Schools White Paper
Baroness Walmsley Excerpts(14 years, 7 months ago)
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Baroness Walmsley
My Lords, I welcome the White Paper, partly because I have lost count of the number of Liberal Democrat policies contained within its covers and partly because it does not focus on structures but on high-quality teaching and learning and school leadership. I wish to ask my noble friend a few questions. As regards the teaching schools, will there be a cap on the percentage of trainee teachers who can teach children in those schools because children have a right to be taught by experienced teachers as well as by young, energetic ones? Given that it is very important for anybody undertaking training in anything to have time to reflect on their practice and share it with other people, will he ensure that even a single trainee teacher going through the school-based process in a small school will have time to undertake that reflection in some way, perhaps through a higher education institution? I welcome the fact that schools will be judged on the progression of their pupils as well as on absolute attainment. Some schools that do really well with children who start off with very low standards may therefore come out of the failing schools category because they are adding a lot of value. However, can the Minister say how that progression will be measured? Finally, as regards the further guidance on the use of force, can the Minister assure me that all teachers will be given training on the use of force, as are staff in young offender institutions? Will they be given training on how to defuse potentially inflammable situations? If they have to intervene physically in the final resort and when absolutely necessary, will they be given training on how to do that in a way that is safe for the child and for the teacher, and which ensures that the teacher does not land up in court?
Lord Hill of Oareford
I am grateful to my noble friend. The key point around the school-based training is that the quality has to be extremely high. We have to work through the detail of how we will work up the new teaching schools but I will feed back her point about the cap on trainee teachers. My noble friend made an extremely important point about the new floor standards introducing a measure of progression, not just attainment. I accept completely the force of her remarks that judging schools on pupils’ progression, taking into account pupils’ backgrounds and initial standards, is just as important as judging them on attainment. We are working up the detail of how those measures will work and I will be very happy to discuss those with my noble friend. I take the point about the use of force and getting that right. These are sensitive issues. I will come back to her on that and we can discuss further how best to go about it.
Educational Psychology
Baroness Walmsley Excerpts(14 years, 7 months ago)
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Lord Hill of Oareford
I certainly accept the two points made by the noble Baroness, Lady Massey, about the importance of educational psychologists and the role that they play. As I explained in my first Answer, the difficulty with training is that the money that has been given to local authorities so that they can make a voluntary contribution to the Children’s Workforce Development Council is not being paid. Only 16 local authorities have paid that money. We clearly need a better solution than the current one to make sure that funding for training is on a secure footing, which it clearly is not at present. In addition to that, the Green Paper, which looks more generally at the whole future of special educational needs, will look at the question of educational psychologists and, for example, whether we should separate funding from assessment. That is an extremely important issue, which we debated in this House a couple of weeks ago, and it would be part of that process.
Baroness Walmsley
My Lords, is the Minister aware of any cost-benefit analysis of the value of early assessment of children’s difficulties by properly qualified professionals? Does he agree that there is probably an opportunity cost if those professionals are not available?
Lord Hill of Oareford
I very much agree with my noble friend that there clearly must be an opportunity cost if those professionals are not available. I have not seen any cost-benefit analysis but I do not need to be convinced of the benefit and the good that educational psychologists do.
Education: Pupils and Young People
Baroness Walmsley Excerpts(14 years, 8 months ago)
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Baroness Walmsley
My Lords, I congratulate my noble friend Lady Perry on securing this valuable debate and my noble friend Lord Hill on turning up—it just shows that you can’t keep a good man down. I agree with my noble friend Lady Perry that we must be ambitious for children. I agree also with the noble Baroness, Lady Morris of Yardley, about the importance of an evidence base. However, since I was a teacher, the internet has come along and teachers are lucky to have access to more information about what works and a greater opportunity to disseminate best practice than any generation of teachers that went before.
An excellent education is what we seek for all children and for those who come back to education for a second chance, having failed for whatever reason the first time. I shall focus on getting the foundations right, because without good foundations the building will topple.
Getting the foundations right falls into two categories. First, there is the task of getting to know the child and his/her particular needs as early as possible so that the right education can be provided. That means very early contact with trained professionals who can identify whether the child has any particular barrier, physical or mental, to their benefiting from normal education provision. If a barrier is identified, it is then important that suitable provision is made to help them get over it, without parents having to go into battle to obtain it. It may be physical mobility problems, sensory impairment, neurological problems, speech and language impairment, autism, dyslexia, learning difficulties, behaviour problems or emotional problems arising out of a chaotic home background. It may be impaired brain development, resulting from exposure to physical or emotional violence in the home. All these things get in the way of a child fulfilling their potential in the classroom.
It is for this reason that I am delighted to welcome my Government’s announcements about free early-years places for deprived two year-olds and the pupil premium. I welcome also their intention to provide diagnostic tests for all children soon after they start school. However, I urge my ministerial colleagues to bring the age down to two or three if possible and to ensure that the tests are carried out by fully trained professionals capable of diagnosing the wide range of conditions that exist. That is a tall order, but well worth achieving because of the enormous cost-benefit in the long run.
There are considerable difficulties in providing enough professionals with the right skills. Many of us have spoken in the past about the problem of getting speech and language therapists. They often fall between two stools, working in schools but paid for by the PCTs. I hope that the forthcoming NHS reforms may help that situation.
There is also the problem of educational psychologists on which several noble Lords have received a briefing from the Association of Educational Psychologists. It tells us that the Children's Workforce Development Council has frozen recruitment for EP training from 2011 onwards. Combined with the ageing profile of the profession, that could have a serious effect on the availability of these services to some of the most vulnerable children. Will my noble friend say whether the Government intend to look into this?
