Education Bill

Lord Storey Excerpts

Monday 11th July 2011 Grand Committee

[Lord Moynihan]

My Lords, my friend in sport, my noble friend Lady Massey, will not be surprised to see me rise to address the subject of sport in the context of Amendment 74, particularly in respect of a brief but important issue.

In subsection (2) of the proposed new clause to be inserted by Amendment 74, my noble friend uses the phrase “for teaching physical skills”. As he knows, and as I am sure the Committee knows, physical skills cover cardiovascular and respiratory endurance, stamina, strength, flexibility, power, co-ordination, agility, speed, balance and—from memory—accuracy. However, I think that my noble friend is focusing on sport and recreation in schools. Sport requires participants to compete in physical activities and we should also cover recreation.

Standardising the language in legislation is extremely important. I hope that if my noble friend withdraws his amendment and brings it back later, he will focus on ensuring that, in this and in all contexts, we are talking about sport and recreation in schools. It is very important that recreation should be included to encourage dance, for example, among young people in schools, and not just competitive sport and the traditional sports. In that context, I simply offer that brief observation to my noble friend, who I hope will consider it when he is considering his reaction to the Government’s reply.

[Lord Storey]

My Lords, I echo what the noble Baroness, Lady Morris, has said. My concern is that physical contact happens in schools, whether it is in music, sport or a whole range of things. If you try to codify it and say, “These are the areas in which you can have physical contact”, what about the other areas—for example, when a four or five year-old wants reassurance and wants to hold the teacher’s hand in the playground? If that is not in the guidance, does that mean that that should not happen? We need to be very thoughtful about this.

[The Earl of Listowel]

I support what has been said. It is a theme across children’s services that many practitioners feel inhibited—particularly with children who have had an upbringing where there has not been much demonstration of love—about giving a child a hug or comforting them. The theme there is that an environment of overall excellence is the best safeguard for children, as Sir William Utting said. The better the staff and the better they are supported, the more confident they will be to do the right thing for the child at the right time.

I was very grateful for the comments made by the noble Baroness, Lady Perry of Southwark, about reading the committee report and, if I understand her correctly, the impression that it might give teachers about our sense of how good a job they are doing and how professional they are. It is a helpful way to rebalance our discussion. Certainly, from my experience principally in the past year when I met head teachers of primary schools, I was very impressed by their experience, judgment and understanding of children. I am particularly concerned about children from environments where they have experienced a lack of love, parents who are alcoholic or misusing drugs, or parents who are just not available to their children, which might be one of the reasons for my perception. When these children go into school they bring with them their home environments and earlier experiences and difficulties can arise if teachers are not well supported in responding to them. The Government’s adviser, Charlie Taylor, highlighted that point last week at a meeting and said that in his special school for children with EBD he was careful to help teachers to reflect on what had happened with the children and help them to see that, however aggressive a child might seem to be, that behaviour did not constitute a personal attack on the teacher but probably had something to do with the child’s home experience. By perhaps emphasising that area too much, I may have inadvertently omitted to emphasise the fantastic job that many teachers do with children. This is not an issue for many children but concerns only a small minority. I hope that my comments are helpful and I look forward to the Minister’s response.

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[Lord Lucas]

My Lords, again the Government have pre-empted me by sending me this morning a very helpful e-mail describing their proposals for what are still called disciplinary proceedings, but I do not think that is the right phrase to use for these things. They are much more to do with performance, and we should try to get the word discipline out of this because it implies that the teacher has done something wrong rather than that the teacher is just in the wrong place. If it is a matter of a teacher having done something wrong, of course it is discipline, but this is about a performance review, and the consequences of a performance review.

It is crucial for children that they have good teachers. There are always inevitably going to be teachers in the system who are not up to scratch. The first response of the system ought to be to try to support them, to try to find ways of improving their performance, for their colleagues to help them, for them to go on courses if necessary and whatever needs to be done to encourage them back to a position where they are doing as well as their pupils deserve them to be doing. However, at present, certainly to judge from conversations with head teachers, they find the whole process of dealing with teachers who are not up to scratch so difficult and slow that many of them just give up and put up with substandard teaching. I do not think that that is a satisfactory position.

I do not know whether the e-mail sent to me was more widely circulated around the Committee. I think it perhaps should have been. I think that applies generally to messages going round in response to amendments. As I am sure my noble friend has seen, the interest in each question is pretty general around here, even if it has been proposed by just one or two of us. However, it seems to me that the Government are having a go at tackling this and are proposing quite interestingly simplified guidance that ought to enable this process to improve from both a teacher’s point of view and from the point of view of pupils and schools.

