Education Bill

Simon Hughes Excerpts

Wednesday 11th May 2011 Commons Chamber

[Stella Creasy]

My hon. Friend raises an important point. One of the key issues for me is that in Committee the Minister talked about schools triggering an assessment of behaviour, but there is no clarity about how that process might take place. I hope that he will address that point when he responds.

I have a great fear about asking head teachers to become educational psychologists, but that is the implication of putting that power in the hands of schools and making them responsible for trying to work out what provision is best for the children without the support to be able to deliver it. No one is suggesting that head teachers and teachers are not committed to their pupils, but in a system in which they will face only a small financial adjustment of £4,000, in contrast to the cost of supporting a child with emotional and behavioural difficulties and providing special educational needs, it is easy to see where the incentives to act might be.

All Opposition Members ask for is some comfort, assurance and accountability for the use of those new powers, so that we can ensure that young people are not left in the lurch, not left unable to access the appropriate educational systems that they need, not abandoned by schools that are desperate to meet other targets and not abandoned by the professionals from whom they need help because those relationships no longer exist.

The Bill makes putting in place support for children with special educational needs much less likely, not more likely. There might be some wonderful ambitions in the Green Paper, but I am deeply concerned that this Bill means that they will be harder to realise. All of us will be the worse for that, as we see young people in our communities struggle to get the educational opportunities that they need early in life, and are not able to progress later in life.

The new clause and its proposed report would shine a spotlight—a powerful phrase that my hon. Friend the Member for North West Durham (Pat Glass) used in Committee, and on which I hope the Minister has reflected—on those young people, and on what is being done to help them to achieve in life. I hope that the Minister will do more than he did in Committee, when he simply said, “Well, we’ll continue to publish individual datasets,” and bridge the gap between what happens to the data that local authorities previously collected, the data on exclusions and the data on special educational needs. He should commit to bringing to the House those regular updates, so that we might all be confident that young people in our communities are being given the support that they need to achieve. We will all be better for that if he does.

[Simon Hughes (Bermondsey and Old Southwark) (LD)]

I am really here to take part in the debate on the next group of amendments, but I want to refer to one issue in this group in my capacity as the advocate for access, because an access issue arises.

New clause 10, in the name of the right hon. Member for Leigh (Andy Burnham), the shadow Secretary of State, addresses the obligations in the Education Act 1996. The 1996 Act says:

“The Secretary of State shall promote the education of the people of England and Wales,”

and the new clause suggests that it be amended to say,

“and ensure fair access to opportunity for education and training.”

That is an important point, which I recognise and want to flag up. I will rehearse it in the next group of amendments, which I have looked at, have much sympathy with and have spoken to Ministers about, but I hope that the Government will be sympathetic to moving from the current definition of the Secretary of State’s duty to a wider one. If the Government are clear that we have to have better and fairer access to opportunity for education and training, they should recognise that it begins in schools, not in sixth-form and further education colleges. It starts earlier.

I have not engaged in the technical debate, and I guess that there is one concern about the wording of the new clause, but I hope that by the time the Bill reaches the Lords we will have been able to seek consensus and agreement. The lawyer in me anticipates that, if we introduce a duty to ensure fair access, we will probably precipitate people going to court, challenging a decision and looking for judicial review. After the Bill has been through its stages here and before the other House deals with it, however, we might consider whether the Secretary of State will accept a duty at least to promote fair access to opportunity for education and training, moving from the current duty to one that ensures that the fair access point is understood throughout the whole education sector in England, including in schools.

[Kevin Brennan]

What the right hon. Gentleman says is welcome, but is he content to allow for the weakening of the schools adjudicator’s power, which is what this Bill brings about? I cannot imagine that a predecessor Liberal Democrat Front Bencher, someone like Phil Willis, would ever have been content with what the Government are doing in this Bill.

[Simon Hughes]

In my introduction I was careful to say that I wanted to limit my comments on this group to that one issue, not to get into the debate that I have heard across the Floor of the House today, but let me make two points, while trying not to avoid the question. First, the Government’s policy is a combination of ours and the Tories, so not everything—

[Kevin Brennan]

It’s not in the agreement.

