Academies Bill [HL]
Baroness Royall of Blaisdon Excerpts(14 years, 5 months ago)
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Baroness Royall of Blaisdon
My Lords, I shall speak also to Amendments 22B, 60B and 60C. The amendments in this group are designed to probe the Government’s thinking on free state education, because there appear to be mixed messages in the Bill. There is a simple but important principle to which I hope we all adhere. This essential principle is contained in the great Education Act 1944, which was brought in by this Government's coalition predecessor, the last formal coalition Government in this country. The principle is that there shall be universal education for all children in this country, and that that education shall be free.
We have been given assurances by the Government that they do not intend that academies should be allowed to charge. However, paragraph 13 of the Explanatory Notes states:
“Subsection (7) provides that an Academy may not charge for admission or attendance at the school or for education provided there”—
so far so good, but it goes on to state—
“(unless the Academy agreement or grant under section 14 of the EA 2002 specifically permits it)”.
Why the “unless”, and why are there any exceptions? I do not understand. The Bill would allow another party—that is to say, an individual, group of individuals or an organisation—to enter into academy arrangements with the Secretary of State, convince him or her that those arrangements should include the right to levy charges for admission to all education at the school, and open for business. I do not believe that that is the situation, but I would be grateful for an explanation and clarification from the Minister.
Lord Rix
My Lords, I shall speak also to Amendment 75 in my name. The possibility of charging is apparent in this clause. The Minister will be aware that children with SEN have additional needs that sometimes require additional resources. It is the responsibility of the school and local authority to meet those needs. I would be extremely concerned if there were moves to charge parents for special education provision. I do not believe that it is the intention of the legislation to charge pupils with SEN, but I would welcome clarification on this point.
Lord Hill of Oareford
My Lords, I hope that I am able to provide the clarification for noble Lords opposite, including the noble Lord, Lord Rix, and for my noble friends. I start by reassuring noble Lords that academies are prohibited from charging for admission. No pupils on the roll of an academy will have to pay for their education.
On the specific point made by the noble Baroness, Lady Royall, as I said, Clause 1(7)(a) prohibits charging but the Bill as drafted allows for the prospect that an academy may need to charge in certain circumstances. I shall explain the kind of circumstances that I have in mind; I think that we touched on this earlier. For example, an academy may wish to charge for providing evening classes to people not on the school roll. We had earlier debates about wanting a school to be part of a community. Providing evening classes would seem to be a good example of that and the Bill would enable the school to do it. Alternatively, an academy may want another organisation to be able to provide evening classes or other activities that can be accessed by the wider community. Therefore, as we want academies to take part in, and be part of, the local community, that is what the Bill provides for. However, any fees charged would be put back into the academy in accordance with the charitable objects of the academy trust.
So far as concerns charging for nursery or SEN provision in Amendments 67 and 75, I reassure the Committee that academies will not be permitted to charge for education provided during the usual timetabled school hours, including the entitlement to nursery education; nor will they be permitted to charge for special needs provision.
I hope that that provides some reassurance and that the noble Baroness will be able to withdraw her amendment.
Baroness Royall of Blaisdon
My Lords, I entirely accept that the Minister says there is no intention to charge for education. I also acknowledge that it might be acceptable to charge for evening classes—hence the Explanatory Notes. However, I think that there is some confusion here and I should like the wording to be tightened up in some way. At the moment, it looks as though this could be a back door to charging in due course, and that would concern me deeply. Therefore, I ask the Minister to look at this issue so that when we come back to it—and it is something that I shall want to come back to because it is such a fundamentally important question—the wording will have been tightened up.
Lord Hill of Oareford
I am happy to say to the noble Baroness that there is no back door, but I take her point and will of course reflect on what she said.
Lord Hill of Oareford
As I said to the noble Baroness, Lady Royall, the intention is clear. I take on board the point made by my noble friend about the need for clarity. I will reflect on that.
Baroness Royall of Blaisdon
I shall also speak to Amendments 55, 100 and 110. Special educational needs in relation to academies are a key issue for us on these Benches, for Members throughout the Chamber and for many in the world of education, in particular those pupils who have SEN. There is huge expertise in this House, as was demonstrated during the short debate on Monday, when the Minister was clearly in reflective mood. I know that he is listening and I am glad.
I have to say at the outset that I am fundamentally opposed to special schools being included in the Bill—hence Amendment 18. Most local authorities and schools do a good job by children with special educational needs and by their families. Inevitably, local authorities and schools also find parents who are unhappy with the provision that their children receive. The Lamb inquiry, of which all noble Lords will be aware, reported that many parents are happy with what they receive, but it recommended that we need to be tougher with local authorities and schools that do not comply with their statutory duties towards children with SEN. There is much work to be done in this area but I do not believe that the proposals in this Bill will assist in improving the situation for children with SEN. It is vital that we acknowledge that the impact of the Bill on SEN will be far-reaching, controversial and incredibly complex.
Parliament is now being asked rapidly to pass legislation that says that by September this year special schools could reopen as academies. That means, at least potentially, that many of the safeguards and programmes that drive improvements in SEN provision in communities—
Lord Hill of Oareford
On a point of clarification, it is not envisaged or proposed that a special school would be able to convert by this September. The Government have made it clear that it would be the following September—in 2011.
Baroness Royall of Blaisdon
I am grateful for that clarification, which is extremely important. Forgive me if I have misled the Committee in any way.
The Bill, as drafted, could mean that many of the safeguards and programmes that drive improvements in SEN provision in communities would simply be dropped or made no longer relevant. That would redesign the SEN approach taken by government to date and completely disrupt the important work of local authorities in this area. There are also serious concerns that SEN provision could be harmed both by the establishment of academies on such a large scale and by the new academies being drawn from those schools that are already strong and which in many cases would be the best place to take on more SEN pupils and deliver real improvements in SEN provision.
