Damian Hinds
MP for East Hampshire · Conservative · United Kingdom
“There are moments in debates like the one we have had today that are difficult to sit through and listen to, but it is the most immense privilege to be a Member of Parliament and to hear some of these testimonies.”
“Today is once again a day of heavy responsibility for all of us to decide on what we in this House call “conscience issues”. Many of the people who we represent hold strong and immutable views, and we hear from them. However, we represent many others who hold much more nuanced views and we are less likely to hear from them.”
“Members who support the Bill should not have their motives questioned, Members who oppose the Bill should not have their motives questioned, and Members who have reached a different conclusion from one they reached at an earlier stage should not have their judgment questioned either.”
“We have heard from royal colleges and other professional bodies, many of whom have a neutral stance on the principle but raise significant questions about particular aspects. We know from Ministers that there would need to be some reprioritisation of NHS resources, but we do not know the extent.”
“If there is the prospect of the Parliament Acts being used, that would increase the importance and the salience of the text as it is now. Today, it is reasonable and entirely in order for hon. Members to consider information that is available now that was not available in those previous parliamentary deliberation.”
“The Government have said, rightly, that the time taken to implement other schemes is not directly comparable, because none are as in this Bill. This is a free vote on a matter of conscience—there is no party line on either side of the Chamber. No one, I suggest, finds this issue easy.”
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“My right hon. Friend the Member for Chelmsford (Vicky Ford) will be leading a debate in Westminster Hall very soon in connection with and in support of her presentation Bill on making such obligations statutory. On data, which the hon. Member for Houghton and Sunderland South spoke about, our attendance data tool now provides near real-time information, not once a year, to allow earlier intervention and avoid absence becoming entrenched. We already have 88% of schools taking part in our world-leading daily registers data pilot, and we want that to be 100% by September.”
“There were 380,000 fewer pupils persistently absent or not attending in 2022-23 than the previous year. I am not quite sure how the hon. Member for Houghton and Sunderland South does the extrapolation to her figure of one in four— [ Interruption. ] Well, that is not what the data series says. On Thursday, we will see the first data published for persistent absence in this academic year. We shall see what that says, but I hope it will show some further improvement. In any event, we certainly know that there is further to go. Our comprehensive attendance strategy includes a number of different elements. There are clearer expectations of the whole system, including requiring schools to have an attendance policy and to appoint an attendance champion, and for local authorities and schools to agree individual plans for at-risk children.”
“Through termly data collection, we are also increasing the accuracy of registers, improving the understanding of this cohort of children. However, true accuracy can only be gained with mandatory registers, stipulating the data to be recorded and an accompanying duty on parents to inform local authorities when they are home educating. We often say that reading is the most fundamental thing in education, because if someone cannot read they cannot access the curriculum, and then nothing else in school really works. However, there is one thing that is even more fundamental than reading, and that is attendance, because whatever great things our schoolteachers do, they can only benefit the children who are there to benefit from them. I am pleased that we have started to see some progress in this area.”
“Of course, I readily acknowledge that cost of living pressures and inflationary pressures have been difficult for families in many ways. It is also true that the single most important thing to underpin family budgets is employment, and we are benefiting from the still very high rates of employment in this country. We are also benefiting from the proportion of people in work on low pay having come down significantly as a result of the national living wage. Yes, there is much more to do, but there is also a great deal happening. I should now make some progress. To go back to the children not on school registers, the Government continue to work with local authorities to improve non-statutory registers. I have already mentioned the consultation on revised guidance for elective home education.”
“We remain committed to working with pupils, parents, teachers, local authorities, the health service and other partners to tackle these issues through our support-first approach, building on the strengths of the current system and the success achieved by teachers and leaders in our schools prior to the pandemic. Being in school has never been more valuable for pupils, with standards continuing to rise. I am hugely grateful to all our brilliant teachers, heads, partners throughout the system and everyone who has worked to create the progress achieved so far, and I am confident there is a great deal more to come.”
“It identifies this country as being in the relatively small set of what it calls “equitable systems.” In other words, as well as having strong performance relative to other countries, that performance is well spread out. There have always been some children who are educated at home, and I repeat my earlier tribute to parents who, in so many cases, give up so much to do this and do it so well. However, covid created a big increase on top of what was already growth in the numbers, and it is important that we understand that. The wider issue is that the legacy of the pandemic has also meant that school absence levels are too high.”
