Skills and Post-16 Education Bill [HL]

Lord Touhig Excerpts

Committee stage
Monday 19th July 2021 Lords Chamber

Moved by

[Lord Touhig]

86: After Clause 25, insert the following new Clause—
“16 to 19 Academies: designation
(1) The Secretary of State may make an order under section 69(3) of the School Standards and Framework Act 1998 (relating to the designation of foundation or voluntary schools as having a religious character) by virtue of section 124B(1) of that Act in respect of a 16 to 19 Academy as if it were an independent school.(2) Any 16 to 19 Academy so designated is a school. (3) In section 4(1B) of the Education Act 1996, after “16 to 19 Academy” insert “, other than a 16 to 19 Academy designated by an order made under section 69(3) of the School Standards and Framework Act 1998.””Member’s explanatory statement
This amendment aims to allow sixth form college corporations with a religious character to convert to Academies without losing their religious character.

[Lord Touhig (Lab) [V]]

My Lords, this is very much a probing amendment, allowing me to highlight a particular unintended consequence in existing legislation and allowing the Minister the opportunity to give what I hope is an encouraging response.

Representatives of the Catholic Bishops’ Conference have been working the Minister’s officials on this issue for some considerable time in anticipation that there would be some education legislation going through Parliament where an amendment can be made to resolve the problem that I will now outline. As things stand today, Catholic sixth-form colleges benefit from several protections set out in the Further and Higher Education Act 1992 relating to issues such as governance, collective worship, religious education and many others. These protections are vital for maintaining the Catholic ethos of the colleges and provide a choice for those who wish to be educated in a religious setting.

Any sixth-form college can become a 16 to 19 academy. However, the definition of “school” in the Education Act 1996, as amended by the Education Act 2011, excludes 16 to 19 academies, which means that they are currently ineligible for the protections and freedoms needed to remain Catholic. If a Catholic sixth-form college were to become a 16 to 19 academy, it would therefore lose those protections and freedoms.

Catholic dioceses across England that oversee schools and colleges have strategies to bring the Catholic community together by creating families of schools within multi-academy trusts. This supports the schools to work in partnership and share resources. Many other sixth-form colleges around the country have now converted and are benefiting from the advantages of academy status, and the 14 Catholic sixth-form colleges across England wish to do the same. Without being able to become academies, the Catholic sixth-form colleges are isolated from the opportunities of joining a multi-academy trust. Allow me to quote Danny Pearson, principal of Aquinas College in Stockport and chair of the Association of Catholic Sixth Form Colleges:

“We are disappointed that Catholic Colleges are unable to take part in the school improvement and systems leadership processes that the Academy system champions. Many of our settings are in areas of high deprivation and Catholic colleges do much for social mobility. As leading performers within our sector, we currently cannot use our expertise for the benefit of our communities. As a matter of fairness, equity and parity across our education system it is important that measures are quickly taken to allow Catholic sixth-form colleges to both maintain the statutory protections they currently hold while being able to become academies if they so wish.”


This amendment to the Bill would empower the Secretary of State to allow sixth-form college corporations to convert to academies without losing their current statutory protections. This will guarantee the religious character of the Catholic sixth-form colleges when they convert, and enable dioceses to include these new sixth-form academies within their strategic planning of Catholic multi-academy trusts.

[Lord Adonis (Lab)]

My Lords, this issue goes back some time. When I was a Minister, there was an issue about whether voluntary-aided schools—of which a high proportion are Catholic, as my noble friend says—could maintain the protections afforded to them in terms of their designated religious character and appointment of governors with a religious background and associations, and so on, as they transfer to academy status. The case he makes is overwhelmingly powerful. At the time there was also the issue of whether we would allow sixth-form academies at all because, in the original academy conception, until there was a change in the law, that was not possible. Now sixth-form academies are possible and, as my noble friend said, there are quite a few of them. Indeed, there is one just 200 yards from your Lordships’ House, Harris Westminster, a sixth-form academy sponsored by the noble Lord, Lord Harris of Peckham, and Westminster School. It is an outstandingly successful institution, right by St James’s Park station. Noble Lords will see the students going backwards and forwards every day. It is excellent and exactly the kind of institution that we want to encourage more of, so it seems perverse that it is not possible for a Catholic promotor, including promoters of existing sixth-form colleges, to take advantage of the status.

