Education Bill

Baroness Howells of St Davids Excerpts

Thursday 30th June 2011 Grand Committee

[Lord Lucas]

My Lords, when I think of my own childhood, members of the opposite sex were not the ones who caused the problems. Certainly these days when the staff of many schools are entirely female, you have to allow women to search men, and therefore men to search women, if those are the circumstances in which people find themselves. It must always be advisable to have a same-sex search, and it must almost always be advisable to have a witness, but imagine a situation in which a teacher is alone with a group of pupils and believes that one of the pupils has on them something that they could easily dispose of if they had the chance, whether it was drugs or a weapon. If they were out in the country, something could be dropped easily before they came back.

Searching consists of having the power to search, not actually saying, “Palmer, turn out your pockets”. The pupil would know that the member of staff had the power to search if they did not comply, and would therefore do as requested. This is a necessary part of the structure, but I am sure that no head teacher is going to advise any of their teachers to search when they do not have a witness, except in circumstances when nothing else is possible. I think that we can trust teachers and head teachers to use the clauses as they are in the Bill wisely.

[Baroness Howells of St Davids]

My Lords, having spent practically my entire life in this country fighting against stop and search, and marching on the streets about it, I can tell you the effect that being stopped and searched has on any human being. Why try to impose this on a child? Teachers have adequate powers with which to take the child away or do all sorts of things, but one should not take away the dignity of the child. In any number of cases when the police could not find anything, they made something up and criminalised the child. Some policemen have been known to say, “I am not changing my mind”. At that time, people in uniform were respected and believed. We had to confront those cases. I urge noble Lords to think very carefully about providing that power in the classroom. Children are there to be nurtured, loved and taught what is right and wrong.

It is a difficult situation because we have taken away from parents powers to discipline their children. I was told that I was a Victorian when I said, “My child does not do this or will not be allowed to do the other”. That was the attitude of most Caribbean parents. Children were children. We are turning them into fodder for the criminal courts. I ask the Minister to look very hard at this measure and take it away if he can. I have seen no empirical data that suggests that searching a child in the classroom will in some way prevent damage to other children—although it may prevent criminal damage to the building. I ask you to think about the child.

[Baroness Howe of Idlicote]

My Lords, I had not intended to intervene, but I am inclined to think that this is yet another area that will require a longer time to work out the right solution. All of us are aware of the reactions of children—not necessarily young children but those who have been abused at some stage in their lives. We know, sadly, that that has happened in a number of homes, quite apart from outside when children have been abused. There are new methods of abuse, including cyber access and so on. Such activity is, alas, spreading.

However, I am worried about totally removing the passages from the Bill. What the noble Lord, Lord Sutherland, said needs a little more thought. I also want to listen to what the Minister will say in reply before I come to any full conclusion on this. The very best way in which schools operate is when everyone co-operates and trusts one another. We have a head teacher opposite. However, there are situations where that co-operation does not happen, and there can be situations in which children are in danger through lack of action. I am going to wait.

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[Baroness Hughes of Stretford]

I agree in principle. The wording in the amendment,

“to retain an excluded pupil on the roll”,

means that the child is still recognised as having a connection with the school and that their education elsewhere needs to be funded and their outcomes included. That is one of the problems with the approach that we are discussing, because it does not allow for that subtlety. A panel might decide that the decision to exclude was wrong and that in principle the child should be reinstated, but there then needs to be a discussion with the child, the parents and the teachers as to the best course of action. For the child to go to another school with their head held high because a positive decision had been taken would be very different from their going to another school because they had been permanently excluded. It would wipe the slate clean, and they might well be better off having another opportunity elsewhere. I wish I had been clever enough to table an amendment that could allow that degree of subtlety, but I agree with the noble Baroness that that is ideally what should happen.

[Baroness Howells of St Davids]

My Lords, a child is disadvantaged in the system not only because he might have SEN or a disability; he is disadvantaged because of the colour of his skin—something he cannot change. I have heard and seen nothing that would make that case better. I have spent many years going into schools. This is a multiracial society, but racism is still alive and well, and children are hit most when they are young and at school. I just feel that this Bill gives us an opportunity to do something about this. People must unlearn their racism when they teach. I am very happy to talk about this outside, but I waited patiently to hear one person say they realise why young black men and women are in the prison system. If you trace it back, you will find that they were excluded from schools. Second-chance education often helps them. Many people may disagree with me. I have heard people tell me that they are not racist. I have some amazingly subtle ways of asking them questions. They then discover that their conditioning has made them racist. The colour of skin is an important thing for a multiracial society, and I ask noble Lords to give some thought to that.

--- Later in debate ---

[Baroness Howells of St Davids]

I hope that noble Lords will forgive me as I, too, forgot something. I forgot to say that the Minister sent me a three-page letter the last time I spoke in the debate. I thank him very much for that and I am sharing it with my colleagues.

[Lord Lucas]

My Lords, perhaps I may ask my noble friend a couple of questions. First, I should be very interested in being included if he is telling people about the trials. The important thing is that they focus on the distillation—on the kids at the end who do not respond at the beginning to whatever is done. They are the ones who are abandoned at the end of the system. They are allotted four hours’ tuition at home but that does not happen and people forget about them. I very much hope that, as is the case with prisons, organisations are given money on the basis of the results that they achieve. We may try that at the back end of some of the trials so that innovative ideas are encouraged in rescuing these children who have proved difficult to educate.

Secondly, am I right in understanding that, when a school is concerned that a pupil may have special educational needs which may be causing problems, it has the absolute right to require and obtain the assessment when it is needed, rather than, as in the current system, waiting for the LEA to decide that it is prepared to do it?