195 Baroness Barran debates involving the Department for Education

Mon 23rd May 2022
Schools Bill [HL]
Lords Chamber

2nd reading: Part one & Lords Hansard - Part one
Mon 23rd May 2022
Schools Bill [HL]
Lords Chamber

2nd reading: Part two & Lords Hansard - Part two
Mon 23rd May 2022
Thu 7th Apr 2022
Skills and Post-16 Education Bill [HL]
Lords Chamber

Consideration of Commons amendments & Consideration of Commons amendments

Schools: Biometric Technologies

Baroness Barran Excerpts
Monday 6th June 2022

(1 year, 11 months ago)

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Lord Scriven Portrait Lord Scriven
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To ask Her Majesty’s Government what assessment they have made of the adherence of schools to Chapter 2 of the Protection of Freedoms Act 2012 when implementing biometric technologies.

Baroness Barran Portrait The Parliamentary Under-Secretary of State, Department for Education (Baroness Barran) (Con)
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My Lords, the decision to use biometric technology rests entirely with individual schools, which must ensure that the use of biometric data complies with all relevant legislation. We provide guidance, making clear that schools must comply with the law when implementing biometric technologies, including the Data Protection Act, the UK GDPR and the Protection of Freedoms Act.

Lord Scriven Portrait Lord Scriven (LD)
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Facial recognition technology is now used in classrooms to monitor children’s mood and engagement, despite some parents objecting. The biometric regulator has no powers to enforce compliance with the law in schools and the department does not even monitor the use of this technology. Why are the Government taking this approach, allowing private companies’ marketing departments to determine the parameters of our children’s civil liberties and privacy in the classroom?

Baroness Barran Portrait Baroness Barran (Con)
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The Government have extensive legislation in relation to the individual’s rights for their own data, particularly highly sensitive data such as biometric data. The Government have been clear that live facial recognition technology is not appropriate in schools and colleges.

Baroness Chapman of Darlington Portrait Baroness Chapman of Darlington (Lab)
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Some 65% of transactions are now cashless in schools, using biometrics, so the idea that we can turn the clock back is unrealistic. However, it is clear that schools must have confidence that these systems work, and there is a complex legal framework around the use of these technologies. Does the Minister think that it would be helpful to schools to have some crisp, clear guidance, so that these systems can be used safely and with parental confidence?

Baroness Barran Portrait Baroness Barran (Con)
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The noble Baroness is right. The department is working on the guidance and is aware that it needs updating. I am expecting it to be updated very soon. There will be some important changes within it, particularly in relation to the use of live facial recognition technology.

Baroness Chakrabarti Portrait Baroness Chakrabarti (Lab)
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My Lords, the Minister quite rightly spoke about data protection. Do the Government agree that this is not just about the individual’s data but about their dignity as well? Is this the way we should be softening up our young people for treatment by corporates coming out of China or anywhere else in the future?

Baroness Barran Portrait Baroness Barran (Con)
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The Government are not softening up our children. The use of biometric data in schools requires explicit consent from both parents of a child, and the child themselves can overrule that, should they wish.

Lord Clement-Jones Portrait Lord Clement-Jones (LD)
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My Lords, from what the Minister has said today, it is clear that, despite promises, no new guidance has been produced since 2018, the Government have no means of ensuring compliance with that guidance and they have very little information about the use of this technology in schools. From that, can we conclude that this Government are washing their hands of virtually any responsibility for the deployment of this technology?

Baroness Barran Portrait Baroness Barran (Con)
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The Government are clearly not washing their hands; there are very clear procedures which schools must follow if they want to introduce this technology and very clear procedures which must be followed if a breach takes place.

Lord Flight Portrait Lord Flight (Con)
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My Lords, for what purposes are biometric technologies used in schools?

Baroness Barran Portrait Baroness Barran (Con)
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There are a range of purposes. One, as the noble Baroness, Lady Chapman, mentioned, is in relation to payment; another is access to libraries, where fingerprinting is often used. They are also used in order that children accessing free school meals do not have a separate payment system and are not stigmatised and their dignity is not affected.

Lord Scriven Portrait Lord Scriven (LD)
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Why will the Government not allow the Biometrics Commissioner to be the regulator of schools? The commissioner has asked for that, and the Government have so far refused. Why are the Government refusing a regulator to ensure that the rules and regulations that the Minister keeps referring to are being adhered to by every school in this country?

Baroness Barran Portrait Baroness Barran (Con)
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There is already a regulator. The Information Commissioner’s Office regulates this area and, if the noble Lord would let me respond, the key statutory functions of the Biometrics Commissioner are explicitly to keep under review the retention and use of DNA and fingerprints by the police.

Safeguarding of Young Children

Baroness Barran Excerpts
Tuesday 24th May 2022

(1 year, 11 months ago)

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Lord Laming Portrait Lord Laming
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To ask Her Majesty’s Government what steps they are taking to improve the safeguarding of young children against abuse and death caused by adult members of their household.

Baroness Barran Portrait The Parliamentary Under-Secretary of State, Department for Education (Baroness Barran) (Con)
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My Lords, every child should grow up in a stable, loving home but, in rare circumstances, children are harmed by those who should protect them. We have commissioned the Child Safeguarding Practice Review Panel to make recommendations about how local and national safeguarding practice should change to protect children in future, and the panel reports on Thursday this week. We will carefully consider its recommendations, alongside the reforms in the care review, with an ambitious and detailed implementation strategy later this year.

Lord Laming Portrait Lord Laming (CB)
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My Lords, I am very grateful to the noble Baroness, who has vast experience in these matters, but does she agree that, in these absolutely awful cases, there are three consistent features? The first is that the child was not hidden away but was known to the services; the second is that the dysfunctional nature of the family was known; and, thirdly, opportunities to protect the child had been missed in each case? In these circumstances, will the Government send a letter to each of the key frontline services, reminding them of their duties in law to safeguard children at risk and to work together, sharing information which is vital to the child’s needs?

Baroness Barran Portrait Baroness Barran (Con)
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The noble Lord is absolutely right. I remember in a former role publishing research on this entitled In Plain Sight, about abuse of children, so I entirely recognise the issues he raises. He will remember that Ministers from the DfE, the Home Office, and the Department of Health and Social Care wrote to all chief constables, local authority chief executives and clinical commissioning groups’ accountable officers at the end of last year, reminding them of their duties in this regard. We are absolutely clear on the importance of this, both locally and in central government.

Baroness Chisholm of Owlpen Portrait Baroness Chisholm of Owlpen (Con)
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Does my noble friend agree that one way that safeguarding can be helped is through the family hubs? I seem to keep mentioning family hubs in this Chamber, but I should be interested to know where we are with them. If there are still only the pilot schemes, can we roll them out further throughout the country? They will be a one-stop place where people can go to get help.

Baroness Barran Portrait Baroness Barran (Con)
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My noble friend is right, and we absolutely intend, through the almost £302 million we are investing in Start4Life and family health services across 75 local authorities in England, to achieve what my noble friend describes. Yesterday, we announced seven local authorities that will be receiving transitional funding. We will also be carrying out a thorough evaluation and have a national centre for sharing best practice.

Lord Cunningham of Felling Portrait Lord Cunningham of Felling (Lab)
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My Lords, there was a very similar case during my time as the Member of Parliament for Copeland, in which a child, a small boy, was murdered by his stepfather. I know that that is not always the case, but it frequently is. I regret to say that successive Governments—Labour, Conservative and even, I may say, coalition Governments—have not grasped this problem. It may be that from the report to which the noble Baroness just referred, we will have some further recommendations about action but, until this problem is resolved, we might as well say that social services are not doing their duty. They are not protecting children in anything like the necessary way to prevent these terrible events. I hope the Minister will report to the House in due course about the report, and then perhaps we can see some progress.

Baroness Barran Portrait Baroness Barran (Con)
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We will be debating the report in your Lordships’ Chamber later this afternoon, but I would say that social workers have some of the hardest jobs in this country and we thank them for everything they do. We continue to invest in those services to address the terrible cases such as that to which the noble Lord refers.

Lord Singh of Wimbledon Portrait Lord Singh of Wimbledon (CB)
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My Lords, the safeguarding of young children is yet another important social concern alongside violence against women, racism in the police and youth crime. They are simply surface sores of an underlying social malady. Does the Minister agree that the long-term solution to such problems is a much greater emphasis in schools on the other three Rs; namely, right, wrong and responsibility?

Baroness Barran Portrait Baroness Barran (Con)
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I am sure that the noble Lord’s suggestion may be part of the solution, but to expect any single thing to resolve these difficult and complex problems will not be sufficient, hence the more comprehensive approach that we are taking.

Lord McNally Portrait Lord McNally (LD)
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My Lords, when I became a Minister with some of these responsibilities more than a decade ago, my noble friend Lady Walmsley gave me two pieces of advice. First, she said, “Always remember that social workers do not murder children, although they sometimes get the opprobrium when something wrong happens.” The other piece of advice was that the interest of the child comes first.

With that as a background, last year, Emily Dugan, the social affairs correspondent at the Sunday Times, ran a series of articles about mistakes being made through either misdiagnosis or misinformation where children were taken away from families with traumatic results. Will the report that we are expecting on Thursday cover this element, because it causes problems for the families affected and puts additional burdens on social workers instead of concentrating on the children in real danger?

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Baroness Barran Portrait Baroness Barran (Con)
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The report on Thursday will focus on the tragic deaths of Arthur Labinjo-Hughes and Star Hobson and the lessons to be learned from them.

Baroness Armstrong of Hill Top Portrait Baroness Armstrong of Hill Top (Lab)
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I know that this Minister knows of the importance of voluntary organisations in working with the most disadvantaged, and sometimes the most vulnerable, families. Is she aware, and has she made the review aware, that there are too many examples of the voluntary sector being excluded and not involved in plans for the future of the family and the child once the issue has been referred to safeguarding? This cannot continue. It increases danger for the most vulnerable children.

Baroness Barran Portrait Baroness Barran (Con)
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Obviously I cannot comment on what will be in the review on Thursday, but in the care review led by Josh MacAlister there is a particular focus on independent domestic violence services.

Baroness Watkins of Tavistock Portrait Baroness Watkins of Tavistock (CB)
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My Lords, can the Minister comment on the shortage of health visitors in many parts of the country and the reduction in investment in them? In the past, they have been absolutely key in identifying at-risk families early and preventing long-term abuse.

Baroness Barran Portrait Baroness Barran (Con)
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The noble Baroness is right: health visitors play an incredibly important role in identifying families that need support and children at risk. I know that my colleagues in the Department of Health and Social Care are looking at this as part of the wider workforce strategy.

Baroness Chapman of Darlington Portrait Baroness Chapman of Darlington (Lab)
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My Lords, the Minister is absolutely right to say what she just said, so does she regret the closure of 1,300 Sure Start centres?

Baroness Barran Portrait Baroness Barran (Con)
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Our focus is on getting effective multiagency support for children, hence our investment in family hubs and all the support that goes with them.

Baroness Walmsley Portrait Baroness Walmsley (LD)
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My Lords, is the Minister aware that both Scotland and Wales have banned parents and carers from hitting their children? Is she interested to know that, when I had a meeting with the Minister responsible for this area in another place to ask why England is not considering doing the same, she told me that she was working incredibly hard and that this was not at the top of her to-do list? In the light of some of the most recent dreadful reports, does the Minister think it might have gone up her list of priorities?

Baroness Barran Portrait Baroness Barran (Con)
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I cannot comment on another Minister’s priorities. What I can say is that this Government are prioritising the safety and well-being of children so that they should all thrive throughout their childhood.

Independent Review of Children’s Social Care

Baroness Barran Excerpts
Tuesday 24th May 2022

(1 year, 11 months ago)

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Lord Storey Portrait Lord Storey (LD)
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My Lords, we too very much welcome this review and thank all those involved in presenting it to us. I associate my remarks with all those people involved in working with children and families at all sorts of levels; they do an amazing and fantastic job.

The Independent Review of Children’s Social Care provides an opportunity to unlock potential for recognising that loving relationships and supporting kinship networks lead the way to sustainable and ideal solutions for children in social care. Her Majesty’s Government’s response focuses on providing foster carers and social workers with more support but does not address the supporting of children themselves. This review is a wake-up call to Ministers who, after a series of reviews, must finally address the scale and severity of the challenge to provide adequate support to those who rely on us. The report recommends injecting a minimum of £2.6 billion into the care system over the next four years. Will the Minister reassure us that the Government will commit to this kind of important investment?

The Government’s response so far does not address the discrepancy between care-leavers and the continuing success of the individual throughout their life. Every child, no matter where they live or what their circumstances, deserves a great start in life so that they can have the support, relationships, skills and knowledge needed to succeed. We on these Benches believe in young people being allowed to stay in care until the age of 25, as well as increased financial resources through expanding the bursary for those leaving care from £1,000 to £2,000, access to mentors and support networks. We champion bridging the gap between care and a fulfilling adult life in a way that current government policy does not meaningfully address.

