Education Bill

Stella Creasy Excerpts

Wednesday 11th May 2011 Commons Chamber

[Dan Rogerson]

It is important to base things on evidence. I went to a Church primary school and my two elder children go to that school. In an area such as Cornwall, which is not one of the most diverse culturally, I welcome the fact that because it is a Catholic school it is attended by Polish, Portuguese and Filipino children, so it has quite an inclusive and diverse mix in what is a fairly white or monocultural area. I say monocultural, because we could otherwise get into an English-Cornish debate. Certainly, in my area there are not the opportunities to engage with as diverse a population as in other parts of the country. However, I am straying a little far from the amendments, Mr Deputy Speaker, so I shall conclude.

I hope that the Government will resist the new clause tabled by the hon. Member for Altrincham and Sale West, because they have a commitment not to expand selection and in my view his new clause would allow the expansion of selection.

[Stella Creasy (Walthamstow) (Lab/Co-op)]

I rise to speak in support of amendment 40. I speak also on behalf of several of my hon. Friends who believe the Bill should not pass without some extremely important debate on its implications for children with special educational needs, particularly in the light of the—I do not think that muscular is the right word, so I shall say pre-gym—Green Paper on SEN. I particularly want to discuss the amendments that would help us to ensure that there are some protections for such children.

The amendment is about not just entrance to school, but exit from school. Many of those working with children with special educational needs are gravely concerned that the changes introduced in the Bill will be disastrous for those young people as they are pushed out of the mainstream sector, lost to our systems of accountability and end up the worse for it. It is worth looking at the numbers of children involved before I move to what the amendment might offer and the questions that I would like the Minister to answer in his response.

We know that 6,500 pupils were permanently excluded last year, and that 300,000 children have faced fixed-term exclusions from secondary schools, a further 39,000 from primary schools and 15,000 from special schools. That is a huge number of children facing exclusion under the current system. Many of us have deep fears about the incentives in the new system. I take it that Ministers feel that they can trust professionals not to abuse the system, but Opposition Members consider it important to ensure that there are checks and balances; otherwise the number of exclusions will dramatically increase.

[Meg Munn]

Does my hon. Friend agree that it is in the Government’s interest to follow the proposals in the amendment? We want the system to work. I believe sincerely that Ministers are honourable gentlemen who want it to work. The amendment offers a way of checking that the policies and procedures that they are pursuing lead to better outcomes for a group of children about whom we are all concerned. Although I understand the Minister’s admirable desire to trust professionals, education is ultimately about children, and if we are not on the side of the most vulnerable children, we are not doing our job.

[Stella Creasy]

My hon. Friend is exactly right. The amendment is about implementation. How do we make sure that as the new policies are introduced, there are not unintended consequences, or perhaps even intended consequences, that we will have to deal with further down the line?

The evidence shows clearly that a large percentage of the children who are excluded from schools have special educational needs—87% of children excluded from primary schools and 60% of children excluded from secondary schools have identified special educational needs. A significant number of those children have attention deficit hyperactivity disorder, autism and mental health issues. Many do not receive the special educational needs provision that would help to keep them in mainstream schooling. For example, a number of children have to wait more than a year to access a mental health counsellor. Clearly, that impacts on schools’ ability to cope with those young people.

The amendment has been tabled today because of the concern that the Bill will create disincentives for schools to deal with those young people and instead encourage schools to exclude them and so pass them on to somebody else to deal with, rather than taking responsibility for their educational needs. All of us acknowledge that the way in which children with special educational needs are supported in the education system should improve. That is not an issue of contention between parties. The question is how we do that.

In Committee some of us expressed severe reservations about considering the Bill without the Green Paper on special educational needs being available to compare and contrast. The Green Paper was published while we were in Committee, and we are grateful that that was not at 4.55 pm on a Friday, but it raised more questions than it answered about how children with special educational needs will fare under this Government.

