My Lords, our Amendment 34 is similar to the one so ably outlined by the noble Baroness. It is a requirement that schools should always give reasonable notice to parents or carers of any detentions and that before going ahead with a detention, they have received from the parent or carer confirmation that they are aware of the detention. Rather like the noble Baroness, Lady Walmsley, has described, we thought that we were eminently conciliatory in our amendment, that it was common sense and would be warmly welcomed by the Minister. Perhaps it still will be.
We return to this issue after a detailed debate in Grand Committee in which we felt there was consensus that this was a common sense position between, on the one hand, an instant response to bad behaviour, while on the other, ensuring that pupil safety is protected. As it stands, the Bill removes a requirement to give 24 hours notice of detention and as a result schools would not be required to give parents or carers any notice at all. We have had a letter from the Minister today setting out new proposals, but those ask teachers only to judge, "““whether it is appropriate to give notice to parents””."
Frankly, we do not think that that is good enough. We recognise that it is usually the case that the nearer the punishment is to the original incident, the more effective it is. However, as a number of noble Lords in Grand Committee recognised, this would potentially create a number of safeguarding issues, which the Minister’s letter attempted to address. It would also potentially damage the relationship between parents and schools and could have a knock-on effect on the success of the school’s broader behavioural policy.
A number of objections remain to no-notice detentions, specifically because of the damage to the school’s relationship with parents. The noble Baroness, Lady Walmsley, has outlined some of those, such as it being impracticable for parents to rearrange children’s transport at short notice when they might have other commitments —other childcare commitments, and so on. There could be unnecessary worry for parents in rural areas especially on dark evenings, when they are anxious about their child’s travel home. There could also be concern if parents think their child is travelling home alone, separately, because they are travelling later, rather than earlier with a group, when they are all leaving school together. There is also the issue that the noble Baroness, Lady Walmsley, raised about caring responsibilities, of which children might not always have made the school aware. Finally, and perhaps most importantly in this catalogue, there is the basic discourtesy to parents which this Bill would represent and which would do little to help schools forge strong partnerships with parents.
When we discussed this in Committee, the Minister expressed some sympathy with the arguments we had put forward, but went on to argue that head teachers already had to produce behaviour policies which were publicised to parents. She also argued that there were existing legal safeguards that protect children's welfare if they are given detention. However, we do not feel that these points adequately address our concerns and they put the onus on parents to object to the school’s actions after the event through the complaints procedure or through legal action. Surely this is making heavy weather over what should be a common-sense policy. To be frank, we have not yet heard any valid arguments against what we are proposing.
The simplest way through is to support our amendment —or, indeed, the amendment of the noble Baroness, Lady Walmsley—which make it clear that schools can organise no-notice detention provided the parent has confirmed that they aware that it is happening. This will provide adequate safeguards for children and ensure that parents are kept in the loop and treated with respect. I hope noble Lords and the Minister will feel able to support this amendment.
Education Bill
Proceeding contribution from
Baroness Jones of Whitchurch
(Labour)
in the House of Lords on Tuesday, 18 October 2011.
It occurred during Debate on bills on Education Bill.
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