Education: Black British Students

Debate between Baroness Benjamin and Lord Nash

Tuesday 8th April 2014 Lords Chamber

[Baroness Benjamin]

To ask Her Majesty’s Government what steps they are taking to raise the academic attainment levels of black British students, and especially those of Caribbean descent.

[The Parliamentary Under-Secretary of State for Schools (Lord Nash) (Con)]

My Lords, the Government aim to improve education for all and our policies to achieve this are working. Attainment for black pupils is increasing strongly while performance gaps have closed and are narrowing substantially. In the past five years, we have seen a 17% increase in black Caribbean pupils attaining five GCSEs, including English and maths; it has gone up from 36% to 53%. For black African pupils the achievement rate now stands at 61.2%, which is above the national average of 60.6%.

[Baroness Benjamin (LD)]

My Lords, students of Caribbean heritage are at the very bottom of the attainment league table. Chinese and Indian students are at the top yet they are always lumped together as if they are one group, giving the impression that ethnic minority students are outperforming white students. Can my noble friend the Minister tell the House what is being done to ensure that Caribbean-heritage students are attaining the Government’s GCSE benchmark and going on to further and higher education? How is the Education Endowment Foundation being encouraged to use its substantial government funds to address this problem?

[Lord Nash]

I assure my noble friend that we publish detailed attainment data by specific ethnic category and that schools and Ofsted study their internal data on this carefully to ensure that all pupils are making good progress. Sponsored academies have substantially higher intakes of black pupils than the rest of the state sector, and those pupils are significantly outperforming pupils from similar backgrounds in maintained schools. Sponsored secondary academies have 79% more black Caribbean pupils and are increasing their performance at double that of other state schools, while sponsored primary academies have 38% more black Caribbean pupils and are increasing their performance at three times that of other state schools. Disadvantaged black Caribbean pupils are also outperforming the disadvantaged group as a whole: 45% are achieving the GCSE measure compared to the national average of 41%, while it is 33% for white disadvantaged pupils. Through the pupil premium we are providing £2.5 billion this year, which will benefit more than half of black pupils, while the EEF is funding a number of projects including an increasing pupil motivation project to help black pupils.

Children: Racist and Islamophobic Bullying

Debate between Baroness Benjamin and Lord Nash

Wednesday 29th January 2014 Lords Chamber

[Lord Nash]

The noble Baroness is extremely experienced in these matters. Ofsted does look specifically at all types of bullying—cyberbullying and race and religion-related bullying—and in its inspectors’ handbook it says that they will look at the,

“types, rates and patterns of bullying”,

and at the school’s effectiveness in dealing with them. The noble Baroness raises a very good point on peer groups which I will undertake to discuss with Ofsted.

[Baroness Benjamin (LD)]

My Lords, I was a victim of racial abuse so I personally know the distress and trauma it can cause. Some children react very violently when they are racially abused at school and find themselves excluded, which is even more traumatic—they have long-term complications and implications because of it. Can my noble friend tell the House what sort of counselling and support victims of racial abuse receive from their schools?

[Lord Nash]

I am very sorry to hear of the distress that my noble friend suffered when she was at school. School staff should support all pupils and the nature of that support will depend on the circumstances. It may well be that the staff can support the victim adequately but otherwise the school can involve a specialist charity or organisation which can provide counselling or mentoring, such as Kidscape or Beat Bullying, which my department funds, or Place2Be, a very good counselling charity.

Children and Families Bill

Debate between Baroness Benjamin and Lord Nash

Tuesday 28th January 2014 Lords Chamber

[Lord Nash]

My Lords, I shall speak to Amendments 57A, 64A and 65C, which deal with child performance licensing. I thank my noble friend Lady Benjamin for raising this issue in Grand Committee and for pressing it with such conviction. Her passion and commitment to support children to participate in the creative arts is inspirational. Before Christmas I had the great pleasure of a meeting with my noble friend Lady Benjamin and representatives of the Producers Alliance for Cinema and Television. We discussed how to remove barriers that restrict children’s opportunities, without diminishing the important safeguards currently in place for child performers. Many children grow up to have careers in our cultural industries, which are of real economic significance, and are recognised and admired throughout the world. Some children simply enjoy performing and they want to have fun. Taking part in a performance can increase their confidence and help them develop transferable skills, such as teamwork and communication.

