Education Bill

Lord Morris of Handsworth Excerpts

Tuesday 14th June 2011 Lords Chamber

[Lord Morris of Handsworth]

My Lords, I, too, wish to add my congratulations to the noble Lord, Lord Edmiston, on his maiden speech. He brings much experience to this House, and we look forward to hearing much more from him.

While I have some concerns about various aspects of the Bill, there are some worthwhile proposals within it. For instance, I welcome the restrictions on the reporting of allegations made against teachers until they are charged with a criminal offence. Other aspects of this Bill cause me deep concern. Under the Education Act 1973, all young people up to the age of 19—whether they are in school, college or employment—have a right to receive impartial careers advice and guidance from appropriately qualified practitioners provided by local authorities. Under this Bill, it is the Government’s intention to create an all-age national careers service for people over the age of 18. However, it is not possible to judge whether it will be appropriate to the needs of today until we have further information about what form the proposed service will take.

All research shows that adults and young people place a high value on the face-to-face careers guidance interview. Will the new service provide only for a call centre helpline and a website, as many people fear, or will those seeking advice receive proper support for a face-to-face interview with a trained careers adviser giving impartial advice on the basis now provided by the Connexions service, which will be closed next March? Sadly, the national all-age careers service will not be available to young people under the age of 18, and we must ask why.

As I understand it, schools will be encouraged to provide careers guidance, but the Bill leaves to the discretion of the school the quantity and quality of what is to be provided. Many of us fear that most schools with a sixth form will simply channel young people into courses, irrespective of whether they are appropriate to their needs, their ability or to their career aims. That is no way to achieve social mobility. The only way to ensure that young people are able to raise and to attain their aspirations is through a first-rate education alongside access to independent and impartial careers advice and guidance that supports them to make the best decisions and helps them to apply for appropriate post-16 learning opportunities.

My second point of concern is in regard to the proposals that deny basic rights and justice in the context of the proposed exclusion process. I recognise that schools must have the means and the support to exercise discipline, but I am disappointed that some schools deal with their problems in a disproportionate manner by excluding pupils, sometimes permanently. Such exclusion can affect the life chances of pupils for the rest of their lives. Many will have special educational needs, and for some those needs are not being met.

Today, I have grave concerns that under this Bill there will be no fair or just remedy for excluded pupils. The current independent panels will be replaced by a review panel with no power to order reinstatement. At best, the review panel can ask governing bodies only to reconsider their decision. I fully accept that governing bodies and heads need to be supported, but they cannot be put above the law and above the rights of the child. With experience to guide me, I cannot accept that the child is always wrong and the governing body is always right, which is the conclusion of the proposals in this Bill.

The Joint Committee on Human Rights—I declare an interest as a member—has considered the many options for the appeals process. The committee is not persuaded that the evidence provided by the Government shows the necessity for abolishing independent appeals panels. The committee is against the Government on the lack of access to some form of tribunal to consider the merits of permanent exclusion. It has concluded that the Government’s proposal is contrary to Article 6 of the European Convention on Human Rights. Unsurprisingly, the committee is not alone in its conclusion on this issue; the governing body should be subject to some test and the Government have got it wrong. The Joint Committee is supported in its conclusion by the Administrative Justice and Tribunals Council, which recommended that all exclusions should be referred to a first-tier independent tribunal with powers to provide effective remedies. I strongly urge the Government to heed that advice.