Schools Bill [HL]

Lord Knight of Weymouth Excerpts

Report stage & Lords Hansard - Part 1
Monday 18th July 2022 Lords Chamber

[Baroness Garden of Frognal (LD)]

My Lords, Amendment 77 is in my name, and I am delighted to have the support of the noble Lord, Lord Lucas. This is a very modest amendment so I hope the Minister can agree it without too much difficulty—one always lives in hope in this place.

Home educators save the country thousands of pounds because they are not using state-funded education systems, but they often have difficulty finding a test centre for their children when they want to take public examinations, and when they do find one they have to pay exam fees, which can amount to hundreds of pounds, for the privilege of doing so. Of course, many home educators are not wealthy and struggle to find the money for the fees, but surely home-educated children are as entitled as other children to have public recognition of their learning in the form of examinations. This amendment would guarantee that home-educated pupils had a place at which to sit their national exams and financial assistance to ensure that no child is denied recognition of achievement because their parents cannot afford the fees.

As I say, it is a very modest amendment and I hope the Minister will look on it favourably.

[Lord Knight of Weymouth (Lab)]

My Lords, in the absence of my noble friend Lord Hunt, who is in the Moses Room grappling with procurement, I will speak to his Amendment 79, to which I also put my name. It would require a local authority to have regard to the case of a SEND child and to listen to the wishes of the child and the parent around provision decisions; the information and support necessary to enable participation in those decisions should be present.

It is an important amendment, given that in so many of the cases that we have heard about where parents are anxious about the Bill’s measures in respect of home education, they are parents of children with some form of special educational need or disability. They have felt that their child’s needs are not being properly addressed in the maintained sector and have therefore chosen to home educate their children. It is important that there is some safeguard for that group in particular, so that the parents’ and child’s wishes are properly considered in the context of what we are trying to do in the Bill.

I also support Amendment 74, moved by the noble Lord, Lord Lucas. The amendment of the noble Baroness, Lady Garden, which I supported in Committee, makes an important case for support for sitting national examinations and the cost of doing so. By consequence, I support Amendment 78.

Finally, having listened carefully to the noble Lord, Lord Wei, on the previous grouping, and given the problem that the Local Government Ombudsman does not apply in the cases of parents of home-educated children, I think it is important that there is some kind of independent complaints service or ombudsman service. I shall be interested in the Minister’s response on how that independent voice to handle complaints about local authorities, with the diverse range of services that they might provide to support home-educating parents, might be provided.

[Lord Addington (LD)]

My Lords, it might be appropriate if I speak first to Amendment 76, which stands in my name and that of my noble friend. As the noble Lord, Lord Knight, just mentioned—and I thank him for his support—and as I think we have heard from around the Chamber, if you are dealing with a very rare condition, a teacher or the school cannot be expected to know everything about it.

What we expect teachers to deal with now has expanded. Special educational needs have been spoken about already, and we have a better understanding of them: it is not some fad or anything that is made up about various conditions. I refer the House to my declared interest in dyslexia; that is just one. All these conditions will be present in the classroom, and we now expect schools to deal with them. Expecting them to deal with every medical condition that might affect the way children should be taught is beyond the pale. Commonly occurring ones? Yes. The rest of them? No. There should be a duty on the school and the education authority to communicate and to take it on board when something else arises. That is quite straightforward.

Indeed, many of the amendments in this group are about establishing that supportive relationship between such bodies and home educators. I hope that we hear some supportive words from the Government on that, and on Amendment 84, in the name of my noble friend Lord Storey, which makes provision for some sort of co-ordination of support for those who are home educating, and a relationship. I am hopeful that the Minister will have something positive to say in this area. We need to support those who are, let us face it, at the most basic level, saving the public purse some money. If they are doing it properly, let us help them.

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On the issue of cost, as my noble friend the Minister has said before, parents electing to home educate accept full responsibility for their child’s education and its cost. Under the duty, local authorities will consider requests for different types of support, again taking into account individual and wider circumstances. Support with exam fees would already be a valid way of discharging the duty, and we could outline it as an example in the new statutory guidance depending on the outcome of the collaboration and the public consultation.

[Lord Knight of Weymouth (Lab)]

I am grateful to the noble Baroness for giving way. If she has any kind of assessment of the cost of requiring local authorities to cover that cost for parents, it would be really useful to share that with noble Lords taking part in the debate.