Furthermore, Her Majesty’s Government’s proposed policy places the onus of finding care providers for vulnerable young children on the relevant local authority while underfunding those very same councils. The providers in the private sector are charging exorbitant rates—£4,000 a week—for inadequate care, knowing full well that there is a shortage of care providers. The predictable outcome is that the authority finds care from the lowest bidders, often unregistered providers with no quality assurance of care.

Young people are the future of our nation. How can we be content to allow such a situation to continue? Can the Minister give an assurance that the Government will stop these vulnerable children and young people going into inadequate, unregistered care provision? We welcome many of the review’s recommendations, including a renewed emphasis on supporting families, financial allowance to parental and kinship carers at the same rate as foster carers, and providing parental leave to kinship carers. This will support our nation’s most vulnerable young people while allocating funds towards those who are best able to support them.

Without the resources and proper structures of support, children will continue to be placed in unregistered care situations, which can of course be incredibly harmful. It is of paramount importance to use this report as a springboard for sustainable and meaningful change for those who deserve a safe and purposeful upbringing.

We talk about levelling up but, if we are actually to make any meaningful changes, we need to deal with the root causes of what these children and families often find themselves in. It is about making sure that we tackle poverty and provide the best educational opportunities. It is about making sure that families in the most disadvantaged communities are supported.

Finally, I remind the House that we have a Select Committee looking at the Children and Families Act, chaired by my noble friend Lady Tyler. Many of these issues are being discussed in that Select Committee, so I welcome that opportunity as well to highlight these important matters.

Baroness Barran Portrait The Parliamentary Under-Secretary of State, Department for Education (Baroness Barran) (Con)
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My Lords, I thank the noble Baroness and the noble Lord for their remarks. As a Government, we absolutely acknowledge that the children’s social care system needed a fundamental report. That is why we commissioned this independent, broad and bold review. We will be publishing an ambitious and detailed implementation strategy later this year that will deliver for our most vulnerable children. The noble Baroness asked for a timeline on that; we can be clear that the implementation plan will be published before the end of the year.

Obviously, a lot of work is already ongoing within government but, in response to the review, we have been clear about three key priorities that we want to focus on initially: first, to improve the child protection system so that children are safe; secondly, to support families to raise their children so that they thrive; and finally, for those children who need to be placed in local authority or foster care, to have the right placements in the right places and in a timely way. On Monday we announced plans to establish a national implementation board, which will challenge us to achieve the best for our children. One of the strengths of this review, as I am sure all noble Lords will agree, was the incredible contribution from people with lived experience of the care system. We commit to ensuring that their voices are also represented on that national implementation board.

We are prioritising work with local authorities to recruit more foster carers, which we think can make a real difference in the short term, and to support social workers, particularly early in their career, and give them additional focus on child protection given its key role in their work. We are developing a national children’s social care framework, which will set out a clear direction for the system and provide an evidence base for all those working in the sector. Finally, we are introducing a new digital and data solutions fund, which will help local authorities to improve delivery for children and families through technology.

The noble Baroness, Lady Chapman, commented on the pressures that the social workforce faces. I do not question for a second that those are very real, but I remind the House that the number of social workers has increased by 14% since 2017 to 32,500. One of the points noted in the report was that the average caseload has come down slightly. We are not arguing that every case is the same, but the figures are going in the right direction.

The noble Baroness asked whether we were planning legislation. In response to her question and that of the noble Lord, Lord Storey, about our commitment to funding additional services, I say that we need to wait and see what the implementation panel recommends. We will respond to its recommendations but taking real care with implementation is crucial, because your Lordships will all know very well of examples where implementation has not delivered on the aspirations within such reports.

Both the noble Baroness and the noble Lord referred to the situation with children’s homes. This Government are absolutely not against companies making a profit, but we are absolutely against profiteering, which I think was the phrase the noble Baroness used. We are putting funding into local authorities now so that they can expand their provision as quickly as possible while we look at some of the longer-term structural issues raised in the Competition and Markets Authority review as well as the care review.

In relation to unregulated provision for children in care, we are investing over £140 million to introduce new standards and Ofsted-led registration inspections for supported education to ensure that young people are safe and have the high-quality living arrangements that they deserve.

The noble Lord also referred to support for care leavers. We are providing £172 million over the next three years to support care leavers as they transition to independence, with better move-on accommodation and practical and emotional support from a personal adviser.

Both the noble Baroness and the noble Lord rightly challenged the Government on how we will implement this. There is real commitment and ambition to try to address some of the tragedies which we have heard about all too often in this House, and the systemic issues that we face in the child protection and care system. We look forward to working with all noble Lords across the House in our attempts to do this.

Lord Laming Portrait Lord Laming (CB)
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My Lords, this is a most important report, and we are grateful for the points the Minister has already made. I commend the Government on commissioning this review. and congratulate Josh MacAlister and his team on producing what I regard as an inspiring report because it focuses so much on the needs of children and families.

By any standards, this is a substantial document, and it will repay very careful study by all of us. The strength of the report is the way in which it focuses unrelentingly on children and families who could and should have been helped through difficult periods in their lives. Too often in recent years, these children and families have had to fit in with the needs of the services—not their needs, yet these very services were created to meet the needs of the children at risk. This is despite the legislation making it clear that the well-being of the child is of paramount importance, and we must hold on to that.

During the last decade, as has already been mentioned, we have witnessed a remarkable reduction in family support and preventive services. I am told that even when a child and family have been identified as being in difficulty and have been referred to the appropriate services, it has sometimes been decided that the crisis is not yet sufficiently serious and therefore they have been denied the opportunity for support and help at that critical time.

Today, we have a crisis-driven set of services. In other words, they wait for the crisis to be apparent before they react. That is contrary to what the legislation and all the practice guidance says. No wonder, therefore, that there has been a large increase in the number of children coming into state care. This report gives us the opportunity to reverse that process. I am very pleased that the decision has been taken to establish a national implementation board and I wish it great success.

I will end with a quote from the report, which I hope will stay with us:

“This moment is a once in a generation opportunity to reset children’s social care”.


I hope the Minister will show the House that she and other Ministers will do everything possible to ensure that this report is fully implemented. I commend the report.

Baroness Barran Portrait Baroness Barran (Con)
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I am sure that I am not the only person in this House who has been inspired by the noble Lord’s work over decades, and I thank him deeply for that and for the leadership and hope he brings in this area. I will pass on his remarks to my colleagues in the department.

I would say two things in response to his reflections. First, investment in preventive services is absolutely critical and we will be reviewing that in detail. Secondly, we also need to push ourselves to understand the local authorities prioritising those services, how they are making that work and how we can replicate that across the country. The noble Lord will be familiar with the Hertfordshire family safeguarding model; there are other early intervention models in Leeds and other places around the country. We want to understand those too so that we can act on evidence of what actually works in practice. On the commitment from the Secretary of State and the ministerial team, I cannot underline strongly enough how passionately we aim to address this.

Baroness Armstrong of Hill Top Portrait Baroness Armstrong of Hill Top (Lab)
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My Lords, I too thank Josh MacAlister, his team and all the people from within the system he worked with. Josh came to the Public Services Committee, which I chair, as part of giving evidence in our review of vulnerable children.

There are so many things I want to put to the Minister today. Maybe she can help me get a debate on the Floor of the House on our report, and then I will not feel as if I am short-changing the vulnerable children I want to argue for. I will concentrate on one issue only: how do we prevent children having to go into the system? However good it normally is, children suffer when they go into the care system. Our committee uncovered that, since 2010, £1.7 billion a year has been cut from early intervention and prevention services. That was largely for two reasons. First, the overall money going in, particularly to local authorities—whether for children’s centres, youth work or other prevention programmes—was under pressure. Secondly, because they were not statutory responsibilities, authorities shifted the money to the statutory responsibility for looked-after children. Therefore, children have become older as they enter the system. I can tell noble Lords that difficult adolescents are much more difficult to deal with than very young children. Will the Government introduce a system which will ensure that money can go to early intervention and prevention services for the long term and will not be allowed to be switched into crisis work?

Baroness Barran Portrait Baroness Barran (Con)
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The noble Baroness is absolutely right to focus on how we prevent children needing to go into the care system or, indeed, needing a social worker at an earlier stage. I highlighted the Secretary of State’s three priorities in response to this report, the second being supporting families to raise their children effectively, happily and in a way that enables them to thrive. One of the strengths of the report is its emphasis on relationships and whether the immediate family—or the wider family—can provide those stable relationships, and how we can create them. As the report uses the term “relentlessly focused”, we must ask: how do we have a relentless focus on those relationships?

We will follow up on all those issues, but in the meantime—we were pleased that Josh MacAlister acknowledged the value of the programme—as we announced in April, we will back the supporting families programme with an additional £695 million over the next three years, which will support 300,000 families to provide the safe and loving homes their children need, as well as other investments in family hubs and other early intervention.

Lord Bishop of Carlisle Portrait The Lord Bishop of Carlisle
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My Lords, as we have already heard, much is to be welcomed in this review, which clearly has the needs of vulnerable children and young people right at its core. The emphasis on boosting early help to prevent children reaching a crisis point is crucial. I am most grateful for the confirmation we have been given that a detailed implementation plan will soon be forthcoming, with the views and voices of children and young people firmly at its centre. I am also grateful for the comments already made by the Minister about investment in the action plan and implementation. Does she agree with me that, should any further encouragement be needed on investing properly in implementation of early intervention, proper investment should also lead to significant savings in the longer term?

Baroness Barran Portrait Baroness Barran (Con)
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The right reverend Prelate’s final point is right; Josh MacAlister’s review has set out very clearly the scale of the challenge we face and has worked through the financial impact of getting this right. However, none of us is in any doubt that our primary focus is getting it right for children.

Baroness Sanderson of Welton Portrait Baroness Sanderson of Welton (Con)
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My Lords, I also welcome this review and its focus on supporting families earlier in the process. To echo an observation made by the author and journalist Polly Curtis, the word “love” was used 42 times in this review and “loving” 50 times. As she says, this is pretty radical for a set of formal proposals. It is most welcome, because is that not what the system is for—making sure that children are loved and cared for when their parents cannot take on that role? As has been mentioned, kinship carers play a fundamental part in this, so will my noble friend reassure us that, as the review proposes, there will be increased legal, practical and financial support for kinship carers to match the scale of what is offered to foster carers and adoptive parents?

Baroness Barran Portrait Baroness Barran (Con)
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My noble friend is right to pick up on all the “love” and “loving” in the report. Kinship carers are an incredibly important part of providing that to children, and I send them my thanks for everything they do. The department already works with the charity Kinship and supports it in creating more support groups for kinship carers. There are some very important recommendations in the report and I can absolutely say to my noble friend that we will consider each of them and they will be part of our report at the end of the year.

Baroness Finlay of Llandaff Portrait Baroness Finlay of Llandaff (CB)
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My Lords, following on from the question just asked, do the Government recognise the need for a legal definition of kinship care? It should be in legislation, because that will improve the rights of these very important family members who take on the care, often in extremely difficult circumstances, of very traumatised children. Will the Government also consider the recommendation from the Royal College of Paediatrics and Child Health that there is a need for a single unique identifier so that, as the noble Lord, Lord Laming, said, rather than responding to crises, there is an ability to respond to early warning signs? Several yellow flags will add up to a really screaming red flag if they are left to develop.

Baroness Barran Portrait Baroness Barran (Con)
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In relation to the noble Baroness’s first point, I can only say that all those issues, including whether the definition should be covered in legislation, will be in our implementation report. In relation to the single unique identifier, we have committed to coming to a decision on the best way forward by next summer.

Baroness Butler-Sloss Portrait Baroness Butler-Sloss (CB)
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My Lords, may I say how much I am comforted by the response of the Government to the excellent report and hope that all that the Minister is saying in good faith will actually take effect? As a family judge over very many years, and as the writer of the Cleveland report, there are two points I would like to raise with her. The first relates to children. My experience is of many children asked to see me. From the age of about six upwards, those children gave me extremely valuable advice as to what should happen to them. I do not think that social workers listen enough to what the children have to say. You cannot necessarily do what the child wants, but at least the child has a right to be heard, however young, if they are sensible enough to give a good example.

The other thing, which I found extremely sad when listening to the evidence of social workers, was that the social worker on the ground knew the family very well, but she or he did not make the decision; the decision was made higher up the ladder by a social worker who no longer had any individual cases to look at. I cannot imagine why they do not still keep a caseload to keep their hand in. They make decisions totally contrary to what the girl on the ground who knows the situation is saying. Can the Minister do anything by way of guidance to deal with that issue?

Baroness Barran Portrait Baroness Barran (Con)
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The noble and learned Baroness makes very important points, first in terms of a child’s right to be listened to and have their views respected. On the point about caseload, one of the 80 recommendations in the report is that, just as in the medical profession senior doctors will keep a caseload, so in social work senior social workers should keep a caseload and there will be teams with senior and less experienced social workers working together on cases.

