25 Baroness Royall of Blaisdon debates involving the Department for Education

Education: Citizenship Studies

Baroness Royall of Blaisdon Excerpts
Monday 30th June 2014

(9 years, 10 months ago)

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Lord Nash Portrait Lord Nash
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I agree entirely with the noble Lord. I would hope that in a school with a proper syllabus on this these were not contradictory. Certainly Ofsted should look at this in inspecting spiritual, moral, social and cultural development.

Baroness Royall of Blaisdon Portrait Baroness Royall of Blaisdon (Lab)
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My Lords, too many of our young people do not vote, which is understandable when they are not taught about our political system and our system of governance. The Minister mentioned citizenship lessons but the fact of the matter is that they are not compulsory. As the noble Lord, Lord Cormack, said, they should be a compulsory element in all schools including academies and free schools. What plans does the Minister have to ensure that there is a fully qualified citizenship teacher in every school?

Lord Nash Portrait Lord Nash
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I am a little confused about the Labour Party’s attitude on compulsory subjects in the national curriculum. I thought that its study group had proposed that all schools should be free not to teach the national curriculum, but I will not attempt to keep up with this flip-flopping. We do not agree that it should be mandatory. A lot of people want to have subjects made mandatory in the curriculum but there is not room. Schools must teach citizenship at key stages 3 and 4. They must also teach about spiritual, moral, cultural and social responsibility and British values. The curriculum includes all the institutions to which the noble Baroness referred.

Children and Families Bill

Baroness Royall of Blaisdon Excerpts
Monday 9th December 2013

(10 years, 5 months ago)

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Baroness Royall of Blaisdon Portrait Baroness Royall of Blaisdon (Lab)
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My Lords, I was pleased and proud to add my name to this amendment. I do so having been pleased to support the noble Lord, Lord McColl, and the noble and learned Baroness, Lady Butler-Sloss, in their past attempts to deal with this gap in the way that we deal with young people who may have been trafficked. Both the noble Lord and the noble and learned Baroness have done an immense amount to improve the lives of young people who have been trafficked and changes are being made. However, as both have said today, there is still this gap.

If we think of our own children, not having been trafficked or been the victims of slavery, but put into a similar situation in a foreign country, unable to understand the language and for whatever reason having to deal with a multiplicity of different agencies, they would not cope. Today we are talking about children who are not just vulnerable, but probably traumatised, who may have suffered degradation in some way, yet who are still supposed to deal with a multiplicity of agencies. It is deeply unfair to expect them to do so.

This amendment would ensure that these children had one person—a constant in an ever-changing world—who they could trust and to whom they could turn whenever they felt it necessary. On the day when we have been paying tribute to Nelson Mandela, a man who was full of compassion, this is a matter of compassion and of fulfilling our obligation to these children who have suffered. Yes, as the noble and learned Baroness pointed out, these are foreign children, but that fact does not matter. These are young human beings who, for whatever reason, are now in this country and we have an obligation to ensure that they are properly cared for. One of the means of doing that is to ensure that they have a person there who can be their advocate and their support.

As noble Lords have said, there are agencies, people in the voluntary and charitable sectors, who are willing and able to provide this service, and, as the noble and learned Baroness said, it is not a question of another bureaucratic tier. This is something that does not exist and needs to exist. Not only will it not cost a lot of money, in the end it could actually save money, because it means that these children will not fall through all the gaps and into crisis, as they might have done. This is a means of saving money. We have an obligation to do our best for these children and I am pleased and proud to support this amendment.

