Oral Answers to Questions

Debate between Steve Double and Nick Gibb

Monday 7th September 2020 Commons Chamber

[Nick Gibb]

We do want all children to return to school, and to return to school safely, including children with special educational needs and disability. We have given guidance to schools, and the Under-Secretary of State for Education, my hon. Friend the Member for Chelmsford (Vicky Ford), has written an open letter to parents of children with special educational needs about returning. Where there are families who have particular concerns about the safety of returning, the advice we give is to talk to the headteacher, who hopefully will be able to provide them with reassurance.

[Steve Double (St Austell and Newquay) (Con)]

St Austell is the largest town in Cornwall and has some of the most deprived communities. Further education provision in the town is vital to our young people’s life chances. Cornwall College is seeking to secure high-quality further education facilities in St Austell by redeveloping its St Austell campus. Will the Secretary of State commit to working with me and the college to bring forward the redevelopment as soon as possible?

School Penalty Fines and Authorised Absence

Debate between Steve Double and Nick Gibb

Monday 11th July 2016 Westminster Hall

[Steve Double (St Austell and Newquay) (Con)]

I beg to move,

That this House has considered e-petition 129698 relating to school penalty fines and authorised absence from school.

It is a pleasure to serve under your chairmanship, Mr Hanson, and a privilege again to have the opportunity to debate this subject, which looks like it is simply not going to go away. It is evident that parents from all around the country feel strongly, which is why we get to debate it again. We are here as a result of the online petition titled, “No more school penalty fines and bring back the 10 day authorised absence”, which has received more than 200,000 signatures to date. I am sure that we are all clear on the background, but let me put on the record that the petition states:

“Back in 2013 the government changed the law on taking your children out of school in term time so that now you receive a penalty fine of £60 per child”,

which can increase if the fine is not paid within a certain time.

Before the change in the law, which was passed by way of a statutory instrument and without the impact assessments being considered, headteachers had the discretion to allow up to 10 days off for pupils in special circumstances. That approach was rooted in common sense: teachers know the pupils, know the families they come from and know the communities that they are a part of. Sadly, we now have a Big Brother blanket ban on all family holidays in term time that gives the message that the state knows better than parents what is right for their children.

As we know, the rule was turned on its head by a recent court ruling, which judged that it was unlawful to fine parents for taking their children out of school when their children are regularly attending school. Confusion now reigns. We recently heard from Devon County Council that, until the details of the new law are made clear, it has suspended issuing any new penalty notices and cases to be heard in court will be adjourned. Cornwall Council has apparently been accused of going soft on fining parents. Although I welcome the decisions that these two south-west councils have taken, for the sake of fairness and clarity, schools and parents across England need to know where they stand.

Mr Russell Hobby, the general secretary of the school leaders’ union, the National Association of Headteachers, stated that, as we approach the holiday season, the recent ruling had

“created confusion for schools and parents”

and that

“the system of fines is clearly too blunt an instrument and in many cases it drives a wedge between schools and families.”

Swift action is needed to clarify the position for families, schools and all concerned.

The Minister knows that I care deeply about this—we have discussed and debated it before—partly because of the negative effect on the people of my constituency in Cornwall. I have made that case and spoken about the impact on the tourist industry many times before. I do not intend to repeat those arguments, but I want to address what I believe are some of the key arguments and some of the points that parents up and down the country feel very strongly about. I believe that we need to return to a policy that brings back common sense and a degree of flexibility.

I believe that the policy devalues the place of the family. The Government do not know what is best for my or anyone else’s children. Every child is unique and every family is different. This one-size-fits-all blanket ban does not allow for the uniqueness of every child and every family. It is not the Government’s role to tell parents what is best for their children.

[The Minister for Schools (Mr Nick Gibb)]

Does my hon. Friend accept that it is the Government’s role to say that education should be compulsory from the age of five to 16?

[Steve Double]

I thank the Minister for that intervention. Of course I agree with him that we value compulsory education in this country and that it has a very important part to play. However, compulsory education does not happen only in the classroom—it does not mean that children should be stopped from taking a family holiday, which, I would argue, has an equally important role in their upbringing.

