Education: Return in January

Lord Watson of Invergowrie Excerpts

Thursday 6th January 2022 Lords Chamber

[Lord Watson of Invergowrie (Lab)]

My Lords, I am pleased to take this opportunity to wish both noble Baronesses on the Front Bench opposite and all noble Lords a happy and healthy new year, and certainly a better one than 2021—which, I have to say, is not a high bar to set.

We welcome the Statement on the return of education settings, although it is noticeable that the Secretary of State had very little to say about post-school education and nothing at all, not a single word, about preschool education. Can the Minister say what advice and support have been offered to early years and nursery settings to ensure that they remain as safe as possible and that as many as possible can remain fully or near fully functional? It is essential that four year-olds are school ready come September, and parents would value an indication as to what the Government are planning to ensure that. I am sure they would agree that additional funding would be a significant start.

We welcome the Secretary of State’s stated determination to do everything possible

“to keep all education and childcare settings open”

and to ensure teaching in person. In pursuit of that aim, the Government will have the full support of the Official Opposition.

Yesterday’s Times newspaper quoted the chair of Ofqual as saying that schools may need to suspend specialist subjects and focus on core lessons as a means of coping with staff absences. The Secretary of State’s call for former or retired teachers to return to the profession to cover for staff shortages caused by Covid is sensible, and we hope it will prove successful. Interestingly, the Statement informs us that two of those who have answered the call are Tory MPs. Given the Government’s recent record in by-elections, I suspect that it is unlikely the pair will be permitted to return to their profession full-time.

The Statement also says that, at the end of 2021, the level of staff absences in schools was around 8%, a figure likely to rise given the increase in Covid cases. Since the Department for Education monitors daily whether a school has closed, can the Minister say how many schools have not opened so far this term?

Then there is the vexed question of air purification. In May 2020, SAGE first recommended to the Government that all educational spaces should be effectively ventilated in a manner that does not rely just on opening windows—not a pleasant prospect in winter. In answer to my colleague Bridget Phillipson MP in the other place, the Secretary of State said yesterday that

“8,000 air purifying devices are going out as of next week”.—[Official Report, Commons, 5/1/22; col. 54.]

That will be at least 600 days after SAGE first flagged the importance of school ventilation. Meanwhile, a pilot study of air purifiers has been undertaken in schools in Bradford. Can the Minister say when we can expect to see the report of that pilot?

The Statement says that there will be a short break from Ofsted inspections in secondary schools due to lateral flow testing. We believe that it is much too short a break and that asking only current heads of schools not to participate in Ofsted inspection teams is also not helpful. It is probable that many current senior staff also undertake Ofsted inspection work, and taking them out of their own school for that to continue when their primary duty is to help minimise staff shortages due to Covid is irresponsible. Can the Minister tell noble Lords how many current school staff a week on average are taken out of their schools because of Ofsted inspection duties? How many schools have asked recently for an inspection to be deferred because of high staff absenteeism?

For reasons that I hope the Minister will be able to explain, the Statement had nothing at all to say about examinations. Indeed, it required a direct question from Bridget Phillipson to elicit from the Secretary of State yesterday that BTECs and other vocational exams will proceed as planned this month. Noble Lords also heard an education Statement this week last year, and one of the contentious issues then was that BTECs were to proceed with their January exams while those for students sitting A-levels were not. The Minister and noble Lords will be familiar with the Government’s controversial plans in the Skills and Post-16 Education Bill to defund most BTECs, and it seems that the failure to give them so much as a mention in this Statement underlines the low level of importance attached to these qualifications by many in the DfE. Their future remains uncertain, but it is not acceptable for the futures of these young people studying them and currently preparing to sit their exams to remain uncertain.

There remains much uncertainty surrounding the immediate future of young people at all stages of their education. Parents deserve to have clear evidence of planning by the Government and, while some signposts are included in this Statement, there is no mention of a plan B should the worst happen and exams be disrupted for a third successive year. I do not expect the Minister to respond on that point, because even to admit that a plan B exists would be perceived as a sign of government weakness, not least by the more extreme elements of her own parliamentary party. This Statement represents a start point, no more.

School Openings: January 2022

Lord Watson of Invergowrie Excerpts

Thursday 16th December 2021 Lords Chamber

[Lord Watson of Invergowrie (Lab)]

My Lords, before I respond to the government response to the Question, I am sure I am not alone in my thoughts being dominated today by the absolutely horrific news from Tasmania. Five children in a primary school have died and many others were seriously injured on what should have been a day of joy, the last day of their school term. I speak for all noble Lords in saying that my thoughts are with the families involved in their unimaginable pain and anguish.

In responding to the Urgent Question in another place yesterday, the Minister for Skills said:

“The Government are committed to ensuring that schools open in January as normal.”—[Official Report, Commons, 15/12/21; col. 1061.]


We hope that is the case, but vaccination and ventilation are key to reducing the spread of Covid in schools and keeping children in the classroom in the new year. However, nationally less than half of 12 to 15 year-olds have had a vaccine and the weekly number of vaccines has fallen by 80% since October. Staff, children and parents are on the brink of a third year of school disruption.

To minimise that, I ask the Minister if the Government will adopt Labour’s calls for a clear, targeted communications campaign to parents on the benefits of vaccination for children, together with access to pop-up and walk-in clinics, and the mobilisation of volunteers and retired clinicians to deliver it successfully.

[The Parliamentary Under-Secretary of State, Department for Education (Baroness Barran) (Con)]

With the leave of the House, I share the initial sentiments of the noble Lord opposite and send my condolences to all touched by the tragedy in Tasmania.

As my honourable friend in another place said, we will do everything in our power to keep schools open throughout January and beyond. All in this House acknowledge the great price that children have paid over the last two years. I hope the noble Lord acknowledges that there has been a very active communications plan about the importance of getting vaccinated and having a booster jab. We press on with that, but we are exploring every avenue. I am pleased to tell the House that over 350,000 CO₂ monitors have been delivered to schools—above our target of 300,000 before the end of term—and 99% of eligible settings now have that equipment.

Children and Young People in Care: Accommodation

Lord Watson of Invergowrie Excerpts

Thursday 16th December 2021 Lords Chamber

[Baroness Barran (Con)]

Earlier this week, the national transfer scheme for unaccompanied asylum-seeking children, to whom my noble friend refers, was made mandatory for local authorities. As a result of that change, the majority of local authorities will be required to accept transfers of unaccompanied asylum-seeking children into their care. We believe that this will provide those very vulnerable children with the care and support that my noble friend rightly says they need.

[Lord Watson of Invergowrie (Lab)]

My Lords, on this day 30 years ago, the Government made a pledge to the United Nations that they would honour the Convention on the Rights of the Child, which contains comprehensive state obligations towards children. Yesterday’s announcement, referred to by the Minister, on national standards for unregulated supported accommodation for 16 and 17 year-olds was, sadly, a further sign that this Government have reneged on that pledge. Instead of making those establishments follow the quality standards for children’s homes, Ministers are pressing ahead with an alternative, rudimentary set of standards, which are devoid of any requirement to provide care to children. How can it possibly be acceptable for children to be in the care of the state and not receive any care where they live?