Baroness Lister of Burtersett Portrait Baroness Lister of Burtersett
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My Lords, the noble Lord, Lord McColl, referred to the Joint Committee on Human Rights. In Grand Committee I picked up that reference and spoke briefly about what the Joint Committee had said about the Scottish experience of guardianship, which went broader but included trafficked children. In response, the Minister expressed a degree of scepticism, perhaps, about that experience. Once again, the chair of the Joint Committee on Human Rights has followed up our debates with a letter to the noble Baroness. I shall read part of that letter. It stated:

“I would like to draw your attention to the recommendation made by my Committee in its First Report of this Session, on the Human Rights of unaccompanied migrant children and young people in the UK, (HL: Paper 9 and HC 196), which dealt with guardianship and on which the Committee had taken evidence. This states (at paragraph 175):

‘We welcome the findings from the Scottish Guardianship Service, which demonstrate the value that a guardian can add for unaccompanied asylum seeking and trafficked children. We recommend that the Government commission pilots in England and Wales that builds upon and adapts the model of guardianship trialled in Scotland. The guardian should provide support in relation to the asylum and immigration process, support services and future planning, help children develop wider social networks, and ensure that children's views are heard in all proceedings that affect them. The Government should evaluate the case for establishing a wider guardianship scheme throughout England and Wales once those pilot schemes are complete’”.

The letter from the chair to the Minister continues:

“In your contribution to the debate in the Lords you suggested that the Scottish scheme had had mixed results, that it had not 'cracked' the problems that it was intended to address, and that it would add another layer of complexity”—

other noble Lords have talked about this—

“ to how these things are currently handled.

The results of the guardianship scheme, however, were largely positive, as was evidenced fully by the independent report undertaken by Professors Heaven Crawley and Ravi Kohli (who both advised my Committee during its inquiry into unaccompanied migrant children). These positive results led the Scottish Government to endorse the Guardianship Service, and support it with funding for a further three years at £200,000 per year”.

I would add here that Aileen Campbell, the Minister for Children and Young People in the Scottish Government, has said:

“The Scottish Guardianship Service gives asylum seeking children a voice and makes sure every young person involved understands and participates in decisions that affect them”.

The letter goes on:

“There is of course no question that the issues surrounding guardianship are complex and that it took time for the Service in Scotland to bed down and achieve some enduring coherence for vulnerable children in difficult circumstances. However, the independent report, in large part, is very clear that Guardianship was a safeguard for unaccompanied migrant children, and its design and implementation were exemplary”.

The report throws some light on this question of an additional layer of complexity. It found:

“The young people saw Guardians as helping them to understand what others did, especially when there were ‘too many people’ in their lives. This is an important perception by the young people of a key element of the Service—namely that the Service played a key role not because there were too few professionals in their lives, but because sometimes there were too many. The noise generated by these constant engagements and expectations, where young people were required to repeat some form of their story to an endless queue of professionals”—

a point that the noble Lord, Lord McColl, made—

“needed to be reduced to a sound that young people could hear, sometimes in sequence, and sometimes in a harmonised way. The Guardians did this”

in a number of ways. The letter concludes:

“My Committee believes that the Government should look at this again”.

I really hope that the Government will look at this again. There have been some very powerful speeches in support of the amendment and I very much hope that noble Lords will not be fobbed off again.

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Baroness Northover Portrait Baroness Northover
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From authorities far higher than me, the answer seems to be yes—regulations.

Baroness Royall of Blaisdon Portrait Baroness Royall of Blaisdon
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Could the noble Baroness also confirm that discussions or consultations about the guidance have taken place with Children and Families Across Borders, because I understand that they were not terribly happy about the discussions that they had been having with the Government on this issue, and that as an organisation they have been passed from pillar to post? I would like confirmation that they have been properly consulted on their views.

Baroness Northover Portrait Baroness Northover
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My understanding is that they have indeed been consulted, and that consultation will no doubt continue, because it is extremely important that we get this right. The noble Baroness is right to highlight it. I will of course look into this further, and if they have got concerns we invite them to engage with us, because all of us want to get this right.

Schools: Unqualified Staff

Baroness Royall of Blaisdon Excerpts
Monday 4th November 2013

(10 years, 6 months ago)

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Baroness Royall of Blaisdon Portrait Baroness Royall of Blaisdon (Lab)
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As is the state sector.

