Ethnicity Pay Gap

Baroness Whitaker Excerpts

Thursday 25th April 2024 Lords Chamber

[Baroness Barran (Con)]

The Government agree that it is worth while but not that it should be mandatory. We have developed clear guidance for employers and are seeking case studies from employers monitoring ethnicity pay data—but also, crucially, their diagnosis of any gaps and their action plan to address those gaps—so that other employers can benefit from their experience.

[Baroness Whitaker (Lab)]

My Lords, one of the ethnicity pay gaps is the difference in income that arises from art awards. Will the Minister join me in congratulating Delaine Le Bas, who has just been put on the Turner Prize shortlist for her art deriving from her Romani heritage, as well as the other distinguished members of the shortlist from minority-ethnic backgrounds?

[Baroness Barran (Con)]

I am delighted to celebrate with the noble Baroness.

Schools: Admissions

Baroness Whitaker Excerpts

Monday 17th July 2023 Lords Chamber

[Baroness Barran (Con)]

As I tried to set out in my initial Answer, we believe that all children have equal access. Only when a school is oversubscribed can the admissions authority introduce additional restrictions. Indeed, many faith schools do not restrict on the basis of faith.

[Baroness Whitaker (Lab)]

How does the Minister respond to these remarks from a parent in Oldham who told Humanists UK that

“the 2021 Census found that those of no religion, and those of other faiths than Christianity, now form a majority of the population in our town. So it is a great injustice that one of the best schools in Oldham actively prevents local children from benefiting from its excellent teaching”?

[Baroness Barran (Con)]

If there is a specific example where the noble Baroness believes that the admissions code is not being followed by a school, I will be delighted for her to refer it to me.

Unregistered Schools

Baroness Whitaker Excerpts

Wednesday 5th July 2023 Lords Chamber

[Baroness Barran (Con)]

The noble Lord raises a number of important points, and I think he would agree with me that the vast majority of religious schools deliver a safe and very valued service to the children and families they work with. But of course he is right that there will be safeguarding exceptions in every setting and every community, and we are determined to address those when legislative time allows.

[Baroness Whitaker (Lab)]

My Lords, I add to the plea for urgency by drawing attention to recent media coverage of former pupils from such settings. Some did not speak any English at school and others had no English, maths or science taught to them, only a very narrow religious curriculum. It is very important to rescue those children; surely they deserve an urgent response from the Government.

[Baroness Barran (Con)]

The Government need to strike a very delicate balance. I think we in this House would all agree that parents are ultimately responsible for ensuring that their children get a good education. Local authorities already have significant powers to check the quality of that education, and we are working closely with them and with parents, updating our guidance in this area, because we are all committed to making sure that every child has a safe and suitable education.

Free Music Education

Baroness Whitaker Excerpts

Monday 12th June 2023 Lords Chamber

[Baroness Whitaker (Lab)]

Did the Minister take note of the report some years ago by Darren Henley, which gave evidence that music education opens a door to all other kinds of learning? Should not all children have this benefit?

[Baroness Barran (Con)]

I completely agree, which is why all children do have this benefit and why music education is part of the national curriculum from key stages 1 to 3.

Schools: “Ghost Children”

Baroness Whitaker Excerpts

Tuesday 2nd May 2023 Lords Chamber

[Baroness Barran (Con)]

I thank my noble friend for his work in this area and I agree with him that very often persistent absence will not be the only issue that is going on in a family; therefore, the nature of family hubs is ideal to address this. The department has commissioned a team of 10 expert attendance advisers who are working with every local authority and with multi-academy trusts to help address issues of persistent absence. As part of that support, those advisers strongly recommend and encourage engagement with family hubs.

[Baroness Whitaker (Lab)]

My Lords, following the question from and answer to the Liberal Democrat Benches, the Secretary of State very helpfully replied to a letter signed by Peers all around the House saying that she would like to find the time to create a local authority register. When is that time going to be? Quite apart from home-educated children, where, as the Minister says, standards of education vary from good to non-existent, there are a large number of excluded children who make very good targets for recruitment into gangs and other criminal activities.

[Baroness Barran (Con)]

As I said, we would need primary legislation to bring in statutory registers; until a legislative opportunity is available, we will work very hard to make the voluntary registers work. There are very high rates of return from local authorities—over 90% of them are returning their data on a voluntary basis.

Schools Bill [HL]

Baroness Whitaker Excerpts

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

[Lord Blunkett (Lab)]

I support the noble and right reverend Lord, Lord Harries, and declare my interest as the honorary president of the Association for Citizenship Teaching—and I put on record that I will adhere to normal sartorial values on Wednesday.