[Baroness Barran (Con)]

I understand why the noble Lord asks the question, and I am grateful for the opportunity to try to clarify the point. There are children with a foster placement or a placement in a children’s home, which cater for the vast majority of children in care, whose placements have broken down multiple times or who have come very late age-wise into the care system, who live in semi-independent living, which aims to give them the skills that they will need later in life. I hope that the noble Lord will acknowledge the important step that is being made with the introduction of these standards and the powers that it will give Ofsted to make sure that we give children that care.

School Curriculum: First Aid Training and Home Nursing

Lord Watson of Invergowrie Excerpts

Thursday 16th December 2021 Lords Chamber

[Baroness Barran (Con)]

As I said in response to my noble friend’s main Question, all state-funded schools are required to teach first aid and the curriculum includes CPR. We have also recently issued implementation guidance to schools, which says that they should decide the most appropriate method of teaching. Many use excellent charities to help them implement that training.

[Lord Watson of Invergowrie (Lab)]

My Lords, I am sorry to say this, because I know the noble Baroness raised this Question in good faith, but it is unhelpful because it deflects from the pressing need for the national curriculum to be rescued from the confines imposed upon it by the English baccalaureate. The EBacc comprises the subjects most sought after by Russell group universities; it does not cater for young people who want to pursue the arts and creative subjects, such as design and technology, drama or music. Does the Minister have any concerns about young people being force-fed subjects that may not be in their best interests, and is it now the time to think about adding a sixth pillar to the EBacc?

[Baroness Barran (Con)]

I hear the noble Lord’s level of concern, but the EBacc gives pupils the foundational skills and knowledge they need to pursue a very wide variety of careers. As he and I debated over many hours during the skills Bill, there are also lots of opportunities in both T-levels and BTECs to pursue a range of other careers.

Alternative Education

Lord Watson of Invergowrie Excerpts

Wednesday 15th December 2021 Lords Chamber

[Baroness Barran (Con)]

The right reverend Prelate asks about the trends. One of the reasons we plan to introduce a register of home-educated children is exactly that: it is very difficult to track those trends today. There has been a lot of anecdotal evidence about the increase in the number of children who are electively home educated during the pandemic, but we do not have hard data on that, and we need to. As the right reverend Prelate knows, there are many reasons why parents choose to take their children out of school. Some children will benefit from being home educated, but we also know—to go back to the Question from the noble Lord, Lord Storey—that there are parents who are concerned that their children will end up in alternative provision and want to avoid that, and therefore choose to educate them at home.

[Lord Watson of Invergowrie (Lab)]

My Lords, two and half years have now passed since the Timpson review of school exclusions presented its report, following which the DfE confirmed that it would hold schools accountable for the outcomes of their permanently excluded children—yet a report that the department itself commissioned in May showed that in some multi-academy trusts, schools were refusing to engage with alternative provision. Can the Minister say what instructions have been given to regional schools commissioners to ensure that all schools in multi-academy trusts meet their responsibilities with regard to alternative education provision, which, of course, looks after the high needs of young people?

[Baroness Barran (Con)]

With regard to the Timpson review, where the noble Lord started, one of the vehicles through which we will deliver on all of the recommendations that we have accepted in the Timpson review will be the SEND review, which, as the noble Lord knows, we plan to deliver in the spring. We have already established behaviour hubs with funding of £10 million. We have included training in the early career framework around behaviour and we are clear in all our guidance that off-rolling students with challenging behaviour is unacceptable.

Child Safeguarding

Lord Watson of Invergowrie Excerpts

Monday 6th December 2021 Lords Chamber

[Lord Watson of Invergowrie (Lab)]

My Lords, I thank the Minister for repeating the Statement. I do not doubt the sincerity of the commitments that it contains. This has to be one of the most harrowing and tragic deaths any of us can imagine. My heart goes out to everyone who knew and loved Arthur Labinjo-Hughes. Talking to friends over the past few days, the first reaction they expressed was of course sorrow, but that was quickly followed by anger as to how such an awful fate could have been allowed to happen to little Arthur.

A serious case review is now under way and, while it is of course essential that it leaves no stone unturned in establishing what happened and what went wrong, it must also avoid simply repeating the recommendations of previous such reviews, such as those in respect of Victoria Climbié, Baby Peter, Daniel Pelka and too many others. Their serious case reviews reached conclusions that were depressingly familiar: warning signs were not picked up; the invisibility of children; poor early interventions and support for families; social workers’ high caseloads; and poor lines of communication between the various agencies. The main issue for Government this time is surely that these failures keep occurring. How can we avoid being here again in a year or two in similarly distressing circumstances?

Obviously, there are many questions to be asked in relation to what did or not happen locally, but I hope that the blame game that has already started will not point fingers at social workers, because it is well established that they are overworked and often lack the necessary experience to cope with distressing cases. In respect of the Statement, I welcome that it contains a clear defence of professionals in the various agencies.

Too many social workers on the front line who are recently qualified are sent into situations to deal with difficult households, often with manipulative parents such as Arthur’s. Social workers need to be supported by senior management, and by that I do not mean the directors of children’s services; I am talking about line managers and senior managers who themselves will have built up experience of troublesome families and should more often accompany inexperienced social workers, to provide the support that they need so that their teams can provide what is required by children in those difficult and often chaotic families.

If questions need to be asked about what happened at the local level, they also need to be asked in the national context. When the Permanent Secretary at the Department for Education gave evidence to the Public Accounts Committee in 2016, he committed his department to the target of all vulnerable children receiving the same high quality of care and support, with the best outcome for every child at the heart of every decision made. Three years later he returned to the committee and was obliged to admit that the target was delayed until 2022 because the DfE did not have a detailed plan in place to deliver the target. I do not like the blame game but, in the case of little Arthur, if it is going to begin then let it begin at the top, with a department that is inexplicably unable even to put in place a plan to protect the most vulnerable children in society. We are three weeks away from 2022 so does the Minister know whether her department yet has that plan ready? I do not expect her to be able to answer that question today, but we all deserve an answer and I hope she will write to me when she has it.

Let us not ignore the elephant in the room: the funding of local authorities and, by extension, their ability adequately to fund children’s services. Both have suffered substantial cuts through the austerity policies of Governments between 2010 and 2019—decisions, as I have said many times in your Lordships’ House, rooted in political ideology not necessity. The Minister mentioned the MacAlister review of children’s social care, which has already signalled that an increase in resources will be necessary to begin to bring children’s services up to an acceptable level. I look forward to that report when it appears next year, and I hope the Government will use it as an opportunity to reassess the importance that they attach to children’s social care and wider children’s services. We hear a lot about adult social care, and rightly so, but we definitely need to hear more about children’s social care. I welcome the Secretary of State’s commitment to do—I hope I am quoting the Statement correctly—whatever it takes, whatever is necessary, to keep children safe.

Over the last few days my mind has consistently returned to an image of Arthur Labinjo-Hughes that appeared in many newspapers and on many websites. It showed a happy little boy in his Birmingham City football top, with a big smile, full of potential and with his whole life ahead of him until two evil monsters shamefully and horrifically cut his young life short. Let us try to remember that smile, not just the awful events that took it and his life away.

