Schools: Unqualified Staff
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Lord Nash
My Lords, we are seeking to improve the quality of teacher training by bringing more of it into schools. We now have 357 teaching schools and more teachers being taught under SCITT programmes. Ofsted reports that 31% of SCITT courses are good or outstanding as opposed to only 13% for higher education establishments.
Lord Storey (LD)
My noble friend the Minister is right to remind us that the number of unqualified teachers in our schools was higher under the Labour Government than it is now. That Government also allowed teaching assistants to teach classes. How does the Minister think we can ensure that qualified teachers get sufficient training to become the school leaders of the future?
Lord Nash
I agree entirely with my noble friend that this is very important and that we have to bring more young teachers into leadership. We trust head teachers to develop teachers in their schools through CPD. Many good schools and good academy chains have a very strong focus on doing this.
Schools: Curriculum
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Lord Storey (LD)
My noble friend is aware that the national curriculum is neither national nor has to be a curriculum for all schools. How do we ensure that those areas of child development and education, about which we have all expressed concern in this Chamber, which are essential to young people and children are taught in all schools—whether academies, faith schools, free schools or what were called county schools?
Lord Nash
All good schools seek to develop their children’s character through a PSHE programme. We do not feel that the programme should be legislated for in its content. Circumstances of the different schools and pupils in them vary greatly, and we should leave it for teachers to decide exactly the approach that they take.
Children and Families Bill
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Lord Low of Dalston (CB)
My Lords, having laboured, not without difficulty, up the lower slopes of this major and compendious piece of legislation, we come at last to a major plateau where we can either take our rest or chafe at the impediment it still constitutes on the way to the summit.
I refer to Part 3, on special educational needs. I describe it as a major plateau because more than 200 amendments to Part 3 have been tabled for debate in 35 groups. I fear that I am responsible for more than 20 of them. At the current rate of progress, that should take us a good five days. Perhaps that is not so bad; four were allowed for in the Committee calendar. I certainly do not intend to hold up progress any more than necessary. I just observe, however, that the fact that there are so many amendments testifies to concern that the Bill is not yet in a fit state to go on to the statute book if it is properly to serve the needs of the children and young people whose lives and futures it deals with; to disappointment that the Government have not been more responsive to concerns raised so far; and to the hope that we will see more movement as the Bill passes through this House, so that its passage into law does not need to be delayed beyond the timescale that the Government have in mind.
Let us see whether we can get four amendments out of the way without more ado. I am moving Amendment 65B and speaking to Amendments 87, 90A and 105. Amendments 65B, 67 and 105 would ensure that the Bill covered children and young people who have a disability under the Equality Act 2010 but do not have a special educational need. The language varies slightly, and this is just a random selection of places in the Bill where children and young people with a disability but not a special educational need could be inserted. Clause 19 deals with local authorities’ role in supporting and involving children and young people, Clause 26 deals with joint commissioning arrangements and Clause 30 concerns the local offer. In that sense, they are probing amendments to gain more understanding of the Government’s reasons for introducing a Bill that deals with children with special educational needs but not with children and young people with a disability who do not have special educational needs. Amendments 65B and 90A also ensure that the principal obligation owed by local authorities by virtue of the Equality Act to children and young people with disabilities but not a special educational need—the duty to make reasonable adjustments —is covered. Amendment 90A, in particular, is designed to ensure that the reasonable adjustment duty is firmly integrated into the planning of education, health and social care services.
Part 3 applies to children and young people with special educational needs. Children and young people with special educational needs are defined in the Bill as those who have a significantly greater difficulty in learning than the majority of others of the same age or a disability which prevents them from making use of the educational facilities usually available in that area. Although many disabled children and young people are covered by that definition of SEN, some are not. For example, the following children would be disabled but have no special educational need: a child with a physical disability whose school was completely accessible to them or a child with a serious health condition that does not impact on their learning or ability to access the school premises. That group could include those with epilepsy, asthma, diabetes or a motor or musculoskeletal disorder, all of which might require medical treatment or therapies to be administered in school, possibly alongside a social care package at home, but would not require any educational interventions.
Research from the universities of Bath and Bristol, commissioned by the DfE itself, estimated that around 25% of disabled children do not also have special educational needs. The impact of this omission is that the Bill will require local authorities and clinical commissioning groups to plan jointly under Clause 26 and review under Clause 27 provision for the 75% of disabled children and young people with SEN but not for the 25% of disabled children without SEN. Under Clause 30, local authorities must set out a local offer of services available for the 75% of disabled children and young people with SEN but not for the 25% without SEN. The Bill thus creates a dividing line between children with SEN and disabled children without SEN and, as a result, certain things must be done for one group and not the other.
As well as being unfair, leaving disability out of Clauses 26, 27 and 30 does not make sense on a practical level. The label SEN is simply not used by social care or health commissioners. For example, under the Children Act 1989, social care services are delivered to disabled children, not children with SEN. Locally, the Bill as currently drafted will lead to confusing arguments about whether a service is for children with SEN or only for disabled children. There would be no additional cost to including disabled children without SEN in the duty to review services or jointly commission services. It could even end up saving money by creating a more streamlined system.
There are three things wrong with leaving disability out. First, as we have seen, in the new world of integrated education, health and social care, it will lead to confusion and unnecessary boundary disputes. Secondly, it misses a golden opportunity to rationalise the legislation on SEN and disability. SEN legislation is a river fed by two tributaries—SEN legislation itself and disability discrimination legislation. These overlap to a significant extent—some 75% as the universities of Bath and Bristol have shown—but not entirely. This Bill would be a perfect opportunity to bring the two streams together into a single, more coherent framework. Thirdly, leaving disability out goes back on what was promised in the Green Paper on SEN and disability.
