Academies Bill [HL]

Baroness Morgan of Drefelin Excerpts

Wednesday 7th July 2010 Lords Chamber

[Viscount Eccles]

My Lords, I start by saying that I was nothing like so fortunate behind the bicycle sheds as the noble Baroness, Lady Gould.

I have been waiting to hear what the House thinks the reaction of the teachers would be to making this a statutory requirement at this particular moment. There was a report done by the Merits Committee and the noble Lord, Lord Knight, gave the committee his evidence on two occasions, written and spoken. The memorandum submitted by the Association of Teachers and Lecturers said:

“In the recent past, too many professional judgements about curriculum, assessment and pedagogy have been removed from teachers and placed in the hands of ministers, government departments and agencies”.

It went on to say that this,

“shows a lack of trust in the profession and a denial of complexity”.

The whole House is agreed with the objectives of the noble Baronesses opposite and the objectives of my noble friend Lady Walmsley. The teaching profession is in agreement with those objectives as well. The question is how you best get those objectives achieved; in my submission, that will not happen by including a statutory requirement in this Bill.

[Baroness Morgan of Drefelin]

My Lords, it is with great pleasure that I rise to support my noble friends Lady Massey and Lady Gould. I was also particularly moved by the remarks of the noble Baroness, Lady Howarth. It is extremely important that, if my noble friend chooses not to divide—and I do not know what her choice will be—we hear from the Minister what practical steps the Government will take on this key agenda. I was interested to hear again from the noble Baroness, Lady Walmsley, her exultation about the work of the previous Government around the proposals contained in the Children, Schools and Families Bill, which were removed on the specific request of the Conservative Opposition, as the noble Lord is aware. Before the election we had a set of principles and proposals that commanded the support of a significant part of the coalition Government and of a great number of noble Lords across the House.

My noble friend Lady Massey came forward with a very thoughtful proposal; she did not just reproduce what was in the Children, Schools and Families Bill, which the Government can do at any time just by going back to the filing system or doing a cut and paste. Here we have a practical step forward for going forward in this Bill. That is why I should like to have the opportunity to support the amendment. I see no reason why we should delay. Noble Lords have raised concerns about the numbers of teachers qualified to teach PSHE, but we have been reassured on that. There have been concerns about whether we are talking about teaching sex education to children inappropriately in primary schools. In all the debates we have had there have been umpteen reassurances about age-appropriateness. I do not think that this should be a party-political issue. It is very much a House of Lords issue, as it is very much something that the House of Lords has debated many times. We came up with a very constructive way forward only a few months ago. There is no good reason for us to delay any further.

If the Government want to bring forward any tidying-up amendments at Third Reading, that is very much in their gift. It can be done. We are all behind the principles that the noble Baroness, Lady Walmsley, described, which were in the previous Bill. They are great—yes, we could see those come forward at Third Reading. I see no reason to delay, as this is about common sense and supporting the professionals. I am delighted that they gave my noble friend Lord Knight a standing ovation when he addressed the professionals in this field. We can get on with this. It is a regret of mine that it took us, in a Labour Government, as long as it did to consult and come to consensus and to the settlement that we did. It took us a while, so let us not take any longer.

[Lord Hill of Oareford]

My Lords, we had a very good debate on this subject in Committee, a slightly longer debate than the one that we have had today. We have had another very good debate this afternoon. I had the chance last week to meet Peers with a particular interest in PSHE and was grateful for their advice. I join others in paying tribute to the noble Baroness, Lady Massey, for the way that she has pursued this issue, as have my noble friend Lady Walmsley and many other noble Lords from all parts of the House. I have learnt a lot from noble Lords in the process, not least about knitting from the noble Baroness, Lady Massey—a reference lost on those who were not here for the Committee stage.

What is clear to me, who comes relatively new to this debate, is that there is broad agreement in this House on the importance of PSHE. Nothing has been said today by anyone from any part of the House that would disagree with that. There are differences of opinion about the best way forward. This evening the question is relatively simple and straightforward, so I think I can be brief. This is an important and broad subject. Should we, as this amendment argues, make PSHE a compulsory requirement for academies alone as one distinct set of schools and should we act now? Those are the two main questions that have been debated this evening. I would argue not. First, as others have said, I am not convinced that singling out PSHE in primary legislation is the right way to go. Secondly, I would argue, as a number of noble Lords have argued—it was argued very persuasively by the right reverend Prelate the Bishop of Lincoln—that the best place to consider these issues is in the round, when we get the chance to look at the whole question of the national curriculum later in the year. Noble Lords have already mentioned that we are carrying out a complete review.

In response to the question from the noble Baroness, Lady Murphy—

--- Later in debate ---

[Baroness Walmsley]

My Lords, Amendment 10 arises from our debate in Committee about the impact of the new legislation on the early years. The Bill remains ambiguous about the care and education of young children and needs specifically to reference the Childcare Act 2006, which establishes the EYFS framework in law. The purpose of this amendment is to ensure that young children in academies are guaranteed the same balanced, age-appropriate and play-based standard of care and education under the early years foundation stage as children in maintained and independent schools.

