Education Bill

Lord Knight of Weymouth Excerpts

Wednesday 14th September 2011 Grand Committee

[Lord Knight of Weymouth]

I think I understand what the Minister is saying when he says that you should not prescribe a long list, but this is not a long list. It is four of the key groups. They are important to name because we can assume that it is extremely unlikely that an organisation would not consult parents, pupils or staff, but I can foresee plenty of circumstances where an academy group might not want to consult the local authority. I think that the points made by the Minister’s noble friends about allowing the strategic role of local authorities to continue are important.

[Lord Hill of Oareford]

Whether the list is short or long, the point is that if there is a short list, there will be an argument about people who have been left off. People will ask why they have not been consulted, and then we will have a debate about lengthening the list. If there is a long list, there are the problems that the noble Lord has already accepted. It is perfectly possible to leave it to people’s common sense and judgment. As the noble Lord knows from the work he has done with academies, if you are setting about an academy conversion, you want to do it with the support of local people and the community because that is how you get it off to a good start. I think that we can leave it to their common sense and wisdom.

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[Lord Knight of Weymouth]

I am sorry to come back, but the key word at the beginning of Amendment 126ZBA is “including”. This is not an exclusive list, so whether it is a long list or a short list is to some extent irrelevant. We are not going to have a debate about whether something has been excluded once the word “included” is in it. The key thing is that in statute it would be a requirement to consult the local authority. That is what his noble friends are after.

[Lord Hill of Oareford]

The view of the Government is the same as it was a year ago. It is the view that the House reached after debates and, indeed, votes; namely, that we do not need to prescribe lists of people, short or long, in legislation in the way that perhaps happened in the past.

Education Bill

Lord Knight of Weymouth Excerpts

Wednesday 20th July 2011 Grand Committee

[Lord Knight of Weymouth]

My Lords, I wanted to speak to this group of amendments but not because I oppose any of them. In many ways, I can see the benefits in appropriate circumstances of parish councils being represented. Indeed, when I was the mayor of Frome, which was technically a parish council, we had nominations as a minor local authority on to governing bodies locally, so there is some precedent for it. I am certainly a strong advocate of the student voice in schools and see the benefit of students on governing bodies and similarly of staff local authority representation.

I wanted to take a couple of minutes to put it to the Committee, and particularly to the Minister for him to think about it, that we need to have a wider deeper debate about school governance. It is currently confused. I started a review of school governance that never quite concluded. Indeed, it was more difficult to get some agreement about the future of school governance than it was to get all the faith groups to agree about statutory sex and relationship education in our schools, so I do not underestimate the difficulty.

I certainly do not think that anyone in this Committee or elsewhere would want to give the message that the wonderful job that school governors do is being undervalued, when they are the largest group of volunteers working in our society. However, when people are essentially there as representatives rather than for the skills that they bring to challenge the school leadership, as you would when looking at the governance of organisations in other sectors, you have confusion between what an advisory body is, which is made up of representatives and stakeholders such as staff, students, parents and perhaps local authorities, and what a board of governance is, which is there to recruit and to really challenge the leadership of the school. I am afraid I do not believe that with 23,000-odd schools in this country, we have 23,000 excellent governing bodies that are properly challenging head teachers.

Indeed, most head teachers who I talk to tell me that their governing body is frankly a bit of an irritation. It is something that they have to work out how to manage, rather than something that properly supports and challenges them as leaders. That tells me that we clearly have a problem. The discussion, particularly by my noble friends Lord Touhig and Lady Howarth, on whether heads should serve on governing bodies is in turn a demonstration of that confusion, because points were rightly made about a conflict of interest and it probably being inappropriate for a chief executive to be a full member of the board if we were to use the suggested model from the third sector. The Government would be well served by looking at whether we can move to shared, more professionalised governing bodies, particularly as we see the emergence of clusters of schools, and proper councils or advisory bodies for each school.

That would be a significant and brave reform. However, academy sponsors tell me—I spoke to a leading one yesterday—that they strongly believe that the most important thing we did when introducing academies was to strengthen governance. It was not about autonomy as such, or about the freedom to pay teachers what they liked or about freedom in the curriculum being really important; it was about strong governance, and about getting sponsors in who appointed really good people for their skills in challenging heads and school leaders. It was about leaner, or smaller, numbers of governors, who could then gel as a group, much as the trustees of a charity or board of a private company might do. It is something that we urgently need to look at if we are to make the progress that the Minister and his colleagues in the ministerial team want to make in making every school a good school—and, in particular, in making sure that we attend to the biggest problem that we have with schools in this country. That is not how we fix failing schools and make them successful again—we have worked out how to do that. Our problem is how we stop average schools becoming failing schools. In the end, we do that by strengthening our governance arrangements.

[Baroness Jones of Whitchurch]

My Lords, I very much welcome the contribution of my noble friend Lord Knight, as he attempted to widen the debate. I was going to widen it but not quite as widely as he did, but I wanted to make the case for diversity on governing bodies. Although I support the amendments tabled in all noble Lords’ names, including those tabled by the Government, they go only so far. We very much welcome the fact that the Government have listened to the case made by colleagues of the noble Baroness, Lady Walmsley, as she said, for there to be staff and local authority representatives on governing bodies. We made that case as well, and I am glad that it has been taken on board in part. However, the effect will be that a single local authority representative could be on each maintained school governing body, while at the moment there could be up to five local authority representatives on a typical community secondary school governing body.

In my experience, when I was chair of the governors of a secondary school for many years, the local authorities in my area used the opportunity to have a spread of places in order to bring diversity of community representation and people with different skills to the governing body. Governing bodies work best—and here I half-meet my noble friend—when there are strong, diverse voices from the community. What worries me about the legislation now is that it almost seems to want to curtail the spread of knowledge and skills. That might be something that the Minister can respond to, although I may have got that wrong. Diversity is very important.

The governors whom we have make up one of the largest volunteer forces in the country. We should be upskilling them, valuing them and making sure that they can make a greater contribution. Of course, if my noble friend Lord Griffiths was here he would say that we also need to take account of the fact that the ongoing work of being a governor is increasingly arduous and time-consuming, so we need to make sure that we have the support networks and the training to support it. It is a particular challenge for parent-governors who, with all their other responsibilities, as I know from my own experience, find being a governor particularly time-consuming and challenging.

I am anxious about what is to happen when the current governors, who are providing that spread of expertise, are told that they are going to be stood down. There seems to be a lack of a transitional plan. That might mean that it will be more difficult to recruit governors in future if the signal that is going out is that current local authority governors, or their range of skills, are not seen as the future. I hope the Minister can address the whole issue of diversity on governing bodies and how we are going to maintain that strong community voice so that it is not just the parents, teachers or head teachers who help to make the governing body strong but outside challenges and expertise.

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[Baroness Sharp of Guildford]

My Lords, I would just like briefly to say that I have some sympathy with this set of amendments and in particular to draw attention to the fact that Clause 41 applies these provisions to colleges as Clause 39 applies them to schools. We are all very well aware of how important school leaders are and that a head and a college principal can make all the difference. When they move on to take another job or to retire, a school or a college can go downhill extremely quickly. One needs to have some form of trigger for an inspection in these circumstances; something equivalent to Amendment 114 put forward by my noble friend Lady Perry might be appropriate for colleges as well as for schools. Alternatively, if we move on to Clause 42—I think it is that clause, but it may be further on—local authorities are given the responsibility for taking action when schools are causing concern. They might well have the responsibility for triggering an inspection.

We all probably welcome the slightly more light-handed form of inspection outlined in Clause 40, but at the same time there are dangers with total exemption of the outstanding ones. We are aware that what is outstanding one year can fall very quickly.

[Lord Knight of Weymouth]

My Lords, I support the position of the noble Lord, Lord Sutherland, in particular. Like him, I would take some persuading to support exempting schools.

I can understand the Government’s probable motivation: they believe that schools should be freed up from unnecessary burdens of inspection. The trend over the past few years has certainly been to lessen the burden of Ofsted inspections and the use of self-evaluation has been relatively successful in that regard. I am sure that the Government and the Minister would not for a second want anyone thinking that they do not think that schools should be accountable and that accountability is an important element of parental choice. Certainly, throughout our perennial debates on testing and tables as the drivers of choice—and I pay tribute to the noble Lord, Lord Bew, for his reviews around SATS at primary level—the mantra trotted out was that parents should not only look at the test results and the ranking tables, because those were put together by newspapers and, anyway, the Government do not rank schools, but at Ofsted inspections and other sources of information. An Ofsted inspection is always in the line that you have to take when talking about these issues. Yet if a school becomes exempt, all you can rely on is that data.

As the Government move towards opening up and publishing more and more data about schools, a richer picture can perhaps be formed. However, if the Minister were to persuade me that through better, more rigorous and richer publishing of data, we could get to the point of exempting outstanding schools, he would have to further persuade me that there are satisfactory forms of data. The data should relate not only to the achievement of pupils, the quality of teaching and the quality of leadership—difficult as some of those proxies might be in data terms—but to behaviour and safety. Are there good proxies for child safety, the subject of the amendment that I support from the noble Baroness, Lady Walmsley; are there good proxies for,

“the spiritual, moral, social and cultural development of pupils at the school”?

All these items should be covered in a chief inspector’s report on a school. The only way in which you could possibly justify exempting a school is by coming up with accurate proxies in data form for all of the measures that the Government say should be covered in an Ofsted report under Clause 40.

As I said earlier and as others have said during this debate, schools do go backwards—and sometimes they go backwards fairly quickly. People can be tempted and attracted by exempt schools. In some of the conversations that I have had with head teachers who are four or five years from retirement, they have said, “I have had my last Ofsted inspection so now I can do what I like”. That will free people up to innovate and to ignore the Schools Minister in the other place. When Nick Gibb goes on about synthetic phonics and prescribing what kind of text books to use, they can say, “Well, it does not really matter. I do not have to do that because I am not going to be inspected on it. As long as my results are all right and I carry on being outstanding, I can ignore Nick Gibb”. That is quite a persuasive argument but, in the end, it is not good enough and we need that accountability through inspection.

I want to meet the noble Baroness, Lady Perry, half way on her interesting amendment. When I talk to head teachers now about Ofsted—which they do not admire without criticism—they tell me that they would like a much greater feeling that the people doing the inspection are head teachers who are currently in the workforce. Their worry is that the people who come round are sometimes a little out-of-date in terms of what is going on. There is a lot to be gained from peer review—from heads inspecting other heads. One of the most successful forms of school improvement that we have at the moment is the national leaders of education, who perform that kind of peer review function in respect of school improvement.

There might be a middle way—I will not call it a third way because that may confuse people—of having lighter touch inspections, still as Ofsted inspections, but, by and large, being carried out by head teachers inspecting each other. They would not inspect schools that they know or have an association with, because that independence would have to be there. That might enable Ofsted to carry out its own burden of inspection in a relatively lean way in terms of cost, yet still give the accountability which parents and those of us who have to care about the spending of public money need. In the end, that is very important.

[Baroness Howarth of Breckland]

My Lords, I shall not repeat all the arguments about why we should continue with inspection because they have been made fairly clearly and in some depth. I shall make two points. I certainly support all those arguments, and I am not an uncritical observer of Ofsted, having been on the receiving end of its investigations, both positive and negative, in a number of roles and having had both positive and negative levels of inspections.

I am most concerned, and I speak from my experience as well as from my general understanding of safeguarding, that safeguarding will not be regularly inspected. I sit as chair of a safeguarding board and as chair of a number of organisations that have safeguarding boards, and I advise organisations that need to develop their safeguarding boards. In those roles, one thing I find is that whereas many social services establishments are keen to develop their safeguarding and to report on it, there is a culture within schools not to report but to develop their own safeguarding plans, if they possibly can, and not necessarily to co-operate with the wider organisation, if they are part of it. I understand all that, and I understand why. Reporting on something that has happened in your school has consequences, certainly if you have to report it to the local authority and it does not react appropriately, but also if the thing develops and you find that you have gone to the outside world. I understand that, but we cannot possibly have a regime where there is no inspection of safeguarding and safeguarding procedures.

I say to the Minister that if the Government intend that to happen, they are on an extraordinarily dangerous path. When we last discussed Ofsted, I was so vehement about some of the issues that I got sent off by the Minister to see the chief inspector—I got sent to see the headmaster. This was because I was concerned about the level of expertise of the people inspecting these sorts of areas; I will come to that again when we come to talk about boarding school inspections. I hope that the Minister will take the seriousness of this to the others in his Government who are looking at it. I predicted when children’s services went into children’s trusts that unless those heads of service who came from the education stream rather than the social care stream were thoroughly educated and understood safeguarding, there would be difficulties. I do not have to run through the series of cases for noble Lords to know that that prediction was unhappily proven. I simply encourage the Minister to look at that.

My second point is about visitors. I absolutely understand what the noble Baroness, Lady Perry, is getting at in this—she knows I have huge respect for her—but as a director and an assistant director of social services in the past, I had responsibility for implementing visitor schemes developed by a series of previous Governments, none of which were ever truly successful. If you talk, as I do, to head teachers—I also talk to people in social care—you find that they have real anxieties about any old body being able to come into their school. There would be issues about how the people are selected and whether they are going to be totally lax, and not know what they are looking for, or the kind of busybodies who get into organisations and institutions and drive those who are trying to run the place absolutely mad. There is the whole question of qualification: how they are trained in observation, what they are looking for and whether they have to be CRB checked. There is a whole issue about visitors, which you have to be absolutely clear about before you embark on that sort of path.

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[Lord Hill of Oareford]

My Lords, I shall come back to the issue of the trigger and the risk assessment which lie at the core of many noble Lords’ concerns. There was broad agreement over, and a broad welcome for, a “lighter touch approach”, if I can call it that, though there remain various concerns about how that would be translated into action and what safeguards there would be in place.

I also recognise the concerns emerging from the Committee about exemption, and I will seek to address them by setting out some of the principles and intentions that underpin Clause 39. I will respond to the points raised by the noble Lord, Lord Hunt of Kings Heath, as well as addressing the context within which the clause has been developed. I will also say something more about the safeguards that are provided both within and beyond its provisions, and try to respond to some of the questions that I have been asked.

What is driving this? We think that we have an opportunity to respond to the concerns of schools, to reduce central prescription, to avoid uniformity, to eliminate unnecessary burdens and to be more proportionate. Inspection reform has a contribution to make as part of the overall move that we are keen to encourage. Clause 39 will introduce a more proportionate and targeted approach to school inspection by enabling our highest performing schools to be released from the burden of routine inspection as long as they continue to perform well. I shall return to that issue in a moment.

The thinking behind that is so that Ofsted can focus its inspections on where most noble Lords agree they are most needed—that is, on those schools that are inadequate or satisfactory or coasting. I hesitate to say much about the evolution of inspection because so many members of this Committee were instrumental in its introduction. Regular inspection was introduced with the establishment of Ofsted in 1992, which means that by now schools have experienced at least three Ofsted inspections. Also—and this is part of an answer to my noble friend Lord Lucas and his concerns about information—there have been in that period huge advances in the availability and quality of performance information. I agree with the noble Lord, Lord Knight, that we need to develop more—it is not always straightforward—but the provision of more information is part of our answer to the question of how we can know what is going on in schools.

