Children and Social Work Bill [HL]
Debate between Lord Watson of Invergowrie and Baroness Evans of Bowes Park(8 years, 5 months ago)
Grand CommitteeRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Lord Watson of Invergowrie
My Lords, I will speak to Amendment 133ZA in this group, in my name and that of my noble friend Lord Hunt of Kings Heath. Clause 17 outlines the consultation process that local authorities and the Secretary of State must undertake before an authority makes an application to exempt or modify legislation in order to test a different way of working. This is a probing amendment to explore how a requirement could be placed on a local authority to consider how such an application could affect the needs of children with special educational needs and disabilities, in addition to consulting local safeguarding boards.
There are concerns that legislation meeting the definition of children’s social care legislation in Clause 19 which can be subject to exemption or modification includes any legislation specified in Schedule 1 to the Local Authority Social Services Act 1970 that relates to those under 18. As drafted, this covers more than 40 pieces of legislation mentioned in that schedule. The Bill could therefore allow exemption or modification of a wide range of social care support that children with SEND currently rely on. Indeed, those with SEND constitute the vast majority of children in need as defined under Section 17 of the Children Act. This group is disproportionately likely to be impacted by exemptions or modifications to children’s social care legislation. However, there is no mechanism explicitly to consider the impact on this group of changes to legislation.
Section 3 of the Children and Families Act 2014 will also be impacted by the Bill, with implications for those receiving social care and health provision as part of an education, health and care plan. Much of this impact could be unintended or unforeseen without specific measures being taken to identify them proactively. There is also the issue of a postcode lottery and creating parallel systems by granting some areas exemptions from the general law. So there is a real need for local authorities to conduct a review of the potential effect of different ways of working on the authority’s ability to meet the needs of children with SEND. It would be helpful if the Minister could give an assurance that some groups will not be prioritised over others if a local authority were to be exempted from some elements of the current provision.
Baroness Evans of Bowes Park
My Lords, Amendments 132A, 133A, 133B and 133ZA would amend the consultation, application and reporting requirements that already support the proposed power to test new ways of working. I should say from the outset that our response to the Delegated Powers and Regulatory Reform Committee, which was mentioned earlier and which evidently noble Lords have not seen, proposed putting forward a government amendment which provides for the laying of a statement every time the power is used in Parliament, with any regulations made, explaining how any change is expected to meet the purpose of the power—better outcomes for children and young people—and the protection that a local authority making an application to use the power intends to put in place. I hope that this move will address many of the concerns raised by noble Lords. We certainly believe that such statements will help the House if and when it comes to scrutinise any orders under Clause 15. None the less, I will say a few further words on consultation and reporting.
Clause 17 sets out proportionate expectations of consultation for both the local authority and the Secretary of State. For the local authority, this would mean consultation with health agencies, the police and others; for the Secretary of State, it would mean the Children’s Commissioner and Ofsted. The Secretary of State may also consult such others as she considers appropriate in each individual case. I am confident that, according to the freedom requested, the appropriate persons or bodies will be consulted to ensure that the right decision is made and that, where appropriate, the needs of children with special educational needs will of course be taken into account. But each decision needs to be made on a case-by-case basis; we are not persuaded that standardised, formal consultation would be appropriate. However, we would expect the statements that I have already described to deal with the outcomes of consultation. Of course, the reports would be made available to the public, as would the orders made—which I feel addresses the question of making public any changes made under Clause 15.
Finally I will say something about the annual report that is proposed. We entirely agree that tracking and capturing the progress of exemptions should take place. This will be crucial in coming to a view on whether lasting changes should be made to children’s social care legislation. We will be evaluating the use of the power, and noble Lords will note the requirement to report on how far changes have achieved their purpose if the initial testing period is to be extended. If it is not extended then of course things will revert to the previous position. This seems to be a way to achieve the same objectives in a more proportionate way than an annual review.
I also make the point, as highlighted by the noble Baroness, Lady Howe, that Ofsted will inspect and report in the normal way, providing another valuable source of public information. I hope that on the basis of our proposal to bring forward amendments, noble Lords will not press theirs.
Children and Social Work Bill [HL]
Debate between Lord Watson of Invergowrie and Baroness Evans of Bowes Park(8 years, 5 months ago)
Grand CommitteeRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Baroness Evans of Bowes Park
For children who have left care and are now with a family, the noble Baroness is right, because obviously those children will have that family playing a role in a way that children in care would not. The virtual head and the designated teacher will be liaising with the family, but the family will obviously be playing a role, and a child in care will not have that family. This was covered in a group of amendments that we discussed in the previous session in Committee, so perhaps the noble Baroness would like to have a look at what I said then. If she has any further questions, I would be very happy to answer them.
Amendment 98 seeks to introduce a new clause that would place a requirement on local authorities to report on various outcomes for vulnerable children, such as those in need, looked-after children and others. It also asks the Secretary of State to publish an annual report on these outcomes. I hope noble Lords will be reassured to hear that the importance of reporting on outcomes is recognised by the Government. We have already placed a duty on local authorities to report information about children in need and looked-after children and their outcomes. Annual reports and statistical tables are produced and published by the Department for Education. These show a range of information about the outcomes of looked-after children and care leavers. Last year, for the first time, the national children in need census data also published factors identified by social workers in assessments of children. These included parental and child risk factors such as drug and alcohol misuse, mental health and domestic violence, among others. However, I am happy to inform the Committee that we will be reviewing our national data collections across government to make sure they are joined up and consistent and to make use of technological advances to ensure that we collect more timely data. I hope that these explanations and reassurances will allow the noble Lord to feel able to withdraw the amendment.
Lord Watson of Invergowrie
My Lords, this has been a stimulating debate with a number of excellent contributions. I should say to the noble Baroness, Lady Bakewell, that we are very much in agreement with her comments in speaking to her amendment, and also with those of the noble Lord, Lord Warner. We would be more than happy to accept Amendment 92. The noble and learned Baroness, Lady Butler-Sloss, quoting from her vast experience, made the case for Amendment 91 more effectively than I was able to do, and I am grateful to her for that. She spoke eloquently about the need to put siblings in the Bill. I think the remarks of the Minister, the noble Baroness, Lady Evans, were helpful in that regard and may have drawn some of the sting from some of the contributions. I do not doubt the Government’s intentions here, but there has to be something more than exists at the moment because, while I am delighted to hear that meetings are to take place with both the organisations she mentioned, the Family Rights Group and the Kinship Care Alliance, they are dealing with these issues on a day-to-day basis and so would not be as concerned if the issue of siblings was not a problem. We will be looking to see what comes out from what the Minister said about strengthening the statutory guidance. We will want to see that. I doubt that will be coming out before Report but, given that Report may be some time away, there may be some option. We perhaps could discuss it again on Report because it is an important issue, as the number of contributions suggested.
