities about authorities’ duties under this part of the Bill, and with schools and further education colleges about their provision for individual children and young people with SEN.

We have introduced consideration of mediation and the opportunity to go to mediation before parents and young people can register appeals with the tribunal. We know that many parents currently find appealing to the tribunal stressful and off-putting, despite the tribunal’s efforts to hold the appeal hearing in an informal venue where the lay person feels comfortable presenting their own case.

Mediation offers parents and young people an excellent opportunity to discuss their concerns about assessments and education, health and care plans in a non-adversarial setting, assisted by a trained mediator. If they are able to reach agreement with the local authority, it means that they or their children will be provided with the support that they want more quickly than if they waited for a tribunal hearing to be arranged. There is no compulsion on the parties to agree, so if parents and young people are still concerned about what special educational provision is being offered, they can appeal to the tribunal.

However, the Bill as currently drafted means that health and care provision is excluded from the disagreement resolution, mediation and appeal processes. Noble Lords have rightly raised their concerns about this. Following the commitment that I gave on Report, we have worked with colleagues at the Department of Health and the Ministry of Justice to develop a package of proposals to address this issue. These amendments provide that package.

The amendments will widen the disagreement resolution and mediation arrangements to cover health and social care and will require the holding of a review of the complaints and redress arrangements for those with education, health and care needs, with the review including pilots to test the tribunal making recommendations about health and social care.

On disagreement resolution and mediation, all local authorities currently have to make disagreement resolution services available. We will widen these so that when an assessment or reassessment is being carried out, or an EHC plan being drawn up or reviewed, parents and young people will be able to ask for disagreement resolution on health and social care complaints as well as on education complaints. As with the current arrangements, engaging disagreement resolution services will be voluntary on both sides—the parent or young person and the local authority or CCG. Similarly we are proposing to widen mediation to cover health and social care. This will mean that after an EHC plan has been drawn up, parents and young people will be able to go to mediation about the health and social care elements even if they did not have a concern about the education element. If they wanted mediation on health or social care, the CCG and local authority, respectively, would have to take part.

On Report we had an extensive discussion about the merits of a review of redress in the system. I am pleased to have tabled Amendment 33 today, which will establish such a review. The Secretary of State and the Lord Chancellor will hold the review to look at how well the redress arrangements under the Bill are working; and more widely at other complaint arrangements relevant to children and young people with education, health and social care difficulties. The review will take account of the Francis and Clwyd reviews of complaints in the health service. We will involve other organisations which have an interest, such as the tribunal, Healthwatch, the Local Government Ombudsman, the Health Service Ombudsman and Parent Carer Forums.

The Secretary of State and the Lord Chancellor will report back to Parliament within three years of the implementation of the SEN provisions making recommendations as to the future of redress and complaint arrangements, including recommendations on the role of the tribunal. We believe that we would have to give sufficient time to build up the evidence on which to make recommendations. However, three years is a maximum and if the review felt it had the evidence in less than that time it could report to Parliament earlier. I estimate that we might have sufficient evidence by the summer of 2016, so I can say that the review would report no less than two years from the implementation of the Bill and no more than three years.

Part of the review will involve pilots testing the tribunal making recommendations on the health and social care aspects of plans where parents and young people have complaints about them and they are already appealing to the tribunal about the special educational element of the plan. This would mean that they could have their complaints about the plan considered as a whole rather than in isolation. The recommendations would not be binding on CCGs and local authorities as social care providers but we would expect them to consider seriously any recommendations the tribunal made. The pilots would begin in the spring of 2015 as the first appeals about EHC plans begin to be heard, be carried out in at least four local authority areas and would last for two years while it builds up evidence on which to base any recommendations about the future role of the tribunal.

I believe that, taken together, this is a strong package which addresses the need to provide parents and young people with a more joined-up way of dealing with complaints which go across education, health and social care. I beg to move.

[Lord Storey (LD)]

My Lords, my noble friend Lady Northover used the term “consensual”. That is a very appropriate word to use—it is almost the hallmark of the Bill. On every issue we have tried to come to a consensual agreement, understanding the needs of children and families. These amendments are very helpful. I said on Report that if we could not agree a single point of appeal as part of this Bill that would happen in the future without a shadow of doubt.