This promised a new deal for children with SEN and disabled children. Local authorities would be required to set out a local offer of services available to support children who have SEN or who are disabled. There would be stronger strategic planning and commissioning duties to support children who have SEN or who are disabled. The Bill sets out stronger strategic planning and commissioning duties but, importantly, it does not include disabled children in these clauses, as was promised. I understand that the Government believe that disability is adequately covered in the Bill as a result of Clause 20 but the references to disability there are all to a disability that calls for special educational provision to be made. I fear that does not really bring in those with disabilities but without SEN.
Finally, to hammer the last nail in, it should be noted that the Education Select Committee, in its pre-legislative scrutiny, was in favour of including disabled children without SEN. It said:
“The evidence makes a strong case to include disabled children, with or without SEN, in the scope of entitlement to integrated provision … We recommend this”.
I hope very much that the Minister will review the legislation with a view to bringing in this important category of children and young people. and thereby making the legislative framework a lot more coherent and practical. I beg to move.
Lord Storey (LD)
My Lords, I shall speak to Amendments 67 and 68. The current test in the Bill for whether someone has special educational needs is whether they have a learning difficulty or a disability that would require special educational provision, defined in Clause 21 as,
“educational or training provision that is additional to, or different from, that made generally for others of the same age”.
Amendment 68 would mean that the test of whether someone has a special educational need would be based not on whether they need special educational provision but, instead, on whether provision has to be made for them to access education. What is the difference? Someone could have barriers to their accessing education which do not require,
“educational or training provision that is additional to, or different from, that made generally”.
For example, simply being unable to access a class, due to stairs, for a wheelchair user, is nothing to do with education or training provision but instead about their ability to access education.
Why do I think that this amendment is important? When the Government originally published their proposals for the Bill, when Sarah Teather was the Children’s Minister, the focus was very much on special education and disability needs. The Government have said that this does not prevent the provisions being applied to disabled children when there are barriers to them accessing education. Clause 20 includes disabled children as people who have special educational needs. However, clarity is needed about what might constitute a barrier to education. Are we just talking about things such as additional support—Braille, and so on—or do we include the simple ability to get to a class or get through a lesson due to a spinal problem? This amendment is a probing one to clarify that educational or training provision includes the ability to access education and does not apply only to the actual classroom or teaching session.
I move on to Amendments 220, 221 and 222. Your Lordships all get letters, briefings and, in some cases, speaking notes from a whole host of organisations. I am always amazed at the fortitude of those organisations in campaigning, rightly, for what they really believe in. But sometimes, in the barrage of the correspondence, we get personal letters or comments from individuals who are not part of a gigantic campaign—they are individual snapshots of how that person feels. One such letter came to me some time ago, about allergies. I remember in my own school children with nut allergies. Knowing nothing about it, I did a bit of exploration and realised that this was very serious. If they had an allergy, we needed to make sure that their photographs were pinned up by the canteen and that the Epipen that they needed to save their lives was readily available.
I want to read you this letter from a child, whose name I shall not mention, because it shows how important it is that no child with a medical condition should be prevented from having full-time school provision. The letter says:
“Since the age of 9 months I have had to use the EPI-PEN 13 times. Regardless of all my allergies I have always had a positive attitude to life, and that’s how my mum has always taught me to help me learn how to live in the bigger wider world and my dad has always taught me to smile. Because of this I have been able to live my life to the fullest and we have travelled and had fun whilst doing many exciting things. Nursery, primary and my first year of high school were great and memorable years and the schools have always managed with my allergies.
Now we zoom into 2013 and let’s see what’s going on now. We’ve moved in a new area and my mum applied for schools in our area as they were more nearer to home, we didn’t get the schools we applied for but in the meantime I was offered a place in another school straight away. But all the staff in my new school are worried about my allergies and they aren’t giving me a starting date, it’s been 8 weeks I’ve been out of school and still don’t know when I’m starting!”.
I read that letter as an example of how a medical condition, which the school should cater for, is preventing that poor little girl being able to get to school.
Lord Nash
I reassure the noble Baroness that the amendment is not just about managing medicines but is about supporting pupils with medical conditions. We do not plan to set out a long list of particular medical conditions but I believe that we intend to cover her concerns in the regulations. I shall go on to explain how we might do that.
I am pleased to hear that news of the new duty has been warmly received by stakeholders. Unison has welcomed the guidance and what it will mean for its members. The Council for Disabled Children has said that this should ensure that the,
“needs of children with medical conditions … are fully met in school, enabling them to achieve the best possible health and education outcomes”.
Diabetes UK has described the duty as a “major step” to help to ensure that children with long-term medical conditions receive the support that they need at school. Those are just three among many stakeholders who have offered their assistance with developing the guidance, and signals strong commitment and determination to deliver guidance that will make a real difference.
The noble Baroness, Lady Howe, and others asked for assurance that we will really make this work. I have therefore asked officials to work with noble Lords who are interested, the Health Conditions in Schools Alliance and other partners, including unions, the Council for Disabled Children and the Department of Health, on the content of that guidance. I hope to be able to report on progress before Report. I note the point that the noble Lord, Lord Northbourne, made in this regard.
