Education: Personal, Social and Health Education

Baroness Massey of Darwen Excerpts

Wednesday 24th April 2013 Grand Committee

Asked By

[Baroness Massey of Darwen]

To ask Her Majesty’s Government how they will promote Personal, Social and Health Education in schools in order to develop pupils’ skills and knowledge relevant to growing up in the United Kingdom.

[Baroness Massey of Darwen]

My Lords, having finally secured this debate, it is a great pleasure to have so many colleagues speaking in it, and I thank them all, and the Minister, for taking part. I come to this debate with one agenda. All of us are concerned about children and young people, and that they get the best possible chance both in school and in life. I very much look forward to what others have to say and how the Minister will respond.

I want to say at the start that I consider PSHE more of a concept than an actual subject in the curriculum, and I shall expand on that. I realise that things have moved on since we last attempted to hold this debate. There are proposals for the science curriculum, there is to be a curriculum review, and a Statement on PSHE. I know that the Minister understands the importance of PSHE because we have talked about it, and I want to ask him if after this debate he will meet interested colleagues to discuss how we might move forward positively. I know that the PSHE Association is seeking to form a coalition of interested organisations to support PSHE in schools. Would he also be prepared to meet such a coalition? I think that there is some confusion about what PSHE actually is, and I shall be interested to see if colleagues agree and whether they support my perceptions of it.

I shall begin with three brief anecdotes about the importance of PSHE. First, recently I was speaking at a reception held by a large and successful multinational company. I looked at its website to find out what the company looks for in its employees, and I was impressed to see a huge emphasis on communication skills, team work and the fostering of good relationships. That echoes what the CBI has said, which is that young people should be “rounded and grounded” by the time they leave school. The second anecdote is about a primary school in east London. The head teacher, who co-ordinates PSHE in the school, and six of its pupils came to talk to the All-Party Parliamentary Group for Children, which I chair, about their experiences. A few years ago, the school was in trouble as the result of disruptive behaviour, poor achievement and low morale. The new head teacher instituted a programme of PSHE in the school. It now has policies on behaviour, it has been made explicit that respectful behaviour towards others is a cornerstone of school life, and specific lessons are held on, for example, friendship, bullying and helping others. The school is now high-flying and successful. It is not surprising that a report commissioned by the Department for Education in 2012 found that,

“children with higher levels of emotional, behavioural, social and school wellbeing, on average, have higher levels of academic achievement and are more engaged in school”.

The third anecdote concerns meeting a school doctor who said to me, “You know, if you instil good health habits in children, they stick. Also, I know many examples where children have influenced parental health behaviour, like in smoking and diet”. I want to explore what the problem is about the Government making PSHE statutory. I know that it is a clunky and bureaucratic word, and we may want to explore that as well.

There are some myths about PSHE. One is that it is a single school subject such as maths or history, that teachers are not trained to do it, and that until they are trained it cannot be delivered. Another myth, as we all know, is that it is all about inappropriate sex education. Every child should be able to do as well as possible in school. A school that creates an ethos of respect and learning will support such achievement. All teachers in such a school are teaching PSHE, either in the classroom or outside it, which is about kindness, working in teams, listening to others and thinking about how one’s behaviour affects others. Teachers are helping children to gain confidence in their own abilities.

Most subjects, in fact, contribute to PSHE in one form or another—for example, PE, music, English and biology. This is why I have some concerns about the potential diminishing of, for example, art and sport in schools. It is not one thing or the other. It is not just a matter of either being academic or learning personal and social skills. Both should live together and, of course, in many schools they do.

Schools may have specific lessons on, for example, drugs, alcohol, sexual relationships, first aid, healthy eating and internet safety. The lessons may begin with a simple concept in primary school. We know that young children will not appreciate the chemical make-up of certain foods. They can appreciate that fruit is good for you and some things are not. Young children cannot appreciate the niceties of contraception, or the danger of sexually transmitted infections or early pregnancy. They can appreciate that respecting other people and being a good friend makes for good relationships. They can appreciate that some behaviours are risky; after all, we teach them how to cross roads and not to run in corridors.

I recognise that teachers cannot know about many issues related to health education. When I taught it many years ago, we had a programme of visitors, and many schools still have one—St John Ambulance for first aid, the police for road safety, a nurse for sexual relationships and diet, an MP or local councillor to talk about government and citizenship, or guides and scouts on teamwork and volunteering. All this is important stuff.

Every child matters. Every child needs PSHE—some more than others and some desperately. Some schools do a great job. Others, perhaps a minority, are, frankly, not interested. This is why, to protect children and to enhance their education, we need a strong statement from the Government about the importance of PSHE. Schools have for many years delivered PSHE in many different ways. I am asking for all schools to be required to deliver it and ensure that they are doing so, however it is delivered.

We know that PSHE teaches children to think. Is that not what education is about? I know that UNICEF’s Rights Respecting Schools initiative has overwhelming evidence that school ethos can be improved by emphasis on relationships and behaviour. We know that children grow and change. Inputs should be made every year as they gain knowledge and experience, such as in English and maths. Pupils need to discuss these issues. They live in a complex world—life is very complex nowadays for children. The internet is wonderful but has its drawbacks, as we all know. Children need the skills to make informed decisions.