It seems to me that people who look at this objectively would think, “Wow—amazing. We have a plan for each child that’s joined up for education, health and social care. That’s very progressive legislation”. And then they would scratch their head and say “But if something goes wrong, or you want to make an appeal about something, why are there three separate appeals mechanisms and three different routes?” That is very confusing and intimidating to parents—there should be one point of appeal. That has been the line that many of us have taken all the way through the passage of this Bill.

I am absolutely sure that the Minister and his team have tried to accommodate that view. I have met with various Ministers and civil servants from other departments. I actually think the amendments probably make sense, because the culture of those departments is very different. There would be a danger that if we did not tread carefully, we would make a mess of the appeals process. So yes, we want a single point of appeal in the future. Yes, it makes sense to deal with disagreement in mediation. Yes, it makes sense to have pilot schemes that we can look at. That will be a really important step forward.

I do not intend to speak again today so I will end my comments by thanking the Minister and my noble friend Lady Northover for the incredible commitment and amount of time they have given during the passage of the Bill. They have been prepared to meet at any time, almost at the drop of a hat, any group on any subject. That has been amazing. I also thank the members of the Bill team, who have been absolutely stunning. I do not think I have come across a group of people who have been so prepared to help in a neutral, fair and supportive way—if you can have those three words linked together. I thank all concerned.

Schools: Emergency Life Support Skills

Lord Storey Excerpts

Monday 3rd February 2014 Lords Chamber

[Lord Nash]

The noble Baroness is quite right to draw attention to this very important point. Emergency life-saving skills are extremely important. In addition to the St John Ambulance provision, the Red Cross and the British Heart Foundation run excellent schemes. The BHF’s Heartstart scheme has to date trained more than 3.5 million people.

The answer to her curriculum question is that I do not believe we are intending to put this in, but I will investigate that and write to her about it. With regard to particular incidents in schools, we are looking at that in the context of defibrillators to see if there is anything more that we can do.

[Lord Storey (LD)]

My Lords, the Minister may have heard of the Oliver King Foundation, named after a 12 year-old boy who died of sudden arrhythmic death syndrome. The foundation set up in his name is campaigning successfully to put defibrillators in every school and public place. Would the Minister consider how the Government might support this campaign, and would he be prepared to meet the foundation?

[Lord Nash]

I am aware of the Oliver King Foundation. Our current policy is that it is a matter for individual schools to decide whether to have defibrillators and to arrange individual training. However, as many noble Lords will know, we have tabled an amendment to the Children and Families Bill to create a new duty on the governing bodies of maintained schools to make arrangements to support pupils with medical conditions and have regard to guidance in that respect.

We are looking at the issue of defibrillators. I am particularly interested in this myself and I would be delighted to meet the Oliver King Foundation with my noble friend to discuss the matter further.

Children and Families Bill

Lord Storey Excerpts

Wednesday 29th January 2014 Lords Chamber

[Lord Storey (LD)]

My Lords, never again will a pupil with medical conditions be excluded from full or part-time education, school trips, physical education and extra-curricular activities because of their medical condition. I applaud the Government for the stance they have taken in this area, as do the voluntary and charitable sectors. This is light years from where we were before. This document, which is still for consultation—that will be an opportunity to feed in many of the issues—is one of the best things I have seen. It deals in detail with a whole host of issues. A few things are missing from that document, and I look forward to feeding them in during the consultation period.

The important thing for me, which is in the document, is that governing bodies will have the responsibility to ensure that the procedures are followed and that when a school is first notified that a pupil has a medical condition, action will follow. Governing bodies will also ensure that the policies cover the role of individual healthcare plans. I agree with the noble Lord, Lord Kennedy, on this—and I will be interested in the Minister’s reply—as I cannot envisage a situation where a child or young person who has a medical condition would not have a healthcare plan. I cannot get my head around that, as it seems obvious. This is not bureaucratic or about more clerical work, but just plain common sense. I hope that the Minister will respond to that point.

