Education Bill

Baroness Massey of Darwen Excerpts

Wednesday 26th October 2011 Lords Chamber

[Baroness Walmsley]

My Lords, I have tabled Amendment 70C in this group, which would remove subsections (3) and (4) of new Section 6A as inserted by Schedule 11. Subsection (3) introduces a requirement for a local authority to seek the Secretary of State’s approval before proceeding with an alternative model of school to an academy. Subsection (4) allows the Secretary of State to terminate the process.

It is very important that we do not reduce the ability of local parents, education providers and councils to respond quickly and effectively to new demand, and that local choice and diversity of provision are maintained. We all know that there is likely to be a big increase in demand for primary schools over the next three to four years. That will create a sudden boom in demand for pupil places and it is very important that we do not cause any delay in allowing councils to provide those places. My noble friend Lady Ritchie mentioned this in Grand Committee and she has given me permission to mention her name today although she is not able to be in her place.

Councils’ primary concern when encouraging new provision in their areas should, of course, be the needs of parents. If local parents do not want new schools to be established as academies, councils should be able to retain the option to reflect parental demand without having to approach the Secretary of State for permission. My concern, and that of my noble friend Lady Ritchie, is that the requirement within this schedule risks the creation of a potentially burdensome process, which could restrict the ability of local communities to respond quickly to demand. I was very interested to receive a copy of a letter to the noble Baroness, Lady Massey, dated 20 October, in which the Minister points out:

“Schedule 11 removes this consent requirement from certain kinds of proposals. These comprise proposals for new primary schools where they are replacing infant and junior schools, proposals for new voluntary aided schools, proposals for new faith schools resulting from the reorganisation of faith provision in an area, and proposals for a new school resulting from a faith school changing or losing its religious character.”

At the bottom of page one, the Minister says:

“We are removing the requirement on the basis that it is additional and unnecessary bureaucracy.”

If it is an additional and unnecessary bureaucracy for those kinds of schools, why not for all?

[Baroness Massey of Darwen]

My Lords, I shall speak to Amendments 71, 72 and 73. First, I thank the Minister for his conscientious response to the last stage of this Bill. He has sent out a number of letters explaining the policy, which I found very useful. Indeed, the letter he sent to me referred to by the noble Baroness, Lady Walmsley, gave some reassurances on the amendments I am going to speak to.

My main concern is that some measures proposed by the Bill may further fragment education on the basis of religion or belief. I have serious concerns about how the Bill makes voluntary-aided faith schools the easiest type of school to set up. I am also concerned about voluntary-controlled schools converting to academies, then being able to choose to increase their religious discrimination in admissions.

Currently, when a proposer wishes, for whatever reason, to establish a new foundation, voluntary-controlled or aided, or foundation special school outside of a competition, they need the consent of the Secretary of State. Following consent, the local authority runs a consultation on the proposals. The Bill, if passed in its current form, will change this, as I understand it, so that consent from the Secretary of State would no longer be needed for voluntary-aided schools, but it would still be needed for foundation, voluntary-controlled and foundation special schools.

I see some problems here. Almost all voluntary-aided schools—99 per cent of them—are faith schools. Admissions are determined by the school, which can discriminate against all pupils on religious grounds. In voluntary-controlled schools, local authorities set admissions and only about a quarter of local authorities have chosen to allow some or all of their voluntary-controlled schools to discriminate religiously, either in whole or in part.

Mr Gove has made it clear that he wishes to make it easier to set up voluntary-aided schools, which can discriminate. Such a school can use a religious test in appointing, remunerating or promoting all teachers, and even some non-teaching staff. In voluntary-controlled and foundation schools, this is only one-fifth of the teachers. The religious organisation sets the religious education curriculum in accordance with the tenets of the faith of such a school. In voluntary-controlled and foundation schools, the locally agreed syllabus is usually taught, which is not confessional to a particular faith. The religious organisation appoints more than half the governors there. In voluntary-controlled and many foundation schools, it is a quarter. While I thank the Minister again for his letter, my concerns are still not diminished and I shall watch developments on this issue very carefully.

[Lord Alton of Liverpool]

My Lords, I hope that the Minister, when he comes to reply to the amendments in the name of the noble Lord, Lord Avebury, and the noble Baroness, Lady Massey, will think carefully before agreeing with the premises which have been laid before your Lordships' House this afternoon. In the case of the noble Lord, Lord Avebury, I always feel some trepidation in opposing anything that he says, because he has been a noble friend in many respects for a long time. He knows that at 17 years of age I said—and I would never resile on it—that if ever I found myself elected to the other place, I hoped that I would be a Member of Parliament like him. I have always admired the positions that the noble Lord takes on many issues, and continue to do so.

