My Lords, I thank those noble Lords who showed an interest in this Bill during the humble Address debate on the Queen’s Speech last week. I welcome the shared interest in delivering high-quality education, and in keeping our children safe, that was witnessed across all sides of the House.
Over the past 12 years, we have seen great improvements to the school system. The proportion of schools rated good or outstanding has increased by 19 percentage points, from 68% in 2010 to 87% in 2019. While my predecessors delivered significant progress, the Government recognise that yet more must be done to level up the school system. We must, therefore, bring forward vital reforms which will support children, schools, teachers and parents. This Government have a vision to create a fairer and stronger school system that works for every child. All children should have a safe and effective education and, as both Houses have consistently argued, we must ensure that no child is left falling through the cracks.
In March, my right honourable friend the Secretary of State for Education published the schools White Paper, setting out the Government’s long-term vision for a school system that helps every child to fulfil their potential by ensuring that they receive the right support, in the right place, and at the right time, founded on achieving world-class literacy and numeracy. This included our ambition that, by 2030, 90% of primary school children will achieve the expected standard in reading, writing and maths, and the percentage of children meeting the expected standard in the worst performing areas of the country will have increased by a third.
The Bill sits within a wider programme of steps that we are taking to deliver this ambition, including a parent pledge for any child who falls behind in English or maths, investment in teacher training, teacher starting salaries set to rise to £30,000, a new arm’s-length curriculum body, and the creation of education investment areas to increase funding and support to areas most need in need, plus extra funding in priority areas facing the most entrenched challenges.
This Bill seeks to level up standards by supporting every school to be part of a family of schools in a strong trust. To achieve this, we must play our role in ensuring system quality by rethinking the way in which we uphold trust standards, so that our legislative framework is fit for purpose for a fully trust-led system. We are seeking the power to deliver, for the first time, a coherent single set of regulations on academy standards. This will set transparent, publicly available standards that academies must meet, replacing a diverse set of contractual and funding arrangements with each individual trust. Alongside this, we are seeking new intervention powers, to ensure that action can be taken to tackle serious failure if it occurs. These measures will lay the foundations for a successful, fully trust-led system.
My Lords, it is a pleasure to follow the Minister, and I very much welcome the tone of her words. Obviously, we have concerns about the Bill and the missed opportunity that it represents, but I look forward to working with her and getting to know her as we try to improve this legislation.
Before I begin, I wish to acknowledge the work of my noble friend Lord Watson, who held this post before me. I hope he does not mind me saying how fortunate I feel to have someone like him sitting behind me to guide me and allow me to benefit from his experience and knowledge as the Bill proceeds.
Although there are welcome measures in the Bill, it is a profound disappointment to us because it is a missed opportunity. We feel that it shows that the Government have barely begun the thinking that is needed to address the immediate challenges faced by our schools. Right now, 200,000 children are in areas without a good or outstanding primary school, secondary school class sizes are growing, children are leaving education without the skills they need, mental health needs are unmet, particularly since the pandemic, and the Government are not saying anything of any substance about social mobility or careers advice. Teachers, Ofsted and the Government’s own early years review expressed concerns over the rise in reception children who are not school-ready—and we know how difficult it is for those children to catch up later in their school lives.
Unfortunately, there is much more to say about what is missing from the Bill than about what is there. The Bill lacks an ambitious, substantial plan to support children’s recovery from the pandemic. The OECD tells us that older children, and even 16 to 24 year-olds in England, have worse literacy and numeracy than those in comparable counties. Where are the proposals to improve teaching standards or to tackle the exodus of burnt-out school staff? Where are the measures to equip our students with the skills they need for the industries of the future in an ever-more globalised and technologically advanced economy? After 12 years, the Tories are still not sure about what academies are for, and the Bill proves it. If the point is freedom, why is the Education Secretary seeking direct rule over their standards? I think we know why. It is for the same reason that the Government have taken to using legislation to give Ministers powers to act, rather than being clear about what they intend to do with those powers. It is because the Government are running out of ideas and energy, and on this topic we simply cannot afford for that to happen.
My Lords, I remind the House that I am a vice-president of the Local Government Association. I thank those organisations and individuals that have been kind enough to send out briefings, particularly the NEU, Professor Anne West at the LSE and Dr David Wolfe. It is good to see the noble Lord, Lord Watson, here; his contribution on education in your Lordships’ House has been enormous, and I thank him for that.
