Schools Bill [HL]

Baroness Wilcox of Newport Excerpts

Committee stage & Lords Hansard - Part 2
Wednesday 15th June 2022 Lords Chamber

Moved by

[Baroness Wilcox of Newport]

87: Clause 33, page 30, line 3, at end insert—
“(11) Within the period of one year beginning with the day on which this Act is passed, the Secretary of State must publish an assessment of the impact of this section, which must include analysis of the distribution of funding by geographical location and comparative deprivation.”Member's explanatory statement
This amendment would require analysis of the changes made to the National Funding Formula that remove the role of local authorities in allocation.

[Baroness Wilcox of Newport (Lab)]

My Lords, we degrouped the amendment because, although it was related to an earlier group, we wanted a specific ministerial response on this policy choice to remove local authorities from the allocation. To fully evaluate the changes, the public will need—and indeed deserve—a robust analysis of how they affect the funding by region when we know that there are already huge disparities in how different areas have been funded, as was alluded to in the previous debate. Indeed, in some cases, this has worsened over the duration of the pandemic. We cannot have this change just happen without detailed analysis and democratic scrutiny. Recent examples, such as the woeful implementation and less than satisfactory delivery of the National Tutoring Programme, clearly demonstrate that monitoring, evaluation and scrutiny of the implementation of policies are key drivers of success.

The DfE has acknowledged that there is a critical question over whether there would continue to be merit in local control of certain aspects of mainstream school funding, and we would argue that there is such merit. But what does the profession say? I will quote Geoff Barton, the general secretary of the Association of School and College Leaders. I am sure that my noble friend, although she is not in her place, will agree with me that ASCL is not the most revolutionary of trade representative bodies. Nevertheless, he says:

“While we support the direction of travel, our bigger concern is that there is not enough money being put into the system in the first place. The cake is too small, no matter how it is sliced. We recognise that the government is currently investing more money in schools but we do not think this is enough to repair the damage done by years of underfunding and we are concerned that much of the new money will be simply eaten up by rising costs. This is even more critical because of the havoc wreaked by the pandemic and the pressing need for significant investment in education recovery.”


So if not this amendment—as I predict that the Minister cannot agree to it today—what are the Government’s future plans to assess these impacts? I beg to move.

[Lord Davies of Brixton (Lab)]

My Lords, I totally support the amendment moved by the Front Bench. If this change in the system of funding schools goes ahead, it is essential that an assessment along the lines proposed is made.

However, I question the need for—indeed, am deeply opposed to—Clause 33 and Part 2 as a whole. I am against the proposal for a hard national funding formula, fundamentally because I am a believer in local education authorities—LEAs—as a matter of principle. My noble friend Lord Knight is not in his place, but he said that everyone would be raising their hobby-horse, and this could well be mine. I am in favour of a seamless education system that works for local people through their local representatives. I am prepared to accept that there is scope for debate on the structure of LEAs. Personally, I have a predilection for bodies of sufficient scale which have significant financial and organisational autonomy—basically, a service that is run democratically and is responsive to local voices. Unfortunately, the trend over the last 40 years has been the other way: centralisation and financial restrictions.

I have re-read the debates that have brought us here and it is my view that no case has been made for a hard formula. Some figures are quoted showing what might be thought were gross discrepancies in what individual schools were receiving in financial support, but without providing the context within which these figures have been reached, it tells us nothing. We are also told that the new system will provide “a consistent assessment,” as if that in itself was sufficient justification, when in my judgment it will be consistently bad. In truth, a close reading of the White Paper tells us that it

“supports the expansion of … trusts.”

What we have here is little more than a by-product of the move to full academisation.

I am against a hard formula in principle, but I am also against it in practice, because it will not achieve a workable or effective outcome. I endorse the comments of the noble Lord, Lord Shipley, during the last debate, where the problems were made clear.

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[Baroness Barran (Con)]

I see the noble Baroness, Lady Chapman, is tempted to answer the question. The figures I referred to were from 2017. I am happy to set out in a letter to the noble Lord more of the reasons for the differences, but I suspect, being familiar with the subject, he knows what some of them are. To date, no area has seen a reduction in nominal terms in its funding. One reason why we intend to implement this over a longer period is to avoid any disruption to local funding. As I am sure the Front Bench opposite would say on my behalf, it will depend on the total quantum of funding committed to our schools.

I thank the noble Baronesses, Lady Chapman and Lady Wilcox, for Amendment 87 and for their unerring focus on ensuring that all children have a fair chance to realise their potential. The introduction of the national funding formula in 2018 was a historic reform to school funding, replacing what we believe to have been an unfair and out of date system.

The national funding formula already calculates funding allocations for each school, which, as I mentioned in the earlier group, are publicly available and, with these, the calculations used to determine funding allocations for local authorities. In the current system, individual schools’ final allocations are then determined through 150 different local formulae. The direct national funding formula will mean that every school is funded through the same national formula, with only specific, local adjustments. That will achieve this Government’s long-standing ambition that funding is distributed fairly, and means that parents, school leaders and governors will have assurance that their school is funded on the basis of the needs and characteristics of their pupils, rather than where the school happens to be located. The intentions of the reforms are not to lead to changes in the distribution between geographical areas, but within them.

Similarly, this change should not impact how much funding the formula directs overall towards socioeconomic disadvantage. Instead, it should ensure that each school, in each local authority, receives a consistent amount of deprivation funding based on their pupil cohorts.

I want to reassure noble Lords that we are committed to levelling up opportunity to make sure that all children have a fair chance in life, wherever they live and whatever their circumstances. We are specifically targeting funding towards disadvantage. Through the national funding formula, we are allocating £6.7 billion towards additional needs, including deprivation, which is a sixth of available funding. In addition, we are directing other funding sources towards disadvantaged pupils, including the pupil premium which is rising to over £2.6 billion this year, and the school supplementary grant which includes a further £200 million targeted towards deprivation. We are also allocating over £200 million to support disadvantaged pupils as part of the holiday activities and food programme. This means that, altogether this year, we are allocating £9.7 billion towards pupils with additional needs, including deprivation.

For the 2022-23 academic year, the Government have committed around £500 million through the recovery premium and £350 million through the national tutoring programme, through which 1.5 million courses have been started so far to support the children whose education has been most impacted by the pandemic, with a particular focus on disadvantaged pupils.

By introducing the national funding formula and replacing the previous postcode lottery, we have a funding system that is much more responsive to changes on the ground. School funding is allocated based on current patterns of deprivation and additional needs across the country. It means that pupil intakes that have similar levels of deprivation, such as Liverpool and Wolverhampton, or Calderdale and Coventry, are now receiving similar levels of funding per pupil. The redistribution of funding seen since the introduction of the national funding formula reflects that the funding system has been catching up with changes in patterns of relative deprivation.

As we have discussed at length, the principle of transparency has underpinned our reforms to the school funding system. As I have said, we publish information annually on the national funding formula. We are committed to publishing the impact of transition on individual schools and on different types of school every year. I would also like to reassure the noble Lord, Lord Hunt, who is not in his place, that this does include the factor weightings which he questioned in the last group. Based on this, it is already possible to see the geographical distribution of funding and how that changes year on year, and what support the national funding formula offers for deprivation. We will continue to review the impact of the national funding formula in terms of meeting policy objectives, such as supporting schools to close attainment gaps. In addition, we want to ensure the information we publish is as helpful as possible and we are currently consulting with schools and the wider sector on what published information would be most useful for them.

I hope this has persuaded your Lordships that the national funding formula will continue to distribute funding ever more fairly, based on the needs of schools and their pupil cohorts. I therefore ask the noble Baroness opposite to withdraw her Amendment 87.

[Baroness Wilcox of Newport (Lab)]

I thank the Minister for her reply. Nevertheless, our concerns remain, and much of what my noble friend Lord Davies has discussed is worthy of support. But in terms of our specific amendment, our call for a robust analysis still stands, together with detailed democratic scrutiny of the funding formula, and concerns around the removal of local authorities in allocations of funding still apply. However, I beg leave to withdraw my amendment.

Amendment 87 withdrawn.

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[Lord Shipley (LD)]

My Lords, I am very grateful for the support of the noble Lord, Lord Young of Norwood Green, for the amendment on the free school meals grant. My Amendment 90, also in the name of my noble friend Lord Storey, addresses the similar issue of inflation for the pupil premium.

I listened carefully to what the Minister said earlier about the extra financial support the Government were giving to the disadvantaged. I will read Hansard carefully tomorrow to recall the exact numbers, but the principle is that this amendment would increase the pupil premium in 2023-24 from the 2022-23 level by £160 per primary pupil and £127 per secondary pupil, before pegging it to the consumer prices index and the inflation rate thereafter. It would also increase the pupil premium plus sum made available to children in care by a similar amount. This is a probing amendment to ascertain the Government’s intentions in respect of the pupil premium, and of the free school meals grant and the amendment tabled by my noble friend Lady Humphreys.