One parent who was fined for taking his child to a sporting world championship that a family member was competing in wrote these words to me:

“The notion that a state official can criminally enforce their perspective on which family members are important to a child is very disturbing coming from a democratic government…By focusing on what is an ‘exceptional circumstance’, and trying to eliminate cheap holidays, the law has sent schools down the path of criminally enforcing ethics, family values, the intimate details of children’s lives and relationships, without any qualifications or regard for academics, the wellbeing of the child, or the integrity and dignity of the family structure.”

--- Later in debate ---

[The Minister for Schools (Mr Nick Gibb)]

It is a pleasure to serve once again under your chairmanship, Mr Hanson. I welcome the response to the debate from the hon. Member for Ashton-under-Lyne (Angela Rayner). I predicted that she would make a formidable shadow Secretary of State, despite the odd circumstances of her appointment, and today she has reconfirmed my view. I welcome her support for the Government’s policy, particularly her support for the Government’s attitude to attendance. She clearly shares our concern that attendance is key.

The hon. Lady raised the example of a diagnosis of cancer as not being regarded as exceptional. I refer her and other Members taking part in the debate to the National Association of Head Teachers advice and guidance, which, at point 10, states:

“Families may need time together to recover from trauma or crisis.”

A cancer diagnosis is therefore regarded as an exceptional circumstance, and attending hospital or illness is of course a reason to authorise absence.

I thank my hon. Friend the Member for St Austell and Newquay (Steve Double) for leading this important debate. The subject is close to his heart—we debated the issues fairly recently on 19 May and also in an urgent question that he raised on the Floor of the House. The debate gives me the opportunity to restate the Government’s position on school attendance for parents, schools and local authorities, particularly as I know some parents and schools have been confused by the recent High Court judgment in the Isle of Wight term-time holiday case. I hope I can fulfil the request from the hon. Member for Ashton-under-Lyne to provide clarity on that. I am grateful to my hon. Friend the Member for North Devon (Peter Heaton-Jones) for his constructive approach and to other hon. Members who have taken part in the debate.

The e-petition states:

“No more school penalty fines and bring back the 10 day authorised absence.”

My hon. Friend the Member for St Austell and Newquay referred to the 200,000 people who signed the petition. We take that very seriously, but it is a small proportion of the parents of 8.4 million school-age children in this country. My hon. Friend the Member for North Devon said that he does not agree with the part of the petition that refers to bringing back the 10-day authorised absence—nor does my hon. Friend the Member for St Austell and Newquay, nor the Government today and nor the Government in 2013.

In 2013, the Government clarified the law to address what was a widespread misconception that parents were entitled to take their children on holiday during term time. No such entitlement has ever existed in law. Teachers and schools support the increased clarity. As anyone who works in schools knows, education is cumulative, and unauthorised absences have a significantly adverse effect on the child who is absent as they miss vital stepping stones towards understanding curriculum content. Unauthorised absences also damage the education of the rest of the class as teachers have to spend time trying to help the absent pupils catch up when they return. The Government clarified the law to ensure that headteachers retained the discretion to authorise a leave of absence by considering the merits of each request and deciding whether it qualifies as an exceptional circumstance. Children should not miss school unless the circumstances are genuinely exceptional.

I refer my hon. Friend the Member for North Devon to point 3 of the NAHT guidance:

“If an event can reasonably be scheduled outside of term time then it would not be normal to authorise absence.”

The converse is that, if an event cannot reasonably be scheduled outside of term time, such as a championship or a sporting event of high significance to the child or indeed to the country, then of course it would fall within point 3 of the guidance, although it is ultimately a matter for the discretion of the headteacher.