Last Tuesday we debated the glorious speech—sorry, the gracious Speech, though it was probably glorious as well. Many Peers spoke on education, and this Second Reading gives us an opportunity to reconsider some of the excellent and important points raised then. I said that I wanted every pupil, no matter the type of school, to have the same educational opportunities and resources. I also said it was important that the parent voice was heard loud and clear in schools and that transparency, accountability and openness must prevail.
To my mind, transparency should be the hallmark of the Bill. Part 1 sets out a new framework for the regulation of multi-academy trusts. In launching the schools White Paper, the Government said they wanted all children to
“benefit from being taught in a school in, or in the process of joining, a strong multi-academy trust”.
Stand-alone schools in multi-academy trusts have no individual control over governance, admissions, finance and destiny, so let us remind ourselves that academies in MATs have no legal identity of their own.
These individual academies have precious little of the individual independence and decision-making that they were promised when the programme was first espoused. It is the MAT that has the legal status and it is the MAT that has the contract with the Secretary of State, which means the school has no automatic right to make decisions or policies relating to the running of the school; stand-alone academies and maintained schools do. The school becomes a satellite of the all-powerful centre, with head teachers and governing bodies virtually powerless. With some MATs having schools all over the country—say, from the north-east to the south-west—there is a real concern about how, for example, local circumstances and ethos are reflected.
My Lords, I begin by paying tribute to teachers. I believe teaching is one of the most challenging jobs anyone could do and today in particular they face multiple challenges, not least the mental fragility of so many pupils, as outlined so powerfully in today’s news. The Bill raises a range of concerns, and I will be listening carefully to those who address them as well, of course, as to the Government. In the limited time available I will confine myself to one issue, which is to sketch out the background to an amendment that I will be introducing in Committee on fundamental British values.
I believe that it is more important now than ever before that pupils understand the fundamental political values upon which our life together is based. They are under threat all over the world, not just from totalitarian states like China and Russia but in countries that still claim to be liberal democracies but where, in reality, there is a significant loss of those fundamental freedoms and rights that are integral to a true democracy.
The teaching of fundamental British values has its origin in the 2011 Prevent strategy. This was taken up in 2014, when schools were directed to promote the fundamental British values of
“democracy, the rule of law, individual liberty, and mutual respect and tolerance of those with different faiths and beliefs.”
When these values were first announced, they met with two kinds of opposition. First, there was a worry that, because they came in as part of the Prevent strategy, their formulation had in fact been skewed in one direction—tolerance of all faiths—to the neglect of other fundamental values. The second criticism was that they claim to be British values when, it was argued, such values belong to other societies as well.
Concern about this wording and recommendations for a slightly different formulation were put forward in 2015 in Living with Difference, the report of the Commission on Religion and Belief in British Public Life—of which I was a member—set up by the Woolf Institute in Cambridge and chaired by the noble and learned Baroness, Lady Butler-Sloss. It has also been taken up by two House of Lords special committees of which I have been a member, in particular in the 2018 report TheTies that Bind: Citizenship and Civic Engagement in the 21st Century, from a committee chaired by the noble Lord, Lord Hodgson of Astley Abbotts. So this amendment has not come out of the blue but has been marinating for 12 years.
My Lords, I declare my specific interest as chair of the National Society. Noble Lords will know that the Church of England started mass education for the poor in England in 1811 through the work of the National Society. We built thousands of schools which have been at the heart of our commitment to the common good ever since. The state joined in this educational endeavour 50 years later. A strong mutual relationship developed, culminating in the dual system settlement in the 1944 Education Act.
Since a Labour Government introduced academies in the early 2000s, that system has been evolving but bringing complexity and fragmentation. Free schools added to this. Academies started as an innovation to bring fresh approaches to improve outcomes, especially for children in the most disadvantaged areas. There has been much success, although not in every case. Academies are now the predominant school type. As the system moves towards all schools being academies in a strong trust, it is right that we give detailed attention to ensure that academies are placed within a firm legislative context rather than rely on the largely contractual nature of the present arrangements.
One-third of our 4,700 schools are academies, but, with two-thirds still to convert, our schools need to know that the future of the partnership between Church and state, and the principles maintained since the 1944 Act, remain secure with sufficient safeguards. We welcome the comprehensive clauses relating to schools with a religious character. They set out how that settlement between Church and state continues when much of the existing maintained legislation can no longer be used as the basis for their operation.
