Technical and Further Education Bill

Lord Knight of Weymouth Excerpts

Committee: 1st sitting (Hansard): House of Lords
Wednesday 22nd February 2017 Grand Committee

[Baroness Whitaker (Lab)]

I apologise that I was not able to be at the Second Reading of the Bill and I declare an interest as a fellow of the Working Men’s College, whose chair I used to be. I support all these amendments but I shall speak briefly to Amendments 9 and 11. Careers advice has not exactly been the jewel in the crown of maintained education, as I think the noble Lord, Lord Aberdare, said. It is imperative that our young people have comprehensive advice on routes to the later stages of education. That will give them the capacity to fulfil themselves as well as help them to build up the technical expertise our economy needs. We have never been in more need. I think that the Government approve of choice, so I hope that the Minister will accept the amendment.

[Lord Knight of Weymouth (Lab)]

My Lords, I also apologise that I was not able to speak at Second Reading and I remind the Committee of my interests in respect of my employment at TES, which is probably where I was when the Second Reading debate took place. As others have said, careers education has been a failure under successive Governments, including the one of which I was a part. It is a hard area to resource well and it is hard for professionals in this area to keep up with the real world. From the contacts I have had with careers education professionals, they feel that the situation is getting worse, but that is for people generally to judge. I certainly mourn the loss of the education business partnerships that were part of keeping schools in touch with employers in their localities.

I join with those who are looking forward to a careers strategy from the Government, as set out in Amendment 2, but I am not sure about Amendment 9 and the need for a platform. I remind the Committee that UCAS itself has apprenticeship routes on it. You can search for apprenticeships on the UCAS website. I also remind the Committee that there are other providers. There is a company called Unifrog, which has been set up by a young man who is a Teach First ambassador. It takes the API feed from UCAS, provides a range of advice around apprenticeships, higher education and various learning providers, and as far as I can see it does that very well. I have some scepticism about requiring the Government to set up websites when others are providing them perfectly well and are probably better able to keep up with how technology is being used on the ground by young people.

I am very pleased to see that Amendment 11 would apply to all schools, including academies. I see that the noble Lord, Lord Adonis, has added his name to it. I remember a similar amendment to the Education and Skills Act 2008 requiring the provision of impartial careers advice, but that applied only to local maintained schools because my then fellow Minister, the noble Lord, Lord Adonis, did not want it to apply to academies. However, there were not very many of those at the time. I also remember that in the following year the Apprenticeships, Skills, Children and Learning Act came in which required all post-16 institutions to give specific advice on apprenticeships.

To an extent, we have been here before. That is why the comments of my noble friend Lady Morris are so important on the incentives, and indeed the disincentives, in the system around giving impartial careers advice. So much is loaded on the intellectual, academic route and, in the end, that is what our schools system is designed for. It was designed in a bygone age to route people towards intellectual destinations in the knowledge that there would be a lot of wastage along the way but that those people would be picked up by the labour market employing them in factories or by marriage to someone who worked in a factory. However, we do not live in that labour market any more.

The substantive point I want to make to the Committee is this: how are we going to keep up with the rapid changes in the skills environment that are going on in the labour market? How do we ensure that these apprenticeship qualifications continue to have currency with the level of technological and demographic change that is altering things so dramatically? How do we ensure that careers advisers know the reality of what is changing? Demographic change means that a child starting school last September has a more than 50% chance of living to be over 100. The only way it is affordable for them to live to such a ripe old age is for them to carry on working into their 80s. They will have a 60-year working life and will, therefore, change career on many occasions. We need a skills infrastructure that allows them to be credited for the skills they acquire in work, to take short, intensive breaks from work to acquire new skills, and to take longer sabbatical periods to reacquaint themselves, if they have been there before, with higher education. How we design that is a big challenge, as is how we give young people through their educational journey, particularly their statutory one, a fundamental love of learning and the skills to learn so that they can retrain as technology deskills them. That way, they will have the resilience and reflective ability to understand that need.

Yesterday, I was discussing an Oxford University study, being done jointly with NESTA, on the skills needed for 2030. It is a bit of a mug’s game trying to predict what those might be, but a good projection is that the particularly vulnerable skills are in transport, customer services and sales, administration, and skilled construction and agricultural trades. These are among the themes that are picked up in the letter we were so pleased to receive from the Minister yesterday and in the 15 routes set out in the Sainsbury review. But some of those will go. For example, we have seen huge investment into driverless vehicles, particularly in Silicon Valley, and know the number of people who will be affected if that investment achieves a return—we can be pretty sure that it will over the next 20, 30 or 40 years. We have also seen the first humanless retail outlets being opened by Amazon. We can start to see some of these changes taking place, and I question how we are going to keep the advice, qualifications and structure sufficiently agile to keep up with the rapidity with which these changes may come and the new sectors that will emerge. We should not be wholly pessimistic about what will happen to the labour market, but advanced cognitive skills will undoubtedly be in increasing demand as artificial intelligence and robots take over some occupational categories.

How often does the Minister see the occupational categories set out in Schedule 1 being reviewed? How often are we likely to review the agility of the qualifications themselves? Qualifications generally are losing credibility with many employers because it takes too long to design them and get them approved. In particular, the suggestion set out in the letter—of procurement on a single licence for each one—means that whoever wins the qualification has to get a return on investment for delivering it. That might lock them into a period that removes the very agility that I am talking about. Finally, and most importantly, how will the new institute work with employers to ensure that that agility is informed by the best possible predictions about future skills needs five and 10 years hence?

[Baroness Cohen of Pimlico]

My Lords, I support the amendments in general. I declare an interest as a director of Parkside Federation Academies Multi-Academy Trust and as a governor of the UTC Cambridge UK. We have had all the difficulties recruiting for the UTC that the noble Lord, Lord Baker, has so eloquently adverted. No school has wanted to let us come in and take their kids.

Education: Newly Qualified Teachers

Lord Knight of Weymouth Excerpts

Monday 30th January 2017 Lords Chamber

[Lord Knight of Weymouth (Lab)]

My Lords, I remind the House of my interests relating to my work at TES. Last Monday, the head of education for the OECD, Andreas Schleicher, was in London, at a meeting of more than 80 Education Ministers. He reminded them that this country is the world capital of rote learning—as opposed to the leading jurisdictions, such as Singapore, Shanghai and Hong Kong, which have far less rote learning because they focus on deeper thinking through mastery. Is not the retention problem in this country that bored teachers are having to fill bored pupils with too much shallow-level content and not enough deep thinking?

