18:00 - The House divided: - Ayes: 212 / Noes: 304 - Question accordingly negatived.
18:15 - The House divided: - Ayes: 211 / Noes: 305 - Question accordingly negatived.
19:00 - The House divided: - Ayes: 305 / Noes: 204 - Question accordingly agreed to.
The Minister of State, Department for Education (Mr Nick Gibb)
I beg to move, That the clause be read a Second time.
Mr Deputy Speaker (Mr Lindsay Hoyle)
With this it will be convenient to discuss the following:
Government new clause 21—Charges at boarding Academies.
New clause 1—Tackling educational underachievement—
‘(1) The Secretary of State may, by order, in circumstances where an existing school has for the preceding two years or for three of the preceding five years failed to meet or exceed the “National Floor Standards”, disapply any provisions of the Academies Act 2010 to facilitate the making of an academy under section 4 of the Academies Act 2010 (Academy orders).
(2) For the purposes of this clause the term “National Floor Standards” means standards of educational attainment and progress of pupils established from time to time by the Secretary of State and in place at the time of the order and which may be applied retrospectively for the purposes of this section.’.
New clause 13—Schools Causing Concern and disapplication of the Transfer of Undertakings (Protection of Employment) Regulations 2006—
‘(1) The Academies Act 2010 shall be amended as follows.
(2) In section 4, at end insert— “The Secretary of State may by order disapply the Transfer of Undertakings (Protection of Employment) Regulations 2006 when making an academy order under this section if the school is eligible for intervention (within the meaning of Part 4 of the Education and Inspections Act 2006).”’.
New clause 19—Purchase by academies of places for pupils aged 14 at a private school—
‘(1) An Academy may apply its funds for the purpose of purchasing a place at a private school for a relevant pupil for the whole or part of the pupil’s remaining school career.
(2) For the purposes of this section, a relevant pupil—
(a) is a pupil on the school roll of the Academy; and
(b) is aged 14.’.
Government amendments 34, 35, 38 and 39.
Mr Gibb
Yes, and innovative sittings.
New clause 20 seeks to give pupil referral units in England greater autonomy, to enable them to provide vulnerable children with high-quality education and support. In the schools White Paper, “The Importance of Teaching”, we announced that we would give PRUs control over their budgets and staffing. We had intended to use PRU regulations to achieve the financial control aspect of that objective, but although we could do that, the regulations would become very complex and difficult to understand and use. The easiest and clearest way to achieve the objective is to amend section 45 of the School Standards and Framework Act 1998, so that the provisions on school finances apply to PRU management committees. That is what new clause 20 does.
This is a small change, but its effect will be significant, and we believe that it will be an important driver for further improvement in the PRU sector. In common with our other education reforms, it is based on the trust that we place in the teaching profession and our desire to give schools of all kinds the freedom and autonomy to run their own affairs.
Kevin Brennan (Cardiff West) (Lab)
Will the Minister explain how each PRU’s budget share will be calculated?
Mr Gibb
The finance regulations will apply to PRUs in the same way that they apply to maintained schools, and, of course, we are currently consulting on the entire school funding arrangements.
The purpose of new clause 21 is to ensure that rights enjoyed by pupils in boarding academies are the same as those in maintained state boarding schools. Under section 458 of the Education Act 1996, local authorities are required to remit boarding fees for pupils from their area who are attending state boarding schools in certain circumstances. Those provisions apply solely to maintained schools. When section 458 was enacted, there were no academies, and as a number of boarding schools are taking the opportunity to convert to become academies, we want to ensure that the pupils at those boarding academies continue to have their right to be considered for a remission of boarding fees safeguarded. So the new clause mirrors the provisions in section 458, with the exception that we are not mirroring subsection (1), which enables local authorities to charge fees for boarding. That provision is unnecessary in the case of academies, because the funding agreement allows academies to charge boarding fees. It must be right that on the remission of boarding fees we have a level playing field in our treatment of pupils at maintained and academy boarding schools.
Government amendments 34 and 35 are being introduced so that some of the pupils who would most benefit from good alternative provision—AP—can be referred to AP academies.
Kevin Brennan
I am grateful, again, to the Minister, and I think that it sometimes saves us time if we do things in this way.
On new clause 21 and amendment 38, what safeguards are in place to ensure that excessive fees cannot be charged to the state in relation to independent boarding schools that become academies?
Mr Gibb
Ultimately, it is up to the local authority as to whether it remits boarding fees. These powers are rarely used and apply only in two very limited circumstances. The first is where no other educational provision that is needed for the particular pupil is available in the area. The second, as an alternative, is where the parent is suffering financial hardship, and in those circumstances the local authority can take into account how much it remits. So it is very much up to the local authority to make the decision, and of course it would not be persuaded to pay unreasonable figures in those circumstances.
On Government amendments 34 and 35, the current wording of clause 51 means that an AP academy would be restricted to taking a majority of its pupils as referrals by local authorities under section 19 of the Education Act 1996, which places a duty on local authorities to make arrangements to provide education for children who, because of illness, exclusion or otherwise, would not receive suitable education unless those arrangements were made. That restriction arises because of the definition of “alternative provision”, which is why there is a restriction on the amount of children that can be taken as a result of other referrals.
We know that, in addition to those children, the AP sector also provides education and support for pupils referred to it by schools for early intervention to tackle behavioural problems. We want to encourage greater use of early intervention, which can re-engage a child and address behavioural problems at an early stage and, thus, reduce the risk of permanent exclusion. That type of intervention benefits both the child, whose education is less disrupted, and the school, which can ensure that other pupils’ education is not disrupted by poor classroom behaviour. The trial that we will run of a new approach to exclusions will help us to understand how schools can most effectively use early intervention in this way.
We want AP academies to be responsive, and it makes no sense to restrict the proportion of children that they can take from school referrals. Alternative provision academies will be assessed against rigorous criteria in order to obtain academy status, and they will be accountable through their funding agreements or grant arrangements, and through Ofsted inspections. The high level of accountability should mean that they are among the best providers, and we want them to be able to accept the children who most need their provision, regardless of whether they are referred by schools or by local authorities.
Kevin Brennan
Will the Minister confirm that full data and statistics will be kept on the number of pupils being referred in this way, just as they are for exclusions?
Mr Gibb
Local authorities will, of course, keep records. Our trial is being run precisely to tackle the problem that the hon. Gentleman is hinting at. We want to make sure that the responsibility for what happens to pupils once they are excluded is retained in the system, which is why we are running the trial from this year to see whether we can move that responsibility to the schools where the pupils are originally registered.
Kevin Brennan
Clearly, if pupils are no longer being excluded as an alternative provision referral is being made, it is important that that is properly monitored and followed. Will the Minister confirm that we will have a clear picture, across the board, of what is happening on referrals to alternative provision, just as we do on exclusions?
Mr Gibb
I will write to the hon. Gentleman to make sure that I am giving him an accurate response on the data collection issues to which he is referring. Of course the funding for places at an AP academy will come through the system, where a record will be kept to make sure that that funding is properly allocated. He is referring to the national collection of data, and I will write to him about that to make sure that we have the case precisely summarised.
Meg Munn (Sheffield, Heeley) (Lab/Co-op)
This discussion is important. The Minister will know that many Labour Committee members were particularly concerned about vulnerable children, so will he explain why we are discussing this now, why these provisions were not introduced earlier and why we have not had a proper chance to debate at length these fundamental issues, which he knows to be of great concern to Committee members?
Mr Gibb
The issues were raised in Committee, and these are technical amendments—they are about getting the wording of the provisions right. These things could have been done in a more cumbersome way, but we decided to deal with them in the Bill, so that the provisions are made simpler for people who read it. There is no policy difference between what we discussed in Committee and what is set out clearly in the White Paper.
Government amendment 39 is even more technical. It seeks to correct a missed consequential amendment in the Bill. It removes a reference in section 77(3) of the School Standards and Framework Act 1998 to section 77(4) because, if the Bill is passed, paragraph 17(4) of schedule 14 to the Bill will remove subsection (4) from section 77, so we do not want any references to section 77(4) in the Bill. I urge hon. Members to support the Government amendments and new clauses.
Kevin Brennan
I am grateful to the Schools Minister for that answer, which is very helpful.
On amendments 34 and 35, I would be grateful if we could have an assurance that there is no risk that pupils will be referred unnecessarily under these provisions or that there will be a huge increase in the volume and therefore the cost of alternative provision. What safeguards are in place to ensure that pupils are not simply referred out of mainstream schools and into alternative provision because, for example, their academic performance is not up to scratch as regards hitting their English baccalaureate targets or because schools want a way of dealing with pupils with special educational needs? I would be grateful if the Minister could assure us that strict safeguards will be in place to ensure that the new alternative provision approach cannot be abused in such a way by any schools that are seeking to hit any particular targets on special educational needs and academic achievement. Who will pick up the bill in such cases? Will it be the referring school or the local authority?
