Asked by: Rachael Maskell (Labour (Co-op) - York Central)
Question to the Department for Education:
To ask the Secretary of State for Education, if she will request Ofsted to undertake an investigation into (a) the adequacy of (i) disciplinary and (ii) other policies at South Bank Multi Academy Trust and (b) the potential impact of those policies on school attendance rates.
Answered by Damian Hinds - Minister of State (Education)
Ofsted plays a vital role by providing independent judgement on the educational performance of each school within a trust through its school inspection programme. The department, acting through the Regional Directors, will act wherever an academy is judged ‘Inadequate’ by Ofsted. As part of school level inspections, inspectors consider how leaders and other staff create a safe, calm, orderly and positive environment in the school and the impact this has on the behaviour and attitudes of pupils. Inspectors will also expect schools to do all they reasonably can to achieve the highest possible attendance.
Of the six academies in South Bank Multi-Academy Trust (MAT), five have been rated Good or Outstanding since the autumn term of 2022. Under current leadership, South Bank MAT saw success in their sponsorship of the former Ofsted ‘Inadequate’ School, York High School, which was rated ‘Good’ in all categories. For York High School, the published report states “Expectations are clear. Pupils know the standards for behaviour and attitudes when they arrive at school in Year 7. Inspectors visited classroom where positive attitudes to learning were common. Staff and pupils enjoy the calm atmosphere in lessons. In the few instances where low-level disruption does occur, staff use the school’s approach to positive behaviour effectively”. Five months ago, Carr Junior School was also inspected and the published Ofsted report states that “Behaviour around school is calm and purposeful… the school have established a positive culture of behaviour”.
The appropriate use of suspensions and exclusions is an element of South Bank MAT’s approach to improving behaviour, and it remains a key focus for the trust to examine and review attendance patterns. The Yorkshire and the Humber Regional Team will continue to work closely with South Bank MAT, as they do with all of their academy trusts, to understand the impact.
School attendance is a top priority for the government. The evidence is clear that being in school is vitally important for children’s attainment, mental wellbeing, safety and long-term development. Attendance is everyone’s business. The department has set out stronger expectations of the system to work together to support those at risk of being persistently absent.
The Yorkshire and the Humber Regional Team are in regular contact with South Bank MAT, and the Regional Director for Yorkshire and the Humber, Alison Wilson, visited South Bank MAT on 21 September 2023. Currently the Regional Director, is satisfied with the performance of the academies within South Bank MAT, and content that there is a culture of improvement to drive up standards and engagement of pupils. The Regional Director is also satisfied that trust policies (including the trust’s behaviour policy) are up-to-date and compliant with departmental guidance. As such, Ofsted will not be commissioned to further investigate South Bank MAT.
The department understands that accountability of MATs, including attendance, behaviour and support for pupils with special educational needs is a key concern within the City of York. All schools, including academies, are under a duty to co-operate with the local authority to improve children’s wellbeing. The department expects local authorities and academies to work collaboratively together in relation to the wellbeing of children and particularly children who are disadvantaged, vulnerable or at risk.
Asked by: Tobias Ellwood (Conservative - Bournemouth East)
Question to the Department for Education:
To ask the Secretary of State for Education, what steps her Department is taking to (a) promote inclusivity in schools, (b) assist (i) schools and (ii) teachers to provide support for children with special educational needs and disabilities and (c) reduce exclusions of such children.
Answered by David Johnston - Parliamentary Under-Secretary (Department for Education)
The Special Educational Needs and Disabilities (SEND) and Alternative Provision (AP) Improvement Plan set out a vision for an inclusive system categorised by high-quality mainstream provision where children and young people have their needs identified early and can access prompt, evidence-based, targeted support. Alongside this, the department will improve access to timely, high-quality specialist provision, where this is appropriate for the child or young person.
High-quality teaching is central to ensuring that pupils with SEND are given the best possible opportunity to achieve in their education. To support all teachers, the department is implementing teacher training reforms which begins with initial teacher training and continues into early career teaching, through to middle and senior leadership. These reforms are designed to ensure teachers have the skills to support all pupils to succeed, including those with SEND.
Reaching over 70% of schools and further education colleges, the Universal Services programme will help the school and further education workforce to identify and meet the needs of children and young people with SEND, earlier and more effectively.
The department knows that if needs and behaviours that present a barrier to learning were addressed earlier, more children could be supported to thrive in their mainstream school. That is why the department’s reforms will see AP settings working closely in partnership with mainstream schools to provide high-quality targeted support and one-to-one interventions. This will build capacity in mainstream schools to identify and support needs early, reducing the numbers of preventable exclusions and expensive long-term placements, as well as lead to improvements in children’s wellbeing and outcomes.
