Examination of Witnesses

Children’s Wellbeing and Schools Bill – in a Public Bill Committee at 10:00 am on 21 January 2025.

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Julie McCulloch and Paul Whiteman gave evidence.

Photo of Edward Leigh Edward Leigh Father of the House of Commons

We will now hear oral evidence from Julie McCulloch, senior director of strategy, policy and professional development services at the Association of School and College Leaders, and Paul Whiteman, general secretary of the National Association of Head Teachers. You are very welcome. Do you both want to say a brief word of introduction?

Paul Whiteman:

I am Paul Whiteman. We broadly support the provisions within the Bill, as far as they connect with schools. The Bill builds upon a lot of the policy positions and ambitions that we have held for some time. We do not see it as a revolution in education, but the provisions are broadly sensible.

Julie McCulloch:

We are in a similar place in our schools. There is much in the Bill that aligns with our existing policy positions. We have a few logistical questions about how some of the proposals might play out, and perhaps some questions about how they sit within the Government’s broader vision and strategy for education, but we are broadly in favour of the proposals in the Bill.

Photo of Neil O'Brien Neil O'Brien Shadow Minister (Education)

Q Good morning, and thank you for coming. Julie, on your logistical questions, ASCL said in its statement that

“work will be needed to get these measures right…Further changes must be done with care and must not seem ideological.”

You talked about some of the issues that you want to see addressed as we amend the Bill. What are they?

Julie McCulloch:

They are largely about the fact that these proposals are landing in a particular context. There are three areas where those logistical challenges exist. The first is that they are landing in the context of a system that has been systematically underfunded for many years. That particularly relates to the proposal about breakfast clubs. We have some questions about ensuring sufficient funding for breakfast clubs.

Photo of Neil O'Brien Neil O'Brien Shadow Minister (Education)

Q Can I press you on that one? I do not understand from the Bill how breakfast clubs are supposed to work. Obviously, many primary schools already offer a breakfast club, and they charge for it. If you are now supposed to offer 30 minutes and a free breakfast—I think the going rate will be 60p in the first wave—how does that work with schools’ current charging arrangements? Are they allowed to charge before that period, so there will be both charging and a free session? Is that your understanding of what the Bill does?

Julie McCulloch:

That is our understanding. Is that yours too, Paul? There will be the provision of additional funding for the children who most need it, but you can provide provision around that.

Photo of Neil O'Brien Neil O'Brien Shadow Minister (Education)

Q So you will have two tiers. What is your understanding of the position on secondary school breakfast clubs? Have you had any undertakings on the future of the free school breakfast programme that exists in secondary schools, or the holiday activities and food programme? Is it your understanding that there is secure funding for those things?

Julie McCulloch:

I am not sure I would be as confident as that. We have started to have some conversations about that, but not detailed ones.

Photo of Neil O'Brien Neil O'Brien Shadow Minister (Education)

Q You would welcome greater certainty about those things, presumably.

Julie McCulloch:

We absolutely would, and continued funding.

Photo of Neil O'Brien Neil O'Brien Shadow Minister (Education)

Q Is there anything else that you would like amended in the schools section of the Bill?

Julie McCulloch:

I have two other thoughts, just to finish my point about the context within which this is landing. The second is about the challenge around recruitment and retention in schools. Although the proposal about qualified teacher status is absolutely welcome and the right thing in principle, we have had some concerns from our members about the challenges of ensuring that can be followed through, when they are already really struggling to recruit.

Photo of Neil O'Brien Neil O'Brien Shadow Minister (Education)

Q Do you think it is sometimes better to have a good professional person whom the head thinks is a good teacher, rather than no teacher at all?

Julie McCulloch:

In some cases, yes. That is a sad place to find ourselves, but sometimes that is the case, particularly when we are looking at vocational subjects at the top end of secondary school and into colleges. There are some excellent teachers and lecturers in further education colleges and secondary schools on vocational subjects, who do not necessarily have qualified teacher status, and we need to make sure we can retain them.

Photo of Neil O'Brien Neil O'Brien Shadow Minister (Education)

Q You can be a good teacher even if you do not have QTS. You can be the right person.

Julie McCulloch:

Yes. We absolutely in principle think that there should be qualified teacher status, but it is about that contextual piece.

The third area where we have some concerns about the context is the extent to which there is capacity in local authorities—you have just heard from local authority colleagues—to pick up some of the additional requirements on them. Again, we do not have any concerns about the principle, but some of our members are concerned about whether there is that capacity, and whether that expertise still exists in local authorities.

