Schools: Children in Care

Debate between Baroness Massey of Darwen and Lord Nash

Thursday 7th September 2017 Lords Chamber

[Lord Nash]

I agree entirely with my noble friend that boarding can have great benefits for the right children, and we want to see more vulnerable children able to access it. My noble friend is quite right that boarding was more common at one time. Boarding school, with its 24/7 level of pastoral care, can be particularly suitable for vulnerable children, and that is why we are encouraging its use more widely and why we have set up the Boarding School Partnerships.

[Baroness Massey of Darwen (Lab)]

My Lords, has this scheme been evaluated, and, if so, how? Have children been asked about the success of the scheme?

Schools Update

Debate between Baroness Massey of Darwen and Lord Nash

Monday 17th July 2017 Lords Chamber

[Lord Nash]

The noble Lord makes an extremely good point. We all acknowledge the importance of continuous professional development. We must remember that teachers are initially trained for only nine months, most of which is in the classroom. We are looking at reforming initial teacher training. In multi-academy trusts, we are increasingly seeing much greater emphasis on continuous professional development throughout a teacher’s entire life, particularly in the first three to five years of their engagement in the profession.

[Baroness Massey of Darwen (Lab)]

The Minister talks about a world-class education. I am glad that at last the word “teacher” has been mentioned because teachers create world-class education. I go into schools and find head teachers desperate about losing teachers. Can the Minister say how this can be prevented?

[Lord Nash]

I think I have a Question tomorrow on teacher retention. Teacher retention is looking a lot better this year. I was referring to multi-academy trusts. We have seen a transformation in the past few years in career development opportunities for young teachers. Historically, a young teacher coming into the teaching profession in their early 20s could look forward to perhaps being a head teacher in 20 years. I can just about remember what it feels like to be in one’s early 20s, and 20 years is light years away. Now we are seeing young teachers becoming a head of subject in their mid 20s, a head of school responsible for teaching and learning, behaviour and safeguarding and parent relationships in their late 20s with all the rest of the administration, accounting and HR done by the MAT centrally, and becoming a head in their 30s, so the career development opportunities for teachers are much greater than they were. I am hearing consistently from people who work in multi-academy trusts that this is having a very good impact on teacher retention. We have an economy in which we are experiencing full employment in many areas in the country. The issue in relation to teacher recruitment and retention is not unique to this country, and it is not unique to the teaching profession. It is one of the consequences of having such a strong economy. The early signs are that teacher retention is improving.

Education: Nursery and Early Years

Debate between Baroness Massey of Darwen and Lord Nash

Thursday 23rd March 2017 Lords Chamber

[Lord Nash]

The noble Lord is extremely accurate in this, and I know he has great experience in this area from his career in the primary school sector. Of course the early years workforce is the sector’s greatest asset in ensuring that we continue to maintain such a high standard, with 93% of providers rated good or outstanding, in the future. The proportion of staff in group-based providers with a level 6 qualification, degree level or higher, is 10%; and 79% of staff in group-based providers and 69% of child minders have at least a level 3 qualification. Earlier this month we published the workforce strategy, which outlines a range of activities to help employers attract, retain and develop high-quality staff.

[Baroness Massey of Darwen (Lab)]

My Lords, I thank the Minister for that, and I am pleased that he mentioned the development of staff in his reply. I wonder if he could be more precise. Surely he will agree with me that the quality of service in education of any kind depends on the quality of the staff. Can he say something further about the notion of the qualified status of nursery school teachers and what the Government are doing to develop it?

Schools: Funding Formula

Debate between Baroness Massey of Darwen and Lord Nash

Tuesday 21st March 2017 Lords Chamber

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

My Lords, through our careful management of the economy, we have protected the core schools budget in real terms. In 2017-18, schools will have more funding than ever—over £40 billion—set to rise to £42 billion by 2020. The IFS analysis shows that per pupil funding in 2020 will be over 50% higher in real terms than in 2000. While we know schools are facing pressures, we know that there is scope for schools to become more efficient and we are supporting them to achieve this.

[Baroness Massey of Darwen (Lab)]

I thank the Minister for that interesting reply. Could he say whether he recognises the concerns of teachers at schools with more disadvantaged pupils, who are more likely to suffer than others under this funding formula? Could he predict what the future for those schools might be?

[Lord Nash]

I think that the EPI, to which the noble Baroness refers, supports our national funding formula and agrees that we should proceed with it, and it confirms that we will be focusing money on the disadvantaged.

Children and Social Work Bill [HL]

Debate between Baroness Massey of Darwen and Lord Nash

Monday 4th July 2016 Grand Committee

[Baroness Massey of Darwen]

My Lords, I want to say a word about personal advisers. The first thing we have to look at is who these children are and what their needs are. I have heard recently in the All-Party Parliamentary Group for Children and in the European Union sub-committee which is discussing a report on unaccompanied asylum seekers just how vulnerable these children are—and how, in that vulnerability, they may find it difficult to make decisions and have the confidence to choose or request a personal adviser. Their relationships have suffered so much by their experiences that they may not trust anybody. We need to look at the children first. They may of course not wish to have a personal adviser, while some of them may not know exactly what they want so might try out various support systems before they decide. Personal advisers should not be available on request but should be there automatically for those children who are so vulnerable.

[Lord Nash]

My Lords, I thank the noble Lords, Lord Wills, Lord Watson and Lord Hunt, for tabling this group of amendments. Let me begin with those amendments tabled by the noble Lord, Lord Wills, which would replace “former relevant child” with “care leaver” throughout Clause 3. I understand that the noble Lord’s intention is to apply provisions to all care leavers. I offer reassurance that the issue is already addressed in existing legislation. Different groups of care leavers and looked-after children are defined in legislation and I will set out how Clause 3 applies to them.

“Eligible children” are looked-after children aged 16 to 17 who are subject to the care planning process and the regular review that this brings. They are entitled to receive advice and support from a local authority personal adviser. “Relevant children” are aged 16 to 17 and have ceased to be looked after. They too are entitled to receive support and advice from a personal adviser. “Former relevant children” currently receive support from a local authority personal adviser up to the age of 21. If they pursue education or training they can retain that support until they are 25. Clause 3 will now address the gap and provide a personal adviser to all “former relevant children” up to the age of 25, where they want one. Whether they are in education will no longer be a qualifying factor.

In Amendment 52 the noble Lords, Lord Watson and Lord Hunt, propose that personal adviser support should be provided whether requested or not. I have already spoken at some length on an earlier group about the practical issues involved in providing support up to age 25 even if care leavers no longer want a service. I will therefore not repeat the arguments.

The noble Lord, Lord Wills, referred to my reflecting on certain matters in relation to the role of personal advisers. I was going to come to this later in group 6, in relation to the amendment tabled by the noble Lord, Lord Warner, but I will deal with it now.

We want to learn from those areas where the personal adviser service is provided effectively and make sure that that becomes the standard of support that care leavers across the country can expect. We also need to make sure that the purpose of the role is clear, that the right people are recruited to take on the role and that they have the right opportunities to learn and develop so that they can better respond to new challenges that care leavers face. That is why we are reviewing the personal adviser role. The first phase of that review is already under way. My officials are carrying out a series of eight deep-dive reviews to local authorities. They are meeting with leaving care managers, personal advisers and care leavers so they can better understand: first, what support personal advisers currently provide; secondly, which issues care leavers most need support on; and, thirdly, how personal advisers provide the mentoring and befriending support which can be so critical to care leavers’ well-being and which we know they value so highly.

The second phase of the review will build on and be informed by the first phase, but will focus on wider issues such as: whether we have done enough to articulate the key purpose of the personal adviser role, as currently articulated in secondary legislation in the Care Planning, Placement and Case Review (England) Regulations 2010; how we can best raise the status of the role; and what opportunities exist for personal advisers to access continuing professional development. In conducting this review, I would like to offer reassurance that we will consult all relevant parties. I will also ensure that noble Lords have the opportunity to comment and contribute.

On Amendment 60, I can provide reassurance that local authorities will continue to develop and review pathway plans. As corporate parents, they will do this irrespective of other partners and the support that they bring. Local authority-appointed personal advisers will work with the care leavers to review plans on a regular basis. Local authorities are already required by law to manage these obligations as the corporate parent. Amendment 72 is unnecessary, as the functions of the personal adviser role are set out not in statute but in secondary legislation—the Care Leavers (England) Regulations 2010 and the Care Planning, Placement and Case Review (England) Regulations 2010. If any changes are made to the functions of personal advisers, an amending statutory instrument would need to be laid before Parliament, which would provide an opportunity, through the negative resolution procedure, to make any objections if needed.