[Lord Storey (LD)]

My Lords, I am grateful to the Minister for repeating the Statement, which I thought was very thorough. I agree with every word. It is a tragedy that Arthur lost his life in such a horrific way. The noble Lord, Lord Watson, talked about those photographs of a happy young child with his school bag on his shoulders. You just cannot believe how people can be so evil as to do that to a child, to poison and abuse him in the way that they did.

A single child abused, a single child suffering as poor Arthur did, is one life lost too many. Sadly though, as the Minister and the noble Lord, Lord Watson, both rightly said, we have been here before. Daniel Pelka, Keanu Williams and Keegan Downer are the names of only a few children murdered by their guardians. What lessons have we taken from those previous cases to empower social services with the mission of preventing child abuse?

Let us not forget that the serious case review published after Baby P’s death in 2007 said it could and should have been prevented. Every agency involved in his care, including health, the police and social services, had been well motivated and wanted to protect him, but their practice collectively and individually was completely inadequate and failed to properly challenge the explanations of maltreatment. More than 10 years on from that appalling crime, we see this tragic murder of young Arthur.

I think people struggle to understand why the photographs of his bruising and the complaints raised seemed not to satisfy those concerned. I agree entirely with the noble Lord, Lord Watson, that this should not be a blame game against social services. As a head teacher, I worked with social workers a great deal and I found caring, hard-working individuals. However, not through the fault of any individual, I also found that bureaucracy meant that it took time for issues to be dealt with.

I remember the case of a little girl who we felt was being abused. We contacted social services, but a case conference had to be arranged and we had to make sure that all the partners could be at the case conference. We would be told, “We can’t make this date or that date”, as the weeks went on. Eventually, the case conference was held and, I am glad to say, strong action was taken in that case; we were right to have raised the flag on that event. The point I am making, however, is that it is not the fault of individuals—individuals care. No social worker, teacher, police officer or health worker wants this to happen. What they want to see is speedy action but, sadly, that does not happen because of the system that we currently have. In this case, these were evil people who, sadly, would probably have circumvented any system, but that is not to say that we should not have tried.

I was interested to hear the comments of the Children’s Commissioner on “The Andrew Marr Show” yesterday. She made a number of important points and commented on the serious case review under way, saying that

“we need to see what that says but we must take decisive action and now.”

We cannot wait months, or whatever it may be, for this case review to happen; we need to know what we are going to do now. So I put it to the Minister: following the words of Dame Rachel de Souza, what does the Minister think we should directly do now?

It is essential that we protect vulnerable children and families. The national review needs to take into account the significance and scale of the circumstances of Arthur’s murder and allow findings to be disseminated around the country. We must identify the lessons that must be learned and ensure that nothing like this is ever allowed to happen again.

Education (Environment and Sustainable Citizenship) Bill [HL]

Lord Watson of Invergowrie Excerpts

Committee stage
Friday 3rd December 2021 Lords Chamber

I welcome the Bill. It is greatly improved by the amendment moved by the noble Lord, Lord Blencathra, but we need to set it in the context of the wider requirement significantly to enhance citizenship education in our schools. On that front, I am afraid that, because of inactivity on the part of the Government, we are moving backwards rather than forwards.

[Lord Watson of Invergowrie (Lab)]

My Lords, I fully support the amendment in the name of the noble Lord, Lord Blencathra, as it would strengthen my noble friend Lord Knight’s Bill. Since this excellent and necessary Bill had its Second Reading in July, we have had the COP 26 summit in Glasgow, a city that I was privileged to represent in two legislatures. If the campaign to combat climate change and build a sustainable environment has moved forward as a result of COP 26, it has done so only to a very limited extent. The agreement was ultimately disappointing, with loopholes that can be exploited and the appalling 11th-hour attempt by China and India to sabotage the entire event.

Every time I speak in one of these debates, when my noble friend Lord Adonis also speaks, I am reminded that, no matter however much I think I know about education legislation, or certainly recent legislation, I still have much to learn. In his speech, my noble friend recalled, perhaps with some nostalgia, the time that he spent in government together with my noble friend Lord Knight, when our noble friend Lord Blunkett was the Education Minister. Noble Lords may recall that, at Second Reading, my noble friend Lord Blunkett talked about the time when he introduced the order to include the teaching of citizenship. He made the point that,

“while it has been extremely successful in some schools, it has hardly been taught in others”.—[Official Report, 16/7/2021; col. 2129.]

That is the nub of the problem that the amendment proposed by the noble Lord, Lord Blencathra, deals with, because it would prevent it being taught in the curriculum as an option that schools can opt in to or out of.

The fact that COP 26 has taken place since we last considered this Bill has heightened the arguments for including sustainable education within the national curriculum. The role of young people, if it was in doubt, was thrown sharply into focus at some events around COP 26, which were inspirational to many. I certainly found it inspirational to watch the Fridays for the Future protest in Glasgow on 5 November, which gathered thousands of young people, many of them schoolchildren. Many Scottish local authorities had made it clear that, providing that parents informed schools of their children’s absence, no action would be taken against them for being on the protest. I have to say, it is hard to imagine such an enlightened approach being taken by DfE Ministers, but that in a microcosm highlights the widely different attitude to ensuring that children are fully absorbed in the detail of the need for action to combat climate change between the different parts of Britain. That was highlighted at Second Reading in reference to the situation in Wales and Scotland.

In July, officials from the DfE gave evidence to the Environment and Climate Change Committee of your Lordships’ House, suggesting that the Government would be establishing England as a trailblazer on climate education. This Government seem to enjoy blazing trails, especially in the DfE. At the moment we have, inter alia, trailblazers on T-levels and trailblazers on the new local skills improvement plans. Can the Minister say what her department has done since July to take forward that trailblazing pledge? They have dropped the ball in terms of this Bill, which would have been a perfect means of helping to meet their pledge.

We know, as I have said, that the lead in enshrining sustainability in the curriculum has been taken by the Scottish and Welsh Governments. It is of course instructive that neither of those legislatures is under Conservative control because, if that were the case, children in those countries would be denied the right to learn meaningfully about sustainable citizenship in the way that their English counterparts currently do. However, my noble friend’s Bill offers a way forward that will essentially mean that there is a common approach across Britain, and it is much to be regretted that, as I suspect, the Minister in her reply will repeat the line taken by her predecessor in July—although, of course, I shall be happy to be proved wrong in that assertion.

At Second Reading, most noble Lords acknowledged that England must do better on climate and sustainability education. COP 26 has reinforced the fact that young people, including school students, are fully committed to bringing about a more sustainable future for their own and their children’s generations. So will the Minister offer them hope that teaching in our schools will more meaningfully support that aim and will be guaranteed in doing so by regulations through this amendment?

[The Parliamentary Under-Secretary of State, Department for Education (Baroness Barran) (Con)]

My Lords, I thank my noble friend Lord Blencathra for highlighting the importance of parliamentary scrutiny. The Government agree that guidance should not be used as a means to circumvent scrutiny and should be used only where it is proportionate to do so. As my noble friend understands—probably better than anyone else in this Committee—the purpose of guidance is to aid policy implementation by supplementing legal rules. If a policy is to create rules that must be followed, the Government accept that this should be achieved using regulations subject to parliamentary scrutiny, not guidance.

