(6 years, 2 months ago)
Lords ChamberMy Lords, I cannot answer specifically for young children in custody, but I will add that to the answer to the other noble Lord.
My Lords, does the Minister agree that it has been something like more than two decades since we brought in the statement system? The statements or plans often deal with very commonly occurring conditions which we know are going to be there. Why are we dependent on something outside the school to deal with a condition which we will know will occur? Should we not be investing in better teacher training and in support within schools?
To answer the first part of the noble Lord’s question, the changes we brought about were to join the system up so that we were not dealing in silos for children who often have complex needs. One of the most important changes was to ensure that there was cross-agency working, not just with education but with health and social care. The other important change was to be much more focused on outcomes for children in need of this sort of support with flexibility in, for example, being able to provide a personal budget for children and families who need this support.
(6 years, 3 months ago)
Lords ChamberMy Lords, we have invested £373 million for local areas to implement SEND since 2014 and have just renewed a grant to the Autism Education Trust to help improve the training of education staff. It has trained some 150,000 staff since 2011-12. Awareness is very much rising in the education sector.
My Lords, the Minister talked about awareness. Awareness only goes so far. Have the Government identified how many specialist support teachers they need—people trained specifically to meet the needs of this group—and at what density? Without that, you can have all the awareness you need but not know how to implement it properly.
My Lords, the approach has very much been to include autistic children in mainstream education, and 72% of autistic children are. As I mentioned a moment ago, we are rolling out the training to staff to ensure that awareness of the condition is more widespread. That is certainly the intention. We have also invested substantially in the creation of special schools. Some 600 local authority maintained schools have a specialism for autistic children.
(6 years, 4 months ago)
Lords ChamberMy Lords, I support the noble Lord, Lord Lucas, and his amendment, primarily because this is the first chance we will get to dig out some detail here. Many of the questions I have about this are directed at the Government Front Bench, because the Government’s attitude is crucial. There is undoubtedly a problem with home education, with the fact that it is totally unregulated and we do not really know what is going on. That is the nub of it.
Everybody who comes to see me over this reckons that they are doing a pretty good job in producing something. We on these Benches had as a party group a meeting with some home educators. The interesting thing was that, within about 20 minutes, they were arguing among themselves as to what was the true essence of home education in quite a heated way. The only consensus we got was when I asked them whether they agreed that a child has a right to an education that equips them for adult life afterwards. That was the only degree of agreement we got.
Most of this is dictated by people talking about things such as the rights of the parent. The rights of the child are there. The essence of keeping a record of those who are being home educated is fine. I do not think that there is anybody who would disagree with that. However, I am afraid that I have quite a lot of problems with the detail on this. I am not sure how it will work. There is far too much undiscussed government regulation that will be relied on afterwards and so on.
If the Government are paying attention to this, it is largely as a result of some classic cases of neglect or cruelty where a person has been hidden away. Throughout the communities I have spoken to about this, everyone agrees that there are cases where there are seven or so children and they just cannot be bothered to deal with them, so they home educate them and nothing happens. That example has literally been said to me. I was not given any dates, times or names, but I was given that example. What do the Government intend to do to find out what is being done there?
Then, when it comes to regulation, you start to get into very muddy waters. I have had briefings from the local government authority which say, “This is great, but we do not have any power to enter a home”. I do not know whether or not that is right. Does the Minister have an answer to that technical question? All the powers for registration and assessment do not matter if you cannot get into the home. I suspect that is wrong and that other legislation could be used, but you will need a mechanism to identify and cross-reference. Is that not fun? Is it not easy to do? It would be asking a bit much of a Private Member’s Bill to get anywhere near that. Can we have some answers from the Government about what they are prepared to do on this? If we do not, we will not know what the intention is on whether there will be the back-up and authority to go through with this.
Following on from what the noble Lord, Lord Lucas, said, we should remember that many people are home educating because they feel the system has failed them. I do not often make an intervention in an education debate without mentioning dyslexia, and I draw the Committee’s attention to my interests in that field. It may have been more common in the past, but it still happens now that people may go into the system without an early enough identification of their special educational needs. They have a bad experience and the school gets into a series of appeals about what used to be statements and are now plans. A conflict situation develops with the education establishment, and some people say “Enough is enough” and pull out.
As the noble Lord, Lord Lucas, also said, the state then seems to more or less wash its hands of the pupils and many home-educating parents ask, “What is the state’s duty to ensure that we have some assistance?”. If children become school phobic because they have failed or have special educational needs—for example, if they have been overloaded with inappropriate maths and English tuition and help which dyslexics cannot absorb and makes life a living hell for them—what is the state going to do? Dyslexia is a difficulty with short-term memory and an inability to sequence, which anyone who has tried to organise my diary will know manifests itself in me on occasion. If they have to go through this, what is the role of the state to support them? It is a complicated issue. The question of resources also arises. Will we do this? If help is made compulsory, this would lead to a situation in the current world where home-educated pupils would get more assistance than they would do in the school system. It gets more and more complicated.
Can the Minister say what the Government think should happen now? What is their thinking on this? It is clear that the noble Lord, Lord Solely, has enjoined a process of kicking the Government into action, but what are they doing? That will be covered in the rest of this discussion. Is this Bill merely a footnote, a forlorn hope or a part of the process? We need to know because that will colour everything that happens in the rest of today, the future of the Bill and on this issue over the next couple of years. If we are to get this legislation through, it must be fit for purpose.
My Lords, I agree mostly with what the noble Lord, Lord Lucas, said about home education and I commend my noble friend Lord Soley on his Bill.
I would like to direct the attention of the House and the Minister to the issue of school exclusions, which is getting more and more serious in communities up and down the country and directly relates to home education. Yesterday in Gateshead—having addressed the north-east chamber of commerce, ably led by the son of the noble Lord, Lord Ramsbotham, who I am delighted to see in his place—I met social workers and school leaders to discuss the big challenges they face. The single biggest issue that they raised with me was the problem of school exclusions, pupil referral units and what they call “off-rolling”—a term which, even as a former education Minister, I had not come across before. Off-rolling is managing people off school rolls into pupil referral units or into no provision whatever and often calling it home education. This is simply to get pupils off the rolls so that they do not engage in disruption in school—disruption which, frankly, the schools for the most part should be managing—and do not count in performance and league tables which are published for schools at the end of each academic year.