The regulatory changes that we introduced in 2013 have been very successful. Since their introduction, as the hon. Member for Ashton-under-Lyne said, the rate of absence due to term-time holidays has decreased by more than a third. The number of persistent absentees in England’s schools has dropped by more than 40%, from 433,000 in the academic year 2009-10 to 246,000 in 2014-15. Some 6.8 million days were lost due to authorised and unauthorised term-time holiday absence in the 2012-13 academic year. That fell to 4.1 million days in 2014-15—a drop of 2.7 million days—meaning more children sitting in more classrooms for more hours. That has been driven particularly by a drop in absence due to authorised term-time holidays, with only 3.4% of pupils missing at least one session due to authorised term-time holidays in 2014-15, down from 15.1% in 2012-13.

My hon. Friend the Member for St Austell and Newquay correctly cited statistics that showed that the rate of agreed term-time holidays is lower for persistent absentees than for other pupils: 0.5% due to family holidays by persistent absentees versus 1.9% for other pupils. However, the situation is reversed for unauthorised term-time holidays: 0.6% of all possible sessions missed for persistent absentees versus 0.3% for other pupils.

[Steve McCabe in the Chair]

The Government acknowledge that family holidays can be enriching experiences, but the school year is designed to give families numerous opportunities to enjoy holidays without having to disrupt children’s education. Parents should plan their holidays around school breaks and avoid seeking permission from schools to take their children out of school during term time unless there are exceptional circumstances. I recognise that the cost of holidays is a frustration that many parents share, and I certainly encourage travel operators to do what they can to provide value for money to families, but ultimately, in a competitive market in which British businesses are in competition with others across the globe, it is for those businesses to decide their prices based on demand across the year.

Tourism is a key industry that supports almost one in 10 jobs in the United Kingdom. That is why the Government are encouraging more visitors to discover more of our country, as set out in the five-point plan that the Prime Minister announced in July 2015. Holiday sales in the UK continue to be buoyant, suggesting that there is sufficient supply and strong demand. There were more than 124 million overnight domestic trips in Britain in 2015—a 9% rise on 2014 and the highest figure since 2012. The amount spent was also up 9% to £25 billion, a record £19.6 billion of which was spent in England.

If parents and schools want different term dates so they can take holidays at less busy periods, we encourage them to discuss that with their local authority. The authority to change term dates sits with academies, voluntary-aided schools and local authorities. Decisions about term dates are best taken locally, especially where the local industry—for example, tourism—creates a compelling reason to set term dates that differ from those of the rest of the country.

As of January 2016, about 81% of secondary and 41% of primary schools, educating 57% of all mainstream registered pupils, have the responsibility for their own term and holiday dates. That includes all academies and free schools, and other schools where the governing body is the employer of staff, such as foundation or voluntary-aided schools. Some of those schools have led the way in making innovative changes in the interests of pupils and parents.

[Steve Double]

I understand the point that the Minister is making about varying term times, but it presents real difficulties. For instance, a primary school in my constituency that the Prime Minister praised for changing its half-term dates had to revert back after two years because of the pressure on parents with children at other schools that did not change their term dates. It created more problems than it solved.

[Mr Gibb]

My hon. Friend raises a real, practical issue about having different term dates in different parts of the country. That is something that the local authority and academies have to take into account when they consider changing term dates to reflect an industry or tourist needs in a particular region. They will have to weigh up the comparative advantage of that inconvenience versus the convenience of the industry that supplies the jobs in that area. That is why the decision needs to be taken locally by people who know how to weigh up those advantages and challenges.

That happened, for example, in Landau Forte Academy in Derby, which has operated on a five-term year since 1992. Eight-week terms are followed by two-week breaks and a four-week summer holiday. The academy feels that a shorter summer holiday is particularly beneficial for pupils from low-income backgrounds, who might not otherwise receive any stimulating activities in the holidays. It takes into account the dates of other local schools to ensure there is always some overlap of holidays. For example, one of its two weeks in October is always half term for other Derby schools.

Bishop Bromscombe School in St Austell, for example, improved school attendance by moving to a two-week May and June half term that allows parents to holiday outside peak times—[Interruption.] I assume that that is the school that my hon. Friend was talking about. It has now reversed that decision. If I had been quicker, I would have omitted that paragraph from my response.[Laughter.] I could, I am sure, cite other examples from around the country of schools that have taken advantage of that freedom.