To turn to Amendment 74, let me clarify why the Bill extends the role of the virtual school head to children who leave care through adoption, child arrangements or special guardianship orders but not to older children. In practice, virtual school heads and designated teachers do not suddenly turn a blind eye to the children in care whom they have been looking out for and supporting just because they have reached the age of 18. The arrangements in place will continue up to the time they leave school unless, of course, their circumstances have changed. In many local authorities, the virtual head plays a role in relation to care leavers. For example, in Hertfordshire, the virtual school head has included within it the post of a personal adviser for students at university. For care leavers, the main support in relation to education is from the personal adviser.

For older care leavers, a range of alternative support is already in place. Pathway plans for care leavers should include information about support for education and career aspirations. Care leavers are also a priority for the 16 to 19 bursary, worth £1,200 annually, and they receive a one-off bursary of £2,000 if they progress to higher education. I hope that this provides noble Lords with sufficient reassurance not to press their amendments.

Schools: Special Measures

Debate between Baroness Massey of Darwen and Lord Nash

Wednesday 16th December 2015 Lords Chamber

[Lord Nash]

I would be delighted to meet to discuss that. We are committed to spreading education excellence everywhere. The Schools Causing Concern guidance makes it clear that local authorities should continue to act as champions of education excellence in the schools they maintain.

[Baroness Massey of Darwen (Lab)]

If it is the Government’s ambition, as David Cameron stated recently, to make,

“local authorities running schools a thing of the past”,

how will local knowledge about schools and their communities be gathered and how will other local authority services be harnessed to benefit schools?

[Lord Nash]

The noble Baroness quite rightly refers to this Government’s ambition to give every school the opportunity to become an academy. Local knowledge is prevalent on the regional schools commissioners’ head teacher boards. Four members are elected by their peers, and many other boards have a balance of head teachers spread across the region. Regional schools commissioners and local authorities are co-operating well in relation to the schools in their areas.

Education and Adoption Bill

Debate between Baroness Massey of Darwen and Lord Nash

Tuesday 17th November 2015 Grand Committee

[Lord Nash]

My Lords, in speaking to Amendments 23, 24 and 25, regarding consultation about the identity of a sponsor that has been identified for an underperforming school, I shall also use the opportunity to set out the case for Clause 9 remaining part of the Bill.

I hope by this point in the debate that noble Lords will be all too familiar with the strong case for the central pillar of the Bill—that is, that where a school is underperforming and an academy solution is needed we want the transformation to take place from day one. We do not want the process to be delayed through debate about whether that school should become an academy. We have been clear that becoming an academy with the support of a sponsor is the best way to bring about radical improvement in a struggling school. That is why Clause 8 makes clear that there is no duty to consult where an academy order is to be made because the school is eligible for an intervention.

We also do not want any delays caused by ongoing debate about who the sponsor should be for the school in question. Where it is necessary for a school to become an academy with the support of a sponsor in order to address failure or bring about necessary improvements, regional schools commissions will decide the most appropriate sponsor.

However, I have committed during a previous debate in Committee, as well as in my letter sent to the noble Baroness, Lady Sharp, today, to reflect on whether any further commitments can be made to ensure that parents will always be engaged if their child’s school is causing concern.

Amendment 25 seeks to require Ofsted to report on, and in some cases inspect, an academy trust prior to the Secretary of State entering into an academy arrangement with that trust in relation to a failing or coasting school. I agree with noble Lords that regional schools commissioners must have a clear picture of the performance and capacity of academy trusts operating in their local area. This information is required when RSCs make decisions about which trust is best placed to take on a failing or coasting school and when they hold trusts to account for the performance of their existing academies.

There are already strong systems in place to scrutinise and assess the performance and capacity of trusts, and I hope that when the noble Lord, Lord Watson, meets regional schools commissioners he will be able to satisfy himself of this. Regional schools commissioners already hold trusts to account for their education performance based on the individual Ofsted inspections of schools within that trust and on performance data. The Education Funding Agency already carries out trust-level reviews, assessing the financial and governance arrangements in trusts against the robust requirements set out in the Academies Financial Handbook.

In fact, the accountability framework for academy trusts reflects their status as both charitable companies and public bodies. This means that, when it comes to matters of good governance and financial management, they not only have statutory responsibilities under company law but are also accountable to Parliament for how they spend public money. Furthermore, Ofsted can already inspect a group of schools within a trust and make an assessment of the support that the trust provides to all its schools through these individual inspections and through taking the views of any schools in the trust about the support they receive. The published inspection report after such focused inspections include Ofsted’s assessment of the overall performance of the trust, as well as a summary of the outcomes of the individual academy inspections.

The noble Baroness, Lady Morgan of Huyton, spoke last week of the importance of regional schools commissioners working well with Ofsted regional directors. I reiterate that regional schools commissioners already meet regularly with Ofsted regional directors to share information about academies, trusts and sponsors and discuss any performance concerns. We have shown that we take decisive action where trusts do not improve the performance of their schools. With a number of trusts we have moved a number of their schools to more effective sponsors to address concerns about the trusts’ overall performance. We also carefully monitor the capacity of trusts as they expand. Where we have concerns, we will pause a trust from further expansion until we are convinced that it has the capacity to provide the high-quality support that failing or coasting schools require.

At his most recent appearance before the Education Select Committee, Sir Michael Wilshaw, Her Majesty’s Chief Inspector for Schools, was clear that the current arrangements whereby Ofsted can inspect batches of schools within an academy trust at the same time are appropriate. Therefore, the proposed new clause is not only unnecessary but would create an additional layer of bureaucracy that prevented regional schools commissioners and trusts moving swiftly to bring about much-needed improvements in failing and coasting schools.

The noble Baroness, Lady Hughes, spoke about Ofsted inspecting chains. We do not think that it is right that Ofsted should have an additional role in judging a trust’s central functions or operating model. This would simply place another burden on Ofsted, distracting it from what is most important and from the core skill of an HMI, which is inspecting the quality of teaching and learning in schools.

However, I have already had discussions with senior members of the Ofsted team about circumstances which may arise in which we may want to organise a parallel audit of a trust, where an inspection by Ofsted of a batch of schools in the trust and the trust’s school improvement capability would take place alongside a simultaneous but separate investigation by the EFA of the trust’s central governance, management and financial competence—an area of activity which we think the EFA is more appropriately qualified to inspect.

Having reassured Peers on the processes for holding trusts to account, I turn to Amendments 23 and 24, which would require wider consultation about the identity of the sponsor for a school eligible for intervention. RSCs, supported by their head teacher boards, will use their local knowledge and expertise to identify the sponsor which they believe will provide the most benefit to an underperforming school. I see no need to consult the local authority or the existing governing body of an underperforming school about that decision, given that it is those bodies which have overseen the failure of the school or have been judged to be unable to address underperformance at the school. The quote I mentioned in last week’s debates, about turkeys voting for Christmas, comes to mind.

Dave Baker, the CEO of the Olympus Academy Trust and one of the individuals who attended the meeting with Peers the week before last, has perhaps summed up the position most compellingly:

“Where a school fails, swift action is needed and there is no time for debate and delay. As a member of a Headteacher board, I know the effort that goes into identifying and matching the right sponsor for any individual school. Where a school has failed, efforts should be spent on getting the right sponsor in place as soon as possible so that the sponsor can start engaging parents and start to secure change through decisive leadership. This should be the focus of everyone’s attention rather than lengthy debates about who the sponsor should be”.

Once an RSC has identified a sponsor for a school, the sponsor will usually be keen to engage with staff and parents about its plans for the school, ensuring that they understand what will happen next and have the opportunity to share their views on the sponsor’s approach. This means that staff and parents still have a say on the future of the school. I have already set out in earlier debates examples of how this engagement has taken place. I would also quote Martyn Oliver, the CEO designate of the very successful Outwood Grange Academies Trust, who said:

“A prospective trust does not just ride roughshod over a school and its community. Outwood Grange has a clear vision and we are passionate about engaging staff and parents on that vision. The advantage of our model is that alongside the clear vision of the trust, local governing bodies are left with more space to focus on things like engaging with the local community. Ultimately parents are happy, especially when they start to see the dramatic improvements in results for their children”.

