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Education and Skills Bill

moved Amendment No. 5: 5: After Clause 155, insert the following new Clause— ““Governing bodies of maintained schools to invite and consider pupils’ views After section 29 of the Education Act 2002 (c. 32) insert— ““29A Governing body to invite and consider pupils’ views (1) The governing body of a maintained school must invite the views of pupils about prescribed matters. (2) In exercising any of their functions relating to the conduct of the school, the governing body of a maintained school must consider any relevant views of registered pupils at the school about matters prescribed under subsection (1) (whether expressed by virtue of that subsection or otherwise) and, in doing so, must have regard to the age and understanding of the pupils who expressed them. (3) For the purposes of subsection (1), a governing body invite the views of pupils about a matter if they invite the views of— (a) all registered pupils at the school, (b) such of those pupils as appear to the governing body to be affected by the matter, or (c) pupils appearing to the governing body to be representative of pupils within paragraph (a) or (b). (4) The following are the matters that may be prescribed under subsection (1)— (a) the exercise, or proposed exercise, of a function of the governing body of a maintained school relating to the conduct of the school; (b) the exercise, or proposed exercise, of such a function in a particular way. (5) In discharging their duties under subsections (1) and (2), the governing body of a maintained school must have regard to any guidance given from time to time— (a) in relation to England, by the Secretary of State, or (b) in relation to Wales, by the Welsh Ministers. (6) In this section, ““prescribed”” means— (a) in relation to England, prescribed by the Secretary of State; (b) in relation to Wales, prescribed by the Welsh Ministers. (7) Nothing in this section affects any power or duty relating to consulting pupils which a governing body of a maintained school have otherwise than under this section.”””” The noble Baroness said: My Lords, I shall speak also to Amendments Nos. 6, 10, 11, 12, 13, 15 and 16 in my name and government Amendment No. 14. Amendment No. 5, which introduces a new clause after Clause 155, puts a clear duty on schools to invite and, crucially, to consider the views of pupils in appropriate matters, having regard to their age and understanding. The ways in which they may seek these views are broad and non-prescriptive, and the matters on which pupils will be asked for their views will be prescribed by guidance. The other amendments in the group, apart from Amendment No. 14, about which I shall say a word in a minute, are consequential or related to this key amendment. We had two good debates at earlier stages about why it is so important and beneficial for children’s views to be considered by schools, and I will not repeat them. Since then, however, there has been a severe outbreak of agreement and good will: noble Lords will notice that the Minister has kindly added her name to mine and that of the noble Baroness, Lady Howe of Idlicote, on this amendment. I thank the Minister and her team for listening so constructively to our argument that the duty on schools to listen to the voice of the child must be clearly stated in one place and not result in schools having to look at several bits of legislation to find out what they are bound to do. I also thank parliamentary counsel for assisting us in putting together this set of amendments to achieve what we have all agreed. Noble Lords will notice that the amendment that we laid at earlier stages also included a duty on local authorities to listen to the voice of the child. The Government have managed to convince us that that is unnecessary, as it appears in other legislation, so the first thing I ask the Minister to do when she replies is to kindly explain for the record where that duty lies. Can she also confirm that, when Ofsted inspects local authorities on their children’s services, it will take into account the extent to which they seek and have regard to children’s views? My second question is about the inevitable regulations. Our initial amendment included any function of the governing body. This amendment states that regulations will limit those functions that are affected by the duty to listen to children. We would naturally like them to include all relevant matters on which the school community would benefit from hearing from children. Can the Minister reassure me on that? Can she give me one or two examples of which functions will be included by the regulations and which will not? We do not want children consulted just on what colour to paint the walls. Can she also tell the House when these regulations will be drafted? We all hope it will be soon. My third question is about how much notice schools will have to take of the children’s views. Other legislation, such as Section 3(5) of the Childcare Act 2006 states that the authorities ““must have regard to”” the wishes of the child. Similar provisions are found in Section 1(4)(a) of the Adoption and Children Act 2002 and Section 53 of Children Act 2004. The amendment we are now considering states, "““invite and consider pupils’ views””." Can the Minister say whether ““consider”” will have the same meaning as ““must have regard to”” in the other legislation? I now come to timing. Government Amendment No. 14 is about when the various provisions of the Bill will come into force, which is outlined in Clause 170. The key amendment in this group, to which I have already spoken, is Amendment No. 5, which inserts a new clause after Clause 155; I presume it will become Section 156 of the Act, if it is passed by both Houses. I have looked at Clause 170 to see when new Clause 156 will come into force, and it seems that it will be not the day of enactment but when the Secretary of State makes an order to say that it should. That is what Clause 170(4) states. What are the Government’s intentions about this? Given all the work we have done to persuade the Government on this, the last thing I want is for the Government to delay bringing this clear duty on schools into force. Finally, I thank the noble Baroness, Lady Howe of Idlicote, for being so persuasive at earlier stages of the Bill. I think she will agree with me that, as they say in football, we got a result. I beg to move.