[Kevin Brennan]

Perhaps my hon. Friend remembers that I asked the Minister when the Green Paper would be published. He said that it was imminent, and it was published the next day. However, he said that the publication of the admissions code was imminent, and we still have not seen it.

[Stella Creasy]

I am always aware of what we might call the cleansing effect of shadow Ministers on the Departments of State when it comes to revealing information, statistics, Green Papers and, we hope, the admissions code. I hope Ministers will continue to listen to the pleas from the Opposition. We need the admissions code in order to understand what will happen. I fear that at this stage the irrigation will not be as successful as it could be.

I agree with the Green Paper when it refers to the difficulties that many parents experience in accessing support for children with special educational needs. It says that the system is inherently frustrating and confrontational. However, setting the Green Paper against the proposals in the Bill, we can see where some of the challenges may lie. We know that we are dealing with a group of young people who desperately need support to remain in education, and we know that that makes a massive difference to their life chances in the future. Between half and three quarters of children between the ages of four and 18 who are excluded from school have significant literacy and numeracy difficulties. It is incredibly likely that those problems will be compounded when they are excluded, so ensuring that exclusion is the last option and that those children are supported into appropriate provision is vital to turning that situation around.

The Minister has suggested that schools might intervene earlier, but one of our deep concerns is that the Bill’s proposals will create disincentives for schools to do so. The amendment has been tabled to encourage Ministers to take a proactive approach to dealing with the consequences of this legislation for that group of pupils and perhaps put on the record how they will do so.

I have already mentioned my concerns about how the proposals might link with the Green Paper, which mentions early intervention and partnerships a great deal. Members who were on the Bill Committee will be aware of my concern that other clauses in the Bill that unhook the relationships between local authorities and schools will make it much harder for those partnerships to be put together and for schools to build the kind of relationships that they need to be able to support young people.

The amendment also tries to draw on some of the work that is needed for understanding how the policy might affect school budgets. Although I hope that it would be an unintended consequence of the proposals, we should consider what might happen if schools are found to have been misusing those powers. The Minister finds it hard to contemplate any misuse of those powers, but were that to happen, it would obviously cause problems.

Ministers were at pains in Committee to say that schools would suffer a financial adjustment if schools adjudicators found that an exclusion had been conducted wrongly—those of us in the Opposition who like to call a spade a spade would call that a fine. The amendment would encourage the Government to monitor that. As a member of the Public Accounts Committee, I am deeply concerned that there might be severe consequences both for schools in the administration of the financial adjustments, or fines, and for us and the public purse, in trying to compare what happens to those young people. The amendment would enable us to track that.

We know the different costs of provision. For example, it costs an additional £15,000 to send a child to a pupil referral unit or short-stay school, and an additional £50,000 to send them to a specialist residential unit. There are huge consequences for the public purse of failing to deal earlier with children who have emotional and behavioural difficulties and allowing a situation to get to the stage where schools exclude them and they go to pupil referral units or for specialist provision. Ensuring that the use of those powers and their financial consequences are monitored would be extremely beneficial to all concerned in trying to understand whether the policies have provided value for money.

The Government also need to address the real concern about the removal of the relationship between schools and local authorities, which have traditionally monitored what happens to those young people. I hope that the Minister, when he responds, will address how we will ensure that those children go on to alternative provision. In Committee, he was very clear that every young person who was excluded would of course remain in some form of provision, but we have no monitoring process to ensure that that will happen. We have no way of knowing that those kinds of provision will be made, especially when the relationships between the local authorities and schools is broken. A child who behaves so badly that they are excluded from school clearly has difficulties that need to be supported.

The Minister claimed that the Bill will create a stronger incentive to intervene early to support children with behavioural difficulties, but again we are left with no information about how those processes might take place. We have no comfort of knowing what will happen next for those children who behave badly, will need that support and perhaps should be excluded from a school.

[Ian Mearns]

I am very taken with what my hon. Friend is saying and wonder how the Minister will give the reassurances she is seeking given that the Bill eradicates the duty on schools to co-operate on a local basis and look after their youngsters with behavioural problems. The current duty to co-operate means that there is at least a safety net for youngsters, but that will vanish under these proposals.

