Relationships Education, Relationships and Sex Education and Health Education (England) Regulations 2019

Lord Agnew of Oulton Excerpts

Wednesday 24th April 2019 Lords Chamber

Moved by

[Lord Agnew of Oulton]

That the draft Regulations laid before the House on 25 February be approved.

Relevant documents: 22nd Report from the Secondary Legislation Scrutiny Committee (Sub-Committee B)

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

My Lords, I thank the Secondary Legislation Scrutiny Committee for their in-depth consideration and report.

These regulations represent a significant step that will equip children and young people with the knowledge and support they need to lead safe, healthy and happy lives in modern Britain.

The world that children are growing up in is changing rapidly. They are encountering a more interconnected and interdependent world. This presents both opportunities and risks, as children have greater exposure to information, content and people that can and do cause harm. Evidence shows that many parents want schools to help with this. That is why during the passage of the Children and Social Work Act 2017, with strong cross-party support the Government brought forward measures requiring the introduction of compulsory relationships education for all primary school pupils and compulsory relationships and sex education for all secondary school pupils. Having listened to concerns raised about mental health, the impact of the online world and risks related to unhealthy lifestyles, we also took the decision to make health education compulsory in all state-funded schools.

It is important that at the earliest age children are taught the building blocks they need to develop healthy, positive, respectful and safe relationships of all kinds. All of this will be set in the context of, and include, teaching about personal development and virtues such as honesty, integrity, kindness, resilience and courtesy. This will give schools the opportunity to support pupils to develop an inner sense of what is right and wrong, as well as respect for others and for difference. The subjects will drive up the consistency and quality of pupils’ knowledge about physical and mental health. Physical health and mental well-being are interlinked. It is vital that pupils understand that good physical health contributes to good mental well-being.

In developing these subjects, we have received significant input from external organisations and education professionals, as well as the tens of thousands of individuals who contributed to our call for evidence and public consultation. In reviewing responses and determining the final content, we have retained a focus on the core principles for the new subjects. These principles are that the subjects should help keep children safe, help prepare them for the world in which they are growing up—including its laws—and help foster respect for others and for difference. The content included should be age appropriate and taught in a sensitive way, respecting the backgrounds and beliefs of pupils.

In developing the accompanying statutory guidance and required content for these subjects, we believe that we have struck the right balance between prescribing the core knowledge and allowing flexibility for schools to design a curriculum that is relevant to their pupils. Parents and carers are the prime teachers for children. Schools complement and reinforce this role by building on what pupils learn at home. That is why we have taken the decision to strengthen the requirement for schools to consult parents on their relationships and RSE policy by enshrining this in the regulations as well as the guidance. Schools must consult parents on their proposed policy and any subsequent reviews of it, enabling parents to have the time and opportunity to ask questions and share concerns. It is then for schools to decide a reasonable way forward. Ongoing dialogue is important. We recommend that this consultation be carried out annually and have set out in the draft statutory guidance good practice on parental involvement. We expect to share effective examples of parental consultation in our forthcoming supplementary guide.

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[Lord Agnew of Oulton]

My Lords, I am grateful for the many comments on these emotive issues, and will attempt to address them all. I have been asked to be as brief as possible, so I will have a balancing act to do.

I acknowledge the support of the noble Baroness, Lady Massey. She raised the question about the teaching of this in academies and free schools, and I reassure her that these regulations, if passed, will apply to all state schools in England. That is the biggest impact of this statutory instrument. Until now, academies have been asked to teach a broad and balanced curriculum but not specifically to cover the issues raised in this statutory instrument.

The noble Lord, Lord Storey, made a strong point in asking why other issues such as financial education are not included. We tried to give autonomy to schools in the way they construct their curriculums. We need to keep that under review, to be honest with you, but at the moment, this is how the system is working. On the very important issue of unregistered religious schools, it is important to say that it is an offence to run an unregistered independent school, and that we are clamping down on that. We have provided additional funding to Ofsted for inspections of those institutions where we discover them. I am happy to write with some more details on that.

The noble Baroness, Lady Deech, talked about potential hostility to teachers. We discussed that at the Front-Bench meeting earlier today. It is also worth saying that sex education is being taught in many schools at the moment—this is not a sudden change being imposed across the whole school system—but I completely accept her concerns. It will be a matter for schools to ensure that their teachers are properly supported, and we will keep this under close review.

The noble Baroness, Lady Meyer, asked about compatibility with the convention rights. The advice we have is that when laying the regulations for debate, the Secretary of State is expected to certify that in his view they are compatible with the convention rights; he would not have been able to do that with the regulations on the absolute right of the parent to withdraw. I will cover that issue a little later, as it has been raised by several other noble Lords.

The noble Baroness also mentioned the out-of-date Stranger Danger, believing that Clever Never Goes is a better training, something we will certainly take on board. Part of this process will very much be to learn what the best toolkit is to make available to schools as we roll the programme out.

The noble Lord, Lord Cashman, asked about education in issues such as HIV and sexual health. I can confirm that it will be part of the RSE curriculum at the secondary stage, and that it will continue.

The noble Lord, Lord Russell, asked about the quality of training—a subject that came up quite a lot—and the amount of money, on which the noble Lord, Lord Watson, finished. The £6 million is a small sum of money and is only for this current year, so we will bid in the spending review for additional resources. Turning to one of the points raised by my noble friend Lord Farmer, it is also important to stress that this money is very much for good digital resources. That is where we will point some of this money. A number of organisations are already producing some of this information: for example, the Catholic Education Service, the PSHE Association, and the Royal Foundation of The Duke and Duchess of Cambridge and The Duke and Duchess of Sussex. The information is starting to come out and the role of the department is to quality assure it, and to signpost the schools to the resources that we believe are best.

One issue raised in the Cross-Bench meeting earlier was an example of some inappropriate material that was being publicised. I can certainly commit that our department will be rigorous in ensuring that if that sort of thing occurs, we will not recommend it and will use whatever powers we have to make sure that it is not part of the system.

The noble Baroness, Lady Tyler, made a strong point about the regulations being named so as to refer to “Relationships and Sex Education”. As I mentioned earlier, we have been teaching sex education but, until now, often probably quite poorly. The whole point of this instrument is to put relationships at the heart of what we teach children, rather than teaching sex as a slightly disembodied and taboo subject. The two need to come together because, as the noble Lord, Lord Scriven, said at the end, it is about understanding the power of these relationships early on. They can otherwise lead to a great sense of isolation.

The right reverend Prelate the Bishop of Durham raised a number of points. He asked about determining the age-appropriateness of teaching the sex element of relationships and sex education, and the ability to separate the two. I cannot offer him a magic wand for how those two things are separated, but we start with the principle that healthy relationships are born out of more than just the sexual element. Schools will be able to determine that, and we are asking schools to make those decisions themselves because these are nuanced subjects. As I said in my opening comments, we will keep this area under review. We have said that we will review the regulations in three years but if urgent elements become apparent much sooner than that, we will of course look at them more quickly.

The right reverend Prelate also asked about Ofsted, which was raised by several other noble Lords. It has recently consulted on a new arrangement for school inspections but, while it will not be making a discrete judgment on the delivery of RSE, there will be a strong emphasis within the new inspection arrangements on schools ensuring that pupils access a broad and balanced curriculum. That will include the new requirements around these subjects and there will be a new judgment on pupils’ personal development, which is of course very relevant to these areas.

[Lord Elton]

My Lords, my noble friend may be coming to this again later, but I think that we need to have a progress report to the House in a year or two, or three, on how this is all working. I hope that he will take note of that and at least think about it with his colleagues.

[Lord Agnew of Oulton]

My noble friend makes a good point. I will certainly encourage the department to do that. We are all aware that this is a big change. As the noble Lord, Lord Watson, said, it is the first change in two decades. We are dealing with a whole new set of phenomena out there, in the shape of social media and the internet, which we are now starting to tackle head-on. It would be absolutely appropriate for us to review that, so I will certainly take that back to the department.

The noble Lord, Lord Curry, raised a number of points. I will start on sex education with what is covered in relationships education at secondary level and how we know what a child can be withdrawn from. This is at the core of the right-to-withdraw issue. I know that there is some concern from noble Lords about that right to withdraw, but it is absolutely clear that a parent has the right to withdraw other than in exceptional circumstances. My noble friend Lord Farmer was worried that we have not defined those circumstances, but it is extremely difficult to do so, because we are not dealing in a commercial world here. We are dealing with human beings and their emotions, and with different reactions to similar situations. I can assure noble Lords who are worried about the right to withdraw that the guidance is statutory. It cannot be ignored by schools; they must have regard to it and have a very good reason to set aside anything that is in the statutory guidance. Again, we have tried to strike that difficult balance to address the rights of the child and the rights of the parent. We are clear that parents remain the primary educators of children and we absolutely want to stick to that line.

The noble Lord, Lord Curry, also asked about religious groups. We have engaged with the whole spectrum of religious schools. It is of course worth remembering that we have at least 6,000 state-funded religious schools in this country and they have been a very important part of the stakeholder engagement. We have had strong support from the Catholic Education Service, the Church of England and the Board of Deputies. It has been a long process, but I believe we have got to a point where those groups are broadly happy.

The noble Lord, Lord Curry, was also concerned, as some other noble Lords were, about teachers expressing their own views. The noble Baroness, Lady Massey, made an insightful comment in her speech at the beginning about teaching alongside a nun, who obviously had strong views about sexual relationships but she acknowledged that it was still her duty as a teacher to provide an objective and unbiased education on those subjects. That is a very important point: all of us are prejudiced in some form or another, but when teachers are teaching, they have to put aside those personal views and try to give as unbiased an opinion as possible.

