Children’s Wellbeing and Schools Bill
Baroness Bousted Excerpts(2 weeks, 2 days ago)
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Lord Storey (LD)
My Lords, where did it all go wrong? I can look back to those halcyon days where, in primary schools, there were two lessons of PE a week timetabled, and PE covered a whole range of activities, from gym work to games and swimming—children regularly left school being able to swim 20 metres —and after-school sports competitions. In secondary schools, sport was thriving. As we have heard, that was beneficial for the well-being of children and young people and important for their health, with regards to obesity, and for teamwork, working together and understanding each other.
This is not something that can be laid just at the hands of the present Government. In fact, the present Government, in a former iteration, did a great deal of work on sport. People will think that I am a member of his fan club, but the Blair Government brought in some of the most radical proposals on sport that this country has ever seen. Whether it was a mixture of Covid, the recession or whatever, it all suddenly—
Baroness Bousted (Lab)
I am sorry, but I have to interject here to say that the narrowing of the curriculum and the teacher supply crisis was a direct result of austerity, teacher pay falling by 12% in real terms and chronic underfunding of schools, all of which were initiated during the coalition and continued until 2024.
Children absolutely deserve a rich and balanced curriculum, but that becomes much more difficult if they are not being taught by teachers qualified in the subject area but by unqualified teachers. The teacher supply crisis started and became acute during the previous Government. When we have this debate, we cannot ignore the practical consequences of chronic underfunding, chronic undermining of the profession and, from the start of the coalition, a policy of attacking teachers and leaders as being responsible for falling school standards.
There was also a deliberate narrowing of the curriculum through the EBacc to a range of academic subjects, which has meant a precipitous decline in arts and drama and a shorting of the experience that children get in physical education.
I am sorry, but I must put all that on the record. My friend the noble Lord is rightly asking these questions but he is coming up with a different set of conclusions.
Lord Hampton (CB)
My Lords, before the noble Lord continues, I do not recognise, luckily, the dystopian view that he has given. The primary school that both my children were at and the school where I now teach are full for before-school, lunchtime and after-school activities. I put on record in this Chamber that my daughter’s girls team won the under-15 Hackney cup.
Children’s Wellbeing and Schools Bill
Baroness Bousted Excerpts(2 weeks, 4 days ago)
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Baroness Bousted (Lab)
My Lords, I oppose Amendment 452, which has just been put forward by the noble Lord, Lord Agnew, which would limit local authorities’ interventions in admissions to situations where the admissions authority had failed to meet its admissions obligations or had behaved improperly.
Local authorities have a statutory responsibility under Section 14 of the Education Act 1996 to ensure that enough school places are available in their area for every child of compulsory school age. The provision in the Bill to create a duty on schools to co-operate with local authorities to enable them to carry out their place-planning duties as required by law and to co-operate on SEND inclusion and school admissions is entirely necessary and reasonable. It ends the nonsense of academies being allowed to set their own pupil numbers without regard to the number of pupils in the catchment area.
Multi-academy trusts are no longer outliers; they run over 46% of primary schools and 83% of secondary schools. The Government have a duty to ensure that local authorities, on which the legal requirement to provide school places falls, are able to do so. This must require local authorities and multi-academy trusts to work together to ensure that place planning is done effectively and cost-effectively. That is particularly important now, as we are experiencing a decline in the birth rate which is affecting primary places and will affect secondary places. The sustained rise we have seen in pupil numbers since the early 2010s has now been reversed. The number of pupils in England’s school system overall decreased in January, dropping by more than 59,000. Primary numbers have been falling for several years now, but secondary numbers are due to peak in 2027 before falling as the population bulge moves out of compulsory education.
These pupil demographics require co-ordinated place planning. We cannot have a situation where local authorities are legally responsible for providing places for pupils but have no powers to direct the majority of schools in their area, which are academies, to co-operate on place planning, admissions and exclusions. We cannot leave local authorities with the responsibility, but without the authority, to require co-operation on these legal duties.
Lord Nash (Con)
My Lords, it is a delight to follow the noble Baroness, Lady Bousted. She may be pleased to hear that I have advised my noble friend on the correct pronunciation of her name.
