Education (Non-religious Philosophical Convictions) Bill [HL]

Baroness Wilcox of Newport Excerpts

2nd reading
Friday 3rd February 2023 Lords Chamber

[Baroness Wilcox of Newport (Lab)]

My Lords, we have heard that the Bill would introduce a requirement for maintained English schools to include non-religious worldviews, such as humanism, in RE lessons, and we have heard views sincerely expressed from across the spectrum. If only I could convey my thoughts with such insight and as lyrically as my noble friend Lord Griffiths of Burry Port, but at least I know where places are in west Wales.

I commend the noble Baroness, Lady Burt of Solihull, for her efforts on this issue—she has been a tireless campaigner across several legislative vehicles—and I thank Humanists UK for its briefing on the issue. As she noted, Wales has already changed its curriculum.

The place of religion and belief in the education system in England is incredibly complex and comes from a time when our society was much less diverse and much more religious than it is now. In recent opinion polling, more than two-thirds of young people in Britain state that they do not belong to any religion and, as many noble Lords stated, we must acknowledge that the UK is rapidly changing in its demography. The 2022 census showed that less than half the population in England and Wales now describe themselves as Christians. In one decade, there has been a 57% rise in the number of people who are not following any religion at all. We are in a world where intolerance and hate speech are starkly apparent due to social media, and conventional media—anyone who watched the BBC last night saw intolerance very well displayed in certain programmes. I urge the DfE to think soberly about how to use the levers it has to equip children to navigate this extremely challenging world.

The aim of the Bill appears to be to ensure that cultural education is balanced and non-exclusionary. In this modern and increasingly secular society, where children and young people are exposed to all views online—in the previous debate, we heard about the dangers of the metaverse—this would provide an excellent opportunity to discuss a variety of topics and issues. Each local authority must establish a standing advisory council for RE—SACRE—to advise it on the provision of RE and to convene any agreed syllabus conferences. Each SACRE comprises four representative groups: Christian and other religions, the Church of England, teachers’ associations, and the local authority.

I chaired the Newport SACRE for many years, and I experienced the inclusivity that came from representatives being able to meet to discuss what were increasingly mutual objectives. Despite overall concerns about the validity of a SACRE in our increasingly secular world, Humanists UK itself has said that it is willing to see SACREs continue as a challenge for consultation between teachers, local religion and belief communities, although it continues to argue that humanists should be included equally with religious people on these bodies, as many increasingly are. The Bill would provide for such inclusion.

I am aware of the Government’s commitment not to make changes to the curriculum. I know myself how difficult it would be to expect teachers—an already overloaded workforce that is undervalued, under pressure and underpaid—to cope with yet more reforms. Therefore, as much as is feasible, we do not want to add to the pressures already on them. There is a downside to piecemeal changes such as this, but the Bill is extremely helpful in highlighting the need to refresh this important area of the curriculum, and we believe that the Government should be open to discussion and review. I hope the Minister will reflect on these matters and consider how best to take them forward.

Secondary Schools: Autistic Pupils

Baroness Wilcox of Newport Excerpts

Thursday 26th January 2023 Lords Chamber

[Baroness Barran (Con)]

I have referred to some of the interventions. I talked about the three-year universal training contract in schools and colleges, which began in April last year. We have funded work on transition—£18 million for supported internships for those with the most complex needs. In addition to that early intervention, we also want to bring clarity to parents, teachers, local authorities and commissioners about what the nationally expected standards of provision are so that it feels like a clear, transparent and fair playing field.

[Baroness Wilcox of Newport (Lab)]

My Lords, while I understand and indeed respect the Minister’s previous responses on this Question, nevertheless the Government continue to delay the publication of their SEND review consultation response. Children, many of whom will be autistic, will be unable to reach their full potential and thrive in appropriate educational settings. These children are being let down. Minister, how much longer will they have to wait?

[Baroness Barran (Con)]

I think I have already said that the implementation plan will be published early this year.

Children’s Private Information: Data Protection Law

Baroness Wilcox of Newport Excerpts

Monday 12th December 2022 Lords Chamber

[Baroness Chapman of Darlington]

To ask His Majesty’s Government what steps they are taking in response to the reprimand issued by the Information Commissioner’s Office to the Department for Education on 6 November for breaching data protection law regarding children’s private information.

[Baroness Wilcox of Newport (Lab)]

On behalf of my noble friend Lady Chapman, and with her permission, I beg leave to ask the Question standing in her name on the Order Paper.

[The Parliamentary Under-Secretary of State, Department for Education (Baroness Barran) (Con)]

My Lords, the department takes the security of the data that it holds extremely seriously. At the time of the breach, it was already working closely with the Information Commissioner’s Office. The department has made significant, positive progress in improving its processes. The ICO has recommended in the reprimand notice that the department continue with its current improvement plans, and we will publish an update in early 2023.

[Baroness Wilcox of Newport (Lab)]

My Lords, I thank the Minister for her Answer, notwithstanding—for noble Lords who are not aware—that the Information Commissioner’s Office formally reprimanded the DfE for prolonged misuse of the data of 28 million students over a 16-month period. The department breached GDPR by allowing online gambling companies to use pupil information to build their age verification systems. The reprimand concluded that the processes put in place by the DfE were woeful. Can the Minister confirm how this happened, how the Government will prevent such a shocking breach happening again and whether they will apologise to the 28 million students affected?

[Baroness Barran (Con)]

I absolutely understand why the noble Baroness probes hard on this Question. The Government have made significant changes to their learner registration system, and those were noted by the Information Commissioner’s Office in its letter to the department in November this year. We previously did not have a centralised data protection function in the department. We were in the process of setting it up when we discovered this breach, and it is now in place.

