Education Bill

Baroness Benjamin Excerpts

Thursday 30th June 2011 Grand Committee

[Baroness Massey of Darwen]

My Lords, I should like to know where the parents are in this. If I were the parent of a child who had been searched at school by a same or opposite sex—but particularly opposite sex—teacher, I think I would be mightily cross if I had not been informed. If I were a head teacher, I would hate to be on the receiving end of a parent’s anger at their child being searched. The witness should ideally be a parent. Has that been thought of in the Bill? Are parents excluded from this procedure? It is an issue that should be considered.

[Baroness Benjamin]

My Lords, Barnado’s deals with a lot of children who have been groomed for sexual acts. If a child who had gone through that kind of procedure were searched at school, it would have a devastating effect on them. I remember once launching one of our projects for Barnardo’s—I declare an interest as one of the vice-presidents. I put my arm around a young girl because I always like hugging people, but when I did that she flinched like an animal. I wondered why and the counsellor told me that she had been groomed since she was a 10 year-old child. She was now 15 and people showing her any type of affection had a devastating effect on her. Imagine what that girl would go through if she had to be searched at school. I fully support my noble friend Lady Walmsley’s amendment. This is something that should be carefully thought through before we put it into the Bill.

[Lord Sutherland of Houndwood]

My Lords, we are in difficult and delicate territory. We accepted that when we discussed related points on Tuesday. However, there is a need to lean in the other direction and expose the argument. My focus is particularly on the question of having another witness available. I realise and accept that being searched by someone of a different sex is a more complex matter, and maybe we need to differentiate these two.

I make the point about whether another witness is necessary by quoting what my noble friend Lady Perry said on Tuesday. “There are crisis incidents” she said, and:

“At that point, a teacher has to take action”.—[Official Report, 28/6/11; col. GC 230.]

I am concerned about the parent who discovers that their child has been injured at school when perhaps an intervention would have made a difference.

This is a difficult point to make, but the issue in principle that we touched on and now face full on today is whether the legislation should preclude the possibility of a teacher exercising judgment. We all have the respect for teachers that we properly should have and we have insisted on the need for professional training and back-up. That is why the training has to be school-wide, not just for a specialist teacher who does this kind of thing. However, can we not leave room in the legislation for crisis incidents and for the exercise of good professional judgment by a teacher in a situation in which we hope none will be tested?

--- Later in debate ---

I remember from when I was a teacher that some of the most valuable discussions I had, long before all this, came from case studies of a particular child or family. We brought in all the agencies, or as many as we could at that stage, who were responsible for that child. Those case studies were time-consuming but often addressed the given child’s situation—why that child could not learn, why that child was absent and what was going on. All the agencies could share that information. The ideal scenario now is that all the agencies we have talked about today should be able to share their experiences of a child and should be encouraged to do so.

[Baroness Benjamin]

My Lords, childhood lasts a lifetime. Whatever children go through at an early age will stay with them for ever. Children’s well-being should be at the heart of everything we do in society. It should begin at home, but that is not always the case. However, it definitely needs to happen at school. Today, many children face difficulties in their lives. For some, life is like a marathon; it is relentless and the challenges that they face are unbearable. Some even die because of those challenges. The children who are victims and who are vulnerable need schools to support them. Schools have a duty to help them through the traumas that they might be going through by having strategies in place to cement the solid foundation needed to address children and young people’s well-being.

Many schools have such strategies in place and take this responsibility seriously. I visit schools up and down the country to give inspirational talks to children and young people. I often identify children and young people who need support, and discover what they might be going through mentally, physically and emotionally. It is so rewarding to know that you can make a difference to a young person’s life by giving them support and making sure that their well-being is addressed. It is the responsibility of us all to make sure that this happens time and again. We should have joined-up policies to make sure that it does. I fully support the amendments in the names of the noble Lord, Lord Laming, and the noble Baroness, Lady Whitaker. If we can do this, we will do a just service to our children and our young people across the country.

[The Earl of Listowel]

My Lords, I thank my noble friend Lord Laming for tabling these amendments. I have just one quick question for the Minister, following on from the question of the noble Lord, Lord Touhig, who talked about the impact on children with special educational needs. What does he think the impact might be on children in the care of local authorities? In principle, I can see that outcomes might be improved if there is at least a strategy that involves schools working with local authorities and thinking about how children’s homes and foster carers could be better meshed into the system.