Good behaviour in schools is essential to ensure that all pupils can benefit from the opportunities provided by education. The government supports head teachers in using suspension and permanent exclusion as a sanction where warranted as part of creating calm, safe and supportive environments where both pupils and staff can work in safety and are respected.
The government agrees with the Timpson Review of school exclusion conclusion that there is no ‘right’ number of exclusions, but the department is clear that permanent exclusion should only be used as and when absolutely necessary, as a last resort and this should not mean exclusion from education.
All decisions to exclude a pupil must be lawful, reasonable, and fair. The Behaviour in Schools guidance and the updated statutory Suspension and Permanent Exclusion guidance (2023) sets out that, when considering excluding a pupil, schools should consider any contributing factors that are identified after an incident of misbehaviour has occurred, which could include where the pupil has Special Educational Needs. Initial intervention measures should include an assessment of whether appropriate provision is in place to support any SEND that a pupil may have.
Asked by: Rachael Maskell (Labour (Co-op) - York Central)
Question to the Department for Education:
To ask the Secretary of State for Education, if she will make an estimate of how many children suspended from schools (a) have mental health issues and (b) are neurodivergent.
Answered by Damian Hinds - Minister of State (Education)
The department does not hold the data on what proportion of children suspended from school have mental health issues and/or are neurodivergent, which means this cannot be estimated. The department does, however, hold and publish data on the characteristics of pupils suspended from schools in England, including suspensions for pupils with Special Educational Needs and Disabilities (SEND) where categories of need will include those such as social, emotional and mental health needs and autistic spectrum disorder. The most recent data available is for the 2021/22 academic year and is available at: https://explore-education-statistics.service.gov.uk/find-statistics/permanent-and-fixed-period-exclusions-in-england/2021-22-summer-term.
Creating school cultures with high expectations of behaviour is a priority for the government.
The department has published updated guidance on Behaviour in Schools, Mental Health and Behaviour in Schools, and Suspension and Permanent Exclusion statutory guidance (Exclusion guidance), in response to the recommendation made by the Timpson Review of School Exclusion. These documents provide further clarity and support for head teachers on how to manage behaviour well for all pupils in the school community. The documents are available at the following links:
The updated Exclusion guidance is clear that head teachers should consider any underlying causes of misbehaviour before issuing an exclusion, including a pupil’s SEND or mental health related issues. The department’s guidance, 'Understanding your data: a guide for school governors and academy trustees’ also makes clear governing boards should carefully consider the level and characteristics of pupils who are leaving the school and deploy maximum challenge to the school on any permanent exclusions to ensure it is only used as a last resort. The guidance is available at: https://www.gov.uk/government/publications/understanding-your-data-a-guide-for-school-governors-and-academy-trustees/understanding-your-data-a-guide-for-school-governors-and-academy-trustees.
The department supports head teachers in using suspension and permanent exclusion as a sanction where warranted as part of creating calm, safe, and supportive environments where pupils and staff can work in safety and are respected.
Asked by: Jim Shannon (Democratic Unionist Party - Strangford)
Question to the Department for Education:
To ask the Secretary of State for Education, what assessment she has made of the implications for her Department's policies of the recommendations of the report by the Traveller Movement entitled Disrupting the school to prison pipeline, published in July 2022.
Answered by Nick Gibb
Education is a devolved matter, and the response outlines the information for England only.
The Department recognises the issues faced by Gypsy, Roma, and Traveller pupils and how education can make a positive difference. The Department is responding to the seven recommendations in the report.
The report recommended that the Department must ensure a race equality and diversity policy is made a statutory element of the Public Sector Equality Duty (PSED) for all schools. Already the PSED requires public bodies, including maintained schools and academies, to have due regard to the need to eliminate discrimination and other conduct prohibited by the Equality Act 2010.
Schools have specific legal duties to publish information to demonstrate how they are complying with the PSED, and to prepare and publish equality objectives. Schools are also required to publish information relating to those who share a relevant protected characteristic and who are affected by their policies and practices. The Department has published guidance for schools on how to ensure they comply with their duties under the Equality Act.
The report recommended that all schools must have the ability and resources to provide assessment of Education, Health and Care (EHC) plans, when requested by a parent or guardian, including annual reviews. It also recommended Local Authorities should consider providing base level EHC plans funding to all schools.
