Children Not in School: National Register and Support

Debate between Bridget Phillipson and Rushanara Ali

Tuesday 23rd January 2024 Commons Chamber

[Bridget Phillipson (Houghton and Sunderland South) (Lab)]

I beg to move,

That this House condemns the Secretary of State for Education for her failure to tackle the crisis of persistent school absence; calls on the Government to immediately introduce legislation to amend the Education Act 1996 in order to establish a mandatory duty on local authorities in England to maintain a register of eligible children not in school, as set out in Part 3 of the Schools Bill [Lords] published in the 2022-23 Parliamentary session; and therefore makes provision as set out in this Order:

(1) On Wednesday 7 February 2024:

(a) Standing Order No. 14(1) (which provides that government business shall have precedence at every sitting save as provided in that order) shall not apply;

(b) any proceedings governed by this order may be proceeded with until any hour, though opposed, and shall not be interrupted;

(c) the Speaker may not propose the question on the previous question, and may not put any question under Standing Order No. 36 (Closure of debate) or Standing Order No. 163 (Motion to sit in private);

(d) at 3.00pm, the Speaker shall interrupt any business prior to the business governed by this order and, notwithstanding the practice of this House as regards to proceeding on a Bill without notice, call the Member for Houghton and Sunderland South or another Member on her behalf to move the order of the day that the Children Not in School (National Register and Support) Bill be now read a second time;

(e) in respect of that Bill, notices of Amendments, new Clauses and new Schedules to be moved in Committee may be accepted by the Clerks at the Table before the Bill has been read a second time.

(f) any proceedings interrupted or superseded by this order may be resumed or (as the case may be) entered upon and proceeded with after the moment of interruption.

(2) The provisions of paragraphs (3) to (18) of this order shall apply to and in connection with the proceedings on the Children Not in School (National Register and Support) Bill in the present Session of Parliament.

Timetable for the Bill on Wednesday 7 February 2024

(3)(a) Proceedings on Second Reading and in Committee of the whole House, any proceedings on Consideration and proceedings up to and including Third Reading shall be taken at the sitting on Wednesday 7 February 2024 in accordance with this Order.

(b) Proceedings on Second Reading shall be brought to a conclusion (so far as not previously concluded) at 5.00pm.

(c) Proceedings on any money resolution which may be moved by a Minister of the Crown in relation to the Bill shall be taken without debate immediately after Second Reading.

(d) Proceedings in Committee of the whole House, any proceedings on Consideration and proceedings up to and including Third Reading shall be brought to a conclusion (so far as not previously concluded) at 7.00pm.

Timing of proceedings and Questions to be put on Wednesday 7 February 2024

(4) When the Bill has been read a second time:

(a) it shall, notwithstanding Standing Order No. 63 (Committal of bills not subject to a programme order), stand committed to a Committee of the whole House without any Question being put;

(b) the Speaker shall leave the Chair whether or not notice of an Instruction has been given.

(5)(a) On the conclusion of proceedings in Committee of the whole House, the Chairman shall report the Bill to the House without putting any Question.

(b) If the Bill is reported with amendments, the House shall proceed to consider the Bill as amended without any Question being put.

(6) For the purpose of bringing any proceedings to a conclusion in accordance with paragraph (3), the Chairman or Speaker shall forthwith put the following Questions in the same order as they would fall to be put if this Order did not apply—

(a) any Question already proposed from the Chair;

(b) any Question necessary to bring to a decision a Question so proposed;

(c) the Question on any amendment, new clause or new schedule selected by the Chairman or Speaker for separate decision;

(d) the Question on any amendment moved or Motion made by a designated Member;

(e) any other Question necessary for the disposal of the business to be concluded;

and shall not put any other Questions, other than the Question on any motion described in paragraph (15) of this Order.

(7) On a Motion made for a new Clause or a new Schedule, the Chairman or Speaker shall put only the Question that the Clause or Schedule be added to the Bill.

Consideration of Lords Amendments and Messages on a subsequent day

(8) If any message on the Bill (other than a message that the House of Lords agrees with the Bill without amendment or agrees with any message from this House) is expected from the House of Lords on any future sitting day, the House shall not adjourn until that message has been received and any proceedings under paragraph (9) have been concluded.

