Education Bill
Baroness Walmsley Excerpts(13 years, 2 months ago)
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Baroness Walmsley
Baroness Walmsley
My Lords, this amendment seeks to ensure that if a school wishes to keep a child in detention after school, it must ensure that it has successfully contacted the child’s parent or carer. When we discussed this matter in Grand Committee, I asked that the school should get the agreement of the parent. I believed that I was offering a compromise when I moved towards simply asking that the school should inform the parent, but I understand that the Minister does not think so.
Clause 13 has the potential to put a child in danger and I hope that I will be given a strong reassurance by the Minister that this will not be so. While I trust the vast majority of teachers, surely the Minister must accept that it takes a while for a young teacher to develop the sort of good judgment and common sense that we believe would prevent them from putting a child in danger on the way home. That is why we need to make it abundantly clear in guidance that no teacher may detain a child after school without informing the parent if it in any way compromises the safety of the child.
My noble friend the Minister made the point in Grand Committee that schools already have a duty of care to their pupils under other legislation. That may well be so, but noble Lords know the difficulty of cross-referencing other Acts when we are considering a current Bill that makes changes to earlier legislation. That is why I am asking the Minister to ensure that in the guidance that accompanies this new power, the school is made aware, on the same page, that it must not use this power if it in any way puts the child in danger. In order to check on this, the school will have to find out what the child’s transport arrangements are and ensure that either the detention is so short that it avoids the child missing a bus or that other safe travel arrangements have been made. The school may also need to check on whether the child is a carer, where detaining that child after school may cause another vulnerable person in distress. Schools should already know which children are carers, but they need to be sure in this case. I also think the guidance should make it clear that it is good practice to inform the parents anyway by phone. I can envisage the distress of a parent, waiting at home for a child to step off the school bus, only to find that he does not. The parent will worry herself sick; I know I would have done.
I think that this provision is entirely contrary to the respect with which this Government treat parents otherwise. Only this week, we have received a letter about changes to the way complaints about school admissions arrangements are handled, which said:
“We believe that parents should be given the opportunity to be part of the system that holds schools to account, properly supported and championed by the local authority, the Secretary of State and independent adjudicators”.
At the same time, the Government seek to write parents out of their discipline arrangements by letting schools avoid telling them that their child is in detention. As I understand it, this idea has come from one of the head teachers’ unions, but not the other one. I can tell the Minister what parents want: they do not want this. They want to be respected and informed.
Points were strongly made in Committee that rural schools, if they adhere to their safeguarding duty, will not be able to use this sanction at all. Yet I can reassure my noble friend that children in rural schools will not run amok because of it. There are many sanctions already in the armoury to ensure good behaviour and most schools use them effectively. Most have maintained good discipline to date without this power. I question the competence of any school that feels it needs this power to maintain good order and discipline. Yet, in order to give them this power, the Government may risk the safety of children unless the guidance is clear, unequivocal and powerful. We want only one more case like that of poor Milly Dowler and the Government’s good judgment will be called into question, rightly or wrongly.
This is entirely unnecessary if the Government get the guidance right. Will the Minister assure me that our comments about the guidance, and the strength and clarity that it needs, are taken on board by Ministers and officials? Without that assurance, we will remain with the concerns that I have expressed. I beg to move.
Baroness Jones of Whitchurch
My Lords, our Amendment 34 is similar to the one so ably outlined by the noble Baroness. It is a requirement that schools should always give reasonable notice to parents or carers of any detentions and that before going ahead with a detention, they have received from the parent or carer confirmation that they are aware of the detention. Rather like the noble Baroness, Lady Walmsley, has described, we thought that we were eminently conciliatory in our amendment, that it was common sense and would be warmly welcomed by the Minister. Perhaps it still will be.
We return to this issue after a detailed debate in Grand Committee in which we felt there was consensus that this was a common sense position between, on the one hand, an instant response to bad behaviour, while on the other, ensuring that pupil safety is protected. As it stands, the Bill removes a requirement to give 24 hours notice of detention and as a result schools would not be required to give parents or carers any notice at all. We have had a letter from the Minister today setting out new proposals, but those ask teachers only to judge,
“whether it is appropriate to give notice to parents”.
Frankly, we do not think that that is good enough. We recognise that it is usually the case that the nearer the punishment is to the original incident, the more effective it is. However, as a number of noble Lords in Grand Committee recognised, this would potentially create a number of safeguarding issues, which the Minister’s letter attempted to address. It would also potentially damage the relationship between parents and schools and could have a knock-on effect on the success of the school’s broader behavioural policy.
A number of objections remain to no-notice detentions, specifically because of the damage to the school’s relationship with parents. The noble Baroness, Lady Walmsley, has outlined some of those, such as it being impracticable for parents to rearrange children’s transport at short notice when they might have other commitments —other childcare commitments, and so on. There could be unnecessary worry for parents in rural areas especially on dark evenings, when they are anxious about their child’s travel home. There could also be concern if parents think their child is travelling home alone, separately, because they are travelling later, rather than earlier with a group, when they are all leaving school together. There is also the issue that the noble Baroness, Lady Walmsley, raised about caring responsibilities, of which children might not always have made the school aware. Finally, and perhaps most importantly in this catalogue, there is the basic discourtesy to parents which this Bill would represent and which would do little to help schools forge strong partnerships with parents.
When we discussed this in Committee, the Minister expressed some sympathy with the arguments we had put forward, but went on to argue that head teachers already had to produce behaviour policies which were publicised to parents. She also argued that there were existing legal safeguards that protect children's welfare if they are given detention. However, we do not feel that these points adequately address our concerns and they put the onus on parents to object to the school’s actions after the event through the complaints procedure or through legal action. Surely this is making heavy weather over what should be a common-sense policy. To be frank, we have not yet heard any valid arguments against what we are proposing.
The simplest way through is to support our amendment —or, indeed, the amendment of the noble Baroness, Lady Walmsley—which make it clear that schools can organise no-notice detention provided the parent has confirmed that they aware that it is happening. This will provide adequate safeguards for children and ensure that parents are kept in the loop and treated with respect. I hope noble Lords and the Minister will feel able to support this amendment.
Baroness Garden of Frognal
These are draft guidance documents at the moment. We hear the strength of feeling that has been expressed around the House and would certainly welcome consultation to see if we can find a form of words that reassures noble Lords. We feel that all the measures are in place, but obviously some noble Lords feel that they are not strong enough, so we will be looking at the draft guidance to make quite sure the wording is appropriate.
Baroness Walmsley
My Lords, I am most grateful to the Minister for her reply. We would all agree with some of her opening remarks that there is strong public support for good behaviour in schools. We all know that that helps children to learn. However, I do not accept there is strong public support for this particular measure and like the noble Baroness, Lady Howarth, I, too, did some research over the summer with some ordinary parents and I had exactly the same responses as the noble Baroness.
The Minister said that schools must do this in a way which is most appropriate for the pupils with whom they are dealing. Where does it say that? It certainly does not say it in the legislation. It must say it, or something like it, in the guidance. My noble friend carefully went through the other duties that schools have to safeguard children, which have been laid into other statutes. I accept all that. Punishments have to be proportionate and reasonable and travel arrangements have to be considered. They are already there, but the question for a teacher looking at the guidance is: where are they? The guidance needs to have these duties clearly spelt out on the same page where a teacher is being told what they can do under this new law. It needs to be very clear.
I often wonder where this idea came from. My noble friend the Minister has told us that it came from the ASCL. Why does the ASCL have such influence over this Government? The other head teachers’ union does not have the same influence and other ordinary teachers’ unions do not. I am afraid I have a nasty suspicion that this bit of the Bill seeks to enable legislation to catch up with practice, and that some schools are following this practice without giving 24 hours’ notice. I accept that notes in satchels do not always get to parents and that the current requirement for 24 hours’ written notice often does not reach the parent and the parent is not notified. We are asking for something better than that. We are suggesting a way of ensuring that the parent is informed to enable them to make other arrangements for the child to get home safely, if possible. If they are not able to do so, as the noble Baroness, Lady Howarth, said, because they do not have a car and an alternative bus is not available, they can make the school aware that there could be a safeguarding problem if the child is kept in. It is then up to the school under the other duties that my noble friend has outlined to punish the child at a different time.
My noble friend suggested that some unco-operative parents may fail to answer the phone and let the message be recorded on the answerphone. I do not think that these parents have a crystal ball. When the phone rings, they cannot possibly know that it is the school ringing up to say that little Johnny will be kept in after school that day. That is stretching things beyond reality.
I am delighted that my noble friend has accepted that there is scope for strengthening the guidance. I was very pleased to hear that. She made it very clear on the record from the Dispatch Box that teachers should not do anything that compromises the safeguarding of the child. That gives me comfort. If we can work together to ensure that that is made crystal clear in the guidance, I will not feel that I need to return to this at a later stage. Can my noble friend nod and affirm that we can do that work and get the guidance to say something of that nature? It is vital that we help teachers to make good decisions about when to use this weapon in their armoury.
Baroness Morris of Yardley
Before the noble Baroness concludes, will she also reflect that essentially what we are setting in place is a two-tier style of punishment? If you think of it from the teacher’s point of view, what is underpinning this is that a detention on the same day as the crime that has been committed is more effective because it is closer in time to that crime. We will now have schools with two groups of pupils—those pupils who are eligible to receive that punishment and those who are not.
Baroness Garden of Frognal
I apologise to the noble Baroness but I am double tasking as a government spokesman and a Whip today. The rules at Report state that a noble Lord may not come back after the Minister has spoken.
Baroness Walmsley
Perhaps I may complete my remarks. I absolutely agree with the noble Baroness, Lady Morris of Yardley. As I have said, rural schools will not be able to use this measure but some urban schools will. However, as my noble friend Lord Storey said, not all urban schools will be able to use it because there may well be safeguarding issues in urban schools as well. However, as I said, I am comforted by what my noble friend the Minister has said. I look forward to further discussions with officials on how we can produce guidance that really helps teachers to do what they need to do but at the same time not compromise the safeguarding of children. I beg leave to withdraw the amendment.
The Parliamentary Under-Secretary of State for Schools (Lord Hill of Oareford)
My Lords, as always, I listened to the arguments made by the noble Lord, Lord Puttnam, with a great deal of care. I thought that with his customary honesty he made the point clearly about some of the shortcomings of the GTC which are linked directly to the decision that the Government took to bring about its abolition. The point he raised powerfully about the disinclination of the profession to pay for its membership and the fact that it is largely taxpayer-funded is important and one on which we should all reflect. I would not disagree with a word that he or my noble friend Lady Sharp said about professionalism and the need to have a profession and raising the status, esteem and standing of teachers as professionals.
Earlier today, we spoke about the importance of trust. Before I talk about the specific amendments, where we disagree on the fundamental principle is on whether the GTC as constituted is an embodiment of professional status. We contend that it is not, although I agree with the noble Lord that it is perfectly possible, indeed likely, that in future years something will well up that captures and speaks for the professionalism that he advocates and that I know he feels strongly about, but it probably will not be the GTCE.
When we discussed this in Committee, I set out some of the things that the Government are trying to do to raise the status of the profession and the quality of entrants to it and to help existing teachers to develop and improve. As we discussed on the last group, one of the overall themes that we are trying to develop is to give teachers and head teachers greater responsibility for improving teacher quality. I think that is a very good symbol of greater professionalism. I am as keen as other noble Lords to support schools and head teachers to recruit high-quality teachers and to ensure that they are able to access the information that they need to do so. At present, the GTC has a register that contains detailed information from every teacher and employer in the country. This ranges from personal data and qualifications through to information on the types of posts held in previous employments. Schools and teachers are required to update this information at least three times a year. I am told that that costs around £500,000 a year, and that is before one counts the cost of the time spent on it in schools. I do not believe that maintaining that amount of information at a national level is desirable or necessary.
However, we have been persuaded by concerns raised in this House and elsewhere that there is a genuine need for the Government to help schools to know who has qualified teacher status and who has passed induction. The profession proposed an alternative to the GTCE register that I think achieves this objective, and the two leading head teacher unions wrote to the Secretary of State to express their strong belief in the need for an online database of all qualified teachers that is accessible by schools to replace the GTCE register.
We talked about this in Grand Committee but I can confirm that, having considered this, the Secretary of State has agreed that the teaching agency will establish and maintain a database that will record which teachers have attained qualified teacher status and which have passed their statutory induction period. That database will be available online to all employers from April 2012 and will be in addition to the prohibited list database, which will also be available to employers online. Together, the QTS database and the prohibited list will give employers an important resource in assessing qualifications as well as establishing who should not be employed as a teacher.
Baroness Walmsley
Perhaps I may ask my noble friend a question. Will these two databases be linked? I can imagine a head taking on a teacher might look at the original database to see if that person has been qualified and done the induction but they will not necessarily look at the other database to see if that person has been struck off since. Will there be a suggestion for somebody using the first database that they really ought to check the prohibited one as well?
Lord Hill of Oareford
That sounds a very sensible suggestion. I will need to check where we have got to on developing the two databases but that sounds eminently sensible because clearly one would want to make sure that there was read-across.
I hope in light of the reassurance about providing the information, which I accept there has been widespread agreement that we need, including from the party opposite, and about maintaining such a register, that the noble Baroness, Lady Jones of Whitchurch, may feel able to withdraw her amendment.
Lord Phillips of Sudbury
I apologise to the House for overrunning the conventional time. I suppose it is because I take such a profoundly serious view of these curtailments of free speech that I have overrun the 15 minutes. However, I will wrap up my remarks quickly. Not one of the statistics to which I referred relates to the subject matter of Clause 13, which is pre-charge publicity—not allegations but pre-charge publicity. As regards allegations, 28 per cent led to disciplinary proceedings, more than 50 per cent had some substance and 18 per cent involved suspensions.
