GCSE and A-level Results: Attainment Gap

Baroness Penn Excerpts

Thursday 8th September 2022 Lords Chamber

[Baroness Blower (Lab)]

My Lords, I commend my noble friend for securing this debate about regional inequality. It also raises the question of the value of GCSEs and A-levels. On the regional point, perhaps the most significant issue that I will raise is that of child poverty, which is up in the north-east by seven percentage points since 2010-11, against a background of it having begun to improve at one stage. Teachers never advance poverty as an excuse for lower attainment, but it can be a significant contributing factor. Attempts to narrow the attainment gap in the past decade or more have resulted in an ever-increasing narrowing of the curriculum and an ever-sharper focus on exam results, which has tended to leave many children, but poorer children in particular, with a less exciting and inspiring school experience.

In a recently published Times commission report, Michael Barber makes a proposal that I believe he picked up from the National Union of Teachers during his employment there: all primary schoolchildren should have what he calls a “bucket list”—I prefer an “entitlement” —of theatre trips, museum trips and sporting activities, and for secondary pupils he has an even longer list. Every child could and should access opportunities out of school that parents with the will and the means offer their own children.

Commentators have observed that there is potential everywhere but opportunity is far more restricted. The Times commission report, entitled Bringing out the Best: How to Transform Education and Unleash the Potential of Every Child, provides a trenchant critique of many aspects of our education system as it is at present, but it also offers much by way of practical policy suggestions and an optimistic vision of what education could and should be like.

So to the issue of GCSEs and A-levels: the first chapter of the commission’s report opens with the old saying that education is about the kindling of a flame, not the filling of a vessel, yet in recent years the excessive focus on knowledge and exam results has not helped young people fulfil their potential. Education is of course not just about getting a job; much of what is missing from our curriculum is useful not just for employment but for life. Lucy Kellaway, the former Financial Times columnist, is now a teacher and made a profound contribution to the commission in these terms:

“I can feel that the exam system is disadvantaging my students. I think knowledge is really important but we’ve gone too far down that road now and our worship of exams is almost sinister.”


Many other views of that type are expressed in the commission’s report, but it also turns its attention to early years, noting that successful education systems—in Estonia and Finland, for example—do not see formal education begin until the age of seven but have highly regarded, respected and well-qualified systems of early-years provision from six months or possibly even younger. In England, many working with such young children have few qualifications and are paid the minimum wage—none the less working very hard and, I am sure, doing a good job. Even then, many parents say their childcare costs are higher than their rent or their mortgage, and the DfE’s own data shows that one-quarter of families find it difficult to meet their childcare costs. So poorer children often start at a disadvantage and fall ever further behind.

To return to GCSEs and A-levels, the commission has found that there is no other developed country whose teenagers sit as many high-stakes tests and that the focus on academic attainment has unbalanced the system. The report notes, too, the high financial cost of the system—as much as £6 million a year, cited in Parliament in 2008.

A further critique of the exam system comes from Dame Alison Peacock, chief executive of the Chartered College of Teaching, and Dame Mary Beard, who describes GCSEs as past their sell-by date. I might say that even the noble Lord, Lord Baker of Dorking—who I do not think is in his seat—who introduced GCSEs, has called for them to be scrapped. Sarah Fletcher, the high mistress of St Paul’s Girls’ School, whom I have had the pleasure to meet, reported that 94% of teachers surveyed by the Headmasters’ and Headmistresses’ Conference thought that much reform was needed. As for A-levels, the commission concluded that a baccalaureate- style exam is more relevant now than ever. That was of course the view expressed many years ago by Mike Tomlinson in advice to Tony Blair, a view that Mike Tomlinson still holds, but alas it was not then taken up by the then Prime Minister.

The new Government now have an opportunity to address the cost of living crisis in the north-east and all regions where people are struggling, but they also have the opportunity to reflect on the Times commission and to discuss a transformative and radical change to our education system and our curriculum to ensure that we really can unleash the potential of every child.

[Baroness Penn (Con)]

My Lords, I am afraid we are out of time.

Schools Bill [HL]

Baroness Penn Excerpts

Report stage & Lords Hansard - Part 1
Monday 18th July 2022 Lords Chamber

[Lord Soley (Lab)]

I had not finished. It is very unusual to intervene on an intervention. I was speaking and I was giving way to the noble Lord, Lord Wei.

[Baroness Penn (Con)]

My Lords, it is probably worth clarifying that on Report a Member should speak only once unless it is the Minister. I think we will finish the remarks we have heard; then if the noble Baroness, Lady Jones, wants to make her contribution separately, I am sure we would love to hear it.

[Lord Soley (Lab)]

The noble Lord, Lord Wei, asked me to give way, which I did, but I am quite happy to continue as I have nearly finished.

I emphasise again that there has been far more consultation than the noble Lord, Lord Wei, is aware of. I did not spend the last five years arguing for this Bill just for the fun of it. I did not ignore people. I have had people say to me what they have said to him: “I’ll go to prison rather than this”. Mind you, in a very long career in politics of 40-odd years I have heard an awful lot of people say they would go to prison for one thing or another, but very few do. The poll tax was a near exception, but by and large they do not.

I was saying to those people—to be fair, I won over a lot of them—“Think of this as supportive”. The noble Lord is falling into the trap of a tiny minority who say that this is a wicked state that is going to do terrible things. He has taken that as a fact; it is not. It is not even in the Bill that way. This is supportive. It is not a punishment. He is not doing himself or the House any favours in implying that it is anything other than supportive. I ask the House to reject the amendment.

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Moved by

[Baroness Penn]

68: Clause 49, page 42, leave out line 30
Member's explanatory statement
This amendment removes the broad power to prescribe information that must be contained in the register of children not in school. It is replaced with a more targeted power: see the new subsection (1A) inserted by the amendment in Baroness Barran’s name at clause 49, page 42, line 30.

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Moved by

[Baroness Penn]

73: Clause 49, page 45, line 21, at end insert—
“(aa) must provide the other local authority with any information relating to the child that is prescribed under section 436C(1A) that they have,”Member's explanatory statement
This amendment is consequential on the amendment in Baroness Barran’s name at clause 49, page 42, line 30.

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[Baroness Jones of Moulsecoomb (GP)]

My Lords, in the debate on the last group, I completely forgot to say thank you to the Minister, who is not in her place at the moment, for meeting me not once but twice. She also met two home educators, and I like to think that that influenced the amendments. I have never had as many emails and contacts as I have had on home education, so it would be very good if the Bill’s changes could be expanded to include the concerns of those people.

[Baroness Penn (Con)]

Did the noble Lord, Lord Hacking, want to speak to his amendments in this group?

[Lord Hacking (Lab)]

I thank the noble Baroness very much. The noble Lord, Lord Lucas, was giving me a signal from the other side of the Chamber, and I was wondering what it was, but now I know, and I am very grateful for knowing.

I must start with an apology to the whole House for the massive number of manuscript amendments tabled by me to remove, one by one, all the clauses in Parts 3 and 4. This was a mistake by me. When I went to the Legislation Office this morning, I said, “Can I table a simple amendment that runs on the lines ‘leave out Parts 3 and 4’?” I was told it could not be done that way, but only by individually asking for each clause to be left out of the Bill. I should have realised that I needed only to give one example of my proposal, and then your Lordships would not have received this massive number of manuscript amendments. For that, I again apologise.

I should also say that I have not, save for one occasion, which I will come to in a moment, spoken so far on the Bill. I sat through parts of Second Reading and many of the sittings in Committee, but I did not intervene. The one exception was in Committee, when the Clock of our House was stuck at 10 minutes to 3 pm. I thought a literary comment could be brought into the Bill’s proceedings and I reminded the Committee of Rupert Brooke’s poem, “The Old Vicarage, Grantchester”, which ends with a reference to whether the village church clock in Grantchester was still standing “at ten to three” and was there “honey still for tea”. That was my little contribution as a matter of literature on a Bill which, after all, is to do with education.

I have thought very carefully, particularly last weekend, and concluded that, in the interests of the whole House, Parts 3 and 4 should be removed, not as a wrecking amendment but as a constructive one, so that the provisions in Parts 3 and 4 can properly be looked through and thought about. I am supported in that view by my noble friend Lord Grocott, who said at the beginning of the debate that the Bill is beyond repair. The Opposition Chief Whip, the noble Lord, Lord Kennedy, said that the Bill is in a very bad state. That supports my general proposition, that the entirety of Parts 3 and 4 should be removed.

In making this proposal to the House, I am not denying that the many improvements that noble Lords have added should be considered. As part of a reconsideration of this Bill, those improvements might well find themselves in it. I recognised at the weekend that a new broom needs to be taken to the whole of Parts 3 and 4.

Coming back to this House after an absence of 22 years, one is struck by the increasing disease in all our Bills of what I would call particularisation. If I have invented that word, I apologise, particularly to the editors of Hansard. I refer to the ever-increasing perceived need to place everything in the Bill, to the point where our Bills are becoming more detailed and more complicated—and pretty incomprehensible. We seem to think that our job is done when the Bill passes and have insufficient thought for the users of our Bills. Look, for example, in the previous Session, at the police Act, the health Act, or the Nationality and Borders Act, and think of those who must enforce them—police officers for the police Act, health workers for the health Act, and customs officers for the Nationality and Borders Act, to say nothing of the tasks that are thrown up to judges and lawyers who interpret the terms of our Bills.

This Bill, in its present form, has no fewer than 40 pages of obligations on home schooling and local authorities. This is a vast section of the Bill, and it is those 40 pages that I ask your Lordships to reconsider. It is as though someone in the Department for Education has been thinking of everything under the sun—and, I must add, the moon—which can be put into this Bill, the result being these 40 pages. This must come to an end.

I now come to a problem that was entirely new to me. I met the five home-schooling mothers, several of whom are listening to this debate. As the Minister may remember, I introduced three of them to the Ministers when we were in Committee, the noble Baronesses, Lady Barran and Lady Penn, who kindly had a word with them about their concerns, although it was only brief. I am not denying that a lot of noble Lords have expressed a concern and I am not at all deriding all the work that has been put into the Bill by noble Lords.

When you come back to this House after a long time, you also have a freshness when looking at the issues. In this case, I looked at the Education Act 1944, a very important social Act brought in under Rab Butler, later to become Lord Butler of Saffron Walden. I also looked at the more recent Education Act 1996. I have several cited cases, one in 1980, when Lord Donaldson presided, and one in 1985, when the noble and learned Lord, Lord Woolf, presided, for which they each provided further help and guidance over the application of the then provisions. As recently as 2019, the Department for Education issued statutory guidance. I am not going to read the terms of those two Acts or the statutory guidance. Suffice it to say that for both Acts, the recent statutory guidance gave clear support for home schooling, and little interference.

What then has gone wrong? It appears—I emphasise that word—that education officers in a few powerful local authorities have set their face against home schooling, believing that pupils should be at the school with which they were provided. The noble Lord, Lord Lucas, spoke of abusive behaviour by certain local authorities. I emphasise “appears” because the Minister, when I spoke to her, was strongly of the view that this was not the right interpretation. However, we have heard a different view from the noble Lord, Lord Lucas. Therefore, why have these provisions gone into the Bill? This is quite different from the stance taken in 1944 and 1996. It appears that the views of those education officers in a limited number of boroughs—I will not name the boroughs here but will in a meeting with the Minister—have wrongly persuaded the Government to bring in the Bill in the way that we find it.

I have already told the Minister that I will not divide the House and that remains my position. The Minister has kindly agreed to see me and some of the concerned home-schooling mothers and their advisers.

Finally, I ask the Minister not to forget the World War I poets. I could name them, as I did just now in a conversation with the noble Baroness, Lady Barran, but I just leave that as a final thought among the Ministers. I hope that she will not neglect those poets, and the literature that they produced, when she sums up.

[Baroness Penn (Con)]

My Lords, I will start with Amendments 74 and 75, tabled by my noble friend Lord Lucas. The law is clear that parents have a right to educate their children at home, and local authorities should already be working collaboratively with parents to ensure the best outcome for the child. We are keen to ensure that home-educating parents, and local authorities, are fully supported in ensuring that the education received at home is suitable. Therefore, as my noble friend Lady Barran said, as part of the implementation of the Bill we will be reviewing our existing guidance and publishing new statutory guidance for local authorities on their “children not in school” responsibilities, which will include advice on how they should discharge their new support duty.