My noble and learned friend Lord Mackay raised some important and technical issues, and I will certainly not try to take him on in matters of law. Just to take one or two issues, regarding faith freedoms, in all schools when teaching these subjects the religious background of pupils must be taken into account. Schools with a religious character can build on the core content by reflecting their beliefs in their teaching. In developing these subjects, we have worked with a number of faith bodies, as I have just mentioned, and schools can also consider drawing on their own expertise when delivering those subjects.

My noble friend Lord Farmer was also concerned about the “exceptional circumstances”. I have tried to address that and am very happy to continue dialogue with him on it as we learn more about it. It is perhaps worth restating that a number of schools will start to teach this on a voluntary basis in September of this year. We already have about 1,000 schools which have signed up to the pilot; we expect that to increase and we will learn from their experiences in the process.

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[Lord Watson of Invergowrie]

I thank the Minister for that interesting description of the complaints procedure, but it was not the point that I raised. I was talking about the means available to parents of children who are in an academy as part of a multi-academy trust which has its own governing body. Often, the schools within that do not have their own board of governors or even a committee—call it what you like—to which individual parents can feed in. In the context of these regulations, if we are deciding what is taught in a particular school, that is important. If parents do not have that link—because it is perhaps a manager at the academy trust headquarters making the decision—it is a gap that needs to be filled.

[Lord Agnew of Oulton]

I am certainly happy to write to the noble Lord to clarify that, but I reassure him that each academy school will have a governing body. There may be some instances where a governing body operates over two or three schools if they are small schools, and they may be called academy councils rather than governing bodies, but there is a representative body beneath the academy board—there may be instances that I do not know about, but I would be very surprised. To link back to my opening comments, academies as well as local authority schools will be required to consult parents in their construction of these curricula.

The noble Lord raised the budget issue. I understand that £250 a school sounds somewhat derisory. We will be looking at training for newly qualified teachers and at how we can provide more training as part of that preparation for teaching. We will of course keep a weather eye on the quality of the online materials made available and will gain experience from the pathfinder schools that start teaching this from September this year.

I believe that we all share an ambition to ensure that our children and young people have the knowledge to help keep themselves safe, to be prepared for the world in which they are growing up and to respect others and difference. These regulations give us the opportunity to build a consistent foundation across all schools so that children and young people have the knowledge they need to manage their academic, personal and social lives in a positive way. For the reasons that I have set out, I commend the regulations to the House.

Motion agreed.

Schools: Modern Languages

Lord Agnew of Oulton Excerpts

Tuesday 9th April 2019 Lords Chamber

[Lord Sherbourne of Didsbury]

To ask Her Majesty’s Government what progress they have made in ensuring that more pupils study modern languages in primary and secondary schools.

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

My Lords, the take-up of modern foreign languages at GCSE is too low. While the percentage of those studying an MFL GCSE has increased from 40% in 2010 to 46% last year, more needs to be done. To this end we have, among a number of initiatives, created nine MFL hubs and have worked closely with Ofsted on its proposed new inspection framework. This has increased focus on the EBacc curriculum, which includes languages.

[Lord Sherbourne of Didsbury (Con)]

I share my noble friend’s concern. The latest survey I have seen shows that half the schools in England and Wales have dropped A-level courses in modern languages. Part of the problem is that our universities are not turning out enough graduates who can teach modern languages, and that is because universities themselves are dropping degree courses in modern languages. What are we doing about that?

[Lord Agnew of Oulton]

My noble friend is right; however, noble Lords will remember that we in this House passed the Higher Education and Research Act 2017. We have a market-driven higher education system where student choices drive demand. The role of government is to create the right conditions for providers to respond to economic and strategic priorities. To this end, universities need to do more to explain the longitudinal earnings outcomes of language degrees. For example, in a study that my department released in June of last year, language students at the median point, five years after graduation, earned more than those studying law, physical sciences or biological sciences. That sort of awareness needs to get out to potential undergraduates.

[Lord Bassam of Brighton (Lab)]

My Lords, with Ofqual figures showing a drop of 7.3% in students taking foreign languages at GCSE and A-level, I invite the Minister to join me in congratulating our European partners, whose Governments are directly funding the teaching of Italian, German, French and Spanish in our primary schools. Will he tell the House what plans the Government have to encourage that continued economically viable support and commitment post Brexit, so that we can compete more easily in the global economy? Does he appreciate the irony of our seeking to leave Europe while our European partners are funding school posts at a time when we are cutting them?

[Lord Agnew of Oulton]

My Lords, I think the irony has to lie with the noble Lord opposite, because in 2004 the Labour Government removed the compulsory requirement for modern foreign languages at GCSE. It collapsed from 70% participation to 40% in 2010 and we have clawed it back to 46%. That is not enough, I absolutely accept that, and I give full commendation to the Italian Government who are helping with Italian in this country. The Goethe Institute is also helping with German and we have announced our own scheme, which has been running for three years with the Spanish Government, whereby we bring over young Spanish undergraduates to work in our schools.

[Baroness Coussins (CB)]

My Lords, is the Minister aware that an estimated 35% of our MFL teachers are non-UK EU nationals, and that even if every single one of our students now doing languages at university went into teaching, the shortage of MFL teachers would still not be met? Will he therefore ensure that the shortage occupations list is amended when the new skills-based immigration rules are introduced, so that the list includes teachers of French, German and Spanish as well as Mandarin teachers, who are the only ones on that list at the moment?

[Lord Agnew of Oulton]

The noble Baroness makes a very good point, and I will certainly take that recommendation back to my department and the Home Office. The noble Baroness mentioned the Mandarin programme, which we began in September 2016. It started with 23 schools; we are now up to 64.

[Lord Storey (LD)]

My Lords, has the Minister seen the survey carried out by the British Council last year, which found that a third of our state schools were not teaching whole classes of modern languages, particularly in year nine? The majority of these schools were academies. Is it not true that academies do not have to follow the national curriculum? Will he consider ensuring that academies and free schools have to teach modern languages as well?

[Lord Agnew of Oulton]

The noble Lord makes a valid point. He is correct in saying that academies are not obliged to follow the national curriculum, but we insist on a broad and balanced curriculum. The Ofsted changes to their framework will put much more emphasis on the EBacc, as I mentioned in my opening remarks, which includes modern foreign languages.

[Lord Kirkhope of Harrogate (Con)]

My Lords, I am not a fuddy-duddy, but, while I appreciate and support more modern foreign languages being taught, does my noble friend not agree that the standard of English, particularly its grammar, in our schools and universities is now at its lowest level for a long time? Would he not agree therefore that we perhaps also ought to encourage the study of the classical languages, such as Latin, which helps all students understand English grammar better?

[Lord Agnew of Oulton]

My noble friend is right; I do not think he is being a fuddy-duddy at all. We have seen a degradation in grammar; I am a martinet in the department when I receive poorly written subs—I send them straight back. I commend to the House the small charity Classics for All, which is doing as my noble friend suggested—taking Latin into areas of deprivation. I have a few references to it here which might hearten him:

“What I hadn’t expected when I started teaching Latin classes here was the students’ sheer joy of learning Latin for its intrinsic beauty and the excitement of etymology! Students actually love declining and conjugating. They see a beauty in the language of ancient poets and warriors”.


Even a child, Mohammed, said:

“I just love it. It’s just fun”.


I did not have the same experience when I was learning Latin.

[Baroness McIntosh of Hudnall (Lab)]

My Lords, does the Minister agree with me that large numbers of children in our schools came into them as non-English speakers. They have learned to speak English, are in fact bilingual or sometimes trilingual, and are generally regarded within the education system as a problem rather than as the resource they actually represent. Can he say in what way the Government are encouraging schools to recognise children who have other languages already available and to use the resource they represent creatively?

[Lord Agnew of Oulton]

I reassure the noble Baroness that multilingual children are not seen as a problem from my experience in the number of schools I took over—indeed, one of the last free schools I created in Norwich had over 19 languages. It brings enormous diversity and opens the minds of children from different backgrounds. I do not think it is a problem. We have just created a small pilot with Cardiff University to trial MFL undergraduate mentoring in secondary schools to see whether they can be effective in the teaching of modern foreign languages.

Schools: Staffing

Lord Agnew of Oulton Excerpts

Thursday 4th April 2019 Lords Chamber

[Lord Watson of Invergowrie]

To ask Her Majesty’s Government what assessment they have made of the decision by some teachers to take a 20 per cent pay cut in order to prevent staff redundancies in their schools.

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

My Lords, it is for schools to make their own decisions about investing their funding and their staffing. The department publishes pay ranges and all maintained schools must follow these in setting pay. Although there is more money going into our schools than ever before, we recognise that there are some budgeting challenges. That is why we have introduced a wide range of practical support to help schools and local authorities economise on non-staff costs.

[Lord Watson of Invergowrie (Lab)]

My Lords, I thank the Minister for that reply, but it is the usual mantra about more funding going into schools. That is, frankly, sophistry, because 91% of schools have suffered real-terms cuts in per-pupil funding since 2015. My question highlights just one example of school budgets being stretched beyond breaking point, leading to situations where parents are asked to buy essential items such as books and stationery. Some schools now close on Friday lunchtimes to save money. Is it not a disgrace that, in one of the richest economies in the world, head teachers are forced to beg for funding in some situations? The very principle of free education is being undermined by Conservative cuts to our schools. The Government’s latest school workforce statistics show that, in 2017, there were 137,000 more pupils in England’s schools, yet there were 5,400 fewer teachers and 2,800 fewer teaching assistants. How can the Minister possibly justify that?