[Baroness Penn (Con)]

I am not sure whether that assessment has been made. If it has, I will be happy to share it. As we have said several times, there are at least two more stages to go on the guidance. One is a collaborative process to produce the draft guidance, and then a consultation process. There are plenty of opportunities as we go along to look at it—for example, whether exam costs would be included in the statutory guidance. I will find out whether we have that assessment and, if we do, I will share it.

I turn to Amendment 118 from my noble friend Lord Wei. As we have already discussed, several routes for complaint already exist for home-educating parents. But, as my noble friend said in response to the previous group, we have heard concerns raised by noble Lords about whether the different current routes of complaint are sufficient. We are also continuing to consider what more we can do to support home-educating parents and strengthen independent oversight of local authorities, such as exploring alternative routes of complaint.

Finally, I turn to Amendments 97ZZA to 100F from the noble Lord, Lord Hacking, which would remove Clauses 53 to 66 from the Bill. The overarching purpose of Clauses 53 to 56 is to improve the consistency of attendance support pupils and families receive to help pupils attend their school regularly. These clauses are an important part of the Government’s overall approach to providing more consistent support for pupils and families in order to help children attend school before legal intervention is considered. Clauses 57 to 66 concern the regulation of independent educational institutions and help us to ensure that all children receive a safe and suitably broad education. Extending the registration requirement and improving investigatory powers will ensure that full-time settings serving children of compulsory school age are regulated. Other measures improve the regulatory regime for independent schools, including by creating a power to suspend the registration of a school because pupils are at risk of harm.

I heard the noble Lord’s request for a meeting and my noble friend is very happy to do that because, as I think she has been at been at pains to stress throughout the passage of the Bill, we want to make sure that we engage with a broad range of voices from the home-education community to be clear about what we are aiming to do with the Bill. It is not at all about reducing or interfering with the right to home education, but just ensuring that we have the proper processes in place to make sure that the best interests of all children are protected while doing so.

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[Baroness Whitaker (Lab)]

My Lords, I offer very strong support for Amendment 101, so eloquently moved by the noble and right reverend Lord, Lord Harries of Pentregarth, and spoken to by my noble friend Lord Blunkett. It offers a coherent system we can unite around. Other countries have their written constitutions; we do not. The Americans also have the Gettysburg Address—easy to teach, easy to understand. In this amendment, we have a coherent system of basic principles of democracy, human rights and equality and the modern imperative of care for the environment. This whole subject, taught as a unity, is particularly important for non-faith schools also, which have a less coherent framework than the faith schools. We are a diverse society. We have several faiths and beliefs and we need a framework that we can cohere around, such as the values of British citizenship in this amendment. The Minister would be doing the children of this country a great service if she were to accept it.

[Lord Knight of Weymouth (Lab)]

My Lords, I will briefly add to the chorus of approval for this amendment moved by the noble and right reverend Lord, Lord Harries. He talked about the problems attached to British values and how they have appeared to exclude some people. What he is trying to achieve is truly inclusive.

I add my voice in particular on sustainability. All of us in this and the other House have been circulated Sir Patrick Vallance’s briefing to MPs on the challenge of climate change. Looking at that, and at the scale and urgency of the challenge from those presenting, it was clear to me that what is missing is public behaviour change. I am absolutely convinced that the key to unlocking that lies in our schools and with our young people, as the demographic which is most enthusiastic about this and can reach into everyone’s home and start to shift our behaviours.

The education company Pearson recently published its School Report, which showed that 50% of school leaders want to teach this—a glass-half-full/glass-half-empty figure. We have had a strategy from the Government which said they wanted schools to do this. Only half of school leaders are planning to do so. We need to do more, including this.

[Lord Sandhurst (Con)]

My Lords, I will speak to Amendment 105, the purpose of which is to ensure that parents can discover what their children are being taught in school. They must have access, we say, to the materials deployed in class.

It arises because some commercial providers of materials in the sensitive field of RSE and health have tried to stop parents getting access to materials which they have provided for use in class. Requests to see material have been met with the assertion that it is protected and exempt from disclosure under the Freedom of Information Act by reason of commercial confidentiality. In other cases, copyright has been raised. In some instances, schools have simply refused point blank. That is what the amendment is aimed at.

The noble Lord, Lord Macdonald of River Glaven, who put his name to this amendment, regrets that he cannot speak because he is elsewhere on a prior engagement. On our side, we are grateful for the two meetings we have had with my noble friend the Minister and officials. They have been constructive; we have made progress and received an encouraging letter on Friday.