Yet the noble Lord knows that a debate has also been under way in his party for a long time about faith schools per se. Indeed, it was the then Education spokesman in another place, Mr Don Foster MP, who said—I believe these were his exact words—that in an ideal world there would be no schools of a religious character. I know that the noble Lord agrees with that proposition, but it is one I fundamentally disagree with. I suppose I should declare an interest as someone who has been educated in faith schools and whose own children have gone through faith schools. I am also the governor of a faith school and I passionately believe that those who wish to opt for that kind of education for themselves or for their children should be free to do so.

There is not the problem, as the noble Lord suggested, of such schools being undersubscribed; they are of course oversubscribed. That is the problem in many parts of the country. I would say this to the noble Baroness, Lady Massey, on the possibility of creating new faith schools. In parts of London there are large faith communities—for instance, of Polish people or people from the African and Asian communities—and in the Borough of Richmond, for instance, a petition has been laid before the council urging the creation of a new faith school. To restrict the opportunity to do that would be to deprive us of something special.

This is an issue that was addressed in 1944, when perhaps the greatest of all social legislation in the last century went through Parliament. I think it would probably have united most of us. The then Catholic Archbishop of Westminster was in the Strangers’ Gallery for the Third Reading proceedings on that Bill, when RA Butler brought before the House the provisions that allowed for the state to contribute towards the creation of Catholic schools. The Catholic community of that time, as Members of your Lordships' House will be well aware, was mainly an immigrant community —many were from the west of Ireland, as my late mother was. Those were schools for impoverished communities. Indeed, Archbishop Griffin sent RA Butler a copy of Butler’s Lives of the Saints, so pleased was he with the resolution of the House in regard to that legislation.

Around 2,500 schools have been created in the years that have passed, mainly though the efforts of those local communities, and they have enriched our education system. I urge your Lordships not to tamper with the settlements that have been there ever since 1944: that these schools are normally over rather than undersubscribed and that there are already sufficient safeguards in place to ensure that denomination provision is not increased or decreased where it is inappropriate. It is also worth saying, before I conclude, that figures issued recently show that, certainly in the Catholic sector, around one-third of the children in those schools do not come from Catholic backgrounds and there are waiting lists for many of these schools up and down the country. This demonstrates that the ethos of those schools is something that many parents are opting for. That is something that we should celebrate, not in any way try to undermine.

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Moved by

[Baroness Massey of Darwen]

80: Clause 40, page 37, line 8, at end insert—
“(5C) In reporting under subsection (5), the Chief Inspector’s report must consider the wellbeing of the children in the school and, in particular, must report on—
(a) school policies on bullying and healthy eating;(b) the delivery of citizenship education;(c) the delivery of personal, social and health education, including sex and relationships education; and(d) child protection measures.(5D) In reporting on the matters listed in subsection (5C), the Chief Inspector must take into account the age and stage of development of the pupils.
(5E) The Chief Inspector’s report must also consider—
(a) how the delivery of the matters listed in subsection (5C) is coordinated across the school curriculum and in pastoral care; and(b) how many parents, pupils and members of the wider community are involved in the delivery of the matters listed in subsection (5C).”

[Baroness Massey of Darwen]

My Lords, Amendment 80 refers again to inspections in schools. It follows seamlessly from the previous discussion. As a former teacher of foreign languages and English, I appreciate the remarks of the noble Lord, Lord Quirk, about linguistics. Of course, community cohesion and safeguarding appear in my amendment. It is focused on the well-being of children; that is surely something that every parent and grandparent wants for their own children, and I speak as both.

The advantage of inspections of any school practice, however frequent, is that they can do two things: they can report on good practice, which can be shared between schools, and they can address poor practice, including teaching weaknesses and the appropriateness of materials. I will come to this shortly.

Let me first summarise the amendment. It is about the chief inspector reporting on school policies on bullying and healthy eating; the delivery of citizenship education; delivery of personal, social and health education including sex and relationship education; and the child protection measures. This should take into account the age of development of pupils, and should involve parents, pupils and members of the wider community. The amendment follows debates that were held last week on exclusion and searching.