May I ask a few detailed questions? Is it possible under the new scheme for pupils to be involved in these proceedings? Pupils’ views on how good teachers are are often quite accurate. Is it envisaged that there will be some way of feeding that back into the system? I see that support is given to teachers throughout the process, which I thoroughly approve of. Is it proposed that once the point has been reached where it has been decided that a teacher should leave a school, there should be support for the teacher in making their next move, in whatever direction that is? It does not seem to me unreasonable that a teacher, having been supported all the way through the process, should not just be pushed off the edge at the end of it.

I note that a teacher who appeals successfully can be reinstated. That seems to me a good principle to apply to pupils too. I very much hope that, having set this new system in place, the Government will take an interest in how it is going and in a year or two will look to see how it needs adjusting and improving. I beg to move.

[Lord Storey]

My Lords, I have not seen the guidance, letter or e-mail, but I am grateful that this measure has been tabled because it concentrates our minds on a number of issues. A pupil, child or student cannot repeat a year, so if they have a teacher who is not up to the mark they have lost that year and that opportunity. Over several days of our discussion a constant theme has emerged that the most important thing in education is not the amount of equipment available or the quality of the buildings but rather the quality of the teachers and support staff. If you have quality teachers, you will have education at its best.

I do not have the relevant figures readily available but only a handful of teachers have been asked to leave over the past few years because of their inadequacies as teachers. I ask myself why that is the case. Then I reflect on how difficult it is to ask a teacher who is not performing well and is not good enough to leave the school. We have had debates about the quality of training and of the first year’s experience in school being the best that we can possibly provide. We have talked about the quality of support in school and in-service or CPD provision in schools. We have a performance management system in schools whereby every teacher is set performance targets every year. Those targets are monitored and evaluated and lessons are watched. If a teacher fails their performance management, it is a bureaucratic nightmare to try to do something about it. Frankly, does even the most experienced head teacher really want to go through that bureaucratic process which may involve teacher associations and will certainly involve a plethora of appeals and systems? They do not. The teacher concerned knows that he or she is not up to the job. Perhaps there could be a simplified system which would give them the support they need. I have seen teachers who, perhaps because of personal circumstances, have been struggling, have been given support and have come back up for the job again. I look forward to seeing a simplified way of dealing with this important issue.

Education Bill

Lord Storey Excerpts

Wednesday 6th July 2011 Grand Committee

[The Earl of Listowel]

My Lords, in moving Amendment 66, I will also speak to my Amendment 67. These are probing amendments, the purpose of which is to gain reassurance from the Minister about the entitlement of teachers to continuing professional development. Given that this is a changing environment, I would be grateful for reassurance about that entitlement.

In particular, if schools are taking more responsibility for the CPD of teachers, there must be clear funding for that in the future, given the need for consistency of CPD across education. As I hope noble Lords will agree, if we are to do well for our children, it is absolutely vital that our teachers are well supported in schools. If teachers do not get the support that they need through professional development, they are much more likely to burn out early. In addition, matters such as the inclusion of difficult pupils will be more difficult if teachers are not given the support that they need to give those pupils the necessary understanding and support.

When Professor Sir Michael Rutter, the renowned clinical psychologist, spoke some time ago at the British Psychological Society, he highlighted his concern that initial teacher training includes very little input about child development. In the past, there was some reference to child development, but it consisted of a rather dry few pages on Freud, Piaget and other theoreticians. The teachers to whom I speak say that they would prefer to learn about child development and about managing children’s behaviour a little while after they have started in practice with pupils, because they realise then the importance of understanding these things. It is very important to have a reflective workforce if we are to get the excellent outcomes for our children that we all want.

The bulk of teachers are already in the profession. Although we are looking at ensuring quality in teacher training and induction, most of our teachers are already in schools and many of our teachers are over 50 years old, so it is very important that we also attend to their continuing professional development. I look forward to my meeting tomorrow with Charles Taylor, the Government’s adviser on behaviour, who I think would probably agree with me—I hope that I am not being presumptuous—that it is very important for teachers to be able to depersonalise their interactions with their more challenging students so as not to take personally what may seem to the teacher to be a personal attack but which will very often be something to do with what is going on in the home environment.

It is also important that teachers are aware of developmental milestones, for reasons that many colleagues have given in the past. I hope we might also consider developing some of the best practice from the continent, whereby trainee teachers get to observe a child over a long period, take careful notes and share those observations with other teachers, and thereby learn about child development.