[Lord Nash]

I do not agree with the noble Lord, although I have lot of respect for his experience in this area. One thing we have done is improve the knowledge in the curriculum because cognitive science is absolutely clear that to develop skills such as critical thinking, you need knowledge to apply. We are also clear that some of our best groups are now developing much better teaching resources for teachers so that they do not have to spend time devising lesson plans and can spend much more time developing the kind of techniques that the noble Lord refers to.

Grammar Schools

Lord Knight of Weymouth Excerpts

Thursday 13th October 2016 Lords Chamber

[Lord Knight of Weymouth (Lab)]

My Lords, first, I declare my interest related to my work at TES. I congratulate my noble friend on her fine introduction to this debate. It is also a delight to follow the maiden speech of the noble Baroness, Lady Vere of Norbiton. Clearly, her expertise will make an important contribution to our work. I noticed on her Twitter timeline that she recently saw David Gilmour at the Albert Hall, but I think we would both reject his message that:

“We don’t need no education”.

I congratulate her on a fine speech, on joining the House and on her recent engagement.

The 1911 census shows my grandfather William working in a lock-making factory in Wolverhampton, aged 15. Two years previously, he had left school at 13. He had attended a school founded by the Sisters of Mercy for the children of poor Irish immigrants. They taught him to read and write—everything he needed for factory work. With the outbreak of the First World War, William joined up. He fought in the Somme, he was gassed; he survived. The social mix of the war changed him. His new ambitions rejected returning to the factory and he became a salesman.

Thirty years later, his daughter—my mum—made the cut and passed the 11-plus. She went to grammar school and joined the professions in banking. My dad went to the neighbouring grammar school for boys, as did his little brother. They went into articled accountancy and banking respectively. Their two other brothers missed the cut and followed the destiny of their fellow 75% into the forces, farming or factories via the secondary modern.

Twenty years on, my professional parents could afford to buy me and my brother the privilege of going private. We went to an independent school specialising in getting boys into Oxbridge. As a result, we were the first in our family to go to university. We were implicitly promised that if we worked hard, did well in our exams and got a good degree from a great university, we would want for nothing. We could choose our career, get a job for life, join a final salary pension scheme, get a 25-year mortgage and retire in our 50s. That promise is over. I am on my fifth career but maybe as a Peer I have the ultimate job for life. For my children, longevity and technology have changed the game, yet we still have a schooling system designed around that promise.

My family’s story can be told as a great social mobility story—from locksmith to Lord—thanks to selective education. But it is also a story of brothers divided, of your destiny set at 11, of life chances being bought and of education being designed to meet the needs of the economy, regardless of fairness. Selective education is unfair. Those arguments have been well made, particularly by my noble friend Lady Andrews. But I want to argue for a schooling system that meets the needs of our new economy and gives every child a chance to do well in this changing economy.

This summer Foxconn laid off 60,000 workers in China. It was cheaper for it to deploy robots than $5-a-day workers. Around the same time, the first artificially intelligent robot, ROSS, was hired by a law firm, BakerHostetler. No wonder this week’s Science and Technology Committee report on AI calls for a more flexible education system in response.

Most fundamentally, we cannot afford to expand a system designed more than 70 years ago to filter 25% of children at 11 into the professions, knowing that the remaining 75% have a secure economic future working in, or marrying someone destined for, the factory. We cannot afford that wastage in a modern economy where we all thrive together on the basis of everyone outcompeting robots.

As the excellent book The 100-Year Life by Professors Lynda Gratton and Andrew Scott points out, a child born today has a more than 50% chance of living to over 100. Neither the child nor the taxpayer can afford for them to retire any earlier than in their 80s. That 60-year or 70-year working life means several careers and a lifelong relationship with learning, so that alongside recreation that person can also do re-creation as technology continues to deskill us.

As employers tell me—I confess that they are normally part of the global elite which the Prime Minister sneers at—we need much more breadth in school and higher education. We need more human and creative skills as well as STEM skills, and every child needs them. The last thing we need therefore is more narrowing of options through selection, so we have to campaign and persuade the Government to give our country, and the discontented majority, a future but not by creaming off some lucky ones and not by an exclusive academic focus. Instead, we should give them hope through radical reform that is joined up across the three pillars of the re-unified education department—skills, schools and universities—and that believes in the ability of every child.

Grammar Schools

Lord Knight of Weymouth Excerpts

Wednesday 14th September 2016 Lords Chamber

[Lord Nash]

The noble Lord raises an extremely good question. We are surrounded in Pimlico by a lot of schools that, in one way or the other, partly because they are independent, are selective. But through our reforms, we are determined to see the selective sector—all selective schools, including existing ones—engage much more widely with the system, focusing particularly on lower-income households, so that we can help drive a school system that works for everyone.

[Lord Knight of Weymouth (Lab)]

Parents in this country are spending an estimated £4 billion to £7 billion a year on private tuition for their children. I declare my interest in respect of my employment at TES. What is the Minister’s estimate of how much that private tuition bill will go up for those anxious parents and of how many teachers will be displaced from the classroom in order to pursue that lucrative business opportunity?

[Lord Nash]

I am fully aware that tutoring is a thriving business, and I know that many of these tutoring firms provide tutors pro bono to comprehensive schools—in fact, we have such a programme in my own schools. We are working with the Grammar School Heads Association to devise tests which are much more difficult to tutor for. As for the last question, I am not going to predict the answer to that.

Schools: Admissions

Lord Knight of Weymouth Excerpts

Thursday 8th September 2016 Grand Committee

[Lord Knight of Weymouth (Lab)]

My Lords, I congratulate the noble Lord, Lord Lucas, on securing this important debate and on his contribution. I agreed with pretty much everything he had to say, which often happens, but not always. In particular, when I talk about the relationship between parental choice and those with disadvantages, I will echo some of his points.

I start, however, with the new Prime Minister’s commitment to social mobility, made in her first speech outside No. 10. She said that Britain should be,

“a country that works not for a privileged few, but for every one of us”.

I thought that not only would that have been a nice thing to hear a Labour Prime Minister say going into No. 10—they could easily have done so; it sounded a bit like the “for the many not the few” rhetoric used so much by Tony Blair—but that it was a positive sign of her commitment to education.