Lord Nash Portrait Lord Nash
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It is not, actually; we have just been told that it has fallen well down the international league tables. Many of these independent schools quite voluntarily go into state schools and give lessons. Some of these teachers are unqualified; under Labour that will not be able to continue.

Childcare Ratios

Baroness Royall of Blaisdon Excerpts
Thursday 9th May 2013

(11 years ago)

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Lord Nash Portrait The Parliamentary Under-Secretary of State for Schools (Lord Nash)
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My Lords, the Government announced in January, in the More Great Childcare document, the intention to give nurseries more flexibility over staff/child ratios where they employ suitably qualified staff. We have consulted on what those qualifications should be. The consultation closed at the end of March. We are now considering the responses and will make further announcements in due course.

Baroness Royall of Blaisdon Portrait Baroness Royall of Blaisdon
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My Lords, I am grateful to the Minister for that response. The people of this country rightly want politicians to listen to their concerns. I realise that the Government are consulting, but given the scale of public opposition, especially from parents and all those involved in childcare, will the Government take this chance to rule out this dangerous policy, which simply will not work?

Lord Nash Portrait Lord Nash
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As the noble Baroness says, we are considering the consultation. We are motivated entirely by better quality childcare and we believe that our proposals will deliver that.

Youth Services

Baroness Royall of Blaisdon Excerpts
Tuesday 25th October 2011

(12 years, 6 months ago)

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Asked By
Baroness Royall of Blaisdon Portrait Baroness Royall of Blaisdon
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To ask Her Majesty’s Government what measures they are taking to secure the provision of youth services.

Lord Hill of Oareford Portrait The Parliamentary Under-Secretary of State for Schools (Lord Hill of Oareford)
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My Lords, the Government will set out their plans for an overall youth strategy later in the year. English Councils can draw on their revenue support grant and the early intervention grant to fund youth services. Central government is also meeting capital costs of £141 million for 63 myplace youth centres in disadvantaged areas, funding provision of national importance for vulnerable young people by 18 voluntary organisations and piloting national citizen service for 16 year-olds.

Baroness Royall of Blaisdon Portrait Baroness Royall of Blaisdon
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My Lords, I am grateful to the Minister for that Answer. It all sounds very good when it comes from the Minister’s lips but it would not feel like that to the 1,000 young people I met this morning at a very excellent Choose Youth rally. They are concerned that they are being unfairly treated when their services are disproportionately cut. If he looks at the figures, the Minister will agree with me that youth services up and down the country are being disproportionately cut. Does he agree that support for young people is a cost-effective way to change people’s lives and that if they are missing out we are missing out as a society?

Lord Hill of Oareford Portrait Lord Hill of Oareford
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I agree with the noble Baroness, Lady Royall, about the importance of supporting young people. I know that she is carrying out a review to look at ways to make it easier for them to get more engaged from a democratic point of view. That is extremely important. It is the case that we have had to take difficult decisions on funding. As I have said to the House on many previous occasions, it is also the case that when we were faced with a decision last year on where to prioritise our public spending we took the view that, given the need to make hard choices and the overall situation that we faced, the more sensible place to put it was in pre-16 funding as all the evidence shows that how children do before 16 is the strongest determinant of how they do after 16.

Academies Bill [HL]

Baroness Royall of Blaisdon Excerpts
Wednesday 7th July 2010

(13 years, 10 months ago)

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Baroness Royall of Blaisdon Portrait Baroness Royall of Blaisdon
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My Lords, I rise very briefly to speak to Amendments 26 and 29. I agree with many of the points that were made by my noble friend Lord Whitty, especially in relation to September and the timing of the Bill.

We had a full discussion on consultation in Committee, and I recognise that the Minister was listening to the concern expressed about the serious hole in the Bill to do with the lack of consultation. As a result, he has tabled Amendment 30. This is an improvement but I believe that it is simply not enough. First, the consultation required is far too narrow. The amendment states that it is up to the governing body whom to consult. A governing body that is determined to become an academy could decide to undertake an absolutely minimal consultation, ignoring many parts of the school community and the wider community that should, and must, take a view. I have no doubt that it will consult parents and teachers, but it might not, in the interests of speed, consult the local authority or the local community.