Another very helpful approach is that adopted by the child psychotherapist Emil Jackson and others who are working in 10 secondary schools in Brent, north London. They are working with groups of both school staff and head teachers, sitting with them and helping them to reflect on their relationships and the way that it is working in their classes. Another way of getting that understanding of child development into the teaching workforce is in allowing them a space in which they can sit with professionals such as child psychotherapists, clinical psychologists and child psychiatrists, particularly to discuss their more problematic pupils with them. That is very effective and has many benefits. I apologise for already speaking for rather too long to the Committee and beg to move my amendment.

[Lord Storey]

My Lords, briefly, I agree very much that in-service training—CPD, as we call it—is hugely important for the teachers in our schools. However, I would say that we currently do that. Every school has to have five days of training. In some schools we still call them Baker days, from somebody we know. My concern is that that training has to be of the highest calibre. As often as not, it is merely a day when people can sort other issues and training does take place.

Also, Ofsted inspections have to look at the quality of training in schools. In terms of observing teachers, every teacher—unless they are newly qualified—has to have set performance and management targets and, as part of that, classroom observations have to take place so that every teacher has to be observed, for a maximum of two lessons per week. To answer the noble Earl directly, training takes place in schools for five days a week, but I am always concerned about quality and teachers are observed at least twice a year.

My third and final observation is that the training days can, however, be quite disruptive to pupils because schools take them at different times. Would it not be great if all schools in an area took their training days at exactly the same time, so that parents could prepare for that and it would not be to the detriment of our pupils?

[Lord Sutherland of Houndwood]

My Lords, I am happy to give strong support to Amendment 66, in the light of the remarks that the noble Lord has just made. However, I have my reservations about the practicability of Amendment 67.

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[Baroness Perry of Southwark]

My Lords, this amendment continues with the theme of induction and deals with the rather important issue of who assesses whether the teacher has or has not successfully completed the induction year. The Bill is rather misty on who will do this assessment. New Section 135A(2)(h) simply requires the head teacher ,

“to make a recommendation to the appropriate body”.

My amendment would allow a person who is independent of the school and the local authority to make the judgment. They will be well qualified to make it because they have successful teaching experience and will not pop in just once to make the assessment but will observe the teacher during the induction period on more than one occasion. We all know that you can have one bad lesson and then one sparkling one that goes terribly well, so it is important to see the teacher on more than one occasion.

This is very important, not only because, as we all agreed in the previous debate, induction is a vital part of the training of the teacher, but because it is sometimes very difficult to make an assessment. As I know from long observation and experience, the college or university where the students do their initial training tends to judge them much more on their academic achievement than on their practical performance. Also, it will be very reluctant for all sorts of reasons that I do not need to enumerate to fail many of its students. Now we move on to the school. If it is left to the school and the head, there is also a very real difficulty. The young teacher will have been a colleague for a year, and the school will be very reluctant to make a harsh judgment, even when it has grave reservations about her or his ability to perform well. Therefore, we are left with the crucial option of bringing in a well qualified person who will observe on several occasions.

I did not speak in the previous debate but I hope that even those who have not done too well in their first year might nevertheless have their induction period extended, as is suggested by new Clause 135A(2)(g). Like my noble friend Lord Elton, I have seen many teachers flounder in one school and do very well in the next. Crucially, we have heard that only 15 or 16 fail every year. That is simply not enough. We are still letting through a tiny minority of people who are not born to be teachers and who are not very happy in the teaching profession. For their sake, as well as for the sake of the thousands of children whom they may influence in their career, it is important that they are given at the very beginning the chance to say, “Teaching is not for me, so I will go into another profession”—rather than, out of the kindness of our hearts, just swinging them through. It is pretty miserable to spend the rest of your career doing a job that you are not good at, that you do not particularly enjoy and in which you struggle every day. The red light should come on at a very early stage and I hope the amendment will go some way to making that possible. I beg to move.

[Lord Storey]

My Lords, I will speak briefly. In days gone by, the inspector called. They would sit and watch newly qualified or probationary teachers, as they were called in those days, and make a decision. We have moved on considerably.

My current experience—I have a newly qualified teacher—is that it is a very detailed process. It is not just about one classroom observation. The newly qualified teacher will have a mentor in school who will guide them through any issues or concerns that they have. Each term, they will be observed on average two or three times. At the end of each term, a detailed form will be completed, which will have to be signed by the mentor and head teacher, both of whom will also provide comments. The newly qualified teacher can give an input into how they feel the first term has gone. That would be in partnership with the local authority and the local authority would then receive that form, which would be completed each term, three times a year. The newly qualified teacher would have to be successful in each of those terms, so it is not just a question of the head teacher observing the newly qualified teacher; other people would be involved in that as well. It would not just be about literacy and numeracy, but it might be that the person responsible for science in the school would observe a class that the newly qualified teacher was taking.