On 2 March 2023, the Department published the Special Educational Needs and Disabilities and Alternative Provision Improvement Plan in response to the Green Paper. The Improvement Plan outlines the approach for the successful implementation of these policy reforms, including proposals for EHC plan reform. The Department will develop reformed templates and guidance to deliver a nationally consistent EHC plan process which makes greater use of digital technology, with the aim to increase consistency and the speed with which support is put in place.
The report also recommended that the Department should require all school and academy trusts to establish an On-Site Inclusion Unit (OSIU). In July 2022, the Department published updated guidance on behaviour in schools and suspension and permanent exclusion statutory guidance. The behaviour guidance makes clear some schools can choose to have pupil support units (sometimes called ‘in school units’) which should be used to provide planned pastoral support for vulnerable pupils and as a last resort measure to support pupils at risk of exclusion.
Additionally, the report recommended that expert head teacher panels should be established to provide final assessments for proposed permanent exclusions and the department should develop standardised guidance for use of in school exclusionary practices and reporting guidelines for monitoring their use.
The updated exclusion guidance is clear that, in all cases, schools should consider initial intervention to address underlying causes of disruptive behaviour which may minimise the need for permanent exclusion. Whilst a permanent exclusion may still be an appropriate sanction, schools should take account of any contributing factors.
The statutory process to review school exclusions is clear that governing boards have a role to review the decision of the head teacher to permanently exclude and if the governing board decides to uphold the permanent exclusion, the parents have the right to an Independent Review Panel.
Asked by: Baroness Thornton (Labour - Life peer)
Question to the Department for Education:
To ask His Majesty's Government what steps they are taking to understand the drivers behind young women and girls’ official and unofficial school exclusions, in order to tackle the over-representation of ethnic minorities among those excluded.
Answered by Baroness Barran - Parliamentary Under-Secretary (Department for Education)
Continuing to improve behaviour in schools is a priority for the government. Head teachers use suspensions and permanent exclusions when required as part of creating calm, safe and supportive classrooms. Schools should only use permanent exclusion as a last resort, and the Department supports teachers in taking proportionate and measured steps to ensure good behaviour in schools.
Informal or unofficial exclusions are unlawful, and the department has previously written to schools to remind them of the rules on suspension and permanent exclusion.
Analysis from the Timpson Review of School Exclusion (2019) illustrated a complex picture but, on the whole, there is no substantial difference in permanent exclusion rates when comparing all ethnic minority children as a whole with white British children. More information on the Timpson Review of School Exclusion can be found attached.
The updated 'School suspension and permanent exclusion’ guidance sets out that schools, local authorities, and local partners should work together to understand what lies behind local trends.
The department’s ‘Understanding your data: a guide for school governors and academy trustees’ guidance also makes clear governing boards should carefully consider the level and characteristics of pupils who are leaving the school, and challenge the school and academy trust management teams on any permanent exclusions to ensure it is only used as a last resort.
Schools also have a clear duty not to discriminate against pupils under the Equality Act 2010. Ofsted’s assessment of behaviour in schools includes specific consideration of rates, patterns and reasons for exclusions, as well as any differences between groups of pupils.
Asked by: Catherine West (Labour - Hornsey and Wood Green)
Question to the Department for Education:
To ask the Secretary of State for Education, with reference to the report by the Traveller Movement entitled Exploring why Gypsy, Roma and Traveller children experience the school to prison pipeline and how it can be interrupted, published in August 2022, whether she will implement that report's recommendations.
Answered by Claire Coutinho - Secretary of State for Energy Security and Net Zero
The department recognises the issues faced by Gypsy, Roma and Traveller children and young people and how education can make a positive difference. The report contained seven recommendations for the department and the following sets out how we are responding to those recommendations.
The report recommended that the clear disaggregation of Gypsy, Roma, and Traveller identities as adopted by the Office for National Statistics for the 2021 Census, should be implemented across the education sector. As the report references Gypsy, Roma and Traveller data was collected in Census 2021 and phase one of the data has now been released: https://www.ons.gov.uk/peoplepopulationandcommunity/culturalidentity/ethnicity/bulletins/ethnicgroupenglandandwales/census2021. We are currently reviewing the harmonised standard for ethnicity, with any potential question changes being released in 2024.
The report recommended that the department must ensure a race equality and diversity policy is made a statutory element of the Public Sector Equality Duty (PSED) for all schools. Already the PSED requires public bodies, including maintained schools and academies, to have due regard to the need to eliminate discrimination and other conduct prohibited by the Equality Act 2010.