Secondly, the amendment appears to suggest that the consultation could take place after an academy order has been made. That is far too late. Consultations must take place before an order is made. I agree with some of the points made by the noble Baroness. I listened carefully to the debate in Committee and I was much taken by the view expressed by the noble and learned Lord, Lord Mackay of Clashfern, that the consultation should be the responsibility of the Secretary of State. Our Amendment 26 would give the Secretary of State ultimate responsibility. It is also crafted in such a way that it answers the concerns of noble Lords, including my noble friend Lord Adonis, who expressed concerns about litigation.

Amendment 29 stipulates some of the bodies that we strongly believe should be consulted, and top of our list is the local authority. I recognise, of course, that current legislation does not address these issues. However, as I mentioned earlier, there is a vast difference between 200 academies and 2,000 academies and the potential impact on local school communities and the wider community. Consultation, especially consultation with local authorities, is a matter of due process. Local authorities are responsible for ensuring that a range of duties are complied with, and they are best placed to have a strategic view of education as a whole. They are also best placed to ensure that the system can cope effectively with demographic changes. All these things need to be considered in a consultation. In addition, I believe that education cannot be delivered in isolation from the wider range of local public services used by children and young people, many of which are currently commissioned by councils. It is right and proper that local councils should be consulted.

In my view, consultation is a key component of the success of any academy and is key to ensuring a balanced school community. I recognise that many noble Lords would not wish to specify in the Bill who should be consulted. I therefore urge them to support Amendment 26, which merely ensures that the Secretary of State can ensure that the appropriate consultation takes place.

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Moved by
26: After Clause 3, insert the following new Clause—
“Consultation before Academy order
Before entering into Academy arrangements with any person the Secretary of State must satisfy himself that relevant interested parties have been consulted by that person.”
Baroness Royall of Blaisdon Portrait Baroness Royall of Blaisdon
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My Lords, I am very grateful to the Minister for his clarification and to the noble and learned Lord, Lord Mackay of Clashfern, for further clarifying the issue.

I believe that the government amendment is too weak in that it does not deal with the timing properly. That is the most important thing. While I understand from what the noble and learned Lord says that it is not the end of the process, the consultation comes too late. It needs to take place at the beginning or just as the process has begun. That is a fatal flaw in the government amendment. I also believe that the consultation required is too narrow.

My noble friend Lord Adonis referred to foundation schools. I accept that in the past they have not had to consult when they changed their status. However, I think that there is a quantitative difference in the number of academies and the free schools that will become academies. We could be talking about thousands of schools. I think that consultation—

Lord Greaves Portrait Lord Greaves
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The amendment—

Baroness Anelay of St Johns Portrait Baroness Anelay of St Johns
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My Lords, procedure on Report does not permit such matters. Only questions for elucidation are permitted after the Minister has sat down.

Baroness Royall of Blaisdon Portrait Baroness Royall of Blaisdon
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I am grateful to the noble Baroness. Essentially the government amendment is too weak. I beg to move Amendment 26.

Academies Bill [HL]

Baroness Royall of Blaisdon Excerpts
Wednesday 7th July 2010

(13 years, 10 months ago)

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Moved by
8: Clause 1, page 2, line 1, at end insert—
“( ) the school complies with the provisions of the Code for School Admissions issued from time to time by the Secretary of State under section 84 of the SSFA 1998 (code for school admissions));”
Baroness Royall of Blaisdon Portrait Baroness Royall of Blaisdon
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My Lords, in moving Amendment 8, I shall speak also to Amendments 17B, 32A and 33A. I am grateful for the discussions that we have had with the noble Lord and the Bill team on these issues.

Amendment 8 relates to the admissions code. We believe firmly that the duty to comply with the code should be in the Bill. The Minister gave us his assurance in Committee that all new academies will have to comply with the admissions code, and I am grateful for that, but there is a question of confidence, clarity and the empowerment of parents. We have all had representations expressing concern about the admissions code for academies and there can be no better way to inspire confidence than by a clear statement in the Bill.