Noble Lords have also proposed that correspondence about how a sponsor for a school is identified should be published. I believe this to be unnecessary. As I have described, RSCs already subject sponsors to thorough scrutiny. The decisions of RSCs and head teacher boards are already transparent. RSCs assess applications from prospective new sponsors against published criteria. The rigorous assessment process ensures that prospective sponsors have a strong track record in educational improvement and financial management, and that their proposed trust has high-quality leadership and appropriate governance. The majority of sponsors are high-performing schools which have been subject to rigorous assessment by Ofsted and have been found to provide outstanding education. We publish a list of approved academy sponsors. After sponsors are approved, they remain under careful monitoring by RSCs and the department. RSCs take account of the trust’s capacity and its track record in turning the performance of academies around before allocating them any new sponsored academies.

A full list of RSC decisions is already published on GOV.UK and we are making RSCs’ decision-making more transparent. From December, a fuller note of head teacher board meetings will be published to cover all meetings from 1 October this year and will contain information on the criteria that were considered for each decision.

The noble Lords, Lord Watson and Lord Addington, made some comments about the Hewett School and its land. I can assure the noble Lords that the terms of our legal agreements with the sponsor in that case make it absolutely clear that it will not be able to dispose of any of the land without the consent of the Secretary of State.

I would like to take this opportunity, however, to reiterate the purpose of Clause 9, which specifies the limited circumstances in which it will be appropriate for RSCs to consult on the identity of the sponsor. Clause 9 requires that, where a foundation or voluntary school with a foundation is eligible for intervention and subject to an academy order, then the RSCs must consult the trustees, the foundation and—for a school with a religious character—the appropriate religious body about who they propose should be the sponsor. It is important that underperformance, whatever type of school it is in, is tackled. That is why we are clear that there should be no consultation on whether a failing school should become a sponsored academy, whether it is a foundation school or not, but in the case of faith schools we must also ensure that their ethos is preserved.

In many cases, a diocesan sponsor will be the best choice for a failing church school, but where appropriate—for example, where the diocesan sponsor does not have sufficient capacity to take on that school at that time—a non-faith sponsor can be put into place in such a way that the school’s particular ethos is protected. I expect that dioceses and RSCs will work closely together to agree on the best academy solutions for any failing church schools. To support those arrangements, we are having discussions about reviewing and updating the memoranda of understanding that set out the roles of dioceses and government as they relate to the academy programme, in order to reflect the changes in this Bill and the wider evolving policy landscape. These discussions are ongoing.

The trustees, foundation and religious body are specified in Clause 9 because they are being consulted specifically in recognition of their responsibility for the ethos of the school, and to contribute their views on how this may best be preserved. This is why we do not agree with Amendment 23, which proposes that parents and staff should be consulted, too.

I hope that noble Lords have once again been persuaded by my commitment to ensuring that underperformance is tackled swiftly wherever, and in whatever type of school, it occurs. I have, however, explained the reasons why Clause 9 is important in the group of schools it applies to and reiterated my belief that sponsors can, and will, engage with parents, staff and communities once they are matched with a school. As I said earlier, I have committed to reflect further on whether any more commitments can be made to ensure that parents will always be engaged when their child’s school is causing concern. In light of this, I urge the noble Lords not to press their amendments and to allow Clause 9 to stand part of the Bill.

[Baroness Massey of Darwen]

Before the noble Lord sits down, may I ask a question? I am grateful for the letter to the noble Baroness, Lady Sharp, which I have not got through my own post but through the photocopying skills of the noble Lord, Lord Hunt, but no doubt it will come to me. I thank him for that. I have not said it yet, but it seems from what the Minister just said that there has been, if not a softening of approach, then at least some consideration about parents. However, could the Minister tell me—we have talked about this day one, but what exactly happens on day one? Surely, a child or children cannot be transferred to another school on day one, so there must be some gap between all this. How large is the gap, and why is it not possible to set a timetable for some sort of consultation, given that there will be a gap already? Children cannot just be put into another school the day after, so what is this day one? Could he tell me, or perhaps write to me about it?

[Lord Nash]

I think I have already said that I shall reflect on the points made, and I shall take that into account.

[Baroness Massey of Darwen]

But what now happens on day one?

[Lord Nash]

I think that I should, perhaps, write to the noble Baroness about that.

Education and Adoption Bill

Debate between Baroness Massey of Darwen and Lord Nash

Tuesday 10th November 2015 Grand Committee

[Lord Nash]

I am happy to introduce the noble Lord to the people involved in this because the lack of progress under the local authority was, I am afraid, extremely disappointing.

Another example of delay was the Warren school in Barking and Dagenham. The Warren was judged inadequate by Ofsted in February 2013. The governing body and the local authority were opposed to academy status and in October that year the existing governing body voted against the sponsored academy solution. When the Secretary of State decided to appoint an IEB and issue an academy order, the local authority and the governing body made an application to the High Court to prevent this from taking place. When the case finally got to court in July 2014, the judge dismissed the claim on all counts. The school finally opened as an academy in September 2014 with the Loxford Trust, some 19 months after first being judged inadequate by Ofsted.

I emphasise that although the Bill proposes to remove the formal requirement to consult on academy conversion for failing schools, parents will still have opportunities to have a say in the future of their child’s school. Once a sponsor has been identified for a school, it is in their interests to engage parents and begin to build a positive relationship with them from the outset. They will want to involve parents in their plans and seek their views on their proposed approach for bringing about improvement during the conversion process. I shall say more about engaging parents in these situations in the later group of amendments.

The noble Baroness, Lady Morris, made some points to which I would like to respond. I pay tribute to her chairmanship of the Birmingham Education Partnership. I was meeting with Sir Mike Tomlinson this morning and we were both singing her praises. Lilian Baylis is of course an outstanding school. We would be delighted for it to become an academy and a sponsor. The issue that we have, we can talk about this in more detail offline, is that the best way to get the maximum organisational benefits out of a multi-academy trust is for it to be in the same legal structure. No one can argue with that. We can go into a lot of detail on it but that is the practical reason.

As for resourcing the RSCs, I made a point on this earlier but we will be resourcing up the RSCs to cater for more work. I cannot comment on this precisely at the moment but I will be able to say quite a lot more about it once the spending review is out of the way—certainly, I hope, in time for Report.

Turning to the duty to facilitate and the power to direct, noble Lords have proposed Amendments 26 and 27, which would have the effect of removing the requirement for governing bodies and local authorities to facilitate the academy conversion of schools rated inadequate by Ofsted. However, the amendments would still result in the governing body and the local authority having to facilitate conversion in other cases, such as when an academy order is made for a school that meets the coasting definition or has not complied with a warning notice.

Amendment 26 removes the requirement for governing bodies and local authorities to facilitate the conversion of inadequate schools. However, it is precisely these schools where there is a real need to intervene quickly and turn the school around without local authorities or governing bodies blocking or delaying progress. We have seen too many instances over the past five years where conversion to academy status has been delayed through long debate and delaying tactics, such as the refusal to provide important information and reluctance to take vital decisions. One example of progress being unnecessarily delayed is the case of Beechview Primary School in Buckinghamshire. The school was first judged inadequate by Ofsted in January 2013 and, despite numerous discussions with the department, the local-authority-appointed IEB consistently refused to vote in favour of becoming a sponsored academy. A further Ofsted inspection in December 2014 rated the school inadequate for a second time, and a monitoring visit in April 2015 found that the local authority had been unable to bring about the improvements needed. The department tried to restart the conversation about sponsored academy status but the IEB remained unsupportive and went on to discuss alternative options with the local authority, including amalgamation with an infant school, as a way of avoiding sponsored academy status. However, at long last, in October 2015 the IEB voted for Sir William Borlase’s Grammar School to be its sponsor. Beechview is expected to open as an academy in 2016, more than three years since it was first judged to be failing its pupils.

To address the issue of unnecessary delays, Clause 10 will ensure that where an academy order is made in respect of a school that is eligible for intervention, the governing body of that school and the local authority must take all reasonable steps to facilitate the conversion of that school into a sponsored academy. In the majority of cases, the effects of Clause 10 should ensure that governing bodies and local authorities take the necessary actions to ensure a sponsored academy solution is in place quickly. However, Clause 11, which allows the Secretary of State to direct a governing body and local authority to take specified steps to facilitate the conversion, is necessary in the event that they are not fulfilling their duties or that more specific timescales or steps need to be set. Amendment 27 seeks to remove Clause 11 in the case of inadequate schools. It is crucial that regional schools commissioners have the benefit of the duties and powers in Clauses 10 and 11 in relation to inadequate schools. These provisions are crucial if we want to be able to strengthen our ability to deal with failure and to do so more swiftly.

