Education Bill

Baroness Brinton Excerpts

Monday 4th July 2011 Grand Committee

Moved by

[Baroness Brinton]

61: Clause 5, page 10, line 13, after “Wales” insert “or a pupil at a school in England whose parent has not consented to a same-day detention”

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[Baroness Brinton]

My Lords, I rise to speak to the amendments in the names of my noble friends Lady Walmsley and Lady Jolly. This is a very simple amendment to provide the safeguard that parents know about, and agree to, a same-day outside school-time detention being given. We recognise the benefits of same-day detention. For the child concerned, the punishment is swift and close enough to the judgment of the incident for there to be a clear link, and it is important for the school as it significantly reduces the administrative arrangements that are required if the detention cannot be taken for a day or more.

I am mindful of the evidence of Sir Alan Steer to the Commons Bill Committee. He said:

“It is nonsense to be discourteous and rude to parents with no notice detentions. You are actually exhibiting poor behaviour. It is thoroughly unreasonable and designed to annoy the parent. The vast majority of schools will not do it because it would run against their principles and how they operate”.—[Official Report, Commons, Education Bill Committee, 1/3/11; col. 51.]

I absolutely accept that the vast majority of schools would talk to parents and take the view of Sir Alan Steer but, sadly, not all would, and therefore we believe that two key issues would give serious cause for concern should no further measures be put in place.

The first is safeguarding. If children are kept in school for a detention and walk home alone without a larger group of children leaving together and without their parents’ knowledge, we argue that parents must have agreed to this delay so that they can make the necessary transport or meeting arrangements to ensure that their child travels home safely. The press has, very sadly, been full of the recent trial of Levi Bellfield over the murder of Milly Dowler. I want to make it absolutely clear that she was not detained at school but she travelled home later and via an unusual route. Parents are rightly concerned to know how their children get home and at what time so that they can be confident that they will arrive safely.

Secondly, same-day detentions cause a practical problem for rural schools. Many children can access their school only by bus or rail, and often there is only one bus that they can take home. For parents who do not have cars and are unable to collect their children, there is an equity issue about short-notice detentions.

Our amendment is very straightforward. It aims to protect children by ensuring that their parents give consent to the detention and are able to make arrangements for the child to get home safely. We do not want to be prescriptive about how that consent is made—schools will know how best to reach a parent urgently. I beg to move.

[Baroness Jones of Whitchurch]

My Lords, I support Amendment 62, which very much follows on from Amendment 61 and has a similar intent to that described by the noble Baroness, Lady Brinton.

We also recognise the arguments put forward by some school leaders that punishment is more effective if it takes place nearer to the time of the original incident. Therefore, we understand that there will be occasions when same-day detention is preferable if the necessary safeguards can be built into the child’s welfare. Indeed, that is why detention at lunchtime, which we introduced in previous legislation, is a very useful additional tool. However, to be safe, we regard it as essential that parents are properly informed for same-day detention when it is intended that it should take place after school.

Therefore, our amendment, in the form of a new clause, would require schools to give parents or carers reasonable notice of detention and to obtain an acknowledgment from the parent or carer within 24 hours. Where that acknowledgement has not been received, detention would still take place, but only after the original 24 hours—the current system.

A number of concerns have been raised about Clause 5 as it stands. For example, Ambitious about Autism made a point that I hope noble Lords will take seriously, which is that you need to prepare autistic children for the disruption to their plans and routines. Therefore, short-notice detention of children with autism is not only disruptive to their life and organisation but can cause them considerable mental distress.

Secondly, even Sarah Teather, during the progress of a previous education Bill said:

“For the record, we would not be in favour of removing the period of notice. It would be totally impractical”,

as the noble Baroness, Lady Brinton, has said. Sarah Teather continued:

“In rural areas, especially on dark evenings, parents would not know what had happened to their child and would be extremely concerned. It is perfectly acceptable to give 24 hours’ notice, as it will allow parents to make other arrangements for travel … Anything else would be unacceptable”.—[Official Report, Commons, Education and Inspections Bill Committee, 10/5/06; cols. 855-56.]

Equally, we need to be aware of the needs of young carers who could be stopped from doing vital caring work at home, with no warning and no ability to make alternative arrangements. We need to be aware of the fact that some schools are not aware of the full caring roles that their pupils are carrying out when they get home, and the schools may thereby not be sensitive to some of the pressures that they are putting on the children.

The noble Baroness, Lady Brinton, has made the case about rural areas and I shall not repeat it. Unamended, the clause could disrupt the relationship between schools and parents. The NUT made a good point when it said:

“Behaviour systems and policies always work best when they are fully supported by parents. Detention without notice does nothing to bring parents on-side”.