I will speak very briefly, because there is still a long way to go this evening, in support of the amendment. It follows on from the Ties that Bind recommendations of the Select Committee chaired by the noble Lord, Lord Hodgson, back in 2018; the Justice and Home Affairs Committee’s investigation into the “life in the UK test”, published just a few weeks ago; and the ongoing desire to align the Department for Education—sadly now without the guidance of Robin Walker, who was deeply committed to citizenship and who was actually shifting the templates a little—and Ofsted, which is not aligned at all with what the DfE says or what we thought Ofsted had understood four years ago. It is a very strange juxtaposition.

I just want to put on record that we need to understand and be clear about the difference between personal development and citizenship education, which incorporates an understanding of the broad values of being a citizen in the United Kingdom, as well as the practical measures that make it possible for our democracy to function properly.

At this moment in time, given the clear need for respect from one politician to another, whether it is on ITV or Channel 4, we need to reinforce with our young people one simple message. We may, as your forbears, have got into a terrible mess and our democracy may well be extremely fragile—as I was saying last week, quoting the noble Lord, Lord Hennessey—but the future is in your hands, as the next generation, and beyond. Unless we guide and provide a framework and a landscape by which those young people understand what is happening in our democratic process, we will have let them down, because they will think that what they see on their televisions and what they read in their newspapers at the moment constitute the values that we espouse. They do not.

[Baroness Whitaker (Lab)]

My Lords, I offer very strong support for Amendment 101, so eloquently moved by the noble and right reverend Lord, Lord Harries of Pentregarth, and spoken to by my noble friend Lord Blunkett. It offers a coherent system we can unite around. Other countries have their written constitutions; we do not. The Americans also have the Gettysburg Address—easy to teach, easy to understand. In this amendment, we have a coherent system of basic principles of democracy, human rights and equality and the modern imperative of care for the environment. This whole subject, taught as a unity, is particularly important for non-faith schools also, which have a less coherent framework than the faith schools. We are a diverse society. We have several faiths and beliefs and we need a framework that we can cohere around, such as the values of British citizenship in this amendment. The Minister would be doing the children of this country a great service if she were to accept it.

[Lord Knight of Weymouth (Lab)]

My Lords, I will briefly add to the chorus of approval for this amendment moved by the noble and right reverend Lord, Lord Harries. He talked about the problems attached to British values and how they have appeared to exclude some people. What he is trying to achieve is truly inclusive.

I add my voice in particular on sustainability. All of us in this and the other House have been circulated Sir Patrick Vallance’s briefing to MPs on the challenge of climate change. Looking at that, and at the scale and urgency of the challenge from those presenting, it was clear to me that what is missing is public behaviour change. I am absolutely convinced that the key to unlocking that lies in our schools and with our young people, as the demographic which is most enthusiastic about this and can reach into everyone’s home and start to shift our behaviours.

The education company Pearson recently published its School Report, which showed that 50% of school leaders want to teach this—a glass-half-full/glass-half-empty figure. We have had a strategy from the Government which said they wanted schools to do this. Only half of school leaders are planning to do so. We need to do more, including this.

Schools Bill [HL]

Baroness Whitaker Excerpts

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

If the Minister thinks that the existing statutory guidance still covers all this, it is not getting through to school governing bodies and heads. I hope she offers a solution that means that it will, and I look forward to hearing her response. But if it means that children are given medicine, by tube, by an untrained member of staff, or that parents are fined because their child is out of school and a doctor has confirmed that they should not be in school, that is not sufficient, and we need something stronger.

[Baroness Whitaker (Lab)]

My Lords, in supporting Amendment 62, I underline what an important need it fulfils. That is why such a large number of professional and charitable organisations also support it.

Many children with sensory impairments require a whole range of specialist education services, which need to be provided by healthcare professionals—for instance, speech and language therapists are needed, as many young children who have sensory impairments also have speech, language and communication needs. This includes those who are deaf, deafblind and visually impaired. Many come from areas of social disadvantage and start school with language difficulties. The life chances of all these children are severely curtailed.

I have some recent information where local data shows massive inequalities in accessing clinical speech and language therapy services during the last year and the year before. Digital is not enough; you need the actual professional people. Of course, I quote again that poor language outcomes are a significant determinant of poor social mobility. I noted that when my noble friend Lord Watson moved an amendment about more help for young people whose sensory impairment is accompanied by speech, language and communication needs, his plea for extra support did not get any kind of response from the Government. It is absolutely vital that the specialist education services that are required to compensate for sensory impairment and to develop the spoken language and communication skills of all children and young people are going to be provided, so I urge the Government to accept this amendment.

[Baroness Bennett of Manor Castle (GP)]

My Lords, I rise very briefly to offer Green group support for all these amendments. Most of them have already been powerfully covered. I particularly echo the points made by the noble Baroness, Lady Brinton. I am sure I am not the only noble Lord who has received very distressed and distressing emails from many parents who have found themselves in similar situations to the ones that she outlined where they know and have medical advice that says that it is unsafe for their children to go to school, yet they are still coming under extreme, undue pressure to put their children into an actively dangerous situation.

