Education Bill

My Lords, I support Amendment 62, which very much follows on from Amendment 61 and has a similar intent to that described by the noble Baroness, Lady Brinton. We also recognise the arguments put forward by some school leaders that punishment is more effective if it takes place nearer to the time of the original incident. Therefore, we understand that there will be occasions when same-day detention is preferable if the necessary safeguards can be built into the child’s welfare. Indeed, that is why detention at lunchtime, which we introduced in previous legislation, is a very useful additional tool. However, to be safe, we regard it as essential that parents are properly informed for same-day detention when it is intended that it should take place after school. Therefore, our amendment, in the form of a new clause, would require schools to give parents or carers reasonable notice of detention and to obtain an acknowledgment from the parent or carer within 24 hours. Where that acknowledgement has not been received, detention would still take place, but only after the original 24 hours—the current system. A number of concerns have been raised about Clause 5 as it stands. For example, Ambitious about Autism made a point that I hope noble Lords will take seriously, which is that you need to prepare autistic children for the disruption to their plans and routines. Therefore, short-notice detention of children with autism is not only disruptive to their life and organisation but can cause them considerable mental distress. Secondly, even Sarah Teather, during the progress of a previous education Bill said: "““For the record, we would not be in favour of removing the period of notice. It would be totally impractical””," as the noble Baroness, Lady Brinton, has said. Sarah Teather continued: "““In rural areas, especially on dark evenings, parents would not know what had happened to their child and would be extremely concerned. It is perfectly acceptable to give 24 hours’ notice, as it will allow parents to make other arrangements for travel … Anything else would be unacceptable””.—[Official Report, Commons, Education and Inspections Bill Committee, 10/5/06; cols. 855-56.]" Equally, we need to be aware of the needs of young carers who could be stopped from doing vital caring work at home, with no warning and no ability to make alternative arrangements. We need to be aware of the fact that some schools are not aware of the full caring roles that their pupils are carrying out when they get home, and the schools may thereby not be sensitive to some of the pressures that they are putting on the children. The noble Baroness, Lady Brinton, has made the case about rural areas and I shall not repeat it. Unamended, the clause could disrupt the relationship between schools and parents. The NUT made a good point when it said: "““Behaviour systems and policies always work best when they are fully supported by parents. Detention without notice does nothing to bring parents on-side””." That is also important. Our amendment therefore helps to redress the balance. It recognises the advantages of short-notice punishment while acknowledging the need to build parents into the disciplinary equation by requiring parents to be made aware of the sanctions the school intends to take. It fosters good relations with parents while allowing them to raise any genuine and practical concerns about a child’s late journey home. In the event that it is not possible to contact the parent or carer, it should remain that the default position is 24 hours’ notice. I hope that noble Lords will see the sense in both amendments.