[Lord Agnew of Oulton]

My Lords, I think that the school which has come to the noble Lord’s attention is Furzedown School in Wandsworth. The challenge which that school faces is declining pupil numbers. They have declined every year for five years, which is why it needs to keep an eye on its staffing levels. That is its problem. It is a well-funded school, receiving £4,900 per pupil, which is well above the national average of £4,166. On the bigger point of overall funding, the IFS has said, independently, that per-pupil funding for five to 16 year-olds by 2020 will be 50% higher than it was in 2000.

[Lord Storey (LD)]

My Lords, the noble Lord, Lord Watson, said “91%”; it is 91% of schools that have had their per-pupil funding cut across England. To have staff taking cuts in their salaries; to close schools on a Friday; to have so-called cost cutters going into schools and suggesting that school lunch portions are reduced in size; that is no way to run an education service. Does the Minister deny that there has been a reduction in funding in 91% of our schools? Since 2015, my home city of Liverpool has lost £48 million to our schools.

[Lord Agnew of Oulton]

My Lords, as I said in answer to the Question, funding is going up. It does not help the debate to follow scurrilous articles about food portions. That school was throwing away a large quantity of food. No parent wants to see that happen. It is a huge environmental waste. It was highlighted simply as an area of inefficiency. As a Schools Minister, no one wants more funding into the system than me, but I want that system to be well run so that the money goes to the front line. Noble Lords will have seen the story in the press the other day about the Tolworth Girls’ School, where the head teacher claimed that she was so badly funded that she had to clean the lavatories herself. What she did not tell you was that she took an 8% pay rise, taking her to between £125,000 and £130,000, and increased the cleaning budget by nearly 90%.

[Baroness Massey of Darwen (Lab)]

My Lords, the Government speak a lot about the importance of social mobility for pupils. Does the Minister not think that this is an appalling situation for dedicated professionals to be in, taking salary cuts and doing all they have to do to keep schools running? Are the Government speaking to teachers’ and head teachers’ unions about this situation? If so, what is the response?

[Lord Agnew of Oulton]

My Lords, last year we increased the main scale pay rate for teachers by the largest amount in nearly 10 years. Teachers are well paid, and deservedly so. This year, we are increasing the contribution to their pensions by some 43%, one of the largest increases in any pension contribution in the country.

[Baroness Hayman (CB)]

My Lords, it is very difficult for those of us who are not experts in the subject to gather from the interchanges that have taken place the actual position of per-pupil funding in schools. I would therefore be very grateful if the Minister would tell me whether the assertions that have been made about per-pupil funding in schools are correct or not.

[Lord Agnew of Oulton]

My Lords, the noble Baroness is right: it is complicated, and that is why we introduced the national funding formula, which put another £1.3 billion into the system. Since 2017, we have given every local authority more money for every pupil in every school, while allocating the biggest increases to schools that have historically been the most underfunded. There are 43 local authorities that between 2017-18 and 2019-20 have seen a 4% or greater increase per pupil.

[Lord Harris of Haringey (Lab)]

So what exactly is the change in per-pupil funding?

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[Lord Agnew of Oulton]

Because we inherited a very great—

[Noble Lords]

Oh!

[Lord Agnew of Oulton]

The average per-pupil funding is as I gave in an earlier answer: around £4,100 per pupil. On top of that we add pupil premium, which is some £12 billion we have put into the system for the most disadvantaged children, as mentioned by the noble Baroness earlier. The funding is good; I would like to see more but I want to see it go to the front line where children will benefit.

Special Educational Needs

Lord Agnew of Oulton Excerpts

Tuesday 26th March 2019 Lords Chamber

[Lord Addington (LD)]

My Lords, I beg leave to ask the Question standing in my name on the Order Paper. I remind the House of my declared interests.

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

My Lords, local authorities are required to carry out any tribunal orders within specified time periods. Data is not collected to demonstrate compliance. However, all local authorities are subject to local area inspections. Children and young people continue to receive support during tribunal appeals. A local authority cannot cease an EHC plan for any young person under 18 unless it determines that it is no longer necessary for special educational provision to be made in accordance with an EHC plan.

[Lord Addington]

I thank the Minister for that reply. However, often it takes people years to get to the process of making an appeal. According to the British Dyslexia Association, if you do not have a lawyer it can then take up to three years to get through, but much less time if you have a lawyer supporting you. How have we got to the situation where the basic government support is available for those who have lawyers and are capable of handling the system? What chance does a dyslexic child with a dyslexic parent stand?

[Lord Agnew of Oulton]

My Lords, it is important to stress that about only 1.5% of all EHC plans are appealed to tribunal. Of those who decide to appeal, 60% fall away and do not go to tribunal, because their issues are resolved. The other important point is that if a local authority loses a tribunal case, it is not because it has lost the whole case; it is just that the tribunal has taken against one element of the case. That is not commonly understood.

[Lord Blunkett (Lab)]

My Lords, there is no doubt that there is a serious problem across the country. Has the Minister had a chance to talk to the Secretary of State and his colleagues about holding a round table with local authorities and other stakeholders to try to get to the bottom of the disparity between areas of the country where this is working well and those where it is working extraordinarily badly?

[Lord Agnew of Oulton]

I certainly take the noble Lord’s suggestion on board and will recommend that to my right honourable friend the Secretary of State, because we are in a learning period. This is a new and fundamental change to the way that the process is handled. Again, I reassure noble Lords that the process is not dramatically worse than it used to be. It is a huge change. One reason for increasing the number of appeals was that in April last year we extended the scope of tribunals to include health—until then, only education was covered. Before the new regime came into place, between 2008 and 2014 the number of tribunal cases went up every year, except for one year when it dipped by just five.

[Lord Watts (Lab)]

My Lords, the Government seem to be taking comfort from the fact that the majority of appeals are dealt with, but the Question was about the minority who wait up to three years. Should we not address that straightaway?

[Lord Agnew of Oulton]

My Lords, as I said in my Answer, the local authority cannot withdraw support during an appeal period.

[Lord Touhig (Lab)]

My Lords, the Minister said that compliance data is not collected. Why? Nothing will improve unless the data is collected.

[Lord Agnew of Oulton]

My Lords, when these reforms came in, we initiated local area inspections. The noble Lord may be aware that we carried out a number of these in combination with Ofsted and the Care Quality Commission. They are shining a light on both good and bad practice in the sector and, where a poor inspection result comes up, they are asked to provide a written plan for correction. That is how we are gradually improving the system.

[Lord Storey (LD)]

My Lords, the Minister may be aware that we are also seeing a rise in legal services offering a no-win no-fee system for parents wishing to appeal. That is likely to add further pressure to already hard-pressed local authority budgets. Actually, when all the costs of one case are taken into account, it can cost up to £80,000. Given that it costs only about £3,500 to train a specialist teacher, does the Minister agree that we should try to prevent this no-win no-fee system from taking off?

[Lord Agnew of Oulton]

I certainly support the noble Lord’s suggestion and will take that back to the department. I see no benefit in ambulance chasers benefiting from these cases. It is also worth pointing out that we support the charity Independent Parental Special Education Advice, which provides advice to parents going through the tribunal process. There is no absolute need to use lawyers, which is why IPSEA is an important path for parents to consider.

[The Lord Bishop of Ely]

My Lords, I understand that the purpose of the 2014 set of reforms was to ensure a holistic approach by health, education and social care services in the support of children with special needs and of their families. But when appeals take place, I understand that it is not uncommon for social care services to say that they do not know the child. Are the Government ensuring proactive co-operation between health, social care and education services in supporting such children and their parents?

[Lord Agnew of Oulton]

To reassure the right reverend Prelate, I can say that we are learning from the process. I mentioned earlier the area inspections being carried out. Indeed, a number of inspection reports have required improvements. I shall give a recent example: Rochdale was inspected and asked to provide a written statement of action only in January. An update report showed improvements including educational outcomes, timeliness of response to children and young people, and promotion of understanding of services provided by the LA to those with SEN.

[Lord Forsyth of Drumlean (Con)]

My Lords, I declare an interest: I have a grandson affected by this. Will my noble friend take account of what the noble Lord, Lord Addington, said? I think that I am reasonably sophisticated in dealing with complicated issues, but what is going on here is a rationing of resources. It takes ages for people to get an assessment. If you can afford to pay, you can get a private assessment. If you can work your way through the system, you eventually get a result, which I am pleased to say we got. But people who do not have the resources or the experience and ability to work the system are completely shut out. That is what my noble friend needs to look at.

[Lord Agnew of Oulton]

My Lords, we have consistently increased funding to the high-needs block and in December last year announced an additional £250 million for high-needs funding. I understand and accept that there is demand here, but we are listening and improving the system all the time.

Knife Crime: First Aid in Schools

Lord Agnew of Oulton Excerpts

Wednesday 13th March 2019 Lords Chamber

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

My Lords, we know that first aid saves lives. That is why life-saving skills are part of health education, which we are introducing in all state-funded schools. Pupils will be taught first aid, how to make efficient calls to the emergency services and, in secondary schools, CPR. We are also introducing relationships education in all schools. That will help pupils to form and maintain healthy relationships, manage conflict and get help when it is needed.

[Lord Watson of Invergowrie (Lab)]

I thank the Minister for that reply. Children are learning in school how to deliver first aid to knife crime victims because they increasingly find themselves affected by violence. I commend the important work being done in schools by the charity StreetDoctors. Last week, the Prime Minister denied that there was a direct link between reduced police numbers in communities and increased knife crime and, although that was widely refuted, not least by the Metropolitan Police Commissioner, many usually linked causes contribute to knife crime. One of them is permanent exclusions from school, which have risen sharply in recent years; there is a shortage of registered provision for excluded children, some of whom are thus unsupervised. Exclusions are a necessary and important sanction, but does the Minister agree that it is not acceptable or indeed legal to exclude without due regard for the impact on and risks to the child being excluded?