Young People: Skills (Youth Unemployment Committee Report)

Baroness Wilcox of Newport Excerpts

Wednesday 23rd November 2022 Grand Committee

[Baroness Wilcox of Newport (Lab)]

My Lords, I declare that I too am a vice-president of the Local Government Association. I thank the noble Lord, Lord Shipley, for leading the production of this report over a year ago and for his introduction, which provided a detailed summary of the report’s findings, together with positive suggestions for improvement. I restate my thanks to the noble Lord, Lord Baker, for the introduction in 1988 of those five Baker days, which helped to put professional development for teachers on a positive footing. I will try to give him some optimism tonight as I detail throughout my speech what a Labour Government intend to do about righting the wrongs so exposed by this excellent report.

This report makes for stark reading. At the time of publication last November, 12.6% of 16 to 24 year-olds were neither working nor in full-time study, and youth unemployment was at 11.7%. It is not much better today; now that the pandemic is abating, it is just under 10%. The committee’s report notes

“Unequal access to high quality careers guidance and a decline in work experience opportunities”,


and that careers guidance often starts too late to be useful. Noble Lords may remember my Front-Bench colleagues and I attempting to amend the skills Bill to ensure careers education from year 7, but we were unfortunately unable to persuade the Government of the merits of this, as so well detailed again this evening by my noble friend Lord Watson. Perhaps now they will think again.

Under the current system, employers can use the apprenticeship levy money only on apprenticeships. Some businesses have decided not to touch their levy money, while among those who spend it, employers report spending on average 50% to 60%, meaning that around £1 billion a year is going unspent in England. As a result, the CBI, Make UK, the British Retail Consortium and other business groups have highlighted a number of problems with the system and called for additional flexibility for business. The report that we are discussing today deals with this need for additional flexibility and calls for reform of the apprenticeship levy, such that any employer receiving funding from it is required to spend at least two-thirds of it on young people starting apprenticeships at levels 2 and 3 before the age of 25.

To begin to address these reforms that are so badly needed, my party has committed to a new growth and skills levy, which will give businesses the freedom to use currently unspent money, up to 50% of their total levy contributions, on non-apprenticeship training, with at least 50% reserved for apprenticeships. Clearly, stakeholders of all stripes are united: the levy is not working as it should for our young people.

Last month, my noble friend Lord Blunkett launched his report Learning and Skills for Economic Recovery, Social Cohesion and a More Equal Britain, which set out the scale of the transformation that we must deliver to equip Britain to succeed in the 21st century. Skills England, a new national skills taskforce, should be implemented to drive a national mission to ensure that young people and adults can access the training, reskilling and upskilling needed to thrive. We need to see similar focus and ambition from the Government on tackling youth unemployment, which is still above the G7 average.

My noble friend Lord Knight of Weymouth posed some far-reaching questions on the future needs of young people in education today, and how those needs have to be future-proofed. We must make much more use of developing the green economy and technology in developing young people’s skills. My noble friend Lord Watson referred to the careers aspects of this transformational report.

In taking this forward, Labour will be focused on how we deliver growth and enable people to take up good jobs in towns and cities across the UK. That is why Keir Starmer has already said that we will adopt my noble friend Lord Blunkett’s recommendation to introduce flexibility into the apprenticeship levy, flexibility that businesses are telling us they need to access the range of skills relevant to their workplaces. They will be able to spend money on short, modular courses, or pre-apprenticeship training, helping people to get new opportunities.

After more than a decade of failed Conservative policies, it could not be clearer that it is working people who will drive economic growth in this country, and we will focus on enabling people to succeed. As it stands, skills budgets are disparate, incredibly centralised and, more importantly, clearly not working. If we want young people to get on, we must devolve and combine these budgets, so decisions about training and upskilling are made closer to the people, businesses and communities who need them—those with real skin in the game. There is a tangible need for skills policies to be better aligned with regional economic policy and local labour markets, to deliver a more local, tailored approach to skills provision.

Analysis for the LGA by the Learning and Work Institute shows that the number of people improving their skills or finding work could increase by 15% if councils and combined authorities were better able to co-ordinate and bring together employment and skills provision across a place. Labour will merge the various education skills funding for adult streams, such as the shared prosperity fund and Multiply, with the existing adult education budget. This will then be devolved to combined authorities which, in collaboration with central government, will direct skills spending in their region and use their convening power to ensure that skills provision in their area is aligned with the local labour market, bringing together representatives from new local skills improvement partnerships, FE colleges, universities and local businesses. Skills England will co-ordinate the framework within which combined authorities deliver skills funding to make sure that local outcomes and local priorities are aligned with our industrial strategy and help us meet the challenges the country will face over the coming decades.

We will introduce a list of approved qualifications that businesses could spend their flexible levy money on, which will be developed by a new body in collaboration with businesses, unions and wider experts. We will include modular courses in priority areas which lie at the core of our industrial strategy, including digital and green skills, social care and childcare, which will boost training opportunities with a view to supporting national ambitions such as the transition to net zero. Functional skills and pre-apprenticeships training will help to tackle key skills, especially around basic digital skills. SMEs, which do not pay the levy, will be able to reclaim 95% of co-payments on approved courses in the same way.

Furthermore, Labour is committed to a complete review of the school curriculum, which was mentioned by noble Lords in the debate this evening. We would ensure that young people are equipped for the world and workplace of the future, not of the past. Among other things, we will look to reform the citizenship curriculum so it embeds practical life skills—looking at budgeting or understanding employment contracts—and digital competency, so that all young people gain the digital skills that they will need to thrive. We will ensure that this review is carried out by expert opinion because we want to give young people the best start in life and ensure that they leave our schools ready for the future.

I can go through the Government’s record on this issue to date—I am not normally a negative person, but apprenticeships have declined by almost 200,000, 11 million adults lack basic digital skills, and 9 million lack essential literacy or numeracy skills. There were 4 million fewer adults taking part in learning in 2020 compared with 2010.