Our reforms have put teachers in charge of their classrooms and headteachers in charge of their schools. Many measures are available to improve school attendance. Only when all other strategies to improve attendance have failed should sanctions such as penalty notices or prosecution be used. Schools, local authorities and the police have been able to issue penalty notices for unauthorised school absence since September 2004. There were 151,000 penalty notices issued for unauthorised absence in the 2014-15 academic year, up 54% from the 98,000 issued in 2013-14, indicating a continuation of the upward trend since 2009-10. The increase in 2014-15 was greater than the yearly increases prior to 2012-13, but it is lower than the increase of 88% between 2012-13 and 2013-14.

I believe it is right that local authorities and schools are actively addressing pupil absence. The impact of that can be seen in the historical downward trend in the absence figures, which show that, since 2009-10, almost 200,000 fewer pupils are persistently absent.

Although the Government are disappointed with the High Court judgment on school attendance, we are clear that children’s attendance at school is non-negotiable, and we will take the necessary steps to secure that principle. I recognise that the High Court judgment has created uncertainty for parents, schools and local authorities. Given its importance, it is essential that the matter is clarified, which is why we decided to support Isle of Wight Council’s request for permission to appeal to the Supreme Court, and why I wrote to all schools and local authorities in England to make it clear that the High Court judgment does not establish that a pupil’s attendance above 90% is regarded as regular attendance.

Headteachers are responsible for deciding whether there are exceptional circumstances that merit granting a pupil leave of absence. My letter concluded by explaining to local authorities receiving requests for refunds that the decision in the Isle of Wight case does not require them to refund penalties that have already been paid. The Department for Education expects applications for such refunds to be refused.

Oral Answers to Questions

Debate between Steve Double and Nick Gibb

Monday 4th July 2016 Commons Chamber

[Steve Double (St Austell and Newquay) (Con)]

T8. I thank the Schools Minister for his recent visit to the Acorn alternative provision academy in my constituency to see the excellent work that it is doing. Does he agree that the delivery of high quality and innovative alternative provision education is vital to raising the life chances of children who find themselves in the most difficult and challenging situations? Can he update the House on the work that his Department is doing to support alternative provision across the country?

[Mr Gibb]

I was actually expecting a question on term-time holidays from my hon. Friend, but I am nevertheless delighted to join him in congratulating the Acorn AP academy. It is an excellent alternative provision academy with a real focus on academic achievement for vulnerable pupils. I certainly agree that outstanding alternative provision is vital, and in our education White Paper we set out reforms that will help to build a world-leading system of alternative provision. The reforms will incentivise schools to commission high-quality provision and make the schools more accountable for the outcomes of alternative provision pupils.

Term-time Holidays

Debate between Steve Double and Nick Gibb

Thursday 19th May 2016 Commons Chamber

[Steve Double (St Austell and Newquay) (Con)]

(Urgent Question): To ask the Secretary of State for Education if she will make a statement on the recent decision by the High Court on the right of parents to take their children on holiday during term time.

[The Minister for Schools (Mr Nick Gibb)]

The High Court oral judgment represents a significant threat to one of the Government’s most important achievements in education in the past six years: improving school attendance. For this reason, the Government will do everything in their power to ensure that headteachers are able to keep children in school.

There is abundant academic evidence showing that time spent in school is one of the single strongest determinants of a pupil’s academic success. At secondary school, even a week off can have a significant impact on a pupil’s GCSE grades. This is unfair to children and potentially damaging to their life chances. That is why we have unashamedly pursued a zero-tolerance policy on unauthorised absence. We have increased the fines issued to parents of pupils with persistent unauthorised absence, placed greater emphasis on school attendance levels in inspection outcomes and, crucially, we have clamped down on the practice of taking term-time holidays. Those measures have been strikingly successful: the number of persistent absentees in this country’s schools has dropped by over 40%, from 433,000 in 2010 to 246,000 in 2015, and some 4 million fewer days are lost due to unauthorised absence compared with 2012-2013. Overall absence rates have followed a significant downward trend from 6.5% in the academic year ending in 2007 to 4.6% in the academic year ending in 2015.