We all agree that children must be able to access performance opportunities and should not be prevented from doing so by outdated rules or excessive red tape. It is essential that those who put on performances with children take steps to keep them safe and ensure their well-being. We all know that paperwork does not protect children. We must refocus the performance licensing system on its true purpose, which is to safeguard children in performances, not stifle their opportunities.

I am pleased to say that we have found a way forward and we plan several actions to improve the system. First, Amendment 57A will insert a new clause in the Bill to repeal Section 38 of the Children and Young Persons Act 1963. That repeal would remove restrictions on the circumstances in which a local authority can issue a performance licence to a child under the age of 14. Currently, a local authority can issue a licence to a child under the age of 14 only where the licence is for acting or dancing in a ballet and the part can be taken only by a child, or where the nature of the child’s part is wholly or mainly musical and either the nature of the overall performance is also wholly or mainly musical or the performance consists only of opera and ballet. Amendments 64A and 65C are consequential amendments relating to the commencement, and the extent, of the repeal.

Outside the Bill, we are taking forward changes to the regulations. We will remove the requirement for medical certificates; remove unnecessary restrictions on the types of activities that children can do each day; and streamline and align the hours that children can take part in different types of performance so that there is consistency between them. In addition to the changes we plan to make to legislation, work is in hand to improve consistency of approach in local administration of child performance licensing. The Department for Education is working with a range of partners, including the local authority sector, professional and amateur theatre groups, the broadcasting sector and casting agencies, to support the development of best practice guidance. We are also working with the Local Government Association to ensure that this work will have resonance and applicability across the local authority licensing sector.

We believe that the combination of actions we are taking will make a huge difference, while ensuring that we get the balance right between increasing opportunities for children and protecting them from undue risks. Our actions should lead to increased opportunities for children to take part in performances, without reducing important protections to keep them safe when they do. I hope that noble Lords will be pleased with our plans and proposed amendments, and the positive impact that they will have for young people. I beg to move.

[Baroness Benjamin (LD)]

My Lords, I thank my noble friend the Minister from the bottom of my heart for inserting these new clauses in the Bill, as they are a positive move forward. They will not only improve child protection but also provide equal opportunities for children across the country through primary legislation, and enable them to take part in all aspects of the new media environment they now live in. They will also address any postcode lottery issues, which will be welcomed by children who in the past were subjected to rejection and disappointment through no fault of their own, but at the whim of local authorities and outdated regulations.

The amendment also deals with the complex restrictions in the hours that children can perform, which is also most welcome, as it will create a level playing field. Yes, this is truly great news. It is very positive that the Government will revisit a number of other conditions through secondary legislation, and to learn that my amendments not adopted in the Bill will be dealt with under best practice through guidance for local authorities currently being developed by the GLA. However, I would like to emphasise to the Minister that PACT and the industry coalition I have been working with are open to working further with the Government on improving the approach to risk assessment by local authorities, to make the approach more consistent across the UK, and I hope this offer will be taken up.

All in all, broadcasters, producers, theatres and those across the creative industries will be delighted with these amendments. On their behalf, and on behalf of all those working with and employing children, I would once again like to thank the Minister and his team for all their hard work, commitment and consideration. I am also grateful to all the noble Lords who have supported me on these amendments. It shows how this House, no matter how late the hour, can work together to achieve progress, and how we can make a positive difference to the lives of others, so thank you.

Children and Families Bill

Debate between Baroness Benjamin and Lord Nash

Wednesday 20th November 2013 Grand Committee

[Lord Nash]

My Lords, I thank my noble friend Lady Benjamin and all other noble Lords who spoke in this important debate. My noble friend Lady Benjamin makes a heartfelt case for updating the law in this area. Her long involvement with the performing arts and her work with children make her extremely well qualified to speak on these matters—as of course is my noble friend Lord Colville.