Early discussions have already taken place with members of the alliance and other stakeholders, focused specifically on the content of the guidance. We are fully aware of the need for the guidance to cover issues such as the role of school policies and the appropriate use of individual healthcare plans. Other key issues that we would expect to see covered in the guidance include staff training, co-operative working with healthcare and other professionals, and working with parents in the best interests of their children. In addition, we would expect that the guidance will signpost to good-practice case studies and other useful information relevant to specific medical conditions.
I assure the Committee that, in my view, advice from our stakeholders will be invaluable in ensuring that we get the content of the guidance right. Their help will be critical in enabling us to produce guidance that is accepted by schools and that is effective in helping them to support pupils with medical conditions.
Lord Storey
Can my noble friend clarify that the schools in Part 4 also include free schools and early-years settings?
Lord Nash
The answer is yes.
In developing the guidance, we would welcome discussions either bilaterally or by hosting a round table discussion, whichever is more helpful. Once the draft guidance is prepared, we intend to consult publicly before publishing a final version next year. This will give schools one term’s notice of when the new duty comes into force.
I have listened with interest to the debate on the other grouped amendments. I hope the Committee will agree that the amendment I have tabled will help to support a significant group of children, many of whom meet the Equality Act definition of disability, who previously may not have been explicitly covered by the provisions of the Bill. I would like to reflect further on the other points raised in debate today in relation to the other amendments before us and consider them further. In doing so, I would be grateful for the Committee’s help in providing specific examples of other conditions or other groups of children who are having their educational opportunities restricted, and who are not supported by either existing legislation or the provisions of the Bill as they currently stand.
The noble Lord, Lord Low, gave some specific examples, most of which would be covered by the amendment that I have tabled, but other examples would be helpful. It is always a pleasure to reply to the noble Baroness, Lady Grey-Thompson, who is one of our country’s greatest athletes—
Lord Storey
“( ) The functions to which this section relates include the functions under sections 32, 36, 38 and 44.”
Lord Storey
Clause 19 sets out the principles for involving children and young people with special educational needs in decision-making. That is very welcome. However, I am concerned that the Government’s intentions are not reflected consistently throughout Part 3. Clauses 32, 36, 38 and 44 in particular exclude children under the age of 16 from participating in decisions. I seek assurance from the Minister that Clause 19 applies to all of Part 3, including these clauses. If the Government’s intention is to involve children under 16 in decision-making about their own lives, I see no reason why children should not be included in those clauses.
In another place, the Minister stressed the importance of Clauses 32, 36, 38 and 44, referring only to decision-makers—that is, young people over 16 or parents. However, these amendments would not give under-16s decision-making responsibilities; they would simply enable children to receive information and participate in processes.
The Government acknowledge, in Clause 19, the importance of providing information and support to children to ensure that they can participate as fully in decisions about their own education and care. Furthermore, this approach prepares children for when they turn 16 and the primary responsibility for decision-making rests with them. The Government’s reasoning regarding decision-making is also inconsistent, as other provisions in Part 3 explicitly refer to the involvement of children as well as young people and parents—for example, in Clause 30. I am concerned that the legislation as it stands will cause confusion for local authorities regarding whether and how they should inform and involve under-16s in decisions about their education, health and care needs. These amendments would provide clarity.
Under the UN Convention on the Rights of the Child, all children have the right to have a say in decisions that affect them and have their views given due weight in accordance with their age and maturity. The UN Convention on the Rights of Persons with Disabilities also states that disabled children should be provided with disability and age-appropriate assistance to realise the right to be involved in decisions that affect them—Article 7. Evidence shows that, despite these rights, disabled children are often excluded from decision-making processes or face barriers to having their voices heard. Research from the Government’s own pathfinder programme shows extremely low levels of children’s participation in decision-making.
I hope that the Minister will accept these amendments, which would ensure that all children could participate fully and effectively in decisions regarding their education, health and care needs. I beg to move.
Lord Storey
I thank my noble friend for her clear and concise reply. It reassures me. I agree with the noble Baroness, Lady Hughes, that where there are inconsistencies we should make sure that they are clarified and cleared up because where there is confusion, there is sometimes doubt. I beg leave to withdraw the amendment.
Baroness Whitaker
My Lords, I record my support for all these amendments and declare an interest as the patron of the British Stammering Association. In particular, I urge the Minister to take on board Amendments 70A and 77. I shall cite three pieces of research. The first is from his own department, almost a year ago. It found that speech, language and communication needs were significantly under-identified among children. The other research is from the organisations that form the Communication Trust. Language development at the age of two is shown not only strongly to predict children’s performance on entry to primary school but to link to outcomes into adulthood. That means employment prospects as well as education. Tied to that is the fact that language development in the early years has a significant impact on the behaviour and emotional development of children. We are talking, of course, of an adverse impact—anti-social behaviour. The final fact is that too many children enter school without their speech, language and communication needs being addressed or even identified. These deficits are already known and it is imperative that the Bill should take more account of them.
Lord Storey
My Lords, I will speak to Amendment 80. Clause 22 requires local authorities to identify whether children have special educational needs. This amendment would require local authorities to publish data on children identified as having that need or disability and provide a breakdown of this data by type of need. Accurate data on the number of children in their area are vital for local authorities to plan and deliver services effectively. The draft SEN code of practice, particularly in the section on joint commissioning, outlines the importance of local data sets to identify the needs of children with SEN and inform decision-making. Currently, data from different sources for the same area can vary wildly. Inaccurate data can disproportionately impact on the planning for and delivery of services for children and young people with low-instance conditions such as visual, hearing or multisensory impairments. To give one example, figures on the number of deaf children vary by as much as 30,000.