School Teachers’ Pay and Conditions (England) Order 2021

Lord Watson of Invergowrie Excerpts

Wednesday 1st December 2021 Lords Chamber

Moved by

[Lord Watson of Invergowrie]

That this House regrets that the School Teachers’ Pay and Conditions (England) Order 2021 (SI 2021/1101) represents a real terms pay cut for the vast majority of teachers; further regrets that it has been made following a consultation process which took place over the summer holidays; notes that this created significant problems for consultation and planning for schools; and calls on Her Majesty’s Government to commit to holding future consultations on the pay and employment conditions of teachers who are employed in local authority-maintained schools in England during term-time.

Relevant documents: 15th Report from the Secondary Legislation Scrutiny Committee

[Lord Watson of Invergowrie (Lab)]

My Lords, the wording of this regret Motion is self-explanatory. When inflation is taken into account, this order amounts to a reduction in pay for all but a very few teachers at the lowest levels of the pay scale. Even there, the increase of £250 is measured against the increase to the national minimum wage. Is that really an appropriate yardstick of the respect which the Government accord to our teachers? It would appear so.

Government policy on teacher pay since 2010 has created significant problems, and the current policy—which is, in effect, a pay freeze—will create further problems. Concerns on the key pay issues for teachers are reflected across the profession, as seen in the joint union response to the School Teachers’ Review Body report, to which the STRB draws attention.

A month ago, the Chancellor’s spending review offered a historic opportunity to demonstrate that this Government value education and educators. Despite his rhetoric, he failed to do so, as does this order.

The aspiration of “levelling up” is a worthy one but government policy on education is achieving the opposite. As the Public Accounts Committee noted in October, education funding policy is actually driving resources away from areas with greater relative need, and the spending review announcements will not address those inequalities.

The Minister may have noticed that yesterday the Institute for Fiscal Studies published a report which showed that the most deprived fifth of secondary schools have seen their funding cut by 14% in the decade to 2019 compared to a drop of 9% in the least deprived. If the Minister, or indeed anyone else on behalf of the Government, can offer a justification of those figures, I am sure that I would not be alone in being very interested to hear it. For what it is worth, the Institute for Fiscal Studies also says in its report that a teacher’s starting salary of £30,000 and a 3% increase for teachers across the board are “affordable”.

It was with some incredulity that I and many others heard the Chancellor boast in the spending review about restoring school spending to 2010 levels—when Labour was in government. I thank the Minister for the endorsement—however belatedly—by her Government of our Government’s understanding of the level of funding necessary for education. However, the admission that a decade of cuts to education was a mistake went only so far: those 2010 levels of spending will not be restored until 2024. I suggest that that should be a matter not of pride for any Government—more one of embarrassment.

Teacher pay has been eroded in real terms by successive Conservative Governments, increasing the numbers of recently qualified teachers leaving in their first five years. The Government are not obliged to accept the recommendations of the STRB, so it is at least welcome that they have done so on this occasion. However, any additional costs resulting must be fully funded so that school leaders are able to properly reward and retain all their staff.

We cannot understand why the Chancellor and the Government as a whole do not share our view that pay rises are an investment in public services and in ensuring that we have the teachers we need in front of classes. Public sector workers support the economy with their spending on the high street, which they are less able to do if they are struggling to make ends meet. The era of real-terms pay cuts—there has been a 15% reduction since 2010—and an alarming exodus of recently qualified teachers has been wholly destructive and should now end.

According to the Explanatory Memorandum that accompanies this order, the DfE says that, while the majority of teachers will not receive a headline pay uplift, teachers earning below the maximum of their pay range may still be eligible for performance-related pay progression. The department says that it remains committed to increasing the teacher starting salary to £30,000—a 2019 manifesto commitment, it should be said—and that while pay restraint in 2021-22 will slow progress towards this commitment, steps taken in recent years, including a 5.5% uplift to starting pay in September 2020, have made

“a substantial difference to the competitiveness of the early career pay offer”.

However, I regret to say that that claim is not substantiated by evidence.

In its report, the STRB warned of a “severe negative impact” on the retention and recruitment of teachers if the pay uplift pause for teachers continued beyond the 2021-22 academic year. That caused it to urge the Government to allow it to make recommendations on pay uplifts for all teachers and school leaders in 2022-23. The Government effectively rebuffed the STRB, merely committing in its response to “reassessing” the pay award position ahead of the 2022-23 pay round. From experience, I suggest that neither teachers nor school leaders will be holding their breath in anticipation of a positive outcome to such a reassessment.

The Government have not only imposed a pay freeze on virtually all teachers in England, they have prevented the STRB from fully considering the impact of that and proposing alternatives. That demonstrates both the weakness of the Government’s case and undermines the role of the STRB. The STRB’s remit is regularly restricted to specific areas of government policy. The teaching unions continue to call for an objective, evidence-based assessment of all the key issues on teacher pay, such as: pay losses against inflation; the impact of pay cuts on teacher supply; and the need for a fair national pay structure, including better pay levels and progression based on experience without the restrictions imposed by performance-related pay.

The national teacher pay structure has been dismantled over recent years, with schools given significant discretion on teacher pay. This pay “flexibility” has not worked, as evidenced by the development of serious teacher supply problems over the past decade. With teachers and school leaders having been denied the pay progression they deserve as they acquire experience and expertise in their roles, I believe the case for a return to a national pay structure to protect the fairness of pay arrangements is a strong one.

Ministers appear to believe that levels of remuneration for teachers are not a big issue because their pay is significantly higher than average. Yes, the average teacher salary in 2020-21 was £38,400, although that figure was lower in the nursery and primary sectors. But the profession needs to be able to compete with other graduate professions, so comparing teacher pay with average pay across the whole economy is not only misleading but does not serve any meaningful purpose. As the STRB has pointed out, the position of teacher pay in the graduate labour market has declined significantly, and the decline correlates with the real-terms cuts to teacher pay since 2010 and with the development of serious teacher supply problems over that period.

I will not enter into any detail on performance-related pay other than to say that the case against it is clear and it is opposed across the teaching profession by teachers and school leaders. It is being dropped by an increasing number of multi-academy trusts and the Welsh Government have dropped it from teacher pay.

The second part of this regret Motion refers to the consultation process taking place over the school summer holidays. The Minister will be familiar with this issue because I have raised it with her twice already in relation to other consultations in the short time since she took up her post. I may be wrong, but I sensed on those occasions that she did not disagree with me.

Four consultees on this order concluded in a joint submission that the timing of the consultation had created significant problems for consulting meaningfully and with regard to planning at school level. It seems that only the Government have failed to notice that most people take their main holidays between mid-July and mid-September.