Photo of Neil O'Brien Neil O'Brien Shadow Minister (Education)

Q Do you have a sense that a large number of schools are not providing a broad and balanced education at the moment? Do you have a sense of how many schools are not following the national curriculum?

Julie McCulloch:

No, it is absolutely not a significant number at all. We hear from our members that the vast majority do use the national curriculum as their starting point and as a benchmark, and they innovate on top of it.

Photo of Neil O'Brien Neil O'Brien Shadow Minister (Education)

Q What do you think the problem is that that measure is trying to solve?

Julie McCulloch:

In our view, it is right that there should be a core national entitlement curriculum for all children and young people; we think that is the right thing to do. The devil is in the detail—we are going through a curriculum review at the moment. Our view is that that entitlement is important—on the ground it might not make an enormous amount of difference, but it is still important.

Photo of Catherine McKinnell Catherine McKinnell Minister of State (Education)

Q When it comes to school admissions, do you think the measures in the Bill will help local authorities to fulfil their statutory duties? Could you comment on how you think it will impact on children and schools?

Paul Whiteman:

We do think it will help local authorities—we think there has been a gap in terms of their ability to ensure that their admissions duty is fully met. To that extent, the difficulty of some parents to find the school that their children really should go to has been fettered. Therefore, we think these provisions are broadly sensible and to be welcomed.

Julie McCulloch:

We agree. The more join-up we can have between local authorities and schools on admissions the better; there are some areas where that is working really well already, and there are others where that statutory duty might help.

Photo of Catherine McKinnell Catherine McKinnell Minister of State (Education)

Q Great. From your experience, do you think it is important that a school’s individual circumstances are taken into account when you are determining the best and appropriate action to drive school improvement where a school may be under--performing, such as whether it is a maintained school? Do you consider that conversion to an academy by default might not always be in the best interests of every school and the children within it?

Paul Whiteman:

It is important to preface my answer by saying that the success of academies can be seen, and the improvement is very real, but it is not always the only way to improve schools. We have held that belief for a very long time. With the extent to which we rely on data to support one argument or the other—of course, it has been the only option for so very long, and the data is self-serving in that respect.

Academisation is not always a silver bullet, and does not always work according to the locality, status or circumstances of the school. We absolutely think that different options are available. The introduction of the Regional Improvement for Standards and Excellence teams to offer different support and different ways of support is to be welcomed to see if that is better. Academisation has not always been a silver bullet, but it is really important to preface by saying that that is not an attack on the academy system—there are very good academies and there are excellent local authority maintained schools as well, and we should make sure that we pick the right option for the schooling difficulty.

Julie McCulloch:

I would start in the same place. It is important to recognise the extent to which the expertise and capacity to improve schools does now sit within multi-academy trusts—not exclusively, but that is where a lot of that capacity sits at the moment. It is important to make sure that we do not do anything that undermines that, but our long-standing position is that accountability measures should not lead to automatic consequences, and that there does need to be a nuanced conversation on a case-by-case basis about the best way to help a struggling school to improve, which we welcome. There are some challenges. I think some members have raised some questions about whether that slows down a process to the detriment of the children and young people in those schools who most need support; clearly that would not be a good place to find ourselves. However, in principle that sort of nuance is welcome.

Paul Whiteman:

It is worth adding that we do have examples of schools that are in difficult circumstances where an academy chain cannot be found to accept them, because the challenge is too difficult for an academy to really want to get hold of them.

Photo of Munira Wilson Munira Wilson Liberal Democrat Spokesperson (Education, Children and Families)

Q Leaving aside the register, looking at the schools part of the Bill—and knowing the challenges your members up and down the country face—do you think it has the right priorities in terms of the issues we need to be tackling across schools and colleges?

Julie McCulloch:

I think it has some important priorities, and the ones you highlighted are first among them—the register, for example. There are certainly other issues that our members would raise with us as being burning platforms at the moment. SEND is absolutely top of that list, with recruitment and retention close behind, and probably accountability third. Those are the three issues that our members raise as the biggest challenges. There are some really important measures in the Bill that talk to some of those concerns. Certainly, there are some things in the Bill that might help with recruitment and retention. But it is fair to reflect the fact that our members are keen to quickly see more work around some of those burning platforms.

Photo of Munira Wilson Munira Wilson Liberal Democrat Spokesperson (Education, Children and Families)

Q You mention recruitment and retention as a key issue—we know that it is a massive issue —yet in a previous answer you said you were concerned that the qualified teacher status changes might reduce supply. In your professional judgment, what impact might the QTS measures and the constraints on pay and conditions have on recruitment and retention? What is it that you think will be beneficial for R&R?