Baroness Uddin Portrait Baroness Uddin (Non-Afl)
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My Lords, Josh MacAlister’s report demands good practice, which actually exists in many parts of our country—I declare my interest as a social worker who worked with child protection and disability services for many decades. I acknowledge all that good practice; nevertheless, there were 206 serious safeguarding incidents involving child deaths in just one year, 2020, and we have known other very serious cases, so something is going very wrong. Those of us on the front line have always known what Josh MacAlister has argued, which is about early intervention and the serious impact and ramifications of closing Sure Start and other services, so will the Minister ensure that the national implementation board takes on board not just the voices of young people but those of parents, who have had a terrible time at the hands of inexperienced social workers?

Baroness Barran Portrait Baroness Barran (Con)
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It is not for me to tell the national implementation board what it should or should not look at: it will have the 80 recommendations from the report. We will bring together a group of real experts with a very wide perspective, including experts by experience, and we look forward to their reflections and advice.

Baroness Hussein-Ece Portrait Baroness Hussein-Ece (LD)
- Hansard - - - Excerpts

My Lords, I also welcome the report and endorse many of the comments we have heard about early intervention and children being listened to, and families as well. I think we are all agreed on that. I was a cabinet member for social services and care in Islington Council for some years and dealt with child protection. Islington, like many other boroughs, had a bit of a chequered history but improved dramatically. One thing I found very valuable as a corporate parent was listening to children in care and their experiences.

One thing that struck me was a young man who said, “My corporate parent is one of the wealthiest in the borough and the biggest employer in the borough, yet I’m having difficulty in getting training, education and a job. Why is that?” If we think about it, local authorities are in a very good position to give young people leaving care the adequate support that they need—that is, to set aside training and education opportunities. One thing that worked well for us in setting up a corporate parenting board was requiring all departments in the council to set aside opportunities for apprenticeships that led to jobs. Other local authorities also did it. I do not know whether that still happens, as I have not been part of a council for more than 10 years; I just want to put it to the Minister and say that it could be very positive.

Let us not forget the stigmatisation of young people in care. I heard a girl on the radio speaking about the way they are treated and the experiences they have. The discrimination they face must be recognised. I see that one of the recommendations was that such discrimination should be recognised in equality legislation so that these young people are protected.

Baroness Barran Portrait Baroness Barran (Con)
- Hansard - -

One element focused on in the review is the ambition that we should have for children in the care system in relation to setting up their own businesses and having successful careers. All those things will be considered.

Lord Walney Portrait Lord Walney (CB)
- Hansard - - - Excerpts

My Lords, 13 month-old Poppi Worthington died 10 years ago in Barrow, probably at the hands of her father after being sexually abused. Of the myriad ways in which she was failed, one was that there was clearly not enough information sharing to allow professionals to see before she was born that she was being born into a very troubled family. That is one of the weaknesses that has been identified. Is it one of the areas that the Government will now push forward with as they improve data sharing across the system?

Baroness Barran Portrait Baroness Barran (Con)
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The noble Lord is absolutely right and, yes, that is absolutely an area of focus.

Lord Sandhurst Portrait Lord Sandhurst (Con)
- Hansard - - - Excerpts

My Lords, I want to ask a practical but important nuts-and-bolts question. Can my noble friend the Minister assure the House that it will be a cross-government and multiagency effort and not just for the Department for Education to put the review’s findings into effect?

Baroness Barran Portrait Baroness Barran (Con)
- Hansard - -

My noble friend is right to press on this point. This needs to be multiagency at both the local level—it must include the voluntary sector, as the noble Baroness, Lady Armstrong, highlighted, and statutory partners; we were clear in our guidance on the importance of this—and the central government level. We need to do that across the Department for Education, the Department of Health and Social Care and the Home Office.

Lord Duncan of Springbank Portrait The Deputy Speaker (Lord Duncan of Springbank) (Con)
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My Lords, the time allowed for this Statement has now elapsed. I suggest that we take a moment to shuffle the Benches before we continue.

Schools Bill [HL]

Baroness Barran Excerpts
2nd reading & Lords Hansard - Part one
Monday 23rd May 2022

(1 year, 11 months ago)

Lords Chamber
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Moved by
Baroness Barran Portrait Baroness Barran
- Hansard - -

That the Bill be now read a second time.

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

My Lords, I thank those noble Lords who showed an interest in this Bill during the humble Address debate on the Queen’s Speech last week. I welcome the shared interest in delivering high-quality education, and in keeping our children safe, that was witnessed across all sides of the House.

Over the past 12 years, we have seen great improvements to the school system. The proportion of schools rated good or outstanding has increased by 19 percentage points, from 68% in 2010 to 87% in 2019. While my predecessors delivered significant progress, the Government recognise that yet more must be done to level up the school system. We must, therefore, bring forward vital reforms which will support children, schools, teachers and parents. This Government have a vision to create a fairer and stronger school system that works for every child. All children should have a safe and effective education and, as both Houses have consistently argued, we must ensure that no child is left falling through the cracks.

In March, my right honourable friend the Secretary of State for Education published the schools White Paper, setting out the Government’s long-term vision for a school system that helps every child to fulfil their potential by ensuring that they receive the right support, in the right place, and at the right time, founded on achieving world-class literacy and numeracy. This included our ambition that, by 2030, 90% of primary school children will achieve the expected standard in reading, writing and maths, and the percentage of children meeting the expected standard in the worst performing areas of the country will have increased by a third.

The Bill sits within a wider programme of steps that we are taking to deliver this ambition, including a parent pledge for any child who falls behind in English or maths, investment in teacher training, teacher starting salaries set to rise to £30,000, a new arm’s-length curriculum body, and the creation of education investment areas to increase funding and support to areas most need in need, plus extra funding in priority areas facing the most entrenched challenges.

This Bill seeks to level up standards by supporting every school to be part of a family of schools in a strong trust. To achieve this, we must play our role in ensuring system quality by rethinking the way in which we uphold trust standards, so that our legislative framework is fit for purpose for a fully trust-led system. We are seeking the power to deliver, for the first time, a coherent single set of regulations on academy standards. This will set transparent, publicly available standards that academies must meet, replacing a diverse set of contractual and funding arrangements with each individual trust. Alongside this, we are seeking new intervention powers, to ensure that action can be taken to tackle serious failure if it occurs. These measures will lay the foundations for a successful, fully trust-led system.

We must also ensure that all schools can feel comfortable joining a trust without losing their individual characteristics. That is why we are putting clear protections for faith schools and grammar schools into primary legislation to provide confidence that their unique characteristics can be retained within an academy trust. We recognise that local authorities can play an important role in this journey, so we are giving them the ability to request conversion of their schools. Outside the Bill, we also plan to enable local authorities to establish their own trusts.

To build a genuine level playing field for children, we need to ensure an equitable distribution of resources. There remains too much variation in funding between comparable schools in this country. That is not right, and our long-planned reforms for funding will be delivered through the Bill, enabling us to resolve it.

The Government have already made great progress in reforming the school funding system. In 2018 we introduced the national funding formula, a system which meant that local authority areas received consistent funding based on a single formula for the first time. However, the current system still means that the local authority’s own formulae determine how much each school is ultimately allocated.

The Bill takes us to the next step, moving to a direct national funding formula, meaning that each mainstream school is allocated funding on the same basis, wherever it is in the country, and each child can be given the same opportunities, based on a consistent assessment of their needs.

The Bill also introduces new measures on attendance. Clearly, to benefit from a high-quality school education, consistent attendance is vital. We made good progress in the years between 2009-10 and 2018-19, with levels of pupil absence falling from 6% to 4.7%, meaning that students were spending an extra 15 million days in school. That being said, the Government understand that more needs to be done. Pre-pandemic levels of persistent absenteeism were at one in nine pupils, and these figures have risen further during the pandemic. We recognise that these absences greatly enlarge the gap between vulnerable and disadvantaged pupils and their peers. We know that schools are working hard to ensure that pupils are attending lessons, but reforms are needed to provide them with the right support to do this effectively.

The Bill will require schools to publish an attendance policy, as well as putting attendance guidance for schools, trusts, governing bodies and local authorities on a statutory footing, making roles and responsibilities clearer. This will build on their existing work on attendance and deliver greater consistency of support for families across England, and focus better, more targeted multi-agency support on the pupils who need it most.

The Bill also seeks to deliver this Government’s commitment to introduce registers of children not in schools—something that this House has persistently debated and rightly requested. The Government acknowledge the great value that a good home education can bring and support the principle of choice for parents, but we know that some children miss out on high-quality, full-time education because they are missing from the system.

In 2020-21, there was an estimated 34% increase in children whose parents chose to educate them outside the school system at some point during that period. The children not in school registers will provide accurate data and enable local authorities to identify children in their areas who are not receiving efficient, full-time education. We also recognise the need to support families who are home educating, and therefore we will require local authorities to offer support to interested parents of registered home-educated students.

The Bill will protect more children by expanding registration requirements for more educational settings that provide all, or the majority of, a child’s education. We will work closely with Ofsted, enhancing its powers to investigate registered independent educational institutions that are breaching relevant restrictions and unregistered independent educational institutions that are being conducted unlawfully. These additional enforcement powers will provide the ability to suspend registration pending further investigation.

This Bill will also broaden the scope of the current teacher misconduct regime so that it includes more educational settings. This will ensure that children who receive their education at further education colleges, special post-16 institutions, independent training providers, online education providers and some independent educational institutions will be protected and safeguarded by the teacher misconduct regime. It will clarify that teachers who have committed misconduct at any time when not employed to undertake teaching work can be investigated by the Secretary of State, and that misconduct uncovered by departmental officials can be referred without the need for it to be referred by a party external to the department.

I feel hugely optimistic about what we will collectively deliver once this Bill has had the benefit of the minds and experience in this Chamber. The Bill provides the opportunity to continue progress in reforming the school system so that it works for all children, supports teachers and provides parents with the confidence that their child is receiving the best and safest possible education. Reforming the school system is not a quick fix and work will carry on long after we consider the legislation before us today, but this Bill takes essential strides towards creating a stronger, fairer and safer school system that will improve the education of children across this country. I beg to move.

Schools Bill [HL]

Baroness Barran Excerpts
2nd reading & Lords Hansard - Part two
Monday 23rd May 2022

(1 year, 11 months ago)

Lords Chamber
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Baroness Barran Portrait Baroness Barran (Con)
- Hansard - -

I thank all noble Lords for their contributions today. I am deeply grateful for the knowledge and expertise that have been brought to bear on the debate, and I am pleased to hear from so many with great experience in the sector. I echo the remarks of the noble Baroness, Lady Chapman, about the noble Lord, Lord Watson, although I would like her to put herself in my shoes: she has him behind her; I have both of them across the aisle.

Among the many comments offering support, I have also heard the phrases “limited ambition” and “missed opportunity” on a number of occasions, so I would like to clarify our approach a bit better. In developing this Bill, we have looked carefully at the evidence. We have considered what works, and we are putting that into practice. To paraphrase my right honourable friend the Secretary of State for Education: arguably, the most ambitious thing a Government can try to do is replicate what is working in some places and scale it across the country. That is what we are trying to do.

The noble Baroness, Lady Chapman, referred to a lack of ambition in supporting children, empowering teachers and supporting parents. I would point her to our schools White Paper, where we have set out all those things in detail, supported by a broad range of programmes, including a “Parent Pledge”, which is a promise to every family that

“any child that falls behind in English or maths should receive timely and evidence-based support to enable them to reach their potential.”

I would also point your Lordships who challenged the Government’s position in relation to careers advice and forward-looking qualifications to the achievements in the skills Act and our work on T-levels.

The right reverend Prelate the Bishop of Durham suggested that we might be selling our children short if we focus so much on numeracy and literacy. My noble friend Lord Nash put it brilliantly as to why this is so important. Without the fundamental skills of literacy and numeracy, all the other subjects and areas of the curriculum that noble Lords have rightly raised this evening cannot be accessed, so I think we are selling them even shorter if we do not focus on those.

We are supporting teachers by providing 500,000 new teacher training opportunities by 2024. We are making sure that teachers have access to evidence-based and world-class training. We are introducing our new professional qualifications, including in relation to early years leadership, which I know is an area that this House rightly cares a great deal about.

Several noble Lords, including the noble Baroness, Lady Watkins, and the noble Lord, Lord Triesman, asked about funding to address the most entrenched areas of educational underperformance, and I would point your Lordships again to the education investment areas. I really hope the noble Lord does not feel that the Government have a sense of complacency about this. If this was an easy thing to turn around, other Governments would have done it already. We are in no way complacent; we absolutely see the scale of the challenge.

The noble Lord, Lord Hunt of Kings Heath, invited me to acknowledge the excellence among some maintained schools. I am more than happy to do that, but I would ask noble Lords on all sides of the House to be equally generous and equally honest in acknowledging the remarkable work of some multi-academy trusts in turning around schools that have been failing ever since inspections were introduced.

In relation to the challenge from the noble Lord, Lord Watson, and the noble Baroness, Lady Blower, about the statistics that we published recently, I hope they are both aware that we have already updated the relevant document to ensure greater clarity and transparency. I hope they are also aware that the findings and conclusions were completely unchanged as a result of that; it was purely a point of clarity and transparency. I would not want the House to have any confusion about that.

