Schools Bill [HL]

Lord Bishop of Durham Excerpts

2nd reading & Lords Hansard - Part one
Monday 23rd May 2022 Lords Chamber

[The Lord Bishop of Durham]

My Lords, I declare my specific interest as chair of the National Society. Noble Lords will know that the Church of England started mass education for the poor in England in 1811 through the work of the National Society. We built thousands of schools which have been at the heart of our commitment to the common good ever since. The state joined in this educational endeavour 50 years later. A strong mutual relationship developed, culminating in the dual system settlement in the 1944 Education Act.

Since a Labour Government introduced academies in the early 2000s, that system has been evolving but bringing complexity and fragmentation. Free schools added to this. Academies started as an innovation to bring fresh approaches to improve outcomes, especially for children in the most disadvantaged areas. There has been much success, although not in every case. Academies are now the predominant school type. As the system moves towards all schools being academies in a strong trust, it is right that we give detailed attention to ensure that academies are placed within a firm legislative context rather than rely on the largely contractual nature of the present arrangements.

One-third of our 4,700 schools are academies, but, with two-thirds still to convert, our schools need to know that the future of the partnership between Church and state, and the principles maintained since the 1944 Act, remain secure with sufficient safeguards. We welcome the comprehensive clauses relating to schools with a religious character. They set out how that settlement between Church and state continues when much of the existing maintained legislation can no longer be used as the basis for their operation.

We are very grateful for the way in which DfE Ministers and officials have engaged with us so that the areas of policy with specific relevance to the future of schools on sites that have been provided by the Churches are addressed. These include the governance, both individual and within MATs, the arrangements for worship and religious education and the question of land ownership. The Minister will understand that in Committee we will continue to test that the detail in the Bill fulfils that need, including ensuring that guarantees are in the Bill and not simply left to regulations. This may mean bringing amendments where we consider change is required.

We are not only interested though in the parts of the Bill which relate specifically to the schools provided by the Church of England, the Catholic Church and other faith communities. Our vision is for the common good and the best possible educational outcomes for every child. Church members work in all types of schools, parishes engage with all character of schools and our training is accessed by teachers and heads from schools other than our own.

We have a clear vision that education is for every child to experience life in all its fullness. It is for wisdom, not simply knowledge. This means enabling children to be creative, enjoy sport, build strong relationships, explore spirituality and learn languages, alongside equipping them with numeracy and literacy and preparing them for the world of work. When we reduce education to simply being about literacy, numeracy and the workplace, we sell children short.

We know that giving children a safe, loving environment in which to learn is essential, so knowing where children are matters. Thus, attendance and registration are important, but the collection and use of data needs careful consideration to make sure that the balance between safeguarding and freedom of choice is maintained. This will include the right to home education, which is significant for some children. The right reverend Prelate the Bishop of St Albans, who cannot be present today, plans to engage further in Committee on this. With many families struggling to juggle complex issues of poverty, additional health or special educational needs, we need the state to provide support, not simply punitive measures to enforce attendance.

Every child having a good teacher is at the heart of the Government’s strategy, but I am concerned that the current process of reaccrediting initial teacher education providers seems somewhat flawed, with many established providers being unsuccessful in the first round. This is likely to exacerbate the teacher supply crisis.

It is vital to ensure the sufficiency of teacher education provision; then those teachers need to be inspired, developed and given the maximum resources possible to deliver excellent education in every single school. The proposed changes to the funding system describe how the funding will be used and distributed. We need to ensure that such provision works for schools in areas of disadvantage and for the huge number of small schools that are at the heart of our rural communities. We cannot escape the hard reality that, with all the pressures on school budgets, the reforms and aspirations of the Government will be made possible only if we invest courageously in the education of our children. We need a big vision for our schools, and we need to ensure that this legislation is the best that it can be to effect that vision.

Schools Bill [HL]

Lord Bishop of Durham Excerpts

Committee stage
Wednesday 8th June 2022 Lords Chamber

The only accountability I understand, unashamedly—it may be old fashioned, but I am not afraid of that—is local accountability that looks at schools as responsible not simply for their own education but for the education of the whole community and the interrelationship between schools. To me, that was at the heart of it. We are not discussing those arguments today, and I will certainly not try to develop them, but my noble friend put her finger on it, and I hope the Minister responds. This is a new school system, and it is one without accountability because the accountability offered—the Secretary of State—can be only fictitious accountability.

[The Lord Bishop of Durham]

My Lords, I have to declare my interest as chair of the National Society, which oversees Church of England schools, although obviously they are all devolved around each diocesan board. I also apologise that I cannot be here for days two and three in Committee. I have a long-standing family holiday booked, and my marriage and parenthood are more important. I assure noble Lords that things will be covered by other Members on these Benches.