This is a big issue. To give a concrete example of what is happening in Gateshead at the moment, one of the social workers at the meeting said that the pupil referral unit in Newcastle, where many of the students from Gateshead are referred, until recently had nearly 400 pupils in it, which is almost the size of a small secondary school. Of those pupils, only 80 to 90 were formally part of the pupil referral unit; all the others had been “off-rolled” or managed into it. For the most part, they did not turn up. They were lucky if they were there for an hour a week. Indeed, it was said to me that if they did all turn up there would not be provision for them.
This is a huge social crisis which is taking place in this country at the moment. It is at the root of many of our problems, including in educational underperformance and in the criminal justice system. Many of these children, particularly adolescent boys, are basically not playing any part in schools and are being managed out of them by the age of 14 or 15. They do not get any qualifications or into a culture of learning or work—and we all know what happens to them thereafter.
The relationship with home education is problematic. As a former Minister, I was constantly being told by home educators that it was an essential social right that people should be able to home educate. I believe in principle that that is the case for people who have philosophical views on how education should be conducted—noble Lords will know of people for whom that is true—but for most people home education has nothing whatever to do with philosophical preferences about the style of education but everything to do with failure at and rejection by schools, which often happens. In some communities, particularly Traveller communities, people often do not want their kids to go to local schools because their relationship with the local schools is so poor, and the cultural issues and alienation are so great, that by the time they come, particularly, to secondary level, they do not want to play any part in the local schools.
We all change our views over time. When I was a Minister, I was worried about seeking to limit the power of schools on exclusions. This is a deeply difficult issue because nothing holds back schools and pupils more than disruptive children, and getting the balance right is difficult. My view now, after engaging in this issue for many years, is that Parliament needs to adopt a much more robust approach and that temporary exclusions should be banned. There are hundreds of thousands of temporary exclusions a year. The idea that the punishment awarded for low-level disruption in schools should be chucking kids on to the street for a day or two—as if somehow that would be an incentive for them not to misbehave in future—is one of the biggest misconceptions in the way we handle discipline in schools.
However, for serious disruption, my view is that schools should not be allowed to permanently exclude pupils unless there are issues of violence at stake which simply cannot be managed inside the school. That is not to say that seriously disruptive pupils should be able to disrupt classes. Rather like the way in which we handle special needs, as the noble Lord, Lord Addington, said, schools should have additional resources for managing challenging behaviour. It may be that in some cases the provision should be outside the classroom —although, again, this should be managed properly—but getting pupils off the rolls of schools so that no one has responsibility for them at all, which is happening at the moment, is an absolute derogation of our duty as parliamentarians to see that all young people are educated. To put the euphemistic label of home education on it is to betray a generation of young people who then, in very large measure, end up on the streets, underemployed, unemployed or in the criminal justice system.
My Lords, in speaking to Amendment 8 in my name I shall be brief, because it is really a matter of common sense and practicality. I know that the Minister is in no doubt about the seriousness of the situation. He knows that it is particularly relevant to a large proportion of Gypsy and Traveller children, among others. The purpose of the amendment is further to strengthen the excellent system of registration proposed by my noble friend.
I shall first talk briefly about Gypsy, Traveller and Roma children. This information comes from the casework of the Traveller Movement, one of the largest NGOs in the area. It says:
“we have noticed that parents often aren’t aware of the details”,
of elective home education,
“therefore making them more aware would allow them to make an informed decision. We come in to contact with a lot of parents who think twice about home educating once they’re told you that don’t get provided with a tutor or financial support, for example”.
The proposal is that local authorities must fully inform parents—not, “if requested”, they must. That is because there are many parents who do not know what to ask for, or whether there is anything to ask for. The reason we propose that it should be via a short, standardised film is because a fair number of these parents are not very literate, sometimes not at all literate themselves. This does not apply only to Gypsy, Traveller and Roma people. A film is a completely different way to understand advice, and that is why we recommend it.
The amendment states that the local authority must inform them of their responsibilities concerning home education. It is fair to say that some parents do not grasp that their task is to see that their children are properly educated, and that brings with it the support available.
At this point, I refer to two non-Gypsy, Traveller or Roma families. One educates their four children extremely well. The children thrive and are well educated. That mother would have no difficulty complying with any of the requirements in my noble friend’s Bill. In the other, the father took umbrage when a teacher rebuked his child and he withdrew him. However, he did not bother trying to undertake the education himself; it was left to the mother, who has a part-time job and is not terribly well educated. However, she is very conscientious. She got hold of the national curriculum. She tries. That child, whom I know quite well, is really not well-educated. Were the mother to have more support, more information, I am sure that that child would benefit.
The third duty which the local authority would have is to set out the circumstances in which home education is not suitable. Here I refer to the kind of circumstances which my noble friend Lord Adonis described. There are schools where the teachers ought to be doing better. Those schools are where pressure can be brought so that the child can be returned to school. There are circumstances where too much damage has been done to a child, where they are alienated, where the school has not properly coped with bullying. In those cases, properly supported home education is entirely suitable, with support.
The other advantage of the film is that it would ensure that the quality of information across local authorities would be consistent. There would be no postcode short straw in this system.
I suggest to your Lordships that the interests of the majority of the children who are home educated would be better served if this amendment were incorporated. It would help to deliver a proper education for them.
Very briefly, just to comment on the amendment proposed by the noble Baroness, Lady Whitaker, it would be interesting to get some feedback either now or later on why other mediums of passing on information are used. I work in a world where I am not comfortable with information coming in paper form—or, indeed, with any written text—but I have found coping strategies to deal with it. However, a film does not have the stigma of something scary. You can open it up and it is a very good way forward; it can contain quite a lot of information. No matter what else we do, I suggest that somebody takes that idea and keeps it in mind. You should use this medium more often, because it is a great way of getting across the essence of what you are doing. I hope that other people will use it more, and the Government will do it and find ways to explain that it is available. The most disastrous situation is that you get a series of texts telling you where on the web you can find the film explaining the text. It happens.