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[Lord Knight of Weymouth (Lab)]

I am grateful to the noble Baroness for giving way. If she has any kind of assessment of the cost of requiring local authorities to cover that cost for parents, it would be really useful to share that with noble Lords taking part in the debate.

[Baroness Penn (Con)]

I am not sure whether that assessment has been made. If it has, I will be happy to share it. As we have said several times, there are at least two more stages to go on the guidance. One is a collaborative process to produce the draft guidance, and then a consultation process. There are plenty of opportunities as we go along to look at it—for example, whether exam costs would be included in the statutory guidance. I will find out whether we have that assessment and, if we do, I will share it.

I turn to Amendment 118 from my noble friend Lord Wei. As we have already discussed, several routes for complaint already exist for home-educating parents. But, as my noble friend said in response to the previous group, we have heard concerns raised by noble Lords about whether the different current routes of complaint are sufficient. We are also continuing to consider what more we can do to support home-educating parents and strengthen independent oversight of local authorities, such as exploring alternative routes of complaint.

Finally, I turn to Amendments 97ZZA to 100F from the noble Lord, Lord Hacking, which would remove Clauses 53 to 66 from the Bill. The overarching purpose of Clauses 53 to 56 is to improve the consistency of attendance support pupils and families receive to help pupils attend their school regularly. These clauses are an important part of the Government’s overall approach to providing more consistent support for pupils and families in order to help children attend school before legal intervention is considered. Clauses 57 to 66 concern the regulation of independent educational institutions and help us to ensure that all children receive a safe and suitably broad education. Extending the registration requirement and improving investigatory powers will ensure that full-time settings serving children of compulsory school age are regulated. Other measures improve the regulatory regime for independent schools, including by creating a power to suspend the registration of a school because pupils are at risk of harm.

I heard the noble Lord’s request for a meeting and my noble friend is very happy to do that because, as I think she has been at been at pains to stress throughout the passage of the Bill, we want to make sure that we engage with a broad range of voices from the home-education community to be clear about what we are aiming to do with the Bill. It is not at all about reducing or interfering with the right to home education, but just ensuring that we have the proper processes in place to make sure that the best interests of all children are protected while doing so.

[Lord Storey (LD)]

Before the Minister finishes, will she respond to Amendment 77 from my noble friend Lady Garden, about examination costs? Maybe she will have that in mind that when she meets these home educators, as it might be an issue to talk to them about.

[Baroness Penn (Con)]

I believe I responded about examination costs. In fact, I had an intervention from the noble Lord, Lord Knight, on it. One of the things I said to him was that in the statutory guidance we are seeking to create, we will look at the support duty. We are looking to work collaboratively with local authorities and home educators to hear all those different views in order to help us co-create that guidance. Then we will also consult on it. We are keen to ensure that we hear those views as part of that process.

I hope that my noble friend Lord Lucas will feel able to withdraw his amendment and other noble Lords will not press theirs.

[Lord Hacking (Lab)]

Before the Minister sits down, will she receive from me great gratitude for her willingness and that of her fellow Minister to see home schoolers, several of whom are in the House this evening, and those advising them? They have helped a lot and I hope they will help the Ministers a lot too.

[Baroness Penn (Con)]

That is very much appreciated. I also pass on to my noble friend the Minister the thanks of the noble Baroness, Lady Jones, for engaging with home educators. I emphasise that we see that as a very important part of the process for the Bill.

[Lord Lucas (Con)]

My Lords, I am glad to hear that the Government continue to give thought to the question of an independent appeal. The current system, where the first appeal goes to the local authority, is obviously right; you want to resolve as much as you can without going outside. But, beyond that, the idea that the Secretary of State provides a satisfactory route of appeal really does not stand up. First, there are far too many relationships between the Department for Education and local authorities to allow independence. Secondly, I believe I am right—although the Minister may contradict me if she wishes—that, in the entire history of this right of appeal, the Secretary of State has not granted any, but he has come down in favour of the local authority on every single occasion. That may or may not be true—as I say, I hope the Box will be able to confirm it when we return to this issue in two groups’ time—but that there should be an independent appeal is important.

My noble friend Lord Wei’s proposal for an ombudsman is one that should be considered, although there are others. One way or another, there should be a point where someone truly independent casts their eye over what the home educator is doing and how the local authority has handled it and says either, “Yes, come on: get into line,” or “No, I can see here that the local authority has pushed things too far and ought to take a step or two back.” That would make a big contribution to keeping the relationship straight between home educators and local authorities.

I think it was the noble Lord, Lord Storey—I apologise if it was not—who said earlier that this bit of the Bill meant that local authorities had to give support. I can see nothing that makes it compulsory. I hope we will get the Government to give this a budget so there is an indication that support ought to be given, but at the moment I do not believe there is anything compulsory about it.

My noble friend Lady Penn said local authorities could consult a doctor when they consider it appropriate. I think the right balance is that the home educators ought to be able to able to evince that evidence when they consider it appropriate too, and the local authority ought then to pay attention to it. From cases that I have seen, I rather doubt that that is the arrangement at the moment. However, as my noble friend asked, I beg leave to withdraw the amendment.

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[Baroness Chapman of Darlington (Lab)]

I will not speak to the Tory leadership election.

We support the approach suggested in many of the amendments in this group. To pluck one out of the air at random, Amendment 81 tabled by my noble friends Lord Hunt and Lord Knight, suggesting a code of practice—which is really just another way of sharing best practice—is a positive suggestion. We recognise completely that poor attendance can be a symptom of a much deeper problem and that schools often take a holistic approach already. The amendment suggests that families and organisations with experience of overcoming barriers to attendance be included in the Government’s thinking. It is a very good idea and seems to be the right approach. Even if we do not divide the House on this today, it is a good suggestion for the Government to consider this code of practice further.

[Baroness Penn (Con)]

I thank the noble Lord, Lord Hunt of Kings Heath, for hotfooting it over here from the Grand Committee. I also thank him and my noble friend Lord Lucas for their Amendments 80, 82 and 83, which I will speak to together.

I mentioned earlier that the Government are already seeking the power for the Secretary of State to give local authorities in England statutory guidance that they must have regard to. Local authorities will not be able to diverge from it unless there is a coherent reason to do so.

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[Lord Hunt of Kings Heath (Lab)]

My Lords, I am very grateful to the noble Baroness. The noble Lord, Lord Lucas, has been in this House even longer than I have, and it is amazing what we have learned today about what happens to the date on a Bill—though 2023 maybe optimistic, who knows?

The noble Baroness has reflected on the importance of the guidance to be given to local authorities to approach this new role in a sensitive way. I support the general principles here. Whatever our views, that brings us together, because it will be essential that local authorities do the job properly, and they need support to do so. The statutory guidance and consultation she referred to are very welcome indeed.

Then noble Baroness felt that my suggestion that the guidance should be brought in through a regulation would be rigid. However, in our debates, today and previously, we have recognised the importance of this guidance. It is in some ways as important as what is set out in statute. I would have thought at least on the first occasion, when the guidance is brought in, it should have the benefit of parliamentary scrutiny. I think it is something we ought to come back to on Report. If she accepted my code of practice, that would be a way of getting the flexibility that I understand she needs, alongside statutory provisions. It has been a very useful and constructive debate,

[Baroness Penn (Con)]

Just briefly, I should make it clear to the noble Lord that we are at Report stage and I do not think we will be returning with amendments from the Government at Third Reading.

[Lord Hunt of Kings Heath (Lab)]

The noble Baroness almost tempts me to push this to a vote, but I would not be allowed to. I have come straight from Committee to Report—I apologise. I beg leave to withdraw my amendment.

Schools Bill [HL]

Baroness Penn Excerpts

Report stage & Lords Hansard - Part 1
Tuesday 12th July 2022 Lords Chamber

[Lord Grocott (Lab)]

My Lords, can we just be clear about where we are? We have not yet agreed to consider the Report stage of the Bill.

[Baroness Penn (Con)]

My Lords, the House did just agree to consider its Report stage. The noble and learned Lord, Lord Judge, made the point, as the Opposition Chief Whip did, that continuing discussions can happen between the usual channels ahead of Third Reading. It is important that the House is clear that we have agreed to consider Report, and that is what we are doing on the first group of amendments.

[Lord Grocott (Lab)]

If that is the case, I must have dozed off at some stage. Does it not say “Report be now received” on the Annunciator? I am sure the noble Baroness is right, but the procedure suggested by the noble and learned Lord, Lord Judge, would have been perfect. During the passage of the Bill I considered several times recommitting sections of it to consider them, and to then go back to Report in the normal way. If we are now proceeding on Report, that opportunity has passed. We will be back to the situation where, if the Bill gets a Third Reading, we will need to do something much better for the way in which we consider a massive number of Commons amendments—unless of course we follow the suggestion of the noble Lord, Lord Cormack, which is to adjourn now and see if there is another way of dealing with it. I am afraid that the suggestion of the noble and learned Lord, Lord Judge, will not function now.

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[Lord Mackay of Clashfern (Con)]

My Lords, it is time that we made some progress. The noble Lord, Lord Knight, proposed that the Bill should go forward on Report, and the Labour Chief Whip agreed. But we are getting into doing that without having passed a Motion, so I would like it to be made clear that we will now consider the Bill on Report and deal with whatever difficulties there are as that goes on.

[Baroness Penn (Con)]

My Lords, for absolute clarity, I say that we have had the Motion on the House considering Report, and we are now considering the first group of amendments on Report. We will proceed on that basis today.

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Moved by

[Baroness Penn]

26: Clause 20, page 14, line 32, leave out from beginning to “provision” in line 33 and insert—
“(A1) The Secretary of State must make regulations in relation to Academy schools with a religious character for one or both of the following purposes—(a) securing, so far as practicable, that the character of each such Academy school in a relevant Academy proprietor’s care reflects the tenets of its designated religion or religious denomination;(b) securing, so far as practicable, that each such Academy school in a relevant Academy proprietor’s care is conducted in accordance with any trust deed relating to the school.(1) The regulations must specify—”Member's explanatory statement
This amendment would change the power in clause 20 to make regulations about the governance of schools with a religious character into a duty to do so. It also makes it clear that the regulations may be for either or both of the purposes mentioned.

[Baroness Penn (Con)]

My Lords, the amendments in this group primarily relate to schools with a religious character, along with an amendment regarding religion and worldview education for academy schools without a religious character. I will speak to the amendments regarding schools with a religious character first.

I thank the right reverend Prelates the Bishops of Durham and Chichester for their support in Committee. We have listened to the concerns and suggestions raised by them and other noble Lords on schools with a religious character. These amendments adopt similar principles to the amendments proposed by the right reverend Prelate the Bishop of Durham in Committee.

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[Baroness Wilcox of Newport (Lab)]

I have several things in common with the noble Lord, Lord Storey. One is that I also chaired the SACRE in Newport; the other is our teaching careers.

The aim of Amendment 30 is to ensure that cultural education is balanced and non-exclusionary. In a modern society where children are exposed to all kinds of views, particularly online, it could provide an opportunity to discuss a variety of topics and issues. I recognise that a variety of opinions have been expressed, not least by the right reverend Prelate the Bishop of Durham and my noble friend Lord Murphy. How can I possibly not defer to the former Secretary of State for Wales? As the noble Baroness, Lady Meacher, pointed out, the laws on religious education have been reformed recently in Wales. It has seen an explicit reference to “philosophical beliefs” included and a change from “religious education” to “religion, values and ethics”, with the removal of the parental opt-out. With all that in mind, I look forward to hearing the Minister’s response on these issues.

[Baroness Penn (Con)]

My Lords, I thank noble Lords for their contributions to this debate. I also reiterate the Government’s thanks to the right reverend Prelate, on behalf of my noble friend, for his constructive work with the department to ensure that we get these issues right in the Bill and achieve the shared aim that we all seek.