Inspection has evolved over that time and become more differentiated, with longer intervals already between inspections for stronger performers. Most outstanding schools are now subject to a full inspection once every five years. It is worth making that point because of some of the perfectly proper questions that are being asked as to what are the safeguards and how do we know when schools can change quite quickly. We currently have a system where the schools about which members of the Committee are most concerned are subject to full inspection only once every five years. Our thinking is that, subject to safeguards, it is possible to take proportionality to the next logical step and to free those schools from routine fuller inspections.

I accept the fact that schools decline and can do so quite quickly, a point made by a number of noble Lords. Ofsted’s evidence shows that the majority of outstanding schools are able to maintain their effectiveness over time. The noble Lord, Lord Hunt, used figures which are true in the way that they break down—what he said was absolutely accurate—but it is also true that 95 per cent of those schools were outstanding or good at their next inspection. Not all remain effective—I accept that point—and that is why we have been clear that exempt schools would not be free from accountability and that any exemption is conditional.

My noble friend Lady Sharp made the point that the safeguards are the key issue and perhaps I may say a few words about the approach that Ofsted is developing to risk assessment. All exempt schools would be subject to annual risk assessment by Ofsted, starting three years after the school’s latest inspection. Risk assessment is currently used to determine the frequency of inspection for individual schools. In future, it is proposed that an enhanced process would be used as a basis for determining whether an exempt school should be re-inspected. Her Majesty’s inspectors would consider a range of indicators. These include performance data; information on staff changes—the point was made about a school suddenly losing a head or a group of senior teachers—the outcome of any Ofsted survey inspection visits; complaints from parents; the views of local authorities; and any other available intelligence.

From September, Ofsted intends to take greater account of parents’ views in helping to decide whether a school should be inspected. One way in which we are going to do that is by having a questionnaire online, which parents will be able to complete at any time to give their views about their child’s school. I can confirm that the powers for Ofsted to consider parental complaints under Section 11A apply to exempt schools and that the arrangements for students to complain will apply to exempt colleges.

Local authorities—a theme to which we have returned a number of times in Committee—have an important role to play in representing the interests of parents and pupils. If they have concerns about any exempt school, including an academy, they will obviously be able to request an inspection, and any such request would have to be considered carefully. The implication of Amendments 114A and 112ZB is that Ofsted would lose its discretion over whether it should inspect in these circumstances. We are not sure that that would be right, because HMI should be able to consider the range of evidence in deciding what action to take.

Where Ofsted has concerns about an exempt school or college, it would have a range of options open to it, including arranging a short-targeted visit or a full re-inspection. Professional judgment by HMI needs to be at the heart of the new arrangements. We think that Ofsted should have the appropriate flexibility to act decisively, but in a proportionate manner. The same powers that allow the chief inspector to visit an exempt school to test out a concern also allow for exempt schools to be visited as part of focused inspections of curriculum subjects and particular themes, including outstanding provision and practice. We expect an increased focus on best practice visits in future, as well as more emphasis on sharing best practice by Ofsted through a variety of means. One question raised in the past is how schools will learn from outstanding practice, and this is one way in which we can help address that.

Some points have been raised about information. As I have said, we intend to give parents easier access to information and so, from next January, parents will be able to access data showing the progress of high, average and low-attaining pupils across a range of subjects. From June, they will have access to data down to individual pupil level in an anonymised form. I hope that that will help.

[Lord Knight of Weymouth]

In respect of information for parents, can the Minister clarify Clause 39(4)? It refers to charging schools for inspection. If parents have triggered an inspection using their current powers, is there any charge for that and, if not, how do we guard against Ofsted having a disincentive to inspect if, in its judgment, it feels it cannot afford it?

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[Lord Hill of Oareford]

I will write on the point of detail. I had this explained to me earlier. The difficulty is because an Ofsted category is not a statutory definition. That is the problem and why it is hard to put it in the Bill. I will make sure that I have got that right and I will write, but I believe that is the explanation.

[Lord Knight of Weymouth]

When the Minister writes, will he also clarify how, if it is difficult to pin it down in primary legislation, it would be possible in secondary legislation? Secondary legislation is still law, so you would still need a definition in law of what an outstanding school is.

[Lord Hill of Oareford]

I will get some clever person to write me something that will explain why that is the case.

The noble Lord, Lord Sutherland, raised important points about faith schools. He will know better than me that it is a separate inspection process. Faith schools, including exempt schools, would continue to be subject under Section 48 of the Education Act 2005 to a separate inspection into their religious education. This can also cover spiritual, moral, social and cultural development and reports will be published. That is not a complete answer to the noble Lord’s concerns but it is another part of a possible reassurance.

The noble Baroness, Lady Jones of Whitchurch, asked me whether a cohort could pass through an outstanding school without any inspection. The absence of inspection does not mean that Ofsted will fail to pay attention to exempt schools. Currently outstanding schools have five years between inspections. The risk assessment would start at three years and be done annually but, if there were concerns before then, the whole point of the triggering process is that Ofsted would be able to look into them.

Overall, we think that a lot has changed in the past 20 years in terms of transparency and accountability. There is more information and the inspection system over those years has become increasingly proportionate. We have a large number of schools that are capable of evaluating their own performance and identifying and responding to their own improvement priorities. We are keen to focus inspection on those that need it most— underperforming and inadequate schools. I recognise the strength of feeling that has been raised.

There were a number of thoughtful suggestions, particular around the important question of the rigour of the risk assessment. I understand that Ofsted is due to publish its approach to risk assessment and I would like to use that as an opportunity to discuss these concerns further, to reflect on what has been said to me today and to raise them with the noble Baroness, Lady Morgan of Huyton. I hope that through that process—I will be happy to discuss it with noble Lords who have particular concerns and who have contributed to this debate—I can address some of the concerns that have been raised, reflect on them and then report back to noble Lords. I will certainly reflect on the mood of the Committee. I will listen to the advice that I have been given but in the mean time I ask my noble friend Lady Walmsley to withdraw her amendment.

Education Bill

Lord Knight of Weymouth Excerpts

Monday 18th July 2011 Grand Committee

[The Lord Bishop of Oxford]

I, too, declare an interest as a bishop of the Church of England. It will not surprise your Lordships to know that I resist the amendments in this group. As a preliminary, I say that we easily encounter in this kind of debate the myth of neutrality, with the idea that the amendments might lead us into a distinction between church schools—or, at least, religious schools—and religiously neutral schools. That is a common myth: that we would have religious schools and non-religious schools. I am not sure that we have a basic philosophical agreement on that point; I do not want to pretend that we do.

It is unnecessary to change the law, which seems to be working well. We have the existing safeguards; we have the possibility of withdrawal. The fact that so few parents use that right of withdrawal suggests to me that most parents think that it is working pretty well. A generous experience of spiritual and religious reflection goes on in assemblies; obviously, I go to a lot of them. In them, I experience not just Christian worship but spiritual reflection. I know that that is one possibility under the amendments, but it is the religious and spiritual element that is really important. If we take religion out, we have lost the key domain.

[Lord Knight of Weymouth]

I had no intention to intervene in this debate, but the right reverend Prelate said that he thought that the current law was working well. I have no doubt that it may be from parents’ perspective, but when Ofsted inspections of schools take place, do they not often find that the daily act of collective worship is not taking place? From the point of view of the practicality of the school, it is not working that well. I am not aware of huge numbers of parents complaining that the daily act of collective worship is not taking place. People like school assemblies, but if, for practical reasons, it is hard for them to come off because there is not a big enough hall, parents are not complaining in large numbers.

[The Lord Bishop of Oxford]

I just point out the statistic that 98 per cent of primary schools have a daily act of worship. The noble Lord is quite right that in secondary schools the figure is not as high as that: it is between two and three acts of collective worship a week; on other occasions, the school is meeting for an assembly purpose. That is what I mean by the generous interpretation of religious and spiritual reflection, which is crucial.

Secondly, the system of opt-in rather than opt-out would drive a wedge into our schools which would be regrettable. We could find social division. As it is, there is a difference between collective worship and corporate worship. Collective worship is a gathering of everyone who is together in a certain place at a certain time, such as a school. Corporate worship is when people opt into the faith and want to go to a church. Therefore, we have a collective gathering which allows youngsters to experience something and not just learn about it. As we are legally charged with promoting the spiritual, moral, cultural, mental and physical development of pupils and society, experience matters, and the candle, the singing, the prayer, the stillness and the silence, which are so often present, are all part of the experience of the spiritual, which is part of what we are required to provide.

Thirdly, there is the problem of a wedge appearing between two different types of school. One of the glories of our system is that it is an integrated church state system or a system of church schools within the state. It works well because it is integrated and, if we drive a wedge by saying that there are church schools over here and non-religious schools over there, we will deny ourselves something rather precious about the British system. There is much more that I could say but I will not go on.

Lastly, let us remember that in 2010 the Office for National Statistics said that 71 per cent of the population of this country still want to identify with—I think that that is the phrase—the Christian religion. If we are swapping statistics, 86 per cent of people in this country go into a church at some point during the year, but if 71 per cent want to identify with the religion, that would seem to indicate that most parents are happy with the way that we go about things at the moment. We have a good British compromise and, if we rock the boat with this, I do not know quite where that will lead. I think that it will probably be to our detriment.

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[Lord Knight of Weymouth]

My Lords, I want to speak to this group of amendments in part to avoid speaking in a clause stand part debate not only because that is more efficient but because, I have to apologise to the Committee, I will need to leave in around 20 minutes in order to fulfil a speaking engagement. If I miss the Minister’s response, I apologise. I hope, nevertheless, that it is in order for me to make some comments.

In many ways, I think that Clause 34 is possibly the worst clause in the Bill. I know that there is some stiff competition for that accolade, but the issue of fair admissions is of vital importance. In passing, I want to thank Chris Waterman, who has done some excellent work on and analysis of the issue for us.

The reason I say that fair admissions are very important is because I support diversity and more competition between schools. As moves are made to increase choice and accountability and thus to drive competition in that way, it is all the more important to ensure that admissions are fair and every child is given an equal chance to attend the good schools so that, in the end, parents are choosing schools and not the other way around. It is on that basis that I strongly support Amendments 100A, 102 and 103 because they seek clarity on the overarching aim of fairness in school admissions. They seek to improve the situation presented in Clause 34, but in the end they will not fix the problem. The problem is that Clause 34 makes the job of the adjudicator pretty toothless by taking his powers away.

Paragraph 168 of the Explanatory Notes makes the position clear by stating:

“Subsection (3) restricts the powers of the school adjudicator. It repeals section 88J of SSFA 1998 which requires schools adjudicators, upon referral of a specific matter concerning a maintained school’s admission arrangements, to consider whether it would be appropriate for changes to be made to any aspect of those admission arrangements”.

Similarly, the notes in respect of subsection (4) state that it,

“removes the requirement under section 88P … for local authorities to provide to the adjudicator reports on admissions to schools in their area”.

Why do I think it is so bad to remove these two powers? As my noble friend Lady Hughes said, every school is potentially an academy so every school is potentially its own admissions authority. That means a confusion of the arrangements faced by parents. The noble Baroness, Lady Walmsley, made a strong argument in that cause. There are numerous oddities in the arrangements of schools. We have oddities of scale in areas such as South Hertfordshire, with its particular preference to parents from Islington because of some historic arrangement, as well as partial selection—something I had to wrestle with at some length and which was very odd.

In the constituency in which I used to live, the school of Budmouth, a very popular school, gave particular priority to children from the village of Chickerell for some historic reason. It was difficult for people struggling to get their children into the school to understand. There are issues of siblings. There are issues of faith, which I do not want to get into for fear of stimulating a very long debate. There are issues of children of staff. How will staff be defined? If we are true to some of the themes running through the Committee, staff might be defined just as teachers. If we go down that road, we should include all school staff, but then a parent whose children a school might want to attract might get a job for just an hour a week helping out as a member of the support staff and then, magically, their children would be allowed priority. It is very important that we get that definition right.

The problem of coherence is already an issue with voluntary aided schools and academies being their own admissions authority. The admissions forums—fora; I am struggling with my Latin—are now being abolished in subsection (2)(a), despite the fact that they provided some co-ordination and tried to ensure that local unfair anomalies did not emerge. It is a retrograde step to get rid of them as we move into even greater proliferation of arrangements.

In many ways, the simplicity of the new code, which is currently being consulted on, will create massive local complexity, for the reasons I have described. That is a view held among many admissions officers, which is why I support Amendment 101A, with its focus on the views of parents. With every school its own admissions authority, as their resources come under pressure—as they are at the moment, for understandable reasons—fair admissions must remain a sufficient priority for the admissions code to be consistently adhered to by every school and admissions authority. We know, through the work of the Sutton Trust, that even with the current tougher admissions regime in place at the moment schools still find covert means to attract children who are more likely to succeed and discourage those less likely to attain five A* to C-grade GCSEs.

The removal of subsection (4) of section 85A of the 1998 Act, under Clause 34(4) of the Bill, removes the policing of admissions and the requirement of local authorities to report to the schools adjudicator—effectively, the prosecutor—all admissions arrangements. I was interested in what the noble Baroness, Lady Walmsley, had to say about around where they would report to. It seems clear to me that, in the same way that the police get in touch with the CPS if an offence might need prosecuting, local authorities should report to the school adjudicator.

The removal provided for in Clause 34(3) removes the teeth from the adjudicator making changes to admissions arrangements to ensure compliance. It is obvious to me that if we are to have a fair admissions system, the person in charge must have the power to get the admissions arrangements changed to make them comply with the law—we are talking about the law. The measures that Clause 34 will remove are necessary.

Finally, it is worth reminding the Committee why the current rules came in. In 1998, when the Department for Children, Schools and Families—as it was then—commissioned a look at the admissions arrangements in three local authority areas, the abuses found included: schools asking parents to commit to making financial contributions as a condition of admission; asking about the marital, occupational or financial status of parents; and ignoring the priority for admission that schools are legally obliged to give to looked-after children. Other cases uncovered included schools giving priority for places to family members who were not siblings and interviewing children before making an admission decision. Those are not fair practices. They allow schools to select parents, and not vice versa. For that reason, I very much support Amendment 101 and would support omitting Clause 34 altogether.

[Lord Rix]

My Lords, Amendment 102 addresses a variety of concerns I have in relation to the relaxing of duties of schools regarding the admissions process for children with special educational needs, including those with a learning disability. My concerns are clearly shared by other noble Lords in the amendments that surround mine.

Schools must be held to account for their admissions policies and the way they operate these policies in practice. If the parents of disabled children are to have full confidence that their children are not being discriminated against in terms of admissions, schools must be aware of their obligations under the Equality Act 2010 and make the reasonable adjustments required. In the interests of openness, transparency and the genuine empowerment of parents, the second part of my amendment would set out the rights of parents in appealing and complaining against admissions and oblige schools to publicise these details.

It is often said that information is power; I want parents to have easy access to the information to which they are entitled when it comes to challenging unfair decisions by schools over the admission of their children. However, in his letter to me to which I have already referred, the noble Lord, Lord Hill, advised me that parents and others would still have the option to make their objections known to the school adjudicator. There are also proposals to include academies and free schools, which of course I welcome. No doubt he will explain more in his response to these amendments.

