Tuesday 12th July 2022
(2 years, 4 months ago)
Lords ChamberSchools Bill [HL] 2022-23 View all Schools Bill [HL] 2022-23 Debates Read Hansard Text Amendment Paper: HL Bill 35-I(b) Amendments for Report (Supplementary to the Marshalled List) - (12 Jul 2022)
18:38 - Division on Amendment 30 - Ayes: 82 / Noes: 145 - Amendment 30 disagreed.
19:55 - Division on Amendment 58 - Ayes: 51 / Noes: 108 - Amendment 58 disagreed.
Baroness Bennett of Manor Castle (GP)
My Lords, I propose to your Lordships’ House that Report not be received and that consideration of the Bill not proceed at this time. This reflects the fact that, of the many people I have spoken to, few believe that the Government are truly ready to proceed with the Bill.
I posit three reasons for this. First, we have been through three Education Secretaries in three days. We now have a caretaker Prime Minister and Government. Perhaps the less said about the behaviour of the new Education Minister, the better; the National Education Union has said all that needs to be said on that matter. In our unwritten, dysfunctional constitution, accreted over centuries of historical accident, “caretaker Education Secretary” may not have a technical meaning, but it has a practical one. With a new Prime Minister due in a couple of months, there is a very good chance that we will have a fourth Education Secretary.
The second reason is that, were this reform to be carefully thought through, long planned and developed over a long period of consultation and reflection with clear goals in mind, a temporary—if long-running—perturbation in the Government might not be a significant impediment to progress. However, it is nothing like that. We have the Government agreeing to pull one major element of the Bill—the first part, which was presumably their primary reason for bringing the Bill forward—and promising both to introduce an alternative approach in the other place and that they will allow future extended debate in your Lordships’ House. This promise will have to be followed by a new Government, most likely with a new team of people; I intend no insult to anyone still in post.
The third reason why we should not proceed today is that the remaining parts of the Bill are a controversial hotchpotch that has produced in my mailbag—and those of many other noble Lords, I have no doubt—cries of fear and horror. As usual, your Lordships’ House is trying modestly to improve the Bill, with a series of votes planned for this afternoon. However, a bad law is surely worse than no law at all, particularly in the current circumstances. Our schools would be better off without the extra confusion and disruption created by a half-cooked Bill proceeding to the other place, allowing them and the department to concentrate on the triple epidemic that they face: the continuing Covid epidemic; the crisis of mental ill-health and stress affecting pupils, teachers and other staff; and the cost of living crisis that is hitting school and family budgets hard.
If we proceed now, we will be trying to put a few patches on a sow’s ear. That is not progress and not the right direction for your Lordships’ House. Instead, let us leave our education system and department to settle down and seek stability and certainty where they can find them, rather than contribute to their problems.
Lord Kennedy of Southwark (Lab Co-op)
My Lords, as my noble friend Lord Knight said, we should proceed with Report. I am happy to have discussions with the Government Chief Whip, through the usual channels, between the end of Report and Third Reading, and we will see how we can move forward from there.
I am not sure whether this is the worst Bill; from our point of view, there is quite a long list. Some of the comments from the Government Benches were interesting. Some of the views expressed have been our views for many months or even years, but they seem to have all turned up in the last week. I am not going to get involved in some spat between people on the Government Benches, but I am happy to have that discussion with the Government Chief Whip between the end of Report and Third Reading on how we should proceed.
The Parliamentary Under-Secretary of State, Department for Education (Baroness Barran) (Con)
My Lords, I shall try to address very briefly the points raised by the noble Baroness and other Members of the House, but I do not want to pre-empt the wider debate that the House is about to have on the Bill.
As I said in my letter to your Lordships, the Government will accept the amendments to remove the first 18 clauses of the Bill and will engage extensively with your Lordships and the sector about what replaces them. I feel very concerned at the tone of some of your Lordships’ remarks about the rest of the Bill, which brings in very important measures in relation to children not in school and illegal schools. I remind your Lordships that those parts of the Bill have been extensively consulted on. I do not think it is appropriate to describe them in the terms that they were referred to in today.
My noble friend the Chief Whip has had constructive discussions with the usual channels—I thank the Opposition Chief Whip for his remarks—about how such replacement clauses will receive proper scrutiny in the House and has agreed to relax the rules of debate on ping-pong for these clauses and to allow sufficient time for the first round of ping-pong. I am sure my noble friend the Chief Whip would be happy to speak to any of your Lordships about that in more detail. I thank the noble Lord, Lord Addington, for the tone of his remarks.
Baroness Bennett of Manor Castle (GP)
My Lords, I thank all noble Lords who have contributed to this unplanned and, I think, quite fruitful debate. I particularly thank Members opposite, including the noble Lords, Lord Cormack and Lord Wei, who expressed support for my direction. I note the suggestion from the noble Lord, Lord Baker of Dorking, who brings vastly more experience to your Lordships’ House than I do on the way forward here. I also take on board the comments from the noble Lords, Lord Knight, Lord Kennedy and Lord Addington, in particular, about the amount of work that has gone into Report. I fully acknowledge that. I shall not push my suggestion to a vote at this point. I think the suggestion from the noble Lord, Lord Baker of Dorking, is something we can talk about and consider as a way forward on whether we proceed with Third Reading. For the moment, I am not quite sure what the form is, but I withdraw my proposal.