[Baroness Wilcox of Newport (Lab)]

My Lords, the 7p increase to infant school meals announced yesterday by the Government has generally been received as inadequate. Labour’s amendment compels the Secretary of State to review food standards every three years and to consider quality, nutritional value and value for money. As noted, the Government rejected Henry Dimbleby’s advice to extend free school meals to 1 million more children in need and to raise the grant schools get in line with rocketing inflation. Schools are already reducing meal sizes to afford their obligations. Will the Minister say what the Government’s plans are to help avoid children going hungry? Have they done any analysis of what inflation is doing to the amount of food schools are able to provide and the adverse effects when this gets smaller and smaller?

I shall give the UK Government some good ideas and positive direction on what the Welsh Government are doing on these matters. From September, some of the youngest children in primary schools in Wales will begin receiving free school meals. Our First Minister said:

“no child in Wales should go hungry and … every child in our primary schools will be able to have a free school meal.

We are facing an unprecedented cost-of-living crisis. We know younger children are more likely to be living in relative income poverty, which is why the youngest of our learners will be the first to benefit.


This cost-of-living crisis is being felt by families all over Wales, extending free school meals is one of a number of measures we are taking to support families through this difficult time.”


I sincerely urge the Minister to reflect on these proposals and see whether there is the political will to do something similar for English children.

In terms of what we can practically do in the meantime, our amendment would ensure that food standards are reviewed regularly and would weigh up value for money with quality and nutritional value. All the evidence suggests that children cannot learn when there are hungry. Acting on this fundamental principle is surely an all-round win for the Government.

We know that governmental focus has drifted from children in care too. In March, it was revealed that the National Tutoring Programme, referred to earlier, no longer had to ensure it was reaching two-thirds of the most deprived pupils. The requirement that two-thirds of pupils in the programme must be from disadvantaged backgrounds was in place for a reason: there is strong research evidence that poorer pupils have been the biggest losers from the pandemic, seeing greater attainment losses than their peers.

For the purposes of political balance, as I have quoted my First Minister, I shall now quote what the Conservative MP Robert Halfon, who chairs the Education Committee, said about the National Tutoring Programme:

“The Government must ensure Randstad shapes up, or boot them out. The catch-up programme must be shown to be reaching disadvantaged pupils and this data must be published.”


So there is cross-party agreement that we must ensure that disadvantaged pupils are at the front and centre of our thinking in all aspects of educational provision, especially in the critical area of school admissions. As was debated on Monday, we cannot exclude pupils and operate a soft selection policy as it is unfair and frankly immoral.

[Baroness Barran (Con)]

My Lords, I turn first to Amendment 89 in the names of the noble Lord, Lord Storey, and the noble Baroness, Lady Humphreys. As the noble Baroness said very eloquently, providing free school meals to eligible children is very important to this Government. We spend around £600 million per year making sure that 1.25 million infants enjoy a free meal under the universal policy. The per-meal rate was increased last year and the Secretary of State recently announced a further £18 million, increasing the rate to £2.41 per meal, which has been backdated to April this year. The noble Lord, Lord Young of Norwood Green, stressed the importance of supporting children in the early years, particularly post the pandemic. He is absolutely right.

Under the benefits-related criteria, the Government provide a free meal to around 1.9 million more children. For 2022-23, funding through the free school meal factor in the national funding formula is increasing to £470 per eligible pupil. In recognition of cost pressures, after the national funding formula rates were set the department provided extra for core schools funding for 2022-23. Core schools funding for mainstream schools, which includes benefits-related free school meals, is therefore increasing by £2.5 billion, compared with last year.

Schools Bill [HL]

Baroness Wilcox of Newport Excerpts

Committee stage & Lords Hansard - Part 1
Wednesday 15th June 2022 Lords Chamber

I like that this amendment brings some semblance of accountability at some level—which has been so absent from the academy system. It is very weak accountability; a Secretary of State standing up, as we have said before, would be responsible for any number of schools in one way or another. But at least someone would stand up in this House, the other House or both, and justify their decision about the future of our children in a particular local area, which the people living there and the people whose children go to the school may not agree with. The Minister will have the opportunity to explain the benefits couched in the terms of whether it is for the benefit of the children’s education. Let us hope the Ministers are as enthusiastic about consultation and local involvement as we would hope they are and, even more, that they show their enthusiasm for democratic accountability by ensuring that Amendment 63 is agreed to.

[Baroness Wilcox of Newport (Lab)]

My Lords, if I can beg the Committee’s indulgence for a second, it is my birthday today.

[Noble Lords]

Hear, hear!

[Baroness Wilcox of Newport (Lab)]

For the second successive year, I am here in the Chamber debating an education Bill. At least when I taught, I could leave at 4 pm.

For the avoidance of doubt, this group is about consultation. I am grateful to my noble friend Lady Blower for proposing such a sensible way forward and reminding us of the value of governing bodies. We are supportive of the thrust of these amendments, which would give a greater voice to parents and staff and consideration to the local context and challenges. A struggling local authority may want to offload a school that is not equipped to academise yet—or indeed at all—so we cautiously note the government amendment in the name of the noble Baroness, Lady Barran, which requires consultation with appropriate persons before this can happen.

However, we have a genuine question about why this consultation can be carried out after a local authority’s application, as noted by my noble friends Lord Hunt and Lady Blower. It cannot possibly be meaningful, and it looks as if it is a done deal. It is another example of the cart before the horse. Many times in this Committee we have mentioned the word “consultation”, so we need to put it in the correct context and the appropriate order.

I will speak specifically to our Amendment 63, and I thank my noble friend Lord Grocott for his support. It aims to be proportionate. If the Secretary of State intends to accept an application for academisation and the school’s governing body opposes it, the Secretary of State must lay before Parliament a Statement explaining how academisation will benefit children’s education—it is as clear, simple and straightforward as that. Over the coming days, this whole debate will be about the benefit to children’s education.

These amendments speak to the Bill’s general approach of imposing academisation in a top-down fashion on schools, children and parents. If a governing body is opposed, the Secretary of State must give robust consideration to, and justify the case for, approval. After all, they are the arbiters of the community, and parents, teachers, governors and children will have a much clearer insight of the situated context of the school and the wider community issues than—with the greatest respect—a Whitehall official. Many great plays have been written about the disruption caused when a stranger enters a community and the chaos that subsequently unfolds.

[Baroness Barran (Con)]

My Lords, the amendments in this group are concerned mainly with rights of consultation and consent when a local authority intends to apply for an academy order on behalf of a maintained school.

The picture drawn by your Lordships of some kind of Machiavellian plan to impose multi-academy trusts on schools is not a fair representation of how the Government propose that the system should work in the future. I will come on to specific examples, but, in response to the remarks of the noble Baroness, Lady Bennett, and the noble Lord, Lord Grocott, on academies coming in and being imposed, I say that they are imposed because those schools have failed children—both noble Lords know that that is the case. When schools are judged to be inadequate, as was the case with the school that the noble Baroness referred to, academies come in to turn them around because they are failing children. I will leave it there, but I think that it is fair to set the record straight on that point.

Amendment 60, in the names of the noble Baroness, Lady Blower, and the noble Lord, Lord Hunt, would require a local authority to obtain the consent or support of the governing body of a school where it is proposed that the school join a strong trust. I will also refer here to Amendment 63, in the names of the noble Baronesses, Lady Chapman and Lady Wilcox. As the noble Baroness described, it would require the Secretary of State to lay a Statement before Parliament if they approved an application for an academy order against a governing body’s wishes. There is a requirement in the Bill for local authorities to consult a school’s governing body before applying for an academy order. We expect that local authorities and schools will have open discussions about the principle of joining a trust and which trusts schools might join.

Although we hope that any applications for academy orders would have the support of the local governing body, there may be genuine circumstances where agreement cannot be reached with individual schools. Whether the local authority includes such schools within its plans will depend on whether it is prepared to continue to maintain those individual schools.

The decision on whether to approve an order will rest with the relevant regional director. When considering local authorities’ applications, regional directors will of course take all relevant considerations into account. These will include the views of governing bodies, local authorities and other stakeholders—and, of course, the likely impact on children’s education. The regional director’s decision would be made public. Against this background, I do not believe that the additional requirements proposed in these amendments are necessary.

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[Baroness Humphreys (LD)]

My Lords, I am pleased to follow my two noble friends. I wish to speak to Amendment 85, in the name of my noble friend Lord Storey, to which I have added my name. This amendment requires that the funding formula be accompanied by an impact assessment on state-funded schools in rural areas.