Finally, the Minister mentioned the technical Government amendments, and I am grateful for his explanation of them.
Mr Sam Gyimah (East Surrey) (Con)
I wish to speak to new clause 1, tabled by my hon. Friend the Member for Bedford (Richard Fuller), which I wholly support. It suggests that we should be able to disapply the provisions of the Bill, especially when we are trying to help very disadvantaged children. I think that all Government Members, including those who were involved in Committee, agree that that is ultimately our purpose, although we may not always agree on the means.
The arguments that my hon. Friend has put forward are right. On being radical, I think that the Government can go forward in helping poor and disadvantaged children. Currently, there are more than 1,000 failing schools across the country. Less than 35% of children get five GCSEs at grades A* to C, including in English and maths. Less than 55% of primary school children reach the expected level at key stage 2. All we can say—most Government Members agree—is that too many children are being let down.
If we are serious about reforming our education system so that it has a bright future—and most politicians talk about that in their election literature when they say that they are committed to education—we have to do it now. We have the opportunity and we must take it now. That is why I urge the Minister in my new clause 13 to consider disapplying the Transfer of Undertakings (Protection of Employment) Regulations in the case of failing schools. Some might consider that an unusual new clause. I firmly believe in employment rights, for people who work in the private sector as much as for people who work in the public sector, but when a school fails, it is often because the teachers have let the children down. We should consider whether all those terms and conditions should be transferred across.
I wish to make two further points. First, we must consider the cost involved in transferring across all the terms and conditions, which can add up to about £100,000 for the local authority and the Government. Secondly, we must also consider the bureaucracy involved in doing that. Of course we have to go through a consultation process, unless that has been agreed with all the staff before the academy opens, but I think that it is important that we give the Secretary of State the power to disapply those provisions when they think it necessary to do so. That is because there is only one objective here: we want to ensure that our duty is not to the teachers who may have failed the students, but primarily to the children. This is a probing new clause, and I urge the Minister to consider it seriously.
Mr Gibb
I will speak first to new clause 1, tabled by my hon. Friend the Member for Bedford (Richard Fuller), and new clause 13, tabled by my hon. Friend the Member for East Surrey (Mr Gyimah), who both served, alongside my hon. Friend the Member for Stevenage (Stephen McPartland), on the Bill Committee. I welcome the strong support for the Government’s expansion of the academies programme that lies behind both new clauses. There are now more than 650 academies, more than two thirds of which have opened since September 2010, and that is equivalent to more than two every working day. I am proud that the coalition has achieved this pace of expansion in its first year in office. I believe that it is vital to ensure that the benefits of academy status are used to address underperformance in our education system.
As my hon. Friends will know from their scrutiny in Committee, the Bill includes measures to strengthen the Secretary of State’s power to intervene in underperforming schools. We are strengthening those powers to ensure that we can take the necessary action to invite an effective academy sponsor to transform a school where children are receiving an unacceptably low standard of education and the governing body and the local authority are reluctant to intervene.
My hon. Friend the Member for Bedford mentioned exclusions, special educational needs and, in particular, children with autism. I welcome his support for the Green Paper on special educational needs and disability. He is right to raise those issues. I, along with officials, recently met the Special Educational Consortium to discuss the matter. I look forward to continued discussion with it on the Bill as it progresses through the House and another place. He rightly highlighted the fact that even with the Bill’s new provisions, many schools will still not be eligible for intervention, despite performing below the minimum floor standard. Ofsted’s inspection judgments in recent years have not always paid sufficient attention to the quality of teaching when identifying schools that require special measures or a notice to improve. I welcome the fact that the changes to the inspection framework proposed by Ofsted start to address that issue.
I share my hon. Friend’s concern that no excuses should be made for low standards. He may be right that the current proposals do not go far enough in allowing my right hon. Friend the Secretary of State to intervene swiftly in schools that perform below the minimum floor standard. However, we need to be sure that, in any changes we make, there are appropriate safeguards in place for schools to ensure that the Secretary of State is not left open to legal challenge that might continue to frustrate the conversion process.
On new clauses 1 and 13, I sympathise with my hon. Friends’ desire to ensure that unnecessary hurdles do not get in the way of the efficient transformation of poorly performing schools. However, there is a need to ensure appropriate safeguards. We have been convinced by the weight of opinion across both Houses that appropriate local consultation should inform conversion to academy status. The ability to disapply such requirements when converting poorly performing schools, as proposed in new clause 1, is not something we are seeking. For those reasons I cannot accept the new clause.
Mr Mark Field (Cities of London and Westminster) (Con)
Does the Minister not recognise some of the concerns felt by Government Members? One of the fundamental problems is that often there are not articulate parents who can make the difference in those failing schools and provide the safeguard to ensure that children’s need are properly looked after. It is for that reason alone that we would like some additional powers in the hands of the Secretary of State, along the lines of those outlined new clause 1.
Mr Gibb
My hon. Friend makes an important point, and I am not unsympathetic to the views he expresses. I know how concerned he is about educational standards, and the Government are committed to raising standards throughout the system, particularly in inner-city districts, such as those he represents, where there are areas of deprivation that are not well served by schools.
We believe, however, that we do have significant powers. It is always open to argument that more are needed, but we believe that there are sufficient powers, and the Department, headed by my right hon. Friend the Secretary of State, is determined to raise standards and is actively seeking sponsors to take over the leadership of schools that do not provide the necessary quality of education. The pressure, help and assistance coming from the Department means that people will be able to make proposals—more articulately than I am being at the moment—locally, but that does not mean that, at the same time as an academy proposal is going forward, there should not be a consultation process enabling all local people to put their views forward.
Richard Fuller
Does my hon. Friend agree that a consultation process that requires and comprises a public meeting for local parents, but which the teaching unions, the Anti Academies Alliance and the Local Schools Network flood with activists who have little or, in many cases, no adherence to the community in which that school would be located, is hardly public consultation?
Mr Gibb
My hon. Friend makes an important point. There is no requirement to conduct a consultation in a specified way, and we have been careful not to introduce one, because every consultation should be adapted to local circumstances. We want to be flexible about how local consultation takes place and, before reaching a decision, the Secretary of State will look realistically at the local extent of that consultation in order to ensure that it has been genuine.
I share the view of my hon. Friend that, when meetings are packed with political activists who are not necessarily even from the local community but there to deliver their own ideological message, that is not genuine consultation. When a meeting is held and the overwhelming opinion expressed by those people gives the impression of one view, the Secretary of State will look through that to see what the genuine view is of local people in the community. He wants to ensure that the consultation has been extensive and has included local people, so, when local people have in effect been excluded by such activity, he will take that into account before reaching a decision. There is a need for appropriate safeguards, however, and we have been persuaded by the weight of opinion across both Houses to ensure that there is proper consultation.
New clause 13, in the name of my hon. Friend the Member for East Surrey (Mr Gyimah), explores the possibility of disapplying the TUPE regulations in schools that are eligible for intervention and that the Secretary of State wishes to transform through conversion to academy status. My hon. Friend will know that the Transfer of Undertakings (Protection of Employment) Regulations 2006, which the new clause seeks to disapply, were implemented in response to the European acquired rights directive. In line with European legislation, they set out the circumstances in which they must be applied, preserving an employee’s statutory duty and contractual employment rights through any transfer process. Disapplying those regulations for staff in converting schools would mean that such staff were unprotected when compared with other employees whose employment is transferred from the public sector.
I gave assurances in Committee that the rights of staff when transferring from the employment of a maintained school to an academy trust are protected by TUPE, but the application of TUPE at conversion does not mean that staffing cannot be reviewed and restructured after conversion—just as it can be before. We are clear about the need for school work force reform to improve the quality of teaching. We want to make it easier for schools to tackle poor performance by helping underperforming teachers to address their professional weaknesses or by enabling head teachers to deal more quickly with entrenched underperformance.
I listened carefully to my hon. Friend’s argument, and he will have some support for the views that he expresses.
Mr Graham Stuart (Beverley and Holderness) (Con)
I share the sentiments expressed by my hon. Friend the Member for East Surrey (Mr Gyimah) about the need to put the interests of the children first, but, as he said that it was a probing new clause, it would not be right to weaken the protection of those who teach and work in some of our toughest and most challenging schools. We have to send out the message—I think my hon. Friend the Minister has just done so—that, although we will protect and support the rights of the people who work in the toughest schools, we will ensure that we have a performance management framework that challenges underperformance, and we will not be afraid to restructure when putting new measures in place.
Mr Gibb
My hon. Friend is right, and the Government are committed to protecting those employment rights.