I am grateful to my noble friend for the concessions he has made. He may have had to battle for some of the concessions that he has wrung out of his colleagues. However, he does not accept my Amendment 48, which deals with the raising of the cap on freedom of speech in the case of a teacher who resigns or is dismissed, or Amendment 51, which allows a parent whose child has come home complaining of an assault to at least e-mail the other parents in the class to ask them whether they have had any experience of Mr Jones doing what he ought not to do, or e-mailing the staff, for example. To prohibit that seems to me utterly wrong. I speak to these two amendments in that spirit.
Baroness Walmsley
My Lords, I have some amendments in this group. Like my noble friend Lord Phillips of Sudbury, I welcome the Government’s amendments. I congratulate my noble friend Lord Phillips on his success in persuading the Government to improve this clause as far as they have. However, I join him in urging the Minister to consider whether he could go a little further. There is devastating logic in what my noble friend says. I am also aware of cases where the abusing teacher has been asked to go away quietly so that no more will be said about the matter. Speaking of logic, I have two amendments in this group which seek to follow government policy and prevent an unintended consequence of this section of the Bill.
Noble Lords may remember that in Committee, speaking to Clause 42 stand part, my noble friend Lady Brinton said on behalf of both of us:
“I would also like to ensure that, where there has been abuse, the subsequent inspection overtly inspects what action has been taken, and openly reports whether the failures that allowed the abuse to occur have been put right. … Parents expect it, and children deserve it”.—[Official Report, 12/9/11; col. GC 117.]
I hope that the Minister will agree with that because it was the 22nd recommendation of the report of Sir Roger Singleton of June 2009, which was agreed to by the then DCSF under the previous Government. Significantly, the DfE under this Government also confirmed adherence to that positive response given in June 2009. Indeed, I know that our honourable friend Mr Tim Loughton has been considering how he can implement this and other recommendations of the Singleton report. There was some news of that only this morning.
Of course, I am aware that Clause 13 only prevents a publication identifying a teacher who is the subject of an allegation. However, the difficulty sometimes arises where writing anything at all about an event might lead to readers having a very good idea of who it might have been. For example, if something occurred on a field trip and there had only been one field trip that year, then it would be possible to identify the alleged perpetrator. So my amendments seek to ensure that we do not fetter the ability of a regulator or a responsible Ofsted inspector to do their jobs properly and to write in their reports about what happened and how the school has, or has not, put measures in place to prevent a repetition. This is what Sir Roger Singleton recommended should happen and that wish has since been endorsed by the previous Government and the current one.
So I hope that the Minister will now see that, in tabling Amendments 50A and 50B, I am trying to avoid that unintended consequence. I believe that Clause 13 as currently written could prevent a regulator or inspector from producing an adequate school inspection report following a case of abuse; a report which stated what action the school has taken. Has my noble friend had time to consider these small, but, I hope, helpful amendments, since they seek to implement what I believe to be the intentions of the Government as well as of the previous Government; intentions which were so well set out by Sir Roger Singleton’s recommendations?
I support what my noble friend and the noble Baroness, Lady Hughes, have said about the research that has been circulated to us from York Consulting. I looked at that myself, quite independently of my noble friend and the noble Baroness, and it occurred to me too that there was not a single fact in there that supports the need for this legislation; not one fact that talked about hyped-up, unwarranted publication of the name of a teacher prior to charge. There were lots of statistics about the increase in the number of allegations, lots of statistics about how many of those were eventually found to be unwarranted, but not a thing about publicity. So I still have great reservations about this legislation, despite the fact that in Amendments 50A and 50B I am trying to improve it, because I just do not feel that the Government have yet disclosed to us the pressing need for it, despite what the teaching unions would perhaps like to see. I really would say to the teaching unions—and I have said to the teaching unions—give me the evidence. Where is the evidence about these large amounts of terrible publicity that have brought the Government to decide that they need this legislation? I simply have not seen it yet.
Baroness Howarth of Breckland
My Lords, despite the late hour I think that this debate should not be curtailed, because it is so important. I have to express my great disappointment in the Government for not listening to the arguments that were made so cogently in Committee and again by the noble Lord, Lord Phillips. I want to ask the Minister whether some of my experiences would not now be possible. For 13 years I was chief executive of Childline, the helpline for children in trouble and in danger, and this month that helpline is 25 years old. During the time it has been operating, it has cracked a large number of rings and groups and situations where teachers have been abusing children. Children have been able to telephone the helpline and describe what has been happening to them.
Let me tell your Lordships about two cases because they are crucial. We had a series of boys ringing independently from a particular school, all telling us about the same teacher and similar abuse. We were able to get those boys to talk to their parents, to get the parents to come together, and together to take that issue forward, which ended up in a very serious prosecution of that teacher who went to prison. The other situation was that of Crookham Court, a very famous case, where a group of teachers were preying, just as the noble Lord, Lord Phillips, described, on a group of children. We intervened in that situation by getting the proprietor out of the school and getting my chair, who happened to be Esther Rantzen, into the school to bring the whole situation into the open. That was again a very famous case when a series of people went to prison for a long time for serial abuse of children in a school.
I believe that those two cases could not happen under these arrangements. We would be prevented from encouraging people to share information that brings serial abusers to court. I do not think that the Government intend that to happen. I do not wish to believe that the Minister and his colleagues would wish that to happen. I do not like speaking at length as it is late and I, too, would like to go home, but the only other point I want to make is that if the Minister had worked for years, as I have, with young people who have to come to court and describe their abuse—the noble Lord, Lord Phillips, made this point—he would know that it is extraordinarily difficult for children and young people to make allegations because they know they have to say it again. Would noble Lords like to have to stand up and tell me about their recent sexual experience? We ask children to talk about extraordinarily painful sexual abuse in court, which they find extremely difficult. That is why I spent nine years of my life working towards children, as witnesses, not having to face the court but being able to give their evidence behind a screen. I am proud of that achievement.
If the Government take it through, we will condemn a large number of children and their parents to terrific pain. I ask the Minister to take it back to his masters and convey the message in the strongest possible terms, otherwise I predict there will be cause to rue the day.
Lord Hill of Oareford
My Lords, I will look at the figures again in the light of what my noble friend said. I would not want to go down a fallacious track. I recognise the difficulties that the issue poses. I know how strongly my noble friend feels about it. I have been able to discuss it with him on a number of occasions in recent months. He made a very powerful speech tonight and I know that underlying all of this is his passionate commitment to the principle of freedom of expression. I know that that drives him and that it is an important principle.
I know as well that his amendments are designed to improve a clause that he and my noble friend Lord Black of Brentwood would rather see removed altogether from the Bill. I thank him for his approach in trying to come up with ways of improving what clearly he thinks is a deficient measure. Two government amendments in this group are improvements that he has prompted to the clause. I am grateful to him for that and for the remarks that my noble friend Lord Black made about those improvements and the reassurance that they provided for him.
The fundamental concern of my noble friend Lord Phillips is that the clause interferes with the principle of freedom of expression. I understand that. That is part of the reason that the Government have sought to draw the clause in a narrow way, limiting it to pre-charge reporting of allegations against teachers by current pupils, despite calls that we faced at the beginning of proceedings on the Bill from various quarters—including a number from this House—for us to go much further in extending these measures. We resisted that pressure and I think that the feeling of the House at this point is that it was right to do that. I understand the principle of which my noble friend is a passionate champion, but I contend that it needs to be balanced with the need to protect teachers against the damage that can be done by false allegations and by press reporting of them. We seek to strike a balance and this debate is about whether we have got it right.
Baroness Walmsley
Perhaps I may ask my noble friend a question. I apologise and will make it very quick. Can he tell us how many allegations where the teacher has been identified have been reported prior to charge in the past two or three years? My noble friend suggests that there have been six. Another noble Lord said five. Do the Government think that the correct number is a multiple of that? We simply have not been told.
Lord Hill of Oareford
My Lords, getting an accurate picture of the extent of the problem is difficult. I accept the point made by my noble friend Lord Phillips that, through the research that the department has carried out by going online and looking at local press reporting as best it can, so far the number of cases that it has come up with is a multiple of five, but not many multiples of five. I think that the number circulated after the recent survey carried out for the department was 15. I accept that that is not a large number. However, the principle and the concern that underlie it are what we seek to address.
I will now address the amendments that my noble friend tabled rather than the general principle. The first area where he thinks that the clause gets the balance wrong is in relation to communication within the school community. His Amendment 51 seeks to ensure that pupils or parents will not breach reporting restrictions by communicating with other parents and other members of school staff. An example of where this might happen is if the parent wishes to communicate with other parents about an allegation that their child has made against a teacher. I should clarify that parents would not breach reporting restrictions by holding private conversations whether in person or online. The reporting restrictions would apply only to communication to the public at large or any section of the public.
My noble friend argued that a parent might wish to communicate with a section of the public in this way in order to seek corroboration of an allegation against a teacher before raising it with the school. We think that the effect of his amendment would be wider than that and would exempt from reporting restrictions communications by any pupil or any person acting on behalf of the pupil to any section of the school community and so reduce the protection the clause gives teachers against malicious or unfounded gossip. For example, it would allow pupils or parents to use a forum on the school network to publish an allegation against a teacher widely within the school community. I agree with my noble friend that parents should be free to follow up allegations made by their children, but I do think—I know he was dismissive of this point—that they should do that through appropriate channels by raising the issue with the school or the relevant authorities rather than by launching their own inquiries or campaigns. He knows, because I have discussed it with him before, that I am aware of a number of cases where e-mail campaigns against teachers are led by parents to whip up a campaign against them. We would not want that to be allowed to happen.
Sure Start
Baroness Walmsley Excerpts(13 years, 2 months ago)
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Baroness Walmsley
My Lords, is my noble friend the Minister aware that last week, the All-Party Parliamentary Group on Sure Start had a seminar on Sure Start at which we heard from four different local authorities? We found that Haringey made very severe cuts and closures, whereas Cambridgeshire, Nottinghamshire and Manchester did not make any. Why does he think different local authorities are taking such different approaches, when they are all affected by the same economic constraints?
Lord Hill of Oareford
My noble friend makes an extremely good point. Local authorities are taking different priorities in different parts of the country, and that reflects, in some local authority areas of the sort to which I know my noble friend refers, the weight and significance that they put on the provision of Sure Start children’s centres. All local authorities—and I accept that this applies to everyone—are having to face difficult financial decisions caused by the need for the Government to make savings, caused by the financial situation that we inherited.
Education Bill
Baroness Walmsley Excerpts(13 years, 3 months ago)
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Baroness Brinton
I will speak to Amendments 126ZB and 126ZC. Before I do, I will say that I support the comments about consultation made by the noble Baroness, Lady Hughes. Post-event consultation is not consultation. In my experience, and I am sure in that of many noble Lords present, it is infuriating to communities when that happens, because they realise that they are being given information rather than a chance to influence what is happening.
The intention of the two amendments that I am speaking to is simple and sits at the heart of the coalition agreement's stated desire to affirm and support localism. I turn first to Amendment 126ZB. The current consultation on intervention for conversion to an academy is the opposite of true localism. As expressed in Clause 55(3), the consultation is done either by the proposed academy—and we know from experience that many academies do not want to consult widely—or by the Secretary of State. How on earth the Secretary of State or his hard-pressed civil servants can seriously manage such consultations, I do not know. Even more worrying is the fact that this is exactly the role that should be given to the independent but local elected authority, which has the strategic responsibility for economic and social well-being in its area and must ensure the appropriate provision for schools and the learning of education and skills.
Amendment 126ZC follows logically when a new school is being considered for academy status. At present, the Bill leaves everything to the Secretary of State, who will have to consult locally in order to take a view on what is needed. Therefore, it seems sensible that,
“the local authority must confirm whether the school is required”,
taking account of other school provision in the area. We should see new schools only in areas where there is a need. In these straitened times, setting up new schools where there is a surplus of school places is not the most sensible thing to do. Finally, I will just say that we are concerned that this undoes some very sensible work done with the Academies Act before Christmas, and we hope that the Minister will reconsider the Government’s position.
Baroness Walmsley
My Lords, I support what my noble friend said. Clause 55(3)(b) states that one of the people who is allowed to carry out the consultation, apart from a school's governing body referred to in Clause 55(3)(a), is the person with whom the Secretary of State proposes to enter into academy arrangements. That does not seem terrible neutral to me. Guess what the result will be. To the question, “Do we want a new academy?”, I think the answer will be, “Yes, we do”. It seems inconceivable that any consultation carried out by the body that is straining at the leash to open this academy is going to come up with the answer, “No, we don’t want it”. So it is not very neutral.
The Lord Bishop of Hereford
My Lords, I think that we would all welcome and encourage wide consultation. How helpful is it to be overprescriptive about exactly who is in the list and who is not, or indeed about timing? Once again, within our church schools, we always encourage consultation at the earliest possible opportunity.
Because these amendments refer also to Clause 58, I would be grateful if I might ask another question. Will the Minister say something more about changing the age range within academies, as provided in Clause 58? Changing the age range would help in some situations and examples. For example, if a primary school has a nursery school attached, it would not be possible to include the nursery school, because that would be a change of age range, whereas in reality, if such a decision is to be made, at least having the option would be hugely helpful. I may have misunderstood, judging from the looks coming from the Minister. I am simply making the point that it would be hugely helpful. If groups have been working closely together, allowing them and giving them a mechanism to work to become united would save huge amounts of bureaucracy and red tape. I understand that there might be pressures the other way to keep them separate, because that would make it easier either for Government or local authorities, but it would certainly not make it easier for the schools or the academies themselves. I would be grateful if the Minister would say something about that, because I do not think that it is addressed elsewhere in the amendments.
Lord Elton
I warmly endorse my noble friend’s idea. The measure could be extremely fruitful, particularly given the circumstances of Travellers, to whom reference has already been made, but for many others as well. However, it is likely to miss the trend of this Bill, unfortunately, as it is not sufficiently involved. Therefore, I hope that he will take the opportunity between now and Report to provide an order-making power for the provisions that may need to be made; for instance, for examinations, which students cannot undertake at a distance unless they are supervised at some central point, in a way that, for instance, the City & Guilds is accustomed to organising. I hope that the Minister will have an open mind on this and that the amendment that eventually emerges will facilitate the development of this measure before we reach Third Reading.