Education Bill

Lord Knight of Weymouth Excerpts

Monday 11th July 2011 Grand Committee

Moved by

[Lord Knight of Weymouth]

76: Clause 14, page 22, line 32, at end insert—
“( ) This section shall only come into force if its provisions have been approved, by a simple majority, in a vote of registered teachers.
( ) For such a vote to be valid, 50 per cent of registered teachers must have voted.”

[Lord Knight of Weymouth]

My Lords, Amendment 76 repeats the amendment that we debated regarding the General Teaching Council for England, and I will not repeat at any length the arguments that were made then. As with the GTC, in this amendment we are looking to trust teachers, which seems to be a theme of the Committee. We are simply saying that if teachers value the TDA and the training and development it has been offering them, we can put it in their hands to decide whether it should continue.

I shall also speak to my Amendment 76ZA. It is no secret that I oppose the abolition of the TDA. I made it clear in the substantial part of my Second Reading speech that I think that the TDA has been doing a good job. People come from around the world to look at how successful we are at recruiting and retaining teachers. Prior to its formation, we missed our targets in teacher recruitment and under-recruited teachers quite chronically. In those days the Whitehall machine used to try to manage teacher recruitment and professional development from the centre. We have excellent civil servants in the Department for Education, but I am an advocate, at times, of putting some things at arms’ length from them, particularly—if we want to learn from history—with the attempts that we had in the past to recruit from the centre, which did not work. They did it so badly that they had to set up the TTA, the successor to today’s TDA, which we are debating.

The TDA is a success. It is still tough-going with the shortage subjects, but the agency has been doing well. It has met its target, even when it was as high as 40,000 teachers a year coming into the profession. That target has been reduced and is currently around 32,000 teachers a year. How did it do it? It did it with a mix of things including bursaries. In an earlier day in Committee, in an exchange with the government Whip who was at the Dispatch Box, I said that I felt that the proposals for bursaries in the document currently being consulted on, setting the maximum for secondary recruits at £20,000 compared with a maximum for primary recruits of £4,000, are sending a difficult signal to our best and brightest graduates about which section of the teaching workforce we value the most. I accept that we need to deal with the shortage subjects. However, we should look at the mix that the TDA uses, because it does not use only bursaries, it also uses proper integrated marketing—and not just TV adverts, although they have been extremely effective and successful and are memorable for those who have time to watch commercial television, but also billboards and proper cross-media advertising, including social media. When deployed, the marketing has always worked because of the professionalism and expertise of the agency working at arm’s length from Whitehall.

I am pretty shocked that there is no mention of marketing in the consultation document, Training our Next Generation of Outstanding Teachers, as if the department does not value it. Perhaps that is true. Perhaps Ministers do not like marketing. It is true that when the Government first came in they issued, I think, some kind of central diktat from the Cabinet Office saying that all government advertising was bad and they would not do any of it, and it was suspended for some time. I gather—it may be just rumour—that soon after the Secretary of State was appointed he went on a tour of the wonderful Sanctuary Buildings in Great Smith Street which included a visit to the eighth floor, at the top of the building, which is where the communications department’s staff hang out. Having checked out the press team and the speech writers, he stumbled across an assembly of desks bristling with awards and said, “What goes on here?”. The reply was “Marketing”. He replied, “I don’t like marketing”, and walked off. That is just what I am told, and it may or may not be true.

[Baroness Morris of Yardley]

That does not sound like him.

[Lord Knight of Weymouth]

My noble friend says from a sedentary position that it does not sound like the Secretary of State, but it is also true that the Government have now closed down the COI. That also sends a signal about what they think about professional marketing and its importance. As a result of the advertising ban that we had once the Government took office, we have had a significant reduction in applications for people to be teachers, which also suggests that professional marketing works. I gather that we should just about scrape through in meeting the recruitment targets, but with applications 10 to 15 per cent down this year, that makes you question whether we will recruit the same quality, because we will be recruiting from a smaller pool of applicants.

The real problems will come next year because of the lag effect that we normally see around stimulated interest in teaching from people who are thinking about what jobs they will do once they graduate. I really worry about the effect on teacher recruitment for next year, especially in the shortage subjects, science and maths in particular, that we are so concerned about.

Hence the reason for tabling Amendment 76ZA. This repeats the clauses that established the TDA relevant to promoting careers in the school workforce. There were four main aims of the TDA when it was established in statute. I have simply repeated one of them: the aim of promoting careers in the school workforce. It is a probing amendment. I cannot pretend to be an expert parliamentary draftsperson and I cannot pretend to believe that the Minister—however reasonable a chap he might be—is suddenly going to cave in and allow this arm’s-length body to be created. However, the abolition of the Central Office of Information means that there is no other obvious capacity that I know of within government to do a professional job in running and procuring the integrated marketing campaigns to recruit teachers that we know from recent history are so effective in ensuring that we have the best quality recruits into the profession.

Therefore, the amendment proposes an arm’s-length body to perform this function to ensure that we sustain recruitment into teaching. If the Minister disagrees with my reasonable request to set up this arm’s-length body, I simply need him to give me a confident answer as to how this will be done as successfully as the TDA, and that he will ensure this marketing function is taken more seriously than in the current policy document. I beg to move.

[The Earl of Listowel]

My Lords, perhaps I may ask what the initials COI stand for.

[Lord Knight of Weymouth]

COI is the Central Office of Information, a substantial agency that works across government in order to provide capacity around buying advertising, marketing and so on. It was announced a couple of weeks ago that it was going to close with the loss of a few hundred jobs. When the initial arm’s-length body review by the Cabinet Office took place soon after the Government came in, resulting in the Public Bodies Bill which is currently in the other place, the signal was that the COI would be retained but—as I said—the decision was made a few weeks ago. On the noble Earl’s Amendment 78, which is also in this group, his proposal to retain an advisory board to government has some attraction to me as a defender of the status quo in that it is a variant on the status quo; it allows the Government to have their way to some extent by taking functions in-house as part of the centralisation of functions that this Bill represents. I would like to see the specific aim around professionalising marketing. I am pretty flexible about this but I think that those functions need to be retained.

[The Earl of Listowel]

I rise to speak to Amendment 78, which is in my name, and to support Amendment 76, to which I have attached my name. As the noble Lord, Lord Knight of Weymouth, said, Amendment 78 would simply replace a board. Perhaps we can retain the current board as a special advisory group for the Department for Education.

The amendments are partly in response to a meeting recently of the All-Party Parliamentary Group on Skills. The new chair of that group, in post for one year, concluded the meeting by saying two things. First, he said that when he visited Finland and had a meeting with politicians from across the political spectrum, he was very impressed by the strong consensus on education policy. Secondly, he said that the more he learnt about this issue the more it seemed to him that if politics could stay out of education, the better it would be for education. By tabling my amendment, I hope to probe the Government about how one might encourage that position of distancing politics from education.

The noble Lord, Lord Knight, referred to the rather disappointing results in recruiting teachers. It seems to me that this is a golden opportunity to get hold of bright young graduates who might have gone into the City at other times, but who might now choose to go into social care and education. It is sad that we are not getting the cream of the crop. If the noble Lord’s concerns are correct, and this is to some degree to do with interference from the Government, perhaps this is a good illustration of how it is sometimes better for politicians to leave the professionals and experts to do the job. There is an important role for politicians in ensuring that the right experts are appointed and that the criticisms from people sitting in their armchairs are answered.

I refer to the Youth Justice Board, which was an arm’s-length organisation. When there was a spate of thefts of mobile phones and muggings because of that, the Government responded by strengthening the laws around mobile phone theft. Unfortunately, one young man, Joseph Scholes, who had just begun at a children’s home, was out for the day with a group of young people. I understand that he was involved in the periphery of a mobile phone theft. Because of the response to the understandable and popular concern about mobile phone theft, when he was found guilty of being involved in this activity, he was placed in the secure estate, in a young offender institution, even though he was a very vulnerable young man. Unfortunately he hanged himself. The judge recognised that it was not appropriate for him to be placed in the YOI but that he should have been in a more sensitive environment.

Perhaps it is not a particularly good example, but it seems to me that the Youth Justice Board has a similar history to that described by the noble Lord, Lord Knight, which was that the Government despaired of being able to do the right thing in youth justice in 1998 or so. They were disappointed in the outcomes. We have had the highest level of children in custody in western Europe. The Youth Justice Board was set up with good positive outcomes. In the past three years the number of children in custody has reduced by 30 per cent. One sees positive outcomes. I am sorry to go on for so long and shall try to wind up as soon as possible. However, in Hackney, for example, politicians decided to give great authority to two very senior social workers. They challenged a culture in Hackney that had let down a lot of young people and children. After three years, they reduced by 30 per cent the number of children coming into care and saved the council a huge sum in doing so. They did this by putting in charge people who had a lifetime’s experience working in this area and by backing their work.

I think we will see best outcomes for our children if we give as much responsibility to people who have actually done the work, who are experienced professionals, and if we can keep politicians—who nevertheless have an important role—as far away as possible from such decisions. The TDA is a good example of a body which worked as a buffer between politicians and education and had good outcomes. I am looking for reassurance from the Minister that this will not have the adverse consequences that I fear.

--- Later in debate ---

[Baroness Benjamin]

My Lords, the TDA has undertaken excellent work in raising equality in schools. Recruitment from BME groups is important to ensure that white and BME pupils benefit from a more balanced representation of society. The experience of teachers from diverse groups is important. Therefore, I hope that the Minister can confirm that this policy will continue under the new body.

[Lord Knight of Weymouth]

My Lords, we have had a useful debate and I was pleased to hear the comment that the noble Baroness, Lady Benjamin, has just made. I listened carefully to the Minister’s reasonable tone in responding to it. I understand the argument that runs through the Bill about increasing ministerial accountability. He knows that I think the Government are being brave because we all know that there are periodic crises in education and Ministers will be a lot more accountable for those than they have been to date.

I say in passing that Ministers are not the only individuals accountable to Parliament. The Permanent Secretary is the accounting officer and is accountable to Parliament through the Public Accounts Committee. I worry who on earth will want to be the next Permanent Secretary at the Department for Education, not just because they will follow a class act in the form of David Bell but because they will be accountable for so much to the Public Accounts Committee. The TDA has a chief accounting officer in the form of the chief executive but the Permanent Secretary will replace the roles of five or six other accounting officers as well as being accountable for his own department. I think that permanent secretaries will also be taking a pay cut. It is going to be a tough task to recruit them. Perhaps the Government need to set up a recruitment agency for permanent secretaries.

Now that we have seen that dip in applicants, perhaps the Minister would be minded to write a letter to tell us how much was saved in the freeze on advertising in terms of the TDA in isolation. Given the current labour market conditions, which we know make teaching more attractive because there are not so many alternative graduate careers, it is extraordinary that we have had that dip. In the end, I did not hear an argument from the Minister which told me why the previous experience of things being run from Whitehall would be improved this time around. I cannot say that I am persuaded but being a co-operative sort of chap, I am happy to withdraw my amendment.

Amendment 76 withdrawn.

--- Later in debate ---

[Baroness Brinton]

My Lords, I shall speak also to Amendment 76A in my name and that of my noble friend Lady Walmsley. I am also supportive of Amendment 77 in the name of the noble Lord, Lord Rix. Internationally, the countries performing well in the PISA rankings recruit teachers from among the brightest graduates in their country. In Finland, prospective teachers must have achieved a first-class degree, and are regarded and treated as top professionals in their country with excellent pay which is considerably above the average for our teachers’ salaries in this country. Interestingly, they are also given total responsibility for the curriculum at a school level.

On the previous group, the noble Earl, Lord Listowel, spoke about Finland and the lack of politics in education. I believe that that is partly because education is such a national priority that all parties do not regard it as a key issue over which they need to fight. Four years ago at an OECD conference, I spoke to Finnish colleagues in higher education. While they are not complacent, they know that their system works and produces excellent results. This Bill aims to trust our professional teachers more and I hope that we will move to a system more along the Finnish lines.

[Lord Knight of Weymouth]

My Lords, when the noble Baroness met her friends from Finland, I wonder whether she had similar answers to the last time I met the Finnish Education Minister. I asked her why Finnish schools were so successful. She answered that it was because of a culture within the country that loves learning, which is demonstrated not only in the widespread membership of public libraries. She also told me that in Finland it used to be that you were not allowed to get married unless you could prove that you could read. Does the noble Baroness think that that is a good idea for us to copy from Finland?

--- Later in debate ---

[Lord Hill of Oareford]

As I was saying, the Training our Next Generation of Outstanding Teachers document says:

“There is an important role for universities in any future ITT system. They provide trainees with a solid grounding in teaching, and space to reflect on their school experiences. We expect universities to continue to be involved in most teacher training, responding to the demands of schools for high quality training to supplement school-based practical experience”.

Our proposals for teacher training are part of our broader efforts to put schools at the heart of our drive to improve educational standards. In most cases, we expect this to be in strong partnerships with successful universities and we have set out a series of proposals to achieve this. The Universities’ Council for the Education of Teachers, whose members are universities that provide teacher training, has welcomed the publication of the Government’s strategy.

My noble friend Lady Brinton asked for reassurance on a couple of points. First, do all new teachers need to be graduates? The answer to that is yes. Undergraduates can gain a degree through their course and other trainees must hold a degree before entering ITT. Her second question was about accredited ITT providers and the Quality Assurance Agency process. ITT providers that are HE institutions will be covered by these arrangements and be accredited by the TDA and, in future, by the Teaching Agency. As now, school-based ITT is also accredited by the TDA. Both are inspected by Ofsted.

On the amendment tabled by the noble Lord, Lord Rix, our proposals for teacher training will ensure that teachers have practical teacher training experience of supporting pupils with additional needs, including SEN. Indeed, we want there to be a stronger focus on support for children with special educational needs. Initial teacher training courses that prepare trainees to meet the qualified teacher status standards currently ensure that teachers are able to differentiate their teaching to meet the needs of each pupil, including those with special educational needs. The White Paper stated that the revised standards should, among other things, provide a stronger focus on responding to pupils with additional needs, including those with special educational needs. An interim report of that review is expected to be submitted in the coming week.

In addition, our Green Paper sets out a range of measures designed to enhance the knowledge, skills and understanding of teachers in relation to teaching children with special educational needs and disabilities. These include: making it easier for more trainees to conduct some, though not all, of their training placements in special settings, including special schools and mainstream schools with specially resourced SEN provision; commissioning a range of free training resources for serving teachers to support children with a range of specific special educational needs; funding a scholarship for teachers’ higher-level professional development to improve their practice, where half of the funding available will be for supporting disabled children and children with special educational needs; and ensuring that networks of new teaching schools will help schools to share practice and resources in meeting the needs of disabled pupils and those with special educational needs.

[Lord Knight of Weymouth]

I am grateful for the Minister’s patience with me. I am interested in his view of the bachelor of education. Having a training over years rather than a single year or—in the case of Teach First, of which I am an enthusiast—a few weeks, allows, particularly primary school teachers, not only training across the range of subjects that are taught in primary schools, but to drill down in more detail into special educational needs. The feeling out there is that the Government are not as keen on the bachelor of education as postgraduate routes from other subjects. Can the Minister give us some reassurance on that from the Dispatch Box?