We are very grateful for the way in which DfE Ministers and officials have engaged with us so that the areas of policy with specific relevance to the future of schools on sites that have been provided by the Churches are addressed. These include the governance, both individual and within MATs, the arrangements for worship and religious education and the question of land ownership. The Minister will understand that in Committee we will continue to test that the detail in the Bill fulfils that need, including ensuring that guarantees are in the Bill and not simply left to regulations. This may mean bringing amendments where we consider change is required.
My Lords, the Schools Bill clearly supports the Prime Minister’s ambition to improve schooling for all children and to even out spending across education. In looking at evening up spending, an important area is left very uneven—the provision of mental health services for children. It is extremely varied across the country, as we know, and is currently at the stage where schools have an expectation that there is a mental health lead in the school, but no particular separate counsellor at this stage, and no provision or funding for a counsellor for children.
Every generation of schoolchildren has its own challenges, but by far the biggest challenge for this generation of schoolchildren is mental health. Opinions vary as to why that is the case, but the situation is running very strong in schools at the moment. The Bill as currently configured, as the noble Baroness, Lady Chapman, and others have noticed, makes no provision for mental health. At the very heart of an even approach across education that will secure fairness and equality for children, there needs to be much stronger provision and a much more direct approach—and, frankly, urgent access to counsellors in schools. As we know, the current position is that, in extreme situations, children are passed across to CAMHS in the NHS. But it is completely impossible that CAMHS will have sufficient capacity—and it never will have sufficient capacity. The problem lies in schools, and the schools need more support.
Beyond getting children back into school—obviously the Bill reflects where we are post pandemic—and making sure that they are all in some form of education, and I welcome the provisions to make sure that that is the case, the Bill provides some degree of support for well-being and mental health. But beyond that there is another set of problems in secondary schools at the moment, and it is another area that we should look at urgently, certainly while the Schools Bill is making its progress. It is the area of eating disorders and gender. In that area, schools are facing a bewildering set of issues that arise and are passed to teachers, who often have very limited training and limited ability to handle the situation.
My Lords, I have a declared interest as the honorary president of the Association for Citizenship Teaching. I agree entirely with the comments of the noble and right reverend Lord, Lord Harries. I just wish that citizenship teaching was taken more seriously, from the top and right through the system, from headteachers to Ofsted in particular. I know that the Minister will listen today, because she listened earlier this year. I hope that she can take back to her colleagues in the department the comments from this afternoon and those in Committee. I also hope that, when she comes to respond to the debate today, she will say something about the juxtaposition between the special educational needs Green Paper and consultation and this Bill, and whether proposals will be brought forward when the Bill reaches the House of Commons.
I commend what has just been said in relation to mental health, the way we need to take it much more seriously and how that then needs to be co-ordinated so that local authorities and local health services have a very key role to play. Of course, this is highlighted by today’s report on safeguarding and children in care, which shows that we have a scandal on our hands. This might not have been so bad—although it would not have resolved it—had Sure Start not been destroyed in what I consider to be a criminal fashion.
I turn now to the Bill. Not everything in an education Bill is actually about education. I very much appreciate that a lot is going on elsewhere. However, we have a crisis in recruitment, including a shortage of 30,000 teachers. We have a shortage of male teachers and role models. One in seven who starts teaching drops out in the first year. We have had a 25% cash cut on the amount spent on repair, maintenance and renewal compared to 2010, and we will get back to 2010 levels for revenue funding only in two years’ time. The situation is scandalous. While the Bill has a number a very good elements in it which have already been mentioned—including the role of Ofsted in the registration of children who are allegedly taught at home—there is so much left out. It is a mouse of a Bill. As my noble friend Lady Chapman on the Front Bench has described it, the Bill is a lost opportunity.
My Lords, it is always a pleasure to follow the noble Lord, Lord Blunkett. I remind the House that I am a vice-president of the Local Government Association. The noble Lord, Lord Blunkett, made a number of very important points, comments and suggestions to the Minister on special educational needs and mental health, and he reminded us of some of the big problems that face the school system—not least recruitment and the cut in the repairs budget over the last decade. I have asked a few people over the last few days who are heavily involved in the school system if they could do one thing to improve life in their schools, what it would be. They said, “Repair our school buildings—have the money to do it”, so that issue could be addressed outside the context of this Bill.
I agree absolutely with the noble Lord, Lord Blunkett, too, about the concept of a family of schools and the role of governing bodies as local entities; both those points were very important. But as my noble friend Lord Storey said, there are a whole range of issues around multi-academy trusts that we need to address as a part of the passage of the Bill—the powers of the academy trust over the local authority, the school itself, its governing body, the head teacher, and, of course, the Secretary of State.
