School Exclusion: Timpson Review

Debate between Lord Touhig and Lord Agnew of Oulton

Tuesday 7th May 2019 Lords Chamber

[Lord Agnew of Oulton]

I thank my noble friend Lord Baker for his supportive comments, and I agree with everything that he said. There are 30 recommendations in the Timpson report, and we are broadly supportive of all of them. However, Timpson stresses that we need to be careful about how we implement any of his recommendations and that we should have careful consultation with key stakeholders, parents in particular, on how we take matters forward. For example, by making permanent exclusions more difficult, we do not want to push the problem into another bucket such as off-rolling or misuse of the different attendance codes. But we all share the objective that we want to reduce the problem in the system.

[Lord Touhig (Lab)]

My Lords, 70% of pupils excluded from school have special educational needs. In their response to the report, the Government have promised to review the Special Educational Needs and Disability Code of Practice by the end of next year. I am not clear from the Statement whether that review will be included in the work to be undertaken by Tom Bennett. Specifically, on the review of the SEND code of practice, can the Minister say what the terms of reference of the review will be, who will conduct it and who will be invited to give evidence?

[Lord Agnew of Oulton]

My Lords, I do not have a specific answer to those questions at the moment. I am happy to write to the noble Lord. The Tom Bennett behaviour initiative will be available to the whole school system. The idea is that we will have behaviour support networks available to all schools; that is why, again, it will not be rolled out until next year.

Special Educational Needs

Debate between Lord Touhig and Lord Agnew of Oulton

Tuesday 26th March 2019 Lords Chamber

[Lord Agnew of Oulton]

My Lords, as I said in my Answer, the local authority cannot withdraw support during an appeal period.

[Lord Touhig (Lab)]

My Lords, the Minister said that compliance data is not collected. Why? Nothing will improve unless the data is collected.

[Lord Agnew of Oulton]

My Lords, when these reforms came in, we initiated local area inspections. The noble Lord may be aware that we carried out a number of these in combination with Ofsted and the Care Quality Commission. They are shining a light on both good and bad practice in the sector and, where a poor inspection result comes up, they are asked to provide a written plan for correction. That is how we are gradually improving the system.

Schools: Exclusion of Disabled Children

Debate between Lord Touhig and Lord Agnew of Oulton

Wednesday 11th July 2018 Lords Chamber

[Lord Touhig]

To ask Her Majesty’s Government what steps they are taking to ensure that disabled children are not unfairly excluded from school as a result of paragraph 4(1) of the Equality Act 2010 (Disability) Regulations 2010.

[The Parliamentary Under-Secretary of State, Department for Education (Lord Agnew of Oulton) (Con)]

My Lords, in 2016 the House’s Select Committee on the Equality Act 2010 and Disability recommended changing these regulations. These aim to provide more protection to children whose disability means that they have a tendency to physical abuse. In response to the committee’s report, we committed to consider how the exemption around the tendency to physical abuse of other persons applies to those under 18 in the education context. We will be looking carefully at the arguments for and against changing the law, and will confirm our intentions later this year.

[Lord Touhig (Lab)]

My Lords, I welcome the Minister’s reply, but I remind him that it was two years ago this month that the Government promised action on this matter. In the meantime, schools exclude pupils with autism and learning difficulties on the grounds that their behaviour may be disruptive. They do so rather than making amendments to help and support the teaching of these youngsters. Will the Government accept that the Equality Act as it stands permits discrimination against vulnerable children and should be amended soon?

[Lord Agnew of Oulton]

My Lords, this issue is, by common consent, considerably complex. We have been looking at it in depth and giving careful thought to what would be in the public interest. We will be ready later in the year to confirm our intentions, which we will do publicly. We do not accept that discrimination exists at the moment, but I would like to take this opportunity to recognise the huge contribution that the noble Lord makes to this important area through his role as a vice-president of the National Autistic Society. I look forward to meeting him and some of his colleagues from the All-Party Parliamentary Group on Autism next week.

National Autism and Education Strategy

Debate between Lord Touhig and Lord Agnew of Oulton

Wednesday 16th May 2018 Lords Chamber

[The Parliamentary Under-Secretary of State, Department for Education (Lord Agnew of Oulton) (Con)]

My Lords, we welcomed the publication in November of the report Autism and education in England 2017. We are carefully considering the recommendations, including creating a national autism strategy. Some recommendations reflect existing policy, such as our funding of extensive autism awareness training for school staff, improving local accountability and providing additional funding. The report is informing our thinking about the next steps in achieving our vision for the SEND system that we will confirm later this year.

[Lord Touhig]

My Lords, that is a very welcome response because I think we all agree that every child has a right to a good education and to reach their full potential. The National Autistic Society supported the report of the all-party group, which was chaired by two Conservative Members of Parliament, who did fantastic work. The report said that three things are needed: teachers should have autism training, schools should know how to make reasonable adjustments for youngsters who are autistic, and councils should make provision for school places now and for the future. Given that optimistic hope and the Minister’s response, will he agree to meet with colleagues across the House so we can press it further with him?

[Lord Agnew of Oulton]

My Lords, I am very happy to meet the noble Lord, Lord Touhig, and other members of that committee so we can discuss the recommendations and try to include them in our future strategy.

Children: Missed Education

Debate between Lord Touhig and Lord Agnew of Oulton

Thursday 15th March 2018 Lords Chamber

[Lord Agnew of Oulton]

Obviously, children who are missing from education are one of the highest priority categories that we have to worry about. In the integration strategy document announced yesterday, we launched a consultation on the guidance and enforcement of independent school standards—a lot of children can end up in such small schools—and guidance on unregistered schools, which will deal with similar issues.

[Lord Touhig (Lab)]

My Lords—

[Baroness Garden of Frognal (LD)]

My Lords, some groups particularly at risk of missing education include disabled children, those with special educational needs, young offenders and children in care. Surely these young people should be known to social services, the police, doctors or other authorities. Will the Minister tell us what the Government are doing to encourage these authorities to liaise with the education authority to ensure that these children get the education that they need and deserve for a better life?

[Lord Agnew of Oulton]

My Lords, it is already a requirement following the issue of our guidelines in 2016 that, for any child registered as SEN, permission must be sought from the local authority to move them to home education. We are strengthening that guidance, as announced yesterday, and have indicated that we will carry out an exclusion review, which will of course begin with these vulnerable children.

[Lord Touhig]

My Lords, I apologise to the noble Baroness; I did not see her standing up. In England and Wales, 70% of children excluded from school have learning difficulties. Many exclusions are not even officially recorded—they are soft exclusions. We are in danger of creating an underclass of young people who are lacking basic education, are alienated from society and might become criminalised. Unlike the point made by my noble friend Lady Massey, this data is known and is available. What are the Government doing about it?

[Lord Agnew of Oulton]

My Lords, it is important first to differentiate between temporary and permanent exclusions; the ones of concern are, I think, the permanent exclusions. The figures on that have not increased dramatically in the past few years—it has gone up from 0.07% to 0.08%. However, as I mentioned in my earlier Answer to the noble Baroness, we have announced an exclusion review, which will look at many of these issues. The other point I would like to raise is that we have opened a number of alternative provision free schools over the past few years, and they are dealing with some of these issues.