[Lord Hill of Oareford]

As the noble Lord knows, we are keen to encourage people into teaching via a variety of routes, whether through Teach First or through PGCE. In due course, if we can, we want to build on initiatives such as Teach First to see if we can get people who have been successful in other professions to come into teaching. We are keen to make sure that there is a variety of ways. It is true that in terms of the financial support which we announced in the initial teacher training strategy that we published a couple of weeks ago, the focus of the funding that we are making available is on those who have high-quality university degrees in shortage subjects. However, we want to see a range of provision.

I have already written to a number of noble Lords who spoke at Second Reading about teacher training to draw their attention to the publication of our strategy and to invite them to meet the Minister of State for Schools. As the document we published is a discussion document rather than a statement of final policy, I encourage noble Lords with an interest to read it and to let us know what they think. I would be very happy for those who have an interest—I am thinking of my noble friend Lady Brinton and, given his remarks, probably my noble friend Lord Willis as well—to organise a meeting with the Minister of State with responsibility for these important areas so that we can discuss this further with him.

I hope that I have been able to reassure my noble friend Lady Brinton about our continued commitment to high-quality teacher training and the essential role of universities. I also hope that given the range of measures which we are planning to put in place in relation to special educational needs, the noble Lord, Lord Rix, will agree that we do not need this prescription. I ask my noble friend Lady Brinton to withdraw her amendment.

--- Later in debate ---

[Baroness Jones of Whitchurch]

My Lords, I rise to speak to our opposition to the Question that Clause 18 stand part of the Bill. While we welcome the initiative of those who tabled Amendments 78A and 78B, regrettably we do not feel that they have gone far enough in maintaining a national framework of pay and conditions for support staff.

Perhaps I should also make it clear at this stage that I am an ex-UNISON employee, and spent many years observing in schools how the distinctions between teaching and non-teaching staffs have, quite rightly, been breaking down over the years. Support staff are increasingly playing a professional role. They make up a range of functions crucial to the whole school learning environment as teaching assistants, welfare support staff and specialist and technical staff. They make a huge contribution to improving learning outcomes, which was confirmed by Ofsted in its fifth report.

As we have heard, since its establishment the SSSNB has been playing a crucial role in preparing core documents setting out the wide range of non-teaching roles being carried out in schools. As the noble Baroness, Lady Walmsley, rightly pointed out, when it was established it was not opposed by any party. Since then it has received widespread support from teachers, heads, governors and parents. There was certainly no chorus of concern calling for its abolition. Importantly, its remit when it was established was to combine national consistency and local flexibility in pay and conditions, and it was working to deliver that model. However, when the clause was debated in the Commons the Minister argued that retaining it would involve,

“creating and imposing additional rigidity on schools” .—[Official Report, Commons, Education Bill Committee, 22/3/11; col. 595.]

But that argument fails to recognise that the SSSNB was not like other negotiating bodies. It has the power only to recommend, not prescribe, and as such the local flexibility and autonomy is maintained.

As the noble Baroness, Lady Walmsley, rightly identified, in abolishing the SSSNB now, the Government are scrapping it before it has had time to finish delivering the job profiles that it was set up to produce. That is wasting good work. Already more than 100 support staff roles have been profiled and were being tested by schools; a school-based job evaluation scheme was being designed; and a pay and conditions model was being developed. Given that these job descriptions would have been recommendations, not prescriptions, it is hard to see how they would have hindered schools going forward. On the contrary, having job profiles could have been used as benchmarks, which would have cut the time and cost. Self-governing schools would otherwise have to use their own time to create their own job descriptions. Apart from the more general use for those benchmark job descriptions, schools and local authorities would then have a greater chance of avoiding being subject to equal pay challenges.

In addition, without the work of the SSSNB, there is a risk—perhaps even a likelihood—that the status of support staff in a largely female workforce will be undermined and that over time their terms and conditions will become less favourable in some schools than is currently the case. Ofsted itself identified that,

“members of the wider workforce and their managers were confused and uncertain about pay and conditions attached to the increasingly diverse roles that have developed as a result of workforce reform”.

It went on to urge the Government to provide more detailed guidance on pay and conditions. This is exactly what was happening. In the Commons Committee stage the Minister said:

“The Secretary of State has made it clear to trade unions and support staff employee organisations that he believes that there is a clear argument for completing some elements of the work begun by the SSSNB, on the basis that the outputs might be of some use to employers and schools”.

He went on to say:

“Those elements include the set of support staff job profiles, for example, and the associated job evaluation scheme. Should trade unions and employers deem that it would be a useful way to proceed with support staff pay and conditions to continue with that development work independently of the Government, I believe that that would be a positive outcome”.—[Official Report, Commons, Education Bill Committee, 22/3/11; col. 596.]

Once again, we seem to be playing the game of dismantling a perfectly good mechanism for dealing with a need in education only to have to assemble it in a different form. That point was made by a number of noble Lords on Second Reading. The Bill seems to be focused on structures rather than on improving educational outcomes, which we are all trying to grapple with. Can the Minister confirm whether those elements will be in place to continue the work that was established by the SSSNB; what organisation they have in mind to continue them; and by when? Interestingly, as the noble Baroness, Lady Walmsley, said, the people who have been working on the job profiles have not gone away; they have simply been absorbed back into the Office of Manpower Economics, and are therefore available to carry on with the work where they left off, so there is no great saving to be had by abolishing the SSSNB.

Finally, I hope that I will be forgiven if I mention another injustice to support staff arising from the abolition of the SSSNB. Last year when the Chancellor announced a two-year pay freeze in the public sector, he promised that all staff earning less than £21,000 would receive at least £250 in each year. But the Secretary of State for Education says that he has no way of delivering this to school support staff despite having the power to direct it because the SSSNB has been unable to clarify who would qualify. As well as the indirect difficulties that this clause will cause support staff, it makes them all £250 a year worse off. We still believe that school support staff are entitled to fair pay and conditions. The SSSNB would have delivered a framework to make this happen and we believe that it is worth maintaining it to deliver that programme.

[Lord Knight of Weymouth]

My Lords, I very much want to speak against Clause 18 stand part, and I will talk to the other amendments in due course. I guess that it is just an occupational hazard of being an ex-Minister that when a new Government take over you hold your head in your hands as you watch some of the things that you slaved over to create for many hours, days, weeks and months being abolished at a stroke. There were quite a few in the first few months of this Government, but this is one that I found really hard when I heard that the School Support Staff Negotiating Body was to be scrapped before it really had had a chance to get going.

To some extent, that reflects a view—I am sorry to say a default view in Sanctuary Buildings—that you start thinking about schools in respect of secondary schools and secondary schools in London. You then start thinking about the workforce by thinking simply about teachers. We saw that in earlier clauses, such as Clause 13 which we discussed at some length in Committee, on false allegations being made against teachers not being extended to support staff. That reflects an attitude of mind. We heard in the excellent speech of my noble friend Lady Jones about the importance of support staff. They perform a vital range of functions in schools. An additional 130,000-plus since 1997 are working in schools, performing roles not just in classrooms as high-level teaching assistants. Many of the people in classrooms work one-to-one supporting those with special educational needs. There are also non-classroom roles, from school business managers and those assisting them in the school office, through to caretakers, crossing patrols, dinner ladies—or is it catering assistants? I cannot remember the correct term but dinner ladies will do.

A really important range of roles is performed and valued by schools and those in the school community, such as parents, pupils and staff. I have taken quite an interest in reflecting back on how we should improve schools in the future and the underachievement of white working-class boys, in particular. I have visited and talked to those who are running some of the particularly successful academies doing work in that area. The Richard Rose Federation in Carlisle in Cumbria has turned round a very difficult circumstance. The North Liverpool Academy in, as the name suggests, Liverpool, is within sight of both Anfield and Goodison Park football grounds in a very tough environment for schools to succeed. What was interesting was that, in both circumstances, they are now doing really well in narrowing attainment gaps for white working-class boys. When I asked them how they did it, one of the keys was the deployment of support staff and how they were using learning assistants and others to engage the home.

--- Later in debate ---

[Baroness Massey of Darwen]

My Lords, I salute schools which provide a broad and balanced curriculum and teachers who teach it. But before they can do that they need a curriculum. I do not mind what a school is called or calls itself, but I am passionate about all children and young people receiving an education that equips them not only to survive but to be productive in society. I am also concerned that there should be independent evaluation of whether they are providing that education. Schools can change rapidly.

We hear from senior managers in companies that for them an important issue is that young people should be able to read and that they are numerate. They also say that young people should have the ability to be socially adept, to organise and manage themselves, to work in teams and to present well. Many young people will do that anyway, but many will not. I fear that with an increasing narrowing of the curriculum and emphasis on academic success, many young people will miss out. Schools may be forced to cut down on the disciplines listed in my amendment because of time or cash constraints. Many primary schools already complain about having to teach to pass aptitude tests, and I have witnessed that. Of course academic learning is important, but so is the broader curriculum. What is sometimes forgotten is that the broader curriculum supports academic learning, discipline and attendance. Children do better with access to many forms of learning. Confidence in one area, for example music, can support confidence in other areas, such as mathematics. I have concerns about certain types of schooling encouraged by the Government which may narrow the options for young people.

We will be coming on to PSHE later in the rather lengthy amendments tabled by the noble Baroness, Lady Walmsley, and I, but I shall say a word now about its importance. If young people have an opportunity to discuss with other pupils and responsible adults issues that concern them, such as relationships, sexual and otherwise, alcohol, drugs, transmitted diseases, diet, safety and so on, they will gain two things: knowledge and information about the issue; and the ability to communicate with others, to learn with others and perhaps to manage conflict. Those are very important skills. Recent research shows that the vast majority of parents want pupils to have these skills.

As for the arts, they are important in themselves. Knowing something about literature, drama, music and fine art may inspire a lifelong love of any one of those forms. It may even inspire a child to go on to seek a career in one of them. How will they know their talents and interests if they do not get a feel of them at school? Many children will not have parents who have an interest in the arts or who can afford private tuition or to take them to the theatre or to art galleries. Art education can also be therapeutic and can enhance social skills. Every child should do some form of sport or exercise. It is proven to enhance well-being and improve health. The sport may or may not be team sport. I happen to be very keen on team sports, which involve interaction with others, collaboration, discipline and respect for rules as well as fitness. I also recognise that team sport is not everybody’s bag—but some exercise will be, whether it is dance, movement, yoga, gymnastics and so on. Every child should have the opportunity to participate. Where are the guarantees for sport in government policy? Will initiatives for the inner cities such as cricket’s Chance to Shine continue to be supported? What imaginative schemes not about team sport will be encouraged?

Last Saturday I spoke at a speech day at a prep school in Derbyshire. It is an excellent school with top academic ratings and excellent facilities and has the advantage of being set in the wonderful Derbyshire dales. This school has prizes for art, music and IT as well as for academic subjects. There was a cup for sport, a cup for citizenship and a shield for the hand of friendship for helping others. If that school did not offer music, art, sport and other broad-based opportunities, the parents would be incandescent. They would be incandescent if there were no inspections—the school is inspected by two bodies—and they would be apoplectic if the teacher was not qualified. I fear that what we could see through government policy is an increase in unregulated and unaccountable maintained schools. What sort of inequality might we perpetuate by narrowing the curriculum for children at maintained schools, by even thinking about no inspections for some and by having unqualified teachers? I will move on.

Information technology is an essential skill for young people and most of them are better at it than—certainly—I am, but every child does not have a computer at home and children also need to learn about the downsides of technology, such as spending too much time at it, and the potential dangers, such as online grooming.

Noble Lords may come from different perspectives on faith, and I have specific amendments tabled later on as a humanist, but I am not talking about detail, I am talking about a child’s right to education for life in this country and in this century. I am worried that some schools will not be balanced about faith or no-faith education or about cultural diversity. I have no problem with schools having a particular ethos but I do have a problem with indoctrination masquerading as education. I have a problem with schools being allowed to teach what they like, possibly with unqualified teachers and without inspections. What about the pupils in those schools? What skills and knowledge will they end up with? All children deserve a broad education. All children will be living in a diverse society. They, too, will need skills for employment. They, too, have the right to knowledge on which to base choices. We often hear about how wonderful Chinese academic results are. I looked at this, not in China but in the Library here and found that China, indeed, has higher success rates. If one looks at their curriculum, they have provision for sport, art and music. They also have provision for daily group work and other interactive time on the curriculum—I think it is 10 minutes a day. I am not sure what this time means but the point is that the Chinese curriculum is not just founded on academic subjects.

What this amendment seeks to do is to guarantee that all children have access to balance and breadth in the curriculum in schools. Will the Minister say what the terms of reference are for the curriculum review that is being carried out? What terms of reference are there for the PSHE review, which I believe has not yet started? Who is carrying out the reviews and when will they report to us? Parents should have choice about where their children are educated. Schools should have choice about how that education is carried out, but not at the expense of denying some children the right to experience the wonders of education in its wider sense, both when they are at school and as preparation for when they mature. I beg to move.

[Lord Knight of Weymouth]

My Lords, I speak in support of this proposed new clause, which I have also put my name to. It is a pleasure to follow on from my noble friend Lady Massey who made the case extremely well. I am sure those who are worried about time would ask what more have I to add. There are a few things. I have not reminded the Committee, although I did at Second Reading, of my interest in respect of education, which some of this discussion may stray into. I advise Apple on education matters, I do some work for TSL Education and I have a number of other education clients overseas.

This amendment, as we have heard, seeks to ensure we have balance in the curriculum. At its heart, the importance of that is ensuring that we give every child the chance to realise their talents. Some of us are not particularly right-brained, some of us are not particularly left-brained. That means that some of us are not desperately academic and some of us might be more creative. We need to ensure that we have a curriculum that can bring out those talents, use them and foster them, so that every child can be a success in later life.

At the root of my support for this amendment are my concerns about some of the changes that Government are making that I think will narrow the curriculum rather than giving it more breadth. I hate to keep harping back to my time but it informs my view. I sought to reduce the amount of prescription in the national curriculum at secondary with a review—perhaps I should have gone further. When instigating the independent review of the primary curriculum by Sir Jim Rose, we also sought to include a lot of balance in the new primary curriculum but unfortunately that has now been abandoned. In both cases, the question is: how do we get every child to want to get up in the morning and go to school? It means making sure that there are things in the day that will motivate them and, in part, what is in the national curriculum informs that.

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What is required is a new, focused and clearly defined sports curriculum, built on an emerging delivery of participation between clubs, public sector, voluntary, charitable and commercial sector providers of physical activity and sport for schools and within schools. That is the way to extend curriculum delivery and to work alongside enthusiastic teachers. Within sport, clubs and schools—independent and maintained—must work far more together. Working together must be at the centre of the provision, not least because the future members of clubs are the children in today’s classrooms. Their expertise provides the ladder on which the enthusiastic and talented youngster will climb to become the Olympic champion of tomorrow. Only by pursuing this route will we move away from the current status quo; namely, the sad and unacceptable disconnect between the success delivered by 7 per cent of our independent children at the Olympic Games who win more than 50 per cent of the medals. As chairman of the British Olympic Association, that is the most saddening statistic I have in my mind. We must move forward from a position where, as I have said, just 7 per cent deliver more than 50 per cent of the medals to where 93 per cent of the children of this country deliver 93 per cent of the medals. That is the challenge, which is huge.