What are we to do? A headmaster told me once, “Debbie, the biggest room in the world is the room for improvement.” He was right. He had it on a T-shirt which he liked to wear.

I end by quoting from the conclusion of my noble friend Lord Blunkett’s report:

“If there is not a step change which re-balances the economy, lifts the productivity and growth in regions across the nation to the levels seen in London and the South East, then the danger of stagflation will continue, the country will stagger on accepting mediocrity, gradually sliding further behind those countries who are determined to equip their nation for tomorrow’s world.”

Child Hunger in Schools

Baroness Wilcox of Newport Excerpts

Tuesday 22nd November 2022 Lords Chamber

[Baroness Barran (Con)]

I will say two things in response. First, of course we will keep the policy under review. But I am sure that the noble Lord would accept that you cannot take funding for free school meals separately from other elements of support for vulnerable families. Secondly, the point that I have been making is that the support for those families, under this Government, has been targeted and extensive.

[Baroness Wilcox of Newport (Lab)]

My Lords, the food strategy of just this year said that it hoped it would spark a school food revolution. This has not happened. The Chefs in Schools report makes for stark reading and includes shocking revelations about the sheer scale of child hunger. When will the UK Government follow the Welsh Labour Government’s lead in providing breakfast clubs and investing in all our children?

[Baroness Barran (Con)]

I have already referred to the point about breakfast clubs. The Government are already investing in breakfast clubs and we remain open to new evidence, but our focus is on the most vulnerable.

GCSE and A-level Results: Attainment Gap

Baroness Wilcox of Newport Excerpts

Thursday 8th September 2022 Lords Chamber

[Baroness Wilcox of Newport (Lab)]

My Lords, I thank my noble friend for bringing this important debate to the House and the many speakers who have spoken of the need to highlight the failings in the system in order to restore the horrendous inequalities we suffer as a nation because of the gaps we have in educating our children. I taught for almost 35 years, mainly in south Wales, which has a similar demographic to the north-east of England: low economic levels after years of deindustrialisation, low wages and low skill levels.

Bridget Phillipson MP, our shadow Education Secretary and a representative from the north-east, when responding to new research showing that half of pupils who get low grades at GCSE are already judged to be behind at age five, said: “The Conservatives are failing our children. Higher quality early years education is essential to boosting outcomes for children, but under the Conservatives, early years support is increasingly unavailable and unaffordable, putting this essential education out of reach of more families. Labour would be tackling this now, investing in children’s early learning through our children’s recovery plan and ending tax breaks for private schools to invest in driving up standards across all schools, for every child.”

I looked at the three-year research project by Professor Major of the University of Exeter to seek to understand why successive Governments have failed to address an issue that has continued to plague England’s education system for several decades. Failure to get a grade 4 in both English language and maths GCSE—notwithstanding my noble friend’s issues with GCSEs—is a strong indicator that teenagers lack the basic levels of literacy and numeracy needed to function and prosper in life after school.

In all my experience as a front-line classroom practitioner, one of my favourite phrases was, “Try to head off trouble at the pass.” I saw time and again that problems that were not picked up and resolved at an early stage of a child’s education persisted and deepened as they went through the secondary sector. Crucial to those issues was lack of literacy, especially reading and writing, but numeracy as well. Without these basic foundations, the rest of the curriculum becomes unreachable and progress is slow and poor.

The report Child of the North, from December 2021, highlighted that rising inequality costs the economy in lost potential. The research showed that children in the north have a 27% chance of living in poverty, compared to 20% in the rest of England. The report came up with a series of recommendations on how to narrow the gap and improve the lives and futures of millions of children in the north-east. Regional inequality was down to a lack of investment and it called for a £10 per child per week uplift in child benefit, bringing in free school meals, as we have done in Wales this week, and permanently feeding children during holidays. Investment in children creates high returns and benefits for society as a whole.

I have excellent examples of what Governments can do to deal with child poverty, because tackling child poverty has been, and continues to be, a priority for every Minister in the Welsh Government, who have to deal with one of the highest rates of deprivation in the UK. This includes continuing to strengthen families and communities through early intervention; prevention programmes, such as Flying Start and Families First, that you in England used to have but no longer; further developing an early childhood care and education system; improving employability; and creating secure, fair work and a living wage.

The current crises we face in these unprecedented times are difficult for those who have to make decisions, but burdens are never shared equally and children will suffer unequally. After two years struggling to cope with job losses, the pandemic, pay cuts and rising costs, families with children have been hit the hardest once again by the worst inflation seen in four decades.

I will leave the final thought to Imran Hussain, who is director of policy at Action for Children:

“Poverty destroys life chances. You cannot level up the country with millions of children in poverty so it’s vital the Government brings forward a credible plan to reduce poverty.”

Schools Bill [HL]

Baroness Wilcox of Newport Excerpts

Report stage & Lords Hansard - Part 1
Monday 18th July 2022 Lords Chamber

[Lord Mendelsohn (Lab)]

My Lords, I will speak to Amendments 97A, 118J and 118K.

We have to remind ourselves that the issue of unregistered school settings and the claim that some people are home schooling in order to send children to such settings is a problem that we have long had. Many people here will remember that Section 96 of the Education and Skills Act 2008 was established specifically to make sure that such settings were deemed unlawful. Unfortunately, we found that the law was so difficult to enforce that we have had a massive increase in the number of unregistered school settings, creating much more of the problem that we have had to deal with. Indeed, there have been only three prosecutions, and the first one took 10 years to take place. The number of schools that have been reported to Ofsted exceeds, I believe, a thousand. Hundreds have been identified by Ofsted but have been very difficult to deal with. Enforcement has been so poor that many schools deregistered to unregistered schools to avoid any form of regulation because they felt that they could operate in that way.

