Secondary Schools: Autistic Pupils

Baroness Barran Excerpts

Thursday 26th January 2023 Lords Chamber

[Lord Touhig (Lab)]

My Lords, in begging leave to ask the Question standing in my name on the Order Paper, I declare an interest as a vice-president of the National Autistic Society, an honour I share with my noble friend Lady Browning, who unfortunately cannot be with us today.

[The Parliamentary Under-Secretary of State, Department for Education (Baroness Barran) (Con)]

My Lords, we want to give all children and young people, including those with autism, the opportunity to thrive. The SEND and alternative provision Green Paper published last March set out

“proposals for an inclusive system, starting with improved mainstream provision”

with

“early and accurate identification of needs, high-quality teaching … and prompt access to targeted support”.

We are committed to publishing a full response to the Green Paper in our improvement plan early this year.

[Lord Touhig (Lab)]

I thank the Minister for her Answer. Some 130,000 autistic youngsters are educated in mainstream schools. According to figures from the Minister’s department, they are twice as likely as non-special needs children to be excluded from school. What is worse, a report by Ambitious about Autism revealed that more than half the exclusions are unofficial or unlawful. The Autism Centre for Education and Research at the University of Birmingham has produced an excellent report on these matters. The authors were due to meet officials from the Minister’s department, but unfortunately the meeting has not yet taken place. Will she personally intervene to ensure that this meeting takes place? It will make a difference.

--- Later in debate ---

[Baroness Barran (Con)]

I commend the noble Lord; I know he has worked tirelessly on this extremely important and complex issue of children and adults with autism. I would of course be delighted to go back to the department and talk to my ministerial colleagues to make sure the meeting takes place. I absolutely hear his concerns in relation to exclusions. He will be aware that the department updated our behaviour guidance last summer and stressed the importance of anticipating triggers of behaviour for children with special educational needs, including autism, and making sure provision is available for them.

[Lord Bellingham (Con)]

My Lords, the Minister will be aware that a significant number of education, health and care plans for autistic children are being delayed by the failure of councils to recruit enough educational psychologists. Indeed, some EHC plans have been issued without the child in question seeing an ed psych either remotely or in person. What does the Minister plan to do about this problem?

[Baroness Barran (Con)]

I would be grateful if my noble friend could share details of these cases, so that we make sure we understand them properly. The House will be aware that a diagnosis of autism needs to be a medical diagnosis. We will publish our improvement plan for provision for children with special educational needs. That will clearly cover how we want EHCPs to work better in future; it will be before the House shortly.

[Lord Addington (LD)]

My Lords, I thank the Minister for the Answer she gave earlier and remind the House of my interests in the general field of special educational needs. Does she agree that if you are determined to get a medical diagnosis, you are slowing down the process of recognition and help? If we get teachers better trained to give a suspicion—it might be just a suspicion—or some knowledge about the autistic field, we will have a chance of getting better help. If noble Lords think that does not have an effect, look at the numbers of autistic people identified in the prison system.

[Baroness Barran (Con)]

The noble Lord raises two connected issues. Formal diagnosis of autism in this country needs to be done by a medical professional—a doctor. The noble Lord is absolutely right; that does not need to slow down interventions to support a child where there is apparently autism, even before it is confirmed. The Government announced a contract with a number of leading charities in this area to provide universal training across the teaching workforce in both schools and FE, and 60,000 people have been trained so far since April 2022.

[Baroness McIntosh of Hudnall (Lab)]

My Lords, on this question of diagnosis, which the Minister has referred to, I am sure she is aware that it can take quite a long time before it is even seen to be necessary to seek a diagnosis, that this is particularly true with girls—children and young people up to teenage years—and that, once the need for a diagnosis has been identified, it can take a very long time to get it. Even if you are prepared—some people are, but not everybody can—to go for a private route to secure that diagnosis, it can sometimes be a year or two, three or four years before that diagnosis can be made. Can she see any way forward to changing that situation?

[Baroness Barran (Con)]

The whole strategic focus of the improvement plan that we will be publishing in response to the SEND and AP Green Paper consultation is to address the problem we see today of late diagnosis, late intervention and needs escalating; that is absolutely our aspiration. On the diagnosis of girls, we are running two pilots at the moment, one testing new screening tools and the other seeing whether we can adapt existing ones, because we are all aware that four times as many boys are diagnosed as girls.

[Lord Shinkwin (Con)]

My Lords, I congratulate the noble Lord, Lord Sewell of Sanderstead, on his introduction. A more diverse House is a stronger house. I also commend the noble Lord, Lord Touhig, on his long-standing work on autism. Will the Minister ensure that guidance for schools on transgender issues takes into account the Cass interim report finding that approximately one-third of children and young people referred to gender identity development services have autism or other types of neurodiversity?

[Baroness Barran (Con)]

I thank my noble friend for his question. The data he cites underlines the importance of having a truly skilful and expert diagnosis of the full range of issues a young person is facing before finalising any diagnosis of gender dysphoria. I cannot yet comment on how that will be addressed in the guidance because obviously, we are going to publish the draft and then consult on it.

[Lord Weir of Ballyholme (DUP)]

My Lords, I think it will be widely accepted that the key to providing the appropriate level of support throughout a school career for a pupil with autism—indeed, it needs to be tailored for the individual—is early diagnosis and early educational intervention, leading to sustained support for the pupil. What specific actions will the Government be taking to improve early educational intervention and what additional resources are they prepared to commit to improve it?

[Baroness Barran (Con)]

I have referred to some of the interventions. I talked about the three-year universal training contract in schools and colleges, which began in April last year. We have funded work on transition—£18 million for supported internships for those with the most complex needs. In addition to that early intervention, we also want to bring clarity to parents, teachers, local authorities and commissioners about what the nationally expected standards of provision are so that it feels like a clear, transparent and fair playing field.

[Baroness Wilcox of Newport (Lab)]

My Lords, while I understand and indeed respect the Minister’s previous responses on this Question, nevertheless the Government continue to delay the publication of their SEND review consultation response. Children, many of whom will be autistic, will be unable to reach their full potential and thrive in appropriate educational settings. These children are being let down. Minister, how much longer will they have to wait?

[Baroness Barran (Con)]

I think I have already said that the implementation plan will be published early this year.

[Baroness Tyler of Enfield (LD)]

Does the Minister agree that some children diagnosed with autism are also experiencing mental health difficulties, and that that is a complex interaction? What training is being given to mental health professionals working in mental health support teams in schools to understand and support autistic children who also have mental health problems?

[Baroness Barran (Con)]

I may need to write to the noble Baroness on the specifics of the training, but she is correct that we are supporting those professionals to respond and help identify mental health issues early among children in schools.

Vulnerable Teenagers

Baroness Barran Excerpts

Thursday 26th January 2023 Lords Chamber

[The Parliamentary Under-Secretary of State, Department for Education (Baroness Barran) (Con)]

My Lords, I too express my thanks—and, although I do not come from the north-east, I join the north-east admiration and respect club—to the noble Baroness, Lady Armstrong of Hill Top, for securing the debate and for her knowledgeable and insightful comments, and to Anne Longfield and her team for the work they have done on the Commission on Young Lives.

Tackling challenges such as criminal exploitation, gangs and serious violence underpins the Government’s commitment to improve the educational prospects and life chances of vulnerable teenagers. Today, I will highlight the ongoing work and planned reforms the Government are undertaking to address some of the challenges rightly identified in the report. I hope that the noble Baroness, Lady Chapman, will find that I have something substantive to say, not just today but, as she knows, when we publish our response to The Independent Review of Children’s Social Care—including the national panel reviews of the terrible murders of Arthur Labinjo-Hughes and Star Hobson and the CMA report into children’s homes—and our response to the consultation for children with special educational needs and alternative provision. I will also try to paint a slightly different and, I hope, less bleak picture, without in any way diminishing the problems that your Lordships have highlighted. I can absolutely reassure the noble Baroness that all our policy is made in consultation with practitioners, with those with experience of using services and with those who have experienced some of the issues raised in the report but perhaps have not had access to services.

I would also like to respond to the challenge from the noble and right reverend Lord, Lord Sentamu, about keeping children front and centre. That is what we are all striving to do, not just those in central government but those working throughout local government, our schools, the voluntary sector and beyond.

The report talks about the importance of recognising serious violence and criminal exploitation as a national threat. Tackling serious violence is an important priority for the Government. To help prevent criminal exploitation of vulnerable children, we have focused on early intervention—something I heard about from many noble Lords—to steer young people away from crime, investing £64 million in violence reduction units, £300 million in the Youth Endowment Fund and a further £5 million through our county lines programme. I know that the noble Baroness, Lady Armstrong, acknowledged this, but she talked about a lack of co-ordination. The Government absolutely recognise the need for co-ordination; we believe that the violence reduction units and the Grip hotspot policing programme —only the police can give names like that—have prevented an estimated 49,000 violent offences in the first two years of their activity.

In addition to tough enforcement to get dangerous weapons off the street, in education specifically we have announced a £45 million investment in funding specialist support in areas where serious violence most impacts on the lives of young people. This will enable professionals, including mental health therapists and family workers, to provide support to vulnerable children in alternative provision schools. In mainstream schools, the SAFE taskforces are investing in support such as mentoring to improve attendance and behaviour. Your Lordships talked a lot about exclusions, and I shall address some of those remarks; we know that school is an incredibly important protective factor for children, which is why attendance is so critical and we are so focused on it for all children.