[Lord Knight of Weymouth]

The noble Lord obviously speaks with great passion and expertise on these matters. However, to some extent, is it not the case that things have been skewed in terms of medals being won by the product of independent schools by the fact that we are really good, as the noble Lord, Lord Coe, has described it, at sitting-down sports? We are good at rowing, sailing and horse riding, which are expensive sports and out of the reach of many of our state schools.

[Lord Moynihan]

The noble Lord is absolutely right. If you assess the success of Beijing, regrettably, we were heavily dependent on three sports, which were all sitting-down sports. One of my passionate objectives in terms of success in London 2012 is to make sure that we see more medals come from a much wider base of the 26 summer Olympics sports. That same principle should apply to the Paralympics’ sports as well. I believe that that can be delivered.

It is interesting that when it comes to football in this country, there is a perfect symmetry between the number of professional footballers playing in this country who come from the independent sector, which is 7 per cent, and the 93 per cent who come from the state sector. There is a huge lesson to be learnt about the relationship between schools and local clubs, and parents and volunteers to achieve that. My call is that that should be the basis for all sports in this country and my wish is that we move through the curriculum inclusion of sport to achieve that objective.

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[Lord Baker of Dorking]

My Lords, could I thank the noble Baroness for the kind words that she said about me and fashioning the national curriculum? I am usually criticised more than praised for it these days, but it fell to me and to many hundreds of others to fashion that curriculum 25 years ago. For the first time, we were putting on to the statute book a national curriculum. It was very broad and very balanced; that is what I was criticised for. It could not have been more broad or balanced. It had many things in it which have now been dropped: languages up to 16; art and music up to 16; history and geography up to 16. All of those have disappeared and gone, but it was certainly broad and balanced.

I have now come to the conclusion that if I was given the task of fashioning it today, a much more fundamental change really would be needed. I would actually stop it at 14. I am now quite convinced that the right age of transfer in our English education system is 14, not 11. I draw some strength from that because the Board of Education, meeting in 1941 to plan the pattern of education after the war, in the event of victory—it actually met before El Alamein—said to have selective grammar schools, selective technical colleges and secondary moderns and that the transfer age should be 13 and 14. The decision to change that never went to Ministers, as far as I can see from the records. It was decided by the Permanent Secretary of the day, who simply said, “You can’t have selection at 13 or 14 because grammar schools start at 11”.

It was a great opportunity missed. Why do I say that? First, I have great sympathy with what the noble Lord, Lord Sutherland, was saying. During the fashioning of the national curriculum everybody wanted everything in it. Not only that, but he will remember the battles on the content of the national curriculum. I set up independent committees to advise me on maths as on maths there can be no controversy. Surely you can define a maths curriculum. Feudal armies marched across this battlefield. Some said, “You must teach children tables by heart”. Others argued, “No, that is appalling”. Some said, “You mustn’t let them use calculating machines”. Others asked, “Should you teach calculus before 16 or not?”. Blood was spilled on these battlefields. When I came to English, I thought I would outwit all these people by appointing the most reactionary and right-wing educationalists I could find, who wrote the black papers, who would deliver the sort of English curriculum I wanted. I was bitterly disappointed. They produced a curriculum, which said, “Don’t worry about spelling and don’t correct the grammar of little boys and girls who get it wrong at the primary level. Let them enjoy it”. I had to turn to an engineer in Bristol University to right the sense of that. When it came to the history curriculum, I knew perfectly well it was going to be a battlefield, so I appointed someone who owned a castle to write it. He was also a highly intelligent scholar who became the chairman of the British Library and produced a very good curriculum. Having done all of that, why do I now say it should really be at 14?

[Lord Knight of Weymouth]

I agree with the noble Lord about 14, but I am interested to hear that he would keep a national curriculum for key stage 3 when most secondary schools—if the Government’s ambitions are realised—would become academies and free of the national curriculum. Why would he keep the national curriculum at key stage 3 and does he think academies should stick to it?

[Lord Baker of Dorking]

I do not support everything that the present Government do. I think a lot of what they are doing is brilliant and wonderful and I speak in favour of that, but up to 14, I would make it a very prescriptive curriculum. Rab Butler said in one of his minutes that all children should go through the common mill of education. I think there is a connective knowledge required in our country that all children should have, whatever part of the country they come from and of whatever race or creed. At 14, there is a natural division of the ways. It is rather like the pattern in Europe. Europe generally distinguishes between upper secondary and lower secondary at the age of 14. What I would like to see slowly develop is four different pathways open for youngsters at 14: an academic pathway, perhaps a bit similar to the grammar school, but wider than that; the technical pathway; the voluntary pathway; and a creative arts pathway. I am coming round to this, it is very true. Do wait; there is better to come.

I am directing my remarks precisely to the curriculum and to this amendment because I am going to say why some of these things should or should not be in and that will take a very long time. Do not tempt me to get into that area. In the requirements mentioned in the amendment—there you are, I am on course again now—there is a spread of different activities. I am engaged in establishing technical schools at 14, which have some of these things in them—in fact, they have all of these things and go rather wider. One might think that by having technical schools, I am narrowing the curriculum. Not at all. In the technical schools, they will have technical subjects to study but they will also study three GCSEs: English, maths and science. We do not think that an IT GCSE is necessary because IT is so infusive today a particular GCSE is not needed for it. They would also have a foreign language: German for engineering, not Goethe; French for business, not Molière. They will also have humanities subjects: history of engineering and great scientists.

When we come to the curriculum, it goes much wider than the amendment. The amendment fights the battles in the way of yesteryear because much of what is said in the amendment is covered in school today. Sport, for example, is legally required up to 16 in schools, and that will be in our academies as well. This is the first occasion we have been able to actually speak in the Committee on the curriculum. It is probably the most important, radical change still waiting to be made in the education system.

Education Bill

Lord Knight of Weymouth Excerpts

Wednesday 6th July 2011 Grand Committee

[Baroness Garden of Frognal]

I thank my noble friend Lord Lexden for giving us this opportunity to talk about induction, which is an important part of ensuring we have good teachers in our schools. Induction is like a probationary period. It provides a statutory national framework for supporting new teachers to make the transition from initial teacher training to their career in teaching. It ensures that NQTs receive support, training and development. At the end of this time, new teachers have to pass an assessment and can then become full members of the teaching profession. Before I come on to the amendments in detail, let me set out briefly some of what the Government are doing to get excellent teachers into the profession, because induction is at the end of the process and needs to be viewed in that context.

Our initial teacher training strategy, which we recently launched, includes the following measures: we will attract the best graduates by offering one-off training bursaries of up to £20,000; we will double the size of Teach First, a scheme that has been highly successful in attracting graduates from some of our best universities into teaching; we will raise the bar for entry to teaching by funding training only for those with at least a second class degree, and by introducing literacy and numeracy entry tests; we will focus teacher training better on the skills that teachers need most, including managing behaviour and teaching early reading, items which we have already touched on in this Committee; and, we will give more schools a strong role in the recruitment and training of the trainees that they will go on to employ.

Alongside these reforms, we have been reviewing teacher standards, including those that trainee teachers must meet. We expect shortly to produce new, clear standards that raise the bar for newly qualified teachers who enter induction, so the Government are doing much—

[Lord Knight of Weymouth]

Given that the Minister raised the background to this debate, which I am grateful to her for doing, could she clarify one point for me? In terms of the bursaries being proposed in the paper, can the Minister give us her view of the impression given by awarding up to £20,000 per secondary school priority subject, yet so much less for primary school teaching? Is it not really important that we get things right in primaries so that people can become successful in secondaries, and should the bursaries not reflect that?

[Baroness Garden of Frognal]

Some of this is to do with shortages of teachers. There are more shortages of secondary school teachers, which is why those priorities have been set. However, we would entirely agree with what the noble Lord has said about the real importance of primary school teaching and of introducing an ethos of learning, and of the fun of learning, at a very early stage. Primary school teachers are of the utmost importance in that. The Government are doing much to improve the quality of those who enter induction in the first place but, as my noble friend Lord Lexden has said, induction itself is of great importance. It helps NQTs to handle the fresh challenges they face in their first teaching post, to strengthen their skills and to improve their teaching.

On Amendment 69 it is the case, under current regulations, that NQTs may serve induction only once—a point that has been picked up by noble Lords. In answer to the noble Baroness, Lady Jones, it is a fact that the previous Government’s regulations prescribed only one induction period. We have reviewed that position and decided to continue it. Of course, if things change we can always review the position but that is what we are holding to at the moment. Recent discussions with those who work with induction arrangements have supported the current position, reflecting the important points that my noble friend Lord Lexden has made today. We do not plan to allow NQTs to serve more than one induction period. It is of course a key element of ensuring that only those NQTs who meet the required standards are permitted to continue to teach in maintained schools, and we would wish to maintain that.

In answer to the point by the noble Baroness, Lady Jones, about academies, they are classified as independent schools and as such they may choose to offer statutory induction, although they are not required to do so. We will continue that position through regulations. My noble friend Lord Lexden raised an important issue—

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[Baroness Morris of Yardley]

That is terrible.

[Lord Knight of Weymouth]

I do not want to delay the Committee, but this is really important. There is no requirement on academies. I can understand there being no requirement on academies if the number of academies is small, but if, as it would appear, we are starting to move towards a vision of every secondary school being an academy, how can we ever be sure that we have enough induction places for the workforce that we need to keep continuing to recruit?

[Baroness Hughes of Stretford]

As I understand this—I may be wrong—teachers’ training is not fully validated until they have successfully completed an induction period. If the choice of whether there is an induction period rests with the school or academy and is not a right for the teacher, there may be a large number of people going into those situations whose training is never finally completed and validated if they have not done a satisfactory induction period.

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Amendment 75A calls for a report on the whole process two years down the line to see whether the process has worked, to collect data and, on the basis of that evidence, to consider extending the reporting restrictions to all staff in schools and FE colleges. Will the Minister consider this extension of the provisions in Clause 13 to include colleagues in FE colleges and review the process after two years to extend it further to other staff dealing with students in colleges and schools?

[Lord Knight of Weymouth]

I shall speak briefly to this amendment and to this clause. I am motivated in large part by the speech made by the noble Lord, Lord Black of Brentwood. I wrestled with this subject as a Minister and came under a lot of pressure to bring in a clause such as Clause 13. My judgment at the time was that it would be a slippery slope—the slippery slope that has been described by the noble Lord—and that it would start to include an awful lot of people. The NSPCC put the argument very strongly that we should not go down the road in Clause 13 and that it would be better for children if we put pressure on the enforcement authorities to get on with it and bring cases to justice where there was a case to be put. I was pleased that we managed to get some agreement from the Association of Chief Police Officers to accelerate things. It will be interesting if the Minister has any information about whether that genuinely accelerated things or whether the Minister was just told that it accelerated things.

Probably that is where my instincts lie. A better way of dealing with things is that the police should not feed information to the press and that they should get on with prosecution if that is what needs to be done. Then the blight that can affect professionals in schools as a result of false allegations can be lifted very quickly because there is no doubt of the seriousness of the problem for some individuals.

However, if we are going to have Clause 13, I support the amendments put by the noble Baroness, Lady Hughes. If you are going to give this protection to people who work in schools, you need to give this protection to all people who work in schools. These days, we see support staff, in particular, doing a range of work. In a lot of cases, it is support staff who are doing one-to-one work in schools, not the higher-qualified person, who is left to deal with the majority.

If there is a case to be made for teachers, there has to be a case made for support staff. The noble Baroness, Lady Jolly, made a very strong case in respect of FE colleges, which are starting to educate under-16s. I suppose I am trying to be slightly consensual in saying that I understand and, in the end, kind of agree that I am sceptical about Clause 13 but, if we are going to do it, let us do it properly.

[Baroness Howarth of Breckland]

I had hoped to support the noble Lord, Lord Phillips of Sudbury, but I am not sure whether he is going to speak now or later. I shall add to what the noble Lord, Lord Knight, said because I, too, believe that this is a question of process rather than of principle. I have talked to the Minister about this before. If we could get the issues dealt with quickly, then we would be able to avoid having to have this kind of clause. I speak as someone who has not only dealt with many victims of abuse—I want to come on to that issue in a moment—but has also supported members of the social work profession who have been faced by unproven, unsubstantiated and quite serious allegations. Having been a director in a child abuse case, I understand all the shock and pain that brings when it happens. It is the same sort of emotion that you feel about not being responsible for what you are being accused of. It is a terrible time for the individual and their family, but if we can get this process speeded up, that pain will be lessened, and we can get on with it.

I agree with the noble Lord who pointed out that we should not deal with the principle in a different way because we have a process problem. The principle must surely be that when an allegation has been made, it must be transparently investigated. I say this because not only have I dealt with people who have been falsely accused, but I have dealt with more young people than most people in this room who have been abused and who have had to face the process themselves. It is a terrible time for the young people when there are delays because they are faced with having to keep their evidence in their mind, they are going to be cross-examined in disciplinary proceedings and if it goes further than that, they are going to find themselves in court. That is another reason for the process to be speeded up.

However, I think the legislation as it stands at the moment is unworkable. I say this because, particularly if you have a situation where there is residential care alongside education—and I declare an interest as a patron of Livability which has a number of schools with both on the premises—what if you have two people accused at the same time? Will one of them find themselves free from publicity and the other one be thrown to the wolves and to the press? Unless the Government think that through, we will have a series of totally untenable situations. I think it is especially difficult in the present climate to talk about not having transparency in these situations when the Government are allowing the press into the family justice system. There are very strong feelings among families that find themselves and their situation in the press, albeit anonymously, when they find that the teacher who they think has harmed their child is protected. We have all sorts of muddled principles developing.

If this legislation is passed, it will weaken safeguarding. One of the things I know from many situations involving young people is that when one speaks out, it gives a voice to others. We know that an individual child’s voice in a court or in disciplinary proceedings is a very small voice. We know that when other young people come forward because one person has been brave enough to do so, you have much more hope of getting your case together. Even then, those of us who work with young people before the court as victims know that you are very unlikely to get a conviction without a great deal of effort and support. You have much more hope of doing so if you have a number of young people. To those people who say that groups of children come forward to make these allegations, research will tell you that there are very few situations where a group of children comes forward and they all tell exactly the same story that cannot be seen through. The lawyers among us will know that. If you talk to children and young people, as I have done, if they are making up a fairy story, you get it in one. If they tell you the story is the true story, then it follows through.

Like the noble Lord, Lord Knight, I am concerned because it is very difficult for people who are faced with these allegations, but the unforeseen consequences of not making them transparent are huge, and I think we should continue to make sure that our children’s needs are paramount, not the adult’s needs.