It is frustrating that a huge amount of energy goes into collecting data for different data sets but none is effective in bringing together a single set that gives reliable figures. Consideration should be given to a simplified, joined-up and less bureaucratic approach, starting within central government. There are three different ways in which data collection could be improved. First, schools and local authorities could be asked to record in the school census whether a child has a disability, as well as formally identified special educational needs. Secondly, a child’s unique health identifier could be used in education and social care as well. This could capture whether a child has a sensory impairment. Thirdly, disability registers could be improved and have greater ongoing oversight. The department needs to review how data on children with sensory impairments more widely are collected to a reliable standard and used to reform the planning and commissioning of SEN services. A welcome commitment from the Government to exploring this further would be of real benefit.
Al-Madinah Free School
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Lord Storey (LD)
My Lords, does the Minister agree that the Government acted decisively and promptly to ensure that this action was taken? However, will he also reflect on the need to ensure that teachers and the leadership of our free schools should be fully qualified so that occurrences such as this are least likely to happen?
Lord Nash
My Lords, there are plenty of teachers in schools up and down the country who do not have formal qualifications and are doing an excellent job, but we ensure through Ofsted that teaching in these schools is good, and we will ensure that the governance and leadership of these schools is appropriate.
Children and Families Bill
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Lord Storey (LD)
My Lords, I support what the noble Earl, Lord Listowel, has said. I remember him stalking in the Corridor in July; he was very excited and asked whether I would support this. I did not indicate but walked away and reflected on what he had said. I remember my professional circumstances, where foster parents at my school came to talk to me about this issue and how upset they were. It was quite traumatic for them as foster carers to lose children at 18 when they had so much more to offer in those important years. I thought about my own children. At 18 my daughter has just gone to university. It has been a very difficult time for her and she has needed the support of her parents, her family and friends.
We talk about cost but the cost is minimal: there is a saving. Never mind the savings we have heard about in terms of compassion as a society but the savings, as research has shown, in terms of those young people being more likely to be successful in their lives. If they are more successful in their lives, there will be fewer problems that we might have to pay for later on.
Baroness Butler-Sloss
My Lords, I, too, support the amendment. It is so obviously a good idea. I have a suspicion that if it is not part of the legislation a voluntary system will work in a few places and will be disregarded right across the country. It is for that reason that it needs to be made part of the legislation.
Baroness Hamwee
My Lords, I have put my name to the amendment. I think that I could sum it up by saying that it would turn accommodation into care, and it is care that is needed. It is not surprising that children in this situation go missing, because the only people whom they know are those who have trafficked them. If they are given the means of staying in touch, as so often they seem to be, they will respond to a contact or make contact themselves. It seems that very often the first thing that happens is that they are given a mobile phone and instructed: “You keep in touch with us”. Whether this is the right way of going about it I do not know, but I have heard those around me who have much more recent or, indeed, current local authority experience muttering, “But the local authority has to do this”. Well, let us find a way of making sure that the local authority does more than what fulfils cold letters on paper and actually produces the service.
Lord Storey
My Lords, I would like to explore this in a bit more detail. Perhaps the Minister, if he is not able to give the information in his reply, could write to us. My experience in local government and as a head teacher is that, of course, children are trafficked, but some are trafficked because their parents in another part of the world want a better life for them, so they pay someone to put them on a plane and the poor child then arrives in the UK. As I understand it, there are regional centres where the children are received. There is one in Dover. Liverpool was and is another regional centre. The children come to Liverpool and Liverpool tries as best it can within the resources to cater for them and to look after them. I know that for two reasons. One is that, four or five years ago, our director of social services wrote a report saying, “Look, my budget can’t cope with the number coming in. We want to help, but it seems unfair financially that Liverpool should carry this burden”. Secondly, I also know as a head teacher that some of these children have been put into foster care. I gave the example at a meeting of a Mongolian street child, whose grandparents had paid a trafficker to bring him to the UK. He landed in London but was sent to a regional centre, which happened to be Liverpool, where he was fostered with a wonderful family in Halewood. He came to my school and he was well looked after. For me, the issue is not the reluctance of local authorities to deal with this but the sheer size of the problem and the support that they get. I hope that that makes sense.
The Earl of Listowel
I am reminded of the report by my noble friend Lord Laming on the death of Victoria Climbié. One of the comments made by the social workers in Haringey who were interviewed was that they were overwhelmed at the time, particularly by unaccompanied asylum-seeking children and young people. This can put a heavy burden on local authorities. I have another, related experience of visiting a children’s home some years ago. I spoke to the manager, who was very experienced—in many ways, she was a remarkable manager—but when it came to working with unaccompanied asylum-seeking children, she felt that these were not their children. She had enough to do looking after the children with whom she had to deal, rather than having to deal with these other children, if you like. There is a difficulty and perhaps the amendment is a helpful way of tackling it. Some people will just say, “Look, we have enough on our plate. We don’t want to think about these extra children and we’ll find ways not to do so”. I am not sure whether that is exactly the issue in hand, but my experience is that, understandably, given the strains on social services and the immense emotional burden that caring for children with complex needs brings with it, some people can find ways to rationalise not giving proper care to vulnerable children because those children come from a very different background from theirs.
Children and Families Bill
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Baroness Hughes of Stretford
My Lords, I shall speak to Amendments 14 to 17 in my name in relation to Clause 3, which, as we have heard, grants the Secretary of State a new power to direct local authorities to outsource their adopter recruitment services to another local authority or to a registered adoption agency by amending the relevant part of the Adoption and Children Act 2002. We understand that the driver for the Government seeking these powers is to tackle the shortage of people approved to adopt. Certainly, we share this starting point with the Government.