I like the point made in this document that supporting a child is not just the responsibility of the school but a partnership between professionals and the parents themselves. I also like that GPs will have responsibility for notifying schools when a child has a medical condition. That is important, and it has often not happened in the past. I will end by thanking the Minister for taking this important issue forward, and I look forward to his response on the issue of healthcare plans.

[Baroness Howe of Idlicote (CB)]

My Lords, I also put my name to this amendment, and I very much support everything that has been said so far on these issues. I congratulate the Government, and the noble Lord, Lord Nash, in particular, on having listened to what Peers and charities in the Health Conditions in Schools Alliance have said. They have done a great deal to work out a way forward. Again, I will not repeat the many things that have already been mentioned, which are now on the table to be worked out in detail, but the area that perhaps interests me more than any other is the role of governing bodies in ensuring that teachers in schools have the training and expertise that their staff require to cope with situations.

We all know that there is a shortage of qualified school nurses; we hope to hear from the Government how their number might be increased. It is not only that; an area that worries me concerns those with special needs that also involve mental health problems. Those students may well need guidance from an increased number of educational psychologists, among others.

We all want to hear from the Minister what plans the Government have to ensure that this partnership between so many organisations will be delivered to the benefit of children and families generally, so that they will feel—as they have not felt in the past—that they are being supported in the situations that they have to cope with and have always tried their best to cope with. However, they have felt very much that they did not get the help they deserved. I thank the Minister for what he has done so far and hope that he will be able to reassure us still further on some of the areas about which we have concern.

--- Later in debate ---

[Baroness Howe of Idlicote]

I support the amendment of the noble Baroness, Lady Brinton. She is a real expert in this area and it was important that she put this amendment down. I would like to stress one particular point—the role of the school in all of this. At one stage I came across a group of schools that had a very effective policy of dealing with this situation. Their method was to have a mentor for each pupil who entered the school, and the child who was mentoring got merit points for successfully introducing and making life smooth for the new student. I very much hope that we can do a little more to find out what group of schools that was—I regret to say that I have lost my details on it. It seems a very good example of best practice to sell right across the stage of all schools. As we know, it is not just a question of bullying in schools—there is bullying in all forms of life, including employment when you grow up as well.

I hope that the Minister will take all this very seriously. The role of school governors is important, and I should perhaps have mentioned earlier that I am president of the NGA. I think we have a meeting with school governors and the Minister shortly, and this is one of the items that it will be important to put on the agenda.

[Lord Storey]

I support my noble friend Lady Brinton on this excellent probing amendment, and will briefly take the opportunity to say that often the bully needs support as well. I have seen many occasions where that support has been given to the bully. Sometimes the bully, with the support of the parents, is referred and the problems are sorted. I say this with great caution but often, quite rightly, we put all our emphasis on the poor child or young person who is being bullied and we forget about the bully. Often with the bully, it is a cry or plea for help. As well as doing all the excellent things that my noble friend Lady Brinton is saying we should, we have to find and understand that need.

[Baroness Howarth of Breckland (CB)]

My Lords, I had not intended to intervene on this at this late hour, but I am tempted to, as I thought that every school had to have a bullying strategy and that there was a code. It may sit dustily on a shelf in the headmaster’s study but it is supposed to be there. I thought schools had to have a practice and some sort of plan to involve children and young people in that strategy. ChildLine has certainly produced peer programmes down the years where young people have worked together to prevent bullying themselves, through their councils. Much as I support the noble Baroness, Lady Brinton, in her efforts, it is my understanding that this should already be in every school.

Children and Families Bill

Lord Storey Excerpts

Tuesday 28th January 2014 Lords Chamber

[Baroness Brinton (LD)]

My Lords, I was chair of education in Cambridgeshire in the late 1990s. One of the things that Cambridgeshire has always done well is sex and relationship education policy; indeed, many other authorities use its framework. I particularly want to reassure the noble Baroness, Lady Knight, that explicit sex, in the terms that I think worry many people, is not taught at key stage 1. Actually, the key stage SRE policy is vital because it provides child protection. I am looking at the Cambridgeshire syllabus at the moment, and it says that children must understand that they have rights over their own bodies, understand what makes them feel comfortable and uncomfortable and learn how to speak about it. That is exactly what I want a five year-old to be able to understand, and all the graded teaching, right the way through the system, is age-related and appropriate.

