Schools Bill [HL]

Baroness Garden of Frognal Excerpts

Committee stage & Lords Hansard - Part 2
Monday 20th June 2022 Lords Chamber

[Baroness Brinton (LD) [V]]

My Lords, before I speak to the amendments in this group, I wish to ask the Minister a question about her contribution at the end of the previous group. She said that it was inappropriate for Peers to refer to the word “criminalisation” because it was wrong. I used it when I spoke because parents are already writing to me and to other Peers with their concerns. These are the words that they are already using. They are already alarmed and worried because Clause 50, under new Section 436Q, “Offence of failure to comply with school attendance order”, states:

“A person … convicted of an offence under this section in respect of the failure, may be found guilty of an offence under this section again if the failure continues”


and in new subsection (8):

“A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale, or to a term of imprisonment not exceeding 51 weeks, or both.”


Can the Minister explain why that is not a criminal conviction? If that is the case, the word “criminalise”—for very few parents, we hope—would be right, and I think that is what the Government seek.

Amendment 97D from the noble Baroness, Lady Whitaker, proposes the addition of gender and ethnicity to the register, and I support that. Her work with the Roma and Traveller community shows that we always need to remember the children of those communities, who often end up out of school through no fault of their own and are often the children having the toughest lives. We need to make sure that we can identify them to provide the support needed.

I have also signed my noble friend Lord Storey’s Amendment 102, which proposes that a register of children not in school should list the reason why they are not in school. I will not repeat the comments I made on the two previous groups, but would say that it is vital that those in authority—in local authorities and prosecuting authorities—are reminded at every turn why a child may not be in school. Without that reason listed on the register, it would be too easy to miss, and it may not be obvious to the key personnel who need to look at the register.

I now turn to data. I thank the noble Lord, Lord Lucas, for proposing how we group some of our discussions on Part 3 but, inevitably, data seems to be running through every group. In both previous groups, other Peers spoke about data issues. I want to go back to the principle of why the Government want to publish this data.

I do not think any of us disagrees that it should be collected, but my concern is that the phrase I seem to recall being used on the day the Secretary of State launched the idea of attendance orders and the register was “similar to the electoral register”, but it does not exactly say in the Bill what will be published; nor does it say who will have access to this highly sensitive and personal data. I ask the Minister: is there any other form of public register in this country that lists the names and addresses of children or their parents? Is that information available? The Bill talks about how long the data needs to be held and, from what I can see, it will be held for long after children have left the school system. If data is held, it should be deleted once the child reaches 18, unless that is because the Government want to track their future lives. If that is the case, Parliament needs to know.

The Minister may be somewhat frustrated that noble Lords are proposing to increase the data collected, but we want to ensure that the collection is of the appropriate data best to help the children, as we have discussed on previous groups. I want reassurance on exactly what will be published. In my view, only pseudonymised data should be published, and that at local authority level. Otherwise, with a very small number of children on the register, it will be all too easy to backtrack and find out where they live. It is not appropriate for families’ private information to be published and, as I said on the previous group, a high percentage of children out of school have SEND, are on free school meals or are from black and ethnic minority backgrounds.

The Bill says in Clause 48, in new Section 436C(2):

“A register under section 436B may also contain any other information the local authority consider appropriate.”


New Section 436C(3) states:

“Regulations may, in relation to a register under section 436B, make provision about … (c) access to and publication of the register”.


We keep saying, on different parts of the Bill, that it is not ready to be enacted, is not going to work and is not fit for purpose. It seems completely inappropriate for the House to approve this part of the Bill without any notion of what personal information may be included or what will be published, or who will have access to that information. These are Henry VIII powers gone mad. As long as only the relevant staff, who will have to comply with GDPR, will see the raw data, a child’s personal information can be collected. Can the Minister reassure me that this is the case and, if it is not and is as printed in the Bill at the moment, can she please provide the House with a justification for why the Government are taking these very strong steps?

[Baroness Garden of Frognal (LD)]

My Lords, Amendment 98 in this group is in my name. I will also speak to Amendments 106, 107, 110, 113 and 114, and to support my noble friend Lord Storey on Amendment 103. I think we all need to try to speak as briefly as possible if we are not to have a totally hideous day on Wednesday, when we will be expected to finish Committee on the Bill.

All these amendments are at the request of home educators. Amendment 98 reflects that home educating may be undertaken by a single parent; the other may be estranged or simply not interested in the education of the child. Requests for the name and address of each parent may not be appropriate, and the alternative wording proposed—

“the parent or parents responsible for the education of the child”—

is much more relevant.

My noble friend Lord Storey will be proposing Amendment 103, but I recognise the value of a unique pupil number in ensuring that children can be identified as being secure and educated.

Amendment 106 reflects the concerns of home educators that all sorts of irrelevant information will be requested of them, so inserting “relevance” is important. Again, this follows on from some of the words of my noble friend Lady Brinton. This is also reflected in Amendment 107, where what the local authority may “consider appropriate” may not be universally appropriate. We do not need those two lines.

In Amendment 110, there is concern about the register being published, with too much information being put into the public domain. We want “publication” to be deleted, because this is not necessary.

Amendments 113 and 114 would both insert “reasonably”. Once again, the concern for all sorts of information to be requested and recorded surely needs justifying in some way.

The home educators are very concerned about the Bill. They have sent me rafts of material, which they consolidated into amendments. I have tried to reflect this. We are naturally concerned about those who claim to home educate but are using it as a cover to abuse, indoctrinate or otherwise do damage to children. However, we are also aware of the amazing work that most home educators do and wish to ensure that they are not unduly disadvantaged by the Bill.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, I am going to speak briefly as well, for several reasons: first, because I want to get home tonight; secondly, because I am cold; and, thirdly, because I quite agree that we do not want a terrible day on Wednesday.

Part of the fallacy on this children not in school register is the idea that local authorities do not already have the information about children who are not in school, but that is not true. For the most invisible children, who have had no contact with any service at all, of course it might apply; otherwise, the truth is that local authorities have a great deal of information about almost every child, whether they attend a school or not. Instead of adding yet more data collection, there should be an overhaul of how local authorities collect and process this data, and perhaps some sort of universality about it. That overhaul should be made in a code of practice, as set out in my Amendment 171S.

I have three other amendments in this group, which are basically probing because I feel that the legislation just does not have the detail that we need to understand exactly what it is going to do. Turning to the new registration requirements, I think the Bill really ought to be clearer about what information must be provided by home-educating parents to the local authority. We are left at the moment with “other information”, which leaves a large void of worry for the parents who will have to provide this information, which could be very probing and intrusive. I would much rather see such broad wording removed altogether or made subject to being necessary and in the child’s best interests. This group contains a range of possible ways forward, but the general gist is that the Minister must convince your Lordships’ House that any of this intrusive bureaucracy is needed in the first place.