What I mean by statutory PSHE is two-fold. First, every school should have a policy and ethos that parents and pupils understand about what kind of relationships and behaviours will be promoted in that school. Secondly, every school should ensure that there is a programme, year on year, for every child in which they can learn, according to age, about drugs and alcohol, first aid, the importance of healthy food and exercise, sex and relationships, risky behaviour and so on. Parents, governors and inspectors would understand this.

Do the Government understand that for some children feeling safe in school and developing self-respect and confidence are precursors to being able to learn and achieve? Do the Government realise that certain health behaviours, such as obesity, are so risky that they will cost the country millions of pounds to deal with in the future? Such health behaviours can be prevented or mitigated, partly, in school.

I will briefly restate my case. First, statutory provision for PSHE does not mean a prescribed programme. Statutory means that every school is expected to deliver a clear statement on behaviour and ethos. Secondly, every school is expected to ensure that, year on year, pupils will be entitled to learn about what constitutes a healthy lifestyle. It is not really that complicated. There are examples of excellent practice. I am asking simply that all pupils in all schools should have the right to this programme of PSHE. Again, I thank noble Lords and look forward to the debate.

Education: Early Years

Baroness Massey of Darwen Excerpts

Thursday 8th November 2012 Lords Chamber

[Baroness Massey of Darwen]

My Lords, I am grateful to the noble Baroness, Lady Walmsley, for securing this debate and introducing it with such passion and perception. I want to interpret her intentions for the debate slightly differently and discuss in more detail something that she touched upon—early education in developing countries. In doing so I declare an interest as a trustee of UNICEF UK and a patron of Women and Children First. I want to talk about education in developing countries because many of the issues outlined by the noble Baroness, Lady Walmsley, and touched on by the noble Baroness, Lady Jenkin, apply to children all over the world. But for children and parents in developing countries, life is so much more complex, and education can have such an enormous impact. That education must begin early, and it must be funded.

Many children in these developing countries live daily with hunger, disease, conflict, rape and torture. Some have seen their families killed or imprisoned, or their families have simply disappeared. Education, especially for girls, brings hope and possibilities. However, 67 million children do not have the opportunity to go to school, even to primary school.

The ambitious target set for the millennium goals which the UN developed in 2000 is that they should be achieved by 2015. The targets include the eradication of poverty and hunger; promoting gender equality and empowering women; reducing child mortality and improving maternal health; combating HIV/AIDS, malaria and other diseases; and, of course, universal primary education. I suggest that all these goals need to be underpinned by education—although I am not, of course, saying that education can do it all.

UNICEF’s annual report for 2011 emphasises the right of all children to survive and grow to realise their full potential. One branch of UNICEF’s work in deprived populations focuses on education by building schools, providing clean water and toilets, training teachers and supplying textbooks and stationery. In 2011, UNICEF UK gave £4.2 million to help children to go to school, many of them for the first time. The programme Girl Effect points out that when a girl in the developing world receives seven or more years of education, she marries four years later and has 2.2 fewer children. An extra year of primary school boosts a girl’s eventual wages by 10% to 20%. Yet one-quarter of girls in developing countries are not in school. Of the world's 130 million out-of-school young people, 70% are girls. One girl in seven in developing countries marries before she is 15, and a quarter become mothers before they are 18. Girls aged 15 to 19 are twice as likely to die in childbirth, and 75% of 15 to 19 year-olds living with HIV in Africa are girls. Girls who marry early report a high incidence of domestic violence.

There is a proven relationship between better infant health and higher levels of schooling among mothers when girls and women have an income. They reinvest 90% of their income in their families as compared to 30% to 40% for a man. A report commissioned by DfID on girls’ education in Africa points out that girls’ education is a critical development issue not only for girls themselves but for the wider well-being of society. Without education, girls cannot realise their social, political and economic rights.

There have been many interventions on getting girls into school and retaining them in education and, of course, particular local circumstances define the type of intervention that might work best. Successful projects include improving the overall education system in a particular country, targeting interventions, political commitment at a national and local level and community-based interventions which encourage parents to support education for their daughters. For there can be cultural barriers in families which do not encourage the education of girls. Yet girls’ education is essential to the success of a country in achieving education and development for all. It sets up a spiral of hope rather than despair.

Development is not just about economics. Education from an early age, especially for girls, enables development. The UN Convention on the Rights of the Child of 1989 has had enormous influence in focusing the right to education for girls and for all. The platform for action at the 1995 Fourth World Conference on Women in Beijing addressed the needs and rights of girls. Much has happened to improve educational opportunities for young people and for girls in developing countries. However, a UNICEF survey showed that, while a few children did not want to go to school, some had to stop school so that they could work. Lack of money is an issue and the need to help at home still affects many children.

DfID has supported education programmes in the developing world and long may that continue. This is not about what we get for a fiscal return. We all have a humanitarian duty to support the rights of children worldwide. While, of course, I appreciate the importance of early years education in the UK—there is still much to be done—I thought that it was important to draw your Lordships’ attention again to children who have fewer opportunities and less support. I do not expect the Minister to respond to these concerns. I am sure that he is concerned but it would be too much to expect him to take on yet another brief. I am content to have made the case for the importance of early years education in developing countries.

Schools: Pupil Premium

Baroness Massey of Darwen Excerpts

Wednesday 24th October 2012 Lords Chamber

Asked By

[Baroness Massey of Darwen]

To ask Her Majesty’s Government how the pupil premium will be monitored to ensure that it benefits individual children.