I have been told clearly by Members of this House that I should be very concerned about Clause 1, and indeed Clauses 2, 3, 4, 5, 6, 7, 8 and so on. Because of the nature of the people who have expressed those concerns, I listened very carefully. However, in principle I am persuaded that the move towards full academisation warrants the Secretary of State being given some additional powers. I disagree with a large number here: I think the direction of travel is abundantly clear. It is full academisation. If that is the direction of travel, we need to ensure that system is appropriately covered.

The Secretary of State has always had some powers. For example, because of the new Diocesan Boards of Education Measure, all dioceses have recently had to produce a new diocesan board of education scheme. Every single one of those has had to be submitted to the Secretary of State to sign off. Not in one instance has the Secretary of State asked any questions back of any diocese because, with the process that has been gone through, the schemes never landed on the Secretary of State’s desk until we knew that they would be happily signed off. So some powers already exist, and there is an argument that some need to exist in what is the emerging new system. We have to move away from the contract-by-contract basis that we are currently operating with academies. To put them all on a statutory basis makes complete sense.

That said, along with everyone else, I express deep concern about the way the clause is drafted. Oddly, it is both too loose—what are “examples” in legislation?—and too prescriptive and interfering. Somewhere, that balance has gone completely skew-whiff in the way it is worded.

Clear boundaries need to be established. I have looked and thought very carefully and, contrary to the noble Lord, Lord Young, I think that the Amendment 1 is correct in saying “must”, but it has to then go with Amendments 3, 6, 9 and 13—and possibly Amendment 11, which is in a different group. We need it clearly stated, and these seem very clear around what standards should be set—and then they will leave academies free in all the ways in which we have said that they need to be free to set a lot of their policies.

I hope that the Minister and the whole team will be open to taking these amendments and the concerns raised seriously and that they will return on Report with a very different Clause 1. I hear what was said about not returning to Report until the autumn, and I think that is very wise advice.

[Baroness Bennett of Manor Castle (GP)]

I rise towards what I imagine is the end of a very rich and telling debate. We have seen huge expressions of concern about this Bill, and particularly the initial stages of it, from all sides of your Lordships’ House. I agree with the noble Baroness, Lady Morris, about the difficulty of amending the Bill. I am working with a number of campaign groups and parent groups, trying to work out how to deal with the lack of clarity, the incoherence and contradictoriness of so much of the Bill, and it is proving very difficult. I apologise in advance that, normally, I try to put down all my amendments before the first day in Committee, but I have not managed it this time, because there is so much—and so much concern out there.

I shall try not to repeat what has already been said by others, but I have to begin the debate on this Bill by reflecting back on my 10 year-old self. When I was 10 years old, I was absolutely fascinated by and loved lungfish. They are absolutely amazing and fascinating creatures, and I remain amazed and fascinated by them, but I do not believe that every child in this country should be made to learn about lungfish. That picks up the point made by the noble Baroness, Lady Chapman. Many of us have things that we think that everybody should know, but the person who should help children to discover the things that they are interested in—the teacher in the classroom with them—is the person who can best help every child to learn what fascinates them, what interests them and what will be of use to them and their community. Clause 1, in particular, is heading in the opposite direction.

I attached my name to Amendment 13, in the names of the noble Baronesses, Lady Chapman of Darlington and Lady Wilcox of Newport, as a bit of a sample and a case study. This is where the Secretary of State is given the power to direct the amount of teaching across the school year. Let us think about the very different situations in which schools find themselves at this moment—although it could be at any time—at the tail-end of a hugely destructive and damaging pandemic. Let us think about a small rural school to which pupils have to travel very long distances from a very young age, with long travel times and difficult travel. How can a Secretary of State sitting here in Westminster say, “You have to do this many hours”, even when the head teacher and the other teachers know that their pupils are exhausted, worn out and struggling? There needs to be a balance in people’s lives and a balance in the way of teaching.

I am thinking about the idea that you can apply one rule to something as simple as the number of hours of teaching in a year. How do you classify what teaching is? Of a day spent going out walking through a national park and exploring it without any particular formal curriculum elements, but giving pupils the chance really to experience and be in nature, is a Secretary of State going to say that it does not count in their hours? How can that possibly work?

I want to pick up on one interesting point that the noble Lord, Lord Knight of Weymouth, made about Ofsted. He suggested that it could just inspect multi-academy trusts under the Government’s proposal. Now, the Green Party wants to abolish Ofsted but what the noble Lord proposed might be a really interesting step along the way, given that we know how immensely damaging Ofsted’s visits to individual schools are. I do not agree with making every school become an academy or part of a multi-academy trust, but that is a really interesting example of the way that this whole debate has run, and of how the Bill is half-baked and not thought through. There are so many possibilities and different ways in which it might develop.

I want to say one final thing. Perhaps to the surprise of the House, I am going to bring up Brexit—not because education ever had anything to do with the European Union but because the slogan that essentially decided the result of the Brexit referendum was “Take back control”. I do not think people were really thinking then, or think now, that the right thing is to have taking back control mean that the Secretary of State for Education has control, at a fine, detailed level, of the education of every child in this country.