As the noble Baroness, Lady Meacher, set out, Amendment 30 in her name seeks to add to the Bill a duty on academy schools without a religious designation to teach religion and worldviews. The amendment also provides that this teaching must be objective, critical and pluralistic. The Government believe that this amendment is unnecessary because it places into primary legislation what is already in academy trusts’ funding agreements about teaching religious education. As my noble friend Lady Barran has set out, over the summer we will undertake the necessary policy work and engagement with the sector to bring back revised clauses on academy standards, as well as the intervention and termination provisions. To achieve this, the regulatory and commissioning review that we launched on 29 June will consider, alongside other matters, academy trust regulation as we move towards a fully trust-led system. It is through those clauses that we will seek both to establish the principles on which academy standards will be based and to ensure that any powers sought provide a more clearly defined and constrained regulatory approach.

By contrast, this amendment would introduce a new requirement on academies to teach worldviews and dictate the nature of the religious education curriculum. We have been clear that, although that work is being undertaken, the aim none the less is for the first set of standards regulations largely to consolidate existing requirements on academies, not place more burdens on them or interfere with their freedoms. This amendment would do both.

However, I assure the noble Baroness, Lady Meacher, the noble Lord, Lord Storey, and others that worldviews can already be taught as part of religious education. Indeed, on SACRE, to which he referred, the policy remains that academies and agreed syllabus conferences—I think we are talking about the same thing there—are the places that currently propose locally agreed syllabuses for RE in maintained schools; academies have their own process. The Government believe that they should be free to determine their own approach to the teaching of RE.

I say to the noble Lord, Lord Mann, that, as I said, existing provisions already allow worldviews to be taught as part of religious education. They also allow for other religions to be taught in maintained schools, not just Christian views. There are also other opportunities in the curriculum—for example, through PHSE lessons—for what he is looking for. The Government believe that schools already have flexibility to determine the curriculum that they think appropriate. They also have an explicit flexibility that can include non-religious worldviews as well as religious ones. Therefore, we do not think that there is any need to specify that further in the Bill; indeed, doing so would contradict our approach on earlier parts of the Bill in terms of going away, looking at academy standards and consulting the sector over the summer.

However, I should say to the noble Baroness, Lady Meacher, that, as I said before, our intention is for those standards to replicate in the first instance existing standards, which would not then change RE by widening it explicitly to include worldviews—although that is already provided for. It would also not specify the nature of how RE should be taught, which we think is best determined at the local level.

I hope that I have addressed the noble Baroness’s points. I know that I will have disappointed her but I will wait to hear whether she wants to move her amendment when it is reached.

Amendment 26 agreed.

Moved by

[Baroness Penn]

27: Clause 20, page 14, line 39, leave out “that may be”
Member's explanatory statement
This amendment is consequential on the amendment in Baroness Barran’s name at clause 20, page 14, line 32.

Schools Bill [HL]

Baroness Penn Excerpts

Report stage & Lords Hansard - Part 2
Tuesday 12th July 2022 Lords Chamber

[Baroness Wilcox of Newport (Lab)]

My Lords, this is my first opportunity at the Dispatch Box after the vote we took last week on changing the hours of the House of Lords. I am so glad to see that all those people who were so clear about staying after the dinner break are here—not.

Good mental health is fundamental to be able to thrive in life. I spoke in Committee about the experience of growing up with a dearly loved mother who suffered so wretchedly from mental illness and the limiting effects it had upon her quality of life. She was extremely proud of my achievements but could never fully engage in them, due to the debilitating effects of her condition.

Current research shows that 50% of mental health problems are established by the age of 14 and that 75% are established by the age of 24. Young people in the UK today are dealing with high levels of stress, due to a variety of issues. The DfE’s annual report State of the Nation 2021 noted that reductions in average levels of well-being occurred most clearly in February 2021, when schools were closed to the majority of children, before recovering towards the end of the academic year.

In this context, we have therefore introduced two amendments. First, Amendment 114 would compel the Secretary of State, whoever he or she may be, to consult on the current provision in place to support children’s mental health and well-being in schools. Our second amendment, Amendment 115, would compel the Secretary of State to publish an annual report on: how the mental health of children in academies and maintained schools in England affects, and is affected by, their schooling; actions being taken by schools to improve pupil mental health; and the extent to which schools are working with local National Health Service and voluntary and community sector providers, as noted by the right reverend Prelate the Bishop of Durham.

I have previously drawn your Lordships’ attention to the fact that mental health is not mentioned in the Bill. We have debated over many days and have made—people who have been here for years tell me—gigantic changes to this Bill by comparison. We have debated school structures, while one in six of those aged between six and 16 have a probable mental health issue. This is a priority area for Labour. We would guarantee mental health treatment for all who need it within a month and hire at least 8,500 new mental health professionals. But a creaking National Health Service cannot do this alone.

The focus should be on prevention. Schools play a vital role in this area with a maintenance of general welfare and resilience throughout a child’s time in education, rather than acting only at times of crisis when it is too late. It is an acute crisis, and recognising that is an essential tool to learning and welfare. We need to intimately understand the drivers of the problem and give targeted support to tackle it. Both Labour amendments are urgently needed.

[Baroness Penn (Con)]

I will start by responding to Amendment 62 and thank the noble Lord, Lord Hunt, for this amendment. As he said, we have previously discussed these issues in Committee. As he knows, local authorities have existing duties to identify children and young people in their area who have special educational needs or disabilities—SEND—and to work with other agencies to keep under review the adequacy of provision available to meet their needs. The department supports local authorities in doing so.

I acknowledge the points the noble Lord made, but they are best addressed by our wider reforms to the SEND system. I reiterate that high needs funding is increasing by £1 billion in the current financial year to a total of £9.1 billion. Local authorities have flexibility in how this funding is used, particularly and including to support those with sensory impairments. Separately, pupils with additional needs also attract additional funding through the schools national funding formula, which includes proxy factors for SEND. I reassure him that this will continue under the direct national funding formula. This additional needs funding equates to £6.6 billion in 2022-23 and is not dependent on whether a child has an education, health and care plan. I take the noble Lord’s point about those who may have sensory needs not having education, health and care plans, but there is also additional needs funding in place that is not dependent on those plans being in place.

As the noble Lord, Lord Addington, referenced, the Government recently published their SEND and alternative provision Green Paper, setting out ambitious proposals to improve the experiences and outcomes of children and young people with SEND. He referred to a postcode lottery, and he will know that the Green Paper includes a proposal to introduce national standards for how needs should be identified, assessed and reviewed, as well as the support that should be available for children and young people with SEND, including those with sensory impairments. That is currently out for consultation until 22 July, and we do not want to pre-empt the response.

The noble Lord talked about the litigiousness of the current system, and I agree with him. One of the aims of our reforms is to address that by having clear expectations across the country for parents and children. We hope to reduce that side of the system and take things forward in a more collaborative way.

Turning to Amendment 63, I am grateful to the noble Lords, Lord Storey, and the noble Baroness, Lady Brinton, for their amendment on statutory funding for mental health support in schools. Schools can play a vital role in supporting young people’s mental health. However, as we have discussed previously, tackling this issue cannot be the responsibility of schools alone, and it is not a school’s job to provide specific or specialist treatment interventions.

Schools Bill [HL]

Baroness Penn Excerpts

Committee stage
Wednesday 22nd June 2022 Lords Chamber

[Baroness Chapman of Darlington (Lab)]

My Lords, we are respectful of the right of parents to educate their children at home, but we cannot agree that this clause should not be part of the Bill. There are clearly important measures that we support quite strongly and want to see enacted. We support the principle of a register. However, there have been some helpful suggestions for improvement—particularly on new Sections 436C and 436D(2), inserted by Clause 48—and the Minister has committed to go away and consider those further.

On the issues around data we raised in relation to Amendment 128 in an earlier group, having thought about what the Minister said and the issues raised by the noble Baroness, Lady Kennedy, and other noble Lords, I think it is worth some further consideration, because clearly there are risks and we would not want to rush into anything that would cause more problems. We hope that, with some improvements, this clause will be a helpful and necessary change that will safeguard children. It is not about forcing children back into school; it is about balance between freedom to decide and safeguarding.

On the comments that we have just heard from my noble friend, this Bill is not ready for Report. We do not think that the Government will have time to reconsider some of the issues that have been raised. It would seem appropriate, given everything that has been said, for us at least to wait for the regulatory review to be completed before we take this Bill to Report.

[Baroness Penn (Con)]

My Lords, I thank the noble Baroness, Lady Kennedy, for giving us the opportunity again to ensure that the tone we take when talking about this issue—as the noble Lord, Lord Storey, and many other noble Lords in this debate have said—is one of support, of explaining what the Government are seeking to achieve with these measures and of trying to allay some the concerns we have heard, while being clear that we do not lose sight of the importance of protecting a child’s right to education. In doing so, I can reassure the noble Baroness, Lady Kennedy, that the introduction of registers is not, in any way, intended to undermine or interfere with the parents’ right to educate their child how they choose. This clause includes no measures on monitoring or assessing the education that parents may be providing. Local authorities’ existing powers are already sufficient in this regard, and we have already provided guidance to support local authorities to determine whether education is suitable.

As many noble Lords have said, we know that many parents who home educate do it very well—often to a very high standard and in challenging circumstances. However, that is not the case for all. That is a key point I would like to emphasise: this Bill is about establishing registers so that we know who and where home-educated children are; it is not about forcing them back to school.

A school attendance order can be issued only if the local authority is not satisfied that the education provided for the child is suitable. The example raised by the noble Baroness, Lady Kennedy, of the little boy thriving at home with his new adopted family is clearly a case where the home education being provided is suitable and, if demonstrated as she described, the local authority could only agree with that. Similarly, on her example of a girl in year 1 who developed seizures, if the education being provided at home is suitable—and that is demonstrated to the local authority—the local authority could not reasonably issue a school attendance order. In addition, the current law, supported by guidance, already requires local authorities to take all relevant factors into account when taking a view on whether it is expedient for a child to attend school, including any medical grounds.

I turn now to the noble Baroness’s question about parents needing local authorities’ consent to home educate. I can reassure the noble Baroness that condition C in new Section 436B simply does not do that; it establishes that a home-educated child is eligible to be included on the local authority’s register. That is a statement of fact; there is nothing about consent involved in new Section 436B.

As we heard in an earlier debate, we must recognise that there are growing numbers of children not in school, particularly after the pandemic, and there are concerns that some of these children will not be receiving suitable education—and, in some cases, not at all. We need to be able to assure ourselves that they are receiving a suitable education, and that is what these provisions are all about. While parents of eligible children will be required to provide information to local authorities for inclusion on their registers, local authorities will be able to require only that information which is prescribed in legislation. Any additional information prescribed will be intended to support the promotion of the education, welfare or safety of children.

I have also heard the concerns about data sharing—which was raised not just in this group—and was sorry to hear about the specific situation the noble Baroness described; that absolutely should not have occurred. As my noble friend the Minister has explained, there will be protections in place: the clause allows local authorities to share information only with certain prescribed persons, to be set out in regulations, when they consider it appropriate for the purposes of ensuring the safety, welfare or education of a child—

[Baroness Chapman of Darlington (Lab)]

There is quite deep concern about this issue, and I wonder whether the regulations could be made available to us before Report.

[Baroness Penn (Con)]

I can absolutely take that point away and see whether it is possible. If that is not the mechanism by which we can provide further detail and assurance, I will look at what else we can do to explore, and reassure on, that issue further.

As my noble friend the Minister said, under UK GDPR, parents have the right to object to any processing where UK legislation requires such processing, which would include the sharing of information to prescribed persons. The organisation responsible for that processing would then need to review the request and decide whether the processing is in the best interest of the child or family, and either uphold the request in the specific circumstances or proceed with the processing. The parent also has a formal route of complaint with the Information Commissioner’s Office, which has a range of powers in this area. It is essential, however, for local authorities to be able to share information, if needed, to support multi-agency safeguarding and education efforts, with the appropriate safeguards in place.

On the question of statutory guidance, which the noble Baroness asked about also, this will help ensure the consistency of interpretation and implementation of duties across local authorities. As we said, we will ensure that it is created in close collaboration with local authorities and home educators, and includes advice on how local authorities can best promote positive engagement, as we have heard the concerns from parents where that has not been the case. We have also heard examples of best practice, and that is what we will seek to draw on in drafting the guidance.