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

My Lords, we want to help schools to narrow attainment gaps. One way of doing that is through the pupil premium, which represents additional funding rising to £900 per pupil next year for children on free school meals. From this September, schools have to publish details of how they use their premium. My department publishes in the school performances tables information about disadvantaged pupils’ achievement. Ofsted has a closer focus on how the premium is used and on how it benefits pupils.

[Baroness Massey of Darwen]

I thank the Minister for that reply. I am sure he is aware that a recent Ofsted report states that very few teacher leaders think that the pupil premium has changed the way in which they support disadvantaged pupils. I understand from him that Ofsted will in future be asked to comment specifically on the use of the pupil premium. What effective measures will be chosen to assess those reports?

[Lord Hill of Oareford]

The principle that we are adopting generally in introducing the pupil premium is to leave discretion on how it is spent as much as possible to individual heads because they will know the circumstances of the children for whom they are responsible. However, the noble Baroness is right that those approaches that are working well—which we will discover through the publication online of details of how schools have done, through inspections by Ofsted and through spreading good practice through the education endowment fund—should be spread as widely as possible, with lessons being learnt from them.

Education (Exemption from School Inspection) (England) Regulations 2012

Baroness Massey of Darwen Excerpts

Tuesday 17th July 2012 Lords Chamber

In conclusion, I worry that schools can decline very quickly and that we might be letting some of their pupils down by this move. I worry that the needs of vulnerable children in schools might be overlooked because there will not be inspection in the future. Can the Minister give reassurance in his response to the debate?

[Baroness Massey of Darwen]

My Lords, I am very glad that my noble friend Lady Hughes of Stretford has put down this Motion of Regret. This is proving to be an important debate, quite rightly raising all manner of concerns. I find the notion of schools being exempt from inspection quite extraordinary and somewhat sinister. If this is about money, can we afford to downgrade excellence in education? Inspection is about checking on measures to improve quality in all aspects of school life.

I would like to pick up on some of the things said by the noble Earl, Lord Listowel. Inspection is not, of course, the only measure. I recognise that many schools have in place excellent self-assessment procedures. However, that is not the same as inspection. Who inspects the self-assessment procedures? I wonder whether the chief inspector’s risk assessment can kick in quickly enough or be rigorous enough. Regular inspection is something that many schools learn from; it makes them vigilant. My principal concern about exempting schools from inspection is that, as I know, the Minister must know and at least three other Lords have mentioned, schools can slip very quickly from being excellent, even good, to being not so good and not so excellent. I have known the loss of an inspiring head of department or an inspiring head teacher plummet a school into difficulties in less than a year. Deterioration of that kind can go unnoticed for a while but would not if inspection were in place.

School improvement partners were disbanded by this Government and not replaced. As a school governor, I found in south London that visits by the school improvement partner were a great help in examining pupil achievement and well-being, structural issues and staff training needs. That has gone. Where will the checks be? It is ironic that private schools are inspected regularly and thoroughly. Why will some state schools be exempt? This lack of inspection could well reinforce inequality. It is not fair on pupils and parents in state schools to remove controls on standards while they are maintained rigorously in the private sector.

I have seen good school inspection teams in operation. This is where I want to pick up on what the noble Earl, Lord Listowel, said. A good inspection team does not just pick up on academic achievement, although that is important. A good inspection team will recognise that some children have difficulty learning because of factors in their lives that inhibit learning, such as a home background that does not foster it. Schools must make good that deficit before children can take advantage of what the school offers. If they do not, and if they rely on developing self-esteem and overcoming disadvantage solely through literacy and numeracy, this has a profoundly negative effect on equality of opportunity. A Government who express a wish to overcome disadvantage should be ashamed to risk denying opportunities through negligence and through a lack of consideration for how schools are delivering consistently and appropriately for all pupils, including delivering on dimensions which are non-academic but which support learning.

I have just looked at the Ofsted subsidiary guidance issued to inspectors in January 2012. That guidance includes a spiritual dimension—the pupil’s perspective on life, their enjoyment of learning and so forth. It includes a moral dimension—the ability to recognise the difference between right and wrong and the consequences of actions. It includes a social dimension—co-operation and resolving conflict. It also includes a cultural dimension—responsiveness to artistic, musical, sporting, mathematical and cultural opportunities and exploring diversity.

Education is not education if these dimensions of learning are not considered, and they ought to be inspected. They are the less definable aspects of education. Inspection teams should look for a positive school ethos that fosters respect for others and respect for self. This ethos, embodied in and reliant on these less definable aspects and the dimensions that I have listed, can disappear even more quickly than academic achievement. It is terribly important to have inspectors go in, look around them and focus on the ethos of the school and the elements of learning that are essential to underpin all achievement.

I remember a discussion with the inspector for personal, social and health education. She had, in her reports, examples of good practice in different schools. That is another example of what inspection can do—to gather and share good work on all aspects of education. What a waste if that potential is lost.

I do not understand the logic of the Government’s thinking on these regulations. Good practice does not fear inspection. Inspection promotes vigilance and excellence. Excellence supports children in academic subjects and in personal and social well-being. I urge the Government to think again on this matter.