That is also important.

Our amendment therefore helps to redress the balance. It recognises the advantages of short-notice punishment while acknowledging the need to build parents into the disciplinary equation by requiring parents to be made aware of the sanctions the school intends to take. It fosters good relations with parents while allowing them to raise any genuine and practical concerns about a child’s late journey home. In the event that it is not possible to contact the parent or carer, it should remain that the default position is 24 hours’ notice. I hope that noble Lords will see the sense in both amendments.

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[Baroness Garden of Frognal]

We are talking here about a detention which might be as short as 10, 15 or 20 minutes after school. In that case there would not be time to get hold of most parents to tell them their child was being detained. If all the safeguards were in place to indicate that there would be no danger or damage to that pupil in detaining them, it might be a short, sharp shock that would just rectify a situation that was getting out of control. It is simply an additional power that the school would have, without all the delays. It will build up into a much bigger issue if you then wait and send a letter back to the parents or try to contact them. The whole thing might escalate into a much bigger punishment than giving a brief and immediate punishment on the spot to a young person who had committed some misdemeanour where all the safeguards were in place to make sure that that child would not be at risk for being kept back for a few minutes at the end of school.

We are obviously taking account of transport and all the other circumstances where this type of detention would not be appropriate. We are doing so in response to head teachers, who have indicated that they would welcome this power. As the noble Baroness, Lady Howarth, said, this is, in a way, a message about something that could be available to them should they need it in very specific circumstances and when appropriate with all the safeguards surrounding it.

We hear the strength of feeling around the Room about this measure but I hope that noble Lords will see that it is a very measured proposal. Teachers would not be inclined to abuse the system but it could be extremely helpful in some circumstances to give an immediate punishment. It would show a young person that they had stepped out of line and that such a punishment was appropriate.

With that explanation, I hope that the noble Baroness will feel able to withdraw the amendment. However, we certainly have taken on board the debate on this matter in Committee and the strength of feeling that it has aroused.

[Baroness Brinton]

My Lords, we have had two debates on this amendment. The latter one that has emerged about the power to innovate and accessibility to current legislation for schools has been interesting. I urge the Minister to reconsider whether the existing law enables the Government to achieve what they want to happen. Should it not do so, I shall want to come back to some of the comments made by other noble Lords today.

There are key safeguarding issues relating to short-notice detention outside school time. That is the fundamental concern behind both these amendments. It is a question of trust in teachers, as espoused by the Ministers, or safeguarding children. Frankly, I think that the balance there always has to be in favour of children. I absolutely take the point made by the noble Baroness, Lady Jones of Whitchurch, and others about children who act as carers. Children may also have non-caring roles that they need to fulfil or other commitments outside school with classes to go to where their non-attendance would cause problems. There are many things that schools do not know about where a short-notice detention out of school time could cause very serious implications for a child.

Parental support is absolutely vital, as many noble Lords have commented. Since the beginning of Second Reading, we have talked repeatedly about partnership between parents and schools. Parents’ support for outside-school-time detention must be a priority, not least because that gives them the chance to make alternative arrangements and it also gives them a chance to say to the school, “In this instance, it is not appropriate to do it straight away”.

I have to take issue with my noble friend Lord Lingfield about this being a new tool in the toolbox. It is a very weighty tool and an absolute sledgehammer to crack a nut. The Minister cited Section 91 of the Education and Inspections Act 2006, as well as another Act, and was confident that all the legislation was in place and that all we were being asked was to trust teachers. However, this amendment and Amendment 62 set out a simple and clear way of making it absolutely unavoidable for a school to contact a parent and get a response. My noble friend Lady Benjamin talked about the importance of a letter going to the child’s home. She is right that in this day and age there are much faster ways of contacting parents, including by text and mobile telephone. Even five or six years ago, as a parent I got messages from school as my eldest had accidents at school and was required to be taken to A&E. If something is that urgent, frankly the school can make contact. If the school is required to contact parents, they must do so.

I come to the final point about a nine year-old at primary school walking home late in November without their parents’ knowledge. In the main, most schools would not want that to happen, but there are occasions when it might. That is why I come back to safeguarding. If it is safeguarding versus trust, safeguarding must come first.

[Baroness Garden of Frognal]

That simply would not happen. It would not be the case that a nine year-old was kept back late in school and allowed to walk home on their own under these circumstances. That is not how this measure is either intended or framed.

[Baroness Brinton]

Whether it is a nine year-old, an 11 year-old or a 12 year-old, the same safeguarding issues are still absolutely there and valid. I am afraid that the problem with the plethora of legislation that was quoted earlier is that it is too easy to miss. There were comments earlier about the message that the Bill sends out about this. There is a clear message from both of these amendments that children’s safeguarding comes first, which is why parents should be notified.