Lord Hunt of Kings Heath (Lab)
My Lords, I wonder whether the Minister would like to speak.
Baroness Barran (Con)
I thank the noble Lord. With the leave of the House, I hope it will be helpful to your Lordships if I briefly explain the context for the Government’s position, as set out in my letter of 30 June. I have taken on board the concerns raised by your Lordships and the Delegated Powers and Regulatory Reform and Constitution Committees about Clauses 1 to 18, which is why the Government will be supporting amendments at this stage to remove them from the Bill. We will use the regulation and commissioning review to work closely with the sector to develop revised clauses to address the concerns raised and will bring them back in the other place. I confirm that we will not be bringing back the delegated power in Clause 3.
On the clauses relating to the academy standards, we will develop an approach that is more tightly defined so that we can provide Parliament and the sector with clarity on the scope of our plans to set standards for academy trusts. The Government believe that our approach to the intervention provisions is broadly right, but we intend to address the issues of proportionality and the right to representation raised in this House. Our policy intention behind these clauses is to move to a statutory framework fit for a fully trust-led system, which clearly defines the scope of the academy standards and enables a ladder of proportionate intervention at trust level.
I know your Lordships will rightly expect the opportunity to scrutinise the revised clauses thoroughly. First, a full day will be allowed for the first round of ping-pong when the Bill returns from the Commons. Secondly, the Companion to the Standing Orders has a process in place to allow the House to use Committee-stage rules of debate during ping-pong on the replacements to Clauses 1 to 18, allowing greater freedom of debate and more conversation about the amendments. Following that, the House will revert to normal ping-pong rules for the rest of the Bill.
Lord Knight of Weymouth (Lab)
My Lords, would the Minister also consider coming to this House to make a Statement when the proposals are published in the other place, so that we have the opportunity at that point to feed into the proposals that she is making as they go to the other place?
Baroness Barran (Con)
I am more than happy to take that suggestion back to the department and consider it.
Lord Grocott (Lab)
My Lords, I should like more clarity from the Minister about the procedure that will be adopted as and when the Bill comes back from the Commons. That is according to the current timetable and assumes that the Bill gets a Third Reading, although that may be a false assumption. What we will then have back from the Commons is a substantially different Bill, with heaven knows how many clauses and amendments coming back, which, as I understand it, is to be catered for procedurally just by having a rather extended period for ping-pong. That is really no substitute for what should happen to a Bill—in this case, of course, rather a large section of a Bill—which is that it would have a Committee stage where these ideas could be explored and then a Report stage where the Government could respond, in many cases, to the ideas raised in Committee.
I would like clarity on this matter because we are almost in uncharted waters at the moment. I do not think that an offer to the House of a day for consideration and ping-pong should be a substitute for the proper procedure of a Bill via Committee and Report.
Baroness Barran (Con)
When I come to speak at the end of this group, I will set out a bit more about our plans for engagement over the summer, but the proposal that I just ran through has been agreed with the usual channels.
Lord Baker of Dorking (Con)
Following what the noble Lord, Lord Grocott, said, as I understand it, the Minister has said that if the Bill goes forward under the new Government, it will come back to us for one day of ping-pong. Is it just one day for ping-pong? It might have 10, 20 or 30 clauses, and that cannot be done in one day. Will we have longer than that to have a look at the clauses? Clearly the clauses are going to be very important.
She has set up a committee composed of basically the managers of multi-academy trusts, which has only one school head on it, which apparently is going to try to establish the relationship that should exist between the Department for Education and multi-academy trusts. I do not object to that because they are very important bodies, but there are lots of other issues affecting multi-academy trusts. For example, how is the voice of the individual school in a multi-academy trust to be heard? What is the role of the independent governing body of individual schools in a multi-academy trust? How will they be listened to? What rights do they have and what position can they hold against the authority of a multi-academy trust? Will these issues be covered by her committee, which will now be working in the remnants of this Government?
Secondly, the Minister has issued a document about regulating schools. Do I take it that some of the amendments likely to be tabled will cover that as well? If the Government are going to change the rules and regulations between schools and the department, that requires a long period of consultation in which schools, local authorities and educational experts must be listened to. Are we going to get that period of consultation on any of these fundamental changes? They must not be smuggled into this Bill on the understanding that “These are just a few clauses that we want”.
Baroness Barran (Con)
I will respond briefly to my noble friend. On his first point, it will be agreed through the usual channels that sufficient time is given to debate the new clauses.
Lord Addington (LD)
When the Minister said “one day”, did she mean that, when we are dealing with the replacement clauses, we will have this process for all those replacement clauses? It may have been a slip of the tongue, or a hopeful Government Whip’s answer about how long we will take, but if it is for all those clauses then that slightly changes the tone of what is being said. Will the replacements we are getting be under these new arrangements?
Baroness Barran (Con)
My understanding is that we will have one day for the new clauses, which will be handled under what has been described to me as Committee-stage rules, and then the rest of the Bill will follow the normal ping-pong timings and time allocation.