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[Lord Black of Brentwood]

My Lords, I support the amendments tabled by my noble friend Lord Phillips and will speak also to Amendment 73M. Just for the sake of the record, I draw attention to the interests I declared earlier. I was very struck by what the noble Baroness, Lady Howarth, said earlier. She said that this clause as currently drafted is unworkable and that unworkable legislation simply brings the law into disrepute. My noble friend has just said that we are not in super-injunction territory, but I fear that, because of the impact of digital media, which I shall talk about in a moment or two, we will be in super-injunction territory at a sort of local level that will cast this legislation into that disrepute.

If we are to have legislation, at least let it be workable. I believe that the amendments tabled by the noble Lord, Lord Phillips, try to do that by importing into new Sections 141F and 141G the concept of the public domain and the public interest. The exclusion of any mention of the public interest in Clause 13, as it stands, is quite remarkable. I cannot think of any other legislation dealing with incursions into the freedom of the press and freedom of expression which do not have a public interest defence. That must be put right.

In my view, these amendments are crucial because the real problem with this clause—the unworkability factor—is that it takes no account of how allegations are spread and the damage that they can do to schools and to innocent teachers in the absence of responsible press reporting. As I said at Second Reading, my concern is that this legislation will simply drive innuendo and rumour underground and new Section 141F(12) will encourage that. Its definition of “publication” is designed to catch the media, which is not at the root of any mischief here, by tying it to material addressed to the public at large. That is the wrong target. The Minister in another place, Nick Gibb, made it clear that this legislation is not intended to capture private conversations, which include e-mail exchanges, texts, Facebook postings, Twitter and all sorts of other mechanisms. That is precisely where allegations and innuendo, which it seems to me that the Government want to be at the root of this legislation, will build up, now that Clause 13 makes it impossible for them to be dealt with in a responsible way in the press, which is constrained by the laws of libel and contempt. In a short space of time, the weight of individual private exchanges may mean that in a small school everyone knows when a teacher has been accused of something, but only the local newspaper will be unable to report it.

[Lord Knight of Weymouth]

The noble Lord makes a really powerful point. I am sure that this legislation was drafted before super-injunctions and before the Twitter activity around certain footballers whose names were disclosed and the mischievous and false rumours spread on Twitter about other celebrities and what they may or may not have been doing. Is that not all the more reason for the Government to look at this again?

[Lord Black of Brentwood]

I could not agree more with the noble Lord. It is a point that I would like to address. Who could imagine what would happen if rumour or innuendo, which turns out to be false, circulates at the school gate about a teacher. There may indeed have been an assault, but perhaps the wrong teacher has been accused in the diaspora of cyberspace, or perhaps, as the noble Baroness said earlier, two teachers have been named in allegations that have been pumping around parents. The only way for teachers to clear their names would be through responsible publication in a local newspaper. That would be in the public interest, and it would reflect the fact that the material is already, in effect, in the public domain because of digital media.

If this law is not to become the same sort of fiasco as the super-injunctions, those defences need to be put in here. I believe that the proposed amendments to this clause will act as a vital pressure gauge and allow accurate and fair reporting where the public interest demands. They will also help some of the massive legal uncertainty that flows from the definition of publication which, by experience, the courts, particularly the magistrates' courts, are not good at dealing with. Often these issues are beyond their competence.

These amendments also mirror exactly the terms of Section 12 of the Human Rights Act, which deals with interference in the European convention right to freedom of expression. That legislation directs a court to have particular regard to the extent to which,

“(i) the material has, or is about to, become available to the public; or

(ii) it is, or would be, in the public interest for the material to be published”.

This legislation, which is a substantial incursion into the convention right, should have exactly the same defences as the Human Rights Act, especially as it is certified to be in accordance with the terms of the Act, and these amendments seek to secure that.

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[Lord Hill of Oareford]

That would be private.

[Lord Knight of Weymouth]

The issue of Facebook is challenging, because it is possible to establish closed groups within Facebook, which people can join only if they are invited. You would not regard those as public because you are there only by invitation. However, once you are in the group, things can be said. Where would that sit?

[Lord Hill of Oareford]

I am not answering. I cannot respond to the speaker. We want to hear from the noble Lord, Lord Phillips.

Education Bill

Lord Knight of Weymouth Excerpts

Monday 4th July 2011 Grand Committee

The noble Baroness, Lady Walmsley, has explored at some length, so I shall not repeat here, the views of the Joint Committee on Human Rights and the Administrative Justice and Tribunals Council. However, they have both concluded that these measures are contrary to the ECHR, as she said, and that the analysis underpinning the Government’s argument in relation to the noble Baroness’s point about contending that the majority of cases involve violence is fundamentally flawed. The AJTC said that the majority of appeals succeeded because the panel did not accept that the pupil had done what he or she was said to have done or the decision to exclude was not proportionate. Therefore, it is very clearly and firmly of the conclusion that taking away the power to reinstate is wrong and that it is not a fair process, even in the very tiny number of circumstances in which it is applied. Does the Minister accept those conclusions of the cross-party report and will he rethink the proposal to remove the possibility of reinstatement?

[Lord Knight of Weymouth]

My noble friend is making an important case, as did the noble Baroness, Lady Walmsley. Later, we will talk about behaviour and attendance partnerships. Does my noble friend think that the notions of fairness that have been discussed would shift if schools had to remain within behaviour and attendance partnerships and therefore had to make sure that excluded pupils were properly found a place within that community of schools?

[Baroness Hughes of Stretford]

My noble friend makes an extremely important point, which I was also going to try to make but he has made it very well. This is one of the problems with the way that the Bill has been constructed, tearing down, as it does—in my view, somewhat recklessly—a whole range of requirements and apparatus. When you look, as we will shortly, at the proposal to repeal the responsibility of schools to be in a behaviour and attendance partnership, and set that alongside the measures before us, you see that the situation is compounded. At least if schools were in such a partnership, they would have a responsibility to work with schools in their federation or partnership to find solutions for those difficult children whom some schools propose to exclude. Taking both away makes things very difficult. One cannot see what will happen to children when they are excluded through this process.

If the Minister is not minded to reconsider, will he explain to the Committee what safeguards the Government would put in place to assure the groups whom we have been discussing who are already adversely affected by permanent exclusion and would be more so through these measures? What safeguards do they propose to put in place, not just to contain but to reverse that trend?

Many organisations in addition to those mentioned by the noble Baroness, Lady Walmsley, have expressed their concern about these proposals. The Children’s Society, the National Children’s Bureau and the Children’s Commissioner have asked the Government to think again. Some trade unions have raised a slightly different but equally important point, arguing that rather than reducing bureaucracy there is a danger that, unless either the amendment that I am speaking to or that proposed by the noble Baroness, Lady Walmsley, is enacted, removing the panels and taking away the power to reinstate may lead parents to think about taking legal action against schools. That would involve a great deal more work and unnecessary bureaucracy for schools.

The amendments proposed by the noble Baroness, Lady Walmsley, would mean that all parents of permanently excluded children would be able instead to appeal to the first-level tribunal. That has much to commend it. Those tribunals, unlike the review panels, would be led by somebody who was legally trained, which is a big advantage. One could ask, as did the noble Baroness, what the consequences would be in terms of time, delay and expense of all the cases going to such a tribunal. Might there not be an argument for a remedy at a more local level for at least some of those cases? I am open to debate on that point; the main thing, as we have both said, is that there should be somewhere in the system a right of appeal to a body that has the power to reinstate.

Sir Alan Steer recommended in his independent review, Learning Behaviour:

“Independent exclusion appeals panels should be retained, both in the interests of natural justice and to prevent schools becoming embroiled in time-consuming or costly alternative legal processes”.

I have mentioned the Runnymede Trust, which has provided a number of case studies, one of which is particularly salutary. It is the case of the Formula 1 champion, Lewis Hamilton, who when he was 16 was excluded from school in a case of mistaken identity after he witnessed an attack. In his autobiography, he writes:

“I knew I was innocent but”,

the head teacher,

“did not appear to be interested. Subsequent letters to the local education authority, our local MP, the education secretary and even the prime minister, were of no help. No one appeared to listen—no one either wanted to or had the time. We were on our own, and I was out of school”.

However, Hamilton’s school career was saved due a successful case made by his father to an independent appeal panel, which reinstated him at the school.

While there is a chance of even a small number of cases such as that occurring, and given the arguments that we have all made about natural justice and fair process, it would be wrong to remove the power to reinstate. The noble Baroness, Lady Warnock, asked at our previous sitting what would then happen if that decision was taken. Yes, we can have a conversation about where that child goes. However, to have won your appeal puts you in a very different position from being excluded and there being no power to reinstate.

--- Later in debate ---

[Baroness Morris of Yardley]

The noble Lord is right. As a not so infallible Minister, I remember the legislation because there was a fear that local authorities would make life difficult for head teachers. If my memory serves me right—and I am absolutely sure that it does on this—there was a requirement in previous legislation to make sure that someone with educational experience was on the appeals panel. Previous legislation has done the mending that needed to be done in terms of the appeals panel. People who have served as Members of Parliament may also know that there has always been a feeling among parents and students that appeals panels lean over backwards to support the schools. If there is a feeling in society, it is not that the appeals panel leans over backwards to exclude the child; it is the other way about. As the noble Lord said, many people on the panels have educational experience and want to support heads. Therefore, the people on the appeals panel are not anti-heads, anti-discipline, anti-order, anti-fairness or anti-justice; they are people who know about education and they try to do a difficult job.

[Lord Knight of Weymouth]

When the noble Baroness talks about heads, I wonder what her thoughts are on the pupil premium that has been introduced by the Government. Interestingly, it motivates heads to admit pupils from poorer backgrounds; and we know that, because of the chaotic backgrounds that some children from poorer backgrounds might have, behaviour might then be an issue to some extent. Does she think that there might be a danger of selection by exclusion, whereby heads take in children to get more money and then, whether deliberately, up front or otherwise, exclude those who are more difficult and damage the education of others?

[Baroness Morris of Yardley]

My thoughts had not gone that far, but my noble friend puts forward a very interesting proposition. I think that perhaps why he thinks that—and why he is right—is because some heads have always sought to manage their admissions through some element of exclusion. There are times when that is right. Some heads, in their first year of taking over a school that has been in very challenging circumstances, have excluded to lay down rules and regulations and to make sure that they can set standards. I understand that, but what the noble Lord suggests would be a terrible thing—and I hope, having put that on record, the Minister will bear it in mind.

I will finish there, because I wanted only to make that brief point. Either assumption is wrong, whether it is about the infallibility of heads or whether it is that when they make a mistake we pretend they have not made a mistake. Worse than that, this is not only unjust and unfair but will do nothing to improve discipline, because the kids and the school community will know that a child was excluded, that the appeal found for them and that the child has not been reinstated. That will do nothing to encourage the school community to support the head. Kids are really good about fairness, and so are parents. The legislation as it has been put to us will not help in that regard.

--- Later in debate ---

[Lord Lingfield]

My Lords, I am sure that the Minister will confirm that this did not rise just out of a vacuum and that a large number of teachers and teachers’ organisations have indeed been in contact to support this piece of legislation. It is hugely important that where punishment is going to happen in schools it happens quickly in order to be effective. This legislation will not actually place a duty on schools to do this but simply provide a power to do it. Some schools could decide in their wisdom that they want nothing to do with having detentions under these circumstances. Others could decide that only certain members of staff under considerably constrained conditions may do so. Therefore, we can expect a variety of responses among schools in order to do this. However, there is absolutely no doubt that this power is needed by schools—or at least by some schools. It is part of a series of new tools for the toolbox that I am sure the Minister will agree he is trying to provide, and sends a message to teachers, pupils and parents that a lot of the misbehaviour that we have heard so much about is being combated. It is not one thing—there are other things, all of which are hugely important. They send a clear message to those people that they are going to be supported by government under these circumstances, and that teachers will not have to put up with the kind of misbehaviour that we have heard quite a lot about.

According to the thrust of the Government’s position, these decisions should be left to individual schools. We trust individual schools to make these kinds of decisions. Frankly, it is good so to trust them. Given that kind of trust, the response is always more professionalism. We do not need any more safeguards built into this. Where things are, there they should stay.

[Lord Knight of Weymouth]

My Lords, I will briefly make three points, unless something else occurs to me as I am on my feet. First, will the Minister tell us how many schools have actually asked for this? I have listened carefully to what the last noble Lord said, but in my three years as Schools Minister no school ever asked me for this power. I would be really interested in what evidence there is for a demand for it.

Secondly, I listened to what the noble Lord said about the fact they we should trust schools and leave it to them to decide whether to use the flexibility that they are being given in this Bill. I refer back to what the noble Baroness, Lady Jones, said about schools not necessarily fully understanding the circumstances of some of their pupils’ families; her example was whether or not they have caring responsibilities. I was shocked to talk to some schools where they did not know that parents might be in prison. All sorts of things happen that families do not necessarily want to go around talking about but which affect the nature of the home environment, and would then affect whether it would be appropriate to give a detention without notice on the same day after school.

Finally, on reinforcing the discipline from the school at home, when I was given detentions at the prep and independent private schools that I went to for things like forgetting my towel or—God forbid—being cheeky and a bit mouthy, which I know would shock noble Lords, there was always a letter home that went with the detention. That was always the worst part of the punishment: your parents knew that you had been given a detention. Giving 24 hours’ notice so that your parents are informed of the detention is a really important aspect of linking up the discipline of the school with home. We know that the single most important determinant of the success of a child’s education is the involvement of their parents in that education. I strongly believe that it is really important that we ensure that that linkage through the notice is there in every school.

[Baroness Howarth of Breckland]

My Lords, I wish to follow the noble Lord, Lord Knight, because I found it extraordinarily surprising that this Government, who stand very much for working with and alongside parents and making sure that there is accountability and responsibility at home, can suggest that they would give a detention without informing parents. Having worked with the Minister, Tim Loughton, on other issues and knowing how important it is for the Government that children should be safeguarded, I find it astounding that they can suggest that children can be detained in the evening and be allowed to go home without their parents knowing and without safeguards. I expect better.

Detention is not always about discipline. I got my detention for leaving my French homework on the bus and not producing it.

--- Later in debate ---

[Baroness Garden of Frognal]

My Lords, as we have all agreed, improving standards of behaviour in our schools is of great importance. We know that having a clear behaviour policy, which is consistently applied and includes positive incentives as well as sanctions, is essential to ensure good behaviour. This clause is one measure that the Government are taking to help schools to achieve this. Its intention is to allow teachers and head teachers to use detention in a way that is appropriate to the circumstances of their school and individual pupils to maintain a safe and orderly school environment.

My noble friends Lady Brinton and Lady Benjamin and other noble Lords have raised concerns about the safeguards, but safeguards are already in place to make sure that parents know what to expect with regard to detention outside school hours. Section 89 of the Education and Inspections Act 2006 requires that head teachers develop a behaviour policy in line with the principles drawn up by the governing body, and publicise it to parents annually. This policy must include all the penalties that the school uses to maintain discipline, including whether the school issues detention outside school hours.