The purpose of this Bill is to
“Level up opportunity by delivering a stronger and more highly performing school system that works for every child, regardless of where they live.”
That is most welcome, but it says nothing about overall resources, and nothing about the curriculum. I am doubtful if it can be done without both those issues being addressed.
I am content to support a national funding formula to eliminate some of the inexplicable differences that occur within the current structure, but some schools are small, some schools are rural, some are in very deprived areas, and we must look very carefully at the methodology of a new funding formula. To say that each mainstream school will be allocated funding on the same basis wherever it is and that every child will be given the same opportunities based on consistent assessments of their needs will prove very hard to deliver unless local authorities have a role in identifying schools in need of extra support. I hope the Minister might be able to respond to that point when she replies to the debate.
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We must also ensure that all schools can feel comfortable joining a trust without losing their individual characteristics. That is why we are putting clear protections for faith schools and grammar schools into primary legislation to provide confidence that their unique characteristics can be retained within an academy trust. We recognise that local authorities can play an important role in this journey, so we are giving them the ability to request conversion of their schools. Outside the Bill, we also plan to enable local authorities to establish their own trusts.
To build a genuine level playing field for children, we need to ensure an equitable distribution of resources. There remains too much variation in funding between comparable schools in this country. That is not right, and our long-planned reforms for funding will be delivered through the Bill, enabling us to resolve it.
The Government have already made great progress in reforming the school funding system. In 2018 we introduced the national funding formula, a system which meant that local authority areas received consistent funding based on a single formula for the first time. However, the current system still means that the local authority’s own formulae determine how much each school is ultimately allocated.
The Bill takes us to the next step, moving to a direct national funding formula, meaning that each mainstream school is allocated funding on the same basis, wherever it is in the country, and each child can be given the same opportunities, based on a consistent assessment of their needs.
The Bill also introduces new measures on attendance. Clearly, to benefit from a high-quality school education, consistent attendance is vital. We made good progress in the years between 2009-10 and 2018-19, with levels of pupil absence falling from 6% to 4.7%, meaning that students were spending an extra 15 million days in school. That being said, the Government understand that more needs to be done. Pre-pandemic levels of persistent absenteeism were at one in nine pupils, and these figures have risen further during the pandemic. We recognise that these absences greatly enlarge the gap between vulnerable and disadvantaged pupils and their peers. We know that schools are working hard to ensure that pupils are attending lessons, but reforms are needed to provide them with the right support to do this effectively.
The Bill will require schools to publish an attendance policy, as well as putting attendance guidance for schools, trusts, governing bodies and local authorities on a statutory footing, making roles and responsibilities clearer. This will build on their existing work on attendance and deliver greater consistency of support for families across England, and focus better, more targeted multi-agency support on the pupils who need it most.
The Bill also seeks to deliver this Government’s commitment to introduce registers of children not in schools—something that this House has persistently debated and rightly requested. The Government acknowledge the great value that a good home education can bring and support the principle of choice for parents, but we know that some children miss out on high-quality, full-time education because they are missing from the system.
In 2020-21, there was an estimated 34% increase in children whose parents chose to educate them outside the school system at some point during that period. The children not in school registers will provide accurate data and enable local authorities to identify children in their areas who are not receiving efficient, full-time education. We also recognise the need to support families who are home educating, and therefore we will require local authorities to offer support to interested parents of registered home-educated students.
The Bill will protect more children by expanding registration requirements for more educational settings that provide all, or the majority of, a child’s education. We will work closely with Ofsted, enhancing its powers to investigate registered independent educational institutions that are breaching relevant restrictions and unregistered independent educational institutions that are being conducted unlawfully. These additional enforcement powers will provide the ability to suspend registration pending further investigation.
This Bill will also broaden the scope of the current teacher misconduct regime so that it includes more educational settings. This will ensure that children who receive their education at further education colleges, special post-16 institutions, independent training providers, online education providers and some independent educational institutions will be protected and safeguarded by the teacher misconduct regime. It will clarify that teachers who have committed misconduct at any time when not employed to undertake teaching work can be investigated by the Secretary of State, and that misconduct uncovered by departmental officials can be referred without the need for it to be referred by a party external to the department.
I feel hugely optimistic about what we will collectively deliver once this Bill has had the benefit of the minds and experience in this Chamber. The Bill provides the opportunity to continue progress in reforming the school system so that it works for all children, supports teachers and provides parents with the confidence that their child is receiving the best and safest possible education. Reforming the school system is not a quick fix and work will carry on long after we consider the legislation before us today, but this Bill takes essential strides towards creating a stronger, fairer and safer school system that will improve the education of children across this country. I beg to move.