Baroness Barran (Con)
If I may, I would like to respond to my noble friend’s other points. It is extremely important, given that our debate is a matter of public record in Hansard, that assertions that are made in the House are accurate. With the greatest respect to my noble friend, I am very happy to share with him—and it is on GOV. UK—the list of people who are on the expert panel. I am very happy to talk about—and will be in a few moments, I hope—the extremely extensive engagement that we plan for over the summer. I do not think it is helpful to assert things that are not accurate about how the Government are approaching this Bill in continuing to get it to a good place. I will take any time with any Member of the House to make sure that there is no confusion about how we are approaching this.
On the regulation of schools, these standards are about the regulation of trusts; they are trust standards, not school standards.
Lord Judge (CB)
I want us to pocket the clauses that the Government are going to give way on. Let us get rid of clauses that are unacceptable.
We are all rushing around trying to find a solution. I draw the Minister’s attention to paragraph 8.132 in the Companion, which I would like everyone sitting here today to consider. The noble Lord, Lord Grocott, is right: the present arrangement means that there would be no Report stage on the new clauses, and there would be no Committee stage on the new clauses. There will be a Committee process, which is quite different, and which will culminate in the ping-pong arrangements. The Companion states:
“Other bills may, on motion (which is debatable and of which notice is required) moved at any time between committee and third reading, be recommitted to a Committee of the whole House or Grand Committee in their entirety, or in respect of certain clauses or schedules. This course is adopted when it is desirable to give further detailed consideration to the bill or certain parts of it without the constraints on speaking which apply on report and third reading; for instance: when substantial amendments are tabled too late in the committee stage to enable them to be properly considered; where there is extensive redrafting; or where amendments are tabled at a later stage on subjects which have not been considered in committee.”
That seems to me to cover all the new clauses that may be put into the Bill as and when it gets to the Commons—if it gets to the Commons. We must not get to Third Reading; we must make any application, or move any Motion, before Third Reading. I would love to be an expert in procedure but I am not, but I think that may be an answer to the problem that is obviously vexing a number of Members of the House. There could be a recommitment of the amendments and we would then go to Committee stage.
Lord Baker of Dorking (Con)
I very much support what the noble and learned Lord, Lord Judge, said. As the Convenor of the Cross Benches and one of the most distinguished former Lord Chief Justices in this House, he has had a great impact on its feelings in our debates, and I hope that the usual channels will take notice of what he said. This is such an unusual procedure; it has not happened constitutionally in the history of this House. It is remarkable that we have been given the opportunity to make such a fundamental change to any Bill. It was a bad, bad Bill to begin with, and we managed to show that. Frankly, had it come from the Commons, we would not have got anywhere near as far; we would have just been told, “That is the wish of the Commons, with the Conservative majority of 80”.
I seriously hope that the usual channels will consider my noble friend Lord Cormack’s proposal about Third Reading. It would be very unusual to pass a Bill of this sort to a Third Reading. But the Minister rightly said that some other parts of the Bill are very good—I certainly agree some of them, such as those on home learning—but these could be taken out, put into a separate Bill very quickly and passed in both Houses with no trouble in a few months.
The other issues are much more important, because the Government are struggling now that local authorities no longer have any real control over education. In fact, they are debarred from the committee that the Minister has set up. Am I right in saying that, as far as I can see, there is no representative from local authorities on the committee?
Baroness Barran (Con)
I apologise to my noble friend but the president of the Association of Directors of Children’s Services is on the committee.
Lord Baker of Dorking (Con)
When I looked through the list of committee members, I could not see anyone representing local authorities. The Minister might well discuss this with them, but it would be helpful if she could send us all the terms of what they are expected to cover. If it is just about multi-academy trusts and the controls that the Government have held to regulate them, I would go along with her. If it goes further than that, I have reservations. The involvement of local communities and local views has inspired English education since the great Act of 1870. Quite frankly, however, there is none of that in this Bill; nowhere are the views of local people to be found. A school is not just an education institution; it is part of a local and social community. This has always been the tradition, and these views must somehow be reflected in any proposal that the Minister brings to us.
I am very grateful for the support of various Peers, particularly the noble and learned Lord, Lord Judge, on the question of the Government’s power. This Bill increases the powers of both the Secretary of State and the department in a way that has never been known since 1870. I do not believe that the Minister had any hand in drafting the Bill. When I was Secretary of State, I always found that there was an element in the department which wanted these controls from the word go. Although these people have never run a school, some of them always want to run all the schools—thank heavens we managed to stop that. I do not think this will come back in any of the amendments we get after the new Government take over.
This is really strange procedure but it is utterly unsatisfactory to be offered only one day for debate. The clauses will be important and a way must be found—and a guarantee given by the Government before we pass Third Reading—for us to have plenty more time to discuss it in this House, should we pass Third Reading. This Bill started in this House and can be improved again in this House.
Lord Harris of Peckham (Con)
My Lords, I thank the Minister. She has been to one of our conferences with 200 people, and I am proud to say that she is coming to our conference in October, where we will have 4,500 teachers, and seeing some of our children. I am really passionate about academies. My noble friend Lord Baker got me involved in the first one at Crystal Palace 30 years ago. That was a very bad school, where 60 children a year were expelled. Over the last 30 years, it has been one of the best schools in the country. Last year, it had 5,000 applicants for 180 places. It is a world-class school for the second time, and 35% of its children are on free school meals.
