Academies Bill [HL]

Baroness Howe of Idlicote Excerpts

Wednesday 7th July 2010 Lords Chamber

[Baroness Walmsley]

My Lords, I, too, support the amendments in the names of my noble friends. I remind the House that we have already today—and, indeed, in our debates yesterday—come up with several examples of things that could legitimately be included in the annual report. Yesterday, we talked about the effect on primary schools; today, we have talked about the effect on young people with special educational needs and young people leaving care. To that, you could add achievement in exam results and all kinds of other issues. The amendment is not prescriptive in any way, but it is as well to bear in mind the sorts of subjects that Parliament may wish to consider in holding the Government to account when asking questions about such a report. This is a valuable proposal.

[Baroness Howe of Idlicote]

My Lords, I support this suggestion. There will be considerable power at the centre and a need for parliamentary accountability. The approach proposed by the noble Lord, Lord Greaves, and spelt out in more detail by the noble Baroness, Lady Williams, is one that I certainly find acceptable.

[The Parliamentary Under-Secretary of State for Schools (Lord Hill of Oareford)]

My Lords, the issue of accountability that we have just been debating is extremely important, as the amendments rightly reflect. I take the point made by the noble Lord, Lord Hunt, as he prompted me to think whether it is right to make provision for greater parliamentary scrutiny. I think that there is broad agreement across the House on the need for that, which I shall come back to in a moment.

Amendment 17, moved by my noble friend Lord Greaves, would, as we have debated, require the Secretary of State to make regulations to set out criteria for entering into academy arrangements. I hope that he will accept that the Government have made it clear that they will apply a rigorous fit-and-proper-person test in approving any sponsors of an academy or promoter of a free school. We have circulated the draft funding agreements so that noble Lords can see the kind of terms and conditions that will apply to academies. We will publish the criteria for deciding applications from schools that are not rated as outstanding by Ofsted, which, as my noble friend knows, are proceeding on a slower timetable in any case.

That said, since the academies programme started, the signing of the funding agreement has always been a matter between the Secretary of State and the academy trust. The Secretary of State has discretion over his decision in that respect to enter into academy arrangements and will want to review each application for an academy order on its merits. We think that some flexibility is needed in his consideration of these factors to ensure that he can make the right decision in each individual case. We have touched before on the point that the Delegated Powers and Regulatory Reform Committee has scrutinised the Bill and is satisfied that the level of parliamentary scrutiny it includes is appropriate. Nevertheless, as I alluded to yesterday on Report, there is a case for the Government going further in trying to make sure that Parliament has the opportunity to see how the policy is working.

--- Later in debate ---

[Baroness Wilkins]

My Lords, I speak to Amendment 21. In Committee, I spoke about my concerns that the Academies Bill will fatally undermine specialist support services for children with low incidence needs. I am grateful to the Minister for his letter of 2 July in response to these concerns, and to the noble Lord, Lord Wallace, for his reply in Committee. I particularly welcome the Government’s commitment that pupils in academies with low incidence SEN needs or disabilities will receive the support they require from specialist support services. But, unfortunately, my worries have not yet been allayed. The Special Educational Consortium, particularly the National Deaf Children’s Society, RNIB and Sense, share my concerns.

The funding arrangements for specialist support services may be complex but the problem is clear. If funding from the schools budget for specialist support services is to be dispersed widely to a large number of academies in a given area, this will reduce the funding available to existing specialist support services in local authorities. It takes away the pooling of resources that ensures services to children with low incidence needs can be met at reasonable value for money. As the noble Lord, Lord Hill, put it in his letter to me, this will result in “dis-economies of scale”. The noble Lord noted that academies will be able to buy back support from their local authority. However, a survey by the National Deaf Children’s Society raises serious concerns that this is simply not happening. The society found that of 66 local authorities where a deaf child with a statement of SEN was enrolled in an existing academy, in only 17 of these local authorities were the academies buying in support.

So what is happening to the deaf children in the other 49 local authorities? The society suspects that many local authorities are providing services free of charge, but that clearly will not be sustainable with greater numbers of academies. The worst case scenario is that children with sensory impairments are going without the support they need. NDCS is aware of examples where this is currently happening—for instance, in one local authority in Yorkshire and the Humber, where uncertainty over funding and buy-back has left deaf children totally unsupported.