I note the excuse offered by the DfE in response to the Secondary Legislation Scrutiny Committee of your Lordships’ House. In its report on this order, the committee recalls that it has previously expressed concerns about the timing of the consultation on teachers’ pay. Asked why the consultation had again taken place over the summer, the DfE told the committee that, as with the situation over the past four years, HM Treasury and No. 10 now insist that all review body reports and consultations should be launched on the same day. In a mea culpa, the DfE then went on to state:

“So, although we would have been ready and happy to publish much earlier than we did, we were subject to the decision from HMT and No10.”


If that is indeed the case, the remedy is quite straightforward and surely not onerous: the Government should alter the date on which all review body reports and consultations are launched. They could be brought forward from October, but even if they went beyond that month it would matter not, as the provisions of these orders are currently made retrospective, with September being the month from which they apply.

I suggest that what needs to be applied here is common sense. Again, I have a suspicion that the Minister may be sympathetic to the case that I am advancing, so will she give me an assurance that she will discuss this with fellow Ministers in her department with a view to the DfE taking the lead in injecting that shot of common sense? After all, the summer holidays are more of an issue within her department than any other, and, as we know from its own words, the DfE is ready and happy to publish much earlier. So I say to the Minister: over to you. I beg to move.

[Lord Storey (LD)]

My Lords, there is a wonderful expression that infant teachers often use: I am sad in my heart. I am sad in my heart that teachers in maintained schools are in this position and effectively having a pay cut. If we have a system where we consult on pay and conditions, surely the hallmarks of good consultation are, first, that it should be at a time when we can maximise that consultation and not at the tail end of the summer period—as we heard from the noble Lord, Lord Watson—and, secondly, that we really listen to the views of those people who know what they are talking about. In the last education debate in this Chamber, we all extolled the virtues of teachers and how important they were to young lives. We spoke of how we should value them, reward them and consider their worth. And yet this happens, so, yes, I am sad in my heart.

Let us understand what all the teacher associations or teacher unions have said. All have had the same reaction: that this will undermine our attempts to stem the constant haemorrhaging of teachers. Geoff Barton, the General Secretary of the Association of School and College Leaders, has said:

“Teacher and leader salaries have already failed to keep pace with inflation over the course of the past decade and the imposition of what is effectively another pay cut undermines retention of existing staff and makes salaries less competitive.”


The national teachers’ union described the Government as being “out of touch”. Its joint General Secretary, Kevin Courtney, said:

“The government’s pay freeze for teachers is demoralising”


and causes

“recruitment difficulties as we come out of the pandemic.”

It was interesting that he should use the word “pandemic”, because, at the time of the pandemic, the Government said how important teachers were and how much we valued them. Then we hear from the head teachers’ union, NAHT, which says the same thing: that this will be challenging in retaining and recruiting teaching staff, particularly for senior positions, and, again, that it is seen as

“eroding leadership supply, and risks prompting an exodus of leaders when the pandemic finally lifts”.

Finally, the National Association of Schoolmasters Union of Women Teachers carried out a survey in which 94% of teachers said they disagreed with the pause on pay uplifts, with 83% saying that it would have a negative impact on the recruitment and retention of teachers.

So I would be interested to hear what the Minister says. I have one cheeky, direct question for her: if it is all right for Peers to have their allowance updated for inflation, why is it not all right for teachers in the maintained sector?

--- Later in debate ---

[The Parliamentary Under-Secretary of State, Department for Education (Baroness Barran) (Con)]

My Lords, I thank all noble Lords who have spoken in this short debate, in particular the noble Lord opposite, the noble Lord, Lord Watson, for tabling the debate. I also thank the Secondary Legislation Scrutiny Committee for its consideration of this order, which came into force this October without objection from either House.

Our priority has always been to ensure that the pay and conditions framework for teachers supports schools to continue to attract, retain and develop the high-quality teachers needed to inspire the next generation. As all noble Lords have noted tonight, I join them in paying tribute to all school staff who have worked incredibly hard, particularly through the pandemic, in enabling schools to remain open and supporting pupils with remote education. I was lucky enough to visit two schools today and was struck by how quickly, seamlessly and calmly they have adjusted to the new challenges of the omicron variant.

As noble Lords may be aware, this order gives effect to the national pay and conditions framework. This follows a well-established annual process of evidence gathering and the independent School Teachers’ Review Body making recommendations to the Government, which we then consult on and implement through the statutory instrument. Noble Lords will also know that the review body for teachers is one of a number of similar review bodies reporting on public sector pay to the Government. For example, there are review bodies for NHS staff, the Armed Forces and the police.

Turning the first of the key points that the noble Lord, Lord Watson, raised, I would like to address concerns about the 2021 pay award. As my right honourable friend the Chancellor of the Exchequer set out in his spending review of November last year, in the face of huge uncertainty and the unprecedented impact that Covid-19 had on the economy, the Government took the difficult decision to pause public sector pay rises temporarily for most public sector workforces in the current financial year. This helped protect jobs at a time of crisis and ensured the fairness that the noble Lord, Lord Coaker, referred to between the private and public sectors.

The pause on pay applied only to headline pay uplifts, and teachers earning below the maximum of their pay range were still able to receive a performance-related pay rise. We estimate that as many as half of all teachers may have benefited from this, and the lowest-paid unqualified teachers were also protected by a £250 pay rise. Furthermore, I reassure the House that, as the Chancellor announced in his spending review last month, all public sector workers, including teachers, will see pay rises over the next three years as the recovery in the economy and the labour market allows a return to a normal pay-setting process.

As part of that recovery, schools will receive an additional £4.7 billion in core funding in 2024-25, building on spending plans from the 2019 spending review, which provided the largest funding increase in a decade. This additional funding will help us deliver the £30,000 starting salary commitment for all new teachers. The noble Lord, Lord Watson, rightly raised the point about teaching being an attractive profession for graduates. He will be aware from our recent exchanges that we consulted extensively on the £30,000 entry point and felt that it would be truly competitive with other graduate salaries. He also rightly talked about the importance of investing in the profession. We are doing that not only in terms of that commitment to the starting salary but in continuing professional development for teachers both as they enter the profession and throughout their career as they progress into leadership positions.

I heard loud and clear the concerns expressed by the noble Baroness, Lady Blower, about levels of pay and the strong message from the noble Lord, Lord Coaker, about the importance of the signal the Government send to the teaching profession. I would like to think that, more broadly than the Government, there are few families in this country who do not hold teachers in higher esteem at the end of the pandemic than they might have done at the beginning, having attempted to educate their children at home, albeit with support from their local school. In relation to the Government, in 2020-21 schoolteachers received the highest headline pay award of all PRB workforces at 3.1% when inflation was less than 1%, and that came after two years of real-terms pay increases.

We recently debated recruitment and retention in this House, an issue that was raised by the noble Lord, Lord Storey. The number of teachers remains high, at 461,000 across the country, over 20,000 more than in 2010. Some 41,000 new trainee teachers were recruited to start training in 2020-21, a 23% increase on the previous year. The noble Lord, Lord Watson, referred to the STRB report and criticisms that the Secretary of State had constrained the STRB. As I have tried to set out, the teachers’ pay process, to which noble Lords referred, is part of a much wider process of public sector pay awards, and for the September 2021 pay award, as I said, difficult decisions had to be taken. However, from September 2022 the STRB will be able to consider pay rises over the next three years as the recovery in the economy and labour market continues. The Government are responding to some of the recommendations in the STRB report, particularly on equalities and teacher well-being and workload.