The Harris Federation runs 51 schools, 52 this year. We have only taken over free schools from start-ups or failing schools. Some 90% of our schools are now outstanding, and we have five world-class secondary schools and one world-class primary school. I have to thank Michael Gove, Secretary of State at the time, for giving us that school seven years ago under a lot of opposition. It was in the worst 2% of schools in the country but now, seven years later, it is not just outstanding: it is world class. From the start, with my noble friend Lord Baker, and through to the noble Lord, Lord Adonis, Tony Blair and Michael Gove, academies have made a great difference to many children in this country, as we have given them a better education. One of my ambitions is to see every child in this country getting a great education, because they only ever get one chance at it. They might have five or six jobs throughout their lives, but only one education.
Five years ago, everyone was against Michael Gove getting the school over the road to be a sixth form—Harris Westminster. I am so proud of that school. It was the eighth best in the country last year, with more than 50% of the children there on free meals. The seven that beat us cost anything from £50,000 to £100,000 a year to go to. It is all down to having great teachers, giving good service, making sure that children enjoy going to school, motivating them and making sure they do the best they can. That is what we should try to do with every child in this country. If we could do that, we would have a much better country.
Baroness Barran) (Con)
My Lords, I start with an apology. Many of your Lordships started by saying that your remarks would be brief, but I apologise that mine may be rather longer. I know your Lordships will understand why, and I also say how much I appreciate the kind and generous comments that so many of your Lordships have made about my work on the Bill.
Starting with whether Clauses 1 to 18 and Schedules 1 and 2 should stand part of the Bill, I said in my letter of 30 June how seriously the Government take the views of the House and its Committees, and that is why we support the removal of Clauses 1 to 18 and have tabled the removal of Clause 2 and Schedules 1 and 2.
Before I speak about the policy behind the clauses, I confirm and shall elaborate on, as a number of your Lordships have asked me to do, our plan to develop new clauses. We will work closely with the sector and parliamentarians over the summer with the intention of developing a revised approach to the academy trust standards. I have had a brief conversation with the noble Baroness opposite about how the Opposition Front Benches want to be involved in this, but I extend my earlier invitation. We will take whatever time is needed to engage with your Lordships and those whom you believe it is important for us to talk to, but I ask your Lordships first to look at the information we have already posted on GOV.UK, and I shall set out in a letter a little more about our intended engagement plans, so that we use everyone’s time as intelligently as possible.
I am pleased to inform the House that we held the first meeting of the external advisory group, which I chair, last week and we began discussing these important matters. On my noble friend’s question about the terms of reference for the group, they are on GOV.UK, as is its membership. Its purpose is set out and the inbox for anyone wishing to contribute to the review is also there. I shall make sure that all those details and the links are included in my letter to your Lordships following this debate. We are planning an intensive programme of engagement with the unions and leaders of schools of all types, both multi-academy trusts and maintained schools. We have already started talking to a number of key system thinkers in the field and, importantly, a number of representative bodies, including, of course, the Churches. The interim findings of the review will inform a revised legislative approach to the academy standards.
I turn specifically to the amendments tabled by the noble and learned Lord, Lord Judge, my noble friend Lord Baker, the noble Lord, Lord Addington, and the noble Baroness, Lady Chapman, which seek to remove Clauses 1, 3 and 4; and to the amendments in my name, which remove Clause 2 and Schedule 1 and make consequential changes to the Bill. I acknowledge that they are the correct response to concerns about both the drafting of the clauses on academy standards provisions as they stood on the introduction of this Bill and the breadth of the delegated powers that were proposed. The Government are supporting these amendments at this stage to secure time to engage with the sector and relevant stakeholders, and to reconsider how best to implement the policy intent behind these measures in legislation ahead of Committee in the other place.
Furthermore, in response to the Delegated Powers and Regulatory Reform Committee’s recommendation, we are determined to use this summer’s review to find a way that meets our policy objectives without the need for the Henry VIII power originally sought through Clause 3. The Government remain firmly committed to a fully trust-led school system; to enable this, we are still clear that changes are needed to the way the school system is managed. My noble friend Lord Lexden referred to the Government’s manifesto, but I would also refer him to the schools White Paper, where we set out clearly our plans in relation to this.
We need to establish a statutory framework that enables effective, risk-based regulation and ensures that the same minimum standards are applied consistently across all trusts. By defining the scope within which the Government can set standards, we will be able to protect the core academy freedoms from being amended by the regulations. We want to provide clarity for the academy sector about the limits of the Secretary of State’s powers to make decisions on its behalf, as well as sending a strong signal to the wider school sector about the Government’s commitment to moving to a fully trust-led school system in which all schools can benefit from being part of strong multi-academy trusts. The examples given by my noble friend Lord Harris were wonderful; I look forward to the next conference.