The structure of these things is that we have not yet heard the introduction to Amendments 114 and 115 in the names of the noble Baronesses, Lady Chapman and Lady Wilcox. In a sense, I want to continue a conversation with the Minister that I started on 29 March in the debate on the schools White Paper about mental health. These amendments particularly draw attention to the elements about how children’s mental health is affected by their schooling. I hope to hear a positive response from the Minister to both these amendments, which are about collecting essential information. I would like to hear a response from the Government that acknowledges that mental health in schools is an issue that cannot be addressed by simply saying, “We’re going to increase the exam marks” because that focus on exam marks is very much part of the problem.

Schools Bill [HL]

Baroness Whitaker Excerpts

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

[Baroness Meacher (CB)]

My Lords, I shall speak to Amendment 30 in this group. I thank the noble Lord, Lord Mendelsohn, and the noble Baroness, Lady Whitaker, for adding their names to the amendment, and I also thank the right reverend Prelate the Bishop of Durham for our very helpful discussion on it.

The aim of the amendment is to make it explicit that religious education in schools which are not faith schools or academies must be inclusive. That is to say RE must include worldviews, including a number of different religions and non-religious values. Just because one does not believe in a metaphysical god, it is absolutely vital that we do not then lose Christian values. For me, as somebody who does not have a religion, I believe passionately that Christian values should be taught in schools on the basis that, if you do not believe in a metaphysical god, then you have to consider that you must support these values and find some rationale for doing so. I am very conscious of the Action for Happiness movement and the world well-being movement, and that is all about loving your neighbour as yourself and treating others as you would wish them to treat you. If we lose those fundamental values simply because more than 50% of the population now do not have a religion—and that number seems to grow every year—we will be in trouble as a society. So I think this amendment is very important: we need to hang on to Christian values.

As I said in my discussion with the right reverend Prelate, a key phrase in the amendment, which applies only to schools without a religious character, is that it requires the new subject to reflect the fact that the religious traditions in Great Britain are, in the main, Christian, so it is those values that we would be wanting to hang on to.

The amendment is in line with the recommendations of the 2018 report of the Commission on Religious Education, convened by the Religious Education Council for England and Wales. The commission’s members included 14 experts from different fields and various religions and beliefs, and of course it was chaired by the very reverend Dr John Hall, Dean of Westminster and former chief education officer of the Church of England.

I emphasise that this amendment makes no attempt to affect religious teaching in faith schools. The changes reflected in this amendment—that the subject should include humanism and be objective, critical, and pluralistic—have been the policy of both the Religious Education Council for England and Wales and the National Association of Teachers of Religious Education. In other words, this is the amendment that the RE profession actually wants; there is nothing revolutionary or odd about it.

Indeed, a recent government statement—which I was hoping to read out, but I cannot track it down on my phone—includes exactly the same principles and ideas in this amendment. So I would hope that the Government would have no problem at all in accepting this amendment; this is government policy according to the Government’s updated statement on RE teaching.

I know that the Minister will also want to take note of two important legal cases on RE, which have concluded that a narrow RE curriculum breaches the human rights of the non-religious. The 2015 judgment R (Fox) v Secretary of State for Education was a landmark decision, which requires the subject to be inclusive of humanism and to be objective, critical, and pluralistic, in order to comply with human rights under Article 9 of the European convention regarding freedom of thought, conscience and religion.

Following that judgment, the Welsh Government introduced the Curriculum and Assessment (Wales) Act 2021, which ensures that RE will be inclusive in these ways in Wales. All this amendment is doing is to ensure that education law in England is in line with the two legal cases and developments in Wales; surely, we do not want to be left behind by Wales.

I should refer to the specifics of the Worcestershire case of June and July 2022, because this has not yet been publicised so noble Lords will not be aware of it. An academy school which did not have a religious character had a narrow curriculum for its GCSE RE course. Following pre-action letters from a humanist parent citing discrimination on human rights grounds, the school agreed to provide RE inclusive of non-religious worldviews, such as humanism, for all pupils in years 10 and 11.

In conclusion, the Bill already clarifies issues in relation to RE for faith schools, so we are not touching on that at all. We know that a number of non-faith schools already provide inclusive RE and worldviews, but this amendment aims to provide clarity for all academy schools which are not faith schools.

[Baroness Whitaker (Lab)]

My Lords, I am very happy to support the amendment so clearly set out by the noble Baroness, Lady Meacher. I too am heartened by the knowledge that the Religious Education Council for England and Wales supports the amendment and that it fits evolving case law.

I can, in fact, put my finger on the text that the noble Baroness referred to. Our Government very recently signed up to an international conference of Ministers, saying, in terms:

“We recognise the importance, at all levels of education, of promoting respect for human rights, including freedom of religion or belief, and pluralistic and peaceful societies, where all people are equally respected, regardless of religion, ethnicity, gender, disability status or other characteristics.”