As we know, the code of practice seeks to establish terms within which fair admissions criteria operate, including those applied in cases in which schools are oversubscribed. This latter consideration is particularly important in relation to academies, where evidence suggests that they are more likely than other schools to be oversubscribed.

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Lord Hill of Oareford Portrait Lord Hill of Oareford
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I hope that the noble Earl will forgive me. He made that point very clearly earlier and I am sorry not to have responded to it. This report is rapidly assuming biblical proportions. There seem to be a whole range of issues arising from this debate that noble Lords from around the House will want to make sure are looked into very carefully and debated properly. I am sure that the point that the noble Earl has made is just one such example.

Baroness Royall of Blaisdon Portrait Baroness Royall of Blaisdon
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My Lords, I am grateful to the Minister for his very full response. I certainly accept that there is nothing in current legislation stipulating that academies must abide by the admissions code. I accept that the safeguards are adequate for 200-plus academies but when it comes to 2,000-plus, which there may well be if free schools become academies, then perhaps greater safeguards are needed.

I tend to agree with the right reverend Prelate the Bishop of Lincoln that sometimes it is necessary for things which are implicit to be made explicit, as that inspires confidence. I certainly urge the Minister to take the opportunity to make explicit the fact that academies have to abide by the admissions code by putting that into the Bill. However, I accept the arguments that he made and beg leave to withdraw the amendment.

Amendment 8 withdrawn.

Academies Bill [HL]

Baroness Royall of Blaisdon Excerpts
Tuesday 6th July 2010

(13 years, 10 months ago)

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Baroness Howe of Idlicote Portrait Baroness Howe of Idlicote
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My Lords, I, too, am sympathetic to the amendment. It is particularly important to emphasise the point made by the noble Baroness, Lady Williams, about the number of places in schools that are already free. Quite apart from the complications that exist with new free schools entering into academy status, I should like to hear from the Minister whether the powers that he already has will allow him exactly the same right to make a decision, and whether having that in the Bill will make any difference whatever, given that presumably he will retain the right to make a decision based on whatever evidence may be brought to him that such a school will have a bad effect on other schools.

Baroness Royall of Blaisdon Portrait Baroness Royall of Blaisdon
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My Lords, I, too, support the amendment tabled by the noble Lord, Lord Phillips of Sudbury. Most of the issues have already been raised and I certainly agree with the points made by the noble Baroness, Lady Williams of Crosby, and my noble friend about surplus places. Later, many of us will be speaking to amendments relating to the role of local authorities. We do not know what the Government’s attitude to those amendments will be. The role of local authorities ensures that the key role of schools in their local community is properly considered. At the moment, that role is not present in the Bill, because local authorities are excluded from it. If local authorities in their current role continue to be excluded, the importance of this amendment grows. Someone has to take a strategic approach to legislation. Despite what the Government may say, one cannot just have schools springing up all over the place, not just because of the issue of surplus places but because of the key role of schools in the community. If the Government continue to insist that the Bill should apply to primary schools, it is even more important that someone should have an overview of the impact on schools.

Education: Languages

Baroness Royall of Blaisdon Excerpts
Thursday 1st July 2010

(13 years, 10 months ago)

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Lord Hill of Oareford Portrait Lord Hill of Oareford
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Sadly, my Lords, I do not.

Baroness Royall of Blaisdon Portrait Baroness Royall of Blaisdon
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My Lords, I warmly welcome the Paris declaration. In response to my noble friend Lord Harrison, the Minister agreed that we need more officials and civil servants who have the requisite language skills so that they can be employed by the EU institutions. I fully agree with that, but can the Minister assure me that the cuts in the Foreign Office budget announced on 29 June will not affect the teaching of languages for civil servants? Without those languages, our people cannot apply to do the concours.