Before concluding, I shall finally speak to Amendments 28 and 29, which probe Clause 12 regarding the power to revoke academy orders. In particular, they probe its purpose in relation to schools rated inadequate by Ofsted where Clause 7 has been clear that an academy order must be made. I have used this debate to reiterate the clear commitment in the Government’s manifesto that failing schools will become academies and that academy orders must therefore be made whenever a school is judged inadequate by Ofsted. There will, however, be rare circumstances where an academy order needs to be revoked. Clause 12 addresses this by inserting a new Section 5D into the Academies Act 2010. This will allow the Secretary of State to revoke any academy order issued to a school which is eligible for intervention, including in a failing school where an academy order must be made.

We envisage that in the case of failing schools there might be a very small number of exceptional cases where the Secretary of State decides that academy conversion should not be pursued. A school may, for example, prove to be unviable and closure may sadly be inevitable, or it may have gone into special measures for a very specific safeguarding issue which has been rectified. There may be other examples in future and while we expect those examples to be exceptional, it would be wrong to remove the Secretary of State’s power to revoke an academy order on any inadequate school as this amendment suggests. I therefore urge the noble Lord to withdraw his amendment.

[Baroness Massey of Darwen]

Will the Minister elucidate two things for me? First, I understand there is a consultation on what “coasting schools” will mean. When will that consultation be finalised, and when will we have a definition of coasting schools? Will the Bill proceed to its final stages before we have that definition? What is the state of the consultation?

Secondly, the Minister glorified, for want of a better word, the academy system. We have heard little from him about the successes of maintained schools, which the noble Baroness, Lady Pinnock, so eloquently described. Nor has he justified why a coasting school will be converted with no need for consultation. I do not understand what happens if you consult after the process; that does not seem to be consultation. A high-performing school is not required to consult. It should consult staff, parents and others who have an interest and take account of those views before entering into academy arrangements. This seems a very strange thing to do. Some people can be consulted, and some people cannot. I cannot understand why this should happen.

[Lord Nash]

The consultation will close on 18 December and we will announce the findings in the spring. Unlike in failing schools—

Education and Adoption Bill

Debate between Baroness Massey of Darwen and Lord Nash

Thursday 5th November 2015 Grand Committee

[Baroness Massey of Darwen]

My Lords, I fully appreciate what the Minister says about clarity and transparency, but going back to the point made earlier by the noble Baroness, Lady Howarth, surely a reference to the “broad and balanced curriculum”, which is in an Education Act somewhere, would be helpful. I do not want a list of things that should be tested or referred to, but I would like some reference to the broader curriculum, which supports the academic curriculum. What is this consultation about if the Government are so sure that this is the right definition? I wonder whether the Minister could take that into consideration. I do not want a list; I want a rounded, broad and balanced curriculum.

[Lord Nash]

Of course, Ofsted is focused heavily on a broad and balanced curriculum. As the noble Baroness, Lady Morgan, said, schools that are good at sports, arts et cetera tend to do well on all fronts, but how on earth will teachers know where they are if we have a form of words which could, frankly, mean anything? I shall say a bit more about that in a minute.

The chief executive of the Burnt Mill Academy Trust, who was at the meeting on Monday—a very interesting lady called Helena Mills, who was extremely unsure about the whole academy idea in the early days and is now running a highly successful multi-academy trust and talks glowingly about the advantages—has said that,

“having a coasting definition which is based on performance over time, rather than snapshot judgement is really important”.

The chief executive of Olympus Academy Trust has said that,

“a school’s context should certainly be taken into account when an RSC is deciding whether, and how, to act in a coasting school. But to add factors about a school’s context or judgements about a school’s arts and sports provision into the coasting definition itself would make the definition too complex, subjective and ineffective”.

That is the thrust of our argument.

At a recent meeting of the All-Party Parliamentary Group for Education, Dame Vicki Paterson, the executive head of Brindishe Schools, a federation of three maintained primary schools, also welcomed the notion of coasting. She said that it was positive that the coasting schools definition would take into account school performance over three years and, for primary, be based both on progress and attainment. At the same meeting, a representative from the Association of School and College Leaders reported that her organisation was pleased that the coasting definition would be a separate judgment from those made by Ofsted.

Critically, both Amendment 2 and Amendment 5 would move away from a concentrated focus on those schools where data show that they are failing to fulfil the potential of their pupils. We know that the outcomes reflected in performance data really matter. Our latest results show, as I said, that key stage 2 results are so important.

Of course, other aspects, such as those outlined in these amendments, are important. Ofsted already looks at a wide range of factors in forming its judgments, including how well prepared pupils are for training and employment; the use of the PE and sports premium; and the delivery of a broad and balanced curriculum. But intervention in coasting schools will not be automatic. The draft Schools Causing Concern guidance, which is currently out for consultation, is clear that while data will allow us to determine which schools fall within the coasting definition, RSCs will use Ofsted judgments, as well as a range of other factors, including those referred to in Amendment 2, to help inform their decisions about a school’s capacity to improve sufficiently. We have been clear that that list is not exhaustive, but the guidance already explicitly mentions factors such as the performance of disadvantaged pupils, the gender balance of the school, and pupils with special educational needs.

[Lord Nash]

I assure the noble Baroness that dialogue with Ofsted does take place. I know that at least one regional schools commissioner shares an office with, or is in the same building as, the Ofsted regional schools team. I know that these dialogues take place regularly and I am sure no regional schools commissioner would intervene without talking to Ofsted, so that is something we can consider.

The noble Lord, Lord Watson, made a number of points about the information we have provided and when. We wrote to all Peers to inform them that the consultation on the coasting definition and the Schools Causing Concern guidance had been launched, as well as inviting noble Lords to the meeting on Monday that I have mentioned. I have also replied to the Constitution Committee, explaining my approach to coasting and why the Bill reflects maximum devolution. It is a pity that only one opposition Peer made it to the event on Monday.

The consultation that the noble Lord, Lord Watson, referred to remains open, as he said, until 18 December. We first published illustrative regulations setting out the coasting definition in June, and the Minister for Schools made it clear that the model funding agreement had been amended in the other place; I referred to this at Second Reading. The model funding agreement that the noble Lord referred to has been in operation since September. The noble Lord is correct that this will apply only once this Bill receives Royal Assent but I am sure he will support the fact that we sought to amend the model funding agreement at the earliest possible opportunity and are now being clear with the regional schools commissioners that they will identify and challenge any academy whose performance falls within the coasting definition, whatever the terms of its funding agreement.

I greatly enjoyed listening to the noble Baroness, Lady Massey, and I am interested to hear that she is going to Lewes this evening. I remember there used to be a racecourse at Lewes which was rather oddly shaped. It was just a semicircle; it did not go all the way round. Sadly, I think it is now closed. In my younger days, I had a friend who was a stable lad and he was leading a horse round the ring. It was a National Hunt race and this horse had a hood on its head, which is most unusual in National Hunt, as I am sure the noble Baroness knows, so I asked him why. He said, “Well, it runs very well on the gallops but it does not seem to run very well in races so we concluded that maybe it does not like being around other horses, so we stuff its ears full of cotton wool and hope for the best”. We all got behind it and it won at 20-1 so I hope the noble Baroness has as happy a time this evening as I did then.

[Baroness Massey of Darwen]

I have to tell the noble Lord that the jockeys from that racecourse used to wine and dine at the pub which is now the house I live in.

[Lord Nash]

I knew the noble Baroness and I had a lot in common and now we have even more. As she knows, I agree with just about everything she had to say about what a proper education means, the importance of social skills, et cetera. As I have made clear, we just do not think it is right to put this in the definition, but regional schools commissioners, who are extremely experienced, will take this into account in their analysis. If any noble Lord who was not able to be there on Monday would like to meet any RSCs or any members of the head teacher boards, I would be delighted to set up another conversation about this. The noble Baroness talked about teachers’ stress levels. As I have said, I am genuinely fearful that having an uncertain, vague definition will just add to teachers’ stress levels, and I am sure we are all anxious to avoid that.

Schools: Free Schools

Debate between Baroness Massey of Darwen and Lord Nash

Monday 26th October 2015 Lords Chamber

[Baroness Massey of Darwen]

To ask Her Majesty’s Government how many free schools at primary and secondary levels were open at the beginning of this school year, how many are expected to open during the 2015-16 school year, and how free schools will be monitored and evaluated.