A number of noble Lords, including the noble Baroness, Lady Chapman, the noble Lords, Lord Shipley and Lord Blunkett, and my noble friend Lady Berridge, referred to the importance of school capital funding. Well maintained and safe school buildings are an absolute priority for the department; that is why we have allocated over £13 billion since 2015 for keeping schools safe and operational, including £1.8 billion committed this year, informed by consistent data on the school estate. In addition, our school rebuilding programme will transform 500 schools over the next decade, prioritising those in poor condition and with potential safety issues.

The noble Lords, Lord Blunkett and Lord Addington, my noble friend Lord Holmes, and the noble Baroness, Lady McIntosh, all talked about the importance of having ambition and the needs of children with special educational needs and disabilities at the heart of our strategy. To enable them to thrive, we want to build an education system where they can get the right support in a timely way and close to where they are. The SEND and alternative provision Green Paper published on 29 March sets out our ambitions in this regard. We are currently engaging in a very broad public consultation on our proposals. That consultation closes on 22 July, and we will then publish a delivery plan setting out how change will be implemented. I hope that the consultation will give an opportunity to the noble Baroness, Lady Watkins, to input her questions, views and recommendations in relation to alternative provision and excluded pupils. There are also clear opportunities in that consultation to input on issues around autism, about which the noble Baroness, Lady McIntosh, spoke so movingly in relation to the experience within her own family.

Turning to the Bill, many of your Lordships talked about the centralising move and questioned whether this was a power grab, including the noble Baronesses, Lady Chapman and Lady Morris, the noble Lords, Lord Blunkett, Lord Davies, Lord Addington and Lord Watson, my noble friends Lord Baker, Lord Eccles and Lord Lingfield, and other noble Lords; I hope your Lordships will forgive me if I have not referred to them all. I really would like to reassure your Lordships about the breadth of matters that could be covered by the academy standards. The examples provided in the standards clauses reflect matters already covered in existing funding agreements, legislation and the Academy Trust Handbook. For example, the model funding agreement includes a clause on the curriculum which states that it must include English, maths and science; the intention is to replicate this freedom in the standards regulations.

My noble friend Lord Eccles talked about a concern around consistency. We are keen on consistency of ambition but very keen not to be prescriptive in how those results and outcomes are to be achieved. Our proposals for a new set of statutory academy standards will provide much more parliamentary and public scrutiny of the requirements placed on academy trusts and the existing regime. We will shortly be publishing expanded fact sheets, setting out significantly more detail on our delegated powers.

My noble friends Lord Nash and Lord Lucas, the noble Baroness, Lady Morris, and the noble Lord, Lord Knight of Weymouth, also were concerned about the impact on the fundamental freedoms of academies. These reforms will maintain the central freedoms and autonomy of the academy programme. Our “strong trust” definition and standards will set out clearly what we expect all academy trusts to deliver, but trusts remain free to design, innovate and implement operating models that they believe will deliver the best outcomes for their pupils. I would be delighted to meet my noble friend Lord Nash to discuss this further and benefit from his experience and insight on the matter.

A number of noble Lords questioned the capacity of the department to deliver regulation. It is precisely to ensure that we are properly equipped to oversee a system where all schools are in trusts that we are launching a formal regulatory review. That review will establish the appropriate model and options for how best to regulate the English schools system when all schools are part of a family of schools in strong trusts. The noble Baroness asked if I had looked at clusters and federations. I absolutely have and I am happy to share more detail on those conversations with her if she has time.

Many of your Lordships challenged the sense of a local feel of multi-academy trusts, including the noble Lord, Lord Storey, and the noble Baronesses, Lady Garden and Lady Bennett. We recognise absolutely that local schools are at the heart of the communities that they serve and that local governance arrangements also play an important role in enabling trusts to be responsive to parents and local communities. As we set out in the schools White Paper, we want to see all trusts having such arrangements to ensure that they are connected to all their schools and the communities they serve and to make sure that the trusts can make decisions that are well informed by the local context.

The right reverend Prelate the Bishop of Oxford asked specifically about our consideration for small, rural schools. It is an issue of which we are acutely aware and I am very happy again to pick that up in more detail with him if that would be helpful.

The vast majority of trusts already choose to have local governing bodies. We will discuss with the sector the best way to implement these arrangements. The noble Lord, Lord Storey, in particular, I think, cited a sense of dissatisfaction about this. If the noble Lord can share specific examples with me, I would be very happy to explore those further.

Your Lordships also asked a number of questions on admissions. In particular, we are planning to consult on a new statutory framework for pupil movement which ensures that a decision to move a child in year is always in the best interests of that child. As a final safety net there will be a new backstop power for local authorities to direct trusts to admit children, with the right for the trust to appeal to the Schools Adjudicator.

My noble friend Lord Blackwell and the noble Duke, the Duke of Wellington—who I should congratulate on King’s Maths School being school of the decade—asked about schools in areas of deprivation offering the maximum opportunity to talented local children. We announced in the levelling-up White Paper that we will be looking at opening new free schools for children aged 16 to 19, targeted in areas where they are most needed.

As my noble friend Lord Blackwell said, grammar schools are among the best-performing schools in the country. They also have an important role to play in a future schools system, but we are committed to supporting all disadvantaged pupils in England to realise their potential.

I thank the right reverend Prelate the Bishop of Durham for his kind words in relation to the work that my colleagues in the department have done with his colleagues in relation to faith protection. We are working on the land and other issues and are happy to continue to explore those.

The noble Baroness, Lady Bakewell, raised the issues argued by the Humanist Society and others, but she will know that many faith schools have a really strong track record in delivering excellent education and our experience is that they are popular with parents, whether they belong to that faith or not. Again, I am happy to follow up the points that she raised.

On the attendance measures in the Bill, the right reverend Prelate the Bishop of Durham and the noble Lord, Lord Shipley, suggested that some of the measures on attendance could appear punitive. My noble friend Lord Lucas also spoke on these issues. Our attendance measures are underpinned by the principle of “support first”. The measures will help school absence from becoming persistent or severe by improving, at a national level, the consistency of support offered to pupils and their parents through an earlier and more targeted approach. I urge noble Lords to look at the evidence in this area, which shows a great inconsistency across the country. We hope that the measures will reduce the need for legal intervention overall, so that the existing legal interventions are primarily used where support has not been successful or families have not engaged with that support.

On the points raised by the noble Baroness, Lady Brinton, of course the intention here is not to punish children with long-term health conditions. Again, I would be happy to follow up with her on some of the examples that she raised. That also applies to the comments from the noble Baroness, Lady McIntosh, regarding autism.

The noble Baronesses, Lady Fox and Lady Jones, and my noble friend Lord Lucas expressed concerns about bringing in a register for children not in school. I just reiterate that the Government respect the right of all families to home-educate, where it is done in the best interests of the child. We want parents and local authorities to be supported in ensuring that that education is suitable. The move to require local authority registration is not intended to undermine privacy, nor will it interfere with a parent’s right to educate their child in a way and with the methods that they think are best. Notification to the local authority that a child is receiving home education will help it to plan and target resources at children who are truly missing education. It will help local authorities to plan their resources for complying with their duties under existing guidance and the new duty to provide support where it is requested. It will also support them in identifying children who would otherwise be considered as children missing education, who could be at a safeguarding risk due to not receiving a suitable education, or indeed any education at all, and at risk of harm.

The consultation response did not feature any proposals for additional powers for local authorities, such as to explicitly monitor education or enforce entry into the home. Our view remains that local authorities’ existing powers are sufficient to determine whether the provision offered is suitable. The noble Baroness, Lady Jones of Moulsecoomb, invited me to talk to home-educating parents, and I would be happy to hear their concerns.

Turning to the regulatory regime for independent educational institutions, the regulatory regime that we are proposing is tailored to settings that are intended to provide the whole or the majority of a student’s education. Our view is that it would not be proportionate to apply this regime to part-time or supplementary educational settings. We are going to launch a call for evidence regarding part-time settings shortly, but we have worked hard to try to address the questions raised by both the noble Baroness, Lady Meacher, and the noble Lord, Lord Mendelsohn, about institutions that try to evade the spirit of these regulations. Again, I would be glad to explore that in more detail with noble Lords.

As ever, we are preparing an increasingly long letter, and I know I have not done justice to all the points raised. In closing, I know that the noble and right reverend Lord, Lord Harries, talked about his amendment on fundamental British values, and I am looking forward to meeting tomorrow to discuss that further. Similarly, I will follow up on my noble friend Lady Berridge’s points on data regarding children on free school meals and with special educational needs, and with the right reverend Prelate the Bishop of Oxford on clarifying points around governance and conflicts of interests for local authorities when they have their own MATs. I will also follow up with my noble friend Lord Lexden in relation to the fit and proper persons test, and with the noble Lord, Lord Triesman, on adoption from abroad.

I want to spend one moment on a point to which I cannot do justice. Many noble Lords, including my noble friends Lord Altrincham and Lord Sandhurst, the noble Lord, Lord Triesman, and the noble Baronesses, Lady Meacher and Lady Watkins, talked about children’s mental health. I am hoping we will have a chance to talk about this more in Committee. We remain absolutely committed, as are all your Lordships, to promoting and supporting children and young people’s mental health and well-being in schools and listening to what more can be done. Counselling is obviously an important part of that.

On the specific points raised by my noble friends on guidance for schools about trans pupils, we recognise that this is a complex and sensitive area for schools to navigate. We believe they are well placed to work with parents, pupils and public services to help decide what is best for individual children and others in the school. We are working with the Equality and Human Rights Commission to make sure that we give the clearest possible guidance to schools on these important issues.

In closing, I echo other noble Lords in thanking teachers, teaching assistants, MAT leaders and all who are involved in our school system for the incredibly important and valuable work that they do. As noble Lords have heard me say several times, I am very committed, as are my colleagues in the department, to meeting your Lordships to discuss the issues raised this evening. I also commit to going through the data that we have put together and the evidence base for the choices that we are making for the school system to make sure that we can reinforce your Lordships’ confidence in how we have arrived at those conclusions.

I invite your Lordships to perhaps meet some of the multi-academy trust leaders in your areas, if you have time—we would also be happy to put together a round table—because the picture painted in many of the speeches tonight is not one that I recognise from the many schools that I have visited and leaders whom I have spoken to. Us all having the clearest and broadest possible understanding will be helpful for making the Bill the best that it can be.

In conclusion, I thank noble Lords for their contributions to the debate and look forward to even more detailed scrutiny and challenge as we move to Committee. I beg to move.

Bill read a second time and committed to a Committee of the Whole House.

Schools Bill [HL]

Baroness Barran Excerpts
Monday 23rd May 2022

(1 year, 11 months ago)

Lords Chamber
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Moved by
Baroness Barran Portrait Baroness Barran
- Hansard - -

That it be an instruction to the Committee of the Whole House to which the Schools Bill has been committed that they consider the Bill in the following order:

Clauses 1 to 3, Schedule 1, Clauses 4 to 7, Schedule 2, Clauses 8 to 44, Schedule 3, Clauses 45 to 51, Schedule 4, Clause 52 to 62, Schedule 5, Clauses 63 to 69, Title.

Motion agreed.

Industrial Training Levy (Construction Industry Training Board) Order 2022

Baroness Barran Excerpts
Monday 25th April 2022

(2 years ago)

Grand Committee
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Moved by
Baroness Barran Portrait Baroness Barran
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That the Grand Committee do consider the Industrial Training Levy (Construction Industry Training Board) Order 2022.

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

My Lords, as the Committee will no doubt appreciate, the construction sector is broad and a significant part of the UK economy. It is responsible for delivering infrastructure and large construction, including transport, energy, social infrastructure and commercial buildings. It is also responsible for delivering new housebuilding and for the repair, maintenance and improvement work needed for existing buildings and the built environment.

The traditional image of the industry and its workers is shifting. New technologies are enabling more efficient and modern methods of construction. We recognise the role that construction plays in reaching the UK’s net-zero targets, which the House passed into legislation in 2019.

This is a broad sector, as I said, and it is a large and growing one. It is valuable to our economy, currently contributing £155 billion, which represents 9% of our national gross value added. It is also valuable economically due to the large number and wide range of employment opportunities that it provides, many of them well-paid, highly-skilled roles offering excellent progression opportunities. It is valuable to the individual too; it employs 3.1 million workers, 813,000 of whom are self-employed.

In research conducted by the Construction Industry Training Board, known as the CITB, the Construction Skills Network forecast indicates that the sector will grow at an average rate of 4.4% across 2021-25. Skills interventions will be critical in meeting existing and future construction labour market demands and addressing skills deficits. New and existing workers will require interventions to retain, retrain and upskill as new regulations and technologies are introduced.

It is a broad, growing, and valuable sector, but it is a fragmented one too. Small and medium-sized enterprises make up more than 99% of all businesses, of which the majority are micro-businesses. It relies heavily on subcontracting and self-employment. This fragmentation creates long-held disincentives for employers to train and develop their construction workforce. This goes to the heart of what the CITB was created to do.