The achievements of the UK broadcasting sector and the importance of the creative arts to our economy cannot be overestimated. Our cultural industries are recognised throughout the world for their groundbreaking innovation and their wealth of creative talent. We are proud of that, and we should continue to support them to grow and achieve. We must nurture our young talent. The child performance licensing system was designed to allow children to take part in performances and, importantly, to ensure that arrangements are in place to protect them when they do. The broad framework has done that effectively and continues to do so. This is also something to be proud of.

The system was designed in an age when broadcasting was in its infancy. New forms of media that are commonplace today were unheard of then. Our attitudes to children and to art have also moved with the times. However, some aspects of the licensing framework clearly have not. That is why, last year, the Government consulted on proposals for change. The consultation highlighted a number of problems. Some problems certainly stem from different local approaches to administration, as noble Lords have said. I welcome Councillor Simmonds’s leadership in tackling this. I recognise his concerns, and I am pleased that the Local Government Association plans to promote best practice to achieve greater consistency and reduce bureaucracy in this area.

We want to see more use of the flexibilities that already exist, especially when children perform in a non-professional capacity. More amateur groups and charities with a good track record for safeguarding should be approved to involve children in performances without the need for extra paperwork. Paperwork does not protect children.

Problems clearly exist in the system, but responses to our consultation were split on some key proposals. We do not agree the case for wholesale legislative change at this time. It is important that we get the balance right between increasing opportunities for children and protecting them from undue risk. We do not intend to take any action that could reduce the protections that are in place for child performers.

I recognise, however, that there are a small number of legal provisions that currently prevent children from taking up opportunities, for no good reason. We heard recently from the Royal Opera House about how an anomaly in the regulations meant it could not screen a ballet performance to a worldwide audience, or even to the home town of a very talented young dancer. The well-being of children is paramount, but there should not be unnecessary barriers to their taking part in performance arts, or to the airing of their talents.

I listened carefully to what my noble friend Lady Benjamin said tonight and at Second Reading, and to what other noble Lords said, and I am delighted that I shall meet her tomorrow. I look forward to that. We will explore what might be done to remove barriers without unpicking any of the important safeguards, and we are keen to be as helpful as possible. I therefore urge my noble friend Lady Benjamin to withdraw her amendment.

As this is the last debate in Committee, I take this opportunity to thank all noble Lords—those here this evening and those who have attended previous sittings—for their constructive, insightful and expert contributions to our Committee debates on the Bill. I also thank on behalf of us all the chairs, clerks and Hansard for staying on tonight.

This has been a most thorough and comprehensive scrutiny of the Bill. I and my noble friends Lady Northover, Lord McNally, Lord Attlee, Lord Howe and Lord Younger have learnt a great deal from noble Lords. We have a number of meetings already arranged, and I look forward to speaking to noble Lords here today and to many others about the issues that we have debated. I am committed to ensuring that those discussions move forward constructively so that we can resolve many of the issues that we have discussed ahead of Report.

[Baroness Benjamin]

I thank my noble friend for that response. I think that there is some sort of encouragement there. I cannot quite read the signs, but I hope that when we meet tomorrow I will get something perhaps a bit more constructive and concrete from him.

I am very grateful to all noble Lords who put their names to these amendments—it means so much to me—and to those who spoke so eloquently at this late hour. It is much appreciated. All noble Lords pointed out that the amendments represent an important step-change in addressing inequality as well as ensuring that there are provisions in place for strong safeguards and protection for all children who wish to perform and take part in any aspect of today’s vast media environment. I am encouraged to hear that the Minister will give guidance and recommendations to local authorities on how to have concise, coherent and consistent guidelines. That is wonderful. I strongly believe that we need to go further. I appreciate that using this Bill to solve the problem of children’s performance regulations might not be possible, but this is an important issue that ultimately will need more permanent change to the current outdated legislation.

I will say something now that I will probably say tomorrow—but I want to say it publicly. I intend to bring a Private Member’s Bill at an appropriate point to deal with child performance regulation, bringing it into the 21st century, to cover the range of concerns that those in the industry have with the existing Act. Will the Minister be able to give me a reassurance that the Government will give strong consideration and support to such a Bill if that were the case?