There was a concern about financial penalties for tutors or childminders and home education groups. The duty on providers to share information on request will be important in helping to identify those children who are not—but should be—on registers, and those regulations will be used to set a threshold at which an education provider comes into the scope of the duty in Section 436E, ensuring the duty is only placed on providers that provide a substantial proportion of an eligible child’s education. There is also the power to make regulations to create specific exemptions to this duty, and we have indicated our intention to use that power to exclude informal groups of home-educating parents from the scope of this measure.

I thank the noble Baroness once again for the opportunity to reiterate some of those points, and I think we have heard the areas that the Government will take away and look at to ensure that we continue to have a message for support for home educators, but not lose sight of the importance of what we are trying to achieve with these registers.

[Lord Lucas (Con)]

My Lords, that was a good answer, but I feel my noble friend has not addressed the reasonable fears of some home educators about the way this Bill is drafted at present. For instance, in new Section 436C(1)(c),

“such details of the means by which the child is being educated as may be prescribed”

is a completely open phrase. This is an area which is used by some local authorities to pressure parents. They pursue parents for timetables, the details of subjects of studied and other things which do not necessarily form part of home education. Home education is not subject bound. Schools have to do it that way; if the Times has its way, schools may not have to do it that way, but they do so at the moment. Home education may follow timetables, or it may be something much looser. The age at which a child begins to read can be quite late in home education, or it can be very early. These things vary enormously from the practice which is necessary in school. That new Section 436C(1)(c) is in this Bill, and opens and then flows through to the school attendance order provisions, is a source of considerable worry, and I think reasonably so.

--- Later in debate ---

[Baroness Penn (Con)]

My Lords, this might be a convenient moment for the Committee to adjourn.

--- Later in debate ---

[Lord Storey (LD)]

For the first time, I agree with the noble Baroness, Lady Fox, in many of the things that she said. This is a first.

One thing I want to add is that the Covid lockdown certainly created real problems. However, you can go further back and say that the recession created a situation whereby local authorities had massive cuts to their budgets. For example, my local authority in Liverpool lost a third of its budget, and services such as CAMHS just went. The resource was not there.

We all understand that young children’s mental health is hugely important, but we have not really thought it through. I do not mean this as any criticism at all. Governments will say, “Yes, we’ve got this scheme going, we’re doing this and we’re doing that”, but I would much prefer it if we completely understood what provision we needed to provide in all our schools and then made sure that it was absolutely Rolls-Royce. I would rather we said that, in every single primary and secondary school in England and Wales, we will ensure that somebody referred to CAMHS is seen within 10 days. Currently, we cannot do that. On Monday, we took evidence from a group of parents regarding, I am sorry to say, alternative provision. A very young, single parent talked us through how she had waited never mind days but months to get referred to CAMHS. Let us do just one small thing at a time and be successful in it.

The second thing I want to say, which my noble friend Lady Brinton mentioned, is the importance of linking up with health. We are not very good at this. I remember that health was the real problem for the education, health and care plans in the Children and Families Act. Getting health to work with education was an absolute nightmare, so good luck on that one. I do not understand why that is the case.

I turn to Amendment 171Y. Noble Lords will be sorry to hear that the noble Baroness, Lady Finlay, has had to catch a train back to Cardiff, so she asked me whether I would read out her speech—am I allowed to say that?

[Baroness Penn (Con)]

My Lords, the noble Lord can speak to the amendment, but he should not read out the noble Baroness’s speech, as she is not here.

[Lord Storey (LD)]

I am learning all the time, after 10 years.

Some 80% of all learning is visual. A child who has undiagnosed, uncorrected vision problems faces academic disadvantages, particularly in literacy and numeracy. This affects their safety, social and cultural development, and physical agility, and disadvantages them for life. The current child screening programme recommended by the National Screening Committee is targeted at four to five year-olds starting school, but a recent pre-Covid study suggested that only around 50% of local authorities are fully compliant with its specifications, and there is no commissioned post-screening follow-up. There is no provision for vision screening in other age groups, despite the numbers needing visual correction increasing in secondary school years.

The prevalence of myopia—short-sightedness—among 10 to 16 year-olds has more than doubled in the past 50 years from 7.2% to 16.4% and continues to grow. During Covid, short-sightedness may have increased between 1.4 and three times, driven by more time indoors and increased screen time. Up to 15% of pupils need spectacles or need their spectacles reviewed. Although an NHS eye examination is free for under 16 year-olds, a child might not be fully aware of, or may be reluctant to admit to, vision problems that would be picked up by a simple universal screening programme. Parents, teachers and carers might also not realise that the child’s vision is deficient. Universal screening would ensure that advice is available to all.

Basic smartphone or laptop-enabled screening could take less than one minute per eye to carry out. It builds on screening carried out in developing countries by volunteers using an “E” shape. Here, training of volunteers or support staff takes only half a day. Reports from schools are positive. It simply alerts the parent or guardian that the child should have a free NHS eye check. The details of the standard can be agreed by the Secretaries of State for Education and Health, with appropriate input from professional bodies and education advisers.

The amendment would not interfere with the NHS’s special schools eye care service, which began to roll out in April 2021 to over 70 special schools. Four in five children with learning difficulties attend special schools and are 28% more likely to have a sight problem than other children; 23% need glasses. The NHS service in special schools is praised by schools and parents. It has already identified that half of children in special schools have a sight problem, and more than 4,000 children have already benefited from it. I hope the Minister can provide an assurance that the rollout of the NHS’s special schools eye care service will restart, to reach a further 130,000 children in the next few years.

The amendment empowers the Secretary of State to set the standards to provide simple screening for all schools to alert to possible vision problems, which, if unaddressed, threaten the academic potential and social development of the child. It aims to remove health inequalities and to enable all children to access the support they need.

[Baroness Penn (Con)]

My Lords, taking first Amendment 145, the Government recognise that some pupils, such as those with mental ill-health, may face greater barriers to attendance than their peers. To ensure that all pupils receive the support they need to remove barriers to attendance, the department has recently published new attendance guidance entitled Working Together to Improve School Attendance. Through this Bill, we intend to make this guidance statutory.

The new guidance sets a clear expectation on all schools to have an attendance policy that is applied in such a way that it considers the individual needs of pupils and supports pupils to overcome barriers to attendance. This includes supporting pupils with mental ill-health, so that they can attend school regularly. This is in addition to obligations under the Equality Act 2010 and the UN Convention on the Rights of the Child. Ofsted will consider schools’ efforts to improve or sustain high attendance as part of its regular inspections, which includes efforts on their attendance policies.

On Amendment 170, it is right that schools should be accountable for their role in supporting their pupils’ mental health, but requiring Ofsted inspectors to assess pupils’ mental health and then to restrict inspection outcomes on that basis, as this amendment would do, would place responsibility for pupils’ mental health squarely on the shoulders of the individual school. I hope your Lordships would accept that that is not appropriate. Many factors can influence a pupil’s mental health and some of these, such as the culture of a school, are inside the school’s control, but many others are not.

As I think noble Lords have agreed on previous debates on mental health, it is not for schools to take on the role of providing specialist mental health support. It is important that we hold schools to account for the right things: delivering a high-quality curriculum that meets people’s needs; providing strong pastoral support; promoting a strong ethos and an inclusive culture; ensuring pupils are safe and feel safe; and engaging effectively with parents and local services. These elements play a key role in supporting pupils’ mental health and are an essential focus of Ofsted’s school inspections.

On Amendment 171M, the department already gathers and assesses a range of data on children and young people’s mental and physical health to improve our understanding and inform the support we provide children, young people and education settings. We do this through publishing an annual State of the Nation report. The department also undertakes and publishes pupil, parent and teacher omnibus surveys, which include a range of questions about the type and level of mental health support provided in schools.

What the debate has been trying to get at—and we have had this for several days in Committee—is thinking through and making sure the Government continue to be held to account for improving the provision of mental health services for young people, including in the support they get through schools. We have put quite a lot of thought and work into that, but there is definitely more to do.

To take the point from the noble Baroness, Lady Morris, we have a policy of putting funding in place so that every school can have a mental health lead trained by 2025. That mental health lead can take a whole-school view of the school’s role in supporting pupils’ mental health. A lot of that might be about prevention, discussion in PSHE classes, the school’s ethos and other things. They will then be equipped with the training to make sure they develop the right approach for their school, but we know that they should not provide specialist mental health support. That is why we are rolling out mental health support teams to provide both early support within schools and that link to specialist support. That is funded by the NHS.

--- Later in debate ---

[Baroness Wilcox of Newport (Lab)]

My Lords, these amendments give us another opportunity to talk about the important issue of safeguarding. It is an issue that has fallen between the cracks of the ambiguity we have dissected and discovered in our debates on most clauses of this Bill. The fact that there have been so many probing amendments in Committee speaks to the level of uncertainty in the House about dealing with such a vaguely worded Bill bereft of ideas and vision for making a better educational opportunity possible for all children and young people.

I acknowledge that the DfE has published an updated version of the statutory safeguarding and child protection guidance for schools in England, Keeping Children Safe in Education, which will be implemented this September. That contains important new guidance, not least the new paragraph setting out that

“children may not feel ready or know how to tell someone that they are being abused”.

It also includes the recommendation that

“governors and trustees receive appropriate safeguarding and child protection … training at induction”,

and then at regular intervals afterwards.

Nevertheless, there is always more that could be done. An old headmaster of mine used to say, “The biggest room in the world is the room for improvement”—I seem to remember he had it printed on a T-shirt. In a previous debate, my noble friend Lady Chapman mentioned the MacAlister review, which proposed that schools be made a statutory partner. The review said:

“In too many places the contribution and voice of education is missing from partnership arrangements, and so schools should be included as a statutory safeguarding partner”,


which we have also proposed as an amendment in another group. Would it be worth the Minister giving an update on the Government’s progress on working through the review’s recommendations, and is becoming a statutory partner something that the DfE is likely to accept?

[Baroness Penn (Con)]

My Lords, turning first to Amendment 150, I hope I can clarify for the noble Baroness, Lady Brinton, a stop boarding requirement is discretionary but can only be supplemental to any suspension of registration which may be imposed in relation to an independent educational setting. Day students are therefore protected from a risk of harm in the first instance by the suspension of the institution’s registration. The intention of these powers together is that all students in an independent educational institution, both day and boarding where applicable, can be protected more effectively from serious risk from harm.

The noble Baroness asked me a number of specific other questions, which I will do my best to write to her on.

On Amendment 171Z, in the names of the noble Baronesses, Lady Brinton and Lady Grey-Thompson, schools and colleges are already under legal duties to exercise their functions to safeguard and promote the welfare of children. This includes having regard to Keeping Children Safe in Education, statutory guidance which is clear on the role all staff have to play. Children and young people who attend a school or college are afforded protection through these provisions. In all cases where concerns about the welfare of children are identified, Ofsted will pass the information on to the relevant police or local authority to take appropriate action to ensure the safety of children cared for at the registered provider.

As we set out in March 2018, in response to the reporting and acting on child abuse consultation, there was no clear evidence to show that introducing a mandatory reporting duty would help keep children safe, and therefore the case was not made for a mandatory reporting duty. We are keeping this under review, and as noble Lords have referenced, we are awaiting the final report of the Independent Inquiry into Child Sexual Abuse, which is expected this autumn.

The noble Baroness, Lady Wilcox, raised the MacAlister review. I believe we have addressed that in previous groups. The Government will be publishing an implementation plan by the end of year, to consider all of those recommendations.

With that, I hope the noble Baroness, Lady Brinton, will withdraw her amendment.

[The Principal Deputy Chairman of Committees (The Earl of Kinnoull)]

My Lords, the noble Baroness, Lady Brinton, is participating remotely, and I invite her to respond now.

Schools Bill [HL]

Baroness Penn Excerpts

Committee stage & Lords Hansard - Part 1
Monday 20th June 2022 Lords Chamber

[Lord Lucas (Con)]

My Lords, just to pick up briefly on what—

[Baroness Penn (Con)]

My Lords, I am afraid the noble Lord was not here at the start of the debate on this group, so we should move to Front-Bench contributions.

--- Later in debate ---

[Baroness Penn (Con)]

My Lords, I am grateful for the opportunity to discuss further education and take the opportunity offered me by the noble Baroness, Lady Garden, to say how much the Government value further education and its part in the educational landscape.

