Schools: Non-attending Pupils

Baroness Morgan of Ely Excerpts

Tuesday 12th November 2013 Lords Chamber

[Baroness Morgan of Ely (Lab)]

My Lords, I should like to pay tribute to the noble Baroness, Lady Brinton, for ensuring that this important issue is debated today. I should also like to pay tribute to the tremendous efforts made by schools and teachers up and down the country, who work tirelessly to educate our children, often despite the efforts of many ill disciplined and disruptive students to put them off.

Every child matters, yet there are times when exclusions become necessary. The child, however, must not then be deprived of education. We on this side of the House understand the critical importance of discipline. It provides a bedrock for sound learning. We also understand that there are times when there is a need, for the sake of discipline, to exclude pupils from school. The vast majority of teachers do everything they can to ensure that pupils get the best start possible. I particularly applaud the efforts of teachers and head teachers on the reduction in the number of children who have been officially excluded from school over the past few years.

We are, however, concerned by the increasing number of children who have been informally excluded—or, to put it another way, illegally excluded—from school. I say “illegally” because the rules on informal exclusions are absolutely clear. The rules state that if a child is excluded from school in any way at any time, this should be formally recorded. A due process has to be followed, which includes a referral to the board of governors. A child can be legally excluded only for disciplinary reasons. Head teachers must tell parents and carers formally, in writing, why their child has been excluded and for how long.

Guidelines have also been set for what kind of activity would lead to exclusion. It states clearly that a school cannot exclude children because it feels it does not have the resources to deal with them or because it believes a child needs time to cool off. The guidelines specify that any exclusion of a pupil, even for a short period, must be made and recorded formally. Are the rules being followed? The answer to this, according to the Children’s Commissioner for England, which published a report on this issue in April, and according to the charity Contact a Family, which published a separate report in February, is a resounding no. The Children’s Commissioner for England has found evidence to suggest that one in 10 secondary schools is forcing pupils to stay away from lessons but failing to record the punishment formally in the register.

The problem seems to be that many head teachers simply do not realise that asking parents to collect a child at lunchtime to cool off, or to keep them at home for a few days, counts as exclusion. There is increasing evidence to suggest that head teachers use this as a method to exclude children for minor misdemeanours, such as larking around in the classroom, breaking uniform policy or a bad haircut. Some academies are attempting to avoid scrutiny of their exclusions by external independent appeals panels and are refusing to hear appeals from parents. That right has been removed. Part of the problem is that we cannot be sure of the scale of the problem. Is the Department for Education collecting figures or monitoring local authorities’ and academies’ performance on this issue?

According to the Children’s Commissioner, the scale of illegal exclusions is enormous. Who is affected by this? As the noble Baroness, Lady Brinton, mentioned, children with special educational needs, disabled and bullied children and poor children feel the brunt of these exclusions. According to the charity Contact a Family, 22% of disabled children are illegally excluded at least once a week and 15% are illegally excluded every day for part of the day. Pupils with special educational needs are eight times more likely to be permanently excluded than their peers. Pupils with SEN statements are seven times more likely to be excluded while those without statements are nine times more likely to be excluded. More than two-thirds of all permanently excluded children have some form of identified SEN. It is clear that informal exclusions now follow the same pattern.

Of course, it is not just the children who are affected. Parents also suffer as they often feel constantly on call. Many have to drop everything to pick up their children. That means it is impossible for them to hold down a job, forcing them into further poverty, according to the Children’s Society. Parents are often afraid to take on the school and challenge illegal exclusions because of the impact that might have on their child’s school record.

If we know this is happening, why is nothing being done about it? Who is responsible for enforcing these rules? Ofsted is the lead body responsible for policing these policies but its sanctions on the issue are mixed in with an assessment of the school as a whole. It would seem highly unlikely under the present system that this one issue would have a dramatic impact on the overall assessment of the school. It is very difficult for Ofsted even to know that these temporary exclusions are happening as they are not recorded. Local authorities have a duty to provide full-time education to children, but in the face of tremendous budget cuts imposed by the coalition Government, the resources that local authorities have to police this problem and to track these cases are being put under increasing pressure. There is a responsibility to educate but the follow-up of excluded children is sporadic at best. If the issue is as large as the Children’s Commissioner suggests, and if we know that these actions are illegal, how does the Minister intend to tackle this issue? Currently, it seems as if there are very few sanctions for illegal exclusions.

It is right to dwell on the consequences of illegal exclusions on children. Informal exclusion means that children are more likely to fall through the education net. If local authorities are not informed, children are unlikely to be given the statutory schooling that they have a right to receive. Once children fall behind, it is very hard for them to catch up and they are likely to become even more disruptive. Their chances of finding a job are diminished and they are forced on to the state and the taxpayer for support. Fixing this problem early is therefore an economic imperative for the country.

Could the Minister answer the following questions? Does he agree that head teachers and teachers should be given training and guidance on the rules, so that they are aware that informal exclusions are in fact illegal? Part of the reason for unofficial exclusions from school is the lack of the teachers’ ability to instil discipline and manage behaviour. These skills are taught to teachers with teaching qualifications but we are deeply worried that the Government are allowing unqualified teachers into schools on a permanent basis who have not had this training. Does the Minister believe that we should look to best practice and encourage schools to ensure the professional development of school leaders, teachers and trainees, including formal teaching qualifications that teach strategies to create a good learning environment and prevent exclusions?

Will the Government reinstate the independent appeals panel for illegal exclusions? The Education Act 2011 removed the right of parents to appeal to an independent appeals panel against permanent exclusion. That has been replaced by an independent review panel with reduced powers that cannot require a school to reinstate a pupil it judges to have been unfairly excluded. Will the Government issue further, more specific guidance on the principles of exclusion thresholds? For example: “Exclusions should happen only to protect the health and safety of pupils and prevent disruption of learning”. This would stop schools excluding children for having a bad haircut or for other trivial reasons. That is happening today in our society.

As I mentioned at the start, schools should be congratulated on the reduction in the number of formal exclusions over recent years but there is a danger that the problem is simply being displaced to children being informally excluded from schools. The Government need to nip this issue in the bud and save these children from a life of disruption and exclusion. That will not happen unless there is a sanction against those who transgress the rules.