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

My Lords, there are 304 open free schools, including 118 primaries, 123 secondaries, 19 special schools and 32 alternative-provision free schools. This figure includes 52 free schools that have opened so far this academic year, incorporating 23 primaries, 15 secondaries, seven special schools and four alternative provision schools. In addition, we expect one further all-through alternative provision school to open this academic year. Free schools are inspected by Ofsted and monitored by departmental educational advisers, the Education Funding Agency and regional schools commissioners.

[Baroness Massey of Darwen (Lab)]

I thank the Minister for that comprehensive response. I return to the issue of monitoring. Will the Minister comment on the recent tables which show that this year the number of year 11 pupils in free schools achieving five A to C grades in GCSE, including English and maths, lagged behind the number in local authority schools by 5%? Would the Minister class those schools as “coasting”?

[Lord Nash]

I would not class them as coasting. It is a very small sample. They are a long way short of coasting. Twenty-six per cent of free schools have been judged outstanding, which makes them by far our highest performing group of non-selective state schools. Free schools are monitored by Ofsted, like all other schools, and the EFA. They have much tighter financial oversight than local authority-maintained schools because they have annually to publish audited independent accounts, and regional schools commissioners also monitor them.

Children’s Centres

Debate between Baroness Massey of Darwen and Lord Nash

Monday 13th July 2015 Lords Chamber

[Baroness Massey of Darwen]

To ask Her Majesty’s Government how many children’s centres have closed in the last three years, how many are likely to close during the next year, and what assessment they have made of the impact of such future closures on families.

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

My Lords, since 2013, 214 children’s centres have closed, and from 2010, 705 additional sites have opened. Any closures come from local authorities merging centres to allow services to be delivered more efficiently. What matters most is not the number of buildings but how families benefit from services, and a record number of more than 1 million parents are doing so. The department does not collect information on the number of anticipated closures but expects local authorities to ensure that they meet the needs of local families. This week we will announce a consultation on how we can maximise the impact of children’s centres to ensure that they continue to help the families most in need.

[Baroness Massey of Darwen (Lab)]

I thank the Minister for that response and welcome the consultation, but I am sure that he would agree that it is not just the number of parents and children attending that matters but the depth and breadth of the quality of children’s centres, which is falling, as are the numbers being opened. Is he aware of a recent report by the National Children’s Bureau and the Child Poverty Action Group on children’s centres, which said that the early intervention grant to local authorities has dropped by 55% since 2010? Can he assure me that the Government are still keen to support parents and children?

[Lord Nash]

I am aware of the report that the noble Baroness refers to. The overall pot for early intervention has grown to £2.5 billion, and we give councils the freedom to use their funds in the way that will best meet the needs of their community. I was delighted to see that the report referred to by the noble Baroness recommends that local authorities should share effective approaches, because it is about innovation. We have seen quite a lot of that around the country. Staffordshire, for instance, has introduced family hubs; Hertfordshire has introduced Family Matters meetings; in Islington they have a First 21 Months programme, which improves communication between children’s centres, GPs, midwives and health visitors; and in Newcastle they have introduced community family hubs.

Childcare Bill [HL]

Debate between Baroness Massey of Darwen and Lord Nash

Wednesday 1st July 2015 Lords Chamber

[Baroness Massey of Darwen]

I apologise, because I know that everyone wants to get to supper, but I have a clarification point. In the Childcare Act 2006, which is quoted in the Bill, it says that,

‘“parent’ means a parent of a young child, and includes any individual who … has parental responsibility for a young child, or … has care of a young child”.

Did I understand the Minister to say that grandparents would still have to be working grandparents or that they would qualify because they would have parental responsibility or care for a child? Many of them are not working because they are too old or they have retired. Could he clarify that for me?

[Lord Nash]

They would have to be working.

Childcare

Debate between Baroness Massey of Darwen and Lord Nash

Tuesday 30th June 2015 Lords Chamber

[Lord Nash]

The noble Baroness is quite right to be concerned about these points; that is why we have a funding review and a task force, and will be entering into a consultation. However, we have to strike a balance between value for money and quality.

[Baroness Massey of Darwen (Lab)]

My Lords, the Minister will be aware of the Select Committee report on affordable childcare. The report indicates that many parents find the provision of the current childcare system difficult and complex. What would the Minister advise a parent to do when they are seeking high-quality childcare for their child?

School Curriculum: PSHE

Debate between Baroness Massey of Darwen and Lord Nash

Thursday 19th March 2015 Lords Chamber

[Baroness Massey of Darwen]

To ask Her Majesty’s Government whether they have any plans to make PSHE a statutory part of the school curriculum.

[The Parliamentary Under-Secretary of State for Schools (Lord Nash) (Con)]

My Lords, high-quality PSHE education has a vital role to play in preparing young people for life in modern Britain. However, making it statutory is not the simple answer. We believe that all schools should teach PSHE in a way that is appropriate for their pupils, and we outline this expectation in the introduction to the new national curriculum. We are working closely with the PSHE Association to quality-assess resources and establish a new charter mark for schools that demonstrates robust evidence of high-quality PSHE provision.

[Baroness Massey of Darwen (Lab)]

I thank the Minister for his response. Does he agree that personal, social and health education is not—or should not be—a one-off topic in schools, that it is more about developing social and emotional skills, not just imparting information, and that such skills can improve behaviour and academic performance, as many schools have found?

[Lord Nash]

I agree entirely with the noble Baroness. As the Secretary of State said last week, high-quality PSHE should offer people a curriculum for life as a planned programme of learning that is supported by a whole-school ethos covering all the knowledge and skills that young people need to manage their lives. I do agree with the noble Baroness’s point about character, which is why we have launched a £5 million innovation fund. Under our highly successful free schools programme, we have schools majoring on character development, such as the outstanding Dixons Trinity Academy in Bradford and those in the Floreat group. I recommend that all noble Lords from across the House visit some of those schools before they jump to conclusions based on inadequate information.

Schools: Faith Schools and Free Schools

Debate between Baroness Massey of Darwen and Lord Nash

Wednesday 28th January 2015 Lords Chamber

[Baroness Massey of Darwen]

To ask Her Majesty’s Government what are the conditions which must be met before a new state-funded faith school or free school is allowed to be established; who sets and agrees the conditions; and how the conditions must guarantee a broad and balanced curriculum for pupils.

[The Parliamentary Under-Secretary of State for Schools (Lord Nash) (Con)]

My Lords, the department sets out clear conditions in guidance and application guides for the establishment of all schools. All state-funded schools, whether faith-designated or not, must deliver a broad and balanced curriculum. This is a requirement of education legislation or of their academy funding agreement. Ofsted inspections place a clear emphasis on assessing whether schools are providing a broad and balanced education.

[Baroness Massey of Darwen (Lab)]

I thank the Minister for that response, but is he aware that a recent Ofsted report described a free school as follows:

“any teaching or learning going on at the school is purely incidental … Student achievement is weak … Standards are low …one of the worst schools”,

that they have inspected, and criticised bullying and discrimination? It seems evident that there must have been some lack of organisation in setting up that school. Is it worth risking children’s achievement and well-being for an educational whim?

[Lord Nash]

My Lords, we have a rigorous approach to setting up new schools. They will not all work. We have closed a couple of free schools, with a total number of 200 pupils. Although that is very serious for those pupils and their parents, that compares with getting on for a quarter of a million new free school places that we will introduce under the free school UTC and studio school programme. Of the 87 pre-warning notices that this Government have issued to academies, more than 60% have been to sponsors approved by the previous Government, so it is clear that setting up new schools is not entirely straightforward.

Ofsted: Academy Chains

Debate between Baroness Massey of Darwen and Lord Nash

Monday 26th January 2015 Lords Chamber

[Lord Nash]

The regional schools commissioners are responsible for looking at the performance of academy chains, particularly schools that are doing poorly. They are in close touch with all academy chains. Each regional schools commissioner has a responsibility for an academy chain, and it will be their task to make sure that appropriate support is brokered and, in extreme cases, to help to broker a change of sponsor.

[Baroness Massey of Darwen (Lab)]

My Lords, the Secretary of State’s letter mentions an inspection framework for the management of academies. Exactly what inspection framework is meant?

[Lord Nash]

The Secretary of State’s letter in relation to chains talks about it not being necessary to introduce a new inspection framework. There is a clear framework for inspecting all schools in this country.