[Lord Agnew of Oulton]

My Lords, the noble Lord raises a very important point on exclusion. It is always a last resort to use a permanent exclusion for a pupil. Just to give some context, the percentage of permanent exclusions last year was actually less than it was 10 years ago. In 2006-07, it was 0.12% and last year it was 0.10%, so we need to keep that in perspective. We are pretty confident that there is no causal link between permanent exclusions and knife crime. However, we are alert to the need to provide better specialist provision for children who are permanently excluded. That is why we announced a number of initiatives in October, including an extra £100 million in capital for special provision for schools.

[Lord Storey (LD)]

My Lords, it is sad that the noble Lord, Lord Watson, had to ask this Question, but the bigger question is why young people are being stabbed. After a decade of austerity, we have seen youth services decimated in our towns and cities and positive activities for young people are almost gone. What will Her Majesty’s Government do about knife crime, not in terms of the narrow criminal issues but in terms of creating healthy community activities?

[Lord Agnew of Oulton]

My Lords, the noble Lord is absolutely right that the causes of knife crime are complicated. We must be honest about not fully understanding them. I accept that austerity is one reason offered, but I am not certainly convinced. We have done a number of things to support young people in terms of ensuring that they have a good education. One priority of the Secretary of State is what he calls the five foundations of character—sport, creativity, performing, volunteering membership and the world of work. I commend to noble Lords a particular initiative that I am always keen to promote called OnSide Youth Zones. Nine of these are now open and six more are planned, mostly in London. They provide an avenue for young people between what are considered the danger hours after leaving school at around 4 pm until 6 pm.

[Lord Lexden (Con)]

My Lords, is my noble friend satisfied that the police are liaising closely enough with schools as and when the need arises? Are the Government making more resources available to the police generally to help combat this terrible scourge?

[Lord Agnew of Oulton]

My noble friend asks a good question. In fact, about a month ago, I wrote to the head of Counter Terrorism Command in London to broker a meeting between him and some heads in London so that schools and police work together. We have introduced a number of initiatives over the past couple of years to support these areas. For example, the Big Lottery Fund invested £80 million towards the #iwill fund and £40 million to the Youth Investment Fund. In addition, in October this year, we announced the new £200 million Youth Endowment Fund to provide support over the next 10 years for young people most at risk of serious violence.

[Lord Laming (CB)]

Does the Minister agree that the reduction in funding for local government of more than 30% during the austerity programme has resulted in all the preventive services being clawed back, and in those services being crisis driven? This has resulted in young people not having the alternative support services that we had become used to providing.

[Lord Agnew of Oulton]

My Lords, I do not think that is the case. I mention two initiatives that we have introduced in the past couple of years. In terms of education, we are reforming training through the early education framework to make teachers more aware of how to effectively manage behaviour. We have recently changed the guidelines on keeping children safe in education, which again involves training and alerting teachers to be more aware of emotional problems that might arise in children. There is great need for wider awareness.

[Baroness McIntosh of Hudnall (Lab)]

My Lords, the House might have been surprised to hear the noble Lord say with such confidence that there was no causal link between permanent exclusion and knife crime. Does he at least accept that there is a correlation between permanent exclusion and involvement in various kinds of criminality, including knife crime, and that one of the reasons why this is serious is because the alternatives to conventional schooling for those who have been permanently excluded are far from adequate and need serious review?

[Lord Agnew of Oulton]

My Lords, as I said in reply to an earlier question, we are conscious that specialist provision for children who are permanently excluded needs to be improved. I completely accept that, which is why we have introduced additional funding. We are encouraging local authorities to bid for specialist additional-provision free schools to ensure that that provision is available.

[Lord Roberts of Llandudno (LD)]

Does the Minister not think that knife crime and so on goes beyond the police? It goes to communities, as mentioned earlier. The communities that we used to belong to when we were young and the organisations are no longer there. Youth clubs have closed in many places and youngsters are looking for alternative ways of acting together. Is it not time that the Government paid much more attention to trying to build our communities, not only in the countryside where we are losing them, but in the cities?

[Lord Agnew of Oulton]

The noble Lord is right to say that this is an entire community endeavour; it is not down to just the police or schools. I refer him to a recent report published by Action on Violence, which looks at the case study in Scotland. The noble Lord, Lord Watson, will be interested in it. A decade ago, Glasgow was considered the murder capital of Europe but now knife crime in Scotland is at a 42-year low. That has been approached through treating it as a public health issue, which meant that the police, social, health and school sectors all worked together. It clearly has worked.

Schools: Swimming and Life-saving Skills

Lord Agnew of Oulton Excerpts

Wednesday 6th March 2019 Lords Chamber

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

My Lords, I am pleased to answer this Question for Short Debate, and thank the noble Lord for raising the important issue of swimming and life-saving skills in schools. Swimming is a vital life-saving skill. This is why pupils are taught to swim and about water safety at primary school. I am delighted to be able to update the House today on the work the Government are doing to improve swimming and water safety skills in schools. Being able to swim and learn about water safety, including the dangers of open water swimming and cold water shock, can prevent accidents and drowning fatalities.

The noble Lord, Lord Addington, asked how many sports are impacted by one’s ability to swim. It opens up opportunities to participate in a wide range of water-based activities, such as canoeing, rowing and sailing. I cannot get to the figure of 20 that he mentioned, but he is correct that it impacts on many opportunities, which is why all pupils should have the opportunity to learn to swim.

The Government support the view of the noble Lord, Lord Storey, that no child should leave primary school unable to meet a minimum standard of capability and confidence in swimming. This is reflected in the national curriculum, which includes swimming and water safety as compulsory elements at primary level. It also provides a frame of reference for academies in deciding what to offer as part of the broad and balanced curriculum. We know that too many pupils leave primary school unable to meet those expectations. We are working closely with colleagues in government and the sport and education sectors to raise attainment.

In 2015 the Government asked the Swim Group to submit an independent report setting out recommendations for improving curriculum swimming as part of the Sporting Future strategy. The Swim Group includes representatives from across the swimming and education sectors. The report demonstrated the need to do more to support schools in delivering swimming and water safety lessons to all pupils.

The noble Lord, Lord Watson, asked about progress in implementing the recommendations. To date we have implemented four of them. Sport England is also updating its facilities guidance for local authorities. We have increased the flexibility of pupil premium funding, and we are including a communications strategy, which was recommended, for educational stakeholders. For secondary schools we are also including an updated communications strategy. We took the recommendations very seriously, and we are endeavouring to implement as many as possible.

All primary schools in receipt of PE and sport premium, including academies, have to report on how many of their pupils meet the swimming expectations. We have increased support for schools to use their PE and sport premium to increase training and provide additional top-up swimming lessons. New free guidance is available from the Swim England website, which covers everything schools need to know about how to provide high-quality swimming and water safety lessons to all pupils.

We have worked with the Independent Schools Council to encourage meaningful partnerships between independent schools and their local state primaries. For example, Cheltenham Ladies’ College is working with local partners to provide additional swimming lessons to pupils not able to swim after being taught swimming in their core PE lessons.

The noble Lord, Lord Addington, asked about SEND pupils. We agree that it is most important that all pupils have the ability to learn to swim. The Swim Group reported that not all pupils with SEND have access to swimming and water safety lessons in school. More work needs to be done to understand the current provision, and any barriers to inclusive lessons. We have funded a project to help address this issue—the Youth Sport Trust-led Inclusion 2020 project has identified five local areas to form partnerships to improve swimming and water safety: Durham, Dorset, Milton Keynes, Northamptonshire and West Yorkshire. We will review the evaluation of these local innovation partnerships when it is available in 2020.

The noble Lord, Lord Addington also asked about the resources available for swimming generally, and I can reassure him that, again, there is a lot going on. Sport England is working with nearly 100 local authorities that have plans for additional swimming pool provision. Since 2012 it has invested £67 million in 46 local authority facilities to include pools, which results in about £700 million in investment from those authorities.

We will continue to build on this work across government, working with and supporting schools, county sports partnerships, and swimming and water safety bodies and charities. We are working with Swim England to publish online videos that will support teachers in assessing pupils’ swimming capabilities. These will be available to all schools this spring. Our swimming and water safety communications activity will focus on supporting a water safety awareness week. This addresses part of the question asked by the noble Lord, Lord Addington, about highlighting the dangers of being around water. The awareness week will include information on that subject, and a new guidance pack for parents on school swimming and water safety will be published on the Swim England website by the end of March, including information on how to be safe in and around water.

The noble Lord, Lord Storey, asked some related questions—and one in particular, about drowning following excessive intake of alcohol. The noble Lord is right to highlight this as an important subject. Issues around alcohol will make up part of the health education taught in schools. Combating alcohol-related drowning is a priority for partners such as the Royal Life Saving Society, with its national campaign, “Don’t Drink and Drown”. This campaign reaches out to universities and warns drinkers to steer clear of walking by or entering water when under the influence of alcohol.

The noble Lord, Lord Storey, also asked about the collection of data on drowning. The collection of data on water-related incidents is an important part of reducing the number of deaths by drowning. I welcome the collaboration on data collection through the water incident database, but I will raise the issue with the Department for Transport, which has the overall responsibility for water safety.

County sports partnerships review schools’ reporting of the use of their PE and sport premium and this year we will be looking at those reports in more detail. We will be launching a school sports action plan in the spring of this year. It will have at its heart how sport can assist in the development of character and well-being in pupils. Swim England is involved in its capacity as a national governing body of sport.

My noble friend Lord Dunlop raised several questions. On the sharing of experiences between English and Scottish schools on swimming, Swim England is working closely with Swim Scotland and other swimming national governing bodies. They are sharing the outcomes of the Swim Group report and the government actions to support these national governing bodies to work with their own Governments.

