Education Bill

Baroness Brinton Excerpts

Thursday 30th June 2011 Grand Committee

[Lord Sutherland of Houndwood]

My Lords, we are in difficult and delicate territory. We accepted that when we discussed related points on Tuesday. However, there is a need to lean in the other direction and expose the argument. My focus is particularly on the question of having another witness available. I realise and accept that being searched by someone of a different sex is a more complex matter, and maybe we need to differentiate these two.

I make the point about whether another witness is necessary by quoting what my noble friend Lady Perry said on Tuesday. “There are crisis incidents” she said, and:

“At that point, a teacher has to take action”.—[Official Report, 28/6/11; col. GC 230.]

I am concerned about the parent who discovers that their child has been injured at school when perhaps an intervention would have made a difference.

This is a difficult point to make, but the issue in principle that we touched on and now face full on today is whether the legislation should preclude the possibility of a teacher exercising judgment. We all have the respect for teachers that we properly should have and we have insisted on the need for professional training and back-up. That is why the training has to be school-wide, not just for a specialist teacher who does this kind of thing. However, can we not leave room in the legislation for crisis incidents and for the exercise of good professional judgment by a teacher in a situation in which we hope none will be tested?

[Baroness Brinton]

My Lords, I want to argue against the comments of the noble Lord, Lord Sutherland. One of the benefits of having someone else to act as a witness to a search is that there is a cooling-off period in a crisis when things could calm down; immediate intervention might well escalate the crisis.

My second point, which has not been made so far on this group of amendments, is that there has rightly been much concern about opposite-sex searching. Frankly, there are also issues about same-sex searching because, sadly, there are allegations against staff of homosexual acts, and there might be some incidents, again sadly, of same-sex abuse. I know that is very rare, but that is why we need to have a witness. You can then start to ensure that, first, the situation is de-escalated if it is rising rapidly, and, secondly, with a witness you can balance that with the safeguard of both the child and the member of staff.

[Viscount Eccles]

My Lords, not for the first time I find myself welcoming the comments of the noble Lord, Lord Sutherland. I might have this wrong, but the provision seems to be designed entirely to deal with a crisis. Of course, if we think there will never be a crisis, we do not need this section. I say that because paragraph (a) of new Section 6A in Clause 2(3)(c) states:

“the person carrying out the search reasonably believes that there is a risk that serious harm will be caused to a person if the search is not carried out as a matter of urgency”.

That must mean that the person who thinks they have to search is faced with someone in the room making an absolutely open threat, either to the person who might do the searching or to someone else in the room.

Paragraph (b) of new Section 6A says that the condition is satisfied if,

“in the time available it is not reasonably practicable for the search to be carried out by a person of the same sex as P or in the presence of another member of staff”.

I feel strongly that that is meant entirely as a back-up power to deal with a crisis that could not have been foreseen. In considering whether this provision should be in the Bill, that is how we should look at it. We should in no way confuse it with the wider issue of the powers to search.

--- Later in debate ---

[Baroness Morris of Yardley]

My Lords, I am not sure that I shall be able to add too much that is new to the debate, but this is an important issue and I am hoping that weight of numbers will affect the way that the Government respond to it. There will be a bit of repetition on my part but perhaps also one or two new points.

I genuinely think that this is one of the most important debates that we have had so far on the Bill. I have a feeling that, if this measure goes ahead, the tide will be turned back and it will be very difficult to reclaim the progress that has been made. The subject was excellently introduced by the noble Lord, Lord Laming, and no one is more experienced than him in understanding co-operation. In some ways, the education service has been on a long journey in getting to this point, having put into law a duty of co-operation. I wonder how far the Minister and his department have reflected on that journey. If he had done so, I do not think that he would have come to the conclusion that he has. First, there is a litany of children’s cases where, if only we had known the background, we could have made a difference.

Going back in time, it was clear that the education system did not need to co-operate with everything else. Children were born into and brought up in communities where there was natural communication. There were no social workers, health workers or even classroom assistants and so on; the people in the community looked after the needs of the children. Back then, children very often flourished because their lives were not separated into the needs of many professionals. However, we do not live like that any more. The education and school service is a specialised service in many ways, and long may that be the case because it performs at a far higher level. To be honest, I think that we have spent the past 30 years trying to remake connections that used to be there naturally, and that has been a real problem for schools. They are being asked to focus on education. I look back to the early days of the previous Government, when schools were under a lot of pressure not to act as social workers or counsellors and not to make excuses but to focus on education, and that was right as well.