Currently, it is a very rigorous and robust process. I have no objection to an outside inspector or independent person coming in, but I want to assure my noble friend that this current process is very worthwhile.

Education Bill

Lord Storey Excerpts

Monday 4th July 2011 Grand Committee

[Baroness Howarth of Breckland]

I know what effort heads and teachers make when children are reinstated into schools in difficult circumstances, so I am very pro what is going on; they work very hard. Does the noble Baroness not accept that the child who finds that their case has been upheld but is still told that they are not able to go back to their school would see this as a total injustice? As many of these children are struggling anyway, this simply reinforces their feeling that society is simply not just, so why should they conform and join in with it?

[Lord Storey]

My Lords, I want to talk about Amendment 47, and then make some general comments on the other amendments. Amendment 47 is clear and concise: it is about the £4,000 fine, which is a blanket fine for all schools. For some schools, that might not seem a lot of money; for others, it is a considerable amount. For a small school—a rural village or a small urban school—it is a significant sum. In my area, there is a secondary school with 10 forms of entry. Next to that is a small Roman Catholic primary school with 101 pupils on roll, I think, and £4,000 equates to that school’s entire literacy and numeracy budget. Down the road, there is a small maintained school, for which £4,000 equates to its entire special needs budget. For a large secondary school, £4,000 is perhaps its promotion budget. We might need to link the sum in a fair and equitable way. On this occasion, one size does not fit all.

I turn to some comments made during the debate. I declare an interest as a head teacher of 25 years. I have never excluded a pupil at all. Why? First, we forget that the important thing is not the end of the process but all the things that you put in place beforehand. As I think I said last week, if you have a robust behaviour management policy, you will involve parents at every stage, and the parents are the greatest way of ensuring that a pupil does not have to be excluded from school.

Having said that, my wife is a secondary teacher in a large inner-city school and I have seen teachers’ careers destroyed by disruptive behaviour. We are not talking about teachers who should not be in the classroom but, because of the circumstances—because of poor leadership, because the other issues have not been put in place—their lives as teachers can be wrecked, as indeed can those of the pupils.

Some of you may recall that I said two things last week. I agreed with a noble Lord opposite who said that any exclusion is a tragedy. I also said, however, that teachers have a right to teach and pupils have a right to learn. Pupils also have a right to ensure that a system is fair and just and they are the first to know if something is not fair. In any school it is the pupils who say, “Hey, sir, that’s not fair” or “Hey, miss, why are we doing this?”. If we have an exclusion policy which is not fair and just, pupils will be the first to see that and that is why I support the amendment moved by my noble friend Lady Walmsley.

[Baroness Benjamin]

My Lords, I fully support all the amendments in the name of my noble friend Lady Walmsley and I congratulate her on her tireless efforts to highlight children’s and young people’s rights and well-being. I want to make the case for a group of young people up and down the country, especially in our urban cities, which are littered with potholes of deprivation, low self-esteem and practically no aspiration. As we have already heard, it is a sad fact that many black Caribbean and mixed-race white and black Caribbean boys experience a high number of exclusions. We have heard that 16.6 per cent of all Caribbean boys and 16.3 per cent of all mixed-race Caribbean boys experienced a fixed-term exclusion during 2008-09, in comparison to 8 per cent of their white and 4 per cent of their Asian counterparts.

We have to ask whether society is failing these young people, who in many cases grew up seeing themselves as victims, partly because of the harsh and sometimes abusive lives they encountered. They feel anger and frustration about their situation and their place in society, which becomes overwhelming, and in turn they become aggressive and disruptive.

As part of my charitable work, I once accompanied 100 children from disadvantaged backgrounds with some of their parents to Euro Disney. A 10 year-old Caribbean boy did not listen to what his mother and others told him about jumping over a barrier on a wet marble floor. Not surprisingly, he fell with a hard thump and hit his head. Instead of his mother rushing to comfort him, as you might have expected her to do, she violently kicked him while he lay on the floor injured. Eventually, after the doctor arrived and things calmed down, she had to be persuaded to go into the ambulance with her son but not before she broke down and, in between her sobs, she cried for help. She explained that she was on her own, that her son had been excluded time and again from school and that she could no longer cope because he would not listen to her. Goodness knows what she did behind closed doors.