My noble friend asked about data. The Active Lives Children and Young People Survey will provide annual data on swimming following findings on school swimming and water safety in the December 2018 publication of the survey. These annual findings will give us robust information on the swimming and water safety skills of pupils. We have also changed the reporting for primary schools to ensure that the mandatory requirement to report the use of the premium on their school website includes a requirement to publish information on their pupils’ swimming and water safety ability.

Lastly, my noble friend asked whether the picture is changing. Sports England’s Active Lives Children and Young People Survey collected data on more than 100,000 pupils and reported its first findings in December last year. Seventy-seven per cent of year 7 pupils reported being able to swim the 25 metre unaided requirement in that survey.

Life-saving teaching in schools also relates to work that the Government are doing in health education. We are making health education compulsory in all state-funded schools in England and voluntary teaching will begin in September of this year. In doing this we have responded to the sustained calls for mandatory first aid in schools so that pupils can have the access they need to knowledge about life-saving and first-aid skills.

The noble Lord, Lord Storey, asked about the teaching of water safety and rightly highlighted the importance of learning about it. Our guidance on health education encourages schools to look for opportunities to draw links between subjects and integrate teaching where appropriate. There will be an opportunity for schools to bring together what they teach in life-saving with their swimming lessons. The new water safety guidance pack can help them to do that more effectively.

We have proposed in the updated draft statutory guidance that health education will include first-aid and life-saving skills in core content for the first time. This will support whole school approaches to fostering pupil well-being and developing pupils’ resilience and ability to self-regulate. We encourage teachers to draw upon high-quality resources in the classroom, including guidance on first aid and emergencies from the British Red Cross, St John Ambulance and the British Heart Foundation.

As such, health education should complement what is already taught and develop pupils’ core knowledge and broad understanding to enable them to lead healthy, active lives. It will be up to schools to decide whether and how to build on the core swimming expectations in the context of their wider health education provision.

The debate we have had today has highlighted how important swimming and life-saving skills are.

[Lord Watson of Invergowrie]

The Minister has answered a considerable number of questions but he has not answered one of mine in relation to the funding that supports the announcement in October last year of additional support for schools. The figure of £300 million in the PE and sport premium was mentioned. My question was whether the activities announced in October 2018 are to be paid for through that—and, if so, how much—or is it to be new resources from the DfE?

[Lord Agnew of Oulton]

Apologies to the noble Lord; I omitted that in my reply. Extra help for schools was announced on 18 October but there was no new funding specifically for school swimming. However, we have encouraged use of the £320-million PE and sport fund, from which all primary schools receive each year to support school swimming and water safety. This works out on average at about £18,000 per single-form-of-entry primary available for sports activity. More broadly, as part of the 2012 Olympic legacy, we have invested nearly £1 billion in sport in aggregate since then.

This debate has highlighted how important swimming and life-saving skills are, and the role that schools can play in teaching them. I hope that the range of actions I have set out demonstrate just how seriously the Government take the ambition that all pupils ought to leave primary school being able to swim, and that the new health education requirements can help to build on that. I hope all noble Lords will join me in doing all we can to make sure that schools are aware of the support and take advantage of it.

House adjourned at 9.50 pm.

Social Mobility: Regional Attainment Gap

Lord Agnew of Oulton Excerpts

Tuesday 26th February 2019 Lords Chamber

[Baroness Tyler of Enfield (LD)]

My Lords, I beg leave to ask the Question standing in my name on the Order Paper, and declare an interest as co-chair of the APPG on Social Mobility.

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

My Lords, the Government welcome the report, and its focus on the attainment gap between disadvantaged pupils and their peers. The gap has narrowed by around 9.5% since 2011. We continue to prioritise social mobility by investing on average £2.4 billion a year in the pupil premium to support the most disadvantaged pupils. We are targeting extra support on areas facing low educational outcomes, particularly through the opportunity area and Opportunity North East programmes.

[Baroness Tyler of Enfield]

I thank the Minister for his Answer. The APPG report paints a stark picture of the regional attainment gap between pupils from disadvantaged backgrounds and their more affluent counterparts, and shows how areas of low social mobility will worsen unless action is taken. The report recommends redesigning the pupil premium as a social mobility premium, which schools could use to spend on extra pay or other forms of support for teachers in deprived areas. What steps are the Government going to take in these areas?

[Lord Agnew of Oulton]

My Lords, I first acknowledge the tireless work that the noble Baroness does in this incredibly important area of social mobility. To answer her specific question, the funding provided through the pupil premium means that there is funding available to support local priorities such as recruitment, retention and development of teachers. Further to this, we recently published the teacher recruitment and retention strategy, which reiterates our ambition to shift incentives so that more good teachers work in schools with more disadvantaged intakes.

[Baroness Afshar (CB)]

My Lords, what measures have the Government taken specifically to deal with the needs of minority pupils and minority communities, where young girls and women, in particular, are discriminated against at will? Are there specific measures that would deal with this problem?

[Lord Agnew of Oulton]

My Lords, all our efforts around social mobility are aimed at helping all those who are not getting a fair crack of the whip. We have 12 opportunity areas operating at the moment and, just to take the case study of Derby, where money is being specifically targeted to help children who are struggling to read or have English as an additional language, we are already seeing improvements at key stages 1 and 2. Things are improving faster in Derby than nationally.

[Lord Storey (LD)]

My Lords, may I raise another issue from the report? It highlights the problem of teacher retention, and teachers feeling that their professional status is not being invested in. Across the OECD the average amount of time spent on high-quality continuing professional development is about 50 hours; in the UK it is half that. Have the Government any plans to increase the availability of continuing professional development?

[Lord Agnew of Oulton]

My Lords, we have recently announced the recruitment and retention strategy, and I agree with the noble Lord that retention is probably the greater priority, because it is a terrible waste when good young teachers leave the profession. We have put much more focus on ongoing CPD for teachers, particularly in the second year, reducing their teaching load so that they have more time for support. We have announced a £30 million investment in tailored support for certain schools with recruitment and retention challenges, which is designed to help schools improve existing plans, join national programmes, build local partnerships or fund new initiatives.

[Lord Wills (Lab)]

My Lords, what specific measures are the Government taking to increase the low number of care leavers going into higher education?

[Lord Agnew of Oulton]

My Lords, in addition to the pupil premium we also have an enhanced pupil premium specifically aimed at that most vulnerable group. One of my personal missions has been to increase the opportunities for care leavers to attend boarding schools, where, according to a small study in Norfolk, their educational outcomes showed a dramatic improvement.

[Baroness Bull (CB)]

My Lords, the report also draws attention to the importance of and lack of funding for early years education and centres. The Government’s 2017 report, Unlocking Talent, Fulfilling Potential, indicated that in areas of high deprivation between 40% and 60% of children arrive at school when they are not what is classified as school ready. What are the Government doing to address this lack of funding for early years education?

[Lord Agnew of Oulton]

My Lords, we are investing more in child care support than any other Government—around £6 billion for the year 2019-20. This includes funding for our free early education entitlements, on which we plan to spend £3.5 billion this year alone. The noble Baroness will also be aware of the great efforts we are making around phonics, which are leading to a dramatic improvement for young people. Some 163,000 young children are now able to read at a higher level; that is more than the population of Norwich.

[Lord Foulkes of Cumnock (Lab Co-op)]

Can the Minister investigate how this country is being held to ransom by a number of dangerous former pupils of a school called Eton College?

[Lord Agnew of Oulton]

I get the sense that the noble Lord does not approve of that great institution—but even his party has had many leaders from it.

[Lord Beecham (Lab)]

My Lords, disadvantaged pupils in the north-east have the lowest scores in the country. Would the Minister or other members of the department be prepared to discuss the situation in the north-east with local authorities in that region? Again, I refer to my local government interests.

[Lord Agnew of Oulton]

My Lords, I am pleased to be able to tell the House about Opportunity North East, a programme launched in that area specifically to address underperformance. We have five priorities: addressing the progress—or lack of progress for some children—between primary and secondary, improving secondary outcomes, helping schools attract and retain great teachers, improving pathways into great careers, and likewise on to higher education. I chair the board that is running this work and we are bringing together universities, employers, LEPs, local authorities and academies in that area specifically to address the noble Lord’s concerns.

Relationships Education, Relationships and Sex Education, and Health Education

Lord Agnew of Oulton Excerpts

Monday 25th February 2019 Lords Chamber

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

My Lords, with the leave of the House I will repeat a Statement made in the other place earlier today by my right honourable friend the Secretary of State for Education. The Statement is as follows:

“With permission, Mr Speaker, I would like to make a Statement to update the House on the Government’s proposals for the draft regulations and guidance for relationships education, relationships and sex education, and health education, following public consultation. It is 19 years since the sex and relationships guidance was last updated. The world that our children and young people face today is very different; how they build relationships, interact with their peers and manage their own mental and physical well-being has changed significantly. Along with all the positives of modern technology and new media come great risks, as children and young people are exposed to information, content and people that could and do cause harm. There is little distinction for many young people between their online and offline lives. That why I believe that, now more than ever, we need to provide young people with the knowledge they need in every context to lead safe, happy and healthy lives.

During the passage of the Children and Social Work Act 2017, with strong cross-party support, the Government brought about the introduction of compulsory relationships education for all pupils in primary schools and compulsory relationships and sex education for all pupils in secondary schools. In July I announced that in addition to this I would be making health education compulsory for all pupils in state-funded schools. Thanks and appreciation are due in particular to my right honourable friend for Putney for her leadership through these historic steps, my right honourable friend for Basingstoke and many others across the House, including the honourable Member for Rotherham. My sincere thanks also go to all the external groups and bodies that have contributed to this process, to the tens of thousands who contributed in the call for evidence and consultation and, particularly, to our education adviser, Ian Bauckham CBE. Today we have laid the regulations that, following debate, will finalise this process, as well as publishing the accompanying statutory guidance for schools.