[Simon Hughes]

I understand that the policy is not part of the coalition agreement, but secondly, if there are such matters—my hon. Friend the Member for North Cornwall (Dan Rogerson) leads for us on these things—whereby on reflection, or having listened to the whole debate that I have heard today, people think that the adjudicator’s responsibilities are not sufficient, there is a robust team of colleagues at the other end of the building, and I am sure that the matter will be returned to.

May I add a postscript? I chair the school governing body of a Church of England primary school and I am a trustee of a Church of England secondary school. Clearly, there is always an opportunity for abuse of the system if people are not really vigilant and held to their principles. We need to ensure—the hon. Member for Walthamstow (Stella Creasy) made the point well—that those who are potentially the most disadvantaged do not find themselves accidentally or intentionally excluded because the inclusion of everybody works to the disadvantage of other school targets, aspirations, goals, figures and statistics. Eternal vigilance is our duty. We need to ensure that the Bill is robust, and I am sure that further conversations will continue.

--- Later in debate ---

[Mr Wright]

Let me concede that the Minister has been the best Minister for Further Education, Skills and Lifelong Learning that I have ever seen in this Government. He has been exceptional in that regard.

The Minister talked about online and electronic information, advice and guidance about careers. That has its place, but this is my point and the point of new clause 9: a central part of any successful careers advice system is the face-to-face personalised and tailored interaction between a young person and a careers professional, preferably not on a one-off basis on a wet Wednesday afternoon, as we discussed in Committee, but repeated time and again so that trust can be established between the student and the careers professional, and a relationship built up where the professional can know about the student’s wishes, skills, ambitions, potential and limitations, and accordingly challenge, motivate and provide good tailored advice about their prospects.

In Committee, the Schools Minister did not provide huge reassurance on the matter. He seemed to believe that face-to-face information, advice and guidance was not appropriate for all students. I asked him whether he thought such face-to-face access should be the cream of careers advice, available only to a select few students, and he said in Committee that it would depend on the school, which might think it was appropriate for some students, but then again, might not. That is worrying.

Steve Higginbotham, the president of the Institute of Career Guidance, said that as a result of the Government’s plans and the incompetence regarding the transition scheme and because face-to-face advice has not been prioritised,

“The likely reality is that hundreds of thousands, and possibly millions, of young people will never get access to personalised impartial career guidance, having to rely on the national telephone helpline or website and school staff”.

Young people deserve better than that. I believe very much in allowing the professional judgment of teachers and head teachers to flower, but more than anything else I want the potential of the young person to be nurtured. For a Department that states that it trusts the judgments of professionals, Ministers seem remarkably reluctant to allow careers professionals to meet pupils at the school.

The purpose of new clause 9 is to ensure that that would occur. The clause would help to ensure that relevant and personalised advice could be provided for every single student, rather than just a select few in a school. The school governing body—the Minister will recall that I have always believed that school governors have a positive and largely untapped role to play in the provision of first-class careers advice—would have the responsibility to ensure that careers professionals had face-to-face meetings with pupils. It would make sure that, as my hon. Friends the Members for Scunthorpe and for Wigan mentioned and as the hon. Member for Wirral West alluded to, there was not a postcode lottery or even a school lottery for careers advice, with pupils from disadvantaged backgrounds being disadvantaged still further by a lack of resources to fund face-to-face services. If the Minister and the Front-Bench team are serious about wishing to help every child fulfil their potential—and I think they are—I cannot see how they would have a problem with new clause 9. I therefore hope that the Minister will accept it. I give notice that I wish to test the opinion of the House by pressing it to a vote.

Finally, I hope that the hon. Member for North Cornwall (Dan Rogerson) did not take offence earlier when I commented from a sedentary position about flabby liberalism. I was speaking about his policy position, rather than any personal appearance. On careers advice, I think the Liberals are like Joe Bugner rather than Muhammad Ali or the late, great Sir Henry Cooper, whom we lost earlier this month. I wish they were more like Ali and Cooper, and it is disappointing that they have not been so in debate in Committee and in the House today.

