Education and Adoption Bill (First sitting)

(Limited Text - Ministerial Extracts only)

Tuesday 30th June 2015 Public Bill Committees

[The Chair]

Order. Before we begin, I have a few preliminary announcements. First, please silence electronic devices. I remind everyone that tea and coffee are not allowed during sittings. I also apologise for the late start. In view of the time available, I will not make any more announcements.

Motion made, and Question proposed,

That—

(1) the Committee shall (in addition to its first meeting at 8.55 am on Tuesday 30 June meet—

(a) at 2.00 pm on Tuesday 30 June;

(b) at 11.30 am and 2.00 pm on Thursday 2 July;

(c) at 9.25 am and 2.00 pm on Tuesday 7 July;

(d) at 11.30 am and 2.00 pm on Thursday 9 July;

(e) at 9.25 am and 2.00 pm on Tuesday 14 July;

(2) the Committee shall hear oral evidence in accordance with the following table:

[The Minister for Schools (Mr Nick Gibb)]

I beg to move a manuscript amendment, in the table, delete “9.40 am” and insert “9.50 am”.

We will move clause 1 later in our deliberations to enable Committee members to table amendments regarding the definition of a coasting school. Draft regulations were sent to all Committee members last night at 10 pm and are available in hard copy this morning. That should give all Members sufficient time to look at the regulations and table amendments to clause 1, should they wish to do so.

[Kevin Brennan (Cardiff West) (Lab)]

May I put on the record—although not at great length, given the delay already this morning—the concern I expressed informally at the Programming Sub-Committee about the manner in which the programming for the Bill has been handled? The Bill has been put together in a rushed way, and the draft regulations were not thought through and ready in time. We received them only at 10 pm last night, which is why the Government are taking clause 13 first, then clauses 2 to 12, then clause 1 later on. It is emblematic of the fact that the Bill is an undercooked piece of legislation that should have been more carefully thought through before being brought to us for consideration. However, the Government get their way on these matters. I have had my say, and we should get on with it.

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[Mr Gibb]

Briefly, the Government are determined to ensure that no child is in an underperforming or coasting school. We are acting rapidly to tackle those problems swiftly. Within two months of the general election, we have a Bill available for scrutiny and ready to go through the system. We want to get the regulations right. We believe they are right, so we do not apologise for the swiftness with which we are acting to tackle coasting and failing schools.

[Kevin Brennan]

And we do not apologise for objecting to the manner in which the Bill has been introduced. If the Government were concerned about all children, all children would be covered by the Bill, but they are not.

Amendment agreed to.

Main Question, as amended, put and agreed to.

Ordered,

That—

(1) the Committee shall (in addition to its first meeting at 8.55 am on Tuesday 30 June meet—

(a) at 2.00 pm on Tuesday 30 June;

(b) at 11.30 am and 2.00 pm on Thursday 2 July;

(c) at 9.25 am and 2.00 pm on Tuesday 7 July;

(d) at 11.30 am and 2.00 pm on Thursday 9 July;

(e) at 9.25 am and 2.00 pm on Tuesday 14 July;

(2) the Committee shall hear oral evidence in accordance with the following table:

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[Kevin Brennan]

Q 11 So that is not possible under the regulations as defined? That is what I am asking you?

Robert Hill: Well, Dr Allen may be able to answer. I think some of the other scenarios would be possible.

Dr Allen: We have not crunched the data yet, because we received it at 10.30 last night, which is a shame. In 24 hours we will be able to tell you. By our judgments on various different types of scenarios of progress and value added measures, there are, indeed, schools in most of those categories. For example, some schools that have very negative progress or value added measures in 2014 are judged to be outstanding, and some schools with superb value added measures are judged to be inadequate.

[Mr Gibb]

Q 12 Is not the point of the legislation to try to weed out the schools that are judged to be good or outstanding but that have been concealing poor progress? Is not that what we are trying to tackle? Would you support that?

Dr Allen: Perhaps, but I would ask why Ofsted has walked into those schools, given what we know about the quality of the education that they provide, and judged them to be good or outstanding. I come back to the question of whether we need to change the remit of Ofsted.

I reiterate the more important point, which is little understood, about the social gradient of progress 8. I will give you some examples from 2014 data. Just 42 out of 380 schools with less than 10% of pupils on free school meals had a negative progress 8 score, whereas 191 out of 347 schools with more than 50% on free school meals had a negative progress 8 score. It is not always obvious why that should be that case. The idea of progress 8 is that we judge children from the starting point of their test scores at the age of 11 and we expect children with the same starting point to make the same amount of progress.