I listened with great interest to the points made by the noble Baroness, Lady Hamwee, and it is clear that there is deep concern about these provisions and where they might be taking adopter recruitment services in the future. For me, that is the key issue, as I will explain. I have no disagreement in principle with the power for the Secretary of State to intervene in individual underperforming local authorities as in subsection (3)(a) of new Section 3A under Clause 3. As a Minister, I issued many such directions. Indeed, my first point is that there already are substantial powers of intervention, including the ability of the Government to outsource services when local authorities are underperforming. Perhaps the Minister will explain why these powers in subsection (3)(a) are necessary.
However, it is difficult to see how intervening in an individual local authority can solve or address the wider problem of the national shortage of potential adopters, which brings me to the powers under subsection (3)(b) and (3)(c) and where our concerns lie. Those powers would give the Secretary of State the power to remove responsibility for adopter recruitment either from entire categories of local authorities or from all local authorities at a stroke completely.
There are both practical reasons and reasons of principle why those two powers are problematic. First, on the practical reasons, local authorities currently recruit and approve about 80% of adopters. Moving many or all local authorities from this task would seriously compromise the adoption system when there is already an acknowledged shortage of adopters.
Secondly, as the noble Baroness, Lady Hamwee, elegantly pointed out, the voluntary and not-for-profit sector has made it clear that it does not have the capacity to take on the recruitment of the numbers of adopters that would be needed. The third reason is very important. Given that local authorities would retain responsibility for the placement of children and for seeing them through to adoption, it seems to me to be wholly undesirable that they should have no stake in the adopter recruitment process. We actually want local authorities to be more willing to use adopters approved by other agencies. This is more likely to happen if local authorities retain some responsibility for recruitment and are still part of the adoption system so there are some strong, practical reasons that I would like the Minister to address.
In discussion with the Minister this week, he said that the problem of adopter shortage was not in any case primarily one of underperformance by individual local authorities. In his view this was system failure at the national level, particularly because of the disincentives for local authorities to recruit more adopters than they need for their own individual populations and the reluctance, as he perceived it, of agencies to work collaboratively. Again, there have been really positive moves in that direction, as the noble Baroness, Lady Hamwee, pointed out, albeit perhaps recently. That might be so: it might be system failure, as the Minister said, and if the Government wish to review adopter recruitment and propose a radically different system, they are of course entirely free to do so. But if the Government wish to come forward with a new system that would take responsibility for adopter recruitment away from local authorities and give it to some new or different kind of agency, I put it to the Minister that they should come to Parliament with those proposals now for wider scrutiny and debate.
My objections to subsections (3)(b) and (3)(c) are therefore fundamentally ones of principle. It seems quite wrong to go partway along that path to pave the way for wholesale outsourcing or privatisation of adopter recruitment through the negative resolution procedure set out here without spelling out for Members what the endgame here is. I asked the Minister whether he had a vision of where he would like these services to end up and he said no, he did not. However, I cannot see the point of the power in subsection (3)(c) unless the Government have at least some desire, if not the intention, to move towards providing the recruitment of adopter services in a very different way.
In our view, the powers in subsections (3)(b) and (3)(c) are a step too far unless the Government set out their further vision. Our Amendment 14 would delete them from the clause. Amendments 15, 16 and 17 would address the issues that the noble Baroness, Lady Hamwee, raised were the Government to retain the ability simply to intervene in an individual authority by instituting: that it should be by the affirmative resolution procedure; for the Secretary of State to give reasons for direction and to allow the authority to ask for a review; and for the Secretary of State to revoke any direction should he desire so. Amendment 17 would address the point that the direction should be based on the quality or performance of the local authority in providing these services.
With those amendments, this would be a reasonable and proportionate mechanism for the Government to use when they believe a local authority could do much better at adopter recruitment. They would take away the possibility that the Government could slide through an entirely new system on the back of a negative resolution procedure in relation to subsection (3)(c).
Lord Storey (LD)
My Lords, it really is important that we do what is best for the potentially adopted child or young person. If we consider this carefully, we can see where some—I would use the word “some”—local authorities have been very poor in this respect. That is in the amount of time taken, the lack of care and attention to detail and the way things are organised. Quite frankly, that is not good enough but it is a very small proportion of local authorities. As we have heard, 80% of placements are carried out by local authorities, which themselves recognise the need for changes to be made in how some of them operate. Many have been hallmarks of good practice and have been highly praised by the Government and the voluntary sector. So the notion that the Secretary of State is given the power to say that all local authorities should cease placement is concerning to me, and I wonder why it is there.
I am not sure that I agree with the noble Baroness, Lady Hughes, that this is some plot by the Government to privatise adoption—surely they would not—or push everything to the voluntary sector, because we know that the voluntary sector has said, “No, we don’t want to do that, and even if we did we wouldn’t be able to cope with it”. I am surprised that the noble Baroness would even consider such a daft notion. No, I think that this is about the Government. I well remember David Cameron, our Prime Minister, saying in the early days, “Look, I am concerned at the time that some potential adopters have to wait before all the paperwork and the processes are carried out”, and he was right to say that. This part of this wonderful Bill addresses that issue by saying, “Yes, we need to ensure that the amount of time taken is proportionate”.