Established in 1964, the CITB is, at its core, industry led, and it exists to encourage the provision of construction training. It has a clearly defined role in identifying construction skills needs and plays a part, with others, in addressing them. It provides targeted training spend, as well as grants to employers, to encourage and enable workers to access and operate safely on construction sites, drive up skills levels and incentivise training that would otherwise not take place. It supports strategic initiatives to help to maintain and develop vital skills in the industry and to create a pipeline of skilled workers. It is developing occupational standards and recognised qualifications so that skills are transferable and increase productivity.

In all activity, the CITB is working in ways that will support the construction sector to develop an environmentally sustainable future, supporting the Government’s ambitions towards net zero. Over the coming three-year levy period, the CITB expects to raise around £502.2 million to invest in construction skills.

The recent 2021 levy order was for one year, not the usual three years. That order was more unusual still, as the levy rates that it prescribed were reduced to 50% of those prescribed by the three-year 2018 order. This was to accommodate the CITB’s decision to allow levy payers a payment holiday in response to cash flow pressures the industry was facing during the first Covid lockdown.

I now turn to the details of the draft order, and I thank the Joint Committee on Statutory Instruments and the Secondary Legislation Scrutiny Committee for considering this draft legislation. This three-year 2022 order returns to the levy rates prescribed by the three-year 2018 order—0.35% of the earnings paid by employers to directly employed workers and 1.25% of contract payments for indirectly employed workers—for businesses liable to pay the levy. However, the industry, having been consulted on the CITB’s delivery strategy and levy rate, supported the retention of the higher exemption and reduction thresholds for small employers contained in the 2021 order. Construction employers with an annual wage bill of up to £119,999—previously £79,999 in the 2018 order—will not pay any levy, while still having full access to CITB support.

It is projected that approximately 62% of all employers in scope of the levy will be exempt from paying it. Employers with a wage bill between £120,000—previously £80,000 in the 2018 order—and £399,999 will receive a 50% reduction on their levy liability while also receiving full access to CITB services. Approximately 14% of all employers in scope of the levy will receive a 50% reduction. Maintaining the increased exemption and reduction thresholds seeks to acknowledge and ease the budgetary pressures on SMEs.

The CITB has consulted industry on the levy proposals via the consensus process required under the Industrial Training Act 1982. Consensus is achieved by satisfying two requirements: that both the majority of employers likely to pay the levy, and employers that together are likely to pay more than half the aggregate levy raised, consider that the proposals are necessary to encourage adequate training. Both requirements were satisfied, with 66.5% of likely levy payers in the industry, which between them are likely to pay 63.2% of the aggregate levy, supportive of the CITB’s proposals.

This order will enable the CITB to continue to carry out its vital training responsibilities, and I beg to move.

Lord Jones Portrait Lord Jones (Lab)
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My Lords, I thank the Minister for her helpful and informative introduction to a welcome order of importance to our national economy and, indeed, to our future. I also acknowledge the ever-present commitment, conscientiousness and insight of my noble friend Lord Watson. I declare my interest in the register as president of the Engineering Education Scheme Wales, the EESW.

Page 2 of the order refers to consultation with Scottish Ministers, and I ask how and when consultations with Welsh Assembly Ministers took place. In the Explanatory Memorandum in paragraph 10.1, reference is made to a small group of employers that advised on the 2022 to 2024 levy orders. Will the Minister name the employers in the small group and describe the process? If the answer is not immediately forthcoming, perhaps she might write. Where in all this was there a place for trade unions? Was the TUC considered in any way?

Will the Minister expand on the role of technical colleges in the training of apprentices? Concerning apprentices, what role does a Minister play in relation to college trusts and boards? Surely these colleges have a huge and beneficial role. I have in mind here paragraphs 7.2 and 7.3 of the very helpful Explanatory Memorandum.

At paragraph 7.4 there is a more serious statement, which I will quote:

“The construction industry contributes 8.6% of the UK’s gross domestic product, employing over 2.5 million people. However, there remains a serious and distinct market failure in the development and maintenance of skills in the construction industry: the trading conditions, incentives and culture do not lead to a sufficient level of investment in skills by employers.”


I thought it was very helpful to see that paragraph in our papers, and surely it is to the credit of the Government that it was put in. It is of huge importance, and I am sure the Minister will respond.

What special and urgent initiatives is the Minister undertaking on the basis of that serious paragraph? What policy stimuli are under way? Are not engineering apprentices of great national importance—for example, in our aerospace industry and the Ministry of Defence? How does a Minister liaise cross-departmentally to seek ever more and ever better apprenticeships?

I note the 21 November impact assessment and its self-evident helpfulness. Look, for example, at the figurative illustrations—figures 5 and 6—at paragraph 36. First, figure 5 shows the estimated CITB levy payable by employers in England, Scotland and Wales in 2018 versus 2022—that is, the changes. In this, general building, civil engineering and housebuilding come out on top, with £20 million for housebuilding. Why are the Government not pushing harder for housebuilding?

Secondly, figure 5 shows the levy paid by nations in 2022: some £149 million in England, £13.6 million in Scotland, but only, I note, £4.8 million in Wales. Will the Minister tell us what is going on in Wales? For certain, the Welsh Assembly and Government have a good record; all my compatriots are good payers, as I am sure the Minister would agree. Will she please comment and explain? Is it simply that the money that Wales pays is based on population only? But why so little?

Thirdly, in figure 6, it is good to see the brickie and the pointer itemised. The pointer puts the icing on the brick cake. Is the Minister prepared to agree? What are the Government doing to get more brickies and pointers? They are absolutely vital in housebuilding and they are in very short supply, which leads to bottlenecks. The Government want, in the most positive way, more housing built, but here is a bottleneck around the brickie and the pointer. We need many more in the industry, so how hard are the Government negotiating with the employers? Do they pressurise the chief executive officer of the CITB for more brickies and pointers?

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Properly resourced, the CITB is positioned to focus on that delivery. I wish both the organisation and the industry it represents well. I hope that we will be presented with further progress in the development of skills and an industry with greater diversity when we are asked to consider the next draft levy order in three years’ time.
Baroness Barran Portrait Baroness Barran (Con)
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My Lords, I thank noble Lords for their contributions to the debate. I will attempt to cover the questions asked but I will of course write on any that I cannot answer at the Dispatch Box.

Before I go any further, the noble Lord, Lord Watson, highlighted the difference between the 2.5 million employees cited in the Explanatory Memorandum and the 3.1 million that I referred to in my opening remarks. The figure of 3.1 million comes from the Office for National Statistics and represents a wider definition of construction that includes the built environment and manufacturing. The figure in the Explanatory Memorandum is an estimate of the CITB-relevant part of the total. I hope that clarifies it for the noble Lord.

The noble Lord, Lord Jones, shared his deep expertise in the sector and asked a number of questions in relation to Wales. In line with the requirements of Section 88 of the Scotland Act 1988, we consulted Scottish Ministers—the noble Lord pointed this out—who confirmed that they are content with the levy order. The Welsh Assembly has also confirmed its support for the order.

The noble Lord asked why the contribution for Wales appears to be so small. The levy is charged to in-scope employers based on their wage bill, so it is possible that there are fewer or smaller such employers in Wales and this is reflected in those figures. The noble Lord also asked how much of the levy will be distributed in Scotland and Wales. The split in income and expenditure between England, Scotland and Wales is not something that the CITB generally measures or reports on.

The noble Lord asked about engagement with the unions. Obviously, it is up to the CITB as to who it engages with. It is the legislation that controls who can actually vote on the levy proposals.

The noble Lords, Lord Jones and Lord Storey, challenged whether the Government are doing enough with our investment in training, qualifications and skills in this area. We have already put in place a wide range of opportunities for adults to gain the skills that they need for employment and are ensuring that people have opportunities to study by delivering on the Prime Minister’s lifetime skills guarantee. The provision of skills, in construction in particular, is supported through a number of routes, including courses available through further education colleges and independent learning providers, with funding of more than £1.3 billion from the adult education budget. Noble Lords will be aware that we introduced construction T-levels in 2020, as an alternative vocational route into the sector, and are continuing to develop skills boot camps, which offer free and flexible courses of up to 16 weeks, funded through the national skills fund.

As noble Lords observed, apprenticeships remain a key route into this industry. There are currently over 640 high-quality, industry-designed standards available, and we aim to continue to improve and grow apprenticeships, so that more employers and individuals can benefit from them.

The noble Lords, Lord Watson and Lord Storey, rightly focused on the lack of diversity in the construction workforce. Obviously the CITB is not responsible for the construction workforce, but it has an important role in facilitating skills opportunities to help the industry strive towards a workforce that reflects today’s society. It undertakes a wide range of initiatives and activities; it works with industry and other partners to try to attract a diverse pool of new entrants into the industry and to promote construction careers. I share the hope of the noble Lord, Lord Watson, that in three years, when we debate this instrument again, the make-up of the sector will look very different from where it is today.

The CITB is funding the training of industry construction ambassadors on fairness, inclusion and respect, who contribute to a dedicated industry project which creates resources for employers to promote and celebrate best practice across the sector. It is also funding a digital resilience hub, which is a free and accessible tool that brings together mental health resources for those working in the construction industry. Finally, it is funding the on-site hubs that support individuals to become employment-ready and site-ready to take up opportunities in construction. Their target is to support underrepresented groups, including women and those from black, Asian and other minority-ethnic backgrounds, to secure sustainable job outcomes. It is fair to say that representation from those groups remains disproportionately low. The CITB continues to work with partners to try to address that.

The noble Lords, Lord Watson and Lord Storey, questioned the value of the CITB and raised some of the criticisms that have been lodged against it, and asked whether there would be an alternative model for funding skills development in the construction industry. The Government seek to evaluate the rationale for and effectiveness of its arm’s-length bodies through a programme of regular reviews, and that includes the ITBs. In 2017, the review of ITBs confirmed that there remains an ongoing need for a central skills body and recommended that the CITB should make stronger efforts to address the skills gap and market failure within the industry. That included the requirement for the CITB to lead on emerging needs, such as supporting the Government’s ambitions for housing.

Lord Watson of Invergowrie Portrait Lord Watson of Invergowrie (Lab)
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I mentioned earlier that the impact assessment shows that 75% of employers, when asked, said that they wanted the current scheme to continue. Is it not unthinkable that, with that kind of backing, the Government might move away from the current model?

Baroness Barran Portrait Baroness Barran (Con)
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Obviously I cannot predict the future. I can only repeat what the review of 2017 said, on which basis the Government are moving forward. The review showed that there is an ongoing need for a central skills body and, as the noble Lord says, employers support it.

Following that review, the CITB’s implementation of its three-year transformation process, Vision 2020, has helped to make it a more focused and more agile partner to industry, and, as a result of the initiative, the CITB has implemented new governance structures so that industry voices are at the heart of decision-making, has launched new funding systems to allow employers to have easier access to support—the noble Lord, Lord Storey, referred to bureaucracy being a barrier to accessing support—and has moved to an investment model based on strategic commissioning. As I noted, the industry has expressed concerns about the performance of the CITB, but we are confident that it has worked hard to increase industry involvement in its strategic planning to address those concerns.

The noble Lord, Lord Storey, asked about the funding model and exactly what it pays for. The levy provides an investment in skills through a redistributive and collective fund, and it provides value through strategic initiatives that benefit the whole industry—I have referred to some of them already—such as attracting new entrants, identifying common standards and common training solutions, encouraging the transferability of skills, quality control of training provision, leadership and project management development, and collaborative behavioural training programmes.

The noble Lord, Lord Watson, asked about the relationship between the amount of levy that is paid and the grants that an employer might receive. We believe that employers receive value for money, but they do not expect to receive a direct financial return via the training grants that is equal to the levy that is paid. As I mentioned, the levy is an investment in skills through a redistributive and collective fund that benefits all employers.

The noble Lord, Lord Jones, asked about our housebuilding targets. One of the priorities from the DfE to the CITB for 2022-23 is providing support to the industry to meet our ambition to build 300,000 homes each year.

There continues to be the collective view across the sector that training should be funded through a statutory levy system and that that system should be used to contribute to a pool of skilled labour, now and in the future, for this critical sector. There is a firm belief that without the levy there would be a serious deterioration in the quality and quantity of training in the construction industry, leading to a deficiency in skills levels and in capacity. That would create particular challenges in the current economic environment, when skilled workers are needed to deliver the infrastructure projects required to meet the environmental challenge of reducing the UK’s carbon emissions to zero by 2050, as well as all the other ambitions that we have referred to in relation to other infrastructure and housebuilding projects.

Motion agreed.

Skills and Post-16 Education Bill [HL]

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Moved by
Baroness Barran Portrait Baroness Barran
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That this House do not insist on its Amendment 15B, to which the Commons have disagreed for their Reason 15C.