That social gradient emerges for a number of reasons. The most important is just that there is clustering of social circumstances within schools. For example, take two children who performed equally poorly on their key stage 2 tests and, at the age of 11, we say are low-attaining children. One of them attends a relatively affluent school. The very fact that they are attending a relatively affluent school means that they are more likely to have a supportive home environment, which means that regardless of what happens in the school—the thing that we want to influence—that child is more likely to do well at GCSE. I am concerned that that social gradient is letting schools that serve affluent communities off the hook on this definition. I would prefer schools to be judged relative to schools like them and, unfortunately, progress 8 does not quite do that.

[Mr Gibb]

Q 13 In your written evidence, you said that you think that it is difficult to run a school in a poorer area. Do you think that they should be subject to a different form of metrics when they are being judged?

Dr Allen: It is more difficult, which is why I am kind of okay with the idea—it is correct in one sense—that metrics should find that schools that serve affluent communities are, on average, making better progress for the children. That is correct. It is also correct that Ofsted walks into schools that serve affluent communities and sees, on average, better teaching and leadership. All those things are true and we know that they are true because they have a larger pool of teachers to recruit from and a better choice of school leaders.

I understand your concern that we should hold schools that serve deprived communities to the same very high standards to which we hold schools that serve affluent communities. However, the problem is the extent to which those schools are able to compensate for all the things that happen in homes in affluent communities that lead to those children making good progress, regardless of what happens in those schools.

Saying that all schools must ensure that children make exactly the same levels of progress is bad for both ends of the spectrum. Setting up accountability mechanisms means that schools that serve deprived communities have no hope of ever being deemed anything other than underperforming. They then give up, and find it impossible to recruit headteachers and hard to recruit teachers. We set up a spiral whereby it is difficult for them to operate at all, and it does not raise aspirations for those schools.

[Mr Gibb]

Q 14 May I interrupt? What research have you done on King Solomon academy? Does that school find it difficult to recruit? The school serves a very deprived area; more than 60% of pupils are on free school meals. Last year, 93% achieved five or more GCSEs including English and maths. Do you think that school is not delivering?

Robert Hill: May I reply?

[Mr Gibb]

Q 15 May I just ask Dr Allen first? Then I would love to hear from Mr Hill.

Dr Allen: I do not think it is. In fact, one thing that we see is that the variation in school quality is much higher among schools that serve deprived communities than it is among schools that serve affluent communities. There is also a distinction between those schools that are operating in London and those that are not, for a variety of reasons.

[Mr Gibb]

Q 16 But is not that what we want to achieve? Is not the King Solomon academy what we want in very deprived areas, rather than putting a lower level of expectation on schools serving deprived communities, as you seem to be implying in your evidence to the Committee?

Dr Allen: My concern is not so much about the schools that serve in deprived communities, because they are already subject to a raft of accountability mechanisms. They are already being deemed to be inadequate and falling below the floor and everything else. We have all that in place. What we do not have in place is something that brings to account schools that serve affluent communities. This piece of legislation will not do that.

[Mr Gibb]

Q 17 Would Robert Hill answer that? I would also ask you another question, Mr Hill, because I want to make this my last question if I can. Do you think the progress measure is the right approach in dealing with these problems, and in addressing Dr Allen’s concerns, rather than using just attainment or just Ofsted?

Robert Hill: I am a big fan of progress measures. I think you are absolutely in the right ballpark doing that. Indeed, I think we should be looking at progress within student cohorts, within schools from one class to another. I do not think we should construct a national system to do that, but that should be the discipline that we apply. I think that progress in that sense is king, so you are in the right ballpark.

On your King Solomon point, absolutely all credit to King Solomon and others. Although, when you look at the distribution, the number of schools both from affluent and certainly deprived areas that are bucking that trend, closing the gap and doing that is a very small cohort.

The regrettable truth, for someone who supports the development of multi-academy trusts, is that for every one that has been compulsorily academised that has worked, you will be aware that there have been a considerable number that have struggled and are still struggling, and are still in something akin to that spiral. You are having to re-broker, I think, 100 sponsored academies and another 100 are in the pipeline. My concern, if I share your ambition, which I do, is where is the resource and support?

Just declaring them “coasting” or “requiring improvement” is in some ways the easy bit. The much tougher bit is to get the right mechanisms and support systems in place, as it were, to drive the improvement. That is where I think the Bill is in the wrong place. Although there are clauses in the Bill that do broaden the scope of things that you as Minister and local authorities and school commissioners can do, that is the real challenge for the education system.

[The Chair]

I am afraid we have time for only one more question, and I hope it will be brief.

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[The Chair]

Read clause 1!