It is the same concerning grandparents. The Minister said that grandparents should not be considered in every case. I suppose that is right, but at the same time it may or may not be appropriate for them to be considered. Questions at least should be asked about whether there are grandparents, what the situation is and whether they can make a contribution to situations when the children are in need of care from a family member. This is just one of the groups that would be included in terms of the Bill, and it may be appropriate to return to this as well on Report, because the number of comments by noble Lords suggests that it is an issue that is seen as important.
On the other issues, briefly, I hear what the Minister says. We think they are important. She pointed to some areas where these issues are being covered to some extent but, in terms of the annual report, local authorities make annual reports to the Secretary of State. Maybe they are published, maybe they are just there, we cannot find them or we do not look for them, but it would be helpful to have that information made available. It would be helpful, if not every year, at least from time to time, to get a debate in either the House of Lords or in another place so that the figures could be placed year by year, side by side to see what progress is being made. That was the thinking behind the amendment; it was no more than that. We want to have the ability to see what is there, to question and to debate it. This has been a very good debate on a number of issues, and I beg leave to withdraw the amendment.
Schools: Modern Languages
Debate between Lord Watson of Invergowrie and Baroness Evans of Bowes Park
Baroness Evans of Bowes Park
Certainly it is very clear how much business recognises the value of languages. Indeed, a recent report by the CBI, published last year, said that 70% of businesses value foreign languages, particularly in the context of building contacts and relationships overseas. As I said, universities in particular are playing a role in discussions with employers to help to make sure that graduates understand the opportunities that are open to them. Of course, as we look to improve careers education within the school system, that will be another way to drum the message into young people about the value of languages, and I hope that with inspirational teachers to help them we will see a continuing growth in the number of young people speaking a foreign language in this country.
Lord Watson of Invergowrie (Lab)
My Lords, there are two issues here. First, although the Minister said that the teaching of modern languages increased with the introduction of the English baccalaureate, it has since begun to decline again. I fear that that position might well be exacerbated by the unfortunate decision of OCR. Secondly, the Government’s qualification reform programme is massive in scale and has been pushed through to a rather unrealistic schedule, as alluded to by the noble Baroness, Lady O’Neill. We are almost at the end of May, yet a number of teachers in about six disciplines still do not know what they will be asked to teach their students in September. Can the Minister say who she holds responsible for this? Is it the Department for Education or Ofcom?
Baroness Evans of Bowes Park
The noble Lord is quite right that the EBacc has had a positive impact on the number of children taking up languages in schools. Our goal is for 90% of pupils to take the core academic subjects, including languages at GCSE, so we hope to see that continue.
School Admissions Code
Debate between Lord Watson of Invergowrie and Baroness Evans of Bowes Park
Baroness Evans of Bowes Park
What we also want to do is free schools from bureaucracy where possible, while of course making sure that they abide by the rules and are able to focus on delivering high-quality education. We want the adjudicator to be able to focus on the concerns that local parents might have about the admissions arrangements of a school they may genuinely wish their child to attend. That is why we have announced our intention that local parents and local authorities should be able to refer objections about a school’s admissions arrangements.
Let me be clear: this change does not mean that we will ignore concerns raised by campaign groups. These groups can, and do, raise their concerns directly with government and we will continue to encourage that. I agree with the noble Baroness, Lady Massey, and the noble Lord, Lord Taverne, that it is helpful to have others’ views on how schools’ admissions systems are working. I assure noble Lords that officials from the department meet organisations such as the BHA regularly. We welcome the constructive relationship that we have and want it to continue.
We do not believe this change will have a negative impact on compliance with the School Admissions Code. In spite of the large number of objections referred by campaign groups over the past two years, it remains the case that most objections are referred by parents and local authorities. I am aware that concerns have been raised that parents do not have the expertise necessary to refer objections to the adjudicator—but, as I have said, given that a significant proportion of objections that are received now are from parents, this does not seem to be the case in reality.
We want parents be able to refer an objection where the admissions arrangements of their local school feel unfair or wrong to them: for example, if the boundary of a catchment area seems to be have been drawn in such a way as to leave out a particular street, or if admissions arrangements lack key information parents need to be able to understand how they will affect them, such as how “home address” will be defined.
Parents do not need a detailed knowledge of the admissions code to be able to spot such flaws—but, of course, if they felt they wanted to seek the advice of a group or organisation in referring an objection, they would not be prevented from doing so. Again, this change is about supporting parents.
Admissions teams in local authorities, who we intend will still be able to refer objections, have a detailed understanding of admissions law, and they have a legal duty to refer an objection to the adjudicator if they believe that a school’s admission arrangements are unlawful. The noble Lord, Lord Desai, said that the onus would be just on parents. No, local authorities will also have a role. They may be more likely than parents to spot some of the more technical issues which the noble Lord raised, such as failing to include an effective tie-break.
I know that there is also a concern about widespread non-compliance among faith schools—a number of noble Lords mentioned the report, An Unholy Mess. That report was based on a small-scale sample confined to just 43 schools, so it is misleading to say that it is representative of the faith sector as a whole, which comprises some 6,800 faith schools. Of the 43 sets of arrangements that were reviewed, the Office of the Schools Adjudicator found that most of the issues were not related to faith. There was also an issue with the methodology, which did not examine non-faith schools as a comparator.
Lord Watson of Invergowrie
The Minister said that it was not a representative sample, but we are all well aware of opinion polls of 1,000 people which are said to reflect the views of 60 million of us. Every school mentioned by the British Humanist Association was found to have something wrong—something against the rules. That surely is the issue. What has the Department for Education done in respect of those schools and others like them to ensure that those breaches are no longer in place?
Baroness Evans of Bowes Park
Obviously where the adjudicator found against a school it would have to ensure that it was complying with the code. I shall talk about a couple more things we are doing to ensure that schools abide by the code.
We are reviewing the school admissions code and, as part of this, we are considering whether it would be appropriate to make any other changes to ensure that the admissions process is as transparent as possible for parents and admissions authorities, and whether more needs to be done to ensure compliance. That is part of our ongoing review. We will conduct a full public consultation on a revised admissions code in due course.
I should also highlight a change that we have already announced. We propose that admissions authorities should be required to consult on their admission arrangements every four years, rather than every seven as at present. This will give parents and communities a greater voice and help them ensure that school admissions arrangements are responsive to local needs.
The noble Baroness, Lady Massey, asked about parent governors. We are not suggesting, and never have, that parents should no longer sit on governing bodies. We want parents to be more involved in their children’s education, not less, as the White Paper made clear, and we will consult on how to do this. To achieve this for the first time, we plan to create a requirement that every academy puts in place arrangements for meaningful engagement with all parents and that they listen to their views and feedback. We will create a new parent portal to give parents key information about their children’s education, and introduce regular published surveys of parental satisfaction.