15C: Because the timetable for the rollout of the reform programme for post-16 qualifications should not be delayed further and the additional requirements would introduce unnecessary burdens.
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Baroness Barran Portrait The Parliamentary Under-Secretary of State, Department for Education (Baroness Barran) (Con)
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My Lords, I am pleased to be back in the Chamber to discuss the Bill as it reaches its conclusion.

After listening to debate from noble Lords a fortnight ago—the noble Lord, Lord Blunkett, in particular made a speech that spoke to his own experience, which I profoundly respect—I have come to this House with an announcement and clarifications that I hope will address the main thrust of those concerns. We are taking a pragmatic approach to our reforms as they are implemented and will continue to do so. We have already made important changes after listening to the arguments made in this House.

Last November, the Secretary of State announced an additional year before funding would be withdrawn from qualifications that overlap with T-levels. We have also removed the English and maths exit requirement from T-levels, but we do not think that a further delay will benefit providers, awarding bodies, employers or students. We know that stakeholders need clarity on the timescales for implementation, and we are continuing to support them in the rollout of T-levels. The announcements I am making today should give further assurance that the Government are undertaking their reforms in a measured, evidence-led and sensible manner and that any further delay is not necessary. We want to get on with delivering the Bill and our reforms to technical education qualifications.

My right honourable friend the Secretary of State for Education sent a letter to noble Lords. In that letter, he set out the Government’s position that many applied general qualifications, such as BTECs and other similar qualifications, will have a continuing and important role to play alongside A-levels and T-levels. To be approved for funding in future, qualifications will need to meet new quality and necessity criteria.

I want to make it clear that students will be able to take applied general-style qualifications, including BTECs, alongside A-levels as part of a mixed programme. We are not creating a binary system. Our aim is to ensure that students can choose from a variety of high-quality options, of which A-levels, T-levels, BTECs and other applied general-style qualifications will all play their part.

We have already begun our reform process, having confirmed that around 1,800 qualifications have low or no enrolments and will therefore have funding removed from August 2022. Our next phase of reforms will be to consider qualifications that overlap with T-levels. I know that noble Lords are all interested to see the provisional list of qualifications that overlap with waves 1 and 2 T-levels. I want to be absolutely clear to your Lordships today that through this process we expect to remove public funding approval for just a small proportion of the total level 3 offer, including BTECs. This will be significantly less than half. We expect to publish the provisional list in due course. There will be an opportunity for awarding organisations to appeal a qualification’s inclusion on the list to make sure we have applied our overlap criteria fairly. Our final phase in this process will focus on the quality of the wide range of other qualifications available.

I now turn to the commitment the Government are making in the light of the previous debate on the Bill in this Chamber. We want to ensure that we have the best evidence when considering whether to continue funding qualifications. As such, I can now guarantee that employers will have the opportunity to say if they believe qualifications support entry into occupations not covered by T-levels. This will mean that we have the strongest evidence to support decisions through the overlap process. It is important that there are no gaps in provision and that we retain the qualifications we need to support progression into occupations that are not covered by T-levels.

I was pleased in the previous debate to hear the support across the House for T-levels. Just as T-levels are being introduced in phases, we are also taking a phased approach to removing funding approval from qualifications that overlap. Let me reassure your Lordships that qualifications that overlap with T-levels introduced in 2020 and 2021 will not have funding approval removed until the academic year 2024-25. Similarly, we can guarantee that no qualifications will have funding approval removed because of overlap with T-levels being introduced in 2022 and 2023 until the academic year 2025-26. In this way, we will make sure that no existing qualification has public funding approval withdrawn before the relevant T-level alternative is available. Our reforms will ensure that all students have high-quality options that support progression to employment or further study, including higher education.

As I have said previously, we have put in place significant investment in T-levels, as well as support for the sector, to help providers and employers prepare for them. We are confident of their success and will continue to carefully assess the progress of our reforms to ensure that no student or employer is left without access to the technical qualifications they need. We will also continue to publish regular updates and evidence as part of our annual T-level action plans, which can be found on GOV.UK.

I have also heard loud and clear from noble Lords the concerns about reforms for disadvantaged students. Our impact assessment recognises that students who take qualifications that are more likely to have funding withdrawn have the most to gain from the changes. That is because in future they will take qualifications that are of higher quality and meet the needs of employers, putting them in a stronger position to progress on to further study or skilled employment. But we want to go further and continue to gather evidence to ensure that our reforms across both technical and academic qualifications are working as we intend.

In particular, the unit for future skills, as announced in the levelling-up White Paper, will make sure that across government we are collecting and making available the best possible information to show whether courses are delivering the outcomes that we want—helping to give students the best possible opportunity to get high- skilled jobs in their local areas. Today’s announcement and assurances are a clear statement from the Government that employers will play a valuable role in the process to determine overlap with T-levels and that we have mechanisms in place at all stages of the qualifications review to make sure that our reforms are evidence-driven and employer-led, levelling up opportunities for young people across the country.

 We have come here with an understanding, a sensible compromise, and a decision that I hope noble Lords will support, as this legislation has support across all parties. It will allow us to start transforming the skills system for the economy and people across the country. I beg to move.

Lord Blunkett Portrait Lord Blunkett (Lab)
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My Lords, I thank the Minister. She is renowned in this House for her courtesy and willingness to listen and on this occasion she has done so in an exemplary manner. I know other Members of your Lordships’ House will, like me, appreciate the fact that she has been prepared to have considerable discussions behind the scenes, to talk with her Secretary of State, to ensure that the all-Peers letter sent out today from him adheres to the understanding that has been reached and that her statement from the Dispatch Box is, as I would expect, complementary to and exactly in line with the letter.

I thank my noble friend Lord Watson for his incredible patience with me over the past weeks. I really appreciate that. I understand that his young son is on the Steps and he is very welcome. I would also like to say how much I personally appreciated the support of noble Lords on Amendment 15B. Throughout the passage of the Bill, from Second Reading, Committee and Report right through to the beginning of ping-pong two weeks ago, we have had all-party consideration and support for high-level, top-quality, vocational and technical provision, including the introduction of T-levels. Concerns expressed have been heard and understood. If I might say so, we have done a good job in this House in making this a better Bill. The phasing in and timetabling of the reform and change are now in a much better place. As the Secretary of State’s letter said and as the Minister reiterated from the Dispatch Box, this is led by evidence, and with agreement of further evidence, which should be gathered to ensure that these reforms are delivered in the right way.

The topping and tailing of the Secretary of State’s letter is a reiteration of the standard lines to take, but the centrepiece of the letter is real progress, as the Minister already indicated. On that basis, it is really important that we accept the consensus that has been agreed, that we understand that when you are winning you give way, and that we continue the agreed programme in a sensible dialogue. All of us will have consideration of what “overlap” really means and how it is handled. I know that the noble Baroness, Lady McGregor-Smith, will have heard very clearly the discussions in this House and the statement from the Minister this afternoon. It is welcome that we are no longer going down a binary route, that we are allowing people to take A-levels as well as advanced qualifications such as BTEC, that we understand the needs of individual learners, that we appreciate that people mature in different ways and learn in different ways, and that pedagogy does not demand that one size fits all. I am appreciative of both the Government and this House for the way in which they have been so supportive. Thank you.

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Lord Watson of Invergowrie Portrait Lord Watson of Invergowrie (Lab)
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My Lords, it has been a long and winding road with this Bill, stretching back over 10 months from the position that we find ourselves in today. There is very little to add to what noble Lords have said in the last 20 minutes or so, but of course that does not mean that I will not make an attempt at it.

It is very pleasing that we have reached this position because, when the Bill arrived here, it was skeletal in form and many noble Lords made the point that it would be fleshed out only through secondary legislation. I do not think that many find that an acceptable means of legislating, given the restrictions on scrutiny that it entails. But we have had some fleshing out. We have the lifetime skills guarantee—albeit from only level 3 upwards—which will be introduced in 2024. We have the lifelong loan entitlement, which we know a bit more about and which is out for consultation at the moment; it will not come into play until 2025. There are also other consultations ongoing on level 2 and level 3 qualifications, so there is still quite a lot out in the ether and what will finally emerge is for the future.

I echo the points of noble Lords, particularly my noble friend Lord Blunkett, about the discussions into which the Minister, the noble Baroness, Lady Penn, and officials entered with us in the last few days. They have been productive.

I was slightly disappointed to get a message this morning from someone in the higher education sector who said that they were disappointed that the fight against BTECs being defunded, had fizzled out. Being a fairly forthright Scot, I replied that this was, shall we say, not quite the case. I have also had messages about the extension to 2024 and the clarity that will be provided in the documents that the Minister referred to—the Secretary of State’s letter and the table. I am not sure whether the table has yet been distributed to noble Lords, but it will be. It sets out the defunding process. The main point, as the noble Baroness, Lady Garden, mentioned, is that when this started, it was said that only a small range of BTECs would survive. We have now come not quite full circle but some considerable distance, with only a small range of BTECs facing defunding and in certain circumstances, as the Minister outlined. That is very much progress, and we welcome it.

To echo the noble Lord, Lord Baker, T-levels will ultimately be a success—we want them to be and they will be; it is a question of time. In our discussions earlier in the week, the Government’s target was 100,000 T-level starts in 2024. That is quite ambitious, given that we have only 5,000 at the moment, but I wish them well. Equally, I welcome that for those young and not so young people for whom T-levels are not appropriate for whatever reason—there are many reasons why that might be the case—there are other options remaining open to them, not least the route into higher education, which has been, as many noble Lords have said, very important. I am pleased that we have got to this. As my noble friend Lord Blunkett said, the Minister has been very helpful in that regard.

The noble Lord, Lord Baker, deserves considerable credit. Through his efforts, the clause bearing his name from the 2017 Act has been beefed up and will carry much more weight and be much more effective than it has hitherto been, with the ability of providers to be brought into schools. There will be much less likelihood of head teachers saying, “No, no, we don’t need that actually. Most of our young people are going to university, we don’t really need to hear about apprenticeships or any form of technical education”. That is wrong in any situation and is now much less likely.

The question of careers education is important. The noble Lord, Lord Blunkett, mentioned it, and I am very proud to say that there is a young man—my son Thomas—sitting on the steps of the Throne who is about to enter senior school. By the time he reaches 16, I hope that these reforms will have bedded in and he will have many options open to him and his cohort, enabling them to make informed decisions on how their lives will pan out, whether through further education, higher education, apprenticeships or whatever. I very much hope that that will be the case.

I do not really have anything else to say, other than that the Bill is in a much better state than it was when it arrived here. Many noble Lords have played an important role in getting us here, and I have to say that the Government have been willing to listen and act. It is important that this Bill is a success. The futures of many young and not so young people depend on it, and the future economy of this country depends on it. I hope it will succeed.

Baroness Barran Portrait Baroness Barran (Con)
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My Lords, as the noble Lord, Lord Watson, said, this Bill has been with us for a while and I know that noble Lords are keen to start their Easter break, I hope with their families. I thank noble Lords for their very generous words on the work that we have done in government, with officials and with many of your Lordships to get the Bill to where it is now. I hope that it will deliver on all our shared aspirations in this area.

I shall try to respond briefly to the questions from my noble friend Lord Johnson regarding parity of esteem. Without wanting to play with words, we are aiming for clarity of esteem—although I am not sure whether that exists. We want to have a range of high-quality options for young people. We want them to be absolutely clear which ones work for them, which are suitable and which offer the right path forward. Of course, that is underpinned by parity, but we need clarity as well, because that has been lacking in the past. In relation to his second point, we also need absolute clarity for providers. There is an enormous job still to be done to communicate the value of all the different options that young people will be offered.

In response to the noble Lord, Lord Watson’s correspondent, and the fight against BTECs fizzling out, I think we could agree that the fight for quality is certainly not fizzling out in any way. I am not sure there ever was a fight—but anyway.

Before closing, I thank all noble Lords here today, many of whom have contributed to debates throughout the passage of the Bill. I pay particular tribute to the Front Benches, to the noble Lords, Lord Watson and Lord Storey, and the noble Baronesses, Lady Sherlock, Lady Wilcox and Lady Garden. I say two things to the son of the noble Lord, Lord Watson, who is sitting on the steps of the Throne. I share the aspirations of the noble Lord that our reforms are bedded in, and I hope that his son and all his classmates will have a great range of opportunities. I also remind him that what he sees in this House today is the tip of the iceberg of the work that the noble Lord and his colleagues have being doing over the last few months to get this Bill to where it is.

I also thank the many former Education Ministers and Secretaries of State in this House whose insights we have benefited from—my noble friends Lady Morgan, Lord Willetts, Lord Baker and Lord Johnson, my noble and learned friend Lord Clarke and the noble Lord, Lord Blunkett. I also say special thanks to my noble friend Lady McGregor-Smith. She has been a great mentor and helped me to understand how this Bill will work in practice.

I also thank my noble friends Lady Penn and Lady Chisholm for their support. I thank the Bill team officials who have worked on the Bill—Kady Billington-Murphy, Ellie-May Morris, Emma Sisk, Lois Clement, Georgia Scoot-Morrissey, Charlotte Rushworth, Katrina Leonard-Johnson, Catherine James and Stephen Wan. I especially thank Jessica Clark in my private office, who has been an exemplar of calmness under pressure.