The report talks about reforming the youth justice system to move towards a welfare-based, trauma-informed, child-first approach. In addition to our focus on prevention, where young people end up entering the youth justice system, we ensure that the welfare of those offenders is not overlooked. Much of the work of the justice system’s arm’s-length bodies is trauma-informed and child-focused. The Youth Justice Board, which has oversight of local youth offending teams, has adopted a child-first approach.

I absolutely echo the words of the noble Baroness, Lady Valentine, on the importance of the work of charities in this space. I could be a little biased, having been involved with a few in a former life. I absolutely recognise Esmée Fairbairn and other funders who really provide incredibly valuable, flexible and long-term support to the sector. I also echo the recognition of the work of Place2Be, which I know well. In response to the invitation from the right reverend Prelate the Bishop of Durham to meet some of the charities he works with, I would be delighted to—but I would also be delighted to liaise with colleagues in DCMS. I just want to be sure that they meet the right Minister. I am happy to work with him on that.

The Government are committed to supporting the delivery of the most effective and holistic care to these especially vulnerable children, wherever they are in the system, to give them the best chance to get on in life, while of course protecting communities and reducing reoffending. That is why we are investing £36.5 million in a pilot of a new form of youth custody, which is secure schools. The aim is that it will be a school first, with security, rather than a prison first, with education, and take a trauma-informed approach to rehabilitating children who offend. The Oasis Charitable Trust will run the first secure school in Medway.

The noble Baroness, Lady Chapman, addressed some of the issues around racial bias and race equity. I know that the noble Baroness talked about it in a broader sense. The Government are very sensitive to this, whether it is in the criminal justice system or our mental health services. We are absolutely clear that everyone within the criminal justice system in particular should be treated equally, regardless of their ethnicity or race, which is why we have safeguards in place. As the Inclusive Britain report set out in March 2022, we intend to enhance these safeguards through the development of a national framework for scrutiny of stop and search by local communities, and consideration of any barriers to increased use of body-worn video. We are also working at all stages of the youth justice system to address disparities, including tightening the tests that courts must satisfy to remand a child to custody to ensure such remands are used only when absolutely necessary.

A number of your Lordships talked about the implementation of the recommendations from the Independent Review of Children’s Social Care. Our manifesto committed to reviewing the social care system and providing better outcomes for children. As I mentioned already, three important reviews were published last year, including the independent review. The Government are committed to providing a robust response to these reviews. As I said earlier today, our response to the Independent Review of Children’s Social Care will be coming very soon.

I know that your Lordships are rightly concerned about early intervention, which was a key theme of the review. The noble Lord, Lord McConnell of Glenscorrodale, highlighted the vulnerability of children where the local authority is acting in the capacity of their parent. We absolutely recognise that. Our response will set out a detailed and ambitious strategy to respond to the key issues outlined in the report, including the better use of family networks; ensuring more young people who need care can live in foster care; and improving how we plan, commission and deliver care.

The noble Lord, Lord Davies of Brixton, focused his remarks on young people’s mental health. We are investing a further £2.3 billion a year into mental health services by 2023-24, with funding for children’s and young people’s mental health services growing faster than overall funding. We estimate that this will allow a further 345,000 children and young people to access mental health support. I think that the noble Lord will agree with me that we need targeted mental health intervention but we also, as he eloquently explained, need the earliest possible intervention. That is why we have our Start for Life programme. We have a dedicated £100 million for infant and perinatal mental health services and are putting a further £50 million into parenting programmes, all of which can help to create that resilience for parents and their children which is so badly needed. We are also increasing the rollout of mental health support teams to schools and colleges; they currently cover just over a quarter of pupils but that will increase to around 35% by April.

The noble Baroness, Lady Valentine, and other noble Lords talked about the importance of joined-up services. As the House knows, the Government are a strong supporter of family hubs, which we believe will be the one-stop shops that make it easier for families with children of all ages to get the support that they need and to access the professionals and partners in a local area. That will make it easier for them to work together, with a focus on supporting and strengthening the family relationships that carry us through life. We are committed to investing £300 million, enabling 75 local authorities to create these hubs, the first of which will be opening later this year.

On child poverty, the right reverend Prelate the Bishop of Durham asked me to reassure him that we will be considering both reports that he referred to in his speech. Of course, we will. I think the House knows that the Government believe that the best way of tackling child poverty is by supporting parents to move into work and then progress in work wherever possible. The latest data shows that children in households where all adults work were six times less likely to be in absolute poverty than children where no one worked. With more than 1.18 million vacancies across the UK, our focus remains on supporting people to find work and improve their earnings. We will also continue to work across government, both at ministerial and at official level, to ensure a co-ordinated approach to helping young people out of poverty.

The noble Lord, Lord McConnell, raised the issue of extending school hours. We absolutely acknowledge that extracurricular activities and wraparound childcare play a crucial role in providing a safe, enriching environment for children which supports their well-being and educational development. The House will be aware that looking at our options to strengthen our childcare offer remains a priority for the Government, but we also encourage all schools to take an active part in their communities. So, for example, the funding agreement for all academy trusts includes a specific clause stating that academy trusts must ensure that the academy

“is at the heart of its community, promoting community cohesion and sharing facilities with other schools and the wider community.”

Many schools already do this and make their facilities available to local community groups and sports teams—including, potentially, rugby union teams, to reassure the noble Lord, Lord Addington—in the evening, at weekends or during the school holidays.

Our youth investment fund aims to create and expand facilities for young people, giving them access to thousands of new positive activities each year. We welcome bids that can show how different groups working with a variety of young people can share the spaces we are creating.

A number of noble Lords rightly raised the issue of exclusions. The Government support head teachers in using exclusion as a sanction where it is warranted, but clearly the priority is to create environments where all pupils and staff can thrive and reach their potential. We are absolutely clear that permanent exclusion should be used only where absolutely necessary as a last resort, and this should not mean exclusion from education. We absolutely accept that being excluded from school does not mean that you should not be kept safe. We are prioritising support to those at risk of permanent exclusion and are determined to eliminate the poor and, indeed, at times illegal practice of off-rolling children.

The special educational needs and disabilities and alternative provision Green Paper set out our national vision and delivery model for the alternative provision system to improve children’s and young people’s well-being and outcomes. As the House knows, we will be publishing our response to that shortly. I think I must let the noble Lord, Lord Addington, judge the level of commitment when he hears those proposals. I absolutely reassure the House that all Ministers, but particularly the Minister for Children and Families, are working tirelessly to make sure that these important reforms are effective and implemented well.

The noble Baroness, Lady Blower, talked about a lack of youth workers and how those numbers had reduced. She will be aware that the Government are supporting youth practitioners in a number of ways. We have developed bursaries for youth work qualifications and funded more than 600 places since 2019. At a national level, the national youth guarantee gives a really clear commitment to young people, backed by more than £500 million investment in youth services, including the youth investment fund, which is building up to 300 new youth centres in levelling up areas.

We absolutely accept the range and value of many different youth services, including the Duke of Edinburgh’s Award and the impact that can have on a young person’s physical and mental health, and we have invested £7 million to expand access to the D of E in community organisations to make sure that every mainstream school in the country is able to access it.

The noble Baroness, Lady Valentine, asked where the responsibility for NEET sits. It sits between the Department for Education, largely in relation to children aged 16 to 18, or up to 25 if they have special educational needs and disabilities—I can write with the details of our responsibilities—and the Department for Work and Pensions when young people become of working age, over the age of 18.

If your Lordships will bear with me for a few seconds more, I would like to finish with an anecdote relating to the stickability idea that the noble Lord, Lord McConnell, raised. I recently visited a school in Sefton that had been in special measures and a new trust had come in to support the school. I was talking to one of the children and I said, “Tell me what it’s like here now”. She said, “Well, at this school we climb mountains.” I looked at her. She said, “Life is about climbing mountains and I am just working out which one I am going to excel at”. So stickability lives on in the minds and spirits of our young people.

I look forward very much to working with your Lordships to make sure that, as we bring forward further proposals to support vulnerable adolescents and make sure they grow up in safe and nurturing environments, we can make that the success that we need it to be. I thank the noble Baroness opposite for the spirit of her comments and, as the right reverend Prelate the Bishop of Durham said, every child is precious, and we absolutely agree that every child deserves and needs to feel loved.

Schools: Transgender Guidance

Baroness Barran Excerpts

Wednesday 25th January 2023 Lords Chamber

[Lord Farmer]

To ask His Majesty’s Government when they intend to publish their official transgender guidance for schools.

[The Parliamentary Under-Secretary of State, Department for Education (Baroness Barran) (Con)]

My Lords, we recognise that issues relating to sex and gender can be complex and sensitive for schools to navigate. That is why we are developing guidance to support schools in relation to transgender pupils. It is important that we are able to consider a wide range of views to get this guidance right, so we have committed to holding a public consultation on the draft guidance prior to publication.

[Lord Farmer (Con)]

My Lords, I thank my noble friend for that Answer, but schools need this guidance now. There is much confusion in schools, children are suffering, and teachers and headteachers are struggling. Also, the experience of NHS gender dysphoria services points towards future class actions, brought by former pupils. Some of those who want to detransition fully will be unable to do so. Will the Minister assure this House, and headteachers and their staff, that this guidance will be definitive enough to protect schools legally?

[Baroness Barran (Con)]

The guidance to support schools in relation to transgender pupils will set out schools’ legal duties and aim to provide clear information to support their consideration of how to respond to transgender issues. However, the guidance will not create new laws or be able to pre-empt the decision of a court on any specific case that might be brought.