“Lady says that in the end it is the score, not the rankings, that matter, and she is of course right. I am surprised she does not know this, however: she said education has not been badly affected by covid in every country, but I have to tell her that covid has given a real knock to education across most of the world. [Interruption.] I beg the hon. Lady’s pardon? [Interruption.] It has taken a great knock across much of the world and much of the world is now engaged in recovery programmes to make up that ground. But what the PISA results showed is that the knock sustained in this country was less than in very many other countries. The PISA results also highlighted something else about education in England.”
“Overall attendance last term was 93.2%, up from 92.5% in autumn 2022-23, meaning that pupils in England on average attend the equivalent of around a day and a half more across an academic year than they did the previous year. So while there is still a long way to go, this does represent progress. To conclude, for the vast majority of children school of course continues to be the best place for their education, and it has never been more important to be at school. England’s primary school children are now the best readers in the western world, and at secondary we have made considerable progress. The hon. Lady said some interesting things about PISA, the main international study of attainment—not the only one, but the main one—in which England has moved up the rankings, having previously come down the rankings before 2010. The hon.”
“This is despite the fact— [Interruption.] This is despite the fact, I say to the hon. Lady, that there are 600,000 fewer children living in workless households and that, thanks to the national living wage, the proportion of people in work but in low pay has halved. Mental health barriers are also a very important part of this. That is why we are working with NHS England to increase the number of mental health support teams. They already cover 47% of pupils in secondary schools, and that will increase to at least 50% across all phases by March next year. I am pleased to report that the latest data shows that, while there is still a lot to do, there is some cause for cautious optimism.”
“We have provided additional funding for recovery, including for tutoring and direct funding for schools. To help families, we have committed an additional sum of £200 million to scale-up the Supporting Families programme, which of course has a specific requirement on school attendance. We are also spending on the national school breakfast programme to provide around 350,000 breakfasts on a school day in over 2,500 schools, targeted at the most disadvantaged areas. I also say to the hon. Member for Houghton and Sunderland South that we should look at targeting secondary schools as well as primary schools, because persistent absence can of course be particularly concentrated in the secondary age group. There are now considerably more children in receipt of free school meals than the last time a Labour Government were in office.”
“They are all working together to address the wider barriers to and enablers of attendance. As I said earlier, we must be very clear that some children do need to be off school some of the time. That has always been the case, but there has been some change in attitude since covid, with a greater propensity to keep a child at home with minor illness, such as a cough or cold in some cases. We need to recalibrate at least back to where we were pre-covid. That is why we have launched the national campaign “Moments Matter, Attendance Accounts” to re-emphasise the importance of every day in school, not only for learning but for wellbeing, experiences and friendships. Alongside this, we have made attendance a key theme of school and children’s services reforms.”
“I ask the hon. Member to forgive me, in the interests of time. We have targeted support in which schools with strong attendance performance support others that need help, and we are expanding that so that almost 2,000 schools will benefit. Our mentoring pilot, which I think the hon. Member for Houghton and Sunderland South inadvertently referred to, is delivering one-to-one support for persistently and severely absent children. That is currently taking place in Middlesbrough, Knowsley, Doncaster, Stoke and Salford, and it will be extended to 10 new areas, with a total of 10,000 children, later this year. System leadership is incredibly important. That is why we have the attendance action alliance, which brings together leaders not only from the world of education, but from children’s social care, health and allied services.”
“I would also note that, while schools are not obliged to make such adjustments for pupils who are not disabled, many do work with pupils and their families to accommodate a variety of needs. Working with pupils to make adjustments to help them access food can, of course, as a couple of colleagues have alluded to, also help to improve attendance and behaviour. Further to that, we encourage schools to work with parents and pupils to ensure that their food provision adequately meets a diverse range of needs, so that it can be enjoyed and benefited from by all.”
“For the provision of school meals, that could lead to schools making reasonable adjustments to ensure that eligible pupils could still access their entitlement. For example, a school could let a pupil with sensory-processing issues go into the dinner hall before other pupils, or it could appropriately tailor the meal choices to the pupil’s particular needs. Schools do, of course, do those things and are best able to understand the individual children and the circumstances of their school. We have published non-statutory guidance for schools to advise them generally on their duties to make reasonable adjustments for disabled pupils and to support them in doing so.”
“Similarly, many children with disabilities but not special educational needs will be eligible, and those rates are higher than the overall proportion of pupils eligible for free school meals in England. The standard food offering provided by schools will, of course, be suitable to the needs of many of these children. However, some pupils with additional needs may require special food provision or arrangements. Let me be very clear: all schools have duties under the Equality Act 2010 towards individual disabled children and young people, and they must make reasonable adjustments to prevent them being put at a substantial disadvantage. That means that a school cannot treat a pupil unfairly as a consequence of their disability.”