Motion A agreed.

Education: Multi Academy Trusts

Baroness Barran Excerpts
Wednesday 6th April 2022

(2 years, 1 month ago)

Grand Committee
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Baroness Barran Portrait The Parliamentary Under-Secretary of State, Department for Education (Baroness Barran) (Con)
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My Lords, I thank my noble friend Lord Lingfield for securing this important debate and congratulate him on his vision, so long ago in the mid-1980s, in the work he proposed at the time. As we all know, it is still a work in progress but this Government are committed to delivering on it.

As noble Lords have said and as set out in our recently published White Paper, our mission is that by 2030, 90% of children will leave primary school having achieved the expected standard in reading, writing and maths, and that at key stage 4 the average attainment in both English and maths will increase to grade 5. Currently, the average for children at key stage 2 is 65%, and for children with special educational needs it is around 22%. As my noble friend Lady Berridge pointed out, that is unacceptable and it is that on which we need to focus. I also thank her for her kind words, and possibly the best ministerial handover breakfast that either of us will ever have.

Strong multi-academy trusts—I stress “strong”—are absolutely central to achieving this ambition. Our priority is to extend their impact across the whole country, particularly in areas of high need. We want to remove barriers to conversion for all types of school, while strengthening the system in regulation and accountability, and making sure that every actor in it has a clear role. We believe that this will level up standards and ensure that every child has the best possible opportunity to succeed in the future.

The noble Lord, Lord Watson, gave examples of how we would do this that related to chapters 1 and 2 of the schools White Paper, I think. He rightly said that this is done by having great teachers for every child, and the Government entirely agree. He also said that it is done by having a really strong curriculum based on evidence and supported by excellent behaviour and attendance—those are my words, not the noble Lord’s, but I do not think that he would disagree. As your Lordships are aware, that is supported by the parent pledge.

I must correct the noble Lord’s statement—forgive me if I do not quote him accurately—that the department picked a headline and then picked the facts to meet it because we had already conceived the policy. I give the noble Lord my word that I worked really hard with excellent officials on that and that is just not the way that we did it. We started with the targets that we wanted to achieve and looked at the evidence for how they could be delivered, and that is what your Lordships see in the White Paper.

We know that this matters so much because teachers and staff in all schools, whether maintained schools or academies, have been working tirelessly, particularly over the last two years, to achieve excellent outcomes for children. Trusts have been able to support teachers in schools where that challenge is greatest. The noble Baroness, Lady Blower, questioned why we referenced the seven out of 10 sponsored academies. Those were schools that were inadequate—many of them were failing for many years, as my noble friend pointed out—and had failed several children in the same families. We put that in bold because the successors of 434,000 children who were in inadequate schools are now in good or outstanding schools. Some 600,000 children in this country are still in inadequate or double-RI-plus schools. We are absolutely determined to make sure that we see an end to that.

On the NEU research that both the noble Lord, Lord Watson, and the noble Baroness, Lady Blower, referred to, I note that the noble Lord, Lord Watson, used the term “manipulate figures”, and I hope that he might retract that statement. I would be delighted to meet with both noble Lords. We are preparing a formal response to that paper, as we believe that there are misunderstandings, at best, within it. The claims are based on selective data and misrepresent the published evidence. As I say, we are preparing a full response for the NEU, and I would be delighted to take both noble Lords, and any other noble Lord, through the data that we used in putting together our proposals.

As I have said, we want all children to be educated in strong trusts, but we know that the system remains mixed at present, and many of our best schools operate alone. On my noble friend’s point about single-academy trusts, I say that they have so much to offer the system, with their leadership and innovations, and we want that to be shared across schools that do not currently benefit. Whether that comes from a single-academy trust or a maintained school, our focus is on quality, and we need some of those trusts to grow. Those that fall short of our expected standards need to be replaced with much stronger ones.

We want to ensure that every pupil is educated in a strong trust, and we set out the five key characteristics of a strong trust in the White Paper: first, that there should be a high-quality and inclusive education; secondly, that there should be sustainable school improvement; thirdly, that there should be training, support and opportunities for teachers throughout their careers; fourthly, that there should be strong strategic leadership and governance; and fifthly, that there should be effective financial management.

In his speech, my noble friend thoughtfully explored the question of the size of multi-academy trusts. We are not pursuing size for its own sake, but if we think of our priorities in terms of educational outcomes, the hierarchy is a well-supported workforce, strong governance and financial efficiencies. We must have educational performance as the first and we believe it cannot be done without a well-supported workforce and strong governance. We are not pursuing size for its own sake. My noble friend is right that there are some great smaller trusts. Equally, I do not recognise some of the data that he referred to about the largest trusts, but I am more than happy to sit down with him to go through this. If I can name two of our best trusts, at the risk of offending others that deserve to be named, the Harris Academy Trust and the Star Academies Trust both have outstanding results and have done remarkable work in terms of school improvement. I am wondering whether some of the data that my noble friend is looking at includes schools that were recently failing and have just gone into those trusts, because they have done a lot of the heavy lifting—not just those two, but others—in turning around very weak schools.

The noble Lord, Lord Storey, and other noble Lords referred to CEO pay. We take it extremely seriously. There are two issues that we need to think about, as I said in our response to the noble Lord. One is the absolute figure. I do not know whether the right metric is to look at the Prime Minister’s salary, and we have to be careful because often the figures quoted include pensions and other benefits and are then compared with salaries. There is, of course, an issue about absolute levels, but there is also an issue about value for money. On that point, the largest trusts offer much the best value for money. If you look at CEO pay or overall leadership pay per pupil, they offer the best value for money. We now have trusts which have responsibility for 75,000 children. We need to get the best people to lead them.

The noble Lord, Lord Storey, and the noble Baroness, Lady Blower, talked about the importance of local. We heard it loud and clear, not just from your Lordships but in our engagement with schools ahead of the White Paper. We are very clear that that is extremely important. The data from the 2021 National Governance Association report showed that 76% of trusts have a local committee for each academy in their trust and a further 12% have a local tier of governance which oversees a group of academies, so 88% of trusts already have some form of local governance in place, but we agree that it is important. To clarify, as the noble Lord, Lord Watson, asked, we are not forcing schools into trusts.

My noble friend asked about the incentives in relation to rural primaries. It is that ability to collaborate, share resources and make a more resilient network of schools. I was lucky enough last week to visit the Old Cleeve First School in west Somerset, which has a grand total of 91 pupils and is part of the West Somerset Academies Trust. The people there gave me two examples—one in relation to the national tutoring programme. As a stand-alone school they would never have been able to participate, but they were able to share a member of staff across three schools in the trust. They also talked about the career opportunities for their staff, which would normally be very limited in a school like that, where you have two forms learning together—so a very small staff team, which is able to move to other parts of the trust.

I would like to set the record straight in relation to the remarks made about the curriculum. Some trusts have a curriculum which they expect all the schools and their trusts to follow; others will give schools in the trust more flexibility. There is really a range—so it is wrong to describe it as such; but I am interested, and I hope that after the debate I will be able to talk to your Lordships about the impact on workforce. On the one hand, we know that the workforce is under pressure but, on the other hand, we have pushed back, and it is something that could save teachers so much time if they have a well-sequenced curriculum to work from.

I cannot accept the point about a lack of transparency on accounts. There is so much greater transparency in the academy sector than there is in the maintained sector.

My noble friend Lady Berridge talked about the importance of focusing on disadvantaged children. I agree with her absolutely; that is why she will have seen that we are targeting a particular investment in educational investment areas, those local authority areas with the highest need and the most entrenched underperformance of schools. I thank her for the welcome for the consultation, which I think she did a great deal of work on, on being able to require schools that have had two judgments below good from Ofsted to join a multi-academy trust.

I thank my noble friend Lady Fleet for all her work in the area of music education, particularly in relation to the national music education plan, which she and I are both looking forward to being published—and not just published but seeing implemented in schools across our country. My noble friend gave some excellent examples of MATs that are really using music as part of the curriculum to great benefit. Certainly, our understanding is that many music teachers might find themselves working in isolation in individual schools, and working in a MAT can be a real benefit in continuing professional development, sharing resources, adding capacity to their teams and giving opportunities for progression.

We also believe that lengthening the minimum school week will benefit some of the curricular and extracurricular enrichment activities.

My noble friend Lady Berridge talked about the risk of capital and use of data in weaker responsible bodies with poor buildings. We have significantly improved our data on the condition of the school estate, including through the condition data collection. Its successor programme, CDC2, will visit every school again in 2026. We also ran a pilot of a capital adviser’s programme in 2021 to test how professional advisers could support trusts to manage their estates more effectively, and we will consider how that can be rolled out further.

My noble friend asked an important question about how long it takes and what the average time is to transfer a school into a trust. I shall write to her on a number of questions. On that issue, I am not sure that the average is really meaningful. The majority of schools are moved in a reasonably straightforward way, then there is a tail of schools, which are extremely difficult and may go on for many years. That is clearly unacceptable, which is why we have set up two MATs—the Falcon Education Academies Trust and the St Joseph Catholic MAT—which can act to hold those schools on a temporary basis until a sponsor is found.

Lord Watson of Invergowrie Portrait Lord Watson of Invergowrie (Lab)
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The Minister is talking about schools moving into MATs. Both the noble Lord, Lord Lingfield, and I asked why schools cannot move from one MAT to another or move back into the maintained sector, if they feel it is in their interests to do so.

Baroness Barran Portrait Baroness Barran (Con)
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I have got that, although I am well out of time—but the noble Lord has given me permission to overrun. We are going to consult on the ability under certain circumstances for schools to leave a MAT, if they feel that there are good reasons for that; it is something that we will consult on and explore in some detail.

I am well over time, and I shall write to your Lordships on any questions. In closing, the White Paper is the start of a journey towards a stronger and fairer schools system, with children benefiting from high standards in all areas of the country. It is a journey that will depend on us supporting and empowering our greatest leaders in education; it will depend on us working with parents to make sure that their children achieve their potential wherever they are born, and it is probably the most important journey that any of us will take.

Special Educational Needs and Disabilities Review

Baroness Barran Excerpts
Wednesday 30th March 2022

(2 years, 1 month ago)

Lords Chamber
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Lord Addington Portrait Lord Addington (LD)
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My Lords, first I remind the House of my declared interests in this field: I am dyslexic; I am president of the British Dyslexia Association; I am a long-established user of assistive technology and chairman of a company that provides that across the education and working sector.

The best thing about the system is acceptance of the problem. In the current system, you are advised to get legal advice to get the best results. If ever there was a definition of failure, that is it: people cannot get the help they need from the mainstream system which the law dictates unless they have legal support. There really is no bigger condemnation, and I congratulate the Minister on bringing forward something that recognises that. The system we have has not worked. It has not worked for a variety of reasons, mainly, I feel, because the school process, whereby schools take money out of their budgets to support individual pupils, is counterintuitive to the school. They can take £6,000 out of their mainstream budget to support a pupil, but not put £6,000 into training staff to meet the recurring needs.

We talk about pupils with a commonly occurring condition, but I agree that this is not the full package: there is a range of subjects and most people who come into this category have a cocktail of conditions. If they are lucky, with good parents—the tiger parent—fighting for support, a bit of resource, they generally get a decent result, even if they have to pay lawyers. If they do not have that, they get a bad result and will end up in alternative provision. Can the Minister give me some idea about how those who will initially be below the threshold for intervention needed for the plans will get help and support? I cannot see how that will occur.

The noble Baroness will say something positive about SENCOs, which is good, but it requires more than that. It requires a recognition strategy caused by having good teachers, teachers with knowledge, in place to identify and get help in early. Because we all know that is the way it works: identify early, get strategies in place, get structure, and there is less resistance from the pupil. How will we do that with this system? How will we make sure that the system knows what it is doing when somebody starts to fail? Are we going to have a degree of flexibility built into this national plan?

Why can I never remember the exact name of the phonics system? It is specialist synthetic phonics. The Government say that the phonics system is suitable for everybody; guess what? The British Dyslexia Association, the biggest individual group, says it does not work for dyslexics, so we will need an alternative provision of teaching and how to implement that throughout the system to get the best out of the biggest cohort. It is not the only cohort, but it is the biggest. How will we do that? How will we make that work if we do not have a degree of flexibility built in and do not address the fact that certain people will always struggle?

We cannot ignore what happened yesterday. Apparently, 90% of pupils in this country are going to reach literacy standards. I have already identified 10%—and that is a conservative estimate—of those who will have extra problems with reading and writing. We can also stick on 5% or 6% who are dyscalculic. But wait, look at the good news—some of them are included in the first 10%, so they actually have multiple disability problems. It is called “comorbidity”, but I think that “co-occurring” sounds better. You can stick dyspraxia and autism in there, and they are just the hidden disabilities. How will we achieve this unless there are people who can identify early, and not take it to this system of struggling identification? I quite understand that the Minister may well be able to make it less legally driven, but there is a danger that it will go back there.

