Education Bill

Baroness Howe of Idlicote Excerpts

Wednesday 6th July 2011 Grand Committee

[Baroness Massey of Darwen]

My Lords, perhaps I may return to the amendment tabled by the noble Lord, Lord Lexden, who has called himself a novice but was extremely cogent. The amendment refers to the,

“duty to promote academic partnership”.

I wonder whether that is what the noble Lord really means. I know that there are partnerships of all kinds between schools. He mentioned some in music and sport. I am slightly worried about the word “academic”. I am not challenging him but I want to highlight it.

[Baroness Howe of Idlicote]

My Lords, like other noble Lords, I think that the aspiration behind these amendments is to be applauded. The hours that might or might not be available are more of a problem. Whether there should be some tinkering with the hours required must be a matter for more careful thought on Report. Certainly, I am intrigued by the amendment in the name of the noble Lord, Lord Lexden, and there is a lot to be said for it.

We have got quite a lot of flexibility in how academies will develop. Whether there is room for this in the new schools, I do not know. At one of the schools I was at, the Fleming report approach worked extraordinarily well. There was no question of other students knowing about it at all. Everyone was very much on a par and no one knew who was entering in that way and who was not.

My question for the Minister is: who is in charge and are they sufficiently qualified to teach those who are being educated in prisons—young offenders and so on? There is a great deal of young offender education, which I know the Government want to put on a much more comprehensive basis and for many more hours. Under those circumstances, it would be good to know whether any of these amendments might apply.

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

My Lords, I am grateful to the noble Earl, Lord Listowel, for raising the issue of teacher quality and continuing professional development. We have heard that evidence from practitioners—which can be supported, as if that were needed, by a study by McKinsey—has found that the most successful education systems are characterised by strong systems of professional development, high levels of lesson observation, as the noble Earl argued, and continuing performance management. Also understood is the importance of teachers learning from the best and applying appropriate changes to their own teaching practice. Our approach to CPD and leadership training for teachers is based on that evidence. We are keen to improve the capacity of schools to take the lead for the training and development of teachers, and to create more opportunities for peer-to-peer training.

A key part of our overall proposals is the creation of a new network of teaching schools. This will help give outstanding schools the role of leading the training and professional development of teachers and head teachers so that all schools have access to high-quality professional and leadership development. We have also set up an independent review of teacher standards led by outstanding head teachers and teachers, whom we have asked to recommend to us new standards of competence and conduct for teachers. We hope that these standards will underpin our proposed reformed performance management system to make it easier for teachers to identify their development needs. The terms of reference for the standards review specifically require the standards to include the management of poor behaviour.

The noble Earl also suggested that teachers should have to be qualified in child development and behaviour management. I completely agree that these issues are of the utmost importance. Those points were made by the noble Baroness, Lady Hughes of Stretford, and by my noble friend Lord Elton. Training in relation to these issues is already included in all initial teacher training and trainees must demonstrate their knowledge and skills in these areas in order to attain qualified teacher status. However, I was struck by the points made by my noble friend and by the noble Baroness, Lady Hughes, and I will follow up those points with my honourable friend Mr Gibb, who is the Minister responsible for this area. I hope that the noble Earl will also be pleased to know that the Training and Development Agency for Schools has recently developed and put in place a package of support to improve training in behaviour management for all teachers.

The noble Earl also raised the important question of classroom observation. Again, I agree with him—as I think do all noble Lords—about the importance of that. We are keen to encourage more teachers to take part in school-based collaborative and peer-to-peer professional development and to get feedback on their own practice. That is one of the reasons why we are taking steps to remove the so-called three-hour limit that the current performance management regulations place on the amount of time that a teacher can be observed. I know that these are probing amendments but, as regards some of the specific suggestions, I agree with the points made by a number of noble Lords that a requirement to undertake a minimum amount of 50 hours of CPD is not the route down which we want to go, but I know that he was seeking to elucidate the broader points.

My noble friend Lord Lexden raised the important issue of partnership working between schools in the independent and maintained sectors. I am sure that we can all think of lots of examples where that is going on. I agree with him that it would be good to see even more of that. We are working with groups in the independent sector such as the Independent Schools Council and the independent state school partnership forum to explore how we can get more partnership working between schools in the independent and maintained sectors. As he said, schools from the independent sector can apply for teaching school designation. I think that three independent schools have already made such an application.

It is also the case that independent schools can apply to the education endowment fund that helps support new approaches to raise the attainment of disadvantaged pupils in maintained schools that are below the floor standard. I hope that will be another area that will please my noble friend, as we are trying to build closer relationships and break down some of these barriers that have divided the sectors. As regards his specific amendment, however, he may not be completely surprised to discover that a statutory and particularly prescriptive approach is not one to which I am attracted. However, I would certainly be very keen to do all that I can to bring the two sectors together.

The noble Baroness, Lady Howe, asked about the quality of offenders’ education. I am afraid that I am not able to reply to her specific points but I will follow that up with the Ministry of Justice to see whether we can get her an answer on those.

