Children and Families Bill

Debate between Lord Touhig and Baroness Sharp of Guildford

Wednesday 6th November 2013 Grand Committee

[Lord Touhig]

My Lords, no one in this Grand Committee could doubt that the noble Lord, Lord Addington, has won the argument. He has been passionate and powerful; it is simple, common sense and perfectly logical. I say to the Minister: be bold. He should set aside the brief that his officials have given him and say that he simply agrees with the noble Lord, Lord Addington. I promise that the sky will not fall in, and the Government will not continue to be in the position of defending the indefensible.

I will now say a few words in support of Amendment 192. Clause 62 refers to using the best endeavours to secure special educational provision, and Amendment 192 would reinsert the graduated response. The key is ensuring that children get the support that they need to access the curriculum, whether this is through a single category or a more graduated response. The system that we are losing is popular and is understood and trusted by parents and educators. It ensures that children and young people get the support that they need. As I understand it, the draft code of practice replaces school action and school action plus with a single SEN, the SEN support. As I understand the Government’s argument, they see the creation of a single SEN category as a way of improving the identification of SEN youngsters. If we accept that, will the Minister explain how this will improve the educational outcomes for children and young people with SEN?

The Government’s preferred route will be hugely disruptive, with teachers and SENCOs being diverted from their core role of providing high-quality education. I echo the words of the noble Lord, Lord Low of Dalston, and want to see clear evidence that this will improve outcomes for children. If there is no evidence, why do this?

[Baroness Sharp of Guildford (LD)]

My Lords, I also support the noble Lord, Lord Low, in Amendment 192. While the new draft code of practice certainly indicates that the responsibility is for schools to individualise the provision that they make for those with special educational needs, the old categories of school action and school action plus were nevertheless useful in identifying and putting down some precise markers in this graduated response.

It is perhaps useful to quote the old SEN code of practice on what school action plus was:

“At School Action Plus external support services, both those provided by the LEA and by outside agencies, will usually see the child, in school if that is appropriate and practicable, so that they can advise teachers on new IEPs with fresh targets and accompanying strategies, provide more specialist assessments that can inform planning and the measurement of a pupil’s progress, give advice on the use of new or specialist strategies or materials, and in some cases provide support for particular activities”.

There is particular concern about the readiness of SENCOs within schools to take on the role of the outside specialist. Schools can still pull in and employ outside specialists, but the number of specialists available through local authorities has been much decreased because of pressure on local authorities, and so it is not always possible for them to access this outside speciality these days.

If we look at the pathfinder results, there were frequent references to the need for further workforce development and support for the cultural change that the noble Baroness, Lady Morris, referred to. That highlights the fact that there needs to be support for teachers. Appropriate support is vital. Training for teachers is vital, too, but training also takes resources, not least because when teachers go on training courses they need somebody to replace them in the school. I ask the Minister to look favourably on this amendment, which makes a lot of sense.

Education Bill

Debate between Lord Touhig and Baroness Sharp of Guildford

Wednesday 20th July 2011 Grand Committee

[Baroness Sharp of Guildford]

Thank you. That clarifies the position as far as I am concerned.

[Lord Touhig]

In my part of the world we found that the primary school council was a very good conduit into the school governing body.

[Baroness Sharp of Guildford]

Certainly student councils are an important thing to encourage, but some younger students in particular would find it rather intimidating to come on to the full governing body.

I find the question of the separation of powers very interesting. The head has been a full member on all the governing bodies that I have sat on, and I have not sat on one with this separation of power. The proposals by the noble Lord, Lord Knight, worry me a little. I played a seminal role in getting parent-governors agreed back in the 1970s in London, where the ILEA was the first authority to have parent-governors and I led the London campaign for the advancement of state education. There was a need for governors to be seen as links to the local community.

Many London governing boards had managing boards for a whole cluster of schools. We found this appalling. You had the same group of governors attending governing boards for every school and basically rubber-stamping the heads’ notions. The notion of a separate governing board for each school became an important part of what we as parents wanted. The notion that the governors were critical friends of the head and helped both to support and criticise the head was very important. Because the local authority was more important than it is now, the separation of powers was perhaps less so than now seems to be the case.

I would be sad to see two things disappear. One is the notion of the board of governors providing in some sense a link between the local community and the school. Second would be the loss of the notion of the critical friend, so that you become just a scrutineer. I would also be sad to see large managing boards for groups of schools.