As my noble friend says, encouraging sixth-form colleges—both the Catholic Church and the Church of England have their own sixth-form colleges; the Church of England is of course a major educational promoter in its own right—to become part of multi-academy trusts seems a very worthwhile step. This seems a straightforwardly technical issue, which perhaps the Minister can resolve with the stroke of a pen.

--- Later in debate ---

[Baroness Berridge (Con)]

My Lords, I thank the noble Lord, Lord Touhig, for bringing forward his amendment. Although it is always a pleasure to stand at the Dispatch Box on behalf of the Government, it is a double pleasure when—for I think the only occasion in the Bill—the issue falls within my ministerial responsibility. It is a pleasure to speak to it. The noble Lord, Lord Adonis, made reference to Harris Sixth Form; my old sixth-form sadly closed but was reopened a few years later as a 16-19 academy called Harington school, which is an outstanding school in Rutland.

There has been a really vibrant place in the system for sixth-form academies, but there has also been the situation which the amendment seeks to address: sixth-form colleges with a religious designation, if they were to convert to academies, would not retain that designation and would lose some of their religious character and associated freedoms. The Government are committed to supporting existing sixth-form colleges to convert to academy status. I am pleased that a significant proportion of sixth-form colleges have already taken this step and have made a strong contribution to strengthening the academies sector. It was a pleasure to meet Bill Watkin and James Kewin of the Sixth Form Colleges Association, who mentioned the situation with the other section of sixth-form colleges and expressed their desire to look at academisation.

We recognise that there are currently barriers preventing sixth-form colleges with a religious character from converting to academies. This is because it is not presently legally possible for 16-19 academies to have a religious designation, which is of course necessary for Catholic sixth-form colleges in order to retain their religious character around collective worship, RE, recruitment of staff and so on, as the noble Lord, Lord Touhig, outlined. At present, any sixth-form college with a religious character converting to an academy would lose that designation.

We remain keen to take action to facilitate all sixth-form colleges, including those with a designated religious character, to convert to academies. I know that existing Catholic designated sixth-form colleges are keen to join Catholic multi-academy trusts, and I am sure they would make an excellent contribution. We have received further communication from Bishop Marcus Stock, who is the lead Catholic bishop on education and supports the principle of allowing these Catholic sixth-form colleges to become academies. As the noble Baroness, Lady Garden, outlined, if there is any change in the law, it would ensure that other faith groups that establish 16-19 academies can designate them as having a religious character appropriate to them.

The Secretary of State for Education made clear, when speaking in the other place, that we would look at all legislative opportunities to see how this can best be done. We are committed to making this happen at the earliest opportunity. Sadly, however the amendment as drafted could have undesired effects, as it provides that any 16-19 academy so designated is a school in law. This will create legal uncertainty as to the status of 16-19 academies, which are expressly defined in legislation as not schools. A new power would be required to achieve what the noble Lord, Lord Touhig, wants from his amendment.

However, we none the less want to facilitate access to academy status for all sixth-form colleges that wish to convert by enabling the religious designation of 16-19 academies. While this amendment is not the vehicle for it, we remain supportive of the principle. I hope that the noble Lord, Lord Touhig, feels able to withdraw his amendment.

[Lord Touhig (Lab) [V]]

I have observed the contributions of Members on a host of amendments in these last hours and pay tribute to everyone in the Committee for their hard work and commitment in making this a better Bill. I thank my noble friends Lord Adonis and Lady Wilcox, and the noble Baroness, Lady Garden, for their reasoned, informed and encouraging support. I am most grateful.

I hope the Minister might have something more to say as the Bill progresses. I assure her that, if she does, she will be on my Christmas card list. I await further developments and look forward to working with her and her officials to achieve what we all want from this legislation. I beg leave to withdraw.

Amendment 86 withdrawn.

Covid-19: Disparate Impact

Lord Touhig Excerpts

Tuesday 27th October 2020 Lords Chamber

[Baroness Berridge (Con)]

My Lords, I can only reiterate that it is important for us to know what factors are the causes of these disparities; that was not clear earlier, and as I say, there are still gaps in what is causing these disparities. I will take away the suggestion of using the regional network referred to by the noble Lord, but I am happy to say that research has also been commissioned by the Chief Medical Officer that we are taking forward to build a risk profile model for healthcare.