With an 80-seat majority and able effectively to make any changes they like, the Government could be doing so much more, but they are seeking to confer unprecedented powers on the Education Secretary without, it seems, any clue about the direction they want to go in or how they want to act to help children and families. In taking these powers on a whole range of issues, from the curriculum to the length of the school day, Ministers have not explained—they really ought to—what they intend to do with these powers. They might find that there is agreement across the House. We agree that the national curriculum should apply to academies. Is that what the Government think? If so, let us discuss it—and why then would the Secretary of State want the power when there could be agreement across the House?
For all the White Paper’s claims to be following the evidence, the Office for Statistics Regulation had to write to the Department for Education to highlight issues around the transparency, replicability and, most importantly, quality of the statistics presented in the evidence note underpinning the White Paper. We are concerned about this: pushing ahead with full academisation without being clear why the Government are doing it and without having evidence to support the plan—the ideology about structures—when what is needed is a focus on educational attainment, standards and children’s experience in the classroom.
We on these Benches have proposed a national excellence programme, which would drive up standards and make sure that every child leaves school job-ready and life-ready. We would end charitable status for private schools and use the money saved to fill workforce vacancies. Our children’s recovery plan would deliver small-group tutoring for all who need it, as well as breakfast clubs and after-school activities for every child, quality mental health support for children in every school, and continued professional development for teachers to improve teaching and learning, and it would target extra investment, from early years to further education, to support children at risk of falling behind.
This Bill gives the Secretary of State his own to-do list. There are broad powers to set standards for academies, including in critical areas such as the curriculum and school-day length. Can the Minister tell us whether this marks the end of what the Government have described as the “trust-led approach”? It certainly looks like it. This could be described as a power grab. Is that needed because academies are not to be trusted to manage their own affairs, perhaps? Or do the Government intend to deal with the eye-watering salaries of some academy heads? If that is what they want to do, they should say so, and introduce proper measures to address the problem rather than simply taking the power to consider fixing it at some unspecified date in the future.
These powers include the curriculum, so does the department intend to use this power, for example, to educate our children about credit scores, applying for a mortgage, understanding employment and rental contracts, and digital skills? We should all hope so, because these are sorely needed—but we just do not know from what is on the face of the Bill.
We will be tabling amendments to ask the Secretary of State, at the very least, to consult on these powers and, in the interest of transparency, report on how they are to be used. We are keen to maximise parliamentary oversight of the standards and their implementation, and for opportunities for parents and carers to influence the education of their children. It should be noted that there has not been an opportunity for pre-legislative scrutiny, as the Government have chosen to start this Bill in your Lordships’ House. In the other place, a committee of MPs would be able to take evidence from stakeholders to help inform their deliberations. Would the Minister be open to suggesting that this stage could be included when the Bill reaches the other place? That kind of scrutiny can be beneficial.
Local authorities will be able to apply for any and all of their schools to become academies. They will have to consult governors but will not need the agreement of governors—so we will be pressing the Government on this in Committee. We think that local school governors should not be steamrollered if they have concerns about becoming an academy, because this would be damaging to parental confidence.
Local authorities will be required to give parents of children not registered in a school educational support if they ask for it, so what are the Government going to do to make sure that councils are resourced sufficiently to do that? Will guidance as to the kind of support that the Government have in mind be available in Committee?
On admissions, what do Ministers anticipate the role of local authorities to be in future? Ensuring honest brokerage is vital to fairness and for parents’ confidence.
There are aspects of the Bill that we welcome. We very much welcome Ofsted being given the powers it needs to inspect unregistered schools. This is a situation that has persisted for too long and we will support the Government’s efforts to resolve it. Similarly, we are pleased to see teacher misconduct regulations extended to cover supply and part-time teachers, and to more settings. Children deserve to be safe in their classrooms, and teachers who break that trust should be held to account.
Schools will have to devise attendance policies in future and we do not disagree with that. They will need to set out new responsibilities for staff, but we all know that they are already at breaking point in terms of workload so will there be guidance, training and support, and will the Government make that available, to make sure that what happens is effective and has the impact that we all want to see in schools?
There are some welcome measures, but why is there nothing on several pressing issues that our children are facing, including crumbling school buildings, unqualified teachers, the lack of school food standards and the lack of transparent financial arrangements? We will attempt to help the Government by tabling amendments on all these issues to strengthen the Bill where we can.
