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Education and Inspections Bill

I am glad I can offer the noble Baroness, Lady Howarth, the assurances she seeks on Amendment No. 248CA. As she rightly said, the report conducted by the joint chief inspectors on safeguarding was an immensely valuable document, not only because of its focus on safeguarding, but also because of its collaborative nature, commenting on safeguarding across inspectorate remits. We are happy to confirm that this report will continue and that we will agree with the new Ofsted a basis on which that will take place. Amendment No. 248ZB was moved by the noble Baroness, Lady Walmsley. The Government are absolutely clear that safeguarding children is an important part of Ofsted's new remit. Therefore, Clause 109 contains a list of factors for the board to have regard to in performing its functions, including, "““the need to safeguard and promote the rights and welfare of children””." That is a major factor. The noble Baroness referred to the functions of the office, as set out in Clause 108. It should determine the strategic priorities and set strategic objectives and targets for the chief inspector, and subsequently to hold her to those. They are distinct from the factors that the office must take into account when establishing what those priorities will be. So we do not think that it is suitable for safeguarding children to be one of the office's functions in Clause 108. But it is precisely because of the importance that we attach to the safeguarding the rights and welfare of children that Clause 109 refers to them as it does. On Amendment No. 248ZC, of course it is essential that the views of children are listened to by the new Ofsted. We can offer firm reassurance that this will continue. In particular, subsection (4) of Clause 109 defines relevant persons as, "““persons for whose benefit they are carried on””." That covers all users of services including children, and will be taken to be so by the new Ofsted. On Amendment No. 248ZD, in performing its functions under Clause 109, we fully expect the office to satisfy itself that it is operating to the most suitable definitions of rights. We have every confidence that, in doing so, rights will include, so far as is relevant, rights under the United Nations Convention on the Rights of the Child, as well as the Human Rights Act, and those that may otherwise be conferred on children through other legislation. In considering the welfare of children, the office would of course look to the Children Act definition of well-being, but also more broadly. The Children Act outcomes are highly relevant, given that they guide how HMCI will conduct her inspection functions on children. We fully understand the noble Baroness's desire, also through Amendments Nos. 248ZE, 248ZF and 248ZG, for HMCI to keep the Secretary of State informed about improvements in well-being for children. I can assure her that the use of the word ““standards”” in this context does not relate solely to educational standards. We expect the chief inspector to comment as relevant on the well-being and outcomes for all users of services inspected. Where services for children are being discussed, the Children Act outcomes and well-being will of course be central to such reporting. Turning to Amendment No. 248A, I should make it clear that Ofsted is committed to race equality and the important role inspection plays in assessing and reporting on educational performance and outcomes for children from all backgrounds. This commitment will be extended across its expanded statutory remit. Ofsted, as a non-ministerial government department and a specified public authority, already has a duty in carrying out its functions to have regard to race relations, including promoting equality of opportunity under the Race Relations Act. We believe that the amendment simply seeks to restate existing legislation. The noble Lord, Lord Lucas, referred to Amendment No. 248F. Clause 111(3)(a) requires the chief inspector to have regard to the need to safeguard and promote the rights and welfare of children. This duty applies to all HMCI's functions, not just those covering secure training centres and adoption and fostering services. We believe that that requirement is met. For this reason, the new clause is not necessary. Finally, the noble Baroness referred to Amendment No. 248C on the Children's Rights Director. He undertakes a valuable function for the most vulnerable children, which is why his role is being transferred to the new Ofsted. The Children's Commissioner's remit extends to all children. The two roles are clearly complementary but each has different and separate functions. We understand that relations between the two postholders are good, and, indeed, a joint concordat between the two has been published, setting out how they will work together, which we take to be a very welcome sign that the collaboration which the noble Baroness seeks is taking place.