My Lords, I am very attracted by the amendment proposed by the noble Baroness, Lady Whitaker. It is a very good approach. I urge on my noble friend the Minister, if they are going down this road, that they should make at least the core of it a national film—because why do we want widely different practice towards home educators and attitudes towards home education across the country? I do not think that we do. It is a common problem and there will always be a local gloss on it—particular local facilities and local people and services that need to be drawn attention to. But the basic message that the noble Baroness outlines ought to be something we deliver consistently and across the country, and it should link through to the obligation to provide advice, which the amendment proposed by the noble Lord, Lord Storey, addressed. That is obviously important. We are dealing with particular sets of circumstances—we are dealing with parents who are not expert in the system. Absolutely, they need showing the way through.
Something we might well combine with this educational, supportive attitude to people who are entering into home education is keeping their place open at the school they are thinking of leaving. That can be a really difficult thing. It seals them into home education and seals them off from ways back into the state system if, by coming off-roll in the school and entering into home education, they lose their right to get back into that school. I really do not think it should be such a cliff edge; we should provide a continuing right of the parent to get back. After all, in most cases, the school will still receive funding for the balance of the year for their place, and it absolutely should not be closed off to them. We need time to allow parents to make an informed decision. Many will already have satisfied themselves that they want to do it, but others this is happening to rather willy-nilly, and they ought to have available to them advice, support and time for proper consideration.
I am grateful to the noble Lord, Lord Storey, for touching on the subject of flexi-schooling in his amendment. That is a very interesting way forward. I was encouraged by what the Government said in their consultation, in that it seemed to open up the idea that they might support it. There are some necessary changes to be made, and it ought to be easy for a school to indicate in their returns that a child is being flexi-schooled. At the moment, there is no code that they can use for that purpose; in one way or another, they have to tell an untruth—either they have to say that a child is full time or that the child is absent with leave, whatever else the case might be. There ought to be a way. It signals, as the earlier amendment proposed by the noble Lord, Lord Solely, signalled, the acceptability of flexi-schooling if the Government make provision for it in their coding systems. We shall come on to my views on that in a later amendment.
The noble Lord, Lord Warner, says that we absolutely need registration. I think that we need registration if it is going to achieve something. In all the collection of children whom we do not know about, the children who are being home educated are probably the least vulnerable. By singling them out we are saying, “In some way we think you are the worst—in some way we think you require special attention. In some way, we do not trust you above all others. You are much worse than those who have just been left to wander the streets”.
My Lords, assessment is a serious problem if it is overemphasised in this context. Of the population of children who are home educated, those who have been taken out of school are, almost by definition, divergent. If they were ordinary mainstream children behaving in a mainstream way, there would probably have never arisen any impetus to get them out of school. They come out of school because some problem has arisen; it usually means that there is something—it can be any of a whole range of things—about the child that puts them at the fringes of the national distribution. Those who have come out into home education or are in it for philosophical reasons develop divergence, because they are no longer constrained by the needs of a curriculum that is designed to make schooling possible.
There are all sorts of things about the way we choose to school children that are dictated by the need to have schools that can run with a curriculum that broadly keeps pace with itself across different schools and with a way of doing things that enables a school to understand where it is supposed to be and for us to judge whether it is doing well. There are all sorts of restrictions that do not need to apply to a home-educated child. You will often find children who are streets ahead in some particular area of interests—at age nine or 10 they are doing an Open University course in astrophysics, or whatever it might be. You will also find children who have entirely neglected some aspect of their education until they find a need for it and then they catch up. It becomes a very divergent, varied pattern of achievement.
There is not any sensible way to assess this in a light-touch way by some sort of standard assessment. Assessments are designed to evaluate what is happening in school, where there are a lot of children and statistics are in your favour; the oddities even out and you get some sort of pattern emerging that tells you how the school is doing as a whole. Even then, there are problems, as we have with Progress 8 at the moment, where the system means that the outliers have far too much influence on the average. If you draw Progress 8 out as a bell graph, however, you can see where the weight of a school is and can make a reasonable judgment on the quality of education being provided there. You cannot do that when looking at an individual child, not simply and not just by putting them through a SATs test. You need far more information. If a parent gets to a point where they are arguing with a local authority about a school attendance order and getting the independent advice needed to establish where their child is and what they have achieved, that could cost a couple of thousand quid. This is an immense resource to apply just to check where a child is. It is entirely pointless and destructive to emphasise assessment carried out by those sorts of means.
The assessment to aim for is of professionals having contact with the child—a good school teacher or someone with a decent level of experience who can say, “Yes, I can see how this child is getting on; I can see that they are well educated and that their attitudes are right. I don’t have any problem”. Much the most effective way of organising assessment is to promote contact between professionals and the home-educated children, and to do that by offering all sorts of support so that home-educating parents will find a need for at least some of it. That way, you do not incur much additional cost on assessment; you are providing money for education. To run this sort of assessment process in a way that is fair to the children and the parents would cost a vast amount of money and all it would be spent on is assessment. To run an assessment system that costs much less risks, because you are dealing with children who are way off centre, a vast amount of unfairness for children and parents. It really does not work as a standard assessment system, and I do not think that we should pretend that it does. Good local authorities employ professional people and trust their judgment; that is what we should be looking at. Local authorities that perform less well hire inexperienced people who do not feel confident in their own judgment and therefore run standard forms of assessment. They have no business drawing conclusions from it, but do anyway and then harry the parents as a result. We have to be really careful about what we are asking for by way of assessment.
There is a quite a good exposition of this in the draft guidance that the Government have produced. They do not require any detailed form of assessment. We need to move to a position, however, where we are quite clearly, and in words that local authorities can trust, supporting their professional judgment. Yes, they will get it wrong sometimes—everybody does, including all professionals. But that is fundamentally the best and most sensible thing we can do, and we should make that level of support the default in everything we do.