These are not just statistics. They mean that pupils are spending many more hours in school, being taught the knowledge and skills they need to succeed in life. It is for this reason that we amended the 2006 attendance regulations in 2013. Previously headteachers were permitted to grant a family holiday during term time for “special circumstances” of up to 10 days per school year. Of course, the need to take time off school in exceptional circumstances is important, but there are no special circumstances where a 10-day family holiday to Disney World should be allowed to trump the importance of school. The rules must apply to everyone as a matter of social justice. When parents with the income available to take their children out of school go to Florida, it sends a message to everyone that school attendance is not important.

The measure has been welcomed by teachers and schools. Unauthorised absences do not affect just the child who is absent; they damage everyone’s education as teachers find themselves having to play catch-up. Because learning is cumulative, pupils cannot understand the division of fractions if they have not first understood their multiplication. Pupils cannot understand why world war one ended if they do not know why it started, and they cannot enjoy the second half of a novel if they have not read the first half. If a vital block of prerequisite knowledge is missed in April, a pupil’s understanding of the subject will be harmed in May.

The Government understand, however, that many school holidays being taken at roughly the same time leads to a hike in prices. That is precisely the reason that we have given academies the power to set their own term dates in a way that works for their parents and their local communities. Already schools such as Hatcham College in London and the David Young Community Academy in Leeds are doing just that. In areas of the country such as the south-west, where a large number of the local population are employed in the tourist industry, there is nothing to stop schools clubbing together and collectively changing or extending the dates of their summer holidays or doing so as part of a multi-academy trust. In fact, this Government would encourage them to do so.

[Mr Gibb]

I am about to conclude, Mr Speaker.

We are awaiting the written judgment from the High Court and will outline our next steps in due course. The House should be assured that we will seek to take whatever measures are necessary to give schools and local authorities the power and clarity to ensure that children attend school when they should.

[Steve Double]

I thank the Minister for his answer. However, there is another aspect to the policy which, sadly, has been ignored up till now—the economic impact of the policy on tourist areas, particularly in Cornwall. In 2014 a published report indicated that the tourist industry in Cornwall had lost £50 million as a result.

With respect to the Minister, there is no prospect of social mobility for a family if the parents lose their job or have their hours cut because of the downturn in the tourism industry and the way that that affects their jobs. Is it not the case that only 8% of school absenteeism is a result of family holidays? There is no drop-off in the attainment of those children. Family holidays are good for children. They widen their knowledge of the world and expose them to new experiences, and children whose family take them on a holiday often perform better as a direct result.

Will the Minister please look at the matter again? If he is going to bring forward measures to tighten the rules or strengthen them, can he assure the House that there will be a full debate in this Chamber, that the changes to the rules will not be made through secondary legislation, that this time a full impact assessment will be carried out that includes the economic impact on tourism-related industries, that the family test will be applied to the measures, and that a full public consultation will take place that considers the impact on all stakeholders—not just education, but the wider society and families especially?

[Mr Gibb]

Before 2013 authorised family holidays made up between 5% and 6% of pupil absences. That figure dropped to 2.3% in 2013-14 and to 1.2% in 2014-15. With the greatest respect to my hon. Friend, I do not believe that we should be returning to the Dickensian world where the needs of industry and commerce take precedence over the education of children. His constituency of St Austell and Newquay, in the beautiful county of Cornwall, has a hugely successful and thriving tourism industry that generates about £2 billion of income for the UK economy. I doubt that the Cornish tourism industry will be best pleased by his assertion that tourism in Cornwall is dependent on truanting children for its survival.

Term-time Leave

Debate between Steve Double and Nick Gibb

Monday 26th October 2015 Westminster Hall

[The Minister for Schools (Mr Nick Gibb)]

I am listening carefully to the powerful speech that my hon. Friend is making. In answer to his question, once a child is registered at a school, he or she is subject to the same rules as children who are of compulsory school age.

[Steve Double]

I am grateful to the Minister for clarifying that point.

