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Baroness Seccombe: My Lords, I begin by thanking the Minister for sending me a copy of the new clause as soon as she had it to hand. It was very helpful. As she has explained, one of our main concerns has related to the Lauren Wright case; namely, that the head teacher and assistant teacher in that case could not be disciplined although they had failed Lauren in every way. They had not followed the guidelines—but, then, they were only guidelines and had no force in law. Our anxiety is that this amendment will give that force in law, which I believe is what the noble Baroness said. I should like a reassured on the record that failure to observe the content of the guidance would result in some kind of disciplinary procedure, which I believe is the reassurance that the Minister has given me.
Perhaps I may ask one or two questions. In subsection (1) of the proposed new clause, local education authorities are required to ensure that their arrangements are adequate. Who will judge what is adequate? Who will inspect the arrangements? Who will pursue LEAs that are not up to scratch?
In subsections (2) and (3), governors are given responsibility with regard to children at risk. The noble Baroness has said that governors, as employers, would be empowered to dismiss or otherwise to discipline heads and teachers who in some way failed to safeguard and promote the welfare of the children
at the school. But what powers would LEAs have if the governors failed in this respect? In such a case, could they discipline teachers who had failed?Lastly, is the Minister confident that this new clause will have the teeth that we want it to have? If that is all in order, it is my duty and great pleasure to say thank you to the noble Baroness. With her officials, she has come up with some very useful amendments.
Baroness Massey of Darwen: My Lords, I welcome the amendment, and I share some of the concerns of the noble Baroness, Lady Seccombe. The intentions to safeguard and promote the welfare of children and young people are important and honourable.
Can the Minister be a little more precise in defining the word "welfare"? It is slightly more difficult than defining "child" or "governing body". Does it apply only to children who are at risk or in need, for example? Following on a point made by the noble Baroness, Lady Seccombe, can the Minister say how local arrangements might be developed in practice, including drawing up frameworks for action in schools and monitoring those frameworks? Again, what is the role of the LEA? Do the Government foresee guidance being developed on this? If so, the amendment is a very valuable one.
10 p.m.
Baroness Walmsley: My Lords, I warmly welcome government Amendment No. 123. I am delighted that the Minister has responded in her usual thoughtful way to the concerns of the noble Baroness, Lady Seccombe, and the rest of us who spoke in Committee. Schools are on the front line with children and are in a good position to detect abuse and ensure that children receive the protection and services that they need. However, it is right that their duties in this matter should be made clear, as they are in Amendment No. 123.
I share some of the concerns expressed by the noble Baronesses, Lady Seccombe and Lady Massey of Darwin. I have a different question for the Minister about the resource implications of the new statutory duty that the amendment gives to schools. Teachers and officers of the LEA may need additional training, which costs money, and supply cover may be needed to enable them to benefit from the training offered. Will adequate consideration be given within the Comprehensive Spending Review to the additional funding that LEAs and schools may need to fulfil these important duties?
Baroness Ashton of Upholland: My Lords, I am grateful for the general welcome that the House has given the amendments. Because the guidance will be statutory, it will be subject to monitoring in the same way as all other statutory guidance. Governing bodies will be responsible for making arrangements in schools. It will be their responsibility to ensure that such arrangements are in force and it will be part of the normal framework of inspection to ensure that this is complied with. Anyone who feels that the issue has not
been dealt with properly will have the right to object to the Secretary of State, who will be able to take action under the mandatory orders.Governing bodies or the local education authority act as employers in this context. Employment law would come into force. The noble Baroness knows far better than I do that in Lauren Wright's case there was nothing on which the governing body could take action. There was no basis on which they could act. Now there will be. We believe that this will go some way to improving the situation, but we shall monitor it, as we do all other issues of children's welfare. Welfare is defined as the health, happiness, prosperity and well-being in general of a person. In this context, it applies to all children.
The amendment will give teeth. In considering what to do, we took the resource implications into account. It is for us to look into that. We gave careful consideration to the issue and we are responsible for that to ensure that the provisions work.