The position has been very clear. Departmental advice for collaborative working between the Department for Education, Ofsted and local authorities in March 2018 stated:

“Over recent times, we have seen a rise in the number of institutions operating outside the regulatory regime as unregistered independent schools; this involves a criminal offence and conduct that may be putting children at risk of harm, denying them a suitable education, and limiting their life chances. Tackling unregistered independent schools is a priority—and one that involves joint working and collaboration.”


Unfortunately, even in those times it was very clear that the provisions available to Ofsted, local authorities and the Government were very weak. That is why these measures in the Bill have been so warmly welcomed.

However, there are issues on which I am still trying to probe the Government and encourage them to think of creative ways in which to draft measures. It would be a tragedy that, 15 years after we thought we had solved a problem that had existed for decades beforehand, we were in the same position, in that the provisions were insufficiently flexible and strong to make sure that the law is properly enforced and that that which is meant to be outlawed is so done; and that if it were seen to be unable to be enforced effectively, we would have to wait another 15 years in order to do that.

Amendment 97A tries to deal with those who are enablers of the use of unregistered educational settings and who do not take a formal role in the structure of that educational setting. Such people may provide a facility or other forms of support, be that a location or funding that goes towards individuals who are providing these skills, but they structure it in a way that does not make them culpable in any way as an educational institution. I believe that the Government are missing a trick if they do not deal with those people who help these things continue.

Amendment 118J seeks to give Ofsted a more general, anti-avoidance power. This would allow it to join the dots in situations where its intelligence and information, in matters raised by a parent or parents in this situation, make it clear that it can take a broader view of how these institutions may well be operating or trying to operate once their structure has been changed to try to find loopholes in the law.

Lastly, Amendment 118K would establish a process to review the Act and its operation and to encourage reporting to the House, particularly on this measure—I suspect there may well be a clumsy error in the drafting, for which I apologise in advance. The intent is to try to focus on this area so that the expertise and views of local authorities and others involved in education, especially Ofsted, can be collated by the department so that we can review whether or not these measures are being successfully enforced and we are achieving the outcomes that we so desperately want for the safeguarding of children.

Obviously, I will not push these amendments to a vote. They are there to try to encourage the Government to think again as the Bill goes through its passage in another place on how additional measures could be introduced to make sure that we make this the final time we have to legislate on these issues.

[Baroness Wilcox of Newport (Lab)]

The amendments in this group have attendance at their core, and nothing is more important. In addition to being directly related to physical health, the attendance of learners in school is affected by well-being and mental health, and by attitudes towards learning and schooling. My noble friend Lord Hunt and the noble Lord, Lord Storey, made some important points regarding children with medical conditions. The interrelationship between attendance and general well-being is considered so strong that attendance has often been taken as a measure for well-being in previous data collection. We know that attendance has a strong impact on learner outcomes, standards and progression. I can tell you from first-hand experience that examination outcomes strongly correlate to attendance rates.

Amendments 118J and 118K, proposed by my noble friend Lord Mendelsohn, seek to deal with the current gaps in legislation, addressing important issues surrounding attendance and its promotion by educational institutions, and would require a review of any avoidance of the legislation as it develops, which we support.

[Baroness Barran (Con)]

My Lords, the fourth group of amendments relates to school attendance orders and independent educational institutions. I thank my noble friend Lord Lucas and the noble Baroness, Lady Brinton, for Amendments 87 and 89. However, we are concerned that these could work directly against the child’s best interests by increasing the time that a child could spend in potentially unsuitable education. We do not regard the issuing of a preliminary notice as an extreme penalty that warrants such justifications for issuance. We believe that a local authority should be able and required to take steps to determine the suitability of education being provided where there has been insufficient or inaccurate information given.

The local authority is already legally required to consider all relevant factors in determining whether it is expedient for a child to attend school, including whether it is in the child’s best interests. I hope that reassures the noble Lord, Lord Shipley, who tabled Amendment 91. To reiterate, “expedient” in this context means that it must be

“advantageous; fit, proper, or suitable to the circumstances of the case”

for the child to attend school. Of course, as the noble Baroness, Lady Wilcox, said, it will almost always be in the child’s best interests to attend school if they are not receiving suitable education, but there may be cases in which it could be argued that another solution would be better for the child—for example, if the child is physically or mentally too unwell to attend school.

On Amendment 96, tabled by the noble Baroness, Lady Brinton, we have been clear through our recently published school attendance guidance that local authorities are expected to work closely with other services and partners, such as health services. Paragraph 79 of the guidance—I am worried that the noble Baroness is at home saying to her screen, “But who gets to paragraph 79?”, but I know that she will get to it—says that local authorities are expected to

“Build strong relationships with a range of services and partners that can help with specific barriers to attendance and how to access them.”


It then lists services that local authorities are expected to work with, which include health, children’s social care and youth justice services, to which the noble Baroness referred. I know she is concerned about what happens in cases where the guidance is not followed, and I am happy to write to her to set out our response to those situations in more detail.

As already mentioned, government Amendments 71 and 72 would prevent the school attendance order process being triggered where parents simply do not know the information required.

With regard to Amendment 88, tabled by my noble friend Lord Lucas, I must reiterate the importance of local authorities remedying the situation for any child who is not receiving a suitable education, in the shortest time possible. The introduction and reduction of timeframes in the school attendance order process will help achieve this. However, I remind the House that, as my noble friend mentioned in earlier debates, even with the timeframes set out in the Bill, a child could still potentially be without suitable education for a period of at least 51 days, without extending this any further.

--- Later in debate ---

[Lord Agnew of Oulton (Con)]

My Lords, I reassure the noble Lord, Lord Hunt, that regional schools directors are civil servants. I am sure my noble friend the Minister will confirm that there are no proposed changes to that. During my tenure they were all directly answerable to me on behalf of our Secretary of State. I tried very hard to ensure that we had a mixture of skills in that group.