Parental choice, which is what this debate is about, is designed to improve the quality of education for everyone. The notion is obvious: if you give parents the power of the market in accountability terms, you can improve schools because they can use their choice to go somewhere else—with per-pupil funding, the consequence will be that schools sort themselves out. We know, however, that this does not necessarily work. I represented a rural area in Dorset when I was in the other place, and in the chunk of my constituency in the Purbecks you basically had no choice. You had to try to get your child into the local secondary school because the distance you would have to travel otherwise was, for most parents, prohibitive.

There is, moreover, an assumption that parents will choose on the basis of standards. That is also not always the case. When I was doing the Minister’s job, I recall being particularly frustrated that there was a Catholic school in the east of England that was doing appallingly in examinations but had full rolls. It was oversubscribed largely because of an influx of Catholics from Eastern Europe who wanted to send their kids to the nearest Catholic school. They were exercising their choice but not necessarily in the way the policy intended. So we have to have some caution about parental choice.

The best recent discussion of evidence that the disadvantaged find it harder in an environment of parental choice is in the department’s own analysis, published in January 2014 and authored by Rebecca Allen from the Institute of Education and Simon Burgess and Leigh McKenna from the University of Bristol. They conclude:

“The evidence suggests that what parents look for in a school may vary by social class: middle classes tend to value performance and peer group; lower SES groups may look for accessibility, friendliness of staff and support for those of lower ability. This may lead lower SES groups to select themselves out of high performing schools to avoid possible rejection or failure. Disadvantaged families (by definition) have access to less in the way of resources, which may limit the range of schools which they can consider due to transport costs. More affluent families tend to have access to higher quality information on schools and be more adept at using it. The publication of performance tables and Ofsted reports aims to level the playing field in this regard, but cannot generate informal knowledge of local schools”.

That sums up all of the reasons why support for parents in navigating schools’ admissions arrangements is really important. We have to try and replace that lack of informal knowledge that more advantaged and better networked people have. How many local authorities now offer a choice advice service? As I recall, this was introduced in the Education and Inspections Act 2006, a piece of legislation that I inherited from my predecessor Jacqui Smith when I was a schools Minister. It all passed by in a bit of a haze, but I think that piece of legislation brought it in. It is a very useful service. I had a quick look today at the council websites for the London Borough of Barnet, Nottingham and Redcar and Cleveland. Those authorities clearly have active sites with active advice and are employing people to try to help families in their areas. I would be interested in how much of that sort of service still continues, given local authority cuts and how effective it is.

It is also important to think about how we might develop more peer-to-peer networks so that families from communities that are successfully navigating the complicated picture of different schools’ admissions policies can to some extent be like the expert patients that we have sometimes had in the health service. They are to some extent the expert parents. Can more be done on what the noble Lord, Lord Lucas, said about the use of data? We can then enable private and third-sector smartphone app developers to develop solutions to make it really easy for parents to show their preferences on transport, as well as standards and faith and all the different things that weigh on parents’ minds when they have the anxious experience of deciding which school to choose.

It is really hard for parents to select schools. It makes me want to ask—this is just about relevant to the debate—why we might want to make it easier for schools to select parents. It is really important that we have a tough admissions code. It is really important that we create as level a playing field as possible for parents so that schools are not going out to choose them to make their job easier in the high-stakes accountability that we have in this country.

It is equally important that we do not extend selection. My parents benefited from a grammar school education, as a result of which my father became an accountant. He joined the professions without going to university. My mum was able to join the banking profession. As a result they were able to afford to buy me and my brother the privilege of an independent school education and we were then the first in our family to go to university. At one level, you could say that is a great story of social mobility, but they were the lucky 25% at a time when in the economy there was perhaps a logic to letting 75% go and work in factories or marry those who worked in factories. That logic no longer persists because we now have a very different economy from the one in which the grammar school system was designed. We need to move away from education being used to sift people and being more about an education than a schooling system. I know the Minister is committed to empowering every single child and helping them achieve the best of their talents. Writing off too many through a selective system does not do that.

I also point to the work of Professor John Hattie from the University of Melbourne, who says the data from all the studies around the world show the two things that work are great teaching and what Carol Dweck would call a growth mindset. How do you develop a growth mindset in a bunch of kids who feel that they failed at the age of 11 and no longer have any life chances? No wonder Alan Milburn, the social mobility tsar, calls it “a social mobility disaster” and the chief inspector a load of “tosh and nonsense”.

I cannot help but be diverted to say in the context of this debate that we must not go back to grammar schools. I do not know what sort of information you would give parents in the context of a selective system, especially once their child had failed. If the Minister wants to answer that, I would be most grateful.

Education and Adoption Bill

Lord Knight of Weymouth Excerpts

Thursday 5th November 2015 Grand Committee

[Baroness Howarth of Breckland (CB)]

My Lords, I was not planning to intervene at this stage but I would like to ask the Minister to address a question in his summing up. Like the noble Baronesses, Lady Morgan and Lady Perry, I think that the definition—whatever it is—has to be very clear and simple. My concern about it being simply about academic content and not having just one phrase that adds to the roundness of the whole is that we all know that when schools are under pressure—we all know what a coasting school looks like and when it is defined as such it will find itself under pressure—they will work very hard at the things that will take their scores up, which will be the academic areas. That could be to the detriment of the other areas.

I went to a very good programme that the noble Lord, Lord Nash, arranged. I will say more about that later, but one of the impressive things that the regional commissioners were talking about was how to develop leadership, which in all organisations—and some of us have had to work to change things round—is what is important. Leadership is developed by developing roundness in children. I would just like the Minister to think about how there could be some sort of phrase—a relatively straightforward and simple one—which ensures that schools do not focus just on the academic areas, because they are under pressure, at the expense of developing the other skills that will bring those young people forward and make them the next leaders in schools and in society.

[Lord Knight of Weymouth (Lab)]

My Lords, as has become fashionable, I will start with an apology that I have to leave early and that I was not able to take part at Second Reading because of my other interests. That segues into reminding your Lordships of my interests, particularly in respect of my full-time work, which I am not at, at TES—Times Education Supplement or whatever phrase resonates best with your Lordships.