The noble Lord, Lord Storey, asked about comprehensive guidance. As I said, we are reviewing the admissions code to ensure that all arrangements are clear and as fair as possible. We are considering a range of options as part of this. We will conduct a public review and I am sure that the suggestions that the noble Lord has made will be a part of what we consider.
Again I thank everyone who has contributed to this important debate. We are looking at this area. As I have said, although the problem overall is relatively small, breaches are not acceptable. We believe and understand that this decision for parents is key—it is one of the most important they will make. That is why we are committed to ensuring that all schools operate a fair, open admissions policy, which will make the process of applying for a school place as straightforward as possible.
Lord Watson of Invergowrie
The Minister said that she and the Government are committed to ensuring that there is a fair admissions policy. However, both my noble friend Lord Desai and I asked her if she would say what alternative the Government had for enforcing the admissions code, and so far we have not heard anything along those lines.
Baroness Evans of Bowes Park
I said that as part of our review of the code we are looking at whether we need to do more around compliance. That is part of the ongoing work we are doing and we will be thinking about it. I have no doubt that we will discuss it further with noble Lords as the consultation develops.
Education: Secondary Schools
Debate between Lord Watson of Invergowrie and Baroness Evans of Bowes Park
Baroness Evans of Bowes Park
What I can say is that, under the coalition Government, 600,000 new school places were created. With the £7 billion of extra investment that will go in during this Parliament, we expect to deliver a further 600,000 new places by 2021. All parents should have access to a good school place for their children, which is why we are delighted that 1.4 million more children are now in good or outstanding schools compared to 2010.
Lord Watson of Invergowrie (Lab)
My Lords, the Minister said in answer to the question from my noble friend Lady Donaghy that the Government would aim to provide 600,000 new places by 2021. That figure falls some way short of the Office for National Statistics estimate of almost 1 million places being required. Are not the Government depending to a reckless degree on the establishment of free schools—something that the noble Lord, Lord O’Shaughnessy, knows quite a bit about—popping up in the right places, which rarely happens? Will the Minister accept that with the responsibility for school places in their area remaining with local authorities, they should now be given the powers to direct academies to expand to cover the growth in the number of school places required?
Baroness Evans of Bowes Park
As I said previously, I think that local authorities, schools and regional schools commissioners are working effectively to help deliver the school places that parents and young people in their areas deserve. Central government now provides funding for new school places three and a half years in advance so that local authorities can plan effectively to ensure that all young people in their area have access to a good school place. We need a collaborative system, which is what we are seeing.
Young People: Mentoring
Debate between Lord Watson of Invergowrie and Baroness Evans of Bowes Park(8 years, 8 months ago)
Lords ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Baroness Evans of Bowes Park
My noble friend is absolutely right. We want to help tailor the support that young people get, so the exact support given and the length of the mentoring contract will vary depending on a student’s needs. The support will also be provided in different ways—for example, as one-to-one sessions, group working and work experience. The time over which a young person will need support will vary, and the mentors will work with young people in a whole range of ways so that the support can be properly tailored to what can best help them.
Lord Watson of Invergowrie (Lab)
My Lords, the Minister will be aware of the excellent report published earlier this month by your Lordships’ Select Committee on Social Mobility, ably chaired by my noble friend Lady Corston. One of its recommendations was that teenagers should be offered face-to-face careers advice, with responsibility for that taken away from schools. Given that, to protect their budgets, some schools have been promoting their own sixth-forms over other routes into employment, and have been criticised for that by the chief inspector of Ofsted, will the Minister tell noble Lords whether her department intends to act on that recommendation?
Baroness Evans of Bowes Park
I too pay tribute to the extremely thoughtful report from the Select Committee. Of course, we have already strengthened statutory guidance to ensure that the independent careers advice provided is presented in an impartial manner and includes information about a range of education and training options. However, I agree with the noble Lord: we need to go further. That is why the Government intend to bring forward legislation to require schools to allow other education and training providers the opportunity to talk to pupils in their premises, so that young people get the range of advice they need to make the right choice for themselves in where they want to take their future careers.
Schools: Admissions Code
Debate between Lord Watson of Invergowrie and Baroness Evans of Bowes Park
Lord Watson of Invergowrie
To ask Her Majesty’s Government why they are proposing to prevent some parents and organisations from objecting to violations of the School Admissions Code.
Baroness Evans of Bowes Park (Con)
My Lords, we want the schools adjudicator to focus on concerns that parents might have about the admission arrangements of their local school. We also want to free schools from bureaucracy so that they can focus on delivering excellent education. We propose that only local parents and local authorities be able to refer objections about a school’s admissions arrangements. That change will be subject to full public consultation and parliamentary approval.
Lord Watson of Invergowrie (Lab)
I thank the noble Baroness for that reply. Given that the schools adjudicator’s most recent report highlighted that violations of the school admissions code were widespread, noble Lords may not regard it as a coincidence that there is currently no body charged with enforcing and monitoring that code. Does the noble Baroness agree that the establishment of an independent body with responsibility for enforcement of the code is overdue? If that were done, there might be less concern about the banning of organisations that can raise questions.
Baroness Evans of Bowes Park
We want to put parental concerns at the heart of the system, which is why we want the adjudicator to focus on those concerns. It is not great for parents that it now takes 49 days for them to hear the result of their objection; that has risen from 26 days. We want the schools adjudicator—she herself has suggested it—to limit those who can make an objection, to put parents at the centre.
Personal, Social and Health Education
Debate between Lord Watson of Invergowrie and Baroness Evans of Bowes Park(8 years, 10 months ago)
Lords ChamberRead Full debate Read Hansard Text
Baroness Evans of Bowes Park
I agree with the noble Baroness. PSHE can be a very important element of a young person’s education. It can help them develop resilience and manage risks but also focus on the skills and attributes that can help them lead fulfilling lives. It is extremely important, and there is a lot of good practice in evidence out there which we want to help bring together to make sure all schools are delivering high quality.
Lord Watson of Invergowrie (Lab)
My Lords, the letter which the Secretary of State issued today, after some delay, amounted to an announcement that she had nothing to announce. Why is it that when a range of organisations as diverse as Barnado’s, the Royal College of Nursing, the NSPCC and the National Union of Teachers all express support for the recommendations of the Education Select Committee, the Government believe that they have a monopoly of wisdom on this crucial issue?
Baroness Evans of Bowes Park
That is not the case at all. In fact, we did announce something today, which is that the variability in PSHE is unacceptable. We want to focus on improving teaching. It cannot be right that 40% of teaching of PSHE is less than good. We want to focus on that and make sure that all young people get access to the high-quality teaching in this area that they need.