The second area of getting the foundations right is learning to read and write. You cannot get an education unless you are literate. If you look at a young baby, the first way in which it communicates is not by writing something down: it listens. It listens to the voice of its mother and its father. It detects not just words, but the tone of voice, kindness, persuasion, anger and frustration. It knows immediately what mood its parent is in and often mirrors that in its response. Then it learns to vocalise and eventually to speak. Your Lordships may see what I am getting at. We must foster listening and speaking before we trouble children with reading and writing.
Until a child can express a thought in words, it cannot be expected to turn that word into a squiggle on a page. That is why it is so important to address communication difficulties early. That is why I have always been sceptical about imposing phonics on all children at a particular age without reference to the teacher’s professional judgment about whether the child is ready for that style of learning which, I admit, works well for many.
There is a need for more children’s radio than we have on offer at the moment and I took the opportunity of promoting that idea to Sir Michael Lyons when I met him last month. If you want a child to concentrate on language, pictures can be distracting. They have their place, especially in early reading books associating words with pictures, but if you want to encourage a child to listen you should sometimes ask him to concentrate on that.
Stories and rhymes read aloud in programmes aimed correctly at different age groups lend themselves perfectly to the medium of radio. It grieves me that all we have now is a single catch-all programme on Radio 4 that does not succeed in serving any age group at all and is not listened to by many. I urge the BBC to pilot a new children’s radio station. It could be very exciting, especially if it was as well researched as “Teletubbies”. It could serve all children, but particularly the many thousands for whom English is not their first language and young children who are learning to listen and speak before they read.
Finally, I mention the important issue of life skills and the well-being of the child, which makes him ready to learn. A child cannot learn if he is distressed, and many schools these days find themselves needing to take care of a child’s emotional needs before they can help him to learn.
Lord De Mauley
I draw your Lordships’ attention to the fact that this debate is time limited and Back-Benchers’ contributions are limited to five minutes.
Education: Special Educational Needs
Baroness Walmsley Excerpts(14 years, 8 months ago)
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Baroness Walmsley
My Lords, it is my pleasure to follow the excellent maiden speech of the noble Lord, Lord Stevenson of Balmacara. The noble Lord hails from the north-west of Scotland and read natural sciences and chemistry at Oxford. He was a senior policy adviser to the former Prime Minister Gordon Brown. For 11 years he had a most distinguished career as director of the Smith Institute, which, as noble Lords will know, is a centre-left think tank, established in the name of the late, great John Smith, former leader of the Labour Party. The institute describes its purpose as pursuing,
“policies for a fairer society”,
and aims to build on John Smith’s passion for social justice—a passion many of us in this Chamber share. The noble Lord has a hinterland and I am delighted to welcome a fellow gardener to your Lordships’ House. No doubt the noble Lord, Lord Puttnam, will be pleased that the noble Lord is also very keen on cinema and was the director of the British Film Institute. However, the noble Lord will be pleased to learn that he is not alone in your Lordships’ House in having an interest in beekeeping. Here he will find plenty of workers and not a few queens. He will also find a tremendous cross-pollination of ideas in this Chamber, to which he has already begun to make a valuable contribution. I think we can assure him that we will keep him very busy. I look forward to many more excellent speeches from the noble Lord.
I turn now to my own thoughts about the Government’s policy on special educational needs, following the Ofsted report. I will concentrate on speech and language needs and teacher training. The previous Government found that children with speech and language needs were not being well served and set up the Bercow review, led by the now Speaker of the House of Commons. Its report has served as a useful basis to allow us to move on. Your Lordships will be aware that my honourable friend Sarah Teather, the Minister of State for Children, has now sent out a call for views about the experience of children with SEN and their parents, with a view to making further improvements. Ministers are considering options on how to give parents a choice of educational settings to meet their children’s needs; transform funding for children with SEN and disabilities; make the system more transparent and cost-effective while maintaining quality; involve parents in any decisions about the future of special schools; support young people with SEN and disabilities post-16; and improve diagnosis and assessment to identify children with additional needs early. All these objectives are important to children with speech and language impairment.
Following the publication of the Ofsted report, a great deal was made of the suggestion that there may have been a large amount of misdiagnosis of children with special needs. I am convinced that this was something of a distortion of what the report actually said. However, it is true to say that if teachers were better trained about special needs, and if leadership teams were more focused on them, there might be less necessity to attach a label to some children and their needs could be fulfilled by more flexible interventions in the classroom. This would avoid the need for parents to have to battle for additional services. While I am all in favour of improving the qualifications of teachers and turning the profession into a Masters level one, it is important to emphasise the value of teachers learning about SEN and child development during their initial teacher training. This will underpin their practice for the rest of their careers and allow them to make sounder professional judgments. We must not lose that in initial teacher training as we move to more classroom-based training. As we free up the curriculum and rely more on the expertise of teachers, we have to move from training teachers to deliver the national curriculum to training them in pedagogy and child development. Then perhaps we will have teachers who understand how to use the tools already available to them for recognising and diagnosing special needs, and who have real ambition and aspiration for all children with special needs.
It is true that most children with speech and language impairment and hearing impairment are just as able as the rest of the population to get good GCSEs and A-levels and to go to university, given the right interventions. However, sadly, some children are labelled as having learning difficulties just because of speech impairment. It is sad to hear a parent say, “They think my child is stupid”, when all he needs is speech therapy. However, as with many things, early intervention is important. I welcome my Government’s announcement that all children will be screened at five. However, I urge the Minister that we need screening in the early years, and perhaps yesterday’s announcement about two year-olds will give us more opportunity to do that. This is already Liberal Democrat policy. We need to screen children soon after they move to secondary school, perhaps after the transition year when they have settled down, and always if a young person enters the criminal justice system. As the noble Lord, Lord Ramsbotham, is not able to be here today, let me be the one to remind the Minister about the large number of young offenders with speech and language impairment. Will he therefore say how the focus on avoiding custody and having community penalties for young people will affect the drive to identify and deal with this sort of special need among young offenders?