When I was the academies Minister, the national schools commissioner had been a teacher, then a headteacher, then the chief executive of an academy trust, so he had a very good understanding of the whole culture. We had another very good regional schools commissioner who had been the head of local authority social services and so on, but we also had permanent civil servants. My mission was to bring them all together. They all reported to me, and we met as a group regularly so that there could be a transfer of ideas between them. I do not think there are any plans for that to change.

[Baroness Wilcox of Newport (Lab)]

My Lords, I am speaking to the two amendments we have in this group: Amendments 118G and 118H. I thank my noble friend Lady Lawrence for making some extremely salient points which I will refer to subsequently.

To the noble Lord, Lord Storey, I would like to explain that Amendment 118G will require every academy to follow the national curriculum. We have the list of things we would like to talk about because of the inherent contradictions we have found in this Bill. We have been trying to work around them and are attempting to fill the gaps as best we can. As the Government were clearly intent on a sweeping approach, we felt it was imperative that those issues be included in the national curriculum.

Amendment 118H would compel the Secretary of State to

“work with the devolved administrations”,

as noted by my noble friend Lady Lawrence, to launch and publish a review into teaching about diversity in the curriculum and

“to ensure that teaching of British history includes but is not limited to … Black British history … colonialism, and … Britain’s role in the transatlantic slave trade.”

The English education system could learn a great deal from Wales in this matter. Our new curriculum will be launched this September. The new mandatory elements of the curriculum, in particular the teaching of the experiences and contributions of people from minority backgrounds, will broaden the education of every child in Wales so it better reflects the experiences of the whole population of Wales. Educating young people about the experiences and contributions of minority ethnic peoples in Wales, past and present, will promote lasting change aimed at tackling broader inequalities within society. I urge the Minister to support this aspect of our range of amendment suggestions.

In conclusion, we also support Amendment 101 proposed by the noble and right reverend Lord, Lord Harries of Pentregarth, and other noble Lords. The values of British citizenship should include important elements, not least democracy and the rule of law—an important lesson learned by some Members of the other place in recent weeks.

[Lord Lucas (Con)]

My Lords, I am grateful to the noble Baroness, Lady Wilcox, for explaining her amendment to us. I am liberal rather than post-modern; I believe in the objective being one united society where we are all equal, rather than in the fractured values which her amendment proposes. It is really important that what we teach in schools covers all our experiences and all the threads that make up the UK. The English ought to learn a great deal more about the Welsh and Scots, for a start.

One of the fundamental problems, illustrated in the dispute with OCR over its poetry curriculum, is that we have allowed our examination system to become far too narrow. Yes, a thread of the undisputed greats in literature ought to run through things, as well as the thread of our history that used to consist of learning the names and dates of kings but is actually rather more interesting. Within them are the stories of us all—and that really ought to be us all.

To manage that within a school curriculum, you need a lot more freedom than we allow people at the moment, not less. We should not have a national curriculum that says, “These are the five things that you must teach”, but one with the ability to stretch broadly, bring things in and illustrate them and, as the noble Lord, Lord Storey, said, enrich people’s local experience with things that mean something to them. I support the noble and right reverend Lord, Lord Harries, in his endeavours.

My noble friend Lord Sandhurst will know that I am very much with him on his amendments, and I am delighted to find myself with the noble Lord, Lord Woolley, in what he is asking for. The noble Lord says that he is surprised to discover that the Lords is cool. For those of us who come from the west, we walk in every day past a notice that says, “Peers entrance”. Indeed they do. The problems he outlines remind me a lot of what goes on with sexual abuse in schools. The answer is to face it, look at it and really be interested in, not afraid of, what is going on. We should be confident that we do not want it to be that way. We should not expect quick solutions so that we can forget about it, but know that this will take us a good long while to sort out and that it has some deep roots. I would really like to see the Government take some steps in the sort of direction the noble Lord proposes.

Schools Bill [HL]

Baroness Wilcox of Newport Excerpts

Report stage & Lords Hansard - Part 2
Monday 18th July 2022 Lords Chamber

[Baroness Wilcox of Newport (Lab)]

My Lords, Amendment 118D would mean teachers in all schools would be

“required to have, or be enrolled on a course such that they are working towards, qualified teacher status”

before September 2024. I have spoken extensively previously about teachers without QTS having less pedagogical training and less subject knowledge than their qualified colleagues, although I do note the Minister’s previous replies to this on several occasions. However, I firmly believe the Government need to match the ambition of Labour’s national excellence programme. This amendment will begin to address these current failings.

Amendment 118E would mean that, within a year of Royal Assent, the Secretary of State, whoever he or she will be, would have to ensure that

“every … school is working towards establishing a breakfast club, able to provide a free breakfast to every pupil who requests one”.

Yet again this evening, the UK Government could learn from what the Labour Government are doing in Wales: providing free breakfasts in primary schools has been an integral part of the wider work the Welsh Government have done to improve food and nutrition in schools maintained by local authorities since September 2004.

Finally, Amendment 118I would mean that, within six months of Royal Assent, the Secretary of State would have to

“consult on and launch a school children’s pandemic recovery plan”.

The consultation would include:

“free breakfast clubs … extra-curricular activities for every child … provision of … in-school mental health counselling staff … small group tutoring … ongoing learning and development for teachers, and … an education recovery premium”.

This may include uplifting the current premium rate by 10%, increasing the early years pupil premium to match the premium rates for primary school pupils, and expanding the secondary age pupil premium to include pupils aged 16 to 18 and children with child protection plans. There is so much to do but this amendment clearly sets out the difference between what a Labour Government would do for the children and young people of England compared with what little they are now receiving and will continue to receive under this Conservative Government.