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

My Lords, we have had an interesting and wide-ranging debate. Many noble Lords have spoken with a great deal of passion. We have talked again about some of the issues that we discussed previously in Committee and on Report and we have talked about the whole question of inspection itself. A number of themes have been covered. I will concentrate my remarks on the Motion before us moved by the noble Baroness, Lady Hughes of Stretford. I will attempt to pick up on the points raised relating to that. If I fail, I will follow up any particular questions afterwards.

I think that it is fair to say that, although there is clearly disagreement between us as to the definition of “proportionate”, there is agreement in principle that having a more proportionate approach to inspection in itself is not a bad idea to pursue. But, as I say, there is a difference between what we mean by “proportionate”. I know that noble Lords opposite and others argue that “proportionate” means that all schools should be inspected automatically at least once every five years. I contend that “proportionate” means that so long as there are proper safeguards—obviously I will come back to that—it is possible that some schools can be exempt from routine inspections.

As I listened to the contributions this evening, a number of common themes emerged. The first was that schools can fail very quickly—how can we be sure that we will spot that? That was raised by the noble Baroness, Lady Hughes of Stretford, the noble Earl, Lord Listowel, and most recently by the noble Baroness, Lady Massey. How do you pick up failure? How will we share good practice? How will inspectors and others within the school system know what “outstanding” means and how will they learn from one another? The noble Baroness, Lady Morris of Yardley, asked to what extent the Government’s proposals were being driven by financial considerations. How will we know about safeguarding concerns? Is it right in principle that all schools should be inspected? I will come back and try to answer all those concerns, but I want briefly to put the Government’s overall changes in context, because that helps to explain why we are doing what we are doing.

Before Ofsted was established 20 years ago, back in 1992, we had not had regular inspection of all schools. There was no formal assessment of primary schools and there was no published performance information. The introduction of routine inspection was the start of a process of making parents and the public more aware of how schools were performing. Since then, as noble Lords are well aware, there have been a number of developments under both Governments which have led to much more information being available. Key stage 2 testing, for example, was introduced in 1994, performance tables were introduced for secondary schools in 1994 and primary school performance tables followed in 1996. As a result, today there is a huge amount of information available on how schools are performing. I very much agree with the point made by the noble Baroness, Lady Morris of Yardley, about having that information that we can share.

Schools: Well-being and Personal and Social Needs

Baroness Massey of Darwen Excerpts

Thursday 14th June 2012 Lords Chamber

[Baroness Massey of Darwen]

My Lords, it is always a great pleasure to follow my noble friend Lady Morris. I found myself nodding at almost every sentence she spoke.

I am delighted that my noble friend Lady Jones has given us the opportunity to debate these important issues today. I shall cover and echo some of the concerns of other speakers and, as the noble Baroness, Lady Miller, anticipated, I shall refer briefly to Rights Respecting Schools as a trustee of UNICEF.

Research and observation by teachers has long shown that if a child lacks emotional and social strength and does not have protective factors with which to encourage good physical and emotional health, and to resist negative influences, then he or she will perform less well at school.

The Joseph Rowntree Foundation report of 2010 pointed out that young people were more likely to do well at GCSE if they had belief in their ability, could examine their own behaviour and actions, avoided risky behaviour and did not experience bullying. Pupil well-being enhances academic achievement. As the right reverend Prelate said, it is not just about being nice; it is something a bit firmer—my noble friend Lord Layard echoed that.

As many have said, parents and families are vital in providing the foundations for well-being. Sadly, some families do not do that. Some children enter our schools deprived—materially, socially and academically—and schools have a hard job to make up that deficit. To their credit, many do. Families cannot provide all that is necessary to foster social skills. Being in a school sports team, singing together, playing in a music or drama group or creating a small business help social skills and self-esteem. Highly academic schools, such as Eton or Rugby, recognise that there is more to being successful than learning by rote. The deputy head of Rugby School said:

“As a parent, you don’t buy into a school like Rugby just for the academic education. You also want your child to develop skills for life. Personal social and health education is an important part of how the school measures that”.

I am very disappointed that the Government appear to have decided that personal, social and health education, PSHE, will not be mandatory in schools. It is not the only thing that develops well-being, as I shall discuss in a moment, but if the Government gave PSHE status, that would send a message that this area needs focus and organisation and is important for all children. PSHE would provide informed decisions about resisting pressure and working in groups. From that core, PSHE could radiate other aspects of well-being in school—for example on school policies such as bullying or school meals and the work of school councils and assemblies—in subjects across the curriculum and in programmes such as UNICEF’s Rights Respecting Schools.

I give an example. Bullying could be a focus of discussion in PSHE; it could be discussed by the school council; it could form part of an assembly; and it could be taken up in English or drama with a story about bullying or writing and role play about bullying. It is not just a body of knowledge, it is about the process of education and decision-making. Schools deliver education for well-being and personal and social needs in many ways. This delivery, like any school subject, should develop from simple concepts to more complex ones as the child matures. One-offs on diet, alcohol, relationships, safety and so on are not enough. They need to be reinforced year on year. That is why organisation is so important.

Many schools see the sense of that and are involved in the Personal, Social, Health and Economic Education Association’s charter programme, which draws on effective practice of PSHE as described in Ofsted reports and evidence from schools. A key to the success of programmes to foster well-being and personal, social and health education is their organisation in schools. Good organisation depends on school leadership taking it seriously and recognising that well-being is informed by self-evaluation and must be included in the school action plan. No child should be left to experience random, disorganised or non-existent education in personal and social development.