Many noble Lords were concerned about a positive ethos being fostered at school. They were concerned about an emphasis on enriching learning experiences in an atmosphere where children can flourish. I believe that schools can help teach children to be good learners, good friends, good parents, and good citizens, and I believe Ofsted could comment on this. I am aware of school inspection guidance. I am aware of self-evaluation schemes. I am aware that every school is not inspected every year, but having well-being included in the inspection guidance would signal that it is important.

As my noble friend Lady Morgan said earlier, the threat of inspection can improve things even if it is several years ahead. Inspections are now on websites so others can see what good examples there are. I talked to an inspector the other day who was full of praise for a school where there was volunteering with senior citizens, and older pupils were helping with sports clubs for younger children. All this was contributing to pupils’ sense of responsibility for others, improving their communication skills and well-being.

I am aware that well-being is a nebulous term, which is why I have tried to divide it into some of the areas that can be inspected. Ofsted is already charged with reporting on schools’ spiritual, moral, social and cultural development. There are many other areas that could be included as part of well-being. I could have included physical education, which encourages collaboration, sharing and team spirit, or music, where singing or playing together enhances harmony and understanding of how separate parts blend into a whole. I could have included literature which, whatever the age of the child, encourages exploration of morals, ethics and behaviour, as well as a love of language. All this is about well-being.

Well-being helps children to learn and improves the outcomes referred to by the noble Lord, Lord Northbourne. Children learn best when they feel secure and valued and have clear boundaries for behaviour. Schools are places where children can learn to respect themselves and others. UNICEF’s Rights Respecting Schools programme—and I declare an interest as a trustee of UNICEF—has been well evaluated and found to have a positive influence on behaviour and learning outcomes.

I turn briefly to the separate parts of the amendment. I know that the Government are very concerned about bullying. Schools should have a clear policy on this and should ensure that it is implemented. Bullying is a destructive act, for whatever reason—appearance, disability, ethnicity or whatever. It is destructive mainly for the bullied but also for the bully themselves.

On school meals, another policy area, we know about the rising tide of obesity. Schools can help by providing and encouraging healthy, nutritious food. I ask the Minister if the National Healthy School Standard will be preserved.

Let me now touch on citizenship as a part of well-being. Children from a very early age can learn about how democracy works. It is partly about how pupils behave in a classroom. Do they listen to each other? Do they help each other and share? Such skills can be learnt and practised at school. Many schools have elected school councils that comment on discipline and school policies. I have seen them working very well in primary schools.

Personal, social and health education—PSHE—is important. It is sometimes called life skills. Parents of pupils want young people to learn about relationships and about health and keeping safe. This should be appropriate to age and stage of development. PSHE will include topics such as diet, smoking, drugs, exercise and saying no to unwanted pressure from adults or other children. It will include teaching resistance to internet dangers, such as pornography or illegal sales. The Government’s concern about sexual consent is an element of this for older pupils.

I met an Ofsted inspector recently who said that PSHE was not taught as a separate lesson anywhere in the curriculum. It was covered across the curriculum and in pastoral care, in assemblies, visits to the school and out-of-school activities. The school ethos was one of respect and co-operation, led by a senior staff group. The staff were aware of the importance of PSHE and a senior teacher co-ordinated it. The inspector said that it was brilliant.

I am aware that there has been a campaign to discredit myself and the noble Baroness, Lady Walmsley, which has made dangerous assumptions about our intentions. I have a letter here from the Christian Institute, circulated to many noble Lords, which states:

“At Report stage there will be votes on amendments to require schools to teach sex education”.

This is untrue. A further letter states:

“Amendment 80 would ratchet up the pressure on schools to teach children about matters which they are simply too young to deal with”.

Again, that is untrue. As I said earlier, a duty of inspection is to ensure that teaching and materials are suitable for the age and stage of the child. My amendment protects children.

I am aware also that some colleagues will have been the subject of a public letter-writing campaign fuelled by the letter that I have just quoted. One lady wrote to someone saying:

“An Education Bill is being forced through Parliament which would result in compulsory sex education for school children from the age of five years”.

Where is this Bill that is being forced through Parliament? Where is the intention? My amendment is about well-being and protecting children. The public have been fed dangerously misleading information, which implies criticism of myself and, to some degree, the noble Baroness, Lady Walmsley. We were not informed that such information was to be sent and it is only by the kindness and concern of other Members of this House that we have sight of it. Incidents such as this letter-writing campaign happen when misinformation is unleashed, and people make what they will of it. It is particularly worrying when a charity is involved.

