Education Bill

My Lords, first, like others, I thank the noble Lord, Lord Collins, for raising this important issue and, if I may say so, for doing it in a very thoughtful way and getting the debate off to such a good start. He and other noble Lords have described the terrible impact that bullying can have on a child. I agree with him and other noble Lords that schools, pupils, parents and the Government must work together to tackle bullying in schools, and prejudice-based bullying in particular. We set out in our White Paper, as the noble Lord mentioned, our clear expectation that schools should take a tough and firm stance on all forms of bullying. They should seek to identify what bullying is happening in their school and take steps to support pupils who have been bullied and prevent it happening in future. To support schools, we have issued the guidance to which the noble Lord referred, setting out their legal powers and duties, the principles that underpin the strategies used in successful schools, and the specialist organisations that can provide information to help schools to understand and tackle different types of bullying. This guidance makes it clear that primary legislation, introduced by the previous Government, already requires head teachers to determine measures to prevent all forms of bullying among pupils. The Equality Act 2010 further requires them to eliminate unlawful discrimination, harassment and victimisation and to consider how they can positively contribute to the advancement of equality and good relations. As the noble Baroness, Lady Massey, said—and I agree with her—bullying is a problem which happens to children and young people in schools on a spectrum of severity and for all sorts of reasons. The noble Lord’s amendment addresses a particular kind of bullying, which is particularly horrid, but if one is on the receiving end of bullying all kinds of bullying feel completely horrid and vile. It is, as has already been explained, a complex issue that is too often hidden from parents and teachers, as noble Lords have said. I agree with the noble Lord, Lord Collins, that in order to tackle bullying schools must have a good understanding of what is driving bullying in their schools. That is a point that the noble Baroness, Lady Massey, made as well. We need a much broader approach. Schools must also understand the types of bullying that are a problem. It is crucial that they create an environment where pupils know that bullying is not tolerated and feel able to report it where it occurs. The nature of bullying changes over time. If the noble Lord, Lord Rix, were here, he would talk about the concerns that he and others had about the rise in bullying of disabled children. If we had been here 10 years ago, we probably would not have had a debate about the rise in homophobic bullying. Therefore, understanding the issues and how they change over time is extremely important and will require different action in different schools. I have been told that 35 per cent of bullying goes unreported, so any system that relies on reporting alone cannot give a full picture of what is happening in a school. The most effective schools use a range of approaches to monitor bullying. They combine evidence from incidents reported with other sources of information, such as anonymous surveys of pupils, surveys of parents and making use of school councils. We want to see more schools take a sophisticated approach that allows them to understand the problems in detail, address them and improve their approach based on evidence of what works. The new, more focused Ofsted framework will encourage schools to do this. Inspectors will have more time to look at how schools address poor behaviour, including bullying. That greater focus will flush out some of these things. The report that Ofsted will produce will provide information to parents about the detail of a school’s approach and how effective it is. All that having been said, on the specific amendment moved by the noble Lord, Lord Collins, I fear that there are potential practical pitfalls with requiring all schools to collect and publish information about bullying in one way. That point was alluded to by my noble friend Lady Brinton. Information about bullying is by its nature fairly subjective, and the amount of bullying recorded will not necessarily depend on the amount of bullying taking place. I can envisage a situation where a low number of recorded incidents could mean that a school was exemplary at tackling bullying. Alternatively, it could mean that staff were not aware that it was going on or that children were afraid to report it. We also know that nationally set targets can sometimes risk creating perverse incentives. For example, if a school needed to demonstrate that it was reducing bullying year on year to hit a target, that would not be an incentive to encourage pupils to report lots of bullying incidents because that would work against it. While requiring schools to collect data about the bullying of pupils related to the protected characteristics could help them to comply with the equality duty, it could also send a signal that other forms of bullying were less important. As I said earlier, if you are on the receiving end of bullying, whether or not it is a protected characteristic will probably be a less important issue than the fact that you are being bullied. From a practical point of view, it would be difficult to design a standardised way of collecting the information about bullying that would both meet the needs of all schools and provide a fair comparison between them that parents or the Government could use to monitor progress. However, I am sympathetic to the argument of the noble Lord, Lord Collins, that information beyond that which will be collected by Ofsted may be helpful, so we should continue discussions with the Equality and Human Rights Commission and other interested bodies to identify how that might be done. I readily agree with the noble Lord, Lord Collins, about the importance of schools monitoring the effectiveness of their approach. I am glad that he has raised this issue and that we have had this debate. We will work with the EHRC and other partners to develop an approach that will help us to achieve those shared objectives without creating unintended effects or necessarily adopting a more prescriptive approach. With that, I ask the noble Lord to withdraw his amendment.