--- Later in debate ---

[Baroness Morris of Yardley (Lab)]

My Lords, I have a specific question about Clause 1(6). It is odd to say that a standard may not be set about determining whether academy grammar schools should retain selective admission arrangements. When I first read that, I understood it as an assurance to grammar schools with selective admission arrangements that this was not an intention to change them, in the same way that there is an assurance to faith schools in the same clause. However, I want reassurance that this would not prevent any future Government changing the law if they wished to abolish selective education.

[The Lord Bishop of Durham]

My Lords, I thank the noble Lord, Lord Baker, for something he said in his speech that helped me understand why I am more half-hearted in my support than others. I hope he will forgive me if I misquote him, but he implied that there had been no thought about areas that could be badly affected, including faith schools, until later. Actually, the Secretary of State and the Minister have been incredibly helpful and supportive in discussions with us about some of the later clauses. The department recognised that there are growing issues connected with voluntary-aided and voluntary-controlled schools and the move to MATs, which need to be dealt with and must be dealt with by legislation. Our experience has been of working behind the scenes with Ministers and officials in a very positive and helpful manner. That perhaps explains why we approach it more positively. Therefore, I say thank you and completely support the noble Lord’s Amendment 27A on the same basis—that these schools should have the protections.

However, picking up the concerns I expressed earlier about the overreach of the Secretary of State’s powers proposed here, I support the thrust and purpose of Amendment 2. The period is possibly too long but that is debatable. It is a proposal that helps to protect. It enables others from the sector to engage with us and for us all to express our opinions about proposed regulations, so that those regulations can be properly debated, the report can come back and the regulations can be amended. Amendment 2 is a really helpful proposal in principle, to assist with the restriction of the Secretary of State’s power.

[Baroness Meacher (CB)]

My Lords, I support the intention of the noble Lord, Lord Hunt of Kings Heath, to oppose the question that Clause 1 stand part of the Bill. I declare an interest as a member of the Delegated Powers and Regulatory Reform Committee, which has produced a highly critical report on the Bill. The noble Lord, Lord Hunt, alluded to this in many ways and I will try to avoid replicating what he said. However, I need to say that this report was exceptionally critical and that the committee sees the Bill very much as an outlier, and one we hope and expect that the Government will revisit.

I draw to the attention of the Committee and of the Minister an important 30-year review of delegated powers undertaken by the Delegated Powers Committee, which reported on 24 November last year. It was the first time such a review had ever been done and that report showed a steady diminution of democracy and of the powers of Parliament, and an ever-greater accretion of power to Ministers. Quite interestingly, the report is called Democracy Denied? This is an important issue and not a minor matter. We are talking about our democracy and we are losing it: that is the reality set out in that 30-year review. I hope the Minister and the Bill team read that, if they have not already.

The report points out the urgency of the need to redress this balance and shift power back towards Parliament and away from Ministers. Yet here we are, six months after its publication, with Clause 1(1)—an extreme and deeply concerning example of the skeleton Bill approach. One of the main criticisms in that 30-year review is the growing use of all sorts of delegated powers, but skeleton Bills in particular. Clause 1 provides no indication of what academy standards will look like or the principles upon which they will be based. In my view, and other noble Lords have said this clearly, Clause 1 should not stand part of the Bill.

The noble Lord, Lord Hunt, referred to the department’s memorandum attempting to explain why these delegations of powers are necessary. I want to spell out in more detail one of the two points the memorandum makes: there is a need for haste and to adjust as changes in educational needs evolve. Its real point is that you need principles and key standards in the Bill, then regulations are used to amend those standards—but not the principles; I hope the principles remain. It would be a big step forward from this, if we had a set of principles within which amendments might be laid. The speed issue, which is the department’s excuse for this level of delegation, is entirely unacceptable. The Delegated Powers Committee was clear on that point.

I think we have said enough about that, so I will move on to my Amendment 32 in this group. Again, I support the noble Lord, Lord Hunt, in his opposition to Clause 3 standing part. Amendment 32 is very important because it focuses on the Henry VIII powers in the Bill. The 30-year review focused strongly on the unacceptable nature of Henry VIII powers. Basically, the Secretary of State is saying that the Government do not want Parliament involved in wholesale reform, such as changes to Acts of Parliament over the years, but to get on and do that sort of stuff themselves. That is unacceptable, as noble Lords know and as the noble Lord, Lord Hunt, alluded to.

Statutory instruments have very little scrutiny; we are not allowed to amend them, but we can reject them, as my amendment on tax credits did. We rejected the statutory instrument. As the noble Lord, Lord Hunt, suggested, we were threatened with abolition; we had the Strathclyde review and were going to lose all our powers. The whole earth seemed to have been turned upside down, simply because we had deferred acceptance of those regulations. We know the scope for reviewing statutory instruments is incredibly limited compared with the detailed scrutiny that we can give to Bills. The idea of these Henry VIII powers within the context of a skeleton Bill is really quite shocking.