Schools already have various duties with regard to looked-after children, but this might be another means of promoting outcomes for them. I should be grateful to the Minister if he circulated some copies of the plans for children and young people. I suppose it would be fairly easy for me to find those plans in the Library, but I should be interested to see how they work. I recognise the Minister’s drive to reduce bureaucracy, and I wonder whether the legislation is perhaps going a bit too far in trying to right that wrong.

Finally, I share the noble Baroness’s concern about the academies process. There are many positive sides to it, but there is the danger of schools becoming atomised, and the process would seem to add to that risk. I look to the Minister for reassurance in his reply.

--- Later in debate ---

[Baroness Benjamin]

My Lords, I, too, support what the noble Baroness, Lady Howells, has said. I feel very sad that three people of culturally diverse backgrounds have had to bring up this point. I should like the Minister to respond to her and for others to be part of this conversation.

[Lord Hill of Oareford]

Forgive me, my Lords. I meant no discourtesy to the noble Baroness, Lady Howells, and I hope she will understand that. I meant no discourtesy to any noble Lord in my reply. I am grateful to noble Lords for having raised the point and for reminding me that I did not do so. I was responding to the specific points relating to SEN. I obviously accept the point that the noble Lord made about exclusions and disproportionality, and the statistics speak very powerfully. That is precisely the sort of issue that the exclusion trials ought to take into account. Regarding where we have got to on the trials, my understanding is that we want to look at a range of issues concerning exclusions in different parts of the country and in different settings. It would be absolutely right to do that. If it would be helpful, clearly I would be more than happy to speak to the noble Baroness and to bring together some officials who can explain where we are with the trials. We could have a conversation to make sure that these important points are picked up.

Education Bill

Baroness Benjamin Excerpts

Tuesday 28th June 2011 Grand Committee

[Baroness Massey of Darwen]

I, too, have had grandchildren at a Montessori school and I have a great regard for the system. Why are we suddenly throwing in Steiner schools when they are not mentioned in the amendment? I understand that there are good reliable figures to show the effectiveness of the Montessori system; are there such figures for the Steiner system? I simply do not know.

[Baroness Benjamin]

My Lords, I support the amendment. I, too, have great admiration for the Montessori system because my daughter went to a Montessori school and it got the best out of her. I believe that young children need to be excited by learning, by discovering who they are, by play and by forming their own self-opinion and doing things that are beyond them. The Montessori system is one of the best ways of getting children to understand who they truly are, especially if they then go on to conventional education in schools. It broadens their outlook, it makes them excited about learning and the amendment should be supported by everyone in the Room.

[Baroness Hughes of Stretford]

I also agree that Montessori offers a high-quality experience for children and one would want to support it. In talking about Montessori and supporting it, I was very keen that more children from disadvantaged backgrounds should be able to access this high-quality provision. What progress has been made in the proportion of children from disadvantaged backgrounds who now attend?

I would not have thought that mapping the qualification is an insuperable problem. I am sure the Children’s Workforce Development Council will be positive in resolving the issue. When the Minister replies, will he enlighten us as to what is going on in the CWDC? It has been doing good work in raising the level of qualifications and ability of early-years professionals, in improving the infrastructure of qualifications and in supporting all parts of the sector going forward. I understand that the Children’s Workforce Development Council is going to be brought in-house and that its annual grant of £110 million has been taken away, as has its non-departmental body status. What are the implications of that for the progress that has already been made in early years and for continuing that progress in raising the level of qualifications and so on which we are all so concerned about?

--- Later in debate ---

[Baroness Walmsley]

It may be convenient for the Committee if I answer the question just posed by the noble Lord, Lord Sutherland, about Amendment 20. I think that was a slight misunderstanding of the amendment. My noble friend meant that no teacher other than the security staff could be required—in other words, forced against their will—to carry out a search if they did not want to.

[Baroness Benjamin]

My Lords, I support several of the amendments in this group but would like to focus on black and ethnic minority children. If you ask any black young man how many times he has been stopped and searched in the streets, you will find that it has been more times than his white equivalent. In some cases, there is a just reason to do so and some young people warrant the action of being searched. This does not mean that everyone should be categorised in the same way. Sometimes there needs to be a sympathetic approach towards young people who have what can perhaps be described as a “street attitude” or come from backgrounds where there is little or no parental or family support or guidance. There needs to be understanding of what might be going on in that young person’s life to make them behave in a certain way.