I hope that Ministers will take into account much of the discussion that we have had today, and will able to come back at later stages of the Bill. For now, however, I beg leave to withdraw the amendment.

Amendment 61 withdrawn.

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[Baroness Brinton]

My Lords, I also support this amendment. It is a helpful move to ensure that schools, Ofsted, the Government and responsible bodies within our wider communities are aware of prejudice-based bullying as a result of anything in these categories.

Severe bullying in any form is wrong and much has been done in recent years. I know from my own time in Cambridgeshire in the 1990s that we had trained staff in every school not just to spot bullying but to support other staff in the implementation of anti-bullying policies. School councils existed to work with pupils even at a primary level to talk about the issue. One of the fundamental problems over the years has been that some schools have refused to admit that bullying exists in their schools. That is why collecting data becomes extremely helpful.

Over the last decade or so, I have also had the privilege of seeing the work of the Red Balloon Learner Centres, which are set up specifically to help children so severely traumatised by bullying they can no longer go to mainstream schools. Their intention is, and they mainly succeed, to get these children and young people back into mainstream school within two years of being unable to attend. These children have been so badly affected that it is not just about being afraid of going into school, but they stop learning as well. That is critical. As has been mentioned already, some threaten to take their lives and very sadly some have taken their lives.

I have one concern about the amendment, however. Those schools who deny bullying is a problem are probably less likely to accept that there is, for example, homophobic bullying going on in their schools. Guidelines to schools, therefore, should be absolutely clear to make sure that there is a requirement on schools to really think about incidents that are reported and what the root cause is. Let me give you an illustration why. I know a young man who, when he was 12, was taunted repeatedly for being gay and he found it impossible to manage at school. He also, incidentally, had a disability. His confidence plummeted, his educational performance was also significantly reduced and it took some time for these incidents to be taken seriously by the school, which prided itself on its pastoral care. Once it accepted that there was an issue, things swung into action. But by that time his confidence was at a seriously low ebb.

If required to report the bullying, I doubt that school would have picked it up in the first year of those incidents and the impact on the young person concerned was significant. Fortunately, in his case a move elsewhere gave him the chance to recuperate and his life was turned round, mainly by his own self-confidence once the bullying had stopped. Once he got to FE college, he championed the young Liberal Democrats’ Homophobia is Gay campaign within his college, much to the astonishment of his family, but it gave him confidence and allowed homophobia to be discussed at his FE college. He is now happily at university and doing extremely well.

The reason I cite that illustration is that it is often more complex than it appears when somebody falls into a particular category. That is why any guidelines need to recognise that often there may be more than one category and that would need to be recognised.

As has already been mentioned, the recent Equality and Human Rights Commission report and evidence on prevention and response to identity-based bullying is illuminating. Two-thirds of young lesbian, gay and bisexual pupils have experienced direct bullying. That this rises to 75 per cent in faith schools is a shocking statistic. Despite my concern about reporting, monitoring will help to improve the situation and it is right that it must be by all schools, including free schools and academies. It is evident that racial bullying is being reported. As has already been commented, 75 per cent of local authorities are now collecting data. Let us protect all children and young people in the prejudice-based groups, including sexual orientation, disability and religion or belief.

[Baroness Hughes of Stretford]

My Lords, I also support the amendment moved by my noble friend. He made a powerful speech at Second Reading and raised a very important issue, not least because it is still overlooked in this day and age and is still a difficult issue for some people to address. As the noble Baroness, Lady Brinton, has just said, Stonewall and other organisations have reported on a very high incidence of bullying of lesbian, gay and bisexual pupils. A feature of such bullying is that it is often hidden from adults because it takes place through text messages, social media sites and so on. It is often covert. However, as has been alluded to, the impact on young people can be absolutely traumatic. They fear going to school and being attacked, all of which impacts on their learning, sense of security and well-being. We have heard of some tragic cases in which people have harmed themselves or tried to commit suicide as a result.

There are three reasons why we ought to support this amendment in the name of my noble friend Lord Collins. First, it would ensure that important first steps are taken to discover the extent of prejudice-based bullying through the recording of incidents. That is a picture that needs to be fleshed out. Secondly, having to record the incidents would, in itself, raise awareness of and sensitivity to the issue among teachers and schools. Thirdly, as we have heard, there is an apparatus and a system in place to record ethnic and other kinds of bullying, to which this could be added without much onerous work or demands being made on schools or local authorities. Those are three powerful reasons. I hope the Minister will find that he can support the amendment.