Academies Bill [HL]
Baroness Walmsley Excerpts(14 years, 11 months ago)
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Lord Hunt of Kings Heath
My Lords, in Committee and on Report, we had interesting discussions on the role of governors. Over the past 10 to 30 years, we have seen governing bodies take on major new responsibilities. The governors have given a great deal of time and I am sure that noble Lords will acknowledge that we should be grateful to them for their contribution and work.
Academy status will bring even more responsibilities to those governing bodies, and we on this side think it important that parent governors play a full role in their deliberation. In Committee and on Report, we debated the proportion of parent governors who ought to be on a governing body. However, in the course of the debate on Report, the noble Baroness, Lady Sharp of Guildford, asked for an assurance that however many parent governors there will be on a governing body, they should be elected by the parents of students at the school.
On Report, the Minister promised to look into this point and my amendment presents an opportunity for him to respond to it. I beg to move.
Baroness Walmsley
My Lords, my noble friend knows how very much we, too, believe in the importance of parent governors. The Minister was kind enough to send us the model funding agreement, but he will be aware that annexe A, which is the memorandum and articles of the academy trust, was not attached to it. The previous model, from the previous Administration, required at least one parent governor to be elected. Can the Minister confirm that that will be in the model when it is published? As the noble Lord, Lord Hunt, said, the Minister confirmed in response to a question from my noble friend Lady Sharp at col. 260 on 7 July that there will be elections for parent governors. I hope that he will be able to confirm that further today.
However, the Labour amendment is not helpful to new academies as it does not allow a parent to be appointed in the run-up to the opening of a new academy, as did the previous articles. That would be a very desirable time to have a parent governor, while the new school is taking shape, but the amendment would not allow for that. I do not know whether the noble Lord has taken that into account.
Baroness Howe of Idlicote
My Lords, it will not surprise your Lordships to know that I fully support the amendment, and would be grateful for the additional reassurance asked for by the noble Baroness, Lady Walmsley: that, at least in the old academies, as it were, there will be elections. Sadly, I remain unconvinced that we do not need to specify a number of parent governors to be represented on the board, which was the whole purpose of my previous amendments. I will not go into that again, because we are on Third Reading, but I would love to have more reassurance from the Minister.
Baroness Howe of Idlicote
My Lords, I, too, support this amendment, as I have done on previous occasions. It is sad indeed that the Minister has not yet been able fully to satisfy our concerns. Disabled children and those with SEN often need specialist support to ensure that they achieve positive learning outcomes. These services are crucial for pupils with a wide range of disabilities and have a unique role to play in the education of children with low incident disabilities such as blindness, partial sight and hearing impairments.
Specialist support services are not focused solely on the delivery of the curriculum. They also provide much-needed training and skills to support independent living, and examples of some of those specialist services give a clear view. I cite the teaching of Braille and of British sign language, independent living training to enable independent personal care skills and home skills, mobility instruction and pre-employment support. Local authorities have traditionally provided specialist support services to all schools, using funds retained from school budgets to ensure adequate provision throughout their areas. There are strong concerns that, as academies move out of local authority control, so will their revenue, reducing the amount available overall to specialist support services and relying on academies to commission the services they require. I hope that while the Bill is still with us, we will have further assurances from the Minister. Otherwise, as the noble Baroness, Lady Wilkins, said, the issue will come up again in the other place.
Baroness Walmsley
There are indeed many complex issues to be further explored and I am sure that this will be done in another place. This morning I briefed my honourable friend Dan Rogerson MP, who will be handling the Bill on behalf of these Benches in another place, beginning on Monday.
One of the complex issues, for example, is that the amendment of the noble Baroness, Lady Wilkins—the spirit of which we certainly support—does not explain how the money retained centrally can transfer to the academies. Is it the expectation that a local authority will make the provision in an academy? Can the Minister confirm whether a local authority will have physical access to an academy to ensure that provision for low incidence SEN pupils is satisfactory? After all, it is being asked to pay directly for that provision.
Lord Knight of Weymouth
In the conversation that the noble Baroness had with her group in the other place, was it discussed whether any amendments will be allowed by the Government? Given the tight timetable of Second Reading and Committee stage on the Floor of the other place in the same week, it looks as though the Government want to get this Bill on the statute book before the Recess; therefore there will be no amendment because there would not be time for it to come back here.
Baroness Walmsley
I understand the point that the noble Lord, Lord Knight, is making, but I did not discuss that matter with my honourable friend. After all, the procedure at the other end is not a matter for a Member of this House; it is entirely for the other end.
On statementing, the general duty on local authorities to ensure that appropriate children are statemented is not within the scope of the SEN obligations. It is a discretionary matter for academies as to whether they put forward children for statementing. Therefore, on one view, children in academies might be disadvantaged; on the other hand, the likelihood is that academies might overpresent children for assessment for statements—but this, of course, has its own problems.
That the noble Baroness, Lady Wilkins, has felt it necessary to table this amendment again highlights the fact that many noble Lords are still not satisfied that the mechanism is fair and transparent for calculating how much extra funding goes to the academies and how much will remain with the local authorities to enable them properly to carry out their duties in relation to the children in maintained schools.
In Committee, the noble Lord, Lord Hill, accepted that these arrangements must be seen to be fair and undertook to,
“reflect on the underlying principle of making sure that there is transparency and trust in these arrangements”.—[Official Report, 23/6/10; col. 1333.]
The ready reckoner on the department website has a lot to answer for and the funding mechanisms are clearly a work in progress. We have suggested that someone needs to take an independent view that these arrangements are fair to children in and out of academies. However, because of the rules on Third Reading, we were not allowed to table amendments containing further ideas on how this might be done.
We are not convinced that the YPLA is up to the job and remain concerned about this matter. As I said earlier, we have briefed our colleagues in another place, who will now have the opportunity to explore these issues further. The Government have time to get this right and we on these Benches hope that they will do so.