Lord Hill of Oareford Portrait Lord Hill of Oareford
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I am reliably informed by sources close to the Foreign Office that there will not be any effect of the sort that the noble Baroness might fear.

Academies Bill [HL]

Baroness Royall of Blaisdon Excerpts
Wednesday 23rd June 2010

(13 years, 10 months ago)

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Moved by
17A: Clause 1, page 1, line 17, leave out “an independent” and insert “a non fee-paying”
Baroness Royall of Blaisdon Portrait Baroness Royall of Blaisdon
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My Lords, I shall speak also to Amendments 22B, 60B and 60C. The amendments in this group are designed to probe the Government’s thinking on free state education, because there appear to be mixed messages in the Bill. There is a simple but important principle to which I hope we all adhere. This essential principle is contained in the great Education Act 1944, which was brought in by this Government's coalition predecessor, the last formal coalition Government in this country. The principle is that there shall be universal education for all children in this country, and that that education shall be free.

We have been given assurances by the Government that they do not intend that academies should be allowed to charge. However, paragraph 13 of the Explanatory Notes states:

“Subsection (7) provides that an Academy may not charge for admission or attendance at the school or for education provided there”—

so far so good, but it goes on to state—

“(unless the Academy agreement or grant under section 14 of the EA 2002 specifically permits it)”.

Why the “unless”, and why are there any exceptions? I do not understand. The Bill would allow another party—that is to say, an individual, group of individuals or an organisation—to enter into academy arrangements with the Secretary of State, convince him or her that those arrangements should include the right to levy charges for admission to all education at the school, and open for business. I do not believe that that is the situation, but I would be grateful for an explanation and clarification from the Minister.

Lord Rix Portrait Lord Rix
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My Lords, I shall speak also to Amendment 75 in my name. The possibility of charging is apparent in this clause. The Minister will be aware that children with SEN have additional needs that sometimes require additional resources. It is the responsibility of the school and local authority to meet those needs. I would be extremely concerned if there were moves to charge parents for special education provision. I do not believe that it is the intention of the legislation to charge pupils with SEN, but I would welcome clarification on this point.

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Lord Hill of Oareford Portrait Lord Hill of Oareford
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My Lords, I hope that I am able to provide the clarification for noble Lords opposite, including the noble Lord, Lord Rix, and for my noble friends. I start by reassuring noble Lords that academies are prohibited from charging for admission. No pupils on the roll of an academy will have to pay for their education.

On the specific point made by the noble Baroness, Lady Royall, as I said, Clause 1(7)(a) prohibits charging but the Bill as drafted allows for the prospect that an academy may need to charge in certain circumstances. I shall explain the kind of circumstances that I have in mind; I think that we touched on this earlier. For example, an academy may wish to charge for providing evening classes to people not on the school roll. We had earlier debates about wanting a school to be part of a community. Providing evening classes would seem to be a good example of that and the Bill would enable the school to do it. Alternatively, an academy may want another organisation to be able to provide evening classes or other activities that can be accessed by the wider community. Therefore, as we want academies to take part in, and be part of, the local community, that is what the Bill provides for. However, any fees charged would be put back into the academy in accordance with the charitable objects of the academy trust.

So far as concerns charging for nursery or SEN provision in Amendments 67 and 75, I reassure the Committee that academies will not be permitted to charge for education provided during the usual timetabled school hours, including the entitlement to nursery education; nor will they be permitted to charge for special needs provision.

I hope that that provides some reassurance and that the noble Baroness will be able to withdraw her amendment.

Baroness Royall of Blaisdon Portrait Baroness Royall of Blaisdon
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My Lords, I entirely accept that the Minister says there is no intention to charge for education. I also acknowledge that it might be acceptable to charge for evening classes—hence the Explanatory Notes. However, I think that there is some confusion here and I should like the wording to be tightened up in some way. At the moment, it looks as though this could be a back door to charging in due course, and that would concern me deeply. Therefore, I ask the Minister to look at this issue so that when we come back to it—and it is something that I shall want to come back to because it is such a fundamentally important question—the wording will have been tightened up.

