Education Bill

Baroness Walmsley Excerpts

Wednesday 26th October 2011 Lords Chamber

[Lord Avebury]

My Lords, somewhat incongruously, my proposed new clause, which follows the amendment moved by the noble Baroness, refers to the closure of schools, whereas her speech and the clause that she is addressing refer to the opening of new schools. The proposed new clause removes the presumption in the existing guidance on the closing of schools that there should be no reduction in the proportion of denominational places in the area when consideration is being given to a school closure.

The Department for Education says that the current guidance, which is not on its website because it reflects the current legal position, may not reflect current government policy because it is to be replaced shortly by revised interim guidance. But the department does not intend to revise the section of the present guidance which provides in paragraph 4.32 that:

“The Decision Maker should not normally approve the closure of a school with a religious character where the proposal would result in a reduction in the proportion of denominational places in the area”.

The department says in an e-mail about the guidance that there is no special protection for denominational provision in the guidance inasmuch as it,

“simply requires that due consideration should be made when deciding closure proposals for denominational provision”.

The e-mail continues:

“It does not say that no such school should close, especially if the faith body supports the proposals, and particularly if the school concerned is severely under-subscribed, standards have been consistently low, or where an amalgamation of existing provision is proposed”.

In other words, where normal conditions do not apply, the guidance allows the closure of a school with a religious character, a proposition with which we do not seek to argue. What we are talking about in this proposed new clause is the closure of a school where there are no exceptional conditions. The Department for Education goes on to say that,

“if you are preserving the balance of denominational provision, you are likewise preserving the percentage of non-denominational provision i.e. if you remove a non-denominational school from the system, there is also an option to remove denominational provision and vice-versa if adding provision, as otherwise the balance has increased in favour of denominational provision”.

What this appears to be saying, if I have deciphered it correctly—I must appeal to the Minister to confirm my interpretation—is that within a given area the guidance does not have the effect of monotonically increasing the proportion of religious places in the schools. The closure of a secular school by itself is permissible, but the closure of a religious school is allowed only under the specified unusual conditions.

Let us see how the guidance works out in a particular area, the Freshwater and Totland area of the Isle of Wight. The council decided to reduce the provision of primary school places in the area because the number of pupils in reception had fallen significantly below the available reception places in the area over a whole decade. The closure of one of the three schools in the area was the solution, and in the council’s discussion of which it was to be, the headline argument in the case of the two religious schools was the guidance already quoted. The council said in each case that the guidance was clear, as indeed it was in this case, that the decision-maker would not approve the closure of either the Catholic or the Church of England school because to do so would reduce the proportion of denominational places in the area. The fact that closing the only community school in a 12-mile radius in the west of the Isle of Wight meant that the proportion of non-denominational places in the area was reduced to zero was neither here nor there in terms of the guidance.

It must be acknowledged that in the absence of paragraph 4.32 already quoted there were other reasons why the non-religious school might have drawn the short straw in this area, but if the three schools had been equally popular and of equal standards that paragraph would have been instrumental in reaching the decision. It certainly amounts to special protection for schools with a religious character where there is a need to close one school out of several in an area, other things being equal. This amendment seeks to create a level playing field for all schools when closures are being considered.

[Baroness Walmsley]

My Lords, I have tabled Amendment 70C in this group, which would remove subsections (3) and (4) of new Section 6A as inserted by Schedule 11. Subsection (3) introduces a requirement for a local authority to seek the Secretary of State’s approval before proceeding with an alternative model of school to an academy. Subsection (4) allows the Secretary of State to terminate the process.

It is very important that we do not reduce the ability of local parents, education providers and councils to respond quickly and effectively to new demand, and that local choice and diversity of provision are maintained. We all know that there is likely to be a big increase in demand for primary schools over the next three to four years. That will create a sudden boom in demand for pupil places and it is very important that we do not cause any delay in allowing councils to provide those places. My noble friend Lady Ritchie mentioned this in Grand Committee and she has given me permission to mention her name today although she is not able to be in her place.