One of my concerns is that not all schools provide excellent SRE because there is no consistency across the sector. I am afraid that that is one of the reasons why we need to be able to provide that framework so that there is consistency. This is not just about the whim of parents or schools; it is vital for the health and safety of our children as they grow up in a very different society.

I have heard comments about worries about a review kicking things into the long grass. In this instance there is division—but then there is always division, as I think the noble Lord, Lord Knight would accept; had there not been division in his party when in government, this would now be compulsory. Let us not get into that political debate. We need to keep this debate on the agenda and keep it going. In a perfect world, I would like to see not only a compulsory curriculum but one that provided the reassurance that all parents would understand that their children were being given safe and appropriate advice to protect them in future.

[Lord Storey (LD)]

My Lords, I say to the noble Baroness, Lady Kennedy, that this is not just about 12 and 13 year-olds; I have seen primary schoolchildren making sexual advances to younger children and girls. I have seen primary children sending and looking at the most sexually explicit messages that you could imagine.

We spend a lot of time arguing about which kings and queens we should be studying in history, yet we seem to just push this issue aside. It is important that we equip our young children with the skills to deal with the social and emotional problems that they are going to face in their lives. It is important that they know about relationships, loneliness and isolation, and that they know how to deal with being bullied, or indeed with being bullies themselves. Other things, such as how to manage their finances when they get older, internet safety and child abuse, are also hugely important. As a society, though, we pick up the problems but almost ignore how we can deal with them.

Sadly, passing an amendment like this, as good as it is, is not completely the solution. You can pass such an amendment but we must also get quality training for our teachers in PSHE and sex and relationship education, and leadership in schools that does not look at this as a little tick-box exercise and say, “Well, we’ve done that, we’ve carried out our duties and if Ofsted come along we can show them a bit of paperwork here”. I have seen that happen far too often. It is also about inspectors, when they go into schools, properly ensuring that PSHE is being taught. We as a society have to understand and appreciate that this is probably the most important thing that we can do to support young people in schools.

On the website of the PSHE Association, which is a very good site and well worth going to, a question that I constantly ask is highlighted: “Do academies and free schools have to teach PSHE?”. The answer on the website is no. Why are we not giving as much importance to ensuring that all our schools, whether they be academies, maintained schools or free schools, are teaching PSHE? The amendment just talks about maintained schools; it does not mention academies. The noble Lord, Lord Knight, when he was—no, I am not going to say that.

Labour introduced academies and I understand why they did so; they wanted, if you like, to give a sort of uniqueness to them by saying, “Okay, you can have more control over your curriculum”. However, that has suddenly now led to a huge growth in academies—some 53% of our secondary schools are academies—so half our schools will not be bound by any amendment that is carried. We—again, as a society—should say that a narrow national curriculum should say, as it does on the label, that it is national and it is a curriculum for all. I hope that we will give some thought to ensuring that this involves all schools—even, dare I say, independent schools as well.

[Baroness Hughes of Stretford (Lab)]

Perhaps the noble Lord has not noticed that subsection (7)(d) of the new clause proposed in the amendment says that the schools to which it would apply includes academies.

[Lord Storey]

I would need to know whether that overrode current legislation. I suspect that it does not, although someone is nodding and saying that it does.

[Lord Knight of Weymouth]

I am delighted to clarify for the noble Lord that if it is set out in statute, it overrides the legal agreement that the department has as a contract with those schools.

[Lord Storey]

So what about free schools, then?

[Lord Knight of Weymouth]

Free schools are on the same basis.

[Lord Storey]

They are not though, are they? They are not mentioned.

[Baroness Hughes of Stretford]

I am sure that the Minister will confirm this, but legally free schools are academies.

[Lord Nash]

That is the position.

[Lord Storey]

When I first came to the House of Lords, I was terrified that I was going to have to give way. Now I have got into the habit of doing so.