This is a very interesting, probing amendment to a key clause. I broadly support what the Government are trying to do with coasting schools and any sense of complacency in schools which feel that they are not blipping on the Minister’s radar. Clearly they should be, through the RSCs. I have to say, I baulk at that acronym. If you do a search on TES for “RSC” you get to resources provided by the Royal Society of Chemistry, which frustrates the Royal Shakespeare Company. To have another one entering the lexicon frustrates me slightly, but I am sure that the Minister will be informed by the regional schools commissioners.

There seem to be three issues here: the type of school, the definition of coasting, and the definition of intervention. I would be very interested to hear some clarification on the record from the Minister about the types of school. It seems fairly clear that these are local authority-maintained schools so one’s assumption is that this applies to grammar schools, comprehensive schools and so on. It is particularly important that it is clear that it applies to grammar schools as well as non-selective maintained schools.

Then there is the question of academies. Academies are addressed in the amendment. I recall when I was a Minister—a long time ago now—that we did not want to include academies in legislation because we had separate legal agreements with academies and it became very complicated to unpick those legal agreements because you had to replace them with primary legislation and that created complications with sponsors. I remember the lines that I was given to take extremely well. I suppose I hope that those lines have moved on because we now have a lot more academies. Once you get to the point where the majority of secondary schools, for example, might be academies, you start to worry about the democratic deficit of Parliament no longer being able to properly influence the evolving nature of the governance of academies. They are not part of the local authority family. There is a direct relationship in contract law between them and the Secretary of State. How does Parliament influence them if we continue to have that line to take from the department and the Minister?

Incidentally, I would be interested to have clarification about where university technology colleges and studio schools fit within this. I listened to the excellent Cass Business School lecture by the noble Lord, Lord Baker, where he talked extensively, as one might expect, about university technology colleges and how well they are doing. I am a studio schools ambassador. There is fantastic progress in the performance of children in those small, more vocationally focused schools, although on some of the data it does not look as though they are performing as well on raw attainment. Having clarity around these exceptions is also helpful.

That leads to a second issue to do with coasting. We have heard really good contributions from all sides of the Committee on that. I, too, do not think that we should have an overreliance on data. I welcome the notion that we have better progression data than we used to. When I was responsible for the national challenge, it was very much data-driven and was very hard-edged and raw. The notion that we can do something more sophisticated feels a lot fairer. I agree with my noble friend about the use of the regional schools commissioners’ judgments and other things that inform that.

In the context of a broad and balanced curriculum and the comments of the noble Baroness, Lady Howarth, it is worth saying that I am able to see some of the data around teacher recruitment. For example, I see evidence that it is quite easy to recruit PE teachers—this has to do with the amendment tabled by the noble Lord, Lord Addington—but it is a lot harder to recruit in some other subjects, such as those in the EBacc. When I see evidence around what head teachers are saying they are doing to compensate for being unable to recruit in certain subjects, I see that one of the things they might do is not continue with some subjects if they cannot easily recruit for them. That would create a worrying scenario in respect of a broad and balanced curriculum. I add that comment because it might inform the debate about teacher recruitment that we will have on later amendments.

Finally, on intervention, this amendment is to the first clause, about certain schools being defined as coasting and therefore eligible for intervention. We are all interpreting intervention as being academy status. This Government will be with us, whether we like it or not, at least until 2020. If it is the Government’s intention that they want every school to be an academy, perhaps they should just say that, legislate for it and get on with it, and create certainty in the system. We can then debate real issues about the democratic deficit around academies and the governance of them, if that is what is happening en masse and at scale, rather than it feeling as though they are trying to manoeuvre, lever, persuade and cajole, and do everything they possibly can to get every school to be an academy, without actually saying so. That would be a more honest and straightforward way for us to proceed, if that is the Government’s clear intent. If it is not, and they want local authority schools to thrive, let them say so, clearly and unambiguously, and create a genuinely level playing field, without it feeling, as it does in this case—namely, if the intervention really is to be made to become an academy—as though they are using every excuse to force that to happen.

[Lord Lucas (Con)]

My Lords, I enjoy listening to the noble Lord, Lord Knight, much more in opposition than I ever did when he was a Minister.

I have been looking at the draft of the definition on the DfE website. I think that it has gone way off beam in including in the definition of coasting a measure of absolute performance. Coasting is about relative performance: about not doing well by the kids you have got. If you put a figure in there—you cannot be coasting if you have more than 65% of pupils getting grades A to C, including maths and English—you are leaving out all the schools in the leafy suburbs, grammar schools and schools that are selective in other ways because they have tweaked their educational requirements or are religious schools. They are just as likely to be coasting as schools which deal with a broader range of children. I am very keen that the Government should be clear that coasting is about relative performance and not absolute performance.

--- Later in debate ---

Progress is also a critical part of the proposed coasting definition for primary schools. The progress element is again calculated by comparing the results of pupils with similar starting points. If a school has fewer than 85% of pupils meeting the new expected attainment standard, but the new primary progress measure shows that pupils are making good progress from their starting point, that school will not be regarded as coasting.

[Lord Knight of Weymouth]

How will the progress measure account for churn in schools that have a big churn in population because of migration or Gypsy Travellers or because they are in a mobile community?

[Lord Nash]

I think—although I will write to the noble Lord—that it will not be calculated; they will not be in the stats, because they will not be there at the beginning.

The Bill provides that the Secretary of State will notify a school when it is coasting, and this makes the school eligible for intervention. As set out in the draft Schools Causing Concern guidance, which is currently out for consultation, regional schools commissioners will then consider whether the school has the capacity to secure sufficient improvement without formal intervention. In some cases, a school which falls within the coasting definition may have a new head teacher, governors or leadership team who can demonstrate that they have an effective plan to raise standards sufficiently. In other cases, they may be able to buddy up on a short-term basis with a nearby school and, in others, external support may be necessary from an NLE.

Where appropriate, regional schools commissioners will use their formal powers to ensure a coasting school receives the support and challenge that it needs, which may include becoming an academy. In answer to the point made by the noble Lord, Lord Knight, it is by no means certain that coasting means becoming an academy; there may be many different ways in which schools can improve. As he knows from his excellent work on the London Challenge, that could be school-to-school support. We see one of the advantages of academisation as the clear structure of school-to-school support that it can bring, but that may necessarily be on a temporary basis for a coasting school.