The same can be said about young people in schools today. Stop and search has become an accepted attitude towards many young black children and young people. Sadly, many of them will most likely grow up having to face the same ordeals and indignities as generations before them. This leads to young people feeling worthless, disillusioned and having an anti-social attitude—they act in the way that they believe they are expected to by society. Many look to gang culture to feel safe, accepted and important. It is a case of safety in numbers in order to survive. Those misguided young people need our help and understanding. They do not need to be condemned and vilified.

As touched on by the noble Baroness, Lady Jones, earlier, many are concerned that the power of members of staff to search pupils could result in disproportionate numbers of black children being searched. If black pupils are searched more than other pupils or feel unfairly targeted, trust may be undermined, potentially leading to more negative behaviour in the classroom. Evidence shows that black Caribbean boys in particular are disproportionately excluded from school and routinely punished more harshly, praised less and told off more. Explanations for this cannot be attributed solely to things like culture, class background or home life, and government research concluded that teacher’s attitudes—sometimes subconsciously—towards black children can be a contributing factor.

Given the overrepresentation of black Caribbean children in other areas of discipline, it is likely that they will be disproportionately searched under this new power. As the Runnymede Trust and others have argued elsewhere, institutions are required by law to assess the impact of their policies upon individuals from different ethnic backgrounds under the Equality Act. Given this legal requirement, I plead with the Minister to make sure that careful monitoring takes place of those searched in schools and action is taken to decrease any arising disproportion.

[Lord Elton]

My Lords, I echo something that the noble Baroness just said. The carrying of a weapon is often an essential part of a person’s sense of security. If he is in a community where everybody else carries a weapon outside, he will bring them into school. We are probably going down the wrong road by treating searching as the response to an emergency. I know as a former teacher that the emergency arises when the weapon has been produced. A knife was produced in a class I was teaching. It was quite a large knife, but luckily the owner of it was slightly smaller than me and there was no struggle. We had a discussion and it ended amicably. I am very much aware of the little thrill of horror that went through me when I first saw it and of the need for teachers to be protected from that.

Searching is preventive. It is not to discover something in an emergency but to prevent the emergency arising by applying the search before the weapon can be used. One way is if the whole school is searched when everybody goes in, as you are at an airport. Another is if the whole class is searched because there is known to be a problem there. But to search individuals can produce exactly the difficulties to which the noble Baroness referred. This needs a good deal more practical thought about what happens on the ground, rather than just legislative thoughts about how easily it could be provided from an administrative point of view. We have not yet got to a point where we should legislate. There needs to be much more discussion, perhaps outside this Room as well as inside it.

Children: Ofsted Report

Baroness Benjamin Excerpts

Wednesday 25th May 2011 Lords Chamber

[Lord Hill of Oareford]

My Lords, that is an extremely good point. The group that my honourable friend Mr Loughton has set up to advise him on responding to the Munro review includes health service representatives, I believe, but I shall speak to him specifically about the point to make sure that the importance of the role of health professionals that the noble Baroness emphasises is properly taken into account.

[Baroness Benjamin]

My Lords, we all know how vulnerable some children are because of adults who prey on them and get away with abusing them, as children do not always know how to protect themselves from abuse. What are my noble friend’s expectations of local authorities and their partners, including schools, about informing children of their right to protection from violence and the assistance that is available to them to keep them safe?

[Lord Hill of Oareford]

My Lords, one of the themes coming out from the Munro review and the Ofsted report, which I think is widely accepted, is the need to make sure that all our child protection systems put the interests of the child at their heart. The underlying critique that Professor Munro has developed is that, over time, the system has become more focused on a box-ticking, prescriptive approach, rather than putting the interests of the child at the heart of everything that we do. I accept the point made by my noble friend: we need to make sure that children are aware of their rights and the avenues that are open to them. The Ofsted report highlights the fact that children do not have a loud enough voice in the processes as they currently operate. We need to try to redress that balance.

Children: Adoption

Baroness Benjamin Excerpts

Tuesday 10th May 2011 Lords Chamber

[Lord Hill of Oareford]

I very much agree with the point about the complexity of the issue and the need to look at all the issues in the round. The points that have been raised to do with court processes, finding suitable adopters, speeding up the process and tackling obstacles are all extremely important. As the noble Baroness will know, in responding to Munro my honourable friend Mr Loughton will take advice from an expert group on precisely these issues. He will come back later in the year to pull the various strands together and, I hope, come up with solutions. The whole House, irrespective of from where we are coming on some of these issues, will share the view that we need to find more good adoptions for the children who need them most.