Baroness Walmsley
My Lords, during the Recess I read a book about the lives of crofters in the Western Isles of Scotland during the 1940s, 1950s and 1960s. Children had to leave the parental home in order to go to school with the result that families were broken up and teenagers were not supervised by their parents and received much less adequate care and supervision. For children in those situations this idea could have considerable value. I agree with the noble Baroness, Lady Morris, that there is no reason why this sort of service should not be provided by schools other than academies in appropriate situations. However, I understand why my noble friend Lord Lucas tabled the amendment to this Bill. I am not sure whether legislation is required. Perhaps the Minister will explain the situation in that regard. We must take advantage of what technology can offer to ensure that certain children can get as good an education as any other child—provided that the proper safeguards and protections are in place—without having to split up families.
Baroness Garden of Frognal
My Lords, my noble friend Lord Lucas has spoken persuasively on this occasion of the merits of cyberlearning. We thank him for sharing that range of evidence and experience with the Committee. There is no doubt that this is an area of growing relevance, importance and potential. I am pleased to say that academies already have significant freedom about how they organise the education they deliver to best meet the needs of their students. This includes the use of distance and online learning where that is appropriate. Indeed, I understand that schools in this country increasingly provide services of this kind to deliver greater choice of subjects and teaching methods for pupils. That is clearly a good thing. It can also clearly be valuable for online teaching services to be available for pupils who are unable to attend school regularly, such as those groups which my noble friend Lord Lucas and Lady Walmsley have mentioned, which would, of course, include Gypsy and Traveller pupils, whom we discussed earlier this week, those who have been excluded or those in hospital, young offender institutions or prisons. Again, academies already have the freedom to provide such services for their pupils and maintained schools will have similar freedoms to do so. I assure the noble Baroness, Lady Morris, that these freedoms will be available for maintained schools as well as academies.
We think that the noble Lord’s amendment goes a little too far in providing for the absence of a teacher. We think that the role of the teacher is crucial to the quality of provision to ensure coherence of the overall educational experience for the pupil. There remains an important role for an experienced professional and for a personal relationship between teacher and pupil. In the Government’s view, distance education of the kind described in the amendment, without the presence of a teacher at any time, represents a risk to pupil outcomes and educational experience.
Lord Hill of Oareford
My Lords, in a moment we shall come to a discussion about the abolition of the YPLA on which we shall have a broader conversation. First, I shall deal with minor Amendment 142A to Schedule 16, which is the final consequential amendment to primary legislation that is required as a result of the proposed abolition of the YPLA. I have written explaining the detail of it. At present, the Value Added Tax Act 1994 exempts from VAT any education and training for 16 to 19 year-olds that is funded by the YPLA. A VAT exemption also applies to any goods or services essential to that provision. This amendment ensures that the VAT exemption continues to apply when the Secretary of State assumes responsibility for the funding in April 2012. The amendment does not make any changes to the education, training, goods or services that will be exempt from VAT. It simply amends the VAT Act to reflect that the source of the funding is changing. I beg to move.
Baroness Walmsley
I have Amendment 143 in this group. First, I thank the Minister for his letter to me dated 5 September about this matter. I suspect that it may well have been copied to most Members of the Committee. He explained the Government’s rationale for moving YPLA, Partnerships for Schools and the Department of Education’s distributing role of funding local authorities for primary and secondary schools and bringing them together in the education funding agency, which will be responsible to Ministers, and Ministers will be accountable for its operation. It would make sense if it becomes more efficient than the current system, but it is particularly important that we do not lose the progress that has been made over the short life of the YPLA. It is a great compliment to the YPLA that the Association of Colleges has written to me and has asked the noble Earl, Lord Listowel, and me to lay this amendment. It feels that, in its short life, the YPLA has communicated very effectively with the providers of post-16 education and has made sure that the voices of college leaders, principals and so on have been heard on its board, as well as the voice of schools.
The Association of Colleges feels that the chief executive and the chair of the YPLA have very quickly opened and maintained a very effective dialogue. My noble friends on these Benches and I can vouch for that because it has also had a dialogue with us. I am sure that other political groups have had the same dialogue. It is important that the proposed changes do not threaten that progress or stifle the open communication of views of the sector with those who are providing and distributing the funding.
There is a little fear out there that the new education funding agency, working within government, will become disconnected from the post-16 education sector. We hope that giving the Secretary of State the power to set up an advisory board with the structure as laid out in the amendment would prevent that happening. I am very pleased to tell those Members of the Committee who have not seen the letter from the Minister that its last paragraph states:
“I can see that there is a case for establishing an expert group, drawn from its customer base, to advise the new Agency on its operation. I have asked the chairs of the YPLA and Partnerships for Schools for their advice on this matter; that is due very shortly and I expect to be in a position to confirm our intentions later in the autumn”.
I am most grateful to the Minister for that and I wonder whether in his response he will elaborate on whether he feels that this advice will lead to the establishment of such an advisory board and whether he feels that it needs to be in legislation or should just be at the discretion of the Secretary of State. On the whole, those of us who want to ensure that that communication continues and that that expert advice is always available would like to see it in legislation.
Baroness Howe of Idlicote
My Lords, first, I give the apologies of the noble Lord, Lord Ramsbotham, who sadly cannot be with us at this moment. I thank the Minister for the letter that he wrote to the noble Lord, Lord Ramsbotham, and me about the abolition of the Young Person’s Learning Agency for England because both of us were very concerned about teaching within prisons and the importance of teaching taking priority among those young people who we know have much more ability than has ever come to the fore and very much needs developing.
I shall slightly push the Minister on an issue about which I feel quite strongly. When the education side of things was still within the power of the governor, if he happened not to be keen on education, he could dismiss all this and keep the young prisoner doing other activities and not concentrating on education. I would like to be reassured that in any set-up, including in the new education funding agency, which we have been told will have the advantage of having many YPLA members as part of it, there will be a real effort to ensure that proper attention is paid to young prisoners and that they are given the back-up to help their rehabilitation when they come out of prison. All this is part of a crucial way of seeing that reoffending does not continue in the cycle that we have seen for so many years. I hope that the Minister will be able to reassure me on those points.
Education Bill
Baroness Walmsley Excerpts(13 years, 5 months ago)
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Baroness Walmsley
My Lords, I support the amendment proposed by the noble Baroness, Lady Ritchie of Brompton. Governments, who are made up of democratically elected MPs, and most Ministers—although not those in your Lordships' House, of course—sometimes forget that local authorities are democratically elected as well. I wonder what the point is of having a consultation on the opening of an academy if the local authority is fettered in any way in responding to that consultation—if local parents say that they would prefer to have a local authority school, thank you very much. Anything that fetters the opportunity of the local authority to respond to its own local people is not a good idea, and I support what the noble Baroness has just said.
Baroness Howarth of Breckland
My Lords, I rise briefly to support the noble Baroness, Lady Ritchie, and the amendment of the noble Baroness, Lady Massey, which provides that a local authority may set up a school. I also read the Explanatory Notes and thought that my concern might be covered. However, I have listened to the debate and I think that, unless there is some forward planning, there may be a discussion about a variety of schools but none of them may meet the needs of a particular group of pupils who are coming up for education at that time. Therefore, it is absolutely crucial that there is some co-ordinated planning and that, if the proposal does not come forward, the local authority already has some plans to meet the requirements. Can the Minister tell me whether that is within the programme?
Lord Lucas
My Lords, in the Localism Bill we have been setting out to create neighbourhoods that are involved, vibrant and powerful. If you do that you will create a band of people whose first care is the education and well-being of their children. They deserve to be connected with primary schools, particularly ones that serve their children, and that is what this amendment does. I beg to move.
Baroness Walmsley
My Lords, I shall speak to Amendment 113ZA in my name and that of the noble Baroness, Lady Howe of Idlicote, who mentioned to the Committee on Monday that she is not able to be in her place today. I assume, therefore, that she will not be speaking to Amendments 113A and 113B, but I do not have my name to either of those.
First, I thank the Minister for his amendments in this group and pay tribute to my honourable friend Dan Rogerson MP, the Member for North Cornwall, whose powers of persuasion in another place were so great that he managed to convince the Minister for Schools, Mr Nick Gibb MP, that we need the government amendments that we find in this group. The amendments ensure that school governing bodies are more representative of school communities. However, students play a central role in these communities but at present cannot become school governors. We have put down this amendment to try to ensure that students can serve as full members of school governing bodies.
Article 12 of the UN Convention on the Rights of the Child ensures that children are involved in all decisions that affect them and that their views are given due weight in accordance with their age and maturity. I very much welcomed the statement by the Minister for Children, my honourable friend Sarah Teather, in December 2010, that the convention would be given due consideration when making new law and policy. I now urge the Committee to consider how students’ rights to participate in decision-making can be strengthening through their involvement in school governing bodies. In 2009 the Committee on the Rights of the Child said:
“Respect for the right of the child to be heard within education is fundamental to the realization of the right to education … Steady participation of children in decision-making processes should be achieved through, inter alia, class councils, student councils and student representation on school boards and committees, where they can freely express their views on the development and implementation of school policies and codes of behaviour. These rights need to be enshrined in legislation, rather than relying on the goodwill of authorities, schools and head teachers to implement them”.
Baroness Sharp of Guildford
I would like just to say a few words on these amendments. Like others in the Room, I have been a governor in one form or another for the past 20 or 30 years. I have hesitations about some of the proposals, particularly those from the noble Lord, Lord Knight. While I support entirely the notion of student governors, will those who propose the notion—particularly my noble friend Lady Walmsley—say whether this is to apply to primary schools as well as secondary schools? What about infant schools? Is it to apply to small village primary schools, which are in effect just infant schools?
Baroness Walmsley
All secondary schools should have student governors. There is a role for younger children perhaps to be associate governors on the governing bodies of their primary school. These various categories of governors can be viewed in different ways. The staff governor and the student governor need to be there because they have a very particular perspective, whereas the local authority governor, who appears in the Minister’s amendment, is modified by the Minister’s other amendment, Amendment 113C, which allows schools to choose a local authority governor with the skills that they require. I agree with the noble Lord, Lord Knight, that schools should have a governing body with a set of skills that are appropriate to them, and these government amendments allow that.
To return to my noble friend’s question, in the case of children and staff it is not so much the skills as the perspective that they bring which matters. That is why there is a role for children even younger than 11 on the governing body, although perhaps not as a full governor.
Baroness Sharp of Guildford
Thank you. That clarifies the position as far as I am concerned.
Lord Hill of Oareford
My Lords, like other noble Lords, I shall start by thanking the 300,000 governors who work so hard for schools. Without them, schools could not operate properly. The quality of school governors is vital to the success of our schools, which is why the principle at the heart of the changes we are proposing, which are permissive by nature, is to give governing bodies more freedom to recruit governors based on their skills, as the noble Lord, Lord Knight of Weymouth, said. Having heard that the noble Lord looked into this area a couple of years ago, if he has the time I would be keen to look at his scars to see whether there is anything I can learn, because we have grappled with some of the same issues.
In fact, the issues around governance are a subset of some of the broader debates that we have had on a range of issues in Committee. We all start with the instinct to try not to be too prescriptive and to trust people, and then find ourselves drawn by stages into saying that we want to be completely permissive apart from this area, this area and this area—areas about which we feel strongly individually. The same thing has happened in our approach to governance and, as the noble Lord, Lord Knight, said, we have ended up with a complex system.
A number of noble Lords have raised fundamental questions about the purpose of a governing body such as what we look to it to do and the kind of people who could best provide the challenge we are keen to see provided. These are very good first principle questions that ought to be asked. However, as even the noble Lord, Lord Knight, was defeated in his attempt to grapple with this issue, I shall be more modest and bring the Committee back to the Bill and the amendments.
The current complex regulations can sometimes get in the way of some governing bodies, and the main purpose of Clause 37 is to free up the constitution of maintained school governing bodies. We also want to amend the relevant regulations to minimise prescription around the proportions of governors required from each category. We believe that the governing body is best placed to determine what will work best for them locally and that—this is an important point—the current governing body should decide on any change to its constitution. As I said, the changes that we are proposing are permissive. The noble Baroness, Lady Jones, asked me about that, and that is the answer—no governing body will be required to change if it does not think it is in the best interests of the school.
As I have said, our wish is to minimise prescription, but having listened to the concerns expressed in another place—which I know my noble friend Lady Walmsley shares—we are bringing forward two government amendments. I accept that there are strong views that maintained school governing bodies should be required to include an elected staff governor, other than the head teacher, and one local authority governor whose skills will assist the governing body. We propose that when a local authority governor post becomes vacant, the governing body should liaise with the local authority to identify a suitable candidate for appointment. The governing body should be able to ask a local authority to make a different nomination if its original one does not have the skills required by the governing body.
I agree with my noble friend Lord Lucas that it is important for a primary school to have close links to its local community. It is, of course, already possible for the local authority or the governing body to appoint governors who represent the local community, and it is right that we should leave the decision to do so to be made locally—it may well appoint a representative from the parish—rather than to prescribe a completely new category.
We had a long debate about student governors. As has been pointed out, many schools already have well established and highly effective school councils. Pupils can already be invited to attend and speak at governing body meetings and can serve as associate members of governing bodies. Like the previous Government, we think that these arrangements allow for governing bodies to take proper account of pupils’ views.
I would be cautious about prescribing a new category of pupil governor and forcing governing bodies to appoint them, because we are keen to try to move away from that. There are some practical issues relating to student governors of the sort that the noble Baroness, Lady Howarth, referred to which one would need to think through. Another set of issues was then flushed out by my noble friend Lady Sharp. We would need to think very carefully, for instance, about giving pupils responsibility for decisions relating to pupil or staff disciplinary matters, or issues around pay. However, I would be interested to discuss some of these points further with my noble friend.
Baroness Walmsley
It is common practice, whenever there are issues such as the Minister has just mentioned, for staff and student governors to withdraw. It is perfectly practicable to do it that way.