I live in a rural area of north Wales and, like other noble Lords, fully understand the vital importance of rural schools for their communities. If schools are forced to close, young families will not move to an area and this is not conducive to building the thriving, forward-looking rural communities that we wish to see. Rural schools are also an important employer. Even a small school with a handful of teachers will provide a range of other jobs—for example, in administration, caretaking, cooking and teaching assistance—that would be lost if the school closed. Crucially, as with other services, pupils should be able to access their schools within a reasonable travel time.

However, children in rural areas across England, such as Devon, are being short-changed and taken for granted by this Conservative Government. With the challenges ahead of us as education recovers from the pandemic, we cannot allow such children to be left behind in its wake. Why do I believe that children in rural England are being short-changed and are in danger of being left behind? According to the House of Commons Library, schools in Devon receive £345 less per pupil than the national average across the UK. This difference in funding obviously has an impact on school budgets, which needs to be analysed and recognised through an impact assessment. Any adverse impact of the funding formula on staffing and the quality of education provided, for example, needs to be assessed and addressed.

So much can be done to help rural schools. An impact assessment could help point the way forward, to fund schemes such as those my Liberal Democrat colleague Kirsty Williams implemented in Wales when she was Cabinet Secretary for Education. I know that this Schools Bill does not apply to Wales because education there is devolved, but I cite it as an example. In government, Kirsty Williams introduced a rural schools strategy, including a £2.5 million per year grant for rural and small schools to be used for improving digital technology, supporting collaboration between schools or providing administrative support in schools—

[Baroness Wilcox of Newport (Lab)]

If I may intervene, much as I laud Kirsty Williams, who was a Liberal Member of the Senedd, that was under a Welsh Labour Government of which she was the sole Liberal Member. I dealt with her a great deal as the education spokesperson. I make that point in case the Committee is not aware.

[Baroness Humphreys (LD)]

I think I clearly said that she was the Cabinet Secretary for Education—perhaps I should have said under a Labour Government. She also introduced a presumption against closure for rural schools and, for the first time ever, a definition of a rural school. I am sure similar strategies are happening in England, but there is obviously scope for other schemes to be highlighted.

Impact assessments are an important part of our decision-making process. They set out the objectives of policy proposals and help us with facts and figures to evaluate them. The impact of the funding formula on the funding of rural schools needs such an evaluation so that we can understand whether the formula works for them and meets their needs. I hope the noble Baroness can tell me that there will be an impact assessment of the funding formula for future stages of this Bill.

Schools Bill [HL]

Baroness Wilcox of Newport Excerpts

Committee stage & Lords Hansard - Part 2
Monday 13th June 2022 Lords Chamber

[Lord Davies of Brixton (Lab)]

My Lords, I have two points. My tendency is to support Amendment 41 but, after hearing what my noble friend just said about the direction of travel, maybe that is sufficient. I find the idea of widely dispersed academies problematic. In the White Paper that came before the Bill, in paragraph 131 on the size of trusts, the Government say:

“we will limit the proportion of schools in a local area that can be run by an individual trust.”

This is a genuine question: how does that fit together with the debate we have just had?

My second point relates to Amendment 55. I heard what my noble friend Lady Blower said, raising the issues of parents being faced with a decision about which they have not been consulted. We sort of had an answer from the right reverend Prelate the Bishop of Chichester, speaking on behalf of the right reverend Prelate the Bishop of Durham, but the Church needs to take a more understanding approach to this issue. We have a case in point: a group of parents were faced with the reality of their school being moved from an academy into a multi-academy trust with a Christian ethos. In principle I am against Church schools, but that is not the point here. The point here is whether those parents should have some input before that decision is reached. I find it impossible to believe that someone would argue in principle against consulting parents about this major change in the way that their school is run.

[Baroness Wilcox of Newport (Lab)]

My Lords, this is a wide group of amendments. I shall speak first to Amendment 49, which says that, within a year, the Secretary of State must consult on whether the Bill is adequate enough a mechanism to enable schools to either de-academise or leave their trust. Once a school joins a MAT, it is trapped. We need to empower schools to leave failing MATs or those it has irreconcilable differences with. Where else in society would it be impossible to get out of an unsatisfactory agreement? No other organisation would be tied in this way to a compulsory contract with no get-out clause.

In our Amendment 94, we ask that the Secretary of State must report yearly on the financial health of academies, including any measures necessary to address disparities, especially over financial reserves, and that academies must state their intentions for the use of reserves over £250,000. Too many academies are sitting on reserves of millions of pounds. Notwithstanding the points made by my noble friend Lord Knight about reallocation and GAG—I had not heard that acronym before, but I will not forget it now—we need to encourage academies to be transparent about this. If they are saving for a huge capital project and can justify it, it is an acceptable way forward, but these institutions cannot be cash cows. Money needs to be invested for pupil benefit.

--- Later in debate ---

[Baroness Wilcox of Newport (Lab)]

I am grateful to the noble Lord, Lord Shipley, for asking those questions about the good things that we are doing in Wales, and to the noble Baroness, Lady Meacher, for raising them initially. RE becomes RVE in Wales this September—religion, values and ethics. There is a great deal to learn from what the devolved nations are doing.

The place of religion and belief in the education system is incredibly complex—the debate this evening has demonstrated that—coming from a time when our society was much less diverse and much more religious than it is now. The amendments are targeted at ensuring that children of no faith do not miss out if they opt out of collective worship. They should not have to sit at the back of the classroom while everyone else is in assembly; they need a meaningful alternative provided for them during this time. These are admirable aims, to ensure that cultural education is balanced and non-exclusionary; in a modern and increasingly secular society, where children are exposed to all kinds of things, particularly in the online sphere, it should be a right that we promote. We should provide an excellent opportunity to discuss a variety of topics and issues. It is important to break down stigmas, and non-religious children in faith schools should not be made to feel left out if they opt out. The Government should think carefully about how to encourage this here. The amendments and the work in Wales are a way forward to do this.

[Baroness Penn (Con)]

My Lords, I thank all noble Lords for this thoughtful debate, as we reach the end of our second day in Committee. The noble Baroness, Lady Meacher, rolls her eyes at me. She may have anticipated that, while I shall not quibble with the wording of her amendments, I shall disappoint her in my response. I also wanted to tell the noble Lord, Lord Knight, that he is making me increasingly jealous of the time that he spends on the Orkney Islands, and the celebrations and reflections that he gets to do there.

I turn first to Amendment 53, in the names of the noble Baroness, Lady Meacher and Lady Whitaker. The Government view collective worship as central to life in a school with a religious character. The right to withdrawal from collective worship is also important, as it provides choice for families as to whether or not their children participate. The amendment seeks, where children are withdrawn from collective worship, to provide an alternative assembly aimed at furthering the spiritual, moral, social and cultural—SMSC for short—education of pupils in schools with a religious character. The Government do not believe that the amendment is necessary, as all state-funded schools are already required to ensure the SMSC development of their pupils. Collective worship is one way to promote SMSC education, but there are areas of the curriculum in which schools can meet this requirement, such as religious education, history and citizenship.

On Amendment 54, when children are admitted to a school with a religious designation, their parents are aware of this and expect it to be part of the school’s ethos and culture. The Government support the right of such schools to provide religious education that aligns with their religious character. We therefore believe that there is no need for the amendment. I am unaware of significant demand from parents who withdraw their children from religious education to have this replaced by education representative of a wider range of religious and non-religious beliefs. There are many examples of academies with a religious designation taking care to ensure that their provision, to some degree, reflects a diversity of religions. We also expect schools to promote fundamental British values, which includes encouraging mutual respect and tolerance of those with different faiths and beliefs, including non-religious beliefs. While acknowledging that the intention of this amendment is to widen choice in the teaching of RE, we believe that it is unnecessary because RE will likely already include the concept of non-religious world views.

Amendment 56 relates to academy schools without a religious character. Again, the Government believe this amendment is unnecessary because RE may already include the concepts of religious and non-religious belief. On religious belief, academies without a religious designation must already teach RE, reflecting the fact that the religious traditions in Great Britain are, in the main, Christian, and must take account of the teachings of the other principal religions in Great Britain. On nonreligious belief, this can be covered within RE. There is no obligation for schools to give equal time to the teaching of each religion or the teaching of nonreligious worldviews.

The noble Lord, Lord Shipley, asked me two specific questions. On the point about not giving equal time to nonreligious worldviews, we are talking about the same judgment, but I shall write to him on the specific point, and on the point relating to Wales—although, if I understood him, it might rather reflect the devolved nature of education in Wales rather than a different legal approach. I shall reflect on Hansard and make sure I write.