[Lord Nash]

I will not give my noble friend that assurance now, but perhaps we can discuss it tomorrow.

Children and Families Bill

Debate between Baroness Benjamin and Lord Nash

Wednesday 23rd October 2013 Grand Committee

[Lord Nash]

I am grateful for the noble Baroness’s intervention. I shall take away all the points that have been made today and consider them further, including, I hope, understanding more clearly the point that the noble Baroness made. The Bill defines a learning difficulty or disability as significantly greater difficulty in learning than the majority of others of the same age, or a disability that prevents or hinders a child or young person from making use of facilities. This means that the majority of disabled children also have special educational needs, and we have seen from the pathfinders that they have taken a broad view of the definition in shaping their local offers and joint commissioning arrangements.

In addition to the SEN framework, there is other important legislation that protects disabled children and young people. The Equality Act 2010 makes it clear that all education providers and commissioners must make sure that reasonable adjustments are made for those with disabilities, including providing auxiliary aids and services such as specialised computer programmes, hoists and sign language interpreters. Parents can legitimately complain if education providers fail to deliver those adjustments.

Equally, in the health system there are legal protections. Section 3 of the NHS Act 2006 gives CCGs a statutory duty to provide health services to meet the reasonable needs of a child with a complex health need. Section 17 of the Children Act 1989 gives local authorities a general duty to safeguard and promote the welfare of children in need in their area. Together, therefore, the provisions in the Bill and existing legislative arrangements provide important protections and support for disabled children and their families.

Before amending the Bill, we need to understand which children might not be supported by these provisions and how changing the Bill would help them. I turn to health conditions and my amendment. A number of the amendments in this group—those tabled by the noble Lords, Lord Low, Lord Storey and Lord Kennedy, and the noble Baroness, Lady Howarth—concern children with long-term health conditions. I agree that children and young people with medical needs should not miss out on a full education simply because they have a medical condition. They should not be prevented from active participation in wider school activities that are so vital to their academic attainment and social well-being.

I have heard the evidence that suggests that current arrangements do not always work as they should. That evidence included a meeting with the noble Baroness, Lady Young, and the case made very powerfully by two young people, Beth and Max, whom she brought to see me. I find it appalling that some schools fail their pupils in such a fundamental way. While it remains the case that most schools manage this issue well, and it is important to acknowledge that, it would be wrong to ignore the instances of poor practice. Where there is poor practice, pupils can be placed at disadvantage or risk simply because they are not receiving the right support for their health needs.

Noble Lords will have heard me say on many occasions that this Government trust teachers and head teachers to run their schools and to adjust their provisions for the particular circumstances of their pupils. We believe that this applies to provisions such as PSHE and careers; all good schools should have an active programme on these matters, but they must be free to adjust to the local needs of their particular pupils. However, in the case of medical conditions, this is not a question of subjectivity. When a pupil has an epileptic seizure, there is a clear procedure that needs to be followed; it is not a question of interpretation. At certain times, a diabetic child will need more insulin or more glucose—it is as simple as that, and there is no scope for subjectivity. The same will apply to asthmatic pupils.

That is why I have tabled an amendment giving schools a new duty to make arrangements for supporting pupils with medical conditions and to have regard to statutory guidance when meeting the duty. I do not do that lightly; I am aware that many other duties could be placed on schools. However, ensuring that children who already have medical issues are not placed at further risk seems to me to be extremely important and obvious. This builds on the commitment made in the other place by my honourable friend the Minister for Children and Families to revise and reissue the managing medicines guidance for schools later this year, and I thank all noble Lords who have spoken in support of this amendment.

[Baroness Benjamin]

My Lords, will children with sickle cell disorder also be included? The Minister did not mention them in the list that he just gave.

[Lord Nash]

I reassure the noble Baroness that the amendment is not just about managing medicines but is about supporting pupils with medical conditions. We do not plan to set out a long list of particular medical conditions but I believe that we intend to cover her concerns in the regulations. I shall go on to explain how we might do that.