(9) On any day on which such a message is received, if a designated Member indicates to the Speaker an intention to proceed to consider that message—

(a) notwithstanding Standing Order No. 14(1) (which provides that government business shall have precedence at every sitting save as provided in that order), any Lords Amendments to the Bill or any further Message from the Lords on the Bill may be considered forthwith without any Question being put; and any proceedings interrupted for that purpose shall be suspended accordingly;

(b) proceedings on consideration of Lords Amendments or on any further Message from the Lords shall (so far as not previously concluded) be brought to a conclusion one hour after their commencement; and any proceedings suspended under subparagraph (a) shall thereupon be resumed;

(c) the Speaker may not propose the question on the previous question, and may not put any question under Standing Order No. 36 (Closure of debate) or Standing Order No. 163 (Motion to sit in private) in the course of those proceedings.

(10) Paragraphs (2) to (7) of Standing Order No. 83F (Programme orders: conclusion of proceedings on consideration of Lords amendments) apply for the purposes of bringing any proceedings on consideration of Lords Amendments to a conclusion as if:

(a) any reference to a Minister of the Crown were a reference to a designated Member;

(b) after paragraph (4)(a) there is inserted—

“(aa) the question on any amendment or motion selected by the Speaker for separate decision;”.

(11) Paragraphs (2) to (5) of Standing Order No. 83G (Programme orders: conclusion of proceedings on further messages from the Lords) apply for the purposes of bringing any proceedings on consideration of a Lords Message to a conclusion as if any reference to a Minister of the Crown were a reference to a designated Member.

Reasons Committee

(12) Paragraphs (2) to (6) of Standing Order No. 83H (Programme orders: reasons committee) apply in relation to any committee to be appointed to draw up reasons after proceedings have been brought to a conclusion in accordance with this Order as if any reference to a Minister of the Crown were a reference to a designated Member.

Miscellaneous

(13) Standing Order No. 82 (Business Committee) shall not apply in relation to any proceedings on the Bill to which this Order applies.

(14)(a) No Motion shall be made, except by a designated Member, to alter the order in which any proceedings on the Bill are taken, to recommit the Bill or to vary or supplement the provisions of this Order.

(b) No notice shall be required of such a Motion.

(c) Such a Motion may be considered forthwith without any Question being put; and any proceedings interrupted for that purpose shall be suspended accordingly.

(d) The Question on such a Motion shall be put forthwith; and any proceedings suspended under sub-paragraph (c) shall thereupon be resumed.

(e) Standing Order No. 15(1) (Exempted business) shall apply to proceedings on such a Motion.

(15)(a) No dilatory Motion shall be made in relation to proceedings on the Bill to which this Order applies except by a designated Member.

(b) The Question on any such Motion shall be put forthwith.

(16) Proceedings to which this Order applies shall not be interrupted under any Standing Order relating to the sittings of the House.

(17) No private business may be considered at any sitting to which the provisions of this order apply.

(18)(a) The start of any debate under Standing Order No. 24 (Emergency debates) to be held on a day on which proceedings to which this Order applies are to take place shall be postponed until the conclusion of any proceedings to which this Order applies.

(b) Standing Order 15(1) (Exempted business) shall apply in respect of any such debate.

(19) In this Order, “a designated Member” means—

(a) the Member for Houghton and Sunderland South; and

(b) any other Member acting on behalf of the Member for Houghton and Sunderland South.

I draw the House’s attention to my entry in the Register of Members’ Financial Interests.

Today, we seek the permission of the House to make time in the weeks ahead to pass legislation to protect the interests of children who are not in school; to use a day of parliamentary time to put their concerns first and them at the heart of our work; and to make real for one day the promise that only a Labour Government can bring—the promise of a Britain where children come first—because it is a national scandal that every day and every week so many children are not in school.

Absence from school is not simply a problem in itself; it is a symptom of deeper problems and a cause of further problems. While the package of measures that should tackle those problems—and under a Labour Government will tackle those problems—must be detailed and comprehensive, a key part of it is knowing where children who are not in school are instead.

Before I go further, I should emphasise that some parents choose lawfully and properly to educate their children at home. Many of them do so very well, very effectively and to a very high standard. Those children are not the focus of our concern today. Their parents do not have anything to fear from a register of children not in school—the register of the sort that the Leader of the Opposition and I seek the permission of this House to consider in a Bill next month.