Councils’ primary concern when encouraging new provision in their areas should, of course, be the needs of parents. If local parents do not want new schools to be established as academies, councils should be able to retain the option to reflect parental demand without having to approach the Secretary of State for permission. My concern, and that of my noble friend Lady Ritchie, is that the requirement within this schedule risks the creation of a potentially burdensome process, which could restrict the ability of local communities to respond quickly to demand. I was very interested to receive a copy of a letter to the noble Baroness, Lady Massey, dated 20 October, in which the Minister points out:

“Schedule 11 removes this consent requirement from certain kinds of proposals. These comprise proposals for new primary schools where they are replacing infant and junior schools, proposals for new voluntary aided schools, proposals for new faith schools resulting from the reorganisation of faith provision in an area, and proposals for a new school resulting from a faith school changing or losing its religious character.”

At the bottom of page one, the Minister says:

“We are removing the requirement on the basis that it is additional and unnecessary bureaucracy.”

If it is an additional and unnecessary bureaucracy for those kinds of schools, why not for all?

[Baroness Massey of Darwen]

My Lords, I shall speak to Amendments 71, 72 and 73. First, I thank the Minister for his conscientious response to the last stage of this Bill. He has sent out a number of letters explaining the policy, which I found very useful. Indeed, the letter he sent to me referred to by the noble Baroness, Lady Walmsley, gave some reassurances on the amendments I am going to speak to.

My main concern is that some measures proposed by the Bill may further fragment education on the basis of religion or belief. I have serious concerns about how the Bill makes voluntary-aided faith schools the easiest type of school to set up. I am also concerned about voluntary-controlled schools converting to academies, then being able to choose to increase their religious discrimination in admissions.

Currently, when a proposer wishes, for whatever reason, to establish a new foundation, voluntary-controlled or aided, or foundation special school outside of a competition, they need the consent of the Secretary of State. Following consent, the local authority runs a consultation on the proposals. The Bill, if passed in its current form, will change this, as I understand it, so that consent from the Secretary of State would no longer be needed for voluntary-aided schools, but it would still be needed for foundation, voluntary-controlled and foundation special schools.

I see some problems here. Almost all voluntary-aided schools—99 per cent of them—are faith schools. Admissions are determined by the school, which can discriminate against all pupils on religious grounds. In voluntary-controlled schools, local authorities set admissions and only about a quarter of local authorities have chosen to allow some or all of their voluntary-controlled schools to discriminate religiously, either in whole or in part.

Mr Gove has made it clear that he wishes to make it easier to set up voluntary-aided schools, which can discriminate. Such a school can use a religious test in appointing, remunerating or promoting all teachers, and even some non-teaching staff. In voluntary-controlled and foundation schools, this is only one-fifth of the teachers. The religious organisation sets the religious education curriculum in accordance with the tenets of the faith of such a school. In voluntary-controlled and foundation schools, the locally agreed syllabus is usually taught, which is not confessional to a particular faith. The religious organisation appoints more than half the governors there. In voluntary-controlled and many foundation schools, it is a quarter. While I thank the Minister again for his letter, my concerns are still not diminished and I shall watch developments on this issue very carefully.

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[Baroness Morgan of Huyton]

My Lords, I declare an interest as the chair of Ofsted and in that context shall talk briefly about how Ofsted is addressing the concerns that have been raised about the proposals to reform school inspection arrangements for maintained schools and academies. In doing so, I shall reflect on the attitudes that we have to risk and the reassurance that inspection can offer.

I have been pleased, but obviously not surprised, by the interest in these proposals that noble Lords have taken and the import given to regular and robust inspections of schools. I understand the concerns that were raised in Committee and are still being raised, but I hope that I can put some of our work in context.

I recognise that the approach being proposed is not without risks, and it is important that we develop a mature, shared understanding through a dialogue with the public and the professions about the right frequency and intensity of inspection and regulation. We know that there is irritation about what is perceived to be too frequent inspection of high-performing institutions; we know on the other hand that parents would like schools to be inspected all the time, and we have to get that balance right.

