Schools Bill [HL]

Lord Hunt of Kings Heath Excerpts

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

[Baroness Stroud (Con)]

My Lords, I rise to speak to Amendment 171F, in the name of the noble Baroness, Lady Morris of Yardley, and to add my support for this group of amendments.

It is already well established in national and international law that parents have the right to raise their children and the duty to safeguard their well-being. It is also well established that this includes the obligation to ensure that their children receive a suitable education and that this is then underpinned by general presumption in law that, except in cases where there is substantial risk of serious harm, parents do act in the best interests of their children.

Further, under Article 13.3 of the International Covenant on Economic, Social and Cultural Rights, which the UK has ratified, it is also enshrined that parents have the prior right to choose the kind of education that their child will be given. Many parents chose to exercise this right by delegating the education of their children in certain subjects to more qualified teachers in schools in order to provide them with the best education possible. None the less, it is still their choice as parents to do so.

It follows, therefore, that to make this choice, as we have heard this afternoon, parents must be able to review all teaching materials, in order to make a fully informed decision about the education of their children. This must include third-party curriculum resources. Many schools choose to make use of a wide range of these third-party resources, some of which are extremely useful. However, as noble Lords are aware, there is increasing evidence from parents that schools are using third-party teaching materials which are often ideologically motivated and lack factual basis, particularly in relation to some relationships and sex education materials, as well as other contentious issues.

As we have heard this afternoon, even more concerning is that some of these materials are being withheld from parents. Amendment 171F seeks to maintain the right of parents to view all teaching materials, not just the curriculum lesson titles. Schools have a duty to provide these materials for parents to view and therefore this amendment is necessary in order to close that particular loophole in legislation.

In addition, it has long been communicated to parents that children learn best when they are supported at home by parents who are interested and involved. I can remember hours of testing my children on spellings, maths and history. If parents cannot view and understand the materials their children are being taught, they are hampered in their ability and responsibility to support their children in their education.

Parents should not only be allowed to view teaching materials but actively encouraged to read and engage with their child’s education and the materials being taught in schools. That is why, while I wholeheartedly agree with the amendment, there is one issue that I would encourage the noble Baroness to smooth over, perhaps by Report, should she bring the amendment back, which I very much hope she will. For parents to be able to engage fully with their child’s education, the material needs to be freely available to parents online or at home. The phrase “on the premises”, meaning on the school premises, is an unnecessary restriction. These third-party organisations are commissioned to provide a service, not to teach secret material.

Research has consistently shown that the impact of parental engagement in a child’s education has a far greater effect on the child’s educational success than the schooling itself. This is a trend found across the age range and social backgrounds. Parental engagement is particularly important when children start to engage in some of the personal and social issues in society. There are many examples of good practice in this area already in place in schools across the country, such as making the curriculum, teaching resources and guidance for parents available via parent portals. It would be fun to see some of this material taught on BBC Bitesize, for example.

As parents, we have a duty to ensure that our children are receiving a high-quality education, but in order to fulfil that duty, we must retain the right to engage with the material that our children are being taught in schools. With one tweak in mind, Amendment 171F has my full support.

[Lord Hunt of Kings Heath (Lab)]

My Lords, I very much welcome this debate. First, I thank the noble Lord, Lord Hodgson, for his intervention and the work of his Select Committee, which is invaluable to the House. He put to the Minister very stark choices that we face as a House when presented with the kind of Bill that the noble Baroness has brought before us. In essence, either we take those clauses out or we must see from the Government a new approach to the way we deal with secondary legislation. As the noble Lord suggested, either we must be able to amend such regulations—framework clause regulations, as he referred to it—when they come to us, or we must have a much more extensive system of scrutiny. Otherwise, the House will start to change the convention and reject secondary legislation, because we cannot allow Governments to steamroller through this type of legislation. I suspect we will see, time after time in this Session, the House becoming much more assertive about the way we are being treated.

I very much welcome Amendment 168, from the noble and right reverend Lord, Lord Harries. I was tickled by the definition of democracy, which, in subsection (4)(d) of the proposed new clause, means to include

“decentralised decision-making, accountable at an appropriate level to the electorate”

and then comparing it to the Bill, which is taking powers away from local education authorities and giving it to either the Secretary of State or non-accountable academies. Ministers should certainly pay attention to the noble Lord’s amendment.

I strongly support my noble friend Lady Morris on Amendment 171F, and I say to the Minister that, if she thinks the wording is unacceptable and there may be some perverse incentives in it, I hope she will say that the department will make it absolutely clear to schools that parents must be able to see the materials we have been talking about—not to veto, because we need a partnership between the school, the teachers, the students and the parents—and she must come up with something firm. A lot of people have raised issues with her department and officials, and they have been mealy-mouthed in their approach and reluctant to say anything firm at all, but I think that time has passed.