Lord Hill of Oareford
I accept that, my Lords. There are ways of dealing with that, but there are a range of other practical issues that one would need to think through. I would be very happy to explore some of them with my noble friend and others who have an interest and see where we end up.
On head-teacher governors, I again understand the arguments that have been put by both sides. That is probably why the noble Lord, Lord Knight of Weymouth, having had both these opposing views, concentrated on other issues. I understand the argument both for their inclusion on boards, in the same way as a chief executive of a company might serve on a board, and against in the case of the voluntary sector and other charities, where the chief executive is often not on the board.
We know that there are issues, but overall the system is operating. We are working with the National College to develop training for chairs of governing bodies to assist them in the role of holding head teachers to account. Head teachers can choose to remove themselves from governing bodies. If individual governing bodies wish to move to the position suggested, they can do so and the head teacher can resign from the governing body. The thought of removing head teachers from every governing body in the land, from 25,000-odd schools, seems quite courageous, but, as the noble Lord, Lord Knight, said, these are issues on which we need to continue to reflect.
The noble Baroness, Lady Brinton, asked me a specific question about governors. Governors are not there to represent a particular group and should act in the best interests of the school, having formed their own opinion.
I therefore commend my amendments and ask my noble friend to withdraw his amendment, which he moved some time ago before we had many Divisions in the House.
Baroness Walmsley
Baroness Walmsley
My Lords, Amendment 113D would make sure that, where schools are not regularly inspected by Ofsted, regulations would provide for inspection of their safeguarding policies at prescribed intervals by some means or other. Due to the central importance of child protection in schools, somebody should be inspecting all schools to make sure they are fulfilling their legal duty to safeguard and promote the welfare of children under the Education Act 2002.
The NSPCC has had some conversations with Ofsted about those schools which are going to continue to be inspected. It has agreed that the right place for the inspection of safeguarding should be within the leadership and management strand of the new inspection framework. It also recommends in the statutory guidance, Safeguarding Children and Safer Recruitment in Education, that the Ofsted report should state whether the school has an effective policy on child protection which is consistently applied; whether the school has a designated lead member of staff for child protection; whether the designated person takes part in local, multi-agency arrangements such as case conferences; and whether school staff attend child protection training which is refreshed at intervals set out in the statutory guidance. All these things would apply to schools that are not exempt from inspection. The question that I am raising in this amendment is what happens to safeguarding when schools are not regularly inspected?
If academic standards slip over a period of time—the head teacher might move to another school and a new one comes in who is not perhaps as able—someone is likely to notice and trigger an inspection, which legislation allows. However, safeguarding can go pear-shaped very quickly and this is often very well hidden. Can the Minister say how the Government intend to ensure that schools are carrying out their safeguarding role diligently, especially in the light of the intention to repeal the duty to co-operate with local authorities? Will excellent safeguarding policy and practice be a limiting factor in whether a school can achieve an outstanding Ofsted report? Guarding the safety of children in school is one of the most vital roles of every school, whether the academic achievement is good or poor. We are proposing not to inspect those that have high academic achievement. It does not necessarily go hand in hand with very high standards in safeguarding policy. What do the Government intend to do to ensure that this matter is addressed? I beg to move.
Baroness Perry of Southwark
My Lords, I speak to Amendment 114. I entirely support Clause 39. It is absolutely right that academies and other schools that are exempt should be given freedom from full Ofsted inspection. I have severe reservations about whether Ofsted’s regime in the past has been proven to do anything to improve standards in schools. In fact, the contrary appears to have been the case. We have to hope, of course, that Ofsted in its revised form will be a more positive experience. Nevertheless, it is right that these schools should be exempt from routine Ofsted inspection. However, as my noble friend has already said, academic standards can slip, but long before academic standards begin to show a decline in a way that can be identified, it is possible for a school to begin—usually because there is a change of head—to decline in terms of standards of discipline and staff morale. Therefore, the overall ethos of the school begins to change and, within two or three years, that will certainly begin to be reflected in the academic results and standards.
The proposal in Amendment 114 may be a little leftfield. It proposes that, instead of having a full inspection regularly, a school should have somebody assigned to it who just keeps an eye on it. The noble Baroness, Lady Massey, suggested that this amendment brought about something like a school improvement partner, but that is not what is envisaged at all. This person would not have a role in helping the school to improve or develop; they would simply be a friendly eye, popping in two or three times over the year—at least once a term—just to ensure that the high standards that had been present before were maintained. If there is any question or doubt, this would be the early warning system; if the “visitor”, as the amendment calls this person, had reason to believe that things were beginning to go wrong, he or she would be able to trigger a full inspection by Ofsted.
I am sure that all of us in this Room with our tremendous experience of schools have seen schools change very quickly when there is a change of head. I have certainly seen schools that were very good begin to deteriorate in a couple of terms, when a weak head moved in—and, vice versa, a school that has been weak in the past can suddenly begin to pick up very fast when a good head moves in. Assuming that it is the case in some schools that they go down in standards, I believe that it would be very important to have someone keep an eye on that, rather than wait the two or three years before it begins to appear in the standards of achievement. I do not need to remind the Committee that these are children’s lives; they do not have a second chance. If the school’s standards begin to decline, down the line their success and achievements will also go down. So I very much hope that my noble friend will at least look sympathetically on this idea.
Lord Lucas
My Lords, I am grateful for what my noble friend has said. I do not really think that saying that the system at the moment has its defects is a good reason for adding to them. I very much hope that, in what happens between now and Report stage in terms of an understanding of the Ofsted mechanisms and in discussions between ourselves, we can firm this up. It seems to me to be a serious disaster in the making and a very wrong step the Government are looking at.
I want to pick up on a point made by the noble Lord, Lord Sutherland. Clause 40(2) removes the compromise that we reached at the end of that long and, as he says, acrimonious debate. I very much hope the Minister will take the time to read that debate and to understand why that clause got into the 2006 Act. It was a compromise, carefully worked out by the then Government, to deal with questions about the way in which faith schools fit into the system. By removing that compromise you are reopening the whole argument as to that relationship and inviting a repeat on Report of the experience of 2006. I hope the noble Lord, if only in preparation for that, will read through that debate. I am sure we will revisit this in October. I hope that between now and then we will have made some progress.
Baroness Walmsley
My Lords, this has been a very thorough and rigorous debate and I do not intend to summarise the whole of it. I will respond only on my own amendment as the Minister has been intervened upon a number of times. My understanding of what the Minister said in response to my amendment was that there is no reason to believe that outstanding schools will not take safeguarding seriously. Without intending to be rude to the Minister, I wrote in my notes, “Well, we are hoping for the best then”. Frankly, I do not agree that if somebody is good at one thing they are necessarily good at another. Only on Monday I talked about my own grandsons, one of whom is brilliant at maths and the other is brilliant at English. I think the same applies to schools.
The Minister said that Ofsted will now carry out a survey, but I understand that there are currently no plans whatever to inspect safeguarding regularly in schools that are regarded as exempt—and therefore will not be regularly inspected—unless, of course, the Ofsted survey advises the Government that there is no correlation between a school being good academically and being good at safeguarding. Can the Minister just nod if I am correct in that understanding of his reply?
Baroness Walmsley
In which case, I have to declare that I am very unhappy about that. I rather suspect that my concerns are reflected in other parts of the Committee. It is a matter to which I may very well return on Report. However, in the mean time I beg leave to withdraw the amendment.
Baroness Walmsley
Baroness Walmsley
My Lords, I shall speak also to Amendment 120. We are now moving to Clause 40, which sets out the new Ofsted framework. These probing amendments address two different aspects of that framework.
Amendment 115 seeks to add the words “and well-being” in proposed new subsection (5A)(a) so that it reads,
“the achievement and well-being of pupils at the school”.
I should have perhaps said, “the well-being and achievement of pupils in the school”, because well-being comes before achievement. All Members of the Committee will agree that unless a child’s well-being has been addressed, he or she is not going to achieve what he or she otherwise might. Well-being is fundamentally important to a child being ready to learn. I do not think I need to rehearse that argument any further because it is widely accepted.
That is why I ask my noble friend the Minister: where will well-being be covered in the framework, how will Ofsted report upon it and will the school’s performance in relation to the well-being of children be a limiting factor in determining whether the school can achieve an outstanding Ofsted report? I will leave my comments on Amendment 115 at that. It is fairly simple.
Amendment 120 was suggested to us by the Equality and Human Rights Commission, which welcomes the explicit mention in the Bill of the needs of disabled pupils and pupils with special educational needs in proposed new subsection (5B)(b)(i) and (ii). However, it is concerned that without specifying other protected groups in the legislation, inspection will not focus adequately on their needs and Ofsted may not be able to report adequately on progress towards closing gaps and improving educational outcomes. Indeed, the lack of these groups in the legislation may also undermine Ofsted’s ability to demonstrate due regard under the public sector equality duty.
The amendment is very simple and its purpose is to avoid any doubt in the wording of Clause 40. It is a small matter of crossing the “t”s and dotting “i”s for the avoidance of doubt. We are dealing with groups of children with specific needs who need to be dealt with in specialised ways. Those groups are: pupils in respect of whom the school receives the pupil premium and pupils who have protected characteristics for the purposes of the Equality Act 2010. At Second Reading, there were several references to equality by a number of noble Lords across your Lordships’ House. They were concerned about how children and young people from culturally diverse backgrounds, including Gypsy, Roma and Traveller children, for example, will be affected—although unintentionally—because many are among the most deprived educationally in England and their needs must be considered. That is why Amendment 120 adds pupils who have a disability for the purpose of the Equality Act 2010 and those in respect of whom the school receives the pupil premium.
I simply need reassurance that the new framework will take full account of the school’s record in respect of meeting the needs of these children as well as of those referred to in the Bill. I beg to move.
Baroness Garden of Frognal
Indeed we take that on board.
Amendments 118 and 120 seek to ensure that particular groups of pupils are considered as part of school inspections; namely, those benefiting from the pupil premium and those given specific reference in the Equality Act 2010. Clause 40 requires inspectors to consider the needs of the range of pupils at the school. This is a phrase lifted from the current inspection legislation. It is a useful catch-all that avoids the needs for lists in the primary legislation. Inspectors will pay particular attention to the extent to which gaps are narrowing between different groups of pupils in a school and compared to other schools. They will evaluate teaching with an eye to how well teachers engage, motivate and challenge the most able pupils.
In the case of protected groups, additional assurance is provided by the fact that Ofsted is subject to the public sector equality duty, which is provided for in the Equality Act 2010. This commits the inspectorate to playing its part in promoting equality and eliminating discrimination, including through its inspection activity. We do not therefore believe that it is necessary to replicate this within the clause. The best place for these references is not in the primary legislation, but in the framework and supplementary guidance—the detailed documents that determine how inspections are delivered on the ground—and that is where they will be found under the new system.
The last set of amendments in this group all seek to add to the inspection provisions explicit references to various subjects and aspects. Amendments 117 and 121 concern linguistic skills and modern foreign languages. I entirely endorse what was said by the noble Baronesses, Lady O’Neill and Lady Coussins. Here I would highlight the benefit of the new arrangements in giving inspectors more opportunity to focus on teaching and learning, observe lessons, listen to pupils read, and talk to individuals and groups of pupils. In terms of inspection of modern foreign languages, Ofsted conducts a rolling programme of subject surveys, and that will continue to be the way in which it assesses individual curriculum areas in future.
Moving to careers advice, I note that the noble Lord, Lord Lucas, and the noble Baroness, Lady Perry, spoke on this on behalf of our joint noble friend Lord Boswell of Aynho. This will be captured within the new inspection arrangements. Inspectors will consider, for example, the extent to which pupils have a well informed understanding of the options and challenges facing them as they move through school and on to the next stage of their education, training and employment.
I know that the noble Baroness, Lady Whitaker, raised the matter of school buildings and design at the recent meeting hosted by the noble Baroness, Lady Morgan of Huyton. I am aware that we have discussed this before and, if she will forgive me, I will skip over a further to reply on that, but I assure her that what she says is being taken on board.
As the noble Baroness, Lady Morgan of Huyton, pointed out during Second Reading,
“There are always perfectly good reasons to add to an inspector’s remit”.—[Official Report, 14/6/11; col. 737.]
However, we have a real opportunity here to start afresh, to streamline the requirements on inspectors, to provide more coherence to the arrangements, to clarify to schools what is expected of them and to provide parents with more meaningful assessments of their child’s school. It is vital that Ofsted is allowed to stay focused on the key aspects set out in Clause 40. This will not be the last time that we discuss these important issues, but I hope for the moment that the noble Baroness will support this important ambition by withdrawing her amendment.
Baroness Walmsley
My Lords, I thank the noble Baroness for skating so very quickly through her response and yet managing to be so thorough. I shall be very brief. I thank her for her confirmation that well-being and community cohesion are within the scope of inspections as undertaken by Ofsted, that Ofsted will inspect how well schools narrow the gap, that the equality duty covers Ofsted and that all ranges of children within the school have to be considered by it. That will, I hope, include those schools that have the groups of children about whom I had some concerns.
On languages, I welcome her statement that there can be themed surveys. I think there is a danger that including languages will get us on to the slippery slope of including geography, physics, history and all the rest, which we do not want to do. Finally, I welcome the fact that, as my noble friend Lady Brinton and I have just noticed, lines 30 and 31 on page 36,
“the spiritual, moral, social and cultural development of pupils at the school”,
are lifted directly from Every Child Matters, which proves that this Government believe that every child does matter. With that, I beg leave to withdraw the amendment.
Schools: Funding Reform
Baroness Walmsley Excerpts(13 years, 5 months ago)
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Baroness Walmsley
My Lords, I thank the Minister for repeating the Statement. I heartily welcome the fact that the Government are grasping the nettle of the complexity and unfairness of school funding, which the previous Government did not do in 13 years—indeed, they compounded the complexity problems.