The intention behind the drafting of these clauses was to take an important step towards securing the permanence of that system and to bring clarity to the limits of the Secretary of State’s powers. Although Clause 1 was intended to reduce the complexity of the regulatory landscape by bringing existing requirements into one set of standards, I recognise the concern that, as drafted, the clause would allow a Government to go beyond these intentions. The Government’s aim is not and has never been to centralise power over academies or undermine their freedoms.
As my noble friend Lord Agnew elaborated on, we know that the best academy trusts use their freedoms to transform outcomes for pupils, particularly the most disadvantaged, and deliver improvement in schools and areas where poor performance has become entrenched. We do not believe that great trusts are made through lists of standards and regulations, and we do not intend to micro-manage or further centralise power over them. Rather, we want to simplify the regulatory framework for academy trusts, seeking opportunities for deregulation where it is appropriate to do so. Our intention is to bring back a revised power that makes the limits on the Government’s powers crystal clear. I wish to provide certainty that we will protect the fundamental freedoms to which my noble friend Lord Agnew referred.
Through our work to develop revised clauses, we will seek to establish the principles on which the academy standards will be based and ensure that any delegated powers sought provide a more clearly defined and constrained regulatory approach. Through these reforms, we are committed to creating a regulatory environment that enables the best academy trusts to drive system-wide improvement through innovation and best practice while ensuring that all academy trusts meet the same minimum standards, providing fairness and consistency for all. I will now turn to the remaining amendments relating to Clause 1.
Baroness Barran
Member's explanatory statement
This amendment is consequential on the removal of clause 1.
Baroness Barran
Member's explanatory statement
This amendment would leave out Schedule 1, which contains amendments relating to the application of education legislation to Academies.
Baroness Hooper (Con)
My Lords, I support the noble Duke, the Duke of Wellington, in his Amendment 42. I declare an interest as a co-chairman of the All-Party Group on Dance, as well as having been a pupil of the Royal Ballet School so long ago that it was still then called the Sadler’s Wells Ballet School and it was not then a boarding school. I can vouch for the fact that the academic needs of the children were so well catered for—alongside our specialist ballet lessons, of course—that after I returned to my previous school after an experimental year in London, in digs at the tender age of 10, I actually skipped a year. So, these specialist schools have a very good and fine academic reputation, but they also have an important international reputation and attract international pupils and funding to this country. I hope my noble friend will consider this amendment very sympathetically.
Baroness Barran (Con)
My Lords, these amendments reflect the House’s interest in ensuring that the regulatory framework underpinning a fully trust-led system is fit for purpose. I will take Amendments 10 and 43 together, both of which have been tabled by the noble Lord, Lord Storey. As I have already explained, the Government intend to withdraw Clause 4, to which Amendment 10 relates. This will enable discussion with the sector as to how to implement local governance arrangements for schools in all trusts, as we set out in the schools White Paper. In addition, we have already committed to consulting on the exceptional circumstances in which a good school could request that the regulator agrees to the school moving to a stronger trust. It would be inappropriate, however, to pre-empt the outcome of those discussions and the planned engagement with the sector.
Baroness Barran
Member’s explanatory statement
This amendment, which would leave out Schedule 2 (interim trustees), is consequential on the removal of clause 7.
Baroness Chapman of Darlington (Lab)
My Lords, I congratulate my noble friend Lord Hunt on his Amendments 31 and 32. He explained them very well, so I will not delay the House by repeating what he said. He made some sensible suggestions, born out of experience, and it would be good if we could explore these ideas further. I hope that, when the Bill comes back in the autumn or early next year, the amendments we may see on grammar schools are more in line with those tabled by my noble friend Lord Hunt than those that Sir Graham Brady seems to support in the other place.
We have tabled amendments concerning the handling of complaints too. They could be considered part of the process over the summer. Our Amendment 47 would give local authorities power over aspects of admissions, which is very important in a wholly academised system. The world is changing and the Government want all schools to be in MATs before too long. With that in mind, we need to rethink admissions and, as my noble friend Lord Hunt said, parents’ right to make complaints.
This sits alongside our Amendment 116, which seeks to prevent some of the sharp practices that disadvantage some children under current arrangements. I note what the Minister said earlier in response to the first group on this issue, but we are firm in our belief that this is the best way to manage admissions fairly—through local authorities. She said she would be engaged in a conversation about that with local government and we look forward to hearing the outcome of that discussion. We feel that, if local authorities take that honest broker role on behalf of parents, they will not have a vested interest in the decisions. They will be fair and in some way separate from the schools. That is quite an important change. My understanding is that local authorities will be willing and enthusiastic to undertake that role.
Our Amendment 117 again refers to partnerships. We had a good discussion on this in Committee and the Minister accepted the case we were making in good spirit. I hope she continues to develop this approach through her deliberations over the summer, because I was quite encouraged by her response in Committee.
Baroness Barran (Con)
I thank noble Lords for their contributions to the debate. I will start with Amendments 31 and 32 in the name of the noble Lord, Lord Hunt, which seek to require electronic communications and voting to be permitted during petitions and ballots to remove selection and to make it easier to initiate a ballot. As he explained, these amendments aim to make it easier for those who are opposed to grammar schools to ballot for the removal of selection.
