Children's Wellbeing and Schools Bill (Ninth sitting) Debate

Full Debate: Read Full Debate
Department: Department for Education
Neil O'Brien Portrait Neil O’Brien (Harborough, Oadby and Wigston) (Con)
- Hansard - - - Excerpts

I could pick this concern up in our next debate, on clause 31, but a related issue is linked to my concerns about this clause, so I will give the Minister a moment to reply. He mentioned the list of excepted institutions, which we find at clause 30, page 70, from line 17, and various types of institution are exempted: local authority schools, special schools, 16-to-19 academies and further education colleges, but not academies and free schools. Why? I want to check that that is a conscious choice by the Government and to get an explanation of why that is the case.

Lizzi Collinge Portrait Lizzi Collinge (Morecambe and Lunesdale) (Lab)
- Hansard - -

With your permission, Sir Edward, my remarks apply to clauses 30 to 36, because I thought it was more convenient to speak to them all together. Clauses 30 to 36 are extremely welcome to tackle illegal schools. Such schools are mostly, but not always, faith-based—

None Portrait The Chair
- Hansard -

Order. We are debating clauses 30 and 37, so as long as you stick to that, that is fine.

Lizzi Collinge Portrait Lizzi Collinge
- Hansard - -

I believe my remarks apply fully to clauses 30 and 37, Sir Edward, if you are happy with that—please let me know if not.

None Portrait The Chair
- Hansard -

I am very easy-going—within limits.

Lizzi Collinge Portrait Lizzi Collinge
- Hansard - -

Thank you, Sir Edward. The measures to tackle illegal schools, which are often but not always faith-based, are very welcome, and they will protect children from severe harm. The reasons for the need for the measures contained in clauses 30 and 37 are often hidden, and they are often clustered in certain local authorities. The so-called education that takes place in some of those unregistered settings is often deeply intolerant, not aligned with British values, and not of good quality for young children.

I have a question for the Minister about the definition of “full-time” in clause 30. I have a slight concern that we might be creating loopholes. Although clause 36 allows for multiple inspections where there are suspicions of links to part-time settings, I worry that we might create a situation in which illegal schools could get around the legislation by going part-time. Will the Minister consider that and perhaps whether, once this legislation has settled in, there may be need for action on part-time settings? Obviously, we do not want to capture Sunday schools, or a bit of prayer study or some study of the Koran after prayers, but I think we might need to look at this in future.

Stephen Morgan Portrait Stephen Morgan
- Hansard - - - Excerpts

I thank the shadow Minister, the hon. Member for Harborough, Oadby and Wigston, for his constructive response. He made a number of points and asked whether the clause applies to academies. It will not change the way in which academies, as state-funded independent schools run by not-for-profit charitable status trusts, are regulated. Academy trusts are accountable to the Secretary of State for Education through their contractual funding agreement, the terms of which already require them to comply with the regulatory regime established by the 2008 Act. All academy schools are subject to regular inspection by Ofsted under the education inspection framework.

--- Later in debate ---
Munira Wilson Portrait Munira Wilson (Twickenham) (LD)
- Hansard - - - Excerpts

It is a pleasure to serve under your chairmanship, Sir Edward. I have a couple of brief questions for the Minister.

Sir Martyn Oliver, His Majesty’s chief inspector, raised the question of additional resources for Ofsted because of the administrative burden of applying for warrants. I think he would like the powers to go further so that he would not have to apply for a warrant; I can see merit in needing to do so. Will the Minister confirm whether that additional resource will be provided to Ofsted?

We are considering two clauses in this group, but with regard to the whole section on unregistered provision, why has alternative provision been exempted from the powers? Again, Sir Martyn Oliver raised concerns that he does not have the powers to go in and inspect. Ofsted regularly finds unsafe provision. The Government should take action in this area, because some of our most vulnerable children who are excluded from schools are being put in unregistered alternative provision, where they are not necessarily provided with a broad education and attendance records are not always taken. Real questions and concerns have been raised about alternative provision.

Lizzi Collinge Portrait Lizzi Collinge
- Hansard - -

I very much welcome the clauses. The strengthened powers of entry for Ofsted are important. As I have said, a lot of the problems in illegal schools are hidden, and they are often clustered geographically. In one local authority, we may never see this problem, but in some local authorities we see it repeatedly. Illegal settings have been the scene of widespread neglect and abuse—sometimes serious sexual abuse—and the powers of entry and for a court to prevent someone who has been convicted of running an illegal school from ever doing it again are very important. I urge the Committee to support the clauses.

Stephen Morgan Portrait Stephen Morgan
- Hansard - - - Excerpts

On the hon. Member for Twickenham’s points about Ofsted, the powers are available only to investigate the commission of specified relevant offences. Our experience is that the majority of inspections of unregistered schools are conducted under Ofsted’s existing powers process and on the basis of consent and co-operation. We anticipate that that will continue even after Ofsted has been granted the enhanced powers in the measure. The powers will not be available to Ofsted when inspecting private schools against the independent school standards. The hon. Member asked about resources for Ofsted; we are working closely with Ofsted on what the powers will mean, as Sir Martyn set out in the evidence session.

I will take away the comments made by my hon. Friend the Member for Morecambe and Lunesdale and write to her on those matters.

Question put and agreed to.

Clause 32 accordingly ordered to stand part of the Bill.

Clause 33

Material changes

--- Later in debate ---
--- Later in debate ---
Damian Hinds Portrait Damian Hinds
- Hansard - - - Excerpts

Colleagues and friends, forgive me; it happens all the time in clubs and in schools. It happens in after-school football clubs and before-school football clubs. If the club starts five minutes after half-past 3 or finishes five minutes before half-past 3, I am not quite sure I understand how that individual’s ability to help kids to learn how to play football is materially affected.

--- Later in debate ---
Damian Hinds Portrait Damian Hinds
- Hansard - - - Excerpts

No, no, no; he may be well aware of many things, but he is certainly not well aware that what he is saying is not correct. He is totally aware that what he just said is correct: that people who do not have a PGCE or QTS may still form a valuable and useful part of the staff at a school to help kids to learn in a variety of disciplines, including non-academic ones such as sport and art.

Lizzi Collinge Portrait Lizzi Collinge
- Hansard - -

Will the right hon. Gentleman give way?

Damian Hinds Portrait Damian Hinds
- Hansard - - - Excerpts

I am starting to attract a little bit too much attention from Sir Edward, who I think may be becoming impatient with me for the length of my speech, but I will give way one last time.

Lizzi Collinge Portrait Lizzi Collinge
- Hansard - -

I thank the right hon. Gentleman for his patience with our multiple interventions. However, I believe they are very necessary. Does he agree that the experiences of hundreds of thousands of parents during covid lockdowns, when schools were closed, show very clearly that having professional knowledge and experience in the workplace is no substitution for being a teacher? As someone who home-schooled a two-year-old and a six-year-old, trust me when I say that that experience gave me even more respect for the qualified teachers of this world. Does the right hon. Gentleman agree that there is a fundamental difference between subject-matter expertise and the ability to teach?

Damian Hinds Portrait Damian Hinds
- Hansard - - - Excerpts

I agree with the hon. Lady 100%, just as I agreed with what the hon. Member for Southampton Itchen said entirely. Of course, there is not just a material difference between not being a qualified teacher and being a qualified teacher. It is like night and day, and what teachers learn about pedagogy and the experience they get during that time cannot be replicated on an online course or by reading books. She is right, too, that during covid millions of people up and down the country quite rightly developed, renewed or enhanced their respect for the teaching profession and for what teaching is capable of doing.