First, I will say a word about capital funding. I notice from the Statement that the Secretary of State has accepted Mr Sebastian James’s recommendation to move towards greater standardisation of design of school buildings. Casting my mind back to the debate during the Localism Bill, I am sure the Government would not want a set of cloned schools all over the country. Can the Minister confirm that there will be a set of standard designs from which local communities can choose the most appropriate for their particular needs, not just one size fits all? That would not be in line with what this Government are trying to achieve. Will he also say whether energy efficiency, including microgeneration, will be included in those standard designs because, moving forward, that is going to be a very important issue?
On revenue, I welcome the consultation on moving towards a fairer national funding formula with appropriate room for local discretion—that is particularly important to those of us on these Benches—and the move towards a simpler, fairer and more transparent system. Schools need to know what to expect. From what the Minister said, I am sure he accepts that if you have a very simple system, it is likely not to be very fair, and if it is a very fair system, it is likely to have some complexity. I am sure that the Government’s consultation will allow for that. I also particularly welcome the Government’s determination to iron out the inequalities between areas and between academies and local authority schools.
On the subject of academies, I welcome the fact that the Government are publishing a consultation document for local authorities explaining the basis on which they intend that the money will be deducted this year and next. Does this mean that local authorities with no academies will have no deductions? Does it mean that there will be a standard costing for the services that academies will provide which local authorities will no longer provide? Finally, will he tell us a little more about how special schools will be treated?
Lord Hill of Oareford
Like my noble friend, I sat through the previous debate on design, and I thought someone would ask me about it. I was expecting the noble Baroness, Lady Whitaker, to be in her place, but my noble friend has asked the question instead. Coming to listen to another Bill going through its Committee stage and being subjected to some of the same kind of scrutiny to which I have been subjected in the Moses Room makes a nice change.
On design, the Government want to get a balance between delivering savings through a common sense approach and not reinventing the wheel every time. I agree about not having a one-size-fits-all design that can be rolled out across the country. There clearly needs to be proper discretion about the set of standardised designs—plural—that we would work up. In that context, building schools and other buildings that are energy efficient is extremely and increasingly important.
I agree with my noble friend about the importance of local discretion in thinking about revenue. She put the point about simplicity, equity and complexity very well. It is precisely those issues that we will need to tease out in the consultation to try to get to a point where there is more transparency and openness but there is still room for people to make sensible judgments on the ground. As she also said, we want to iron out some of these inequalities across the country. The points she raised about academies and academy funding are the sorts of issues that we will be discussing with local authorities and their representative bodies to try to resolve this issue.
Special schools, like all schools, will be able to apply for funding to help with their condition because we know from the work we have done that, just as with other schools, there are special schools in great need of help with dilapidation, so they will be able to apply to the same fund.
Education Bill
Baroness Walmsley Excerpts(13 years, 5 months ago)
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Baroness Turner of Camden
My Lords, I support the contributions of my noble friend Lady Massey and the noble Lord, Lord Avebury, to this debate. In my view, the law as it stands is a legacy of a society which is unrecognisable compared with the one that we have today, with its wide variety of beliefs and traditions. The Bill provides an ideal opportunity to modernise an outdated and overly prescriptive law, and the amendments give us the opportunity to do precisely that.
Although it is true that parents have the right to withdraw their child from collective worship, for many parents this is very unsatisfactory because it means that the child may feel excluded and separated from their classmates, and this can have a very damaging effect, particularly on very young children. In some respects, I speak from personal experience in that regard. My mother was a Roman Catholic and my father was not, but they insisted that we went to state schools, and my mother filled in the appropriate forms to the effect that I was a Roman Catholic. Therefore, when I went to school, instead of going in with everyone else, I sat outside the door. It was thought right and proper that I should be separated from the rest of the children. I remember being very upset about this, getting home and saying to my mother, “They don’t really like me, you know, because I’m a Roman Catholic”. Perhaps that is one reason why I grew up to be a secularist. That is by the way but the fact remains that it is not a very good solution simply to say that parents can withdraw their children. Much better in my view is the kind of assembly envisaged by my noble friend Lady Massey, which is available for everybody. People can attend irrespective of their religion or no religion.
I turn to the amendments in the name of the noble Lord, Lord Avebury. Amendment 92 would at least ensure that conducting an act of worship was made optional for schools without a religious designation, and Amendment 93 would make attendance at worship optional for all children. However, the less satisfactory amendment from my perspective is Amendment 94, which would lower the age at which pupils may withdraw themselves from collective worship from sixth-form age to a default age of 15.
The three amendments in the name of the noble Lord, Lord Avebury, would certainly be an improvement on the present situation, and we now have an opportunity to reform what I think is a very outdated way of looking at collective worship. I therefore hope that the Government will be prepared to respond suitably to these amendments.
Baroness Walmsley
My Lords, I have no interest to declare save that in previous pieces of legislation I have tried to achieve exactly the same objectives that my noble friend is trying to achieve today. I agree with what he is saying. I also agree with the noble Baroness, Lady Massey, that it is important that children are able to make decisions for themselves about something like this. We are not just talking about a piece of religious education; we are talking about worship. I wonder whether the proponents of the out-of-date law as it stands would feel the same way if this were a Muslim country and Christian children were being asked to worship in the way that Muslims do, even though they did not espouse that faith.
The noble Baroness, Lady Turner, also put her finger on the fact that this is completely out of date in our multicultural society. If it is true that academies have the freedom to decide whether or not to do this and maintained schools do not, that is not right.
Lord Touhig
My Lords, I declare an interest as a Christian. I am concerned about these amendments. Currently there is a legal requirement on all schools to have a daily act of collective worship of a broadly Christian nature. As has been said by a number of noble Lords, parents have the opportunity to withdraw their children from these acts of worship if they so wish and that seems to make perfect sense. These amendments erode this requirement.
Collective worship is important for two reasons. First, it is a visual recognition of the Christian heritage of our country—it is a Christian heritage. It enables children of whatever faith to engage and better understand this heritage. Secondly, it is an opportunity for children and young people to explore their own faith. For some children, that may be their only opportunity to understand the Christian faith.
I am Catholic and my family were Catholic but they were not practising. I first came into contact with the Catholic faith and Christianity by going to a Catholic school. The majority of youngsters at that time at the school were not Catholic. I might have been ahead of my time ecumenically but I went to half-past 9 mass as a Catholic and, because my neighbours were Baptists, at 11 o’clock, I went to the High Street Baptist Chapel in Abersychan and even took part in Sunday school anniversary singing “Jesus wants me for a sunbeam”.
The point is there was a good feel in the school and people took part in the collective act of worship. Some of the amendments undermine parents’ primary right as the educators of their children. Indeed, Article 2 of the First Protocol to the European Convention on Human Rights says that parents have a right to educate their children on their own religious and philosophical convictions. Amendment 93, moved by the noble Lord, Lord Avebury, would alter this requirement for all children to attend collective worship from one which is compulsory, unless parents withdraw them, to one which is voluntary. The importance of collective worship would be undermined and children might choose due to peer pressure not to take part in the daily act of collective worship.
Lord Laming
My Lords, as the noble Lord, Lord Rix, has indicated, the Minister generously met a group of us last week. I think we would all agree that we had a very useful meeting where we were able to express our thoughts fully and the Minister was responsive to our concerns. As the noble Lord, Lord Rix, said, the Minister has since written to me and indicated that he has given the matter further thought. The letter is written in what I would call careful language, perhaps even a touch cautious, and therefore no bunting is to be unrolled as yet. However, I am sure that I speak on behalf of the group when I say that we are extremely grateful for the Minister’s thoughtful approach to this and we look forward to returning to this on Report.
Baroness Walmsley
I point out to the Committee that my noble friend Lord Storey has withdrawn Amendment 100ZA, but for some reason that has not appeared on the Marshalled List. That amendment is probably the reason for the reference in the Minister’s letter on the Health and Social Care Bill. It related to the possibility that the new welfare public health boards might be more appropriate organisations for schools to co-operate with when it comes to children’s well-being. We have been persuaded that it might be more appropriate to lay that amendment to the health and Social Care Bill when it comes to us.
That future legislation, besides the SEN Green Paper that will undoubtedly lead to further legislation, is one of the reasons why it was suggested to the Minister that the Government might consider waiting and not making this change to legislation just at this moment, but might instead leave the potential for that change until we know what is coming in the legislation that follows the SEN and disability Green Paper and what will transpire in the Health and Social Care Bill. It makes sense for the Government to keep our powder dry for the time being and postpone any decision about removing the duty to co-operate until we see what legislation is coming down the track and how that might be affected by this idea.
Lord Elton
My Lords, this might be the right moment to ask the Minister to tell me in his reply—or, more probably, in correspondence afterwards—what progress has been made in implementing the requirements to identify children suffering from dyslexia and that range of specific difficulties? They were legislated for in the previous Parliament but that has not necessarily as yet been implemented. I would be grateful if he could let me know in advance of Report.
Baroness Hughes of Stretford
My Lords, I stand to move Amendment 100A and speak also to Amendments 101A, 103ZA and 107B in my name.
This is a very important clause in this Bill and it proposes to introduce a number of changes to admissions. I am sure we all agree that admissions and the way children are admitted to school really matters. It matters in ensuring that everyone gets fair access to a good education and that matters in terms of helping to improve social mobility and ensuring every child gets the best life chances, regardless of their background. The international evidence upon which the Government are drawing to support their moves to give schools much greater freedom also makes clear that, while those freedoms can improve levels of attainment in schools, they only do so in the context of a system that is both accountable and also in systems which have an inclusive admissions system, meaning that the schools have a comprehensive intake across the ability range. That is the balance of the international evidence—not freedoms on their own but freedoms in the context of accountability and inclusive, comprehensive intakes for all schools.
The Secretary of State is making a number of changes with this clause which in our view add up to a significant weakening of the admissions system from the point of view of parents and children. This causes me concern that it will be harder for parents and children to get fair treatment. First, the clause removes the powers of the adjudicator to direct a school or local authority to change its admissions practices when the adjudicator has judged that they are in breach of the admissions code. Secondly, it removes the power of the adjudicator to choose to look more widely at admission practices of a school or local authority when the adjudicator receives a specific complaint. Thirdly, the clause abolishes the local admissions forums which bring parents and others together to resolve issues locally. That prevents all complaints from going to the adjudicator.
I shall come on to the amendments in relation to the adjudicator in a moment. First, I want to concentrate on ensuring that admissions are fair in the first place—that is that children have fair access to good education and training, whatever their background. Amendments 100A and 107B are similar in effect to Amendment 103 in the names of the noble Baronesses, Lady Walmsley and Lady Brinton, and would place a duty on the Secretary of State to ensure fair access through the admissions code.
We want all children to be able to access schools that are good or better. Schools that are highly performing are often very popular and it is crucial to ensure that access is fair so that children from all backgrounds can benefit. With the fragmentation of the education system that will follow if this Bill becomes law in its entirety, it is more important than ever before that systems are in place to ensure that those admissions are fair.
Where a school is an academy, it is its own admissions authority, setting its own admissions arrangements, hopefully within the admissions code. For community and voluntary controlled schools, the local authority is the admissions authority. Given the Government’s direction of travel towards making ever-increasing numbers of schools into academies—already more than a fifth of secondary schools are academies—it is not hard to envisage a future in which most or all of our 20,000 schools are their own individual admissions authorities.
I cannot get beyond thinking that this means that parents and pupils will face a baffling and utterly opaque situation, with all the schools in their area operating different admissions criteria. Parents who are most articulate or who know the system can perhaps work it to their advantage; others—for example, those for whom English is not a first language or who are less engaged in the education system—will lose out. When the Minister replies, can he please explain in detail how a parent would navigate such a system? Will not parents inevitably apply to as many schools as they can, and will not that in itself cause gridlock, with schools processing many more applications than they have places? Will not parents be in limbo, with no one co-ordinating that process? I am informed that in many local authorities this is already the case. Parents whose children currently do not get into their preferred choice of school are at a loss to know what to do and the local authority cannot do anything to help.
It may be a good thing to give more freedom and autonomy to schools but, as I said earlier, with that freedom should come accountability and safeguards. Without those safeguards there is a risk that highly localised admission arrangements could result in what Barnardo’s has described as “selection and segregation”, with some children missing out unfairly.
Last year’s schools White Paper supported a local authority role to ensure fair access but, as this clause would get rid of the duty to have an admissions forum, the Government are abolishing the mechanism to enable local authorities to do that. These amendments would ensure that the Secretary of State had an overarching duty to ensure fair access to education and training.
The new draft admissions code uses the word “fair” 26 times, including the line:
“The purpose of the Code is to ensure that all school places for maintained schools … and Academies are allocated and offered in an open and fair way”.
It is good to note the Government’s commitment—at least, on paper—to drive fairness, but if that is the case it would surely follow that the Government would be keen to support these amendments, which give the Secretary of State a statutory duty to ensure that admissions are fair.
Amendments 103ZA and 101A would respectively reinstate the power of the adjudicator to direct admissions authorities—that is, academies and local authorities—to change their policies where they had been found not to be in compliance with the admissions code. Amendment 103ZA goes further. It would require the adjudicator to put the views of parents at the heart of his decisions in exercising his powers.
Currently, as I said, the school adjudicator can specify appropriate modifications to the admissions arrangements, whether they arise from objections or not. He can protect those modifications from being changed back for up to three years, and the admissions authority in question can be made to comply with the adjudicator’s decisions forthwith. Clause 34 would remove all those powers. At the moment, the school adjudicator steps in to challenge and remedy non-compliance with the admissions code. Surely, if the Government are serious about fairness in admissions, a control needs to be in place to ensure that, where admissions criteria or processes are not fair, they are identified and corrected. There is a need to ensure that somebody is responsible for seeing that they are corrected and it should not simply be left, as I feel sure the Government will argue in a moment, to schools to do that of their own volition without any need for any monitoring. Last year, 92 per cent of complaints heard by the school adjudicator were from parents. Where these complaints were upheld, the school adjudicator could direct the admissions authority to change. As I said, under the Bill that process will change.