Finally, on 10 June, the Children’s Commissioner published a blog in which she said she had been asked by the department to review the content of RSE, and that she has been specifically asked to look at

“How we can support schools to teach high quality RSE effectively and with confidence .. How teachers can feel fully equipped to teach these subjects well … How we can include the voice of children and young people in achieving the DfE’s aims for RSE more widely.”

That is to be welcomed. I have attempted to get a copy of the letter that the department sent to the commissioner, but the Library of the House has so far been unable to get a copy—I suspect it has not yet been written. I am surprised that it has nothing to say about parents and their involvement. Would the Minister look into this to see that the letter, when it finally goes to the commissioner, makes it clear that parents are seen to be a partner as well?

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Moved by

[Lord Hunt of Kings Heath]

97: After Clause 45, insert the following new Clause—
“Funding for specialist education services for children and young people with sensory impairment(1) An English local authority must secure that provision of specialist education services to children and young people with sensory impairment and their parents is sufficient to facilitate the development of the child or young person with sensory impairment and to help him or her achieve the best possible educational and other outcomes.(2) Specialist education services include support to the parent of a child with sensory impairment, following the point of identification of any sensory impairment.(3) The Secretary of State must ensure that funding to local authorities for provision of services under this section is sufficient.(4) In discharging their duty under subsection (1), a local authority must have regard to any guidance given from time to time by the Secretary of State.”Member's explanatory statement
Part 2 of the Schools Bill makes a number of changes to school and local education funding. This amendment seeks to introduce a new duty for local authorities and the Secretary of State to ensure there is sufficient funding for specialist education services for children and young people with sensory impairments.

[Lord Hunt of Kings Heath (Lab)]

My Lords, I have two amendments in this group, Amendments 97 and 99. I also have Amendment 129, which is in a later group, for which I apologise that I will be unable to be present. I also support the noble Lord, Lord Holmes, in his Amendments 163, 164, 165 and 166. I pay tribute to him for his excellent and compelling report and recommendations about disabled students that was published earlier this year.

I make it clear that I support the Government’s ambition, through the schools White Paper and the Bill, that all schools should be welcoming and inclusive for all children, including those with special educational needs and disabilities. I also support the Government’s target for 90% of children to achieve expected outcomes in reading, writing and maths by 2030. But to achieve these goals for deaf children, it is particularly important that expert support is available from local specialist education services for children with sensory impairment. I pay tribute to the National Deaf Children’s Society for its work and its help in drafting these two amendments, and to the Special Educational Consortium for its work.

Part 2 of the Bill sets out a number of changes to schools and local education funding. One key area that is currently funded through local education funding is specialist education services for deaf children. These services are usually formed of small teams of peripatetic or visiting teachers of the deaf and other specialist staff. These teachers play a key role in ensuring that deaf children achieve good language outcomes, and as well as advising on and supporting the inclusion of deaf children in mainstream schools, their early intervention work with families of pre-school deaf children helps to ensure the best possible start in life for deaf children.

Despite the importance of this role, there has been a 17% decline in the number of teachers of the deaf since 2011. In addition, the National Deaf Children’s Society’s annual freedom of information request to local authorities shows that specialist education services continue to be under threat, from either cuts to budgets and staffing or local SEND reviews of provision. Parents also repeatedly say that services are not sufficiently funded to meet their children’s needs.

These specialist educational services for deaf children are usually commissioned by the local authority and funded through the high-needs block, but these services have no formal statutory basis so funding for their work is discretionary. The SEND Green Paper observes that a “vicious cycle” has emerged, where funding is moved away from early intervention and inclusion, so leading the system to not delivering for children, young people and families. It is my belief that specialist education services for deaf children and other low-incidence needs are a critical part of the solution to the problem, in helping to ensure that deaf children start primary school with good language, and ensuring that mainstream schools have access to specialist advice and support.

Improvements to the Bill are required if the Government are to meet their ambitions around inclusion for children with SEND. Indeed, it will also need improvement if the Government are to reach the target set for 90% of children to achieve expected outcomes in reading, writing and maths by 2030, as I said earlier. Looking at the results of deaf children and those with sensory impairments, who do not on the whole have a learning disability—so there is no reason why they should not achieve the same as hearing children—we see that, currently, they achieve an entire GCSE grade less than hearing pupils and have done so for at least six years in a row. Too few deaf children receive tailored or specialist careers advice that focuses on their needs and, as a result, many have limited expectations for what they can achieve.

There are many other examples of poor outcomes for deaf children, including in later life, so it is very important that we do more in our education system to get them started on a much firmer base and foundation. I would welcome a great deal of reassurance by the Government that they understand this and will be taking action to do it. I beg to move.

[Lord Holmes of Richmond (Con)]

My Lords, it is a pleasure to take part in this group, and a particular pleasure to follow the noble Lord, Lord Hunt of Kings Heath. I not only thank him for his kind words about my report on the disabled students’ allowance but thoroughly and full-throatedly support his amendments, particularly Amendments 97 and 99 in this group. Everything that he said in relation to deaf and hard-of-hearing students was absolutely right and applicable to partially sighted and blind students and, indeed, all SEN and disabled young people in our education system. I will speak to Amendments 163 to 166 in my name, all of which largely come out of the review that I conducted earlier this year.