We want to strike a balance between protecting the selective status of grammar schools on the one hand, and the right of parents to vote to remove selection on the other. We will review the grammar school ballot regulations once the Bill comes into force to ensure that they properly cover ballots for academies that are designated as grammar schools. I assure the noble Lord that we will consider his suggestion in respect of electronic communications in this context. However, we do not think that the level of procedural detail set out in Amendment 31 would be suitable in the Bill.
I do not agree that the threshold for calling a ballot should be lowered from 20% to 10% of eligible parents in favour, as Amendment 32 proposes. As we discussed earlier, conducting a ballot can have a significant financial cost, so it is important for those who petition for one to show that they have sufficient support. I hope the noble Lord joins me in being pleased that tutoring is no longer the preserve of middle-class parents and their children. With our national tutoring programme, we are rightly targeting children in areas of deprivation to make sure they also have access to that support.
I am grateful to the noble Lord, Lord Shipley, and the noble Baronesses, Lady Chapman and Lady Wilcox, for Amendments 47 and 116. Local authorities have a key role in our education system. Existing legislation places a duty on local authorities to ensure that every child has a school place. Freedom to set school admission arrangements is therefore limited and rightly constrained by the statutory framework set by the School Admissions Code and admissions law, which applies to all admissions authorities, including academy trusts. This requires that admission arrangements are fair, clear and objective.
Removing this freedom from academy trusts and making local authorities the admission authorities is a step too far, as it would prevent school leaders from making the decisions most appropriate for their school community. Instead, the schools White Paper committed to tackle the concerns directly. As I said in response to the first group of amendments, and repeat given its relevance to these amendments, in the schools White Paper we committed to consult on powers for local authorities to address the exact issues that noble Lords raised—namely, to direct an academy to admit a child or to object to the schools adjudicator where a trust could admit more pupils but will not add places and there is no other suitable option.
We also committed to consult on local authorities co-ordinating all applications for admissions, including in-year, and to work with the sector to develop options to reform how oversubscription criteria are set, in order to ensure greater fairness. I reiterate those commitments today. We think it right that the Secretary of State continues to support local authorities to deliver these duties and that we encourage collaboration. Our commitments in the schools White Paper will deliver that. It is important that we wait to hear sector views through our consultation.
I will speak next to Amendment 46 in the name of the noble Baroness, Lady Chapman, alongside Amendments 102 and 103 tabled by the noble Lord, Lord Hunt. Unsurprisingly, our reasons for resisting the amendments have not changed significantly. First, we believe that there is a route for anyone to complain about the admission arrangements of a school—not about specific cases, as the noble Lord pointed out—whether it is an academy or a maintained school. That complaint route is to the independent Schools Adjudicator. That includes concerns that the oversubscription criteria to be used by the school to allocate places are unfair. The adjudicator’s decisions are binding and enforceable.
Secondly, where parents want to complain about the decision not to offer their child a place, they have the right to bring an admissions appeal to an independent appeal panel, regardless of whether the school is an academy or a maintained school. Thirdly, parents have a right to raise a maladministration complaint where they are concerned that their independent appeal was not properly conducted. These complaints are considered by different bodies—by the Local Government and Social Care Ombudsman in the case of maintained schools and by the department in the case of academies—but both the department and the LGSCO would ask the appeal panel to re-run the appeal if they found it was maladministered. On that basis, the Government are satisfied that there are clear, fast, effective and independent routes in place to deal with admissions complaints. However, the regulatory and commissioning review creates an opportunity to consider the routes of challenge and appeal available in relation to academies, including for parents, which I think is the point that the noble Baroness was referring to.
Amendment 103, tabled by the noble Lord, Lord Hunt, has a similar purpose in mind. The provision of independent scrutiny for academy complaints is an integral element of the requirements already in place for academy trusts. Where a parent has exhausted an academy’s complaints process and has concerns about whether the academy followed the correct process, they can raise their concern with the Department for Education. Where the case falls within the department’s remit, the department will assess whether the academy has handled the complaint correctly. If the complaint is upheld, the department may ask the academy to reconsider the complaint.
I now turn to Amendment 106, tabled by the noble Lords, Lord Shipley and Lord Storey. We considered in Committee a version of this amendment seeking to codify the role of the local authority for all state schools in its area. I have already set out the Government’s position on the matter of local authorities being given the admission authority role. There is existing legislation making local authorities responsible for a number of duties covered in this amendment and so further legislation is unnecessary to achieve those particular aims. They include duties: to provide suitable education for children who would not otherwise receive one, including as a result of exclusion; to identify children and young people in their area who have special educational needs or disabilities; and to work with other agencies to ensure that support is available to meet their needs.
It is important to consider local authorities’ duties for children, particularly those who are vulnerable, in the wider reform context, including as part of our responses to the consultation on the SEND and alternative provision Green Paper and our children’s social care implementation strategy. It is important that we wait to hear sector views through consultation. Ofsted already considers the rate and patterns of exclusion and takes action. Where it finds evidence of off-rolling, it is always included in the inspection report and can lead to the school’s leadership being judged inadequate.
We are also considering recommendations set out in the Independent Review of Children’s Social Care and the national child safeguarding panel’s report into the terrible deaths of Arthur Labinjo-Hughes and Star Hobson on the role of education in issues such as child protection and providing family help. We intend to respond to those later this year in our detailed implementation strategy.