The underperformance of teachers is not necessarily the only reason why schools underperform; there is a whole host of reasons, one of which is that schools are burdened by bureaucracy. One key measure that we implemented in the opening months of the Administration was a reduction in the amount of bureaucracy and prescription that has been heaped on teachers over the past 10 years. With those few comments, I hope that my hon. Friend the Member for East Surrey will not press his probing new clause any further.
I turn to the new clause tabled by the right hon. Member for Birkenhead (Mr Field). We welcome the many initiatives in the independent schools sector, assisted by the schools themselves through bursaries and scholarships and by many charities, to support children who would not otherwise be able to receive an independent school education. The right hon. Gentleman may have seen the article in The Times today by Lord Adonis and Anthony Seldon, the headmaster of Wellington college, urging the independent sector to sponsor more academies, and we share the views of those two contributors. That should be happening, and we want to see more independent schools sponsoring academies, but the Government’s priority is to transform the state education system so that all children are able to access a good-quality education regardless of their background.
Our independent schools provide some of the best education in the world, according to the OECD and other commentators, and we are keen to encourage greater collaboration between the sectors so that best practice can be shared and schools can work more effectively together in the best interests of pupils and staff, but the right hon. Gentleman’s new clause is neither desirable nor necessary.
An academy is free to further its education objectives by using any funds it is able to raise through charitable donations or other similar sources, but academy funding agreements regulate the way in which such schools can use taxpayer funding. The general annual grant paid by the Secretary of State can be spent by an academy only on its normal running costs, and we have no intention of changing that. That does not mean academies cannot buy in additional support from independent schools or collaborate with them on joint provision, but the bulk of state funding should rightly be used to raise educational attainment and standards for the benefit of all pupils in the academy.
Mr Gibb
I have no idea what the view of the House would be. I am not sure that the right hon. Gentleman would have huge support from Opposition Members, or that all elements of the coalition would necessarily support his proposal. I am not sure what the outcome of such a vote would be, but I am not convinced that his proposal is the right thing on which to use scarce taxpayers’ money.
Stephen Phillips
The Minister has quite rightly stressed the importance of using the funding for academies to raise academic standards and to deliver the best education for all pupils in them, but the new clause that the right hon. Gentleman seeks to introduce, at least in a probing way, does not detract from that. It says that the most able pupils should be able, at a marginal cost, to go to what the Minister himself has said the OECD describes as some of the best schools in the country. I am sure that the right hon. Gentleman will not press his new clause, which is a probing measure, but will the Minister keep an open mind? At the moment, he has given no principled reason why the proposed change should be rejected.
Mr Gibb
I have listened to my hon. and learned Friend with great care, and he makes his case persuasively, but our principled view is that we want to see standards raised across the state sector. With 93% of pupils in our education system attending schools in the state sector, we want to ensure that every school in that sector caters for pupils of the kind that he and the right hon. Member for Birkenhead are talking about. Mossbourne community academy in Hackney serves one of the most deprived parts of this country; 50% of its pupils qualify for free school meals. More than 80%—I think nearer to 85%—of students at that school achieve five or more GCSEs at grades A* to C, including English and maths, and this year they have had 10 offers of Oxbridge places. How many comprehensive schools of which hon. Members are aware have had 10 Oxbridge places offered in one year?
Mr Frank Field
I make one last plea to the Minister. My constituents are not interested in a sectarian Government saying that they wish to raise standards in the state sector. My constituents wish to see standards raised, and they are not concerned about which sector is used to achieve that objective.
Mr Gibb
I share that view. There is too much sectarianism in education. There should be more working between the independent sector and the state sector. I should like us to look at the methods that are used in the independent sector to see what can be learned from it. Indeed, many of those in the independent sector tell me that they want to learn from what is happening in some of the best schools in the state sector. There should be greater movement between the two sectors, and we are committed to that. We share the views of Lord Adonis and Anthony Seldon in the article that they jointly wrote for today’s edition of The Times.
Mr Mark Field
The Minister refers to principles. Does he accept my view that an important academic and educational principle is that it is as important to look after the special educational needs of the most gifted academic children as it is to look after the needs of those who are less gifted? The concern expressed by the right hon. Member for Birkenhead (Mr Field) in his new clause is that all too often the special educational needs of some of the most gifted are ignored.
Mr Gibb
My hon. Friend is right. We need to ensure that our comprehensive schools are genuinely catering for children of all abilities, and that those able children are as well catered for in comprehensive schools as they are in schools that specialise in children of that ability, whether in the independent sector or the state sector. The point I was making to the right hon. Member for Birkenhead and to my hon. and learned Friend the Member for Sleaford and North Hykeham (Stephen Phillips) is that the state sector has many examples of where such children are extremely well catered for, and that is why some schools in the state sector have very high levels of entrance to Oxbridge and to Russell group universities. It is our view that if it can be done in those schools, it can be done throughout the state sector. We are determined to have a state education system that can deliver a high-quality education for children of all abilities, including the children that my hon. Friend the Member for Cities of London and Westminster (Mr Field) mentioned.
The hon. Member for Cardiff West (Kevin Brennan) asked about unnecessary referrals to alternative provision academies or to pupil referral units generally. There are three routes by which pupils can be referred to a PRU: first, through section 19 of the Education Act 1996 on placements by local authorities; secondly, through section 100 of the Education and Inspections Act 2006, which was introduced by the Government of whom he was a member, under a duty on schools and academies to provide education for pupils on fixed-term exclusions of more than five days; and thirdly, through section 29A of the Education Act 2002, under which a maintained school can direct a pupil to be educated off-site for the purpose of improving behaviour. Each of those routes carries its own safeguards, which will remain in place. That will ensure that alternative provision academies will provide for pupils who can most benefit from that provision.
My hon. and learned Friend the Member for Sleaford and North Hykeham talked about the need to ensure that there are sufficient places in primary schools, particularly in rural areas. We recognise that the large increase in the number of children of primary school age means that more schools are needed. We have made the funding available to meet that increase, and the academy free schools programme will add to that provision. We are very well aware of these issues. The birth rate has been increasing since 2001, and we are absolutely determined to ensure that there are sufficient places.
With those few comments, I commend new clause 20 to the House.
Question put and agreed to.
New clause 20 accordingly read a Second time, and added to the Bill.
New Clause 21
Charges at boarding Academies
‘After section 10 of AA 2010 insert—
“10A Charges at boarding Academies
(1) This section applies where—
(a) a registered pupil at an Academy is provided with board and lodging at the Academy, and
(b) the local authority for the pupil’s area is satisfied that either condition A or condition B is met.
(2) Condition A is that education suitable to the pupil’s age, ability and aptitude, and to any special educational needs the pupil may have, cannot otherwise be provided for the pupil.
(3) Condition B is that payment of the full amount of the charges in respect of the board and lodging would involve financial hardship to the pupil’s parent.
(4) If the authority is satisfied that condition A is met, the authority must pay the full amount of the charges in respect of the board and lodging to the proprietor of the Academy.
(5) If the authority is satisfied that condition B is met, the authority must pay to the proprietor of the Academy so much of the charges in respect of the board and lodging as, in the opinion of the authority, is needed to avoid financial hardship to the pupil’s parent.
(6) The proprietor of the Academy must remit the charges that would otherwise be payable by the pupil’s parent, to the extent that it receives a payment from the local authority in respect of those charges under subsection (4) or (5).”’.—(Mr Gibb.)
Brought up, read the First and Second time, and added to the Bill.
Mr Frank Field
On a point of order, Mr Deputy Speaker. I am not pressing my new clause, even though the Minister could have had his speech written for him by old Labour, which I think will be noted. I wish for the proceedings to go forward as expeditiously as possible.
Andy Burnham
Take two. I will speak to new clause 10 and amendments 9, 10, 11 and 13, which are in my name and those of my hon. Friends. Our main objection to the Bill is that it takes power away from parents and pupils, particularly at crucial moments in the education journey. Decisions about admissions and exclusions can be life-changing for children, and giving parents the power to challenge them is an essential part of any fair school system. Over the past decade, improvements have been made to ensure fair admissions in English schools, and the Bill will take those safeguards away. It will severely weaken parents’ rights in respect of admissions at both local and national level, and it will limit their ability to seek redress both for their own children and for others who come after them. That would be bad in any event, but when we consider that weakening of accountability in the wider context of the education system that the Government are building—a highly competitive free market—we see that it represents a real danger to the life chances of our children, particularly those with the least support.
Let us put the Government’s changes to admissions in that wider context. First, in time, there could be more than 20,000 separate admissions authorities operating in a free market, accountable only to the Secretary of State and able to bypass local checks and balances. Secondly, on top of that free-for-all we will have the polarising effect of the narrow, academic English baccalaureate. In the competitive education market, schools will desperately try to raise their bac scores, and we can see how the risk will emerge of admissions policies being constructed to support that attempt. Now is emphatically not the time to weaken the powers of the schools adjudicator to rectify non-compliance with the admissions code. With the checks and balances gone, there is a real and present danger that there could be more unfairness in the system and that parents will find it harder to get fair access to good schools.