In assessment we should provide the means to deal with children who have been traumatised by school or who are otherwise emotionally damaged. One should not just take it as read; if it is said that a child will be scarred by meeting a stranger from the local authority, that is not satisfactory evidence on its own. However, we ought to recognise that there are such children, and there ought to be an easy mechanism for a parent to establish that theirs is one such. Frankly, it ought to be part of the support given to them by the National Health Service; if a child has got itself into that sort of position, there ought to be professionals who can back up that judgment. It certainly should not be a local authority’s unfettered right to send some relatively untrained person—certainly untrained in mental health—barging into a delicate situation. However, we need to provide for such situations in what we do.
We ought to take into account in assessment specific respect for parents’ wishes, not as an absolute but as a matter of ordinary courtesy. There are different ways of doing these things, and we ought to adapt to the parents’ way of doing things if we can. The attitude ought to be that it is a collaborative effort, not an imposed effort. We should recognise that assessment is a reflection of the duties imposed on parents by the founding Act and that we ought to tie things into that explicitly and directly. We ought to make sure that where parents are subject to assessment by other agencies, particularly with regard to things like special needs, that assessment can serve both purposes, and should make sure that it is not duplicated.
We also need to understand that in making an assessment, the local authority may need access to information which is sensitive in the family context. There may be absent parents who still have rights of care and access, who should not be able to see things that fall outside their rights and responsibilities. They should not automatically have rights to see all the data that is accumulated as a result of an assessment. This needs to be handled within context.
I feel that we need to look at assessment carefully and that we should not, as the Bill does at the moment, say that you should have “supervised instruction” in numeracy and literacy. Things do not work that way in home education, and they do not have to. What matters is the outcome and not the process, and that we should base our assessments on professional judgment, obtained in the best possible circumstances, and reserving methods of compulsion and intrusion for instances where the local authority has got to the point where it has real concerns. I beg to move.
My Lords, I have a degree of sympathy with this set of amendments. As the noble Lord suggested, some of the problems I see with Clause 2 might be addressed here in some way.
The noble Lord spoke about different types or facets of assessment getting in the way of each other, and that happens. Somebody who has failed at school because of a special educational need often acquires psychological problems—the two of them fit into each other. There is usually not just one thing—it is a package or a spiral, although whether it goes up depends on what is happening. Therefore they have to be taken into account together.
It is essential that we do not get overly prescriptive about people with different learning patterns or needs. If you are to deal with people whose learning patterns and possibilities are different, they will need a different approach, and unless that is taken on board, you will guarantee a degree of failure. The unfortunate thing about schools at the moment is that they are slightly overregulated, which means that you make the possibility —indeed, the probability—of failure higher in certain cases. I therefore hope that the Government and the noble Lord, Lord Soley, are careful to take this on board. If you get prescriptive, you will get it wrong, because you are guaranteeing that your prescription does not fit.
My Lords, Clause 2, and in particular subsection (2), caused me considerable disquiet when first I saw it. Subsection (2) starts with setting out the minimum requirement for home education, which must include,
“reading, writing and numeracy, which takes into account the child’s age”.
Okay, there are some caveats, but my concern is quite simple. I am dyslexic. If you were to put me in a system where I was tested on, for instance, my spelling, I would still be being home educated now. My brain is constructed so that I do not store knowledge easily and cannot deal with it. If you put extra work on to a dyslexic, they will forget more. Problems with short-term memory and recall processes, which allow you to do this, mean they cannot do it. Children with other special educational needs will have other problems, all of them requiring some change in the learning pattern. Subsection (2) mentions “ability” and “aptitude”, but what does that mean here? You would need a complicated assessment to find out.
Special educational needs are mentioned at the end of subsection (2). As I have said before, far too much attention has been paid to education, health and care plans. Noble Lords should remember that they are designed to deal only with those at the extreme end of the spectrum. Most people with a special educational need do not qualify for one and should not. A child could have a fairly minor problem and end up in home education because of an unsympathetic teacher or because something has gone wrong—that can happen, and a child can end up in the wrong place. Dyslexics make up about 10% of the population, and if we include those with other special educational needs, it goes up to around 20%. If we put these requirements on children who need different learning patterns, we will be in trouble. That is especially true for those who do not qualify for assessment or who have not been assessed and where there is an emotional need that gets in the way of that assessment. That is why I do not want this included here. We have spoken already in a previous group about what is going on here and that assessments should be more flexible.
When discussing this with my wife, she pointed out to me, “Oh! If it is just reading and writing, there could be one text”. Let us start with a text that is not too scary: the King James Bible. How many books you would get through before you get to Mein Kampf, I am not sure, but it is a process. Reading, writing and arithmetic are regarded as the bedrock of education, but they can be merely tools to acquire an education. A couple of weekends ago, I was at a conference at which we spoke about dyslexia. The main thrust was that more people can learn to read books than can understand what is inside them. I do not think that that is a very controversial point. These are tools for education. If you are obsessed with these tools and their acquisition, you will get in the way of learning.
Are you allowed, for instance, to have a book read to you by the numerous bits of technology we have? I must declare an interest: the firm that I am chairman of, Microlink, provides such packages. If we are going down this route, with technology that turns text to voice and voice to text, which is a perfectly normal way of dealing with certain things—the way that the blind deal with these things is a very related technology—all of it would be under threat if we have this wording in the Bill.
Overloading somebody who does not respond well to these pressures is almost a guarantee of educational failure. Indeed, that is why many people might be removed from that system and I know have been in the past—a teacher says, “He’s dyslexic. Let’s give him extra spelling”, but they just reinforce failure and make a child more resistant. They have made the problem just that bit worse and they will do it again the next day and the day after that.