[Mr Gibb]

We will use the definition when we assess academies.

[Peter Kyle]

Q 31 The legislation focuses just on maintained schools. Does that not strike you as odd?

Malcolm Trobe: I think we believe in fairness and equality and, therefore, all schools should be treated the same, whether they be academies or maintained schools.

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[Graham Jones]

A brief note on that might be beneficial—to me, at any rate.

[Mr Gibb]

Q 41 I have a question for Sir Daniel. You will be aware that the Bill tackles maintained schools, because the Secretary of State already has the ability to intervene in failing academies through her funding agreement with academy chains and academy trusts. You will also be aware that academies that have been sponsored academy secondary schools for four years have improved their results by 6.4 percentage points, compared with 1% for those schools in local authority control over the same period. Can you inform the Committee what it is you do at Harris, in terms of school improvement, that is so different from what happens in a local authority? We touched on it a little, but can you go into a bit more detail on the kind of things you do?

The second part of the question has to do with Downhills primary school, which your academy chain took over a few years ago. Can you tell us what has happened to Downhills primary school since your academy chain took it over?

Sir Daniel Moynihan: Starting with Downhills, that school went into special measures in January 2012 and was the subject of a fierce anti-academy campaign, led by the Anti Academies Alliance, David Lammy and Michael Rosen. There were many protests and it was felt that the school should stay with the local authority. The local authority at the time had very little capacity for school improvement. It had massive staff turnover and just did not have the wherewithal. It was not able to put up a credible plan and, in the end, it said that it was unable to deliver what was needed for the school. The situation was highly politicised—people were talking about privatisation and saying that the school was not failing and that Ofsted was wrong, but the inspection outcome was that there was inadequate progress, weakness in reading and poor progress at all levels. Two years later, it was judged by Ofsted to be a good school with outstanding leadership and management, no longer failing and with the third highest pupil progress in Haringey. So it has been transformed. Some 98% of parents were against the conversion; now the vast majority of parents are fully supportive. Sometimes you have to weather that storm to bring about improvement. That is Downhills.

As a network, we share good practice across the group. We have many programmes that are designed to coach teachers who might be satisfactory to become good, and those who might be good to become outstanding—we invest heavily by bringing the resources of the group together. For us, a good academy group is about being geographically proximate, so all our schools are close by and we are able to leverage a lot of resource. We have policies for discipline and for pupil tracking that are proven to work, so we can quickly fix discipline at a new school. We have our own internal review team that does mini Ofsted-style reviews, which will be more rigorous and detailed than Ofsted’s and help our principals to improve their schools. It is a huge investment in professional development, it is regular training together and a set of tried and trusted policies that work relatively quickly.

[Mr Gibb]

Q 42 I think education is about the individual pupil. Can you describe the change in pupils’ life chances at Downhills primary school as a consequence of Harris taking it over, compared with what would have happened to those children had you not intervened?

Sir Daniel Moynihan: At Downhills, the school was failing. Around 70% to 75% of children were making expected progress, so a quarter of children were not making the progress we would expect. In our most recent year, 2014, 100% of children made expected progress. No child underachieved. The number of children reaching secondary-ready standards in reading, writing and maths has improved dramatically. They are better prepared for secondary and will be successful as a result.

[The Chair]

Emma, I can see that you want to come in on this one.

Emma Knights: I do. Obviously, what has been done in certain chains has been absolutely fantastic for those pupils, but equally, this is one anecdote. We could be talking to a sponsor from a chain from which you have removed schools, so this is not giving the whole picture. You can do the sorts of things that Dan is talking about among other groups of schools. Malcolm mentioned the word “federation”. Federations are a similar model to multi-academy trusts but they are maintained schools. All those things about tracking, discipline and CPD for staff, which is incredibly important for school improvement, can be done within federations as well. We must not get obsessed with the legal status.

[Mr Gibb]

Q 43 Did the governors at Downhills oppose the school’s conversion to an academy?

Emma Knights: Downhills was not related to us at all.

[Mr Gibb]

Q 44 Did Downhills not have governors?

Emma Knights: Their governing body was not a member of ours. We checked at the time to see whether they were, and they were not.

Sir Daniel Moynihan: It is true that we could be talking about academy chains that have had schools taken off them, but the point is that where schools—whether they are academies or local authority schools—are inadequate, a change is being made. For generations, that has not happened. It is not a bad thing for academy chains that do badly to lose schools—so they should, and someone else should have the opportunity to fix them. That is right.

[Kevin Brennan]

Can we put on the record, Mr Chope, that that is a point of agreement, I think, across the Committee? Where schools are inadequate, action should be taken.