[Baroness Benjamin]

My Lords, voluntary adoption agencies such as Barnardo’s—I declare an interest as a vice president—welcome the Government’s focus on adoption. However, for adoptive places to succeed there needs to be long-term commitment. Are there any plans to ensure that specialist therapeutic services and multi-agency support for adoptive families are made more widely available so that adoptive placements succeed, especially for older children who come from a traumatised or abused background?

[Lord Hill of Oareford]

I agree with my noble friend about the importance of support services and specialist support services. Part of a good solution to the problems of adoption is finding a bigger supply of adopters, speeding up the process and supporting those families who have adopted children. On her specific point about what support might be available, I will follow that up with my honourable friend Mr Loughton and respond to her in more detail.

Children: Early Intervention

Baroness Benjamin Excerpts

Thursday 17th March 2011 Lords Chamber

[Baroness Benjamin]

My Lords, I, too, congratulate my noble friend Lady Walmsley on securing this debate as it deals with matters very close to my heart. I congratulate my noble friend Lord Storey on his passionate maiden speech and the right reverend Prelate on his excellent speech too.

For many years now, because of my professional and charitable work with and for children and young people, I have always advocated that early intervention is the answer as regards prevention of much pain, suffering and unhappiness later in life. Research has shown that 40 per cent of children with conduct disorders at the age of eight will go on to have repeat convictions, and 90 per cent of convicted adolescent offenders show conduct disorders. Therefore it is crucial to put early intervention in place and to work with families when difficulties first become apparent or, better still, before damaging patterns in family relationships become entrenched.

Children need to valued and loved, and not blamed, vilified or labelled. One of the ways in which we can intervene to help children to find themselves and to come to terms with fears, anxieties, death, stress and being abandoned or unwanted is play therapy. Play therapy offers a way of working with the child that is child friendly and uses the language that all children understand: play. I declare an interest as patron of the British Association of Play Therapists, which believes that filial therapy—a child-centred, non-directive play therapy—is uniquely placed to help not just children but their parents to improve their emotional well-being, and that that should be in place almost as soon as a child is born in an “at risk” situation, with parents or carers learning from the start how to have empathy with the child, how to listen, how to respond, how to set boundaries, how to discipline and how to show the child love and affection. I always say that a hug a day keeps the doctor away and there is nothing like a hug to make a child feel special.

Filial therapy is an effective therapy to help children modify their behaviour, clarify their self-concept and build healthy relationships. In play therapy, children enter a dynamic relationship with the therapist that enables them to express, explore and make sense of their difficult and painful experiences. Play therapy helps children find healthier ways of communicating, develop fulfilling relationships and increase resilience, and it facilitates emotional literacy; it allows them to express things they cannot put in words. It also allows the play therapist to have a glimpse into the child’s inner world and to gain some insight into the way forward to help that child, from as young as three upwards, with this healing process. It is one of the safest ways of working with children of all cultures. This type of therapy is so valuable because it is in the child’s control: they can move as fast or as slowly as they feel safe, stop when they feel closer to being overwhelmed and engage in repetitive play for as long as it is necessary to gain mastery over whatever the issues are.

I believe not enough consideration is given to the effects of what nowadays have become almost everyday occurrences in some children’s lives: domestic violence, alcoholism, divorce, separation, sexual and physical abuse, neglect, adoption, and fostering. They all play a part in causing conduct disorder and the craving for a loving, safe and happy parental attachment. Therefore I strongly believe that it is important to raise the status of parenting, starting in schools with helping teenagers to understand that caring for children is not just about feeding and clothing them. It is about understanding the importance of attachment and attachment behaviours, which is more than bonding—it is the ongoing relationship of the child with its primary carer. Broken attachments have far-reaching consequences for children, who find it difficult to concentrate in school and therefore to learn. Boys particularly need good role models these days, yet we have so many children growing up without a strong positive role model—they find themselves drawn into gangs, who give them that feeling of security. Parents and carers who themselves have been neglected, abused or troubled in childhood are known to be more at risk of developing difficult relationships with their own children. A lack of a secure attachment relationship can negatively affect relationships for the whole of their family life.