[Lord Hacking (Lab)]

My Lords, I was for a short time a governor—the noble Baroness is looking at me as if I am doing something wrong—of our local primary school. I remember at a governors’ meeting that one of the teacher-appointed members of the governing body was the English teacher. The only trouble was that he could hardly speak any grammatical English. I wondered often—and spoke to the headmistress about it—how good he was at teaching English.

Two other amendments are being considered in this group, both in the names of my two noble friends on the Front Bench. I support both of those. It is not easy to set up breakfast clubs and the like at primary schools. You have to stretch teachers to provide those services but when they can be provided, they are of enormous assistance and enable parents to go and get on with their lives—nothing could be easier. It also ensures that children start with a good breakfast.

Schools Bill [HL]

Baroness Wilcox of Newport Excerpts

Report stage & Lords Hansard - Part 2
Tuesday 12th July 2022 Lords Chamber

[Lord Addington (LD)]

My Lords, starting with Amendment 62, it was one of those amendment where I proved, once again, to myself that I could not be in two places at once and came in halfway through last time. It is one of those amendments where I am unhappy about the fact that it needed to be moved. It is a group of lobbies, effectively, coming together saying the system does not work and that we have not got round to fixing it. I know the Minister will tell me, when she replies, that there is a review looking into special educational needs at the moment, but will she take on board and feed back that we actually have a postcode lottery about where there is support and where there is not? There is no arguing about this: it just is. If it were possible to transform the circumstances from the good authorities to the bad ones, that would be fine and we would have much less of a problem.

Something else that the noble Lord, Lord Hunt, has picked up on is that, unless people have an EHC plan, the chances of their getting help are so much more reduced. When we passed the Children and Families Act 2014, we assumed there would be a gradated approach of support and the EHC plans would be reduced compared with the number of statements. This has not happened, because we have identified more problems. There was a gross underidentification—this much we do know—probably not in these particular groups because most people can spot if someone cannot hear or see, but with other problems it is more difficult. Without an EHC plan, it is a struggle, and if people fall behind, they have higher needs and they go to the lawyers. One thing that should be borne in mind with this amendment is that we are in an environment where one of the greatest growth departments in the legal profession is people dealing with the educational system to get support. That says, clearer than anything else I can think of, that there has been a failure. I was on the Committee of that Bill and I did not see it coming, but it has happened.

We need some indication of how better allocation of support will come. This is not a big argument about “Are they or aren’t they?” or whether we need a heavy diagnosis of things such as dyslexia, dyspraxia, attention deficit disorder or the rest of them. It is something that is comparatively easy to spot, so I would hope we can get some idea what the Government’s thinking is. I appreciate that the review is still going on, but if we can get some kind of idea of what they are thinking about on these conditions, it should take some of the pressure off.

My noble friend Lady Brinton’s amendment, once again, goes back to the Children and Families Act 2014 and is something of a no-brainer in my opinion. If someone with medical training such as a doctor—a specialist doctor, often—says “Don’t do it: it will be detrimental to their health or difficult” and then someone in the Department for Education says, “But we want to do something else”, I am sorry, but health comes first. Children cannot learn if they are unhealthy, or if they are struggling with their health or if they are worried about it. That much we have proven. It is essential that we bring into the Bill some way to give greater clarification that, when a medical need is identified, the school or education environment must react correctly—that is agreeing with it unless they have very good grounds. If noble Lords can think of some examples of where this would happen, or where a school might have that capacity, I am all ears.

On the general area of mental health, having talked about some of the other issues here in special educational needs et cetera, we know that stress enhances mental health conditions. Let us face it: schools now are expected to pass more, and Governments of all sides have encouraged that. Anybody struggling with that process is immediately under stress, so it is not that surprising if we are discovering that many more stresses or mental health conditions—and we do spot them now. We are looking for them and if you look for things, you find them.

If you want to find an environment where people have incredibly low attainment and very high mental health needs, look into a prison system: the scholars of the group will have left school at 14 and virtually none will have secondary education. That is often because they cannot cope with it or are not succeeding, or it may be because of their background. I might be going to the worst-case scenario early, but it hones minds on to these areas. We need to get in and spot this.

If some financial support is found here or from government generally, that may well help with money in the long term, because departments should work together. They find it incredibly difficult to do it because there are Chinese walls. Everybody says, “We’re going to have a committee that works together.” Two Ministers meet once in a blue moon, then forget about it and find another priority so as to avoid it; that is the experience many Ministers have described to me, not just in education or health. If we do not get some better way of giving some active support, we are going to miss these problems and they will become acute later on.

I look forward to hearing what the noble Baroness, Lady Penn, is going to say on this group, but these issues are ongoing. I would hope, on Amendment 107, that the Minister will simply tell us how it is to be better done. I understand that the others have a more complicated web of interaction, but I hope that we will get some positive guidance—or see the way that the Government’s minds are working, or were at least working a few weeks ago.

[Baroness Wilcox of Newport (Lab)]

My Lords, this is my first opportunity at the Dispatch Box after the vote we took last week on changing the hours of the House of Lords. I am so glad to see that all those people who were so clear about staying after the dinner break are here—not.

Good mental health is fundamental to be able to thrive in life. I spoke in Committee about the experience of growing up with a dearly loved mother who suffered so wretchedly from mental illness and the limiting effects it had upon her quality of life. She was extremely proud of my achievements but could never fully engage in them, due to the debilitating effects of her condition.

Current research shows that 50% of mental health problems are established by the age of 14 and that 75% are established by the age of 24. Young people in the UK today are dealing with high levels of stress, due to a variety of issues. The DfE’s annual report State of the Nation 2021 noted that reductions in average levels of well-being occurred most clearly in February 2021, when schools were closed to the majority of children, before recovering towards the end of the academic year.