As it stands, and as we have discussed, the legislation completely removes local authorities from consultation on academy status. The central funds for SEN provision will be handed out to many schools in a given area. If that is the case, it is vital that we create a framework that gives local authorities, parents and children with SEN, as well as other academies in the area, some certainty and consistency in relation to other schools in the area about what provision each will provide for special educational needs.
Amendments 18, 100 and 110 deal with the issue of special schools by seeking to remove reference to them in the Bill. The way in which we treat less fortunate members of our society is a good measure of any civilised society. The interests of people with SEN are currently addressed primarily by local education authorities. We are greatly concerned that this Bill will damage the ability of local authorities to fulfil their important role in this field and will run the risk of damaging the education, and therefore the life chances, of a great many pupils with special educational needs—the very last group of pupils whom a civilised society should place at risk.
Earlier, I was mistaken in saying that special schools would become academies in September, which would be much too early. I am glad that that is not the case. However, I still think that the Bill is being taken through its legislative process in haste. Although I now understand that special schools would not have even the permissive right to become academies in September, many issues relating to special educational needs need to be better thought out before such schools are enabled. Perhaps we need to see provisions in the Bill that assure us that all these complex details will be properly worked out before schools for special educational needs can become academies.
The Deputy Chairman of Committees (Baroness Morris of Bolton)
If Amendment 18 is agreed to, I cannot call Amendments 19, 20 or 22 because of pre-emption.
Lord Hill of Oareford
My Lords, I am grateful for the points raised during the debate and for the kind words that many noble Lords have said about my effort to understand these very complex issues—which I have not done fully at all. However, as I said on Monday and am happy to repeat this evening, I cannot see any logical argument why one should not strive for the principle of parity. Whereas I am not able to say to noble Lords that I am able to come up with particular proposals at the moment or to endorse the persuasive arguments made tonight, I have said that I shall come back with proposals on Report.
A number of very persuasive and forceful points have been made, whether they were to do with complaints, funding or transport. I shall reflect on them with my officials. As these issues are more complicated, and as I explained to the noble Baroness, Lady Royall, it is the intention that the schools should not convert until the following year, which gives more time to work these things through. I hope noble Lords will find that reassuring.
I do not know whether I should declare an interest for proprietary reasons, but I shall do so anyway: my wife has been a long-time volunteer and instructor for the Riding for the Disabled Association, working with a wide range of children and adults with a range of mental and physical disabilities. I therefore know a little of some of the work that charities and noble Lords do.
Rather than prolong the debate tonight, perhaps I may respond afterwards to all the points that have been made. I simply restate my commitment to reflect on them and to come back with a proposal on Report. I therefore hope that noble Lords will not press their amendments.
Baroness Royall of Blaisdon
My Lords, I am grateful to the Minister for that response and for again saying that he will come back to this issue on Report. I know that time is tight, but if his amendment could be tabled as soon as possible so that we could see it well beforehand, we could decide what action, if any, we wished to take on Report. I beg leave to withdraw the amendment.
“( ) the school complies with the provisions of the Code for School Admissions issued from time to time by the Secretary of State;”
Baroness Royall of Blaisdon
My Lords, all the amendments in this group state very much the same thing. I therefore support them. I shall speak also to Amendment 169 on the admissions code. The Government have made it clear on a number of occasions that they believe that the admissions code is something by which all schools must abide. We celebrate and welcome this, in particular because there has been some talk, rightly or wrongly, of the Government relaxing or amending the admissions code. I am glad to know that that is not the case.
Lord Hill of Oareford
I will write to my noble friend about that. The ultimate responsibility is with the Secretary of State. I am not 100 per cent certain whether the YPLA is responsible for enforcing it; I believe that it is, but I will write to confirm that. Equally, on Amendment 85, academies are required by their funding agreements to act in accordance with the law on exclusions and to have regard to the Secretary of State’s guidance on exclusions as if the academy were a maintained school.
My noble friend Lady Walmsley raised one or two other points. As she correctly pointed out, there are two codes. Both codes are applied to academies through their funding agreements and that will continue to be the case. I hope that that provides some reassurance to noble Lords and I invite the noble Baroness to withdraw her amendment.
Baroness Royall of Blaisdon
I am grateful for the clarification from the Minister. This has been a useful debate. However, I will reflect on the issue, because it took some time for us as a country to get a strict admissions code that is, to all intents and purposes, properly enforceable. I would not wish for us to retreat from that in any shape or form. I am not for one moment suggesting that that is what the Government are seeking. However, it might be better—and I know that it would inspire greater confidence—if there could be something about that in the Bill. I know from experience that Governments are always, rightly, reluctant to stick everything into a Bill, but this is such an important issue that I may wish to come back to it on Report. I beg leave to withdraw the amendment.
Academies Bill [HL]
Baroness Royall of Blaisdon Excerpts(14 years, 5 months ago)
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Baroness Royall of Blaisdon
My Lords, I will speak to the other amendments in this group as well as to this one, which was tabled by my noble friend Lady Morgan of Drefelin.
We discussed earlier our concerns about the impact of the Bill on local communities, and in particular on the local communities of schools. These concerns are particularly acute when it comes to finance. My noble friend Lord Adonis said in a previous debate that funding arrangements must be fair and be seen to be fair, and this was reiterated by the Minister. They are absolutely right. Unamended, the Bill runs the risk of causing great difficulties with the finances of schools in the area of an academy, to the detriment of the education of children in the maintained schools and to the detriment of the cohesion of the local community. Our amendments in this group seek to require academies to make good any financial deficits in existence at the time of conversion and prevent consequential financial loss to the other schools.
Lord Hill of Oareford
I will reflect on that. The point of the figure is to provide some benchmark. My noble friend Lady Perry is quite right to say that individual circumstances vary greatly from school to school, and each of those circumstances would need to be taken into account in forming a view as to what is a sensible sum. That figure has been included as a rule of thumb, but I take the point that one may need to exercise discretion.