Lord Willis of Knaresborough
I was not in the House when the Bill was presented, but I wish to raise an issue on this important amendment moved by the noble Baroness, Lady Wilkins. Since 1979 and the Warnock report, Governments of all persuasions have committed themselves to the principle of inclusive education, of allowing children with mild and complex special needs to be taught with their able peers within mainstream schools. Will the Minister say whether the Bill recognises that the small number of SEN children who appear in mainstream schools, and who will appear in some of the academies, may be refused entry simply because the school does not have access to adequate facilities to make provision for those children? They have specific needs that require funding. I hope that my noble friend will respond appropriately when he replies to the amendment.
Baroness Perry of Southwark
My Lords, I am surprised and sad that the amendment has come back at Third Reading in this form. Like many other noble Lords, I have engaged in a lot of discussions with a lot of schools that have for some weeks been engaged in the process of moving to academy status. The normal procedure that they have described almost universally—with slight variations, although they have all consulted—is that the head of the school first talks the proposal through with the staff to get the feeling from inside the school. What head is going to go ahead with a change to the school’s status such as this without taking her or his staff with them? That scenario is unthinkable. Then there is a lot of discussion between the governing body and the head. After that, the governing body goes out to talk to parents.
Almost all these schools have had meetings with parents to explain what academy status would mean and why they want to move ahead. The church schools have consulted the diocesan board and the church; there have been long discussions and many of the diocesan boards have had extensive consultations with their schools and, in many cases, with each other. There is a huge amount of consultation and it is unthinkable—absolutely unthinkable—that any school, any head teacher, any group of staff or any governing body would want to press ahead in some sort of secretive way without making sure that they were taking the staff, the parents and the local community with them. That is the way schools operate.
Once again, there is an arrogance in this House that we are the only people with good intentions. Just 20 minutes ago we were talking about those excellent governors and our faith in them. Why can we not trust the people who run our schools and education services to behave in a sensible and honourable way? That is how they have always behaved. The schools that I have talked to—I am sure many noble Lords have had the same kinds of conversation—have behaved in that way. To be prescriptive, to write down as a rule that we are consulting only because it is the law, would be alien to the way in which good schools operate—and only good schools will come this way.
I am equally certain that, when we move past the stage of the first Ofsted excellent schools wanting to become academies and move to some schools that may be more questionable, the Secretary of State and the civil servants in the department will closely question them as to the nature of the consultation they have had as part of due diligence. The amendment is unnecessary, arrogant and plain rude to the people in the education service that we all support. I very much hope that the noble Lord will withdraw it.
Baroness Walmsley
My Lords, we on these Benches are second to no one in our enthusiasm for proposing the most widespread appropriate consultation on a matter such as this which is so important to every school. That is why we were so pleased that the Minister brought forward the amendment on Report to put into the Bill the consultation that had been lacking in the original Bill. However, the noble Baroness, Lady Morgan of Drefelin, and her predecessors, has convinced us on numerous occasions of the dangers of lists and of being prescriptive as to who you should talk to about this, that and the other.
Baroness Morgan of Drefelin
My Lords, does the noble Lady agree that we are still convincing those on the other side of the Chamber of the dangers of lists? The right honourable Secretary of State for Education is experiencing a very difficult time with lists at the moment. We stand firm on that position.
Baroness Walmsley
The noble Baroness is very quick on her feet this afternoon but that is not the sort of list we are talking about. The list in Amendment 3 is dangerous because it probably leaves somebody out. In an individual school’s case, there may well be somebody who is appropriate to consult but who is not in the list. There are times when you have to trust schools. You have to trust what was in the Government’s amendment on Report, which is now in the Bill, that appropriate consultation must take place. Matters such as this will have widespread publicity within a local area, and any organisation that believes it is an appropriate group within the terms of the previous amendment from the noble Lord, Lord Hill, but has not been consulted will certainly jump up and down and shout about the matter, making sure that the governors of the school know its view on whether the school should go ahead.
I remind the noble Lord, Lord Whitty, that a school does not become an academy until the point of conversion. Although I personally strongly encourage schools to consult at the earliest appropriate moment, as I have already encouraged them to do in this Chamber, it must be done according to what we have in the Bill now, before conversion. That is vital.
Baroness Morgan of Drefelin
My Lords, I have learnt so much about conversion in the process of this Bill. I have learnt about the noble Baroness’s conversion to the benefits of the academy model promoted by those on these Benches and now by the party opposite, too.
We come back to what the Minister has talked about through our deliberations: the need to get the balance right between central prescription and local innovation, and the need to trust schools. Nobody in their right mind would think it a good idea for anyone in central government to be rude to schools or to put themselves in a position where they have to apologise individually to them. That is something that all of us around the Chamber take seriously.
Listening to my noble friend Lord Whitty proposing his amendment, I thought that what he said was very reasonable. At the heart of what he is asserting is the need for good guidance for schools. We are talking about potentially large numbers of sometimes quite small schools having to go through a process, and about giving them the right kind of support and guidance. I looked at the guidance that is available on the Department for Education's website. Consultation does not feature very strongly in that; it does not even get its own little blue box in the summary of the conversion process.
On Report, the Minister said that the Government were,
“amending our advice to converting schools on the department's website to include guidance on good consultation practice. We will discuss with an applying school as part of the conversion process what arrangements it has made for consultation”.—[Official Report, 7/7/10; col. 309.]
I would be happy if the Minister would explain whether the advice on the website has been updated since Report. We are in a very fast-moving process and if the Government are committed to providing full and proper advice and guidance to schools on consultation, that needs to happen quickly. The advice that schools get from the website about the communication that they should have with the local authority suggests that they should simply ask it to prepare for them details for the transfer of land—deeds and such. That is the context in which a conversation with the local authority is suggested.