[Lord Cashman (Lab)]

My Lords, discrimination is on the rise, and I welcome this Question because it is clear that we have to do something. A YouGov poll commissioned by Gallup and published today indicates that one in five LGBT people has been coerced or face conversion out of their sexual orientation and gender identity. From this, coupled with the staggering rise in hate crime against trans people, it is clear that we need action. No one should feel isolated at school, feel that they do not belong, or feel that their families or parents do not belong. Therefore, does the Minister acknowledge that we need inclusive relationship and sex education, especially for those misrepresented, stereotyped and marginalised groups? Will she ensure that any strategy is both evidence-based and based on the needs of pupils, including trans pupils, and their families?

[Baroness Barran (Con)]

The noble Lord obviously brings extensive experience and wisdom in these areas. As he is aware, the Government will publish a draft Bill to ban conversion practices, and we are committed to protecting all who are at risk of harm from them. On listening to the voices of all pupils, including trans pupils, I stress that the Government are committed to a very full and open consultation so that the guidance we produce reflects the views of all those affected.

[Baroness Fox of Buckley (Non-Afl)]

My Lords, puberty is a difficult time, especially for young women. For example, a dread of sexualised stereotypes can lead to anxiety about the body, sometimes expressed as dressing as a tomboy and sometimes pathologised as anorexia. Therefore, can the Minister ensure that schools do not automatically affirm the fashionable gender dysphoria as a catch-all solution, which is particularly difficult for young lesbians? Can she assure teachers who do not endorse social transitioning associated with gender ideology that their employment and reputation will be protected from false allegations of transphobic bigotry?

[Baroness Barran (Con)]

The noble Baroness raises important points, but she paints a picture that I do not fully recognise. The vast majority of schools realise that these are incredibly sensitive issues for staff, pupils and pupils’ parents, and do their absolute utmost to keep that level of trust with all in their care and for whom they are responsible.

[Baroness Burt of Solihull (LD)]

My Lords, as the Minister says, this is clearly a sensitive and complex issue, and schools are clamouring to know what to do. All kinds of stories abound about “woke policies” and “political correctness gone mad”, but the Cass review said that “doing nothing” for a child in distress is not a “neutral act”. Pending guidelines arriving, will the Minister agree that all school policies should be as sensitive and inclusive as possible?

[Baroness Barran (Con)]

We absolutely want our policies to be sensitive, and we need them to be practical, clear and trusted. The noble Baroness quoted one element of Dr Cass’s report, but I did not hear her also say—forgive me if I missed it—that any decisions about social transition are not neutral either.

[Baroness Meyer (Con)]

My Lords, is not imposing the use of preferred pronouns on teachers and pupils an attack on freedom of speech?

[Baroness Barran (Con)]

As I say, I do not think it is helpful to generalise and talk about imposition of pronouns. We will address these issues in our guidance, and will draw on the widest range of views to inform it.

[Baroness Chapman of Darlington (Lab)]

My Lords, I think most people agree that guidance is needed for schools, and they will welcome the Minister’s comments that this must be done with sensitivity and respect to all pupils, including, of course, trans pupils. But does she acknowledge that the lack of certainty over the timing of this is furthering anxiety and concern and that, notwithstanding what she has correctly said about consultation, the sooner we can get this guidance published and out to schools the better?

[Baroness Barran (Con)]

I agree, and I hope I did not give a sense of foot-dragging on the part of the department. What I wanted to share with the House was a sense of how important we see this guidance being and how seriously we are taking it.

[Baroness Foster of Oxton (Con)]

My Lords, there is evidence that children as young as seven are being asked whether they are male, female, bisexual and trans in schools. Parents appear to have no say in these matters. Does my noble friend agree that this cannot continue? This is now, in my view, bordering on child abuse. Will she look into this matter with the utmost urgency and report back to this House as soon as possible?

[Baroness Barran (Con)]

If my noble friend or any Member of this House has specific examples, it would be really helpful for them to share these with the department so that we are able to respond. Certainly, if one looks at the data on, for example, children who have been referred to the NHS GIDS clinic, it shows that there are very, very few children as young as seven. I appreciate there are a number of other issues involved, but the more we can have practical examples, the more we are able to respond effectively.

[Baroness Falkner of Margravine (CB)]

My Lords, I need to declare an interest as chairwoman of the Equality and Human Rights Commission. I completely endorse the department’s intention to consult widely on this; it is important that it does so. The Minister will also be aware that this matter has been tasked to her department since 2021, and parents, who are incredibly anxious, as well as children affected, really need her department to come to a speedy resolution. It cannot be right to let it stay out there in the ether, year after year.

[Baroness Barran (Con)]

By my calculations, it has been only a year and a bit since 2021. More seriously, I say that one of the important elements in our considerations is the work that Dr Cass is doing in her review. Her interim report did not touch on the implications of these issues in relation to education, but we want to draw on important resources such as her work.

[Lord Sandhurst (Con)]

My Lords, on 5 July last year, the Minister wrote to me saying:

“We are in absolute agreement over the principle that parents should know what their children are being taught, especially in relation to sensitive topics”.


That is an important matter and, in subsequent correspondence and meetings, I was told that a letter would be sent to all schools instructing them to show parents who asked for it the material from which their children were being taught, and not to assert commercial confidentiality or copyright issues. To date—unless it has happened today—no such letter has been written. When will it be sent?

[Baroness Barran (Con)]

I recognise my noble friend’s concerns on this point. The department remains absolutely committed to sending the letter. He will appreciate that, with various ministerial changes, we have to get sign-off from the current ministerial team. There is no block to the letter going, and it will be sent shortly.

[Baroness Hoey (Non-Afl)]

Can the Minister tell us who exactly is being consulted?

[Baroness Barran (Con)]

This will be an open, public consultation in the normal way.

Schools: Artificial Intelligence Software

Baroness Barran Excerpts

Thursday 19th January 2023 Lords Chamber

[Lord Hampton (CB)]

My Lords, in begging leave to ask the Question standing in my name on the Order Paper, I declare an interest as a working teacher in a state secondary school in north London.

[The Parliamentary Under-Secretary of State, Department for Education (Baroness Barran) (Con)]

My Lords, AI has the potential to transform society. We must harness the potential benefits, including reducing workload and improving accessibility, while confronting the risks to trust, privacy and security. We are committed to pupils building knowledge and skills so that they can take advantage of the opportunities that AI creates, including in creative subjects. Since our reforms to GCSEs and A-levels, most assessments are exam based, where pupils are assessed under strict conditions with no internet access.

[Lord Hampton (CB)]

I thank the Minister for her response. There is a lot of anecdotal evidence at the moment which suggests that students are using AI for everything from essays and poetry to university applications and, rather more surprisingly, visual arts subjects. Just before Christmas, one of my product design A-level students came up to me and showed me some designs that he had done. He had taken a cardboard model, photographed it, put it into a free piece of software, put in three different parameters and had received within minutes 20 high-resolution designs, all original, that were not A-level but degree level. The current discussion seems to be very much about—

--- Later in debate ---

[Lord Hampton (CB)]

Sorry! At the moment this is about plagiarism and fighting the software. When do the Government plan to meet education professionals and the exam boards to design a new curriculum to embrace this new opportunity rather than fight it?

[Baroness Barran (Con)]

I thank the noble Lord for his question and his reflections. The Government are already engaging with the education sector on these issues. I will meet the head of Ofqual next week. Guidance has also recently been produced for universities on this. The spirit of the noble Lord’s question, which is that we must seize this opportunity, is absolutely a key part of our focus.

[Lord Clement-Jones (LD)]

My Lords, this Question clearly concerns a very powerful new generative, probabilistic type of artificial intelligence, which we ought to encourage in terms of creativity but not of cheating or deception. Does the Question not demonstrate the limitations of the Government’s online digital and media education strategy? Why is there nothing in the Online Safety Bill on this?

[Baroness Barran (Con)]

Elements of the Online Safety Bill will touch on this, but, as the noble Lord understands very well, this is much broader than online safety. I push back hard on his assertion of a lack of ambition in the Government’s strategy. This is a central part of the Prime Minister-chaired National Science and Technology Council and is one of the top five priorities within it.

[Baroness Stowell of Beeston (Con)]

My Lords, I refer my noble friend and the whole House to the report published this week by the Communications and Digital Select Committee on the future of creative industries. What plans do the Government have to improve careers advice about the lucrative careers in the creative industries that require a blend of digital and creative skills?

[Baroness Barran (Con)]

I take this opportunity to celebrate our extraordinarily successful and innovative creative industries. The Government are doing a great deal in relation to careers advice, including beginning careers advice in primary school, which I know is dear to the hearts of many noble Lords.

[Lord Reid of Cardowan (Lab)]

My Lords, when the Government are encouraging discussion about artificial intelligence in schools, will they make sure that they balance the undoubted advantages of AI with a warning about the most serious disadvantage of artificial intelligence? It does not lack creativity, it does not lack imagination, it does not lack knowledge, but it lacks empathy. A powerful tool that has knowledge, creativity, imagination and, potentially, instruction but lacks empathy is a hugely dangerous tool in the wrong hands.

[Baroness Barran (Con)]

The noble Lord makes a good point. AI lacks empathy and emotion. I think the human brain will always be more creative. It changes the skills that we need to equip all of us—our young people, in particular—with in terms of the ability to distinguish fact from fiction and how to apply knowledge and critical thinking.