Andy Burnham
Yes, we do, but that is not the central point. In making that move, the Minister is weakening the overall powers of the Office of the Schools Adjudicator and taking away its teeth. We hear that he is also about to weaken the admissions code—I will come on to that in a moment.
My greatest fear is that in Gove’s world, less academic children, those with less parental support and those with special educational needs will be the biggest losers. The Secretary of State is creating by the back door what, as we have just heard, his own Back Benchers are today enticing him to create by the front door—an elitist, two-tier system that is good for some children and some families, not all children and all families. We need safeguards for all parents, and I implore the House to vote to keep them. Otherwise, we will leave uncorrected the real flaw that lies at the heart of the Government’s vision for the reform of public services.
In education and in health, if the Government plan more freedom and autonomy for providers, it is absolutely essential that the change is accompanied by a corresponding empowerment of the public and a greater ability for the users of services to hold providers to account. If the Government do not increase people’s voice, they will create a provider’s market, a free-for-all with an accountability deficit. If primary care trusts or local authorities are no longer there to ensure fairness for all, it is crucial that we keep and strengthen the mechanisms that protect the rights of patients and parents.
The Minister for Further Education, Skills and Lifelong Learning (Mr John Hayes)
How does the shadow Secretary of State reconcile his rather jaundiced view of the Government’s commitment to vocational education with our stated and funded commitment to boost the number of apprenticeships for 16 to 18-year-olds?
Andy Burnham
That is not the full answer. If schools are being judged by the gold standard of specific GCSEs, does the hon. Gentleman not accept that he is creating a real disincentive for schools to focus on the kids who are not taking those subjects? I know that he cares about vocational education, and I look to him to give us some more convincing answers that show that the Government are committed to those young people.
Andy Burnham
I sympathise with the Chairman of the Education Committee. I am reading into what he says the impression that he fears the effect of the English baccalaureate on the proposed free-for-all system, in which there is no power at local level to challenge what schools are doing, and in which the adjudicator does not have the teeth to rewrite admissions policies. I am sensing that the hon. Gentleman has real worries about that, and I ask him to urge those on the Government Front Bench to sort it out, before we drive real unfairness into our school system.
Yes, we should have a system that measures every child’s progress in the important things such as maths and English—that will be the bedrock of any system—but I fear that the English baccalaureate is a highly divisive tool that will set some children against others and give schools the wrong incentive.
Mr Gibb
Is the right hon. Gentleman aware that English, maths and double science are already compulsory up to the age of 16, and that until 2004 a modern language was compulsory up to 16? Therefore, only history or geography are added in the English baccalaureate—and they are compulsory up to 14. What is it about history or geography that he so opposes?
Andy Burnham
That is utter nonsense from the Minister, who made, with his Secretary of State, great play of autonomy for schools and teachers when in opposition. They complained about top-down prescription from the previous Labour Government, but will he accept that the English baccalaureate is far more prescriptive than anything we ever did? If so, how does he square that with his previous statements?
Mr Gibb
The English baccalaureate is not compulsory or prescriptive. It is also not an accountability measure; the accountability measure remains five or more A to C GCSEs including English and Maths, and the floor standard is 35% of those in a school achieving that. This is not a compulsory combination of GCSEs, but one of many measures that our transparency agenda ensures will be put into the public domain.
Andy Burnham
As my hon. Friend the Member for Cardiff West says, this is a nudge with a loaded gun. Of course schools will focus on the English baccalaureate! If the Minister expects us to believe that that will not happen, he is taking us for mugs. The baccalaureate will obviously drive behaviour in our school system. The Ministers know that that is what they are doing, but they are trying to pretend that it will not happen. I am telling the Minister that it will.
Mr Gibb
Several amendments from right hon. and hon. Members relate to fair access to schools, and I propose briefly to take them in turn.
New clause 2 would allow independent schools to enter the state-funded sector while remaining academically selective. The independent sector provides high-quality education for its pupils. We recognise this, as does the OECD; it is recognised throughout the country and, indeed, throughout the world. That is why the Academies Act 2010 enables good independent schools to become free schools so that more pupils can benefit from attending them. Independent schools wishing to become free schools will need to adopt non-selective admission arrangements that comply with the school admissions code. They may, of course, remain selective within the independent sector.
I understand the sentiments and motivation behind the new clause tabled by my hon. Friend the Member for Altrincham and Sale West (Mr Brady). He wants more good school places to be available in the state sector; that is the driving force behind the Government’s free school policy. As he said, independent schools came into the state sector under the previous Government, not least Belvedere school in Liverpool and William Hulme’s grammar school in Manchester. However, I suspect that selection is not as paramount an issue for independent schools coming into the state sector as he believes. I give him this assurance: the Secretary of State and I will talk to any independent school, whether selective or otherwise, about moving into the state sector so that we can increase the number of good school places. Selective independent schools are required to open up their admissions if they come into the state sector, and we have no plans to change that. I would expect that my hon. Friend, in his principled way, will continue to argue his case as effectively as he has today.
Mr Brady
I assure my hon. Friend that I will continue to argue the case in a principled way if I can. I take it from his remarks that there is no principled objection to the existence of selective academies, because several of the new academies are selective schools, and no principled objection to independent schools becoming academies. He has kindly said that he and the Secretary of State will be prepared to meet the heads of selective independent schools that may wish to become academies. Perhaps he could help me a little further by indicating that he sees no immovable reason why in future the Department might not change its policy and allow good schools from the independent sector to become academies, opening up places to children regardless of the ability to pay, even if they are selective schools.
Mr Gibb
I thought that I had made the position clear. There are no plans to change that approach. We made it clear before the election that there will be no increase in the number of selective schools, and that remains the policy. I am sure that my hon. Friend will continue to argue his case very effectively.
Mr Brady
I would hate good people involved in education to waste their time, so I want to be clear about whether it is worth good independent selective schools having the conversations that the Minister has generously offered with himself and the Secretary of State. Do they have open minds on whether those schools might be able to join the academies sector in future without changing their ethos?
Mr Gibb
I really cannot add anything to what I have said. We will talk to good independent schools, selective or otherwise, that wish to come into the state sector. However, the admissions code is there, it is clear, the legal position is clear, and there are no proposals to change that position.
Mr John Redwood (Wokingham) (Con)
The Minister said that there was an objection to increasing the number of selective schools. Of course, the proposals of my hon. Friend the Member for Altrincham and Sale West (Mr Brady) would not increase the number of selective schools, but merely transfer them from the independent sector to the state sector, meaning that more people from a wide variety of backgrounds would have the opportunity to go to them. I would have thought that that was wholly admirable. The two most popular schools in my area are grammar schools in Reading. Parents want to get their children into those schools, but some of those who do not get in are extremely bright and able, and they get to elite universities from comprehensives, despite the creaming of the grammars. That is a perfectly stable and good system, and I cannot understand why the Minister does not back it.
Mr Gibb
I cannot say more than I have said. We gave a commitment that we would not increase the number of selective schools in the state sector. If we were to do as my hon. Friend the Member for Altrincham and Sale West and my right hon. Friend the Member for Wokingham (Mr Redwood) wished, it would contravene that commitment, which we gave before the election.
Kevin Brennan
In answer to the question from the hon. Member for Altrincham and Sale West (Mr Brady), surely such schools would be wasting their time, given that the coalition agreement says that all new academies will have “an inclusive admissions policy”.
Mr Gibb
No, they would not be wasting their time, because I am not convinced that these issues are deterring good independent selective schools from coming into the state sector. That is certainly not the case with Batley grammar school, and I am sure that it is not the case for other good independent schools, selective or otherwise, that wish to come into the state sector.
New clause 10 would amend the general duty on the Secretary of State to promote the education of the people of England and Wales to include a duty to
“ensure fair access to opportunity for education and training.”
Equity coupled with excellence is at the heart of the schools White Paper, the Green Paper on special educational needs and this Bill. Fair access is about more than admissions; it is about ensuring that every school is worthy of parents’ consideration, that every school is able to raise standards free from red tape, and that every school supports the most vulnerable children. Everything we are doing in the Department is geared to support that aim: the pupil premium allows funding to follow disadvantaged pupils, we are spending £800 million in 2011-12 to meet the pressure for places at good schools, and our behaviour reforms are intended to make every classroom a safe place to learn.
It should be absolutely clear that we do not disagree with the thrust of new clause 10. Of course it is the job of all those involved in education to ensure that all children have the opportunities they need to succeed, but local authorities already have that duty, and that is where the duty is most appropriate. Local authorities have the duty to secure the provision of education for people in their area, and they have the levers to achieve that. Localism is about ensuring that powers are given at the right level, and it is right that duties go alongside that. Fair access is and should be driven locally, not by a Whitehall-focused duty. I therefore urge hon. Members not to press new clause 10.
