Schools Bill [HL]

Baroness Meacher Excerpts

Committee stage
Wednesday 8th June 2022 Lords Chamber

[The Lord Bishop of Durham]

My Lords, I thank the noble Lord, Lord Baker, for something he said in his speech that helped me understand why I am more half-hearted in my support than others. I hope he will forgive me if I misquote him, but he implied that there had been no thought about areas that could be badly affected, including faith schools, until later. Actually, the Secretary of State and the Minister have been incredibly helpful and supportive in discussions with us about some of the later clauses. The department recognised that there are growing issues connected with voluntary-aided and voluntary-controlled schools and the move to MATs, which need to be dealt with and must be dealt with by legislation. Our experience has been of working behind the scenes with Ministers and officials in a very positive and helpful manner. That perhaps explains why we approach it more positively. Therefore, I say thank you and completely support the noble Lord’s Amendment 27A on the same basis—that these schools should have the protections.

However, picking up the concerns I expressed earlier about the overreach of the Secretary of State’s powers proposed here, I support the thrust and purpose of Amendment 2. The period is possibly too long but that is debatable. It is a proposal that helps to protect. It enables others from the sector to engage with us and for us all to express our opinions about proposed regulations, so that those regulations can be properly debated, the report can come back and the regulations can be amended. Amendment 2 is a really helpful proposal in principle, to assist with the restriction of the Secretary of State’s power.

[Baroness Meacher (CB)]

My Lords, I support the intention of the noble Lord, Lord Hunt of Kings Heath, to oppose the question that Clause 1 stand part of the Bill. I declare an interest as a member of the Delegated Powers and Regulatory Reform Committee, which has produced a highly critical report on the Bill. The noble Lord, Lord Hunt, alluded to this in many ways and I will try to avoid replicating what he said. However, I need to say that this report was exceptionally critical and that the committee sees the Bill very much as an outlier, and one we hope and expect that the Government will revisit.

I draw to the attention of the Committee and of the Minister an important 30-year review of delegated powers undertaken by the Delegated Powers Committee, which reported on 24 November last year. It was the first time such a review had ever been done and that report showed a steady diminution of democracy and of the powers of Parliament, and an ever-greater accretion of power to Ministers. Quite interestingly, the report is called Democracy Denied? This is an important issue and not a minor matter. We are talking about our democracy and we are losing it: that is the reality set out in that 30-year review. I hope the Minister and the Bill team read that, if they have not already.

The report points out the urgency of the need to redress this balance and shift power back towards Parliament and away from Ministers. Yet here we are, six months after its publication, with Clause 1(1)—an extreme and deeply concerning example of the skeleton Bill approach. One of the main criticisms in that 30-year review is the growing use of all sorts of delegated powers, but skeleton Bills in particular. Clause 1 provides no indication of what academy standards will look like or the principles upon which they will be based. In my view, and other noble Lords have said this clearly, Clause 1 should not stand part of the Bill.

The noble Lord, Lord Hunt, referred to the department’s memorandum attempting to explain why these delegations of powers are necessary. I want to spell out in more detail one of the two points the memorandum makes: there is a need for haste and to adjust as changes in educational needs evolve. Its real point is that you need principles and key standards in the Bill, then regulations are used to amend those standards—but not the principles; I hope the principles remain. It would be a big step forward from this, if we had a set of principles within which amendments might be laid. The speed issue, which is the department’s excuse for this level of delegation, is entirely unacceptable. The Delegated Powers Committee was clear on that point.

I think we have said enough about that, so I will move on to my Amendment 32 in this group. Again, I support the noble Lord, Lord Hunt, in his opposition to Clause 3 standing part. Amendment 32 is very important because it focuses on the Henry VIII powers in the Bill. The 30-year review focused strongly on the unacceptable nature of Henry VIII powers. Basically, the Secretary of State is saying that the Government do not want Parliament involved in wholesale reform, such as changes to Acts of Parliament over the years, but to get on and do that sort of stuff themselves. That is unacceptable, as noble Lords know and as the noble Lord, Lord Hunt, alluded to.

Statutory instruments have very little scrutiny; we are not allowed to amend them, but we can reject them, as my amendment on tax credits did. We rejected the statutory instrument. As the noble Lord, Lord Hunt, suggested, we were threatened with abolition; we had the Strathclyde review and were going to lose all our powers. The whole earth seemed to have been turned upside down, simply because we had deferred acceptance of those regulations. We know the scope for reviewing statutory instruments is incredibly limited compared with the detailed scrutiny that we can give to Bills. The idea of these Henry VIII powers within the context of a skeleton Bill is really quite shocking.