Until very recently, support for that register of children not in school was a cross-party endeavour. Politicians across this House agreed with it. It was an element of the Schools Bill, which the Government introduced in the other place in the summer of 2022. The register also received support from professionals in children services. However, the Schools Bill disappeared from Parliament, but I pay particular tribute to the hon. Member for Meon Valley (Mrs Drummond) who has pressed this cause so hard among Members of her own party and brought her own Bill to this place.

The hon. Lady’s Bill had wide support outside the House too. Many supportive comments were offered to the hon. Lady on the legislation that she proposed, but the words of Julie McCulloch, the director of policy for the Association of School and College Leaders, bears repetition. She said that

“the Government really should be making the parliamentary time available to ensure that this simple and necessary measure passes into law. Frankly, the public will find it astonishing that there is no such register already.”

It is for exactly that reason that we today seek parliamentary time to put it into law as soon as possible. Of course, the hon. Lady and voices outside this House are not alone in recognising the crucial importance of the register. There were many distinguished supporters of that Bill, including on the Government Benches. I have informed all of the following hon. Members that I intend to reference them in this debate as a courtesy to them. They included the hon. Member for Morley and Outwood (Dame Andrea Jenkyns), the hon. and learned Member for Eddisbury (Edward Timpson) and the hon. Member for Stoke-on-Trent North (Jonathan Gullis), who all went on to serve as Education Ministers. There was also the hon. Member for Worcester (Mr Walker), who is not merely a former Education Minister, but is today Chair of the Education Committee, and the right hon. Member for South Staffordshire (Sir Gavin Williamson), who is one of the Secretary of State’s ample collection of predecessors.

Support for legislation on children not in school is, of course, not limited to supporters of that Bill, none of whom was a Minister at the time. The hon. Member for Colchester (Will Quince), then a Minister in the Department for Education, was clear almost two years ago that he and his colleagues

“intend to legislate to ensure we have a ‘children not in school’ register.”

In respect of parents home educating their children, he rightly observed:

“That is something no parent who is doing the right thing should be concerned about”.—[Official Report, 14 March 2022; Vol. 710, c. 605.]

The right hon. Member for Bognor Regis and Littlehampton (Nick Gibb) was admirably honest when still a Minister last summer. He said:

“We think a register of children not in school is important.”

We agree with him.

The right hon. Member for East Hampshire (Damian Hinds), who is now back as a Minister, spoke, when launching a consultation, of the Government needing a register of children not in school

“to prevent vulnerable young people from vanishing under the radar.”

I could not put it better myself. Does he still hold to those words? If so, when will the Government get on with it?

The Children’s Commissioner for England, Dame Rachel de Souza, has repeatedly called for a national register. Of course, we know from her words in this place last month, that the current Secretary of State herself takes the view that

“it is my priority and I hope to legislate on it in the very short term.”—[Official Report, 11 December 2023; Vol. 742, c. 607.]

Sadly, she is not here today to lend her support to the motion. It is also sadly the case that she has been unable to convince her own Prime Minister, because he—as he never hesitates to make clear—is never very interested in the welfare of other people’s children. This failure by the Government to address the most serious and urgent barrier to learning in our schools—that children are not there—exemplifies a broader failing and tells a wider story.

[Rushanara Ali (Bethnal Green and Bow) (Lab)]

I am grateful to my hon. Friend for giving way and congratulate her on exposing this scandal that is affecting children across our country. In my borough, the problem has gone up significantly since 2016-17. Does she agree that, given what happened during the pandemic and the failure of the Government to meet the requirement of additional funding, with a shortfall of £10 billion, young people are suffering? It is vital that there is mental health support along with the register to ensure that young people are supported in going back to school, because mental ill health is a significant barrier to their returning to school.

[Bridget Phillipson]

I agree with my hon. Friend. She makes an important point about the wider pressures that children and young people are facing. I will come on to precisely that point a bit later, but it is why I was so delighted that Sir Kevan Collins, the former Government catch-up commissioner, backed Labour’s long-term plan to ensure that we do address those challenges coming out of the pandemic.

Safety of School Buildings

Debate between Bridget Phillipson and Rushanara Ali

Wednesday 6th September 2023 Commons Chamber

[Bridget Phillipson]

I am just going to make a bit more progress.

For a responsible politician, being in government is not simply a matter of pressing the agenda of their political party, their donors or those who profit from Government contracts. It is about rising to the challenges that face our country, and accepting the blame when things go wrong as the price of acclaim when they go well.

