My Lords, first, I thank my noble friend for the helpful meeting and exchange of letters that we have had on this important matter of provision and support for bullied children since Committee. I have laid a much simplified probing amendment in the hope that we can make further progress, given that there was considerable cross-party support for the original amendments.
My amendment falls into four distinct parts. The first three sections all seek to strengthen the definition of bullying and the cross-links between the special educational needs code of practice and the bullying code of practice for all bullying incidents. The new draft definition, which I was kindly shown, strengthens and picks up many of the points in the original amendment. There is one minor omission. The second to last line of the new paragraph refers to how bullying can result in intimidation of a victim through the threat of violence or by isolating them either face to face or online. I am afraid the reality is that we need to insert the words, “as well as actual violence”. Apart from that, the new definition is extremely helpful and I am grateful that we were allowed to see it.
Can the Minister give the House more concrete evidence that, when bullying has happened, a school or college is required to consider the SEN implications for that pupil or student, and that there will be formal cross-links between the two codes of practice? If the Minister can provide that reassurance, it would go a considerable way towards the original amendment tabled in Committee, which asked for all severely bullied children to be considered as having special educational needs. This is because a very large number of children are affected both physically and mentally, because they and their families often seek help from doctors and because at present there is no requirement for children and adult mental health services to prioritise them.
Subsections (4) and (5) of the proposed new clause address that. A child out of school for a period of three months as a result of bullying almost invariably suffers from depression. They can self-harm, develop panic attacks or anorexia or want to kill themselves—and as we know, around 20 a year are successful in killing themselves. Speedy access to CAMHS is vital. Will my noble friend provide reassurance that children in this state can get the help they need, with quick referral? Three months out of school is too long for a pupil to be away from learning and without active support. Will he also confirm that a child diagnosed with clinical depression, whether from bullying or not, would be considered as having a health condition and therefore come under the guidance that we have discussed in the previous group of amendments?
The next part of the proposed new clause—subsections (6) and (7)—tackles the difficulty of educational provision for those children so severely bullied that they cannot face attending school or college. I remind your Lordships that academic research by the National Centre for Social Research estimates that on average 16,000 pupils or students a year are in this position. That is the equivalent of 16 average-sized secondary schools, which is a shockingly high number. I am grateful for the points that the Minister commented on in Committee. There is some specialist alternative provision through the new free schools, but at present there are only a handful in the country as a whole, and most of the alternative-provision free schools focus on students with emotional and behavioural difficulties and only a handful on bullied children. There is certainly nothing that would cover the 16,000 children who need support.
These children cannot face going into the school where the bullying happened, even in a special unit inside the school—they cannot even cross the boundary through the school gates. They must not go to pupil referral units or to an alternative provision for children with emotional and behavioural difficulties. What can be provided for these children, both in the short term and the longer term? What support can local authorities access to make that provision for them work, as some schools do not allow the money to follow the child, even though the child is not in school? Finally, will the Minister ensure that at the very least Ofsted will ask schools to account for children who are not attending for long periods, for whatever reason, and to state what action the school has taken to help them?
I end on a positive note. The Government are doing very well on beginning to change the culture around bullying, particularly through their £4 million support for the Anti-Bullying Alliance, and including the work of Anti-Bullying PRO, which is training pupils as anti-bullying ambassadors. I have seen them in practice and in training and they are extremely impressive—but it takes time, and only a few can be trained at any one time. It is a small organisation and there are thousands of schools.
I have also seen the wonderful new online ChildLine help that helps combat cyberbullying and sexting, called Zipit. If noble Lords have not had a chance to look at it, they should do so. It is a polite and slightly tongue-in-cheek way for the young to put down friends and pupils who send them inappropriate or bullying messages in a way that does not make them feel as though they are victims. The whole thing can be simply calmed down. ChildLine has done very well by producing that. Frankly, more needs to be done, and I hope to hear the Minister today provide reassurance to your Lordships’ House on this very serious issue. I beg to move.
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