Amendments 1 and 2, tabled by the noble Lords, Lord Watson and Lord Hunt, and the noble Baroness, Lady Massey, and Amendment 5 tabled by the noble Lord, Lord Addington, and the noble Baroness, Lady Bakewell, propose alternative approaches to identifying and addressing schools in which pupils do not fulfil their potential. Amendment 2 gives Ofsted and the local authority responsibility for determining which schools are coasting. Amendment 5 seeks to broaden the definition to include achievement in sports and the arts and access to training, further education and the world of work. My concern with such approaches is that they remove certainty and transparency for schools; it would be unclear for any school whether it would be identified as coasting and, as such, could become eligible for intervention.

Being a teacher or a head teacher is a tough job. It is also in my view one of the most important jobs, if not the most important job, in our country at this time, given how highly geared these roles are to the future success of our country. We want to make the environment in which our teachers and head teachers operate easier, not more difficult, and more certain, not more uncertain. Our schools are inspected by Ofsted; that is right, and there is no doubt that our schools take great notice of this. But there is already enough uncertainty in the minds of our teachers and head teachers as to how their school will be rated by Ofsted without adding to that uncertainty and, yes, anxiety, by adding a vague coasting definition by which they are measured. I am grateful to the noble Baroness, Lady Morgan, for her observations on this issue.

We have chosen to base our proposed coasting definition on published performance data precisely so that schools can easily understand whether their performance will equate to them being identified as coasting. Under our proposed approach, many schools can already be reassured that their 2014 and 2015 performance means that they will not be deemed to be coasting when—looking at three years of data, as we propose—we identify coasting schools for the first time in 2016. Such a certain, data-driven approach has been welcomed by many school leaders and organisations representing them. For example, the chief executive of Outward Grange Academies Trust has said that he welcomes the definition,

“in particular the fact that it is based on performance data not Ofsted and the fact that it is measurable every year and compares performance at similar schools over time”.

--- Later in debate ---

[Lord Nash]

It applies only to 2014 and 2015—and if it is not clear, we will make it clear in the future.

Amendment 5 requires draft regulations to be laid before and approved by each House before they can be made or updated. I hope that the noble Lord, Lord Addington, and the noble Baroness, Lady Bakewell, will allow me to discuss this important element of the amendment when we reach Amendment 8, which proposes exactly the same approach.

Amendments 2 and 9 propose that academies, alongside maintained schools, would become eligible for intervention, and, in the case of Amendment 2, subject to the statutory intervention powers in the Education and Inspections Act 2006, when notified by Ofsted that they are schools where pupils do not fulfil their potential.

I agree that coasting schools must be tackled—whether it is a maintained school or an academy. But academies are not governed by the statutory framework that this Bill seeks to amend. They are run by charitable companies—academy trusts—which operate in accordance with the terms of individual funding agreements between the academy trust and the Secretary of State. We have already published a new coasting clause for the model funding agreement, as I have said. But I want to reassure the House again that, even where academies do not have this specific clause in their existing funding agreement, regional schools commissioners will assess all academies against the coasting definition. Where academies are identified as coasting, RSCs will assess their capacity to improve sufficiently in just the same way as maintained schools, supporting and challenging them to improve and taking action under their funding agreements where necessary.

RSCs have already shown that they take effective action when academies underperform. Since 1 September 2014, when RSCs came into post, they have issued 58 prewarning and warning notices to academy and free school trusts. In the same period, they have moved 83 academies and free schools to new trusts or sponsors, compared to 13 in the previous academic year.

Amendment 2 would remove the Secretary of State’s power to issue an academy order for a school that has been notified that it is a school in which pupils do not fulfil their potential. While some coasting schools may choose to become academies in order to benefit from the strong governance and support of a multi-academy trust, we have been clear, as I said, that enforced academisation will not be the default solution for all coasting schools. RSCs will want to consider whether a coasting school has demonstrated that it has the capacity to improve sufficiently on its own, and in some cases this capacity will be evident, or it may need advice and support, for example from an NLE, and that may be sufficient to bring about the required improvements.

It is important that RSCs have the discretion to make an academy order where it is clear that a school’s leadership does not have the capacity to improve sufficiently and where the school needs the support of an experienced sponsor in order to fulfil the potential of the pupils. We know that sponsors can bring new life to schools. For example, the City Academy Whitehawk in Brighton and Hove opened in September 2013. The year prior to its becoming an academy, only 39% of pupils achieved level 4 or above in reading, writing and maths at the end of key stage 2. By 2015, the provisional figure has increased to 75%. It would not be right to deny coasting schools this support where it is appropriate.

Amendment 7 would provide the governing body of a maintained school with a right of appeal to the First-tier Tribunal when it considers that the data used to define a school as coasting could have been interpreted in a different way. This amendment is unnecessary. Our clear and transparent data-based definition will not be open to interpretation. Schools will be certain, based on the data, whether they have fallen below the coasting bar or not, but regional schools commissioners are already required by virtue of public law to act reasonably in exercising the Secretary of State’s powers. As I said, they will work with schools to consider all the relevant factors when deciding what action to take.

The draft Schools Causing Concern guidance already includes a number of examples of the type of factors they should consider. As I said, we have been clear that intervention in coasting schools will not be automatic. Nick Capstick, the CEO of the White Horse Federation outlined this clearly when he said:

“It is right that the coasting definition is based on transparent performance measures. It is then clear-cut for schools whether they fall within the coasting definition or not. The majority of schools will therefore be able to carry on free from fear that they suddenly and unexpectedly be judged as coasting”.

I know that noble Lords support our ambition to ensure that all pupils, whatever their background, receive an education that enables them to fulfil their potential. I hope that, following this debate and having seen the detail behind our coasting policy—alongside the proposed coasting definition set out in our recent consultation—noble Lords will be reassured that our approach is the right one.

[Lord Knight of Weymouth]

Will the department record the interventions made as they are made on coasting schools against the different categories the noble Lord described earlier, so that there is a dataset that we can then interrogate to understand in practice as it rolls out how that balance plays out?

[Lord Nash]

When we formally intervene, we already publish that information, so it will be in the public domain. In view of what I have said, I hope that noble Lords are reassured that our approach is the right one, and I therefore urge the noble Lord to withdraw the amendment.