On Amendment 57, collective worship is important in encouraging pupils to reflect on the concept of belief and its role in the traditions and values of this country. The right of withdrawal from collective worship provides families who do not want their children to participate to withdraw from it in whole or in part. As I have set out, there are already plentiful opportunities for schools to further children’s spiritual, moral, social and cultural education regardless of religion or belief. This includes holding nonreligious assemblies, so the Government do not believe that this amendment is necessary.

Amendment 58 would repeal specific sections from the Schools Standards and Framework Act 1998. This would have the effect of removing statutory freedoms and protections regarding the recruitment, promotion and remuneration of teachers by reference to their religious practice, belief or knowledge at academies with a religious character. The Government support the freedoms and protections associated with academies with a religious character, including their freedoms to continue to appoint, promote and remunerate their teachers and deal with their employment with reference to the relevant religion or religious denomination. The Government do not intend to change this position for any school with a religious character, including academies. We continue to provide equivalent protections for academies to those available to maintained schools.

As I say, I thought this was an interesting and reflective debate, but I am afraid that the Government do not agree with the amendments tabled by noble Lords. I hope the noble Baroness, Lady Meacher, will withdraw her amendment.

Schools Bill [HL]

Baroness Wilcox of Newport Excerpts

Committee stage & Lords Hansard - Part 1
Monday 13th June 2022 Lords Chamber

[The Lord Bishop of Bristol]

My Lords, I rise to speak in place of my noble colleague the right reverend Prelate the Bishop of Durham, who cannot be here today, to his Amendment 33 and to declare his interest as chair of the National Society, and also to speak against Amendment 34A.

Amendment 33 to Clause 3

“ensures that the religious designation of church schools could not be removed by secondary legislation.”

The Church of England provides 4,700 schools, so we take seriously our vision that we are deeply Christian and serving the common good. This vision is for the whole community but is built on the firm foundation of the character of our church schools, which is central to that vision. I again pay tribute to the Minister for the way that her department has valued this character and worked with us to ensure that it is safeguarded in this legislation. We believe that this amendment strengthens that intention and provides a further safeguard.

A necessarily broad approach is undertaken in this Bill in applying legislation for maintained schools to academies through amending regulations. While we can appreciate the need to do this, it is unusual to see primary legislation which enables power to be applied or disapplied by secondary legislation. This short amendment would ensure that the “religious designation” of

“schools could not be removed by secondary legislation.”

I appreciate that Clause 3(3) provides for the protection of the status of an academy “with a religious character” by prohibiting regulations for

“arrangements for collective worship and the provision of religious education”.

However, these are just some of the outworkings of the religious character of a school, and we believe that this additional safeguard is necessary to safeguard the very designation of its character. It would be inappropriate to allow secondary legislation to have such impact on the designation of character of so many schools. This is a significant issue for our schools, and I will be listening with interest to any assurances on this topic that the Minister can provide.

I want also to speak against Amendment 34A. While I support this amendment in principle, as drafted it does not include stakeholders in the list of relevant bodies for consultation. Church schools are not included, but they represent a third of the sector and therefore should be included in the consultation.

[Baroness Wilcox of Newport (Lab)]

We see that this group concerns the Secretary of State’s power to make regulations for any education legislation to apply to academies. Thus, some may see this as redressing the balance between academies and the maintained sector.

I am speaking to our amendments, beginning with Amendment 34A, which prevents the Secretary of State using these

“powers to apply or disapply education legislation”

until they have been consulted on with

“headteachers, governors, academies, and pupils”.

I will pick up the right reverend Prelate the Bishop of Bristol’s point, which could be a useful addition, so I thank her for raising it with us. Of course, consultation is the key to good governance and, if there is a sense of imposition from a distant central source, then legislation will never be as good as it could be or implemented in the way it should be.

Furthermore, our Amendment 35 removes the Secretary of State’s power to apply legislation

“relating to further education colleges to academies”

by removing “further education” from “the definition of ‘educational institution’”. As it stands, these clauses signal a further power grab, empowering a future Secretary of State unilaterally to remove religious designation from a faith school, as noted in the right reverend Prelate the Bishop of Durham’s Amendment 33.

--- Later in debate ---

[Baroness Barran (Con)]

Tempting as it is to take power into my hands and give the noble Baroness the answer straightaway, she knows very well that this is something we need to agree more broadly within the department. As soon as that is done, of course I look forward—that is an understatement—to updating the House.

[Baroness Wilcox of Newport (Lab)]

Before the Minister sits down, I just ask a simple question: when?

[Baroness Barran (Con)]

I must explain to the Committee that I am not able to give a firm date on that today, but as soon as I am able to, I will update the House.

--- Later in debate ---

[Baroness Morris of Yardley (Lab)]

Just to add to that, I think there are—or there used to be—ways for teachers moving from the independent sector to the state sector which were far less than nine months.

I take the point about a subject like IT. I absolutely agree with the amendment: teaching is a profession, and all the evidence internationally shows that the better qualified the teacher, the better the achievement for students. That is what this is all about. But if the problem is that, in a fast-moving world, there are a set of skills such as IT that people need to come into education to deliver, there needs to be another way of meeting that need and getting those people in rather than saying to the whole of the school system that teachers do not have to have a qualification. This is not being used to get people with specialist IT skills into schools to help children. It is being used by headteachers and schools where they cannot get staff with qualifications in front of children in classrooms, so they go for those without qualifications.

Although I share with the noble Lord, Lord Agnew, the wish to get the latest skills into the classroom without making people do a year-long PGCE, we just need a bit more creative thinking in order to make that happen. It cannot be that we go back to a profession that not only is not a graduate-level profession but is not a qualified profession at all. The message that gives is something that none of us who are committed to the education of children ought to support.

[Baroness Wilcox of Newport (Lab)]

It is a real pleasure to follow my noble friend. She is absolutely right: this is about profession.

My Lords, we asked to de-group this amendment from that of my noble friend Lord Knight, because it is such an important issue and deserves its own debate. Our Amendment 36 would remove the exemption teachers in academies have from needing to have QTS but gives a grace period until September 2024 to give schools and teachers sufficient time to adjust. We felt that this is a sensible way forward. The amendment redresses the opt-out given by former Prime Minister David Cameron and Secretary of State Michael Gove when they removed that need for academies to have QTS in 2012.

Since that time, there has been a decade where children and young people have been taught in academies by unqualified staff. We would assert that in recognition of the preparation teachers have to undergo, the term “teacher” should be reserved solely for use by those with QTS and that a person in training—or indeed, a specialist or person qualified in IT—should have a different designation. This amendment would ensure that, in future, all pupils in every school were taught by a qualified teacher.

When I was looking at the background to the debate today, I looked at what the Sutton Trust had said. It is a research institution that fights for social mobility so that every young person—no matter who their parents are, what school they go to or where they live—has the chance to succeed in life. In its seminal report, What Makes Great Teaching?, it said that the quality of the teacher is the most important factor in academic and non-academic attainment. We have heard from other noble Lords previously in Committee about the importance of leadership and a justification of the enormously inflated salaries enjoyed by heads within academy trusts, but the Sutton Trust research firmly places the attainment factor in the hands of the teacher in the classroom. Those of us in your Lordships’ House who have had the privilege—indeed, it is a privilege—to work in this profession would no doubt agree.

The research defined effective teaching as that which leads to improved student achievement and focused on six common components that should be considered when assessing teaching quality. First is pedagogical content knowledge. As well as a strong understanding of the material being taught, teachers must also understand the ways students think about the content, be able to evaluate the thinking behind students’ own methods and identify their common misconceptions. These are all areas covered in training teachers towards QTS. It is not just about having the knowledge and content of the subject itself; you have to have knowledge and understanding of how children learn in order to convey that knowledge. The research further identified the quality of instruction, classroom climate, classroom management—which I was very good at, as your Lordships might guess—teacher beliefs and professional behaviours, all of which impact on the quality of education.

I also looked at research by the University of Oxford’s Nuffield College from 2019, which found that pupils are more likely to be taught by unqualified teachers in academies than in maintained schools. It concluded that this widens class-based inequality because schools with more pupils from lower socioeconomic backgrounds tend to hire more teachers without QTS, and that in secondary schools

“this relationship in academies is almost double that in LA-maintained schools, revealing a role for academies in widening class-based inequality in access to qualified teachers”—

which seems like levelling down, rather than levelling up.

Schools Bill [HL]

Baroness Wilcox of Newport Excerpts

Committee stage
Wednesday 8th June 2022 Lords Chamber

[Baroness Berridge (Con)]

My Lords, I am struggling to think of the collective noun for former Cabinet Ministers that are going to address the Committee—probably a “clutter” of them, behind my noble friend.