I hope that the Minister can give us some idea about guidance. If the Government want to achieve their high literacy levels, how about someone who word processes by talking and listening to their computer, as opposed to just tapping the keyboard? That is available to everyone. I know that the Minister has had some experience with this; she is the first Minister I did not need to show this technology to.

A slightly more flexible approach will get far better results here. If the Minister can assure us that, with guaranteeing standards, they agree with that flexibility, all things are possible. If we go back to saying, “No, this is the way we should do it”, and having conflicting stories, we will just have failure—it may not be quite as bad, but we will still have failure.

Baroness Barran Portrait The Parliamentary Under-Secretary of State, Department of Education (Baroness Barran) (Con)
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My Lords, I thank both noble Lords for their remarks and acknowledge the opening positivity of the noble Lord, Lord Watson. I genuinely believe that the reason his initial response to the review was positive—“buts” permitting—was because my ministerial colleagues and officials in the department have worked really closely with parents, carers and young people with disabilities. This review has been co-created with them, and we thank them enormously for their time.

The noble Lord, Lord Addington, rightly highlighted the adversarial system which we face today, with parents feeling forced to go to a tribunal to get suitable provision for their children. We really believe that our plans will lead to much greater transparency about what is available for their child in their local area, and much great clarity about how it can be provided. We very much hope that, combined with our offer around mediation, parents will feel that their voices are heard—and heard early—and that their child’s needs can be met, ideally, as close to home as possible.

Both noble Lords rightly stressed the importance of early intervention, and I am sure that they also share our aspiration in terms of quality and consistency of provision. It is really striking—for example, when comparing local authorities and the percentage of children with an education, health and care plan who end up in a specialist setting—that the same child is six times as likely to end up in a specialist setting in one part of the country, compared with another. That spreads through the system, including those without an EHCP. We hope that one of the building blocks for earlier intervention will be clarity. This clarity will be achieved through new national standards which will set out which needs can and should be met effectively in mainstream provision, and the support which should be available there without the need for an education, health and care plan. It will also provide guidance on when a child or young person does need an EHCP and whether they need a specialist placement. I am sure that the House shares our concern not just for those children who are diagnosed late, but those children who are never diagnosed at all and do not get the support they need.

We also hope that reinforcing the provision that exists in mainstream schools for children with special educational needs and disabilities will help with early intervention. Our ambition is that we should have a truly inclusive education system so that mainstream provision, supplemented by targeted support when it is required—by which I mean those specialist interventions for children but also pastoral interventions—will allow them to thrive in a mainstream setting. We also want timely access for those with more complex needs to specialist support or placements in alternative provision.

We are trying to balance the work we are doing in consulting on and planning a system that works more effectively for young people with not waiting to make sure that the funding that the noble Lord, Lord Watson, referred to, gets to young people through their local authorities as quickly as possible. We are investing more in this system than we ever have. In 2022-23 the high-needs budget will be £9.1 billion, and it is set to increase further over the coming years. Therefore, we have made our commitments in revenue funding but also, critically, in capital funding, providing up to 33,000 additional places for children requiring specialist provision.

Looking to the future, the review proposes a system of funding bands and tariffs so that people better understand the level of future funding they can expect to receive. We will move to arrangements for funding schools directly, rather than through the local authority funding formula, but that will obviously take some time to implement. We also think that improvements in the quality of provision will be driven by the local inclusion plans, which every area will prepare in a multiagency way with their health and social care and education partners, and, critically, with parents and carers. That in turn will be reinforced by local dashboards, so that we have real transparency across the country about what is working, what needs more attention and how we can learn from one another.

The noble Lord, Lord Watson, referred to the 2014 reforms and the need to have really effective implementation. We are absolutely aware of the need to learn lessons from 2014. We are setting up a special delivery board, which will oversee the rollout of these policies. We are also establishing a £70 million change programme for this work so that we can test and refine proposals before we scale up.

In response to the noble Lord’s question about further education settings, we absolutely agree that they are an incredibly valuable resource for young people with special educational needs. Our proposals will allow FE settings to be absolutely clear about the support that they are expected to deliver for young people. We continue to work with stakeholders in that sector so that our proposals are shaped by their expertise.

On the questions from the noble Lord, Lord Addington, regarding dyslexia more broadly and the use of technology, it is fair to say that there is a range of views about the use of phonics for children with dyslexia and the right place for technology. I would be very glad, if the noble Lord would be interested, to arrange for him to meet colleagues in the department so that we can give the points he raised the time that they deserve.

In closing, the Government are ambitious for all our children. For children with special educational needs and disabilities, as for every other child, we are determined to build an education system where they can get the right support, in the right place, at the right time.

Baroness Chisholm of Owlpen Portrait Baroness Chisholm of Owlpen (Con)
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Can I ask my noble friend the Minister what the plan is for teachers to be able to identify children with special needs, particularly at an early age—as early as reception, where I feel things often start going wrong? It is also about being able to give parents support when they come forward, when they feel that there might be a problem with their child.

Baroness Barran Portrait Baroness Barran (Con)
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My noble friend raises an important point. She is right that early years education, even before reception, has consistently been proven to be absolutely fundamental to strengthening a child’s readiness for school and educational potential over their life, as well as for wider educational outcomes. We propose to increase the number of staff with an accredited level 3 SENCO qualification in early years settings to improve the special educational needs and disability expertise in those settings by up to 5,000 additional practitioners.

Baroness Blower Portrait Baroness Blower (Lab)
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My Lords, my noble friend Lord Watson has had a good deal more time to look in detail at this Green Paper than I have, but I look forward to some conversations about it with the Minister. My question follows rather well from those of the noble Lord, Lord Addington, and the noble Baroness opposite. One issue about early intervention is that there is a paucity, not to say an absence, of the study of child development in the initial stages of teacher training and education. Frankly, if teachers are not exposed to that in their period of training, they will be ill equipped to recognise these difficulties early in their career. I implore the Minister to have a little look at initial teacher training and education, just to make sure that everything that we are saying is consistent, so we really can address the needs of all children.

Having said, that, we have had two Statements on education in two days—it is great, is it not—and there is a great deal to welcome in this Green Paper. However, we must all acknowledge that there is much more to do for children and young people with special needs and disabilities. We all, I hope, acknowledge that the challenges are not new. As it says in the Green Paper, the pandemic has exposed and exacerbated pre-existing difficulties. Some of us in this Chamber who have been teachers will know, and will have been having an uphill struggle in saying, that there is enormous unmet need and enormous challenges. However, the Green Paper also helpfully says, on page 13, that

“We need a system where decision-making is based on the needs of children and young people, not on location”.


That is absolutely right. If a child has a need, it should be met.

It may be that the standardisation of the education and healthcare plan will help with that, and it may also help, as I think it suggests in the Green Paper, with some elements of reducing staff workload. But however much we have the ambition, the lived reality for children and young people has to be, as the book says, that they get the right support at the right time, so I applaud that.

Baroness Blower Portrait Baroness Blower (Lab)
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Is the Minister absolutely confident that there will be sufficient funding going forward? I have one specific question. Why is it that the special schools with alternative provisions will be free schools, when it is very clear that local authorities will have a significant role to play in the delivery of these improvements? Why can they not be commissioners of providers of schools?

Baroness Barran Portrait Baroness Barran (Con)
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In answer to the noble Baroness’s second question, they could potentially be presumption free schools. However, as she knows, all new schools are free schools. On early childhood development—this was not her question, but just to clarify—content on special educational needs and childhood development is part of the initial teacher training curriculum. I am extremely interested in early childhood development. As the noble Baroness knows, I ran a domestic abuse charity for many years, so I am looking forward to a longer conversation with her on that.

In relation to funding, the noble Baroness will know that we have moved fast to try to meet the increase in funding needs, which have gone up by 40% over the past few years. It has been an unsustainable situation, and we have worked hard with local authorities to try to manage the pressures they are under. We hope that this approach will mark a step change in the funding that is required and how it is spent.

Baroness Finlay of Llandaff Portrait Baroness Finlay of Llandaff (CB)
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My Lords, I should declare an interest having chaired the National Mental Capacity Forum in recent years; I have just finished doing so.

I want to ask about the children and young people with severe learning difficulties. I seek assurance that their plan towards adulthood includes looking at the strengths they have to maximally support them in their own decision-making and, where possible, ensure that they have adequate capacity to choose someone to hold lasting power of attorney in future for financial, health and welfare decisions. It is awful when they suddenly reach their 18th birthday and their parents find that they can no longer take decisions and have not made adequate provision ahead of time. Many of these young people have enough capacity, when carefully supported, to take the decision because they know what they need and who they trust to take decisions for them. It is much safer than leaving it up to fate later on.

Baroness Barran Portrait Baroness Barran (Con)
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The noble Baroness makes a very good point. Given that this is a consultation, I really encourage her to share that as part of her consultation response so that we can take it into account in our plans going forward.

Baroness Garden of Frognal Portrait Baroness Garden of Frognal (LD)
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My Lords, following on from the noble Baroness, I do not think that the Minister entirely answered the point about initial teacher training. What is being done in such training to ensure that every new teacher is equipped to recognise special educational needs? There is early and accurate identification of need, but they can do that only if they are trained to recognise the different types of disability that children might have.

The other thing I want to ask about concerns the new statutory SEND partnership. How will this plan differ from the plan that is in existence at the moment for children’s health and care plans? Can the Minister explain that too?

Baroness Barran Portrait Baroness Barran (Con)
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I understand why the noble Baroness talks about initial teacher training, although she will be aware that it is outwith the scope of this Green Paper. Our wider vision for teachers is that they should have opportunities for professional development at every stage of their career, whether that is initial teacher training, early career development or beyond. We will consult on creating a SENCO NPQ, which will give teachers who wish to develop in that area an opportunity to do so.

The noble Baroness also asked about the new approach. Some of the difference will be around clarity. First, the new approach brings together special educational needs and disabilities and alternative provision. As the noble Baroness knows, one of the things the pandemic high- lighted was the number of children in AP with special educational needs and disabilities, so we want to bring those together. We want absolute clarity around standards of provision and on roles and responsibilities. We also want much clearer accountability and the partnership to work in a coherent way, including with the partners I mentioned in response to an earlier question.

Baroness Bennett of Manor Castle Portrait Baroness Bennett of Manor Castle (GP)
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My Lords, returning to a theme that has been at the centre of our discussion, the Early Years Alliance did a survey of its providers in preparation for the Green Paper. It found that three-quarters of them had seen an increase in the number of children with formally defined SEND over the past two years, while even more—84%—believed that they had children whose needs had not been identified formally but were clear to them. The survey covered a really disparate group of nurseries, pre-schools and childminding professionals. Some 40% of them said that they get no extra funding now; 87% of them said that they do not get enough funding to meet the quality of care they believe is necessary; and 56% of them said that they had had delays in getting funding. Is the Minister really confident that there is enough in this Green Paper, with the reorganisation and redrawing of boundaries and responsibilities being put on local authorities, to address these issues? Do we not need massively more resources to be put into this stage, which the paper identifies as absolutely crucial?

Baroness Barran Portrait Baroness Barran (Con)
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The Government are putting significantly more resource in. I absolutely hear what the noble Baroness says but I hope she also accepts that we have little consistency in how we identify children with special educational needs and disabilities. Of course, their needs are at varying levels and require varying levels of funding to address them. Just from visiting mainstream schools, I know that there will certainly be great variations in the percentage of children identified with special educational needs. Sometimes that is because of great early intervention that has addressed and dealt with their needs; other times, it is because of poor intervention; other times, there are different reasons. However, every local authority will attract a funding increase of at least 12% per head for their two to 18 year-old population in 2022-23, with some local authorities seeing increases of up to 16% compared with the previous year. I hope the noble Baroness acknowledges that we are really committing money to sort this out.

Lord Bishop of Durham Portrait The Lord Bishop of Durham
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My Lords, I declare my interest as chair of the National Society, which leads the Church of England’s education work.

I hope the Minister will be pleased to hear that, in response to yesterday’s Green Paper, the Church of England has established a national network for SENCOs at primary and secondary levels, partly to get their opinions on how we should respond but also to offer development in future. However, I want to continue to pursue the early years question. Understandably, this is about education and social care. The first 1,001 days of life are the most crucial. Nothing here refers to the development of family hubs and the work of health visitors in the pre-two context, where some discernment ought to be available. Can the Minister comment on the join-up between the development of family hubs and the really early years?

Baroness Barran Portrait Baroness Barran (Con)
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I start by asking the right reverend Prelate—I am sure I speak on behalf of my ministerial colleagues as well—to share how warmly we welcome the creation of the networks. We very much look forward to their contributions to the consultation. In relation to family hubs, he is absolutely right that they are critical to this task of early identification. Obviously we have already announced our plans on family hubs; we are excited at the potential for multiagency working so that we can identify and support as early as possible. As the right reverend Prelate knows, family hubs support the whole family through to when the child reaches maturity; whether it is early or a bit later, they are there to help.