They said that they commit to promoting “inclusive curricula” and that

“curricula should provide positive and accurate information about different faith and belief communities and combat negative stereotypes”.

They also committed to

“promoting … efforts to support education reform, emphasising the benefits of pluralism and the importance of human rights, including freedom of religion or belief.”

It is a great step forward that our Government have committed to that text. Of course, it does no more than reflect the evolution of our diverse society, so I am sure that the Government will lose none of their positions in accepting this amendment.

[The Lord Bishop of Durham]

My Lords, I rise to speak to all the amendments in this group, and in doing so declare my interest as chair of the National Society. Turning first to Amendments 26, 27, 28 and 29, I am extremely grateful to the Minister, again, for her continued work with us on these important issues. It is no comment on the noble Baroness, Lady Penn, but the noble Baroness, Lady Barran, and the team have been particularly helpful, and it has been a fruitful ongoing conversation. The partnership between the Church of England and the Department for Education is greatly valued and a significant strength in the sector of education. This is seen in the way we work at national, regional and local level and through the outworking, for example, of the 2016 memorandum of understanding between the Department for Education and the National Society—I should add that our friends and colleagues in the Roman Catholic Church express the same thanks—which is an important recognition of the need for continued partnership in order for us to serve 1 million children through Church of England schools.

Some concerns have been raised about the protections and guarantees given to academies with a religious character, and the Church welcomes the clarity and assurance the Government have given about the scope of regulations in this regard. It moves us from a contractual to a statutory footing better to safeguard the distinctive Christian character and ethos of our family of Church schools. Such regulations will need to secure the religious character of our schools through, for example, good models of governance, and we look forward to working with the department as those regulations are produced. The Government’s commitment to ensure the transfer of provisions for RE and collective worship currently set out in maintained legislation to the academy sector are to be commended, so I welcome this amendment, which helps to clarify the purposes for which the regulations are made and secures a duty to make those regulations. In Committee, the Minister responded to my amendment by giving assurances that regulations would be made under Clause 20, and we are grateful to her for acting in this way.

Turning to Amendment 30, it was good to be able to talk to the noble Baroness, Lady Meacher, but I know that I have disappointed her in not feeling able at this stage to support it in its current form. This amendment relates to religious education in academies without a religious character—I fully accept that it has no impact at all on Church or other faith schools—which I am sure we are all agreed is an important topic if we are to enable our young people to play an active role in a world where faith and world views are so important. RE must be safeguarded in all our schools. However, as the noble Baroness, Lady Meacher, pointed out, the Commission on Religious Education’s report pushed in this direction. Progress has been made since then within the RE community through the work of the Religious Education Council, which has not yet concluded. We are confident that we are moving towards a consensus about the future of the RE curriculum in all schools, and I fear that if we do not wait for that consensus, the danger is that we will pursue an amendment that fixes something unhelpful. It is purely a matter of timing that we disagree on, rather than the direction, I think. It is very important that the content of the RE curriculum in schools with a non-religious character be given attention, but I think it is better to wait for consensus about that content to be reached before mandating it in this way.

Schools Bill [HL]

Baroness Whitaker Excerpts

Committee stage
Monday 27th June 2022 Lords Chamber

The amendments tabled by the noble Baroness, Lady Whitaker, would ensure that the bullying of children of all protected characteristics, including race and disability among others, did not go unreported. They would provide a suite of techniques for recording and reporting, which would provide important data for schools, local authorities and, at a national level, Ministers. I am delighted to have added my name to them and I look forward to the Minister’s response.

[Baroness Whitaker (Lab)]

My Lords, I add my support for Amendments 171J and 171K in the names of my noble friends Lord Watson of Invergowrie and Lady Blower.

As a vice-chair of the All-Party Parliamentary Group on Speech and Language Difficulties, patron of the British Stammering Association and a stammerer myself, I emphasise the importance of fluency for all aspects of education. My noble friends’ amendments would raise the profile of the subject and lodge it more decisively in schools’ responsibilities, to the benefit of the very many children who suffer from speech and language defects. That is apart from the fact that oracy development has been generally underestimated as a life skill in the maintained system, as my noble friend Lord Watson so eloquently set out.

Now that we are at the end of Committee, I will not detain your Lordships with a detailed explanation of Amendments 171N to 171Q in my name and that of the noble Baroness, Lady Brinton, for whose expert and committed support I am most grateful—they are self-explanatory. They are there because current anti-bullying policies are simply not achieving the eradication of bullying in school cultures, with all its damaging effects on well-being, mental health and education itself.