Richard Watts: Two points—the danger of policy making by anecdote is that it leads you down a whole range of dangerous roads. I could cite two or three examples in my own borough where fantastic conversion journeys—improvement journeys similar to Downhills—have been taken within the family of local authority schools. I do not think that governance status is the defining thing here. It is about decisive change to a school.

The danger of education statistics is that education is such a data-rich environment that you can essentially find a statistic to prove any point you wish to make within the education system. The danger is a reliance on individual, selectively chosen statistics.

[Mr Gibb]

Q 45 So you are saying, “Don’t use data and don’t use anecdotes.” What would you use?

Richard Watts: No, I am saying, “Do use data,” but I think one has to be very—I have a number of bits of data here showing, for example, that sponsored academies are twice as likely to stay inadequate as maintained schools. One can pick and choose data. I am saying that one has to use a whole range of different bits of evidence.

[Kevin Brennan]

Q 46 On that point, Councillor Watts, the Minister used a piece of data at the beginning. He said that sponsored academies have improved more quickly over the past four years than all local authority schools, which is hardly surprising, is it?

Richard Watts: I am sure it is not. Some of the most interesting comparisons are like-for-like ones. Putting to one side the politics of this, I urge the Committee to consider the Sutton Trust report on this, which looked at the capacity of schools. It found that of the 20 academy chains considered, three produced above-average results, including Harris—on which, enormous congratulations to Daniel—and that of 100 local authority schools, 44 produced above-average results. As I say, you can pick data that show any point you wish. I do not think there is any overwhelming data that show the governance model to be the defining thing in the quality of a school.

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[Kevin Brennan]

Q 55 But does not that tell you that the school is not outstanding in the first place?

Sir Daniel Moynihan: It could well do. Some 80% of schools are judged to be good and outstanding. What is intriguing is that, in some of those judgments, there are schools with enormous gaps between pupil premium and non-pupil premium children. That cannot be right. How can a school be outstanding with an enormous gap there? A number of schools with those judgments from the past have very low value added, so there are issues to be looked at.

Progress has to be the driver. Progress alerts you to a school; you have to look at it in a bit more detail to judge whether it is coasting or not. You would have to look at destinations to find out where those children are going: what kinds of universities, apprenticeships and jobs they are going to, and what attendance is like. Progress is the first stop but you have to look at other things to get the picture.

[Margot James (Stourbridge) (Con)]

Q 56 I have two brief questions. First, Councillor Watts, you mentioned a concern you had about the capacity of high-performing academy chains to take over coasting schools. Earlier, we heard that, in a lot of cases, a school once defined as coasting will, in fact, be able to put its own house in order. Does that not alleviate your concerns about the capacity of these academy chains and high-performing groups?

My second question is to Sir Daniel. When you were answering the point about the measures that the Harris chain put in place to improve schools, you mentioned pupil tracking and discipline. Do you have your own pupil referral unit within your group? Could you comment on the issue of recycling disruptive pupils from school to school? To my mind, that is a real issue among the underperforming schools, particularly in areas of lower socio-economic status.

Richard Watts: However you cut it, the Bill envisages quite a significant increase in the number of schools that are converted to academy status to address performance problems, whether they are failing or coasting. If there are ways that we can address coasting schools without relying on high-performing sponsors, great. I still think there is an issue that the Committee needs to consider about whether there is the capacity in the sponsors’ market to take on the kind of increase in sponsored academies that the Bill envisages.

Sir Daniel Moynihan: To answer the question on PRUs—pupil referral units—we do have our own pupil referral unit called Harris Aspire. It has roughly an equal number of Harris students and non-Harris students. It is available for everybody. Our rationale for starting it was that sometimes a student does unfortunately have to be excluded. Sometimes it has to happen.

We would rather be responsible for them into the future than just unload and forget about them. If parents are content, after an exclusion has happened, students will go to Harris Aspire. There are other times when a student needs a respite period to overcome a problem. They might go there for six weeks and then return very happily into a school. It has both those types of provision. There is a definite need for more of those. We have opened that as a free school, and that is great route to introduce more PRUs and introduce a market and have some competition. Existing PRUs sometimes have a monopoly locally and the provision is quite poor, and heads do not have a great deal of choice sometimes.

[The Chair]

Any more questions? No. In that case, I thank the members of the panel for co-operating, and that has got us back on time. Thank you very much for your help.

Examination of Witnesses

Dr Tim Coulson, Zoe Carr and Lee Elliot Major gave evidence.