In one sense, the Bill is also contradictory. On the one hand, it extends the right of parents of academy pupils to go to the adjudicator and lets parents from anywhere—not just the school in question—to make a complaint. On the other hand, it removes the school adjudicator’s powers to do anything to overturn malpractice. Therefore, under the Bill more parents can now complain to the school adjudicator but he or she can do less as a result of the Bill. I just wonder whether the Minister thinks that this will empower parents or do the reverse.
Clause 34 also abolishes admissions forums—the local bodies made up of parents, local authorities and schools—which oversee the admission arrangements in an area. I cannot see any valid reason for cutting parents out of that process of having some kind of say on the way that admissions are handled throughout an area. Parents will have nowhere to go except to the school adjudicator, whose powers are being seriously diminished. I beg to move.
Baroness Walmsley
My Lords, I have Amendment 103A in this group. What concerns me is that someone should have oversight as to whether fair access is going on. I am most grateful to the Bill team for sending some notes about how the school admissions and appeals code works and how the Bill seeks to change that. I was very exercised about the fact that, as the note states:
“School admission arrangements are set two school years before pupils enter the school by the schools’ admission authority, in line with the Admissions Code”.
Of course, the authority must have consulted about those arrangements beforehand. That makes it very difficult for parents. If they apply to several schools two years before their child moves schools, they then have to scrutinise the admissions arrangements of all the schools to which they apply in order to make sure that they are happy with those admission arrangements. This is not the case just under the Bill, but is the case now, before the Bill goes through. The arrangements are very difficult for parents to navigate.
The note also points out that:
“Parents, local authorities, other schools or the Secretary of State who have concerns about the admissions at a maintained school can ask the Office of the Schools Adjudicator … to investigate”.
I very much welcome the fact that this power is being extended to the parents of children who want to go to academies. However, the problem is that many local authorities are not doing the job of scrutinising admission arrangements terribly well. It is therefore left to parents to make the complaints and appeal. If all the schools in the area are academies, parents have to look at a whole lot of different sets of arrangements.
The note that the Bill team kindly sent us points out that:
“Local authorities will still be required to report annually on local admissions”.
The Bill states that they do not have to report to the adjudicator, but they will have to report. Therefore, my first question to my noble friend is: to whom do they have to report? It does not say in the note. However, I have a clue here in the way that the note continues. It states:
“The Chief Adjudicator will still be required to report to Parliament each year and, as now, base his findings on a range of sources, including having access to local authority reports from their websites. The local authority reports will still focus on key issues for local parents and others with an interest in access to local schools”.
My question, therefore, is: does the chief adjudicator or any parent just have to go to the website of the local authority to find out what the arrangements are and whether there have been any appeals, or what the problems are? The whole system is not at all parent friendly. It is not access friendly or social mobility friendly, given how important social mobility through education is to my Government.
What I want to do in Amendment 103A is give a reciprocal duty to the Secretary of State to take this information from the chief adjudicator, who is reporting to Parliament, and act on it if he identifies trends of injustice happening, perhaps across the country. The difficulty with the proposed arrangements is that any adjudicator looks only at the appeals in his own area. Let us be clear that we are not talking about appeals from parents who did not get their child into a school; we are talking about appeals being made 12 months before parents even try to get their child into a school, and two years before the child goes there—or not, as the case may be. These are appeals against the nature of the arrangements.
If the adjudicator can only look at arrangements in his own local area, who is going to look at trends? For example, an education provider may have a lot of appeals against the admission arrangements in one part of the country, another lot in another part of the country, and yet another lot in a third area. The adjudicators in those three separate areas can only see the problems brought to their attention in their own areas. Who is going to identify that there are trends of injustice in that particular chain of education providers? It is important not just to have, as the Explanatory Notes tell us, a requirement on the chief adjudicator to report to Parliament each year. We need a duty on the Secretary of State to take the information and ensure that the arrangements his department have in place are providing fair access for children all over the country, no matter what sort of school they go to.
Baroness Morris of Yardley
My Lords, I have a great deal of sympathy with the intention behind these amendments, but I have a few issues about the solution to the problem. I want to ask a particular question that the Minister might address in her response. In the past we assumed that very bright children will succeed despite school and that we should not put in a place a system where they could succeed because of their schooling. I am very much in favour of the proposal that all schools should try to meet the needs of all their students. I have often thought that the most able 2 per cent to 3 per cent of young people in this country have special educational needs in the broadest sense, and that they need to be supported. So I am entirely on board with the idea. I welcome the debate, and although I will have to look at the amendments more closely, raising the issue is a good thing and this should be a feature of our education system. We should ask schools to address the particular needs of this group of children just as we ask them to look after the less able.
I welcome what the mover of the amendment said in terms of not wanting to go back to selection, and I can see that the amendment is not about that. However, I think that there must be a more imaginative approach than creating what is essentially a high ability stream within a school. I am no great researcher, but I know that all the evidence shows that separating children in schools is not the best way of raising standards. With reference to the comments made by the noble Lord, Lord Lexden, work has been done about children working with those in the independent sector. I remember an innovative scheme that was set up under the Excellence in Cities programme in Manchester. Sixth-formers from state schools took an undergraduate module with students from Manchester University, or it could have been the Open University, I cannot quite recall. That was not an isolated scheme.
All I would encourage is more general thinking about how to provide for really able children who need to be pushed. What, in the first part of this century, can we do that has not been done before to raise standards? I would be much more interested in using new technology to set up master classes with the best in the world, even if they are located on the other side of the world. We should free this debate up in order to be more creative than we have been in the past, and therefore my question for the Minister is this: why did they abolish the Young, Gifted and Talented Programme? It was the one scheme that made every school in this country identify a number of students who were thought to be gifted and talented. It brought about cultural changes in schools; some schools had said, “We haven’t got any bright kids”, while others had said, “We’ve got too much on our plate with our struggling kids”, so there was a group of children whose needs were not being met. Over the years that the programme was in operation, we began to change the culture of every school in the country. It was not perfect, but it got on to the agenda in every school that the needs of the most able, by ability or aptitude, also have to be met. It was sad that the Government chose to abolish and destroy the programme, which would have been a good hook on which to continue the debate. I would not mind an explanation of why it was done and what will take its place.
Baroness Walmsley
My Lords, perhaps I can just warn against being too prescriptive. It is important that schools do this in a way that is most appropriate. I certainly join others in encouraging schools from different sectors to co-operate with each other, but I will give just one example of why I think this is so important. I have two grandsons, one of whom is brilliant in English and terrible at maths, while the other is terrible at English and brilliant in maths. They both came from the same gene pool. A child might be in a high-ability group for one subject but not for another, so we have to let schools take account of that.
Baroness Perry of Southwark
My Lords, I know that we are short of time, but I would like to interject that when we talk about giftedness, we are not just talking about academic ability. Schools should be urged to recognise that some children are immensely gifted with their hands, with technology, at sport, in music and so on.
Education Bill
Baroness Walmsley Excerpts(13 years, 5 months ago)
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Baroness Walmsley
“Personal, social, health and economic education in maintained schools
(1) In section 84 of EA 2002 (curriculum requirement for first, second and third key stages), in subsection (3), at the end insert “, and
(i) personal, social, health and economic education.”(2) In section 85 of EA 2002 (curriculum requirements for the fourth key stage), in subsection (4), at the end insert “, and
(d) personal, social, health and economic education.”(3) In section 74(1) of EIA 2006 (curriculum requirements for the fourth key stage) in subsection (4) of the new section 85 to EA 2002, at the end insert “, and
(d) personal, social, health and economic education.”(4) Before section 86 of EA 2002 (power to alter or remove requirements for fourth key stage) insert—
“85B Personal, social, health and economic education
(1) For the purposes of this Part, personal, social, health and economic education (“PSHE”) shall comprise—
(a) education about alcohol, tobacco and other drugs,(b) education about emotional health and well-being, (c) sex and relationships education,(d) education about nutrition and physical activity,(e) education about personal finance,(f) education about individual safety, and(g) careers, business and economic education.(2) The Secretary of State may by order amend subsection (1).
(3) The National Curriculum for England is not required to specify attainment targets or assessment arrangements for PSHE (and section 84(1) has effect accordingly).
(4) It is the duty of the governing body and head teacher of any school in which PSHE is provided in pursuance of this Part to secure that the principles set out in subsections (5) to (7) are complied with.
(5) The first principle is that information presented in the course of providing PSHE should be accurate and balanced.
(6) The second principle is that PSHE should be taught in a way that—
(a) is appropriate to the ages of the pupils concerned and to their religious and cultural backgrounds, and(b) reflects a reasonable range of religious, cultural and other perspectives.(7) The third principle is that PSHE should be taught in a way that—
(a) endeavours to promote equality,(b) encourages acceptance of diversity, and(c) emphasises the importance of both rights and responsibilities.(8) Subsections (4) to (7) are not to be read as preventing the governing body or head teacher of a school within subsection (9) from causing or allowing PSHE to be taught in a way that reflects the school’s religious character.
(9) A school is within this subsection if it is designated as a school having a religious character by an order made by the Secretary of State under section 69(3) of the School Standards and Framework Act 1998 (duty to secure due provision of religious education).
(10) This section is not to be read as requiring the PSHE curriculum for pupils in the first key stage to include paragraphs (a), (c), (e) and (g) of subsection (1).
(11) In exercising their functions under this Part so far as relating to PSHE, a local authority, governing body or head teacher shall have regard to any guidance issued from time to time by the Secretary of State.”
Baroness Walmsley
My Lords, I rise to move Amendment 88 and to speak to Amendments 89 and 90 in my name. They are copied, with some small changes, from three clauses in the Children Schools and Families Bill 2010, which were dropped from the Bill before it became an Act. As I said when the deletion was debated on the 7 April 2010, these clauses would have,
“given children the high quality PSHE for which they have long asked, which they deserve and to which they have a right under the UN Convention on the Rights of the Child”.—[Official Report, 7/4/10; col. 1578.]
Noble Lords may recall the great distress of many of us when these provisions were dropped. They had been well thought out, had been consulted upon widely and had broad support. After they had been deleted from the Bill, a number of organisations, including the Youth Parliament, signed a statement making it clear that they would not give up the fight. Many of your Lordships, including the noble Baronesses, Lady Gould and Lady Massey, vowed to do the same on behalf of young people. This is not a party matter. It is a matter of strong principle and belief and I approach it in that spirit.
These amendments make PSHE part of the foundation curriculum in all schools receiving funding from the state, including the rapidly increasing number of academies, for children throughout the age range. The courses must adhere to certain important principles; that is, the information must be accurate and balanced, appropriate to the age, religion and cultural background of the children, promote equality, accept diversity and emphasise the importance of rights and responsibilities. Who could argue with that? These matters can be taught in a way that reflects the school's religious character. Guidance will secure that children learn about the nature of various adult relationships and their role in the bringing up of children, where we know that stable relationships are important.
In these amendments I have made two changes from the original, which I hope will have the effect of attracting wider support for the measure in this revised form. I have removed the clause that would have removed the parent's right to withdraw their child. Frankly, not many parents use it and I do not see why that should get in the way of the majority of children getting better PSHE education. The other thing I have done is to take four elements of the curriculum and make them voluntary for children at Key Stage 1. They are drugs, alcohol and tobacco education, sex and relationship education, personal finance education and careers and business education. Many schools will feel they want to include these elements, in an age-appropriate way, for younger children, and they are free to do that. However, I feel we can leave that to their judgment.
The reason I wish to make PSHE compulsory in all schools is to ensure that all children receive it and to give parents more confidence in it by improving the quality of delivery. This would be done by improving teacher training, assessment and inspection if the subject was taken more seriously by schools and by Ofsted. Many children tell us that the quality of the PSHE they receive is poor and that it does not equip them for their future lives. A survey of 800 young people carried out by the National Children's Bureau found that nearly half felt they had not learnt all they needed to know about HIV. This can be life-saving knowledge and must be taught in a social context, not just teaching the bare scientific facts in a biology lesson. I understand that the report on this matter by the committee of the noble Lord, Lord Fowler, to be published shortly, will strongly support my position on this.
I strongly believe that the job of schools is to help young people become life-ready, not just job-ready or higher education-ready. Children may not go on to get first-class degrees but they will all have families, relationships, friends, personal finances, responsibility for their own health and safety, personal money and jobs. Good PSHE supports all these things. Just as importantly, PSHE also supports academic learning and develops the capabilities that young people need to flourish in life and in work. Once they leave school, no one else will do this, so it is vital.
There are other reasons. Children, young people and their parents want PSHE; many surveys have shown that. It promotes their health, well-being and personal safety. Goodness knows, they live in a world where safety is often threatened and there are many threats to good health. PSHE also helps the school to promote the social, moral, cultural and spiritual development of its pupils and links up well with RE, as well as with arts and cultural education.
I see that the amendment in the name of the noble Baroness, Lady Massey, tries to achieve much the same thing, and I congratulate her on her tenacity in this regard. The amendment of the noble Baroness, Lady Finlay, also has merit but the matters about which she is concerned could easily be taught in the health part of PSHE.
The White Paper that preceded the Bill recognised that children can benefit enormously from high-quality PSHE. That was a most welcome statement. Since then, the Government have announced an independent review of the curriculum where PSHE is not included in the remit of the expert panel. I would like to ask the Minister how the Secretary of State would respond if the expert panel reported that it felt that PSHE should be part of the national curriculum. Would he accept its recommendation? It is a widely held view among teachers that all children should receive this education, and many members of the expert panel are teachers.
At the same time, the Government have announced an internal review of PSHE—or at least I believe they will soon. Why have these two reviews been separated? Have decisions already been made about the fate of PSHE? In the light of the enormous body of opinion that PSHE is a vital element of the education of every child, why have the Government not seen fit to include it in the remit of their independent advisers? When the internal review concludes, as it most certainly will, that the quality of PSHE is terribly patchy and many children are being let down, what do the Government plan to do about it? Will they grasp the nettle and put this subject where it belongs, in the core compulsory part of the curriculum, and fulfil the right of every child? I beg to move.