They were both victims of circumstances. Family life is tough for many but for that family there was a happy ending. They were counselled by trained charity project workers who put the family back together again and helped them to heal. That boy’s behaviour changed in school.

These are some of the types of children that are being excluded from schools. They need to be dealt with by staff who have been properly trained by trained play therapists, who know how to deal with damaged children, and to be shown love, understanding and—yes—discipline too but not exclusion and rejection, which only cause long-term damage way into adulthood.

I welcome the fact that the Government have decided to retain exclusion appeals panels. However, the decision to strip them of the power to order reinstatement of a pupil decreases their ability to hold a school to account. Many believe that appeals panels with powers of reinstatement represent a vital safeguard against miscarriages of justice and offer a chance for parents’ voices to be heard.

As so eloquently stated by my noble friend Lady Walmsley, despite claims from the Government that the reinstatement of pupils subsequently undermines the authority of teachers, evidence shows that only 2 per cent of exclusions are overturned and that approximately 90 per cent of exclusions are simply not brought before appeals panels, highlighting that the situation is not widespread.

We heard the case of our famous Lewis Hamilton. Goodness knows what would have happened if his appeal had not been successful and he had not been reinstated in school. We would not have seen the brilliance of that champion and have felt that pride to be British.

It is crucial that teachers are properly held to account on exclusion decisions, particularly given the massive impact that those decisions can have on a child’s future. Therefore, I believe that the Government should allow appeals panels to reinstate excluded pupils in schools if an appeal is successful, and that the Bill should be amended accordingly.

Education Bill

Lord Storey Excerpts

Thursday 30th June 2011 Grand Committee

[Baroness Jones of Whitchurch]

My Lords, I want to pursue an issue that I mentioned in passing in my introduction: that of mobile phones. I refer not to whether a child could be searched but to whether they are carrying a mobile phone in the first place. My noble friend Lord Knight made the point that in the olden days pens could be scurrilous and used inappropriately, so we have to be a bit careful about what we are proscribing here.

I believe I am right in saying that the latest draft guidance on searching states:

“Ministers have already announced their intention to make regulations to add to the list of prohibited items (cigarettes and other tobacco products, pornography, fireworks and specific personal electronic devices (mobile phones and iPods etc))”.

I read that to mean that mobile phones and iPods will be included on the list of prohibited items. I hope that we can have a broader debate on whether that is sensible in the round because, as I said earlier, mobile phones can have a range of functions in a school, not all of which are damaging or unhelpful to the education process.

[Lord Storey]

I want to re-emphasise the importance of parents being aware of the school’s behaviour management policy and I welcome the fact that that duty exists. In that behaviour management policy, it will be an important responsibility of head teachers in schools to indicate the items that pupils should not be carrying on their person.

I also emphasise the dangers of mobile phones in schools—something that I have experienced on a regular basis. The amount of bullying that goes on, and the passing of offensive messages and images, is a real problem no doubt in secondary schools but certainly in primary schools. The fact that schools, parents and pupils—one hopes through the school council—are involved in putting together the behaviour policy and understanding that will be really important for our school system.

[Baroness Hughes of Stretford]

I want to explore a little more whether a school ought to be able to search and erase material, as mentioned by my noble friend and the noble Lord. Should a mobile phone be a proscribed item for every child in the school? If that is what the Government are proposing, I question that approach and hope that the Minister can clarify the issue.

I agree with all noble Lords that bullying is obnoxious and is a form of terrorism towards children and those exposed to it. It is absolutely invidious and needs to be dealt with very strongly indeed. I believe that if a child is using a phone for such a purpose, they will be using it not only in school but more likely outside too. I question an approach that, instead of instilling responsible behaviour towards mobile phones, seems to allow schools to issue a blanket ban on bringing them into school. A more effective approach would be to enable a school to ban the use of a mobile phone by an individual pupil who has shown to be misusing it rather than applying a blanket ban on bringing phones into school. If that is the approach the Government are proposing, I support them. However, I believe that the other approach is dangerous and contrary to the way in which we deal with other kinds of issues. We are allowed to take mobile phones into the Chamber but, I guess, if we started taking pictures of Members opposite we would be banned—and quite rightly so.

I would be grateful if the Minister could, first, say whether the Government’s approach is to allow a school to issue a blanket proscription and, secondly, if that is so, to comment on the points that I have made.