[The Earl of Clancarty (CB)]

My Lords, the positive opportunities of AI are to be welcomed, but there is a huge concern, dealt with in detail in the excellent report on the creative industries that was referred to by the noble Baroness, Lady Stowell, about the effect of potential text and data-mining exemptions to IP law on creative workers, including writers and musicians. Will the Government rethink this proposal and properly consult creative workers about this?

[Baroness Barran (Con)]

This whole area throws up enormous issues in terms of copyright and intellectual property, of which this is one example. I know that colleagues in the Office for Artificial Intelligence are considering these issues in detail.

[Lord Addington (LD)]

Will the Minister take the time to make sure that people understand the difference between the various types of technology and particularly assistive technology? Assistive technology may be something that some people need for life, not just through their education, and they should probably start using it earlier than we do. Will the Government make sure that teachers and educationalists know the difference?

[Baroness Barran (Con)]

I suggest that teachers and educationalists do know the difference. The big change that we are seeing is the development of these LLMs—large language models—and other types of AI. However, I think that particularly for people with special educational needs, whether children or adults, this could really unlock their education in a way we have not seen previously.

[Baroness Morgan of Cotes (Con)]

I thank my noble friend for her answer because she has set out opportunities for pupils, particularly for those with special needs. She mentioned the Prime Minister’s National Science and Technology Council. Does she agree that the responsible use of AI in schools would set up our young people for the workplaces of the future because AI is with us, whether we like it or not?

[Baroness Barran (Con)]

My noble friend is absolutely right. The AI genie is out of the bottle, and it is how we manage the risk and capitalise on the opportunity. We are aiming to do that in our schools and universities. We already have a programme for creating 1,000 new AI PhDs through centres for doctoral training as well as opportunities for addressing the lack of diversity in the UK AI market.

[Baroness Chapman of Darlington (Lab)]

My Lords, we are encouraged to hear the Minister speak in such positive terms about AI, but returning to the original Question asked by the noble Lord, Lord Hampton, is she concerned about fairness of access to technology that may be affecting the way young people are assessed? Not all young people will have the same access to these technologies, and it may be that not all schools are applying advice on this issue consistently.

--- Later in debate ---

[Baroness Barran (Con)]

The noble Baroness raises two different points. On fairness of access to technology, obviously the Government are working very hard and are committed to making sure that those building blocks, in terms of really high-quality wi-fi access, et cetera, are available across all our schools.

[Lord Foulkes of Cumnock (Lab Co-op)]

My Lords, the noble Lord, Lord Hampton, made a declaration of interest that he is a working teacher in a state school in north London. Is the Minister aware that if I were a working teacher in a state school in north Ayrshire it would not be very easy for me to attend the House of Lords? Is that not one of the reasons why more than half the Members of this House are from London? Is that not wrong for a legislative assembly which is meant to represent the whole United Kingdom?

[Baroness Barran (Con)]

I am not sure of the link to the Question unless the noble Lord is suggesting that at some point a chatbot might replace our Scottish colleagues.

[Lord Addington (LD)]

My Lords, I take advantage of this moment to remind the House of my interests, which I should have declared.

Childcare

Baroness Barran Excerpts

Tuesday 17th January 2023 Lords Chamber

[The Parliamentary Under-Secretary of State, Department for Education (Baroness Barran) (Con)]

My Lords, helping working families to take up and remain in work is a government priority. The majority of parents can access the childcare they need in order to work, thanks to the over £3.5 billion per year for the past three years that we have provided to support families with the costs of their childcare. We are aware that some government offers get less take-up; hence, the Government have introduced a £1.2 million marketing campaign to help raise awareness among parents.

[Baroness Sherlock (Lab)]

My Lords, the ONS recently reported the first sustained rise in 30 years in the number of women not in the labour market because they are taking care of family—and no wonder, when it costs £14,000 to put a two year-old into full-time childcare in England, which is two-thirds of median take-home pay. There are allegedly free places for younger children, but the Government do not pay enough to cover the costs, so providers are going out of business. Universal credit gives some help, but only if you can afford to pay up front and then claim back, which, of course, many cannot. So can the Minister see that, in modern Britain, childcare costs are rising twice as fast as wages? Businesses need staff; parents cannot afford to work. What are the Government doing about it?

[Baroness Barran (Con)]

I thank the noble Baroness for her question; the issue is very important and, as the noble Baroness knows, extremely complicated. We announced in July a number of measures that are under review to try to improve the supply of childcare and bring down the costs. My honourable friend the Minister for Children and Families is considering all of these actively at the moment.

[Lord Addington (LD)]

My Lords, can the Minister confirm that the idea of upping the ratio of children to childcare staff has been removed from the table—and that going up to five three to four year-olds per member of staff, as has been suggested and is happening in Scotland, will not happen here? Lowering the quality of care will not help anyone.

[Baroness Barran (Con)]

I would say to the noble Lord, first, that nothing is yet off the table. As I just said, my honourable friend the Minister for Children and Families is considering all options. I am not aware of any research or evidence showing that quality is deteriorating; indeed, our childcare ratios are among the lowest in Europe.

[Baroness Bull (CB)]

My Lords, while the number of children with special educational needs and disabilities is going up, the capacity of childcare settings to support them is going down. According to Coram, only 21% of local authorities have sufficient capacity to meet their needs. Can the Minister say what the Government are doing to ensure that there is sufficient childcare provision for children with special educational needs and disabilities, given that the Government themselves have acknowledged the vital importance of early years inclusion to long-term outcomes?

--- Later in debate ---

[Baroness Barran (Con)]

As the noble Baroness said, the Government are very aware of the importance of this issue. We have made a number of changes, particularly in relation to funding early years provision for children with special educational needs and disabilities, including increasing the disability access fund, which is now worth £800 per eligible child; it was increased from £615 last year.

[Lord Sahota (Lab)]

My Lords, in 2010 there were 3,600 Sure Start centres in the country; by 2020, 1,300 of them were closed. Do the Government plan to reopen any of the Sure Start centres that were closed in the last 10 years?

[Baroness Barran (Con)]

The Government are absolutely committed to families getting the right, co-ordinated early help. That is why we have announced funding for 75 local authorities to create family hubs; these will co-ordinate all the services, many of which were provided in the Sure Start centres.

[Lord Kamall (Con)]

My Lords, the noble Baroness, Lady Sherlock, said earlier that this is very important, because businesses need staff, and particularly parents. Is the Minister aware of any incentives across government that are working with businesses to encourage them to provide childcare for their staff?

[Baroness Barran (Con)]

I am not aware of specific examples to give my noble friend, although I do know that a number of businesses are very innovative in the childcare that they provide to their staff. Obviously, the Government have been very active in creating a basis for flexible working for every employee in the workforce, which is also critical in this area.

[The Lord Bishop of Carlisle]

My Lords, following the recommendation in a recent report published by the Work and Pensions Committee on universal credit and childcare costs, can the Minister tell us what assessment His Majesty’s Government have made of childcare funding schemes in Scotland and in some Scandinavian countries? Have they investigated whether their costs are offset by other benefits to society, such as increased economic activity, additional tax receipts and personal well-being?

[Baroness Barran (Con)]

A great deal of work is going on at the moment looking at different options, as I have said, to increase affordability but also to increase flexibility for parents. In addition to the report, which the right reverend Prelate mentioned, I can think of at least half a dozen think tank reports that have been published recently. What struck me in looking at those was that there is very little agreement on the solutions to this issue—hence the time we are taking to get it right.

[Baroness Meacher (CB)]

My Lords, do the Government have a clear view about the maximum acceptable cost per hour of childcare? If the Government do have such a figure in mind, will the Minister explain to the House what it is? Are the Government providing subsidies to childcare to ensure that the cost does not rise above that level?

[Baroness Barran (Con)]

Obviously, the majority of providers in the childcare market in terms of number of places—whether childminders or nurseries—are effectively private businesses. The Government are well aware that their costs have risen much faster than their constituent parts, namely labour and rent. The Government are concerned about that, and we hear the impact on working families.

[Baroness Brinton (LD)]

My Lords, despite the Minister saying earlier that the Disability Access Fund had increased, Contact a Family, the disabled children’s charity, in its most recent survey of parents, found that 87% of mothers with disabled children said that they could not work as much as they wanted to because the childcare was neither safe nor met their child’s specific needs. What are the Government trying to do to ensure that appropriate childcare is available for disabled and seriously ill children?

[Baroness Barran (Con)]

This is one of the areas that we are exploring at the moment and it is a particularly complex and challenging one. As the noble Baroness rightly says, every individual disabled child will need a bespoke package of support. Our aim is to make childcare flexible and affordable for parents.

[Lord Turnberg (Lab)]

My Lords, many hospitals now have a creche available for their working mothers, but the problem now is that many of these close at 5.30 pm or 6 pm and nurses often have to carry on. What can we do about that?

[Baroness Barran (Con)]

The noble Lord makes a good point, which really goes to the issue of the affordability of what in the jargon is known as “wraparound care”—outside conventional hours. One of the initiatives the Government have taken is to introduce what is known as tax-free childcare, which subsidises the cost of childcare for children between the ages of nought and 12. That programme historically had relatively low take-up, but I am pleased to be able to tell the House that the number of families using that tax-free childcare has more than doubled in the last four years.

[Lord Winston (Lab)]

My Lords, the Minister seems to have given an inadequate answer to my noble friend about Sure Start. The research shows very clearly that Sure Start changed and improved the quality of collaboration between children, their sociability and indeed their intellectual development when they started at primary school. Why have the Government left this in the way that they have?

