Schools Bill [HL]

Lord Sandhurst Excerpts

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

[Lord Sandhurst (Con)]

My Lords, I welcome this Bill and its direction of travel.

I will raise four matters today. I turn first to the adverse effect on the mental health of children and young people of the disruption to education caused by the pandemic. In this I pay tribute to the important contribution of my noble friend Lord Altrincham. I am grateful to Barnardo’s for its briefing. Barnardo’s conducts quarterly surveys of front-line workers, and these have shown a steady increase in concerns about the deteriorating mental health of the children with whom it works. In January this year, 76% of Barnardo’s front-line workers were supporting children who had not re-engaged in school. It identified unmet mental health and well-being needs as a primary reason for this. Only 39% of children and young people with diagnosable mental health conditions were being treated through NHS-commissioned community services in the year 2020-21. Supporting mental health in schools is critical to educational attainment. It is good news that the Government are committed to improving mental health support through the rollout of mental health support teams but it seems that, under current plans, only 36% of learners in England will be able to access such a team in their school by 2023. Can we do more? This is the opportunity.

This leads on to school absences. In March this year the Children’s Commissioner estimated that, in the last autumn term, 1.7 million children were persistently absent and 124,000 were missing over 50% of sessions. I am pleased that this Bill will ensure that schools publish a clear attendance policy. Better attendance will also be helped by addressing unmet mental health and well-being needs. This strengthens my plea for mental health support teams to be expanded.

Now I turn to bullying, which is also highly relevant to attainment and attendance. Reports in the Times have raised an important matter. A sixth form girl spoke at a school meeting discussing gender issues. She appears to have asserted that women are defined by their biological sex, not self-identified gender. For this, it seems, she was abused as a transphobe. In parenthesis I add that it is clear that identity issues are now prevalent in a lot of schools and must be difficult for teachers to manage—and we have already heard something about that. Schools will need policy help and advice from those experienced in this, and I ask the Minister to consider that.

Although in this case the school appears initially to have supported this sixth-form girl, later on that support was withdrawn. The girl was told she would have to work in the library if she said anything “provocative” in lessons—in other words, anything that other people did not agree with. In due course she could not face that; she left the school last December. I am gratified that the Times reported that the Secretary of State called the incident “hugely concerning” and said:

“Schools have a responsibility to protect that student.”


If open discussion is not adequately protected, this Bill is an opportunity to introduce any necessary amendments to ensure safeguarding or, if there are existing powers, to lay appropriate regulations. I invite the Minister to review that.

Finally, I read that the Scottish Government plan to remove the current requirements for a gender recognition certificate to be granted. It seems that, in future, anyone ordinarily resident in Scotland over the age of 16 will be able, without the need for any diagnosis or medical evidence, to apply to change their registered sex and achieve this in as little as six months.

This could be important to English schools for two reasons. First, a person of male sex might seek to rely on such an ill-founded certificate without any medical backing or any physical changes to use school facilities intended for women and children—by which I mean girls. Secondly, depending on how it is interpreted, such legislation might enable an ill-motivated person—I stress, an ill-motivated person—who has, without physical change, changed their registered sex in Scotland, and hence their identity, to later revert to their original sex under yet another new name by adopting the same procedure, with no checks. This will pose difficulties for DBS and other record checks for schools and other establishments where checks are required, because identity will have changed.

For these two reasons, I seek assurance that the United Kingdom Government will not agree to recognising such certificates elsewhere in the United Kingdom, outside Scotland, and will look carefully at the measures necessary to ensure that our children and young persons in schools are safeguarded in these respects.

Schools Bill [HL]

Lord Sandhurst Excerpts

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

[Baroness Morris of Yardley (Lab)]

My Lords, I rise to speak to Amendment 171F in my name. Had I not had an amendment in this group, I would have risen to support the amendment to be addressed by the noble and right reverend Lord, Lord Harries of Pentregarth. I very much support the gist of that amendment on citizenship, having worked with him on some of the committees. What it says makes absolute sense and I hope we will see progress with that idea as we take the Bill forward.

Amendment 171F is on something completely different. I do not think it is contentious. I hope that we will all agree that there is a problem that needs to be solved. I do not think for a minute that it has been deliberately created by Ministers or anyone else. I think it is a loophole, but a very big loophole, and the Bill is an ideal opportunity to address it.

We all would sign up to the idea that partnership between schools and parents is absolutely crucial. Whether we are mums, dads, grandparents or whatever, we all make speeches and know that partnership and the strength of it between the teacher, parent and child are crucial. It is possibly more crucial in some areas of the curriculum than in others: sex education, faith education and some aspects of history. That understanding about what is happening in the school is very important so that the parent can support the teacher and the teacher can support the parent, all in the interests of the child.