[Lord Touhig (Lab) [V]]

My Lords, I welcome the commitment to widen future Statements on the disparate impact of Covid to include people with disabilities. Yesterday, in a briefing organised by Sense, we heard from the parents of disabled children about the devastating impact that the sudden withdrawal of support services has had on their lives. The National Autistic Society, of which I am a vice-president, has also produced a report called Left Stranded, which makes similar points. I ask the Minister to examine the Forgotten Families campaign by Sense to reinstate community support, as well as looking at the Left Stranded report. Will she write to me setting out how the Government will respond to this cry for help from some very desperate families?

[Baroness Berridge (Con)]

My Lords, the noble Lord raises a very difficult issue. Many of us will have seen footage of the situation for many families when outside support was removed during the period of lockdown: it is incredibly moving, as well as incredibly distressing. The Government have tried to support families with children with additional disabilities—obviously, with a school place, if that was appropriate, and with more funds being given to the family fund. I will, of course, write as the noble Lord requests when I have received the report he mentions, and, as I say, I will draw it to the attention of Dr Emran Mian, who is doing the wider work on disparities and Covid.

Schoolchildren: Dyslexia and Neurodiverse Conditions

Lord Touhig Excerpts

Wednesday 4th March 2020 Lords Chamber

[Lord Touhig (Lab)]

My Lords, we are grateful to the noble Lord, Lord Addington, for securing this debate and introducing it with knowledge and passion. Maya Angelou once said that we must

“teach young people early on that in diversity there is beauty and there is strength.”

This debate is about including all children in education and ensuring our schools are proud of their diversity. My focus is on the positive impact that comes with providing a good education for every child.

I start by considering the problems children face in schools at the moment. Every day, autistic school children must contend with sensory challenges, social communication problems and a lack of routine. Looking at the bigger picture, I ask whether our education system is willing to teach or even capable of teaching autistic children at all. Why do I say that? A National Audit Office study in 2017 found that SEND pupils accounted for 45% of all permanent school exclusions and 43% of fixed-term exclusions, despite accounting for only 15% of pupils. This is not to mention unofficial “soft” exclusions, whereby parents are asked to take their children home for a “cooling off period”. In 2017, Ofsted found an “alarming number” of these, despite unofficial exclusions being unlawful. In 2017, 12% of inquiries at the National Autistic Society’s schools exclusion service related to informal exclusion. A survey carried out by the society and the All-Party Group on Autism found that one in four parents said that their child had been “informally” excluded at least once from school in the previous year.

In 2018, the Fischer Family Trust found that there were 7,700 more children “missing” from schools in England than the government figures revealed. What is being done to find these missing pupils and crack down on these illegal exclusions? The problem is also linked to the ongoing scourge of off-rolling—the practice of removing a pupil from the school roll without using a permanent exclusion. It is aimed at serving the best interests of the school, rather than that of the pupil. Ofsted found that off-rolling is more likely to happen to children who have special educational needs. Can the Minister say how this is being combated?

We should look for solutions first, and acknowledge that off-rolling can come from underfunding and school competition. Ofsted should crack down on schools that off-roll pupils and thereby deny them the education they deserve. It would also be worth reviewing school league tables and the role that competition plays in schools wanting to offload pupils who have worse results. We should encourage our schools to value all their pupils; the variety of ideas and talents that are brought from the neurodiverse community is so important. We must consider the role that school league tables play in promoting anti-neurodiverse practices in schools in favour of the superficial facade of good results. Do the Government intend to review school league tables?

Underfunded training and fewer resources to support children with special educational needs is another factor. While the number of children identified as having the greatest need rose by 10% between 2013 and 2018, funding for pupils dropped by 2.6% in real terms. The Government announced £700 million for special educational needs this year, but nothing in the following years. Why? Can the Minister explain that?

Finally, the benefits of ensuring children with special educational needs are in school are evident to all of us. Studies show that inclusive learning is beneficial to all students, not just those with special educational needs. Children with special educational needs have fewer absences, develop stronger skills in reading and maths, and their peers are more comfortable and tolerant, increasing self-esteem and encouraging diverse and caring friendships.

We are right to discuss this problem this evening. Children with special educational needs deserve to be, and are right to be, in school. First and foremost, we must ensure that they can be there in the first place. The beauty and strength of diversity that comes with ensuring every child attends school will improve the learning skills of all our children, ensure that they have a well-rounded education and contribute to the more inclusive society which we all want in our country.