Still, the notion that you give the Secretary of State—maybe Michael Gove’s successor in two, three or five years’ time—the power to come along with these draconian powers is quite concerning, and actually not in the best interests of children. I hope that, if we want to ensure changes, the Government will look at how we learn from best practice in local authorities and in the voluntary sector—not all the voluntary sector is perfect in this, of course; we think that because the tag is “voluntary sector”, they must be fantastic, but not all the voluntary sector is. We must learn best practice from the voluntary sector and from local authorities, and constantly lift the bar and learn and disseminate those best practices so that we do what is best for our children and young people.
Baroness Butler-Sloss
My Lords, I endorse what the noble Baroness, Lady Hamwee, said. I shall read out again one sentence from the conclusion of the adoption committee:
“We strongly encourage the Government to allow sufficient time for the sector to develop viable and achievable alternative proposals, before using the new power”.
Having said that, I have to say that I am not entirely opposed to the Government having this power. However, it should be a power of last resort, not a power that would be up front. The various amendments, if I may respectfully say so, are overly elaborate. I would have thought that it would be a good idea, if the Secretary of State had to give a direction, that such a direction gave the opportunity to the local authority to judicially review the Government if it thought that the direction was out of order under administrative law proposals. So I am not at all happy about these current amendments. I believe that the Government should have some power, but I do not like the way in which the power is framed at the moment. I hope that some sort of compromise might come on Report.
Schools: National Curriculum
Lord Storey Excerpts(11 years ago)
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Lord Nash
I am grateful to the noble Lord for his comments, particularly about English. We are focusing heavily on ensuring that teachers have the resources to deliver this new curriculum, largely in the way that I outlined earlier. English and maths will be essential right the way through the curriculum until the age of 16, and grammar, punctuation and spelling will feature much more across the curriculum than they have done in the past. They will not be essential beyond the age of 18, although we have said that all pupils who have not achieved grade C in English or maths will go on studying English and maths until they are 18 and have reached that standard.
Lord Storey
My Lords, first, I welcome my noble friend’s Statement on the curriculum. These Benches have argued for a long time that we should have a shorter and more focused curriculum that prioritises essentials. It is interesting to note that the national curriculum has been reduced from 468 pages to 281. I do not see it as a U-turn; I see it as a reflection of the consultation process, particularly on the issue of speaking and listening and on climate change.
I have a number of questions. One of them resonates with the comments of the noble Baroness, Lady Jones, and concerns continuing professional development. How do we make sure that schools are fully equipped? In some areas, for example, there are no training schools. Are we going to see resources go directly to those schools? What is the position on equipping non-teachers? As we know, in free schools and some academies non-teachers are taking classes. We also know that in all schools teaching assistants are covering PPA time and taking lessons. Therefore, what continuing professional development will be provided for those staff?
There is one area of great concern. I am delighted that a modern foreign language will be taught, but in primary schools there is often no one on the staff with that ability. What resources will be given to primary schools?
Lord Nash
I am grateful for my noble friend’s comments; I know that they are well based on his 25 years experience of primary education in Liverpool.
On CPD, we believe that we now have about an 89% coverage of the country on teaching schools and the teaching school alliance, but, as I said, our belief is that teachers are best placed to develop best teaching practice through teaching in schools and school support by modelling good practice. An increasing number of products are emerging on the marketplace to help teachers, including MyMaths and Ruth Miskin’s phonics materials. Those are particularly suitable for primary schools.
Children and Families Bill
Lord Storey Excerpts(11 years ago)
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Lord Storey
My Lords, I welcome this much needed Bill. It brings together important proposals, making a big advancement for families and, above all, our children. For the first time in a generation the Government are tackling some of the major barriers that children and families face. We on these Benches are fully committed to giving disadvantaged children the best possible start in life. Reforms to special educational needs provision will help families to secure access to the support they deserve, new virtual heads will support the educational achievements of looked-after children and the proposals for shared parental leave and flexible working are a real step forward. The Bill also makes strides in reforming the family justice system, aiming to cut delay and encourage greater mediation.
I shall be so bold as to congratulate the Government on bringing the Bill forward. In so doing, I pay tribute to the previous Minister of State for Children and Families, Sarah Teather, who dedicated a significant amount of her time to ensuring that it reaches the statute book. It will stand as a testament to her hard work and perseverance. I also thank Ministers from both Houses for being prepared to listen and for having an approach that is both open-door and open-minded.
Like many Members, I have been amazed by the number of briefings I have received concerning the Bill. This not only illustrates how important it is to a myriad of different groups but also shows how much people care. That should not come as a surprise; after all, as we have heard, this is a once-in-a-lifetime opportunity to change children’s lives for the better. I am sure that as the Bill passes through your Lordships’ House in the autumn many issues will be raised and, where appropriate, amended.
I wish to concentrate on several areas that I hope the Minister will reflect upon later today. I welcome the new education, health and care plans, which replace statements and learning difficulty assessments, but, regretfully, they do not currently apply to young people in custody. We know that a third of young offenders have a SEN statement, compared to only 3% of the general population. Young offenders are among the most vulnerable members of our society and need all the support that we can offer them. Given that children in custody are particularly disadvantaged in this respect, it is illogical that they are being left out. I suggest that we extend the new plans to young offenders, otherwise we will miss a unique opportunity.
We learnt on Report in another place that, although the Government are committed to supporting young offenders in this way, the stumbling block to providing such support is conflict with the Apprenticeships, Skills, Children and Learning Act 2009. The Government acknowledge that the current situation is not working and I suggest that we use this opportunity to make provision for young offenders with SEN. I hope that the Minister will examine this area so that we do not miss this important opportunity.