Never in the time that it has been my honour to serve in your Lordships' House have I known such a sinister and vicious campaign, which has sought to misinform others. Noble Lords will receive hundreds, maybe thousands of letters, taking up their time and energy, and I find this most regrettable. I also deeply regret the fact that it is ironic that the noble Baroness, Lady Walmsley, and myself have been two of the people in this House most concerned for the welfare of children. My own work has included child internet safety and child trafficking. The noble Baroness, Lady Walmsley, has been consistently involved in work on the rights of the child. I am deeply shocked and offended by this attack on my and the noble Baroness’s integrity, and I am very saddened that a colleague on the Benches opposite has also been involved in circulating misinformation to other colleagues. A letter from her states:

“Amendment 80 … would be to encourage the use of the kind of primary school sex education materials which have caused such concern”.

This is simply not true. This amendment safeguards children.

I briefly move to child protection, which includes safeguarding. This concerns us all. We have had horrendous examples of children falling through all the nets that can protect them. Problems can sometimes be picked up in school, whether it is physical or other forms of abuse. But there must be mechanisms in place so that a child in difficulty can be spotted and referred for help. Children can be taught how to protect themselves; they also have a right to protection.

The whole school community—here we have community cohesion again—of parents, school governors, agencies in the community, voluntary sector organisations, welfare agencies and outreach work such as sport or volunteering groups all contribute to well-being. Children can be encouraged to get involved in activities outside school, such as clubs and award schemes. Some sports clubs are actually linked to schools. This also is well-being.

Inspection reports can highlight how well-being is encouraged in schools. Such reports can be shared and others can learn of good practice, and they can pick up shortcomings, as I have said. Well-being is a vital aspect of what goes on in homes, schools and communities, and we know it when we see it. Children are entitled to school policies, to education and protection, which enhance and safeguard their well-being. I beg to move.

[Baroness Walmsley]

I am grateful to the noble Baroness, Lady Gould of Potternewton, and the noble Lord, Lord Layard, for graciously allowing me to speak next, for obvious reasons. Before I get on to the substance of this amendment, I would like to say a few words about the events that have led up to our debate today. As the noble Baroness, Lady Massey, said, the Christian Institute recently sent out a letter in which it claimed that I would be laying an amendment to make PSHE compulsory. As your Lordships see from the Marshalled List, this is not true. It also claimed, in a subsequent letter, that my fictional amendment, and that of the noble Baroness, Lady Massey, which we are now debating, would force schools to teach five year-olds about sex. That is also not true. There have been wicked insinuations that we would want to do something that would harm children and their innocence. The noble Baroness and I have spent our whole parliamentary lives, much of what went before and a lot of what goes on outside, working to promote the well-being of children, and to suggest that we would harm them is outrageous and very un-Christian.

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[Baroness O'Cathain]

My Lords, I wish to speak against the amendment for two reasons. First, I am concerned that, as has already been mentioned, it will add to the range of issues that already exist for assessment by school inspectors. In Clause 40, proposed new subsection (5A) indicates that Ofsted must focus on,

“the achievement of pupils at the school”,

and so on. I will not read it because we do not have the time but I refer to new paragraphs (a), (b), (c) and (d). The noble Lord, Lord Hylton, drew our attention to the fact that Ofsted must also consider the overarching framework, encompassing,

“the spiritual, moral, social and cultural development of pupils at the school”.

The same proposed new subsection also expects schools to provide for a,

“range of pupils at the school, and in particular … pupils who have a disability … and … pupils who have special educational needs”.

That is all in the Bill. It is all good and I am sure nobody would disagree with any of it.

My second reason for opposing the amendment is that, according to the amendment, it would require Ofsted to assess sex and relationships education in every state primary school. This is strange because, until now, primary schools have not been required to teach sex and relationships education. It is not a statutory national curriculum subject for primary schools. However, the amendment refers to all state schools, which encompasses primary schools.

I have a seriously worrying concern. Even now local councils and other public bodies are promoting wholly unsuitable resources for primary schoolchildren. At least, I take it that they are primary schoolchildren because the materials say that they are suitable from the age of five and a half. To my mind, that means primary schoolchildren. These materials are often recommended by the Sex Education Forum. Many noble Lords have already said that they have seen excerpts from this material. I have received e-mails reporting that where such material has been used, the children have been traumatised. Amendment 80 does not directly make sex and relationships education a national curriculum subject; it takes a different approach. Instead, it requires Ofsted inspectors to report on the delivery of PSHE, including sex and relationships education.