It is clear—this was reflected in the consultation responses—that there are understandable and legitimate areas of contention. In reviewing responses and determining the final content of regulations and guidance, we have retained a focus on the core principles for the new subjects that Parliament endorsed through the Children and Social Work Act. Our guiding principles have been that these compulsory subjects should help to keep children safe; help to prepare them for the world in which they are growing up, including its laws that relate to relationships, sex and health; and to help to foster respect for others and for difference. Content must be age-appropriate and developmentally appropriate and taught in a sensitive and inclusive way, respecting the backgrounds and beliefs of pupils.

Parents and carers are of course the prime teachers for children on many of these matters, and schools complement and reinforce this role by building on what pupils learn at home. We have retained the long-standing ability of parents to request that their child be withdrawn from the sex education element of RSE. The school should respect the parents’ request to withdraw the child, except in exceptional circumstances, up to and until three terms before the child reaches the age of 16. At that point, if the child wishes to take part in sex education lessons, the head teacher should ensure that they receive it in one of those terms. In response to the consultation, we have further clarified in the guidance how and when a pupil’s special educational needs may be taken into consideration, and that head teachers should document their decision-making process on the right to withdraw.

We believe that after reviewing the consultation responses we have struck a balance between prescribing clearly the important core knowledge that all pupils should be taught while allowing flexibility for schools to design a curriculum that is relevant to their pupils. We made a small number of changes that we felt were important and would further strengthen the intent of the guidance. For example, we have made changes to the content on puberty to reflect that menstruation and menstrual well-being should be taught in all primary and secondary schools. Given the lack of distinction that young people see between online and offline contexts, we have expanded teaching about internet safety and harms to include content on the potential risks of excessive screen time and how to be a discerning and discriminating consumer of information and other content online. We have included teaching about rape, female genital mutilation and forced marriage in secondary RSE, and we have amended the content on organ and blood donation to include the science relating to stem-cell donation.

We are committed to ensuring that every school will have the support that it needs to deliver these subjects to a high and consistent quality by September 2020. We will be investing in tools that will improve schools’ practice, such as a supplementary guide to support the delivery of the guidance, targeted support on materials, and training. For the financial year about to begin, we have allocated up to £6 million to invest in the development of these tools. We will continue to encourage as many schools as possible to start teaching these subjects from September 2019, partly so that we can learn lessons and share good practice about how these subjects are being taught before the full mandatory rollout.

These new subjects will put in place the building blocks needed for healthy, positive, respectful and safe relationships of all kinds, starting with family and friends and moving out to other kinds of relationships, including those online. Young people will know what makes a good friend, a good colleague and a successful marriage, and what is acceptable and unacceptable behaviour in relationships. They will understand the positive effects that good relationships can have on their mental well-being. Alongside CPR and first aid, there will be now be mandatory teaching on mental health and well-being, as a foundation for our wider transformation programme on support services for children and young people’s mental health.

We believe that these proposals are an historic step in education that will help to equip children and young people with the knowledge and support that they need to form healthy relationships, lead healthy lives and be happy and safe in the world today. I commend this Statement to the House”.

--- Later in debate ---

[Lord Agnew of Oulton]

My Lords, on the questions from the noble Lord, Lord Watson, I hope I will address most of them here, but I will write on any that I have missed.

On funding, this is a ring-fenced sum of money. It comes out of the DfE budget, but as noble Lords will know, the DfE budget runs to tens of billions of pounds. This sum is allocated for this. I accept that the sum does not sound like a lot per school. One of the reasons why we are keen for schools to start to roll out this training in September of this year, before it becomes compulsory, is to get feedback from them on their experiences and whether they will need additional support.

A lot of resources are already out there, and they are good quality. For example, there is the Sex Education Forum, which, according to its website, which I looked at today, is endorsed by the ASCL, Unison and the NEU. These are all good-quality resources. It will be a matter of schools learning how to access them. If they feel there are gaps, they will feed that back to us and we will respond.

On how many teachers will be trained, we want to see this soft rollout starting in September to get a sense of how profound the additional training needs will be, going beyond what schools are already doing on PSHE, health education and other elements which are already in the curriculum. It will be a matter of seeing how much further they need to go from where they are at the moment, which also ties in with the question about room in the curriculum. There is already space in the curriculum for much of this, and we envisage there being adequate space. I will come on to that again when I answer the questions from the noble Lord, Lord Addington.

On the right to withdraw, this is a very difficult balancing act. The noble Lord, Lord Addington, made the point that we were always going to upset some people on either end of the spectrum. We believe the prevailing thrust of this is that parents should have responsibility for educating their children on these sensitive matters. We brought in the rule about three terms prior to age 16 because that is the legal age of consent for sexual intercourse, so it is important that some training is made available to children before then.

On “exceptional circumstances”, I think the term is what it is. It is extremely difficult to predict what these circumstances might be. We will see from our soft rollout starting in September if circumstances arise which are sensitive and need addressing. However, our view is that we want schools to make the judgments based on what is age appropriate and relevant to their own communities. Clearly, a metropolitan school might have a different kind of child who is more advanced in their understanding of the world than a child in a rural area. We have to be flexible on that.

On the issue of LGBT, which the noble Lord, Lord Watson, raised, we are very aware of the concern about bullying. The subjects are designed to educate pupils about healthy relationships. We have been clear that schools have flexibility on how they develop this, but in the Keeping Children Safe in Education guidance, for example, which we rolled out last year, we focused very much on bullying between children and situations where people may be of a different sexuality.

Turning to the noble Lord, Lord Addington, I thank him for acknowledging the cross-party support for this. It was heartening to listen to the debate in the other place this afternoon and see the strong cross-party support. I hope I have addressed some of the funding issues in my answer to the noble Lord, Lord Watson. The noble Lord, Lord Addington, raised the point about ongoing focus in this area. I absolutely agree that this is a Department for Education responsibility. A question was raised in the other place about the fact that it has been 19 years since we last did this and it better not be another 19 years before the next review. My right honourable friend the Secretary of State was keen to indicate that this would probably be reviewed every three years, but possibly more often. We absolutely accept that.

On SEND, coming back to my answer to the noble Lord, Lord Watson, about teaching being age appropriate, it also has to be appropriate for the mental development of a child. If a child’s special educational needs are particularly severe, schools will need to be more sensitive to the needs of that child, but as the noble Lord, Lord Addington, quite rightly says, with many SEND issues such as dyslexia, it will not really make any difference and the child would be treated in the same way.

[Baroness Massey of Darwen (Lab)]

I apologise for my earlier interruption. Noble Lords may put it down to keenness, as I am keen on this area of the school curriculum. I very much welcome the fact that this will be a compulsory subject in our schools; it has been a long time coming. The Minister rightly emphasised that teaching on keeping children safe, developing good relationships, self-esteem and sexual education has been recognised in surveys as having an impact on academic performance in schools.

We know that not all children learn about issues such as sex and relationship education and online safety at home. Indeed, many parents say that they are pleased and grateful that their children receive this kind of education from schools and other professionals. I hope the Government will not be swayed by negative impulses from media sensationalism about this, as we have seen already. Such treatment of serious subjects is a disservice to parents and children.

We have talked about funding; I hope that that will be sorted out. I also hope that schools will be encouraged to involve other professionals in delivering this programme, including school nurses, and will work across departments to share expertise and the funding that will be made available.

[Lord Agnew of Oulton]

I reassure the noble Baroness that we are absolutely firm on steering the middle course that we have tried to achieve over this long period to get to this point. As she will know, the call for evidence generated some 23,000 responses; the response to the consultation generated another 11,000. On top of that, we had two petitions, with 29,000 names in combination. We have tried to steer a way through this and we believe that we have come up with a process that keeps the vast majority of parents happy and comfortable that we are doing this in the right way, but, as I said to the noble Lord, Lord Addington, we will keep this under review because we are in a fast-changing world, particularly online.

[The Lord Bishop of Oxford]

My Lords, I thank the Minister for the repetition of the Statement and for the guidelines. The Church of England’s chief education officer has in particular welcomed the stronger impetus on teaching faith perspectives relevant to people of all faiths and none, irrespective of the kind of school that they attend, which is key to combating religious prejudice.

I underline the concerns raised by noble Lords about resourcing. The Minister will be even more aware than I am—as Bishop of a diocese where there are some 283 church schools—of the pressure on budgets for head teachers and the stress that creates. I am very encouraged by the Minister’s comments that this will continue to be scrutinised.

I particularly welcome the emphasis in the document on mental health and on good education for an online world. Would the Minister like to comment on the interface between these very good guidelines on ensuring good teaching on this in primary and secondary education and the forthcoming online harms White Paper? Clearly, there needs to be dovetailing between good policy on education and good regulation to ensure that the environment in which our children and young people are growing up is adequately regulated and supervised.

[Lord Agnew of Oulton]

The right reverend Prelate is absolutely correct to mention the whole issue of online safety and the regulation that I hope will curb some of the excesses we have seen over the last 10 years. One of the things we amended in the period between laying the original guidance and the consultation was to put more emphasis on encouraging children to have much more self-discipline and self-restraint in their use of the online world. It is a matter of great concern to me that teenagers are spending four or more hours a day in this medium, which cannot be healthy. All these things will need to be brought together. My friend, Minister Zahawi, recently established an online safety working group, made up of online safety and education experts, to help advise the department on future iterations of Keeping Children Safe in Education. Indeed, that could be strengthened to support schools if needed.

