Education Bill

Lord Bishop of Chester Excerpts

Monday 11th July 2011 Grand Committee

[Baroness Benjamin]

I, too, support what the noble Baroness, Lady Perry, said about the wonderful work that teachers do in school and how they use their gift of imparting education to make a difference to children’s lives. That is very evident in the many schools that I have visited. However, when I go into schools to give inspirational talks, many children automatically want to hug me. We need to be clear that this amendment is directed not just at teachers but at people like me who go into schools. We need to be sure that we are not committing a criminal act if a child hugs us and we want to hug that child back.

[The Lord Bishop of Chester]

My Lords, I want to pick up the reference of the noble Earl, Lord Listowel, to professionalism. Over the past 25 years since 1986 we have seen a whole torrent of legislation on schools, which has had a cumulative effect of undermining the professionalism of teachers. In many ways, I see the Government trying to reclaim that ground. It seems to me that fundamental to any guidance on this issue is that we start from the position that teachers are professionals and that they use their judgment. The rest is a case of trying to fill that out, as it were, rather than tackling the matter the other way round, which subtly undermines the very professionalism that should be at the heart of education. I hope that in due course that approach will result in fewer education Acts.

[Lord Griffiths of Burry Port]

I wish to refer to a body of people who have not been mentioned in the debate thus far but are mentioned in the amendment. Since the thrust of the Bill as a whole seems to be pushing towards more free-standing governance of schools, we should consider what ought to be the remit of schools’ governing bodies in respect of this matter. We can all agree that we must pay tribute to teachers’ excellence and recognise the natural affinities that lead to physical contact at different times, which have been mentioned. However, if the governing body is to pick up tangible responsibility for interpreting and applying conduct in this area, not only must teachers be supported by senior members of staff and head teachers but the relationship with the governing body has to be addressed.

This can be a touchy business—sorry, that was not meant to be a pun—if there has been a recent incident in the locality and emotions can be highly charged. I have sat on governing bodies which have dealt not just with the case before us but with all the accumulated stuff that arises from a consideration, and often press reportage, of things that may have happened outside the remit of the school but in the locality. The systems devised in this Bill and in the previous Bill do not give enough attention to governing bodies. If we are to have more free-standing schools and academies, we must be sure that governance by the governing body is given adequate consideration.

I have been a governor for 30 years and am a chairman of trustees and know that even gathering the relevant skills round a table is difficult in the inner cities. Giving governors the remit and guidance on how to apply various aspects of their functions is difficult and will also be difficult in this area. To state on the face of the Bill that the governing body,

“may adapt and promulgate rules on physical contact”,

may be enough but governing bodies have to be equipped to apply that statement adequately and responsibly.