“As colleagues will know, schools have a duty to provide nutritious, free meals to pupils who are registered with a state-funded school and meet the eligibility criteria for free school meals. The provision should be made for eligible pupils either on the school premises or at any other place where education of those pupils is being provided. There are, of course, many pupils with special educational needs and disability status that meet the eligibility criteria necessary for free meals. The latest published statistics show that 41.1% of pupils with an education, health and care plan—known commonly as an EHCP—and 37.5% of pupils who are on what is known as SEND support were eligible for free school meals provision in 2023.”
“In addition, a further 1.3 million infants in reception and years 1 and 2 receive a free meal under the universal infant free school meal policy, which we introduced in 2014. That helps to improve children's education and boost their health, and it saves parents about £480 a year. We have also introduced extensive protections, which have been in effect since 2018, to ensure that while universal credit is being fully rolled out, any family eligible for free school meals transitioning to universal credit from the legacy benefits will retain their entitlement to free school meals, even if they move above the income threshold. Pupils are eligible for benefits-related free school meals if they or their parents are in receipt of one of the eligible benefits and have submitted a request for meals.”
“We spend over £1 billion a year delivering free lunches to the greatest ever proportion of school children—over a third. That one in three compares with the one in six who were receiving a free school meal in 2010. That change came despite employment being up by millions, unemployment being down by a million, 600,000 fewer children being in workless households, and the proportion of those in work on low pay coming down substantially since the introduction of the national living wage in 20215-16. Free school meal provision includes 2 million pupils who are eligible for benefits-related free school meals and a further 90,000 disadvantaged students in further education who receive a free meal at lunch time.”
“We all agree about the importance of ensuring that all children in school are given the best opportunities to thrive, and the Government are determined to ensure that every child, regardless of background or circumstances, can get the very best start in life. Today, we discuss those who have a special educational need or disability, and colleagues have raised several striking case studies of individual children and their circumstances from their constituency case load or, in some cases, from their personal family experience. We support, of course, the provision of nutritious food in schools so that pupils develop healthy eating habits and can concentrate and learn, and free school meal provision is important to that being achieved in schools. This Government have extended eligibility for free school meals more than any other.”
“What a pleasure it is to serve with you in the Chair, Dr Huq, I think for the first time. I congratulate the hon. Member for Liverpool, West Derby (Ian Byrne) on securing this debate on an important matter, as demonstrated by the over-subscription of this debate this afternoon. For their contributions, I thank the hon. Members for Coventry South (Zarah Sultana), for Somerton and Frome (Sarah Dyke), for Strangford (Jim Shannon), of course, for City of Durham (Mary Kelly Foy), for Brighton, Kemptown (Lloyd Russell-Moyle) and for Wansbeck (Ian Lavery). My hon. Friend the Member for Torbay (Kevin Foster) gave a compelling speech, and my right hon. Friend the Member for North East Somerset (Sir Jacob Rees-Mogg) made a compelling and pithy point in his speech.”
“Lady would like, I would be very happy, of course, to follow up with her separately. That, in fact, brings me on to the point that I have in front of me, which is that, where parents do have specific concerns that a school’s legal obligations regarding their child are not being met, those should be raised with the school in the first instance, and subsequently, as necessary, with the academy trust or local authority.”
“Obviously the quality of school food is critical, and regulations cover not only free school meals, in the sense of lunches, but all food that is available during the school day—for example, in breakfast clubs that schools provide and even in tuck shops. I may get inspiration, but I think the standards cover up to 6 pm in the evening for things going on during the school day. When one talks about compliance with regulations, one has to think differently about what is done at a system level and for individual children. Candidly, I do not think that it is realistic to say that you could have a regulatory agency that was looking at every individual case of individual children and their requirements in that particular school, but it is important that we have those standards. If the hon.”
“Some children are not able to attend a school setting on a long-term basis or sometimes at all, owing to their complex needs. It is right that the Government’s high-level policy and funding framework leaves flexibility for local responses to the complex needs of individual children. The Department allocates high-needs funding to local authorities to support the education and learning of children with special educational needs and disabilities, and local authorities have wide discretion over the use of that funding. We strongly encourage parents of children with complex food needs to be in touch with their school or local authority to discuss the support available to them.”
“It is rightly up to schools to decide how the provision should be made. We believe that they are best placed to understand individual circumstances, their families and their children, and to tailor their food provision accordingly. Ultimately, the best and most nutritious option is typically for children and young people to receive a hot and freshly cooked meal at school. That is what our policy supports, while allowing for alternative arrangements such as food parcels and vouchers to be put in place where necessary. It is a condition of free school meal eligibility that children are registered with a state-funded school. Eligible pupils, including those with special educational needs and disabilities, are entitled to receive free meals.”