The amendment will apply unfair pressure to primary schools. Conscientious teachers and governors may feel under pressure to teach sex education when they would otherwise judge that it was not in the interests of their pupils. Primary schools will obviously fear being marked down in their Ofsted report if they are not using materials recommended by influential bodies such as the Sex Education Forum. How can they know—

[Baroness Massey of Darwen]

My Lords—

[Baroness O'Cathain]

Please let me finish my argument. How can they know what view a particular inspector will take? The amendment refers to assessing,

“the age and stage of development of the pupils”,

but is that practical for Ofsted in this contentious area? With everything else that is involved in an inspection, how can inspectors closely examine the sex education resources of any individual school? At present, local school governors and head teachers are responsible for making such decisions; they should be allowed to continue to do so.

I note that Amendment 80 would require Ofsted to report on how many parents are involved in the delivery of sex and relationships education but this is not the same as consulting parents as a whole. We genuinely need to empower parents. The government guidance issued in 2000 strongly advocates consultation with parents, yet all too often this does not occur. Yesterday there was a debate in the other place, in Westminster Hall; I recommend reading Commons Hansard, cols. 40 to 41WH, in which a lot of disquiet is expressed about this. Parents are busy people and trust schools to get on with teaching. However, many of them are unfamiliar with the sort of sex education resources being used. They need to be given a legal right to be consulted and to view resources in advance. This should not just be in guidance—it should be a legal right. In the mean time, this amendment is definitely a step in the wrong direction.

[Baroness Massey of Darwen]

Could I make two comments? First, would the noble Baroness agree that school governors have a significant role in overseeing teaching materials? Secondly, would she also agree that school inspections would protect children and prevent the materials that she describes getting into and being used in schools? That is the purpose of my amendment.

[Baroness O'Cathain]

I am very glad that the noble Baroness has said that. On the first point, I know quite a few school governors who will not have the time to look at these things in depth, so I am not sure that we could guarantee that some of these materials will not pass them by. On the second point, we know how infrequently Ofsted carries out the inspections in some of these areas so I would not want to leave it to that. There should be a legal requirement for parents to be able to see those materials.

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As the noble Baroness knows, we are seeking to remove areas of prescription from inspection so that the process of inspection can itself be more focused and rigorous. That point was first made by the noble Lord, Lord Hylton, and then argued very persuasively by the noble Lord, Lord Clarke of Hampstead. I agree with them. My noble friend Lord Lingfield reminded us of the effects of piling lots of words into legislation that can translate into thousands of pages of bumph. Although I cannot vie with my noble friend Lord Elton in speaking as easily as he can in Latin, I agree with the substance of his point about the sometimes unintended consequences of putting things in lists. We strongly agree that pupils’ well-being is vital and we believe that the arrangements set out in Clause 40 will enable Ofsted to pick that up in an effective and proportionate way. I ask the noble Baroness to withdraw her amendment.

[Baroness Massey of Darwen]

My Lords, I thank the Minister for those words. As ever, he is sensible, courteous, wise and thorough. I know that he is well aware of the importance of these issues. Perhaps, yet again, he could meet a small group of us informally to talk about how well-being is to be delivered in a guaranteed way. I am happy to organise a group to do that.

We have had a very interesting, wise and dedicated debate on this issue, most of which I agree with and some of which I do not, but that is fine. I want to raise one or two issues. There is the issue raised by the noble Baroness, Lady Morgan, not in this debate but in the one before: if something is to be inspected, schools will be aware of it and will look at it. I have enormous respect for the noble Lord, Lord Lingfield. I was the person who welcomed him to this House, in very difficult circumstances—he knows what I mean. He made some very astute comments. Schools have to teach some things and I think that this should be one of them.

I say to the noble Lord, Lord Elton, for whom I have enormous respect, that parents sometimes feel somewhat uneasy about dealing with issues of sexual relations. He is nodding, so he must know, and I think schools can back that up. I am all for parental consultation and involvement, but I dealt with this myself when I was teaching and I agree that sometimes parents have difficulties dealing with the issue and children have difficulty talking to their parents about it. Let us leave it at that.

The quality of teaching materials and the fact that they are age-appropriate is important, as my noble friend Lady Crawley said. I have no intention of calling a Division at this time of night, when there is other important business to come. However, while I am sorry to end on a sour note, the noble Baroness, Lady Walmsley, made a very impassioned and indignant speech and I, like her, still feel indignant and distressed by letter-writing campaigns that impute things to us that we never intended. I beg leave to withdraw the amendment.

Amendment 80 withdrawn.