The amendments in this group seek to place additional requirements on schools in relation to contacting parents when they wish to give a detention. I understand the intention behind the amendments. My noble friend and the noble Baroness, Lady Jones, rightly consider that courtesy to parents and issues of child safety are of the utmost importance. Of course, I agree with them about that. However, noble Lords asked where these requests had come from. They may have read the briefing by the Association of School and College Leaders, which read:

“We welcome removal of the requirement to give parents 24 hours notice of detentions. We note that at second reading there was concern that this power could be abused. School leaders are well aware of the position of child carers, as well as other concerns such as children walking home alone in the dark and in the vast majority of cases will continue to give 24 hours’ notice. We are confident that schools can and should be trusted with this additional discretion”.

We have had meetings with school heads who support that to the hilt.

I believe that teachers and head teachers will consider the circumstances of their schools and pupils in setting their policies on detention so that they can promote good discipline but also safeguard children’s welfare and support good relationships with parents. However, I shall also set out the existing legal safeguards that protect children’s welfare if they are given a detention. Section 91 of the Education and Inspections Act 2006 requires that disciplinary penalties must be reasonable in all circumstances. When considering whether a disciplinary penalty is reasonable, teachers must take account of the special circumstances of the pupil, including—but not limited to—their age and special educational needs, or any disability they may have. That would include the concerns raised by the noble Baroness, Lady Jones, about autistic children and their very special needs.

The Section 91 requirement applies when issuing detention outside school hours. This means that a detention will be lawful only if a teacher acts reasonably given the circumstances, including in relation to giving notice to parents. My noble friend Lord Lingfield raised the fact that this is a power, not a duty, that schools will have.

[Lord Knight of Weymouth]

Do those legal safeguards mean that the noble Baroness’s expectation is that parents’ recourse would be to the courts—and the expense of going to court—if, for whatever reason, they did not feel that they had been given notice that their child would not be at the school gates to be picked up and that had caused them to worry? Is there another third party to whom they could appeal?

[Baroness Garden of Frognal]

The noble Lord raises a valid point. There will be a school complaints procedure to which parents can normally turn in the first instance. Given the special circumstances in which this might arise, one would have thought that that would be the first line of action.

I also understand noble Lords’ concerns regarding the safety of children when travelling home from school, particularly in rural areas. I should reassure noble Lords that, in addition to the safeguards I have just described, Section 92(5) of the Education and Inspections Act 2006 makes it clear that, when considering an out-of-hours detention, teachers must consider whether suitable travel arrangements can be made via pupils’ parents. For some rural schools, out-of-hours detentions may never be appropriate, whatever the notice period, as has already been raised in discussion. I believe that head teachers will make sensible decisions in their individual circumstances.

In our debate on Tuesday, the noble Lord, Lord Sutherland, described some of the difficulties that schools can face in working with a minority of parents. There is a risk that requiring parents to give consent for a same-day detention or to confirm that they are aware of it could, in a small number of cases, allow parents to obstruct appropriate disciplinary penalties. I should reassure noble Lords that the department has released new concise guidance on teachers’ legal powers to discipline. This guidance makes it clear that the school must act reasonably when imposing a detention, as with any disciplinary penalty. In addition, when deciding the timing, the teacher should consider whether suitable travel arrangements can be made by the parent for the pupil. I believe we can trust teachers to consider this and act appropriately.

In reply to the noble Lord, Lord Knight of Weymouth, a study carried out for the Department for Education found that teachers reported a lack of support from parents, describing a “them versus us” mentality. That same study found that teachers felt that the removal of the requirement for 24 hours’ notice of detention would empower them. I can send the noble Lord and the noble Baroness, Lady Howarth, a copy of that study. We stress that the vast majority of parents would be likely to be supportive if they could see that the detention was in the interests of their children. However, this measure is to take account of cases where that might not be seen as an appropriate action.

[Lord Knight of Weymouth]

Is it not the case that the amendment asks for parents to be given notice? It does not require consent. I completely understand that there may be problems over consent if the relationship between home and school is not great. The important thing is that parents know that their child will not get off the bus.

[Baroness Garden of Frognal]

Parents do not necessarily answer their phone. The fact that one has sent a letter home with the child does not necessarily mean that the child has passed it on—I can remember that being the case when I was a teacher. In some cases it was difficult to get hold of the parents to ensure that the message had been sent through. I come back to the point that, were there a difficulty at home, teachers and head teachers would be aware that it might not be an appropriate action to take. It would be taken only where it was deemed to be the right thing to do.

--- Later in debate ---

[Baroness Jolly]

My Lords, I am happy to support noble Lords’ Amendment 64 and the thrust of Amendment 64A in the names of the noble Baronesses, Lady Hughes and Lady Jones. At Second Reading, I went on record to defend the GTC for England. On these Benches, we support the removal of quangos that are unnecessary or whose functions are retained elsewhere. However, that clearly will not happen in this case. We will be left with little more than a list of teachers who are no longer fit to practise. There will be no remnant of a professional registration body.

It is said that a society is measured by how it cares for the vulnerable—the elderly, the disabled, those who are ill and children. A teacher has the future of a child in his or her hands. Nurses, doctors, lawyers and social workers have registration bodies that act independently of the Government. Only last week, I heard of plans by the Nursing and Midwifery Council to include the registration of healthcare workers. What is therefore special about teachers in England that this is denied to them? The elegant Amendment 64 calls for the members of the profession to reject the Government’s proposals, should a majority of them so wish, thus maintaining the status quo. Amendment 64A outlines a professional registration body as it should be through proposed new paragraphs (a) to (e), and it is a proposal of which teachers could be proud.

Consequently, on these Benches we support the intention of Amendments 64 and 64A. The noble Lord, Lord Lingfield, made the point that the GTCE had not worked so far. That is absolutely no reason to dismantle completely something that should exist. It is incumbent on us to leave it there and try again.

[Lord Knight of Weymouth]

My Lords, I shall be relatively brief; I suspect we shall want to adjourn fairly soon. I was pleased to put my name to the amendment in the name of my noble friend Lord Puttnam, not just because there is a reasonable presumption that you should always agree with one of the people who proposed you at your introduction but because he is, as ever, right. As we have heard, the amendment suggests that teachers themselves should vote on whether the GTCE should continue. I looked up what the Secretary of State, Michael Gove, said on 2 June last year, when he announced the scrapping of the GTCE. Incidentally, I understand that the people working there, including the chief executive, were at the time as surprised about it as everybody else. Michael Gove said that the Government trust the professionals. This amendment trusts teachers to decide whether they want their professional body to continue.

The other half of the amendment uses the proper threshold. This should appeal to the Government, given that on 26 June, on the “Andrew Marr Show”, the Secretary of State Mr Gove confirmed that Ministers are looking at minimum thresholds in the context of strike ballots. In respect of such a ballot, which I am assuming that the Minister will say he supports, because it is so much in the spirit of where this Government are going, I would argue for the retention of the GTC, but with reform as necessary. Why the GTC? Because, in the end, professionalism is important. Again, I looked up the words of the Secretary of State in November last year in his forward to the White Paper. He said:

“At the heart of our plan is a vision of the teacher as our society’s most valuable asset”.

He went on to say:

“There is no calling more noble, no profession more vital and no service more important than teaching”.

Who could disagree with his words?

The Secretary of State’s actions cause me a little more concern. Given his commitment, if he so believes in them and their professionalism, it is a surprise that teachers have voted overwhelmingly that they have no confidence in this Secretary of State. Perhaps that is because of the reality of his attacks on that professionalism. Look at what he is doing to the pension scheme. When the noble Lord, Lord Adonis, was in his place, he renegotiated the teachers’ pension scheme and made it effective and funded. They see that attack. They see anyone being allowed to teach in free schools, and they see a mum’s army being asked to come in and teach during the strike. If he was Health Secretary, would he have had said the same about nurses, and that mums should go and replace nurses in hospital if there was a nurses’ strike? If he was the Secretary of State for Communities and Local Government, would he ask them to do the same if there was a firefighters’ strike? I suspect not. I suspect that he would respect their professionalism more than he respects teachers.

Then he wants them arbitrarily to close their professional body. As others have said, would he have closed the General Medical Council if he was Health Secretary? No he would not. He would respect their professionalism and their professional body. The other shocking consequence of the abolition of the General Teaching Council is that the teaching agency will take on only the disciplinary functions of the GTC, as we heard in a speech of my noble friend Lady Jones. Can he confirm this? Does this seriously mean that there will no longer be a register of teachers? If so, this is an extraordinarily reckless move by the Government. I assume that the logic is that it is now up to schools to decide whether anyone can teach and what they are paid, and it is all part of this wonderful freedom that we are now going to give head teachers. Hence the assumption is that everyone is eligible to teach unless they fail a CRB check. I find it incomprehensible as to how that will work—and not just in relation to the relationship with Northern Ireland, Wales and Scotland and making sure that people can move freely, as was pointed out by the noble Baroness, Lady Jones. I just do not understand how the teaching agency will exercise its disciplinary functions without a register or how this move will improve teaching standards. I see it only lowering teaching standards. There are opportunities to use a register to raise standards. You could introduce a right to continuous professional development to teachers and, in return, they would have to re-register, so that we could ensure that they continued to receive training and raise their professional standards.

Finally, I repeat the point that this is part of the power grab by the Secretary of State. He will be directly responsible for recruiting, training and disciplining teachers as a result of this Bill. That is a massive change. It makes him very vulnerable to problems, when problems occur, as they inevitably will. But that is his problem.

These are just some of the arguments and reasons why I would reform the GTC to distil its statutory functions down to those coincidentally in Amendment 64A, proposed by the noble Baroness, Lady Jones. We could also think about the composition of the council and how it can be reformed better to represent the customer rather than the producer of education. With reform, I think the GTC can be an effective organisation, but I am happy to be hands-off about this and to leave it to teachers—hence my support for the amendment. If teachers do not want their professional body, they should be trusted to get rid of it.

[Lord Willis of Knaresborough]

I rise partly to apologise to the noble Lord, Lord Lingfield, for calling him Lord Lucas earlier. I am sorry for that. I blame my Front Bench for giving me the wrong information. I do not want like the noble Lord, Lord Puttnam, to go back to the Middle Ages and end up at 1858 with the General Medical Council or indeed to revisit Nicholas Nickleby and the Dickens novels. I would like to start in 1963 when I became a teacher. It was the proudest day of my life when I got my first teaching post and went into a secondary modern school, Middleton County Secondary Modern boys school in Leeds. I spent 34 years in the teaching profession and I regarded it not only as a profession but as the most noble and decent thing that I have done in my life. If I had my life to run over again, I would do exactly the same thing.

One thing was always missing, however. Those of my friends who, unlike me, did not leave school early to try to play football and fail before going into teaching but who became doctors, lawyers or dentists all had a professional body which not only were they proud of but which decided the standards by which they ran their profession and which they met.

It was interesting that last Thursday we had two of your Lordships, the noble Lords, Lord Ramsbotham and Lord Hill, proudly talk about having to visit the dentist. I do not know whether it was an enjoyable experience for the Minister but it certainly was for the noble Lord, Lord Ramsbotham, who was speaking perfectly well today. I suspect that when they went to the dentist they wanted to know that the dentist was registered as a dentist with the General Dental Council, which was set up by the Dentists Act 1956. If they had any doubt, they could have gone on the internet, looked at the register and confirmed that the dentist was qualified, registered and hopefully competent. They would not have liked to go on to the web and seen a phrase saying, “It might be a dentist. The only information we have is that he has not been barred for misconduct and that at some time in the past he did some training”.

That is what we are talking about. Let us remember that this Bill comes from the White Paper, The Importance of Teaching. If the importance of teaching is to say that we are not even prepared to let you as a profession have your own register to decide the standards by which you operate, the standards by which parents have confidence in you and the standards by which society has confidence in you, then God help us.

I can say to the Minister that the dentist that he visited last week was taught by teachers. They got the training necessary to go off to university and to train as a dentist from the teaching profession as it stood. I say to my noble friend that the GTC was set up by the Teaching and Higher Education Act 1998 and that I sat on that Bill. To be fair to the Minister, the Labour Party at the time was not desperately keen on it either. I can remember proposing an amendment to that Bill which set up the register, because the original proposal—the noble Lord, Lord Puttnam, will agree—was to have a GTC but with the Secretary of State having the register. It was through good argument during the passage of that Bill that we persuaded the then Government that essential to a GTC must be a register of teachers who were not only trained and competent. That was the very basis of it.

I support much of what the Minister wants to do in saying to schools that they are going to have greater autonomy, that head teachers will have greater autonomy and that the Government are going to set up all sorts of different organisations, although we may or may not agree with some of them. But to say that the one group of people who cannot have autonomy are the teachers themselves as part of the teaching profession is sad indeed.

As the noble Lord, Lord Knight, mentioned, for the Secretary of State to say in his White Paper that there is,

“no calling more noble, no profession more vital and no service more important”,

than teaching and then, at one stroke of the pen, say, “Ah, but you are not even worthy of having your own teaching council”—my goodness, Minister, you really do need to think again.

Education Bill

Lord Knight of Weymouth Excerpts

Tuesday 28th June 2011 Grand Committee

[Baroness Perry of Southwark]

My Lords, the noble Baroness, Lady Massey, always talks a great deal of sense, and I absolutely agree with her about the can of worms. The whole issue is a can of worms, not just what the amendments address.

It would be wonderful if we could assure ourselves that every school in the country had such excellent discipline that rules about what can and cannot be brought into the school would be instantly obeyed, that children who have been told that they had to put things in lockers would do so, and so on. Unfortunately, in many schools, that is not the reality. There are crisis incidents where a teacher will suddenly become aware that not a child but a large, hulking teenage boy is carrying a knife and bringing it into the classroom at the end of a fight or row outside and there is every chance that he may intend to use it. At that point, a teacher has to take action. Whatever legislation and whatever framework the House or Parliament can produce has to allow for such a crisis for teachers.

[Lord Knight of Weymouth]

Does not that particular scenario—which is obviously a real and concerning one for teachers in some schools—of a large physical presence with a knife underline the need for proper training? Without proper training, the danger into which the teacher might be putting himself or herself by using force, however reasonable, to try to confiscate the knife could be profound, however great the crisis may be there and then.

[Baroness Perry of Southwark]

I was about to move on to training. With great respect to the noble Baroness, Lady Jolly, I do not think it could be only one person who is trained because the scenario I was describing could happen to any teacher. It could happen to a very small female teacher like me—I have taught in some tough schools in my time, with some very tough, studded-black-leather-jacket chaps in my classes—and so every teacher needs to be trained. They need to understand how to deal with someone who is carrying a knife in his back pocket, his sock or wherever it is. I would certainly argue for minimal training for all teachers in how to deal with such issues.

However, that is not to make them think that they should therefore be doing searches all the time. Rather than training in how to do a search—although that must be an element—there should be much better training for teachers in when a search is or is not appropriate. I would keep it very much to the crisis situation and to previously known offenders who have tried before to smuggle things into the school and classroom. That is where a teacher’s judgment is the most important thing of all. We are imagining helpless, innocent pupils with aggressive teachers; however, as I have said, it can be exactly the opposite way round. The training needs to give teachers the ability to make the judgment as to when a search is or is not appropriate.

I heartily support the need for training but ask that we reverse some of our mistrust of teachers and our assumption of innocence among pupils and allow for the other way round.