The Delegated Powers Committee is not the first committee to have drawn attention to the appalling nature of Henry VIII powers and the unacceptability of them, and here we have rafts of Henry VIII powers. The Donoughmore committee said that a Minister had to justify a Henry VIII power “up to the hilt” and that such powers should not be used “unless demonstrably essential”—not useful, but essential. As already alluded to by the noble Lord, Lord Hunt, the department’s memorandum utterly and completely failed to argue successfully that these Henry VIII powers are essential, as they simply are not. That is why we cannot accept what is going on here. The department argues the need to act swiftly, but I have already made the point that this can be done perfectly well by including the basic material in the Bill. There is an absence of policy development and the deferral of its creation, with it being left to Ministers. Clause 3 has to be completely rewritten and cannot be left as it stands. I therefore support the plan of the noble Lord, Lord Hunt, for it not to stand part of the Bill.

Exceptionally, the Delegated Powers Committee forwarded its report to the Secretary of State for Education personally. To my knowledge, we have never done that before. We do not do it, actually, but we felt that this case was extraordinary, in the skeletal nature of the central part of the Bill, combined with its Henry VIII clauses.

The Secretary of State replied to the committee’s report and said that he is taking note of our concerns. I find that helpful and I warmly welcome the approach of our Minister and of the Secretary of State. I, for one, as I am sure do all noble Lords, want to work with Ministers to ensure the yawning and total gaps in Clause 1(1) can be filled before Report. Deferring Report to the autumn is an interesting idea as, by this time, I hope there would be substance in the Bill that we could all debate as we should—by holding Ministers to account.

Schools Bill [HL]

Lord Bishop of Durham Excerpts

Committee stage & Lords Hansard - Part 1
Monday 20th June 2022 Lords Chamber

None of this is easy. For example, it will take us into sensitive discussions about the difference between integration and assimilation. It will require us to establish red lines that we then have to be prepared to defend, painful and controversial though that might sometimes be. But today the noble and right reverend Lord, Lord Harries, has performed a valuable service by keeping this debate alive. The consequences of this debate will play a critical role in maintaining a country that is at ease with itself. That is why he has my support for Amendment 168.

[The Lord Bishop of Durham]

My Lords, having said to the Minister that I would be quiet today, I had forgotten that this group did not get debated last week when I was away. I support all these amendments. It is a privilege to follow the noble Lord, Lord Hodgson of Astley Abbotts. He and I do not always agree, but on this occasion I want first to thank him for his incredibly helpful contribution on primary and secondary legislation. It was astoundingly clear and helpful. I thank him very much and hope it will be heeded by Her Majesty’s Government. Secondly, I agree with him on Amendment 168, but I will come back to that in a moment.

I support Amendment 91 on primary careers guidance because it would help to break down false dreams, as well as raise aspirations. I hear too many false dreams arise from children in primary schools when I visit them, which is a regular feature of my work and that of all my right reverend friends. We visit primary and secondary schools and listen to children there. We absolutely want to raise aspirations but we do not want to give false hopes either. Well thought-through careers education at the primary level helps this.

It also helps children in primary schools develop the sense of work as vocation and calling rather than simply a job that you do to earn money. We need to recover a much deeper sense that work is part and parcel of being a human and that it is not simply what you get paid for but what you contribute to the life of society as a whole and what helps you flourish as a person. If we do not inculcate that thinking during the primary years, we only ever go down the more and more utilitarian road that work is about what you get paid for so that you can enjoy yourself in the rest of life, rather than enjoying work and being fulfilled in it.

Such careers education also helps the sense of why it is important to have literacy and numeracy. The reason why I regularly struggle with the emphasis on literacy and numeracy as if they were utterly distinct subjects, rather than part of education for the fullness and wholeness of life, is that literacy and numeracy are there for a purpose, not simply for their own sake. They enable people to fulfil their calling and their task, and lots of children struggle with literacy and numeracy because they do not see any purpose in it. However, if you get a vision of what work and career might look like—I pick up the point made by the noble Lord, Lord Knight—it must be about the potential numbers of careers that you might hold in the future. Very few people now end up with simply one career, and certainly will not in the future. Therefore I strongly support Amendment 91.

On Amendment 168, I thank the noble and right reverend Lord who used to sit on these Benches for his proposal. I am utterly behind it. However, there are two things that I wish were there but which are not at the moment. I would have liked to have seen something on the social responsibility that flows from the five areas outlined. Freedom, respect for persons and care for the environment require social responsibility. This is where I agree again with the noble Lord, Lord Hodgson, that we need something around the fact that rights and responsibilities go together. I hope that the Government will pick up this proposal, and that would be one of the possible tweaks that I would look at.