We should not forget that schools are struggling with the exact same cost of living crisis as the families they serve. Do Ministers have a plan to help them to keep up with the rocketing price of food, to help them to improve inadequate broadband or for children suffering terrible mental health due to their financially precarious home lives? So far, the Bill is just silent on these issues.
The Queen’s Speech said that education was at the heart of the Government’s agenda. I am afraid that is not the message that the Bill sends. Teachers, children and parents need action and leadership from the Government. They could be doing so much more. We do not expect Ministers to engage and agree with us on everything that we suggest, but we look forward to working with noble Lords from across the House to turn what is unfortunately an unambitious and lacklustre piece of legislation into an Act that does justice to our children and their families.
Decisions in academies are often made without transparency by trustees whose appointment is opaque. Often, they have little or no experience in educational matters. Is this really the best way to run educational schools? School academies in MATs have no individual power over governance arrangements and are often locked into a contract that is no longer appropriate for the values and educational direction of staff, pupils and parents.
Finally, MATs, while having accounts signed off by an external auditor—who, by the way, they appoint themselves—do not have to provide detail of how public money is spent. Data published by the MAT can mask financial decisions regarding individual schools in the MAT. The lack of financial transparency leads to concerns about how public money is used. We see, for example, excessive salaries paid to trusts’ chief executives. It can also use public money to pay out compensation claims and non-disclosure agreements, all hidden from the public, whose money it is. We have seen how procurement contracts can be a murky area, with contracts going to family and friends without proper transparent arrangements. Maybe we should consider Ofsted, when it inspects academies, applying the same rules as it does to maintained schools and looking at the financial arrangements as well. We will be tabling a number of amendments to ensure that transparency is the order of the day.
I turn to the other important issue in the Bill: school funding and the national funding formula. We very much welcome these proposals but want to raise the issue of the funding of small village schools, which are the centre of many rural communities and of which the right reverend Prelate the Bishop of Durham spoke during the Queen’s Speech. It is sad to reflect that between 2000 and 2019, 183 rural schools closed. We need, through the funding formula, to do all we can to support these rural schools and the communities they serve.
Similarly, this is an opportunity to look at transport for school students, an issue that has never been properly addressed. In Northumberland, for example, pupils have to travel long distances to get to an FE provider or sixth-form college. We think free transport should be extended to the age of 18. Community should be at the heart of educational change.
I hoped that the Bill would set out a clear role for local government and that a partnership could develop between local government and multi-academy trusts. There are a number of areas for which LAs are ideally placed, having local knowledge and expertise, including admissions, expulsion appeals, school place planning and working with Ofsted to tackle unregistered schools—an area where a partnership approach would be so beneficial. The 2016 White Paper proposed three roles for local authorities in an all-academy system:
“Ensuring every child has a school place … Ensuring the needs of vulnerable pupils are met … Acting as champions for all parents and families.”
It did not, however, propose any new powers to help them fulfil these roles. It is also vital that an element of local discretion is used in the national funding formula, allowing councils to take local priorities and the needs of their area into account.
I congratulate the Government on listening and being prepared to tackle the issue of unregistered schools. No child should be placed in a school where unacceptable practices bordering on indoctrination take place. We must liberate children from such dangers. Similarly, home schooling needs to be regularised. Home-school educators do a fantastic job, and we should pay tribute to their commitment, or the commitment they take on—by the way, with no financial support—but is it right and proper that home educators are not registered? Perhaps they need a light touch in terms of support as well. I have no doubt that your Lordships have faced a deluge of emails from the home-school educating lobby complaining of any changes, but it is not acceptable for hundreds of thousands of children that we have no idea where they are. Their safety and well-being are paramount, and I congratulate the Government on this simple measure.
Finally, I want to raise an issue which is very important to me: the issue of pupils who are permanently excluded from school. These are the most vulnerable children who need the most care and attention. They invariably have special needs, whether behavioural or emotional, and certainly have learning difficulties and often difficult family circumstances. If they are excluded from school, they might be lucky that there is a pupil referral unit on the school site, but in most cases it will be left to the local authority to find an educational placement for them. Because local authorities still have huge budgetary pressures, they often place these damaged young people with the cheapest provider they can find, and that provider will be unregistered. Some of the educational practices of these unregistered schools are frankly not acceptable. Because they are not registered, they do not have to be inspected by Ofsted, so we have no knowledge of what is going on. All excluded pupils should be placed with a registered provider so that they can get the best possible support and educational opportunity. Remember: some of these young people, as well as being sent to an unregistered school, might also be with an unregistered care provider. My goodness, this is the 21st century and we are treating children in this way.