Mr Gibb
I think the hon. Lady and, in particular, the shadow Secretary of State overstate their case. We are not just extending the right to access the adjudicator to parents of children attending academies, who can now complain to the adjudicator about admissions arrangements, we are also changing the rules on which parents and members of the public can complain to the adjudicator about a school’s admissions arrangements. We are saying that any parent from anywhere can make such a complaint. We are widening the ability of parents and members of the public to complain to the adjudicator.
I turn to amendment 9. Although, again, I agree with the aim of ensuring fair access, I do not believe that the amendment is necessary. The admissions code is entirely about fairness, which is why we have an admissions system for schools. I can assure hon. Members that in our work to revise the admissions code and make it more straightforward, we have not in any way removed the focus on fairness.
Andy Burnham
The Minister has just mentioned the work to change the admissions code. Will he tell us today why he has not fulfilled his commitment to produce the code in advance of this debate? Will he be honest about the reason for the delay? Is it because there is a row going on about the content of the admissions code, so he cannot bring the issue to a conclusion?
Mr Gibb
As I said in Committee, the revision of the admissions and appeals codes is a huge undertaking, and we need to ensure that we produce an admissions system that is fit for purpose and puts trust back in schools and head teachers. We are determined to get the codes right, not just push them out quickly. We will consult on them shortly, and they will free schools of the burden and bureaucracy of the current system.
Sometimes I feel that the right hon. Gentleman overstates his case. If he looks at the Bill, he will see that there is one clause about admissions, clause 34, and it relates to admission forums and one or two of the powers and duties of the schools adjudicator. There is nothing in it about the admissions code, it just happens that at the same time as we are bringing the Bill through, we are revising the code. I would have liked to bring it before the Committee, but the work on it is extensive. As I said, we are ensuring that it is right before it is published for consultation.
Andy Burnham
That is just not an acceptable answer. The Minister gave a commitment that the code would be ready for the remaining stages of the Bill’s passage, and he has not delivered on that commitment. I ask him again: why has he been unable to publish a code for the House to consider? What is holding it up?
Mr Gibb
Well, frankly, it does not affect the issues in the Bill. There is one clause related to admissions, which is about admission forums and the adjudicator, and as I will explain, the changes that it makes are not as radical as the right hon. Gentleman claimed in his speech. Again, I thought he overstated his case.
Although I agree with the aim behind amendment 9, I cannot agree to it. Admissions policies must be consulted upon with the local community, and every state-funded school and academy in an area signs up to the fair access protocols to ensure that the most vulnerable children are placed without delay. Failing local resolution, objection can be made to the independent schools adjudicator for a binding decision that must be complied with. I therefore feel that we must resist the amendment, which would add little to the practice of admissions or the accountability that is already in place.
I turn to amendments 10 and 11, on admission forums. As I said in Committee, local authorities and the communities that they serve must be allowed to make their own decisions on what systems will work for them. It cannot be right to assume a need in every area, and at considerable cost. Last year, a mere 14 out of 152 admission forums wrote a report, seven of which were too late to be considered by the adjudicator. Only five objections out of the 151 received by the adjudicator were made by a forum, and four of those were from one particularly active forum.
Where they are valued, those admission forums can continue. Seeking to impose a one-size-fits-all system, as proposed in the Opposition amendment, is the wrong approach. In taking the line that he has taken, the right hon. Member for Leigh (Andy Burnham) has overstated his case about what the Government are doing in the Bill. All we are doing is making admission forums non-mandatory. They can of course continue where they are wanted.
Pat Glass
However much the Minister values schools forums, they are the only mechanisms through which parents have any input into their local admissions agreements. Surely it cannot be right that parents in one local authority have access to a forum when parents in the neighbouring authority do not. That will create a postcode lottery. The local authority can effectively cut out the parents whose needs are greatest by not having a forum. Surely that cannot be right.
Mr Gibb
There is a philosophical difference between the Government and Opposition. We do not believe that the Whitehall-constructed approach, which means that things are identical throughout the country, is right about how to deal with anomalies that might occur. We think that a more localised approach is better. Of course, parents can object to admissions arrangements via many avenues. They can take part in the consultation or lodge an objection with the independent schools adjudicator, for example. In addition, as I said earlier, we are expanding parents’ right to object via the schools adjudicator to schools that are not within their area. That, rather than the top-down, prescriptive, bureaucratic approach, is the right approach. Those are very real problems, and we want to address them. We want to ensure that parents can comment on admissions arrangements and that those arrangements are fair, but we also want to reduce bureaucratic burdens.
On amendment 13, one perceived problem with making admission forums non-mandatory is that concerns about admissions will go uninvestigated. However, that is not true. In fact, admission forums never had a power to make decisions on admissions. That role remains with the Office of the Schools Adjudicator, and the Bill will extend his role so that in future, he can investigate and adjudicate on complaints about admissions at academies and free schools. The Bill also gives power to schools and local authorities to put things right for themselves when the adjudicator judges that their admissions arrangements are non-compliant.
Amendment 13 would provide for a wide-ranging local authority power of scrutiny and direction over admissions authorities following a binding decision by the adjudicator, and offer a mere two weeks’ grace in which such authorities can act to comply with the decision. When I first read that proposal, which was tabled by Opposition Front Benchers, I was in two minds about it. On the one hand, I was reassured by their acceptance of the principle of allowing schools the freedom to implement decisions—although they would have to do so within two weeks. On the other hand, the amendment completely misses the point about the purpose of that freedom.
I sought in Committee to reassure hon. Members that schools cannot simply ignore the decision of the adjudicator: he is a statutory post holder, and his decisions have the force of law. Schools must implement change to comply with the adjudicator’s decision. Although at first glance a fortnight seems reasonable, on closer examination it looks less reasonable. Admissions policies must be locally consulted on for at least eight weeks to allow all parties to consider proposals or amendments. Many changes subsequent to an adjudicator’s decision can be swift and simple, but others take time, because they are inherently complex or because they seek to address coherently a number of issues.
More often than not, the timing of decisions means that they cannot easily be adopted for the coming admissions round without risking frustrating parents and others. That is why adjudicators try to ensure that their changes can be included when appropriate, and not just immediately.
Mr Gibb
The example that the hon. Lady gives applies to one individual, but an objection to admission arrangements applies to an entire school, and therefore to a wider range of people, which means that consultation is necessary before those changes are made. That is the difference between the two examples.[Official Report, 13 May 2011, Vol. 527, c. 11MC.]
There is something else wrong with Opposition Front Benchers’ amendment 13. It would give the 152 local authorities a power to direct, but those local authorities are themselves the admissions authorities for about 19,000 schools in England, and it cannot make sense to give them the power to direct themselves, which in essence is what the amendment would do. Nor is the amendment consistent with our general thrust to allow schools the flexibility to put matters right themselves. Adjudicator decisions carry the full weight of law, and any attempt to thwart them through undue delay risks further legal challenge and possible direction from either the Secretary of State or the courts. All admissions authorities, including academies and voluntary-aided schools, must comply with binding decisions, and we believe that exactly how they do so is best judged by the schools themselves. However, when they do so will be just as important in ensuring that we do not create chaos in our admissions system. I believe that we have struck the right balance between national parameters and local pragmatism, so I ask hon. Members not to press their amendments.
I turn to amendment 40, in the name of the hon. Member for Walthamstow (Stella Creasy). She and, through an intervention, the hon. Member for Sheffield, Heeley (Meg Munn) explained that they were seeking to ensure that the impact of the changes made by the Bill to the exclusions process were clearly understood. I agree that it is important to understand what is happening in schools on such an important issue, and as I set out in Committee, extensive statistics have already been published on the number of permanent and fixed-period exclusions, including for each local authority and ethnic group, as too have national and local authority-level statistics on SEN exclusions, both statemented and non-statemented. In collecting information, however, it is important to eliminate the risk of revealing the identities of individual children, and in some instances, numbers are likely to be far too low to deliver the level of detail sought by the amendment. If there are fewer than five exclusions in a local authority area, the numbers are not published.
We collect information on the review panels, and will continue to do so for the new panels, including on how many cases are reviewed, the outcome of a panel’s decision and whether the pupil is reinstated by the school. I can confirm that we will also have details of when an adjustment of a school’s budget share is directed. However, I am happy to meet the hon. Member for Walthamstow to discuss the precise data that she seeks to see whether we can accommodate her request, bearing in mind the fact that we have to ensure that we do not inadvertently publish very small numbers, which could inadvertently reveal the identities of individual children.