Children and Families Bill

Lord Knight of Weymouth Excerpts

Wednesday 29th January 2014 Lords Chamber

[Baroness Howarth of Breckland]

My Lords, in a few weeks, I will join families and children celebrating 20 years of the work of the charity Little Hearts Matter. The team provides advice, information and emotional support where a child has been born with half a heart, but the fact that we have surviving young people with us is significant. A little over 20 years ago, they all died. The survival of these young people is cause for celebration and recognition of the research, surgery and care developed over the years.

However, children continue to die because of the complexity of the condition, as they do with many other conditions. Many of our members who have lost their children due to complex congenital heart disease after a long struggle through treatment struggle thereafter because of the present regulations. There is little more devastating than the loss of your child. It creates emotional, mental and physical effects which overwhelm parents. To be told that you are entitled to only three days’ bereavement leave from your employer is neither caring nor supportive. There is much to organise and it cannot be good for the employer, as a bereaved parent is unlikely to be functioning at a normal level.

Let me briefly give two examples. The first concerns the father of a three year-old boy who died following complex surgery. The father had saved up his annual leave to be with his son through the surgery. After the operation, he stayed by his son’s bedside for two weeks as he slowly died. This used up all his leave. When his son died, the father rang his employer to explain and was told that he had to be back in three days. The funeral had not been organised at that point. The father lost his job because he could not return to work. He needed to be with his family.

In a second case, a father had known that his baby would be born with a complex heart condition. He had organised leave for the delivery and immediate surgical period, but his son died some weeks after the surgery. His employer told him that he had had enough leave and, as he had known his son was going to die, he would expect him back in three days having organised everything. His GP issued him a sick note to allow him more time to be with his wife, which his employer contested. The stress of fighting his employer, grieving for his son and supporting his wife created long-term illness.

Of course, this is not the whole story. There are many employers who support and help their employees through this difficult time but it is a lottery not a right. Relying on employers to be caring and supportive of their employees is clearly not enough. The law does not support the bereaved. With the increased recognition that parents have a right to be with their children after birth, it seems extraordinary that we do not extend the same thoughtfulness to parents who have lost a child. I realise that there might be nervousness that this could be a burden on business. Thankfully, the numbers affected are relatively small and we emphasise again that many employers act with compassion and sympathy and give time to their employees. However, where this is not the case, the impact on parents is huge.

This amendment would give the Government powers to regulate for statutory leave for bereaved parents. We hope this is reasonable—it allows the Government an opportunity to consult on the detail and to ensure the implementation is not burdensome but compassionate. It would make a huge difference to that small minority of parents who find themselves treated without compassion at some of the most difficult times of their lives. I beg to move.

[Lord Knight of Weymouth (Lab)]

My Lords, I am most grateful to the noble Baroness for moving this amendment and for doing so so movingly. I am also grateful to the Minister for meeting with me last week to discuss this issue and, in particular, I am grateful to those who have been part of the campaign, led by Lucy Herd, for their support and for carrying on offering heartbreaking personal stories to illustrate the need for this measure.

Just today, Lucy received an e-mail that said:

“My only son died last Tuesday (7th Jan) and my company policy states that I only receive two days in compassionate leave, the rest has to come out of my annual leave allowance. I think it should be law for people who have lost an immediate family member to have as much time off as they need”.

Lucy also told me of Rhian, who had been in touch through Twitter. About a year after Lucy’s son Jack died, Rhian’s 18 month-old, George, choked on the food that his dad was feeding him at home. Sadly George died. His father was distraught but was given only two days’ compassionate leave by his employer. He committed suicide seven days later. Rhian has now lost her son and her husband. That is a particularly tragic story, but it is worth noting that 90% of parents who lose a child also suffer relationship breakdown. Many parents lose a partner as well as a child.

These stories and many more like them show there is a problem. I read out different examples in Committee, showing that the NHS can be a remarkably uncompassionate employer at times. Those at the top of these big organisations will be appalled at how their rules can sometimes be applied. I heard today of a middle-ranking employee of one of our big high street banks who rang his boss the evening that his wife died following an illness. His boss was very sorry but there was a vitally important meeting the next day and could he please make sure he was in by 6.30 am.

Children and Families Bill

Lord Knight of Weymouth Excerpts

Tuesday 28th January 2014 Lords Chamber

[Baroness Walmsley (LD)]

My Lords, as many noble Lords know, I have campaigned for good, mandatory, quality PSHE, not just SRE, in all schools ever since I came to your Lordships’ House. This is because I believe that it is every child’s right to receive this information and because I believe that schools should be educating children for life and not just for a job. As you can imagine, I have some sympathy with the noble Baroness’s Amendment 53ZAAA, which sounds more like a battery or something to do with financial security than an amendment. But I have always regretted that the previous Labour Government did not see fit to make PSHE mandatory in all schools during the 13 years that they were in power.

However, if the noble Baroness thinks her amendment will ensure the objective that many of us agree about, I am sad to say that I think she is wrong. The amendment talks only about SRE and not the whole of PSHE. It is the whole of PSHE that educates children for life and helps them with their learning, which is why many of us have always campaigned for it.

The amendment also keeps parental withdrawal up to the age of 15, which I do not agree with. It is outrageous: the idea that information, particularly about sex and relationships should be kept from a child until they are 15 is completely mad in this day and age. The amendment, therefore, is only a partial solution to the patchy PSHE situation that was identified by Ofsted.

[Lord Knight of Weymouth (Lab)]

The noble Baroness will know that the previous Government, when I was the Minister, tried to introduce compulsory sex and relationship education. Were we to agree the amendment with her support tonight, does she not agree that it would be delivered by PSHE teachers and members of the PSHE subject association—who gave me a standing ovation when I announced compulsory SRE, which is the only time I ever had one in the middle of a speech —and that that would take us a long way down the road she wants us to go down in terms of everyone getting the education for life that she has campaigned for with compulsory PSHE?

--- Later in debate ---

[The Lord Bishop of Leicester]

My Lords, I support Amendment 53 and speak in place of the right reverend Prelate the Bishop of Oxford, who has lent his name to it but cannot be in his place today. Personally, I find myself on the side of those who want PSHE to be a formal part of the curriculum and Amendment 53 goes some way in that direction.

I have three brief points to make. First, we on these Benches see social, emotional and spiritual intelligence as a vital part of a child’s development. We are not just interested in raising children who can pass exams, but in creating opportunities for young people to take control of their lives and values. Secondly, it is clear that there is a strong and growing coalition of organisations involved in this work, which have some knowledge in this area, and which support this proposal, including the Children’s Society the Mothers Union and many others.