After the detailed discussions that took place following Committee, I think that the proposed new inspection arrangements strike this balance by being more proportionate and focusing inspection on those who need it most. They would mean the end of routine inspection for schools that have been judged outstanding but more risk assessment of all outstanding schools and inspection for those where the greatest risks are identified. They would also allow more frequent inspection of schools judged satisfactory, focusing resources where they can contribute to real improvement.

It is important that we keep the risks associated with these proposals in context. Ofsted’s evidence shows that a large majority of outstanding schools has continued to be good or outstanding over time. In the last year that it routinely inspected schools, 2009-10, more than 90 per cent of outstanding schools were judged to be outstanding or good when re-inspected.

We have also found that our risk assessment proposals and processes are already working well and seem to be identifying those schools that are slipping back. In 2010-11, Ofsted visited only those outstanding primary and secondary schools that were identified through its current risk assessment procedures. This amounted to 72 inspections, around 2 per cent of all outstanding schools. In two-thirds of those the schools had declined, with 11 being found to be satisfactory and three inadequate, but the rest were good. As noble Lords have heard, Her Majesty’s Chief Inspector has agreed to adjust the risk assessment threshold so that in future at least 5 per cent of schools are indentified for inspection through the process. This will mean that about a quarter of outstanding schools will be inspected over the five-year period.

Risk assessments normally commence within three years of the previous inspection. When this was discussed in Committee, there was understandable concern that school performance can suddenly decline, particularly, as we know, when there is a change in leadership, but there are other factors, too.

Of course, any delay in identifying such schools where performance is slipping has a dramatic effect on its pupils. In response, we have agreed to bring forward the risk assessment of schools where there has been a change of head teacher before the three-year point has been reached. We have also agreed to trial a new approach where Her Majesty’s inspectors make direct contact with new head teachers as part of the risk assessment to explore the school’s performance at that stage and the head teacher’s plans for it. As noble Lords have heard already, Ofsted has also introduced a new feedback mechanism, Parent View, which will identify spikes that we would then further investigate. For example, if a sudden spike showed a decline in behaviour or if a concern about leadership was suddenly expressed by parents at that school, that would form part of the jigsaw that informs our risk assessment and our appropriate action.

I appreciate that concern has been expressed in this House about increased risks in relation to safeguarding should there be no routine inspection of schools. There can be no greater issue of concern both here and to parents, carers and schools than the safety of children. However, we should place this risk in context. Improvements in safeguarding in schools have been rapid and widespread in recent years, and nearly all schools now give an appropriately high priority to getting their safeguarding procedures right.

In her commentary on the findings set out in Ofsted’s 2009-10 annual report, the previous chief inspector wrote:

“Safeguarding … is an issue addressed not only with increasing sureness by those responsible for keeping children and learners safe, but one felt keenly by those most vulnerable to harm and neglect”.

Parents, carers and children can be reassured that almost all schools now take a careful and responsible approach to their safeguarding arrangements. In outstanding schools, Ofsted has generally found that good practice in safeguarding forms part of the fabric of the school, involving every member of the school community in some way, with a sharp eye on the needs of all pupils, especially the most vulnerable. Indeed, it is worth emphasising how rare it is for any school to be found inadequate solely on the basis of weaknesses in its safeguarding arrangements. In 2009-10, of over 6,000 schools inspected only 26 were judged to be inadequate for issues related solely to safeguarding.

We are not starting from a position of concern, but it is worth keeping in mind that inspection and the threat of it has played an important part in getting us to this position. Ofsted’s focus on safeguarding over the past few years has certainly helped to focus minds on the need to take all appropriate steps to guarantee and promote children's safety. That is why Her Majesty’s Chief Inspector has agreed to inspect a random sample of outstanding primary and secondary schools as part of a review to ensure that their safeguarding arrangements remain strong, and to share the good practice found by inspectors. Ofsted will use this to determine what further action may be necessary in future.

It should also be kept in mind that safeguarding information is shared with Ofsted by local authorities, whistleblowers in schools and parents where they have concerns. Ofsted will continue to take such information into account as part of its risk assessment procedures.

