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Pupils: Travellers

Question for Department for Education

UIN 122192, tabled on 12 January 2023

To ask the Secretary of State for Education, with reference to the report by the Traveller Movement entitled Exploring why Gypsy, Roma and Traveller children experience the school to prison pipeline and how it can be interrupted, published in August 2022, whether she will implement that report's recommendations.

Answered on

19 January 2023

The department recognises the issues faced by Gypsy, Roma and Traveller children and young people and how education can make a positive difference. The report contained seven recommendations for the department and the following sets out how we are responding to those recommendations.

The report recommended that the clear disaggregation of Gypsy, Roma, and Traveller identities as adopted by the Office for National Statistics for the 2021 Census, should be implemented across the education sector. As the report references Gypsy, Roma and Traveller data was collected in Census 2021 and phase one of the data has now been released: https://www.ons.gov.uk/peoplepopulationandcommunity/culturalidentity/ethnicity/bulletins/ethnicgroupenglandandwales/census2021. We are currently reviewing the harmonised standard for ethnicity, with any potential question changes being released in 2024.

The report recommended that the department must ensure a race equality and diversity policy is made a statutory element of the Public Sector Equality Duty (PSED) for all schools. Already the PSED requires public bodies, including maintained schools and academies, to have due regard to the need to eliminate discrimination and other conduct prohibited by the Equality Act 2010.

Schools have specific legal duties to publish information to demonstrate how they are complying with the PSED, and to prepare and publish equality objectives. Schools are also required to publish information relating to those who share a relevant protected characteristic and who are affected by their policies and practices. It is for schools to develop their own strategies for meeting their duties, however, the department has published guidance for schools on how to ensure they comply with their duties under the Equality Act 2010.

In regard to education, health and care (EHC) plans, the report recommended that all schools must have the ability and resources to provide assessment of them when requested by a parent or guardian, including annual reviews. Also, local authorities should consider providing base-level EHC plans funding to all schools. The Special Educational Needs and Disabilities (SEND) and Alternative Provision (AP) Green Paper, published in March 2022, sets out our vision to create a more inclusive education system with excellent local mainstream provision which will improve the experience and outcomes for children and young people who need more intensive support. Amongst those consulted was the department’s GRT Stakeholder Group and we are committed to publishing a full response to the consultation through an improvement plan early in 2023.

The report also recommended that the department should require all school and academy trusts to establish an On-Site Inclusion Unit. In July 2022 we published updated guidance on Behaviour in Schools and Suspension and Permanent Exclusion statutory guidance. The Behaviour guidance makes clear some schools can choose to have pupil support units (sometimes called ‘in-school units’) which should be used for two main reasons: to provide planned pastoral support for vulnerable pupils and as a last resort measure to support pupils at risk of exclusion.

Additionally, the report recommended that expert headteacher panels should be established to provide final assessments for proposed permanent exclusions and the department should develop standardised reporting guidelines for monitoring the use of In-School exclusionary practices, and also develop guidance for best practice and use of in-school exclusionary practices.

The updated exclusion guidance is clear that, in all cases, schools should consider initial intervention to address underlying causes of disruptive behaviour which may minimise the need for permanent exclusion. Whilst a permanent exclusion may still be an appropriate sanction, schools should take account of any contributing factors.

The statutory process to review school exclusions is clear that governing boards have a role to review the decision of the headteacher to permanently exclude and if the governing board decides to uphold the permanent exclusion, the parents will have the right to an Independent Review Panel.