This wording cannot be in the Bill. Something that suggests an education would be fine; trying to put down an education that is appropriate, having taken advice, is okay. I am fine with that. But the minute you get these caveats and absolutes you are guaranteeing failure for fairly large groups, even with the best tuition in the world. You do not deal with this problem by doing this. Autistics and dyspraxics have another variation on this. Dyscalculics—that is not an officially recognised term, but that is a battle for another day—will have a problem with numeracy. We need to have a great deal more flexibility than we have now. These words cannot be in the Bill if it is to mean anything and it is not to damage these groups.
I do not want to have to stop this and call a Division. At the moment, I think that this would probably be something that we would look forward to on Report. However, I will do unless there is some way of getting this wording out. If we get this into law, we will create more and worse problems. I beg to move.
I discussed this with the noble Lord, Lord Addington, and I understand his strength of feeling about it. He brings a special knowledge to this, which is important, but I think his fears are overstated. I will explain why again. For a start, the beginning of Clause 2(2) says that,
“the Secretary of State must have regard”.
As he and other Members in the House will know, “must” does not carry the same legislative power as “shall”. Straightaway there is an ability for the Secretary of State or Minister to exercise some restraint.
Very importantly, this is not as absolute as the noble Lord is reading it. He said that there was a difficulty in understanding or interpreting the meaning of words such as “ability”. I put to him that there is not. The clause says,
“reading, writing and numeracy, which takes into account the child’s age”.
That is where he freezes on it and gets quite concerned, but the following matters are really important. They are,
“ability, aptitude and any special educational needs and disabilities”.
Things such as aptitude have to be considered here. Aptitude matters and we know what it means. If a child has school phobia that is an aptitude we have to consider. You could call it a disability if you like, but a phobia is not quite that.
The clause also deals with “any special educational needs” and “ability”. It is now many years since I worked in a hospital for what were then called educationally subnormal children. We would not call them that now; it was very different. The treatment at that time, because we had less knowledge and less use of drugs, was pretty awful but we always made attempts to help those children, who had far greater problems than almost anyone in this House can imagine. We tried to teach them to have some basic understanding of numbers, reading and, where possible, although it was very rare, writing. We can do it. The reason for putting the wording in the Bill is to try to meet the noble Lord’s concerns.
I understand this, though. As I said in an earlier intervention, one of the things that we ought to consider that might give the noble Lord added reassurance on this is to look at the possibility of an appeals system to an independent or totally separate educational body, or even an individual with special knowledge and special skills. If a local authority or an individual welfare officer is doing what the noble Lord most fears, it might be that in the final Bill there should be an appeals mechanism. I ask him to think about that.
The problem with taking out this clause, which is what the noble Lord would do, is that it would leave a lot of other children vulnerable. In trying to protect that group that he is rightly concerned about he would put others at risk. We need children who do not have special problems to be able to read, write and be numerate. We know that in some situations of home education, often for children who have been pushed out of a school, they are not getting that information. The noble Lord is in danger of throwing the baby out with the bathwater. He wants specific attention paid to a small group of children who are very important, but there is a much larger group of children who need to be able to read, write and be numerate. They are often among those people who have been pushed into home education where children are not getting these skills.
I ask the noble Lord to look again at the clause and read it as a whole. It is not an absolute requirement that the Secretary of State is obliged to enforce. It is also true that the Secretary of State has the power to say to the local authority, “You must take these other factors into account, not only age”. You cannot do it just on age, which is what the noble Lord was worried about at first but now feels that this is not enough.
Finally, you have to agree with the parents and the child—that is the second part of it. Clause 2(2)(b) states that,
“the views of children and parents who elect home education”,
must be taken into account. That is why I ask the noble Lord whether he would take away the idea of an independent appeals system. If parents and children felt that it could not work for them, which is what he is worried about, and if, for example, he is right about the case he identified, you will need an appeal mechanism, but you do not want a mechanism which does not allow the provision to happen for other children.
I apologise to the Committee. I should have made it clear that if Amendment 23, which is currently being debated, is agreed to, I will not be able to call the following three amendments, Amendments 24, 25 and 26, by reason of pre-emption.
Perhaps I may respond to that. Although I am severely tempted, I shall not call a Division now. If we put in “an appropriate education” we will cover these points. It will be a building block. If we put it in as an absolute—“must”, “shall”, “will”, whatever you want—we will be dancing on the head of a pin. It depends on the context in which you take it. We know that because we have all done it. I have had 30 years of playing with those words. If we do that and keep in the age-related provision—even if we put caveats after it—we will still have the initial provision, which means you will have to have discussions on it.
The Minister is studiously looking at a piece of paper but perhaps I may ask him whether we have a legal definition of ability and—I am looking for the Bill; it is nice to know that long sight comes to rival dyslexia in my life—aptitude. He says that they are important but I do not think aptitude can come in if you have not had a proper assessment in the first place. You cannot assess aptitude if you do not have the right range of environment to find out what it is.
There are all sorts of problems here. If you have another form of words you do not need those three provisions in the clause because the number of people affected by it—20% of the population have special educational needs but you can probably double that for this group to 40%, or maybe only 30%—is enough to colour this legislation’s effectiveness unless there is something in there to say that you are not going to place this stress on them. Dyslexics are the biggest although not the only group—they are not the only pattern but they are the most commonly occurring pattern—and, unless we deal with this issue, the legislation will fail a large group of its clientele. We cannot have that. Other forms of words can go in such as an “appropriate education”.
If there is an appeal, the group that will have the most problems dealing with it will probably be the dyslexics and—guess what?—it runs in families. We will be creating more problems than we need. Just change that and make sure that it is done. I hope the Minister will give us guidance that the Government will not look unfavourably on this. If we do not change this it will create more problems than we need to have. Perhaps the Minister and the noble Lord, Lord Soley, will have something more positive to say on that comment.
My Lords, perhaps I may speak briefly to my amendments in this group. I share the concerns of the noble Lord, Lord Addington, and hope that the noble Lord, Lord Soley, and my noble friend the Minister will agree to suspend the Bill between Committee and Report until we have the results of the consultation. We will then be able to see in context what this Bill says because this clause in particular will work much better when we have a more expansive sight of the full-blown draft guidance to go with it. As it is, I have real concerns and I would definitely join the noble Lord, Lord Addington, on Report. To allow legislation like this to go forward beyond Report would be a great mistake because we need to know much more.