I turn to Amendments 91A and 91B in the name of the noble Lord, Lord Shipley, and start with a general point. The framework set by the Bill does not intend the content of the funding formula to be specified in legislation itself. As such, any detailed provision would not be dealt with here. More specifically, schools are already fully able to make arrangements with colleges to allow their 14 to 16 year-old students to undertake part of their education at college, so there is no need for further legislation.

The funding arrangements in the Bill are designed for schools and could not be readily applied to colleges. The noble Lord will know that there is a separate approach to funding the relatively few 14 to 16 year-olds on full-time courses at colleges, aligned to their post-16 funding. However, I agree with noble Lords that we need to ensure that funding for 14 to 16 year-olds in colleges is sufficient. Noble Lords will know, and I hope be reassured by the fact, that the basic rate of funding per student will increase by 8% next year as part of the work to close that gap.

--- Later in debate ---

[Baroness Chapman of Darlington (Lab)]

I looked at these amendments and what struck me is that there did not seem to be an awful lot of trust in the Government on this area. I think we are all very worried about this because we have all spoken to families. I commend the noble Baroness, Lady Brinton, on her speech, which was quite a difficult listen. The cases she described were harrowing in the extreme. However, reflecting on the conversations I know many of us here have had over the years with parents in not completely dissimilar situations, we recognise that sense of desperation. Reluctantly removing your child from school because you feel their needs are not being met is such a big thing to have to do as a parent. It should trouble us all that families are put in this situation.

It gets to a pretty fundamental issue about who is entitled to support, how much they get, what it is used for and how it varies so wildly across the country. We are obviously used to locally determined provision on various things, but this seems to be so fundamental to a child’s well-being that it should not be dependent to the extent that it is on where you happen to live.

When I looked further into this, I came across a report from the House of Commons Library, which explained that in January 2007 there were 1.6 million children with special educational needs in England, which grew to 1.7 million in 2010 before declining and reaching its lowest level of 1.2 million in 2016. This fluctuation suggests that something is going on here that is about not just the child’s need but assessment, local availability of support or some other change of approach. Clearly, we want children to be supported appropriately and consistently.

It would have been helpful to have had the benefit of the SEND review ahead of this Bill, because there is very little in the Bill on this. Amanda Spielman has said that the 2014 SEND reforms, which were some years ago now,

“had the right aspirations, but did not have the intended impact because insufficient attention was given to their implementation.”

She was absolutely right about that because, according to the National Audit Office, between 2014 and 2018—so after the last set of reforms—

“the Department increased high-needs block funding by £349 million (7.2%) in real terms. This rise was larger than the 2.3% real-terms increase in schools block funding for mainstream schools, meaning that the Department has shifted the balance of funding towards high needs. However, because of a 10.0% rise in the number of pupils in special schools and those with EHC plans in mainstream schools, high-needs funding per pupil fell by 2.6% in real terms”

over that period, after the last review. The NAO’s report continues:

“Per-pupil funding in the schools block also reduced over the same period, despite a £754 million real-terms increase in total funding”.


We are very concerned that this new review does not fail on its implementation in the way Amanda Spielman says the last one did—I know many people would agree with her. We wonder whether we will look back when we get the SEND review and think, “My goodness, if only there was a Bill coming before us.” It is not too late for the Government to set out the concrete steps they might want to take to get this provision right. To be positive with the Minister, we would very much welcome government amendments on this on Report or when the Bill enters the other place. These children are often our most vulnerable. They need our support as soon as possible. It is a shame that we are not getting the benefit of the consideration that will take place as part of the review before the Bill reaches Report.

[Baroness Penn (Con)]

My Lords, I welcome the opportunity to discuss further issues related to SEND on this Bill. As the noble Baroness, Lady Chapman, said, some of the individual examples and stories were quite harrowing. It is an issue that the Government take very seriously and, through the process of the SEND Green Paper, are committed to improving. I assure the noble Lord, Lord Hunt, my noble friend Lord Holmes and others that this Government are just as ambitious for children and young people with SEND as for every other child and young person.

Amendment 97 in the name of the noble Lord, Lord Hunt, highlights the importance of local authorities providing specialist educational support services for children and young people with sensory impairments, and there being sufficient funding to do so. As we have heard, local authorities have existing duties to ensure that appropriate support is available to meet their needs. To enable them to do this, they have flexibility on how they use high-needs funding, including to support those with sensory impairments. The budget has increased by £1 billion this year to a total of £9.1 billion. In a number of contributions, we heard about the pressures on the high-needs budget. This is something that the Government acknowledge and have tried to take action to improve. We have seen unprecedented increases in high needs funding. The SEND and alternative provision Green Paper proposals for changes are also intended to establish an improved system that is financially sustainable, as well as securing better outcomes for children and young people. We are really clear on the need to do that.

Within the current system, Ofsted and the CQC report that some areas, such as Barnsley and Hounslow, are highly successful in offering good provision for children and young people with sensory impairments. We want to spread good practice such as this to all areas and, as several noble Lords, including the noble Lord, Lord Storey, referred to, remove the postcode lottery that can be associated with special needs. That is why we are consulting on introducing national SEND standards as part of our Green Paper.

Amendment 99 from the noble Lord, Lord Hunt, proposes a new requirement that all local authority “children not in school” registers must include information about any special educational need or disability that child may have. I know that we will speak in much more detail later in Committee about those registers, but I assure noble Lords that we plan to legislate via regulation to require local authorities to record information about any special educational needs and disabilities a child may have within their register.

Turning to the amendments from my noble friend Lord Holmes, Amendment 163 seeks clarity on the Government’s plan to improve outcomes for pupils with SEND and report on those pupils’ attainment in key examinations. The Government have plans to reduce the attainment gap and improve the SEND system in, as I said, both the SEND and alternative provision Green Paper and the schools White Paper. Taken together, these papers contain ambitious proposals to improve outcomes. Regarding my noble friend’s point on data, the Government already publish information on the attainment levels of children and young people with SEN.

I share my noble friend’s view, set out in Amendment 164, of the importance of ensuring that all students eligible for disabled students’ allowance are made aware of it. That is why existing legislation already requires local authorities to publish information about disabled students’ allowance in their local offer, which must be accessible to all those with SEND and their families. In addition, the Student Loans Company provides information about student finance to schools and colleges, actively engages with higher education providers about student finance, including disabled students’ allowance, and supports higher education institutions to publicise it through events.

On Amendment 165, on every child having access to the support they need and the role that the right documentation can play in this, which the Government would acknowledge, children and young people who require them will receive EHC plans, which are statutory documents describing their needs, and the educational, health and social care provision required to meet those needs. Mainstream schools may, when complying with their existing statutory requirement to deploy their “best endeavours” to secure special educational provision for children and young people with SEN, use appropriate documentation to do so.

Finally, my noble friend’s Amendment 166 would require the department to consult academics, including those who subscribe to the social model of disability. I assure him that one of the key principles underpinning the SEND system is the social model of disability. Where a child or young person needs additional support to access education, their educational setting must put in place appropriate support. The nature of that support is not contingent on any particular diagnosis.

Finally, Amendment 171V in the name of the noble Baroness, Lady Brinton, would require schools to follow medical advice provided by a pupil’s doctor. I assure the noble Baroness that the Government are committed to supporting pupils with medical conditions at school. That is why we already set expectations that schools consider the advice of healthcare professionals.

Schools Bill [HL]

Baroness Penn Excerpts

Committee stage & Lords Hansard - Part 1
Wednesday 15th June 2022 Lords Chamber

[Baroness Chapman of Darlington (Lab)]

I should perhaps declare an interest on the amendments moved by the right reverend Prelate the Bishop of Chichester on behalf of the right reverend Prelate the Bishop of Durham, given that my children attend academy schools in the area of that diocese.

We would like to put on record our appreciation for the contribution of the Church of England to education in the country. I think it was very well put that there needs to be a strategic approach. The amendments tabled by the right reverend prelate the Bishop of Durham would better able that to happen, so we are sympathetic to the case that was made.

We were already minded to support Amendment 60, and my noble friend Lady Morris made the case better than I could. The issues highlighted prove that the Bill would have benefitted from some pre-legislative scrutiny.

I was particularly pleased to hear comments about fair access and admissions. Should we be forming a government any time soon, we would probably want to explore that and push it still further.

Given the very solid case that was made by both the noble Duke, the Duke of Wellington, and my noble friend Lady Morris, we would want the Minister to be as sympathetic as she can be in response to these amendments at this stage.

[Baroness Penn (Con)]

My Lords, I will start by responding to Amendments 59, 64 to 67, and 71 to 74 in the name of the right reverend Prelate the Bishop of Durham. I thank the right reverend Prelate the Bishop of Chichester for moving these amendments on his behalf.

I acknowledge the very important role played by churches and other religious bodies in state education. As the right reverend Prelate has said, these amendments relate to powers to support schools to join multi-academy trusts, helping to fulfil the Government’s ambition to have all schools in or joining a strong trust by 2030. I welcome the right reverend Prelate’s support for that ambition. I understand that, as he said, the purpose of Amendment 59 is to make the language used in Clause 29 consistent with other legislation relating to maintained schools in a church context. However, the existing wording of the clause already captures these particular schools and so this amendment would have no material effect.

Amendment 64 relates to requirements for local authorities to obtain consents before applying for an academy order on behalf of a school with a foundation. The Government understand the desire for the appropriate diocesan authority, as the religious body for a church school, to be among the bodies whose consent is required for an application. However, as drafted, the amendment captures only the diocesan authorities and not religious bodies for other faiths, and the position should be fair for all religious bodies.

The remaining amendments tabled by the right reverend Prelate the Bishop of Durham seek to enable certain religious bodies to apply to the Secretary of State for academy orders in relation to schools for which they are responsible. As I have said, the Government want schools with a religious character to enjoy, like all others, the benefits of being part of a strong academy trust. The Government are sympathetic to the principle of these amendments but further consideration is needed to establish the scope of the religious bodies that could apply for an academy order and the types of maintained school to which it should apply. As drafted, the amendment may not adequately capture all the religious bodies involved in maintained schools with a religious character. It may also inadvertently include bodies which are responsible for schools without a religious character.

Although I have set out some concerns relating to Amendments 64, 65, 67 and 71 to 74, the Government understand the intentions behind them and will reflect further on the issues raised by those amendments and the right reverend Prelate.

Turning to Amendment 60A, first, I want to reassure the noble Duke, the Duke of Wellington, on a specific point—though this may be unnecessary, because he said that this was a probing amendment. He will know that music and dance schools are typically independent schools, and that 16 to 19 maths schools are already academies. As such, they will not be affected by this clause. However, it would be wrong to exclude any schools in the maintained sector with a music, dance or maths specialism from the benefits of being part of a strong trust. I recognise the importance of preserving the unique characteristics of specialist schools within a fully trust-led system, as we have heard from the Committee. I can confirm that, in the event that a local authority applied for an academy order in relation to a specialist school, the regional director would have regard to the capacity of the proposed trust to preserve and support that school’s specialism. But to be absolutely clear to the noble Duke and the Committee, there are no powers in the Bill that would force an existing academy to join a multi-academy trust, and that might be why he was struggling to amend the Bill to address his concerns.

[Baroness Chapman of Darlington (Lab)]

I am a little confused. In the White Paper, the Government’s intention around MATs is quite clear. I think the noble Duke is seeking some assurance that that will not apply to the schools that he is interested in.

[Baroness Penn (Con)]

I absolutely understand that point. I was simply reassuring the noble Duke that within this Bill there are no powers to compel anyone to join a multi-academy trust. It is the Government’s vision for every school to be part of a strong trust by 2030. The intention is for the Government to work with academies and to move people with the Government in pursuit of that vision. I was simply saying that there is nothing in the Bill that would compel an academy to join a multi-academy trust. That said, we have consistently seen that schools in multi-academy trusts are stronger together. The collective focus, vision and community creates opportunities, facilitates collaboration, enables resilience and improves educational outcomes.

[Lord Addington (LD)]

I have listened to what the Minister has said, having not joined in on the debate on this amendment before. Are we saying that specialist schools which stand out from the normal run of schools are not expected to join because it goes against their ethos or because they do not fit in terribly well but that it is a jolly good idea if they do? This is a little confusing. We need some clarity before we move on. Effectively, the Government are saying that joining a multi-academy trust is a good idea but that these schools do not have to, but they then say that they want every school to join one. Can the Minister clarify this?