Bullying is particularly harmful when it is on the basis of an attribute which is part of the child’s identity—a protected characteristic such as race, for example—and so we have focused on that, as a means of reinforcing the public sector equality duty. Bullying is ascribed as the cause of a large proportion of the drop-out from secondary school of Gypsy, Traveller and Roma children, among others, although there is a regrettable absence of targeted data. It is relevant that 76% of Gypsy, Traveller and Roma children surveyed felt a need to hide their identity. That is a shameful admission.

Many anecdotes testify to inaction on the part of teachers when faced with complaints of bullying. In some cases, they may simply not know what to do. I draw the Committee’s attention to a letter from the chair of the Education Select Committee, Robert Halfon MP, to the Minister for School Standards, where he says:

“witnesses repeatedly raised incidents of bullying and racism faced by children, from both their peers and teachers. Many ethnic minority groups experience bullying, including Gypsy, Roma and Traveller pupils however, there are no official statistics which break these cases down by ethnicity. We believe that, to understand the scale of the issue and the impact it has upon educational outcomes, local authorities should work with schools to better understand the extent of the problem”.

Incidentally, how surprised and disappointed would Robert Halfon be to see a Report stage of the Bill ahead of the regulatory review? Following the Select Committee, we think the incidence of bullying must be made more salient in local authority records, with a register of incidents and necessary information about them. Our amendments also require parents to be fully informed, if the child consents, soon after the incident. We think the prevalence of bullying in local authority areas must be made known to the Secretary of State, so that remedial action can be taken if this violence against children is getting out of control. These amendments would go far to really make bullying on the grounds of identity unacceptable, and I hope the Minister will agree.

[Lord Addington (LD)]

My Lords, I will say a few brief words on these amendments. The noble Lord, Lord Watson, undersold the point he is making slightly, because for many people the disparity between verbal skills and written skills is actually a sign of special educational needs. Dyslexia is the classic example of this, and often dyspraxia as well. It is also the coping mechanism—the primary coping mechanism—by which people handle this. I put my hand up as an example of that. If people can explain their case verbally, they stand a chance of getting some form of accommodation on a casual basis. If you have the ability to come forward and explain yourself to a new teacher in a classroom—this was drummed into me from an early age—the teacher then has the chance of making some response that is appropriate. If you are terrified of doing this, or not told how to do so, then you have another problem. The ability to talk coherently is incredibly important, as it underpins just about everything else that goes through.

I know this is not exactly what the noble Lord was driving at, given the tone of all the discussion so far, but I hope that when the Minister responds she will have some idea of how disparities between expected verbal communication are going to figure in the Government’s thinking when it comes to things such as the new version of special educational needs. The Government must have a little guidance on this already. I know they are having a review; there must be some undertaking of what is going to happen. The interventions we have spoken about, with a speech and language facility and support, are incredibly important, because the whole thing is underpinned by the ability to talk. Very few people master good written language if they cannot at least talk coherently. Can the Minister give us some idea of how they are planning to bring these two together? If they do not, they are missing a trick, and also the identification of a need that is very important for dealing with many problems in our education system.

Schools Bill [HL]

Baroness Whitaker Excerpts

Committee stage
Wednesday 22nd June 2022 Lords Chamber

[Lord Blackwell (Con)]

My Lords, I will speak briefly in support of Amendment 112A, which relates to a point that I raised at Second Reading. As the noble Lord, Lord Soley, said, there has to be a check on parents to avoid those who might abuse the freedoms. The local authority may be the right place to do that but the merits or otherwise of home education versus school education, and the structure of the curriculum, can end up as matters of educational doctrine. If a local education authority takes a view that starts as biased against home education and the freedoms within, it may well take a view that is prejudicial to the parents, in the way in which my noble friend Lord Lucas said.

There has to be a right for parents to go to some appeal process, whether in the form of the amendment or the ombudsman proposed by my noble friend Lord Wei. It may well be that the objections to the way in which the local authority runs its schools is the primary reason why somebody wants to educate their children separately. To have that education authority then be judge and jury over whether the child is being given an adequate alternative education just allows one set of educational doctrines to run roughshod over other people’s rights.

I completely accept the need for checks on parents but, as others have said, my noble friend the Minister needs to think about how, when the Bill comes back, there can be proper provision to deal with this matter—whether in the form of the amendment or something similar.

[Baroness Whitaker (Lab)]

My Lords, I may have omitted to declare an interest as chair of the Department for Education stakeholders’ group and other similar interests listed in the register. If so, my apologies.

I have added my name to Amendment 143I in the name of the noble Lord, Lord Lucas. I should make it clear that it is the increase in fines and custody that I have difficulty with. It might be better to do away with fines altogether.

I am heartened by the statement in the department’s factsheet that

“The government does not intend to criminalise parents”


in respect of school attendance orders. But Clause 50 does not achieve this aim.

When I was a magistrate, I recall cases of parents who, with the best will in the world, simply could not control their children. They were rarely parents who could manage the fines prescribed. As for the custodial option, the Farmer review emphasised how

“disruptive and costly short sentences are to family life”

and ties. What does the imprisonment of a parent do for a child’s attitude to school?