A child’s health condition does not stop at the school gates. Parents need to know that schools are places of learning that can cater for the needs of all young people; places where children with health conditions are both understood and cared for. Whether a child is diabetic, epileptic or severely allergic to something, schools must be able to support their needs. Take the example of a child with, say, a nut allergy. Unless appropriate care is taken, the child is at risk of a life-threatening anaphylactic reaction. Simple approaches can be taken by the school—ensuring that staff are EpiPen trained; ensuring that EpiPens are easily accessible and signposted; and displaying photographs of children with food allergies in the school kitchen and staffroom. Of course many or most schools do such things as standard, but many do not.
I have offered one example but the same may be said of children with diabetes, epilepsy, asthma, migraine, chronic fatigue and congenital heart defects. Indeed, in my own city of Liverpool, a young primary lad died of a sudden cardiac arrest. That school and family established the Oliver King Foundation and, with the support of the local media, are now putting facilities in every school in the city.
A child’s condition should have no impact on their ability to study. Though different from SEN, if medical needs are not managed properly they will surely impede a child’s education in much the same way. Too many schools fail to follow guidance in this area. Moreover, existing legislation is poorly designed for such purposes. Considering that there are no specific requirements to provide the necessary support for all children with health conditions, an amendment that places a clear duty on all schools seems to me to be eminently sensible. Indeed, the Parliamentary Under-Secretary of State recently indicated that practices in schools need improving. In Committee he said that guidance on managing medicines will be published this year, thus clarifying schools’ responsibilities. Does the Minister think that this is sufficient?
I turn now to the issue of young carers. Despite the good intentions in the Care Bill, there is now a yawning gap that leaves young carers in an unjust position. Young carers are children and young people who provide ongoing and regular care to family members while they themselves are in education. The 2001 census identified 175,000 young carers in the UK, 13,000 of whom care for more than 50 hours per week. The 2011 census identified a similar number, up to 178,000. However, there was an 83% increase in the number of young carers aged five to seven. These young carers often undertake inappropriate and burdensome responsibilities, and all too often they do not receive the support that they need. This of course results in poor educational outcomes. The Bill offers significant scope to improve the long-term life chances of young carers by enabling a whole-family approach, but I suggest that the rights and responsibilities need to be made clearer for young carers and practitioners alike. I know that Ministers are sympathetic to young carers’ needs, and I therefore look to amendments coming forward to provide this much needed support.
As I referred to earlier, this Bill is a once-in-a-lifetime opportunity to provide children and their families with real support for special educational needs. Education, health and care plans are at the centre of that support system. For the first time, SEN will be coupled with health and social care provision in a single global agreement. I am pleased that the Government have taken note in this area, and specifically that they have guaranteed that health requirements will become part of the plan. However, should I fear the same fate that has befallen our so-called “national curriculum”? The plans must do what they say on the label. They must entitle the holder to expect all the provisions that they detail: education, health and care. Will the Minister confirm this, so that we may give parents and young people greater confidence in the system?
In order to make the system truly joined-up, surely we should go that extra mile and realise the equal importance of there being one easily identifiable route of redress for families, should things go wrong. A single, accessible and understandable point of appeal is necessary. We must not create a system that forces families to navigate a vast and complex complaints system across three agencies. I look forward to hearing what the Minister intends to do in this regard.
I was delighted to receive a Written Answer from my noble friend the Minister, detailing how essential it is that teachers’ training prepares them to teach children with a broad range of special educational needs. I suggest that all teachers must be equipped with the skills to identify and support children with special educational needs, which should include specific learning difficulties such as dyslexia. It really is not good enough that we have a teaching profession that is not universally trained to understand the issues. There should be teachers in each school or each group of schools who are qualified to test for and identify dyslexia. Although I praise the work of SENCOs in schools, there is an urgent need for all initial teacher training programmes to include a mandatory module on dyslexia and other hidden disabilities. I hope that the Minister will reflect upon this point, and I know that my noble friend Lord Addington will press this important issue further.
When a young person enters higher or further education, their plan will not be “passported” with them. Although I welcome the extension of legal protections for young people with SEN up to the age of 25, as currently drafted, higher education institutions are excluded from the new framework. As I have been assured that the Government’s intention is to create a single system which supports the highest aspirations, surely this goes against the spirit of the Bill? It has the potential to cause delay, and will no doubt create unnecessary bureaucracy. I hope that the Minister will carefully consider that the plan should follow a young person, whichever setting they move to.
Finally, I followed with great interest the childcare ping-pong—or, as the Mayor of London would no doubt call it, the “whiff-whaff”—regarding reforms to childcare ratios. I now presume that it is game, set and match to the Lord President of the Council in this regard. Equally important is the need to give careful reconsideration to the introduction of a childminder agency system. The introduction of such an arrangement would mean that experienced childminders could be lost. Indeed, 71% of childminders have “outstanding” grades. They have built their own businesses and are now on a level footing with daycare centres. Currently, childminders are inspected every three years by Ofsted, but only every four years if they achieve “outstanding” status. However, as we have heard, under these proposals the agencies as organisations will be inspected while only a cross-section of their registered childminders will be inspected. There is a danger that childminders with less satisfactory standards will be afforded a higher status by virtue of their membership of a highly rated agency. When a parent chooses a registered childminder, they should be confident that the grade of the childminder reflects their talents. Can the Minister confirm that all childminders will be inspected by Ofsted, and not merely a cross-section of those who work for a particular agency?
