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Baroness Blatch moved Amendment No. 122:
- Page 172, line 37, at end insert—
In paragraph 18 of Schedule 26 to the School Standards and Framework Act 1998 (c. 31) (rights of entry), in sub-paragraph (2)(b) for "which he requires" there is substituted "which he reasonably requires"."
The noble Baroness said: My Lords, this amendment concerns the amount of paperwork and other information that nursery schools will have to prepare for inspection. The amendment is simple and, until we considered this in Committee, I thought
I do not know how closely Ministers are in touch with the world of nursery education, or indeed with the professional world generally. One only has to glance at the articles, information and comment in the professional press to understand that the nursery world and the teaching world more generally are groaning under the weight of unreasonable demands for paper, partly from the process of inspection itself and partly from the need to comply with a whole range of constantly shifting demands for paperwork.
More and more is piled on to this paper mountain, day by day. The latest demand, which we have discussed elsewhere, is for exhaustive, expensive and time-wasting criminal records checks. By that I refer to those over and above what is necessary to secure information checks on those working with children.
We are also discussing elsewhere in the Bill massive new powers to regulate nursery schools in fields as extraordinary as sex education and religious education. How will their performance in those areas be inspected, may I ask? With no paperwork? I scarcely think so.
If Ministers do not think that there is a case for a test of reasonableness so far as demands for paperwork are concerned, then I fear that such a response would send out the message that there is a total lack of understanding of the problems faced by nursery schools.
I have studied carefully the Government response in Committee, but I regret to say that I was not convinced. Furthermore, those who have been in contact with me on this subject are also not convinced. By agreeing to a specific test of reasonableness, the noble Baroness would provide some reassurance to the world of nursery education. If she does not agree, I will certainly be reinforced in my belief that we need much wider-ranging constraints on the proliferation of regulation to be incorporated in this Bill along the lines of Amendment No. 34, which we discussed last week. I beg to move.
Baroness Ashton of Upholland: My Lords, I want to make absolutely clear the reasons why I shall resist this amendment. It is not because I do not agree with the noble Baroness, Lady Blatch, that requests from Ofsted must be reasonable. That applies not only to the thousands of pre-school playgroups and day nurseries now subject to regular inspection by Ofsted, but also to schools, which for some time now have been inspected by Ofsted. The point I need to emphasise is that adding the word "reasonably" in this part of the legislation would add nothing. If anything, it could have the opposite effect. Perhaps I may take a few moments to explain the position to noble Lords.
As a public body, Ofsted is already under a public law duty to act reasonably in all its dealings with schools, nursery settings and childcare providers. A
I shall say something about what Ofsted has been doing to reduce paperwork requirements. In recognition of the potential burden that Ofsted inspections place on schools and other establishments, it has already reduced its requirements for documentation. It no longer collects detailed staff and curriculum data, performance data from earlier years, or insists on schools supplying data to Ofsted's own format.
Furthermore, the draft framework for school inspections from September 2003 takes this even further stating that, with the exception of the basic inspection forms, the documentation required by inspectors should be limited to what schools would normally expect to have available. The same principle applies to early years settings, in that documentation should not be written specifically for the inspection as that puts an undesirable burden on staff.
Those wholly desirable changes have not been achieved through changes to legislation, but rather through the normal process of dialogue between public bodies and those they serve. I believe that we have a good dialogue and that Ofsted has responded well.
For the reasons that I have given about the effect of the amendment—not the spirit behind it—I ask the noble Baroness to withdraw it.
Baroness Blatch: My Lords, it is disappointing. The noble Baroness said that my amendment was otiose. The Government have not been deterred from including otiose provisions in other parts of the Bill. There is so much that the Government have said that is being re-enacted from other Acts of Parliament.