Schools have specific legal duties to publish information to demonstrate how they are complying with the PSED, and to prepare and publish equality objectives. Schools are also required to publish information relating to those who share a relevant protected characteristic and who are affected by their policies and practices. It is for schools to develop their own strategies for meeting their duties, however, the department has published guidance for schools on how to ensure they comply with their duties under the Equality Act 2010.
In regard to education, health and care (EHC) plans, the report recommended that all schools must have the ability and resources to provide assessment of them when requested by a parent or guardian, including annual reviews. Also, local authorities should consider providing base-level EHC plans funding to all schools. The Special Educational Needs and Disabilities (SEND) and Alternative Provision (AP) Green Paper, published in March 2022, sets out our vision to create a more inclusive education system with excellent local mainstream provision which will improve the experience and outcomes for children and young people who need more intensive support. Amongst those consulted was the department’s GRT Stakeholder Group and we are committed to publishing a full response to the consultation through an improvement plan early in 2023.
The report also recommended that the department should require all school and academy trusts to establish an On-Site Inclusion Unit. In July 2022 we published updated guidance on Behaviour in Schools and Suspension and Permanent Exclusion statutory guidance. The Behaviour guidance makes clear some schools can choose to have pupil support units (sometimes called ‘in-school units’) which should be used for two main reasons: to provide planned pastoral support for vulnerable pupils and as a last resort measure to support pupils at risk of exclusion.
Additionally, the report recommended that expert headteacher panels should be established to provide final assessments for proposed permanent exclusions and the department should develop standardised reporting guidelines for monitoring the use of In-School exclusionary practices, and also develop guidance for best practice and use of in-school exclusionary practices.
The updated exclusion guidance is clear that, in all cases, schools should consider initial intervention to address underlying causes of disruptive behaviour which may minimise the need for permanent exclusion. Whilst a permanent exclusion may still be an appropriate sanction, schools should take account of any contributing factors.
The statutory process to review school exclusions is clear that governing boards have a role to review the decision of the headteacher to permanently exclude and if the governing board decides to uphold the permanent exclusion, the parents will have the right to an Independent Review Panel.
Asked by: Baroness Whitaker (Labour - Life peer)
Question to the Department for Education:
To ask His Majesty's Government what assessment they have made of the report by the Traveller Movement Disrupting the School to Prison Pipeline, published in July; and what steps they intend to take in response to the recommendations made in that report.
Answered by Baroness Barran - Parliamentary Under-Secretary (Department for Education)
The department recognises the issues faced by Gypsy, Roma and Traveller children and young people and how education can make a positive difference. The report contained seven recommendations for the department and the following sets out how we are responding to those recommendations.
The report recommended that the clear disaggregation of Gypsy, Roma, and Traveller identities as adopted by the Office for National Statistics for the 2021 Census, should be implemented across the education sector. As the report references Gypsy, Roma and Traveller data was collected in Census 2021 and phase one of the data has now been released: https://www.ons.gov.uk/peoplepopulationandcommunity/culturalidentity/ethnicity/bulletins/ethnicgroupenglandandwales/census2021. We are currently reviewing the harmonised standard for ethnicity, with any potential question changes being released in early 2024.
The report recommended that the department must ensure a race equality & diversity policy is made a statutory element of the Public Sector Equality Duty (PSED) for all schools. Already the PSED requires public bodies, including maintained schools and academies, to have due regard to the need to eliminate discrimination and other conduct prohibited by the Equality Act 2010.
Schools have specific legal duties to publish information to demonstrate how they are complying with the PSED, and to prepare and publish equality objectives. Schools are also required to publish information relating to those who share a relevant protected characteristic and who are affected by their policies and practices. It is for schools to develop their own strategies for meeting their duties, however, the Department has published guidance for schools on how to ensure they comply with their duties under the Equality Act.
In regard to Education, Health and Care (EHC) Plans, the report recommended that all schools must have the ability and resources to provide assessment of them when requested by a parent or guardian, including annual reviews. Also, local authorities should consider providing base-level EHC Plans funding to all schools. The Special Educational Needs and Disabilities Green Paper, published in March 2022 sets out our vision to create a more inclusive education system with excellent local mainstream provision which will improve the experience and outcomes for children and young people who need more intensive support. Amongst those consulted was the department’s GRT Stakeholder Group and we are committed to publishing a full response to the consultation through an improvement plan early in 2023.
The report also recommended that the department should require all school and academy trusts to establish an On-Site Inclusion Unit (OSIU). In July 2022 we published updated guidance on Behaviour in Schools and Suspension and Permanent Exclusion statutory guidance. The Behaviour guidance makes clear some schools can choose to have pupil support units (sometimes called ‘in-school units’) which should be used for two main reasons: to provide planned pastoral support for vulnerable pupils and as a last resort measure to support pupils at risk of exclusion.