Stella Creasy
I gladly take up the Minister’s offer of a meeting. But will he still put on the record a commitment to a qualitative review of what happens to young pupils with special educational needs in the next 18 months, to ensure that the exclusion powers are not used by schools to bypass their commitments? Will he also clarify the referral process? I asked him to clarify how young people will be referred for statementing. We need to ensure that schools do not think, “Either we could go through the difficult process of statementing, or we could just exclude the pupil.” Obviously the powers that the Bill gives head teachers will allow precisely that to happen. Ensuring that it does not happen to young people is a key concern for Labour Members.
Mr Gibb
We can talk about those qualitative issues when we discuss the quantitative ones in the meeting that I just offered. I am happy to do that.
On assessment, the hon. Lady referred to the special educational needs Green Paper, which states clearly in paragraph 3.55:
“We know that there is a group of children with SEN who are currently excluded on multiple occasions on a fixed-term basis, and there may be other excluded pupils whose SEN have not yet been identified.”
That paragraph also states:
“we will recommend in exclusion guidance that children are assessed through an effective multi-agency assessment for any underlying causal factors. We will suggest that schools trigger this assessment in instances in which a pupil displays poor behaviour that does not improve despite effective behaviour management by the school.”
I quoted that in Committee and I quote it again today, to show that it is the Government’s intention to ensure that those assessments take place.
I think people have heard enough of me—
Mr Gibb
Thank you.
Finally, let me turn to new clause 22, tabled by my hon. Friend the Member for Beverley and Holderness (Mr Stuart), the Chairman of the Select Committee on Education. I fully understand his concerns about the proposed change to the pupil registration regulations that apply when parents choose to remove their children from school to home educate them. My hon. Friend now knows that we shall not proceed with the change in its present form, and I hope that I can further reassure him by explaining the thinking that led us to propose the regulation change in the first place, and what we intend to do now. As he said, the change would have required schools to retain pupils on the roll for 20 school days following a parent’s decision to remove their child from school for home education. If the parents change their minds, the child could be re-admitted to the school. I was attracted by that proposition, as was my hon. Friend.
The Government’s policy remains that parents are responsible for their children’s education. They have the right to choose to fulfil that responsibility by educating their children themselves, rather than by sending them to school, and we have no desire to interfere with that right. The proposed change in the regulations was intended to protect any children whose parents had reluctantly decided to home educate against their own better judgment—for example, those who would rather their child went to school, but who have concerns about the school that they feel it has not addressed. That group is not typical of the majority of home educators, who in my experience are determined, committed and passionate people. Having considered the issue further and taken into account the views of home educators and those of my hon. Friend, I am not yet convinced that the proposed change is the best way to address the concern. Therefore, we are considering other policy options. However, I am grateful to the Chairman of the Education Committee for tabling new clause 22, which has enabled me to put that on the record.
Mr Sheerman
I think the Minister was here listening to the debate earlier, but the Select Committee’s report on the matter ranged pretty broadly and made some reasonably positive suggestions for change. When home educators were good they were very good indeed, but the Committee received evidence that some people who did not want to send their children to school could legally refrain from sending them—they would not be prosecuted—by saying that they were home educating them, when there was very little evidence that those children were being educated at all.
Mr Graham Stuart
May I express my gratitude to my hon. Friend for listening to the representations from me and from home educators? That is precisely the way in which the Government should operate, and I know that there is great gratitude out there among home educators who are afraid that there will always be malign forces at work whenever the Government come anywhere near them. As for the local authorities that misrepresent their powers and are, according to home educators, overstepping the mark, can the Minister give any reassurances about what can be done to protect the rights of home educators? Where there is evidence that children are not receiving a suitable education, local authorities should act, as the hon. Member for Huddersfield (Mr Sheerman) said, but outwith that they should respect the right of home educators to direct their children’s education.
Mr Gibb
My hon. Friend makes a good point, just as he made a good speech on those issues. Local authorities are public authorities. They should provide accurate information about their powers and duties, and they are open to challenge if they fail to do so. I hope that that reassures my hon. Friend.
Mr Stuart
I am extremely grateful to my hon. Friend for giving way again. If, with the help of home educators, I compiled a dossier of evidence about local authorities, would it be possible for me to meet the Minister and talk further with him about ways to ensure both that local authorities are aware of the law and that they observe it?
Mr Gibb
I am happy to accept my hon. Friend’s invitation. As he knows, I always take his views on education in general very seriously, and I am always particularly interested in his very well-informed views on home education. He is probably the most well-informed Member of the House on that issue—
Mr Gibb
There you are; you heard it from the Secretary of State himself. My hon. Friend is the best-informed Member of the House on home education, and I will happily have that meeting with him in the near future.
After those rather lengthy remarks, I hope that my hon. Friend the Member for Altrincham and Sale West will withdraw his amendment so that we can press on to the next group.
Mr Iain Wright
I shall be brief, given the time constraints, and speak specifically to new clause 9. I agree with every word that was said by my hon. Friends the Members for Scunthorpe (Nic Dakin) and for Wigan (Lisa Nandy) as well as by the hon. Member for Wirral West (Esther McVey). Their amendments are eminently sensible and would go a long way toward repairing the damage that in 12 short months the Government have inflicted on young people through their policies on the education maintenance allowance, enrichment activities and post-16 funding.
The Minister for Further Education, Skills and Lifelong Learning and the Minister of State, Department for Education, the hon. Member for Bognor Regis and Littlehampton (Mr Gibb) will recall that we had considerable debate in Committee about clauses 26 and 27 and the changes to the careers service that was provided to young people. It became very apparent when the Minister for Further Education, Skills and Lifelong Learning was questioned in Committee that no real work or thought had been given to the transition plan between the ending of Connexions and the establishment of the all-age careers service. The Minister conceded the possibility of having a careers summit to discuss the matter, which might be imminent, but it is probably about nine months too late and should have been designed into a clear transition plan. I know that he is genuinely and passionately committed to this issue, but his eye has been worryingly off the ball regarding the transition. This is inept.
Although some services may be available in September, others will not be operational until April 2012. There is confusion about commitment to funding and there is a real risk that vital professional expertise will be lost; indeed, that is borne out by what is happening. A Unison survey of local authorities has shown that 97.5% of councils that responded were cutting the careers service in their area. In central Bedfordshire, personal advisers were being withdrawn at the end of the last autumn term and there is a lack of staff to cover statutory duties. In Essex, no one-to-one advice is being provided at all. Unison concludes that the survey confirms that
“the level of cuts and the lack of clear transition guidance from central government are leading to the decimation of the careers service”.
As the hon. Member for Wirral West and my hon. Friend the Member for Wigan have pointed out, expertise is being lost precisely when the country’s young people need it most. Students leaving school in a matter of weeks after doing their exams will be going out into a world in which conditions are the harshest they have been for a generation, with youth unemployment running at record levels and educational options for over-16s narrowed with the scrapping of EMA. It is becoming clearer by the day that Government policy seems to be moving us towards a higher education system that benefits the well-off rather than the more vulnerable.
In those circumstances and in that economic context, it is vital that before young people leave school they receive the best possible information, advice and guidance about their prospects and options. The manner in which they receive such advice will vary according to their personal preferences. In this modern age, they might wish to view things online or to interact with others in an electronic version of social networking. We can and should use technology in innovative ways to raise aspiration, to show young people what is available and to demonstrate how they can achieve their ambitions.
Mr Hayes
I know that the hon. Gentleman would not want anything to remain on the record that might, however unintentionally, appear as a calumny. On his last point, he will know that we have rolled out the Next Steps IT project, a sophisticated IT interface on precisely this subject, and that the careers taskforce has been working under Dame Ruth Silver, followed by the Careers Profession Alliance under Ruth Spellman, to develop for the first time a coherent set of professional standards, accreditations and training for careers advisers. That did not happen under Labour, but it is happening under our Government.
Mr Wright
The Minister will recall the information, advice and guidance strategy that I published, “Quality, Choice and Aspiration”, which put in place precisely those measures—Next Steps and the careers taskforce—so he has basically implemented what I personally put in place when I was at the Department.
Mr Hayes
That was ungallant of me, so let me qualify what I said. The hon. Gentleman is absolutely right. Some progress was made and he was a very diligent Minister, but in the same spirit I think he would want to acknowledge that we have carried that through in the two respects I have mentioned.
Mr Wright
Let me concede that the Minister has been the best Minister for Further Education, Skills and Lifelong Learning that I have ever seen in this Government. He has been exceptional in that regard.
The Minister talked about online and electronic information, advice and guidance about careers. That has its place, but this is my point and the point of new clause 9: a central part of any successful careers advice system is the face-to-face personalised and tailored interaction between a young person and a careers professional, preferably not on a one-off basis on a wet Wednesday afternoon, as we discussed in Committee, but repeated time and again so that trust can be established between the student and the careers professional, and a relationship built up where the professional can know about the student’s wishes, skills, ambitions, potential and limitations, and accordingly challenge, motivate and provide good tailored advice about their prospects.