Over the past 15 years, we have been on a long journey in which schools have focused on educational standards for everybody. I think that teachers have always known it but government came to realise that you cannot deliver on standards unless you look at the development of the rest of the child. When I started teaching in the 1970s, those of us in the education system were too much like social workers and standards came off the agenda. Then, at the end of the 1990s, we focused only on standards, and children fell through the cracks because their wider well-being was not catered for. This proposed new clause has again found the right connection.

I am not saying that it worked brilliantly in the past but it is a very clear statement in law that our society understands that, for children to achieve and flourish, adults have to talk to each other, because children’s lives are not compartmentalised. It is as simple as that. Sometimes we cannot structure services for children in a way that reflects the people whom they are. It might sound bureaucratic, but I genuinely think that this amendment is an honest chance and an honest wish to reconnect bureaucracies—in the best sense of the word—to meet the lives of children.

Would the Minister ever tolerate or approve of schools not co-operating with local authorities or other organisations? Can it ever be right that a school says, “I am exercising my right not to co-operate with someone else who affects the life of a child whom I teach”? I cannot see that it is. It is obvious that everyone will do things without being told to, but we are not there yet. A Minister in 50 years’ time might be able to say that such co-operation happened naturally and was so much embedded in the way schools worked that we no longer needed to have this in the Bill, but honestly we are not there yet.

The sad thing is that some schools that have the most difficult of times, because they have really challenging children with so many barriers to learning, given half the chance will not comply because they have other things to do. It will not be because they are lazy or do not care or think that is it is unimportant but because, in the words of the Government, it is a burden lifted from their backs. In a way, it is those people who have the most need to co-operate.

There are simple reasons why this is the right thing to do. It is good practice. Secondly, it is not yet embedded good practice. Thirdly, I sense in much that has been said over the past year that teachers need to focus on education and standards. Even if that is the reason, they need to talk to other people and help remove the barriers to children's learning. I very much hope that the Minister will take the opportunity to explain the thinking but then to take time to see whether this problem that he is creating can be avoided.

[Baroness Brinton]

I also support the comments made by the noble Lord, Lord Laming. I confess that in the mid to late 1990s, I was chair of education in an authority where we had such an incident before the Act came in and there was a duty to co-operate. I remember at the time the deep shock as a fairly new councillor and certainly as a new Cabinet member at understanding that we had completely failed. The system had failed. I welcomed the Act when it came in.

I also echo the points that the noble Lord and others made—the noble Baroness, Lady Howarth, in particular—about a number of cases that have been reviewed since. I would say to my noble friend Lord Phillips of Sudbury that I do not think you need to take a school to court. All you need to do is look at the serious case reviews where recommendations have been made to schools that have failed to ensure that follow-up happens.

I am sure that the many schools that want to co-operate will continue to do so. The problem is with the small number that do not believe it is in their interests. I am sorry to go back in time, but I remember some grant-maintained schools in the 1990s feeling that it was an absolute liberation to be free of the local authority and doing everything that they could not to co-operate with it. I fear that we might end up with that sort of encouragement again among academies and free schools were we to lose the duty to co-operate now. It is vital that we retain it.

I have one further point that is not about safeguarding in the sense that much of this debate has focused on. In many other areas local authorities, not just upper-tier authorities with responsibility for education and social services but district and borough councils, should have a duty to co-operate for services that children receive across the board. That has to include library resources, playgrounds and provision of school places at a strategic level. Where more schools can do their own thing and there is no longer a need for an admissions forum, a duty to co-operate at the highest strategic level to ensure that there is the right provision for children in an area is absolutely vital.

[Baroness Massey of Darwen]

My Lords, I want to make a small contribution to this excellent debate and thank the noble Lord, Lord Laming, for his introduction. I am a great admirer of the noble Lord. The Climbié report that he so admirably produced led to a great deal of rethinking on vulnerable children.

Some of the issues that he and others raised are about not being able to educate without looking at the whole child—a point made by the noble Baroness, Lady Howarth, and a few other noble Lords. I also thank my noble friend Lady Morris for her potted history of education, which was very useful.