As I said in Committee, we cannot bring Lauren back or do anything for her. I think that the amendment will help to ensure that such a tragedy could not happen again and the plight of a little girl like Lauren will not go unnoticed.
Baroness Blatch: My Lords, before the noble Baroness sits down, I have one question. She said that there was no action that could have been taken and no basis on which action could have been taken in Lauren's case. Even without these amendments, which I very much welcome, do not teachers have a duty of care to the children in their charge? Did not the foster parents have a duty of care? Did not the social workers and the LEA have a duty of care? Were they not all neglectful? Did not they all breach their duty of care?
Baroness Ashton of Upholland: My Lords, that is a much wider question. I do not want to give the wrong answer. The particular point that I was referring to was that in Lauren's case, there were no procedures for the head to follow and there was nothing that meant that the head could be disciplined for not taking appropriate action. We have sought to remedy that with the amendment. The noble Baroness, Lady Seccombe, knows the case far better than I do, but I have read the details. Huge mistakes were clearly made by a number of agencies and individuals, of which the school was but one. We have said before in your Lordships' House that the stepmother was working as a lunchtime supervisor and therefore looking after other children. There is no question but that the situation that happened with Lauren was a tragedy of huge proportions. This is our response to it, by putting schools and local education authorities in no doubt as to what is required. Other agencies must do the same and I trust that they will do so.
On Question, amendment agreed to.
Baroness Ashton of Upholland moved Amendment No. 124:
- Before Clause 171, insert the following new clause—
The noble Baroness said: My Lords, in moving Amendment No. 124 I shall also speak to Amendment No. 138. I should like to pay tribute to the contributions of all noble Lords in Committee. It was clear that there was much support for the principle of ensuring that our children and young people participate more effectively in processes that affect them.
These amendments are designed to provide an avenue through which we can ensure that LEAs and schools have access to best practice in actively involving young people when making decisions that affect them. We believe that at the present time the best way to do this is by issuing best practice guidance, sharing information about what many of our best schools do to motivate and involve young people and to raise standards. We do not believe that there is a single best way of doing this. However, we do believe that it is an important issue and one where guidance based on the best can make a very significant difference.
The amendments recognise that many schools are already involving their pupils in different ways. Indeed, I genuinely struggled to recall the last school I visited which did not have a mechanism in place for doing so. I also recognise that schools have different mechanisms which apply depending on the age of the children and the way in which they discuss with the children how they wish to involve them. We want to encourage best practice so that it becomes the norm in all schools.
So we intend to develop an approach that is not prescriptive but means that schools will be able to find the best way for them of involving young people. We
Amendment No. 124 ensures that we can pursue this approach. Amendment No. 138 is purely technical and ensures that certain definitions from the Education Act 1996 are read across to this amendment.
Arrangements will also support the flexible citizenship programme of study, allowing schools choice in planning provision, and ensure that Ofsted inspectors will look at a broader range of provision when they come to judge how well schools are involving pupils in the running of their school.I beg to move.
"CONSULTATION WITH PUPILS
(1) It shall be the duty—
(a) of a local education authority, in the exercise of any of their schools functions, and
(b) of the governing body of a maintained school, in the exercise of any function relating to the conduct of the school,
to have regard to any guidance given from time to time by the Secretary of State (in relation to England) or the National Assembly for Wales (in relation to Wales) about consultation with pupils in connection with the taking of decisions affecting them.
(2) Any guidance under this section must provide for a pupil's views to be considered in the light of his age and understanding.
(3) In this section—
"maintained school" means a community, foundation or voluntary school or a community or foundation special school;
"pupil" does not include a child who is being provided with nursery education (whether at a school or elsewhere);
"schools functions", in relation to a local education authority, means functions relating to—
(a) maintained schools,
(b) pupil referral units, or
(c) the provision of education for children of compulsory school age otherwise than at school."
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