In Committee, the Schools Minister did not provide huge reassurance on the matter. He seemed to believe that face-to-face information, advice and guidance was not appropriate for all students. I asked him whether he thought such face-to-face access should be the cream of careers advice, available only to a select few students, and he said in Committee that it would depend on the school, which might think it was appropriate for some students, but then again, might not. That is worrying.
Steve Higginbotham, the president of the Institute of Career Guidance, said that as a result of the Government’s plans and the incompetence regarding the transition scheme and because face-to-face advice has not been prioritised,
“The likely reality is that hundreds of thousands, and possibly millions, of young people will never get access to personalised impartial career guidance, having to rely on the national telephone helpline or website and school staff”.
Young people deserve better than that. I believe very much in allowing the professional judgment of teachers and head teachers to flower, but more than anything else I want the potential of the young person to be nurtured. For a Department that states that it trusts the judgments of professionals, Ministers seem remarkably reluctant to allow careers professionals to meet pupils at the school.
The purpose of new clause 9 is to ensure that that would occur. The clause would help to ensure that relevant and personalised advice could be provided for every single student, rather than just a select few in a school. The school governing body—the Minister will recall that I have always believed that school governors have a positive and largely untapped role to play in the provision of first-class careers advice—would have the responsibility to ensure that careers professionals had face-to-face meetings with pupils. It would make sure that, as my hon. Friends the Members for Scunthorpe and for Wigan mentioned and as the hon. Member for Wirral West alluded to, there was not a postcode lottery or even a school lottery for careers advice, with pupils from disadvantaged backgrounds being disadvantaged still further by a lack of resources to fund face-to-face services. If the Minister and the Front-Bench team are serious about wishing to help every child fulfil their potential—and I think they are—I cannot see how they would have a problem with new clause 9. I therefore hope that the Minister will accept it. I give notice that I wish to test the opinion of the House by pressing it to a vote.
Finally, I hope that the hon. Member for North Cornwall (Dan Rogerson) did not take offence earlier when I commented from a sedentary position about flabby liberalism. I was speaking about his policy position, rather than any personal appearance. On careers advice, I think the Liberals are like Joe Bugner rather than Muhammad Ali or the late, great Sir Henry Cooper, whom we lost earlier this month. I wish they were more like Ali and Cooper, and it is disappointing that they have not been so in debate in Committee and in the House today.
Bill Esterson
My hon. Friend makes the case very well for the success of the existing careers service and the importance of a professional careers service. The Government need to take account of that evidence base, but so far they have been in such a rush to push through these proposals, I fear that in their planning they have missed such evidence.
We are short of time, so I will make some brief comments about the education maintenance allowance. There have been some well-made points, but I want to mention Hugh Baird college and Southport college, which students from my constituency attend. Up to 90% of the learners at those colleges receive the EMA, and listening to Government Members, who now seem to recognise the importance of linking attendance and attainment to the payment of its replacement, I wonder why we are getting rid of it. As my hon. Friend the shadow Minister said, if only 12,000 people receive the replacement, the number really will be a drop in the ocean. We have already seen one step in the right direction, with the U-turn on providing an allowance to existing learners, but I hope that the Government will go much further on the subject of EMA’s replacement.
My evidence from the colleges that I have mentioned is that students who receive EMA have considerably higher attendance and attainment than those who do not. They are also unable to work out which students will continue to attend without receiving EMA or to determine which students are young carers and from other vulnerable groups and therefore very dependent on EMA. These issues have not been sufficiently taken on board, and that is why the amendments tabled by my hon. Friend the Member for Scunthorpe are so important.
Mr Hayes
I will speak to Government amendments 36 and 37 and deal with the remarks made by hon. Members on the other amendments in the group.
Let me first say a few words about EMA. The hon. Member for Scunthorpe (Nic Dakin) always speaks in a reasoned way. I appreciate that he brings expertise to this House because of his prior experience. I share his commitment, and that of the hon. Member for Wigan (Lisa Nandy), to fairness. It is important that we deliver a fair outcome. It is also right that we set out clearly our expectations of how the new bursary fund will operate, and we mean to do so.
As the right hon. Member for Bermondsey and Old Southwark (Simon Hughes) said, we are engaged in a consultation. I can give the commitment today that following the consultation we will publish short, focused guidance on the new system for schools, colleges and training providers. We certainly do not want a system that is not coherent, consistent or fair. As has been done previously in respect of EMA, we will publish details of the arrangements that we intend to make for provision of financial assistance under the new scheme. On 28 March, we announced additional transitional arrangements to help those who are part way through their studies. The hon. Member for Sefton Central (Bill Esterson) paid tribute to that. On whether conditions should be attached to receipt of the 16-to-19 version, we expect, subject to consultation, to set out in guidance that schools, colleges and training providers should consider doing just that.
I hope that those comments will go some way towards assuring those who have had understandable doubts about this that we intend to do this in a proper, measured and considered way. In the past few months, they have told us that conditionality, which was a feature of EMA, was an important factor in encouraging positive attitudes to learning. I believe it is right that these conditions should be set locally, as they are now for EMA. As we discussed throughout the Committee proceedings, we are seeking to reduce, not increase, the regulatory burdens on schools and colleges. The administration of 16-to-19 bursaries should be at the discretion of individual schools and colleges, supported by guidance from the centre, giving head teachers and principals the power to make decisions that are in the best interests of students.
Let me give some examples of that. Members of the House will know that in rural areas there are different pressures surrounding transport from those, typically, in urban areas. In other circumstances, depending on what people are studying, there may be particular pressures to do with the equipment that is required for people to fulfil their studies. There needs to be sufficient flexibility to take account of, and address, different needs, but that does not mean that coherence should not be established in what we say from the centre. I hope that that goes a considerable way down the road towards the destination of widespread agreement that is at the heart of all we do as a Government and I do as a Minister.
The hon. Member for Scunthorpe spoke about enrichment activities. I thank him for the opportunity to discuss this important and valuable aspect of young people’s education. I know that he was a distinguished principal of John Leggott sixth-form college before coming to this House and brings that understanding here. I also know, however, that he does not support the reductions that we have had to make to the funding for enrichment activities. This does not mean that we do not understand their significance or value. The context in which we debate these matters today, as we debate all our considerations on the funding and management of education, is one of financial pressure. The Government are in the business now of having to make tough decisions about value for money and priorities, and of ensuring that the money that is spent delivers the fairness that the hon. Member for Wigan articulated.
Because we agree that such activities can be valuable for young people, we have protected funding for tutorials for all 16 to 18-year-olds. Our commitment to vulnerable groups is demonstrated by our increasing by £150 million to £750 million the amount of funding to support students from disadvantaged backgrounds and those who need additional support. We expect that additional funding to be used to provide the additional support that disadvantaged students need, including enrichment activities if they are appropriate.
I would like to have spoken about the apprenticeship entitlement, but it is sufficient to say that in the evidence sessions, it was clear from the witnesses that the arrangements that prevailed under the previous Government were not widely agreed to be effective. I think it was Martin Doel of the Association of Colleges who said he never felt that those arrangements were really operable. I think that our changes will mean that we can deliver on our commitment.
I will say no more about that, because I want to say a word about careers guidance, which has been spoken about a lot. It is a subject dear to my heart as it is vital. Let me make it clear that I fully appreciate the relationship between good advice and guidance and subsequent progress. Furthermore, it is fundamentally important for social mobility and social justice that that advice and guidance is available to people who would not get it by other means. As the right hon. Member for Bermondsey and Old Southwark suggested, such advice and guidance is usually available to more advantaged people through social networks or familial understanding. That is not always the case for people with less wherewithal who are trying to navigate their way through the system. This is not about aspiration. Let us once and for all kill off the bourgeois, left assumption that working-class people do not aspire to the same things as their middle-class contemporaries. Their ambitions are the same; what they lack is the wherewithal. My mission is to provide that wherewithal, so let us discuss some of the detail.
Mr Hayes
I will not, because I do not have time. I am terribly sorry.
The hon. Member for Hartlepool (Mr Wright) is right to say that he initiated the idea of the IT system. We implemented what he initiated. He is right that he set up the taskforce. We have considered those recommendations and taken them seriously. We will put in place a state-of-the-art, comprehensive, all-age IT system, which will be available to young people and to other people who want to upskill or reskill. To support that, we will have a telephone service, as he intended.
We will deliver, for the first time, a coherent set of professional standards, training and accreditation for careers professionals. The work that has been done on that over the past six to nine months is of profound importance. It has been led by Ruth Spellman and was inspired by Dame Ruth Silver—there are many Ruths in this business. They have been involved in a series of activities to bring together the disparate elements of the careers profession around a common set of objectives.