[Baroness Barran (Con)]

I am sorry if the noble Lord thinks I gave an inadequate answer; that was certainly not my intention. What I was trying to say was that the Government absolutely recognise the importance of support for families, both in the first 1,000 days of a child’s life but also in the longer term—since, in my experience, families do not work in a straight line—as children grow up in the family hubs. All I was trying to say was that there is more than one way of achieving the same objective.

Oak National Academy

Baroness Barran Excerpts

Thursday 12th January 2023 Grand Committee

[The Parliamentary Under-Secretary of State, Department for Education (Baroness Barran) (Con)]

My Lords, I join other noble Lords in congratulating my noble friend Lord Vaizey on securing time for this short debate. I am delighted to be exercising a pincer movement on him together with my noble friend Lady Evans, who is strategically placed at the other end of these Benches. I am also grateful to all noble Lords for their interest in Oak; I understand the strength of feeling in the Committee about protecting a thriving and competitive market for authors and publishers. I hope that, in the few minutes I have to speak, I can address those points as well as the absolutely critical reasons for our support for Oak, which the noble Lord, Lord Knight, and the noble Baroness, Lady Morris, questioned.

There are many in the Committee who are far more expert and have done the real job of teaching but we all know that designing a high-quality, carefully sequenced curriculum is both complex and time-consuming and requires significant subject-specific expertise. We also know that many teachers develop their curriculum from scratch, with the average primary teacher searching online for resources for between one and three hours per week. All this adds to their workload; teacher workload is one of the greatest threats to teacher retention. We fundamentally believe that Oak can help with this. I am surprised that there has been less emphasis in this debate on the impact on teacher workload, given how strongly I know your Lordships feel about it.

We understand the concerns that Oak may negatively impact on the market. Our analysis suggests that that impact is likely to be low but we are taking steps to mitigate the risk, which I will go through, and will continue to monitor it; I say that in response to a number of questions, including from my noble friend Lord Vaizey. Ultimately, it is the public benefit Oak will provide that must be the Government’s priority. I will cover this.

My noble friend talked about Oak’s achievement in uniting the publishing sector—for the first time, I assume. I cannot comment on that but a greater achievement, as my noble friend Lady Evans pointed out, is that almost half of users save three hours a week on average in terms of their workload. I say in response to my noble friend Lord Strathcarron that Oak users are more likely to stay in the profession of education. In the scheme of things, in terms of spending taxpayers’ money and in the context of a budget of £58.8 billion in two years’ time, if our £43 million goes some way to keeping teachers in the profession—although it is not our primary aim—it will have been money spent incredibly well. On funding, which was raised by the noble Baroness, Lady Blower, the IFS has confirmed that, in 2024-25, school funding will be the highest it has ever been in real terms; I hope she will bear that in mind.

My noble friend Lord Strathcarron made comments about handing back publishing to the professionals. In the case of schools, teachers are rightly creating their own content and their own curriculum. We believe that Oak will be an important catalyst in supporting them to do that even better than they do already.

As my noble friend Lady Evans pointed out, Oak was launched in April 2020 in response to the pandemic. During its busiest week, 2.5 million pupils used it. I thank the noble Lord, Lord Liddle, for so eloquently recognising the contribution of Oak; I absolutely support and echo the sentiments that he expressed.

Despite what some noble Lords have suggested today, we believe that Oak has developed into a respected national resource and that evidence of the need for its continuation is strong. We know that, in the first six months of 2022, on average 32,000 teachers and 170,000 pupils used Oak resources every week. We now see how teachers benefit from the adaptability of the resources by using them in the way they see best, opting to use parts of the materials to enhance their lesson design rather than taking the off-the-shelf, tick-box approach that was unfairly described by some noble Lords. I remind your Lordships that only 1% of teachers are using Oak resources exclusively.

As your Lordships set out, in September 2022—my noble friend Lord Vaizey mentioned March; it was actually September—Oak was established as an arm’s-length body, which is strategically aligned with but, like every other arm’s-length body, operationally independent from the department. We took the decision to establish Oak after careful deliberation, including engaging the publishing and edtech sectors and an assessment of market impact, which my noble friend Lord Vaizey asked about. Your Lordships can review the full assessment of the business case, which was published in November and is available on GOV.UK. To repeat: we will absolutely keep a watching brief on developments in the market, along with the impact on competitors and on workload, teachers and, most important, pupils.

Oak will bring significant benefits for teachers by providing high-quality, adaptable and, I stress, optional support, reducing their workload and increasing curriculum planning expertise. The noble Lord, Lord Knight, gave us three options on why, because he argued that there are plenty of resources. I would not disagree. His first option was whether they were easier to find. The answer is yes. The second was whether it would drive quality. The answer is yes. The third was whether it was about control. The answer is no. It is absolutely not because, as he knows, it is up to every individual school and trust to choose what materials they use.

I encourage all noble Lords, as some clearly already have, to look at the procurement that is already going on and the engagement with teachers and professionals in the sector to ensure that the resources produced are as good as they can be. Also, a significant proportion of the £43 million set aside over the next three years to support Oak is expected to be provided to publishers, schools and other organisations for the creation of resources—I think to many of the organisations that some noble Lords have been concerned about today.

In November, Oak launched the procurement for resources in six priority subjects, which was worth £8.2 million. In response to the question from the noble Lord, Lord Addington, about mitigation, that offers the commercial market an opportunity to be involved in the creation of Oak’s new content.

On the issue of children with special educational needs and disabilities, which I know is very dear to all noble Lords’ hearts, and rightly so, the adaptability and accessibility of Oak’s resources provide a real opportunity to improve the quality of education for all pupils, including those with special educational needs and disabilities in mainstream schools. Oak will continue to provide more than 600 lessons supporting specialist teaching.

We know that teachers in the UK benefit from a diverse commercial market of educational resources. Oak aims to complement and stimulate this market, not to displace it. My noble friend Lord Vaizey described a sort of Stalinist economy, with no choice and no limits on what Oak can provide. I would like to set the record straight on both those things. I think that I have talked about choice already but, on limits, Oak’s activity will be restricted to key stages 1 to 4. There are several thriving sections of the market into which it will not enter, including the publication of textbooks, certified assessments and CPD. It will also not be pursuing domestic or international sales to schools, teachers, parents or pupils. It will not be producing phonics resources or key stage 5 resources.

Importantly, Oak is working collaboratively to develop its content. It will also signpost users to excellent curriculum offers available elsewhere—something which I think concerned the noble Lord, Lord Kennedy—so teachers will have more, not less, choice in deciding what is right for their pupils. The noble Baroness, Lady Morris, suggested that teachers do not want Oak, which is a little unfair. Of the teachers surveyed, 93% of those who use Oak plan to continue using it in the current academic year.

My noble friend Lord Vaizey asked why there was no consultation on the establishment of the ALB. There is no duty to consult when establishing an ALB and, as he acknowledged, a market impact assessment was carried out and the department spoke to the market on several occasions. In response to the question from my noble friend about data protection, Oak will obviously be subject to all data protection duties.

I will write to noble Lords whose questions I did not reach, but I would like to finish by reminding your Lordships what Oak means for children and for teachers. Teachers surveyed in the impact evaluation of Oak said that it increased their confidence in curriculum design, increased the quality of their lesson planning, improved delivery and improved the quality of the school curriculum. Most importantly, Oak users were 35.3% more likely to report that above 20% of their pupils were exceeding expectations. That is what we want for our children, and why we are supporting Oak.

School Meals: Funding

Baroness Barran Excerpts

Tuesday 13th December 2022 Lords Chamber

[Baroness D’Souza]

To ask His Majesty’s Government which government departments share responsibility for (1) the funding of, and (2) and decisions about, school meals in (a) term times, and (b) vacations.

[The Parliamentary Under-Secretary of State, Department for Education (Baroness Barran) (Con)]

My Lords, free school meals are intended to support children in term time while they are being educated in school. They are funded by the Department for Education. The department also provides the holiday activities and food programme during the longer school holidays. The policy regarding eligibility for free school meals is also set by the Department for Education. School food standards are set in secondary legislation and are the responsibility of schools to implement.

[Baroness D’Souza (CB)]

I thank the Minister for her Answer. Given the depth and spread of need in a whole generation of our children, does the Minister agree that a senior Minister—preferably at Cabinet level—should be appointed to oversee, co-ordinate, prioritise and extend free school meals for children immediately, thereby also providing a powerful voice for children at the heart of government?

[Baroness Barran (Con)]

The noble Baroness will be aware that this Government have extended the reach of free school meals in many important ways, including the provision of universal infant free school meals and further education free school meals. In relation to a Cabinet-level position, the House will be aware that in his independent review of children’s social care, Josh MacAlister recommended a Cabinet-level post of Minister for Children and his recommendations are currently under consideration.

[Baroness Berridge (Con)]

My Lords, my noble friend will be aware that during a cost of living crisis, free school meals are essential during term time. However, at short notice during the cold weather there can be the closure of schools or a failure in the building. So can my noble friend confirm that there is resilience within the system to stand up vouchers very quickly for those children? The lack of a meal for one, two or three days can be essential.

[Baroness Barran (Con)]

I commend my noble friend for the work she did during the pandemic when she was standing up very flexible responses. We continue to work very closely with schools to ensure that children get the support they need.

[Lord Storey (LD)]

My Lords, the Minister will be aware from reports from various charities that there are children going to school who have not had a proper breakfast. She will be aware that children do not always get proper meals. This is not acceptable. She will recall that the coalition Government brought in free meals for all children in key stage 1. When asked about this, she always says that the benefit system is the way we provide support. If that money is not going directly to provide these meals, what is the Minister’s answer?

