Academies Bill [HL]

Debate between Baroness Royall of Blaisdon and Lord Rix

Wednesday 23rd June 2010 Lords Chamber

[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.