The other area of concern for noble Lords was the timing of the pay award consultation. As I mentioned, the pay award process forms part of the wider public sector pay review process and, as such, it was necessary for the Government to take a holistic approach to all the pay review body processes and reports, and for each to be considered within the context of the wider public sector pay strategy. In addition, the 2020 spending round delayed the start of the process for the 2021-22 pay round, as the Secretary of State was unable to issue his remit letter to the School Teachers Review Body before the public sector pay policy was announced. As I am sure noble Lords will agree, it is crucial that the annual pay round timetable allows sufficient time for employers, government departments and unions to give evidence to the pay review bodies and for those bodies to carefully consider their recommendations. For 2021-22, this resulted in a summer announcement.

The Government do of course understand the difficulties this imposes on schools in particular, and we will continue to work across government to try to mitigate this in further pay rounds. I am happy to go back and talk to colleagues in the department, as the noble Lord opposite requested.

In closing, I thank all those who have contributed to today’s debate. I hope I have gone some little way to reassuring the House that, while difficult decisions have had to be made in respect of public sector pay, the Government are committed to ensuring that the pay and conditions framework continues to help make teaching an attractive career option for graduates and beyond.

[Lord Watson of Invergowrie (Lab)]

My Lords, I thank the Minister for that response; the tone she adopted was helpful. There are some points I would like to pick up, if I may. I think the Minister and I are the only contributors to this debate who were not previously schoolteachers, so the contributions of those who were carry particular weight. I would not disagree with anything that the noble Lord, Lord Storey, and my noble friends Lady Blower and Lord Coaker said, with one exception. The noble Lord, Lord Storey, said that the pay cut affects teachers in maintained schools but in fact, the impact is wider than that. As the Explanatory Notes say, most academies and free schools have the same pay and conditions, so the effect on teachers is quite widely felt.

My noble friend Lady Blower talked about respect and gratitude for our teachers, and the Minister and my noble friend Lord Coaker echoed that. That is almost a given, which raises the question of why the gargantuan efforts made by teachers to keep education going when children were unable to go to school are not reflected in the pay and conditions review of this year.

Initial Teacher Training

Lord Watson of Invergowrie Excerpts

Thursday 18th November 2021 Lords Chamber

[Lord Watson of Invergowrie (Lab)]

My Lords, we are all hugely indebted to my noble friend Lady Donaghy, not just for securing this important debate but for opening it in a manner so comprehensive that frankly she left very little extra to be said. My noble friend mentioned that it took a Written Question to force the DfE to reveal what was going on regarding the future of teacher education. She was typically too modest to say that she was the one who asked that searching Question.

It is much to be regretted that teacher education appears not to be sufficiently valued for its own worth by those whose task it is to shape education in its broadest sense. I use the term “teacher education” advisedly, because that is what has been cast aside here —downgraded to what is now termed “teacher training”.

The Tory manifesto in 2019 had nothing to say on teacher training, though it did say:

“We want to attract the best talent into teaching and recognise the great work they do, so we’re raising teachers’ starting salaries to £30,000”.


I will spare the Minister the embarrassment of having to tell me two years on how many teachers have actually received that starting salary. Of more relevance is why her party’s manifesto contained no mention at all of teacher education, despite the fact that we now know that Conservatives were so concerned about the underperformance of the sector that they believed the only policy response was to rip it up and start again. In passing, it is only fair to say that neither Labour nor the Liberal Democrats mentioned teacher education in our manifestos—but in our defence these two parties did not believe it to be in such a dilapidated state that it required a complete revamp.

The fact that the Government prefer the term “teacher training” is instructive. Teacher education generally includes four elements: improving the general educational background of the trainee teachers; increasing their knowledge and understanding of the subjects they are to teach; pedagogy and an understanding of child development—as mentioned by the noble Lord, Lord Storey—and learning; and the development of practical skills and competences.

In recent years, the distinctive and long-established role of university teacher education has been weakened to the point where I believe serious questions are raised about the very purpose of teaching. When I take my car to the garage for repairs, I do not want it done by someone who is not qualified; when I go to hospital, I do not want my medical care delivered by somebody who is not qualified; and when I go to a restaurant, I certainly do not want my meal prepared by somebody who is not qualified. So why should any parent at any school be expected to accept their child being taught by a well-meaning amateur? Yet, to this Government, that is perfectly acceptable.

Every parent has the right to expect that those entrusted on a day-to-day basis with ensuring that their child’s development is stretched to the limit of their capabilities have themselves been subject to a rigorous grounding in both the theory and the practice of pedagogy—not just what works, but why it works. Prior to the review, Ofsted had rated all ITE provision as being “good” or “outstanding”—so, to paraphrase my noble friend Lord Knight and his all-party group, “not much was broke there”.

My noble friend Lady Donaghy described the outcome of Ofcom inspections this year, with some in need of improvement, and that is accepted, but it sounds suspiciously as though the headline about the review had been written by the DfE and the storyline then had to be made to fit it. In any case, the review was under way well before the latest Ofsted inspections took place, so they cannot have provided the rationale for it. If we know anything at all about the effect of the past two years on education, it is that the pandemic has rendered the use of any benchmarks from that period next to useless.

The new system would apply to maintained schools, academies and free schools, yet there were no representatives of local authorities or maintained schools on the so-called expert working group. The members of that group may indeed be experts in their own areas but not in regard to maintained schools—although Teach First sends its graduates to both types of school. The suspicion remains that the group was a hand-picked collection of individuals who were left in no doubt what the DfE wanted to emerge from this review, and the DfE’s bias against maintained schools prevented anyone from that sector participating. If that is a wrong interpretation, no doubt the Minister will set the record straight, but why would the group have two people from academy trusts, including the chair, but none from schools that are not academies? At least there was one voice from the university sector, although we hear that she has in part dissented from the report, warning that the reforms could be “hugely risky” to teacher supply and quality. For that reason, she has advocated a year’s delay in implementing the changes to allow the issues to be addressed. At the very least, we very much support that call.

The noble Lord, Lord Storey, my noble friend Lady Blower and others have commented on the fact that the proposal’s consultation period covered school holidays. I will not repeat that, but it is a recurring issue and one that I have raised previously with the Minister concerning the skills Bill. We shall shortly have a debate in your Lordships’ House on an SI on teachers’ pay and conditions, which was also issued over the summer. I believe this is a deliberate practice by the DfE designed to limit responses—and it must stop.

The review’s proposals make recommendations on curriculum content, course structure and mentoring, with the central recommendation that all ITT providers implement a new set of quality requirements, and that

“a robust accreditation process should take place”.

That is a worry for many institutions, which are concerned that the DfE will seek to favour larger and, perhaps, compliant institutions. It would be helpful, to echo my noble friend Lady Donaghy, if the Minister could offer reassurance that the accreditation process will be open, transparent and equitable. Can she also say whether all accreditation applications that meet the new quality requirements will be approved, with no contrived rationing taking place? There are fears that the process could be used to ensure that ITE providers deliver only DfE-approved curricula over and above what is already required through the core content framework.