Education: Citizenship

Debate between Baroness Massey of Darwen and Lord Nash

Wednesday 14th January 2015 Lords Chamber

[Lord Nash]

All academies and free schools are required to teach a broad and balanced curriculum, and we trust academies to teach citizenship and prepare their pupils for life in modern Britain. I am sure that my noble friend will be delighted to hear that under this Government the number of pupils taking the full course of GSCE citizenship has more than doubled.

[Baroness Massey of Darwen (Lab)]

Does the Minister agree that it is first important to define what we mean by “democracy”? Is he aware of programmes that begin in primary schools, such as UNICEF’s Rights Respecting Schools? I declare an interest as a trustee of UNICEF. These programmes encourage pupils to be aware of others’ and their own rights and responsibilities. Is he also aware that school councils, which are fundamental to this, are considered important and vital in encouraging citizenship?

[Lord Nash]

The noble Baroness is quite right that these programmes are excellent. We have established a group of citizenship experts to help advise schools on such programmes. They produce a comprehensive resource digest, which is online, to link them to organisations such as the Citizenship Foundation, Parliament, the UN and Debate Mate.

Child Poverty

Debate between Baroness Massey of Darwen and Lord Nash

Monday 8th December 2014 Lords Chamber

[Lord Nash]

My noble friend is entirely right that the attainment gap in early years is stubborn, although under this Government the number of pupils achieving five good GCSEs has risen from 31% to 38%. It is a question of money and we do not currently intend to extend this further, although I can say that of the 260,000 two year-olds eligible for this provision, on the latest figures, 150,000 are taking it up, which is a remarkable achievement in terms of an increase in provision.

[Baroness Massey of Darwen (Lab)]

Does the Minister agree that child health is also affected by child poverty, and that child health in turn affects educational achievement and child development? How are the Government maintaining links between child health and education at government and local level?

[Lord Nash]

The noble Baroness is quite right in this regard. Health is closely tied to achievement, and we work very closely with colleagues across government to ensure that children get all the support they need. In particular, we worked closely with the Department of Health on the passage of the Children and Families Act to ensure that the reforms to special needs and disability, impacting on one-fifth of children, would ensure joined-up provision. Our new entitlement to nutritious free school meals for all infant pupils is another example of this Government working together to support children’s health and achievement. As the noble Baroness will know, there is a lot happening in mental health as well.

Schools: Admissions

Debate between Baroness Massey of Darwen and Lord Nash

Tuesday 21st October 2014 Lords Chamber

[Baroness Massey of Darwen]

To ask Her Majesty’s Government what steps they are taking to ensure a fair admissions policy in schools.

[The Parliamentary Under-Secretary of State for Schools (Lord Nash) (Con)]

My Lords, there are a number of safeguards to ensure that school admission policies are fair. The School Admissions Code sets out what is and is not allowed, and requires that places are allocated in a clear, fair and objective way. Anyone who feels that a school’s admission policy is unfair may complain to the Office of the Schools Adjudicator, whose decision is binding. Parents who are refused a place at a school of their choice have the right to appeal.

[Baroness Massey of Darwen (Lab)]

I thank the Minister for his response. Is he aware of a freedom of information request to all English local authorities to ascertain the number of children missing education? Is he surprised that 42% of those missing education are doing so because they have not been allocated a place? Is this not a shocking state of affairs and what will the Government do about it?

[Lord Nash]

My Lords, it is true that a high proportion of children missing education are awaiting a place but we have massive in-year movement in this country, partly as a result of immigration. We take the issue of school attendance very seriously. All local authorities are required to put in place a fair access protocol for their schools, which requires all schools to comply. Indications from local authorities are that fair access protocols are working well, indeed, better than in previous years, and we will continue to monitor their impact. I hope that the noble Baroness will be pleased to hear that overall absence rates are at their lowest since termly absence data were first collected in 2006.

Schools: Class Sizes

Debate between Baroness Massey of Darwen and Lord Nash

Wednesday 15th October 2014 Lords Chamber

[Lord Nash]

We are spending £18 billion on school buildings in this Parliament, which is more than the previous Government spent in their first two terms combined. We are building or improving the condition of 900 schools—double the previous Government’s performance in 13 years.

[Baroness Massey of Darwen (Lab)]

Does the Minister agree that an absolute priority, as my noble friend said, should be reducing class sizes where possible and not spending money on new free schools set up in areas where excess places exist already?

[Lord Nash]

I cannot agree that an absolute priority should be reducing class sizes because I have already said that all the evidence is that that was a very poor return on investment. In fact, Andreas Schleicher tells us that there is no relation between class sizes and performance. I entirely agree that we should not be putting up schools in areas where there is no need and I can assure the noble Baroness that since I became a Minister, just over two years ago, virtually all the free schools we have approved have been in places of need.

Schools: Free Schools

Debate between Baroness Massey of Darwen and Lord Nash

Wednesday 14th May 2014 Lords Chamber

[Lord Nash]

The right reverend Prelate makes an extremely good point. Although it is true that a number of outstanding schools have been established entirely independently, the way forward is the school-to-school support model, with schools operating in local clusters and secondaries working with their primaries. We are taking this learning, which has been very successful in the academy movement, into the free schools movement.

[Baroness Massey of Darwen (Lab)]

My Lords, we all know that some free schools have not been as successful as the noble Lord makes out. However, apart from that, can he tell the House how the impact and competence of non-qualified teachers will be assessed?

[Lord Nash]

By the results of the schools.

Education: Black British Students

Debate between Baroness Massey of Darwen and Lord Nash

Tuesday 8th April 2014 Lords Chamber

[Lord Nash]

I assure my noble friend that we publish detailed attainment data by specific ethnic category and that schools and Ofsted study their internal data on this carefully to ensure that all pupils are making good progress. Sponsored academies have substantially higher intakes of black pupils than the rest of the state sector, and those pupils are significantly outperforming pupils from similar backgrounds in maintained schools. Sponsored secondary academies have 79% more black Caribbean pupils and are increasing their performance at double that of other state schools, while sponsored primary academies have 38% more black Caribbean pupils and are increasing their performance at three times that of other state schools. Disadvantaged black Caribbean pupils are also outperforming the disadvantaged group as a whole: 45% are achieving the GCSE measure compared to the national average of 41%, while it is 33% for white disadvantaged pupils. Through the pupil premium we are providing £2.5 billion this year, which will benefit more than half of black pupils, while the EEF is funding a number of projects including an increasing pupil motivation project to help black pupils.

[Baroness Massey of Darwen (Lab)]

My Lords, does the Minister agree that teacher expectation is one of the things that has the greatest impact on pupil achievement? Apart from what is going on in schools, does he also agree that mentoring schemes such as those of the Amos Bursary or ASCL can have a huge impact on the achievement of pupils through their one-to-one programmes?

[Lord Nash]

I agree entirely with the noble Baroness on both points. I like to think that low teacher expectations, particularly for black pupils, are a thing of the past; that is certainly proven in sponsored academies. I agree entirely with her about mentoring schemes. My own school participates in the mayor’s mentoring programme, which provides mentoring relationships for 1,000 black boys across the capital. Chance UK is an excellent charity providing mentoring, while Think Forward, which was founded by the Private Equity Foundation and funded by the EEF, provides highly trained coaches to work with disadvantaged 14 year-olds in schools in east London.

Schools: Bad Behaviour

Debate between Baroness Massey of Darwen and Lord Nash

Tuesday 25th March 2014 Lords Chamber

[Baroness Massey of Darwen]

To ask Her Majesty’s Government what policies they promote to prevent bad behaviour in schools, apart from punishment.

[The Parliamentary Under-Secretary of State for Schools (Lord Nash) (Con)]

My Lords, we recently updated our Behaviour and Discipline in Schools advice. This stresses the need for schools to have a behaviour policy that both rewards and reinforces good behaviour and sanctions poor behaviour. We have also published a series of case studies which highlight the range of ways in which schools can foster good behaviour.

[Baroness Massey of Darwen (Lab)]

My Lords, I thank the Minister for that response. Does he agree that many schools in challenging areas with challenging pupils nevertheless have good behaviour and good discipline? Why does he think that is? Does he also agree that positive strategies in schools, rather than punitive ones such as picking up litter or writing lines, are more effective in combating bad behaviour?