Julie McCulloch:

I think there are two different questions there. On the QTS measure, I think it is about recognising the acute situation that we are in, and that in some circumstances our members are saying that they have a good member of staff delivering teaching who does not have QTS but is maybe working towards it. There is some devil in the detail there about where exemptions might be, and how working towards QTS might work.

On the changes around applying the school teachers’ pay and conditions document to academies as well as maintained schools, if the way we understand that measure is right, we think it will help with recruitment and retention—if it is about a floor, not a ceiling. We are not entirely convinced that that is how the Bill is worded at the moment, but if that is the intention and how it plays out, we think that is helpful.

Photo of Munira Wilson Munira Wilson Liberal Democrat Spokesperson (Education, Children and Families)

Q Obviously, breakfast clubs are for primary schools, but hunger does not end at 11. Do either of you think that we should be extending provision of free school meals right up to 18?

Paul Whiteman:

May I add something in response to your first question, and then deal with your second question? In terms of QTS, we agree with what Julia said, but would add that it is a legitimate expectation of pupils and parents that they are taught by someone who is qualified to do so. Therefore, the provisions in the Bill meaning that people travel towards becoming qualified teachers are very important. That necessity has a marginal impact on recruitment and retention, frankly.

Recruitment and retention is so much more than the flexibilities that may or may not be allowed to academy chains under pay and conditions. Those are sparingly and judiciously used at the moment—we have no objection to how they have been used so far. But those flexibilities have a marginal impact. What affects recruitment and retention is more around workload stress, the stress of accountability, and flexibility within employment, rather than those flexibilities.

Photo of Neil O'Brien Neil O'Brien Shadow Minister (Education)

Q A quick question for Julie. You said it was not clear whether the Bill currently delivers a floor, not a ceiling. Would you welcome it if we all passed an amendment to make that very clear?

Julie McCulloch:

Yes.

Photo of Amanda Martin Amanda Martin Labour, Portsmouth North

Q What is the importance in the Bill of providing a clear legal basis for sharing information with the purpose of safeguarding and promoting the welfare of children?

Paul Whiteman:

We absolutely support that. A statutory duty for schools and educators to be consulted in that respect is necessary, and it will widen the voices within that. After all, it is in schools that children are most present and visible, and teachers and school leaders already play a role in noticing changes and issues.

Julie McCulloch:

We feel the same way. I would simply add that it is a growing set of responsibilities on schools—burden is not the right word, because schools absolutely need to do it. We are hearing a lot about the pressures on designated safeguarding leads in schools. While we also welcome schools’ having a statutory role here, we need to recognise that schools will need support and sufficient resources to deliver that.

Photo of Damian Hinds Damian Hinds Conservative, East Hampshire

Q I did some rough calculations, and I think 3.1% of full-time equivalent teachers do not have QTS. In 2010, which happens to be the year the data series started, it was 3.2%. On pay and conditions, no one seems to have come forward with any widespread evidence of schools paying less than what might be this floor condition. In your estimation, what problem are the Government trying to solve with these two measures?

Paul Whiteman:

I think you are asking the wrong people. I do not know what is in the minds of Government.

Photo of Damian Hinds Damian Hinds Conservative, East Hampshire

Q Paul, you like to speculate—come on.

Paul Whiteman:

Damian, you know me too well. I cannot answer what was in the minds of Government. Broadly speaking, as I have said, I think it is a legitimate expectation of parents that a teacher in front of their child is qualified to teach them. On the push from both your Government and this Government for standards to be the voice of parents, and in talking about doing this for the expectations of parents, I think that gets alongside that ambition, so it is welcome.

On the pay flexibilities, the debate is louder than it needs to be because of the point that you made—we have not really deviated much from the STCPD. The whole point of having an independent pay review body to establish what the floors should be has worked in that regard but we need it to offer more, and obviously we would always say that. Where I would phrase it slightly differently, on the question of whether we would ask for an amendment for a floor and not a ceiling, is I would talk about a core rather than a floor. There should be a core of terms and conditions that means a teacher or school leader is agile within the system and portable. We do not want people being stuck and unable to move because the terms and conditions vary so widely. That would work against our ambition of delivering the very best education system and getting the best teachers in front of children.

Julie McCulloch:

I would not disagree with anything there. Core is a better term and it suggests not a minimum but a core entitlement, and I think that is right. On pay and conditions, yes. We hear from our members that some of them have exercised some upward flexibilities and they are keen to able to continue to do that, and to recognise the context in which they are operating. They are keen to maintain that while keeping that core. QTS is a very small number, but where that number exists, there might be reasons for it. It is important to recognise the balance between wanting a fully qualified professional and some of the nuance there.