Education: Politics A-level
Debate between Lord Watson of Invergowrie and Baroness Evans of Bowes Park
Baroness Evans of Bowes Park
I am very happy to join the noble Lord in wishing the best to our Armed Forces and to thank them for all they do for us. He is absolutely right. We are seeing an increase in the number of cadet forces in schools, particularly through extra-curricular activities. These help young people to learn about resilience and discipline, which are the character skills that this Government consider to be so important because they complement the academic side of education.
Lord Watson of Invergowrie (Lab)
My Lords, I hope that we are not seeing a pattern developing here because, in addition to the A-level politics syllabus, the A-level music syllabus recently had to be changed because it featured 63 male composers and no female composers; now it includes five. With a nod to the season, do the Government have any plans to drop the female reproductive system from the biology syllabus?
Baroness Evans of Bowes Park
I think that the answer is probably no, and I shall leave it at that.
Northern Powerhouse: Early Years Attainment
Debate between Lord Watson of Invergowrie and Baroness Evans of Bowes Park
Baroness Evans of Bowes Park
I can certainly offer my noble friend that reassurance. Rural communities remain at the forefront of the Government’s mind.
Lord Watson of Invergowrie (Lab)
My Lords, the Government have already rowed back on their manifesto commitment to double free childcare for all three and four year-olds. Does the Minister not accept that that age group is very important in terms of early years attainment and that it should be targeted with all the resources available?
Baroness Evans of Bowes Park
We are indeed doubling the amount of free childcare for children in that age group. We are also providing free childcare for 40% of disadvantaged two and three year-olds. In addition, through the early years pupil premium, we are targeting resources to provide additional support for disadvantaged three and four year-olds. It is certainly a group that we are very keen to ensure resources are properly directed to.
Schools: Exclusions
Debate between Lord Watson of Invergowrie and Baroness Evans of Bowes Park
Baroness Evans of Bowes Park
The noble Baroness is absolutely right. As I said previously, school staff have a duty of care to pupils, whether they are at school or at home. Many head teachers do not exclude people even when they legally could, because they understand the home situation. That is why we are also looking to improve alternative provision and other, more local initiatives around family support— to make sure that we can help these young people and that they get out of the cycle that they may be in.
Lord Watson of Invergowrie (Lab)
My Lords, would the noble Baroness accept that, although the DfE guidelines could be amended—perhaps better to reflect best practice on exclusions currently followed by head teachers—to add a further statutory duty, as suggested by the noble Lord, Lord Lupton, would not be appropriate given all the other duties added to those of school teachers? It would be neither necessary nor appropriate.
Baroness Evans of Bowes Park
As I have said, head teachers do not take these decisions lightly and they have a duty of care. We believe that the overwhelming majority of schools and head teachers work very well and closely with local services in order to make sure that there is provision to support both these young people and their families, who often have many complex needs and need broad help from local services.
Education and Adoption Bill
Debate between Lord Watson of Invergowrie and Baroness Evans of Bowes Park(9 years ago)
Lords ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Baroness Evans of Bowes Park (Con)
My Lords, I shall speak to Amendments 3, 4 and 5, tabled by the noble Lords, Lord Watson and Lord Hunt, the noble Earl, Lord Listowel, and the noble Lord, Lord Storey, which focus on improving the mental health needs of children adopted from care. I thank noble Lords for raising these issues. As the noble Lord, Lord Watson, said, we had a detailed discussion in our previous debate in Committee, when I set out that improving the mental health of both looked-after and adopted children is a key issue for the Government. Following the debate, the Parliamentary Under-Secretary of State for Schools sent a letter to the noble Earl, Lord Listowel, and the noble Baroness, Lady Benjamin, describing in more detail the actions that we are taking to improve the assessment and support that these vulnerable children receive.
As the noble Lords, Lord Storey and Lord Watson, said, I set out that the Government have committed £1.25 billion to improve mental health services for children and young people over the next five years through the implementation of Future in Mind, the report resulting from the Government’s review of child and adolescent mental health services. I can give noble Lords an assurance that we are now working closely with the Department of Health and NHS England on the implementation of Future in Mind. The NHS England guidance on completing local transformation plans stipulates that they should cover the needs of the most vulnerable children, such as looked-after and adopted children. Key to this is that local areas must work together to understand the vulnerabilities of these children and young people and transform their services accordingly. We are absolutely committed to looking at the needs of children and making sure that they are properly addressed. This will include addressing the important point made by the noble Lord, Lord Watson, about filling in the current gaps in services.
Local NHS clinical commissioning groups, in developing their local transformation plans, have worked closely with their local health and well-being boards and partners in local authorities, youth justice and education. All clinical commissioning groups have now submitted their plans, which are currently being assessed by NHS England. Improving the assessment of and support for looked-after children will be a key priority for our programme of work. I agree with all noble Lords and with the NSPCC, which has been cited a number of times in this debate, that getting the assessment right when children enter and leave care for adoption is important.
All looked-after children already have a health assessment at least once a year which must include an assessment of their emotional and mental health as well as their physical health. That assessment, which informs the development of their health plan, should take account of the information provided from the strength and difficulties questionnaire that is completed by their carer. I accept the point made by the noble Baroness, Lady Massey, that for some young people with a range of problems, a follow-on referral to a specialist health service is required.
Turning to the provision of a mental health assessment prior to adoption placement, when an agency is considering adoption for a child, it should immediately consult its medical adviser to determine whether the health information obtained through the most recent health assessment is sufficient, up to date and as broad-ranging as it needs to be. Where a new health assessment is needed, this should be organised in time for the medical adviser to complete their part of the child’s permanence report. That is because, as a number of noble Lords have mentioned, permanence is key.
Lord Watson of Invergowrie
I hesitate to break the noble Baroness’s flow. She mentioned that a new health assessment will be undertaken, but she did not specifically mention a mental health assessment. That is the point. The physical assessment is always done, so why should the mental health assessment not always be done at the same time or immediately afterwards to make sure that any problems are spotted at the earliest opportunity?
Baroness Evans of Bowes Park
The broad health assessment will include those elements. It must include a summary by the agency’s medical adviser of the child’s current physical and mental health, so both are included. When an application is made to a court for a placement order, the agency is required to submit the summary as part of the application. Local clinical commissioning groups should use these assessments of looked-after children and adopted children to inform their local transformation plans to ensure that they can meet the needs of their local population.
At the national level, the Department for Education hosted a roundtable event last month bringing together children’s social care and mental health stakeholders to discuss how to improve mental health services for looked-after children and adopted children. As a result, we are considering how centres of excellence, possibly linked to regional adoption agencies, might enable the mental health needs of looked-after children and adopted children to be better met. Following that roundtable event, Edward Timpson, the Minister of State for Children and Families, met Alistair Burt, the Minister of State for Community and Social Care, to discuss how to ensure that mental health services can meet the particular needs of these children and young people in an effective and timely way. I should like to reassure the noble Lord, Lord Watson, that the two departments are working closely together.