There is clearly broad agreement that raising the quality of teaching is important. I hope that I have reassured the noble Earl that there are plans in place to improve this aspect of the education system. We are keen to raise teacher quality by creating the conditions in which schools and teachers take responsibility for driving their own improvement, as has been discussed. In thanking the noble Earl very much for—

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[Lord Elton]

Without going into the broader field just raised, would my noble friend perhaps look within the school confines, which is what he is addressing here? It seems to me that classroom support staff, who may spend two days at a time in sole charge of a class, are in a position so analogous to that of teachers that they could perhaps be separated from the remainder of the staff for the purposes of this legislation. I realise that, as they more rarely have sole responsibility for the children, they are less at risk but it seems that the risk, although less, is just as real and the damage could be just as great.

[Baroness Howe of Idlicote]

My Lords, the more I listen, the more I am sad that we did not have the amendment from the noble Lord, Lord Phillips of Sudbury, because that would have put things into a much clearer perspective. I have the gravest doubt the more I listen, frankly, and I agree more and more with my noble friend Lady Howarth.

[Lord Lucas]

I always find it very hard to agree with the Telegraph, so I have been having a terribly tough time over the last 15 minutes or so. Although I would say to the Telegraph and others, as they said of us, that they have brought it on themselves and that I have every sympathy for wanting to look after teachers, we have to produce legislation that is practical and that works. I cannot see how what we have in front of us works with Twitter, Facebook and the inevitable communication that there will be between parents and, particularly, pupils. You really cannot have a teacher hoicked out of school with these sort of allegations and not have it flying around on the net. The wording in front of us seems to seek to tackle this by criminalising the children and the parents who will be doing this. That is most unwise. The damage really only occurs when some newspaper picks up a story and eviscerates a teacher to entertain its readers. That is the evil; I do not believe that we should be trying to curb more than that.

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[Baroness Walmsley]

My Lords, I hope that my noble friend the Minister accepts that my noble friends are trying to help the Government produce a good piece of legislation and that he will consider the very thoughtful case made by my noble friend Lord Phillips. In an earlier debate, I said that I was somewhat comforted by the possibility that the police would be able to apply to the court for the restriction to be lifted. However, I take the point that my noble friend Lord Phillips and the noble Baroness, Lady Howarth, have made that the last few words of new Section 141F(5) skew the position of the court in the direction of the alleged perpetrator and not of the child. Personally, I think it would be a very good idea to take that out.

I am also very convinced by my noble friend's argument about inserting his proposed new paragraph (b)—in Amendment 73HH—into subsection (10) of proposed new Section 141F, so that the restriction could be lifted once the person has resigned or been sacked. I have had a great deal of evidence sent to me by campaigners against child abuse particularly, it has to be said, in relation to independent boarding schools, where of course the opportunities are greater. Very often, however, what my noble friend said is absolutely right: it does happen that it is in the school’s interest to sweep it under the carpet and quietly say, “You go away and resign and we will say no more about it”, because these schools are financial organisations and they will lose money if things get about that dreadful things have happened there.

We really have to be very careful if we are to pass legislation that might encourage that situation or protect those people because I am told that what happens is, yes, they go away from that school but they pop up somewhere else and carry on. I am sure that my noble friend the Minister is most concerned about safeguarding children and, secondly, concerned about innocent teachers who might have allegations maliciously made against them. We somehow have to find the right balance between those two things.

I would say one more thing about what the noble Lord, Lord Black, said. The Human Rights Act asks us to draw a balance between the rights of free speech and the right to privacy of the individual. We have to bear in mind that it is not all in the direction of free speech. The Act talks about the rights to privacy for the individual as well and there, again, we have to create the correct balance.

[Baroness Howe of Idlicote]

My Lords, when I spoke a little earlier, I was trying to say that I was sad that the two groupings had not been moulded together because it was very important to hear what the noble Lord, Lord Phillips, had to say before the Minister has the duty to reply. He now has that advantage but I was also impressed by what the noble Lord, Lord Knight, said previously about his own experience of looking at a similar approach to that which the Government are thinking about. In the end, for a number of reasons, they did not go down that path.

We have heard today of the disadvantage that it would be to some groups, if not to others, to say nothing of this sort of behaviour spreading around the country without anyone knowing what would happen if allegations are true and proved. I am afraid that we have had too many instances in the past of things coming to light much later on. We also know the damage that has been done to so many young people as they grow up. I very much look forward to what the Minister has to say because I hope that Members, obviously not just in this House but in the other House, will read carefully what has been said during this debate because it should have considerable influence, along with what the Minister will say to his colleagues in the other place.

[Baroness Hughes of Stretford]

First, my Lords, I thank the noble Lord, Lord Phillips, for giving me an annotated photocopy last week of his proposals because it enabled me to work my way through them and really think about them. Having done so, if we are to have legislation of this form then the amendments that he has put forward and the powerful arguments he has made from his own experience are compelling. However, I want to draw the Minister's attention to Amendment 73HB, which would delete that phrase in subsection (5) where the court, in thinking about “dispensing with the restrictions”, can have,

“regard to the welfare of the person who is the subject of the allegation”.

That was picked up by a number of Members here. In our debate on the previous group, we were concerned that the Government were considering teachers, and only teachers, and not other professional groups. For this phrase to be included in the legislation is so illuminating. It speaks volumes to me of the mindset with which the Government have approached this issue. Again, we see the Government thinking of only the teacher vis-à-vis, in this situation, the child. That is so disturbing and demonstrates their tunnel vision approach to this whole issue. I hope that they will take this whole matter away and think again.