[Simon Hughes]

I, too, am conscious of the time so I shall be brief. I welcome the debate, as I welcome the co-operation and exchanges that I have had with the Minister responsible for these matters. I know he has been listening to Opposition Members in Committee, colleagues in both parties and those outside.

On new clause 6 moved by the hon. Member for Scunthorpe (Nic Dakin), and his comments and those of the hon. Member for Wigan (Lisa Nandy), they are right about the need for the new system for EMA, for those who will continue to receive it, to be subject to the two criteria of attendance and punctuality. That is extremely important. That was seen to be a discipline, and in one of the reports I gave to the Prime Minister and the Deputy Prime Minister I made the point that EMA should be continued for those who have started receiving it and that it should be subject to eligibility criteria.

I am sure that the Government will have noticed the equality impact assessment on the EMA plans. In my recommendations to Ministers, I made it very clear that entitlements were better than general localised discretion, because knowing how much they will receive is a consideration for young people, just as knowing what the score is for university costs is a consideration for students. I hope that the Government’s response to the consultation—there are a few days remaining for anyone who has not yet responded and wishes to do so—will not be so prescriptive that it is burdensome and that it will make it clear that certain things will, in effect, be entitlements for young people so that from this summer they will be able to say, “Yes, I’m going to college next year. It will be a good thing for me.” I hope that there is a favourable response. The wording of the proposed new clauses as they are given might not be accepted, but we have more opportunities during the passage of the Bill to get to the same place.

[Mr Iain Wright]

Under the existing provisions for EMA, around 600,000 young people were helped to continue their education. Under the Government’s new plans, 12,000 people will be helped. Does the right hon. Gentleman seriously think that that is good enough?

[Simon Hughes]

Again, the hon. Gentleman would not want to mislead people. The scheme proposes that everyone who this year is in their first year of receiving EMA at the top rate—£30 a week—will next year receive £20 a week. We are talking about hundreds of thousands of people, not 12,000. The figure he refers to relates to the additional agreement, which was never there before, that those with special needs, such as those on income support, those who have been carers and those who have been in care, will be entitled to a minimum of £1,200 a year. I welcome that. The Government will have to keep under review whether that is enough for that cohort of young people and whether the figure might have to be adjusted in years to come.

New clause 9, which was tabled by the hon. Member for Cardiff West (Kevin Brennan) and his friends, makes an important point that was also raised by the hon. Members for Scunthorpe and for Wirral West (Esther McVey). I am in the process of finishing my report for the Government on the careers service and the implications for access to further and higher education, and I am very clear not only that there should be a careers service available for every secondary school child, but that it should include a personalised service. It is not enough that everyone should have access to a telephone service or an online service or be given a book. I know that the Minister understands that point and is sympathetic to it. I hope that we will arrive at the situation in which everyone knows that they will be able to engage with someone who knows about careers and can assist them. It should certainly be one session, but more may be needed.

Those careers advisers also need to be professionally recognised. The six main groups that have provided careers guidance are getting their act together and hope to be together in one organisation this summer. When that is done, they can be recognised, which I think will give us the basis for a good service of general careers information, advice and guidance. I welcome that and hope that Ministers will be sympathetic to the fact that that service must be offered by recognised professionals.

There is obviously a concern in the House, which the hon. Member for Wirral West expressed, about the transition from the current Connexions service, which was good in parts and less good in others, to the all-age careers service, which is generally welcome and could be very good when it is up and running. Ministers understand the need to ensure that a year’s worth of young people do not fall through the gap between the old and new services. We must ensure that resources and arrangements are in place to prevent that.

I want to make one last pair of suggestions for Ministers to consider. I have been across the country talking with school students, and students in sixth-form colleges and universities, and some very unfortunate evidence has come out of that. Some young people, of course, say that their careers advice was excellent, but the majority say that they did not get good enough careers advice or work experience. This was a clear majority, probably about 80%, whether on Merseyside, in Cornwall or anywhere else, and we really have to improve those things.

At the end, I hope Ministers will accept that, in every sixth form, college and school, somebody should have responsibility for the careers service and careers advice, and that another person should have responsibility for the access arrangements—for making sure that people are shown the life opportunities that will come to them after school or college.