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[The Earl of Listowel]

Perhaps I could briefly make two comments on this very difficult issue. First, I hope your Lordships might agree that this highlights the importance of teachers and their development and their need to be highly reflected practitioners—not to get drawn into emotional situations but to have that professional capacity to stand back and be dispassionate. I very much welcome what the Minister is doing to help teachers to reflect on their practice with young people.

I spoke with a head teacher of an EBD school recently. He described a particular situation on a school outing. One of the children picked up a piece of glass on the beach, perhaps, and put it in his pocket, and the teacher was told about it by one of the school children and acted very quickly to search the child and take it away. For schools or institutions that deal with high numbers of children with challenging behaviour issues, it might be helpful for teachers to have this discretion. The head teacher’s point was that it was very important for teachers to be able to exercise their discretion and not feel inhibited by too much regulation in the background. I do not have particular experience in that area, but I share it because I heard it recently from a head teacher.

[Lord Storey]

I understand noble Lords’ concerns about crises, but I want to paint a different picture. In most situations, there will be teaching assistants in the classroom and learning mentors—a whole plethora of support staff who can support a particular situation. If there is a crisis, the best way to deal with it is not to provoke the situation further but to calm everything down. My concern is that if a teacher carries out this act by themselves and no one else is present, it could put them at risk. I can see all sorts of legal actions being taken whereby pupils, particularly at secondary school level, make allegations about what the teacher did to them. The police and law courts might become involved and it might become an absolute nightmare for schools and schooling, so I understand the concern about the crisis that might occur, but I am equally concerned about the well-being of the individual teacher and pupil. To put that teacher in that situation is potentially quite dangerous.

[Lord Lucas]

My Lords, when I think of my own childhood, members of the opposite sex were not the ones who caused the problems. Certainly these days when the staff of many schools are entirely female, you have to allow women to search men, and therefore men to search women, if those are the circumstances in which people find themselves. It must always be advisable to have a same-sex search, and it must almost always be advisable to have a witness, but imagine a situation in which a teacher is alone with a group of pupils and believes that one of the pupils has on them something that they could easily dispose of if they had the chance, whether it was drugs or a weapon. If they were out in the country, something could be dropped easily before they came back.

Searching consists of having the power to search, not actually saying, “Palmer, turn out your pockets”. The pupil would know that the member of staff had the power to search if they did not comply, and would therefore do as requested. This is a necessary part of the structure, but I am sure that no head teacher is going to advise any of their teachers to search when they do not have a witness, except in circumstances when nothing else is possible. I think that we can trust teachers and head teachers to use the clauses as they are in the Bill wisely.

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[Lord Ramsbotham]

My Lords, I entirely endorse what my noble friend Lord Quirk just said about those with communication difficulties. Like a number of other failings in health and education, I have been alerted to a particular problem by the numbers suffering from it in custody, such as those with the communication difficulties that we have just been hearing about. Some 48 per cent of young offenders suffer from attention deficit hyperactivity disorder, commonly known as ADHD.

I have spoken already about the concentration in this Bill on who should be assessed and the lack of detail on what should be assessed. In the opening amendment, my noble friend Lord Northbourne talked about a child's healthy, social, emotional and cognitive readiness to enter school. The noble Baroness, Lady Perry, questioned the responsibility for preparation being passed to local government. I agreed with that in one particular respect—the word “consistency”. If you delegate responsibilities, they will inevitably be given different priorities, which leads to what are known as postcode lotteries. There must be no postcode lottery in ensuring that our children—all our children—are as ready as possible to enter school, which means that possible preventable problems have been identified and amelioration plans made.

I spoke to Amendment 1 to suggest that every child’s communication skills should be assessed, not just to identify learning disabilities and special educational needs, but also difficulties that do not qualify for either definition. The problem with ADHD is that it is another one that does not qualify for definition either as a learning disability, a disability or a special educational need. It is not mentioned in any of the other amendments in this group although it is hinted at in Amendment 42 about which the noble Lord, Lord Touhig, has just spoken.

ADHD is a common behavioural disorder affecting school-age children. But it is also a clinically distinct neurobiological condition that is caused by an imbalance of chemicals affecting specific parts of the brain responsible for behaviour. If you look at the figures, 3.62 per cent of all boys and 0.85 per cent of all girls aged between five and 15 suffer from ADHD, 90 per cent of whom will underachieve academically at school. Children with ADHD are more than 100 times at greater risk of being excluded than other children and up to two thirds of those who are diagnosed with ADHD will continue to experience symptoms into adulthood.