Baroness Royall of Blaisdon
My Lords, I am very grateful for the clear response from the Minister. It is extremely helpful to have clarification on deficits and surpluses. The point raised by the noble Baroness, Lady Perry, is extremely important. That would not have come out if she had not raised it, so I am very grateful to her. With that, I beg leave to withdraw the amendment, but before I do that, I should inform the House that we won 1-0.
Lord James of Blackheath
I interject on behalf of the SEN pupils of boarding schools with a word of caution, and I speak, as I have said before, as probably the House’s only representative of SEN students in my day. In one term alone, there were eight suicides from a student base of 45 at a boarding school for SEN children in 1947. This was a good school, and there was no abuse—indeed, the teachers showed very great kindness and consideration—but it is very dangerous to take struggling young people away and put them together in a school in which they have to cope with their recognition of their total inability to study effectively and have no home life at the same time. Please do not put SEN children into public boarding schools.
Baroness Royall of Blaisdon
My Lords, I will speak to Amendments 26, 27, 56, 57, 99, 103, 109, 111 and 120—a veritable alphabet soup of amendments.
The Government propose that outstanding schools that convert to academies should take under their wing another school that is struggling and that should receive support. This is an excellent idea, but there is no actual provision for this in the Bill. The Secretary of State has made it clear that he will in most cases wait until after conversion to put the arrangements into place, but I suggest that there might be some advantages in being a little more up front about this issue. I welcome Amendment 25 in the name of my noble friend Lady Morgan of Huyton in this respect.
Amendment 26 prevents changes causing untold disruption to sixth forms and colleges in the community, which I believe could be an unintended consequence of the changes. Amendment 27 deals with another seemingly unintended consequence of the legislation. Under the Government’s proposals, academies will be allowed to expand at will and will be able to include sixth-form colleges and primary schools. A school converting to an academy at, say, primary school level could in theory grow until it becomes an all-through academy for pupils from the age of five to 18, but the local authority and the local community will have had no say in the issue.
There could be serious consequences. For instance, a faith primary school could expand into a secondary school, or a grammar school could expand into primary education. Without proper public consultation, the balance of, for example, faith schools and non-faith schools in a given community could be transformed. We would not want such an unintended consequence. The Bill also erodes the ability of local authorities to plan by giving secondary schools, for example, the right to establish a primary class without the need to consult anyone. As the noble Baroness, Lady Williams, pointed out, primary schools are often much smaller than secondary schools. They have much less capacity to budget, to plan for the future, to have in-house services for SEN provision or to have other key shared services.
In principle, there is no reason why primary school children cannot attend an autonomous school. Under the previous Government, all-through academies happened and they were successful. But, like the noble Lord, Lord Greaves, and the noble Baroness, Lady Williams, I wonder whether the academy model is the right model for primary schools right now, as it will necessitate a considerable increase in overheads for primary schools. The resources for shared services could be swallowed up by extra administration, which could have severe consequences for the wider welfare of primary school children in those communities. Amendments 99, 109 and 120 effectively ask the Government to think again about that issue and to think about a framework which might involve more collaboration, as has been mentioned, for primary schools and secondary schools. We think that that might be more appropriate. Therefore, we are thinking along the same lines.
Amendments 103 and 111 deal with what could be seen as a fundamental issue, a problem, at the heart of the Bill. The current academies programme targets areas of inadequate educational attainment and opportunity. Most academies replace existing weak or underperforming schools. Others are brand new schools in areas which need the extra school places. Academies were a key element of the national challenge. They took us to a position where only one in 12 schools fell below the 30 per cent grade A to C benchmark, which half of the schools failed under previous Governments. But I am glad to say that things improved.
Part of the real benefits of the academies programme under the Labour Government was that outside expertise was harnessed for the good of turning around failing schools and it was important to acknowledge a role for innovation. For this reason, academies were obliged to follow the national curriculum in only core subjects such as English, maths, science and information technology. The schools were also taken out of existing local authority control and given the funding for shared services, as we have discussed previously. This was so that they could use the funding to deliver the services, which many, by definition, would have had more need for than other schools, because they were often in the most deprived areas with the most overlapping problems.
Academies have had a higher incidence of pupils with English as an additional language compared to other state-funded schools. Investigating the state of play as regards pupil profile admissions and exclusions, the report by PriceWaterhouseCoopers says that the proportion of children eligible for free school meals in academies has declined at a faster rate than in other schools, with a drop of nearly 6 per cent. The PWC report also shows that the absolute number of pupils on free school meals has risen compared to their predecessor schools. We can see that the fall in proportion does not mean that free school meal numbers have declined but that more children are attending school, as well as more from other backgrounds. Of course, that is a good thing and shows that the schools are getting a genuinely comprehensive intake, which we welcome. Many predecessor schools sadly had unrepresentative intakes. But the PWC report indicates a story of sink schools with a high proportion of children on free school meals attracting a much broader intake to much more successful schools.
By contrast, the Government propose to implement a reform which is aimed at improvements for 20 per cent of schools already rated outstanding by Ofsted. Of course, these schools are likely to have fewer children on free school means attending. There is a real risk that by giving advantages to the strongest and not to the weakest, we entrench rather than erode the inequalities in the education system in this country. That is why it is so important that these excellent schools work strongly with the schools in the most disadvantaged areas, which is precisely why I welcome Amendment 125 in the name of my noble friend. It is important that we deal with this issue up front and I would like to make it explicit in the legislation.
Lord Hill of Oareford
That could not happen. To clear up another often expressed concern that may lie behind the questions of my noble friend and other noble Lords, an academy trust cannot be a profit-making body either—although, clearly, the people providing the service will be paid for doing so.
Amendment 26, to which the noble Baroness, Lady Royall, referred, would require future academies to continue any formal collaboration arrangements established between a former maintained school and FE colleges. As Section 166 of the EIA 2006 allows only for formal governance structures to be established between maintained schools and FE colleges, any partnership would operate on an informal basis. That is what happens currently and it is the right way to continue. It is happening in Luton, where Barnfield College, an FE college, is sponsoring two academies. In practice, that approach seems to be working.