In this context, we have therefore introduced two amendments. First, Amendment 114 would compel the Secretary of State, whoever he or she may be, to consult on the current provision in place to support children’s mental health and well-being in schools. Our second amendment, Amendment 115, would compel the Secretary of State to publish an annual report on: how the mental health of children in academies and maintained schools in England affects, and is affected by, their schooling; actions being taken by schools to improve pupil mental health; and the extent to which schools are working with local National Health Service and voluntary and community sector providers, as noted by the right reverend Prelate the Bishop of Durham.

I have previously drawn your Lordships’ attention to the fact that mental health is not mentioned in the Bill. We have debated over many days and have made—people who have been here for years tell me—gigantic changes to this Bill by comparison. We have debated school structures, while one in six of those aged between six and 16 have a probable mental health issue. This is a priority area for Labour. We would guarantee mental health treatment for all who need it within a month and hire at least 8,500 new mental health professionals. But a creaking National Health Service cannot do this alone.

The focus should be on prevention. Schools play a vital role in this area with a maintenance of general welfare and resilience throughout a child’s time in education, rather than acting only at times of crisis when it is too late. It is an acute crisis, and recognising that is an essential tool to learning and welfare. We need to intimately understand the drivers of the problem and give targeted support to tackle it. Both Labour amendments are urgently needed.

[Baroness Penn (Con)]

I will start by responding to Amendment 62 and thank the noble Lord, Lord Hunt, for this amendment. As he said, we have previously discussed these issues in Committee. As he knows, local authorities have existing duties to identify children and young people in their area who have special educational needs or disabilities—SEND—and to work with other agencies to keep under review the adequacy of provision available to meet their needs. The department supports local authorities in doing so.

I acknowledge the points the noble Lord made, but they are best addressed by our wider reforms to the SEND system. I reiterate that high needs funding is increasing by £1 billion in the current financial year to a total of £9.1 billion. Local authorities have flexibility in how this funding is used, particularly and including to support those with sensory impairments. Separately, pupils with additional needs also attract additional funding through the schools national funding formula, which includes proxy factors for SEND. I reassure him that this will continue under the direct national funding formula. This additional needs funding equates to £6.6 billion in 2022-23 and is not dependent on whether a child has an education, health and care plan. I take the noble Lord’s point about those who may have sensory needs not having education, health and care plans, but there is also additional needs funding in place that is not dependent on those plans being in place.

As the noble Lord, Lord Addington, referenced, the Government recently published their SEND and alternative provision Green Paper, setting out ambitious proposals to improve the experiences and outcomes of children and young people with SEND. He referred to a postcode lottery, and he will know that the Green Paper includes a proposal to introduce national standards for how needs should be identified, assessed and reviewed, as well as the support that should be available for children and young people with SEND, including those with sensory impairments. That is currently out for consultation until 22 July, and we do not want to pre-empt the response.

The noble Lord talked about the litigiousness of the current system, and I agree with him. One of the aims of our reforms is to address that by having clear expectations across the country for parents and children. We hope to reduce that side of the system and take things forward in a more collaborative way.

Turning to Amendment 63, I am grateful to the noble Lords, Lord Storey, and the noble Baroness, Lady Brinton, for their amendment on statutory funding for mental health support in schools. Schools can play a vital role in supporting young people’s mental health. However, as we have discussed previously, tackling this issue cannot be the responsibility of schools alone, and it is not a school’s job to provide specific or specialist treatment interventions.

Schools Bill [HL]

Baroness Wilcox of Newport Excerpts

Report stage & Lords Hansard - Part 1
Tuesday 12th July 2022 Lords Chamber

Schools across our country are now teaching the eight academic subjects that were agreed in 1904. We are not moving our schools toward what is needed in this day and age, but specialist schools are a way of doing it.

[Baroness Wilcox of Newport (Lab)]

My Lords, our Amendment 44 would remove the exemption that teachers in academies have from needing to have qualified status, but it gives a grace period until September 2024 to give schools and teachers time to adjust, which we feel is a sensible way forward. It redresses the opt-out from 2012, when David Cameron removed the need for academies to have QTS. Since that time, there has been a decade where children and young people have been taught in academies by unqualified staff. We assert that, in recognition of the preparation teachers must undergo, the term “teacher” should be reserved solely for use by those with QTS and that a person in training should have a separate designation. This amendment would ensure that all pupils in every school were taught by a qualified teacher.

The quality of the teacher is the most important factor in academic and non-academic attainment. Those of us in your Lordships’ House who have had the privilege of working in the profession would surely agree. Teachers need pedagogical content—knowledge—as well as a strong understanding of the material being taught. They must also understand the ways students think about the content, be able to evaluate the thinking behind students’ own methods and identify students’ common misconceptions. All these areas are covered in training teachers towards QTS: it is not just about having the knowledge and content of the subject itself; teachers must have knowledge and understanding of how children learn in order to convey that knowledge. There is quality of instruction, classroom climate, classroom management, teacher beliefs and professional behaviours, all of which impact on the quality of education experienced by our pupils.

The Government need to match the ambition of Labour’s national excellence programme. We have plans and visions for education: we will recruit thousands of new teachers to address vacancies and skills gaps across the profession; we will reform Ofsted to focus on supporting struggling schools; and we will ensure that the best, fully qualified teachers are in our schools by providing teachers and headteachers with continuing professional development and leadership skills training. This amendment would begin to address these current failings in the system.

Our Amendment 45 would mean that all multi-academy trusts were subject to Ofsted inspection. We want there to be more accountability for the decisions taken at MAT level, including the necessary interventions when there are failures within the trust. We recognise that Ofsted “summary evaluations” of MATs were introduced in 2018, but these are done only with trust consent. They offer no gradings, do not cover every trust and do not target those causing concern. Recent updates to the guidance on those inspections should help to broaden their remit and increase their volume. However, Ofsted itself has highlighted the need to go further, noting the “peculiarity” of not inspecting MATs on their governance, efficiency and use of resources.