A positive ethos in school is, of course, also important: an ethos where bad behaviour is difficult and strategies implemented; where kindness and respect between everyone in the school is considered important; and where boundaries for conduct are clear and explicit. It is all very well to say that a school should have regard to well-being. It is another matter to make it a focus in the school.

That is why I believe that there should be a core subject of PSHE in schools and that it should not be isolated. I would be unhappy if a school had a programme that simply ticked off topics such as diet, safety, sexual relationships, drugs and alcohol. That should back up what is already going on in school, plug gaps and reinforce the development approach to learning for every child.

I go back to organisation and structure. Schools which take educational well-being seriously often have a senior member of staff to co-ordinate its aspects across the school: in the taught curriculum, in policies, in activities such as the school council and in out-of-school activities. Such a person can and does work with staff to deliver structured programmes. A school in Cheshire, the Sir William Stanier Community School, has created champions in each area that PSHE covers. That has motivated staff. Some schools have their own teacher training programmes. Some have a PSHE room where the school ethos and positive messages of that behaviour are reinforced. The Frederick Gough School in Scunthorpe has adopted a PSHE Association school charter and says that PSHE is regularly rated by parents and pupils as the most valued non-academic subject.

The Rights Respecting Schools evaluation said that school leavers were unable to identify specific investments that they had made in the Rights Respecting Schools programme because it is embedded in the school rather than separated from their other work. So it should be for the school’s contribution to personal and social well-being and development. It should be embedded in the whole school. All children can benefit from such an input from school. In particular, those children who do not have the advantage of caring and respectful homes may be encouraged to see life differently. It is an issue of equality as well as education.

I do not think that the Government understand what personal, social and health education is about. The Minister may; I know that the noble Baroness, Lady Walmsley, does; but it is not about skinning cats it is about nurturing cats. The Government are placing too much emphasis on topics and factual information and not enough on whole school processes which foster the well-being of children. I think that they are nervous about sex education, not recognising that this is about relationships and well understood by most faith groups. I do not understand why there is such a delay in producing a curriculum review including PSHE. We have examples from research, good practice, inspection and teachers of what helps pupils achieve in schools. Children need a firm basis of confidence, self-esteem and support, all inherent in a school’s contribution to well-being. I look forward to the Minister’s response to some of the issues raised today.

Schools: Parenting Skills

Baroness Massey of Darwen Excerpts

Thursday 17th May 2012 Lords Chamber

[Lord Hill of Oareford]

My Lords, many schools do precisely that. They might have Sure Start centres on the same site as the school. They often run programmes to involve parents and educate them more generally. My noble friend makes a good suggestion and I know that schools already undertake it.

[Baroness Massey of Darwen]

My Lords, perhaps I may ask two brief questions. First, how seriously are the Government taking the recent reviews on early intervention and social mobility? Secondly, when will we have the results of the review on personal, social and health education?

[Lord Hill of Oareford]

We certainly take those reviews seriously and, as I have said, we have already made some announcements and introduced new policies on the back of the recommendations that we received from Frank Field and Graham Allen. We are in the process of setting up, for example, the Early Intervention Foundation to help provide evidence for some of the policies that we have been discussing. So far as the PSHE review is concerned, I hesitate to raise this again—actually, I have not raised it; the noble Baroness raised it with me but we have been having this exchange for a long time. I know the delay is probably too long, and I know that that is what she feels. As she knows, the sequence is that we want to make our announcements on the national curriculum review, which we expect to do shortly, and then, on the back of that, it seems sensible to bring the PSHE review together with it—so the national curriculum will be first and, after that, the PSHE review.

Schools: Satellite Sites

Baroness Massey of Darwen Excerpts

Tuesday 27th March 2012 Lords Chamber

[Lord Hill of Oareford]

My Lords, I hope that I have already made clear the Government’s views on selection by ability. The noble Lord is right that one of our big challenges is to make sure that we do not continue to have the consequences that he outlined. That is one reason for our drive and focus on raising standards in the maintained sector. We will try to make sure that more good places are offered to children where money is not an issue.

One reason why we removed the limit on the ability of a good and popular school to expand was to make it possible for more children to go to the school. One reason that we want free schools is to increase choice in the system. Many of those schools are being set up in areas of the greatest deprivation. I agree with the noble Lord that overall we should make sure that, rather than talking about selection for a small number of people—which is a historic argument that we have had in this country for a very long time—our emphasis should be on trying to raise standards for the greatest number of children, of all abilities, and on doing what we can to narrow the gap between rich and poor.

[Baroness Massey of Darwen]

Will the Minister tell me what consultation takes place in a community to advise on the nature of a school in that area?

[Lord Hill of Oareford]

The statutory processes around selective schools that we discussed have not changed at all. Proposals are put forward, and there are consultations, representations and so on. That has not changed.

UN Convention on the Rights of the Child

Baroness Massey of Darwen Excerpts

Thursday 22nd March 2012 Lords Chamber

Asked by

[Baroness Massey of Darwen]

To ask Her Majesty’s Government when they will implement the commitment made in December 2010 that new legislation and policy will be assessed against the Convention on the Rights of the Child.