Baroness Barran
(c) in the case of a school which has a religious character, the appropriate religious body.”Member's explanatory statement
This amendment would require a local authority to obtain the consent of the appropriate religious body before applying for an Academy order in respect of a maintained school in its area with a religious character.
Baroness Barran
Member's explanatory statement
This amendment would remove from clause 29 the amendments to the Academies Act 2010 that are consequential on the new s.3A. The new clause contained in the amendment in Baroness Barran’s name inserted after clause 29 gives rise to very similar consequential amendments, so these are consolidated into a Schedule (see the amendment in Baroness Barran’s name inserting the new Schedule 2A).
Baroness Barran
“Schools with a religious character: power of certain bodies to apply for an Academy orderIn the Academies Act 2010, after section 3A (as inserted by section 29) insert—3BApplication for Academy order by certain bodies for schools with a religious character(1)(1) Any of the following may apply to the Secretary of State for an Academy order to be made in respect of a voluntary or foundation school with a religious character—(a)(a) the trustees of the school;(b)(b) the person or persons by whom the foundation governors are appointed;(c)(c) the appropriate religious body.(2)(2) Before making an application in respect of a school under this section, the applicant must consult—(a)(a) the governing body, and(b)(b) the local authority.(3)(3) A person may make an application under this section only with the consent of all of the other persons mentioned in paragraphs (a) to (c) of subsection (1) that exist in relation to the school.(4)(4) Expressions used in subsection (1) and SSFA 1998 have the same meaning as in that Act.“3BApplication for Academy order by certain bodies for schools with a religious character(1) Any of the following may apply to the Secretary of State for an Academy order to be made in respect of a voluntary or foundation school with a religious character—(a) the trustees of the school;(b) the person or persons by whom the foundation governors are appointed;(c) the appropriate religious body.(2) Before making an application in respect of a school under this section, the applicant must consult—(a) the governing body, and(b) the local authority.(3) A person may make an application under this section only with the consent of all of the other persons mentioned in paragraphs (a) to (c) of subsection (1) that exist in relation to the school.(4) Expressions used in subsection (1) and SSFA 1998 have the same meaning as in that Act.””Member's explanatory statement
This amendment would provide certain bodies involved in the governance of a school with a religious character with the power to apply for an Academy order for the school. (In practice, the body may make a single application covering more than one school, provided that the consultation and consent requirements are met for each school named in the application.)
“Specialist schools: power to retain status quoNo specialist school with or without Academy status may be required to become an Academy or to join a Multi Academy Trust without the agreement of the governing body and, where appropriate, the sponsoring institution.”Member’s explanatory statement
This amendment would preserve the present status of such specialist schools as maths schools or music and dance schools, in recognition of their distinctive and national role.
Baroness Barran (Con)
My Lords, with the leave of the House, I would like to add a clarification to the remarks I made earlier about this amendment.
There is nothing in the Bill or any existing legislation that would enable the Government to force a single-academy trust that is not subject to intervention to join a MAT. To be clear, when I talk about “subject to intervention”, that could mean, for example, that a school had been judged inadequate by Ofsted, where the normal existing powers would apply. Furthermore, there are no regulation-making powers in the Bill, or in any other legislation that I am aware of, that would enable us to set regulations to change that. So there is nothing in this or any other Bill, either in regulation or in any other aspect, that would allow us to force a single-academy trust to join a MAT, either specialist or mainstream. I know the noble Duke, the Duke of Wellington, spoke about the maths schools as specialist schools, but in our language a “specialist school” relates to children with special educational needs. We see them as mainstream single-academy trusts.
Earlier there was debate, and questions were asked, about whether the Government would take a power to compel schools. The decision was taken not to assume such a power. I wanted to take this opportunity to underline more clearly the legal position in relation to single-academy trusts.
The Duke of Wellington (CB)
My Lords, I am grateful to the Minister for yet another conversation that we have had on this subject; I am afraid she has had to listen to me quite often. I am grateful to her for her clarification, and I hope it goes far enough to reassure the King’s Maths School and other maths schools that there is no danger of that happening. I am grateful for this assurance. I may come back to it in some other format in the future, but in the meantime I shall not move my amendment.
Baroness Barran
Member’s explanatory statement
This amendment, which removes the definition of “Academy financial year” from clause 32, is consequential on the removal of clauses 8 and 10.
Baroness Barran
Member’s explanatory statement
This amendment is consequential on the removal of clauses 1, 3 and 5.
Baroness Chapman of Darlington (Lab)
First, I congratulate my noble friend Lord Hunt on his amendment in this group. I see it as a safeguard, if you like, against the system not delivering as the Government anticipate. The Secretary of State could deal with the situation without having to come back to this House and, I suggest, it would be in the Government’s interest to consider this amendment positively.
Should the Government choose to adopt the amendments of the noble Lord, Lord Storey, especially Amendments 58 and 59, they would have our wholehearted support. Noble Lords should not be surprised, of course, that the Labour Party takes this view. We lifted 1 million children out of poverty when we were last in government; we introduced the minimum wage and Sure Start; we introduced the first universal free childcare offer and oversaw significant increases in education and spending. This is at the heart of who we are.