On Amendments 158 and 171I, I say “Absolutely” but—I am never sure whether I am allowed to do this—I have a question for the opposition leadership, who proposed this rather than for the Minister. Amendment 171I says “All schools”. Does this therefore mean that we are introducing work experience at primary level and if so, what does that look like, or is secondary level meant? If it is the former, it ties in with primary careers stuff and so on; I am just teasing out how that would look.

I thank the noble Baroness, Lady Morris, for spotting an obvious flaw that needs to be dealt with. She explained it so clearly, and I hope that it is accepted and moved forward.

[Lord Grocott (Lab)]

My Lords, there are some splendid amendments in this group. I very much liked what the noble and right reverend Lord, Lord Harries, had to say. I will speak briefly to the amendment in the name of the noble Lord, Lord Shipley, and to that of my noble friend Lady Morris. The former is an extremely important amendment on the broad principle that it is never too early to widen the horizons of children at school as to what may be possible and the options that may be there. We all know that there is a tendency for the career horizons of students to get narrower rather than broader, and if it is not there at a very early age then certainly is by the time they are in secondary school. They are affected by their peer group very strongly, and I hope that it is not too old-fashioned a phrase to say that it is a matter not just of gender stereotypes but of class stereotypes.

People are often restricted in their view of what is possible by the careers of people they know, such as their parents. These may be very good choices, but people need the whole bandwidth, as it were. I hope it is not seen as too facetious a comment—I know we are not talking about private schools—but if you attended Eton College and said that your career ambition was to be Prime Minister, that would be a reasonable and statistically likely objective, given that, I think, 20 Prime Ministers went to Eton. If that was your objective in life, the strong recommendation would be to go to Eton, assuming, of course, your parents could afford to send you there. If, however, you had been to the schools that most of us have been to and had said in your teenage years that your ambition was to be Prime Minister, you would have been told to sit down, have a drink of water and be more realistic in your expectations. I really think that before children start commenting, essentially in the same language as their peer group or their social background, the broader the options made plain to them the better—and, of course, the ways of achieving those options.

The other amendment I want to speak to is the one from my noble friend Lady Morris. I emphasise that, for me, the issue is not so much about parental examination, if you like, of life sciences, life relationship skills and the like; it is about the principle of accountability that could apply to any area of school activity. I must admit that it was news to me—I am nothing like the professional that she is—that schools could contract out pretty well anything they liked. To take an absurd example, it is possible that parents would not be able to discover what was in the English curriculum at school because it was commercially sensitive. Quite apart from that being unacceptable, it seems pretty impractical. Given that these subjects are being taught in schools to teenagers and the details of the curriculum are being withheld from parents because they are commercially sensitive, you would simply have a situation in the family where a teenager came home from school, their parents asked what they had been doing that day and the teenager responded by saying, “I’m afraid I can’t discuss it—it’s commercially sensitive.” On a practical level, even if the principle is right, which I do not think it is, my noble friend’s amendment should be supported.

Schools Bill [HL]

Lord Bishop of Durham Excerpts

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

When we get to it—unfortunately, I understand that it does not come for a while—I will move my amendment. I hope it will be supported; indeed, I hope it will be accepted by the Government before we get to a vote.

[The Lord Bishop of Durham]

My Lords, I agree with the noble Lord, Lord Storey, that there are many maintained and voluntary-aided stand-alone schools that have turned themselves around incredibly well through good leadership and high-quality teaching, so academisation is not the simple answer. Local leadership and governance undoubtedly need to be got right. I declare my interest as chair of the National Society and would like to highlight the importance here, in the church sector, of the diocesan boards of education as key local engagers. We will come to that in a later group.

Local knowledge of schools is crucial in ensuring that their flourishing is provided for. However, I am going to disappoint the noble Lord, Lord Storey, because I find the amendment overly mandatory and restrictive, giving too much power to a local body to trigger a school leaving an academy trust; I am not sure that that is right. The principle of local governance needs to be got right. I am not convinced that this amendment as proposed is quite the right way to do it. As was said in Committee, it is important to have proper local engagement, but it must not be too detailed in how it is mandated.

In relation to that, I support the proposals from the noble Lord, Lord Hunt, around local consultation in Amendments 33, 34, 37, 38 and 41, because that is critical. Also critical is Amendment 43 on geographic consultation. I share the concern of the noble Lord, Lord Storey, about multi-academy trusts that are spread out a long way. Inevitably, people based in the south-east will not know, for example, what is going on the north-east, in my patch. That geographic consultation is very important.

Amendment 45, which has not been talked about, is about the inspection of MATs. It is surely inevitable, if we move in the direction of travel that the White Paper lays out around all schools being in strong multi-academy trusts, that we are going to have to have a new system of inspection for MATs by Ofsted. I would like to highlight an example of an alternative way of doing it, which involved the diocese of Birmingham’s MAT and the diocese of Liverpool’s MAT. They have twinned to undertake mutual scrutiny and support. We heard about it at the conference last week, which the noble Baroness attended, for which I thank her. They found that the most powerful, helpful way of improving themselves and learning was by twinning with a MAT that had a similar flavour—they were both diocesan Church of England school MATs—but in different geographical settings. As we look to explore the proper inspection of MATs, let us also be imaginative about how that might be done.