I did not hear very well when we were here last week, but the word “devil” was mentioned. Having checked Hansard, I see that the noble Baroness, Lady Bousted, seemed to think that when we had some dealings in the Department for Education, I thought she was doing the devil’s work in working for unions. I could not possibly think that—I always found her the most charming person to deal with—and, as opposed to the devil’s work, I commend the unions on doing what seems to me the Lord’s work in their campaign on smartphones. I look forward to talking to them about that. I welcome the noble Baroness back from her sojourn in the Arctic this summer, and I hope she is finding the atmosphere in the Labour Party at the moment somewhat less glacial than she found it there—although in the current circumstances, maybe not very much so.
I rise to support the amendments in the names of my noble friends Lady Barran and Lord Agnew. Life in the real world teaches one that the benefits of competition are that strong organisations survive and expand, and weak ones demise. While I accept that there may be remote communities where the availability of these schools is essential, as an overriding policy in schools, allowing competition has been proven to be a good thing. Take for instance the London Academy of Excellence in Stratford, which resulted in a rising tide lifting all boats. Apart from its own excellent performance, it has had a dramatic effect on the performance of the other sixth forms in the area. Good schools must be allowed to expand. To not allow this is to deprive children of their benefits, and they certainly should not be forced to shrink.
Turning to my noble friend Lord Agnew’s amendment, local authorities clearly have a conflict of interest under the proposed admission provisions. Surely there must be a right of appeal, as set out in his amendment. I also support my noble friend Lady Barran’s Amendment 502YC, as highly performing schools should be given the freedom her amendment asks for.
Children’s Wellbeing and Schools Bill
Baroness Bousted Excerpts(3 weeks, 3 days ago)
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Baroness Morris of Yardley (Lab)
My Lords, I was not going to intervene in this debate, because I find it quite difficult. I have some sympathy with the amendment that has just been moved, but my position is that teachers should have qualified teacher status. I have not got involved in the fringes of the debate because I think it is genuinely difficult to draw dividing lines. If I have to come down on one side or the other, I come down on the side of people having qualified teacher status. I strongly disapproved of the actions of the previous Government in taking away that requirement for either teachers in academies or for all teachers, I cannot recall.
I have always had sympathy with that range of subjects where, in my heart, I know that many people without QTS—instructor status or whatever—but with that practical experience could motivate children and deliver the curriculum, possibly to a higher standard and more effectively than other teachers. I know from experience as a teacher that very often what happens is that the teacher who is not a teacher of those subjects but who has qualified teacher status ends up teaching. I have sympathy with that and very much hope that, in the understanding that I think the Government have expressed, and in their promise to bring forward further information, some flexibility can be brought back around this arrangement of subjects. I am not talking about exceptions, because I do not want to go down that route; I am talking about an acknowledgement that we do not want to waste the talents of people who have got something to offer to our children. It would be a move that I would very much welcome.
Baroness Bousted (Lab)
My Lords, I will speak in particular to Amendments 436B, 436C, 437 and 437A. Before I became a union leader, doing the work of the devil, according to the noble Lord, Lord Nash, I was a teacher. I worked in university departments of education for over 10 years in York, Liverpool and London, and a big part of that job was to give teachers initial teacher training at MA level and at PhD and research level. I know that no education system can exceed the quality of its teachers and that the value of that training was essential.
It is not enough that teachers just have very good subject knowledge. They also need to understand professional concerns such as effective pedagogy. They need to learn about behaviour and safeguarding. In fact, initial teacher training is now completely transformed. The majority of it takes place in schools. There are various routes into QTS. It is much easier to work towards QTS while you are training or while you are a classroom assistant. Various Governments over a period of years have made the routes into initial teacher training and qualified teacher status much better. It is an important professional qualification which underpins not only the status of the profession but the quality of the education which children are getting.