[Lord Cormack (Con)]

My Lords, many parents will have strong religious beliefs, be they Christian, Jewish, Muslim or others. Following up on what the right reverend Prelate said, can my noble friend assure me that at all stages the leaders of all the major faiths, both locally and nationally, will be consulted and referred to so that they can have an input? There is a passing reference in the Statement to respecting,

“the backgrounds and beliefs of pupils”,

but we need something rather more than that.

[Lord Agnew of Oulton]

I reassure my noble friend that faith is a protected characteristic and we have been clear that schools have flexibility over how they deliver these subject so that they can develop an approach that meets the needs of their local community and/or religious beliefs. All schools will be required to take into account the age and religious backgrounds of their pupils when teaching these subjects.

[Lord Berkeley of Knighton (CB)]

My Lords, in paragraph 79 of the draft guidance there is a reference to FGM. Recent events have made it very clear that getting prosecutions, however desirable they may be, is extremely difficult. I commend the Government on coming to the conclusion that education in this area is perhaps the most important facet of stopping this revolting and awful practice. Can the Minister confirm that there will be a real emphasis on educating children about FGM and supporting them when they have friends who have experienced it and might be in need of help?

[Lord Agnew of Oulton]

My Lords, I reassure the noble Lord that FGM is absolutely in the new guidance. It has been added as an extra subject. As my right honourable friend the Secretary of State said in the other place today, this is not just about educating young girls for their own protection but about changing the attitude to this in the long term so that those who go on to become nurses, doctors and health workers will understand the pure evil it represents.

[Baroness Barker (LD)]

My Lords, the Minister referred to good tools and materials such as those made available by the Sex Education Forum, but he will know that there are a lot of tools and materials produced by groups that have a particular perspective that they wish to push that would not comply with the objectives of these regulations. What guidance could he offer to pupils, staff or parents in a school who find themselves forced to use materials that do not fulfil the objectives set out in these regulations?

[Lord Agnew of Oulton]

I reassure the noble Baroness that we will provide further advice to support schools to improve the practice and training that could be delivered using the latest technology, including opportunities for face-to-face training for teachers. We intend to produce supporting information by September for schools on how to teach all aspects of internet safety, not just those relating to relationships, sex and health, and to help schools deliver this in a co-ordinated and coherent way across the curriculum. They will of course be free to seek advice from the department on whether the various forums that are out there are considered good. I mentioned that forum because I did not get to my notes quickly enough, but there are several others, such as the PSHE Association; the Royal Foundation, set up by the two Dukes, which focuses on mental health; and the Catholic Education Service, which has also created a model curriculum for primary and secondary schools.

[Lord Polak (Con)]

My Lords, I welcome this Statement, but does my noble friend the Minister agree that the press reports over the weekend suggesting that primary schools were teaching LGBT issues from the age of five cannot possibly be true? Can he also confirm that while there is no specific requirement to teach about LGBT in primary schools, they can cover LGBT content if they consider it age-appropriate to do so? Finally, can he confirm that age-appropriateness is ultimately a matter for the governors of a school?

[Lord Agnew of Oulton]

To reassure my noble friend, it is not correct that young children aged five or six will be taught about sexual education. We are quite clear that that is not required until a child moves into secondary education. On LGBT, the approach at a young age is more about letting children understand that families come in different shapes and sizes, to remove any sense of bigotry that could develop at an early age through ignorance.

[Lord McCrea of Magherafelt and Cookstown (DUP)]

My Lords, will the Minister confirm that the Government will firmly adhere to the promise made in the Statement, that they have retained the long-standing ability for parents to request that their children be withdrawn from the sex education element of RSE? When it comes to exceptional circumstances, who decides what these are?

[Lord Agnew of Oulton]

To reiterate, the right to withdraw is in the parent’s gift until the three terms before the child is 16. It is extremely difficult to predict what an exceptional circumstance would be, but paragraph 41 shows how clearly it is entrenched in this guidance:

“Parents have the right to request that their child be withdrawn from some or all of sex education delivered as part of statutory RSE. Before granting any such request it would be good practice for the head teacher to discuss the request with the parent and, as appropriate, with the child to ensure that their wishes are understood and to clarify the nature and purpose of the curriculum”.


Schools will want to document this process to ensure that a record is kept.

[Baroness Watkins of Tavistock (CB)]

My Lords, I warmly welcome this new legislation, particularly in relation to mental health. However, I am very concerned that independent schools will not have to conform. People who go to independent schools are just as likely to suffer from mental health problems as those in state-funded schools. We should review this situation, because the demands are far more likely to fall on the NHS than on the private sector, if we have a group of people in independent schools who have not had what we are declaring is sound health promotion. I ask the Minister to consider this issue seriously.

[Lord Agnew of Oulton]

Let me clarify the definition of an independent school: while academies are defined as independent schools, they fall within these regulations, so I can reassure the noble Baroness on that point. We are still in the stages of finalising the independent school guidance, and will address the issues raised.

[Lord Haselhurst (Con)]

My Lords, does my noble friend agree that the continuing advance of social media is presenting severe challenges for parents and teachers alike in knowing how and when it is best to deal with this difficult subject, in what is already a sensitive area? I welcome what the Secretary of State has announced today. It is right not only that it happens now, but that it be renewed on a very regular basis, to keep up with the changes in social media.

[Lord Agnew of Oulton]

My noble friend is absolutely correct. Internet safety is an integral part of the subject content. The principles of positive relationships apply as much online as they do in other contexts. The distinction between the online world and other aspects of life is less marked for young people. Schools should support their pupils in distinguishing between different types of online content, and making well-founded decisions. As I mentioned earlier, we intend to produce supporting information for schools on how to teach all aspects of internet safety—not just relating to relationships, sex and health, but to help schools deliver in a co-ordinated and coherent way across the curriculum.

[Lord Hylton (CB)]

My Lords, it seems hard to find anything about morality or moral relationships in the Statement. Surely we can all agree that morality demands respect for others as unique persons? We hear a lot about bullying, grooming and seduction online. Will the Government go deeper than that and insist that there must be a solid moral base for education and lessons on all these subjects?

[Lord Agnew of Oulton]

The Children and Social Work Act provided the Secretary of State with the power to make PSHE, and elements therein, mandatory in schools. This deals with some of the issues that the noble Lord raises. Regarding the latest changes to the guidance, we have included and clarified the values and personal traits that will give pupils the character to persevere, manage adversity and make a positive contribution to society. These items are very much embedded in the spirit of the document.

[Lord Morrow (DUP)]

My Lords, does the Minister accept that there is the potential within his Statement for undermining the authority of parents?

[Lord Agnew of Oulton]

I have tried to reassure noble Lords that that is not the intention. We always recognise that parents should lead in this part of a child’s education, and are not intending to undermine that in any way.

[Lord Lexden (Con)]

Does my noble friend agree that these regulations are essential if teachers are to be able to give children a firm, proper understanding of very sensitive issues that, left untaught, can so easily give rise to vicious bullying of LGBT pupils, and serious sex offences at a young age? As far as independent schools are concerned, to which reference has been made, has my noble friend noted the wide support that they have given to the Government’s proposals? This means they are likely to be widely adopted. As one who follows independent schools affairs closely, I have been very struck with the seriousness with which they are treating mental health issues.

[Lord Agnew of Oulton]

My noble friend raises an important point. These issues are a matter of safeguarding, not only against bullying but in ways such as recognising unhealthy relationships and symptoms of poor mental health. These subjects are designed to support all children to be healthy, happy, safe and respectful, both in the school environment and the wider world. We are committed to ensuring that schools and teachers are supported and ready to teach these subjects to a high standard. The £6 million we have announced today is an initial amount for the 2019-20 financial year, which will be used to develop the programme of support. I agree with my noble friend that independent schools have been very supportive in this process, and I am confident that they will follow the guidance.

Universal Credit: Free School Meals

Lord Agnew of Oulton Excerpts

Thursday 21st February 2019 Lords Chamber

[Lord Bassam of Brighton]

To ask Her Majesty’s Government whether they intend to reconsider recent changes to access to free school meals following their decision to delay the roll out of Universal Credit.

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

My Lords, the continuing provision of free school meals to children from out-of-work or low-income families is of the utmost importance to this Government. Due to the generous transitional protection we put in place, no child eligible for and currently receiving free school meals will lose their entitlement as a result of the universal credit rollout. Even more children will benefit by retaining eligibility through the protection.

[Lord Bassam of Brighton (Lab)]

My Lords, it is estimated that there are 5 million children now living in poverty in the UK, so is it not time for the Government to consider using the pause in the rollout of universal credit to reconsider their mean-spirited free school meals policy? What assessments have they made of the number of families who are in work poverty who do not qualify for free school meals but for whom the cost of school meals causes genuine daily hardship?

[Lord Agnew of Oulton]

My Lords, I dispute the noble Lord’s assertion on the number of children living in poverty. The DWP estimates that 300,000 fewer children are in poverty now than prior to 2010. On eligibility he will know that, through the introduction of infant free school meals, another 1.5 million children are now in receipt of them. I give credit to our coalition partners, the Liberal Democrats—particularly the noble Baroness, Lady Garden—for helping to bring that in. We are in a better place than we have ever been before.

[Baroness Corston (Lab)]

My Lords, the Minister referred to the fact that 300,000 fewer children are in poverty. Can he be truthful with the House and say that that is his assessment in relation to abject, rather than relative, poverty? That makes a huge difference. Talking about only people in destitution, rather than those who are poor, is misleading.

[Lord Agnew of Oulton]

My Lords, the Government should support people in the most vulnerable state. That is why we used the same statistics as the DWP, which produces annual estimates and said that the rate of material deprivation for children has never been lower than the current figure of 11%.