Thirdly, I speak as a former chair of the Children’s Society and as a member of the Good Childhood commission, which reported four years or so ago, and which took evidence from more than 5,000 children. It was not evidence on this specific point, but it was evidence on the general point of what children understand makes for their well-being. Over and over again, children said that one of their top priorities was their friendships. They were trying to find their way through a complex, labyrinthine world in which friendships, intimacy and relationships had to be understood in this technological age, which has been so vividly described by previous speakers, where it was children who were asking for help in this area.

That is the most telling contribution I want to make to this debate. We do not have children in this House; we do not have the voice of children here. If we listen carefully to what they are saying to us through the Good Childhood Report and in other ways, we will find that they want our generation to help them to understand who they are and who they are with others in this completely new world, which has not shaped the relationships or outlooks of any Members of your Lordships’ House. For that reason, I strongly support Amendment 53.

[Lord Knight of Weymouth]

My Lords, I do not wish to delay the House for long, because I do not think I can add to the speeches made by the noble Baroness, Lady Kidron, my noble friend Lady Jones and the right reverend Prelate on the reasons that we should do this. I shall talk about the notion of the expert group. When I occupied the office that the Minister now occupies, I set up an expert group to look at compulsory sex and relationship education. It included young people, educationalists, experts from organisations such as Brook and the British Pregnancy Advisory Service, and representatives from the major faith groups. There were representatives from the Anglican Church, the Catholic Education Service—I had very good conversations with Vincent Nichols and I warmly congratulate him on being made a cardinal—the non-conformist faiths, the Muslim faith and the Jewish faith. We achieved consensus around the need for compulsory sex and relationship education.

I therefore to some extent question whether we need to go around this track again. Once we had achieved consensus on the principle, we set up a second expert group to look at how we might implement it. So we have in a sense already been round this track not once, but twice. I urge noble Lords on all sides who are tempted to accept the sop of the expert group to remember that it is time to act. We have debated this long enough. I know it is awkward for my friends who are in the coalition that there is a Whip and that they have to do what they have to do, but I urge noble Lords who have been campaigning on this for a very long time to do what is right.

[Baroness Tonge (Ind LD)]

My Lords, as an independent Liberal Democrat, I am not bound by the rules of the group. I am very supportive of both these amendments. I am more supportive of Amendment 53ZA than I am of Amendment 53, because, as the noble Lord has just said, we have had review after review on this subject and I am thoroughly sick of it. It is quite often a means of kicking this into the long grass. The previous Labour Government did get there, only for it to be lost in the wash-up procedure at the end of that Government. That was a great tragedy.

Before I came into Parliament, I had worked for over 30 years in the health service. I was a GP and a family planning doctor primarily, and part of my job was to give sex education, as it was known in those days, in local schools all over the London Borough of Ealing. So I have a fair amount of experience, and I know that the expertise is lacking in a lot of schools. Nevertheless, sex education has to occur in schools, because parents simply cannot be relied on to give their children the right information. I hope that I was a good parent to my three children. I was a doctor, working in the field, knowing every single dot and comma about it, but there was still, particularly in the case of one of my children, a hesitancy and a reluctance to talk about these things with a parent. We have to accept that. A lot of parents find it very difficult to talk about these things, especially if they do not know much about it themselves.

Children were left to pick it up from television in the old days; now it is the internet. Why I would mildly support a review is because of the effect of the internet. I now have a lot of grandchildren and I see what they get up to. I am constantly vigilant that they are not looking at the wrong sort of thing, but I know kids and I know jolly well that they will be looking at the wrong sort of thing if they possibly can when my back is turned. We do have the parental guidance block, but there are ways round it. We have a computer genius in our family who can find his way round any parental block. So it is absolutely scandalous that in this country, in the United Kingdom, in the 21st century, we do not have compulsory, statutory PSHE, or whatever it is, in our schools.

We should compare this with the Netherlands and other countries. I have sat in on lessons in the Netherlands that are done superbly and naturally, with no worries among the teachers. They even set homework—not, I assure you, to have sexual intercourse—for example to handle condoms, to learn how to use the equipment they may one day need and to read about all the diseases they may catch unless they use the right sort of protection. It is done naturally and efficiently; the parents do not fuss about it; the children are taught in mixed classes; and I really do not understand why we cannot have it in this country.

Finally, I declare another interest as chair of the All-Party Group on Population, Development and Reproductive Health. In the past few years, among the reports that we have produced was one on female genital mutilation, which is more and more common in this country and more and more difficult to spot. There is a lot of work going on, and I pay tribute to the previous DPP, Keir Starmer, who did an enormous amount of work to find ways of spotting girls at risk of FGM before it occurs.

Last year, we did a report called, A Childhood Lost, about childhood marriage, which also happens in this country. Children are taken abroad for religious ceremonies and forced into marriages that they do not want. That is why we set up the Forced Marriage Unit. Again, the Government are doing a huge amount of work on this, but it is the sort of thing of which children should be made aware in their schools, with their peer group, by their teachers. It is very important that we address these issues, because it is going on all the time and all around us.

For these reasons, I hugely support Amendment 53ZA. I hope that we can get some progress on this at long last. I mildly support Amendment 53, providing that they concentrate on the internet and the influence that that has on young people.

--- Later in debate ---

[Lord Storey]

I would need to know whether that overrode current legislation. I suspect that it does not, although someone is nodding and saying that it does.

[Lord Knight of Weymouth]

I am delighted to clarify for the noble Lord that if it is set out in statute, it overrides the legal agreement that the department has as a contract with those schools.

[Lord Storey]

So what about free schools, then?

[Lord Knight of Weymouth]

Free schools are on the same basis.

[Lord Storey]

They are not though, are they? They are not mentioned.

Education: PISA Results

Lord Knight of Weymouth Excerpts

Tuesday 3rd December 2013 Lords Chamber

[Lord Nash]

I agree entirely with the noble Lord. I think that the answer to his questions in brief, although I will elaborate, is that this situation has been caused by a lack of rigour in the curriculum and in teaching methodology. I agree entirely that this lack of rigour and methodology, which is expressed in one way in textbooks, is one of the reasons why we have declined. One also needs to look at workbooks. In far too many state-maintained schools, there is a complete absence of workbooks. We are finding that some of the much more successful schools—not just academies but maintained schools—insist that all their pupils have a workbook. A workbook is something pupils can be proud of and it can be marked. Pupils do more homework and they get more feedback. In all senses, we need to instil more rigour in our school system.