Amendment 27 would prevent an academy trust from changing the age range to which it would provide education—and there was a long discussion subsequently, which I may come back to on later amendments, about the role of primary schools. The amendment would prevent an academy from, for example, providing early years education if it did not do so from the point of conversion and it could prevent it from expanding its provision from secondary to sixth form. However, given proper safeguards, those are the kinds of developments that we want academies to have the freedom to deliver. If that is what local parents want, we want academies to be able to do that.
Baroness Royall of Blaisdon
It is a point about consultation. I am not seeking to prohibit academies from expanding the age range, but the fact is that they would do so without consultation. This harks back to the whole consultation issue and I hope the Minister will consider that point.
Lord Hill of Oareford
I am considering that. On the specific point of sixth-form expansion, an increase in places would require a change to the admissions arrangements, which would itself require local consultation and agreement by the Secretary of State. That may provide the noble Baroness with some comfort.
Amendments 45, 47, 48 and 49 revolve around the debate we had about “wholly or mainly”. I share the views expressed on all sides of the House about boarding academies. I am very attracted to the idea and wish to see whether we can do more with them. Other points were made around a particular specialism and one would not want provisions in the Bill which made that problematical.
As to the specific question about the existing 35 state boarding schools—this provides the answer to the substantive question behind it—yes, they are able to apply for academy status. To respond to the noble Lord, Lord Adonis, the Duke of York’s Royal Military School will become a boarding academy within the current requirements—which, as he rightly said, date from 1988 wholly or mainly—so they have not prevented that from happening. A performing arts academy has been set up in Birmingham to serve that city’s pupils, and I am advised that that has been possible within the “wholly or mainly” requirement. I am alive to the point—I have asked about it within the department—and I am keen to encourage the kind of developments referred to by the noble Lord and others, including the noble Lord, Lord Northbourne. I am keen to do this and I am told that it is not a practical obstacle. I shall be happy to take up the noble Lord’s offer to discuss the issue subsequently and make sure that I am right in my understanding.
Amendment 56, which was spoken to by the noble Baroness, Lady Royall, seeks to ensure that an academy continues to provide for CPD and suggests making it a requirement for future academy arrangements. Everyone would agree on the need for continuous professional development in academies, as in all schools. I am advised that it is one of the areas without the sort of requirement that she suggests. Academies often do particularly well as a result of the overall way in which they approach staff issues and pay and conditions. Academies are supported by education advisers whose role has included looking at this area in particular. I am told that it is working well, so we are not convinced that it needs to be a statutory requirement.
Amendment 57 would require that corporal punishment be prohibited in academies. The School Standards and Framework Act 1998 amended the Education Act 1996. It effectively abolished corporal punishment in all schools by providing that there should be no defence to criminal or civil proceedings as a result of any corporal punishment being given to a child being educated at a school. That provision applies to academies as well as maintained schools and has been in force since September 1999.
Amendments 58, 99, 109 and 120 would restrict academies to particular types or age ranges. Nursery schools are not able to become academies because they cater for pupils below compulsory school age and, to be established, academies must have at least five pupils of compulsory school age. I listened with interest to the debate on primary schools and understand some of the concerns raised. My noble friend Lady Sharp suggested federations of primary schools, which is exactly the kind of thing that one would want to encourage. We have said—this responds in part to my noble friend Lady Williams—that we will work with local authorities to address these issues as the scale and nature of academy conversion becomes clear. As I have said repeatedly, we are approaching this conversion permissively. We are not seeking to make all primary schools convert. We are committed to thinking through the issues that she raised about the practicalities involved for primary schools. We will continue to reflect on that and work with local authorities. That said, we are keen that primary schools of the sort that I visited in Edmonton on my second day in the department—it is a fantastic primary school which has been turned around—have the chance to convert. The headmistress there, Patricia Sowter, was very keen on academy freedoms. Primary schools should have that chance and we do not want to stand in their way.
Amendments 127 and 25 raise a theme that we have debated in previous groups. They would require a school converting to an academy to join forces with a weaker school unless particular circumstances led the Secretary of State to decide that it was not the right thing to do. The noble Baroness, Lady Morgan, said that we have used warm words and that one is looking for more than that. I shall continue to try to heat them up even further if I can. I completely agree with her and other noble Lords who made similar points. The importance of partnership between outstanding schools converting to academies and other schools cannot be underestimated. We have been explicit that each outstanding school will be expected to sign up in principle. They will have to set out their plans as part of that process. However, it is still our view at bottom that approaching partnership on a volunteer rather than a conscript basis may make those partnerships more fruitful, in that they will be willingly entered into rather than perhaps approached more grudgingly. Amendment 127 is not limited to outstanding schools. Our view is that if a school is not yet outstanding, to burden it with a requirement to partner with a school eligible for intervention would not be a sensible way forward.
I hope that my answers have provided some reassurance, particularly on the “wholly or mainly” point, which I recognise is important and am happy to discuss further. On that basis, I urge noble Lords not to press their amendments.
Academies Bill [HL]
Baroness Royall of Blaisdon Excerpts(14 years, 5 months ago)
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Baroness Royall of Blaisdon
My Lords, in moving Amendment 3A, I shall speak to Amendments 4A and 101. My noble friend Lord Adonis drew our attention to the similarity between Clause 1 of the Bill and the relevant Section of the Education Act 2002. However, the difference between this Bill and the section devoted to academies in the 2002 Act is the scale of the new initiative and the fact that this Bill will encompass so many new schools. Therefore, it is right that there are more safeguards and stringent checks than were perhaps required in the past.