In Committee, the Minister stated that he recognises this is a continuing problem, and that was very welcome. However, I would like him to go further and commit to finding an urgent solution to this problem. I recognise that it is not a new problem. However, if the Academies Bill is going to make matters worse, surely the Minister has a responsibility to act now before the Bill becomes law. In Committee, he suggested that “partnerships among schools” will clearly be the best way forward. Will he say a little more about how this will work in practice? How will these partnerships be funded? What support and guidance are being provided to schools to develop them? How many partnerships are there in place already? Most importantly, what evidence is there that these partnerships will ensure that every child with low incidence needs gets the support that they need?

The Minister also stated that academies will have access to top-up funding to cover the costs of support for children with low incidence needs. He went on to say that this will be funded by the local authority from its schools budget. Will he confirm that this is the same schools budget which will be cut if a large number of schools convert to academies? If so, how can these specialist support services be funded and provided on a reliable and sustainable basis?

The Minister stated that if the academy fails to secure the necessary support, it will be in breach of its funding agreement, and that the Young People’s Learning Agency can investigate, following a complaint. In Committee, the noble Baroness, Lady Sharp, made the important and obvious point that the YPLA is not an inspection agency. In response, the Minister stated that voluntary organisations will monitor the situation. However, surely he must agree that this is a very weak and unacceptable safeguard against the risk that children with low incidence needs will be denied the support they need. Many voluntary organisations simply do not have the capacity to monitor provision in large numbers of individual academies across England. It is not appropriate for such organisations to act as a watchdog, relying on them to make sure that the Government and academies fulfil their legal duties towards children with special educational needs.

My amendment would move funding for specialist support services out of the schools budget and into the LEA budget. This would protect these services from some of the unintended consequences to which I referred earlier. In Committee, the Minister did not set out his view on this. If it is his view that this amendment should not be passed, I should be grateful if he could explain why, and what alternative remedy will be put in its place. My amendment would also give the Secretary of State the power to make alternative arrangements if specialist support services in any particular area are inadequate.

In his letter, the noble Lord, Lord Hill, noted that academies will in future be free to buy in services from other providers. In light of the difficulties that some local authorities have in meeting the needs of children with low incidence needs, I recognise the appeal of this and hope that this option will be explored further, as I have no desire to prop up services that are not doing a good job. However, I stress that this needs to be fully thought through and fully planned for.

I very much welcome the fact that officials have met with the National Sensory Impairment Partnership, as the noble Lord, Lord Hill, pointed out in his letter. I have been told that the partnership also welcomes this and believes that there has been a useful discussion and exchange of views, which it is keen to continue. However, it does not believe that there has been sufficient progress in resolving the outstanding questions and concerns.

The partnership believes that the Government should set up a time-limited working group that will consider alternative arrangements and make urgent recommendations. This group should include representatives from the Department for Education, local authorities, professionals, head teachers of academies and maintained schools, and parents. I firmly agree with the partnership. If the Government wish to show that they are serious about addressing these important concerns about specialist support services and diseconomies of scale, it is imperative that a working group be set up immediately, and I very much hope that the Minister will give me a positive reply to this proposal, which would do much to alleviate the concerns.

Children with low incidence needs may, by definition, be fewer in number. That cannot be an excuse to pass a Bill which would potentially prevent many from getting the support that they need. I urge the Minister to do more than just recognise that there is a problem. He must find solutions before this Bill is allowed to pass. I beg to move.

[Baroness Howe of Idlicote]

My Lords, I support the amendment in the name of my noble friend Lady Wilkins, as I did with regard to her amendment in Committee. I agree with my noble friend and share her concerns on specialist support services for children with low-incidence needs. I also agree that the Minister has not yet, I fear, provided a satisfactory response on these important concerns. I also reiterate the point made by my noble friend that the Government’s desire to pass the Bill speedily must not be at the expense of children with low-incidence needs.

In Committee, I highlighted my concerns about the impact of the Bill on the range of services delivered by specialist support services outside school. For example, many services provide pre-school support directly to families and children to aid language acquisition and to teach Braille. Support may also be given to ensure that children with visual impairments have the necessary independent living skills. Such support is essential if we wish to ensure that children with low-incidence needs are able to fulfil their potential and live independently later in life. The cost of failing to provide such support is likely to be prohibitive to individuals with low-incidence needs and also to the Government’s welfare budget. I am concerned that such services may be compromised if the schools budget for specialist support services is cut when a large number of schools convert to academies. When it comes to low-incidence needs, surely it is vital that our limited resources are pooled and used effectively to fund the services and ensure the best possible value for money.

I am concerned also that these unintended consequences will result not only in wastage but also in very poor value for money. These concerns are shared by the Special Education Consortium. I regret that the Minister did not address the concerns that I expressed in Committee that such preschool services would be undermined by the Bill. I strongly urge him to do so today.