[Baroness Barran (Con)]

The Minister’s answer is the same as when the noble Lord, understandably, challenged the Government on this quite recently. There are essentially two choices one can make. One is to give multiple smaller, specific handouts for particular issues. The other is to give funding to parents and allow the parents to choose how they wish to spend it. The Government believe in the latter.

[The Lord Bishop of Chelmsford]

My Lords, building on the question the noble Lord has just asked, research by the Joseph Rowntree Foundation has found that out of 3.9 million children living in relative poverty in the UK, only 2.3 million receive free school meals. Can the Minister say whether the Government intend to extend free school meals to all children from families receiving universal credit?

[Baroness Barran (Con)]

As I said in answer to an earlier question, the percentage of children receiving free school meals is at an all-time high. If one takes benefit-related free school meals and universal infant free school meals, over one-third of all pupils in this country—37.5% of pupils in state-funded schools—receive free school meals. The Government keep this policy under review at all times, but there are no current plans to extend free school meals to all those receiving universal credit.

[Lord Davies of Brixton (Lab)]

My Lords, to pursue the point on the advantages to children’s education of being well fed, this has been known for many years. Does that not lead inexorably to the conclusion that all children require a decent education, so we need to ensure that all children are well fed? It is not just about poverty relief; it is not just about nutritional standards; it is about ensuring that all children get a decent education.

[Baroness Barran (Con)]

This Government are absolutely committed to all children getting a decent education—but, as I said in response to the question from the noble Lord, Lord Storey, we believe that parents also understand that very well.

[Lord Weir of Ballyholme (DUP)]

Can I ask the noble Baroness whether there has been any examination by the Government of the approach taken to free school meals, and particularly schemes tackling holiday hunger, of the devolved regions, particularly in Northern Ireland by the Department of Education, which have proved successful in being able to provide a much more coherent approach to being able to assist children.

[Baroness Barran (Con)]

The Government obviously look at what happens in relation to these issues across all the devolved Administrations. We have a very targeted approach to supporting children during the holidays which addresses the longer school holidays when the pressure on families is greatest.

[Lord Brooke of Alverthorpe (Lab)]

Given that we now have the world-leading position of having the earliest onset of type 2 diabetes among our children, leading all countries in the world, whether you are having a free meal or not, what is the Government going to do about the quality of the meals being served, which are abysmal?

[Baroness Barran (Con)]

I would be interested if the noble Lord has specific examples of where he thinks schools are serving abysmal meals. I would be delighted if he shared that with the department, because the regulations are very clear and specific on quality. There is an element of flexibility for schools as to how they implement that, but the responsibility is clear, and my understanding is that it is being upheld.

[Lord McColl of Dulwich (Con)]

My Lords, does the Minister agree that it would be a good idea to concentrate on the content of these meals? In particular, could she use her influence to ensure that the meals contain the right kind of fat? When fat goes into the duodenum, it releases hormones that delay the emptying of the stomach and make one feel full earlier on, hence reducing the tendency to obesity—which is rather important in view of the fact that half the children in this country are obese.

[Baroness Barran (Con)]

My influence may not extend to duodenal fat levels, but I will do my best to support my noble friend. I would like to ask the House to share my impression of what is going on in many of our schools. I visited a primary school on Friday where they are bringing the kitchen into the classroom and are preparing healthy meals with children, building their awareness of both the content and cost of their meals; that is something that is very important for their futures.

[Baroness Chapman of Darlington (Lab)]

My Lords, of course that is very important, but is the Minister not ashamed that more families than ever cannot afford to feed their children properly—that family incomes, even where parents are working, are no longer enough to pay the bills? The Minister referred earlier to the holiday activities and food scheme. Last summer, 27 local authorities had only between 6% and 15% of their free school meal children going to one of these programmes. So what more is she going to do to make sure that the schemes that are up and running are taken up and reaching the people who need them?

[Baroness Barran (Con)]

Well, it is up to parents whether they want to send their children to free activities in the holidays—so, if they are not taking them up, that perhaps begs a slightly different question. Secondly—if the noble Baroness would bear with me—local authorities have the flexibility to offer the provision to up to 15% of children whom they know to be in need but may not be eligible for free school meals. But I remind the House that the Government have directed an overall package of £37 billion of support, of which £12 billion has been direct support in 2023-24 for the most vulnerable households in the UK.

Higher Education (Freedom of Speech) Bill

Baroness Barran Excerpts

3rd reading
Tuesday 13th December 2022 Lords Chamber

Moved by

[Baroness Barran]

That the Bill do now pass.

[The Parliamentary Under-Secretary of State, Department for Education (Baroness Barran) (Con)]

My Lords, let me begin by thanking noble Lords for their important contributions during all stages of the Bill’s passage through this House. As we have debated, freedom of speech is critical to modern society and is the lifeblood of our higher education sector. This Bill will establish new mechanisms for ensuring that freedom of speech is properly protected.

The discussions we have had since the Bill was introduced in this House have resulted in important clarifications, which we debated on Report last week. For example, we discussed the very definition of freedom of speech. I am pleased that we have introduced amendments which make clearer what we mean by that term, referring to Article 10(1) of the European Convention on Human Rights as it has effect in the UK. I am grateful to the noble and learned Lord, Lord Hope of Craighead, for spearheading the discussions on this point.

We have also addressed drafting problems to which noble Lords drew our attention. We have avoided inadvertently giving alumni the same protections as current students. We have also clarified that the new power given to the Office for Students to give guidance on supporting freedom of speech is not related to the duty on higher education providers and their constituent colleges to promote the importance of freedom of speech and academic freedom. I thank the noble Lord, Lord Wallace of Saltaire, and my noble friend Lord Willetts for their amendments in Committee that brought these issues to light.

We have also made a breakthrough on an important issue. Building on the progress made in the other place, we have agreed to ban the use of non-disclosure agreements by providers and colleges in cases of sexual misconduct, abuse or harassment, or other forms of bullying and harassment. I thank the noble Lord, Lord Collins of Highbury, for tabling this amendment, which the Government supported. Significant progress has been made in this area in the last year, with many institutions signing up to the voluntary pledge not to use NDAs launched by the previous Minister for Higher and Further Education, my right honourable friend Michelle Donelan, in conjunction with Can’t Buy My Silence. I am sure this amendment will be celebrated when this Bill is brought back for consideration by Members of the other place.

I turn now to the provision which has generated the most discussion: the tort. Last week, the House decided to remove the relevant clause from the Bill. The Government will naturally reflect on this verdict and the arguments advanced to support it very carefully indeed. Of course, I am disappointed that noble Lords were not persuaded by the government amendments, which we tabled to ensure that a person could bring a claim only if they had suffered a loss and that claims could be brought only after a complaint scheme had been used. I will not repeat the arguments in favour of retaining the tort, subject to those amendments, as they have already been rehearsed at some length. However, Ministers continue to believe that those arguments have genuine force and validity.

On Report, the noble Baroness, Lady Thornton, raised some remaining concerns about the new powers of the Office for Students and how they might impact on commercial partnerships of higher education institutions, in particular university presses. I hope the noble Baroness has received my letter. If it would be helpful, I would be more than happy to meet with noble Lords who remain concerned to clarify those points, as needed. The noble Baroness also asked whether the Office for Students could refuse to give evidence to, for example, the Education Select Committee. We have spoken to the Office for Students, which has reassured us that it would co-operate fully with requests from Select Committees.

As a latecomer to this Bill, I have been struck by the level of engagement with it. That means there is a long list of people to thank—perhaps too many to mention by name. There has been an extraordinary number of constructive and helpful contributions, both during our debates in the Chamber and in discussions outside it.

These have included the noble Baronesses, Lady Thornton, Lady Smith of Newnham, Lady Garden, Lady Morris of Yardley, and Lady Chakrabarti; the noble Lords, Lord Collins, Lord Wallace of Saltaire, Lord Triesman, and Lord Hunt of Kings Heath; my noble friends Lord Willetts, Lord Johnson, Lord Moylan, and Lord Sandhurst; the right reverend Prelate the Bishop of Coventry; and, last but definitely not least, the noble, and noble and learned, Lords on the Cross Benches: the noble and learned Lords, Lord Hope and Lord Etherton; the noble Lords, Lord Grabiner and Lord Macdonald of River Glaven; and the noble Baronesses, Lady Shafik, Lady Deech, Lady Falkner, and Lady Fox of Buckley.

There are many other noble Lords on all Benches whose speeches in debate have lent weight to our proceedings. While we may not have been in agreement on all these issues, I am heartened that the constructive debate heard in Committee and on Report has fostered a consensus in this House on the need for this Bill. I thank all of your Lordships for your engagement.

Lastly, I would like to express my profound gratitude to the stalwart members of the Bill team: Sophie Cahill, Jamie Burton, Vicki Stewart, Zoe Forbes, Samer Almanasfi, and last but definitely not least, Suki Lehrer. Throughout the last six months, they have provided nothing short of superlative support to me and to my ministerial colleagues, my noble friends Lord Howe and Lady Penn, and who have worked long hours, never without a smile on their faces—sometimes virtual, on Teams. Ministers, and indeed the House, are in their debt. I also express my personal thanks to my noble friend Lord Howe. In my words, he has definitely done the heavy lifting on this Bill with his professionalism, concern and extraordinary attention to detail, which are all well known in this House.