There are deep reasons for school refusal that should be investigated, as I also recall from my time as a teacher. Different means to ensure the essential participation in education that children must have must be developed, and indeed in some schools are adopted, but in this time of a cost of living crisis, at least we should not increase the penalties, which can be justified in very few cases.

In conclusion, I take issue with the “hammers and nuts” of the noble Lord, Lord Wei. The nut of not being in school is a very large nut indeed. Of course there are parents who educate their children well and who are going to have no trouble with a register, although I quite understand that there needs to be some clarity, but children who are badly educated or not educated account for a much larger number. It may be that noble Lords do not come into contact with these children very often. In other debates in this Committee, we have spoken about where these children are and why they are not educated. It would take a lot of time to go through this, but it is a much larger number than the number of children who are well educated. We really must do something about this. That is why the register is a good idea.

[Lord Wei (Con)]

My Lords, I will clarify my position. A number of noble Lords have mentioned—and perhaps implied—that what I was trying to say was that we do not go after these bad actors and do not pursue those using home education as an excuse to provide a poor, non-existent or abusive context for learning or non-learning. That is not what I am saying. I am actually in favour of strengthening the use of other means for the identification and pursuing of families, parents or caregivers who are not home educating and are instead using it as a cover for their practices. Personally, I think we should be as hard as we can on that and strengthen our response as much as possible, whether through data, local authorities or other action.

Right now, some people are using home education as an excuse to say, “Stay away; don’t look here; go away”. However, if the ombudsman, or any other mechanism, were to agree with the local authority that there are good grounds to pursue families such as these and ask for any kind of information it wants—and if, on the evidence, if it looks as though home education is not happening—then, yes, let us go after those many families who are thought not really to be home educating. In addition, let us support those families who are struggling. I did not want to be misunderstood on that front.

However, my main concern is about where there are miscarriages of justice and we get into matters of educational philosophy. I ask noble Lords to consider Finland, where education is not really monitored until the very end. Nevertheless, Finland has pretty much the best education in the world because it does not spend 30% of time in education—as we do—monitoring, testing and checking the learning; the Finns just let the learning happen and train the teachers. I believe teachers there are given the equivalent of bankers’ salaries to make them some of the best education and learning facilitators—if you like—in the world. I would therefore just caution against this monitoring and the need to know what people are doing—I do not think we need to do this. If we have suspicions that what is going on is bad, we need to pursue this and use every power we can to sort that out. However, I am not sure that it is the right approach to ask about everyone in the country who is doing home education—whether good or bad—just because they might be doing something wrong. The ombudsman would make sense of this; it would also make sense not to put families under such an investigatory lens for too long. I have friends who have waited two years for national insurance numbers for their teenagers. Imagine a home-educating family having to wait two years, just to be told that they are not abusing the system but are instead teaching well.

--- Later in debate ---

[Lord Lucas (Con)]

My Lords, I have some amendments in this group: Amendments 136A and 137A are timing amendments, and we have covered that subject already.

Amendments 140A, 143A, 143C, 143D, 143E and 143H are of a technical nature. I think the quickest thing would be for me to listen to the Minister’s reply, because I think I have made my intentions clear in the amendments.

Amendment 143IA goes back to an earlier discussion on the relationship between local authorities and home educators. It suggests that having Ofsted report on the quality of the home education provision in a local authority, and on the quality of the work that it does on school attendance, would be a useful way of redressing the balance between home educators and a local authority, and that it would direct the attention of the local authority to the need to perform well in this area, and would have similar benefits in the case of attendance.

[Baroness Whitaker (Lab)]

My Lords, I have in Amendment 143G a very simple provision that, on acquittal for breaching a school attendance order, that particular school attendance order dies—no ifs, no buts. Surely, natural justice mandates that the court’s decision is respected for that specific attendance order.

[Baroness Wilcox of Newport (Lab)]

My Lords, the general thrust of these amendments is to make school attendance order conditions easier for parents by, for example, increasing the information handover period, compelling consideration of the child’s relevant medical conditions—looking at the child holistically.

An important factor that has not had enough mention is that of the impact of poverty on attendance. Poverty affects school attendance for a variety of reasons, and in the third decade of the 21st century some children are unable to attend school because their parents cannot afford fuel or travel costs, or they are more likely to be absent with sickness as their families cannot afford heating or hot water, or to provide a healthy diet.

For some children, not having the right uniform and missing breakfast are barriers to them setting foot in school. Children are having to take days off school due to unwashed, ill fitting or shabby clothes. This often leads to bullying, which is a huge concern when children are unable to dress like their peers and have poorer-quality clothing, shoes and school bags. I have seen and experienced these issues first-hand as a barrier to attendance, and teachers themselves often provide for children in these desperate circumstances. It cannot be right that in a society as wealthy as Britain, we still have children living like this. Poor attendance adds to the inequalities that they face.