I know the level of seriousness with which this issue is viewed in the House and I want to be clear that there is no greater issue of concern to Ofsted. I believe that the procedures now outlined should give assurance on this issue to the House, but we will keep them under review. Regulators and inspectorates such as Ofsted are rightly expected to manage risk in a proportionate way. They are expected to protect the public, especially the most vulnerable, from risks that individuals cannot easily manage for themselves. We know that the public expect Ofsted to help protect them, their children and, importantly, other children from poor-quality education and care and from harm. However, it can do that effectively with the resources that it has available only if it is able to focus inspection on the right issues and on the schools most in need of improvement. That context is particularly important to this debate.

[Baroness Walmsley]

My Lords, I was delighted to hear what the noble Baroness, Lady Morgan, was saying about the importance of inspecting safeguarding. When he winds up, will my noble friend confirm what was put to me in a letter from the Secretary of State on 14 October? I raised the issue of safeguarding inspection, and he said that he was intending,

“to ask Ofsted to conduct a thematic review of safeguarding involving a sample of outstanding schools, and to use the outcome of this to inform any further decisions”.

I am sure that the noble Baroness, Lady Morgan, and her organisation will be happy to respond to that request from the Secretary of State.

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[The Lord Speaker (Baroness D'Souza)]

My Lords, I understand that there has been agreement that Amendment 76A shall be grouped with Amendments 77, 78 and 79.

[Baroness Walmsley]

My Lords, I have Amendment 77 in this group. Before speaking to it, perhaps I may say how right the noble Lord, Lord Northbourne, is to emphasise the importance of the concept of “school ready”, which was referred to a number of times by Graham Allen in his important report about early intervention. The noble Lord is also right to point out that some parents will take advantage for their children of the early years provision that the Government make available to them, but others will not. That is why it is very important that their stage of development is properly and professionally assessed as early as possible so that schools can help to bring them on if necessary.

My amendment is very simple. It merely adds the words “and well-being” in the Ofsted framework as laid down in Clause 40. I would prefer to see them in the Bill, but my right honourable friend Michael Gove has assured me, and assured other noble Lords in the letter to the noble Baroness, Lady Hughes, dated 14 October, that he expects Ofsted to inspect children's well-being and accepts the link between children’s well-being and their achievement in their school subjects and learning. He has also assured us that Ofsted will use its programme of subject and thematic surveys to look in detail at specific aspects of pupils’ personal development. That will certainly pick up issues where children’s well-being is not as it should be, perhaps where equalities issues are not as they should be because, of course, children cannot have well-being if they feel discriminated against. I have tabled my amendment in the hope that it will give the Minister the opportunity to confirm those things.

[Baroness Benjamin]

My Lords, I thank the Minister for the letter dated 14 October that he sent to the noble Baroness, Lady Hughes, in which he gave assurances that Ofsted’s inspections will consider how well schools provide the well-being of those to whom equalities issues apply and that equalities issues will underpin the whole approach to inspection and will include all protected groups under the Equality Act 2010. It is also good to learn that Ofsted will consider how well gaps are narrowing between the performance of different groups of pupils both in the school and nationally because, as we all know, the gap in social mobility is growing wider among certain groups. It is important that schools are judged on the quality of their teaching, which should cater for the range of needs to help all pupils to progress and to inspire them to have high aspirations in a fair and equal way and, as the Minister said in his letter, free from bullying and harassment because of their culture or background, from which so many children in our schools suffer. I am delighted that these issues are being addressed and that the well-being of all children is being taken into consideration.

How can we make sure that equality issues are delivered in schools day in, day out? What measures will be put in place if schools do not comply with these ideals? I ask these questions because just today I received an e-mail from a supply teacher with a complaint from children who feel that their equality issues have been violated in a school during a lesson. They have asked me for help and guidance, so I would like the Minister to help me with my guidance. I will be interested to hear his answer to this question.

