Education Bill

Baroness Howarth of Breckland Excerpts

Tuesday 18th October 2011 Lords Chamber

[Lord Storey]

My Lords, I was not going to speak in this debate, but so many important comments have been made that I feel that I want to add my few words.

I very much agree with the noble Baroness, Lady Morris, that this is about safeguarding both the child and the teaching staff. I also agree with the noble Lord, Lord Cormack, that we need to engender trust in a school. The noble Lord, Lord Elton, reminded me about his report on discipline, which I remember quite well. I remember having to write an essay on it—so he is to blame.

The problems of discipline in schools are not just to do with pupils. They are to do with that group of people we were talking about in a very positive way: parents, and—dare I say it?—the legal profession. You can just imagine a situation that happens daily: that of a teacher, say in primary school, who in innocence says “Come on, hand over that game you’ve got in your pocket”, stupidly goes to reach for it, and the next thing is that there is a legal action. So all that trust has evaporated.

The guidance has to be very clearly laid down. Pupils should not have mobile phones in classrooms—and this is hugely important. It is very dangerous, for all the reasons that we have heard. Of everything that has been said, that is probably the most important, because it is not just about grooming children, but about other pupils bullying each other through mobile phones.

So why on earth schools are allowing children to have mobile phones in schools, I do not understand. In small schools, they can be handed into the school office or, as has been suggested, go in a locker. I hope the guidance is very clear. It is about ensuring the protection and the safeguarding of the pupil, as much as the safeguarding of the teacher.

[Baroness Howarth of Breckland]

My Lords, I had not intended to speak, but it was in hearing the noble Baroness, Lady Morris, talk about clarity, that reminded me that I had had a letter from someone in a school. Your Lordships will understand why I quote it:

“Please could you register my welcome overall of the trust put in teachers and school leaders to manage behaviour more effectively in schools and colleges. However, I am concerned that the measures taken to improve the authority of teachers are being seen as threats to the child and to the member of staff concerned. Searches should be allowed by staff and good practice ensures that a teacher will ask for a witness for the search”.

It shows that the common sense that the ministry is trying to encourage exists in schools, but that there is a lack of clarity. The real need is for clear guidance, and indeed the amendment put down by the noble Baroness, Lady Walmsley, would help people to understand. I think it was the noble Baroness, Lady Morris, who said that there are so many things that are believed in schools that are not actually the law or statute.

This has been a wonderful Second Reading debate, I have to say. I have thoroughly enjoyed some of the speeches, and not having had an opportunity to get to the actual Second Reading, I am now taking my opportunity, too. We have to remind ourselves that not everything was wonderful in the past, and that there are some things that are significantly better. One thing that is significantly better is child safeguarding. We abandon anything that continues to safeguard children, as the noble Baroness was saying with regard to Barnardo’s, at our risk.

I am not an educationalist but I suspect that my pedigree in safeguarding is probably as good as anyone in this House. I encourage the Minister to think carefully before abandoning those controls where it is quite clear that teachers have the common sense to think that they need a witness. But it is not always the teachers who end up doing these things. I have known of caretakers being asked to “take that mobile phone off young Jones”. It is about people who would have other motives for touching a child.

I also believe that no male adult should handle a young woman aged 12 or 13, and certainly not without a witness. If you talk to young girls, they say that they feel that that is an assault on their dignity and it is something that goes with them. I encourage the Minister to think carefully about ensuring that we have either the amendment tabled by the noble Baroness, Lady Walmsley—to confirm to the Front Bench, I am suggesting one of the amendments—or extremely clear guidance for teachers so that they know that they do not search in unsafe situations.

[Lord Hill of Oareford]

Perhaps I may start with some general comments about some of the themes that have emerged. I agree with what the noble Baroness, Lady Morris, said about her underlying point, consistency, and the difficulty that we as legislators have in translating what we are trying to do in classrooms so that teachers know where they stand. That links to the point again about clarity in guidance, to which I will come back later.

My noble friend Lord Cormack, who has not spoken on the Education Bill previously, made a powerful speech about the importance of trust, which we all share. By the same token, some of the discussion today highlighted tensions between wanting to get to a position where we trust professionals more—and I think we would all agree with that—while wanting to have our own safeguards in place to ensure that in trusting them the things we most care about are protected. That is a difficult balance. My noble friend Lord Storey also threw in parents and lawyers for good measure.

It is absolutely right that schools are operating in a far more complicated environment than was the case in the past. I very much recognise the description given by the noble Lord, Lord Peston, of the purpose of a school, which I think still holds true today. But they certainly have to operate in a far more complicated world where they are asked to do much more by society than was once the case. I recognise that there are anxieties, which I will attempt to address, about the extension of the powers on search. I see them as an attempt to provide greater space in a very small number of exceptional cases for professional judgment to be exercised by heads and teachers, and to try to enlarge the space where we can trust heads to make the judgments that they believe are right to safeguard the children in their care.

There was broad agreement that we want head teachers and teachers to be able to ensure the safety of the children. In fact, it is important to say that most schools are safe places in which children can learn. It is important to get that in proportion and not to imagine that we are confronted with a problem that does not exist—it is important to focus on the problem that does exist.

When the previous Government introduced searching legislation, they recognised that unfortunately there are instances where children have items that can cause harm or injury to themselves or to others. Under existing law, members of school or college staff can search for a number of harmful items, including knives and weapons, alcohol, illegal drugs and stolen items. We are proposing a small extension to those powers so that teachers can keep all potentially harmful items out of the classroom.

I want to set out briefly, on the record, the safeguards within the legislation that ensure these powers are used appropriately. A search of a student without their consent can only be carried out in certain circumstances. First, the staff member conducting the search must be designated by the head teacher or the principal. I agree that the head teacher should consider the skills of any staff member they are designating, and I am sure that most will do so. In the light of views that were expressed in the debate on this issue in Committee, we have taken on board the recommendation that, when designating a member of staff, the head teacher should consider whether that member of staff needs any additional training. That recommendation is included in the department’s published advice to schools.

Secondly, a member of staff must reasonably suspect that the pupil is in possession of a prohibited item. A pupil cannot be randomly searched on a whim. Thirdly, staff may not require the student to remove any clothing other than outer clothing. These conditions—which are in law—will remain unchanged. It is also the case that a search can only be carried out by someone of the same sex as the student and in the presence of a witness except—and this is the change which we are seeking to make—in certain emergency situations. The requirement that the searcher is the same sex as the pupil and that a witness is present will continue to apply in nearly all searches, as a number of noble Lords have argued. Where it is practical to summon a staff member of the same sex as the pupil and a witness then a teacher wishing to conduct a search must do so. There is no disagreement at all on that.