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

My Lords, the Government take their obligations under the UN Convention on the Rights of the Child very seriously and are implementing the commitment made in December 2010. The Government have used the home affairs clearance process to consider the implications of their proposals for children’s rights. The Minister for Children has also written recently to all government departments to reinforce this commitment, and departments are being given further guidance and support on the UNCRC in preparation for the next legislative Session.

[Baroness Massey of Darwen]

I thank the Minister for that response. However, does he agree that, despite that commitment, since 2010 only one Bill out of 11 has been scrutinised and child-proofed? Could he say what the barriers to such scrutiny and child-proofing are, particularly in light of the progress made in Wales and Scotland?

[Lord Hill of Oareford]

I agree with the noble Baroness that we need to make sure that the commitment that my honourable friend made in December 2010 is fulfilled. As we prepare for the next legislative Session, part of the way in which we do that is through some of the processes that I outlined. Specific guidance is being prepared by the Cabinet Office, and will go to all departments, on making sure that they take specific account of the UNCRC requirement when considering legislation. There is also a very snappy guide called the Guide to Making Legislation. Therefore, I hope that we will be able to move in the direction in which the noble Baroness wants us to move.

Citizenship Education

Baroness Massey of Darwen Excerpts

Tuesday 14th February 2012 Lords Chamber

[Lord Hill of Oareford]

I agree with my noble friend that we should want every child to be able to study citizenship. One aspect is the importance of knowing about voting, as my noble friend says, but there are many other benefits of learning about citizenship as well. The issue is not its importance as a subject but how it is best delivered in the curriculum.

[Baroness Massey of Darwen]

My Lords, does the Minister agree that there is a severe overlap between personal, social and health education, and citizenship? Where exactly do we stand in relation to the delivery of PSHE and citizenship? How will they both be inspected so that evaluations can be made?

[Lord Hill of Oareford]

I agree with the noble Baroness, Lady Massey, that there is an overlap between the two, particularly at primary level. On where we have got to with our review, I know that she is keen for us to get to the sticking point. However, because of our need to take into account the report from the expert panel, the timescale for responding has moved back a little and we need to dovetail the PSHE review with the overall national curriculum review. We will bring that forward in due course.

Education Bill

Baroness Massey of Darwen Excerpts

Tuesday 1st November 2011 Lords Chamber

[Baroness Jones of Whitchurch]

My Lords, Amendment 84A has a simple but fundamental aim—that is, to ensure that all teachers practising in the classroom have qualified teacher status. Until recently this was the case in all state schools but the Government have decided that this will not be a requirement for teachers in free schools. This was debated at length in Grand Committee and the need for teachers to be qualified, as I recall, had virtually unanimous support. For many noble Lords it was what I would colloquially describe as a no-brainer. During the debate the Minister said that the Government’s reasoning for this was,

“simply intended to allow the possibility of greater innovation at the edges of the maintained sector”.—[Official Report, 14/9/11; col. GC 227.]

He repeated this argument in a letter to me of 25 October. I do not think that many of us were convinced by this argument at the time. It was, with respect, completely lacking in evidence or justification.

The Minister then went on to argue in his letter that a skill in measuring the progress of each pupil and the delivery of good-quality subject materials were important elements of teacher training but that he,

“believes it is possible for a teacher to be proficient in them without having attained Qualified teacher Status”.

My simple challenge back to him is: how would he know? How would parents or even head teachers know if these people were truly up to scratch?

This issue goes to the heart of the professional standing of the teaching profession. Whereas most sensible participants in this debate—including the teachers—would argue that the challenge is to drive up standards in the classroom and increase professionalism, the Government seem to be pulling in the opposite direction.

In our earlier debate, a number of noble Lords contrasted the status of teachers with other professions. For example, we wondered whether allowing doctors in certain hospitals not to be qualified would enable “greater innovation”. We wondered what concerns colleagues would have about the standard of patient care in those circumstances and what would be the impact on successful treatment rates. Of course, you can make a similar analogy with other professions.

It is difficult to see why positive innovation is more likely to come about where people are not trained to the required standards in their profession. It is all too easy to see, in the case of unqualified teachers at free schools, how cohorts of children could be failed by teaching quality below the expected level of a qualified teacher.

Our amendment in part is about the Government showing to the teaching profession that they value and want to build on the professionalism in the sector. More than that, it is about ensuring standards in what we believe is one of the most important jobs that it is possible to have. It is in the interests of us all that the next generation is taught to a high standard by trained professionals, and it will do us all a disservice if it is not.

As I mentioned in Grand Committee, the reasoning for the Government’s position is unclear. I noted that the Secretary of State had said of free schools:

“We want the dynamism that characterises the best independent schools to help drive up standards in the state sector … In that spirit, we will not be setting requirements in relation to qualifications”.—[Official Report, Commons, 15/11/10; col. 623.]

I question the presumption that a highly performing independent school is the result of the fact that its teachers do not need to be qualified, although of course many already are. Surely the more significant factors are those such as selection processes and smaller class sizes.