I would also add that this is a social justice issue, I think, because the fact is that the children who most need teachers who are qualified in the subjects they are teaching are, at the moment, the least likely to get them. DfE evidence to the STRB in 2025 shows clearly that pupils in schools with the highest percentage of pupil premium are more likely than other pupils to be taught by unqualified teachers and non-specialists. They receive a narrower curriculum than other pupils, are less likely to be offered physics as a subject option, and are more likely to be taught by unqualified teachers and teachers teaching outside of their subject area. That is why, over the course of last year, I established and chaired the independent Teaching Commission, whose report, Shaping the Future of Teaching, examines the causes of the teacher supply crisis, which has been two decades in the making—in particular, its effects on pupils whose start in life is disadvantaged, who most need qualified teachers to compensate for the 40% disadvantage gap that is created by poverty before they start school.
Children’s Wellbeing and Schools Bill
Baroness Bousted Excerpts(3 weeks, 3 days ago)
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Lord Leigh of Hurley (Con)
I am only repeating what was in print; I do not know why. Clearly, when one looks at the academies, one can see the tremendous success and improvement to education to the benefit of children in this country. Control of schools by central government clearly and empirically is not the answer, so I hope the Government will listen to my noble friend Lady Barran, whose dedication to this sector I salute, and agree with her amendments.
Baroness Bousted (Lab)
My Lords, I do not want to prolong the debate, but I have to answer the charge that it is simply the academies that are improving standards in education, and maintained schools are not. Research in the area does not show that to be the case. Since 2017, I think, the Education Policy Institute has had a yearly look at the performance of academies and state schools. Last week I looked at the one for this year and, although I cannot remember the exact figures, the general conclusion was the same that it has been every year: there are some very good academy chains and there are some poor academy chains; there are some very good maintained schools, and some are doing less well. When you look at the results in the round, there is no premium, overall, for the academy sector.
The noble Lord may shake his head, but I will happily write to him with the research. I do not want to prolong things, but I just could not sit here and take that remark again. I thought we had discussed it over dinner; now I am saying it in the Committee so that it is on the record. It is simply untrue to say that all the improvement is in one sector of schools and that there is no improvement in maintained schools. That simply is not the case; the evidence and the research simply do not support that.
Lord Storey (LD)
I shall briefly talk generally about all these amendments, which I and my party are not supporting. I ought to declare an interest as a governor of the King’s Academy, Liverpool. I was there at the beginning, when academies were started for a particular reason by the then Labour Government in very deprived communities and were then seized on by the coalition Government, including by David Laws from my party. We would sit through endless meetings, where there were always attacks on the maintained sector, about how wonderful the academies were. I never, during those early days—or even recently—heard the noble Lord, Lord Nash, who is not in his place, or the noble Lord, Lord Agnew, who is not in his place, say, “This academy is doing a really good job but, guess what? This maintained school is doing a really good job”. I never heard any criticism of any other academy. People can nod their heads, but if you look at the record, that was the case.
I remember us pushing, for example, that we should inspect multi-academies. Oh no, we could not do that. I remember trying to suggest that we have an external look at the finances of multi-academy trusts—“Oh no, you can’t do that”. Thank goodness, we have moved on considerably since those days, and I pay tribute to the noble Baroness, Lady Barran, because, during her time as Education Minister, she went to visit maintained schools, and her language and the language of her party has changed considerably. I very much appreciate that. If there is a breach—I am not sure how serious or how weak the breaches are—the Secretary of State should be looking at it and making the final decision. It should not be just left to the academy or the multi-academy trusts themselves.
One recalls that “Panorama” documentary about how proprietors of academies—it was a limited number, thank goodness—were ensuring that some of the work for their academies was going to companies that they owned and that were their own companies. So a repair or construction company would get the work from that academy. It would not go out for tender. There was a big scandal on “Panorama” about it. If that is wrong, action needs to be taken. I do not know what these breaches are, or how serious or wide they are, but it should not be just left to the academy to sort out. It should be sorted out by the Secretary of State and by her Minister in the House of Lords.