In addition, we are providing £4.5 million of funding in this financial year to accelerate the development and implementation of regional adoption agencies. Adoption support, including mental health, is a key element of that. We are clear that regional adoption agencies should have a focus on improving the assessment of adopted children’s mental health needs and the provision of appropriate mental health support services. I should also mention the government-funded adoption support fund. More than 2,000 families have already benefited from £7.5 million of therapeutic services provided by the fund for adopted children and their families. We know that getting a high-quality assessment of need is critical, and local authorities are increasingly using the fund to pay for specialist assessments and, where appropriate, specialist therapeutic support.
The noble Lord, Lord Watson, raised concerns about this Government’s focus on adoption. We are engaged in comprehensive reform, but we are also doing a number of other things. For instance, we have established a programme of reform for social work, including the development of new assessment and accreditation systems for three levels of professional practice for children’s social workers in England. We have created the children’s services innovation programme and we have introduced “staying put” to allow children to remain with their former foster carers after the age of 18. We are engaged in reform across children’s services that will benefit all looked-after children.
The noble Lord, Lord Storey, asked about getting CAMHS into schools. We heard from head teachers who came to the briefing a few weeks ago that one of the benefits of multi-academy trusts is being able to recruit professionals to work across a number of schools, so we are seeing improvements in that. Alongside this, the Future in Mind report says that there will be mental health training for health professionals and others who work with children and young people, such as staff in schools, to help them to identify problems and ensure that young people get the help that they need. So it is something that is on our agenda and we are continuing to look at how we can improve that.
I hope that the explanations I have given will reassure the noble Lord that we are committed to meeting the objectives of these amendments, and that he will be feel reassured enough to withdraw his amendment.
Education and Adoption Bill
Debate between Lord Watson of Invergowrie and Baroness Evans of Bowes Park(9 years, 1 month ago)
Grand CommitteeRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Baroness Evans of Bowes Park
We think that the VAAs should be involved in early conversations about regional adoption agency design. We will issue procurement guidance for projects shortly, so it is in our minds.
Finally, the noble Lords raise important points about the proportionate use of this power. It is important to emphasise that we are committed to supporting local authorities and voluntary adoption agencies to move to regional adoption agencies voluntarily in the first instance. These powers are only backstop powers to be used for the reluctant few.
As I have already said, we are delighted that the sector has already seized the opportunity to be involved. We have announced 14 regional adoption agency projects that we are working with this year, which, as I said, will involve more than two-thirds of all voluntary adoption agencies and local authorities. In the rare cases where the power is needed, decisions will be made following extensive discussions with all those involved or affected, including voluntary agencies. Prior to making a final decision, we will write to any relevant local authority formally requesting its views on the matter. I therefore reassure noble Lords that all those involved will have the chance to comment on the proposal before a final decision is taken.
I take this opportunity to mention the role of the national Adoption Leadership Board, which meets quarterly and has a remit to drive significant improvements in the performance of the adoption system in England, and which will also have an important role to play in shaping decisions and overseeing service development. This board has already been paramount in driving forward our reform programme, and that role will continue. The board is made up of the most senior officials from key organisations in the system, including representatives both from local authorities and voluntary organisations. The Consortium of Voluntary Adoption Agencies, which represents all voluntary adoption agencies, is a key member. Board members have been appointed to represent their sector and to take responsibility for galvanising performance improvements within their respective areas. Involving the board in any decisions about regionalisation will therefore be vital. This is another indication of how we are trying to bring all parties together.
This is a practical and proportionate approach to ensuring that the powers are used appropriately and that all interested parties are involved in decision-making. In view of this, I hope that noble Lords will feel reassured enough not to press their amendments.
Lord Watson of Invergowrie
I thank the Minister for that reply, which was to a large extent warm and, I am sure, encouraging to voluntary adoption agencies. She talked of them being involved in 14 of the regional adoption agencies that are in the process of being established—that is all very well and good—but that is the start. We look some way down the road and it may not happen. What if some local authorities or some regional adoption agencies decided not to involve voluntary adoption agencies? It is quite unlikely that none would be involved, but the agencies themselves remain concerned—it is not those of us on this side of the Committee who need to be reassured, it is the voluntary adoption agencies. For whatever reason—well, the reasons I have outlined, to be frank—they are not yet confident that that is how it is going to be into the future, and it is the future that concerns them rather than the present.
The Minister did not say specifically what was wrong with Amendment 32ZA. I do not see why it cannot be added to the Bill. It would simply add nine more words and ensure that voluntary adoption agencies were fully involved. If that is the Government’s intention—and I have no reason to doubt that it is—why not just write it into the Bill on that basis? It is disappointing that the Minister is not willing to do that, because I cannot see that it would have any real effect on any other part of the adoption system.
On the annual report, the Minister talked about transparency and about the agencies being fully informed, but transparency is also important as far as Parliament is concerned. You may say that Members of this House or another place can read the reports that are made available—no doubt, they will be put in the Library—but Parliament has a right to expect that such information be made available to it. If there was a need for a debate on these issues—it would not be every year, by any means—that could take place. If I noted the Minister correctly, she said that this would not work in practice. I may have missed it, but I did not hear from her why that would be the case. Yes, it would perhaps be a little bureaucratic, but only a little bit. I think that it would have a much wider benefit, not just for parliamentarians but for the agencies involved. The Minister’s response is therefore disappointing. Perhaps the Government could further clarify why they seem resistant, particularly in respect of including voluntary adoption agencies in the Bill. I know that that is what they want for reassurance and it is what we want with this amendment. But given what the Minister has had to say, I beg leave to withdraw the amendment.
Lord Watson of Invergowrie
On that Future In Mind document, the Minister said that the chapter on vulnerable children makes specific reference to proposals for looked-after children. I do not expect her to respond now, but could she write to me pointing it out? As I said, I could find the word “adoption” used only once in that chapter.
Baroness Evans of Bowes Park
Clinical commissioning groups have been working with their local authority partners to develop local transformation plans to improve their local offer based on the recommendations. These plans, alongside additional government funding, will cover the full spectrum of mental health issues, including, crucially, addressing the needs of the most vulnerable children.
Improving assessment of and support for looked-after children will be a key priority in our programme of work. We welcome the recent report on this issue from the NSPCC, as mentioned by a number of noble Lords, and agree that getting assessment right when children enter care is critical. All looked-after children already have an annual health assessment, which must include an assessment of their emotional and mental as well as their physical health. That assessment, which informs the development of their health plan, should take account of the information provided from the strengths and difficulties questionnaire which is completed by their carer. The guidance also sets out clear expectations that all looked-after children should have targeted and dedicated support through child and adolescent mental health services and other services according to their need, arranged by CCGs, local authorities and NHS England. However, I accept the point made by the noble Earl that, for some young people with a range of problems, a follow-on referral to specialist health services is required.