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[Baroness Massey of Darwen]

My Lords, Amendment 80 refers again to inspections in schools. It follows seamlessly from the previous discussion. As a former teacher of foreign languages and English, I appreciate the remarks of the noble Lord, Lord Quirk, about linguistics. Of course, community cohesion and safeguarding appear in my amendment. It is focused on the well-being of children; that is surely something that every parent and grandparent wants for their own children, and I speak as both.

The advantage of inspections of any school practice, however frequent, is that they can do two things: they can report on good practice, which can be shared between schools, and they can address poor practice, including teaching weaknesses and the appropriateness of materials. I will come to this shortly.

Let me first summarise the amendment. It is about the chief inspector reporting on school policies on bullying and healthy eating; the delivery of citizenship education; delivery of personal, social and health education including sex and relationship education; and the child protection measures. This should take into account the age of development of pupils, and should involve parents, pupils and members of the wider community. The amendment follows debates that were held last week on exclusion and searching.

Many noble Lords were concerned about a positive ethos being fostered at school. They were concerned about an emphasis on enriching learning experiences in an atmosphere where children can flourish. I believe that schools can help teach children to be good learners, good friends, good parents, and good citizens, and I believe Ofsted could comment on this. I am aware of school inspection guidance. I am aware of self-evaluation schemes. I am aware that every school is not inspected every year, but having well-being included in the inspection guidance would signal that it is important.

As my noble friend Lady Morgan said earlier, the threat of inspection can improve things even if it is several years ahead. Inspections are now on websites so others can see what good examples there are. I talked to an inspector the other day who was full of praise for a school where there was volunteering with senior citizens, and older pupils were helping with sports clubs for younger children. All this was contributing to pupils’ sense of responsibility for others, improving their communication skills and well-being.

I am aware that well-being is a nebulous term, which is why I have tried to divide it into some of the areas that can be inspected. Ofsted is already charged with reporting on schools’ spiritual, moral, social and cultural development. There are many other areas that could be included as part of well-being. I could have included physical education, which encourages collaboration, sharing and team spirit, or music, where singing or playing together enhances harmony and understanding of how separate parts blend into a whole. I could have included literature which, whatever the age of the child, encourages exploration of morals, ethics and behaviour, as well as a love of language. All this is about well-being.

Well-being helps children to learn and improves the outcomes referred to by the noble Lord, Lord Northbourne. Children learn best when they feel secure and valued and have clear boundaries for behaviour. Schools are places where children can learn to respect themselves and others. UNICEF’s Rights Respecting Schools programme—and I declare an interest as a trustee of UNICEF—has been well evaluated and found to have a positive influence on behaviour and learning outcomes.

I turn briefly to the separate parts of the amendment. I know that the Government are very concerned about bullying. Schools should have a clear policy on this and should ensure that it is implemented. Bullying is a destructive act, for whatever reason—appearance, disability, ethnicity or whatever. It is destructive mainly for the bullied but also for the bully themselves.

On school meals, another policy area, we know about the rising tide of obesity. Schools can help by providing and encouraging healthy, nutritious food. I ask the Minister if the National Healthy School Standard will be preserved.

Let me now touch on citizenship as a part of well-being. Children from a very early age can learn about how democracy works. It is partly about how pupils behave in a classroom. Do they listen to each other? Do they help each other and share? Such skills can be learnt and practised at school. Many schools have elected school councils that comment on discipline and school policies. I have seen them working very well in primary schools.

Personal, social and health education—PSHE—is important. It is sometimes called life skills. Parents of pupils want young people to learn about relationships and about health and keeping safe. This should be appropriate to age and stage of development. PSHE will include topics such as diet, smoking, drugs, exercise and saying no to unwanted pressure from adults or other children. It will include teaching resistance to internet dangers, such as pornography or illegal sales. The Government’s concern about sexual consent is an element of this for older pupils.

I met an Ofsted inspector recently who said that PSHE was not taught as a separate lesson anywhere in the curriculum. It was covered across the curriculum and in pastoral care, in assemblies, visits to the school and out-of-school activities. The school ethos was one of respect and co-operation, led by a senior staff group. The staff were aware of the importance of PSHE and a senior teacher co-ordinated it. The inspector said that it was brilliant.