[Baroness Penn (Con)]

We are saying that joining a multi-academy trust is a good idea and that we would like everyone to do it. We are encouraging everyone to do it, but there are no powers within the Bill to compel people. The reason we think it is a good idea is that we have seen that schools in multi-academy trusts are stronger together. Of course, it would be open for such specialist schools to, for example, perhaps form a multi-academy trust with each other. We know that there are many high-performing, stand-alone schools that have the capacity to support other schools within the combined accountability of a MAT model.

[Viscount Eccles (Con)]

I may be wrong, but is there not a route to making it enforceable, or close to enforceable, by way of secondary legislation, given the way in which the Bill is drafted?

[Baroness Penn (Con)]

I sought to confirm the point that was directly raised by the noble Duke about the powers within the Bill, and I have been given the reassurance that there are no powers within the Bill to force an existing academy to join a multi-academy trust. I will seek further, triple reassurance on that point, but I sought clarity on it before addressing this.

[The Duke of Wellington (CB)]

My Lords, I am grateful to the Minister for her various replies. I am not nearly as expert on these matters as the many former Education Ministers who are Members of this House clearly are. Nevertheless, my concern remains that the way the Bill is constructed means there will inevitably be regulations and other secondary legislation coming forward, or indeed even possibly another Bill. I am trying to seek an assurance from the Government that these sorts of schools will never be forced into a multi-academy trust without the consent of their own governing body. In the case of the maths schools, as the noble Baroness, Lady Morris, so rightly put it, each of them has an existing partnership with a university. Therefore should a maths school ever be forced to join a multi-academy trust, or the Government of the day forces one, surely it should not be done without the consent of its own governing body and its sponsoring university.

[Baroness Penn (Con)]

I understand the reassurances that the noble Duke seeks. I reassure him that we understand the unique nature of these schools and we want to see them thrive. We think that is possible within a multi-academy trust model. However, I reassure him that in the Bill before us today there are no clauses or powers that would force an existing academy to join a multi-academy trust. I am afraid it is not possible for me to think about any future Bill that could come before this House. We have a stated policy aim—an ambition—but we have chosen not to put any powers in this Bill to force any academy to join a multi-academy trust. We have been clear that in pursuing that policy aim we want to bring schools and academies with us. That is the approach we would seek to take.

[Lord Knight of Weymouth (Lab)]

My understanding is that the powers in the Bill including ones for single-academy trusts to be subject to all the directions and all the compliance that we discussed on Monday. I believe there is a recent government amendment to make this possible. Therefore, my reading of it would be that the powers are there. If a Secretary of State decides that all single-academy trusts are going to go and they are all going to join multi-academy trusts, the powers are there for them to find reasons to do so and use the powers in the Bill to close down the single-academy trusts, which are then left having to find a home.

[Baroness Penn (Con)]

I take the noble Lord’s point. I absolutely reassure him that that is not the intention. I will also go away and double check that there is not the ability to do that under those powers. Given the discussions we have had on those parts of the Bill and our commitment to reflect on them, our discussion on this issue and the reassurance that is being sought will also form part of the discussions.

[Viscount Eccles (Con)]

May I just articulate another problem I have? The noble Baroness used the word “intention”. When I think about the summing up and read the summings up in Hansard, we have been presented a stream of good intentions. The problem is that I do not think Parliament is at all wise or sensible to live on good intentions; we all know where they can take you. I reiterate that it seems that the scheme of this Bill, broadly speaking, allows the Secretary of State to find a way of imposing the policy that every school should be in a multi-academy trust one way or another. At the moment, that is the position. I am afraid that both the right reverend Prelate and the noble Duke must view the future rather pessimistically.

[Baroness Penn (Con)]

I was clear about the Government’s intention for these powers, which is not to use them to make single academies join a multi-academy trust. I also gave two undertakings in listening to this group in Committee. One is to go away and confirm, on the scope of the powers as drafted in the Bill, that it is not possible to do that, but the other relates to our wider conversations about those parts of the Bill where the Government have already given an undertaking, having heard the views of the Committee, to listen and reflect. My noble friend the Minister started today’s Committee by trying to give an assurance to your Lordships that that is what we are doing. Therefore, on this particular question it is important to be clear about the Government’s intention, which I hope I now have been, but I will also undertake two further actions, which speak louder than words, both to confirm on the powers as drafted and to reflect on how we have drafted those powers.

[Lord Deben (Con)]

In that spirit, will my noble friend also discover whether the Government have the power to use the money they give to these individual schools in a way which could in fact insist that they become members of a multi-academy trust? My own experience is that the most important thing is to ring-fence the money from the interference of a Secretary of State who would use it to say, “You don’t get your money unless you join this”, or, “You get more money if you join this.” We need that reassurance too.

[Baroness Penn (Con)]

My noble friend’s contribution falls within the remit of the undertaking that I have already given to the Committee.

[Lord Grocott (Lab)]

My Lords, to my mind, the various assurances the Minister has given present a further complication. If she is able to give reassurance to the noble Duke about a particular type of school, which is pretty well defined, being able to guarantee its continued independence away from a multi-academy trust, as it were, what does that say to other schools which may have particular characteristics? What is the defining characteristic that distinguishes schools which can remain if they want to from those that cannot?

[Baroness Penn (Con)]

To be clear, the undertaking I gave was around the Bill’s powers being used to compel an existing stand-alone academy—the noble Duke gave the example of a specialist maths school but it is not restricted to that—to join a multi-academy trust, not based on any further characteristics of the school. I hope that reassures the noble Lord.

[Baroness Chapman of Darlington (Lab)]

I think the noble Baroness knows what we are getting at here. She has said that she will endeavour to come back with something concrete for us, and that is appreciated. However, reflecting on this, this is not just about requiring these schools to join MATs. The noble Duke has highlighted for us that the powers contained in the Bill could get to the activities of these schools and undermine the essence of them, which my noble friend described. There is nothing in the Bill to protect those schools from that. Previously, my noble friend said that she would quite enjoy the ability to impose standards across all schools, but I do not think she was thinking of these schools when she said that. There is a bigger problem that we have come across here, which the Minister should also attend to.

[Baroness Penn (Con)]

The most successful multi-academy trusts build on the strengths of these types of schools. The intention is to build on the strengths that we see in all sorts of academies, including specialist academies, in building the school system that we want to build in future. That is what is set out in the schools White Paper and what we are trying to deliver and achieve. Looking at and building on the freedoms that those kinds of schools have used to strengthen our education system is the direction of the travel that the Government have set out. We certainly want to continue to support that. We believe that these schools do an excellent job and we want to protect them in future.

I think I have gone as far as I can in setting out my understanding of what the Bill does and in seeking to reassure noble Lords that I will go away, check this point and look at it in the context of the wider concerns about the powers in certain sections of the Bill.

We heard in the debate about the partnership model that these schools have and their important role in providing outreach to other schools in the local area; indeed, that is part of the model that they have. Although it is our view that they can be part of a successful multi-academy trust, I have none the less given an assurance about our intention behind these powers and an undertaking once again to go away and confirm that point for noble Lords. With that, I hope that the right reverend Prelate will withdraw the amendment for now.

[The Lord Bishop of Chichester]

My Lords, the amendment in the name of the noble Duke, the Duke of Wellington, has produced far more energy. I have to say, what I think is shared here is a concern that what happens in our schools is not done in a piecemeal, ad hoc way but intentionally. So it is not just about the intention of the powers that are brought but about what their effect will be. Of course, finding that you are alone is a dangerous place to be in a powerful, fast-moving organisational circumstance.

I am grateful to the Minister for her assurance that she is sympathetic to and understands the Church’s concerns over church schools. The need for a wider scope for what we had drafted in this amendment will be considered. I beg leave to withdraw the amendment in the name of my right reverend friend the Bishop of Durham.

Schools Bill [HL]

Baroness Penn Excerpts

Committee stage & Lords Hansard - Part 2
Wednesday 15th June 2022 Lords Chamber

[Baroness Chapman of Darlington (Lab)]

It is pleasure to speak to Amendment 88 in particular. We are very pleased to see it. This is an important group of amendments. We believe that there is a need to do more in this area.

I am very proud that my party—a couple of years ago now or maybe it was last September in Brighton—set out a new NHS target ensuring that patients start receiving appropriate treatment, not simply an initial assessment of need, within a month of referral. We have committed to recruiting 8,000 new staff so that 1 million additional people can access treatment every year and we also think there should be open-access mental health hubs for children and young people in every community, providing early intervention and drop-in services to support pupils and solve problems before they escalate.

We would like to see a full-time mental health professional in every secondary school and a part-time professional in every primary school. The evidence base for this is good and there are some excellent projects and work happening in schools that I have visited. I will recommend one, Place2Be—the Minister is nodding and it is good that she is aware of this and she supports it too. It looks at the general well-being in the school and also supports staff in the school. We think that that is important too.

We are concerned about the patchy nature of the support that is available. In too many cases there is a lack of early intervention and prevention. The waits for children’s mental health services have been described as “agonising” by the chief executive of the YoungMinds charity, and a BBC freedom of information request revealed that 20% of children are waiting more than 12 weeks to be seen. By the time they get to that point of referral, the problems are usually already pretty severe and causing huge anxiety and stress to the child, as well as to the wider family. The Government could fund this in part by removing the VAT exemption from private schools—but I know we will come back to this at later stages; we will probably discuss it in more depth next time.

One of the most urgent needs of our time is mental health, and we must make sure that children and young people get early help, with specialist support in every school. It is urgent, and it is quite remarkable that the Bill does not mention mental health.

The noble Lord, Lord Woolley, is not here, and he will not be speaking to Amendment 171E. However, while I am on my feet, I point out that he is talking about extending the remit of Ofsted to consider the work being done. We are interested in this, but, if this idea was to be pursued at some stage, we would also be interested to make sure that Ofsted has the expertise and resources to do this work in the way that I am sure he would want to see happen.

[Baroness Penn (Con)]

My Lords, I am grateful to the noble Baroness, Lady Brinton, for Amendment 88 and for allowing the Committee to return to the question of mental health support in schools.

The Government believe that school leaders should have the freedom to make their own decisions and prioritise their spending to best support their staff and pupils, especially as they address the recovery needs of their children and young people from the pandemic. This support can include school-based counselling services, and we have provided guidance on how to do that safely and effectively. To provide this support, schools can use the additional £1 billion of new recovery premium announced in the autumn, on top of the pupil premium, as well as their overall core school budget—which has significantly increased—to support their pupils’ mental health and well-being. As I said, this can include counselling or other therapeutic services.

However, as the noble Baroness acknowledged, schools should not be the providers of specialist mental health support, and links to the NHS are vital. That is why we worked with the Department of Health and Social Care and NHS England to create mental health support teams—which the noble Baroness referred to—funded by NHS England, which are being established across the country. As the noble Baroness said, the teams, made up of education mental health practitioners and overseen by NHS clinicians, provide early clinical support and improve collaboration between schools and specialist services.

The Government believe that, rather than funding for specific types of support, we should continue to give schools the freedom to decide what pastoral support to offer their pupils. However, to support schools in directing that funding we have put funding in place, as the noble Baroness acknowledged, so that they can train a senior mental health lead in every school, who can then look at what approach is best for pupils in each school.

[Lord Addington (LD)]

On that senior lead, if you have one person who knows something about this, they cannot get round the whole school, and there is a process by which you have to get the child in question to their attention. Are the Government giving any general guidance to staff to consult that person?

[Baroness Penn (Con)]

I will check and follow up with the noble Lord in writing, but I know that having the lead in place means that they can then be the person to whom other staff in the school can go and with whom they can interact, to get guidance and help shape the school’s approach. It is not for the lead to be singly responsible, but they can get training that can then inform other staff as well.

I was just coming on to say that we have put funding in place. Our aim is that all schools will have a lead in place. More than 8,000 schools and colleges in England, including half of all state-funded secondary schools, have taken up this training offer so far. We recently confirmed further grants to offer training to two-thirds of schools and colleges by March 2023, with the ambition that, by 2025, all state-funded primary and secondary schools, as well as colleges, will have had the funding made available to train a senior mental health lead.