The Delegated Powers Committee is not the first committee to have drawn attention to the appalling nature of Henry VIII powers and the unacceptability of them, and here we have rafts of Henry VIII powers. The Donoughmore committee said that a Minister had to justify a Henry VIII power “up to the hilt” and that such powers should not be used “unless demonstrably essential”—not useful, but essential. As already alluded to by the noble Lord, Lord Hunt, the department’s memorandum utterly and completely failed to argue successfully that these Henry VIII powers are essential, as they simply are not. That is why we cannot accept what is going on here. The department argues the need to act swiftly, but I have already made the point that this can be done perfectly well by including the basic material in the Bill. There is an absence of policy development and the deferral of its creation, with it being left to Ministers. Clause 3 has to be completely rewritten and cannot be left as it stands. I therefore support the plan of the noble Lord, Lord Hunt, for it not to stand part of the Bill.

Exceptionally, the Delegated Powers Committee forwarded its report to the Secretary of State for Education personally. To my knowledge, we have never done that before. We do not do it, actually, but we felt that this case was extraordinary, in the skeletal nature of the central part of the Bill, combined with its Henry VIII clauses.

The Secretary of State replied to the committee’s report and said that he is taking note of our concerns. I find that helpful and I warmly welcome the approach of our Minister and of the Secretary of State. I, for one, as I am sure do all noble Lords, want to work with Ministers to ensure the yawning and total gaps in Clause 1(1) can be filled before Report. Deferring Report to the autumn is an interesting idea as, by this time, I hope there would be substance in the Bill that we could all debate as we should—by holding Ministers to account.

[Lord Baker of Dorking (Con)]

May I now formally move that Clause 1 should not stand part of the Bill? If I cannot do that yet, I will speak to it anyway. First, you cannot just abolish Clause 1 or Clause 3 by themselves. You need to go the whole hog and get rid of them all, as they are interdependent. I like what was done by the committee of the noble Baroness, Lady Meacher, but it was not quite strong enough. I am going to quote from the report and say how good it is, but it could be better.

Clause 1 is important because it creates the framework for the Bill. As I am sure colleagues will know, every school, maintained or academy, has to have an agreement with the Department for Education, which it signs. They will all be voided; that is what Clause 2 says. The schools will then have to accept a new agreement that has been drawn up entirely by the Secretary of State, as far as I can see without any widespread consultation at all. He has powers to vary the agreement at will under Clause 4. It is really quite extraordinary.

Schools Bill [HL]

Baroness Meacher Excerpts

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

[Baroness Meacher (CB)]

My Lords, I shall speak principally to Parts 3 and 4 of the Bill and applaud the Government’s proposals to fill the gaps in the law that have inhibited action until now to close illegal schools. We know that the education provided in many unregistered religious schools is narrow in scope, predominantly scriptural in content and deeply conservative, intolerant and extreme in outlook. Because these schools have been able to evade inspections, bad practices of all kinds appear to have developed. Former pupils of such illegal settings told an all-party parliamentary group in December of the physical, emotional and sexual abuse they had suffered. They also talked of the narrow religious curriculum, with no English, maths or science in their school experience. I therefore welcome the compulsory registration of children not in school. This will help close a loophole exploited by proprietors of illegal schools who claim that they are merely providing supplementary religious instruction to children otherwise educated at home. The problem has been that such children can be entirely invisible to the authorities.

I also very much welcome the Part 4 increase in Ofsted’s power to inspect “independent educational establishments”. However, I hope we can have meaningful discussions with Ministers about the definition of an independent educational institution, restricted as it seems to be in the Bill at the moment to those that provide “a majority” of education for more than five children. This definition risks those establishments wishing to remain below the radar simply dividing their service in two—a morning school and an afternoon school—thus avoiding inspection. Can the Minister explain the thinking behind the limitation of Part 4 to institutions providing the majority of education? Do the Government have a solution to deal with these illegal schools seeking to evade inspection?

No doubt we have all had a briefing from Taunton Home Education asking us to oppose Parts 3 and 4. I have to say that I do not believe that these parts have anything really to do with Taunton Home Education, or indeed any other upstanding educational organisation. However, it may be helpful if the Minister can give some assurance to those sorts of educational establishments that this is not what Parts 3 and 4 are about.

Turning to religious education in schools, I hope this House can ensure that the content of religious education and worship in all schools reflects the full ambit of freedom of religion and belief and that a pluralistic and critical approach is adopted. I hope that comment chimes with the very important comments of the noble and right reverend Lord, Lord Harries of Pentregarth, whom I respect so much, I certainly do not wish in any way to say something contrary to what he said.