As the noble Baroness, Lady Walmsley, rightly said at the beginning, we are in a good coalition. I have to pay tribute to the Minister—no, I do not have to; I want to—who has made great strides in this area and has come forward with some really worthwhile and sensible proposals. Not only has he given finance to the PSHE Association, he has also set up this advisory group. In this area, we must not have an advisory group that says, “We’ve done our job and that’s it”. I cannot now remember who it was who said that these issues are changing almost year by year, and problems that we do not foresee now could well be something that an advisory committee will have to look at in future. I hope that any advisory committee that is set up, when it has done its first piece of work, will continue to advise us on these important issues.

As someone who strongly believes, as I have said, that this is something that should be part of a national curriculum for all schools, I am in a difficult position as I also appreciate the situation that our Minister in the House of Lords faces, and will think very carefully before I vote.

[Lord Nash]

My Lords, this has been an extremely thoughtful and well informed debate. I thank the noble Baronesses and the right reverend Prelate who tabled these amendments, as well as other noble Lords who have contributed and brought their valuable insights to bear on these important and very sensitive matters. I also thank all noble Lords who attended the round table on PSHE last week. We had an extremely helpful discussion, and I think that those who came to that meeting know how seriously we take these matters.

I will deal with each amendment in turn, beginning with Amendment 53 on sex and relationships. Before I explain my approach to this point, I must stress that like many noble Lords with an interest in this topic, including my noble friend Lady Walmsley, I see SRE as integral to the whole debate on PSHE, and I shall say quite a lot more about PSHE when we come to the amendment in the next group. SRE is part of PSHE, and both are part of an overall approach that schools take in helping children to build the resilience and the understanding that they need as they prepare for adult life, tailored to children’s needs and development.

Before I turn to the SRE amendments, noble Lords may find it helpful for me to reiterate the progress that we have made on PSHE, as SRE is so integral to this. I am grateful to my noble friend Lady Walmsley for her kind words in relation to this progress, and I hope that it shows a positive and dynamic approach as opposed to a complacent attitude, to which the noble Baroness, Lady Jones, referred. I hope that she knows better by now—that I am never complacent when it comes to the children and young people of this country.

As I explained in my letter to Peers last week, we are establishing a PSHE expert group to support better teaching. This is the same approach that we are taking to subjects in the national curriculum and I will say more about this shortly. I am also pleased to announce that we will be funding the PSHE Association for a further financial year and it has agreed to produce a set of case studies to illustrate excellent PSHE teaching.

Turning now to specific points on SRE, I emphasised in Grand Committee that for children and young people to develop a good understanding of sex and relationships high-quality teaching is paramount, which is an issue that has been highlighted in this debate today. In order to teach well, teachers must have ready access to reliable and well informed sources of advice and materials. This includes recognition of the effects of digital technology, such as the potential for exposure online to inappropriate materials, to which a number of noble Lords have referred.

The noble Baroness, Lady Jones, referred to the pace at which technology now moves. It is moving so quickly that it is not practical for government to keep abreast by constantly revising statutory guidance to reflect the current state of the art and the latest communications breakthroughs. For instance, Snapchat, Tumblr, Whatsapp and Chatroulette are very recent sites or apps, and any guidance that we issued would be quickly overtaken by new trends and technology that will proliferate in the future. Any revisions to guidance would soon be outflanked by the next phase of innovation.

It is right that we are continually considering how to respond to these developments, and give teachers and parents the help, advice, safeguards and assurances that they need. The noble Baroness, Lady Kidron, talked passionately about the dangers of the internet when I first started to look at this matter. I spoke to many people—experts in IT and parents. The frightening thing was that the more that they knew about online and IT the more concerned they were. I am fully aware of the issues, but as my noble friends Lady Walmsley and Lady Tyler have said, the question is about which approach will work best. I believe that specialist organisations are best placed to provide advice, materials and guidance in a dynamic way and regularly update it.

I am therefore delighted to draw noble Lords’ attention to a number of organisations that are doing this, and the action that my department is taking to support and promote that work, and to make sure that it is closely linked to schools.

I welcome the work of the PSHE Association, the Sex Education Forum and Brook on new supplementary guidance that is designed to complement the SRE guidance, and will address changes in technology and legislation since the turn of the century, in particular equipping teachers to help protect children and young people from inappropriate online content, and from online bullying, harassment and exploitation. We have always maintained that specialist professionals are in the best place to provide advice to schools, so I look forward to the publication of this guidance and will make sure that we draw schools’ attention to it by, for example, promoting it through the department’s termly e-mail to schools.