There are good, simple suggestions on the website about how schools might consult parents, such as sending a letter to them explaining the proposals and perhaps meeting them. However, I am concerned that the only communication with the local authority should be to ask the local authority,
“to gather land ownership and land registration documentation and information”.
Surely there is a lot more that the school would want to talk to its local authority about. Will the Minister update that guidance, and soon?
Baroness Walmsley
I would love to hear what was said a few minutes ago. We are very much in favour of consultation on this side of the House.
Lord Knight of Weymouth
The noble Lord will know that academies have been used to replace failing schools, so there is a fundamental difference in the policy reflected in this Bill. We are being asked to agree arrangements for academies to convert from outstanding schools and, in this case, we are discussing additional schools. There are one or two additional schools for which my noble friend sitting next to me, or I as the Minister responsible, might have been able to find the additional money. That is why I keep asking the Minister whether he has some revenue funding that he has not told us about and whether he has agreement from the Treasury. In these straitened times that is unlikely, so it is most likely that it will come from other schools in the local authority area.
Is the Minister aware that following the unfortunate Building Schools for the Future announcement, there is a considerable appetite among local authorities to take legal action against his department when things are rushed out without working through the details? That is what is happening because of the unexplained desire to get the Bill on the statute book this month.
I know that I have asked the Minister a lot of questions, and he may want to write to me with some of the answers. Since I raised it in this Chamber last week, I would be most grateful if he could explain in his summing up how revenue funding will work for these additional schools, and why the Bill does not provide for consultation with local authorities and school forums.
Baroness Walmsley
My Lords, I, too, welcome Amendments 6 and 7, and I am glad that the noble Lord, Lord Hill, has responded to the persuasion and effective blandishments of my noble friend Lord Phillips of Sudbury on this matter.
I have a question on proposed new subsection (4) in Amendment 6, which states:
“For the purposes of subsection (3)(a) a school does not replace a maintained school if it provides education for pupils of a wider range of ages than the maintained school”.
Will the Minister explain that, because it is not covered by the letter which he wrote about the government amendments of 9 July 2010? I think it means that it excludes from consideration as an additional school an academy that decides to establish, for example, a sixth form that did not exist before. I would not want this part of the Minister’s amendment to work as a loophole that would allow schools covering substantially the same age range, but with a little tweak at one end or the other, to be established without the Secretary of State having the very serious job of considering the impact on other good schools in the area.
Lord Bates
Briefly, I support my noble friend and place on record a slight disagreement on the amendment from this perspective: I am rather pleased that the wording is retained—that an additional school should consult with such persons as appropriate. It is fair to say that there is potentially a different view. I believe that it is a philosophical point about how we do government. It is about whether we want to go back to the day, which has been tried before, when we have Bills that run to 250 pages. They are so prescriptive about what everyone has to do, and people respond to that simply by taking a tick-box approach to everything—“Have I spoken to them? Have I spoken to them?”. They never bother to contemplate and absorb the issues. There is an attempt by the new coalition Government to do things differently. They are saying, “We are prepared to trust people and introduce legislation which is not prescriptive but is simply enabling people. If your school has been judged outstanding by Ofsted, clearly you are doing a good job and we trust you to do the right thing in the right way. If you are a new school and you have support for that, you have greater authority and we want to trust you”. That message needs to come across so I urge the Minister not to concede any further ground on this amendment. I think that it is fair enough as it stands.
Baroness Walmsley
I do not want the noble Lord to get away with the idea that I do not support these amendments. I simply asked the Minister a question about subsection (4) of the proposed new clause.
Lord Bates
Let me correct that for the record in Hansard. There was no suggestion of that at all.
Baroness Williams of Crosby
I am grateful to the Minister and to the Secretary of State in another place for the consideration and care that they have given to the whole issue of accountability. The Bill has improved considerably as a result of discussions in this House. We have had long discussions about the issue of consultation and governing bodies, and the net effect of this has been that we have a much more accountable and responsible structure in the Bill than we had when it began. For that, and for their willingness to listen, I thank them both.
At an earlier stage in the Bill, when my noble friends Lord Phillips of Sudbury and Lady Walmsley were very concerned about issues of accountability, we came up with the proposal that there should be an annual report to Parliament, and it is still highly appropriate to hold on to that. It is correct that the Government should have accepted this amendment and I thank them for their help in drafting it.
The purpose of the amendment is to enable not only the Select Committee but Parliament itself to consider what is, after all, a major experiment in education. There will be many aspects of that major experiment that people will want to look at. What happens to the quality of schooling, the movement of teachers and school leadership? What happens to the heads and governing bodies? There will be many more questions. So it is appropriate that a wider body than even a Select Committee should be brought into this discussion. One of the important issues here is going to be that the basis on which statistics are laid down in the annual reports should be broadly comparable with those in other related reports. My noble friend Lord Phillips will say more about that.
I shall point to two things in particular that are crucial in this report that we hope will be made available on an annual basis from this year onwards. The first of those is to track the effects of the removal of a great deal of what one might describe as “micromanagement” from the schools. Many of us on this side of the House, and many of us in the coalition, have been concerned about the levels of micromanagement in schools, and we believe that there is likely to be a more innovative approach and a greater deal of discretion for teachers if this experiment succeeds as the Government clearly intend it to do. On the other hand, there is a valid question that hangs in the sky: might we be moving towards a two-tier system of education? The initial applications are a little troubling in that respect. For example, counties such as Surrey and Hertfordshire appear to be responding at a rate of around 10 per cent of the secondary schools that might be applicable to become academies, whereas areas such as Middlesbrough, Knowsley and other poorer parts of northern England do not seem to be caught up with excitement at the idea of academies and are therefore not applying in large numbers to join.
There is another, related factor. So far, the schools that have applied appear, from the London School of Economics study which has been published in the past couple of days, to be atypically low in terms of free school meals and youngsters with special educational needs. These things will need very close observation, discussion and scrutiny. An annual report will be crucial in making that happen.