I was interested in the points made by the noble Baroness, Lady Chapman, on the curriculum. Over the next eight years, when the Government hope to implement these proposals—of course, there will be a general election during that period too, and goodness knows what will happen then—we are going to have a system where some schools will have freedoms in the curriculum and others will not. I hope we will come together and start looking at ways to ensure that all schools have the same opportunities and freedoms, which can go together, and that way be better prepared if and when they become academies.
Covid has been a real shock to our schools and education service, with pupils missing huge amounts of schooling, falling further and further behind with their education, having increased mental health problems and Covid disproportionately affecting children from poorer families and communities. Boosting education, ensuring the resources and best teachers are there for all pupils, is the best way to level up.
The first question that arises is whether the phrase “fundamental British values” is still the right one. Should it not be “the values of British citizenship”? That title does not claim that these values are exclusive to our society, but it rightly and legally claims that they are the values of anyone who is a British citizen, whether by birth or by adoption.
On the values themselves, democracy, the rule of law and individual liberty—or, perhaps better, freedom—must surely remain in place. But, although the rest of the list—
“mutual respect and tolerance of those with different faiths and beliefs”—
is indeed essential, what about equal respect and concern for every person as such, able or differently abled and of whatever race or background? Would it not be better to talk about individual worth and the equal respect and concern due to everyone, whatever their beliefs? The word “tolerance” is somewhat uneasy in this context; there are some beliefs that we should not tolerate. But we should respect people and their right to hold beliefs, even if we do not respect the beliefs themselves.
I will talk in more detail about the exact wording when I move my amendment. I just emphasise that its purpose is to strengthen the statement on values by making it less lopsided and more philosophically coherent. However, in the amendment, I will include one addition to the values already there. It is clear that the one value that clearly resonates with young people more than any other at the moment is the environment. So should we not, in addition to including respect for people, take this opportunity to add respect for the environment? This would mean taking into account the systematic effect of human actions on the health and sustainability of the environment, both within the United Kingdom and on the planet as a whole, for present and future generations. I believe that such an addition would be widely welcomed as strengthening the teaching of values in our schools.
I believe that it is absolutely fundamental that pupils in our schools should be fully conversant with the political values upon which our society is founded.
We are not only interested though in the parts of the Bill which relate specifically to the schools provided by the Church of England, the Catholic Church and other faith communities. Our vision is for the common good and the best possible educational outcomes for every child. Church members work in all types of schools, parishes engage with all character of schools and our training is accessed by teachers and heads from schools other than our own.
We have a clear vision that education is for every child to experience life in all its fullness. It is for wisdom, not simply knowledge. This means enabling children to be creative, enjoy sport, build strong relationships, explore spirituality and learn languages, alongside equipping them with numeracy and literacy and preparing them for the world of work. When we reduce education to simply being about literacy, numeracy and the workplace, we sell children short.
We know that giving children a safe, loving environment in which to learn is essential, so knowing where children are matters. Thus, attendance and registration are important, but the collection and use of data needs careful consideration to make sure that the balance between safeguarding and freedom of choice is maintained. This will include the right to home education, which is significant for some children. The right reverend Prelate the Bishop of St Albans, who cannot be present today, plans to engage further in Committee on this. With many families struggling to juggle complex issues of poverty, additional health or special educational needs, we need the state to provide support, not simply punitive measures to enforce attendance.
Every child having a good teacher is at the heart of the Government’s strategy, but I am concerned that the current process of reaccrediting initial teacher education providers seems somewhat flawed, with many established providers being unsuccessful in the first round. This is likely to exacerbate the teacher supply crisis.
It is vital to ensure the sufficiency of teacher education provision; then those teachers need to be inspired, developed and given the maximum resources possible to deliver excellent education in every single school. The proposed changes to the funding system describe how the funding will be used and distributed. We need to ensure that such provision works for schools in areas of disadvantage and for the huge number of small schools that are at the heart of our rural communities. We cannot escape the hard reality that, with all the pressures on school budgets, the reforms and aspirations of the Government will be made possible only if we invest courageously in the education of our children. We need a big vision for our schools, and we need to ensure that this legislation is the best that it can be to effect that vision.