Baroness Bousted
“1A In section 120(1)(a), after “teachers”, insert—“(aa) academy schools Chief Executive Officers’ pay,””
Baroness Bousted (Lab)
My Lords, I am aware that it is very late at night indeed. I have waited a long time to bring the amendment but, anyhow, it is not a long speech. The amendment is very simple. It makes one addition to the Bill, and that is to bring chief executive officer pay, usually of a multi-academy trust, but it might be of a single academy trust, under the remit of the School Teachers’ Review Body. This is a necessary step to advance the good use of public money in the provision of education for the nation’s children.
As we know, this is, or at least it was, a cross-party concern. My noble friend Lord Agnew is not here, but when he served as Academies Minister in the last Government, he was highly concerned about the apparently exponential rise in the pay of multi-academy trust CEOs. Indeed, so grave was his concern that, on two occasions, I think, he wrote to the chair of trustees of MATs that were awarding what he considered to be excessive pay rises to their CEOs and called them into his office to meet them and hear the justification for the awards. If he were here, I would have assured my noble friend that I would have very much liked to be a fly on the wall at those meetings.
In 2018, my noble friend wrote a letter to the chairs of academy trusts in England saying:
“I want to emphasise the priority that I attach to the responsibility you and your boards have to ensure that your executive teams manage their budgets effectively and deliver the best value for money. This is particularly important when looking at the pay of your senior leadership teams”.
He added that the then chief executive of the Education Skills and Funding Agency had written to a number of single academy trusts where remuneration for a trust employee was over £150,000 and he would be writing to all MATs where this applied too. He added:
“I believe that not all boards are being rigorous enough on this issue. CEO and senior pay should reflect the improvements they make to schools’ performance and how efficiently they run their trusts. I would not expect the pay of a CEO or other non-teaching staff to increase faster than the pay award for teachers”.
In 2019, my noble friend Lord Agnew wrote again to the chairs of boards of trusts in a letter headed “Excessive High Pay to Employees”, requiring information from those trusts on the salaries and bonuses paid to individuals in those trusts earning more than £100,000. This might not happen too often, so it is perhaps a little noteworthy that I entirely agree with my noble friend. I entirely agree that the pay of CEOs and other non-teaching staff should not increase faster than the pay award for teachers. But my amendment is more conservative than that, with a small C. It would simply put the pay of MAT CEOs and single academy trust CEOs within the remit of the School Teachers’ Review Body, as is teacher and school leader pay.
I gave evidence to the STRB for over 20 years, both as general secretary of the Association of Teachers and Lecturers and the joint general secretary of the National Education Union. The process of giving evidence is rigorous. STRB witnesses are required to submit detailed written evidence to the board on the pay awards that they feel are necessary and just for teachers and leaders. The evidence takes into account the relative pay rises of other workers in the public and private sectors, the state of recruitment and retention in the teaching profession and a host of other wage economy evidence. The STRB then holds in-person oral sessions where witnesses are required to elaborate and build on their written submissions. The review body then considers all the evidence it has been given, including evidence from the Department for Education, and makes a recommendation to the Government which the Government must then decide whether or not to accept. All this amendment would do is put in place the same rigorous arrangements for CEOs of single and multi-academy trusts.
This is a necessary step because there has been an inflationary spiral in CEO pay. Schools Week, the trade newspaper, conducts an annual executive pay investigation, which this year included 1,800 trusts. What this analysis found was that the gap between the CEO and other staff in multi-academy trusts is widening the pay gap. Sixty-four CEOs earned more than £200,000 a year. Five multi-academy trusts registered increases of over 20% or more in CEO pay. Now these pay rises may be justified. The problem is that the taxpayer does not know the reasoning behind them and we do not have an agreed definition of what the job description of a CEO is. How is it different from a head teacher? What is the job weight and how is it weighed by the boards, by the governing bodies?
The danger in a lack of appropriate regulation of CEO pay was well articulated by Sam Henson, deputy CEO of the National Governance Association, who remarked that salary benchmarking for CEOs was
“in some cases, leading to inflationary spirals”.
He added that the benchmarking exercises
“don’t come with an accompanying narrative on how this deals with the massive pressures the sector is under, namely money being … in short supply, ongoing recruitment and retention challenges, and insufficient accountability”
for this role.