[Baroness Boycott (CB)]

My Lords, will the Government consider rolling out the free school meals programme more widely in the next few months as we go through Brexit? Indications suggest that food prices will rise, rather than go down. There are categories of children whose parents are in dire poverty but they do not receive free school meals. All children of parents living here under immigrant status do not get free school meals either. For families in poverty, they are a true lifeline. Will the Government think about rolling them out, at least for the summer term while some of this settles down?

[Lord Agnew of Oulton]

My Lords, it might be worth pointing out this week’s ONS statistics, which show a rather more positive figure on employment: 32.6 million people in this country are now employed. That is 167,000 more than between July and September 2018, and 440,000 more than a year ago. We take child poverty very seriously. We also encourage schools, through the use of the pupil premium, to encourage additional recruitment to the programme.

[Lord Addington (LD)]

My Lords, does the Minister agree with the general agreement that a good diet improves performance at school? Taking that on board, would not an Education Minister encourage his colleagues to make sure that more children got free school meals, not fewer?

--- Later in debate ---

[Lord Agnew of Oulton]

My Lords, as I said in response to an earlier question, the number of children in receipt of free school meals has increased over the past eight years. I agree with the noble Lord that a nutritious diet is essential for young people; that is why, as he will be aware, we encourage breakfast clubs and introduced the sugar tax, both of which aim to create a healthier nutritional outlook.

[The Lord Bishop of Durham]

My Lords, the two-child limit means that welfare reforms weigh particularly heavily on families with three or more children. What assessment have the Government made of the consequence of changes to free school meals that are set to impact on children with more than one sibling? Does the Minister agree that this policy will effectively harm children from large families through no fault of their own?

[Lord Agnew of Oulton]

My Lords, the Secretary of State for the DWP announced some changes in the past few weeks. We included the two-child limit in those changes but I am happy to write to the right reverend Prelate if he needs more information.

[Lord McColl of Dulwich (Con)]

My Lords, will the Minister ensure that these meals include whole milk as opposed to that rubbishy skimmed stuff? If children are fed on whole milk, as 8,000 in Canada were, there is no obesity.

[Lord Agnew of Oulton]

I heartily agree with the noble Lord. It is an extraordinary conundrum that you pay just as much in a supermarket for that thin stuff with the red top as for full-fat milk.

[Baroness Goudie (Lab)]

My Lords, the Minister seems to forget that children are the future of this country. He hides behind the statistics. We should give free school meals to many more children than at present and help children to get those meals at a much younger age, perhaps even when they are nursery. If they are not fed properly now, they will not become healthy adults.

[Lord Agnew of Oulton]

My Lords, I can only come back to my earlier answers. Over the past eight years we have dramatically increased the number of children benefiting from free school meals, and are now spending £600 million to ensure that infant free school meals are widely available. That has a take-up of more than 86%.

[Lord Hamilton of Epsom (Con)]

My Lords, does my noble friend have the faintest idea where the statistic from the noble Lord, Lord Bassam, comes from; that is, that 5 million young people are living in poverty?

[Lord Agnew of Oulton]

Unfortunately I cannot answer that question. I think that the Children’s Society has come up with a number which again was without true validity. I do not think that that helps the debate.

[Lord Watson of Invergowrie (Lab)]

My Lords, the delay in the rollout of UC is surely a recognition by the Government that inter alia they have not offered proper protection to around 1 million children in poverty who would have become eligible for free school meals under the transitional arrangements. They are expected to miss out, at a cost of around £430 per child. As the noble Lord, Lord Addington, said, teachers know only too well that an undernourished child is in no fit state to be taught effectively. I have to say that the current Secretary of State for Work and Pensions is showing signs of a caring approach that was singularly lacking in her predecessor. Will the Government now adopt the policy consistently advocated by Labour and support all children living in poverty by completing the rollout while maintaining the existing rules under which all universal credit claimants are eligible for free school meals?

[Lord Agnew of Oulton]

My Lords, we debated this almost exactly a year ago. The key thing which may be being misunderstood is that the provisions we have put in place for children with parents on universal credit are for an expanded cohort of children. More children are now entitled to free school meals than were before universal credit.

Multi-Academy Trusts: Salaries

Lord Agnew of Oulton Excerpts

Thursday 14th February 2019 Lords Chamber

[Lord Storey]

To ask Her Majesty’s Government what assessment they have made of salary levels in multi-academy trusts.

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

My Lords, multi-academy trusts achieving value for money is at the forefront of my priorities. It is essential that we challenge trusts paying high individual salaries or with high leadership team costs. We have been doing this for more than a year, we have recently re-emphasised its importance, and we will continue to do so throughout 2019. High salaries and leadership costs need to be justified, with evidence of robust processes for setting salaries and reductions where appropriate.

[Lord Storey (LD)]

I am grateful for the Minister’s reply. I know that he is concerned about this matter. I was interested to read an advert by the Floreat free school for a PA to the chief executive and for finance officers. These important posts are all to be volunteers; clearly, the school does not have money in its budget to pay for them. At the same time, the chief executive of one of our multi-academy trusts is on a salary of £440,000—nearly three times the salary of our Prime Minister. At a time when schools are having to make cuts and struggling with their budgets, does the Minister not agree that this issue needs to be properly addressed?

[Lord Agnew of Oulton]

My Lords, I will deal first with the second part of the noble Lord’s question. The trust to which he refers is the Harris trust. Frankly, it is delivering the most extraordinary outcomes for children. If you take the cost of the chief executive’s salary and divide it by the number of pupils, it offers some of the best value for money that government could ever achieve.

[Noble Lords]

Oh!

[Lord Agnew of Oulton]

Noble Lords would not be saying that if they had a child who had just received an Oxbridge offer and had been there on free school meals. On the broader question of funding in the system, we announced last year an additional £1.3 billion. We have announced plans to reform the national funding formula so that disparities across the system are gradually ironed out. We are doing a great deal to support schools in becoming more efficient, which I can perhaps deal with in responding to later questions.

[Lord Forsyth of Drumlean (Con)]

My Lords, given the concern on the Liberal Benches about salary levels and value for money, and given the fantastic success of the Harris academics—I have visited four of the schools—might my noble friend the Minister consider commissioning an inquiry to demonstrate that value for money? Perhaps he might ask Mr Nick Clegg to lead it.

[Lord Agnew of Oulton]

The question answers itself. I would not want Nick Clegg anywhere near government now that—

[Noble Lords]

Oh!

[Lord Agnew of Oulton]

He is helping himself to a salary of some $7 million per year to promote an extraordinary organisation, which is generating mental health issues among many of our young people—and I will deal with that when answering the next Question.

[Lord Watson of Invergowrie (Lab)]

Now that the advertising is over, I make the point that in primary as well as secondary academies, head teachers earn on average more than their counterparts in the maintained sector while paying their teaching staff less than teachers’ counterparts in that sector. This is the sort of avarice that results when schools are allowed to abandon national pay scales. The Minister talked about writing to academy trusts and he did so—to those where senior staff earn more than the Prime Minister. But they can ignore him, because he has absolutely no power to compel them to moderate senior pay. It is not just salaries that are out of control in academies. The academy trusts themselves are out of the control of government Ministers; that should not be the case. Will the Government introduce measures to ensure that academy trusts are held fully accountable for the public resources they spend? The next Labour Government will certainly do so.

[Lord Agnew of Oulton]

My Lords, I do not think the noble Lord understands the degree of scrutiny to which academy trusts are subjected. It is a far higher level of scrutiny than local authority schools receive. They have to submit audited accounts every year; a comparable school in the local authority sector is audited only every three or four years on average, and that information is not published or easily available. So I disagree fundamentally with the noble Lord’s point. Regarding comparable salaries in the two sectors, a head teacher of a secondary academy is on an average of about £92,000 per year compared with £88,000 for a maintained secondary head, but the heads of academy schools have more responsibilities. The noble Lord says that we do not have any leverage but, according to the results of a recent survey, the Kreston report, in the highest of six bands—schools with 5,000 to 10,000 pupils—salaries have fallen from £140,000 to £114,000.

[Baroness Garden of Frognal (LD)]

My Lords, the noble Lord has just referred to the £140,000 salary, which the Minister described as reasonable. In the world of finance that he comes from, that might be a reasonable salary. In the world of education, which I come from, it is nothing short of obscene. At a time when teachers are experiencing real pay cuts and often having to subsidise teaching materials because there is nothing in the school budget to pay for them, how on earth can the Government justify this unacceptable face of education?

[Lord Agnew of Oulton]

My Lords, the justification is very simple: you take the number of pupils in that trust, divide the senior management team costs by that number and look at the extraordinary results being achieved. These schools were failing; they had been abandoned by local authorities for decades. These children are now getting extraordinary life chances.

[Lord Harris of Haringey (Lab)]

My Lords, I first declare that I have no connection with the Harris academies. What assessment have the Government made of the correlation between academy trusts and their senior management and the number of instances of fraud or serious misconduct in the presentation of statistics?

[Lord Agnew of Oulton]

My Lords, as I said in my earlier answer to the noble Lord opposite, academy trusts are subject to a great deal of scrutiny and we continue to review this. For example, from April of this year, any academy trust requiring a related-party transaction in excess of £20,000 needs prior approval from the ESFA, the agency which manages them, and all have to be disclosed. Those are not requirements for local authority schools.

[Lord Grocott (Lab)]

My Lords, there is a crucial difference between local authority schools and academies, I would have thought, to anyone who believes in democracy. Ultimately, if parents or residents in an area do not like the performance of the schools in their local authority, they have the capacity to remove leaders in an election. Accountability via a local election is the best form of accountability. Is that not the fundamental difference between local authority schools and academies? Once the leadership of the latter is set up, there is very little anyone can do about removing it.

[Lord Agnew of Oulton]

My Lords, if that system worked, we would not have had hundreds, if not thousands, of failing local authority schools, which perpetuated themselves for decades.