The legal environment around this is still somewhat ambiguous. Despite the Education Act 1996, which provides that parents should always be involved, and despite the Equality Act 2010, which should always ensure that there is a balanced discussion of difficult topics within a school environment, the legal environment is very difficult for schools. In this position, teachers face a bewildering set of issues, and children are finding all manner of ways in which to make life quite difficult in schools. Teachers therefore experience a situation in which women’s rights and privacy is eroded, parents’ participation is neglected and free speech is ignored. In this environment, teachers in schools need much stronger guidance from the department and from Ofsted. That is another area that we might take a look at.
I do welcome the Bill. It is extremely important that we even up spending for all children—but, in the current environment in schools, part of that should be about addressing mental health. As a matter of urgency in secondary schools, and in particular to protect the needs of teenage girls, we should look very quickly and urgently at the legal environment around these gender, self-harm and depression issues.
I will concentrate on trying to wheedle out where we are going with the structure, functions and accountability of the service. We started in 2010 with the mantra that every school would be free-standing: free to do what it wished, and free to adopt the curriculum or not. Thank God that we have moved away from this and returned to the idea which all education institutions—or at least 90% of them—understood to be the case: you need a family of schools in which schools worked, contributed and spread success together. We are moving back to that, albeit under the multi-academy trust model. This actually makes free schools a complete anomaly—that is, the idea that you can create a new school only by calling it a free school, even if it is not free because it is part of a multi-academy trust which, as has already been spelled out, will now be dictated to by the department itself. We have moved seamlessly in 12 years from everything being part of an isolated, fractured and “fragmented education system”—as the former Chief Inspector of Schools, Michael Wilshaw, called it seven years ago—to putting them into multi-academy trusts. We have moved from, “You do it your way and all flowers will bloom”, to giving the Secretary of State powers—which I actually welcome on the whole—to intervene to avoid failure.
However, we are not really providing any accountability; it has already been said in this debate that the missing element is accountability. This involves the engagement of parents and governing bodies with some role and power to ensure that this is a function of the whole community and not just the creation of isolated multi-academy trusts peppered across the country. This also involves ensuring that those recruited as trustees—and, I hope in the future, as governors—of the schools themselves are appointed on a transparent basis. There is so much to do to rethink the curriculum and assessments, and to work out how best to teach in the modern era, what to teach and how to prepare young people for a very different future. Very little of what is in this Bill will affect the fundamentals of our education system for the future, and that is a great shame.
The briefing that accompanied the Queen’s Speech said that there would be four main benefits of the Bill. I think the Government should use “could” or “might” or “hope” rather than “would”, because there is a huge problem around the issue of resources.
I recognise the importance of strengthening of the attendance regime, particularly post-Covid. Yes, all schools should publish an attendance improvement policy—attendance matters profoundly, as research shows us, so putting attendance guidance on to a strategy footing seems right. But we need preventive measures to encourage high attendance and there has to be a shared debate about what that means and what needs to be done to ensure that schools can increase their attendance.
There has been a lot said about safeguarding children wherever they are in education, and Parts 3 and 4 of the Bill are important: they address child protection and, as my noble friend Lord Storey rightly identified, this is about children’s rights, and we have to consider that in the context of what Parts 3 and 4 propose. I am in favour of registration by local authorities of children who are not in school; I think that most of the general public would be surprised to learn there is not a register of this kind. It will therefore be important for local authorities to have one and to provide support to home-educating families.
Part 4 of the Bill proposes increasing the powers of regulation via Ofsted to inspect any place providing a majority of education for more than five children. I am interested to hear from the Minister why the figure of five has been decided on, as opposed to four or three. I understand the complexity of that question—there has to be a number—but the justification would be interesting because there could be a case for making it lower.
I agree that we should not allow more loopholes to exist that prevent Ofsted carrying out its legal duties, such as claiming that an educational institution is part-time or providing further education. I just say to the Minister that I would like to explore in Committee whether prosecution, where there is unlawful activity, should lie with Ofsted or Ofsted’s role should be as the witness and the local authority should provide the legal support.
In my final minute or so, I note that I hope that the Minister will understand the importance of confirming the role of a local authority handling appeals and exclusions, school place planning, admissions policy across a local authority area and guaranteeing the necessary standards for special educational needs.
I must say, however, that I find the Bill a missed opportunity. There is nothing about primary schools and careers guidance—careers guidance occurs only from year 7, but it should start much earlier so that there is no loss of aspiration when children move from primary to secondary school. As Sir James Dyson said recently:
“Children are creative, they love building and making things … but as they get closer to GCSEs and A-levels all that is squashed out of them.”
I would like to explore what we can do to help the other 50% in our schools who do not plan to go to university.