If we look at the Government’s guidance on relationships and sex education, it says that parents should have visibility of what is being taught to their children. That is the central core of what I have always thought was the case, both as a teacher and through my time in politics. I was therefore surprised to see a letter that a parent made available to me after she had gone to her child’s school to ask to see some of the curriculum papers that were being used in relationships and sex education. In this case the child was in key stage 2, the latter years of primary education. The head had written to the parent to say that he could not make the curriculum materials available to her because the organisation that was delivering that part of the curriculum said that it was exempt under Section 43(2) and Section 42 of the Freedom of Information Act.

In many areas of the curriculum, especially the contentious areas, schools look to outside bodies to bring in their expertise. We have already had a discussion in Committee on the importance of sometimes not necessarily using teachers with QTS but going to where there is specialist skill. This school had asked an organisation to come in and deliver sex and relationships education. But the organisation had said, “This is our intellectual property. It can’t be photocopied and shown to a third party.” The law allows it to claim that parents are a third party. That cannot be right. It does not matter whether they like the curriculum material or not. This particular bit of curriculum material was, I think, very contestable in terms of appropriateness for age. However, even if I thought it the best bit of teacher material I had ever seen, I would say it could not be right that a parent could not have access to it and see it. There are so many areas where a parent would want to know what is being taught to a child, and something needs to be done about this.

It is in the area of contested facts and difficult things to teach that schools are most likely to turn to outside organisations to help. They tend not to do that with maths and English and things like that, because they have the qualified staff in the school. It is for the areas that are difficult to teach, because they are contested, that outside organisations are particularly likely to be approached.

Whether we like it or not, we live at a time when there are lots of curriculum areas in which facts are not facts, and what we all assumed was appropriate to pass on to the next generation is now being contested. We have contested information and different views; as a society and a generation we are trying to work these things out. It is critical that giving ideas and words to the next generation is done with care, openness and the support of all the adults possible.

I very much hope that the Minister will be able to do two things when she responds to this amendment: first, to accept that there is a problem and, secondly, to say how it will be addressed before Report. I do not want—as was the position in the letter I read—the head to have to come between the parent and the outside provider. It was not fair for that head to have to write to the parent, with whom they would be having a longer-term relationship than that over the relationships and sex education lesson. We can all see that it potentially damaged the working relationship between the head and the parent.

Even if it were the case that the law could be got round, or it would have been possible for parent to see the material, or the outside provider need not have said that that should happen, we cannot make the head the go-between. We must have greater clarity. I do not think that this is intentional on anyone’s part. If this amendment is not appropriate, that is fine. We think it works but, if it is not appropriate—or perhaps I should say, if there is a better way of solving this problem—I know that everybody who supports this amendment will be delighted to discuss this with the Minister in the intervening weeks. I hope we can solve this problem.

[Lord Sandhurst (Con)]

My Lords, I too have put my name to Amendment 171F because, as your Lordships have heard, it is important that parents should be able to discover what their children are being taught and, in particular, to see the materials. This has arisen because the commercial providers of materials have apparently tried to prevent parents getting access to those materials. They have met requests for information or to see the materials with the assertion that these are protected, and they can rely on an exemption under the Freedom of Information Act.

I find that surprising. The material has been, or will be, referred to in class to the children, perhaps with slides shown. I should have thought that any duty of confidence on the part of the school to the commercial provider has been waived by that disclosure in class, but so be it—the effect of the assertion is to put parents off and, as we have heard, it puts the schools in an embarrassing and awkward position. The parents and the schools are on the same side.

The issue is, of course, particularly sensitive where the subject matter is RSE—relationships and sex education—but it is not limited to that nowadays. History, economics and politics—a whole range of subjects—raise awkward and difficult matters in which there are strong differing philosophies and political views. It is very important that parents should know what is being taught and, in particular, whether their children are in fact being indoctrinated; things are not always the facts that they appear to be. The content must be accurate and balanced.

This amendment will give statutory force to a policy to which, we would argue, there can be no reasonable objection. In the case of RSE material, there is already statutory guidance, provided by the Government in 2019. I note that only the other day, on 17 June, my noble friend the Minister wrote to the noble Baroness, Lady Finlay. I quote one short passage, as follows:

“When schools choose resources and external provision for Relationships, Sex and Health Education and PSHE, we expect schools to consult with parents on these matters and to make reasonable decisions about the content of their curriculum. Schools should also ensure that when they engage parents, they provide examples of the resources they plan to use (for example, the books they will use in lessons).”