If the Government are serious about building on the successes of the previous Government in raising standards of teaching; if the Prime Minister and the Deputy Prime Minister are serious when they say in the White Paper that is indeed called The Importance of Teaching,

“no education system can be better than the quality of its teachers”;

and if the Government seriously want to learn from international best practice, about which the OECD says:

“many of the high performing countries share a commitment to professionalised teaching”,

how can the Government at the same time say that in some of our schools teachers do not need to be qualified to teach? As the noble Lord, Lord Storey, argued in Grand Committee, it is almost Dickensian.

As colleagues rightly said in Committee, we are not saying that everyone who stands in front of a class should be qualified. I recognise that, for example, trainee teachers are and should be permitted to teach as part of their training. I accept the points made that people without teaching qualifications, such as teaching assistants, add real value to the classroom and make a difference to children’s lives. What is important and what our amendment aims to achieve is that the progression of each pupil should be overseen by someone with a teaching qualification.

It is a basic right of pupils to be taught by a qualified teacher. Parents expect it and the teaching profession seeks it. There is no research or evidence to show that pupils will benefit from this change. I hope noble Lords will feel able to support our amendment. I beg to move.

[Baroness Massey of Darwen]

My Lords, I am seriously concerned about the issue of having non-qualified teachers in a classroom. Qualifications for teaching are not just about being qualified to teach maths, science or languages; they are about having some knowledge of child development. It is crucial for teachers to learn about how children grow, how they learn to think and how they learn at different ages. It is different if a parent or grandparent goes into a classroom to hear children read or other such activities. Those people are under supervision and fit in with what the class is doing anyway. I would not like someone who was not qualified to be teaching chemistry or physics. It seems quite a dangerous thing to happen. I certainly would not allow into my house an electrician or a plumber who was not qualified. Why would we allow people who are not qualified to teach children? My young nephew recently trained to be a soccer coach for young people. He had to learn not only the skills of teaching soccer but various techniques of teaching as well as first aid. Having non-qualified people in classrooms could miss out all those extra things that teachers learn.

I have some questions for the Minister. How will these non-qualified teachers be recruited? Who will they be? Supposing that they were predominant in a school, what kind of education would those children receive? This is a very serious issue. I look forward to the Minister’s response.

[Baroness Walmsley]

My Lords, the noble Baroness, Lady Jones, used the analogy of unqualified doctors in a hospital. While we are not talking about life and death here, we are talking about life chances. I know that the Government have an enormous respect for teachers and a genuine intention to improve the professionalism of teachers right across the board, but I have some questions about how this particular freedom would work. For example, would there be a maximum percentage of people teaching children in a free school who did not have a teaching qualification? How would the number of people teaching in a free school without a qualification be monitored? Would there be continuous professional development to make up the gap identified by the noble Baroness, Lady Massey, when someone might be particularly good at IT or a particular modern language, which have been used as examples by the Government, but had not had that training in child development and classroom management—another very important thing taught in teacher training? How will the Government monitor this and make sure that the standard of what the children in schools receive is of the highest? That is what matters in the end. It does not matter so much what is written on a piece of paper as long as those children who walk through that school door get a good offer from the school.

I hope that my noble friend the Minister will answer all those questions. It has been said that this is envisaged to operate in the margins of maintained schools. That may be all very well, because plenty of different people who come in to contribute to children’s experience in schools do not have qualified teacher status. We all understand the importance of the direction of teachers and their overall experience in the school. I would not want them to be operating any more than in the margins of the teaching workforce in any particular school. I hope that my noble friend the Minister can answer those questions.

--- Later in debate ---

[Baroness Turner of Camden]

I shall speak also to the amendments in my name with which Amendment 85 is grouped.

I am attempting to follow up something which I began in Committee: I am endeavouring to protect the position of teachers in religiously designated schools from having religious views and requirements imposed upon them which they may not support. I am a secularist but I agree with the rights of both the religious and the non-religious. I accept that faith schools exist and are provided for in our legislation. My amendments do not alter that.

I commended the previous Government when they first introduced academies that they also provided for the appointment of what is known as reserve teachers, who could be expected to teach religious education and instruction and to abide by the religious ethos of the school. They were, however, limited in number to one fifth of the teaching staff. The other teachers did not have to comply with this and there was no requirement that the head teacher should be a reserve teacher. It did not seem to me that these requirements under the Bill would apply to other schools, such as foundation or voluntary schools of a religious character, and my amendments in Committee were intended to do that. I have since studied what the Minister said in reply. I have had the opportunity, for which I thank him, of meeting him and his officials and I have made available to him a legal opinion supplied by the secular association. As a result, I have dropped some of the amendments I introduced in Committee and have attempted to concentrate on what I think spells out the best way of complying with the advice I have received and the requirements of European law.

The first amendment seeks to give explicit statutory protection to teachers in community schools that become academies from being required to teach religious education. Many teachers with decades of experience do not wish to teach RE and there is no reason why they should lose the protection afforded to them by this section of the School Standards and Framework Act because of a change of the type of school.

The next amendment, which is in two parts, makes it clear that while preference may be given in connection with the appointment, remuneration or promotion of teachers at a voluntary aided school on the basis of religious belief, this is only to the extent of it being justified as an occupational requirement having regard to the school’s religious ethos. The second part provides that while termination or engagement of a teacher may have regard to compliance with the tenets of the religion involved, discrimination is nevertheless prohibited on grounds not allowed under our equality legislation, such as in relation to sexual orientation.