In particular, in Amendment 24 I seek to leave out the words “supervised instruction”. It is just not appropriate for many of these children. It is not the way it is done or the way they learn. They may well be learning entirely by themselves, but what matters is that they are learning. Numeracy, literacy and writing are absolutely core and we should not let children come out of home education illiterate, but we ought not to be prescribing the process; we ought to be prescribing the outcome.
In framing the guidance we must have regard to the whole range of support. The fact that support is available makes much clearer guidance possible because we are not trying to push parents back into taking up patently unsatisfactory school provision; rather, we would be giving them a clear and supportive alternative. Under those circumstances, it is reasonable to make demands of them, but it very much depends on that.
Lastly, I want to draw attention to flexi-schooling, which is one of the possible answers to this issue. I had a helpful conversation with the right reverend Prelate the Bishop of Ely. The Church of England is willing to be extremely supportive of this proposal. It has a lot of small rural schools and many of them would really like to become involved in the provision of flexi-schooling, which would suit them well. They are small enough to be flexible and they can provide an environment with space and freedom which will suit many children who feel oppressed by a more restricted city school environment. Also, not many of those schools, in particular the good ones, have the time and space available to do things slightly differently for home-educated children. It also fits well with the provision that these rural schools are already making for Travellers and others for whom a non-traditional education pattern works well.
I would really encourage my noble friend the Minister to talk seriously with the Church of England to see what can be done to establish a pattern for the support of flexi-schooling. Indeed, I do not think that much is needed other than the comfort of knowing that it is a form of education of which the Government approve. Frankly, if a child is receiving flexi-schooling for a couple of days a week, all the worries about whether that child is visible would disappear along with knowing about the quality of their education because they would be closely and properly observed by educational professionals. It is a very good solution to many of the problems that this Bill sets out to tackle. It will not apply in every case, but it is a facility that we should encourage.
My Lords, given that assurance and the fact that we are going to take a look at this issue, I shall reserve my position to take action at a later point. I beg leave to withdraw the amendment.
(6 years, 7 months ago)
Lords ChamberTo ask Her Majesty’s Government whether only students with education, health and care plans are regarded as having the need for support when undertaking an apprenticeship; and if so, why.
I beg leave to ask the Question standing in my name on the Order Paper and draw the House’s attention to my declared interests.
My Lords, ensuring that apprenticeships are open to people from a wide range of backgrounds is a priority for this Government. We provide specific financial support and flexibility for apprenticeships with education, health and care plans. We also provide support to care leavers, 16 to 18 year-olds and those in disadvantaged areas. In addition, training providers can access additional learning support for a wider group of learners with learning difficulties and disabilities.
My Lords, I thank the Minister for that Answer. Is he aware that the British Dyslexia Association is discovering that only those who have the plans are having training provided for them and that all the training units that are going through are being concentrated on this group? The plan itself is designed for about 3% of the population who are taking this, and 12% have learning disabilities of some description. That means that 9% of those taking this are not getting support. Is this sensible?
My Lords, there is a range of broader supports available to apprentices with learning difficulties who are not necessarily on an education, health and care plan. There are four particular areas that are broader: they are not just for apprentices but are appropriate for apprentices. First, there is a legal duty on employers and providers to take account of any reasonable adjustments, such as extra time needed in exams. There is additional learning support, initially of £150 a month, but this can be increased through the earnings adjustment statement, up to £19,000 a year, assessed by the training provider and approved by the ESFA. There is a programme called Access to Work which involves, in particular, a letter from the Department for Work and Pensions given to the individual with a disability to give to his or her employer, and this can provide financial support of up to £42,000 a year to help with holding down a job.
(6 years, 8 months ago)
Lords ChamberMy Lords, I thank the most reverend Primate the Archbishop of Canterbury for opening this debate. He compared himself to the John Lewis advert, being looked forward to. Let us rather say that he is very much looked forward to here—maybe a wider audience should know about this and more people should tune in. He started off by talking about having a big picture and a vision, which is important. Other noble Lords have described their visions, which have agreed or disagreed with his, but mainly they have overlapped—we have a grand vision or strategy for education.
I will concentrate on a few practical issues which relate to specific groups. Many noble Lords will have guessed that I will talk about dyslexia and special educational needs, and I refer the House to my interests in these fields. With this large group, if you get it wrong, the following chain of events—the rest of your commands, and so on—do not work. I will start by asking a couple of questions that I have warned the Minister I would ask.
How are we doing on making sure that our teaching profession is better prepared to handle these diverse groups? They have different learning patterns, which means that when they get into the classroom, the efficient, established, traditional ways of teaching the mainstream do not work for them. About 10% are dyslexics, and then you have co-occurrence—comorbidity is the official term—with other groups such as dyspraxics, which is due to poor muscle control. Do teachers know how to tell if somebody cannot spell something correctly because they cannot hold the pen any longer or do not understand what the symbols mean? That is a skill that is very difficult to establish. When it comes to dyscalculia, does somebody not understand the maths in front of them because they cannot remember the equation? Is it dyslexia, or is it someone with dyscalculia who does not understand the concept of numbers? You are asking a lot of somebody there.
Changes in education were announced in A Framework of Core Content for Initial Teacher Training, published last year. It is rather a dry document but, importantly, it contains a commitment to people gaining better knowledge in this training. How far has that been developed? How far has it become ingrained? How far is it going? If we relied on initial teacher training, we would have a properly educated teaching workforce within roughly two decades. The noble Lord, Lord Bird, who is no longer in his place, made a very important point. He said that failure is incredibly expensive at all levels. People are failed not only in the school system but in the job market through unemployment. How are we driving this important training, and what is happening with continuing professional development to back up that initial teacher training? That is important because, without it, you will not enable people to benefit from any type of education.