[Lord Nash]

I agree entirely with the noble Baroness. Schools have good discipline where they have high standards and expectations across the board and a whole- school behaviour policy that is clearly communicated and consistently applied. For instance, when we took over at Pimlico Academy, behaviour was pretty awful. We used an approach that we had seen in the States, where they start with the pupils’ breaking the rules and getting into trouble and then move them slowly to a position where they behave because they want an orderly society and realise that that is the only way in which they can learn. I believe that behaviour policy should be at the core of all good schools. The noble Baroness is certainly right that rewards and incentives for attendance, behaviour, improvement and effort are all very important in promoting good behaviour.

Schools: Pupil Premium

Debate between Baroness Massey of Darwen and Lord Nash

Monday 3rd February 2014 Lords Chamber

[Lord Nash]

My Lords, advice is available from, for instance, the national college, which lists a database of schools with excellent practice. We direct schools to the teaching and learning toolkit run by the Education Endowment Foundation, which provides an accessible summary of research on key education interventions that have an impact in this area. Ofsted’s report last year on the impact of the pupil premium in schools that do this well was very informative. In addition, any school judged to be requiring improvement, where the leadership is also deemed to require improvement, is expected to carry out a pupil premium review. Schools must publish online details of what they do with the pupil premium and Ofsted will be looking very closely at its use and effect on pupils’ attainment.

[Baroness Massey of Darwen (Lab)]

My Lords, in the past, some schools have used the pupil premium not for individual pupils but to support general provision. What is being done to check that?

[Lord Nash]

As I said, my Lords, schools are required to publish online how they have spent the pupil premium and the effect it has had on attainment. If it had been used on general provision, they would have to justify how that had impacted all pupils. Ofsted inspections are increasingly focused on the achievement of disadvantaged pupils. It is now very unlikely that a school which is not showing good progression for disadvantaged pupils would make an outstanding rating.

Children and Families Bill

Debate between Baroness Massey of Darwen and Lord Nash

Wednesday 29th January 2014 Lords Chamber

[Baroness Massey of Darwen]

My Lords, I thank the Minister for that very thorough response. I am particularly pleased to hear that he says that there will be “particular regard” to the UNCRC and that there will be consultation with children enshrined in the law.

On the query about “affirmation on independence” and the lack of “prohibition”, maybe we should look at the wording. Maybe it is just a matter of words, but it is not how I read it in the first place. I accept that the Children’s Commissioner cannot realistically cope with individual cases. That would be far too big a burden and would, as the Minister said, “hamper” the effectiveness of the office. The noble Lord, Lord Ramsbotham, will correct me if I am wrong, but he and I are saying that we see the Children’s Commissioner as a guardian and monitor of children’s rights as well as a champion. We shall see about the issue of the appointment. I hope that the Minister will take note of our concerns on this.

I forgot to ask the Minister about the timetable for this appointment; I do not know if he can reply now or write to me and other noble Lords.

[Lord Nash]

I will write to the noble Baroness.

Children and Families Bill

Debate between Baroness Massey of Darwen and Lord Nash

Tuesday 28th January 2014 Lords Chamber

[Baroness Massey of Darwen]

My Lords, I thank the Minister for his very positive response and for all his hard work and that of his officials leading up to this debate. We have heard two very powerful debates with very little dissent on the importance of personal, social and health education, including sex and relationships. This is why we need to regroup and talk together about how we carry things forward. I take the Minister’s point that an awful lot has been done but I would like one more regrouping to consider it. In the mean time, I beg leave to withdraw the amendment.

[Lord Nash]

My Lords, I must say to the noble Baroness that I have considered this matter very carefully and discussed it with a great many people. I therefore cannot undertake to bring it back at Third Reading. If she wishes to test the temperature of the House, she should do so today.

Ofsted: Annual Report 2012-13

Debate between Baroness Massey of Darwen and Lord Nash

Wednesday 8th January 2014 Lords Chamber

[Lord Nash]

My noble friend is quite right. When the new chief inspector came into office, one thing that I thought he did very well was to abolish the appalling low-expectation term “satisfactory” and set much higher expectations for schools. It has clearly been proved through the academies programme and other schools that setting higher expectations for our children does work.

[Baroness Massey of Darwen (Lab)]

My Lords, the report implies that increased testing of children may improve attainment. Many teachers and educationalists believe and state that excessive testing takes time away from teaching. Do the Government agree?

[Lord Nash]

Assessment, as opposed to testing, is obviously crucial to ensure effective accountability and to work out whether pupils are making progress, which is an issue that I know Ofsted is very focused on. We have held a public consultation on proposals for key stage 1 assessment, whose results have not been published. As far as key stage 3 tests are concerned, we have no plans to reintroduce key stage 3 tests but we expect all schools to be able to demonstrate to Ofsted, through whatever assessment mechanism they use, that their pupils are making progress.

Children and Families Bill

Debate between Baroness Massey of Darwen and Lord Nash

Monday 18th November 2013 Grand Committee

[Lord Nash]

We will take this away and consider it further. As regards the point made by the noble Baroness, Lady Hughes, on accountability and to whom it should be, our view is that the commissioner should be wholly independent as regards his or her views and priorities from both government and Parliament. However, I accept that Parliament should be able to scrutinise what the commissioner does and have an opportunity to debate issues that he has raised.

I hope that my responses on these important points provide assurances to noble Lords and I urge the noble Baroness to withdraw her amendment.

[Baroness Massey of Darwen]

My Lords, I thank the Minister for that response. This has been an incredibly perceptive debate and noble Lords have provided a lot of expertise. My noble friend Lady Hughes said at the beginning of her speech that it is the right time to review the role of the Office of the Children’s Commissioner. I agree with that. We have experience of two commissioners, both of whom have put the voice of the child at the centre of activity and have done significant work with vulnerable children. The Minister listed some things that the Children’s Commissioner could do. However, as many noble Lords have pointed out, funding is an issue, and we need to look at that again.

Others have mentioned the scope of the commissioner’s remit, accountability, quality assurance and the JCHR. For me two key issues have come out of our discussions today to which I certainly want answers before Report. One is that we absolutely need the framework agreement before we get to Report. In fact, we need it some time in advance of getting to Report; otherwise, how can we debate this seriously? How can we put down sensible amendments if we do not have the detail of that framework agreement? Stemming from that, I need to think about—as I am sure others do—what should go in this legislation; obviously not in too much detail but issues have come up today that certainly need more consideration when we think about what goes in the legislation.

I hope that the issue of the framework agreement will be resolved long before Report. That will influence what we think should go in the legislation. In the mean time, I beg leave to withdraw the amendment.

Children and Families Bill

Debate between Baroness Massey of Darwen and Lord Nash

Monday 11th November 2013 Grand Committee

[Lord Nash]

I can confirm that that is still the position.

[Baroness Massey of Darwen]

My Lords, I thank the Minister for his responses and will come on to those later. Meanwhile, I sincerely thank all noble Lords who have taken part in this fascinating, very knowledgeable and passionate debate about the well-being and education of children and young people. Two key things have perhaps come out for me today. One is, as several noble Lords have mentioned, how the world has changed and how we need to address that change. We all have to tackle this, not only by helping children to have self-respect and respect for others but by tackling the dangers of the internet and other technology.

Secondly, the issue of child development has been central to many of our points. It is very important to understand child development. As my noble friend Lady Jones has just said, of course you do not teach five year-olds about the intricacies of sex. However, they can learn about friendships, respect and parenting: of course they can. Not a single person in this Room has even mentioned, as the Minister did, teaching children of five about sex. We have all learned our lesson about age appropriateness.

I tabled Amendment 231 because it encompasses—as the noble Lord, Lord Storey, said—what should be good practice in schools: policies, pastoral care, school ethos, curriculum and democratic principles. I am not being prescriptive: all I am asking is that schools should make their approaches on these explicit to parents, staff, governors and, very importantly, to pupils. What does a school expect of its staff and its pupils? The noble Baroness, Lady Tyler, talked interestingly about the protective function of education and the use of experts. I have never said that teachers should be able to do everything. They cannot, of course, but teachers and schools can—and most do—create a climate for good relationships and learning. My noble friend Lord Northbourne quite rightly said that this is about all relationships, not just sexual relationships. One example of this is that if children learn respect for themselves and others—if they have opportunities to explore spiritual, moral and emotional issues and learn about the importance of security, well-being and safety—then they may well become better parents and know how to relate to and guide their own children. This is different from maths, English and so on in the formal curriculum.