Baroness Massey of Darwen
My Lords, I congratulate the noble Baroness, Lady Walmsley, on her rowing exploits today—even though I understand that we lost—and on her speech, as well as on providing more or less a whole PSHE syllabus in her amendment. I agree that this is not a single-party, but an all-party, issue and always has been. All parties have spoken on this, including from the Bishops’ Bench, with some support for her amendment. My Amendment 98, as the noble Baroness says, is fairly similar, but I want to tweak it a bit. I will say why in a minute.
Like the noble Baroness, I ask the Minister yet again about the details of the internal review. With the delay of the review we are sending the message to teachers, parents and pupils that this is not important. The review was announced eight months ago yet we still do not know what is happening with it. We ought to know.
We know enough about the subject area of PSHE to be able to do a quick review of it. We should not be denying young people access to the information and skills that they need to be human beings and to have knowledge about their own bodies. Supported by information and skills, they will learn about this.
We know that young people want PSHE on the curriculum and that parents support it. Only something like 0.2 per cent of parents ever withdraw their children from anything related to it. We know from surveys that many young people learn about, for example—
Baroness Walmsley
I think the answer is that a school does; and it would be held to account for that by Ofsted and by individual parents. If individual parents did not like what was going on, they would retain the right to withdraw their child. Of course, in all the best schools parents are involved anyway in the design of the curriculum covering sensitive issues like this.
Lord McAvoy
I am delighted to hear the noble Baroness say that she supports the rights of parents. If parents send their children to a particular school, she will obviously support them in that, and she will also support them in ensuring that the ethos of that school is maintained, especially one of a religious nature.
When it comes to the new section in Amendment 90, the difficulty is that I maintain—I will no doubt encourage further contributions with this—that the common threads of the amendments are designed to minimise, damage and gradually remove the religious element of faith schools.
Lord McAvoy
That is the second time that my noble friend has accused me of misunderstanding her. I fully confess that I have a very limited formal education but I do not have limited intelligence, and it is my responsibility to make a judgment that I see a thread in maybe one or two contributions from my noble friend, seeing as how she has introduced this subject. It is my opinion that there is a common thread to the amendments of the noble Baroness, Lady Walmsley, and my noble friend that are designed to—I withdraw the word “damage”—minimise or devalue the existence and practice of faith schools.
Baroness Walmsley
I am sorry to interrupt the noble Lord again, but could he please be specific about what it is in my amendments that seeks to devalue faith schools?
Baroness Walmsley
I thank all noble Lords who have taken part in the debate, especially my noble friend the Minister. He may have disappointed me, but he has not surprised me. Perhaps I may make a few points to follow up on what noble Lords have said. First, I turn to the Minister’s response. The noble Lord, Lord Knight, achieved a very wide consensus, and that is why I took the three clauses from the Bill that was lost before the general election. The reason I took them as the basis for my amendments is the wide consensus that they had achieved among people who run schools of all faiths. I felt that those clauses struck the right balance.
My noble friend says that he does not want to be prescriptive about what should be taught. I do not think that my amendments are prescriptive. They talk about areas that should be taught, but they certainly do not set out programmes of work which, personally, I think should be quite spare and leave a great deal to the discretion and professionalism of teachers. However, we are prescriptive in other subjects. Before long, when the review of the national curriculum reaches its conclusions, there will be prescription about what children should be taught in physics, English, geography and all the rest. We are going to get that, so why not PSHE, too, which is so fundamentally important?
I would say to the noble Baroness, Lady Turner of Camden, that I understand where she is coming from in her comments but, as I have just said, these amendments came from her own Government’s Bill which, before the general election, she supported. What we have to do is get the balance right between the principles I have laid down in my amendments—I think most people would agree with them—and the rights of parents to send their children to schools in the faith that they themselves uphold, and for those schools to teach PSHE in the light of their own faith. I do not see anything wrong with that.
I was quite disappointed that the noble Baroness, Lady O’Cathain, could not support me. In order to address the issues that she and others of her opinion expressed when we discussed this matter before the general election, I made modifications to the clauses. I absolutely deny that five year-olds are taught the details of human sex. They are not. But it was in order to take account of some people’s fear that they might be taught in that way that I made that area and one or two other areas of the curriculum I am proposing voluntary. Schools can do this in an age-appropriate way, as set out in the amendments, but if they do not want to do it, they do not have to.
Baroness O'Cathain
I thank the noble Baroness for giving way. The point I am making—I am finding it hard to speak because I am not very well—is that at the moment there is legislation which states that sex education cannot be provided for five to seven year-olds, but these amendments would repeal that. That is what I have been informed. If I am wrong, I apologise, but that is the basis of my objection.
Baroness Walmsley
I accept what the noble Baroness has heard, but it is not my understanding that that is the case. However, I am sure that we can look at it outside the Committee.
What I am really saying is that we want children to be learning-ready. PSHE is not an extra subject that I am trying to put into the curriculum. I agree absolutely with the Minister that we need to slim the curriculum down. However, PSHE is not any old subject; it is a fundamental underpinning. None of us ladies would go around without foundation garments because they make our fashions look better on the outside. It is really important that children have the skills and understanding that enable them to benefit from all the other subjects that we decide that they must learn—the core ones they must learn or the additional ones that they may take.
I understand where the noble Lord, Lord Sutherland, is coming from. I would not want to load the curriculum with a lot of extra subjects, but he did make the point that we do not do this very well. That is exactly why I would like to make PSHE statutory. People would then train as specialists. As the noble Lord rightly said, without training, some of these areas are difficult to teach. I myself was thrown in at the deep end—many teachers are. I would certainly have benefited from training but, if that were a statutory part of the national curriculum, Ofsted would have to inspect it at every school level.
I am grateful to the right reverend Prelate the Bishop of Chester for raising the subject of parenthood. As far as I am concerned, that would come into the relationships and sex part of PSHE. Parents have relationships between each other and with their children. It is particularly their relationship with their children that would be important there. I absolutely agree with the noble Lord, Lord Northbourne, and his passion for getting young people taught some parenting skills. That is very important.
Finally, on the voting record of the noble Lord, Lord McAvoy, I am quite sure that he would want to support my amendments. I reassure him that what he seeks would not be precluded by my three amendments in any way whatever.
Baroness Walmsley
I am most grateful to the noble Lord. That is a good point on which to beg leave to withdraw the amendment.
Children: Parenting
Baroness Walmsley Excerpts(13 years, 5 months ago)
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Lord Hill of Oareford
I am grateful to the noble Baroness for the points that she makes, and I listen to her experience very carefully. The evidence that the department has had about later life is there, but I am not saying that to disagree with the point that what one wants ideally is a mix. That is why the PSHE review will take the views of children into account. We want to ensure that we learn those kinds of lessons and have the best possible PSHE that deals with those points.
Baroness Walmsley
My Lords, the Graham Allen report made clear the vital importance of the first few months, certainly up to three years, of a child’s life in brain development, personality development and so on. In the light of that, will the Minister accept that parenting education is needed before the parents are parents—that is, at school?
Lord Hill of Oareford
As I said in my earlier reply, my honourable friend Sarah Teather will respond in her early years foundation statement to the important points that have been raised. We will look at precisely these points and respond to Allen.
Education Bill
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Baroness Walmsley
Baroness Walmsley
I shall speak also to Amendment 78B. Clause 18 abolishes the School Support Staff Negotiating Body. These amendments together amount to a commencement clause of in the region of 15 months by the time the Bill goes through Parliament. This body was in the process of negotiating agreements on pay, grading, working time and conditions of service for school support staff, but the staff of the body, who were seconded, have already stopped and gone on to other things. I shall make three brief points about this.
First, roles in schools have changed immeasurably with a greater number of support staff taking on a wider range of more complex responsibilities, so the picture of the employees who work in school, other than the teachers, is becoming more complex by the year. Therefore, there was an important job for the SSSNB to do. Secondly, it was not opposed by any party when it was introduced by the Labour Government in the ASCL Act 2009. It was doing a good and useful job. Thirdly, the Secretary of State has suggested that in place of the SSSNB, employers and unions should enter into voluntary agreements, but this may not deliver fairness, consistency and transparency akin to that enjoyed by teachers, who are, of course, subject to the School Teachers’ Review Body. I am proposing that we delay abolition by about 18 months so that the organisation can complete the role profiles and pass them to the local government employers. This would assist employers in coming to fair agreements about terms and conditions with school support staff, and it would be consistent with the requirement to have fairness, consistency and transparency in the system, which is bang on when it come to the coalition agreement.
The staff who were doing this job are still around and are doing other jobs, so it would be very easy for the Government to ask them to come back and finish that part of the job. After that, the organisation could be abolished, leaving employers with a very useful tool with which to go forward with their future negotiations. I beg to move.
Lord Griffiths of Burry Port
With the change in role and the scope of responsibility being exercised by the local authority being radically revised, it will not be the same local authority that we will have to deal with and to which we will have to look. Where I live, we now have other bodies providing what has been provided in the past. Consequently, it is not just a return to the status quo. If this Bill goes through, the status quo is no more. In fact, it is not a status quo at all.
Baroness Walmsley
My Lords, I am most grateful to all noble Lords who have taken part in the debate and to the Minister for his assurance that, as he understands it, a lot of this important work will continue. In the interest of making progress, I did not express my appreciation for the work done by support staff in schools but I certainly feel exactly that.
As the noble Baroness, Lady Perry, said, this is not about the good work that is done by the school support staff. It is all about their terms and conditions and the way in which that is negotiated. I had felt that allowing the organisation to continue and to finish some of its work would prove to be useful to employers. I, too, am very keen on flexibility and autonomy locally. I must admit I had not realised that the ASCL Act did not allow employers to take on board the relevant information. That is a pity as it reduces their flexibility. I accept what the Government have said. I hope that the work goes forward without a lot of equal pay cases being brought because I hope that there will be no need for them. I beg leave to withdraw the amendment.
Baroness Howe of Idlicote
My Lords, briefly, I support the broad thrust of my noble friend's amendments because this is quite clearly an important stage of children's development. We have just had the second Frank Field report The Foundation Years: Preventing Poor Children Becoming Poor Adults, where again he emphasises that:
“The strategy should include a commitment that all disadvantaged children should have access to affordable full-time, graduate-led childcare from age two”.
I relate that also to the encouragement that the Government are, in my view, rightly making to encourage single parents and parents who have not been in work before to get into work—an additional need.
I of course accept that the exact number of hours may not be a possibility, but this is nevertheless an important area. It takes me back so many years to the beginning of nursery education. I always think of the noble Baroness, Lady Thatcher, who was very unkindly known always as “Mrs Thatcher, milk snatcher” when she was in fact responsible, much more importantly, for the abolition of the Act that stopped local authorities opening nursery schools and classes. I remember being one of a group going to lobby her about that, all those years ago, but even in those pre-school playgroup days there was that argument about the extent to which people ought to train and be trained. I was not always entirely on the side of the belief that everyone should be trained. You were learning so much within the process, with the help of experts in this field, that many of that generation went on to be very involved in dealing in their children's education.
I make that as a background comment in view of the enthusiasms of all these people who have been commissioned. There is Frank Field, Graham Allen, who is doing yet another report, and I have forgotten the name of the woman—
Baroness Howe of Idlicote
Yes. We will be seeing an update of this going on the whole time and, to my mind, it could not be a more important age group or area so I hope that the spirit of what my noble friend's amendment stresses will be very much borne in mind.
Baroness Walmsley
My Lords, I would like to make very brief comments as I intend to say more about the curriculum when we come to Amendments 86 and 88. This amendment in the name of the noble Baroness, Lady Massey, is very non-prescriptive. That should recommend it to the Government. I absolutely agree with her about the importance of balance and particularly about the importance of the arts. Only the other day, I heard of a school that had had its academic results transformed through its participation in the In Harmony music programme. Such participation supports other kinds of learning.
The Secretary of State is very keen on the education system in Singapore. I have been looking at the curriculum in Singapore. The Committee might be interested to know that right at the heart of the curriculum design in Singapore are core values and life skills. Therefore, the comments of the noble Baroness, Lady Massey, about life skills are demonstrated in the highly effective education system in Singapore. I think the noble Baroness would be reassured if she read, as I have, the remit of the expert group advising the Secretary of State on the curriculum review because it allows it to come to conclusions about the national curriculum which perhaps she and I would welcome. I hope it does that.
When we are looking at the curriculum, we have to bear it in mind that the national curriculum does not take up 100 per cent of children’s time in schools. It is up to the school to design the school curriculum, and part of it is prescribed and part of it is not. This leads me to say something about teacher training. Unless we have highly trained teachers who understand pedagogy and the reasons why they do what they do and have deep subject knowledge, they are not going to be in a position to design a school curriculum which provides children with everything that they will need in their future lives and careers. The professionalism of teachers is an issue that we need to bear in mind when we are talking about the curriculum. We must not forget that it is not just the national curriculum. It is up to schools, teachers and heads to design the rest of the curriculum that they deliver to their children. It must be appropriate to the needs of their children. They cannot do that without good quality training.
Lord Sutherland of Houndwood
My Lords, I thoroughly support the idea of balance in schools and education, but there is a difference between a balanced education and an attempt to produce a balanced curriculum. I agree with the idea of a national curriculum. It was a very important innovation and has had very positive results over the years. However, this is tempered by my experience of sitting in and watching my good friend Ron Dearing, as he was then, trying to chair a meeting of the national curriculum advisory group. It was basically a Mecca for every lobbyist in the business. In addition to the topics we have listed here, which come after literacy, numeracy, understanding of science and exposure to languages and before the ones that are not mentioned: parental education, financial education—many of us would think that important—and emergency life skills, which we are going to see proposed as part of an essential curriculum. This is a road to indigestion and madness. It will not work in that form. A national curriculum, yes, and it has to be a core curriculum but if core subjects are inevitably boring—I say this with all respect to my colleague and noble friend Lord Knight—we might as well give up now. If teachers cannot teach core subjects in a useful, good and stimulating way, we have really failed the children in our schools.