[Lord Shipley (LD)]

My Lords, my name is attached to Amendment 10. As we start Report, I remind the House that I am a vice-president of the Local Government Association.

I spoke in Committee on the issue of governing bodies applying or being established for all academies. I have a serious concern about multi-academy trusts which are not geographically located in a small area but are spread, as the right reverend Prelate has just reminded us, across the country. It is the question of local accountability to a neighbourhood or a community that I feel most strongly about.

The noble Lord, Lord Hunt of Kings Heath, made a very important contribution and a very convincing case about the issues around the consultation of governing bodies in maintained schools at the point it might be proposed that they are going to transfer to academy status. The example he gave us, of Holland Park, was particularly important. Having been given a pamphlet by those across the road explaining the problems they thought the schools had with the process being followed, I found it to be particularly convincing. I hope that the Minister, in the course of the summer, when these matters are to be looked at again, will give some consideration to a process which seems to be that a decision is made and the consultation follows. I would be much happier if there was a preliminary consultation before a decision was made.

I come to the principle in Amendment 10. Amendment 43, which my noble friend Lord Storey raised, is about how it might be possible for a multi-academy trust to engage better in a local area if it does not formally have a governing body—although the amendment does not rule one out. For me, this is an issue of principle: every individual academy should have a governing body. Many of those who have contributed on Report so far, and who may do so later, might have been governors of schools. Having been the governor of several schools over several decades, I know that a governing body can be a structure that solves problems before they get more complex or difficult.

When a school transfers from maintained status to an academy, I do not want its governing body to feel that, somehow, its commitment to that school has been lost. So where there is a representative system that functions well, I do not see the benefit, either to the multi- academy trust or the local area, of losing the experience and expertise that a governing body can bring.

In conclusion, having a governing body for each academy would help to engage parents and the local authority and resolve problems much earlier than they otherwise might be. Another benefit is that a governing body can hold a multi-academy trust to account in its area because, where a trust is spread across the country, it is possible that decisions could be made that do not have the support of a particular academy in a particular area. Giving a voice to that academy through a governing body is, for me, an important issue of principle

--- Later in debate ---

[Baroness Whitaker (Lab)]

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

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

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


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

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

They also committed to

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

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

[The Lord Bishop of Durham]

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

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

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

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Free school meals are a simple, unobtrusive way of ensuring that all children from low-income families have at least one balanced, healthy, nutritious meal a day. The Government know this, having already extended free school meals to children without recourse to public funds during the pandemic, which has now been made permanent. I ask the Minister to push aside her brief and reflect on the words she said yesterday about vulnerable children. Let us finally support all those children who need to be fed.

[The Lord Bishop of Durham]

My Lords, I shall speak to all these amendments. I declare my interest as chair of the National Society, but I should probably make it abundantly clear that, in the previous group, I was definitely speaking on behalf of the Church of England corporately, whereas I do so now in a personal capacity—though I suspect that many of my colleagues on these Benches will not disagree with me.

The proposal made by the noble Lord, Lord Hunt, makes a lot of sense, but it strikes me that it probably falls under the academies regulation and commissioning review. The role of local authorities and devolving it down makes some sense.

I associate myself completely with everything the noble Lord, Lord Storey, has just said about the provision of free school meals. We all know that there are a growing number of children in households that are facing real difficulties in providing for them. Today, in the End Child Poverty report, we see that the north-east of England has the highest percentage of children in poverty of any area now, sadly overtaking London. Time and again I hear from schools that are struggling because children are arriving not having been adequately fed. They see the advantage of those on free school meals and know how much it means, and they struggle with those whose family are on universal credit but are not being given free school meals. Ideally, personally, I would go back to free school meals for all primary school children. However, I know we will not get that, so this proposal makes complete sense. Simply put it is a win that the Government can make in the public eye. We know that the situation will get worse in the coming months, and this would help enormously. I hope it will be given serious consideration.

On Amendment 59, I was recently in a maintained school—not a church school—where a high number of children have the pupil premium. I talked to the head about how she used it, and she was very clear that she makes sure that the pupil premium grant goes to the relevant child and is used appropriately. I asked her if it covers all the extra costs. Her answer was very simple: in most cases, no. She was happy to accept that in some cases the answer was yes, but it most cases it was no. She has to supplement the extra needs for pupils who are eligible for the pupil premium from other quarters. This proposed increase would make sense, and then to tie it to inflation. The pupil premium makes a huge difference for many children and many schools. Schools seek to use it properly for the individual children.

Amendment 60 is simply common sense and I hope it will be supported.