“The guidance is clear that any individual plans should include consideration of “access to food and drink where this is used to manage their condition” and any “dietary requirements”. Members also asked whether supermarket vouchers could be provided in lieu of meals. The requirements for free school meals are clear, such that eligible children should receive their free meal either on the school premises or at any other place where education is being provided. In some circumstances, it may be appropriate to provide supermarket vouchers to parents in lieu of meals. Equally, in other cases, it may be more appropriate for other arrangements to be made, such as food parcels. The exact nature of alternative arrangements will of course depend on individual circumstances and should be determined case by case.”
“Where pupils have a medical condition that impacts their access to food, section 100 of the Children and Families Act 2014 places a legal duty on schools to make arrangements to support pupils with their medical condition. The accompanying statutory guidance from 2015 included in the document “Supporting pupils at school with medical conditions” sets out that governing bodies must have regard to that guidance when carrying out the duty. The guidance makes it clear that schools should ensure that they are aware of any pupils with medical conditions and that they have policies and processes in place so that those conditions can be well managed. The guidance is also clear that that includes how the processes will be implemented and the potential role of individual healthcare plans in supporting pupils.”
“I ask the hon. Lady only to be patient. That was a central point made by the hon. Member for Liverpool, West Derby and clearly I need to come on to it. To be straightforward and clear, we will update our free school meals guidance to make reference to the reasonable adjustments duty that is already set out in non-statutory guidance published by the Department elsewhere, in order to heighten awareness about reasonable adjustments, in particular as it relates to meal provision among schools, local authorities and families to support local solutions. That should give parents clarity and something to point schools to when discussing their child’s needs.”
“I will ask the hon. Gentleman to forgive me, because I want to ensure that I get through and cover the points. If I end up with more than a minute or two at the end, I will try to come back to him, if that is all right.”
“On his specific question about the holidays and activities fund programme and breakfast programme, I ask him to give me more information so that I can respond more fully in writing. I hope that on his main questions about not creating new guidance, because it already exists, but clarifying and communicating the guidance to schools on reasonable adjustments for children with disabilities and to local authorities about reflecting the need for food to be considered in packages for EOTAS, he will take some reassurance from what I have said. It remains only for me to congratulate and thank again the hon. Gentleman and all Members who have taken part in the debate.”
“To illustrate that, funding for mainstream schools and high-needs funding for children and young people with complex needs will be more than £1.8 billion higher next year compared with this financial year, and total schools funding will be £59.6 billion—the highest ever in real terms per pupil. Within that, high-needs funding will be more than £10.5 billion in 2024-25, which is an increase of more than 60% from 2019-20. That funding will help local authorities and schools with the increasing costs of supporting children and young people with SEND. I realise that I am short of time, so I will conclude because I think the main points that the hon. Member for Liverpool, West Derby would want me to come back to are the questions that he set out, and I can reassure him on those points.”
“We fund local authorities to support those children, and decisions about exactly what is included in individual EOTAS packages rightly fall to them. We therefore advise parents of children receiving EOTAS to speak with the local authority if they have concerns. I note the concerns that have been raised today about food provision for children receiving EOTAS under section 61, and I can confirm that my Department will review our published free school meals guidance on that point. That will be available in the spring. We will of course work closely with stakeholders, including parents, to develop the guidance. Free meal provision to eligible pupils with SEND is only a small part of the overall package of support rightly provided in recognition of the additional challenges faced by those children.”
“Which makes it slightly less likely, but let us see how we get on. I am aware that concerns have been raised in relation to food provision for the particular group of children we discussed earlier: those with complex needs who are educated otherwise than at school, commonly known—perhaps this is the point that the hon. Member for Brighton, Kemptown was about to raise—by the acronym EOTAS. Section 61 of the Children and Families Act 2014 allows for local authorities to make special educational provision for those children outside of a school setting. The latest published school statistics show that as of January 2023, there are about 8,000 children and young people receiving EOTAS. Of course, not all those children and young people would qualify for free school meals under the benefits-related criteria.”
“Nationally, school funding will rise to over £59.6 billion next year, the highest ever in real terms per pupil. This year, the north-east had the largest percentage increase in per pupil funding in the whole of England.”
“I have seen the website that the hon. Member mentions. Its calculations are based on some very speculative assumptions, and the conclusions that it reaches should therefore be treated with great caution. Next year, County Durham will receive over £391 million based on current pupil numbers, which is an extra £7.8 million for schools.”