Lord Hill of Oareford Portrait Lord Hill of Oareford
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I am happy to say to the noble Baroness that there is no back door, but I take her point and will of course reflect on what she said.

Lord Hill of Oareford Portrait Lord Hill of Oareford
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As I said to the noble Baroness, Lady Royall, the intention is clear. I take on board the point made by my noble friend about the need for clarity. I will reflect on that.

Baroness Royall of Blaisdon Portrait Baroness Royall of Blaisdon
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I beg leave to withdraw the amendment.

Amendment 17A withdrawn.
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Moved by
18: Clause 1, page 1, line 18, leave out from “(6)” to end of line 20
Baroness Royall of Blaisdon Portrait Baroness Royall of Blaisdon
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I shall also speak to Amendments 55, 100 and 110. Special educational needs in relation to academies are a key issue for us on these Benches, for Members throughout the Chamber and for many in the world of education, in particular those pupils who have SEN. There is huge expertise in this House, as was demonstrated during the short debate on Monday, when the Minister was clearly in reflective mood. I know that he is listening and I am glad.

I have to say at the outset that I am fundamentally opposed to special schools being included in the Bill—hence Amendment 18. Most local authorities and schools do a good job by children with special educational needs and by their families. Inevitably, local authorities and schools also find parents who are unhappy with the provision that their children receive. The Lamb inquiry, of which all noble Lords will be aware, reported that many parents are happy with what they receive, but it recommended that we need to be tougher with local authorities and schools that do not comply with their statutory duties towards children with SEN. There is much work to be done in this area but I do not believe that the proposals in this Bill will assist in improving the situation for children with SEN. It is vital that we acknowledge that the impact of the Bill on SEN will be far-reaching, controversial and incredibly complex.

Parliament is now being asked rapidly to pass legislation that says that by September this year special schools could reopen as academies. That means, at least potentially, that many of the safeguards and programmes that drive improvements in SEN provision in communities—

Lord Hill of Oareford Portrait Lord Hill of Oareford
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On a point of clarification, it is not envisaged or proposed that a special school would be able to convert by this September. The Government have made it clear that it would be the following September—in 2011.

Baroness Royall of Blaisdon Portrait Baroness Royall of Blaisdon
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I am grateful for that clarification, which is extremely important. Forgive me if I have misled the Committee in any way.

The Bill, as drafted, could mean that many of the safeguards and programmes that drive improvements in SEN provision in communities would simply be dropped or made no longer relevant. That would redesign the SEN approach taken by government to date and completely disrupt the important work of local authorities in this area. There are also serious concerns that SEN provision could be harmed both by the establishment of academies on such a large scale and by the new academies being drawn from those schools that are already strong and which in many cases would be the best place to take on more SEN pupils and deliver real improvements in SEN provision.

As it stands, and as we have discussed, the legislation completely removes local authorities from consultation on academy status. The central funds for SEN provision will be handed out to many schools in a given area. If that is the case, it is vital that we create a framework that gives local authorities, parents and children with SEN, as well as other academies in the area, some certainty and consistency in relation to other schools in the area about what provision each will provide for special educational needs.

Amendments 18, 100 and 110 deal with the issue of special schools by seeking to remove reference to them in the Bill. The way in which we treat less fortunate members of our society is a good measure of any civilised society. The interests of people with SEN are currently addressed primarily by local education authorities. We are greatly concerned that this Bill will damage the ability of local authorities to fulfil their important role in this field and will run the risk of damaging the education, and therefore the life chances, of a great many pupils with special educational needs—the very last group of pupils whom a civilised society should place at risk.

Earlier, I was mistaken in saying that special schools would become academies in September, which would be much too early. I am glad that that is not the case. However, I still think that the Bill is being taken through its legislative process in haste. Although I now understand that special schools would not have even the permissive right to become academies in September, many issues relating to special educational needs need to be better thought out before such schools are enabled. Perhaps we need to see provisions in the Bill that assure us that all these complex details will be properly worked out before schools for special educational needs can become academies.