Amendment 163 deals with that horrific—shocking in the 21st century—educational attainment gap for our young people with special educational needs and disabilities. According to key stage 2 stats, at age 11, only 22% of SEN students are achieving the appropriate level in literacy and numeracy. At GCSE, they are achieving pretty much half of what their non-disabled counterparts are achieving. When one looks at the progression rate—that is, young people going into higher education—the rates are over 47.5% for non-disabled students, 20% for those with SEN, and 8% for those with an education, health and care plan. If we go further and look at those progressing to Russell group universities and the higher-tariff providers, it is 12% of non-disabled students, but only 3% of those with SEN, and 1% of those with an EHCP.

This is all about levelling up, or the lack thereof, and what needs to be done to close that educational attainment gap for our SEN and disabled young people. The amendment proposes a review into this, and indeed a plan, reviewed every year, until we close the educational attainment gap by the end of 2027.

Amendment 164 speaks directly to the disabled students’ allowance and what should be happening in our schools and colleges right now to promote it, so that our SEN and disabled young people can be aware of it and can know that higher education is a route for them where they will be supported and enabled to succeed and fulfil their potential. Only 29% of disabled people in higher education currently take advantage of the DSA. One of the main reasons cited for this low take-up was lack of knowledge or awareness of its existence. That is why this is recommendation 1 of my review. Does my noble friend the Minister agree that an information and awareness campaign in every school and college about the existence of the DSA and what it can do for our disabled young people would be a thoroughly good thing, and is very much supported by the Student Loans Company, among others?

Amendment 165 speaks to the idea of a passport that disabled people could carry through their education and higher education and, indeed, into their working lives, to cut through the bureaucracy of having to constantly declare what their disability is, what their needs are, how that impacts on their education, higher education and work experience, and what needs to be put in place.

It seems to me that all of this could be enabled through a passport, not least now in a digital real-time format, cutting bureaucracy and time at every beat point of the interaction that the young person would have with the state, and cutting costs. All too often, young people are asked to provide evidence, and they have to pay to get it from one part of the state—be it the NHS, a doctor or whatever—and present it to another part of the state to get a particular allowance. I believe a passport is overdue and would be beneficial to all concerned. I know there is an excellent pilot under way between higher education and access to work, but I believe that, if we are to gain all the benefits and lay out a seamless process for all our young people, it should run right through school and higher education and into work.

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The Government completely accept the importance of these issues and the desire to improve outcomes for these children and consistency across the country. That is what I hope the proposals that we have set out will do. For now, I hope the noble Lord feels able to withdraw his amendment.

[Lord Hunt of Kings Heath (Lab)]

My Lords, this has been an interesting and useful debate. For me, the report by the noble Lord, Lord Holmes, was very telling. As he said, taking his report and the amendments together would be very empowering for young people with SEN and disabilities. The Minister responded to each of the amendments and that is encouraging, but I am sure the noble Lord, Lord Holmes, hopes the Government will go further. I hope there can be further discussions.

I am grateful to the noble Baroness, Lady Brinton, for her support. Like my noble friend Lady Chapman, I found her speech moving and instructive. I am afraid that experience is all too common. I am sure all of us have experienced discussions with parents who have real problems when their children have illnesses and the school is not able to respond in the necessary way. As I have mentioned before, I think that, in the new arrangements in the health service—the noble Baroness, Lady Penn, will know about the integrated care partnerships—there must be an opportunity for the health service and schools within health ICS boundaries to talk together about how some of this can be resolved.

I noted what the Minister said about statutory guidance. She will know that the problem is that it is not working in some areas—the noble Lord, Lord Storey, talked about inconsistencies—so I am sure that her offer of a meeting with the noble Baroness, Lady Brinton, will be very welcome.

I turn to my amendments. I am struck by the poor outcomes for deaf people. Some 55% to 58% of deaf people are in employment, compared with 81% of non-disabled people. More generally, disabled people experience higher rates of unemployment and economic inactivity. I am convinced that part of the issue lies with schools and the need for more support of them. The Minister said on my Amendment 97 that local authorities are required to provide specialist support, but they are flexible on funding and, unfortunately, over the last few years that flexibility has not worked in deaf children’s favour.

I note what the Minister said about the school register on Amendment 99. That is very welcome, and I thank her for that assurance.

My noble friend Lady Chapman ended by saying she thought the Government could table amendments later on to meet some of these points and respond after the Green Paper. The Minister said that that was not possible, but I still think there are great opportunities to pause the Bill to allow her time to do so, and I hope the Government will think again about that. Having said that, I beg leave to withdraw the amendment.

Amendment 97 withdrawn.