I shall speak briefly. I pay tribute—and noble Lords can imagine what I stepped into in the department following my noble friend Lord Agnew. We were left with a hard rump of cases. One thing that I do not think has been mentioned so far—and I approach this mainly as a lawyer—is the nature of the vehicle that is the multi-academy trust. It is a charitable company, but of course there were so many of them that the regulation from the Charity Commission in 2014 was passed to the Department for Education to make the Secretary of State the chief regulator.

In terms of the hard rump that is left and the issues that we need to deal with, it is because of the nature of the legal vehicle that there is a very high bar for intervening, as the Charity Commission sometimes does, in a company or charitable company, when one of the issues that you may need to sort out is that the governance has gone wrong. I hope that my noble friend the Minister can answer that point. Is there something here that we have not discussed—it might be the nature of the legal vehicle that we are using—that has actually led to some of these issues and leaves you with a hard rump that you cannot get at? The Academy Trust Handbook was renamed because it covers not just money—it covers essentially governance and safeguarding, and health and safety was also put into it, so it was clear to the sector that these were the rules and framework that it needed to work to.

The second point that I want to reiterate—it was made by my noble friend Lord Nash—is that it is a very important move to move fundamentally from a bilateral arrangement, where both parties have to consent, to any type of unilateral arrangement. I know that the issues have been well addressed by other noble Lords about the nature of those powers. When you have that consenting arrangement of the contract between two parties, it is also talking to the value of the service that the other contracting party is delivering. Overwhelmingly, these single academy trusts and MATs are doing a great job; they are abiding by the contract. However, with that hard rump, you need to intervene. As I often used to say in the department, why do I seem to have more power if the computer I bought from John Lewis goes wrong than I do if the education of children is being failed by them not delivering in accordance with the contract?

My final point—and I have not had the privilege of meeting my noble friend yet about the Bill—is, faced with this situation, if the Government are considering pausing, what is the view of the MATs sector? It is now sitting there with the prospect of this legislation and a unilateral situation. There are MATs on very old contracts that need changing. What would they choose, if they were given that choice—progressing with this legislation or agreeing to a new form of contract? Most of these issues to do with articles of association and new forms of contract have been dealt with, due to the noble Lords who preceded me. Is there now an issue that now needs addressing? If those MATs will agree to new contracts and go on to new terms and conditions, is that not also a way that my noble friend the Minister can look at, now that the sector is seeing what an alternative would be for them, if they insist on not having proper separation in their governance or not having the new agreement? That may be a pragmatic consultation that we could have with the sector at this stage of the Bill.

[Baroness Wilcox of Newport (Lab)]

We have had an excellent debate from so many noble Lords. I shall try to be concise, because so much has already been said. This group of amendments again seeks to put safeguards around the power that the Secretary of State has to make on standards for academies, and seeks information from the Government about what lies behind this taking of broad powers. Colleagues have spoken to the damning Delegated Powers and Regulatory Reform Committee report, which takes such issue with powers in this Bill. I shall not tread over old ground, but I wanted to note what other noble Lords have said, such as the comments of the noble Baroness, Lady Meacher on the Henry VIII powers. “We don’t want Parliament involved”—what a blow to democracy that is. My noble friend Lord Hunt spoke eloquently on the unacceptability of these matters in relation to the report, and the noble Baroness, Lady Meacher, reminded us that this report was personally forwarded to the Secretary of State.

The noble Lord, Lord Baker, took us back to the 1870s, and how the department has never done these things before, and the glaring omission in the proposals of the social context of a school. My noble friend Lady Blower reiterated the nature of the power grab, and reminded us that a national service, locally delivered, was the aspiration at the beginning of our teaching careers, but the local dimension is no more. It speaks to a worrying trend across government, denying Parliament the opportunity to deal with matters in the Bill in favour of shoving something through via statutory instrument later down the line, once they have worked out what they want to do. It is not even the cart before the horse—it is the cart before the cart.

I ask the Minister with sincerity, in trying to understand the rationale behind this power grab, what is the reason for this approach? Has the detail of the specific measures the Secretary of State would like to take not been fleshed out? Perhaps it has been. If so, is it controversial, at an increasingly controversial time for the governing party? Is it meant to give some wriggle room in response to political or media pressure to act in an unforeseen area, so it buys the ubiquitous “get out of jail” card, if the public reaction—like so much public reaction to the Government these days—is hostile?

I struggle to understand why Parliament and parliamentary scrutiny will not be given the chance to debate the rights and wrongs of what the DfE intends to do. I understand that the White Paper is meant to give colour to some of these questions, but its offering is limited on many of the concrete measures that the Secretary of State may or may not be looking to impose. It hardly needs me to remind the House that this Government will not be in power for ever, as has been noted by the noble Lord, Lord Addington—and some may say the sooner the better, in the light of the current state of our countries. But these powers will be there for others to wield in future, or indeed repeal, if the Government are determined to push this through despite the strong voices that we have heard today to the contrary.

--- Later in debate ---

[Baroness Blower (Lab)]

My Lords, it is interesting to follow the noble Baroness, Lady Fox, because I do not entirely agree with her characterisation of what is going on in schools. I believe that there is a level of mental distress among our children and young people. I am sure it was exacerbated by the pandemic but I think it has been there for a very long time.

I was originally going to stand up only to say that there are lots of things schools can do in response to this issue without pathologising it, which is of course not desirable; I absolutely would not want that to happen. I do not really see that characterisation of schools becoming full of therapists. Frankly, all of our teachers’ time is taken up with doing the stuff that Ofsted tells them they must do, without also being therapists.

However, it is really important that we have extremely well-staffed CAMHS available to all our schools because it is perfectly clear that teachers cannot diagnose actual mental illness. Nor should they—that is not their role at all—but nor can they necessarily decide what level of intervention needs to be made by either them or anybody else if they think that a child has some kind of mental health difficulty. I would be happy for CAMHS to be not just a place to which children go—incidentally, if they are late for their first meeting, they sometimes do not get a second one because CAMHS are so busy—but a facility available to teachers not to deal with their own mental health but to make a proper, professional decision about whether a child is in some kind of mental health distress. The fact is that teachers are not trained or equipped to deal with this, but we are seeing quite a lot of it.

So I do not disagree with everything the noble Baroness said, but I do think there is a pronounced role for CAMHS and that, in most of the areas with which I am familiar, they are not sufficiently well staffed and resourced to ensure that they can respond to teachers’ issues and directly, face to face, to young people’s issues.

[Baroness Wilcox of Newport (Lab)]

My Lords, I will speak to Amendments 22 and 37 in my name and that of my noble friend Lady Chapman.

This group of amendments covers the other side of the argument—the matters for which the Secretary of State should be compelled to set standards to ensure the highest possible educational experiences for our children and young people. We have heard admirable intent from the noble Baroness, Lady Brinton, and others around mental health, SEND and extracurricular activities. Education should not and cannot be just about grades; the whole needs of the child must be considered.

I spent the vast majority of my teaching career working in areas that were not central to the dictates of the national curriculum: the performing arts and creative subjects that gave a wealth of support and experience to children’s learning. Above all, the pupils enjoyed what they were doing, which enhanced their learning and their overall mental and physical health. I have former pupils who have graced West End stages, both front and back of house, and I am very proud of them; but I have hundreds who are not in the entertainment business and who always remind me of their enjoyment of drama lessons and their roles in school productions when they see me in person or via social media.

At lunchtime today, I spent half an hour in our education centre with a group of year 12 pupils from a school in Edgeware. One of the many interesting and searching questions they asked me was, what drives me as a politician and what do I stand for? I was able to say to them, very honestly, that my public service has always been about them—children and young people—and ensuring that they get the best possible start in life with the highest-quality teaching and learning across the whole of the UK, in all our nations and regions.

It was good to be back in a room full of engaging and inquisitive minds on a Wednesday afternoon. I would not want to do it every Wednesday, but it was very good to be back with year 12 again. The teacher texted me afterwards to say how much they had enjoyed it and how much they had revised their view of what the Lords is—so I hope that I did some good for us all—and that they saw that politics can be a force for good, despite the current world view of us here in Westminster.

Our proposal of powers to set standards for work experience and mental health, at the same time as us tabling limits on the Secretary of State’s powers, speaks to the inherent contradiction in this Bill that we are working around. The Government have not put in the Bill the outcomes that they are looking for, whether benign or otherwise. If they settle on imposing standards on academies, that is one thing, but if so they should include these on work experience and health. The Government have given us a vague list of standards which the Secretary of State “may” regulate for. We are flying blind and attempting today to fill in the gaps as best we can. If the Government are intent on this sweeping approach, it is imperative that these issues are included, but we would prefer a strong list of standards that the Secretary of State must regulate around, and using a narrow list already identified in existing education legislation would be helpful to teachers and the Secretary of State alike.

