Education Bill

Debate between Baroness Massey of Darwen and Baroness Ritchie of Brompton

Wednesday 20th July 2011 Grand Committee

[Baroness Massey of Darwen]

My Lords, I shall speak to Amendments 108, 109, 110, 111 and 112 in this group. I also support the remarks of the noble Baroness, Lady Hughes. The noble Baronesses, Lady Hughes and Lady Jones, have pulled out an important thread in this debate about assumptions that individualism in schools will automatically be a good thing. Of course, I am all for excellence in schools, whatever their names, and excellence not just in academic subjects but throughout the school delivery.

However, the Education Bill, as we have heard, amends the Education and Inspections Act 2006 to require local authorities that think that a new school needs to be established to seek proposals for the establishment of an academy. In effect, this introduces a presumption that when local authorities set up new schools they will be academies or free schools. I am not going to go into all that again—I will express a particular concern. This new requirement to prefer academies and free schools is likely to aid the proliferation of state-funded religious academies and free schools, among others. Academies and free schools are particularly attractive, not only to mainstream religious groups but to minority groups. This is because they are largely unregulated and there is nothing to stop groups with extreme agendas from applying to run these state-funded schools. Are we really not concerned about this?

Academies and free schools with a religious character can discriminate against students and parents in their missions and against staff on the grounds of religion or belief. We shall come on to that later. They can also opt out of the national curriculum and choose not to provide even the most basic sex education biology or to teach creationism. I am not trying to dismantle the whole faith-school system—I hope no one is going to accuse me of that. I am simply trying to promote a balance of provision at a local level. I am concerned that this new requirement on local authorities to prefer academies and free schools when creating new schools will lead to a proliferation in largely unregulated and unaccountable state-funded religious schools. These amendments remove the assumption that new schools will be academies and allow greater consideration of local opinion about what types of schools are created. It is all very well to champion parents, but what about championing children and their right to a full education?

[Baroness Ritchie of Brompton]

My Lords, I shall speak to my amendment in this group, Amendment 108A. As has been said, the passage of the Academies Act last year allowed us considerable debate on the merits of the academy system introduced by the previous Government and accelerated by the current one. Academies have become an established part of the education system and I do not want to revisit that debate. Through this probing amendment I wish to raise local government concerns over the ability of the education system to react to local circumstances. Here, I must yet again declare an interest as the chair of the LGA children and young people’s board.

Amendment 108A would alter Schedule 11 to allow it to continue to recognise the Government’s ambition of seeing schools transferred to academy status, but would retain the necessary local flexibility in the school system to allow for local needs to be taken into account and avoid the creation of a potentially burdensome process for establishing new schools.

Schedule 11 creates a requirement for a local authority seeking to establish a new school first to look at setting up an academy. Councils do not object to that first part of the schedule. However, its subsequent provisions establish a process by which the local authority must report to the DfE on the process of establishing that new academy. Further provisions place restrictions on the establishment of new schools, requiring a council to seek permission from the DfE before considering alternative models of provision and giving powers to the department to order a council to withdraw a notice issued to invite proposals for establishing a new school.

The DfE has projected that while overall pupil numbers in state-funded schools have been in decline, they will increase from this year onwards. Indeed, by 2014, pupil numbers in maintained primary schools will be more than 8 per cent higher than in 2010. Despite the current contraction in demand for secondary school places, the increase in demand for primary school places over the next three to four years is likely to create a sudden boom in the demand for pupil places such that the education system has not had to react to since demand began to decline in 2004.

The primary concern of a council and its community when managing this demand and seeking to establish a new school should be the needs of local parents, and of course of children. Furthermore, councils must be able to balance place provision to ensure that the needs of the entire local area are met. We need to ensure that the Bill does not reduce the ability of local parents, education providers and councils to respond quickly and effectively to new demand and that local choice and diversity of provision are maintained.

Unfortunately, the later provisions in Schedule 11 could restrict the ability of local communities to decide what type of school is established, not only by the creation of burdensome and bureaucratic reporting requirements but ultimately by placing decision-making in the hands of departmental officials in Whitehall rather than locally elected representatives in town halls. Councils understand their residents and local areas well. If local parents do not want schools to be established as academies, there needs to be an option to reflect local parental demand and to establish other types of schools. Councils should not be required to get permission from Whitehall before responding to and implementing the wishes of local residents.