In addition to training for senior mental health leads, there are also the mental health teams to which I referred. The noble Baroness, Lady Chapman, asked for an update on our progress in delivering these. They currently cover 26% of pupils in schools and further education. Our ambition was to cover 25% by next year so we have already met that ambition; indeed, we have raised it to cover 35% of pupils in England by next year.

More broadly, when those specialist teams are in place, they need to be able to refer students to more specialist support where needed. That involves more money going into children’s mental health. I can confirm to noble Lords that there is record NHS funding for children’s mental health services. It will grow faster than the overall NHS budget and faster than adult mental health spending in the coming years. There is more to do, but increased funding and priority are being given to this issue by the Government, not just in schools but in the NHS where those specialist services need to be delivered.

I am grateful for the opportunity to set out again the priority the Government are giving to this issue, the progress we are seeking to make and the approach we think is right to support schools in supporting the mental health of their pupils. I hope that the noble Baroness, Lady Brinton, will withdraw her amendment.

[Baroness Brinton (LD) [V]]

My Lords, I thank everyone who has taken part in this short debate. Before I respond on Amendment 88, I want to offer my support to the noble Lord, Lord Woolley, for his Amendment 171E, which would require Ofsted to ensure that schools take account of the public sector equality duty to tackle discrimination, promote equality and assess extracurricular activities at the school. It may seem obvious but, at the moment, there seems to be some confusion about that duty and various parts of our public sector; it is good to see the amendment there.

I am grateful for my noble friend Lord Addington’s helpful comments, further to mine, on Amendment 88 and how essential it is to ring-fence mental health funding to ensure that education staff are effectively trained, as well as being supported by CAMHS.

The noble Baroness, Lady Chapman, talked about some excellent initiatives, such as Place2Be. She echoed my concerns about the patchy nature of CAMHS provision and how long severely affected children can wait. Just last week, I heard of a family friend with a daughter who shows clear signs of serious clinical mental health problems. However, the queues at their local CAMHS are such that they have been told that she will be seen only if she is suicidal. She is eight. That is just too late. It also places unacceptable pressure on a little girl, her family and her school. I recognise that this is an NHS problem—I applaud the Government for trying to join some of this up—but it is why we must have some ring-fenced funds: to make sure that the school side of this, the mental health partnership, will actually work.

Schools Bill [HL]

Baroness Penn Excerpts

Committee stage & Lords Hansard - Part 1
Monday 13th June 2022 Lords Chamber

[Lord Baker of Dorking (Con)]

My Lords, I think Amendment 35 allows us to discuss Clause 3 standing part of the Bill, and I would like to say something about that. This is an important Bill.

[Baroness Penn (Con)]

My Lords, Clause 3 stand part was debated on our first day of Committee.

[Lord Baker of Dorking (Con)]

I do not believe that Clause 3 was passed on the first day—

[Baroness Penn (Con)]

My Lords, Clause 3 was not passed. It is possible for the noble Lord to de-group and discuss Clause 3 stand part, but it is not part of the group of amendments we are discussing currently.

[Lord Baker of Dorking (Con)]

My Lords—

[Lord Baker of Dorking (Con)]

I thought that in fact, with great respect, in the earlier debate we debated Clauses 1 and 4, which are no longer there. Amendment 35 states specifically that:

“The above-named Lords give notice of their intention to oppose the Question that Clause 3 stand part of the Bill.”

[Baroness Penn (Con)]

My Lords, it may be the Marshalled List that is causing confusion. We have Amendment 35 on the Marshalled List, which we are discussing in this group, and then we reach Clause 3 stand part, which is separate to that. As I said, we debated it in a group on the previous day but as the Deputy Chairman said, we have not put the Question on that yet. I believe we will come to that after this group.

[Lord Addington (LD)]

My Lords, it might be helpful to point out that my amendment was inspired by the Delegated Powers and Regulatory Reform Committee report, which talks about Clause 3 and its relevance.

--- Later in debate ---

Just finally, we have had to shoehorn this discussion into the Bill because it does not seem to say anything about admissions beyond the Secretary of State being able to have a power to make orders about them. This has been a most worthwhile, enlightening and enriching debate, and it would be good if the Government could be a bit more forthcoming about what they plan to do.

[Baroness Penn (Con)]

My Lords, Amendments 35A, 78, 160 and 162 in the names of the noble Lords, Lord Knight, Lord Shipley and Lord Storey, and the noble Baroness, Lady Chapman, seek to clarify the strategic role of the local authority in education, particularly on admissions. I welcome the opportunity to restate that this Government believe that local authorities should remain at the heart of the education system, as the noble Lord, Lord Knight, said, championing all children, particularly the most vulnerable.

Through existing legislation, local authorities are already responsible for ensuring that every child in their area has a school place; for co-ordinating applications for the main round of school places; for identifying children and young people in their area who have special educational needs or disabilities; and for working with other agencies to ensure that support is available. As we move to a fully trust-led system, local authorities will retain these roles, continuing to ensure there are enough school places and to play a central role in fair admissions, particularly for the most vulnerable. We plan to increase the levers that local authorities have to help them deliver these duties, while maintaining trust autonomy.

Like my noble friend Lord Nash, I must disagree with some of the sentiments expressed by some of the Committee on trust autonomy with regard to admissions. The best MATs and academies have a strong record of admitting pupils from disadvantaged backgrounds and achieving excellent outcomes. My noble friend the Minister will happily write to the Committee to set out more detail on this issue.

The noble Lord, Lord Addington, asked about how special educational needs will fit into the picture. In the SEND and alternative provision Green Paper, we proposed new powers to convene partners as part of a statutory framework for pupil movement, including for excluded children. To respond to the question from the noble Lord, Lord Shipley, we will also include consultation on a power for local authorities to direct trusts to admit individual children in limited circumstances. Consultation is ongoing on these proposals. In the schools White Paper, we proposed further strengthening local authority levers to deliver their duties with a new power to object to the schools adjudicator when a trust’s planned admission numbers threaten school place sufficiency and requiring local authorities to co-ordinate in-year applications. We will consult on these measures; it is important that we listen to the outcomes of that consultation. My noble friend Lady Berridge asked about the timing of that. Given the scale and complexity of the admissions system, it is important to get these decisions right, so we are working currently with the stakeholders to refine our proposals. We will consult in due course and seek a further legislative opportunity where needed.

I also agree with the noble Lord, Lord Knight, and others that close working between trusts and local authorities on these duties is essential. Through the proposed powers in Clause 1, we will create a new collaborative standard, which will require trusts to collaborate with local authorities and encourage better co-operation. Amendments 160 and 162, however, propose making the local authority the admission authority for all schools. This would prevent school leaders making decisions that are most appropriate to their community, including, as we heard from the right reverend Prelate the Bishop of Bristol, for voluntary aided schools, which have had long-standing control over their own admissions.

The proposal in Amendment 78 to allow a local authority to direct a physical expansion of any school would be very difficult to achieve, because in many cases neither the local authority nor the Secretary of State has control over a school’s land. Our White Paper proposal instead allows trusts to continue to determine how many places they will offer but gives local authorities an additional power to ensure that they can still meet their sufficiency duty.

Amendment 58A from my noble friend Lord Lucas rightly emphasises the importance of parents having access to the information that they need to support their children’s schooling and of schools having good links with their parent body. However, we do not believe that this amendment is necessary because existing regulations, which academies are required to follow via their funding agreements, already require academy schools to provide a range of information to parents on aspects such as exam performance, Ofsted outcomes and admission arrangements. Furthermore, the department’s governance handbook is clear that schools and academy trusts should have in place mechanisms to engage with parents and the broader community, and that should be able to demonstrate how those views have influenced their decision-making. These provisions will transfer to the academy standards in future.

Amendment 160, in the name of the noble Baroness, Lady Chapman, is rightly concerned with the best interests of looked-after children, some of the most vulnerable in our society. That is why the School Admissions Code already requires all schools to give the highest priority in their admissions criteria to looked-after and previously looked-after children. To respond to Amendment 169 in the name of the noble Lord, Lord Triesman, I am pleased to confirm that the admissions code was updated last year to require admissions authorities to provide children adopted from state care outside England equal highest priority for admission with those who are looked after and previously looked after by a local authority in England. That change is now in force. I join him in paying tribute to my right honourable friend Nick Gibb, the previous Schools Minister, but also noble Lords in this Chamber—the noble Baroness, Lady Walmsley, and the noble Lords, Lord Russell, Lord Watson and Lord Storey, as well as my noble friends Lord Agnew and Lord Nash, who, along with the noble Lord, Lord Triesman, have shown a commitment to advocating for this group of children. The Committee has my commitment that those children will continue to be prioritised in admissions criteria. As the noble Lord, Lord Triesman, noted, the Government are looking at including them in the school census from the 2022-23 academic year to gather the data that we need when we look at extending the pupil premium plus to that group of children too.

Finally, I turn to the amendment of the noble Lord, Lord Hunt, which seeks to remove Clause 28 from the Bill. As we have heard, grammar schools have a long history within the education system and, where they exist, they are popular and oversubscribed. However, they are concerned about surrendering their independence to a MAT if it does not share their views on selection by ability. Clause 28 will put the status of academy grammar schools on to a legislative footing by designating them as grammar schools in the same way as local authority-maintained grammar schools are designated as grammar schools. The Bill will not enable the opening of new grammar schools. These changes, at their heart, are about regularising, within legislation, the status of grammar schools.

[Baroness Chapman of Darlington (Lab)]

We completely accept that the Bill as it stands does not legislate for new grammar schools, but is it the Government’s position that, should such an amendment be forthcoming in the other place, they would oppose it?

[Baroness Penn (Con)]

The Bill does not provide for that, and it is not government policy to open further grammar schools. It is about regularising their status within the legislation, and the provision makes sure that only a parental ballot can trigger an end to selection, whether that grammar school is a local authority-maintained grammar school or an academy grammar school. It will remove one of the main perceived barriers to them joining a MAT, while retaining the right of parents to choose whether they should continue to select by ability. I therefore hope that the noble Lord, Lord Knight, will feel able to withdraw his amendment and that other noble Lords will not move theirs when they are reached.

[Lord Lucas (Con)]

My Lords, might I just drop in before the noble Lord, Lord Knight? My noble friend is not right in saying that academies currently provide all the data required on admissions. I have written to the Minister and demonstrated many examples of where this information is not provided. Yes, you can go to the school and ask for it, and it may be somewhere on the school website, in an irregular place, but it is absolutely not given to local authorities in a way that makes it easy for the local authority to publish a booklet that gives parents complete information on the admissions structure in their demesnes. This hurts parents a lot. As editor of the Good Schools Guide, I know how much this disadvantages parents who do not have the time and experience to crack the code of 20 different schools and find out how to get the information and how it all knits together. It really gets in the way. If my noble friend would be willing to grant me a conversation with officials on that, I should be most grateful.

[Baroness Penn (Con)]

I will happily arrange that conversation. There are two points I would make to my noble friend. The first is that the information is publicly available, albeit maybe not in the format that he thinks is most usable. The second comes back to the new collaborative standard requiring trusts to work collaboratively with local authorities, which will encourage better co-operation. I hope that will be a positive move in his eyes.

[Lord Knight of Weymouth (Lab)]

My Lords, I am grateful that we have been able to have an hour and 20 minutes to discuss admissions. Given that the Government’s policy is that all schools should become academies, it is an uncertain area and it is really important that we have taken a bit of time to debate it.

I am delighted that my noble friend Lord Triesman already has a victory under his belt. I think my noble friend Lord Hunt is pretty close to a victory: we noted the words that the Bill as it currently stands will not enable the opening of new grammar schools and that it is not government policy for new grammar schools to be created without a parental ballot. Let us just hope that this government policy remains sound as the Bill proceeds through both Houses. There were some really powerful speeches, as ever, from my noble friend Lady Morris in particular, my noble friends Lord Triesman and Lady Blower—those are just the ones around me—and others.