To reiterate, we want the best for our children and young people. That is why we say in Labour’s Children’s Recovery Plan that we would deliver breakfast clubs and new activities for every child, quality mental health support in every school, small-group tutoring for all who need it—not just 1%—continued development for teachers, an education recovery premium and, as we have already done with a Labour Government in Wales, we would ensure that no child goes hungry, by extending free school meals over the holidays, including the summer break. That is a definite set of policies, not a vague list as identified in the Bill.

[Baroness Penn (Con)]

My Lords, as the noble Baroness, Lady Brinton, has said, we have exchanged our telescopes for microscopes and got on to a discussion about the indicative list provided in Clause 1(2). These amendments seek to expand the academy standards regulations, including what those regulations may cover.

As we have debated before, a key part of what this Bill seeks to do is taking existing academy standards set out not in regulation but elsewhere, bringing them together and subjecting them to parliamentary scrutiny. I assure noble Lords that, in each of the areas that they have raised, it is not necessary to amend the Bill for those standards to be included in the future regulations; this is already provided for. However, we also have the other side of the balance to strike in protecting those freedoms that academy trusts have to innovate and make decisions about how they best deliver education for their pupils. Through existing legislation, statutory guidance and their present funding agreements, academy trusts must already meet requirements in each of the areas that noble Lords have proposed. We will seek to replicate those in the standards regulations but that is not the end of the Government’s commitment or work in those areas. It can be delivered in multiple ways, as I will try to set out in my response.

First, Amendments 8 and 37 both raise the important topic of mental health. I agree that schools play a vital role in safeguarding pupil mental health and well-being, which is captured principally by how they carry out their wider duties on the curriculum, behaviour, SEND and safeguarding. Our statutory guidance on these issues sets out how mental health should be factored into what needs to be taught in health education, through to identification of social, emotional and mental health needs as part of the SEND code of practice and information on supporting mental health as part of the Keeping Children Safe in Education guidance.

We have also issued non-statutory guidance to support all schools, including academies, to take effective action, including on whole-school approaches to mental health, behaviour and the effective use of school-based counselling. The noble Baroness, Lady Blower, talked about the importance of access to CAMHS for schools and the pupils within them, and the noble Lord, Lord Hunt, placed this discussion in the context of some of the health reforms in the Bill that we took through in the last Session. They are both absolutely right, and I undertake to write to him on the involvement of educational institutions in areas’ ICBs and ICPs.

This goes to the heart of saying that setting the academy standards is not the sole route to or the end of the conversation about the importance that the Government place on an issue or the effective intervention we can put in place to support it. A big part of mental health is about investing more money into NHS children’s mental health services, as we have done. We have announced an additional £79 million towards that and have invested an additional £70 million to build on existing mental health support in education settings.

Several noble Lords talked about pupils’ mental health during the pandemic and its effect on them. Our recent State of the Nation report shows that children and young people’s well-being is gradually improving from the impacts of the pandemic. That highlights the link between regular school attendance and positive well-being, in demonstrating how critical face-to-face learning is.

Another specific action we are taking is a commitment that was part of the NHS long-term plan to increase the number of mental health support teams in schools and colleges to cover approximately 35% of pupils in England. I believe we are ahead of target on that. This is just to say that we can make standards in this area under the legislation as it is written. We will seek to replicate the standards that exist for academies as they are, but we completely understand the importance of mental health as an issue and this is not the only way in which we will address it.

Amendment 9 brings the welcome opportunity to focus on special educational needs and disability. The Government are just as ambitious for children and young people with SEND as for every other child. Again, I reassure the noble Lord, Lord Addington, that the academy standards regulations will reflect existing requirements on academy trusts, including those on SEND. For example, the Children and Families Act 2014 already requires mainstream schools to use their best endeavours to secure the special educational provision required by a child or young person, and there are provisions in funding agreements that require academy trusts to ensure that their academies meet the needs of individual pupils, including those with special educational needs and disability. Academy trusts must also have regard to the special educational needs and disability code of practice, which requires there to be a qualified teacher designated as the special needs co-ordinator in each academy. All these requirements will be reflected in the academy standards regulations.

The Government recently published our SEND and alternative provision Green Paper, which includes a proposal to introduce national standards for the support that should be available for children and young people with SEND. As the noble Lord, Lord Addington, knows, that proposal is currently out for consultation, and responding to that is the best vehicle to progress policy on these important matters. Should the outcome of the consultation determine that new national standards on SEND are required, we would consider including them in the academy standards regulations, as the Bill is drafted.

--- Later in debate ---

Moved by

[Baroness Wilcox of Newport]

28: Clause 1, page 3, line 10, at end insert—
“(9) The Secretary of State must publish—(a) an annual report on the exercise of the powers under subsection (1), and(b) an annual impact assessment on the exercise of those powers.(10) Before exercising the powers under subsection (1), the Secretary of State must consult relevant groups, including parents, teachers and governors, on the use of such regulations.”Member's explanatory statement
This amendment would require the Department for Education to seek the views of groups including parents, teachers and governors on how academy regulations are implemented, and then allow sight and scrutiny of the use of the new powers.

[Baroness Wilcox of Newport (Lab)]

My Lords, this group is another trying to put safeguards around the Secretary of State’s powers to set academy standards. In the absence of proper parliamentary scrutiny mechanisms, industrious noble Lords have sought to add their own. My amendment would require the DfE to consult parents, teachers and governors on how the regulations are implemented and then allow sight and scrutiny of the use of the new powers by way of reporting and assessing the impact that use has had.

For such a sweeping change to a crucial area of social policy, we believe that this amendment is proportionate and only right to allow meaningful public scrutiny. If the Secretary of State is overreaching or, equally, not doing enough to intervene in a specific case, it would allow that to become public knowledge and the public, expert stakeholders and parent groups to make the case for change.

My Amendment 83 would subject to the affirmative procedure the Secretary of State’s power to give any person they choose responsibility to judge an academy’s compliance with standards. Such a large empowerment, with the potential to place all-important judgments with anyone that the Secretary of State wills is surely worth giving Parliament sight of, and anyone involved in the process of proper scrutiny and democratic accountability should have little problem agreeing to the amendments. I thus beg to move.

[Lord Hunt of Kings Heath (Lab)]

My Lords, I strongly welcome my noble friend’s amendment. I, along with my noble friend Lady Blower, have a number of other amendments in this area.

I want to encourage the Minister to say something about this. Clearly, she has heard all our concerns about Clauses 1 and 3. I just want to suggest that one way through may be to consider the super-affirmative procedure for dealing with the issue of standards. We debated earlier the issue that even an affirmative instrument allows us only a debate. The advantage of the super-affirmative procedure is that it allows both Houses of Parliament opportunities to comment on proposals for secondary legislation and recommend amendments before orders for affirmative approval are brought forward in their final form. The idea of the super-affirmative procedure is that those orders are implemented in enactments where an exceptionally high degree of scrutiny is thought appropriate—for instance, for the scrutiny of certain items of delegated legislation made or proposed to be made under Henry VIII clauses.

Take my noble friend Lady Chapman’s earlier amendment, in which she sought to replicate the standards in relation to independent schools and said that, basically, this would give a much more explicit set of standards to work on. If you combine that with the super-affirmative procedure, you might achieve a greater and more effective way whereby Parliament could scrutinise what the Government seek to do. However, I really do not think that simply having regulations is the way to do it. I urge the Minister to consider this procedure as one way through, because it would give Parliament an opportunity to comment on the draft regulations and the department an opportunity to go away and consider it before coming back with the substantive order. In some ways, this would be a very good way to deal with some of the issues in this Bill.

--- Later in debate ---

[Baroness Barran (Con)]

My Lords, this group of amendments seeks to apply additional procedural requirements to the use of the powers in Clause 1. I have heard again your Lordships’ concerns about the centralisation of power over academies with the Secretary of State but, again, we want to do this so that we have a regulatory system which is more transparent and accountable to Parliament than the one which we currently have.

The noble Lord, Lord Hunt, invites me to consider carefully the super-affirmative procedure. The spirit of the regulations is that they will be subject to the affirmative procedure each time they are laid, allowing Parliament the opportunity to scrutinise, debate, and vote on them. We recognise the importance of consulting representatives from the sector on regulations and, as I have said before, the Government will always undertake a consultation on the regulations prior to them being laid.

The noble Baroness, Lady Bennett, referred to the report and impact assessment on the exercise of the powers. The Secretary of State will of course consider very carefully the likely and actual impact on academy trusts of any standards set out in the regulations.