I will also highlight other examples of guidance from specialist organisations that I have made sure will be promoted to schools. Guidance on the best way for teachers to tackle the dangers associated with online pornography has been provided by the Sex Education Forum. The Child Exploitation and Online Protection Agency has published a range of free educational resources—films, lesson plans, presentations, practitioner guidance, games and posters—to help teachers protect young people from the risk of sexual abuse and exploitation. The NSPCC has published guidance for parents, who have an essential role to play, on inappropriate texting. Parents can also phone the NSPCC ChildLine for advice.

We have identified action that we will take in the department to make sure that schools have the support and information that they need. As I have already mentioned we have set up a new expert subject group on PSHE and SRE. The group comprises lead professionals in the field of PSHE and SRE practice, and I am particularly pleased to say that it will be chaired by Joe Hayman, chief executive of the PSHE Association. It will clarify the key areas on which teachers most need further support, and identify the topics that can present the greatest challenge when discussing them with pupils, engaging their interest and enabling their understanding. The expert group will then liaise with relevant specialists and providers to commission or develop and produce new resources where necessary.

The noble Baroness, Lady Howarth, asked if the review would be comprehensive. I have been given the letter—I cannot read it now—but I can assure her that we will make it as comprehensive as we can. As far as the timing is concerned, I do not personally intend to stay in this job after May next year whatever happens, so I can also assure her that I shall be seeking to announce its findings as quickly as possible so that we can take action in relation to them. There is no point in setting this up unless we listen to what these people say and ask them, frankly, to get on with it. My noble friends Lady Tyler and Lady Walmsley were particularly welcoming of this expert group and they are right. We should give it time to make a real difference to practice—and it will, along with other approaches that we are taking.

Noble Lords will be interested to know that my department is currently preparing revised statutory guidance on safeguarding children in education. This will clarify schools’ statutory responsibilities to use opportunities in the school curriculum, for example through PSHE, to teach children about safeguarding and personal safety, ensuring that there is a culture of safety and that children stay safe, including when they are online. The guidance will signpost schools to further sources of advice on specific safeguarding issues, such as advice issued by the Home Office as part of its This is Abuse campaign. This supports teachers working with 13 to 18 year-olds to understand how to avoid becoming victims and perpetrators of abusive relationships.

The noble Baroness, Lady Jones, raised a sensible concern about this guidance being fragmented. We will ensure, when we highlight the additional guidance, that it is linked to the existing statutory guidance, so I am confident that it will be coherent and not fragmented. In addition, the new expert group will have an important role to ensure that the signposting of all guidance on PSHE and SRE is coherent.

Finally, the Government continue to work closely with industry through the UK Council for Child Internet Safety, which brings together representatives from industry, manufacturers, charities, academia, social media, parent groups and government. I am pleased that we will be supporting Safer Internet Day on Tuesday 11 February, promoting more widely the safe and responsible use of online technology and mobile phones, and making the internet safe for children. The House will debate this and other extensive work that the Government are doing in relation to internet safety when we come shortly to debate the amendment tabled by the noble Baroness, Lady Howe.

On Amendment 53ZAAA, which concerns statutory SRE in primary schools, the current requirement applies only to key stages 3 and 4 in secondary schools. The amendment extends the current statutory requirement to teach SRE, which applies to key stages 3 and 4 in maintained secondary schools, by legislating for all compulsory SRE in primary schools and all academies. It would mean compulsory SRE for children as young as six. Many primary schools already choose to teach SRE according to children’s age and development, consulting their parents and using age-appropriate resources. In particular, good primary schools are committed to helping children develop an understanding of positive and appropriate relationships. The new science curriculum will also ensure that pupils are taught about puberty in primary school, which is an issue identified in the Ofsted report.

We believe that this is the best approach, with the right balance between legal requirement and professional judgment, taking account of the evidence about child development and maintaining the support of parents. The amendment would disturb this balance, and remove from teachers and governors any control over their school’s approach to SRE. It would also impose on academies a new requirement, when in fact the vast majority of academies already teach SRE as part of their responsibility to provide a broad and balanced curriculum, and a fully rounded education.