The test of reasonableness is not new in legislation. The amendment would simply change the clause to read, "which he"—the inspector—"reasonably requires". It would present nursery schools with at least a challengeable test. The Minister says that the inspectorate is expected to behave reasonably always, but that could be said of every part of government. The world of nursery education is concerned about the issue, and I am sorry that the noble Baroness is not hearing that concern. Small though the amendment may be, I have had unprecedented contact since we discussed the issue in Committee with nursery schools pleading with me to press on to try to win the battle.
We shall be discussing later a whole new burden that will be put on nursery schools and it would be so easy for the Government to say that there ought to be a test of reasonableness when Ofsted requires information to be prepared ahead of an inspection. I am sorry that the noble Baroness is unable to respond to the
Amendment, by leave, withdrawn.
Baroness Ashton of Upholland moved Amendment No. 123:
The noble Baroness said: My Lords, in moving Amendment No. 123, I shall also speak to Amendment No. 137.
During the Committee stage I gave a commitment to respond to the amendments tabled by the noble Baroness, Lady Seccombe, which sought to strengthen the current arrangements for child protection. These amendments now implement that commitment.
Having listened to the arguments of the noble Baroness, and those of her right honourable friend, Gillian Shephard, I am convinced that by placing the education service's responsibilities for making child protection arrangements on a statutory basis, it will add further safeguards against child abuse. Moreover, in examining the issue, we have concluded that the arrangements need to go a little further than those that we debated in Committee. To place a duty solely on schools would leave gaps and might leave some children more vulnerable than others. That would clearly not be right.
Amendment No. 123 would place a statutory duty on LEAs and on the governing bodies of further education institutions as well. LEAs should be covered by this provision, not least because of their role in representing schools on area child protection committees and their responsibilities for groups of
Before I conclude, I should like specifically to address the issue of enforcement of this new provision. For schools and local education authorities we shall have recourse to Section 497 of the Education Act 1996, which is ultimately enforceable by mandatory order. For FE institutions, the Secretary of State's powers of intervention contained within Section 57 of the Further and Higher Education Act 1992 will provide the enforcement mechanism. Failure by a head teacher or a member of staff to act in accordance with arrangements when they are in force would be grounds on which the governing body, or the employing authority in the case of LEA staff, could properly consider action against the individual either under disciplinary procedures or in terms of competence.
However, the clause does not intend to give rise to private law actions by individuals against an education authority, school or FE institution for breaches of the statutory duties it contains.
I should like to pay tribute to the noble Baroness, Lady Seccombe, and her right honourable friend Gillian Shephard for bringing the tragedy of Lauren Wright and the implications of that case to the attention of this House. I hope that the whole House will again be able to support these amendments, which I believe will strengthen the protection afforded to the children in our education system—an objective which I know all noble Lords share. I beg to move.
Before Clause 171, insert the following new clause—
"DUTIES OF LEAs AND GOVERNING BODIES IN RELATION TO THE WELFARE OF CHILDREN
(1) A local education authority shall make arrangements for ensuring that the functions conferred on them in their capacity as a local education authority are exercised with a view to safeguarding and promoting the welfare of children.
(2) The governing body of a maintained school shall make arrangements for ensuring that their functions relating to the conduct of the school are exercised with a view to safeguarding and promoting the welfare of children who are pupils at the school.
(3) The governing body of an institution within the further education sector shall make arrangements for ensuring that their functions relating to the conduct of the institution are exercised with a view to safeguarding and promoting the welfare of children receiving education or training at the institution.
(4) An authority or body mentioned in any of subsections (1) to (3) shall, in considering what arrangements are required to be made by them under that subsection, have regard to any guidance given from time to time (in relation to England) by the Secretary of State or (in relation to Wales) by the National Assembly for Wales.
(5) In this section—
"child" means a person under the age of eighteen,
"governing body", in relation to an institution within the further education sector, has the meaning given by section 90 of the Further and Higher Education Act 1992 (c. 13), and
"maintained school" means a community, foundation or voluntary school, a community or foundation special school or a maintained nursery school."
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