[Lord Shipley (LD)]

My Lords, I want to add a comment about a recent report by the abrdn Financial Fairness Trust and the University of Bristol, published a few days ago. It pointed out that over 4 million households, or one in six families, are in very serious financial difficulty now. The Child Poverty Action Group has identified some 800,000 children in poverty who do not qualify for free school meals.

The cost of giving free school meals to families on universal credit is around £500 million to £550 million a year. This is a very serious issue, as my noble friend Lord Storey and the right reverend Prelate the Bishop of Durham have identified. At a cost of £550 million, it would mean that a large number of children are able to have a hot meal every day they are at school. That seems to me to be a basic need that can be fulfilled by the Government very quickly.

As we know, we are heading into a very difficult few months because the uprating of benefits will not apply until April of next year, based on September’s figures for CPI. I hope the Minister will say something about how poor families and children in poverty are to be assisted by the Government over the next few months. The amendment moved by my noble friend Lord Storey is a way of the Government delivering a more equal and fair society.

Schools Bill [HL]

Lord Bishop of Durham Excerpts

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

[Baroness Fox of Buckley (Non-Afl)]

My Lords, I am very sympathetic to Amendments 62 and 107. I have spoken several times about mental health and I want to oppose Amendments 63, 114 and 115 on mental health provision. One concern I have is about the focus on creating a duty on the Secretary of State for Education to give financial assistance to set up consultations and reporting mechanisms on mental health and well-being. I do not think it is the job of the Education Minister to have this role, and this focus could well incentivise schools to focus too much on mental health. It is inappropriate for schools to prioritise mental health issues, and it muddles the responsibility of schools and the NHS and CAMHS. I would like to see more done for young people by the NHS, and I am trying to separate those things out.

My main point remains, as I have argued before, that if adults in schools continue to focus on mental health, there is a danger that young people will see the undoubted challenges of growing up—whether they are the agonies, anxieties and confusions of being a child going through puberty and what have you or the stresses and strains of facing exams and being educated—through the prism of mental health. We should be reassuring young people about the challenges and that they are perfectly all right. I worry that we are in danger of pathologising them.

I worry about a fait accompli situation. That point was emphasised by a recent report. Since we last discussed this issue, a shocking revelation has emerged, based on an Answer to a Question tabled in this House by the noble Marquess, Lord Lothian, which revealed that children under 18 are being prescribed record levels of anti-depressant drugs, a 57% increase over the last four years, and noted that among five to 12 year-olds the prescription of anti-depressant drugs has gone up 40%. That situation could refute everything that I have said—it could mean that there was an exponential growth of mental health problems among the young—but psychiatric experts and psychologists have responded to it by saying the figures are staggering and dangerous. Professor Sami Timimi calls them a generation pathologised by adults steering the young towards medical diagnosis that is not appropriate, and says that itself then leads to treatment that is often pharmacological.

This medicalisation can of course have a catastrophic impact on the young. Another expert, Professor Spada, talks about the dangers of that, saying that adult neuroses about the young will lead them on to taking drugs that are highly addictive and will create a dependency. I think there is a real warning here that we should not just say “There is a growth in mental health problems” and let it run its course. I also think that the young themselves can then develop dependency not just on drugs but on the therapeutic labels that we have given them and been socialising them into during their school years.

The amendment uses an odd phrase, which has just been referred to, which is to explore how children’s mental health is “affected by … their schooling”, which I thought sounded rather accusatory or even a bit conspiratorial. That is especially ironic when we have ample evidence that it was the lack of schooling in the lockdown, combined with fear-based messaging over the last couple of years, that seems to have done a huge amount of psychological damage. I urge the Committee not to put this into law. If anything, I would like to have a more open discussion about the real problem of mental health and what it emanates from.

Finally, I am glad to see that Ofsted has been removed from the equation—it was in earlier amendments—but I still dread that the Secretary of State is being told to publish a report on the actions taken by schools to improve mental health. That will inevitably distract from the core purpose, which is indeed about the minds of young people but it should be about improving their minds educationally, not playing amateur psychology or psychiatry in the classroom.

[The Lord Bishop of Durham]

My Lords, I support Amendments 114 and 115. I recognise that the noble Baroness, Lady Fox of Buckley, has made some very helpful points about the danger of pathologising and the need for collaboration between education and health, although she put it rather more as an either/or while I would want to see it more as a both/and.

I particularly thank the noble Baronesses, Lady Chapman of Darlington and Lady Wilcox of Newport, for proposed new paragraph (c) in Amendment 115. The noble Baroness, Lady Chapman, and I could give the Committee a very good example of the work in local schools by the Darlington Area Churches Youth Ministry, which is outstanding when it comes to young people’s mental health and mental well-being. It is a voluntary charity that works in collaboration with schools. I am delighted that that was included.

While I acknowledge some of the concerns of the noble Baroness, Lady Fox, I think these amendments are well thought through and would be of value.

[Lord Lucas (Con)]

My Lords, I encourage the Government to look in the directions that Amendment 63 is looking in. Generally, having a school counsellor is very positive: it adds a lot to the spirit, education and good running of a school because it deals with those people who, left to themselves, would generate a lot of unhappiness in the structure.