Amendment 3A and the first part of Amendment 4A in some ways refer back to the debate on the previous group of amendments, but they are still pertinent. It is surprising that there is no provision in the Bill for any “fit and proper person” test to discern whether a board of governors or anyone to whom they may contract the running of a school are appropriate persons to take on the role of governing an autonomous school without local authority support—and, seemingly, much reduced inspections. This lack of safeguards would be concerning, but it might be understandable were there provision that the concerns of the community were taken into consideration in conferring this significantly increased responsibility or even power on existing boards of governors. This Bill appears to compound that lack of safeguards rather than tempering it by cutting out any right of these obviously vital stakeholders to be consulted. Amendments 3A and 4A are designed to address that crucial gap in the proposals.
The issue of consultation should be central to the Bill. However, as the noble Lord, Lord Turnbull, said at Second Reading, consultation is a serious hole in the Bill. Amendment 101, in the name of my noble friend Lady Morgan, would ensure that the requirement to consult various interested groups in the community is in the Bill. This is not a delaying tactic—I am not attempting to put any delaying hurdles before the Bill—but I believe that consultation is an imperative.
The amendments are also intended to temper an effect that the Minister of State for Children and Families in the Department for Education identified some time ago, when she said:
“Unless you give local authorities that power to plan and unless you actually make sure that there is money available ... it’s just a gimmick”.
I am sure that this Bill is not a gimmick, but local authorities have a role in planning and delivering education in the community that remains far more democratically accountable and responsive than a system that relies on the Secretary of State sitting at his desk in Whitehall. As was pointed out at Second Reading, there is difference between political rhetoric and reality in relation to the Bill. The Prime Minister said some time ago:
“So we will take power from the central state and give it to individuals where possible—as with our school reforms that will put power directly in the hands of parents”.
The coalition programme—in section 4, on communities and local government—says:
“The Government believes that it is time for a fundamental shift of power from Westminster to people. We will promote decentralisation and democratic engagement”.
I believe that consultation is a vital part of democratic engagement. However, this Bill is not so much about decentralisation as about centralisation. Power is being taken away from the people and given to the Secretary of State.
Community cohesion is dealt with in the next group of amendments, but at Second Reading the noble Lord, Lord Greaves, made the important point that the wider views of the community should be taken into consideration in relation to decisions about schools, as the education system must serve the whole community. I believe that the community should be included in any consultation. Consultation, apart from being the right course of action, enables time for reflection about governance and accountability and about how schools can best use new freedoms to their advantage but without disadvantaging the rest of the community. Local authorities, parents, children and the staff—both teaching and non-teaching—see issues in the round and, unlike the Secretary of State, are aware of local circumstances and sensitivities. They are best placed to know the needs of the community and to express concerns that might not have been considered about the consequences of a conversion. They can reflect on the impact on neighbouring schools.
I also believe that there must be parental involvement from the first if the schools are to succeed. That means involvement in a parental consultation process. To have one or possibly two parents on the governing body that makes an application to the Secretary of State is not enough. Wider consultation with parents is needed.
The Secretary of State has said publicly that he hopes that some schools will be able to convert to academy status by the beginning of the new academic year this September. Some looking at this from the outside suspect that the haste and determination with which these schools are to be converted owe more to political considerations than to any particular urgency. I believe that there is more to this issue than politics. Introducing a proper measure of consultation would enable the Government to demonstrate that this Bill is not just about politics but about improving standards and improving our education system. However, time is needed for consultation. If that means that schools that are anxious to become academies have to wait a few more months before they can do so, so be it. Consultation is important for the schools and for communities.
In the Statement, I think that the Minister said—I may be mistaken—that there would be consultation on the setting up of free schools. Why is there to be consultation on free schools, which will then become academies, but no consultation on academies in relation to this Bill?
In my view, consultation is the key to the success of these new academies. Consultation, when properly undertaken, is a means of ensuring that the right policy for a particular school is pursued and of ensuring the wider ownership of this policy. It will engender the confidence of parents, pupils, staff and the community. This is a means of ensuring the success of the policy.
Lord Hill of Oareford
I am grateful to my noble friend. The point about whether schools will be able to convert in time for September has certainly been raised, and there has been a suggestion that the timetable has been politically driven. As I said before, our approach has been to put out the idea and be permissive. Some schools may well convert in time for September, which we think is perfectly possible, as my noble friend says, but other schools will no doubt take longer, and that is also fine.
In response to my noble friend’s more substantive point, which is where my argument was heading, having listened to this debate I recognise that we have to be as transparent as possible in this process. As I said, I recognise the points that have been made about the spirit of consultation, and I can say to the Committee that I am willing to take that thought back to the department and consider how best we can ensure that the conversion process carries the confidence of all interested parties—a point made forcefully this afternoon. On that point, I urge the noble Baroness to withdraw her amendment.
Baroness Royall of Blaisdon
My Lords, this has been an excellent debate and I am grateful for the Minister’s response. It is not that I do not trust people; I fundamentally trust human beings—that is my position. However, I recognise that the need for consultation was not enshrined in the previous Act and that, to date, academies have undertaken consultations because they have believed it to be the proper thing to do, which it is. However, there have been about 200 academies to date and we are now talking about a further 200, another 200 and another 200. If free schools all become academies, that will be an awful lot of schools. We are talking about a fundamental change in our education system. It is not a question of a lack of trust; it is a question of ensuring that proper procedures are undertaken.
I shall certainly reflect on the debate. I certainly understand the fears expressed by my noble friend Lord Adonis, and I would be the last person to want to be overly legalistic. I shall also reflect on the suggestions put forward by the noble and learned Lord, Lord Mackay.
The noble Baroness, Lady Walmsley, suggested that consultation could be dealt with in guidance. That might well be an interesting way forward but, if that were the case—and, as I said, I want to reflect on it, as I shall certainly want to come back to this issue on Report—I would want to see some sort of draft guidance. I would want to ensure that the guidance came before, and was agreed by, Parliament. I believe that consultation goes hand in hand with confidence; it is a matter of dispelling doubts and suspicions.