Education Bill

Debate between Lord Touhig and Baroness Sharp of Guildford

Thursday 30th June 2011 Grand Committee

[Lord Touhig]

My Lords, I support the amendments in the names of the noble Lord, Lord Laming, and my noble friend Lady Whitaker. Several noble Lords touched on this question at Second Reading. I was particularly concerned to hear that there are 88,000 autistic school-age children in England. We should ask ourselves: who among us, if we had a child with special educational needs, would not want the co-operation of every agency and organisation to deliver the best we can for that child?

On Monday I was at the launch of a document, We’ve Got Great Expectations, produced by the National Autistic Society. Maria Miller, the DWP Minister, spoke at that event. She said that joined-up support from health, education and social services was needed. If it is needed, why are the Government removing this essential element—the requirement to co-operate? The cartoons on the front of the document have captions such as, “Support my child to succeed”, “Let’s work together”, “Help me, don’t doubt me”, and, as some of the parents I met said, “I can’t fight any more”. We all know of cases where parents have struggled to get the system to respond. Before I was elected to the other place, I was a councillor for 20 years. Time and again I went into council offices with a problem, only to be told, “Sorry, councillor, he falls through the net”. Who created the net? We did. Let us not make a bad net by damaging a very sensible policy and the duty to co-operate.

At Second Reading, I asked the Minister what evidence the Government have that the duty to co-operate does not work effectively. I appreciate, as will anyone who has been a Minister, that it is not always possible to answer every point. However, I did not get an answer on that occasion, so I tabled a Question the following day, which the Minister has kindly answered today. I asked what assessment the Government,

“have made of the effectiveness of the duty to co-operate in so far as education is concerned”.

The Minister’s reply, drafted by his officials, was:

“The findings of the Audit Commission’s report Are We There Yet? showed that before the duty to co-operate was extended, schools and colleges in most areas were engaging voluntarily as partners in local co-operation arrangements”.—[Official Report, 29/6/11; cols. WA 430-31.]

That report was published in 2008. I might be the son of a miner but I had to mine that report just to find any reference to co-operation. The only relevant sentence that I found—perhaps the Minister’s officials have found others—says:

“In most areas collaborative working has improved, but the new arrangements have yet to settle down”.

Is that the basis on which the Government will make this decision? In his Written Answer, the Minister went on to say:

“We are not convinced that the addition of schools and colleges to the list of statutory relevant partners, under Section 10 of the Children Act 2004, was … effective or appropriate”.—[Official Report, 29/6/11; col. WA 431.]

If it was not effective or appropriate, what do the Government think ought to be in its place to make it effective and appropriate? I asked a further Question about,

“what impact the removal of the ‘duty to co-operate’ will have on children with complex needs, such as autism, and their families”.— [Official Report, 27/6/11; col. WA 358.]

I have received a two-paragraph reply. I am a great admirer of the Minister and do not wish to be ungenerous to him, but that reply could have been two words: “no idea”.

The duty to co-operate under the Children Act has existed for only a year. It ought to be properly evaluated to see whether there are failures or good points. What key government policy is this duty to co-operate thwarting? What great thing over the horizon can the Government not do because the duty to co-operate exists? How many complaints have the Government received from organisations involved in the duty to co-operate, saying that it is so burdensome that they cannot fulfil it? This is a case on which the Government ought to think again. The strength of this House is that we can try to persuade Governments to think again if we feel that there is a failure.

I conclusion, I share with noble Lords some advice that my late mother gave me many years ago: “My son, in life you will find that sense is not common”. Common sense tells us that this duty to co-operate should remain. I hope the Government will be persuaded of that.

[Baroness Sharp of Guildford]

My Lords, I should like briefly to say how much I endorse the amendment proposed by the noble Lord, Lord Laming, and the noble Baroness, Lady Whitaker. My noble friend Lady Walmsley mentioned that we have spent some time congratulating the Government on introducing this provision and on making sure that schools were included in it. We are very sorry to see that the coalition is now going back on this particular duty.

I speak with a particular interest, as I am currently chairing a commission on colleges in their community. Further education colleges are mentioned here. One thing is becoming apparent from this; the commission is to develop the role that colleges can and do play within their communities. It is clear that the best of our colleges have enormous breadth of partnerships with all kinds of community organisations, which are currently promoting the well-being and development of those communities. They have in some senses a regeneration function, but they also have a function of promoting the well-being of the local community.

The Explanatory Notes say that these duties are being dropped so that these bodies will be able to decide for themselves how to engage in arrangements to improve well-being. I very much echo the words of the noble Baroness, Lady Howarth, in that we are not worried about those that link up naturally. The ones we are really worried about are those that do not bother to do it. Forming these partnerships and links is so important. Having it in statute here provides that extra push or reinforcement for what we want to see. It will be very sad indeed if we drop this duty.