I say to the right reverend Prelate the Bishop of Bristol that it was not my intention at all to interfere with the admission arrangements for voluntary aided schools. I am scarred from my time as Schools Minister from a moment when we heard the shadow Secretary of State, a young David Cameron, say that we might want to loosen up admission arrangements for faith schools. So the then Secretary of State, Alan Johnson, and myself announced that maybe that was a good idea and we then had priests preaching against us on Sunday and MPs in the Division Lobbies beating us up, saying, “We are going to lose the next election if you go ahead with this” and we performed a very delicate U-turn. I really did not want to go anywhere near interfering with the admission arrangements of voluntary aided schools.

I say to my noble friend Lord Grocott, in connection to his comment about the 11-plus, that my dad was one of four sons in Kettering who all took the 11-plus. He passed; his youngest brother, Hugh, passed; the middle two brothers failed. The two who passed joined the professions, one as an accountant, the other as a banker; the two middle ones took much lower-skilled work and both emigrated, one to Canada and one to Australia. Those two remained close; the two who passed the 11-plus remained close; but in my view, the 11-plus created a schism in our family, and that is part of my very deep opposition to selection and grammar schools.

My noble friend Lady Morris talked about the chaos of admissions, and that undoubtedly advantages middle-class parents. They can navigate the criteria; they can navigate what order to put schools in—what is your second or third choice, but you will only get looked at if it is your first choice, and you have to be quite sophisticated to work out the order you put things down. Then there are appeals. When I was an MP, I occasionally had constituents who came to see me wanting help with an admissions appeal in the summer, and they were never the more disadvantaged constituents in my area; they were only ever the more articulate ones. We really need to get this right if we want a school system that deals with entrenched disadvantage.

Having listened carefully to what the Minister had to say from the Dispatch Box, I will be pleased if, subject to the conversation we are having about Clauses 1 to 18, we get to a point where she introduces a collaboration standard. I would welcome that. I encourage the Government to go further and show us what their vision is for local authorities across the piece. She came close to that in some of her comments, but I would like to see, in the context of schooling, the Government’s vision for the role of local authorities, MATs, individual schools, and the Secretary of State. Publish that so that we can all see it before Report and can then make our judgment about whether they have it right. That would really help us, and then we might have some agreement about the future of admissions for all our schools. I am happy to withdraw my amendment.

--- Later in debate ---

[Baroness Penn (Con)]

My Lords, I beg to move that the House be now resumed—

[Lord Hacking (Lab)]

Before the House is resumed, I draw attention to the clock, which has been stuck for a long time at 10 past three, as indeed, I understand, have all the clocks in the House. Since this is an education Bill and to do with the world of academia, I remind your Lordships of a poem written by Rupert Brooke just before the First World War. It was a nostalgic poem, because he was not very happy living in Germany at the time. He ends the poem:

“Stands the Church clock at ten to three?


And is there honey still for tea?”

Schools Bill [HL]

Baroness Penn Excerpts

Committee stage & Lords Hansard - Part 2
Monday 13th June 2022 Lords Chamber

[The Lord Bishop of Chichester]

My Lords, I speak on behalf my colleague, the right reverend Prelate the Bishop of Durham, on his Amendment 51 and declare his interest as chair of the National Society. We tabled this amendment because, for Church of England schools, there will be occasions when schools are not in trusts where former voluntary aided schools are in the majority. For us, there needs to be the same consistency of approach in Clause 20, which is of particular importance for Roman Catholic schools, for example, as there is in Clause 19. Clause 19 sets out the requirement that the Secretary of State “must make regulations” concerning multi-academy trusts. However, as things stand, Clause 20 is only a “power” and does not guarantee regulations for trusts that do not meet the baseline voluntary aided numbers outlined in Clause 19.

We must ensure that there are appropriate regulations for all Church of England schools in trusts, so it is crucial that the Secretary of State must, rather than just may, make regulations in the context of the Church of England to provide legislative protection and assurance for any MATs where there are less than 50% voluntary aided schools within the trust. I would further welcome any assurance the Minister can provide that our understanding is correct that Clause 19 describes a baseline over which a trust must have majority articles but does not represent a threshold, and therefore does not prevent MATs that do not have a least 50% voluntary aided schools within the trust operating under majority articles.

[Baroness Penn (Con)]

I thank the right reverend Prelate the Bishop of Chichester for moving this amendment. As he said, the amendment would require the Secretary of State to make regulations under Clause 20, rather than providing the Secretary of State with a power to make regulations.

The Government entirely appreciate that the governance protections in Clause 20 are incredibly important to the Church of England and all other religious denominations. They will provide reassurance to local authority-maintained schools with a religious character that their religious character, which is maintained and developed through their governance arrangements, will continue to be protected once they become academies.

To explain why the current wording in Clause 20 is appropriate, it is useful to compare the clause with Clause 19, as there are some differences. Clause 19 relates to a very specific point regarding members and directors in certain academy trusts. The exact provision that is to be set out in the regulations is stated in the clause. It is therefore appropriate for this clause to provide that the Secretary of State must make these regulations.

In contrast, the regulation-making power in Clause 20 is much wider and the extent to which it is used will be finalised only after consultation. Clause 20 applies to all academy trusts which contain academies with a religious character. It also covers a much wider range of governance matters than the specific point in Clause 19. For example, regulations made under Clause 20 may include who can be appointed into different governance roles and the connection they must have to the relevant religious body. It may also include alterations to the articles of association, the composition of committees and the delegation of responsibilities.

Clause 20 needs to be a power for the Secretary of State to make regulations as the exact scope and content of the regulations will be informed by future consultation. However, to be clear, the Government do not intend to avoid making regulations under Clause 20. Instead, I assure the right reverend Prelate of our absolute commitment that, after consultation, the Government will make regulations under Clause 20 which apply to all academy trusts with an academy school of any religious character.

The regulations made under Clauses 19 and 20 will make clear the circumstances in which certain governance arrangements must be in place. For example, this could be when a trust must ensure that the majority of directors are appointed by the relevant religious body. However, this does not mean that similar arrangements cannot be used in other circumstances. For example, an academy trust in which fewer than half the academies are former voluntary aided Church of England schools can still adopt articles of association in which the majority of directors are appointed by the relevant religious body.

In addition, as stated in the clause, the Secretary of State will consult before the regulations are first made. This consultation will include appropriate stakeholders, including religious bodies. The right reverend Prelate can be reassured that this means we will continue to work constructively with dioceses and other religious bodies to agree the most appropriate governance arrangements for academy trusts comprising different types of academies with a religious character.

I hope this has provided some confidence to the right reverend Prelate that, after appropriate consultation, regulations under Clause 20 will be made. I hope he is therefore able to withdraw the amendment on behalf of his noble friend.

[The Lord Bishop of Chichester]

I beg leave to withdraw the amendment.

--- Later in debate ---

[Baroness Wilcox of Newport (Lab)]

I am grateful to the noble Lord, Lord Shipley, for asking those questions about the good things that we are doing in Wales, and to the noble Baroness, Lady Meacher, for raising them initially. RE becomes RVE in Wales this September—religion, values and ethics. There is a great deal to learn from what the devolved nations are doing.

The place of religion and belief in the education system is incredibly complex—the debate this evening has demonstrated that—coming from a time when our society was much less diverse and much more religious than it is now. The amendments are targeted at ensuring that children of no faith do not miss out if they opt out of collective worship. They should not have to sit at the back of the classroom while everyone else is in assembly; they need a meaningful alternative provided for them during this time. These are admirable aims, to ensure that cultural education is balanced and non-exclusionary; in a modern and increasingly secular society, where children are exposed to all kinds of things, particularly in the online sphere, it should be a right that we promote. We should provide an excellent opportunity to discuss a variety of topics and issues. It is important to break down stigmas, and non-religious children in faith schools should not be made to feel left out if they opt out. The Government should think carefully about how to encourage this here. The amendments and the work in Wales are a way forward to do this.

[Baroness Penn (Con)]

My Lords, I thank all noble Lords for this thoughtful debate, as we reach the end of our second day in Committee. The noble Baroness, Lady Meacher, rolls her eyes at me. She may have anticipated that, while I shall not quibble with the wording of her amendments, I shall disappoint her in my response. I also wanted to tell the noble Lord, Lord Knight, that he is making me increasingly jealous of the time that he spends on the Orkney Islands, and the celebrations and reflections that he gets to do there.

I turn first to Amendment 53, in the names of the noble Baroness, Lady Meacher and Lady Whitaker. The Government view collective worship as central to life in a school with a religious character. The right to withdrawal from collective worship is also important, as it provides choice for families as to whether or not their children participate. The amendment seeks, where children are withdrawn from collective worship, to provide an alternative assembly aimed at furthering the spiritual, moral, social and cultural—SMSC for short—education of pupils in schools with a religious character. The Government do not believe that the amendment is necessary, as all state-funded schools are already required to ensure the SMSC development of their pupils. Collective worship is one way to promote SMSC education, but there are areas of the curriculum in which schools can meet this requirement, such as religious education, history and citizenship.

On Amendment 54, when children are admitted to a school with a religious designation, their parents are aware of this and expect it to be part of the school’s ethos and culture. The Government support the right of such schools to provide religious education that aligns with their religious character. We therefore believe that there is no need for the amendment. I am unaware of significant demand from parents who withdraw their children from religious education to have this replaced by education representative of a wider range of religious and non-religious beliefs. There are many examples of academies with a religious designation taking care to ensure that their provision, to some degree, reflects a diversity of religions. We also expect schools to promote fundamental British values, which includes encouraging mutual respect and tolerance of those with different faiths and beliefs, including non-religious beliefs. While acknowledging that the intention of this amendment is to widen choice in the teaching of RE, we believe that it is unnecessary because RE will likely already include the concept of non-religious world views.

Amendment 56 relates to academy schools without a religious character. Again, the Government believe this amendment is unnecessary because RE may already include the concepts of religious and non-religious belief. On religious belief, academies without a religious designation must already teach RE, reflecting the fact that the religious traditions in Great Britain are, in the main, Christian, and must take account of the teachings of the other principal religions in Great Britain. On nonreligious belief, this can be covered within RE. There is no obligation for schools to give equal time to the teaching of each religion or the teaching of nonreligious worldviews.

The noble Lord, Lord Shipley, asked me two specific questions. On the point about not giving equal time to nonreligious worldviews, we are talking about the same judgment, but I shall write to him on the specific point, and on the point relating to Wales—although, if I understood him, it might rather reflect the devolved nature of education in Wales rather than a different legal approach. I shall reflect on Hansard and make sure I write.

On Amendment 57, collective worship is important in encouraging pupils to reflect on the concept of belief and its role in the traditions and values of this country. The right of withdrawal from collective worship provides families who do not want their children to participate to withdraw from it in whole or in part. As I have set out, there are already plentiful opportunities for schools to further children’s spiritual, moral, social and cultural education regardless of religion or belief. This includes holding nonreligious assemblies, so the Government do not believe that this amendment is necessary.

Amendment 58 would repeal specific sections from the Schools Standards and Framework Act 1998. This would have the effect of removing statutory freedoms and protections regarding the recruitment, promotion and remuneration of teachers by reference to their religious practice, belief or knowledge at academies with a religious character. The Government support the freedoms and protections associated with academies with a religious character, including their freedoms to continue to appoint, promote and remunerate their teachers and deal with their employment with reference to the relevant religion or religious denomination. The Government do not intend to change this position for any school with a religious character, including academies. We continue to provide equivalent protections for academies to those available to maintained schools.

As I say, I thought this was an interesting and reflective debate, but I am afraid that the Government do not agree with the amendments tabled by noble Lords. I hope the noble Baroness, Lady Meacher, will withdraw her amendment.

[Baroness Meacher (CB)]

I thank noble Lords who have spoken in support of these amendments and I thank the Minister for her response, although it seemed to me that the departmental response, if I can call it that, did not deal with the inconsistencies and inadequacies in the law, and so on. Never mind, we can come back to that.

I will just say that “Better the devil you know” is fine if you are a Christian, but it is not what the majority of people or the majority of children in this country would want, because the devil they know is something other than Christian worship. It seems to me that the noble Baroness, Lady Fox, agreed with Amendment 57, even though she bent over backwards to say she did not, because of course we are all very happy with religious education and information; what we are talking about here is worship.

Anyway, with those few provisos, I am very grateful to everybody who is here at this late hour, especially our two Ministers, who have been here for a very long time. With that, I beg leave to withdraw the amendment.