We know that schools are often the first point of contact when dealing with such inequalities, so it is important that we have the correct resources and tools to deal with them. Our Amendment 144 ensures that schools’ attendance policies consider how to support staff who have been given new responsibilities for implementing the policies. This whole Bill will give hard-pressed teachers even more responsibilities, so we require recognition of that and to get them the support that they deserve in those areas.

Naturally, none of these measures will increase the resources for education, financial or physical. In the debate on Monday, I noted to your Lordships the paper-thin state of local government finances, and schools are finely balanced within that equation. Such an increase in monitoring and evaluation of attendance policies will be yet another job for an already hard-pressed member of the senior management team in a school. I have served in that capacity for decades; it is an extremely stressful occupation. This is one reason it is increasingly difficult to recruit heads and deputies in the secondary sector.

Our Amendment 146 will mandate the Secretary of State to produce a breakdown of those fined to allow assessment of disparities and compel them to consider the measures to address this. If we examine the data, attendance fines and fixed penalty notices are vastly skewed towards women, who are more often caregivers, and less affluent people, who are more often dealing with truant children. The Secretary of State should be forced to recognise this injustice and tackle it. I pose the question: where is the levelling-up agenda here?

I must stress that we do not disagree with this clause in principle. I set out earlier that we must ensure that the children at greatest risk attend school regularly, but I must press the Minister on what her department’s hard evidence is—whether behavioural science or otherwise—that fines will increase the information given or get more absent children into school. Children with poor attendance need support and staff need the resources to help them deal with it.

--- Later in debate ---

Moved by

[Baroness Whitaker]

143J: Clause 53, page 57, line 12, at end insert—
“(c) that those policies take into account shared protected characteristics of registered pupils, as set out in the Equality Act 2010.”Member’s explanatory statement
This amendment would require schools to take greater account of gender, ethnicity, religion etc. when designing attendance policies.

[Baroness Whitaker (Lab)]

My Lords, although this amendment was scheduled to be in the last group, amendments have been moved around a bit. I am sorry I missed it.

The rationale of Amendment 143J is that attendance policies should respect protected characteristics—that is, those that are cardinal to a child’s identity and enjoin small, short absences such as for religious or other festivals or necessary travel by parents. I beg to move.

[Baroness Barran (Con)]

My Lords, the Government understand the importance of schools developing their attendance policies in a way that considers the characteristics of individual pupils, including those with protected characteristics that may mean they face greater barriers to attendance. The Equality Act 2010 protects pupils with certain characteristics, such as race, disability and religion, from discrimination in their educational setting. Schools have clear duties under the Act, and we expect them to develop all policies, including attendance policies, in line with those duties.

The department recently published attendance guidance, Working Together To Improve School Attendance, which we intend to put on a statutory footing through the Bill. In addition, through this guidance and their own Equality Act obligations, academy trust boards and governing bodies of maintained schools are expected to ensure that their schools have an attendance policy that considers their obligations under the Act.

As I believe the amendment to be unnecessary, I ask the noble Baroness to withdraw it.

[Baroness Whitaker (Lab)]

I am grateful for the Minister’s reassurance and beg leave to withdraw the amendment.

Amendment 143J withdrawn.

--- Later in debate ---

[Baroness Meacher (CB)]

My Lords, I want to speak to Amendments 147 and 152.

I applaud the Government for including in this Bill Clause 56, which seeks to ensure that schools currently avoiding registration and inspection are included in Ofsted’s remit in the future. This is a far more important issue than we may have considered it. This country has been standing by while an unknown number of extremist, fundamentalist, isolationist schools are teaching children to reject the values of the country in which they are growing up. What will some of those children do when they grow up? Will they join a terrorist organisation? We simply do not know.

Ofsted has written to me to give us the benefit of some of its information, which is worth quoting. It says that at least 6,000 children are being educated in 900 unregistered schools, or, as it puts it, likely many more. It is very concerning that Ofsted has issued more than 100 warning notices to those it believes are running illegal schools, and 40 % of those settings have not changed to comply with registration as a result. These are people who do not respect the law, so we have to be very tough with them.

It is worrying that children are not learning the most fundamental subjects, including maths and English. Not only is the narrow religious curriculum in many unregistered schools unacceptable but these schools may have unsanitary and unsafe conditions. Ofsted says that it found settings with severe health and safety hazards, and other problems. No one is able to check on these things so long as schools evade registration.

I want to thank Rob Cann of Humanists UK for his very detailed briefing and the precise wording of these amendments.