The Labour Party proposes in this amendment that MAT inspections should include a proper assessment of leadership, governance and safeguarding arrangements. We also support the amendments moved by my noble friend Lord Hunt, which address the issue of “proper consultation”. Parents and staff need to be consulted at the beginning of any process. Additionally, we offer our support to Amendment 10 in the name of the noble Lord, Lord Storey, which would require a proprietor of two or more academies to establish a local governing body for each academy in its care, with a role for local authorities, parents and carers.

[Lord Lucas (Con)]

My Lords, I am attracted by the noble Baronesses’ Amendment 45. From a parent’s point of view, I think it is key that information should be available on what a multi-academy trust is about: what is its style, what are its beliefs, what atmosphere is it seeking to generate in a school? Within the structures of a multi-academy trust, particularly one that is strongly centrally controlled, this makes a great deal of difference to a school. In judging whether your child will flourish in and be supported by a school and will have their particular character and ambitions celebrated by a school, knowing how the multi-academy trust looks at things—not just the head teacher it has in place at that particular moment—is a really important part of the judgment. To have some narrative on that from Ofsted strikes me as being the best practical way of getting that information out to parents.

I am also attracted by the amendment proposed by the noble Duke, the Duke of Wellington. I have not seen, in my experience of running the Good Schools Guide, schools groups that successfully embrace schools of a really different character. Schools groups are human organisations; they need to have a philosophy of life, a way of doing things, and to have within them schools of radically different philosophy poses great challenges. I cannot recall an example of that being done successfully. Usually, one philosophy or the other comes to dominate, and that produces, in those schools that really do not belong with that philosophy, a lack of tone and performance which reduces their value to the children attending them. This is a really difficult thing to do well, and therefore I support the safeguards proposed by the noble Duke, the Duke of Wellington.

The Government have the whip hand in the end. They are providing the money and can push something through against opposition. If it is ridiculous, they will not find themselves in an Ampleforth situation, because they are the paymasters. However, I think the decision to push a specialist school into a generalist trust is one that ought always to be taken with a great deal of care, and that is what I think the noble Duke’s amendment would produce.

--- Later in debate ---

[Baroness Wilcox of Newport (Lab)]

I have several things in common with the noble Lord, Lord Storey. One is that I also chaired the SACRE in Newport; the other is our teaching careers.

The aim of Amendment 30 is to ensure that cultural education is balanced and non-exclusionary. In a modern society where children are exposed to all kinds of views, particularly online, it could provide an opportunity to discuss a variety of topics and issues. I recognise that a variety of opinions have been expressed, not least by the right reverend Prelate the Bishop of Durham and my noble friend Lord Murphy. How can I possibly not defer to the former Secretary of State for Wales? As the noble Baroness, Lady Meacher, pointed out, the laws on religious education have been reformed recently in Wales. It has seen an explicit reference to “philosophical beliefs” included and a change from “religious education” to “religion, values and ethics”, with the removal of the parental opt-out. With all that in mind, I look forward to hearing the Minister’s response on these issues.

[Baroness Penn (Con)]

My Lords, I thank noble Lords for their contributions to this debate. I also reiterate the Government’s thanks to the right reverend Prelate, on behalf of my noble friend, for his constructive work with the department to ensure that we get these issues right in the Bill and achieve the shared aim that we all seek.

As the noble Baroness, Lady Meacher, set out, Amendment 30 in her name seeks to add to the Bill a duty on academy schools without a religious designation to teach religion and worldviews. The amendment also provides that this teaching must be objective, critical and pluralistic. The Government believe that this amendment is unnecessary because it places into primary legislation what is already in academy trusts’ funding agreements about teaching religious education. As my noble friend Lady Barran has set out, over the summer we will undertake the necessary policy work and engagement with the sector to bring back revised clauses on academy standards, as well as the intervention and termination provisions. To achieve this, the regulatory and commissioning review that we launched on 29 June will consider, alongside other matters, academy trust regulation as we move towards a fully trust-led system. It is through those clauses that we will seek both to establish the principles on which academy standards will be based and to ensure that any powers sought provide a more clearly defined and constrained regulatory approach.

By contrast, this amendment would introduce a new requirement on academies to teach worldviews and dictate the nature of the religious education curriculum. We have been clear that, although that work is being undertaken, the aim none the less is for the first set of standards regulations largely to consolidate existing requirements on academies, not place more burdens on them or interfere with their freedoms. This amendment would do both.

However, I assure the noble Baroness, Lady Meacher, the noble Lord, Lord Storey, and others that worldviews can already be taught as part of religious education. Indeed, on SACRE, to which he referred, the policy remains that academies and agreed syllabus conferences—I think we are talking about the same thing there—are the places that currently propose locally agreed syllabuses for RE in maintained schools; academies have their own process. The Government believe that they should be free to determine their own approach to the teaching of RE.

I say to the noble Lord, Lord Mann, that, as I said, existing provisions already allow worldviews to be taught as part of religious education. They also allow for other religions to be taught in maintained schools, not just Christian views. There are also other opportunities in the curriculum—for example, through PHSE lessons—for what he is looking for. The Government believe that schools already have flexibility to determine the curriculum that they think appropriate. They also have an explicit flexibility that can include non-religious worldviews as well as religious ones. Therefore, we do not think that there is any need to specify that further in the Bill; indeed, doing so would contradict our approach on earlier parts of the Bill in terms of going away, looking at academy standards and consulting the sector over the summer.

However, I should say to the noble Baroness, Lady Meacher, that, as I said before, our intention is for those standards to replicate in the first instance existing standards, which would not then change RE by widening it explicitly to include worldviews—although that is already provided for. It would also not specify the nature of how RE should be taught, which we think is best determined at the local level.

I hope that I have addressed the noble Baroness’s points. I know that I will have disappointed her but I will wait to hear whether she wants to move her amendment when it is reached.