The Department for Education hosted a round table last month, bringing together children’s social care and mental health stakeholders, to discuss how to improve mental health services for adopted children. As a result, we are considering how centres of excellence, possibly linked to regional adoption agencies, might enable the mental health needs of looked-after and adopted children to be better met.
At the moment, the specialist support that many adopted children need in order to address the effects of abuse and neglect in their early years is simply not available in their area, as the number of adopted children at local authority level is too low to ensure that the right provision is there. Assessment and commissioning of specialist support on a regional scale will allow providers to expand their services, provide better value for money for the taxpayer and help ensure that all adoptive families receive a consistently high quality of assessment and provision.
In addition, we are providing £4.5 million of funding this financial year to accelerate the development and implementation of regional adoption agencies. Adoption support, including mental health, is a key element of that. We are clear that regional adoption agencies must have a focus on improving the assessment of adopted children’s mental health needs and the provision of appropriate mental health support services.
Regional adoption agencies will be able to make use of the government-funded Adoption Support Fund, as the noble Earl mentioned. More than 2,000 families have already benefited from £7.5 million of therapeutic services provided by the fund for adopted children and their families. We know that getting a high-quality assessment of need is critical, and local authorities are increasingly using the fund to pay for specialist assessments and, where appropriate, specialist therapeutic support.
The noble Lord, Lord Watson, asked about harder-to-place children. We are providing £30 million to help pay the interagency fee to both local authorities and voluntary adoption agencies so that harder-to-place children might be adopted more quickly. More than 200 children have already been placed through this new scheme. On recruiting adopters for harder-to-place children, we believe that recruitment from a wider geographical base than simply a local authority, which takes into account the needs of children across a number of local authorities in a regional recruitment strategy and uses specialist techniques for recruiting adopters of harder-to-place children, will have an important effect.
The noble Lord, Lord Storey, said that schools needed expertise in supporting looked-after children and children with mental health issues. We made changes in the Children and Families Act to introduce a virtual school head for looked-after children. This measure was designed specifically to ensure that looked-after children receive the support that they need at school.
I hope that noble Lords will see from this range of initiatives the importance that this Government and the previous Government have attached to ensuring that our most vulnerable children receive the support that they need, and that we are already committed to meeting the objectives of these amendments. I hope that the noble Earl will feel reassured enough not to press them.
Education and Adoption Bill
Debate between Lord Watson of Invergowrie and Baroness Evans of Bowes Park(9 years, 1 month ago)
Grand CommitteeRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Lord Watson of Invergowrie (Lab)
My Lords, I support Amendment 15A and I agree with the sentiments espoused by the noble Baroness, Lady Sharp. It is surely sensible that a school should not be the subject of an academy order until or unless a sponsor has been identified as appropriate for that school as an academy. The alternative is for the school to be placed in a form of limbo, which as I see it cannot possibly be of any benefit to the children, parents or teachers or anyone else associated with the school. Can the Minister say, concerning the Bill, how many schools have already been designated as ready to be academised but have not yet been moved to that sector because for whatever reason it has been impossible to find an appropriate sponsor?
It is not clear what the DfE or perhaps the regional schools commissioner would do in such situations. Do they seek a local maintained school to take the failing school under its wing? Does the Minister anticipate that the suggestion made in the amendment relating to a local authority should apply in those situations? It would seem that there are good reasons why it should. I imagine that he will reject the amendment, however, so can he tell us what would happen if in these circumstances a sponsor cannot be found? I will have more to say on the question of sponsors in the sixth group, but for the moment I look forward to the Minister’s response.
Baroness Evans of Bowes Park
My Lords, I would like to respond to Amendment 15A, tabled by the noble Lord, Lord Storey, and the noble Baronesses, Lady Pinnock and Lady Sharp. This amendment concerns whether and how a regional schools commissioner would identify the most suitable sponsor for a maintained school that had failed.
Clause 7 makes it clear, as did our manifesto, that for any school judged inadequate by Ofsted an academy order must be made. The RSC will take responsibility for this, identifying the most suitable sponsor and brokering the new relationship between that sponsor and the school. RSCs are already responsible for approval of sponsors, subjecting prospective sponsors and their trusts to thorough scrutiny before they can be approved to take on sponsored academies. I assure the noble Baroness, Lady Sharp, that they consider all new sponsor applications in their region against robust and uniform criteria which are available, and they approve those which can demonstrate that they have the capacity and expertise to turn underperforming schools around. Through this rigorous assessment process, supported by the advice and challenge of their head teacher boards, RSCs ensure that prospective sponsors have a strong track record in educational improvement and financial management and that their proposed trust has high-quality leadership and appropriate governance.
RSCs are also responsible for monitoring and holding academy trusts and sponsors to account for their educational performance. They do this robustly through Ofsted inspection reports on the schools within a trust and published performance data. Trusts are also held to account for their financial management, governance and compliance by the Education Funding Agency. Information about MATs in these areas is transparent, with academy trust accounts audited and made publicly available. Where it is clear that a trust is not improving a school, the RSC will not hesitate to take action and re-broker it to a stronger trust.
As I have described, RSCs take a wealth of data and intelligence into account when identifying which sponsor should take responsibility for turning around a failed school. The tabled amendment requiring RSCs to take account of value-added performance and progress measures when identifying a sponsor for a failing maintained school is unnecessary. RSCs already look at a sponsoring school’s performance and, of course, in the future our new Progress 8 measure, by which secondary schools will be held to account, is a value-added methodology. In fact, the department has led the way in using added value to assess performance, publishing proposals on using such measures for chains and local authorities back in March.
The amendment also proposes that where there is not a sponsor of a high enough quality available, a failing school should be sponsored by a local authority maintained school or, indeed, directly by a local authority. This amendment is unnecessary because RSCs will ensure that a failing school is matched with an academy sponsor. To reassure the noble Lord, Lord Watson, RSCs have a wealth of good sponsors available already. There are 778 approved sponsors, all of have been subjected to the rigor described and the criteria I have outlined. RSCs are continually identifying and supporting additional outstanding schools in their area to become new sponsors. That is one of the benefits that RSCs have already brought to the programme.
Lord Watson of Invergowrie
I thank the Minister for the figures she has just given us but is she saying that there have not been cases where a school has been designated to be an academy but has not been able to continue because there is no sponsor? She mentioned some 700 sponsors. Are these organisations just waiting in the wings for a letter saying, “Will you take over this school?” or is this a plan for if and when this Bill is implemented? It is not clear what the figure of 700 involves.