The third amendment will put into legislation the commitment that the Government have already given that academies which were originally voluntary controlled schools should go through a consultation process similar to that in the maintained sector before being allowed to gain staffing and governance arrangements similar to those in voluntary aided schools.

This may sound complicated because reference has to be made to legislation that already exists and the various schools concerned. However, basically it is quite straight forward. I want to ensure that teachers with no or perhaps different beliefs are not discriminated against as the Government and the previous Government provided quite specifically for faith schools to be able to discriminate in favour of teachers who share their religious outlook, but in line with specific arrangements and limitations on numbers, to which I have already referred. Otherwise, teachers will be recruited and employed on the basis of their ability to teach their particular non-religious subject and are no way discriminated against.

My impression when I met the Minister and his officials was that these views were not opposed by the Government. I hope therefore that my amendments can either be accepted—if the Minister accepts the ideas involved—or perhaps he could produce alternative wording. As I have already indicated, the advice I have received indicates that my wording is in line with our own equality law and European law.

Amendment 88 is grouped with my amendments and my noble friend will no doubt speak in favour of it. I fully support it. In the mean time, I beg to move.

[Baroness Massey of Darwen]

My Lords, I will speak to Amendment 88 in this group. I support my noble friend Lady Turner in her previous amendments. She has explained the issues very well and I know that she has had extensive consultation with the Minister on them. We have heard most, if not all, of her arguments before and I think that they are very powerful. I know that there is some sympathy for her arguments among various faith groups. While the issue is about religion, it is mainly, I think, about fairness and discrimination.

In Amendment 88, my chief concern is the fostering of segregation in schools on the basis of religion. The change proposed by the Education Bill will make voluntary-aided faith schools the most attractive option to religious groups seeking to set up schools because they will be the easiest to set up. This is especially so if the local authority is readily in favour of the school, in which case proposals would be extremely likely to succeed. It is hard to see how this change is justified in light of the drive towards free schools and the fact that free schools cannot religiously discriminate in admissions for more than 50 per cent of their intake. Surely this is a reflection that faith-based admissions criteria should be curbed, not increased. This will increase religious segregation in admissions, extend discrimination against staff of no religion and increase the number of schools teaching faith-based religious education. I believe, as does the noble Baroness, Lady Turner, that all schools should include and educate all pupils together so that they can learn from each other instead of being segregated on religious and other grounds.

[The Lord Bishop of Oxford]

My Lords, Amendment 85, proposed by the noble Baroness, Lady Turner, seeks to make it plain that religious criteria may not be used to employ staff in academies without religious designation or to make it obligatory to teach RE in such a school. That seems to me to be unexceptionable and I wonder why the amendment is needed. If it seeks to achieve a result that we would all agree with, it does not seem to me to be necessary. Like all independent schools, academies may use religious criteria in employment only when they are designated as a school of religious character or when a genuine occupational requirement, such as being a chaplain, is shown. Amendment 85 seems to me to be unnecessary at best and potentially confusing at worst.

In my view, Amendment 86 is more serious because it seeks to impose the genuine occupational requirement regime on to voluntary-aided schools, although strangely not on academies, as I read it. The occupational requirement is a substantially lesser power than that which currently pertains for VA schools and I believe that it is inadequate to protect these schools’ faith-based ethos. Noble Lords will appreciate that the faith-based ethos of the school is central to its character and to its performance, which are closely linked. It is particularly important that the leadership of the school is on board with the foundation of faith, because from the leadership flow the shape and character of the school and from that character flow the performance and the standards of the school. We might also note that the commitment to the religious character of the school is necessary in order to fulfil the terms of the trust, which lies behind the school operating on that particular land. That is basic trust law, so we need to keep in line with that.

I assure noble Lords that the governors’ powers of appointment are used with considerable flexibility, sensitivity and discretion. It is far from the case that all staff are from the relevant faith background. Schools want the best person—the best teacher—and the faith commitment of a teacher is only one of many criteria. Local factors are always relevant. I also think that the risks of discrimination are much exaggerated or overstated. I have been able to find hardly any evidence of discrimination in practice. Why would a teacher entirely opposed to the faith basis of a school want to teach in that school? The dual system ensures that, for teachers and other staff, there is always a choice of schools of a different character.

Amendment 86 also seeks to prevent religious reasons being used as a proxy for other kinds of discrimination. Sexual conduct is what the noble Baroness, Lady Turner, will have in mind. I am shocked at the very thought. Let me be absolutely clear: sexual orientation is not relevant and may not be taken into account in employment in a Church of England school. Sexual conduct can surely be taken into account in cases of alleged misconduct, and absolutely in the same way in relations between the opposite sex as the same sex. I therefore believe that Amendment 86 should be resisted.

Amendment 87 seeks to impose a consultation if Section 124AA is to be disapplied by the Secretary of State, thus enabling a VC converter academy to have the employment powers of a VA converter academy. We understand that the Secretary of State will require a consultation anyway as a matter of guidance or of regulation. That is surely fine. There would have to be a consultation if a voluntary-controlled school wanted to become a voluntary-aided school. However, I suggest that it would be better to leave that matter for guidance rather than for legislation, especially in the light of the requirement by the noble Baroness, Lady Turner, that the Secretary of State have regard—that strange phrase—to the consultation, because goodness knows what that will be seen to mean in later years. I believe that this amendment should also be resisted.