Additionally, the report recommended that expert headteacher panels should be established to provide final assessments for proposed permanent exclusions and the department should develop standardised reporting guidelines for monitoring the use of In-School exclusionary practices, and also develop guidance for best practice and use of in-school exclusionary practices.
The updated Exclusion guidance is clear that, in all cases, schools should consider initial intervention to address underlying causes of disruptive behaviour which may minimise the need for permanent exclusion. Whilst a permanent exclusion may still be an appropriate sanction, schools should take account of any contributing factors.
The statutory process to review school exclusions is clear that governing boards have a role to review the decision of the headteacher to permanently exclude and if the governing board decides to uphold the permanent exclusion, the parents will have the right to an Independent Review Panel.
Asked by: Jim Shannon (Democratic Unionist Party - Strangford)
Question to the Department for Education:
To ask the Secretary of State for Education, what assessment his Department has made of the factors that contribute to school exclusion rates of Gypsy, Roma and Traveller pupils.
Answered by Brendan Clarke-Smith
Education is a devolved matter, and the response outlines the information for England only.
The department has conducted several analyses into disparities in exclusion rates. The Timpson Review of School Exclusions (2019) illustrated that there is no substantial difference in permanent exclusion rates when comparing all ethnic minority children as a whole with white British children.
The Timpson Review also found that Gypsy and Roma pupils and Irish Traveller boys are more likely to be suspended than their white British peers, even when other factors are controlled for, such as poverty, special educational needs and absence. The Timpson Review noted that the impact of in and out-of-school factors will differ for each child and local context means there will be different patterns across the country.
The department’s updated Suspension and Permanent Exclusion guidance, published 13 July 2022, sets out that schools, local authorities, and local partners should work together to understand what lies behind local trends. Local leaders should use this understanding to plan and put in place additional and targeted actions based on their own context. If they identify any gaps, they should act to ensure those who work with children have the training, services and support they need to address them.
Asked by: Daisy Cooper (Liberal Democrat - St Albans)
Question to the Department for Education:
To ask the Secretary of State for Education, what support is available for parents to challenge the decision of school governing boards on student exclusions, in the event that parents consider racial discrimination to be a factor.
Answered by Brendan Clarke-Smith
Published in 2019, the Timpson Review of School Exclusions illustrated a complex picture and identified that there is no substantial difference in permanent exclusion rates, when comparing all ethnic minority children as a whole with white British children. However, the department recognises that certain groups of children are more likely to be permanently excluded, although local context means there will be different patterns across the country.
The updated suspension and permanent exclusion guidance, published 13 July 2022, sets out that it is vital that schools, local authorities, and local partners work together to understand what lies behind local trends. Local leaders should use this understanding to plan and put in place additional and targeted action. If they identify any gaps, they should act to ensure those who work with children have the training, services, and support they need to address them.
Under the Equality Act 2010, schools also have a legal duty not to discriminate against pupils. Ofsted’s assessment of behaviour in schools includes specific consideration of rates, patterns, and reasons for exclusions, as well as any differences between groups of pupils.
If a parent believes that any form of discrimination has been a factor in their child’s exclusion, they can make a claim to the first-tier tribunal in relation to disability, or a county court for other forms of discrimination.
Asked by: Daisy Cooper (Liberal Democrat - St Albans)
Question to the Department for Education:
To ask the Secretary of State for Education, what steps he is taking to tackle the disproportionate rates of school exclusions of black children.
Answered by Brendan Clarke-Smith
Published in 2019, the Timpson Review of School Exclusions illustrated a complex picture and identified that there is no substantial difference in permanent exclusion rates, when comparing all ethnic minority children as a whole with white British children. However, the department recognises that certain groups of children are more likely to be permanently excluded, although local context means there will be different patterns across the country.
The updated suspension and permanent exclusion guidance, published 13 July 2022, sets out that it is vital that schools, local authorities, and local partners work together to understand what lies behind local trends. Local leaders should use this understanding to plan and put in place additional and targeted action. If they identify any gaps, they should act to ensure those who work with children have the training, services, and support they need to address them.
Under the Equality Act 2010, schools also have a legal duty not to discriminate against pupils. Ofsted’s assessment of behaviour in schools includes specific consideration of rates, patterns, and reasons for exclusions, as well as any differences between groups of pupils.
If a parent believes that any form of discrimination has been a factor in their child’s exclusion, they can make a claim to the first-tier tribunal in relation to disability, or a county court for other forms of discrimination.