This is a critical part of the Bill. I am glad that the Minister is going to reflect further, as I think we must all do, and I look forward to our debate on Report. I beg leave to withdraw the amendment.
Academies Bill [HL]
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Lord Phillips of Sudbury
My Lords, the noble Lord made much the same point before the dinner break. If he looks back over some of the legislation that he introduced, he will find that it is peppered with considerations and language of that kind. You cannot legislate without using general terms. The amendment that I have put forward has a long-stop protection in that it is capable of being judicially reviewed. If the noble Lord were to suggest that that is the very evil against which more precise language would guard, I would have to tell him, first, that more precise language cannot be used in a situation such as this and, secondly, that to give a controlled guided discretion to the Secretary of State is a device used in every Bill in every month of every year in this place. I am confident that it will work in this case. You have only to look at Clause 1(6), which refers to,
“pupils who are wholly or mainly drawn from the area in which the school is situated”.
You could argue till the cows came home about what “mainly” means and what,
“the area in which the school is situated”
means. As I say, at times legislative language must, and can only, resort to generalities. I think that the amendment I have produced is capable of being used practically and to effect. The alternative would be to have nothing in the Bill, which I suggest would be the worst of all worlds.
Given the backdrop that I have described, I very much hope that the Government will accept this amendment, which does not apply, of course—I have specifically excluded it from doing so—to maintained schools converting to parallel academies, which will be by far the larger number. However, there would still be a significant number of new free academies, which must surely also be expected to serve the higher purpose of educational justice for all, not just their own pupils. A big society, surely, must be an equitable society, particularly towards its most needy. My amendment may not be perfect, but something like it must be in the Bill if we want to end what Mr Gove called in his Statement today a “segregated and stratified” school system. I beg to move.
Baroness Royall of Blaisdon
My Lords, Amendments 191 and 114 are intended to probe the Government’s view of the long term of this reform and speak to concerns expressed elsewhere in this debate. In answer to questions about the Statement on free schools, I think that the Minister spoke of pilots, although I may be wrong. The amendments to which I speak ask the Government to pilot the Bill’s approach in limited areas, or initially to cap the numbers of these new academies so that the effect on nearby schools can be considered in the light of experience. It seems reasonable to me that if the effects that have been forecast of the disruption and funding shortfalls for vital services transpire, we will know that proceeding further along this road would be an error. Other amendments in this grouping discuss the need for openness and the consideration of the wider effects of this policy when proceeding with changes of status on this scale.
Amendments 119 and 177 relate to the criteria for acceptance of an application for conversion to an academy. Crucially, they relate to the need to consider the local impact of the change in the round and to consider the impact on community cohesion of the change to academy status. These constitute very real concerns. The amendment to which the noble Lord, Lord Phillips, spoke also addresses the local impact of these schools. I support the amendment. Questions need to be answered in relation to the example that he gave of a school in Suffolk.
Amendment 76A seeks to introduce a requirement for academies introducing new or significant sixth-form provision to consult existing providers of sixth-form courses, including sixth-form colleges and FE colleges in the area. It also seeks to ensure that academies are part of regional and subregional planning groups for 16 to 19 provision. This will ensure that there is no duplication of existing provision within an area and avoid inefficiency.
Local authorities currently act as commissioners for courses for 16 to 19 year-olds funded by the Young People’s Learning Agency. They engage with all providers across local authority boundaries to ensure that courses are provided which meet the needs of students and provide the best value to taxpayers. We would need to be assured that that process would continue with academies, because there needs to be an overview.
Amendment 92A seeks to introduce a fair funding element to 16 to 19 year-old provision in academies to ensure that 16 to 19 year-olds are not treated more favourably than existing providers of education for 16 to 19 year-olds. Currently, if an academy provides or introduces new 16 to 19 year-olds’ education, the funding is top-sliced from that which is given via the YPLA to other providers in the area. This funding is provided on the basis that all the places offered by the academy will be filled.
That is not the case for other providers, which are funded on the basis of the places that they have filled in previous years. It can also create an anomalous situation whereby, if places are not taken up at an academy, but the students instead choose to go to a sixth-form college, it is still the academy rather than the college that receives this funding for those places. That creates a financial incentive for academies to offer courses for which there is no or little new demand. I am not an expert in these areas, but when I was alerted to these specific issues, it seemed that these were the very issues that we should be probing and seeking answers on from the Minister.
These amendments are not designed to shackle the Secretary of State and they do not prevent him continuing with his plan. They merely seek to assure those who have perhaps been unnerved by the speed with which he is pursuing an end to any form of community accountability for schools.
Lord Bew
My Lords, I shall address some of the issues raised by the noble Lord, Lord Phillips of Sudbury, in his Amendment 4. Much of this is an issue of context. I was struck by the example of the case in Sudbury, which he gave in his speech at Second Reading. It is of concern that what we are doing with this new second phase of the academies project will leave certain schools and communities behind.
However, I want to suggest an angle of vision on this which I hope will be helpful in a small way to the Committee. If you look at a very traditional elitist system such as that which prevails in Northern Ireland—the grammar school system—which is different markedly from the system that is being discussed, although there is a small grammar school element to it, you will see that the results achieved at A-level and GCE are by far the best in the United Kingdom. At the bottom, the results are not so good—but nor are they now so divergent from those in England. Girls are actually doing better in Northern Ireland. Boys in Northern Ireland are doing worse than in England. However, those results tell you something: the way that our system has evolved over a generation or more is that we now accept that Northern Ireland will for ever lead the academic attainment lists at the highest level in the United Kingdom unless there are changes in policies. They tell you that at the bottom level this elitist system is not as bad in relation to England as we once thought it was. It is actually very close indeed. It is bad to be at the bottom level in England and in Northern Ireland.