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[Mr Gibb]

Q 78 My question is to Zoe. You run a small academy chain, the WISE multi-academy trust. There are, I think, around 400 or 500 multi-academy trusts that have spun out of high-performing schools, whether primary or secondary. Can you tell us a bit about your story, what happened and how you improved the schools that you took over—what were they like before you took over and then what happened to those schools?

Zoe Carr: The trust began with two primary schools that converted. They were well-performing schools—

[Mr Gibb]

Q 79 Which town?

Zoe Carr: In Sunderland. One was an outstanding school which was federated with another school that was good, and at that time both of them were converted to academies. We were asked by DFE to sponsor two other schools, so we sponsored both of them in close proximity—one in December 2012 and one in September 2012. One was in special measures and the other, although it had come out of special measures, was still well below floor standards.

Both schools have since converted to Ofsted ratings of good, and attainment in both is above floor. In one of them it is above the national average; that school has an intake of double the national average in terms of levels of deprivation for free school meal indicators. Both schools have been real, strong success stories in bringing about improvement for the pupils in those disadvantaged communities.

[Mr Gibb]

Q 80 In terms of the life histories of those pupils if you had not intervened, what is the difference between the life chances of those pupils if they had been left where they were compared with their life chances now that they are part of your multi-academy trust?

Zoe Carr: The figures say it all. For children who are not getting to the required standard by the end of primary school, the statistics for their performance at the end of secondary school make very sad reading in terms of their achievement. We are confident about the actions that we have taken: every time it comes back to leadership. Every time it is about getting the right people into those senior positions who then make sure that teaching across the school is good, outstanding and improving. Every time it is about getting that right as, in turn, it will have a massive impact on the pupils’ outcomes within the schools.

[Mr Gibb]

Q 81 Thank you very much. I have a quick question for Dr Major. The Sutton Trust produced a report fairly recently showing that high-performing key stage 2 pupils eligible for the pupil premium performed less well when they went on to do their GCSEs than high-performing key stage 2 pupils who were not eligible for the pupil premium. Can you say something about that report and answer whether you would accept that our focus on progress, in identifying coasting schools, is key to addressing that issue—not just for high-performing key stage 2 pupils eligible for the pupil premium but also for average and below-average pupils, to make sure that they all perform at the same rate as children from more affluent backgrounds?

Lee Elliot Major: We looked at those children attaining highly at the end of primary school and analysed the proportion of those who were still in the top performers at the end of secondary school. What was alarming was that those children from disadvantaged backgrounds, basically those on free school meals, were twice as likely not to be in that high-performing group at the end of secondary school. You see a real, depressing attrition over the years of secondary school. We very much welcome the new Progress 8 measure because it will, for the first time, properly hold schools accountable to those high attainers. We need to think about the range of attainers among poorer children—there are many high attainers in that group and any accountability measures should try to track that.

[Mr Gibb]

Q 82 A thought has just occurred to me. I do not know if you heard the evidence from the first session when he heard Dr Allen talking about the problems of running a school in an area of deprivation. She said that is was very difficult to run a school in such an area. Her implication was that somehow a lower standard should be applied to those schools than to schools in more affluent areas. Do you reject that view as much as I do?

Lee Elliot Major: I would be very uncomfortable with that. I did not hear that evidence, but we have to have very high aspirations for all our children. The Sutton Trust and the Education Endowment Foundation have found many times that if you give them opportunities, they will fly. We have many examples of children—some of them are now MPs, in fact, among many other great professions—whom we have helped in our programmes. No, I would counter that, although I did not hear the evidence.

[Kevin Brennan]

Q 83 There was a call to name names over here, but we will not hold you to it. Tim, do you have key performance indicators in your job relating to the percentage of schools becoming academies?

Dr Coulson: We have a range of measures that we look at. One of them is schools becoming academies, principally because we want to encourage them to move, once they become academies, as Zoe said of her experience, to contributing as part of a multi-academy trust system.

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[The Chair]

I will give the last word to the Minister. You have one minute.

[Mr Gibb]

Q 104 A question to Zoe Carr: would you prefer to be a headteacher in an academy or in a local authority school, and why?

Zoe Carr: I would not like to be a headteacher in a stand-alone academy, because there are far too many other areas that you need to take on and be accountable and responsible for yourself. However, I would absolutely no way want to go back to a maintained situation, because in our multi-academy trust we have a wealth of people dealing with health and safety, HR issues, all the financial issues and governance, and they are very skilled in their own areas. All that is taken away from our key educationalists, who can then lead on improving teaching and learning, improving our teachers, and getting the best outcomes for children.

[The Chair]

That brings us to the end of our allotted time. On behalf of the Committee, I thank the witnesses for coming along and for helping us so much with what you had to say today.