Baroness Evans of Bowes Park
There are 778 approved sponsors and about 20% are waiting to be matched with schools. The noble Lord asked which schools may need sponsoring. The precise number will vary from year to year and will depend on Ofsted inspections and test and examination results. We anticipate that as many as 1,000 failing maintained schools could potentially become sponsored academies under the new measures.
Education and Adoption Bill
Debate between Lord Watson of Invergowrie and Baroness Evans of Bowes Park(9 years, 1 month ago)
Grand CommitteeRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Baroness Evans of Bowes Park
I hope that the noble Lord will be pleased to know that I was going to go on to say that, in view of the concerns that have been expressed, we will consider how we can ensure, through the Schools Causing Concern guidance, that parents are sufficiently aware that their child’s school has been identified as coasting. We absolutely agree that that is important. Of course parents need to know. Our feeling is that governing bodies will provide such information but, in the light of the concerns raised, we are happy to consider being a bit more explicit. I hope on that basis that the noble Lord will withdraw the amendment.
Lord Watson of Invergowrie
I am delighted to hear what the noble Baroness has said. She couched it in terms of “considering” but I await the schools guidance with interest. She said that governing bodies regularly notify parents of a number of issues. That is so but, as my noble friend Lord Hunt said, some do not, and our proposal would make the notification mandatory. If it is going to be mandatory in terms of guidance, why not put it in the Bill? I do not see any reason not to tie it down in that way.
There is the further question of what happens after the parents have been told. I was rather surprised by some of the remarks of the noble Baroness, Lady Howarth. I accept that the needs of children have to come first but most parents are very concerned about how their children are doing at school and they want education to be as beneficial to their children as possible. I do not see that the needs of the parents and the needs of the children necessarily diverge. If we could make the assumption that they were absolutely the same, that would be very positive. I accept that we cannot; none the less, we have to trust parents to some extent as well, and surely they have the right to make representations about something with which they are unhappy.
Baroness Evans of Bowes Park
My Lords, the noble Lord, Lord Watson, is right that the recruitment and retention of high-quality teachers is crucial to achieving our goal of educational excellence everywhere. As I explained at Questions yesterday—the noble Lord may dispute the figures—the number of teachers in post is at an all-time high and the number of teachers leaving the profession remains low, with around three-quarters still in the profession after five years’ service.
As the noble Baroness, Lady Sharp, rightly said, there is an overall challenge, but in some areas of the country there is a struggle to attract, recruit and retain high-quality teachers. That is why we are actively supporting schools to take a leading role in the training of new teachers and have given schools greater flexibility to attract and retain good teachers through the pay system. It is also why the Secretary of State on Tuesday announced the creation of the National Teaching Service with the aim that by 2020 it will deploy 1,500 high-performing teachers and middle leaders into underperforming schools in areas that struggle to recruit. There are already many outstanding teachers and leaders working in challenging areas, but we know that more needs to be done to help them and we are committed to giving them support.
My noble friend was clear that when we are discussing coasting schools, regional schools commissioners will consider whether the school has the capacity to secure sufficient improvement without formal intervention. In some cases, a school which falls within the coasting definition may have a new head teacher, governor or leadership team who can demonstrate that they have an effective plan to raise standards sufficiently. In these cases, the school will be left to improve.
This amendment suggests that where a school fails to ensure that pupils reach their potential because there are retention and recruitment issues at the school it should not become eligible for intervention. We feel this is counterintuitive. These are the very schools that require additional support to address those problems in order to improve outcomes for their pupils. This Bill will provide that support. We have made clear in the Schools Causing Concern guidance, on which we are currently consulting, that RSCs will take a range of contextual factors into account when looking at coasting schools. They could include looking at teacher recruitment and retention. Where this is identified as an issue, the RSC will be able to work with the new National Teaching Service to bring teachers into the school to work alongside the existing teachers to make the improvements needed. Other measures, such as encouraging schools to participate in School Direct partnerships, which allow them to train and employ high-quality new teachers, might also be appropriate.
The noble Lord, Lord Watson, raised several issues around School Direct, so I will cover some of them briefly. Completion and employment rates from teacher-led teacher training are higher than from university-led provision, but we agree that universities remain an important part. In fact, the move to school-led teacher training is helping to encourage collaboration because 70% of School Direct places are delivered by universities. As I said yesterday, a school-led system is not a university-excluded system. We want to see collaboration.
Lord Watson of Invergowrie
I welcome what the Minister has said. I am not suggesting that the two are mutually exclusive, but figures show that universities are now less certain about the number of students they will get. They are also less certain of the relationships they will have with schools. School Direct seems to be the preferred choice of the DfE. That may or may not be the right way to go, but universities need some reassurance. Why are university departments closing? Why are education student numbers at universities falling if there is not a problem as I outlined? It is not a question of either/or. Surely the two should be working together.
Baroness Evans of Bowes Park
Absolutely. We are seeing growing collaboration. The noble Lord is right that we are looking at teacher training on a year-by-year basis because we believe that schools should be at the heart of thinking about where they want to get their best training. The best universities will be extremely attractive. They are still the only organisations that can award PGCEs, which remain extremely popular. While we think that the school-led system is the way we want to go, we see that the collaboration is working within the system.
This year we hit our primary recruitment targets. We made good progress on secondary and are ahead of last year in some key subjects, such as English, maths and physics. The noble Lord also mentioned STEM subjects. Again, we want to attract the best graduates into teacher training, which is why we are looking at generous bursaries from next year, up to £30,000. We are also looking at some of the issues that teachers tell us worry them most once they are in a job, such as unnecessary work-flow and poor pupil performance, so that we can help to ensure that when teachers are in the profession, they stay in it. Again, teacher retention remains good and has remained pretty stable for the past two decades.
I hope that the House realises that we take the issue of recruitment and retention very seriously. As the Minister has already said, high-quality teachers are absolutely crucial, and the impact that they can make on young people is huge—so we take this seriously, and we believe that we are already taking steps to support schools when this impacts on the progress that pupils make. I therefore ask the noble Lord to withdraw his amendment.
Lord Watson of Invergowrie
I thank the Minister for her remarks. I certainly welcome the fact that she has acknowledged the importance of teachers and underlined that they are key to future development of education and to raising standards. There is no point in bandying figures back and forth, because I suppose that she will cherry pick figures that suit her. I hope that I am not doing the same, but it has been quite widely reported that 50,000 teachers left the profession in the last year, which is the highest ever level. She said that the figures were down, so there is something not right there. To me, that is the most worrying statistic, because it means not that all teachers are reaching 60, or whatever age at which they choose to retire, but that they are leaving the profession because, for some reason or other, it is not giving them what they want, or they feel that they cannot put in what they want to improve children’s education. That is a very worrying statistic. The Minister said that primary recruitment targets have been met this year. That is obviously to be welcomed but there are, understandably, greater challenges in secondary schools, which must be pursued.
