Education Bill

Baroness O'Cathain Excerpts

Wednesday 26th October 2011 Lords Chamber

I do not want to delay the House any longer; I know that we have been going on for a long time. However, I hope that the Minister and his colleagues will find some way of ensuring that these elements, which make a great difference to how children learn, can be included. He has heard me say time and again that unless a child has a secure environment, either at home or in school—where it can be made up if it is not there at home—he or she will not learn. All the research on issues to do with thriving shows it. That is what we are about: getting children a good education and making them happy.

[Baroness O'Cathain]

My Lords, I wish to speak against the amendment for two reasons. First, I am concerned that, as has already been mentioned, it will add to the range of issues that already exist for assessment by school inspectors. In Clause 40, proposed new subsection (5A) indicates that Ofsted must focus on,

“the achievement of pupils at the school”,

and so on. I will not read it because we do not have the time but I refer to new paragraphs (a), (b), (c) and (d). The noble Lord, Lord Hylton, drew our attention to the fact that Ofsted must also consider the overarching framework, encompassing,

“the spiritual, moral, social and cultural development of pupils at the school”.

The same proposed new subsection also expects schools to provide for a,

“range of pupils at the school, and in particular … pupils who have a disability … and … pupils who have special educational needs”.

That is all in the Bill. It is all good and I am sure nobody would disagree with any of it.

My second reason for opposing the amendment is that, according to the amendment, it would require Ofsted to assess sex and relationships education in every state primary school. This is strange because, until now, primary schools have not been required to teach sex and relationships education. It is not a statutory national curriculum subject for primary schools. However, the amendment refers to all state schools, which encompasses primary schools.

I have a seriously worrying concern. Even now local councils and other public bodies are promoting wholly unsuitable resources for primary schoolchildren. At least, I take it that they are primary schoolchildren because the materials say that they are suitable from the age of five and a half. To my mind, that means primary schoolchildren. These materials are often recommended by the Sex Education Forum. Many noble Lords have already said that they have seen excerpts from this material. I have received e-mails reporting that where such material has been used, the children have been traumatised. Amendment 80 does not directly make sex and relationships education a national curriculum subject; it takes a different approach. Instead, it requires Ofsted inspectors to report on the delivery of PSHE, including sex and relationships education.

The amendment will apply unfair pressure to primary schools. Conscientious teachers and governors may feel under pressure to teach sex education when they would otherwise judge that it was not in the interests of their pupils. Primary schools will obviously fear being marked down in their Ofsted report if they are not using materials recommended by influential bodies such as the Sex Education Forum. How can they know—

[Baroness Massey of Darwen]

My Lords—

[Baroness O'Cathain]

Please let me finish my argument. How can they know what view a particular inspector will take? The amendment refers to assessing,

“the age and stage of development of the pupils”,

but is that practical for Ofsted in this contentious area? With everything else that is involved in an inspection, how can inspectors closely examine the sex education resources of any individual school? At present, local school governors and head teachers are responsible for making such decisions; they should be allowed to continue to do so.

I note that Amendment 80 would require Ofsted to report on how many parents are involved in the delivery of sex and relationships education but this is not the same as consulting parents as a whole. We genuinely need to empower parents. The government guidance issued in 2000 strongly advocates consultation with parents, yet all too often this does not occur. Yesterday there was a debate in the other place, in Westminster Hall; I recommend reading Commons Hansard, cols. 40 to 41WH, in which a lot of disquiet is expressed about this. Parents are busy people and trust schools to get on with teaching. However, many of them are unfamiliar with the sort of sex education resources being used. They need to be given a legal right to be consulted and to view resources in advance. This should not just be in guidance—it should be a legal right. In the mean time, this amendment is definitely a step in the wrong direction.

[Baroness Massey of Darwen]

Could I make two comments? First, would the noble Baroness agree that school governors have a significant role in overseeing teaching materials? Secondly, would she also agree that school inspections would protect children and prevent the materials that she describes getting into and being used in schools? That is the purpose of my amendment.

[Baroness O'Cathain]

I am very glad that the noble Baroness has said that. On the first point, I know quite a few school governors who will not have the time to look at these things in depth, so I am not sure that we could guarantee that some of these materials will not pass them by. On the second point, we know how infrequently Ofsted carries out the inspections in some of these areas so I would not want to leave it to that. There should be a legal requirement for parents to be able to see those materials.

[Lord Clarke of Hampstead]

My Lords, I hope that, at this late hour, the Government will firmly reject this amendment. I have no reason to quarrel with the integrity of the people who have proposed it, some of whom I have known for many years. I believe that they are blessed with the intelligence to put forward what they think is the right thing. Like wider roads, stronger beer, motherhood and apple pie, you could say snap to most of the amendment. What has been said about bullying and civic learning is absolutely clear. However, I have been here long enough to know that when someone says that something should be included in a Bill you have to be careful.

The amendment is actually saying that a school inspector “must”, not “could” look at the type of school and what its policies are. That is where we have a problem. There will be some schools that do not have a policy on the subject that has exercised us for most of this debate. Most schools make up their minds through the governors and parents, or through whatever consultation they have, and they make their decisions. If the amendment is carried, the chief inspector must ask those schools the questions and will have to report on them. In most areas the report would be clear.

The right reverend Prelate the Bishop of Ripon and Leeds referred to the Government’s intention. However, it was only two days ago that the Minister was able to tell the House, at col. 543 of the Official Report, that the Government had no intention of changing the policy on sex education. I thought to myself, “That is good. There is no need for the proposed new paragraph because we have heard a clear statement from the Government”. I welcomed that at the time.

I am not influenced by hundreds of letters. I was not influenced by them on fox hunting and all the other issues that attract a deluge of correspondence. I admit that I did not receive much teaching because I left school at the age of 14, but I was taught to think for myself. It is wrong to put words in the Bill that could force people in certain circumstances to do things that they do not want to do. Therefore, in the event of a Division, I shall vote against the amendment—although reluctantly, because I recognise the integrity of those who are proposing it.