The point I am trying to make is that the Northern Irish grammar school system, for all its many joys, was not formed in a political culture whereby a Minister for Education talked, as he was talking today, about using the state as a weapon for equity. In other words, the context is enormously important. It is important that the context is right when we discuss these questions and that the policy of the Government is directed towards greater equality of opportunity, which seems to be, as the noble Lord, Lord Phillips, conceded, where the Minister is coming from. He may not be quite the Marxist-Leninist that the noble Lord, Lord Greaves, talked about, but none the less that seems to be the approach. The status quo is leaving people behind. We already have a segregated system. The status quo is already having negative effects, and the noble Lord, Lord Phillips, whose point about unintended consequences I accept, is rightly concerned that they will become more marked as side effects of this new system.
Schools: Modern Languages
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Lord Hill of Oareford
My Lords, I will be very interested to hear more about the British Council scheme; it sounds extremely good. I would like to talk to the noble Baroness about that and to see whether we could encourage other organisations into it.
Baroness Royall of Blaisdon
My Lords, following the excellent debate on the Academies Bill yesterday—and I hear what the noble Lord has said about reflecting on the teaching of languages in primary schools—I wonder whether, in the Government’s view, the Government’s primary academies should be obliged to teach every child a language. Have the Government made any assessment of the impact of schools opting out of funding provision for teaching languages in other schools in areas where it is a shared service?
Lord Hill of Oareford
The basic question about the overall content, how the curriculum should be constructed and how that applies to all schools is one that the Government are looking at, with regard to academies. There is a presumption that academies will have slightly more freedom over their curriculum than other schools. They are obviously under an obligation to provide a broad and balanced curriculum. Clearly, many academies are already providing excellent language teaching as part of those courses.
Academies Bill [HL]
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Baroness Royall of Blaisdon
My Lords, I am delighted to follow the fine speech of the noble Baroness, Lady Walmsley. We have had a full discussion on the Academies Bill, but it is one that leaves serious questions for the Government to answer, and I endorse what several noble Lords, including my noble friend Lord Puttnam, have said. We will need a goodly time in Committee in order for the Government to address all the issues that have been raised—and that is just by the government Benches themselves.
It is a pleasure to work on the first Bill for which the noble Lord, Lord Hill of Oareford, will be responsible, and I, too, congratulate him on his new role and his eloquent and inclusive speech. I pay tribute to the expertise on these issues that so many noble Lords have ably demonstrated and brought to bear on the Bill, and I must apologise for coming to the debate as someone not remotely qualified to be one such expert. However, I do come to it as someone who cares deeply about education. It is the key that unlocks talents and freedoms, enables people to escape poverty and deprivation, and ensures a successful economy and a healthy society. A fair society needs a fair education system. I hear what the noble Lord, Lord Low, said about the challenges that persist, and as the noble Baroness, Lady Murphy, pointed out, we have to ratchet up our efforts. Notwithstanding the mistakes that some would say were made by the previous Government and which were cited by my noble friend Lord Puttnam, I am proud of our record and very proud of the achievements of my noble friend Lord Adonis, who was our pioneer on the academy programme.
However, I would argue that my noble friend’s vision has been corrupted in the current Bill, and I agree with much of what was said by the right reverend Prelate the Bishop of Lincoln. I congratulate the Church of England on the forthcoming 200th anniversary of its provision of education. Like my noble friend, I believe that the Church of England provides an inclusive education, although I have some concerns that were also expressed by the noble Baroness, Lady Murphy, and my noble friend Lady Massey of Darwen, about the inclusiveness of some of our schools. I note, too, the concern around the Chamber about PSHE, and I would certainly like some responses from the noble Lord, Lord Hill, about its provision, which is extremely important.
Like many other noble Lords, I have visited some superb academies which have transformed the achievements, aspirations and lives of their pupils. I have not yet had the pleasure of visiting a Harris academy, but I can see that that is something that I have to do. I certainly congratulate the noble Lord, Lord Harris of Peckham, on all that he has done. Academies have brought in extra money and expertise, and have improved buildings to ensure that the most disadvantaged pupils from the most disadvantaged communities get a better chance. I know that my noble friend Lady Whitaker, who is not in her place today, will be especially vigilant on the importance of design and the built environment, also mentioned by my noble friend Lady Morgan of Huyton.
The noble Lord, Lord James of Blackheath, spoke of the importance of motivation. I believe that good schools, be they academies or community schools, do motivate young people. That is why education and schools are so important. I note the views expressed by my noble friend Lady Howells about cultural differences and the importance of community cohesion. Of course, not all academies have succeeded, but the vast majority are a success story. So we are not opposed to academies. We celebrate their success, and as my noble friend said, we did want to expand their provision to coasting schools. However we are concerned about aspects of the Bill that we believe are, in effect, more of a return to the Conservative Party’s past policy of grant-maintained schools rather than building on our own policy. My noble friend Lady Morris of Yardley was right to point to the excellent work of some community schools but, like all schools, if they are failing they are doing a disservice to pupils and to the community. I shall read very carefully the speech of my noble friend and that of the noble Lord, Lord Bates, in relation to failing schools.
I shall briefly focus on five areas of concern: speed, centralisation, consultation, funding agreements and standards. First, on speed, I share the concern expressed by the noble Baroness, Lady Garden of Frognal, the noble Lord, Lord Turnbull, and others, and I trust that the Minister will pay heed to the “fallacy of composition” which was mentioned by the noble Lord; I like that phrase very much. I understand that any new Government are anxious to make their mark, demonstrate their readiness for action and signal those areas in which they want to make immediate headway. However, we do not need the “quickies” referred to by my noble friend Lord Griffiths; the pace of reform must not have a detrimental effect. The Bill raises so many unanswered questions and precipitates so much change which will have a fundamental impact on our education system, that the pace of reform as currently envisaged could do more harm than good. Indeed, one of the clauses in this short Bill is devoted to “Pre-commencement applications”, and that is testament to the unseemly and unsustainable rush that we are embarked on at present. I also agree with the noble Lord, Lord Phillips of Sudbury, who said that it is a deceptively simple Bill. I believe that it is a complex Bill when you start delving into it.