This is one issue of concern to universities, which play a key role in the delivery of ITE, accounting for 40% of all those entering teacher education each year. They, of course, work on long-term planning structures dependent on the stability of provision, so being confronted by a review with the clear objective of changing the very nature of who operates it naturally sets alarm bells ringing in universities.

My noble friend Lady Donaghy clearly enunciated the concerns of universities about the proposals, and I will not repeat them. However, if the number involved in teacher education were to be significantly reduced—particularly by the threatened departure from the scene of Cambridge and Oxford—that would be damaging not just for that sector but for the supply of future generations of teachers.

The reforms risk recruitment and retention by narrowing the ITE curriculum, reducing choice for prospective students and making ITE more onerous for student teachers. There are also worries that the review changes the focus to assessment of trainee teachers against the core content framework, not on how good they are as teachers. Schools are under a duty to support their early career teachers, but not under a duty to take on trainee teachers. Given the onerous duties of the early careers framework, schools will inevitably redirect resources to support early career teachers, thereby exacerbating teacher supply.

Universities and schools have developed strong relationships over many years, becoming exemplars of good practice. Neither the need nor the political imperative to break those links exists, yet the introduction of market forces sees universities competing more directly with each other, as well as with the disproportionate share of resources—and student places—channelled to schools.

Although the substance of the review proposals is largely generic, I had intended to mention the question of music teaching but, following the remarks of the noble Earl, Lord Clancarty, all I need to do is say that I wholeheartedly endorse what he said. He made a very persuasive case for music teaching. I do not expect the Minister to respond on that point today but perhaps she would do so in writing to both him and me.

The strong partnerships that have developed between accredited higher education institutions and schools have been one of the education sector’s great success stories in recent years. Schools should have a choice about how they participate in ITE. It is, as the report itself acknowledges, already difficult for providers to secure a sufficient number of placements, particularly in some key subjects such as physics and, as the noble Baroness, Lady Coussins, said, modern foreign languages. That in turn has led to an artificial cap being placed on recruitment. Should they proceed, the reforms should surely do nothing to make these challenges even more acute.

The Government should acknowledge the opposition that their proposals have generated. They should, as my noble friend Lord Knight said, abandon the review and then facilitate much wider consultation aimed at building a broad base of support for what works, not simply what it might be possible to force the sector to tolerate. We are not saying that the current situation is perfect, but that is no basis for a way forward—certainly not with something so important to the future of this country as teacher education.

[The Parliamentary Under-Secretary of State, Department for Education (Baroness Barran) (Con)]

My Lords, I echo other noble Lords in thanking the noble Baroness, Lady Donaghy, for securing this debate and bringing to the House’s attention the crucial matter of initial teacher training recruitment and the role of universities and other bodies in ensuring the supply and education of new teachers. I am sure she was being harsh on herself when she described her teaching assistant career, and I am sure her pupils would have disagreed with her reflection.

The Government’s vision is for all children and young people to have access to a world-class education, no matter where they are from or what their background is. At a time when there are more pupils in our schools than ever before, the recruitment and retention of outstanding teachers is a key priority.

The noble Baroness, Lady Donaghy, said that she was a fan of teachers. I think all of us in this House are. I genuinely do not recognise the characterisation that has come from a number of noble Lords that this Government are critical and unsupportive of teachers; quite the reverse. I do not think there is a family in this country that does not value teachers deeply, particularly after the last two years and the critical role they have played in supporting our children. I absolutely agree with my noble friend Lord Kirkham when he talks, as have many other noble Lords, about the importance of valuing and giving proper status to teachers. We are trying to thread that through everything we do, as I will try to set out in my remarks.

I respectfully refute the suggestion by the noble Lord, Lord Watson, that the department is in any way being deliberate in its practice regarding the timing of consultations. I know he will agree with me that the officials in the department have the highest integrity, as do the Ministers, and there is genuinely no truth in that suggestion.

[Lord Watson of Invergowrie (Lab)]

I accept what the Minister says about integrity, but three over just one summer and all in education—is that just a coincidence?

[Baroness Barran (Con)]

I cannot speak accurately for what went before but I know the noble Lord will accept that this has been an incredibly disrupted time. I am sure that, had we delayed the consultations further in terms of our response, as we have heard today, there would have been criticism. There is always a risk; we are damned if we do and damned if we don’t.

I will revert to the important subject of the debate. We know that there are no great schools without great teachers, and I thank the noble Lord, Lord Storey, for the personal experience that he brings to his reflections. I will do my best to answer his and other noble Lords’ questions. We know that the evidence shows that teacher quality is the single most important factor within school in improving outcomes for children and young people, and reforms to teacher training and early-career support are key to the Government’s plans to improve school standards for all.

The noble Baroness, Lady Morris, talked about the time that it takes to qualify. I am sure that she recognises the value in the continued support, for two years now, for early-career teachers. The Government share the ambition of the initial teacher training sector that all people training to be a great teacher get the best possible start to their careers.

We published our Teacher Recruitment and Retention Strategy in 2019, working with key stakeholders to set out a shared vision for the teaching workforce. At the heart of this strategy is a golden thread of training and professional development—the noble Lords, Lord Storey and Lord Watson, raised these points—informed by high quality evidence, which will run through each phase of a teacher’s career. As your Lordships may have heard me say in answer to a recent question, there has been an increase of over 20% in applicants to the profession. The noble Viscount, Lord Hanworth, had his head in his hands, but I hope that he will share my pleasure to see that increase in applicants.

The starting point of this golden thread is initial teacher training, which is why we developed a new core content framework for this purpose. The new framework was published in November 2019, and, since September 2020, all new teachers have been benefiting from initial teacher training, underpinned by the best independently peer-reviewed evidence.

The noble Lord, Lord Addington, asked about initial teacher training in relation to pupils with special educational needs and disabilities. ITT providers must design their courses to incorporate the skills and knowledge detailed in the core content framework to support their developing expertise. This clearly includes the requirement, in standards, that all teachers must have a clear understanding of all the needs of their pupils, including, critically, those with special educational needs. That is also carried forward into the early-career framework, which was designed in consultation with the education sector, including specialists on SEND, of course.

School Admissions Code 2021

Lord Watson of Invergowrie Excerpts

Tuesday 9th November 2021 Grand Committee

[Lord Storey (LD)]

My Lords, I want to make a number of comments about school admissions, and follow up on some of the points that the noble Lord, Lord Lucas, made. On the statutory instrument, I do not have any particular issues, although maybe there are a couple of questions. On the issue about catch-up and the code, that will help parents, particularly those of disadvantaged pupils.

The whole business of school admissions is fraught with all sorts of problems. You cannot just wave a magic wand, even with increased data, and expect that everybody will get the school that they want. That just does not happen. What is true is that parents who can afford it will often move house to get into the catchment area of a local school so they can get their child or children into that school, whereas disadvantaged parents and pupils obviously cannot do that.