It is not always generally understood what these symptoms might be, and in looking for them the clearest I could find was in A Parent’s Guide to ADHD in Children published in 1997, which said that:

“Children with ADHD often act without thinking, can be hyperactive, and may have trouble focusing. ADHD can affect all aspects of a person's life, extending far beyond poor behaviour or problems at school. The symptoms can have a significant impact on family life, relationships with friends, school discipline and society as a whole.

In other words, it is not something to be taken lightly or wantonly.

Although the youth crime action plan in 2008 identified ADHD as one of the main risk factors in criminal offending during childhood, ADHD struggles for recognition within the current educational system. The term is not listed in the Special Educational Needs and Disability Act. It is not listed in the Disability Discrimination Act, the SEN Code of Practice, or the Disability Discrimination Act 1995 Code of Practice. It is not mentioned in the 2005 report on improving behaviour by the Practitioners’ Group on School Behaviour and Discipline led by Sir Alan Steer. It is mentioned only in the section entitled removal of pupils on medical grounds in the 2008 government guidance on exclusion, Improving Behaviour and Attendance: Guidance on Exclusion from Schools and Pupil Referral Units. The only mention under that is pretty bare. It does not include any direction regarding the next steps for school staff to adhere to in order to make correct, informed decisions on exclusion.

ADHD is not mentioned in Support and Aspiration: A New Approach to Special Educational Needs and Disability published in March this year, so does not qualify for education and health and care plans from birth to 25.

A specialist consultant using standard criteria and rating scales can diagnose ADHD in school-age children, but the majority of adolescent psychiatrists and paediatricians believe that it is currently underdiagnosed in the United Kingdom. Sadly, once it is diagnosed there is no quick fix. The condition is manageable with a combination of regimes that include behaviour management, cognitive therapies and medication.

According to NICE, ADHD is associated with significant financial and emotional cost to the healthcare system, education services, families, carers and society as a whole, quite apart from the basic financial cost of £4,000 a year to teach a child in mainstream and £15,000 a year in a pupil referral unit. Carrying on with this problem, two thirds of parents of children with ADHD who had been in contact with teachers found that the perceived competence by teachers in the management of ADHD was at best variable. A very large number of specialists feel that teachers are not aware of ADHD and do not therefore realise what the symptoms are or that people showing those symptoms should be referred to someone as quickly as possible. We come down to the fact that, at present, ADHD is usually identified only after the second exclusion for bad behaviour. The youngest excludee whom I came across in prison was a boy who had been excluded from his playgroup at the age of four and never allowed to attend any form of education thereafter. It was small wonder that I found him Young Offender Institution Dover—and that was down to ADHD.

What should we do? We have already brought out the fact that a large number of ministries are involved in taking action to ensure that every child is ready for school. I have already quoted a number of Ministers who are involved in different aspects of ADHD. I ask the Minister to agree to undertake not only to consider my amendment, which has a specific recommendation about action following a second exclusion and is what is happening now and should be enshrined—but to start thinking seriously about those who are at risk of exclusion as a result of ADHD by raising its profile on the political and healthcare agendas to ensure better futures for children with this condition.

If we were to go on to debate the subject, I would talk about the effects of nutrition, because it has such a huge effect on the brain and is such a powerful contributor to the condition and its treatment. However, this is not the time or the place for that. However, confident in the hope that the Minister will accept my plea and its logic, I am sure that all that can come out in the consideration that will, I hope, follow.

[Lord Storey]

My Lords, I agree with the noble Lord, Lord Quirk, that any exclusion is a tragedy for that pupil and for the school itself. That is not to say that there are not occasions when pupils have to be excluded. Children have a right to learn and teachers have a right to teach. We must always remember that. However, in my experience—and the noble Lord’s point is important here—children with learning difficulties, and with social, emotional and behavioural difficulties, are more likely to be excluded than any other group of children. If we can sort out those issues at school, and more importantly if we have the resources to do that, the likelihood of exclusion is considerably reduced.

I do not think that any pupil wants to be excluded from school. I repeat again that it is a tragedy for that pupil and that family. If we can identify issues early on and sort them out at school, and if we have the resources to do that, the problem of school exclusions becomes considerably reduced. However, when there are exclusions—I am looking at Amendment 43—it is important that the mechanisms of exclusion are properly conducted, that the families can make representations on the proposal to exclude, and that there is an opportunity for them to appeal against that exclusion. There are often certain circumstances, and my experience is that schools and head teachers do not want to exclude. It is the final avenue that they have to go down, and if any reasons come out on appeal, it is not an admission of failure by the school or its leadership. They are more than happy to understand those reasons and to reconsider the situation. Finally, we must make that process transparent. We must make the language we use and the way we carry out the process as simple, clear and concise as possible.