Other parents have told me of children missing out on scores of significant family celebrations. In fact, there seems to be a bit of confusion on what constitutes an exceptional case where headteachers are allowed to grant an authorised absence. Headteachers are being put in the impossible position of having to make choices about children attending family events—quite frankly, those are decisions that parents should be free to make. Headteachers have told me that even when they do exercise their judgement and authorise an absence, they then risk the spectre of Ofsted criticising that decision. Pitting family life against the classroom, as the policy sadly does, is one of its most regrettable aspects.

--- Later in debate ---

[Mr Gibb]

Yes. The whole essence of our education reforms is to hand back more power to the teaching profession. It makes absolute sense for teachers and headteachers to rely on the guidance produced by the NAHT. The introduction to the guidance states:

“Term times are for education. This is the priority. Children and families have 175 days off school to spend time together, including weekends and school holidays.”

That is the NAHT’s view and we think that it is correct.

[Steve Double]

Will the Minister clarify something? Although, in theory, families have 175 days a year to be together, some people work in tourism or other industries in which they cannot take time off during those times. Would he consider such a situation to be an exceptional case, where headteachers would be right in granting a holiday?

[Mr Gibb]

That is a matter for the discretion of the headteacher. In such a situation, I would commend, as the hon. Member for Scunthorpe (Nic Dakin) intimated, looking at the NAHT guidance. If we are talking about a whole industry across a large geographical area, employing many millions of people, the best approach would be to use the term-time flexibilities to change the school term times to take into account the particular industries of that part of the country.

[Steve Double]

I take on board what the Minister says. Does he remember that he recently wrote to me saying that the Department had consulted educational authorities, which had rejected this idea saying that they thought it was unworkable?

[Mr Gibb]

My hon. Friend is a powerful advocate of the case he is making. I have every confidence that he will apply that advocacy locally as well as he is doing in this debate. I hope that he will have more success with the local authority than has been achieved so far.

My hon. Friend the Member for St Ives raised the issue of the cost of holidays. He spoke of the period at the end of the summer term, when teaching might be reduced in some schools. If his argument is that all children should be allowed to be off school during the last two weeks of the summer term, holiday prices, supply and demand would of course be affected by the mass use of that time across the country.

We know that holidays can be important and enriching experiences, but so too is school. Although we recognise the difficulties faced by some parents in taking a holiday at particular times of the year, disrupting their children’s education is not the answer. Pupils need continuity in their education. A good curriculum is planned sequentially, with knowledge building upon knowledge. Missing a step in such a sequence can cause a pupil to fall back, with pupils often finding it hard to catch up. A two-week holiday might mean that a pupil misses out on the lessons in which their teacher explains long division, long multiplication, fractions, Newton’s second law or Ordnance Survey six-figure grid references.

I remind hon. Members that the NAHT guidance makes it clear that there are many circumstances that it would regard as exceptional, such as where children

“need…to visit seriously ill relatives.”

The guidance says that absence for a bereavement of a close family friend is usually considered an exceptional circumstance, as are

“Absences for important religious observances… Schools may wish to take the needs of the families of service personnel into account if they are returning from long operational tours that prevent contact during scheduled holiday time. Schools have a duty to make reasonable adjustments for students with special educational needs”.

Point 10 of the guidance states:

“Families may need time together to recover from trauma or crisis.”

The NAHT guidance lists carefully constructed exceptional circumstances that cover many of the issues raised by hon. Members in this important debate.

We encourage all parents and schools that want different term dates to discuss the matter with their local authority or, in other cases, directly with their children’s schools. If more schools and authorities, such as the David Young community academy or Reading local authority, vary their holiday and term times, access to holidays outside of the more expensive holiday season will become increasingly common for parents.

I am grateful to my hon. Friend the Member for St Austell and Newquay, and other hon. Members, for raising the issue of term-time leave. He has raised some important concerns, and I hope he is happy that the Government have heard those concerns, both today and in our previous meetings. I hope he will understand that our overarching objective is to improve the life chances of the most disadvantaged children in this country. I also hope he will accept that many of his objectives can be achieved by using local discretion to set term dates.