I am pleased to hear that news of the new duty has been warmly received by stakeholders. Unison has welcomed the guidance and what it will mean for its members. The Council for Disabled Children has said that this should ensure that the,

“needs of children with medical conditions … are fully met in school, enabling them to achieve the best possible health and education outcomes”.

Diabetes UK has described the duty as a “major step” to help to ensure that children with long-term medical conditions receive the support that they need at school. Those are just three among many stakeholders who have offered their assistance with developing the guidance, and signals strong commitment and determination to deliver guidance that will make a real difference.

The noble Baroness, Lady Howe, and others asked for assurance that we will really make this work. I have therefore asked officials to work with noble Lords who are interested, the Health Conditions in Schools Alliance and other partners, including unions, the Council for Disabled Children and the Department of Health, on the content of that guidance. I hope to be able to report on progress before Report. I note the point that the noble Lord, Lord Northbourne, made in this regard.

Early discussions have already taken place with members of the alliance and other stakeholders, focused specifically on the content of the guidance. We are fully aware of the need for the guidance to cover issues such as the role of school policies and the appropriate use of individual healthcare plans. Other key issues that we would expect to see covered in the guidance include staff training, co-operative working with healthcare and other professionals, and working with parents in the best interests of their children. In addition, we would expect that the guidance will signpost to good-practice case studies and other useful information relevant to specific medical conditions.

I assure the Committee that, in my view, advice from our stakeholders will be invaluable in ensuring that we get the content of the guidance right. Their help will be critical in enabling us to produce guidance that is accepted by schools and that is effective in helping them to support pupils with medical conditions.

Children and Families Bill

Debate between Baroness Benjamin and Lord Nash

Wednesday 9th October 2013 Grand Committee

[Baroness Benjamin (LD)]

My Lords, I support the amendment. Living in Britain as a culturally diverse person can be very challenging and you need to be well prepared to face the challenges and adversities, which can be never-ending, even if you are living with your birth family. When you are different, you have to be confident about who you are as a person.

Since I spoke about this issue at Second Reading, I have been contacted by those who are for and against my stance that “due consideration” of a child’s religious persuasion, racial origin and cultural background when being placed for adoption should not be removed but should be included as an important part of the Bill.

We all agree that adoption between races adds another invaluable dimension to the adoption experience which cannot be ignored, because living in a loving family is priceless. However, the evidence points to ethnic background being a significant factor which cannot be ignored, and this has been said to me over the past few months by both children and adults who have been adopted. That is why I believe that social workers need to ensure that prospective carers can respond positively to the ethnic background of the child and consider what implications this may have as they grow up, especially during their adolescence, reflecting on their identity and heritage.

The British-Chinese adoption study by the British Association for Adoption and Fostering in 2012 found that this was an important consideration among young Chinese people who were placed with families with whom they could not identify, unlike the story that my noble friend has just told about the little girl whom her family has adopted. If a child experiences racism or rejection because of their religion or culture, they may feel isolated and not able to share this with anyone within the family. Being visibly different from family members can also result in a sense of feeling as though you do not belong, along with a loss of confidence, which I mentioned earlier.

I know that the Government recognise this as an important factor, but I believe that we are in dangerous territory if we remove consideration of it altogether from legislation. Do we really understand what the impact of these changes would be? Do we really understand what would happen and the message that we would be sending out? Nothing that has been said to me can convince me that such consideration by a court or adoption agency when coming to a decision relating to the adoption of a child is not important. Social workers need to be sensitive to this factor and to work with parents, who need to be able to understand the identity of the child they are adopting. This should not be a stand-alone but should be included in the child’s welfare checklist along with religion, culture and language, as so passionately put by the noble and learned Baroness, Lady Butler-Sloss, and as recommended by the House of Lords Select Committee on Adoption Legislation. It should not be the be all and end all, and nor should all the emphasis be placed on it, but it should be considered.

Equally important is the need to encourage more diverse families to become adoptive parents. That is not something that many people from diverse backgrounds consider, but there are ways in which we can make people realise that they can play an important part in our community.

