Education (Pupil Information) (England) (Miscellaneous Amendments) Regulations 2016 — House of Lords, 2016-10-31
Topic: Education
John Nash (Conservative, Centre-right): Obviously, it will not be as reliable as if they had, but it will be better than nothing. At the moment we just do not know and we are seeking a better picture. Frankly, many schools and, I am sure, parents, will understand why we want this information. Parents want their children to be educated better and they want them to be integrated into our school system better. We need to be better at doing that Having these data also helps us shine a light on where good practice is taking place. The new data on English proficiency will allow the department and individual schools to explore whether there is a better way of targeting specific children who need additional language support. I repeat loud and clear that the data on nationality, country of birth and language proficiency are not and will not be shared with the Home Office or police. There is a memorandum of understanding in place to this effect, to which a number of noble Lords have already referred. The MoU sets out the terms for sharing data with the Home Office and it reflects the need for practical arrangements between departments of state. It would be disproportionate to put this arrangement on a statutory footing. So far as our apparent refusal to publish this MoU is concerned, we anticipate publishing it shortly Where the police or Home Office have clear evidence of illegal activity or fear of harm to children, limited data, including a pupil’s name, address and some school details, may be requested. To be absolutely clear, this does not include data on nationality, country of birth or language proficiency. We have shared data with the Home Office in relation to 520 pupils in the past 15 months, set against 8 million pupils in our school system. It is a very small fraction, but a none the less valuable contribution to the Home Office fulfilling its duties of law enforcement Separately from the new data items, the DfE does support the reuse of our data by third parties such as academics and education research organisations when the use of it is both secure and in the interest of adding to the evidence of what works. Recent examples include independent academic analysis of the performance of academies, and others unpicking the recent improvement in outcomes for London schools to ensure that we can maximise what the data tell us about the best things to do next to improve education outcomes The data are also reused on websites such as schoolsguide.co.uk and in the Good Schools Guide, which help parents make sense of these complex data when making vital choices. The noble Lord, Lord Storey, asked about our procedures in this regard. We give extracts of our national pupil database out, but only under strict controls. We do not share nationality and country of birth data as part of this process. Access to sensitive data is strictly controlled by the DfE Data Management Advisory Panel, which is comprised of senior experts on the data and legal issues associated with the release of data The noble Lord, Lord Storey, and the noble Earl, Lord Clancarty, suggested that perhaps our NPD data are not secure. We believe that they are very secure because we have not had a leak in 16 years. However, we take data protection extremely seriously. All staff who work with data comply with the requirements of the Data Protection Act and undertake mandatory annual data handling training. In addition, all information assets are appointed an information asset owner to ensure that access to data is restricted to only those people who have been vetted and approved. All department systems used to collect, store or transfer personal data undergo regular IT health checks to ensure that they are secure, and these policies and the processes within them are regularly reviewed by the Government Internal Audit Agency to ensure that they are appropriate and effective I have responded to the point about this being optional by saying that it is better than what we have by a long way. The noble Lord, Lord Storey, asked whether financial support would be available to schools. Let us first get the information and analyse it so that we can work that out. I have already responded to the point made by the noble Earl, Lord Clancarty, about the circumstances in which the data would be made available to the Home Office. They can be requested only where there is a reasonable expectation that a crime has been committed or fear of harm. I hope I have reassured noble Lords about the intended use of the data that these regulations will collect and that I have allayed the fears and dispelled the myths that have grown up around them.