Education Bill

The evidence was a point made by a noble friend. It is reasonable to think that where the process is conducted properly and the independent review panel comes back to the governing body saying, ““We think that you are wrong for this, that and the other reason””—so that the governing body is confronted with that evidence and realises that others have reached a different view, or that they have made mistakes in how they have gone about it—most people will listen to what is being said to them. Obviously I do not have hard evidence because we do not have the system in place. The noble Baroness, Lady Hughes, talked powerfully about the example of Lewis Hamilton. I understand that example. Because the numbers are so small, one ends up having anecdotal exchanges of that nature; when this was debated in another place, a letter from a chair of governors was quoted which reads: "““In February a violent incident occurred at our school and after an exhaustive investigation the Principal took the decision to permanently exclude both the pupils involved in the attack. ""In short, they had come into school after issuing threats on ‘Facebook’ and sought out an individual to beat up. Failing to find him, they subsequently violently assaulted another boy, leaving him with concussion and in a state of shock. The police wanted to pursue the matter further but the family of the victim were fearful of reprisals and refused to press charges. In March, an exclusion hearing took place and the Governor’s Disciplinary Committee upheld the Principal’s decision to permanently exclude both the pupils involved in carrying out the assault. The mother of one of the excluded pupils appealed and the IAP overturned our decision and directed that we should reinstate the excluded pupil … The whole school environment was deeply shocked””." That is an anecdote, but is illustrative of the effect these decisions can have on other pupils and the school. I wanted to start the point about the exclusion trials because there may be an assumption that the Government want in some way to be gung ho or vindictive about this, or that we start from the point of view that heads are Victorian figures of authority who must never be questioned and their writ must always run. That is not our position. Our position is that there could be a small number of cases where the effect on the attitude of other pupils and staff is worth giving the school space to take that into account. The principal of Burlington Danes Academy gave evidence to the Education Select Committee in the other place, where she said: "““I am very pleased that the appeal panels have gone, having had a permanent exclusion overturned. A teacher was attacked with a knife and the child was able to come back to the school””." Although incidents are fortunately rare, these events are not unique. Schools have to be safe environments where pupils can learn. To achieve this, as we have already discussed, schools need to be able to manage behaviour, and heads and governing bodies need to know that they can go about that with confidence. I turn to the specific amendments on the First-tier Tribunal and the amendment about giving panels the power to reinstate. Clearly, requiring all cases to be taken to the First-tier Tribunal with a power to order reinstatement would defeat the purpose of Clause 4. Our proposals reform the current arrangements for exclusion appeal panels, remedying what we consider to be a weakness in relation to the power to force reinstatement. We believe that the new review panels will ensure quick resolution, which is in the interests of all parties. I think that there was a question about the timing. We believe that the panel will have to meet and consider a case no later than 15 school days after the parent requests the review. I was grateful to my noble friend Lord Storey for speaking to his amendment, which addresses an important issue about the amount of adjustment to a school’s budget that an independent review panel can set. Again, there are balances to be struck in wanting any financial penalty to be sufficiently high that the governing body would want to reflect seriously upon it. However, I understand my noble friend’s concern that the adjustment should take account of the size of the school and its total budget, as well as his point about a flat-rate penalty. Therefore, although there are arguments in favour of such a scheme because of its simplicity, I am happy to accept the principle behind his amendment and say that, when consulting schools and local authorities later this year on the new arrangements, we will include the issue of whether the penalty should take account of the size of schools—for example, having different penalties for primary and secondary schools.