“Mr Speaker, allow me to take this moment to pay tribute to all school staff, leaders, children and their families, who have shown great fortitude in dealing with the disruption caused by RAAC. We have moved quickly to make sure all schools with suspected RAAC are surveyed and to work with schools to put in place alternative arrangements. Of course none of that is perfect, but schools have shown great flexibility in working towards that, such that we now have 99% of affected schools back with full-time face-to-face education.”
“Support staff play a vital role in our schools. We have given schools the freedom to recruit the staff they require to meet their own needs; although we do not collect central data on vacancies as a result, I can tell the hon. Lady that the number of support staff working in schools has increased for the past three years.”
“We must meet the needs of all children; and at some level, every teacher is a teacher of special educational needs and disabilities. I recognise that there can be particular difficulties for smaller schools in rural areas, as the hon. Member mentions. We have the wider EHCP system, which is better than the previous system. On places available in special schools, where children are in mainstream schools, I recognise the central role played by teaching assistants. That is why we have set out in the SEND and alternative provision improvement plan how we will look to consolidate that position and give further advice on the best deployment of TAs.”
“Reducing unnecessary workload is a priority for the Department and for me. We have convened a workload reduction taskforce of experts, teaching unions and practitioners to make recommendations on how to minimise workload for teachers and school leaders.”
“I value all those activities that my hon. Friend sets out that schools undertake for their children. Like her, I represent a rural constituency—indeed, we have next-door constituencies. I recognise what she says about small rural schools. Inspections have an important role to play, but Ofsted also has the flexibility in the framework to take account of the particular position of smaller schools.”
“I can confirm that there are 27,000 more teachers and 60,000 more teaching assistants in our schools compared with 2010. We have the most talented generation of teachers ever, and we continue to focus on a strong recruitment and retention strategy, so that we continue to get the best talent to teach our children.”
“I of course extend my condolences to the friends and family of Ruth Perry. It was the most awful tragedy. My right hon. Friend the Secretary of State will say a word on that tragedy and Ofsted in a moment. For now, let me just say that of course the inspection framework and process must both be fully informative to parents, and supportive to teachers and schools.”
“Free school meals support disadvantaged families to the value of £480 a year, ensuring that eligible pupils receive a healthy, nutritious meal. The Government have expanded free school meals more than any other in recent decades; now, more than a third of pupils in England receive them, compared with a sixth in 2010.”
“I acknowledge my hon. Friend’s point. The national funding formula recognises that some schools are necessarily small and do not have the same opportunities to realise economies of scale. Every school receives a lump sum, irrespective of its size—£134,000 for next year—and the Government have reformed the sparsity factor, increasing funding for that from £42 million in 2021-22 to £98 million in 2024-25.”
“Of course, no one should face violence in school. In England, we have taken decisive action to improve pupils’ behaviour through strengthening the behaviour in schools guidance and investing in giving support and propagating best practice through the behaviour hubs.”
“We also extended searching powers, removed the requirement to give parents 24 hours’ written notice for after-school detentions and simplified advice on how to prevent and tackle bullying, because a safe and ordered environment is essential for both children’s education and their general wellbeing.”
“For completeness, we ought to note that the PISA study noted that the great majority of pupils in England reported feeling safe in school—very similar to the OECD average—and were less likely than the OECD average to see the most serious manifestations of such behaviour, such as seeing gangs at school or seeing somebody with a weapon. It is absolutely true that schools must have the full range of measures at their disposal. There is no right level of exclusion, and it should not be used lightly, but it has to be there; it has to be available. Early in our time in government, we made it clear that teachers can use reasonable force.”
“My right hon. Friend and constituency neighbour has been a long-time champion on this matter, and I know his local work well. There are 701 free schools open, and a further 140-plus are in the pipeline. There is a current round of applications for consideration of special and alternative provision free schools, but further capital would be a matter for future spending reviews.”
“As the hon. Gentleman knows, we are conducting a review of RSHE guidance. These are important and sensitive topics and it is important to get them right. He will not have long to wait to see the results.”
“We are, as the hon. Lady will know, committed to ensure that reasonable costs for temporary accommodation and so on are covered in the immediate term and beyond, to make sure that capital costs are covered for either refurbishment or, in some cases, rebuild. There will be further detail to come before long.”
“I join my hon. Friend in thanking and paying tribute to all the staff, children and families at Bramhall High Street. She is a great advocate for them. Schools and colleges will be offered either capital grants to fund refurbishment or permanently remove RAAC, or rebuilding projects where they are needed.”