The point about RAAC was made very ably by the Secretary of State, who said:

“a school can collapse for many reasons, not just RAAC”.

They can indeed! So many things are wrong right now with our schools estate: there are faulty boilers, inadequate insulation, roofs leaking, and asbestos in around four out of five of our schools; and as the pandemic taught us, ventilation is simply not good enough in too many of our schools. How do we know that? The condition data collection tells us all of it. By the Department’s own admission, that exercise was not even a proper structural survey, despite coming 20 years after the risks of RAAC were first flagged, and seven years after the Government cancelled Labour’s school rebuilding programmes, having not even looked at hazardous materials.

The condition data collection found that more than 7,000 elements of the school estate were in poor condition and needed to be prioritised for replacement. Were all those someone else’s responsibility, too? Even the money that the Department did commit—the spending allocations of which the Minister for Schools speaks so proudly so often, with the keen pride of a Minister wholly oblivious to the scale of their own failure—was not all spent. Again, whose fault is that? Whose responsibility might that have been?

We are told that part of the difficulty in recent years has been finding the skilled labour to deliver the work that our schools so desperately need. I invite Conservative Members to reflect briefly on why exactly that might be. Could it be the dramatic overall drop in apprenticeship starts, the shortage of construction apprenticeships in recent years, or the utter failure of the Government’s apprenticeship levy to deliver spending on skills at the scale and pace we need? Could it be their wider failures on further education and in-work training? Thirteen years into a Conservative Government, who will take responsibility for that?

It was a Conservative Prime Minister who once savaged the press of this country for seeking “power without responsibility”. Today, that is the entire ideology of the whole Conservative party. That failure to accept responsibility is not merely the ethic of the Secretary of State and her Ministers; it comes right from the very top. Today’s Prime Minister was yesterday’s Chancellor, and we know—not just from the former most senior official at the Department for Education, but from the Schools Minister himself—that at the 2021 spending review, when even Ministers knew that the problems needed tackling urgently and the rate of rebuilding needed to soar, the now Prime Minister said no, and every Conservative Member accepted that. Cheaper champagne, yes; safer schools, no. There has never been a clearer picture of the priorities of the Conservative party.

The Prime Minister, fond as he is of private donations to his old school, has form on saying no to high standards in schools for other people’s children. He said no to the proper pandemic recovery plan that the Government’s own recovery tsar recommended. In 2021, he said no to the capital spend that would have kept our schools safe and our children learning. Last spring, he said no to the desperate pleas of civil servants in the Department for Education for the resources to make schools safe. In his spending review speech back in 2021, he even boasted of returning overall real-terms education spending in a few years’ time to the levels of the last Labour Government. That was not an admission, wrung as a repentant confession; it was a boast, made with pride, that one day—but perhaps not yet—he would take education as seriously as Labour.

Those who complain about party politics might reflect for just a moment on whether they would level the same accusation at the National Audit Office. In June, the NAO reported that

“Following years of underinvestment, the estate’s overall condition is declining and around 700,000 pupils are learning in a school that the responsible body or DfE believes needs major rebuilding or refurbishment. Most seriously, DfE recognises significant safety concerns across the estate, and has escalated these concerns to the government risk register.”

Just yesterday, in respect of RAAC, the Comptroller and Auditor General was clear that

“the long-term risks it posed took too long to be properly addressed”.

On the sustained inadequacy of the Government’s capital programme, he went even further:

“Failure to bite this bullet leads to poor value, with more money required for emergency measures or a sticking plaster approach.”

Failing to bite the bullet; poor value; a sticking-plaster approach—13 years into this Government, those are absolutely damning words from the Government’s own spending watchdog.

[Rushanara Ali (Bethnal Green and Bow) (Lab)]

My hon. Friend will be aware that Jonathan Slater, the former permanent secretary, said that civil servants told the Government that there was a “critical risk to life” because of the dodgy buildings, and the failure to follow advice and invest in making sure our schools are safe. Does she agree that this Government are seriously putting children’s lives at risk through their incompetence and negligence, and through the failure of the Prime Minister to make sure there is proper investment in our schools?

[Bridget Phillipson]

My hon. Friend is absolutely right. If Ministers are confident about everything they have done and the decisions that were taken, they will back our motion today, allow us to see the papers, and be transparent with this House.