[Lord Knight of Weymouth (Lab)]

My Lords, the Government’s reforms borrow more from Sweden than from any other jurisdiction, but the position of Sweden in these tables is going backwards. As we have heard, the reforms also built on what the previous Government did on academies. Therefore, regardless of politics—and I regret the highly political tone of the Statement—should we not learn from the top three, from Shanghai, Hong Kong and Singapore? There, parents are much more involved in their child’s learning, and those jurisdictions are designing-in collaborative problem-solving to meet the needs of employers. Given that those skills will be tested by PISA in 2015, how does the Minister think our children will fare then, given the Government’s new emphasis on rote learning and individual testing?

Education (Amendment of the Curriculum Requirements) (England) Order 2013

Lord Knight of Weymouth Excerpts

Monday 8th July 2013 Grand Committee

[Baroness Jones of Whitchurch]

My Lords, I thank the Minister for his explanation of the proposed name change; indeed, the order is narrow in its intent. On the whole, we welcome the change and the need to revitalise the ICT curriculum. We take on board the concerns that were raised by Ofsted, that the curriculum and teaching approaches had not kept pace with the rapid technological developments outside the school environment. While we share the concerns of many of the respondents that the term “computing”, which is now being adopted, suggests too narrow a focus, we also recognise the need to send a signal that the content has been substantially modernised.

We are also aware that, of all the subjects in the national curriculum, this one will continue to have challenges in keeping up with the pace of change. For example, it is easy to foresee that what we are now celebrating as a new computing course will appear in a few years’ time to be dumbed down and irrelevant to the demands of employers in the future. However, in the mean time, I have a few questions that I hope the Minister can address.

First, on professional development, the Minister made the point that some money was being made available for some of the professional development work. Does he feel that it will be sufficient? There is a serious issue about ongoing professional development throughout the system, starting at primary level, where updating computer skills will be part of a range of updated skills which all primary teachers will need to deliver the new curriculum. It is also an issue at secondary level, where it may not be easy but is possible to recruit specialist staff with up-to-date computing skills. However, if you are not careful, that knowledge and those skills can fall out of date very quickly.

Secondly, what more are the Government planning to do to attract new specialist computing staff to teach in schools? It is fairly obvious that there would be alternative, better paid jobs for high-class performers in computing. They may not necessarily rush into the teaching profession.

Thirdly, can the Minister confirm that the change in name does not represent a narrowing of the curriculum, and that pupils will be taught some of those broader skills such as internet use and safety, word processing and data processing, so that the subject will actually give people a range of knowledge and skills which the word “computing” does not necessarily encompass?

Fourthly, the teaching will be successful only if it is supported by sufficient funds to modernise IT facilities and to keep modernising them as technology changes. The noble Lord made reference to some low-cost initiatives in terms of facilities in schools. However, I have seen reference to 3D printers. That is fine, it is just one example, but 3D printers are very expensive. The fact is that, for children to have an up-to-date and relevant experience, you would need to keep providing not just low-cost but some quite expensive technological equipment in schools on an ongoing basis. Will sufficient funds be available to do that?

Finally, given that computing skills and the supporting equipment that would be needed are increasingly integral to the teaching of all subjects, not just computing, have the Government given sufficient thought to what computing skills should be taught within the confines of the computing curriculum and what computing skills need to be provided with all the other arts and science subjects that people will be studying, in all of which pupils will increasingly require computing skills to participate fully? Has that division of responsibilities been thought through? I look forward to the Minister’s response.

[Lord Knight of Weymouth]

My Lords, I draw the attention of the Committee to my interests in this area. I am a trustee of the e-Learning Foundation and have various other interests, including working with the Times Educational Supplement and with smart technologies. I am also a trustee of Apps for Good.

I, too, attended the Bett conference at the beginning of last year, when the Secretary of State, Michael Gove, who is now on his feet in the other place talking about these issues, announced the disapplication of the programme of study for ICT. I broadly welcomed that announcement. It goes back to my dissatisfaction when I was Schools Minister with the ICT curriculum, particularly at key stages 3 and 4, and to how unengaging my son found the experience of doing the European Computer Driving Licence. My attempt to change things was to get Jim Rose’s primary curriculum review to include ICT as a core subject alongside English and maths. It was a battle that I eventually won by subterfuge, and Jim’s review included ICT at its core. I wanted young people starting secondary school to be plug-and-play ready to use ICT across the whole curriculum in their learning.

I was also informed, as I think the Minister was, and as he mentioned in his opening comments, by the changing nature of the labour market, which is essentially hollowing out due to globalisation and technological change. The growth in high-skill, high-wage work is at the higher end of the market and is very much informed by technology and people who are confident with it. Not all of it requires programming skill. Therefore, my first question is: how will the Minister ensure that digital skills remain across the whole curriculum and inform the way in which young people learn in all subjects, not just in the subject called computing?

I cannot see any occupation where we will not require people to be confident in using the internet and technology, and to have a basic understanding of how it works. I am chair of the Online Centres Foundation, which just today was renamed the Tinder Foundation. We are very active in digital inclusion, and we see people referred to us from jobcentres so that they can not just process a claim but apply for jobs, because 70% of employers require you to apply online. These are fundamental skills for every child to learn in order to be confident leaving school.

The issue of digital skills across the curriculum raises an additional question. It is a perhaps unfashionable question about pedagogy. As a Minister, I was always slightly reluctant to get involved in pedagogy because I am not a trained teacher. However, I regret that, and I have looked at the amount of investment that has gone into technology in schools over time and have seen that some of it was not spent well, because not every teacher was taught to be confident in using it, and to shift their pedagogy in order to use it well.

I have that worry about 3D printers, and I am specifically interested in finding out from the Minister whether, as 3D printers land in schools, they are not going to be used to prop doors open or get dusty in cupboards. Last Friday I was talking to teachers from the Isle of Portland Aldridge Community Academy down in Dorset following their being shortlisted for a TES Schools Award. Unfortunately the school did not manage to win an award, but it is worth noting that both the nominated projects involved 3D printers, so I can see that some fantastic pedagogy may emerge from this technology that encourages highly engaged teaching and learning.