I am aware that there has been a campaign to discredit myself and the noble Baroness, Lady Walmsley, which has made dangerous assumptions about our intentions. I have a letter here from the Christian Institute, circulated to many noble Lords, which states:

“At Report stage there will be votes on amendments to require schools to teach sex education”.

This is untrue. A further letter states:

“Amendment 80 would ratchet up the pressure on schools to teach children about matters which they are simply too young to deal with”.

Again, that is untrue. As I said earlier, a duty of inspection is to ensure that teaching and materials are suitable for the age and stage of the child. My amendment protects children.

I am aware also that some colleagues will have been the subject of a public letter-writing campaign fuelled by the letter that I have just quoted. One lady wrote to someone saying:

“An Education Bill is being forced through Parliament which would result in compulsory sex education for school children from the age of five years”.

Where is this Bill that is being forced through Parliament? Where is the intention? My amendment is about well-being and protecting children. The public have been fed dangerously misleading information, which implies criticism of myself and, to some degree, the noble Baroness, Lady Walmsley. We were not informed that such information was to be sent and it is only by the kindness and concern of other Members of this House that we have sight of it. Incidents such as this letter-writing campaign happen when misinformation is unleashed, and people make what they will of it. It is particularly worrying when a charity is involved.

Never in the time that it has been my honour to serve in your Lordships' House have I known such a sinister and vicious campaign, which has sought to misinform others. Noble Lords will receive hundreds, maybe thousands of letters, taking up their time and energy, and I find this most regrettable. I also deeply regret the fact that it is ironic that the noble Baroness, Lady Walmsley, and myself have been two of the people in this House most concerned for the welfare of children. My own work has included child internet safety and child trafficking. The noble Baroness, Lady Walmsley, has been consistently involved in work on the rights of the child. I am deeply shocked and offended by this attack on my and the noble Baroness’s integrity, and I am very saddened that a colleague on the Benches opposite has also been involved in circulating misinformation to other colleagues. A letter from her states:

“Amendment 80 … would be to encourage the use of the kind of primary school sex education materials which have caused such concern”.

This is simply not true. This amendment safeguards children.

I briefly move to child protection, which includes safeguarding. This concerns us all. We have had horrendous examples of children falling through all the nets that can protect them. Problems can sometimes be picked up in school, whether it is physical or other forms of abuse. But there must be mechanisms in place so that a child in difficulty can be spotted and referred for help. Children can be taught how to protect themselves; they also have a right to protection.

The whole school community—here we have community cohesion again—of parents, school governors, agencies in the community, voluntary sector organisations, welfare agencies and outreach work such as sport or volunteering groups all contribute to well-being. Children can be encouraged to get involved in activities outside school, such as clubs and award schemes. Some sports clubs are actually linked to schools. This also is well-being.

Inspection reports can highlight how well-being is encouraged in schools. Such reports can be shared and others can learn of good practice, and they can pick up shortcomings, as I have said. Well-being is a vital aspect of what goes on in homes, schools and communities, and we know it when we see it. Children are entitled to school policies, to education and protection, which enhance and safeguard their well-being. I beg to move.

[Baroness Walmsley]

I am grateful to the noble Baroness, Lady Gould of Potternewton, and the noble Lord, Lord Layard, for graciously allowing me to speak next, for obvious reasons. Before I get on to the substance of this amendment, I would like to say a few words about the events that have led up to our debate today. As the noble Baroness, Lady Massey, said, the Christian Institute recently sent out a letter in which it claimed that I would be laying an amendment to make PSHE compulsory. As your Lordships see from the Marshalled List, this is not true. It also claimed, in a subsequent letter, that my fictional amendment, and that of the noble Baroness, Lady Massey, which we are now debating, would force schools to teach five year-olds about sex. That is also not true. There have been wicked insinuations that we would want to do something that would harm children and their innocence. The noble Baroness and I have spent our whole parliamentary lives, much of what went before and a lot of what goes on outside, working to promote the well-being of children, and to suggest that we would harm them is outrageous and very un-Christian.