As I said at the outset, the Bill is progressive in its aims and potentially life-changing for children and families in this country. By the way, when I was talking about the Oliver King Foundation, the word I could not bring to mind was “defibrillators”, so I was referring to defibrillators in every school. I hope that the Minister will reassure the House that the Government intend to revisit our areas of concern and, in so doing, ensure that the very promising provisions contained within the Bill will truly give families the support that they need when they need it most.
Education: Citizenship
Lord Storey Excerpts(11 years ago)
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Lord Storey
My Lords, first, I thank the noble Lord, Lord Cormack, for giving us the opportunity to debate this hugely important issue. I was much taken with his suggestion, which is worthy of consideration. But, of course, before that we must get citizenship education taught properly and correctly in our schools. I think that citizenship education is vital for ensuring that young people are an active and valued part of our society and, moreover, that they are involved in their communities. All too often, young people are seen in a negative way.
Let us reflect for a moment on some figures that were collected by the Hansard Society. We know for a fact that in the 2010 general election, only 44% of 18 to 24 year-olds voted, although the good news was that that was an increase of 7% on the previous general election, but still well below the average turnout of 65%. Moreover, the Hansard Society research suggests that only one-third of 18 to 24 year-olds claim to know anything about politics while, rather alarmingly, 90% of young people do not know who their MP is or how to contact them.
In my view, citizenship is not about reaching for a syllabus, dusting it down, teaching it and giving students a body of facts. It is about creating an ethos in the school and ensuring that pervades everything that young people do. It has to be about the ethos of the school, whether that is schools having school councils and young people knowing about them, electing their councillors and debating issues; whether it is doing voluntary work in the community—at my school we would go to the local care centre and sing Christmas carols or work at the local Jaguar Land Rover factory; whether it is doing charity appeals; whether it is shadowing people; whether it is bringing speakers in from the local GP to the local midwife; or whether it is having a rolling programme of pupils observing school governing bodies, as we had in my school.
The good news is that citizenship as a programme of study will continue in key stages 3 and 4. We are out to consultation on that but the first draft, as good as it is, is very factually orientated with no real indication of the sort of things that the noble Lord, Lord Cormack, was talking about, so no real voluntary or community engagement. I was interested to see that our Prime Minister last year asked Dame Julia Cleverdon and Amanda Jordan to review how we can increase the quality and quantity of social action and engagement by young people between the ages of 10 and 20. There were some interesting facts in their interim report. They found that although there is a wide range of social activity in the UK, much of it takes place in the voluntary sector and very little within schools and businesses. They also found a lack of knowledge and understanding about social action and opportunities and their value in the education sector was very limited. Finally, they found that young people have no facility to develop social action over time. I hope the Minister when replying might suggest it is important that we recognise that fact in the curriculum.
It is also interesting to see what young people think citizenship is about. The National Foundation for Educational Research looked at young people. What did they think being a good citizen meant? Well, 43% thought it was about people having access to their rights—education, health and housing. Interestingly, 39% thought it meant working together to make sure that all members of society are treated fairly. What a lovely result. Only 10% listed voting, politics and government. If we are going to get citizenship right, it must be about the quality of the teaching as well as the quality of the syllabus. Far too often citizenship is seen as a Cinderella subject. I can remember my wife who teaches PE and French—a strange combination—sometimes as a chore being sent in to teach citizenship, never having had any training in it or understanding of it. So we have to get that right and we also have to make sure that from time to time we actually inspect the subject as well.
I will make two further quick observations. First, there is a marvellous organisation run by and for young people called “Bite the Ballot”. Members of all parts of the House might have been involved in it. It is about encouraging young people to understand democracy in all its forms and giving young people a voice in the issues. I was invited to one meeting in the Jubilee Room, packed with young people, and I was astounded by their ability to communicate issues, to listen and to reason. If we can get that happening with this organisation, why can we not get it happening in our schools as well?
I end on a bit of a sad note, and this might seem a bit carping, but we talk about a national curriculum and we laud the fact that we are going to have citizenship in our national curriculum for key stages 3 and 4. The fact is that it is not a national curriculum because half our secondary schools can choose not to teach it. I was sad to see an announcement by Stephen Twigg, who I admire greatly, saying that the Labour Party was going to hand over those responsibilities to all our schools. So in a sense it is only this party which believes that a national curriculum should be, as it says on the label, for all children—slimmed down, yes, but all children should be taught those important things, including citizenship.
Schools: PSHE
Lord Storey Excerpts(11 years, 1 month ago)
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Lord Nash
I am aware that the PSHE strategic partners group has written to my honourable friend the Minister for Education and Childcare calling for a more explicit link to be made in the national curriculum framework document between schools’ statutory requirements and the provision of PSHE education. I am grateful for the input of this group, which represents a wide range of PSHE stakeholders. I assure noble Lords, and the noble Baroness, that we are currently giving this full and proper consideration as part of the national curriculum review.
Lord Storey
My Lords, considering that in a fifth of the schools inspected it was found that none of the staff had any training in PSHE and that in a fifth of the schools the teaching was not good, what steps will be taken to improve continuing professional development in PSHE in both education and subject leadership?
Lord Nash
To support schools, we have asked Ofsted to publish specific examples of effective practice in PSHE to provide evidence for teachers when developing and delivering their PSHE programmes. We are also providing grant funding to the PSHE Association to undertake work advising schools on their teaching, including improving staff training. The PSHE Association will expand its chartered teacher programme, which recognises effective practice and encourages high-quality PSHE training.