Schools: Physical Education

Lord Storey Excerpts

Wednesday 30th March 2011 Lords Chamber

[Lord Hill of Oareford]

The general point made by the noble Lord is a good one. If he knows of particular cases, I would be happy to talk to him about them. Generally, I am also aware that many schools are particularly good at making their sports facilities available outside school hours to the community more generally—not just to the schoolchildren. The more that those facilities can be shared in that way, and the more that children get the chance outside school hours to participate in the way that the noble Lord suggests, the better.

[Lord Storey]

My noble friend the Minister will be aware that in deprived communities there are often children who show real talent in specialised sport, and find it very difficult to access county and team clubs because of the cost of travel and so on. Will the Minister look at ways in which we might support those young people in developing their talents further?

[Lord Hill of Oareford]

I take the point about the need to make sure that there are opportunities for talented children, particularly those from deprived backgrounds. I know that the noble Lord speaks with great authority from his own school. I would be very happy to talk to him about any ideas he might have.

Children: Early Intervention

Lord Storey Excerpts

Thursday 17th March 2011 Lords Chamber

[Lord Storey]

My Lords, I first thank noble Lords for making my entry into the House so welcoming. Indeed, the generosity of that welcome and the support from attendants and staff has been truly remarkable. I am a city councillor forged in the political council chamber of Liverpool. Coming to the House and seeing respect, reflection, support, concern and friendship is quite remarkable.

I am a head teacher. I have been a teacher for 40 years and a head teacher for the past 25 years. My current school, of which I am head teacher, is a large three-form entry primary school, with 332 children at the last count and a 100-place nursery, in Knowsley on the outskirts of Liverpool. I am grateful to my noble friend Lady Walmsley for this opportunity to give my thoughts about early intervention as a practitioner. As she rightly says, the most important intervention for any child is made by the child’s parent or parents. The love and support that the parents give to that child is crucial. But we should also be supporting parents, particularly those parents who find themselves in vulnerable situations that perhaps are not of their own making. I note the comment made by Iain Duncan Smith a few days ago when he said, rightly in my view:

“Unless something changes in the adult's life, nothing changes for the child”.

How true those remarks are.

I know that we are talking about intervention in early years, and I shall come to that in a moment, but intervention in my view has to happen throughout the life of the child or young person. Those interventions cannot just be a fad which one minute we pick off the shelf because it is the in-thing to do. They have to be thought through very carefully and, when we know they are right, we have to make sure that they are consistently given time and resources to make them work.

I am glad to say that one of the most important interventions that the last Government made was with the Sure Start centres. They have made a huge difference, particularly in deprived communities, and especially in inner-city areas, to the lives of children and young people. I regret that in some local authorities those important Sure Start and children’s centres are being closed down. I have also scripted in my mind a comment that my noble friend Lady Walmsley made—that I am proud that in my party’s control of local authorities, not one Sure Start centre has closed down.

I shall spend a few minutes talking about the Graham Allen report, Early Intervention: The Next Steps. First of all, I commend this report as it is one of the best pieces of writing about early intervention that I have read. It is hugely important, and I commend those who had the foresight to ask for it and work on it. In this report Allen makes the comment to which I alluded a few moments ago:

“This is not to say that development stops at age … We need to keep supporting them throughout childhood in ways which help them reach the key milestones of social and emotional development”.

That is very important indeed.

In this report, Allen also identifies 19 possible intervention strategies. It is sad to reflect that of those 19 interventions nearly all originate in the United States of America and only one in the UK—reading recovery. I wonder why, and what happened to UK interventions. The other point made in the report is about the use of the private sector, and I caution concern about that because, although the private sector is important, we must be careful that we do not in some people’s minds subject our most vulnerable and needy to profit and loss. That might be something that we need to consider.

I know the support mechanisms that are around to help children. While I listened with interest to the comments of the noble Baroness, Lady Morris of Yardley, one of the most important steps now, as a head teacher, would be to use the pupil premium to decide how my teaching staff will target that money to help the most needy as well as those who need intervention in my school. I have seen my school budget increase, so I will be able to use my own resources to target the interventions, which we think will make a difference to the lives of children.

I end by saying that schools make a real difference to children’s lives, but they cannot do it alone. They need the support of other interventions. I thank noble Lords for having the patience to listen to me on my first very nervous speech in the House of Lords.