Again, I thank the Ministers on behalf of my noble friends and me for the consideration that they have given to this issue. I hope that this—which will, in its way, be something of an experiment—will turn out to be a very useful, radical new proposal in managing government and making it more accountable to Parliament than ever before. I beg to move.
Baroness Walmsley
My Lords, I added my name to this amendment, which I strongly commend to the House. I share my noble friend’s concern about the analysis of the socio-demographic groups of the children in the schools that have shown initial interest in this experiment. I hope that the attraction of the programme will spread more widely among the schools in this country if individual schools find it the best option for them.
I am delighted that the amendment is not too prescriptive. Noble Lords have mentioned in the course of our debates many groups about which they have concerns. An opportunity for a vigorous debate every year in Parliament about, for example, the impact of the programme on children with special needs, children in public care, children who are themselves carers, children in primary schools and children with the major deprivations that concern us all will be a very good contribution to the further development of the programme. It is important that Parliament has a vigorous and widespread debate about the progress of this programme.
Baroness Sharp of Guildford
My Lords, I, too, support the amendment. It is very important that if it is agreed, or if the Minister agrees to a similar amendment, it is enacted. It has been drawn to my attention that we have, in the various education Acts that we have passed in the past 10 years or so, quite frequently suggested that there should be an annual report. However, very few annual reports have appeared or been presented to Parliament. In particular, it was drawn to my attention that Section 38 of the Education Act 2002, “Communication with schools”, relates to a point that my noble friend Lady Williams raised about micromanagement. We were in the process of trying to limit the micromanagement of schools. That particular section requires an annual report, listing all the documents sent by the Secretary of State to governing bodies, to be laid before Parliament. I cannot find any evidence that such a report has ever been made, let alone laid before Parliament or discussed here. Perhaps I should have chased this up earlier. According to Hansard, the noble Baroness, Lady Ashton, who was the relevant Minister at the time, said:
“I am grateful to the noble Baroness, Lady Sharp, who pushed and prodded us to the point that we have reached”.—[Official Report, 23/7/02; col. 249.]
I feel that, to some extent, I should have chased this report more than I have, but it makes the point that if we wish for an annual report, we should receive one and it should be considered before Parliament.
Baroness Morgan of Huyton
I have a question for the mover of the amendment. While I am not unsympathetic to this amendment, because in a sense it reflects some of our conversations in Committee and on Report, I am not clear whether it suggests a parallel process of monitoring that goes into all academies in the future. If it does, I am unconvinced that the department at present is able or ready to do that. I do not think we have seen much evidence recently of sufficient numbers of civil servants with time on their hands with the capacity to go into schools and produce a whole set of parallel reports. I would have thought a more sensible approach would be to look to Ofsted to see whether it could do some specific work on the new section of academies that otherwise are not going to be reported on regularly. While I have nothing against the spirit of the amendment, I am rather doubtful about setting up a parallel process with a group of schools that is not being applied to other schools.
Baroness Walmsley
I hope the House will allow me to say on behalf of the mover, since clarification has been required, that the analysis by the noble Baroness, Lady Morgan, of the amendment is a misreading of its intention.
Baroness Morgan of Drefelin
Well, another Morgan rises. This is a very interesting amendment. It has prompted quite a fascinating debate at the end of the passage of this Bill. For me the question is: what do we really want this annual report to look at? Is it the free- market, free school experiment in which we replicate the experience of Sweden so we can see by evaluating the impact on standards, as they did in Sweden, how standards fell markedly, or the expansion of the Labour Government’s very successful academy programme and how the coalition Government have learnt from that and further driven up standards based on our expertise and experience? There are lots of different ways of looking at this report.
I am very much in favour of ensuring that we have the data to evaluate the impact of government policy, that they are properly scrutinised and that Parliament has the opportunity to debate the outcome of that work. What would most interest me is a commitment from the Minister that we will debate this policy of expanding or morphing Labour’s academy programme to encompass outstanding schools and its impact, and have some hard data to back up the debate. We are having a conversation around this House that will carry on for some years. It would be good if that were to be supported by hard data. In the past, we have also had real concerns about the impact on children with disabilities and special educational needs, and on children in care. The ability to shine a light on the impact of the policy on their experiences and outcomes would also be of help. I am therefore sure that if that means we are actually going to do something with the data, I would support that. If there are annual reports that have not been published but should have been, I am sure that they are in the process of being compiled and we will see them coming on stream very shortly.
Education: History
Baroness Walmsley Excerpts(14 years, 11 months ago)
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Lord Hill of Oareford
My Lords, as I said, I am not at all certain that they have been asked to take part in the review. It may well be that they have not. I cannot say any more than that at this stage.
Baroness Walmsley
My Lords, given the global nature of our economy and the multicultural nature of our society, would it not be appropriate to allow schools the freedom to use their discretion, if they so wish, to teach children not just about the history of the UK but some of the history of our major trading partners and of the mother countries of many of their pupils, as understanding our customers and our roots is very important for children?
Lord Hill of Oareford
I agree with my noble friend. It seems to me that, in teaching history, one certainly wants to give our children a sense of Britain’s history and the broad sweep and chronological development of our history over time. However, I agree with her very much that we also want our children to have a sense of the wider world, particularly as Britain changes and develops. It is important that that balance is struck.
Academies Bill [HL]
Baroness Walmsley Excerpts(15 years ago)
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Baroness Walmsley
“( ) to comply with the law on pupil exclusions and behaviour partnerships as set out in EA 2002, EIA 2006 and ASCLA 2009”
Baroness Walmsley
My Lords, I shall speak also to Amendments 48 and 50 in my name. Amendment 6 asks for academies to comply with the law as laid down in the Education Act 2002, the Education and Inspections Act 2006 and the Apprenticeships, Skills, Children and Learning Act 2009. I know that it sounds a bit silly to ask schools to comply with the law, but there is a reason for tabling this amendment. The current law on exclusions and behaviour partnerships is found in these three Acts. Some related legislation is to be found elsewhere: attendance and short-stay schools in the Education Act 1996, parenting orders in the Anti-social Behaviour Act 2003, et cetera.