To my mind, a school counsellor is generally enough, someone that you know you can go and talk to, but that counsellor has to be supported in two ways. First, they have to be supported by the whole culture and structure of the school. Everyone has to know that they are able to speak to them. There has to be an open structure of communication through to the counsellor so that information flows in, and everyone is aware that that person is there to help.

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[Lord Storey (LD)]

My Lords, briefly, I do not know whether the noble Baroness, Lady Fox, taught in a primary school, but social engineering is not a phrase I would associate with them; I would associate imagination, sponges sucking up knowledge and getting excited about things, but not social engineering.

I want to raise another issue on mandatory work experience. The UK shared prosperity fund is a fund of £2.6 billion to develop people and skills. It also trains people to help with careers development. It is managed through the combined mayoral authorities and is for the next three years. I am a little disappointed that there is continuity in the fund for Wales, Scotland and Northern Ireland but in England it has ground to a shuddering halt. We have been told that the money cannot be spent until 2024-25. Can the Minister explain why? That will have repercussions for those who were employed to work on these areas.

[The Lord Bishop of Durham]

My Lords, I spoke in favour of similar amendments in Committee and will do so again. I will ask the noble Baronesses, Lady Chapman and Lady Wilcox, the same question as last time, as I did not get an answer. Proposed new subsection (1) in Amendment 113 says “all schools”, so can I presume that means primary as well as secondary schools? I am not sure what work experience looks like over 10 days of primary school; my understanding of

“a minimum of 10 school days overall”

would be over the period of life in that primary or secondary school. There is a lack of clarity there.

The noble Baroness, Lady Fox, and I are largely in agreement on some things this evening. I am absolutely with her on imagining, dreaming and so on, but I read the clause completely the opposite way around. I think it says, “Imagine what you can be, whatever your background”. The problem at the moment is that too many children do not think they can.

I had not heard the extremely good news that the noble Lord, Lord Shipley, shared. It is very welcome, so I thank the Minister.

[Baroness Chapman of Darlington (Lab)]

In reply to the right reverend Prelate the Bishop of Durham, obviously we are talking about secondary schools. That should be in the amendment, and I am very pleased to have the opportunity to clear that up. We were not intending to suggest that there should be a minimum of 10 days’ work experience for primary school pupils, although they might have an awful lot of fun going out into the workplace.

On the issues highlighted by the noble Baroness, Lady Fox, in Amendment 112, I enjoy the way she draws our attention to these things, but this time, I do not know whether she has the wrong end of the stick, I am being deliberately obtuse, or this is just a very boringly written amendment—if there is a zippier way of doing it, that would be fine—but this is all about awakening imagination.

My dad was a nurse, and I remember being at school, and saying this to my classmates when I was asked, and people laughing. I am sure that that does not happen anymore—this was the early 1980s—but too many people are still limiting their own possibilities because of a lack of awareness. There is plenty of evidence that career-based learning, as we are calling it here, or career-related learning, is not the same as careers advice, being asked to make decisions or eliminating options at a very early age. This is about awakening young children to all the amazing possibilities that exist, and whether that be in the arts or science or whatever, it is about broadening opportunities, not narrowing them.

On Amendment 113 we were challenged about work experience and the minimum of 10 days. To be clear, that does not have to be 10 days in one block. There are lots of innovative schemes now where people are going out for half a day a week, or where they start work experience younger in their school life and build up relationships with employers as appropriate. There are lots of ways of doing this now. What we find is that young people who are maybe more advantaged—whose parents have connections and whose schools have really good partnerships—get great experience. It benefits them when they are making important decisions about what to study and the choices that they make in the future. It also benefits them through exposure to ways of behaving in different workplaces. We find that less-advantaged young people do not, as often, get the benefit of that experience. Unless we make it a requirement or an entitlement, my fear is that this inequality will persist. This is something that can help; it is a contribution towards social justice and reducing inequality. We are totally committed to the provision of careers-related learning, however that might be done. It must not be dull—and I take the warnings of the noble Baroness, Lady Fox, to heart here.

I highlight the second part of Amendment 113, which talks about looked-after children—I thought I might get asked about that actually, and I want to explain why it is there. I have felt for some time that local authorities are missing a trick in their corporate parenting role. Every young person I know who has parents who have got their own business is able to take advantage of work experience in that business, and other young people might make use of their parents’ contacts to secure opportunities. Looked-after children, whose corporate parent is the local authority, are too often unable to take advantage of opportunities to experience work in a council or other local public body. I think we can build on the good work that some local authorities are doing to fulfil that parenting responsibility, which most other parents try their best to do. There is a lot more that could be done. Some good work is happening, and it would be good if the Minister could commit to looking into that, and figure out whether that is something that the Government might want to encourage, so that we can see more of our looked-after children benefit from it.