I am sorry that the noble Baroness, Lady Perry, is not in her place; I take her point about trained teachers. However, my view has always been that teachers go into teaching because they want to relate positively to children. I am not asking for miracles: I see generally trained teachers who, if they do not know something about a particular issue like drugs or first aid, will call in an expert to help them. That is what trained teachers do: teaching is about relating positively and sympathetically to children. If teachers do not do that then I really do not know what they are doing. Amendment 231 calls for schools to make clear how they are promoting things: it is not about making lists. I thank all noble Lords who have contributed their thoughts.

I am somewhat baffled by much of the Minister’s response. The amendment is not about writing things down in lists and I do not understand why he thinks it is. I find it quite insulting that the issues I raised in this amendment should be considered as a long list of things to do. It is not that: it is about what schools should be about. I am not being prescriptive and the noble Lord’s good example of turning a school round was exactly what I am talking about: heads and teachers—and, perhaps, pupils and governors—sitting down together and working out what policies they need and how those policies will be carried out to make the school better. That is not about making a long list: it is about having policies. Nothing is achieved, in any organisation, without policies.

School policy—or any policy in industry or wherever—should be written down, because pupils, parents and governors can then understand what is expected of them and of the school.

Schools: Admission Policies

Debate between Baroness Massey of Darwen and Lord Nash

Monday 22nd July 2013 Lords Chamber

[Lord Nash]

We are very keen that, under the free schools programme, all schools have as open an admissions policy as possible, consistent with the general policy on faith. I will need to write to the noble Baroness with full details to answer that question.

[Baroness Massey of Darwen]

May I ask the Minister about the curriculum? In every Education Act that I can remember, certainly in the past few years, it has been stated that children should be permitted or encouraged to have a broad and balanced curriculum. How will faith and free schools enable pupils to have such a broad and balanced curriculum?

[Lord Nash]

We are very keen that all schools, including free faith schools, are open to all faiths and teach all about the major religions practised in this country. They are obliged to do so, and Ofsted will inspect against that, as we would expect it to do.

Schools: National Curriculum

Debate between Baroness Massey of Darwen and Lord Nash

Tuesday 9th July 2013 Lords Chamber

[Lord Nash]

I am grateful for my noble friend’s comments; I know that they are well based on his 25 years experience of primary education in Liverpool.

On CPD, we believe that we now have about an 89% coverage of the country on teaching schools and the teaching school alliance, but, as I said, our belief is that teachers are best placed to develop best teaching practice through teaching in schools and school support by modelling good practice. An increasing number of products are emerging on the marketplace to help teachers, including MyMaths and Ruth Miskin’s phonics materials. Those are particularly suitable for primary schools.

[Baroness Massey of Darwen]

My Lords, I thank the Minister for repeating the Statement. The document is sprinkled with references back to the Education Act 2002, with its emphasis on promoting spiritual, moral, intellectual and cultural development of pupils and developing a balanced and broadly based wider curriculum. I agree with that, but I am not sure that the document fulfils it. I agree with my noble friend Lady Jones that ICT—computing—spoken skills in English and the subject of climate change are welcome. As a former foreign language teacher, of course I would say that foreign languages are welcome. I will come to PSHE later, but I hope that the Minister realises that some pupils need a basis of interpersonal skills and self-confidence to be able to learn anything. They cannot simply be filled with facts and knowledge.

I am pleased that there was consultation on the original document. I know that some concerns were expressed there. For example, 36% said that the curriculum was then too focused on knowledge and that there should be greater recognition of the value of skills. I reflect on last Thursday’s debate in this House, instigated by the noble Baroness, Lady Shephard, to which the Minister responded, in which across the House we expressed concern about careers education and the development of soft skills such as teamwork, communication and so on. I am not sure that that is sufficiently covered in this document. I am also concerned about the space for creativity and the prescription and progression between stages.

It does not seem to be recognised that citizenship and personal education are taught in a cross-curricular way, with certain formal inputs. I note that in the document there are 20 lines on citizenship but nothing on PSHE; there is reference only to sex and relationship education. Sex and relationship education is part of PSHE; it should not be given overemphasis. Things such as obesity, alcohol, drugs and smoking are equally important.

Is the Minister confident that this curriculum will deliver skills of communication and encourage self-confidence in pupils? Is he confident that culture, arts and sports are given sufficient emphasis? Is he confident that personal, social and health education and citizenship education are given sufficient reference in the document? Perhaps he can briefly respond.

[Lord Nash]

I know that the noble Baroness shares my concern about PSHE being an essential part of any school, particularly interpersonal skills and self-confidence. I do not think that we are apart at all on the necessity for all schools to teach that. Indeed, that is what good schools do; it is all part of a good education. The difference between us is that we do not feel that we should legislate for every ingredient of such education to be statutory.

For instance, on career education, I was in Norfolk today, where we were whipping up support for schools in Norfolk, which have consistently been below national standards. One of our meetings was with business leaders. There is no shortage of enthusiasm from the business community to engage with schools to help them with careers advice, work placements and so on. I then visited Wymondham College, one of our top state boarding schools, where we got into a conversation about careers. I said that I was constantly being asked whether careers advice should be more consultancy-based in schools and whether that was sensible for schools. It was absolutely clear. Everybody in the room—the top eight teachers in the school—said that a careers session of 50 minutes at the end of your school life was a very poor substitute for a good education and that they engaged widely with businesses for careers advice. They already practise the suggestion from my noble friend Lord Cormack of career panels.

That is the best practice, which we should encourage all schools to do, so that all schools fulfil the ambitions of the noble Baroness. As I said, however, what is between us is that we think that to legislate for it in a box-ticking way would lower expectations rather than encourage all schools to aim for the highest.

Education: Sex Education

Debate between Baroness Massey of Darwen and Lord Nash

Monday 8th July 2013 Lords Chamber

[Lord Nash]

My noble friend is quite right in her observations. The non-statutory notes and guidance specifically say that pupils should draw a timeline to indicate stages in the growth and development of humans, and should learn about the changes experienced in puberty.

[Baroness Massey of Darwen]

Have comments by the National Youth Parliament been taken into account? Could the Minister give us a hint as to the Government’s response?

[Lord Nash]

We have taken its comments into account, but I am afraid that I will have to write to the noble Baroness in detail to answer her question.

Education: Sex and Relationship Education

Debate between Baroness Massey of Darwen and Lord Nash

Tuesday 18th June 2013 Lords Chamber

[Lord Nash]

I know that the noble Baroness and I appreciate the importance of PSHE, but it is not this Government’s intention to make it compulsory. This Government trust schools and teachers to tailor their PSHE support to the particular circumstances in a school, which vary enormously. There are plenty of resources to enable them to do this, and all good school have an excellent PSHE programme.

[Baroness Massey of Darwen]

Does the Minister agree that giving advice about where to get help is important in health and relationship education? What support is being given for access to school counselling and to organisations such as Brook and the FPA, which give advice to young people? I declare an interest as president of Brook.

[Lord Nash]

SRE guidance makes it clear that pupils should know how to access support, counselling and advice, and we will expect all schools to ensure that pupils are aware of the available health services and expert organisations, such as Brook and the FPA. We acknowledge the value that these organisations contribute.

Schools: PSHE

Debate between Baroness Massey of Darwen and Lord Nash

Tuesday 11th June 2013 Lords Chamber

[Baroness Massey of Darwen]

To ask Her Majesty’s Government what is their assessment of the report by Ofsted Not Yet Good Enough: Personal, Social, Health and Economic Education in Schools, published on 1 May.

[The Parliamentary Under-Secretary of State for Schools (Lord Nash)]

My Lords, the Government are grateful for Ofsted’s report, which provides an important and valuable analysis of the strengths and weaknesses of PSHE provision in this country. We encourage all schools to focus on the areas for improvement outlined in the report and, in doing so, to access best practice identified by Ofsted.

[Baroness Massey of Darwen]

I thank the Minister for that response. I know that he agrees on the importance of personal, social, health and economic education in schools. Is he aware that not only is Ofsted concerned but so are parents, those who work with young people and young people themselves? Can he use his influence to suggest to the DfE that a simple addition to part 2 of the national curriculum framework could make explicit the link between existing statutory provision and personal, social, health and economic education?

[Lord Nash]

I am aware that the PSHE strategic partners group has written to my honourable friend the Minister for Education and Childcare calling for a more explicit link to be made in the national curriculum framework document between schools’ statutory requirements and the provision of PSHE education. I am grateful for the input of this group, which represents a wide range of PSHE stakeholders. I assure noble Lords, and the noble Baroness, that we are currently giving this full and proper consideration as part of the national curriculum review.