Baroness Morris of Bolton Portrait The Deputy Chairman of Committees (Baroness Morris of Bolton)
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If Amendment 18 is agreed to, I cannot call Amendments 19, 20 or 22 because of pre-emption.

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Lord Hill of Oareford Portrait Lord Hill of Oareford
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My Lords, I am grateful for the points raised during the debate and for the kind words that many noble Lords have said about my effort to understand these very complex issues—which I have not done fully at all. However, as I said on Monday and am happy to repeat this evening, I cannot see any logical argument why one should not strive for the principle of parity. Whereas I am not able to say to noble Lords that I am able to come up with particular proposals at the moment or to endorse the persuasive arguments made tonight, I have said that I shall come back with proposals on Report.

A number of very persuasive and forceful points have been made, whether they were to do with complaints, funding or transport. I shall reflect on them with my officials. As these issues are more complicated, and as I explained to the noble Baroness, Lady Royall, it is the intention that the schools should not convert until the following year, which gives more time to work these things through. I hope noble Lords will find that reassuring.

I do not know whether I should declare an interest for proprietary reasons, but I shall do so anyway: my wife has been a long-time volunteer and instructor for the Riding for the Disabled Association, working with a wide range of children and adults with a range of mental and physical disabilities. I therefore know a little of some of the work that charities and noble Lords do.

Rather than prolong the debate tonight, perhaps I may respond afterwards to all the points that have been made. I simply restate my commitment to reflect on them and to come back with a proposal on Report. I therefore hope that noble Lords will not press their amendments.

Baroness Royall of Blaisdon Portrait Baroness Royall of Blaisdon
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My Lords, I am grateful to the Minister for that response and for again saying that he will come back to this issue on Report. I know that time is tight, but if his amendment could be tabled as soon as possible so that we could see it well beforehand, we could decide what action, if any, we wished to take on Report. I beg leave to withdraw the amendment.

Amendment 18 withdrawn.
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Moved by
28: Clause 1, page 1, line 22, at end insert—
“( ) the school complies with the provisions of the Code for School Admissions issued from time to time by the Secretary of State;”
Baroness Royall of Blaisdon Portrait Baroness Royall of Blaisdon
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My Lords, all the amendments in this group state very much the same thing. I therefore support them. I shall speak also to Amendment 169 on the admissions code. The Government have made it clear on a number of occasions that they believe that the admissions code is something by which all schools must abide. We celebrate and welcome this, in particular because there has been some talk, rightly or wrongly, of the Government relaxing or amending the admissions code. I am glad to know that that is not the case.

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Lord Hill of Oareford Portrait Lord Hill of Oareford
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I will write to my noble friend about that. The ultimate responsibility is with the Secretary of State. I am not 100 per cent certain whether the YPLA is responsible for enforcing it; I believe that it is, but I will write to confirm that. Equally, on Amendment 85, academies are required by their funding agreements to act in accordance with the law on exclusions and to have regard to the Secretary of State’s guidance on exclusions as if the academy were a maintained school.

My noble friend Lady Walmsley raised one or two other points. As she correctly pointed out, there are two codes. Both codes are applied to academies through their funding agreements and that will continue to be the case. I hope that that provides some reassurance to noble Lords and I invite the noble Baroness to withdraw her amendment.

Baroness Royall of Blaisdon Portrait Baroness Royall of Blaisdon
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I am grateful for the clarification from the Minister. This has been a useful debate. However, I will reflect on the issue, because it took some time for us as a country to get a strict admissions code that is, to all intents and purposes, properly enforceable. I would not wish for us to retreat from that in any shape or form. I am not for one moment suggesting that that is what the Government are seeking. However, it might be better—and I know that it would inspire greater confidence—if there could be something about that in the Bill. I know from experience that Governments are always, rightly, reluctant to stick everything into a Bill, but this is such an important issue that I may wish to come back to it on Report. I beg leave to withdraw the amendment.

Amendment 28 withdrawn.