We send this Bill back to another place with, I hope, the same ambitions as when it reached your Lordships’ House. We need to support a higher education sector in which students and staff are free to speak their minds and engage in contentious debates. I believe that this Bill has the potential to make a crucial contribution to that aim, and I wish it well.

[Lord Wallace of Saltaire (LD)]

My Lords, I thank the Minister. I also thank the noble Earl, Lord Howe, for the way in which he handled Committee and Report on the Bill, and the various consultations. It was a model of how Ministers should engage. We had a very constructive process with the Bill, for which I am, and all of us are, very grateful.

This Bill was drafted by the last Secretary of State but five. It was eventually inherited by the current team in the Department for Education, with what I dare say was an element of surprise as well as interest: it was, after all, initially drafted almost entirely by Policy Exchange through a range of papers, and Policy Exchange had based its analysis very heavily on American as much as British sources. There were therefore oddities in the Bill, which I hope we have ironed out as we have gone through.

Many of us were very much concerned about the potential for this Bill to damage university autonomy and extend state authority, including Members on the Conservative Benches and others. There are a number of areas in which we have made considerable progress on the defence of freedom of speech. For many of us, there is the removal of civil tort, not simply the reduction of the weight of the civil tort on universities. That remains to be sorted out in the Commons. I hope that the current ministerial team will reflect very deeply on whether to insist on its own amendment or to accept the amendment which a substantial majority in this House produced.

There is also the outstanding issue of the appointment of the new free speech champion. I very much hope that the Government will take particular care in finding a candidate for that position who will be accepted—possibly even welcomed—by the sector he or she sets out to regulate.

Still outstanding is the question of the degree of overlap between what is set out in this Bill, the recent National Security and Investment Act and the current National Security Bill. All of them impose new duties and new reporting requirements on universities, some of which have not yet entirely been ironed out, particularly for the National Security Bill—I hope we will be able to do that as it proceeds through the House.

I thank in particular the noble Baroness, Lady Smith, and the noble Baroness, Lady Garden, who took the burden when I was away for part of Committee, as well as our team, including Sarah Pugh in our Whips’ Office. I know that the Bill team must have worked extremely hard throughout this. One recognises that civil servants are often not thanked enough for the criticisms they accept and the burdens they undertake.

Our universities are a huge national asset. They are an important part of our soft power in the world and a major source of our international income. We all need to be sure, as we have done in considering the Bill and as we look now at the National Security Bill, that we do not damage our universities in dealing with some of the problems and threats which they face, sometimes from their students, sometimes from visiting speakers, and sometimes from foreign powers, because they are such a large part of what makes this country very special.

--- Later in debate ---

[Baroness Bennett of Manor Castle (GP)]

My Lords, in the interests of balance I will speak very briefly. It is important to say that there is not conviction in all parts of your Lordships’ House that the Bill is, in its current form, in any way necessary. Attempts to address some of the attacks on freedom of speech—including the influence of commercial sponsors and funders in universities, the impacts of casualisation, and low pay and insecurity for academics—were not allowed into the Bill, so not everyone is convinced that the Bill should go forward.

[Baroness Barran (Con)]

My Lords, perhaps I can acknowledge that, in the spirit of free speech, we have heard different perspectives in our final remarks. I pick up on the description by the noble Baroness, Lady Thornton, of the collaborative spirit and cross-party working, which make us all so privileged to work in your Lordships’ House.

Bill passed and returned to the Commons with amendments.

Children’s Private Information: Data Protection Law

Baroness Barran Excerpts

Monday 12th December 2022 Lords Chamber

[Baroness Wilcox of Newport (Lab)]

On behalf of my noble friend Lady Chapman, and with her permission, I beg leave to ask the Question standing in her name on the Order Paper.

[The Parliamentary Under-Secretary of State, Department for Education (Baroness Barran) (Con)]

My Lords, the department takes the security of the data that it holds extremely seriously. At the time of the breach, it was already working closely with the Information Commissioner’s Office. The department has made significant, positive progress in improving its processes. The ICO has recommended in the reprimand notice that the department continue with its current improvement plans, and we will publish an update in early 2023.

[Baroness Wilcox of Newport (Lab)]

My Lords, I thank the Minister for her Answer, notwithstanding—for noble Lords who are not aware—that the Information Commissioner’s Office formally reprimanded the DfE for prolonged misuse of the data of 28 million students over a 16-month period. The department breached GDPR by allowing online gambling companies to use pupil information to build their age verification systems. The reprimand concluded that the processes put in place by the DfE were woeful. Can the Minister confirm how this happened, how the Government will prevent such a shocking breach happening again and whether they will apologise to the 28 million students affected?

[Baroness Barran (Con)]

I absolutely understand why the noble Baroness probes hard on this Question. The Government have made significant changes to their learner registration system, and those were noted by the Information Commissioner’s Office in its letter to the department in November this year. We previously did not have a centralised data protection function in the department. We were in the process of setting it up when we discovered this breach, and it is now in place.

[Baroness Deech (CB)]

My Lords, is the Minister fully aware of the damaging effect of data protection law on universities? It has been used, rightly or wrongly, to prevent universities getting in touch with students’ parents when they are in distress; it has been used to prevent the full publication of degree results, which opens the door to fraud. Does she agree that it is time to review the Data Protection Act and its damaging effect in those circumstances?

[Baroness Barran (Con)]

The noble Baroness will be aware that the Government have brought forward the Data Protection and Digital Information Bill, which was introduced in the Commons in July this year. We are committed to making sure that our data protection systems are fit for purpose, including in relation to the issues raised by the noble Baroness.

[Lord Scriven (LD)]

My Lords, the next scandal brewing is the use of facial recognition technology in schools and the department’s lack of a grip on this issue. Despite repeated requests from the Biometrics and Surveillance Camera Commissioner to have legal oversight of the ethical use of that technology in schools, the Government have refused to agree. Why is this loophole still there, and when will it be closed?

[Baroness Barran (Con)]

The noble Lord raises an important point. The safety of our children is of course fundamental and the department’s role in protecting them is vital. If I may, I will write to the noble Lord on the details of his question.

[Baroness Blower (Lab)]

My Lords, the organisation Defend Digital Me sets out that the DfE extended the possible distribution of identifying pupil-level extracts from the national pupil database when Michael Gove was Secretary of State. This was done

“to maximise the value of this rich dataset”.

On reflection, does the Minister believe that that was a mistake?

--- Later in debate ---

[Baroness Barran (Con)]

I do not believe that it was a mistake. If we look at any sector or industry, we see that the most successful use data intelligently, proportionately and safely. That is what the department intends to do.

[The Earl of Clancarty (CB)]

My Lords, how much information is the Home Office allowed to get from the DfE for immigration enforcement purposes?

[Baroness Barran (Con)]

I apologise; I am afraid that I will have to write to the noble Earl with the detail on that.

[Lord Harris of Haringey (Lab)]

My Lords, in her response to my noble friend, the Minister did not answer the key question. She told us the criteria that the department used for its use of data, but this was clearly the use of data to make money. Is that appropriate for a government department in respect of records that relate to children?

[Baroness Barran (Con)]

To be absolutely clear and for the avoidance of doubt, the department was not making money out of this. It was a previously legitimate user of the department’s data which changed its business model and breached its contract with the department to sell the data.

[Baroness Altmann (Con)]

My Lords, does my noble friend agree that we should be grateful that the department is now taking this matter seriously? I urge her to make sure that this is dealt with as speedily as possible; I know that she would like that to happen as well.

[Baroness Barran (Con)]

My noble friend is right. I would stress that, unsurprisingly and rightly, the department took this breach extremely seriously. It was proactive in raising it with the Information Commissioner’s Office and has a very active programme of work but, in relation to the recommendations from the Information Commissioner, the vast majority of them are completed and the rest are on track.

[Lord Scriven (LD)]

For the record, the Minister has just said from the Dispatch Box that the problem arose because the company changed to a different business model. Is it not correct that the Information Commissioner’s Office pointed out that the reason this happened was not that the change took place but that the department had no oversight of third-party use of that database?

[Baroness Barran (Con)]

I am not sure that the Dispatch Box is the ideal place to go through the line-by-line analysis. The noble Lord is right that the way that the department’s contracts were set up at the time did not give the same recourse if the terms and conditions of a contract were breached by a third party. That has now been changed.

[Baroness Chakrabarti (Lab)]

My Lords, I find this whole saga staggering. It should give serious pause for thought to anyone who does not think that data protection and personal privacy matter. When the Minister replies in writing to the noble Lord’s earlier question about facial recognition technology, will she include in that response, and perhaps place a copy in the Library, an answer as to whether CCTV cameras on school premises are provided by Hikvision or any other Chinese companies?

[Baroness Barran (Con)]

I would be delighted to add that information.

[Baroness Blower (Lab)]

My Lords, again according to the organisation Defend Digital Me, the ICO found that the DfE’s policy on records was

“designed to find a legal gateway to ‘fit’ the application”.

If the Minister recognises that, can she say that it simply will never happen again?

[Baroness Barran (Con)]

I tried to be clear that the department has made very significant changes in its approach to data protection and privacy in relation to our internal systems and processes, to our communication with data subjects about their privacy, and to the culture of the department and the training and support that we put in place for colleagues.

[Lord Watts (Lab)]

Are the people who oversee this new model the same as those who oversaw the previous one? Where is the accountability in the system? What happened to those people, who should have known better and should not have let this happen?