--- Later in debate ---

[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.

--- Later in debate ---

[Mr Gibb]

The example that the hon. Lady gives applies to one individual, but an objection to admission arrangements applies to an entire school, and therefore to a wider range of people, which means that consultation is necessary before those changes are made. That is the difference between the two examples.[Official Report, 13 May 2011, Vol. 527, c. 11MC.]

There is something else wrong with Opposition Front Benchers’ amendment 13. It would give the 152 local authorities a power to direct, but those local authorities are themselves the admissions authorities for about 19,000 schools in England, and it cannot make sense to give them the power to direct themselves, which in essence is what the amendment would do. Nor is the amendment consistent with our general thrust to allow schools the flexibility to put matters right themselves. Adjudicator decisions carry the full weight of law, and any attempt to thwart them through undue delay risks further legal challenge and possible direction from either the Secretary of State or the courts. All admissions authorities, including academies and voluntary-aided schools, must comply with binding decisions, and we believe that exactly how they do so is best judged by the schools themselves. However, when they do so will be just as important in ensuring that we do not create chaos in our admissions system. I believe that we have struck the right balance between national parameters and local pragmatism, so I ask hon. Members not to press their amendments.

I turn to amendment 40, in the name of the hon. Member for Walthamstow (Stella Creasy). She and, through an intervention, the hon. Member for Sheffield, Heeley (Meg Munn) explained that they were seeking to ensure that the impact of the changes made by the Bill to the exclusions process were clearly understood. I agree that it is important to understand what is happening in schools on such an important issue, and as I set out in Committee, extensive statistics have already been published on the number of permanent and fixed-period exclusions, including for each local authority and ethnic group, as too have national and local authority-level statistics on SEN exclusions, both statemented and non-statemented. In collecting information, however, it is important to eliminate the risk of revealing the identities of individual children, and in some instances, numbers are likely to be far too low to deliver the level of detail sought by the amendment. If there are fewer than five exclusions in a local authority area, the numbers are not published.

We collect information on the review panels, and will continue to do so for the new panels, including on how many cases are reviewed, the outcome of a panel’s decision and whether the pupil is reinstated by the school. I can confirm that we will also have details of when an adjustment of a school’s budget share is directed. However, I am happy to meet the hon. Member for Walthamstow to discuss the precise data that she seeks to see whether we can accommodate her request, bearing in mind the fact that we have to ensure that we do not inadvertently publish very small numbers, which could inadvertently reveal the identities of individual children.

[Stella Creasy]

I gladly take up the Minister’s offer of a meeting. But will he still put on the record a commitment to a qualitative review of what happens to young pupils with special educational needs in the next 18 months, to ensure that the exclusion powers are not used by schools to bypass their commitments? Will he also clarify the referral process? I asked him to clarify how young people will be referred for statementing. We need to ensure that schools do not think, “Either we could go through the difficult process of statementing, or we could just exclude the pupil.” Obviously the powers that the Bill gives head teachers will allow precisely that to happen. Ensuring that it does not happen to young people is a key concern for Labour Members.

[Mr Gibb]

We can talk about those qualitative issues when we discuss the quantitative ones in the meeting that I just offered. I am happy to do that.

On assessment, the hon. Lady referred to the special educational needs Green Paper, which states clearly in paragraph 3.55:

“We know that there is a group of children with SEN who are currently excluded on multiple occasions on a fixed-term basis, and there may be other excluded pupils whose SEN have not yet been identified.”

That paragraph also states:

“we will recommend in exclusion guidance that children are assessed through an effective multi-agency assessment for any underlying causal factors. We will suggest that schools trigger this assessment in instances in which a pupil displays poor behaviour that does not improve despite effective behaviour management by the school.”

I quoted that in Committee and I quote it again today, to show that it is the Government’s intention to ensure that those assessments take place.

I think people have heard enough of me—