Moving on through the educational process to further education, we have an interesting situation with apprenticeships. I have form when it comes to apprenticeships and dyslexia. Many people here will be wincing and saying, “Not that again”—my noble friend laughs, and well she might. After many years, the law of unintended consequences came in in 2009 with the apprenticeships Bill, which said that everybody should have English and maths qualifications. At the time, I asked, “Are you going to make every dyslexic pass an English paper?”. The reply was, “Of course we won’t”, but when the Bill was enacted, that is exactly what happened and people failed.
It was not until 2014 that that changed with the introduction of the Children and Families Act. Noble Lords may well ask why I am raising that again. I am doing so because the new guidelines for apprenticeships say that only those with an education, health and care plan or the old statement will get help. Returning to what I said at the beginning, it is an established fact within the education system that most people with a hidden educational problem such as dyslexia, dyspraxia or ADHD—you name it—are not considered sufficiently in need of a plan or statement. The vast majority in this group will not be covered, so once again failure has been guaranteed. The cock-up school of history comes to mind. Is something else going to be brought in which means there will be no help?
It is not just a case of working harder; your brain is differently constructed—the neurones do not connect together. You can improve the problem but you will never remove it. Schools resist having a high level of identification because it affects their budgets, and generally middle-class parents—the tiger parents—tear through and get the problem identified. We are guaranteeing that the groups with the lowest levels of attainment and the highest levels of failure will, again, be further punished. That cannot be right. Can the Minister give me an assurance that the Government will address the need for better forms of identification of problems that affect the general population? Clearly, further education and mainstream schooling are not talking to each other. I do not know which is breaking the Equality Act most, but they are definitely doing it. There are people with problems that are not being addressed.
I could go on to one or two of the problems in higher education, but I have run out of time and there is a question coming up next Thursday; I believe seats are still available. Will the Minister assure me that the problem with apprenticeships will be addressed? If he cannot we will go back to square 1—or maybe not square 1, but at most 1A.
(6 years, 8 months ago)
Lords ChamberMy Lords, when I decided to put my name down for this debate, I had a series of points that I wanted to make. It does not usually happen, but my noble friend must have been reading the same papers, because he has covered most of my points already. However, one or two things did come across on this scheme.
I was personally rather surprised about the emphasis on term times. Surely if you have a preschool child, having some consistency of approach out of term might be better: 22.8 hours across the entire year might be more helpful to those families.
What really struck me, however, was the same issue that my noble friend raised, but for slightly different reasons: that is, about the graduate-level training of those who are leading these developments. The simple reason is that, if we look at the snappily titled document Statutory Framework for the Early Years Foundation Stage and take a quick look at the number of things you are supposed to be aware of when working in this area, it is quite an impressive list: communication and language; physical development; personal, social and emotional development; literacy; mathematics; understanding the world—if you have mastered that in your early years, you are doing very well; and expressive arts and design. That is quite a big ask for somebody with NVQ level 2 training. How will you get the development there without high-quality training for at least the leadership of any institution? How will you develop this?
On more familiar territory for myself, my noble friend once again mentioned things such as mental health. However, with any problem you get, if you get it early, generally speaking you deal with it better or at least put coping strategies in place that allow you to deal with it. One of my personal clichés is that we deal with the most severe problems when it comes to disability better than we deal with the minor or less severe ones, when people are just coping. However, if you can identify them in the early years—which requires good training; a degree level course might be a good start—you may be able to do better. Autism at the more severe end will manifest itself early in life. However, for those who have Asperger’s syndrome—the high-functioning, who may well have had major problems with interaction throughout their life—this will develop at any stage when they have others around them. Are we doing something to identify them? The same can be true of dyspraxia, for instance. We can certainly ask, “Do you have co-ordination problems? Are you doing things? How do you develop? How do you move?”. We can go on and on here. For once, dyslexia will not manifest itself that early, but people are asking why we do not try to identify it earlier and earlier, especially if we do literacy. If we have people who are well-trained, they will be able to support, make interventions and get strategies in place.
Anybody who deals with mainstream disability comes across this situation. You go and talk to a group of parents—usually the Tiger parents lead this—and they will say, “I said, ‘Why isn’t my child doing things properly?’, I took it to the teacher, and then we found out that there might be something wrong”. In early years education, this is an opportunity for the teacher to say to the parent, “By the way, I think something might be wrong”. The advantage of that is that, with things like autism in particular, there is often cultural resistance to it. Resistance in certain ethnic groups has been high and is fairly well documented. If we get somebody well-trained to intervene early, you will have less of the cliff edge and things falling over it. I hope that we can look at doing that and develop it over the next few years to make sure that there are people who are trained to spot these conditions early on. If you get your strategies in place, you will lessen the effect.
As regards the structure of the courses, I see that you have to apply online. The help here will be of most benefit to those on lower incomes. I was wondering whether we should do a little test, such as: if you are applying online, can you do it on a fairly bog-standard mobile phone when sitting down and using somebody else’s wi-fi, or do you have to have a fairly good computer and good computer skills? If it requires fairly high-level computer skills and a good computer, you are effectively cutting out most of your client group, because they cannot get at it. The Minister may say that there is a helpline, but we know that helplines get blocked up and that often, if people have to pay for the phone call—we have had lots of fun with that over the last few months—will find themselves not taking it up. I hope that the Government and the Minister can assure me today that somebody has been looking into how easy it is to access this help and structure. If you make things difficult, you always miss those who will benefit most from it. I look forward to the Minister’s speech.
(6 years, 9 months ago)
Lords ChamberMy Lords, we have put particular emphasis on technical skills with the announcement of our T-level programme, which will begin in two years’ time. By 2020, we will be spending an additional half billion pounds a year on technical education.
My Lords, if somebody receives their training in a classroom-based situation, how will they receive the extra tuition required to teach design, art and crafts unless they are in those classrooms? The Minister is not addressing that.
My Lords, in 2014 we asked Sir Andrew Carter to chair an independent review of the quality of ITT courses. Following on from that we have issued three reports in our efforts to improve the framework. We have the framework on the core content of ITT, new behaviour management content and national standards for school-based ITT mentors.