The Liberal Democrats have always espoused the principle of local empowerment, and the Conservatives are now wedded to the idea of big society. However, as my noble friend Lord Hunt of Kings Heath said in the debate on the loyal Address, while the coalition agreement proclaims radical devolution of power and greater autonomy to councils, the rhetoric and the reality are somewhat different. With this Academies Bill, local authorities will lose powers, lose influence and lose budgetary flexibility. I do not agree with the noble Lord, Lord Lucas, that this is entirely a bottom-up process. It might be a permissive Bill, but rather than the decentralising measure that we are led to believe it is, the Bill gives more power to the centre and more power to the Secretary of State. Only an order from the Secretary of State will be required to sanction a change. Rather than decisions being taken by local people and locally elected representatives who know the schools and the communities that they serve, decisions will ultimately be taken in Whitehall.
The noble Lord, Lord Northbourne, and others mentioned bureaucracy. As the number of academies grows exponentially, as the Government desire, the Secretary of State will have to create a central bureaucracy to deal with the decision-making. So perhaps we will have decentralisation and bureaucracy rather than the decentralisation envisaged. Indeed, the Minister of State for Children and Families, Sarah Teather, is on record as saying that the creation of 200 academies in 2006 would be a,
“thoroughly centralising measure that allows the Government to be the largest maintaining authority and have a veto that will effectively overrule local decision making of the kind of provision that people want”.
If that was the case for 200 academies, how can the creation of 2,000 or more not be an act of centralisation? I would be grateful if the Minister could explain how the Bill fits into the terms of the coalition agreement on the devolution of power and greater autonomy for councils.
Baroness Walmsley
I have listened carefully to what the noble Baroness has said. Does she agree that a decision by an individual school and its governors—and, one hopes, the parents whom the school has consulted—to apply to become an academy will be taken at a much more local level than even the local authority? It really is local decision-making.
Baroness Royall of Blaisdon
My Lords, that is an interesting question. However, the key issue which the noble Baroness raises is that an application or decision made by a local school should be taken in tandem with the governors, the parents and the pupils. Currently the Bill does not provide for that element of consultation. We must, together, work on that.
I turn to the issue of consultation, which is linked to the role of local councils and the wider community—an issue raised by the noble Lord, Lord Greaves. Under the Bill, the local authority will explicitly not be consulted on applications for schools to become academies; neither will parents nor the teaching and support staff nor the pupils. As other noble Lords have said, the role of parents must not and cannot be underestimated. I was peripherally involved with a proposal for an academy in Gloucester. A consultation was undertaken but parents, governors and pupils did not think that it was as thorough as it should have been. The result was frustration, sadness and ill-feeling—not the best start to the new life of a new school. A good school must have the confidence of the community that it serves. I would suggest that consultation is a prerequisite for confidence.
Many noble Lords and many organisations have raised issues relating to special educational needs, excluded pupils and children in care. They included the noble Earl, Lord Listowel, the noble Lord, Lord Rix, and many others. That leads me to my fourth concern, on funding agreements. Funding agreements must enshrine fairness and cover compliance with SEN legislation and the school admissions code. As the noble Baroness, Lady Walmsley, pointed out, there are problems with the admissions code at the moment. That is why fairness must be enshrined in any new provision.
Several noble Lords spoke of two tiers. The Minister said that the Bill would not create a two-tier system. The noble Lord, Lord Sutherland, said that we do not have a two-tier system now, but a many-tier system. We should not create a situation whereby those schools with the greatest need receive the least resources. That is what we mean when we talk about a two-tier system.
The noble Lord, Lord James, said that we on this side of the House and perhaps others were trying to hold back good schools and excellence. That is not what we are trying to do—we want to ensure fair provision of resources. We want to ensure that special educational needs provision is properly planned, and we do not think that that is the case at the moment. If money that LEAs currently receive for SEN is gradually diminished while schools with the greatest SEN remain as mainstream schools, how will the strategic role of LEAs be maintained and the funding gap plugged? Many noble Lords, including the noble Lord, Lord Baker, rightly said that LEAs play an invaluable role in relation to special educational needs. We must not demonise LEAs, which provide an invaluable function and ensure that many of the duties currently enshrined in legislation are delivered.
I turn finally to standards. The Bill deals with structural change but makes no mention of standards—although the Minister raised the question of standards in his opening speech. That is a further and fundamental difference between our policy for academies and the Bill that we are discussing today. Our programme was to drive up standards for the most disadvantaged pupils. The Bill will do nothing to assist that process. I agree with my noble friend Lady Morgan of Huyton, who said that strong intervention from the centre is necessary to drive forward and maintain high standards.
Most of the current academies which we established are thriving because of the quality of teaching and strong leadership. These factors, as many noble Lords have said, are the most important ones in a good school. There are some superb teachers and leaders in our schools. Under the proposals before the House today, there is a clear danger that teachers from the most challenging schools will be attracted by better conditions to teach in the outstanding schools which become academies, thereby exacerbating the problems in the schools with the most difficulties. I am sure that that is not the Government’s intention, but we must ensure that it does not happen.
Our academies were about improvement for all by means—at least initially—of improvement for the most disadvantaged. The Government’s academies are about improvement for a minority of pupils who are already the most advantaged. As the Sutton Trust said at the weekend, we must provide better education for the many, not the few, and for all children, not just the most privileged. I fundamentally disagree with the view of the noble Lord, Lord Blackwell, about competition in education.
We shall seek in Committee to apply the perspective of the need to ensure a better education for the many. We shall aim to ensure that schools fully and properly reflect the social mix of the communities which they serve; that they fully and properly reflect the views of the local community and the local authority, as well as of parents, staff and governors; and that they fully and properly offer the most opportunity for most pupils. We shall seek to improve the Bill to improve educational standards, educational performance and education for all.