We also need to improve the long-term stability for culturally diverse children by helping to boost permanence for these children beyond adoption, and the consideration of kinship care and long-term foster care. That is why I believe that everyone needs to support this amendment, for the sake of the well-being of the children whom I speak about who feel that they want to be part of this society and feel as if they belong.

[Lord Nash]

My Lords, a number of moving contributions have been made to this debate, particularly by my noble friends Lady Perry and Lady Walmsley. I know that we are all trying to find the right way forward in a difficult area. The noble and learned Baroness, Lady Butler-Sloss, is vastly experienced in these matters, and I hesitate to gainsay her. The noble Baroness, Lady Young, asked for some evidence. I would like to provide some, underline what is behind the Government’s position and reaffirm that my department’s main aim is to ensure that all children, whatever their background or race, achieve the best start in life.

The Government’s concerns about this can best be summed up in the simple equation that once they have entered the care system, white children are three times as likely to be adopted as black children who have entered the system. Some 6% of white children in care are adopted while 2% of black children are adopted. This is a fact.

Children: Adult Material Online

Debate between Baroness Benjamin and Lord Nash

Wednesday 19th June 2013 Lords Chamber

[Baroness Benjamin]

To ask Her Majesty’s Government what plans they have to protect children from easily accessing pornography and other adult material online.

[The Parliamentary Under-Secretary of State for Schools (Lord Nash)]

My Lords, through the UK Council for Child Internet Safety, jointly chaired by three government Ministers, the Government have gained commitment from the five main internet service providers actively to encourage new and existing customers to switch on parental internet controls if children are in the household. Public wifi providers are now filtering pornography in public places, and there is work under way with device manufacturers and retailers to encourage greater availability of parental controls.

[Baroness Benjamin]

I thank my noble friend for his Answer. Unfortunately there are many vulnerable children without parents, or who have uninterested parents, so no amount of awareness education will do anything for these kids. Many are already re-enacting pornographic behaviour on other children, as highlighted by the NSPCC. So will the Minister tell the House, as the service providers are working on filtering for new customers, why the Government do not insist that they offer filtering for their existing customers, and block porn and adult material by default as part of the solution to protect all children before they end up in a moral wasteland?

[Lord Nash]

We have asked the ISPs actively to encourage people to switch on parental controls if there are children in the household, whether they are new or existing customers. The ISPs regularly contact existing customers through e-mails and on their bills. We also want the ISPs to put in place measures to check that the person setting up the parental controls is over the age of 18. The five main domestic ISPs, which cover 90% of households in the UK, have committed to ensure that these measures are in place for existing as well as new customers by the end of this year.

Children: Care

Debate between Baroness Benjamin and Lord Nash

Wednesday 13th March 2013 Lords Chamber

[Lord Nash]

My Lords, our consultation on adult/child ratios will continue until 25 March. We should not pre-empt its outcome. The changes that we have proposed to the ratios are not obligatory. Providers will be under no obligation to change the way in which they operate. Our proposals are about giving freedom to high-quality providers to use their professional judgment to decide for themselves how to deploy their staff to best meet the needs of the children for whom they care.

[Baroness Benjamin]

My Lords, from September, 20% of two year-olds—those from the poorest backgrounds—will become eligible for free early-years education for the first time, which will be so important for their brain development. How will the Government make sure that there are enough new, high-quality nursery places to take those extra children, and enough early-years workers, who will be responsible for their emotional, social and language development as well as their safety?

[Lord Nash]

We are doing a great deal of work with local authorities and other providers to ensure that these spaces are available. The department is allocating funding to local authorities at an average hourly rate of £5.09 for statutory two year-old places. This is a competitive rate that will encourage providers to deliver the places. We know that private and voluntary-sector providers and childminders are already delivering more places for two year-olds, paid for by local authorities. The proposals set out in More Great Childcare will encourage investment in better-qualified staff and in their training, so that more two year-olds can be cared for by professionals who are well equipped to help them develop, learn and prepare for school.