Children and Families: Early Years Interventions

Lord Touhig Excerpts

Thursday 27th February 2020 Lords Chamber

[Lord Touhig (Lab)]

My Lords, every child has the right to a good life and, even more, every child has a right to a good quality of life. The right reverend Prelate the Bishop of Gloucester set the scene when she opened this debate in such a powerful and expressive way. We have a duty to ensure that children are given the best opportunities in life whatever their circumstances. For this reason, early years interventions are important. Those early experiences are crucial, as they set in motion a child’s life trajectory. The decisions made and the support received in the first few years of life will have lifelong implications.

As this debate has shown, early years interventions are a broad subject so I will focus specifically on the need for early diagnosis for children with learning disabilities and autism. There are around 700,000 people with autism in the United Kingdom, which is more than one in 100. If we include their families, we are talking about 2.8 million people who live every day with someone with autism. Children with autism can start exhibiting signs from as young as 18 months. Evidence shows that early diagnosis of special educational needs allows these children to make better progress, with minimised long-term impacts. For children with autism or learning disabilities, giving them much-needed skills early allows them to reach their full potential.

Non-diagnosis can result in difficult behaviour, social isolation and children not attaining their best achievement in school. When I visited a school in Wales last year I saw at first hand how, with the benefit of early diagnosis, the staff had helped a young boy with behavioural problems. When I was introduced to him, he said, “You know I have behavioural problems?” I said, “Yes.” He said, “My brother’s five. He’s got behavioural problems, but I’m helping my mother cope.” I said, “Well done.” He said, “You know I’m going to comprehensive school in September?” “Yes,” I said, “I’ve been told.” “I’ve decided on my career,” he said. “Well done,” I said, “What are you going to be?” “I’m going to be a High Court judge, and if you come up before me you’ll get a lenient sentence,” he said. That young lad’s quality of life had been helped so much by the early diagnosis and the understanding and support of the education system. An early diagnosis gives a child and their family understanding, the relief of knowing and the ability to get the help the child needs.

An important early intervention for children on the autism spectrum is the EarlyBird programme run by the National Autistic Society, of which I am a vice-president. The noble Lord, Lord Astor, spoke about the society and explained how it operates. However, children may be able to access early intervention only if they have a diagnosis. I endorse and support the noble Lord, Lord Astor, in pressing the Minister to commit to implementing the NHS guidelines on waiting times for diagnosis—a wait of no more than three months—so that no child has to wait years to access the help and support they need.

Investment in improved early intervention must be paired with an investment in support further down the line. Yet, from my experience of talking to people, diagnosis is sometimes a double-edged sword. Knowing that your child needs support and not being able to get it, or having to make a full-time job of fighting to get it, can in many ways be as damaging to quality of life as non-diagnosis. Reports from the Commons Science and Technology, Education and Health and Social Care Committees have all highlighted the lack of government strategic direction in early years policy and the need for a cross-governmental approach. The noble Viscount, Lord Bridgeman, spoke about this. The Government rejected those claims. Well, sadly, they would, wouldn’t they? Look at what has happened to Sure Start. My noble friend Lord Morris spoke powerfully about Sure Start. It was one of the best examples of early years intervention this country has known. It targeted parents and children under the age of four living in the most disadvantaged areas. Sure Start projects delivered a wide variety of services designed to support children’s learning skills, health and well-being, and social and emotional development—and where is it now? Since 2010 the Government have presided over the laying waste of this scheme, cutting funding by two-thirds and seeing more than 500 centres close.

In the meantime, the Government continue to put pressure and responsibility on to our underfunded local councils and schools. If a child with special educational needs is lucky enough to get across the hurdles of receiving a diagnosis and getting an education, health and care plan, we are asking our schools to stump up £6,000 per child in addition to the funding from the local authority. Given that local authority schools have an average funding deficit of £570,000 and that there will be a projected national high-needs spending deficit of between £1.2 billion and £1.6 billion by next year, this is surely untenable. Short-term cash injections of too little money will not suffice. Local authorities and schools in their current state cannot adequately support the most able of our children, let alone those in most need. We must ensure that the importance of early years intervention is not under- estimated. We must invest in early years interventions across the board. While good work is being done, more needs to be done so that no child goes unsupported and no family has to fight for the support their child desperately needs. This is Britain in the 21st century. We need to wake up to this.