I remember from my experiences in Liverpool before the advent of academies that it was an absolute nightmare. Often, decisions were made not on what a school was achieving or not achieving; it was often the case that inner-city schools with very successful examination results were disregarded by parents, who wanted to go to the leafy suburbs. So you had the leafy suburbs and aided schools with huge waiting lists, while inner-city schools such as Paddington Comprehensive, which was built in the early 1970s, a 10-form entry school with state-of-the-art equipment, ended up with one and a half forms of entry. As an aside, I remember trying to persuade Shirley Williams, who at the time was Secretary of State for Education, to turn it into a tertiary college—but she was having none of that.

I make these comments just to show how difficult the whole situation is. Yes, it is important to have all the data, and the composite way in which the data is portrayed will help parents. But when the noble Lord, Lord Lucas, talks about local authority schools he is, presumably, talking about academies as well. Academies choose their own admission requirements so, if we are going to have a standardised approach, it should be for all schools. He made the point, which I do not disagree with, that from looking at the various websites you realise that the workload of the staff means that it is something that they have not given their full attention to. Equally, when looking at the websites of academies, one might say the same as well.

The school admissions process, especially where it helps disadvantaged children or children in care, is hugely important. It is one way in which we can change life chances. We want to ensure that every child is treated in a fair and accountable manner, with local schools and local authorities working together to make sure that the needs of young people in that community are met. Sadly, we often see that that is not the case where schools almost jealously guard their independence from a local authority, and both sides do not want to collaborate in the way they should. Local authorities should have responsibility for place planning to ensure that academies co-operate in providing places. While it is slightly beyond this SI, we think that schools should be able to set aspects of their own admissions policy in compliance with the national code that allow them to specialise in, for example, music or business if they so wish. However, the local admissions process to administer the policy and allocate individual children to schools should be carried out by the local authority rather than by individual schools.

Where the code refers to the oversubscription criteria, are we talking about the waiting list? Is that what we mean? When I have had parents contact me and say, “Oh, I didn’t get a place, but the school’s put me on the waiting list”, is that what we mean by the oversubscription criteria? Would looked-after children be top of that list of criteria, irrespective of the type of school it is? If not, why not?

We talk about admission for disadvantaged children, but we do not define what we mean by disadvantaged children. Perhaps we ought to. It is a very general term. I presume that we are talking about looked-after children, or are we talking about children with special needs? Can they be in separate categories? The explanatory note just talks about disadvantaged children. Maybe I have missed something.

I welcome the fact that mid-term admissions are more codified—that absolutely makes sense, so I do not have any problem with this SI.

I did not realise that the year 7 catch-up premium had been discontinued, for the reasons stated. I presume that there was an SI to establish it. When we have the arts premium, will there be an SI for that?

[Lord Watson of Invergowrie (Lab)]

My Lords, may I start by saying how grand it is to be back in the Grand Committee Room after pretty close to two years? I always enjoy debates in this particular Room.

I should declare an interest of sorts, in that I have a son, aged 10, and we have just made an application for his senior school through the admissions policy applying in our London borough. I have no reason to believe that we will not be successful, but it has sharpened my preparations for this debate.

I am grateful to the noble Lord, Lord Lucas, for tabling this take-note Motion allowing noble Lords to debate these regulations and the wider issues around school admissions that he outlined, with which I would agree. I found the Explanatory Memorandum to the school information regulations very helpful in providing clarity on links with the new admissions code.

I shall not say much today about the removal of the year 7 catch-up premium grant. I challenged the Minister’s predecessor on this on more than one occasion last year, principally concerning fears that the overall amount allocated from the national funding formula would not meet the level of support provided by the year 7 grant. However, I noted that, in July this year, the Government announced that the amount allocated through the secondary low prior attainment factor for the 2020-21 academic year would increase from £924 million to £973 million, so it is only fair that we give the benefit of the doubt and reassess that position in a year’s time.

I think it is fair to say that there have long been concerns about the fairness of in-year admissions. The DfE’s own Review of Children in Need, published in June 2019, found that such children

“were more likely to seek a school place outside the normal admissions round and that delays in securing a school place in-year could lead to children missing education.”

Children in care are among the most vulnerable in society, of course. Surely it is of paramount importance that a school place that is in the child’s best interests is found as quickly as possible. We therefore welcome the DfE’s decision to reform the admissions code to give priority to children in care, or those who have previously been in care, in its oversubscription criteria. It is hoped that this will improve the clarity, timeliness and transparency of the in-year admissions process to ensure that all vulnerable children can access a school place without delay.

We also welcome the additions to the fair access protocol outlined in chapter 3 of the code. There are, it is fair to say, more serious deficiencies in the admissions code, which raise questions about social inequality. That is why Labour believes that local authorities should have responsibility for school places, with oversight and control of all admissions within their boundaries. I was pleased to hear the noble Lord, Lord Storey, support that change. Surely it is nonsense that, at present, councils have legal responsibility for finding a school place for any child arriving in their area, yet they cannot force an academy to accept a child even if the academy is not at capacity. Surely that is not an efficient way to operate school admissions.

All too often, the current system results in school segregation by family income, which has implications for social mobility—or social justice, as I prefer to call it. The point here is the extent to which a child’s family background determines their success. If a child’s chance of attending a high-performing school is effectively determined by their family income, that will clearly act as a major brake on social improvement. There is also a further issue around the social and political implications of young people from different socioeconomic backgrounds being educated separately. That hardly seems likely to assist in building a fair and cohesive society—something that, it might be assumed, is a key component of the Government’s much-vaunted levelling-up agenda.

The Minister will know that many education specialists, commentators and school leaders have called on the department to make further changes to the admission code to close the disadvantage gap, which has spiralled due to the impact of the coronavirus pandemic. The leaked presentation on the needs of schools and pupils following the pandemic from the Government’s sadly short-lived recovery tsar, Sir Kevan Collins, revealed:

“Children from poorer households, who have often struggled most to learn from home, have lost most learning with the attainment gap expected to widen by 10-24%”.


Labour has committed to an education recovery premium, which would support every child to reach their potential by investing in the children who faced the greatest disruption during the pandemic, from early years to further education. We also advocate doubling the pupil premium for children in key transition years, delivering additional support for the children who need it most.

The former Chief Schools Adjudicator, Sir Philip Hunter, has warned that, although the admissions code requires schools

“to adopt, publish and administer admission criteria which are objective and reasonable”,

the very criteria that allow schools to

“give priority to children who live closest to the school, live in a defined catchment area, have siblings already at the school or, in the case of aided schools, are members of a particular church or religion … will, if unregulated over time, result in priority being given to children from privileged backgrounds”

at the expense of their disadvantaged counterparts,

“so the criteria will need to be even more rigorously applied”

as this will lead to schools becoming “yet more selective” and “more elitist”.

On disadvantage, the Minister may have had drawn to her attention by her officials what I regard as a worrying report, published three months ago by Humanists UK. Entitled Careless or Uncaring? How Faith Schools Turn Away Children Who Are or Were in Care, the report found that, in their admissions policies,

“41% of all state secondary schools of a religious character discriminate against children who are or were in care not of their faith … In Kensington and Chelsea, 50% of all state secondaries (religious or otherwise) discriminate against children who are or were in care not of their faith.”