Photo of Damian Hinds Damian Hinds Conservative, East Hampshire

Q I think a lot of people see the measures in the Bill on flexibilities for schools, on academies and on the national curriculum as quite a dramatic change, or a dramatic undoing of reforms made to the school system over the course of multiple Governments over the last couple of decades. Paul, you said in your opening remarks that this is not “a revolution”. My question is: come the revolution, what should we expect to see in Labour’s next Bill?

Paul Whiteman:

As a trade union that is politically independent and speaks to all of you, I have no insight into what might be in Labour’s next Bill.

Photo of Edward Leigh Edward Leigh Father of the House of Commons

I think that is not a terribly serious question, Damian. Darren, let us get on with it.

Photo of Edward Leigh Edward Leigh Father of the House of Commons

It is not part of the Bill, and we have to stick to this Bill.

Photo of Darren Paffey Darren Paffey Labour, Southampton Itchen

Q My question is about qualified teacher status, and the Bill is obviously about either having or working towards that. Do you think it is a reasonable expectation that, whatever your expertise and subject knowledge, if you are teaching, you are trained to teach? Do you think that remains a reasonable expectation?

Julie McCulloch:

I think it does in the vast majority of cases, but quite what working towards it looks like needs thinking about to ensure that it does not exacerbate existing crises. The only exception I might look at—I think there may be exceptions for this anyway—is at the very top end of secondary, and going into the college and vocational sphere, where there might be a slightly different set of skills needed in the people teaching those young people. But broadly, as a principle, I would agree.

Photo of Darren Paffey Darren Paffey Labour, Southampton Itchen

Q My main question is about safeguarding. I know from experience that the good relationships between the different agencies, particularly schools and the local authorities, are forged locally, and therefore they depend on almost a bit of a lottery. Do you think that mandating will resolve that issue? Will that satisfy the leaders and the designated safeguarding leads who you speak to that they now have the position and the basis for a much stronger relationship through what is being mandated?

Paul Whiteman:

We do. I would not go as far as suggesting that it is a lottery, but there are differences of relationship and of quality of relationship, so putting that on a statutory footing will help. Our one concern is that schools are often seen as the thing that will fill any void that occurs, or that will assume a greater responsibility. This is really about making sure that, through the conversations with those safeguarding teams, all the services that support children are there to help them, and that schools have a voice in that, rather than having to assume some of the responsibilities of the other agencies, as has happened more and more over time. We see it as a positive step, but there is a risk that somehow more and more responsibility is placed on schools, which would not be correct.

Julie McCulloch:

I strongly agree with that. We have been doing a lot of work with our members recently about the additional responsibilities that they have been taking on, some of which they have been expected to take on and some of which they have felt that they had no choice but to take on, because the agencies that had normally delivered those services previously no longer exist or have incredibly long waiting lists. The relationships that might be improved through this measure are really important, but there is a huge capacity issue as well.

Photo of Darren Paffey Darren Paffey Labour, Southampton Itchen

Q Are those expectations clear enough?

Julie McCulloch:

I think they could probably be clearer.

Photo of Ellie Chowns Ellie Chowns Green, North Herefordshire

Q The Bill talks about breakfast clubs, but says nothing about free school meals more widely. Would you like to see an expansion of eligibility for free school meals?

Julie McCulloch:

We would.

Photo of Ellie Chowns Ellie Chowns Green, North Herefordshire

Could you elaborate on that?

Julie McCulloch:

Happily. We would like to see the expansion up to 18—at the moment, it goes up to only 16 —and we would like to see it expanded to all children in families receiving universal credit.

Paul Whiteman:

We are in a similar position. We absolutely accept the evidence that well-fed students perform and work better. Our only concern is the level of funding that comes with it. The provision has to be funded properly, not just for buying the food but, importantly, for the capital costs to make sure that those things can be delivered properly.

Photo of David Baines David Baines Labour, St Helens North

Q I am sure that we would all agree that we want to see high standards in every school for every child, whether that is for academic attainment and achievement or for safeguarding outcomes. In your view—broadly speaking; we have limited time—does the Bill help or hinder the ambition of high and rising standards in every school for every child?

Paul Whiteman:

I certainly do not think it hinders that. On the extent to which the Bill addresses some of the struggles that we have had about attendance and support for children, it will certainly help. Often, when we are discussing such things, the language is very unhelpful, because most schools have high and rising standards already—it is a very small percentage of schools that are in real difficulty. My eye is therefore drawn to the provisions for when intervention occurs, how that support occurs and whether that will help, and I absolutely think it will. Having alternatives, not just one answer, will assist the local education economy and the local education effort to collaborate more and to help more. One of the things that we need to make sure that we are doing much better in a fragmented system is encouraging more collaboration between different trusts and schools.