If I caught the Minister’s remarks correctly, she said that the amendment suggested that schools should not be eligible for coasting until teacher recruitment and retention was a problem. That is not what I said and it is not what the amendment said, and I certainly did not mean to say it, if I did. Attention should be given to the whole teacher recruitment question, and that was the whole point of the amendment. She will understand that, as with most amendments in Grand Committee, it is a probing amendment, and I wanted to get these issues discussed and on the record. I am pleased that we have been able to do that.
The Minister said that the regional schools commissioner would take into account contextual factors when considering whether schools should be designated as coasting. She said that that could include teacher recruitment and retention—but why would that not automatically include those things?
Baroness Evans of Bowes Park
Through the metric that we have discussed, when a school would be considered to be coasting, teacher recruitment and retention would be taken into account—it is about what intervention may be needed in terms of what support the schools may need when they have been identified as coasting through the measures that we have discussed. It may well mean additional support—and we have talked about the National Teaching Service coming in and helping with high-quality teachers. So it is about bringing that to bear, as to how best to help the school improve.
Lord Watson of Invergowrie
I think that we have covered the issues that I hoped we would cover. With that in mind, I beg leave to withdraw the amendment.
Baroness Evans of Bowes Park
My Lords, I shall speak to Amendment 13 and warning notice appeals. The Bill proposes that the governing body of an underperforming school should no longer be able to make representations to Ofsted about being given a warning notice. The amendment would restore an appeal route, although not the same route. The amendment would require the Secretary of State to make regulations that would allow a school to have a warning notice reviewed, or allow it to appeal to the First-tier Tribunal, which could then revoke the notice.
The amendment would not preclude the local authority or regional schools commissioner from issuing a revised notice to that school, but we believe that it oversteps the mark and builds into the process delays and arguments that are a distraction from the important business of getting the school to improve. Indeed, appeals to the First-tier Tribunal would lead to the clock stopping and months of delay ensuing while all avenues for appeal are exhausted. During this time, children will be in a school that is causing serious concern and they will not be given the education that they deserve.
To clarify, any complaints about the decision made by a regional schools commissioner may be directed to the schools commissioner. If a formal complaint is lodged, it will be dealt with in accordance with the department’s formal complaints procedure, which involves an independent officer, an official, investigating the complaint and making a recommendation. One formal complaint about a regional schools commissioner’s decision has been made so far and has been considered but no evidence was found to uphold it. Ultimately, the process for appealing a decision made by a regional schools commissioner is to apply for judicial review via the courts.
The noble Lord, Lord Watson, referred to warning notices. Our figures indicate that we have issued 112 formal notices to underperforming institutions. Ninety- eight of these were issued to academies associated with 53 individual sponsors. We have also changed sponsor arrangements for 100 academies and free schools where there has been underperformance.
Lord Watson of Invergowrie
What period does that cover? Is it just since the regional schools commissioners were established or does it go back to 2010?
Baroness Evans of Bowes Park
It is since the academies came in, so it applies to a wider period than since the regional schools commissioners have been in place. I reassure the House that we believe the process as set out in the Bill is fair and reasonable and that there are appropriate safeguards built in where schools have concerns. Regional schools commissioners and local authorities already have to act reasonably in carrying out their functions on behalf of the Secretary of State. The revised Schools Causing Concern guidance, on which we are currently consulting and seeking views, also sets out clear processes and expectations for the giving of warning notices. This is guidance which local authorities and regional schools commissioners will follow. The Bill requires the local authority to notify the regional schools commissioner if it issues a warning notice and vice versa. Regional Schools Commissioners can therefore already review a local authority’s warning notice and, if they believe that it is not appropriate, they can issue their own that would render the local authority’s notice redundant.
Although I understand the sentiments behind the amendment, it builds in additional process in primary legislation which is unnecessary and time-consuming and is not helpful in supporting schools to improve in the best interests of children. In the light of this, I urge the noble Lord to withdraw their amendment.
Lord Watson of Invergowrie
If this is all just a distraction, will the Minister tell me what she thinks the role of school governors is?
Baroness Evans of Bowes Park
Obviously, the role of school governors is to hold head teachers to account to ensure that the school is providing the high-quality education that they are looking for. They have an oversight role and have to be involved in the school by going to visit and making sure that they know what is going on.
Lord Watson of Invergowrie
But do they have no right to comment in situations where warning notices are being issued? This seems to me to be saying that they have no meaningful role, as it is being taken away from them. Surely that cannot be a positive step.
Baroness Evans of Bowes Park
No, as I said, any complaints about a decision made by the regional schools commissioner can be directed to the schools commissioner. If a formal complaint is lodged, it will be dealt with through the process that is in place. Ultimately, the end process is judicial review.
Lord Watson of Invergowrie
I noted the noble Baroness’s remarks that delays and arguments are a distraction to the process of bringing about change in a school. The whole underlying ethos of the Government’s approach to the Bill is that people who might not agree with the proposal are simply to be sidelined. They are to be silenced—gagged—and to have no input, because they might delay the process. I do not think anybody has said anything other than that change needs to be brought about as quickly as possible. But at the same time the Government must consider the fact that some people have different views from those they may have. Those views should be considered.
The Government do not have, despite their victory on 7 May, the right to ride roughshod over people’s views, particularly those of local people, on such important issues. It does not serve the Government’s case to suggest simply that complaints can be made to the regional schools commissioner or the schools commissioner, or through judicial review. Yes, of course judicial review is open to anyone anyway in any situation, but that is not the point. This is a specific proposal that relates to the role of a school’s governing body, which is being taken away from that body. As I said earlier, it is difficult to see why anybody would want to be a school governor, because they are being disfranchised and disempowered, and basically being told that what they say does not matter. I am disappointed that neither Minister is willing to consider this. We may return to this issue on Report, but at this stage I beg leave to withdraw the amendment.
School Journeys by Car
Debate between Lord Watson of Invergowrie and Baroness Evans of Bowes Park
Lord Watson of Invergowrie (Lab)
My Lords, more than 70% of parents walked to school when they were children, but now fewer than 50% of children walk to school on a daily basis. Will the Minister say what recommendation she will feed into the spending review to ensure that there are adequate resources for the Government’s cycling and walking investment strategy, so as to encourage more children to walk to school?
Baroness Evans of Bowes Park
I welcome the noble Lord to his position. I assure him that we are focusing on this. In fact, the number of children in England who now walk to school is at a high level—it has risen over the last three years. As I said, a number of government schemes are available to help local authorities. It is also worth remembering that over the last three years local authorities have spent around £1 billion on transport in this area. It is something that they take seriously, despite facing a difficult economic climate.