Education and Adoption Bill

Baroness Massey of Darwen Excerpts

Wednesday 16th December 2015 Lords Chamber

[Baroness Massey of Darwen (Lab)]

My Lords, I thank the Minister for the correspondence which he so generously sent to all noble Lords participating in discussion on the Bill. I have sympathy with all the amendments in this group. Certainly, coasting—whatever that may mean—should apply to all schools. I look forward to the Minister’s response to Amendment 24. There is a danger of general confusion over the concepts of a failing school, a school causing concern and coasting schools. Any school can, of course, be in one or all of these categories. But that aside, I agree that regulations defining coasting must be approved by both Houses of Parliament.

We have not yet teased out a definition of coasting. The noble Lord, Lord Addington, suggested additions to this definition and we talked about it in Committee. I realise that a consultation on the term “coasting” is taking place. I am not looking for a list of things that should be included in coasting, but issues such as those raised by the noble Earl, Lord Listowel, should be taken account of, and I hope that they will be.

Perhaps I may again ask the Minister about the consultation. Who is being consulted? Does it include parents and pupils? When will the final definition of “coasting” appear in regulations? I hope it will be in the near future. Supposing one or both Houses of Parliament rejects the definition? Under what powers will we debate this?

[Lord Northbourne (CB)]

My Lords, I support Amendment 15 in the name of the noble Lord, Lord Addington. The Government’s definition of “coasting”, which I have studied very carefully, seems to focus almost entirely on academic achievement, or failure to achieve academically. Is academic achievement the only thing we are looking for from our schools? I think not. Some schools have a very large number of children who do not have much potential for academic achievement. Having been a governor of two such schools, I am very conscious of the important work that those schools can do in supporting those children and preparing them for the challenges of adult life—not least the challenge of being a parent, which so often is their lot.

--- Later in debate ---

[Baroness Massey of Darwen]

My Lords, I support this group of amendments. On Amendment 16A, I always thought it curious that schools applying for academy status must consult, but those issued with an academy order do not need to. To move on, I hope that the Government will accept the amendments on the need to consult. I remember, as I have said, being a parent and governor in London at the time of comprehensivisation. Yes, it was sometimes bloody. The noble Lord, Lord Storey, mentioned trauma. It was traumatic: there were banners in the streets and protests. But finally, having consulted parents, everything settled down. It did not take all that long. The time allowed for consultation can be defined; it does not have to go on for ever.

It is disrespectful and dangerous not to consult parents. Consultation with parents brings them more onside with what is going on and makes them more likely to support the school that their children will enter.

Amendment 15C is interesting and important, but I am reminded of the Minister’s remarks on coasting towards the end of his speech on the first group of amendments, and of one of his letters—I think to the noble Lord, Lord Lucas—which stated:

“Where a school has the capacity to improve sufficiently, we will give it the time and space to do so”.

The Minister refers there to the very important principle of having the possibility to think again, hesitate and perhaps seek further advice and information. I apply this to the Secretary of State. If the Secretary of State may—rather than must—intervene in the issuing of an academy order, that gives him or her an opportunity to look at the situation again. Looking again is often a very good thing.

[Lord True]

My Lords, I agree with many of the remarks of the noble Baroness, Lady Morris, about the role of parents. It may have been 30 years ago that we had the disgraceful intimidation and political machinations in the consultation over grant-maintained schools. However, as I said at Second Reading, if you look at the anti-academies websites and those of many of the other activists who want to stop academies, you will see the same sentiments, tactics, and calls for strike action and action against this measure, so I am afraid that that spirit is still out there in the world. However, the new leadership of the Labour Party may stamp it out, and I look forward to that.

Of course, parents have a role. I do not want to repeat what I said at Second Reading as this is Report, but we need to watch this legislation. My local authority was very grateful to receive a visit from the Prime Minister on Monday, who praised the quality of our children’s services. Many local authorities perform well, and it is a pity that those authorities are not given more space. I am concerned about bureaucracy in connection with the regional schools commissioners but we must address the Bill and the amendments that are before us. The worst amendment in this group is—perhaps not surprisingly—the one that has attracted the interest of the Liberal Democrat Benches, namely Amendment 16A. I would be very disappointed if colleagues on the other side of the House united to support it. The amendment is concerned with schools that are causing concern where children are being failed and where intervention is needed. It proposes that we should delay intervention while someone consults the very governors of the school who have failed the pupils at that school. Those governors are referred to in proposed new subsection (2)(c) of the amendment. Are we in the House of Lords going to state in an Act of Parliament that the very people who have failed children must be consulted before something can be done? I cannot believe that we would support that.

It may well be that the “relevant local authority” referred to in Amendment 16A has failed, and that its performance is causing Ofsted concern. Why, then, should we insist that it be consulted when a school’s children need to be helped, or, indeed, that the teachers at the school should be consulted, as proposed in new subsection (2)(b) of the amendment? It has to be said, although it is harsh, that the teachers at the school may be some of the people whose performance has caused the problems. Therefore, I would be astonished if the Labour Party, which at least pays lip service to supporting academies—I am never quite sure whether the Liberal Democrats support them or not, but most of the time they seem not to do so—were to line up with the Liberal Democrats and say that we must have an elaborate consultation involving the very people who failed children in the first place.

This amendment also refers to,

“the minimum length of time that must be allowed”.

At the very least we should have the maximum time allowed—I suggest no days for pursuing or consulting a governing body that has failed children.