[Baroness Barran (Con)]

My understanding is that we relied on an existing advisory service at the time of the data breach and that those functions have now been brought in house. We have a dedicated data protection officer, who sets policy for the whole department.

[Lord Harris of Haringey (Lab)]

My Lords, can the noble Baroness expand on this third-party provider who changed their business model? How many contracts does that third party have with government in respect of other aspects of data?

[Baroness Barran (Con)]

My understanding is that that third-party provider is no longer trading.

[Lord Hunt of Kings Heath (Lab)]

My Lords, can the noble Baroness confirm that a senior official on the board of the department, at Permanent Secretary or director-general level, was responsible for what happened? What action was therefore taken?

[Baroness Barran (Con)]

I have tried to explain to your Lordships that we did not have a centralised data protection function at the time of this breach. As a result, different teams had different policies across the department. That is no longer the case.

Independent Review of Children’s Social Care

Baroness Barran Excerpts

Thursday 8th December 2022 Lords Chamber

[The Parliamentary Under-Secretary of State, Department for Education (Baroness Barran) (Con)]

My Lords, I join other noble Lords in thanking the noble Lord, Lord Watson, for securing this extremely important debate. I also welcome the noble Baroness, Lady Taylor of Stevenage. I do not think I have been in a debate with her before, so I welcome her to her place. I echo others in congratulating the noble Baroness, Lady Blake, on her part in the remarkable turnaround of Leeds children’s services in achieving an outstanding rating. I thank the noble Baroness, Lady Tyler, for her part in leading the post-legislative scrutiny committee and its work on the Children and Families Act 2014. With great respect to my noble friend Lord Balfe, I am grateful for his wisdom and insight relating to his own experience of the care system. Finally, I need to make the same declaration as the noble Baroness, Lady Taylor, as my mother was also a children’s social worker, so we understand that side of life.

We have had three very important reviews—from Josh MacAlister, the national panel, and the Competition and Markets Authority. As the noble Lord, Lord Watson, said, those reviews and reports give us a burning platform for reform, and I agree that they have brought a renewed spotlight on vulnerable children, and rightly so. But they also show that, despite the extraordinary work of social workers past and present, children and families with experience of the system show that it is not delivering consistently enough for those who really need and deserve it. That is why reforming children’s social care is a priority for this Government, and integration will be at the heart of that.

The noble Baroness, Lady Morris of Yardley, anticipated that we are already starting to take action in response to those reviews. I felt that she was perhaps a bit dismissive of some of this and anxious that it would not be followed through. I reassure the House that my right honourable friend the Children’s Minister is absolutely committed to seeing this through with great effect.

We have established a national implementation board to drive reform, and we have set up a new child protection ministerial group to ensure that safeguarding is championed at the very highest levels across government to drive the kind of integrated policy that all of your Lordships have rightly called for and discussed today. We launched a data and digital solutions fund to help local authorities unlock progress for children and families through the better use of technology. Importantly, we are developing recruitment and retention campaigns to increase the number of foster care placements, working closely with local authorities.

We absolutely recognise that these actions are just the beginning. The Independent Review of Children’s Social Care calls for “whole system” transformation, which is why we are developing an ambitious and comprehensive strategy for implementation that responds to those reviews, which will be published early in the new year. I know that your Lordships will understand that, as a new Minister who takes her role incredibly seriously, the Children’s Minister wants to understand and be completely confident in the actions that we are taking. I beg noble Lords’ patience on many of their questions on the detail of what we will do. It will not be long until that strategy is published, and it will include a number of the areas that your Lordships queried, including all of the options around kinship care that the noble Baroness opposite and others raised.

The noble Baroness, Lady Blake, asked me to exert any previous experience that I have. I absolutely assure the House that, wherever I possibly can, I will of course bring that.

On our vision of the future, the care review contends that, with the right support, families are the best means of protecting and nurturing children, and the Government wholeheartedly agree with that. Our ambition for reform will reaffirm the central role of families in the care system and put love and stable relationships at the heart of what children’s social care does. The noble Baroness, Lady Armstrong, highlighted this ambition—this is, as noble Lords know, an important and challenging ambition.

On families, children’s social care services play an important role in promoting safe, stable and resilient families, and they should be enabled to provide effective integrated support to help families overcome the multiple and complex problems that many face, before they escalate. Importantly, the shift in the balance from late-stage crisis intervention to preventive, earlier intervention makes moral, human and emotional sense, but it also makes economic sense, as we heard. The noble Lord, Lord Wood of Anfield, asked whether multiagency work would be an important part of that—of course it will be.

A second priority for the Government is strengthening the child protection system. The awful murders of Arthur Labinjo-Hughes and Star Hobson made us once again confront the terrible reality of child abuse. We owe it to every child to have strong and effective child protection arrangements that help keep them safe from abuse, neglect or exploitation, whether it is inside or outside their homes. We need a child protection system that intervenes quickly and decisively through a more expert, multiagency child protection response. Integration is critical to that, including that of local authorities, police, health, charitable organisations and others.

Thirdly, when children cannot be looked after safely by their parents, our first port of call should be to support the wider family network to step up wherever possible. At the moment, as your Lordships have set out, there are practical, financial and cultural barriers to this which need to be addressed. Finding care for a child within their family network gives them a much better chance to achieve the lifelong stability and network of loving relationships which sustain all of us. As your Lordships have articulated so eloquently, kinship care is a vital part of that.

All the recommendations in the MacAlister review around kinship care are being carefully considered. Just to be clear about what we have already committed to doing, the Ministry of Justice has made a public commitment to extend legal aid entitlements to special guardians in private court proceedings, which is a partial implementation of the care review’s recommendation in this area, and we are working with the MoJ to make that change as quickly as possible. We have also made early progress in investing in the current financial year and next year in a partnership with the charity Kinship to establish more than 100 peer support groups for kinship carers across England.

The noble Baroness, Lady Blake, asked about recruitment of foster carers. As I mentioned, we are working on a recruitment campaign with local authorities to recruit more carers. In relation to the care system itself, where family is not an option, the care system should provide stable and loving homes. We are committed to making sure that there are more places for children to live of the right kind, quality and location to meet our children’s needs. We are determined to set and deliver ambitious missions for children in care and care leavers, covering our aspirations for their loving relationships, health, education, employment and housing.

The noble Lord, Lord Watson, and the noble Baroness, Lady Chapman, asked about children living in independent and semi-independent provision. There are cases where high-quality supported accommodation can be the right option for some older children, but we also know that some of that provision is not currently good enough, which is why Ofsted will be regulating and inspecting all provision for looked-after children from next autumn.

We are also providing £99 million of funding to local authorities to increase the number of care leavers who stay living with their foster families in a family home up to the age of 21 through the Staying Put programme. We have provided £36 million to increase the number of young people who, when they leave residential care, receive practical help with move-on accommodation, including ongoing support from a keyworker through our Staying Close programme.

The noble Lord, Lord Watson, and other noble Lords raised the importance of the children’s social care workforce. I echo the appreciation and acknowledgement of other noble Lords of the extraordinary work that social workers and others in the children’s social care system do. But we also know that they need support to be empowered and freed up to do the job that is so critical for our children’s lives.

Over the current spending review period, we will invest more than £50 million every year to recruit, train and develop child and family social workers to make sure that the workforce has the capacity, skills and knowledge to support and protect vulnerable children.

The noble Lord, Lord Watson, and the noble Baronesses, Lady Taylor of Stevenage and Lady Tyler of Enfield, asked about funding for local authorities. I am sure other noble Lords also asked about this, so forgive me for those I did not note down. Your Lordships will be aware that the Government announced that approximately £6.5 billion will be made available to local government to deliver core services, including children’s services, in 2023-24 and in 2024-25, in addition to what was agreed for local government in the 2021 spending review.

Early intervention, focused on by many noble Lords, including the noble Baronesses, Lady Drake and Lady Armstrong of Hill Top, and my noble friend Lord Farmer, is of course critical. It is really helpful to have had the example of Leeds and how expenditure there was recalibrated to focus on early intervention. I appreciate that that is an easy thing to say and an incredibly difficult thing to execute, but it is helpful to have those examples to give confidence to the system that it can be done.

We have announced over £1 billion for programmes to improve family services, including for family hubs, the Supporting Families programme and the Start for Life programme. I know that the noble Baroness, Lady Drake, talked about being sceptical and anxious—I think they were her words—about these pledges. As I say, I have every confidence in my ministerial colleagues and their focus on this—apparently, I have only two more minutes, so I apologise: I will have to write to your Lordships.

My noble friend Lord Farmer asked about how the department was using its own evidence and how we can scale up successful programmes. I absolutely agree with my noble friend about the importance of this. We are committed to scaling up programmes that work. One example is the £84 million Strengthening Families programme, which is scaling up well-evidenced programmes across 17 local authorities.

In relation to excessive profits of independent providers, we are absolutely clear that we need to avoid profiteering from any provider, and the key to this is growing capacity in some areas. That is why we are supporting local authorities to expand their provision and reduce reliance on the private sector.

I would just like to finish with the words that my honourable friend the Children’s Minister in the other place used in closing a debate in November. She said that

“this is a programme for a long-term, once in a generation reform. We will start by laying the foundations for a system that is built on love and the importance of family.”—[Official Report, Commons, 24/11/22; col. 539.]

In quoting that, I am reminded of sitting outside my mother’s office as a child after school. I would wait for her to finish work—which never seemed to happen—and look at the pictures that the children she worked with had drawn of their families. Those pictures will live with me for ever.