Of late, academies have been included in legislation as it applies to maintained schools. My intention in tabling the amendments is to ask the Minister to make a clear statement about what does and does not apply to academies, and what will be included in the model funding agreement. I regret that I have not had time to scrutinise all of the 41 pages of the document sent to me yesterday just before our sitting.
Amendments 48 and 50 seek to include the new academies in the two areas of the law relating to exclusions and behaviour which do not currently include academies. Amendment 48 seeks to amend Section 52 of the Education Act 2002 and would include academies in the law on pupil exclusions. Section 52 enables a head teacher to exclude a pupil on disciplinary grounds for a fixed term or permanently. However, the majority of the section is taken up with providing for arrangements to appeal against exclusions.
The model funding agreement sent to us yesterday contains in annexe D a clear statement that parental appeals against exclusion from an academy are not to be treated in the same way as appeals against maintained school exclusions. This runs counter to my Amendment 48, which was tabled before I had seen the model funding agreement. For an academy, annexe D states:
“Any appeal panel will be impartial, constituted in accordance with the Secretary of State’s guidance and any decision of such a panel will be binding on the academy trust”.
The Secretary of State’s guidance has not yet been published so we do not know whether or not it is acceptable. The published guidance, School Discipline and Pupil-behaviour Policies: Guidance for Schools, dated April 2010, is clear: it states that it does not apply to academies.
There are issues of equality and human rights compliance here. Removing a place at a school is clearly a human rights issue as a person,
“shall not be denied education”.
If academy appeal rights are just about following guidance—or not, as the case may be—how does the state know whether an academy’s appeal arrangements are Human Rights Act-compliant? Who will check up on it?
The footnote states that parents can seek a judicial review of both the procedure and the outcome of any appeal arrangement. However, judicial review is not a parent-friendly form of redress. Most parents would run a mile from it, even if they understood what it meant; I probably would myself. At least a maintained school has access to the local government ombudsman on grounds of maladministration, although not necessarily on all aspects of the appeal, but the parents of a child at an academy will not have that. We need the issue clarified.
Amendment 50 seeks to add academies to the Education and Inspections Act 2006, and requires the governing bodies of academies to have a disciplinary policy and the head teacher to have a behaviour policy. All these matters arise from Sir Alan Steer’s review of behaviour and discipline and have been generally welcomed by schools.
On 28 June this year, in Hansard at col. 1573, the noble Baroness, Lady Morgan, referred to the provision in the ASCL Act 2009 when she was trying to make excuses for the high number of exclusions from the original academies under Labour. I do not agree with her that we need to accept that academies, by definition, will have a greater number of exclusions than other schools. I know many schools in difficult circumstances that have difficult pupils, but they see it as their duty to deal with these problems within the school. It is a matter of good leadership and marshalling all the resources to hand, including the voluntary sector on occasions.
However, the noble Baroness reminded us that all schools, including academies, will have to work in partnership on behaviour and attendance from 1 September this year unless the law is changed. There is a statutory requirement to this effect in Section 248 of the ASCL Act 2009 which is due to commence on that date. The section requires co-operation by all secondary schools, including academies, to promote good behaviour and discipline on the part of pupils, reduce persistent absence and report to the local children’s trust board once every 12-month period. We welcomed that move by the Labour Government when the legislation came through the House.
My amendments ask the Minister whether there is any intention to change the law to exclude academies from these measures and which of the current laws—in particular, the appeal arrangements in Section 52 of the Education Act 2002—will apply. I ask also about the rumour that legislation or guidance will be introduced to allow schools to exclude a child without the usual minimum of 24 hours’ notice to the parents. I am not sure where this came from, but it would be impossible for a working single parent to respond to this. In the interests of the safety of the child and the sanity of the single parent, for whom life is hard enough, I hope that my noble friend will be able to dispel this rumour. I beg to move.
Lord Hill of Oareford
I believe that I apologised yesterday to the noble Lord for the lack of notice and do so again. I think I am right in saying that those letters were circulated at an earlier date, but if I am wrong I will put that right.
Regarding the placement of challenging pupils, including those who have been excluded, which I know is a matter of concern across the House, academies are required through their funding agreements to participate in in-year fair access protocols, which ensure that all schools in a local area take their fair share of hard-to-place pupils, including those who have previously been excluded. Academies are equal partners in those arrangements. The requirements envisaged by Amendment 48 in relation to the decision-making process surrounding an exclusion are already part of academy funding agreements and the departmental guidance is very clear about who can exclude a pupil, and in what circumstances the decision to exclude needs to be reviewed by the governing body.
Amendment 50 would require academies to follow the law and guidance on developing and implementing their behaviour policies. Academies are independent schools and are therefore covered by the Education (Independent School Standards) (England) Regulations 2003. These state that an academy must have in place, and must implement effectively, a policy on promoting good behaviour that outlines what sanctions will be taken in the event of any misbehaviour.
As for the specific questions raised by my noble friend Lady Walmsley, we accept that academies are obliged to follow the Human Rights Act and, if they were not following it, we would expect the YPLA as the academies’ monitoring body to identify that. As for exclusions, academies are treated in the same way; the main difference from maintained schools is that the academy trust, rather than the local authority, is the body responsible for setting up an appeal.
The noble Earl, Lord Listowel, did not speak to the amendments on teacher quality, and there was an amendment that was to have been spoken to by the noble Lord, Lord Whitty. I confirm for the noble Lord, Lord Hunt, the point that I made earlier, on which, fortunately, I was right. The annexes on exclusions were circulated on the second day of Committee, on 23 June; I should be happy to dig them out and circulate them again.