Furthermore, it is right that we exemplify best practice. That is bound to involve face-to-face connections—that word was not used advisedly—with the people seeking advice. We want people to have the maximum possible opportunity to gather the advice that is available from the professionals whom I have described in a way that is appropriate for them. I find it inconceivable, or at least unlikely, that best practice will not include face-to-face provision.
Furthermore, new clause 9 suggests that the Government would not be able to issue guidance, but it is clear that that provision is superfluous; I have checked the facts, and the Education and Skills Act 2008, which is unaltered by the Bill, means that the Government can issue guidance on the subject if and when necessary. We are determined that schools, colleges and other bodies should be able to provide the best possible advice. I have written to local authorities, as I promised I would, to remind them of their continuing duty to promote participation. I have instructed schools that they need to put in place the transitional steps in September, ready for the full steps later, and—
Mr Gibb
I beg to move, That the Bill be now read the Third time.
Let me begin by thanking all Members on both sides of the House who served on the Bill Committee. As with all the best Bill Committees, it was always good-humoured and good-natured, and it included thorough scrutiny of each of the Bill’s 79 clauses and 17 or 18 schedules. In barely a month we had 22 sittings, even more than the Committee considering the mammoth Bill that became the last Government’s Apprenticeships, Skills, Children and Learning Act 2009, which, with 270 clauses, was well over three times the size. We also reached the final clause with time left over to debate new clauses as well, which is rare for any Bill Committee. It is therefore only right and proper for me to pay tribute to the Minister for Further Education, Skills and Lifelong Learning, as well to officials in the two Departments and officials of the House.
Having spent 13 years in opposition, I know from first-hand experience how demanding a Committee stage can be for Opposition spokesmen, so let me also thank the hon. Members for Hartlepool (Mr Wright) and for Cardiff West (Kevin Brennan) for the professional way in which they fulfilled their responsibilities.
The Education Bill has four principal aims: to help schools improve behaviour in the classroom, to remove bureaucratic burdens from schools and, in particular, from teachers by restoring trust in professionals, to ensure that schools are properly accountable to parents and local communities for what they do, and to ensure that the resources that we have are distributed fairly and targeted towards those pupils that need them the most.
Kevin Brennan
May I ask whether the Secretary of State’s absence is authorised or unauthorised?
Mr Gibb
I find it upsetting when people complain about my presence in debates. Frankly, I think that the hon. Gentleman has secured a very good deal.
There is no bigger barrier to the recruitment and retention of good teachers than poor pupil behaviour. Figures published last month showed that in nearly one in five secondary schools, behaviour is judged as being no better than satisfactory. In the latest year for which we have figures there were over 363,000 fixed-period exclusions, of which 80,000 were issued for threatening behaviour or verbal abuse against an adult. Recent polls by the Association of Teachers and Lecturers found that two in five teachers had dealt with physical aggression during that year, and that a quarter had been subjected to a false allegation by a pupil. That underlines the fact that too many teachers have been hindered in doing their jobs because of poor behaviour. I fully understand why teachers have felt that the system, and the Government, have not always been on their side. The Education Bill will ensure that the pendulum swings back in their favour by strengthening teachers’ powers. They will be able to issue same-day detentions, and to search for, and confiscate, items such as mobile phones and video cameras. We considered these measures in detail in Committee. I hope they are used only very rarely, but I would rather teachers were able to decide for themselves whether to use them and I am confident that they will help protect the rights of all children to learn in an environment free from disruption and bullying.
Just as importantly, the Bill will also extend better protection to teachers from false and malicious allegations. Teachers will now have pre-charge anonymity when faced with an allegation of an offence by a pupil, to prevent false accusations being used to undermine teachers’ authority. Teachers have campaigned for that for years, and it has been delivered by this Government in our first year. Of course, we will continue to listen to those who seek to extend these provisions to other staff in schools and colleges, but we also need to tread carefully in relation to cherished rights of free speech in a free society.
Discipline is just one area in which teachers have not been afforded the trust and respect they deserve. Over the past decade, for every step forward, there have been three steps backwards as yet more targets and diktats were issued to schools from the centre. Understandably, much of the debate in Committee was about whether to retain the legislation that piled up under the previous Government. I do not doubt that much of that was well-intentioned, but it has clearly failed to address the performance gap this country faces, especially for those from disadvantaged backgrounds.
We are determined to raise the professional status of teachers by giving them the space and flexibility they need. Since the Academies Act 2010 the number of academies has more than trebled, from 203 to 658. All those schools are able to decide what is best to raise standards for their pupils, free from red tape and political interference. That is why it has attracted not only Toby Young, but Peter Hyman, Tony Blair’s former director of strategy and author of the autobiographical book, “1 out of 10: from Downing street vision to classroom reality”. Peter Hyman is setting up a free school in Newham. Newham School 21 will teach children between the ages of four and 18 and aims to be open in September 2012. The Bill provides for two new types of academies: alternative provision academies, and 16-to-19 academies, which will extend the benefits of the programme even further.
The Opposition have complained that the Bill centralises power, yet at the same time they complain when we strip back the layers of instruction and guidance telling schools and colleges how to co-operate, which they put in place. Similarly, they protest when we end the requirement on every local authority to set up forums, irrespective of their actual needs or unique circumstances. The Bill will help us bring an end to the perpetual revolution that has been inflicted upon schools, by allowing professionals—not the Qualifications and Curriculum Development Agency or the General Teaching Council—to do what is best for them.
Just as we are liberating professionals from bureaucracy, so we are ensuring that there is stronger accountability to parents. The Bill will sharpen school accountability by reducing the number of areas in which Ofsted inspects to just four—pupil achievement, quality of teaching, leadership and management, and behaviour and safety—with outstanding schools and colleges also being freed from routine inspection, so that more focus can be diverted towards those that need it most.
The independent regulator, Ofqual, will ensure that our qualifications stand comparison with the best in the world by measuring our relative performance. Because we are prepared to take action where schools and local authorities fail to give children their one chance of a good education, the Bill strengthens the Government’s power to intervene in poorly performing schools, which often have higher proportions of disadvantaged pupils. The Minister for children, my hon. Friend the Member for Brent Central (Sarah Teather), is introducing an entitlement to free early-years provision for 130,000 disadvantaged two-year-olds across the country. The scrutiny in Committee has allowed us to set out clearly that we will maintain the free entitlement for all three and four-year-olds at 15 hours, and that we will ask Ofsted to review the impact of the two-year entitlement.
We are also ensuring that more resources are targeted at the education of the poorest through the pupil premium, which will be worth £2.5 billion every year by 2014-15, and the Bill will ensure that funding for apprenticeship training takes priority when young people have a place, so that we deliver on our ambitions to expand the programme and make it the primary work-based learning route for raising the participation age. Thanks to the vigilance and scrutiny of the Chairman of the Education Committee, we have now removed a reserve power to suspend this offer, which underlines our commitment further. In addition, the scrutiny provided and arguments put forward by my hon. Friends the Members for North Cornwall (Dan Rogerson) and for Wells (Tessa Munt) on the issue of school governors and the proposals in clause 37 have allowed us to improve our policy in this area. We have retained the principle of governor appointments based primarily on skills, while also meeting their desire to reflect stakeholder groups with an interest in schools, in particular staff and local authorities.
The schools White Paper, “The Importance of Teaching”, set out a pathway to close the attainment gap between those from the poorest and wealthiest backgrounds, and to reverse this country’s decline in international performance tables, so that all who are educated in our state schools have the opportunity to compete with the school leavers and graduates of countries with the best-performing education systems. This Education Bill will allow us to take important steps on that journey, and I commend it to the House.
Mr Speaker
May I gently point out to the shadow Secretary of State, as I equally could to the Minister, that there are Back Benchers who would also like to contribute and that would help the House?
John McDonnell
The Bill abolishes a number of bodies—the General Teaching Council for England, the Training and Development Agency for Schools, the Qualifications and Curriculum Development Agency and the Young People’s Learning Agency.
In the past the Transfer of Undertakings (Protection of Employment) Regulations were applied when bodies were abolished and staff were transferred from the public sector to the private sector. They would be protected, together with their conditions of work, the recognition of their trade union and their basic employment rights. Because that does not apply to transfers of staff within the public sector, the Cabinet Office introduced the Cabinet Office statement of practice—COSOP—which in the past has been included in legislation so that TUPE principles applied to staff as if they were being transferred out of the public sector. The previous Government stated on the face of the Bill that that was the situation when the Learning and Skills Council was abolished. The present Government have done the same thing in the Localism Bill, but not in the Education Bill. As a result, the staff are feeling insecure about their future. That affects morale and recruitment and retention—
John McDonnell
It is incredibly helpful to have that on the record. It would be valuable if the Minister could see whether it could be put on the face of the Bill when it goes to another place.