Research has shown that the first emotional stage in a child's life occurs during the first 12 months. This is what is sometimes called the “trust versus mistrust” stage, which is so crucial in forming attachment to parents. Neglect, abuse and emotional deprivation can all prevent a child passing through this stage, in which they can become stuck and develop lasting problems.

However, play therapy can help move a child through this stage. Filial therapy is invaluable at helping the parent or carer to understand and meet the child's emotional needs. Good attachments mean that children are more likely to form successful relationships in adult life. With the advances in neuroscience and brain scans, there is now vital information about the impact of different types of parenting on a child's brain. A newborn baby has around 200 billion brain cells but very few connections; however, when they reach the age of about 12 months, the higher brain has developed many more connections. The way these are formed is directly due to the child's experiences and in particular his or her emotional experiences with a parent or carer. It is not until around the age of seven that this process slows down and the communication and pathways between brain cells strengthen, so there is some scientific truth in the saying: “Give me a child until the age of seven and I will give you the man”. I believe—

[Baroness Garden of Frognal]

I apologise for interrupting but the time is up and we are right up against the clock at the moment.

[Baroness Benjamin]

I would like to finish. Many children are suffering. Some people believe that if we leave children like Baby P, they might go on to be abusers themselves and that the answer is to give them away. However, I believe that play therapy, delivered by highly experienced professionals, can offer a different chance for children.

While I know that we are living with cuts, will the Government seriously consider setting up a pilot scheme of filial therapy to work with at-risk children and their parents and to train more therapists to practise early intervention? That would save the Government money on NHS healthcare and the judicial system, and save money for society generally. Will the Minister also consider putting practical parenting classes on the curriculum to ensure that early intervention starts as early as possible? I always say that childhood lasts a lifetime, so let us do all we can to get it right from the start by using all the tools at our disposal. Thank you for being patient with me.

[Baroness Garden of Frognal]

My Lords, I respectfully remind your Lordships that we are up against the clock with this debate. When the clock goes to six, you have finished your six minutes. Thank you.

Youth Sport Trust

Baroness Benjamin Excerpts

Wednesday 8th December 2010 Lords Chamber

[Lord Hill of Oareford]

My Lords, I always listen with particular care to the points made by the noble Baroness. In a debate a few weeks ago, she made a very powerful intervention. I take her points very much to heart. My honourable friend Mr Loughton, the Minister for Children, is working with colleagues at DCMS to make sure that head teachers have the opportunity to express their views. As someone who could never have been described as an elite sports person—unlike the noble Baroness—I also agree very much with the point that we want to encourage participation for people at all levels, as well as making sure that there is a proper legacy.

[Baroness Benjamin]

My Lords, many of our Olympians and top sports stars were discovered and cultivated by sport specialists at schools and went on to make our country very proud—the noble Baroness is an example. Can my noble friend the Minister assure us that measures will be put in place to compel head teachers to spend money on sports and sport specialists, and not to divert funds into other areas at the long-term expense of sport and sporting legends?

[Lord Hill of Oareford]

I agree with the thrust of the point made by my noble friend about the need to make sure that sport is given due weight. Part of what we need to look at in our overall considerations is the review of the national curriculum, to make sure that the emphasis that PE is given—in particular the competitive aspects of PE—is properly reflected. Our contention, as the noble Lord, Lord Kinnock, suggested, is that we are trying to devolve responsibility and funds to heads of schools across the board to make those decisions. We expect that heads will want to continue to make sure that sport is given due and proper weight.

Children: Care

Baroness Benjamin Excerpts

Wednesday 24th November 2010 Lords Chamber

[Lord Hill of Oareford]

It is clearly not the case that the coalition Government are abandoning the principle that every child matters. I will look into the specific point that the noble Baroness makes about the website. That clearly is not the purpose. I hope that the priority that the Government give to caring for children, looked-after children and children at an early age is as strong as ever.

[Baroness Benjamin]

My Lords, I was recently contacted by a distressed grandmother because her grandchild was being taken into care by the local authority and it had not included her in its decision-making process. Can the Minister assure the House that, whenever there is a question of a child being taken into care, there is always a family group conference including wider family members who are willing to become kinship carers? Will he consider giving support, both financially and otherwise, to those kinds of carers who are willing to give a happy, stable home to vulnerable children?

[Lord Hill of Oareford]

All those points are very well made. I will follow them up with my honourable friend Mr Loughton to make sure that the force of those points is properly reflected in the department.