In Committee the Minister said:

“I would suggest that the amendment is unnecessary because academies are already required, under the Childcare Act 2006, to provide the early years foundation stage. That is spelled out explicitly in their funding agreement. This stage is more than just a curriculum, as it covers much broader outcomes for very young children, including issues such as social skills”.—[Official Report, 28/6/10; col. 1570.]

The Early Childhood Forum, which has been briefing me on this matter, very much welcomes the Minister’s positive statements about the EYFS. I also welcome Minister of State Sarah Teather’s announcement a few days ago that the early years foundation stage is to be reviewed. I called for this in my speech in Committee, though I do not think her announcement was simply in response to my speech. I am delighted that the Minister stated that it is the Government’s intention that academies should implement the EYFS. However, I am still concerned that the Bill makes no reference at all to the EYFS, and that furthermore the Childcare Act 2006, to which the Minister referred, contains no reference to academies. This seems to leave an ambiguity in the law that could be easily rectified via this amendment.

Academies do not have to follow the national curriculum for primary and secondary schools. The only reference in the Bill to the curriculum is to Section 78 of the Education Act 2002, which has no application to the education of those aged under five, since the Childcare Act 2006 amended the Education Act before it and removed any reference to nursery education. The Childcare Act 2006 establishes the EYFS as the framework for the care and education of children from birth until the 31 August after their fifth birthday, and which all those registered on the early years register and maintained, approved, non-maintained, independent and special schools must deliver. Under the law, all these providers must meet the legal welfare, learning and development requirements as set out in Section 40 of the Childcare Act 2006 and its associated regulations.

Existing academies are not referenced at all in the Childcare Act 2006. This is an understandable omission as, although there are a number of all-through academies providing education for three to 18 year-olds, until now academy status was available only to secondary schools. The Bill extends academies to many more young children and therefore needs to be unambiguous about the approach to be taken to their education and care. It is clearly not the Government’s intention to exempt academies from implementation of the EYFS. The Early Childhood Forum is concerned that academies do not fall into any of the categories of school referenced in the Childcare Act 2006. It has tried to clarify this matter with officials but they have not replied to its phone calls. Perhaps they were in purdah, pending the Minister’s statement the other day about the review of the early years foundation stage. However, it would be helpful to know the Government’s understanding of where academies fit in the framework of that Act. Perhaps this might have been sorted out if officials had responded to the Early Childhood Forum. I may not have needed, in that case, to table this amendment. It would also be helpful to know how many of the current all-through academies provide education for under-fives and whether they all currently implement the early years foundation stage as they should.

There is some confusion about whether the Government consider academies to be independent schools in law. Clause 1 refers to academies as “independent”, but it also sets out that they are to be funded directly by public money through the Secretary of State. The Independent Schools Council membership criteria determine independence through the individual school’s inspection regime, with members having to be inspected by the Independent Schools Inspectorate. However, academies—as far as they are to be inspected at all—will be under Ofsted. Noble Lords can perhaps see the confusion.

The early years foundation stage is based on the best evidence that we have from research and experience of what is most effective in helping children to develop physically, intellectually, emotionally and socially. The amendment would create parity and balance in this new legislation that matches the reference to Section 78 of the Education Act 2002 on the curriculum for those aged over five in Clause 1. I urge the Minister to accept it or to explain very clearly why it is unnecessary. If he accepts that there is a problem in the Bill and its relationship with the Childcare Act, I hope he will not ask us to wait for the pending early years foundation stage review. This would mean that primary academies and the young children in their care would be left in limbo and outside the current main framework until then. If the outcome of the review is a fundamental change, the Childcare Act would need to be amended in any case, and the legislation on academies would be resolved alongside that for all the other types of school. I beg to move.

[Baroness Morgan of Drefelin]

My Lords, I added my name to this amendment. From listening to the speech of the noble Baroness, Lady Walmsley, I think I have had exactly the same briefing as her. I simply wish to say “ditto”.

I am slightly concerned that in some things we need to rush ahead with, and in others to hang back from, reviews. It is very important for the Early Childhood Forum and the incredibly important organisations that make up the forum to have the kind of reassurances that the noble Baroness is looking for. The early years foundation stage was a very important step forward. The previous Government initiated it, and it has been well received. It is important that we build on the work of the early years specialists. I look forward to hearing what the Minister has to say.

[The Earl of Listowel]

Briefly, I support this amendment. The Government recently expressed some horror at the number of prisoners we now have in our prisons. It made me reflect on how many inquiries have pointed to problems within our families. When one does not provide good boundaries within families and a secure upbringing for children, and when schools are quite chaotic, it does not surprise me that there is so much offending among young people or that we have overcrowded jails. It seems to me fairly apparent that if one does not set boundaries early in life, society is left setting boundaries later in life, at great expense to itself. Therefore, it is imperative to get all the right support for children early on. This is an important area. I look forward to the Minister’s reassurance that the early years foundation stage will be delivered in these schools.