Turning to Amendment 83, I say that Clause 1 is not designed to increase burdens on academy trusts, and that includes burdens associated with regulatory compliance. Clause 1(7) allows the conferral of the Secretary of State’s regulatory functions to another person. It is important that we ensure that the right accountability arrangements are in place. In some cases that will be ensured by Ofsted and Ofqual. It is already the case that the Secretary of State can delegate responsibility for some elements of regulatory compliance, such as in relation to the monitoring of exams and other assessments. The provisions in Clause 1(7) ensure that this can continue to happen under the academy standards framework. I therefore invite the noble Baroness to withdraw her amendment.

[Baroness Wilcox of Newport (Lab)]

The Minister noted that the Government want a more transparent and accountable way forward, but this whole debate has seen strong arguments from all sides of the House, from former Secretaries of State, in direct opposition to this view. I hope that the Minister has been listening, as I am sure that she has, but the story continues, as do the probing amendments and the demystifying of what on earth is going on here, while wanting the central purpose to remain the raising of standards for young people. With that in mind, I beg leave to withdraw my amendment.

Amendment 28 withdrawn.

Schools Bill [HL]

Baroness Wilcox of Newport Excerpts

2nd reading & Lords Hansard - Part two
Monday 23rd May 2022 Lords Chamber

[Baroness Wilcox of Newport (Lab)]

My Lords, this has been a high-quality debate with insightful contributions from all sides of the House and a wealth of experience and expertise displayed. Schools and universities across the UK have been profoundly impacted by the pandemic. It is well documented that there is a disparity in the impact between schools in deprived areas and those in the most affluent areas.

I will begin by remarking on the excellent points made by my noble friend Lady Chapman, where she noted the essence of this Bill. There is more to say about what is missing than about what is there. We wanted to see an ambitious, substantiated plan to support our children’s pandemic recovery, but sadly it just is not there. Where are the proposals to improve teaching standards or to tackle the absolute exodus of burnt-out school staff? Where are the measures to equip our students with the skills they will need in the industries of the future, in an ever-more globalised and technologically advanced economy? This Bill does nothing for these crucial aspects of our children’s learning and is a huge missed opportunity. Education and skills will be a critical pillar if the Government are serious about their latest slogan of levelling up, and from the Bill before us, I am not sure that they are. The Bill focuses on structures, not standards. Right now, struggling schools do not need new regulation and new responsibilities: they need more teachers, better mental health support and buildings that are not falling down.

Many points were raised by your Lordships. There were concerns about the opaque nature of the governance of academies, in particular the idea of an all-powerful centre and satellite schools noted by the noble Lord, Lord Storey. There was an interesting idea that young people clearly consider the environment as part of their rights and values, as indicated by the noble and right reverend Lord, Lord Harries of Pentregarth, in the amendment he proposed, and the right reverend Prelate the Bishop of Durham was absolutely right to assert that we should not sell our children short, as seems to be the case throughout the Bill.

I agree with my noble friend Lord Blunkett when he says with experience and eloquence that the crisis in teacher recruitment and retention is nothing short of scandalous. The Bill is a lost opportunity, with the missing element of accountability. The noble Baronesses, Lady Meacher and Lady Berridge, both alluded to the importance of legislating for children who are home educated.

My noble friend Lady Morris of Yardley—who, incidentally, gave me the largest pay rise I ever had as a teacher—wisely noted that the Bill is trying to redress the coalition agreement, and that academies are no more successful than any other type of school. She asked how the Government and Civil Service are best placed to determine these matters—where is the evidence? Ofsted does not inspect them, and they do not follow the national curriculum. She noted that we need to determine what makes a good school and replicate that.

The noble Lord, Lord Baker of Dorking, is a former Tory Education Secretary of State who did not give me a pay rise but did give me Baker days, which was a welcome addition when we could stop, think, renew and learn as we went along in a sometimes frantic career. His comments were frankly astounding. He said that, since 1870, previous Secretaries of State for Education have never had such sweeping powers as the current Secretary of State is looking to assume in this Bill. It is worth repeating his words:

“We have to be very aware that this is … a real grab for power by the Department for Education”,


which

“has never run a school … but now it is going to take complete control”.

My noble friend Lord Knight of Weymouth raised the important possibility of what future Secretaries of State might do with the powers that they grab in the Schools Bill of 2022.

My noble friend Lady Bakewell raised some extremely concerning matters regarding approximately 6,000 students in the education system who attend unregulated schools, where little attention is given to secular education and LEAs seem reluctant to intervene. These matters must be clearly addressed by this Bill.

My noble friend Lord Hunt also commented on the power grab idea put forward by the noble Lord, Lord Baker. He further reminded us that we should acknowledge the excellent work that goes on in our maintained schools across the country. He was quite right to point out the financial concerns regarding academies, notwithstanding parents being unable to review the financial status of such schools and the increasingly excessive payments to head teachers of these establishments.

My noble friend Lady Blower was as detailed and incisive as ever with her points on the Government’s casual use of data and the complete reversal of social justice in funding terms.

The noble Baroness, Lady Brinton, made some extremely concerning and important points regarding data and its unregulated use.

My noble friend Lord Watson gave a really detailed and insightful speech. He helped me greatly during the passage of the skills Bill in understanding the process of your Lordships’ House. He too noted the Government’s obsession with academies, which appears to be driven by ideology rather than evidence. In terms of home education, he also noted that child safety and the rights of the child must be paramount.

I will reiterate what Labour’s children’s recovery plan would deliver: small-group tutoring for all who need it; breakfast clubs and after-school activities for every child, as we have in Wales; quality mental health support for children in every school; continued professional development for teachers to improve teaching and learning; and targeted extra investment from crucial early years to further education to support children and young people at risk of falling behind.

I conclude that there are some welcome proposals in the Bill, but it has completely the wrong priorities. As the Bill progresses through your Lordships’ House, Her Majesty’s Opposition will be looking to work with the Minister and colleagues across the House to address our real concerns throughout the scrutiny process and will aim to ensure that the Bill can be the best it can be. Our children and young people deserve nothing less.

Schools: Creative Subjects and the English Baccalaureate

Baroness Wilcox of Newport Excerpts

Tuesday 29th March 2022 Lords Chamber

[Baroness Barran (Con)]

The noble Lord raises a large, broad and important issue. Of course we need a resilient education system and resilient children, and in the announcements in our schools White Paper and the special educational needs and disability Green Paper published this morning, we have set out exactly how we plan to do that.

[Baroness Wilcox of Newport (Lab)]

My Lords, I taught creative subjects for over 30 years and, as principal examiner for A-level theatre studies for much of that time, I saw a wealth of talent studying this subject across the UK. It is essential that we promote the creative arts in our schools. They nurture well-rounded students and bring a breadth and depth to their learning. In hard cash terms, according to DCMS analysis, the creative industries contribute almost £116 billion a year to the UK. If, for example, the current decline in A-level music that many noble Lords have mentioned continues, this subject could have zero entrants in 10 years’ time. What, if anything, are the Government doing to reverse this appalling decline?

[Baroness Barran (Con)]

At the risk of repeating myself, we have announced that we will publish a cultural education plan together with DCMS, working jointly across government, which is the right way to approach it. We will shortly announce our national plan for music education. We are doing a lot of work and continue to invest around £115 million per year in cultural education.

Skills and Post-16 Education Bill [HL]

Baroness Wilcox of Newport Excerpts

Consideration of Commons amendments
Thursday 24th March 2022 Lords Chamber

Moved by

[Baroness Wilcox of Newport]

Add the following amendments to Amendment 17—

17E: In subsection (4), in inserted subsection (2A)(b), after “provide” insert “in-person”

17F: In subsection (4), in inserted subsection (2B), at end insert “, beginning in Year 7 and running over at least two weeks on each occasion”

[Baroness Wilcox of Newport (Lab)]

My Lords, Motion 17D and Amendments 17E and 17F, tabled in my noble friend Lord Watson’s name, would in essence require schools to give careers advice for at least two weeks and in person after year 7 in secondary school. Technical education information provided to students must be given on two occasions per key education phase rather than on one occasion. In the next Labour Government, we will reinstate two weeks of compulsory work experience and will guarantee that every young person gets to see a careers adviser. We will refocus the curriculum, deliver new opportunities for digital skills, practical work and life skills, sport and the arts, and give every young person access to a professional careers adviser to make sure that they leave school ready for work and for life. We will give every child access to quality careers advice in their school by giving schools access to a professional careers adviser one day a week. In the meantime, however, we are where we are, and this amendment would at least put some extra provision into an area that is underresourced and in need of additional support. I beg to move.

[Lord Storey (LD)]

My Lords, I start again by thanking the Minister for meeting with myself and colleagues and with the Minister for the Department of Work and Pensions. I think we are all agreed that we want to ensure that every young person, whatever their circumstances, situation or abilities, is given the opportunities to study and to develop the skills that they need and that, presumably, we as a society need.