What do I suggest? I suggest a fairly minimal prescription both in terms of core and time. There is no need to spend 100 per cent of the time on what some have said to be core subjects. This allows room for the professionalism of teachers and all that that implies, which we have re-emphasised time and again this afternoon. Time and again we have said that we respect teachers, so they must be given room to develop the teaching of their subject. If it were my national curriculum, I would have the writings of David Hume and Fyodor Dostoevsky required for everyone over the age of 16, but I think some noble Lords would want to draw the line. If you taught those well, you could do most of this.
I suggest that we go for a balanced education with a minimum core. The worry is that they do not produce a balanced education. Judgment is increasingly a matter for the department and for Ofsted. They should make assessments on the quality of the education in terms of balance, expertise and how stimulating it is. I fear that I cannot support this amendment.
Lord Willis of Knaresborough
My Lords, I have made the case that technology is crucial in supporting the curriculum today and not simply an added extra. I hope that the Minister can give the Committee a clear undertaking that his Government are not luddites, that they are looking at the use of technology, that they are prepared to support its use across the curriculum and that schools will be required to say how and where they are using that technology. This is not a matter of spending a fortune on ICT within our schools. Like many noble Lords, I get quite irritated going into schools to be taken into a room with 20 or 30 wonderful new computers and have people tell me that that is what they are doing for ICT. It is not the computers; it is what you do with them. There are very simple devices, certainly costing less than £200, that can give all the capacity needed to deliver so much of the curriculum as it exists.
If having ICT in school and using technology in school effectively are important in delivering a 21st century curriculum, it is also crucial for children to be able to access the curriculum from home and for them and their parents to be able to communicate with school from home. Amendment 107C states that it is vital that children have 24/7 access in order to be able to complete their national curriculum work, complete their homework and be able to access a broader general education. The Minister’s response to a Question in Hansard about the number of children unable to access the internet at home is therefore quite disappointing. The Minister’s answer is:
“The Department for Education estimates that around 15 per cent of households with children currently lack access to the internet … Take up of internet access remains strongly correlated with household income with only 68 per cent of households with children eligible for free school meals having access to the internet at home”.—[Official Report, 07/07/11; col. WA 110.]
That means that 32 per cent of children eligible for free school meals do not have the internet at home. Can you imagine the difference in opportunity that that denies them compared with those children who have good access, live in homes with a computer in the bedroom and are in schools that can set them homework and projects where they can access all the sorts of learning materials that are essential to 21st century education?
If you look at the IFS study 18 months ago, right across Britain the poorest areas have the least access to the internet. The 32 per cent figure is not across the board. If you go to the north-east, you find that 41 per cent of homes do not have access to the internet. The figure is 36 per cent in Scotland and 31 per cent in Yorkshire and Humber. Some 27 per cent of our poorest households do not have access to the internet at all. According to the IFS study, the correlation between qualifications and use of the internet is equally stark. Some 55 per cent of individuals with no qualifications at all have never used the internet and do not have access to it. That is a shocking statistic if we are talking about a level playing field for learning.
Amendment 107C simply asks the Government to ensure that,
“all secondary age pupils in maintained schools or Academies who are eligible for free school meals, in receipt of the ‘pupil premium’, ‘looked after’ by a local authority”,
and who are the poorest and most disadvantaged on current measures, should have access to the internet at home and at school. I hope that the Minister will accept that amendment. It is something which his Government—I am sorry, I should have said our Government; you get so used to being in opposition in the other place—should feel proud to deliver. At the end of this historic period of coalition government, any Government would be proud to say, “No child living in poverty in this country is denied access to the curriculum because they do not have broadband and do not have a computer at home”. In saying that, I declare an interest as chairman of the e-Learning Foundation.
Baroness Walmsley
My Lords, I have my name to one of these amendments and should have it to the other one as well. I absolutely support what my noble friend has said. In relation to the first amendment in the group, if such a report were made by government, could the Minister look into the technology centres that are closing in a number of local authorities? They are centres of excellence and expertise and are of enormous value to schools that are trying to make the best use of technology not just for children who need assistive technology—that is a very important group—but for every child. Unfortunately, a lot of them are closing. That means that not only is the expertise going but the actual knowledge that helps schools to buy cost-effective equipment and have the technical support they need to ensure that the equipment works properly all the time. I would like to see that issue included in the report.
Amendment 107C concerns a subject which I am pleased to say my party will be discussing at our party conference in September. If the Government are set on reducing inequality and the achievement gap, making sure that every child from a deprived family has access to a computer and broadband is something that we should be prioritising. It is not a luxury. It is a tool for education and in this modern world it is an absolutely essential tool. It is very important for every child, not just, as my noble friend has said in his amendment, those from secondary age upwards, but going downwards as well. Knowing the sorts of deals that government can do with equipment suppliers and with the telecoms companies, I do not think that that would be anywhere near as expensive as it might at first seem given that you would be buying things in bulk. Not so long ago, there was talk of providing children with little laptops for £50. I reckon that you could probably get very basic ones for less than that now. Broadband should be able to be provided very cost effectively given the quantity that government would be interested in. This is an important measure. It is achievable and is absolutely in line with the coalition agreement and this Government’s stated aims in regard to education.
Baroness Garden of Frognal
My Lords, I beg to move that the debate on Amendment 83ZA be adjourned.
Education Bill
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Baroness Howarth of Breckland
I had hoped to support the noble Lord, Lord Phillips of Sudbury, but I am not sure whether he is going to speak now or later. I shall add to what the noble Lord, Lord Knight, said because I, too, believe that this is a question of process rather than of principle. I have talked to the Minister about this before. If we could get the issues dealt with quickly, then we would be able to avoid having to have this kind of clause. I speak as someone who has not only dealt with many victims of abuse—I want to come on to that issue in a moment—but has also supported members of the social work profession who have been faced by unproven, unsubstantiated and quite serious allegations. Having been a director in a child abuse case, I understand all the shock and pain that brings when it happens. It is the same sort of emotion that you feel about not being responsible for what you are being accused of. It is a terrible time for the individual and their family, but if we can get this process speeded up, that pain will be lessened, and we can get on with it.
I agree with the noble Lord who pointed out that we should not deal with the principle in a different way because we have a process problem. The principle must surely be that when an allegation has been made, it must be transparently investigated. I say this because not only have I dealt with people who have been falsely accused, but I have dealt with more young people than most people in this room who have been abused and who have had to face the process themselves. It is a terrible time for the young people when there are delays because they are faced with having to keep their evidence in their mind, they are going to be cross-examined in disciplinary proceedings and if it goes further than that, they are going to find themselves in court. That is another reason for the process to be speeded up.
However, I think the legislation as it stands at the moment is unworkable. I say this because, particularly if you have a situation where there is residential care alongside education—and I declare an interest as a patron of Livability which has a number of schools with both on the premises—what if you have two people accused at the same time? Will one of them find themselves free from publicity and the other one be thrown to the wolves and to the press? Unless the Government think that through, we will have a series of totally untenable situations. I think it is especially difficult in the present climate to talk about not having transparency in these situations when the Government are allowing the press into the family justice system. There are very strong feelings among families that find themselves and their situation in the press, albeit anonymously, when they find that the teacher who they think has harmed their child is protected. We have all sorts of muddled principles developing.
If this legislation is passed, it will weaken safeguarding. One of the things I know from many situations involving young people is that when one speaks out, it gives a voice to others. We know that an individual child’s voice in a court or in disciplinary proceedings is a very small voice. We know that when other young people come forward because one person has been brave enough to do so, you have much more hope of getting your case together. Even then, those of us who work with young people before the court as victims know that you are very unlikely to get a conviction without a great deal of effort and support. You have much more hope of doing so if you have a number of young people. To those people who say that groups of children come forward to make these allegations, research will tell you that there are very few situations where a group of children comes forward and they all tell exactly the same story that cannot be seen through. The lawyers among us will know that. If you talk to children and young people, as I have done, if they are making up a fairy story, you get it in one. If they tell you the story is the true story, then it follows through.
Like the noble Lord, Lord Knight, I am concerned because it is very difficult for people who are faced with these allegations, but the unforeseen consequences of not making them transparent are huge, and I think we should continue to make sure that our children’s needs are paramount, not the adult’s needs.
Baroness Walmsley
My Lords, I normally find myself 100 per cent in agreement with the noble Baroness, Lady Howarth of Breckland. However, picking up the last point that she made, I am comforted by the fact that the legislation makes it possible for the police to apply to a court for the restriction to be set aside if they feel that publicising the name of the accused person will enable them better to make their case by encouraging other abused children to come forward. I trust the wisdom of the court in that situation.
As regards school staff, my noble friend Lord Storey has just pointed out to me that certain highly-qualified teaching support staff are allowed to be fully in charge of a class without a teacher being present for up to two days, so they are in exactly the same position as teachers. All these issues make it all the more important that the Government consider our Amendment 75A, which asks them to have another look at this measure a couple of years after it has been introduced to ensure that it is not protecting abusers or allowing the names of innocent people who have had allegations made against them to be dragged through the dirt in the press. I am sure that that is sufficient time to enable the Government to make a sensible decision about whether the measure goes too far or does not go far enough.
Lord Phillips of Sudbury
My Lords, I was going to keep my powder dry until the next group of amendments. However, I have a problem with Amendment 75A in that it seems to me to involve a one-way inquiry. If it were a case of the Secretary of State having to report to the Houses of Parliament on reporting restrictions, whether they be good or bad, effective or ineffective, I would be wholly behind it. However, it is a one-way ratchet; the Secretary of State can report only on whether to extend the restrictions.
Baroness Howarth of Breckland
My Lords, I shall speak extremely briefly as the noble Lord, Lord Black, has made a number of the points that I was going to make. I wish to make three points. First, given the debate that took place in the Commons, I seek reassurance that parents and children who share information between themselves will not fall foul of the provision regarding publication. That provision has dangers attached to it but also strengths because, if this legislation is passed, they will be able to share information and ascertain whether other children have been involved. That is crucial.
Secondly, I suspect that the Minister may say that as regards new Section 141F(5) and the protection of the person who is the subject of the allegation, the children concerned may be covered by the “interests of justice” provision. However, that needs to be made explicit because it will not be understood that the children are protected in the interests of justice when the Bill makes special mention of,
“the person who is the subject of the allegation”.
That is a serious flaw and goes against all the legislation put on the statute book from the Children Act 1989, which was introduced by the Conservatives and made children’s rights paramount, right through to the subsequent legislation introduced by the previous Government.
Thirdly, even if parents wanted to go to court, the present state of legal aid means that they would have no support through the legal aid system to enable them to put their case. Therefore, they are even less likely to do so than might have been the case previously, difficult as such a process is. I support the sensible amendments in the name of the noble Lord, Lord Phillips of Sudbury, and the arguments put forward by the noble Lord, Lord Black.
Baroness Walmsley
My Lords, I hope that my noble friend the Minister accepts that my noble friends are trying to help the Government produce a good piece of legislation and that he will consider the very thoughtful case made by my noble friend Lord Phillips. In an earlier debate, I said that I was somewhat comforted by the possibility that the police would be able to apply to the court for the restriction to be lifted. However, I take the point that my noble friend Lord Phillips and the noble Baroness, Lady Howarth, have made that the last few words of new Section 141F(5) skew the position of the court in the direction of the alleged perpetrator and not of the child. Personally, I think it would be a very good idea to take that out.
I am also very convinced by my noble friend's argument about inserting his proposed new paragraph (b)—in Amendment 73HH—into subsection (10) of proposed new Section 141F, so that the restriction could be lifted once the person has resigned or been sacked. I have had a great deal of evidence sent to me by campaigners against child abuse particularly, it has to be said, in relation to independent boarding schools, where of course the opportunities are greater. Very often, however, what my noble friend said is absolutely right: it does happen that it is in the school’s interest to sweep it under the carpet and quietly say, “You go away and resign and we will say no more about it”, because these schools are financial organisations and they will lose money if things get about that dreadful things have happened there.
We really have to be very careful if we are to pass legislation that might encourage that situation or protect those people because I am told that what happens is, yes, they go away from that school but they pop up somewhere else and carry on. I am sure that my noble friend the Minister is most concerned about safeguarding children and, secondly, concerned about innocent teachers who might have allegations maliciously made against them. We somehow have to find the right balance between those two things.
I would say one more thing about what the noble Lord, Lord Black, said. The Human Rights Act asks us to draw a balance between the rights of free speech and the right to privacy of the individual. We have to bear in mind that it is not all in the direction of free speech. The Act talks about the rights to privacy for the individual as well and there, again, we have to create the correct balance.
Baroness Howe of Idlicote
My Lords, when I spoke a little earlier, I was trying to say that I was sad that the two groupings had not been moulded together because it was very important to hear what the noble Lord, Lord Phillips, had to say before the Minister has the duty to reply. He now has that advantage but I was also impressed by what the noble Lord, Lord Knight, said previously about his own experience of looking at a similar approach to that which the Government are thinking about. In the end, for a number of reasons, they did not go down that path.
We have heard today of the disadvantage that it would be to some groups, if not to others, to say nothing of this sort of behaviour spreading around the country without anyone knowing what would happen if allegations are true and proved. I am afraid that we have had too many instances in the past of things coming to light much later on. We also know the damage that has been done to so many young people as they grow up. I very much look forward to what the Minister has to say because I hope that Members, obviously not just in this House but in the other House, will read carefully what has been said during this debate because it should have considerable influence, along with what the Minister will say to his colleagues in the other place.
Lord Hill of Oareford
I will have a go, and if I need to follow up subsequently, I will. We have made it clear that an offence is committed not only when somebody publishes an article or broadcasts a programme in the traditional media, but when somebody posts an allegation on the internet, even anonymously. I recognise, as the noble Lord pointed out, some of the practical challenges posed by investigating the source of allegations on the internet, with which we are all familiar: but that is the intent. It will not affect private conversations, including via e-mail or text. However, where such communications constitute a publication—this is the definition in the clause, which I am sure we can have some fun with—by being addressed to the public at large, or to any section of the public, we propose that reporting restrictions will apply.
Baroness Walmsley
Will a private letter from the parent of one child to the parent of another child in the class be regarded as a publication, or will that be private?