(6 years, 9 months ago)
Lords ChamberMy Lords, the noble Lord, Lord Baker, has the habit of stealing everybody else’s thunder—but I have never seen him take out the entire Government Whips Office before. There we are: we live and we learn.
The Bill is very interesting and undoubtedly the best thing about it, and something that must be carried on, is the heading of Clause 1: “Duty of local authorities to monitor children receiving elective home education”. The noble Lord, Lord Soley, has effectively put his finger on something of a black hole. We do not know how many children are in this group. We do not know what is happening to them and that is really where we should have concern. Indeed, if only a one-clause Bill comes out of this with only that and some form of basic inspection or chasing up in it, we will have done a very good service to the entire education structure.
I say that because the minute you start looking into something you suddenly find something that affects the little world that I come from, with my interests as a dyslexic and president of the British Dyslexia Association and my business interests in assistive technology. In relation to Clause 2(2) and monitoring and support for education—that is, reading, writing and numeracy—it has to be said that the general provision within the educational establishment for supporting those with special educational needs is patchy at best. The framework for the core content of initial teacher training was put out in July last year. Section 5 mentions for the first time that a few of the most common SENDs should be included in teacher training. It is that tenuous. If you have an institution such as this, how in hell is it going to monitor that you are doing this properly if you have taken your child out of the education system because it is not doing it? Suddenly, with the best of intentions, the noble Lord, Lord Soley, has caught his toe in a bear trap. However, I am prepared to prise it open for him by saying that the monitoring of education, and some reference to it if he wants to keep it in there, would be better.
Now that we have good voice to text/text to voice technology, there is an argument about when you start using it for a child who is severely dyslexic—to go to what I know best. There is a huge argument there. “No, you must have spelling standards”. Let me give a personal example: my daughter’s spelling was better than mine when she was seven. A person who has anywhere near the degree of problem I have—very few do—is never going to learn to spell or write correctly, and the correct thing for them to do is to start using the very up-to-date technology that is creeping into everything now and is becoming more mainstream. You would not ask somebody in a wheelchair to complete a cross-country course, so you have to be careful about this. That is a traditional group, as the noble Lord, Lord Baker, said. We have both come across it; we have both met people who have taken their children out of those situations because the school cannot cope, will not cope, does not have the money or does not understand. It goes on and on. That group must be catered for in this because they are doing the state a service by providing relevant help. The noble Lord, Lord Soley, has acknowledged that. We have to make sure we take it into account.
However, I agree with everything else that the noble Lord, Lord Baker, said. I suspect that we have been briefed by similar people because I have many of the same points—of course not made as well, but there we are.
People are disappearing—I will come back to the point about special educational needs—into very substandard education. As the noble Lord pointed out, children, too, have rights in education. Lots of arguments are going on about inclusion. I have always said that the child’s right to an education comes first. We should bear that in mind. I hope that we will be able to bring this forward—but if you want to take a journey, you should start well. The first line of the Bill of the noble Lord, Lord Soley, is a very good start. If we can take that and develop it, we will be going down the right path.
I hope that the Minister, when he answers, will be able to let me know how we are progressing on initial teacher training. I have not given him any warning of this question, so a letter will be fine. I hope we will be able to go on about that so that we can get an understanding about how that core group, which used to dominate this market, is being dealt with in the current education system, and also get an idea of the thinking about people who are taking spurious steps and, particularly, about private schools which are operating under the cover of home education. In the future, we need to talk more about those two things that have come out of the Bill.
(6 years, 9 months ago)
Lords ChamberTo ask Her Majesty’s Government why dyslexic students have to pay for an assessment for disabled students’ allowance when other disabled students do not.
My Lords, I beg leave to ask the Question standing in my name on the Order Paper, and I draw the House’s attention to my declared interests.
My Lords, all students are required to prove their eligibility for disabled students’ allowances. This applies to all students, including those with specific learning difficulties such as dyslexia and dyspraxia. DSA funding is not available to any student to pay for evidence to establish eligibility. DSAs continue to provide funding for eligible dyslexic higher education students to access IT equipment as well as software and other support.
I thank the Minister for that reply. However, if you have already had a diagnosis—for instance, in primary school—have received assistance for dyslexia or a SpLD condition throughout your education, including assistance in the exams that get you to university, what possible justification is there for a further assessment that you have to pay for to get the assessed help at university?
The noble Lord, Lord Addington, has great expertise in this area, both as president of the dyslexia association and in other commercial interests, so I defer to his superior knowledge. I reassure him that many universities now offer hardship funds for these tests. Perhaps I may quote from the University of East Anglia, which states:
“The cost to students for the 2017/18 academic year will be £30.00 for the screening and £70.00 for the Educational Psychologist or Psychiatrist assessment”.
As I previously mentioned, the view was that adults’ needs change: an initial diagnosis in childhood may not apply in adulthood.
My Lords, just to be clear, I think that the House should know that you can be charged up to £600 for this assessment, when you already have a history of being assessed. This was a very old system; I do not know exactly when it came in. Does the Minister agree that it is well overdue that we look at this again?
(7 years, 1 month ago)
Lords ChamberTo ask Her Majesty’s Government, in the light of the recommendations on pay made by the School Teachers’ Review Body, what action they will take to increase teacher recruitment and retention.
My Lords, teaching is and remains an attractive graduate profession. Despite the dramatic improvement in the economy, more teachers are in our schools than ever before, over 15,000 more than in 2010. However, we are not complacent, which is why we continue to invest, including more than £200 million this year, in attracting the brightest and the best into teaching and on tackling the areas that cause teachers to leave the profession, in particular that of workload.
My Lords, I thank the Minister for his Answer. Figures I have obtained show that between 2010 and 2015 we trained 117,000 teachers and that we have lost 27,000 of them. Does the Minister think that this is due primarily to workload or to pay?
It is quite clear that teacher retention rates have remained pretty stable over the past 20 years. We live in a world where people do move between jobs a lot, but there is no evidence to suggest that teacher retention has declined in recent years. Moreover, we are doing a great deal of work with teachers, including running an active programme in order to reduce workload.