Children and Families Bill

Lord Touhig Excerpts

Monday 14th October 2013 Grand Committee

The Minister in another place stated that the vast majority of local authorities have some form of virtual school head, but there is variation across the country and legislation was to ensure that this variation was eliminated; again, I look to the Minister for clarification. I am asking for that support to be genuinely extended to looked-after children and care leavers, not simply for reinforcing practice which exists already. I hope for a positive response in this House and look to the Minister for that. I beg to move.

[Lord Touhig (Lab)]

My Lords, I support my noble friend Lady Massey’s Amendments 35 and 37. I will also speak to Amendment 36 in my name. Amendment 36 would grant control of the pupil premium to the virtual school head. It would ensure that virtual school heads are responsible for allocating the pupil premium to looked-after children.

Clause 9 is one of the few parts of the Bill that provides extra support for children in the care system. It amends Section 22 of the Children Act 1989 by introducing a duty upon every local authority to appoint an officer whose role will be to ensure the promotion of the educational achievement of looked-after children. The role is usually referred to as a “virtual school head teacher” or “virtual head”. The idea of the virtual head is not new. My noble friend Lady Massey referred to pilots; pilot schemes have been trialled in 11 local authority areas and have been shown to be extremely successful.

Why is this amendment necessary? Well, the most recent figures we have show that in 2011-12, just 14% of children looked after for at least one year achieved A* to C in GCSEs, including English and Maths. That compares with 58% of all children, so there is no doubt that children who have entered the care system, and who are likely to have experienced abuse or neglect before entry into care, need additional educational support. Once in care, the disruption that can be caused by a placement breakdown or move can also severely impact upon educational achievement.

As parents and grandparents, I am sure we all know that young people approaching their GCSEs have enough to contend with without needing to worry about whether they will be living in the same house when they take the exams. For many young people in care, this is a common reality. It is little wonder that their success rates in exams lag behind the norm. The original proposal to require local authorities to provide a virtual head was contained in the report of the All-Party Parliamentary Group for Looked after Children and Care Leavers, Education Matters in Care. At that time, the chairman of the all-party group was Edward Timpson MP, who is now the Children and Families Minister.

The all-party group went further. It also recommended that:

“Virtual School Heads should control the Pupil Premium”.

The pupil premium allows for a level of financial support for eligible children, which is currently about £600 per annum, to be used by their school. The all-party group report also noted that virtual heads have little control over how the pupil premium is spent and recommended that the system would be more effective if they were given control of this resource. As the present Children’s Minister recommended that these changes were necessary when he chaired the all-party group, I am sure that I am not alone in being a little disappointed that they are not included in the Bill.

The arguments in favour of their introduction remain and I hope that when we consider the Bill on Report, we will ensure that these provisions are properly made. The case for allowing the pupil premium to be controlled by the virtual school head seems to be supported by recent comments made by Ofsted’s chief inspector Sir Michael Wilshaw. He expressed concern that a significant minority of schools are struggling to show how their use of the premium is having any significant impact upon the attainment of those pupils it was intended to assist, so clearly there is an issue that Ofsted recognises. I hope that the Minister will see the wisdom of this amendment, and I look forward to his reply.

[Baroness Morris of Yardley (Lab)]

My Lords, I support the amendments in this group—in particular my noble friend Lord Touhig’s amendment—but I very much support the point made by my noble friend Lady Massey about the need to evaluate. That is a theme throughout the considerations of this Committee. It is not that nobody has thought of doing the right thing but that we have not been good enough in implementation and monitoring, and in amending what we do in the light of the evidence. That is why that amendment is important and is one that we should pursue.

My comments will be in particular about the pupil premium. It is a brilliant little idea. I admit that when I first looked at the Bill and when we were discussing it at Second Reading, I could not be against the notion of the virtual school head but it did not quite ring right with me. I was not against it but I was just not sure that it would have any impact. Perhaps those local authorities that have voluntarily carried it out and feel they own it will make a success of it. My worry was that once you made it statutory throughout the nation, it would become just a job to be done and a box to be ticked. It needed some sort of bite beneath it that would give it teeth and make sure that something happened. I did not raise this at Second Reading because I could not think of anything at the time, but I think that the pupil premium might be one of those things that means that schools and other places in the education system have to sit up and listen because there is a control of resource in someone else’s hands. That might just give the edge to this post, new as it is, as it starts its contribution to education.

There are perhaps one or two other reasons. My noble friend Lord Touhig was right to say that the evidence at the moment is that some schools are not spending the money to greatest effect. Many are, and there are now lots of things that will help them spend the pupil premium to great effect, such as the toolkit. A lot of good work is being done by Ofsted and a lot of people. My worry is that this could be one of the cases where the group of people on whom it is spent least effectively are those children who are looked after. They seem to miss out on every bit of the system. This gives us a chance to make sure that in this we actually give them a head start.

I envisage that those people who are virtual heads could build up a body of expertise and experience about how best to spend the pupil premium. In that way, they could be champions of spending quite a significant amount of money. I am sure that teachers throughout schools in all local authorities might then look to them for advice. I trust that they will do it carefully. I would sooner the amendment said “in partnership with schools” because I do not think it will work unless it is in partnership with schools. Perhaps after consideration here, if it were to be brought back on Report, my noble friend Lord Touhig and others might wish to reflect on that. However, it is a really good addition to what is basically a good idea—the virtual school head. Until this amendment, they ran the risk of not having any teeth to do their work.