In meeting with the Ministers, I was impressed with the number of schemes for support that the Department for Work and Pensions provides. In recent years, we have seen a coming together of the Department for Education and the Work and Pensions Department in a way that we have never seen before. I was interested to see that the Department for Work and Pensions offers young people the intensive work-coach support through youth employability coaches, 160 youth hubs, training progress, expansion of sector-based work academy programmes, the restart scheme, the access to work scheme, providing personalised support to the disabled, and of course through Kickstart. However, I have to say that I have always been surprised that, although Kickstart has been a successful programme, a 16 year-old cannot join it unless they are on universal credit, and of course most 16 year olds are not.

Although I said how impressed I was at the joining up of the two departments, I was rather concerned when, in a Written Question to the Department for Work and Pensions, I asked how many young people aged 16 to 19 are currently studying for a post-16 qualification and the answer came back: “That information is not available.” I then asked:

“how many young people aged 16 to 19 who are receiving Universal Credit have successfully completed a post-16 qualification.”

Again, the answer came back: “We haven’t got that information”, which I was slightly concerned about.

Perhaps the most vulnerable—if I may use that term—with regard to education must be those students who either have learning difficulties or who are disabled. I want to highlight, as the Minister has done, the problems that disabled students face. Under the current rules, to start a claim for universal credit while in education a disabled person must already have limited capability for work status, as the Minister said. But, of course, to get that status a disabled person must have a work capability assessment, and the main way to access an assessment is by starting a claim for universal credit.

In practice, disabled people in education are in a Catch-22 situation. They need limited capability for work status to start a claim for universal credit, but they need to start a claim for universal credit to get limited capability for work status. Currently, the only way a disabled learner can get an assessment and therefore limited capability for work status while studying is by applying for a contributory new-style employment and support allowance instead of universal credit. Because claiming ESA involves an assessment, it can establish a young learner’s limited capability for work, so they can go on to claim universal credit. Is the noble Baroness following me? However, the oncoming rules will close off the ESA workaround route because they require assessments to have taken place and limited capability for work to have been established before a claimant starts studying. The new rules close off the only route young disabled learners have to universal credit.

Additionally, it would probably be helpful to address the Government’s assertion that the welfare system is not designed to fund maintenance support for those in education and training and that financial support for students comes from the current system of learner loans and grants. The problem is that, currently, there is extremely minimal financial support for those seeking to train and retrain in further education colleges, which might at best contribute to travel costs but which is nothing like enough to support wider living costs. As such, adults who are forced to forgo their universal credit in order to study have to be supported by family or live off savings they might otherwise have been able to obtain.

I know we discussed the amendment from the right reverend Prelate the Bishop of Durham on Report, and I am conscious of the Minister’s detailed reply, but for disabled people particularly, the situation is very precarious. I hope the Minister might agree to look at this matter with her colleagues and see how we can further support them.

--- Later in debate ---

[Baroness Barran (Con)]

I thank all noble Lords who have spoken today, particularly on the amendments and Motions we have just debated. I will touch very briefly on the points raised.

I thank the noble Baroness, Lady Wilcox, for her explanation of the Labour Party’s vision for curriculum extension, but, as I set out in my opening remarks, we have very real concerns in relation to this amendment about the impact that a two-week work experience slot would have on schools. We question the value of provider encounters in year 7, before those students can act on them, as I set out in my earlier remarks.

On the very eloquent explanation of the disability benefits system from the noble Lord, Lord Storey, as he knows, we are very concerned about disability unemployment. We published a national disability strategy last July that set out how the Government will help level up opportunity and improve the experience of disabled people. Critically, that includes greater inclusion in the workplace to tackle the disability gap. As the noble Lord remarked, a great deal of work and many initiatives are going on in this area. I am more than happy to accept, on my behalf and that of my noble friend Lady Stedman-Scott, any further conversations the noble Lord would find useful, and I will take back his thoughts to the department.

I thank the right reverend Prelate the Bishop of Leeds and his colleague the right reverend Prelate the Bishop of Durham, and similarly reassure them, on behalf of my noble friend Lady Stedman-Scott, that we would be delighted to continue to work with all noble Lords on these issues, which I know she takes extremely seriously.

On the amendment from the noble Lord, Lord Addington, I would be glad to write to him to try to reassure him about the quality of the advice we have received and the experience of those giving us that advice. I reiterate our concerns about inflexibility in relation to a measure that is in the Bill, particularly since we introduced this standard only in September 2021. The noble Lord will understand that, much as I would like to, I cannot pre-announce anything from the SEND review, but I very much hope he will find much that interests him within it.

[Baroness Wilcox of Newport (Lab)]

I thank the Minister for her reply, and I offer in all sincerity that, if she ever wants to discuss the Labour Party’s policy on education and future strategy, I am always available. However, we continue to believe that the amendment is a necessary addition to the Bill. Therefore, I ask the House to agree with it and I wish to test the opinion of the House.

Education (Careers Guidance in Schools) Bill

Baroness Wilcox of Newport Excerpts

2nd reading
Friday 4th March 2022 Lords Chamber

[Baroness Wilcox of Newport (Lab)]

My Lords, as we heard from the noble Lord, Lord Lucas, and others, this promising Bill would extend the existing duty that some schools have to make careers guidance available. It would mean that all secondary school pupils in the state sector got access to independent careers advice.

Labour supported this Bill in the Commons, and I am happy to reaffirm this today. These measures are an important first step in aligning the experience—and, ultimately, the life chances—of state school pupils with their independently educated peers, who we know in general have much greater access to information. Indeed, as a former teacher in the state sector with 34 years’ experience, I can confirm that careers guidance was always a moveable feast. However, in my former school, Hawthorn High School in Pontypridd, we were fortunate to have the skills and knowledge of one of the area’s outstanding careers teachers, as noted by her regular grade 1 Estyn grading—my former colleague Helen Lima. Every student deserves the opportunity to have such support. As my noble friend Lady Morris said, young people lack the skills to make the appropriate decisions—particularly youngsters with greater socio-economic needs.

Careers education must be a crucial building block of the Government’s schools policy—and their levelling up. I am glad to see the levelling-up Minister here to listen. Labour stands ready to help the Government in their aims on this wherever we can. There is a serious gap of rigorous and dynamic careers guidance in our schools. In the Skills for Jobs White Paper, the DfE admits that

“there is no single place you can go to get government-backed, comprehensive careers information.”

We have the opportunity to correct this, and we simply must ensure that the provision put in place is evidence-based and effective.

It is no use, for example, if pupils are encouraged into contracting industries, or not informed about burgeoning ones, especially in our dynamic area of future technologies. Indeed, despite the admirable intent of the Baker clause—and boy, did I like those Baker days from 1988 onwards; they were very useful—a third of students say they have received no information about apprenticeships. So I urge the Minister to consider monitoring and evaluation when implementing these measures. What metrics will the Government use to define success—user satisfaction or employment outcomes? And, importantly, how will we change course if the scheme is failing?

I pay tribute to the honourable Member for Workington, who is sponsoring this Bill. In Committee in the other place, he pointed out that only 45% of secondary schools and colleges are involved in career hubs, the formal partnership between schools, businesses and training providers. This seems like a lost opportunity. I would argue that the Government could go further and faster. Is their aim for the number to be 100%, and by when?

Labour’s strongly held view is that every young person should be able to expect quality work experience —an experience that opens their horizons and is judged not on whether they are safe but on whether it helps them to experience their future world of work. Indeed, I am delighted that the leader of the Opposition in the other place has announced an excellent offer that will be introduced by the next Labour Government. It will include the equivalent of two weeks-worth of compulsory work experience to connect young people with local employers, build the skills for work and ensure that every child and young person has access to quality careers advice in their school by giving every school access to a professional careers adviser once a week: a Helen Lima for every school.

Until that day, however, I conclude by reaffirming our overall support for the Bill and my gratitude to all those supporting it. These are surely common-sense measures and a solid step on the way to helping school pupils into meaningful employment and a bright future.

Skills and Post-16 Education Bill [HL]

Baroness Wilcox of Newport Excerpts

Thursday 21st October 2021 Lords Chamber

[Baroness Wilcox of Newport (Lab)]

My Lords, I am grateful to my noble friend Lord Adonis for clearly defining the difference between Amendments 35 and 35A—I will henceforth think of Amendment 35A as “A for action”.

The skills White Paper promised a three-point plan to enforce the Baker clause, back in January 2021. Point 1 of the plan was the introduction of specific minimum requirements, but the Government’s amendment states that pupils should expect only two mandatory visits from providers of technical education and apprenticeships over the course of their secondary education, although individual schools may opt to provide more. I doubt that. I agree with the noble Lord, Lord Baker, that this is wholly inadequate.