That seems to be the Government’s policy, and who could argue against it? If that is the policy, what possible objection could there be to having it reinforced by statute, which would meet the arguments put forward by certain providers?

In 2019 the Secretary of State wrote in the foreword to the statutory guidance:

“We are clear that parents and carers are the prime educators for children on many of these matters. Schools complement and reinforce this role and have told us that they see building on what pupils learn at home as an important part of delivering a good education.”


The guidance says in paragraph 13:

“All schools must have in place a written policy for Relationships Education and RSE”,


and in paragraph 24, under the heading “Use of materials”:

“Schools should also ensure that, when they consult with parents, they provide examples of the resources that they plan to use as this can be reassuring for parents and enables them to continue the conversations started in class at home.”


Who could argue with that? It is common sense and uncontroversial. However, as we have heard, parents are not always getting the access to which they are already entitled and should be getting. We have heard about the school that obviously felt on the spot because the provider did not want them to see the material. The provider wrote that the material was exempt and that the placing of the copies of the actual documents in the public domain by inspection or copying is not justified. What on earth does that mean? How can it be right not to put a copy in the public domain or show it to the parents?

So there we are. We suggest that the amendment strikes a reasonable compromise. It would not require schools to copy all the materials, some of which might be quite lengthy, but would allow people simply to go into a school and see what is there. That would spare schools the burden of copying. The amendment is necessary and reasonable. Without it, it appears that parents will not be assured that, without recourse to litigation, they can see what their children are taught. I commend the amendment to the House.

[Lord Macdonald of River Glaven (CB)]

My Lords, I have also put my name to this amendment. I entirely agree with the noble Baroness, Lady Morris of Yardley, that the present position is untenable. In 2019 the Government updated the relationships and sex education guidance to make the teaching of certain content compulsory in all schools. The guidance was clear that content should be age-appropriate, developmentally appropriate and—I underline the next words—anchored in science and material facts. It seems that a significant number of independent so-called RSE providers have created materials that promote to schoolchildren, including quite young children, the idea that biological sex is a spectrum, that we all have an inner gender identity that should take priority over biological sex and that our assumed genders are assigned to us at birth.

One may agree or disagree with those propositions, and one may agree or disagree with them being put forward as scientifically based fact, but it is also clear that the 2019 guidance made paramount that parents should have visibility of what is being taught to their children. There are many references to that in the guidance, which says that parents must be consulted in developing and reviewing RSE policies; that

“All schools must have in place a written policy”;


that policies should reflect the communities they serve; and that policies should be “made available to parents” and published on the school website.

However, the intention for openness also covered RSE content because policies should:

“Set out the subject content, how it is taught and who is responsible for teaching it.”


and

“include sections covering … details of content/scheme of work”.

I support this amendment for three main reasons. First, there is clear evidence that the 2019 RSE guidance has resulted in some schools using ideologically driven materials not grounded in science, in my view, with children, including some very young children. This has particularly been so in the field of gender ideology, where some materials appear to deny the reality of biological sex. These teachings have consequences, not least for women’s sex-based rights.

--- Later in debate ---

[Baroness Barran (Con)]

I am sorry; the last thing I want to do is worry the noble Baroness. I am not sure that I will be able to reassure her entirely, but I was coming to this point. Specifically on the intellectual property loophole, which I understand is the point the noble Baroness raised, if she would be agreeable, it would be helpful to meet and go through some of the examples. We would like to be confident that the law is being interpreted correctly and, without seeing the examples, it is difficult for us to establish that. If the noble Baroness agrees, we could look at this in more detail.

[Lord Sandhurst (Con)]

I hesitate to ask this, but I simply do not understand. The material has been relied on and shown to children in class. What good reason is there for parents not to be able to inspect that material within the school?

[Baroness Barran (Con)]

I think two issues underpin the point that my noble friend raises. I will finish the point on intellectual property, which is where I think he was initially; perhaps I misunderstood. We want to be clear that the law is being applied correctly. We will be honoured to take the time to establish that and clarify it for the House. That is one point.

The second point is that I absolutely understand the spirit of my noble friend’s question. When I spoke to colleagues in the department who had previously been head teachers, their answer was that they understand the sentiments that my noble friend expresses but are also concerned that one could end up in a situation in which there are vexatious requests and a school becomes unable to cope with them because of the number of them. With the permission of the Committee, I would just like to be able to explore that in more detail.

Schools Bill [HL]

Lord Sandhurst Excerpts

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

[Lord Knight of Weymouth (Lab)]

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

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

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

[Lord Sandhurst (Con)]

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

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

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