In Clause 56, the Government are seeking to extend registration to independent education institutions—that is fantastic—but only to those which provide all, or the majority, of the child’s education. Herein lies a significant loophole. The proprietors of some such settings know that if they are inspected, they will have to choose between changing to something very different and closing down. They are therefore very wily and will do all they can to continue to evade regulation and inspection. They will use every loophole they can find to wriggle out of their safeguarding duties. Amendment 146B would limit registration to establishments that provide 18 hours of teaching for 39 weeks of the year. That would be something, but I believe these schools would adjust their regime and continue to avoid registration.

Without doubt, as soon as the Bill receives Royal Assent, these proprietors—who all know one another; there are little groups of them—will get together and split their provision into separate morning and afternoon settings, or some other configuration such as one teacher taking kids in the morning, another in the afternoon. Neither will then be subject to registration under Clause 56 as it stands, and I would be grateful if the Minister would comment on this loophole and whether the Government are content to see these extremist schools escape the important purpose of this Bill.

I recognise that Clause 56(2) allows further tightening definitions to be done through regulations. Here, I am going to say something from experience. Nine years ago, I allowed, if you like, the Government to have a little adjustment to my proposal for an amendment on the face of a Bill on the basis that they would introduce regulations and deal with the problem. I thought, “Well, that sounds okay”. Was I naive? Nine years later, nothing has happened, so I am not impressed with the idea that this can be dealt with through regulations. I fear that it simply would not be done. That is a bit cynical, but it really is my experience.

My Amendment 147 has been carefully thought through. By applying registration only to establishments providing at least a quarter of a child’s education, it would not catch common after-school classes in music, sport or, indeed, religion. I very much hope the Minister will feel able to accept it.

Amendment 152 would close off another loophole for unregistered schools. Many of them operate in private dwellings; indeed, 85% of illegal education settings in Hackney, the borough with the greatest prevalence of illegal schools, are private dwellings. If the proprietor puts down a mattress in a school, on inspection, the school may be classified as a dwelling and a warrant would be required under the law as it stands. Without a warrant, the inspection would be invalidated, so, as Clause 63 stands, a warrant will be required for almost every investigation to prevent that. This will generate unacceptable pressure on the courts, the courts will then put a whole lot of pressure on the inspectors to prove that they really need the warrant, and the whole system could be snarled up. It is reasonable to suppose that determined proprietors will disguise their settings as dwellings to try to protect themselves from Ofsted’s new powers. As I said, they will do just about anything.

Clause 63 introduces a requirement that inspectors can enter a private dwelling only if a warrant has been issued, and a request for a warrant is permissible only if consent has been refused. This leaves in limbo the situation of an inspection in what could be deemed a private dwelling where consent has been given. I am sure this is not the intention, but the wording leaves open the situation of those inspections where consent is given but there is a problem; it leaves an issue.

Registration and inspection of schools must, of course, be dealt with sensitively and authorities cannot be given free access to private dwellings without a warrant if consent is not given. Nevertheless, if the first intimation for Ofsted that a school is in a so-called private dwelling is when it attempts to enter the building, it will need to go away, fill in the forms and ultimately get a warrant, which could take a week or more. This will allow lots of time for the proprietors to conceal, dispose of or fabricate false evidence about whether a school was in operation within the dwelling. Surprise is essential in such situations.

Some proprietors will be less cunning than others and perhaps have less need to be, if a proprietor provides access immediately to an inspector arriving at the address. Amendment 152 clarifies that a warrant will be required only where consent has not been given for entry and where the setting visibly appears to be a dwelling. That sounds a bit pedantic, but it is important, on the basis that these people may just put a mattress down somewhere and claim it is a private dwelling. What is a private dwelling? All sorts of things can be done by them.

I hope the Minister will therefore ask officials to give serious consideration to the following two points. First, the current drafting of Clause 63 is poor and risks making matters worse for Ofsted inspectors. The element of surprise is so important, yet Clause 63 seems to reduce the scope for that surprise. Secondly, the clause does not clarify what a private dwelling is. Will the Minister ensure that, if possible, a definition of a private dwelling for the purposes of the Bill is given in it?

I failed at the beginning of my speech to thank the Minister very much indeed for the discussion we had, and I remember that one of her points was: how on earth do you define a private dwelling—it is probably impossible? I hope that efforts will be made to define a private dwelling to avoid what I call the mattress problem.

Again, I emphasise that the Government seek to achieve a very important objective in these clauses. I hope these comments are helpful; they are certainly intended to be.

[Baroness Whitaker (Lab)]

I should like briefly to add my support to these two very sensible amendments, which would stop unscrupulous unregistered schools circumventing the law and speed up the inspection process.

[Lord Mendelsohn (Lab)]

My Lords, I rise to speak to Amendments 171C and 171D. I strongly support the amendments from the noble Baroness, Lady Meacher, as well. I think she has a very correct estimate of the challenges and has presented some situations that are rather familiar in how they will be used to try to circumvent the Bill. I express my thanks to the Minister for her courtesy and for the time with her and her officials to discuss the matters raised in these amendments.