--- Later in debate ---

[Lord Lingfield]

My Lords, I apologise to the noble Baroness, Lady Massey, for disappearing for a bit during her contribution. I had to move my car before it was searched.

I do not want to stray too far into anecdote, but I visited a school perhaps two years ago where a woman teacher told me that the previous day she had been in a classroom when a boy had stabbed another pupil with a small penknife, luckily not doing much harm, and had then put it back in his pocket. There was no one else around, so she searched him and took the penknife away from him. She did absolutely the right thing for that particular occurrence.

This brings to mind something terribly important: there were no male teachers in that school at all. We have to remind ourselves that recent statistics suggest that the percentage of male teachers in primary schools has now reached something like 15 per cent, and in secondary schools the figure is around 20 per cent. A large number of primary schools have no male teachers at all. That teacher would therefore have fallen outside the current legislation. As I understand it, the Bill is meant to repair that. Of course training is hugely important, and in that school the teachers had received training—although it was of what you might call the informal kind, as so much training in schools is.

I would not support putting into the Bill a training programme or qualification for searching, but I would support the Government giving high priority to ensuring that guidance for schools suggested that training was hugely important in this area. It is vital that we send out a message to teachers that they are going to be backed when faced with serious discipline problems of this kind. We know that many of the children involved have special needs and are particularly vulnerable but we nevertheless have to send out that message to teachers, and my view is that the Bill will help that enormously.

[Lord Knight of Weymouth]

My Lords, I support my noble friend Lady Massey and others who have described this as a bit of a can of worms. With all respect to the Minister and his colleagues, I know how this comes about: you hear of difficult incidents in individual schools, you want to satisfy the perception in certain parts of the media that behaviour in schools is dreadful and you want to be seen to be doing something about it, so you move to legislation. As we have discussed, though, once we start to explore the issue we then see that there is a need for training, be it enforced through guidance or through legislation, and we soon arrive at the notion that there needs to be whole-school training. Once you get into training the whole school workforce, if they are going to use these powers, I imagine that many head teachers looking at their budgets would say, “Well, I probably won’t use these powers because I can’t afford the training of the whole school”, and then the legislation would become largely redundant. There are many other cans of worms that could wriggle out, which we could explore if we had time.

What will the powers do that the current powers do not? Paragraph 61 of the Explanatory Notes explains that the current powers under Section 550ZA of the Education Act 1996 allow other prohibited items to be searched for as specified in regulations. I would be interested to hear what Clause 2 does to extend the list of prohibited items from what would have been prohibited previously under regulations that the Government could have deployed using current powers.

I say in passing that it is easy in this debate to write off mobile phones as things that should be confiscated. However, mobile phones in classrooms can be used as very powerful computing devices. I would not want this debate to pass without standing up for the use of mobile phones as handheld computing devices that need to be managed. When I was at school, the pen was abused by many pupils who wrote nasty things about teachers and other pupils, yet nobody suggested that we ban the pen, because it was an important learning tool. Some electronic devices are also useful learning tools in the current century.

My final question to the Minister is: how will an appeals process work if the powers are used by a school? Will the process be governed by the school rules, with pupils and parents being able to go to the head teacher and then, as a final recourse, to the governing body? Many schools will be academies, so there will be no referral to a local authority if parents are dissatisfied with what the governors say. Will there be an appeal to the Secretary of State, or will the parents have to go to court, if they have the resources to do so? It would be helpful to understand how the appeals process will work.

[Viscount Eccles]

My Lords, I have listened very carefully and tried to think, if I was the head teacher of a school, how I would approach the problem and what I would say to my governors and to the political system. Clearly it is a deeply cultural issue which carries an enormous content of expectations. The idea of the noble Lord, Lord Sutherland, needs to be followed up.

I would try to turn this into a routine exercise—something that is as emotionally and culturally unloaded as it can be. We all go through a form of search whenever we go to an airport. I do not think that we like it. In fact, I remember one or two famous occasions when people did not behave very well when they were crossing borders or going through airports. I have knocked about a lot in the third world, where things can feel very undignified. I remember trying to get into Brazil from Paraguay. The queue was held up for a very long time while all sorts of unpleasant things were suggested by the people at the border. I think they were looking for money, which of course was a different circumstance.

Perhaps we should turn our minds away from bad expectations. Do we not talk too much about disadvantage and vulnerability? Are we really sure that many of the circumstances in which people bring the wrong thing to school are the result of disadvantage or vulnerability? It could be the result of many other things. I urge the Committee to urge the Minister to think hard about the best advice that could be given to head teachers and governors about how to cope with the particular circumstances in which they find their school, and how they could turn the question of controlling the arrival of unsuitable things in their school into a routine matter, so that the measure referred to by the noble Lord, Lord Sutherland, which is terribly important, can be confined to emergencies. I suppose that as a head teacher, one would hope to find no emergencies and no searches resulting from emergencies.

Education: Academies Funding

Lord Knight of Weymouth Excerpts

Tuesday 21st June 2011 Lords Chamber

[Lord Hill of Oareford]

There are a number of complexities in the system. One that is not widely recognised is that, because of the way in which the LACSEG system operates, local authorities continue to receive funding for some services that academies are being funded for. So there is some double funding. It is not that an academy is getting more than it should; it is that, traditionally, the local authority has carried on receiving that funding. We need to look at that and to address all these issues to make sure that the principle of equity is maintained.

[Lord Knight of Weymouth]

My Lords, I agree that the current funding system is too complex, which is why I announced a review when I was Minister in 2008. The consultation was ongoing when the noble Lord became a Minister—perhaps he could have encouraged his colleagues to deal with it quicker by picking up that consultation. Will he answer the specific point raised by the noble Baroness, Lady Jones of Whitchurch, about making sure that no maintained schools have lost out? I have looked at comparisons across local authorities, including in Hampshire, where maintained schools are getting considerably less than they were in contrast to schools in other authorities. Given that the academies in Hampshire have done so well, can he give us an assurance that maintained schools will not lose out as a result of this problem?

[Lord Hill of Oareford]

My Lords, as a former Academies Minister, the noble Lord, Lord Knight, will be one of the few people on the face of the earth who may have some glimmer of knowledge of how the LACSEG operates. I had not realised that he had initiated a review. I would be happy to discuss where he got to with it, because we are obviously grappling with the same issues. He will know that, because of the complexity and because the approach taken varies from year to year and from local authority to local authority, it is hard to be definitive about how the system operates. I give the noble Lord an absolute undertaking that our aim throughout is to make sure that the funding that an academy gets is the same as it would have got as a maintained school, and that a maintained school will not be disadvantaged by the development of the academies programme.

Education Bill

Lord Knight of Weymouth Excerpts

Tuesday 14th June 2011 Lords Chamber

[Lord Knight of Weymouth]

My Lords, I start by congratulating the noble Lord, Lord Edmiston, on his fine maiden speech. He should be as proud of it as he is of the Grace academies. When I was schools Minister, I was very pleased to visit the Grace academy in Coventry, which I remember well as a very fine school. I also refer noble Lords to my entry in the register, in particular in respect of the work that I do for TSL Education and Apple Europe, and my roles as a trustee of the e-Learning Foundation, with the noble Lord, Lord Willis, and as chair of the Institute for Education Business Excellence.

The Bill has some measures that are old, that turn back the clock and that go against the grain of educational change around the world. Other aspects are borrowed from the vision that we had in government of school autonomy and parental choice; and there are elements that are clearly blue, such as the biggest centralisation of power in the hands of central government anywhere in the western world, a watering down of fair admissions and a reckless dismantling of what works in teacher recruitment and retention.

A core feature of the Bill is the centralisation that goes with the abolition of half a dozen arm’s-length bodies. The Minister told us that this increases ministerial accountability, and of course it does. That is all very well if it is accompanied by ministerial responsibility; but when will this Secretary of State take responsibility for his mistakes? As the Chancellor has done on the economy, Mr Gove is going too far, too fast in his cuts, and has had to U-turn, often after legal action or the threat of it. We saw this over BSF, over school sport, over Book Start and now over schools funding. Like the Health Secretary, the Education Secretary makes a decision, announces it, then thinks about it, listens and has to back-track. It is no wonder that he has lost the confidence and support of the teaching profession—and yet he wants to grab all the power in the Bill. That might be fine if he were willing to take full responsibility for his mistakes. Perhaps the noble Minister can tell us if increased accountability means that the whole ministerial team knows that when serious mistakes are made—and I know that they are—they will be the ones who will take responsibility?

There is much in the Bill that I want to talk about. Most issues will have to wait until Committee, such as the abolition of the GTC and of the school support staff negotiating body, 14 to 19 education, free schools, apprenticeships, the role of technology and the future of careers education and work-related learning. There is much to talk about and much that needs amending. However, I will focus now on two issues: admissions and the teaching workforce. The abolition of the TDA and the GTC are stunningly retrograde steps. It has taken more than a decade to drive up improvements in teacher training and recruitment, so that our systems have become the envy of the world. McKinsey's studies, plagiarised in the White Paper, The Importance of Teaching, rightly pay fulsome tribute to them: but the world is now staring in disbelief as the coalition dismantles them. I say with respect to the noble Lord, Lord Quirk, that the number one destination for Oxbridge graduates at the moment is teaching, thanks to the work of Teach First.

Until the last election, teacher training in England was rising in status. Recruitment was buoyant even in the enduringly difficult subjects such as maths and science. The quality was at its highest ever in terms of both entry and product, and rising every year. The standards of the providers themselves had never been higher. Even Mr Gove, the Secretary of State, said on the radio—I almost choked on my muesli—that the new teachers being produced were the “best ever”. The recruitment crisis that had been inherited in the late 1990s was a distant memory.

Is the coalition's response to build on success? No, it is to use the Bill to sweep away the carefully constructed and proven systems that other advanced countries so admired and to replace them with centralising control, taking us back to the bad old days when the Whitehall machine tried to manage teacher recruitment and professional development from the centre, and did it so badly that the TDA had to be set up. If this Government have their way and the provisions of the Bill reach the statute book unamended, the TDA and the national college will become executive agencies. They will be creatures of the Government and constrained by an Administration who have proved themselves at least questionable in aspects of competent delivery.

How long will it be before they have to admit their mistake and recreate the freedoms needed to attract the very best into teaching? How many great teachers will be lost to the profession because the Government will not admit that successful recruitment requires a professional marketing approach, which the TDA has managed with distinction for the past decade? How many children will suffer in the mean time because there will not be enough good, well trained teachers in front of classes?

Then there are fair admissions. As a Minister, I significantly tightened up the admissions code, and now this Bill loosens it. Ed Balls and I decided to do this because it is an essential safeguard, alongside school autonomy, choice and accountability. We should be clear that if you ramp up competition, and funding follows the pupil, you have to ensure fair admissions. If, as this Government say, they are serious about tackling social mobility, they must give all children, regardless of background, an equal chance to get into the best schools. While the Government propose keeping some of the important requirements that we inserted, they have removed the most important element: the teeth to allow enforcement of the rules by the regulator, the schools adjudicator. I acted on this when in office following a survey that revealed that a significant number of schools were inadvertently or otherwise breaking the law on admissions. The repeal in the Bill of Section 88P of the 1998 Act removes the requirement for local authorities to report to the adjudicator on admissions to schools in their area, and the repeal of Section 88J removes the power of the adjudicator to then act to change the admission arrangements of schools. At a stroke, the Bill therefore means that if that illegality creeps back, if schools once again choose parents rather than parents choosing schools, we will not know and no one will have the power to do anything about it. No wonder the schools adjudicator left his post early; he probably could not see the point of staying.

I look forward to Committee. This is, I am afraid, a flawed Bill. We need to draw on all of the talents of your Lordships' House to scrutinise it, and I hope our noble Minister does a better job of listening than his colleagues did in another place.

Education: Vocational Subjects

Lord Knight of Weymouth Excerpts

Thursday 12th May 2011 Lords Chamber

[Lord Hill of Oareford]

I am grateful to my noble friend for her welcome for the Wolf review and her recognition of the importance of vocational education. One of the performance measures that we are keen to try to develop is a destination measure for schools and colleges so that we can see where children and young people go on to when they leave, and so that parents can see how a school or college is doing, whether it is vocational or academic.

We are keen to have more information generally. As that spreads and people are able to look at data and find their own ways of using them, the measure that my noble friend mentioned of seeing how schools and colleges might be doing, particularly as regards vocational or technical subjects, will develop of its own accord. The point of the EBacc is to try to have a small, narrow basis on which to shine a spotlight, particularly on academic subjects. It is not meant to betoken any kind of judgment and is obviously not compulsory. It is not a qualification in its own right. We want schools to decide for themselves whether it is something that they want to pursue. As my noble friend flagged, there is no statutory requirement on timetabling around the EBacc. There is, indeed, no statutory requirement that anyone should offer the EBacc at all.

[Lord Knight of Weymouth]

My Lords, I, too, found much of the Wolf report interesting and valuable. The beginning part of the Statement had a slight annual report feel to it with its list of achievements. It may be slightly cheap to say that I noted there was no list of the number of U-turns that the Secretary of State has performed, but it is time that there was a U-turn on the English baccalaureate. The commitment to end the pervasive two-tier system in education, which many of us have worked hard to try to get rid of, would be more credible if the English baccalaureate included practical learning for everyone, so that the Secretary of State’s commitment to ensure that academic subjects are available to everyone extended also to vocational subjects. Then we might be able to make some progress. The 80 per cent of curriculum time devoted to the English baccalaureate subjects leaves 20 per cent not just for vocational subjects but also for statutory religious education, sport—to which I am sure the Minister is committed—and a number of other things that we all want to see delivered in our schools. How can he show that the Government’s commitment to end the two-tier system as between vocational and academic subjects is credible while the English baccalaureate continues?

[Lord Hill of Oareford]

I know that the noble Lord has worked for a long time to try to overcome the problem that we all see regarding the perception of a two-tier system. I certainly share that objective. Many have strong feelings about the English bacc. I come back to the point that its purpose is not to be discriminatory in the way that the noble Lord suggests—although I know that he did not use that word. The motivation behind it was to tackle the fact that children from poor backgrounds have not had the chance to study certain subjects—such as modern foreign languages, which have declined in number, history or other subjects—as much as one would like. Only 4 per cent of children on free school meals achieve the EBacc. That has a very narrowing and limiting effect on their possible progression to higher education. The measure we are discussing is intended to tackle that situation.

I entirely take the noble Lord’s point that one does not want to entrench a sense of difference in this regard. As he knows very well, alongside things such as the EBacc, which I hope we do not take in isolation, we are committed to university technical colleges and studio schools, which I am very keen to encourage the spread of so that children who are in danger of becoming disengaged get the change to re-engage, learn practical skills and, in the process, pick up some academic ones as well. I understand the noble Lord’s point, but I hope that he and other noble Lords may see the EBacc in the broader context of what we are trying to do across the piece to raise the prestige of academic study, alongside raising the prestige of technical and vocational subjects.

I hope that Professor Wolf’s report, in giving us pointers to how we can give everyone confidence in the quality of vocational qualifications—and I very much welcome the support for that across the House—will be another leg in tackling the problems that the noble Lord identifies.