I agree entirely with my noble friend Lady Eaton that this is a very good example of legislation not necessarily being the solution to life’s ills. As my noble friend Lord Storey, who has vast experience of more than 20 years as a primary school head, said, this is a matter of practice and not something that we can solve through legislation.

The other part of this amendment would require schools, when teaching SRE, to include same-sex relationships, sexual violence, domestic violence and sexual consent across all key stages. By virtue of Amendment 53ZAAA, it would mean compulsory teaching of these issues for children as young as six. The statutory guidance already covers these very important topics, and all schools must have regard to the guidance when teaching SRE.

The existing guidance states that pupils should,

“develop positive values and a moral framework that will guide their decisions, judgements and behaviour; be aware of their sexuality and understand human sexuality … understand the consequences of their actions and behave responsibly”,

and,

“have the confidence and self-esteem to value themselves and others”.

It is also important to note that the guidance includes clear references to safeguarding duties and to safeguarding guidance for schools. Supported by expert guidance and resources from specialist organisations, as I have described, the statutory guidance continues to provide a strong framework and platform on which teachers can build, using the kind of specialist contemporary advice and resources to which I have referred.

To conclude, I once more extend my thanks to noble Lords for these amendments and to other noble Lords for contributing to the debate. I hope that they will agree that we have made progress in working with others in government and with specialist organisations—in particular, the PSHE Association, the Sex Education Forum and Brook, which will announce their guidance next month—including by promoting their resources in schools. While I believe noble Lords are seeking the same outcome—the best teaching and age-appropriate support for children—for the reasons I have explained, I do not believe it would be right to introduce statutory SRE at key stages 1 and 2.

I have said on a number of occasions recently in your Lordships’ House that it would be so much better if we could agree common ground in relation to what needs to be done to improve our school system. I have been extremely encouraged by recent statements by the shadow Secretary of State for Education, which indicate that a substantial amount of common ground is emerging. We should celebrate this common ground and the common ground we have in relation to our expectations of schools in relation to PSHE and SRE. Of course, the noble Baroness may wish to take the temperature of the House on these matters, but I think it would be better if we continued to work together outside the confines of the Bill to achieve our common end. That approach has stood us in good stead during the passage of the Bill, and I urge the noble Baroness to withdraw her amendment.

--- Later in debate ---

[Baroness Perry of Southwark]

My Lords, it is good to be able to give a very warm welcome to one of the amendments put down by the noble Baroness, Lady Massey. I agree entirely with what she said in her introduction to this amendment. It is a very good amendment. I particularly like the fact that she is asking all schools to make this explicit to parents, school governors and pupils. We have not talked about the role of school governors enough as we have gone through this Bill. They now have such big responsibilities under previous legislation that to include them in the duty of the school to say what they are doing about the total development of children is very much to be welcomed, as is, of course, the duty to tell parents. We must continue to recognise the role of parents as the primary influences over children—they are primarily responsible for their children’s development.

I am very proud of the fact that it was this House which added the word “spiritual” to the national curriculum responsibilities. Before we had “moral”, “academic” and “physical”, but it was this House which added the word “spiritual” to that list. I am particularly delighted that the noble Baroness has included it in her amendment.

[Lord Storey]

My Lords, I echo the thanks to the noble Baroness, Lady Massey. In the previous debate we, rightly, pointed to the dangers of the internet for young people and talked about the lack of resources that are available for PSHE. I want to use this opportunity to show that the internet can also be a great supporter of PSHE.

There is a new website called Makewaves, which is now live and available to 4,500 schools—more than 70,000 young people. The aim of the project is to get Open Badges, which is a project for young people to earn digital accolades by performing an act in their school or community. The innovative aspect of these e-badges is that an individual may share their achievements with prospective employers or educational institutions, demonstrating their skills, experience and competences. It is hoped that this active platform, which children, young people and students engage with, can develop opportunities for them to get e-badges in citizenship. Here, then, is an opportunity for the internet to support PSHE and engage young people at the same time.