Finally, a huge issue not dealt with in the Bill, it seems, is child mental health. There is no doubt that mental health services for children are frighteningly underfunded and inadequate. The pandemic has greatly increased the number of children with challenging mental health problems, so we now have an issue of crisis proportions. I understand that the Government have agreed to roll out mental health support teams to just one-third of the country. Surely this cannot be acceptable. The Schools Bill provides the opportunity for us to roll out these mental health support teams throughout the country as a matter of urgency. I hope the Minister will agree that this is something we need to think about.

We have heard from a number of organisations representing children with different conditions and disabilities. There are clearly concerns that children with special educational needs will be compelled to attend a school from which they cannot benefit. I hope these fears are misplaced. It seems that families of autistic pupils, for example, fear they will be punished with fines for poor attendance when their child simply could not benefit from going to school. These concerns are surely genuine and I hope the Minister, in her reply to this debate, can make absolutely clear that the families of any child with a special educational need or disability will not be punished under the provisions of Part 3 for non-attendance at a school from which they cannot benefit.

On a positive note, I hope the Bill will ensure a much needed improvement in educational opportunities and support for young people with ME, the terrible disease that affects so many children as well as adults. I look forward to this House coming together with Ministers to prioritise amendments on these important issues.

Schools: Extremism and Intolerance

Baroness Meacher Excerpts

Monday 28th March 2022 Lords Chamber

[Baroness Barran (Con)]

My understanding is that the independent review of Prevent is ongoing, and we will consider its findings in due course.

[Baroness Meacher (CB)]

My Lords, at least 6,000 children are being educated in unregistered illegal schools where they are exposed to extremist, intolerant, homophobic and sexist literature. As the Government indicated, can the Minister confirm that legislation will be included in the May Queen’s Speech to increase powers for Ofsted to bring illegal schools into registration, and to introduce a register of home-educated children, so many of whom attend illegal schools? If not in May, then when?

[Baroness Barran (Con)]

The noble Baroness will understand that I cannot anticipate the Queen’s Speech, but I absolutely share her deep concern about the risks faced by children who are in unregistered schools. The Government have said that at the next legislative opportunity, we will seek to address some of those weaknesses. I can confirm that the Government are committed to a register for home-educated children.

Children in Care

Baroness Meacher Excerpts

Monday 3rd February 2020 Lords Chamber

[Lord Agnew of Oulton]

On the noble Baroness’s issue about funding, we have made the tremendous commitment of an extra £1 billion a year to adult and children’s social care for every year of this Parliament. We have also invested a further £84 million in targeted and evidence-based interventions to improve the support provided to vulnerable children. The decision on when to take a child from his or her birth parents and put them into the care system is enormously difficult and complex, but it often has to be the case because of disintegrating family circumstances. I assure the House that the decision is never taken lightly.

[Baroness Meacher (CB)]

My Lords, what action are the Government taking to assess the mental health consequences of placing a child in care outside their home local authority area?

[Lord Agnew of Oulton]

My Lords, the mental health of these children is extremely important. One recent initiative we have introduced is the role of virtual school heads, who become the overseeing official for a child who is looked after in his or her school setting. We are seeing that that is starting to work. They have control over the enhanced pupil premium, which allows funds to be spent on such things as additional tutoring and mentoring, summer and weekend schools and additional support to schools for these vulnerable children.

Schools: Excluded Children

Baroness Meacher Excerpts

Monday 27th January 2020 Lords Chamber

Asked by

[Baroness Meacher]

To ask Her Majesty’s Government what plans they have to improve support for children excluded from mainstream schools.

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

My Lords, every child in this country should have the opportunity to receive a decent education. This includes children in alternative provision, many of whom are vulnerable or disadvantaged. To help achieve this, we will expand alternative provision schools and improve their quality so that their pupils receive an education on a par with their mainstream peers. Special and alternative provision will continue to be an integral part of the free schools programme.

[Baroness Meacher (CB)]

I thank the Minister for his reply. However, exclusions from mainstream education have increased dramatically over recent years. County lines gangs and drug gangs generally target these vulnerable children as they emerge from their pupil referral units. They are sitting ducks for those criminals. Will the Minister initiate a review within government of the urgent need to provide professional mental health care and help with communication problems for children identified as at risk of exclusion? The important point is to keep children in mainstream education while addressing their often severe mental health and other problems. This will cost money, but it will be a fraction of the hundreds of millions which would otherwise be spent on police, courts and, most particularly, prisons, as these children pursue a lifetime of drug-related crime.

[Lord Agnew of Oulton]

My Lords, to put things in perspective, the level of exclusion has remained broadly stable over the last 15 years at 0.1%. However, I take on board the noble Baroness’s comments. More needs to be done in mainstream education, which is why we are announcing and rolling out our behaviour hubs to try to stop children being excluded. The quality of alternative provision also needs to be improved continuously to deal with some of the issues that she raised.