Julie McCulloch:

I certainly do not think that there are things in here that will hinder that, and there are some things that will help. More broadly, a lot of the measures that would help with high and rising standards in schools sit outside schools, perhaps in the Government’s broader opportunity mission. That links to the previous discussion around broader children’s and family services, and children living in poverty. There is absolutely some helpful stuff here, but much of the answer probably lies in other parts of the Government’s work.

Photo of Patrick Spencer Patrick Spencer Conservative, Central Suffolk and North Ipswich

Q I want to talk about school improvement. Paul, I think you said earlier that you were confident in the RISE teams as a policy. When we FOI-ed commitments to the RISE teams, we found that the east of England, where my constituency is, will have four people from the RISE teams. We have thousands of schools, and probably hundreds that require improvement, yet only four people. Can you qualify why you have confidence in the RISE teams to deliver a school improvement offer? Can you also speak to what more could be done in the Bill to ensure that there is a proper school improvement offer?

Paul Whiteman:

I am not sure that I have said that I have confidence in the RISE teams. I think I referenced the RISE teams as having a role in improving standards, in that they will come and support as well. I do not know whether there is a word-for-word record to check that, but if I was saying that I had confidence, that was not intended.

I think the problem with the RISE teams, and all the rollout of the Bill’s intentions, is to do with the practical application of the Bill’s provisions later on. Of course, making sure that those teams are properly resourced and funded so that they work is a challenge. There are other issues about the context in which they work, and I think the change of context from a discussion of intervention to a discussion of support is a much more positive footing for those teams to interact with schools locally.

Julie McCulloch:

It is important to remember that the RISE teams are as much about triage as they are about delivering support. We need the kind of recognition that I started with of where the expertise sits in the system, which is largely within schools and trusts.

Photo of Patrick Spencer Patrick Spencer Conservative, Central Suffolk and North Ipswich

Q Do you think school improvement is best delivered at the Department for Education in a big office somewhere, or in a school with people on location?

Julie McCulloch:

I think there is a role for both. There is a role for central co-ordination and central support. If the RISE teams deliver, that is what they could provide, but that support for schools does need to be done on the ground. That links to parallel conversations that are going on about how we might change inspection and accountability, as well as doing more to recognise the role that schools and trusts play across the system for school improvement, not just in their own individual institutions.

Paul Whiteman:

Just to add quickly, I do not see the RISE teams as the only participants in that school improvement. We see one of the roles of the RISE teams as identifying helpful local practice and trying to broker collaboration which, at the moment, sometimes does not happen in the way that it might. Access to multi-academy trusts could do something very well to schools that are not in their local authority.

Photo of Patrick Spencer Patrick Spencer Conservative, Central Suffolk and North Ipswich

Q How do you see the role of local authorities with multi-academy trusts? Are they just replacing what was already going on?

Paul Whiteman:

Unfortunately, local academy trusts looking outside their own boundary does not happen quite as often as we would like in terms of helping schools that are not part of their trust, unless they become formally part of it. What we need is more collaboration across all school types in local areas.

Photo of Ian Sollom Ian Sollom Liberal Democrat Spokesperson (Universities and Skills)

Q I think I am quoting you correctly in saying that academisation was not a silver bullet. Could you elaborate on the factors that are in play where it has not worked in particular areas?

Paul Whiteman:

The data we look at shows quality schools and improvement outside the academy system as well as in the academy system. Where you get particular schools that are very difficult to broker, or have been re-brokered on a number of occasions, we need a different answer. I think it sits with the locality, and the local education networks and economy, to run to the aid of that school and try to improve it. I was also careful to say that my comments are not an attack on academies or the good work they do. It is about finding the answer for the individual school.

Photo of Ian Sollom Ian Sollom Liberal Democrat Spokesperson (Universities and Skills)

Q What is the difference with the maintained school if that is sitting quite isolated around other academies? It has not got that in-place support around it. How does that work effectively—is it better than re-brokering to another academy?

Paul Whiteman:

For me, it is not necessarily about the legal status of the school. It is about the collaboration and support around that school from the rest of the education network and society around it. We have seen some really good work in the last few years in the north-east with the way it has been building those networks around schools that happen to be in trusts and schools that are not in a trust, and making sure that support is delivered. The provisions in the Bill mean that you could make different decisions about the school’s legal status and actually make sure the support is delivered in a way that works for that school.