This is an urgent and widespread problem. In the north-east, as the right reverend Prelate the Bishop of Durham said, a third of children are already on free school meals, so I know all too well how valuable a free meal is to families. Alternative proposals have been made; for example, providing a free school meal for children in families earning less than £20,000. In Labour-run Wales, reception-age children will get a free school meal from September, with all primary schoolchildren receiving them by 2024.
We are concerned, too, about hunger during the school holidays. Currently, the holiday activity fund benefits only around a third of children on free school meals. I had hoped to discuss this with the relevant Minister last week, but he resigned instead. However, we are concerned about this and while some good evaluation has been done of the holiday activity fund, the fact that we are missing two-thirds of children on free school meals indicates that there is more work to do on why more children are not accessing it. While it is an attempt to improve the situation, it is just not working widely enough.
I say this to the Government: whoever emerges as Prime Minister in a few weeks’ time, he or she will have to bring forward urgent measures to support hard-pressed families. Labour has argued for increases in the early years pupil premium and a recovery action plan, but it is important that we go much further. It is important, too, that we do not make spending commitments without having identified the source of the funding tonight. We are working on how best to do this, so that stigma and holiday provision are tackled as well, because we need to act.
Families are struggling to afford the basics and with inflation, energy costs and food prices all increasing, the situation is just getting worse and worse. I put on record my sincere thanks—thank goodness they are there—to all those schools, teachers, charities and voluntary organisations that are saving lives by doing such amazing work in communities up and down the country. They are trying the best they can to fill this gap.
From our position, the Opposition can only hope that the Government bring forward measures quickly, as the Labour Party has done in Wales. If they do, we will support them.
Baroness Barran (Con)
My Lords, I start by responding to Amendment 57 in the name of the noble Lord, Lord Hunt, on the importance of local flexibility within the direct national funding formula. The legislative framework in Part 2 of the Bill already allows for local authorities to determine and administer certain aspects of school funding. Clause 37 will require local authorities to determine supplementary allocations for each of their local schools if the Secretary of State provides for this in regulations. In practice, this means that schools will be able to receive top-ups to their budget, calculated by the local authority, in addition to the department’s national funding formula. This provides flexibility for local authorities to retain a role in the allocation of funding.
Baroness Barran
“Schedule 2ASections 29 and (Schools with a religious character: power of certain bodies to apply for an Academy order): consequential amendments to the Academies Act 20101 The Academies Act 2010 is amended as follows.2 (1) Section 4 (Academy orders) is amended as follows.(2) In subsection (1)(a), after “3” insert “, 3A or 3B”.(3) In subsection (4)(c), for “that has a foundation” substitute “, all of the following that exist in relation to the school”.(4) In subsection (5)—(a) in the words before paragraph (a), after “3” insert “, 3A or 3B”;(b) in paragraph (c), for “that has a foundation” substitute “, all of the following that exist in relation to the school”.(5) Omit subsections (8) to (10).3 In section 5 (consultation about conversion: schools not eligible for intervention), in subsection (1), for “, the school’s governing body” substitute “as a result of an application under section 3, 3A or 3B, the applicant”.4 In section 5A (consultation about identity of Academy sponsor in certain cases), omit subsections (3) to (5).5 In section 5B (duty to facilitate conversion), for subsection (1) substitute—“(1) Where—(a) an application under section 3A or 3B has been made for an Academy order in respect of a school, or(b) an Academy order under section 4(A1) or (1)(b) has effect in respect of a school,the governing body of the school and the local authority must take all reasonable steps to facilitate the conversion of the school into an Academy.”6 In section 5C (power to give directions to do with conversion), for subsection (1) substitute—“(1) Where—(a) an application under section 3A or 3B has been made for an Academy order in respect of a school, or (b) an Academy order under section 4(A1) or (1)(b) has effect in respect of a school,the Secretary of State may direct the governing body of the school or the local authority to take specified steps for the purpose of facilitating the conversion of the school into an Academy.”7 In section 7 (transfer of school surpluses), in subsection (1)(b), after “3” insert “, 3A or 3B”.8 In section 17 (interpretation), after subsection (2) insert—“(2A) In this Act, “the appropriate religious body”, in relation to a school, means—(a) in the case of a Church of England or a Roman Catholic school, the appropriate diocesan authority;(b) in any other case, such body or person representing the specified religion or religious denomination as is prescribed under section 88F(3)(e) of SSFA 1998.(2B) In the case of a school in relation to which there is more than one religion or religious denomination specified, references to “the appropriate religious body” are to be read as references to both or all of the bodies concerned.(2C) In subsections (2A) and (2B), “specified” means specified in the order under section 69(3) of SSFA 1998 relating to the school.(2D) Expressions used in subsection (2A) and SSFA 1998 have the same meaning as in that Act.””Member’s explanatory statement
This amendment would insert a Schedule into the Bill containing amendments to the Academies Act 2010 which are consequential on the new sections 3A and 3B inserted into that Act by clause 29 and the new clause inserted by the amendment in Baroness Barran’s name after clause 29.