I hope that that provides some assurance on exclusions on the overall points. My noble friend Lady Walmsley made some specific points; if I have not responded to them, I shall follow them up with her separately outside the House or in writing. On a general point, which links to some of the discussion that we had yesterday, I hope that the suggestion that there should be an annual report to Parliament on the whole of academies policy will provide some further reassurance to noble Lords that these important issues relating to the development of policy will be kept firmly under review. I hope that that picks up on some of the points made by my noble friend Lady Walmsley. I ask her in light of that to withdraw her amendment.
Baroness Walmsley
My Lords, I am most grateful to my noble friend for his reply and to the noble Lord, Lord Hunt, for his support. I am very much reassured by his very clear statement that academies will have to comply with the law and with guidance as it is already laid down and that the annexe to which he referred will be included in the funding agreement. I got a copy of the annexe somewhat earlier than I got a copy of the whole funding agreement model, which I received only yesterday; that was why I was able to quote from it. I have not yet carefully scrutinised the rest of the funding agreement.
I am grateful to the Minister for stating again that academies will have to comply with the Human Rights Act. I am sure that not only the YPLA will be watching to make quite sure that they do so. If they follow the legal requirements introduced by the previous Government and the guidance that still stands, there should not be problems about exclusions. I am also comforted by the fact that we will have the opportunity every year to see whether the figures for exclusions in academies of both kinds—both the ones from failing schools and those from outstanding schools—have risen at all. If there are any discrepancies that we feel are inappropriate, we will have the opportunity in Parliament to have a look at that. I know that my noble friend was not prepared for my comment on the 24 hours’ notice, so I look forward to his letter about that issue. I am very much reassured by many aspects of his reply and I beg leave to withdraw the amendment.
Baroness Walmsley
My Lords, I have Amendments 32 and 32B in this very mixed group of amendments about selection, religion and admissions. The Minister has been very clear about the duty of academies to comply with the admissions code so, as with the previous group of amendments, I accept that it does not need to be in the Bill. I presume that it will be in the funding agreement.
Amendment 32 was laid after our discussion in Committee about selection. While I accept in general my noble friend’s assurance that,
“The Bill does not allow for any increase in selection by ability in the state-funded sector”—[Official Report, 28/6/10; col. 1563],
it occurred to me that if a selective school became an academy and then expanded the number on its roll, that would mean more actual children in the area being selected by ability. So I laid this amendment to say that such expansion should not increase the number of children in the relevant area who are selected by ability. However, I accept that this duty would be difficult for an individual school to achieve, especially when I went back and read what the Minister reminded us about the ability of selective maintained schools that are not academies to expand by 25 per cent within the normal admissions consultation. In the light of that, I think that what I am asking for in my amendment would be pretty well impossible. Therefore, I am using the amendment to ask my noble friend who would have the responsibility of watching out for a large expansion of selection by ability among schools both inside and outside the control of a local authority when a lot of new academies are created, given that some of them will be former selective schools that are opting out.
Amendment 32B was originally laid in Committee as Amendment 135. I do not believe that the Minister addressed the matter in his reply, but I forgive him because, as he does today, he had several topics to deal with in the grouping. I believe that these ridiculous groupings have arisen because of the minimal time that we have had between Committee and Report; noble Lords have not had enough time to scrutinise the draft groupings and to make some sense out of them. Amendment 32B would require the governing body of a school with a religious character, if it converts to an academy, to use the fresh start as an opportunity to look at its religious character and to decide whether it wishes to change it. Since the school was first set up, there may have been a big change in the demographics and cultural mix of the catchment area. That may lead a governing body to consider whether it wishes to join together with another faith, or more than one, or to make a larger percentage of its intake inclusive of people of other faiths or none. It would not prevent those governors from making no change at all, but it would give them an opportunity specifically to consider their duty to promote community cohesion and to make a change. It would not interfere with their discretion to make their own decision in any way; it is not prescriptive at all. I commend it to the Minister.
Lord Lucas
My Lords, in this group I have Amendment 10A, which follows on from the discussion in Committee about the effects of Clause 1(6)(d). My noble friend Lord Hill said that paragraph (d) would not prevent an academy from reaching out to areas that were not in its immediate vicinity in order to broaden its intake. It would not prevent a grammar school that became an academy from maintaining its current and typically wide catchment area. Also, to take it even further, it would not prevent an academy from being or becoming a boarding school. I asked my noble friend what, under those circumstances, the paragraph would prevent that the Government wish to prevent. He has not replied, so I presume that there is nothing and that therefore the paragraph has no function. That is my reason for returning to the matter on Report.
On the amendment tabled by the noble Baroness, Lady Royall, the crucial bit of the model academy funding agreement appears to me to be clause 12(c). Reading that, I do not see what in the agreement—although, like my noble friend Lady Walmsley, I have not parsed it as carefully as I might—updates the requirement as the general admissions requirements change. It seems to me that an academy that was created tomorrow would be for ever stuck with today’s admissions arrangements, even if we improved them in a year’s time. I do not see what in the model funding agreement rolls the requirements forward. That would also apply to SEN requirements and other matters that are dealt with in clause 12. I would be grateful if my noble friend could give me some comfort about what keeps academies current.
Baroness Walmsley
My Lords, I heartily agree with the vast majority of what has just been said by the noble Baronesses. The House knows my view that good quality teaching in PSHE should be the right of all children under the UN Convention on the Rights of the Child. The knowledge and skills covered by the phrase, "Personal, Social, Health and Economic Education", cover all the important things that prepare children for life beyond and within the school, whether they are future rocket scientists or future waste disposal operatives. They are all human beings and deserve our help and support to lead a happy and fulfilled life. That is what PSHE does. It goes far wider than just sex and relationship education, important though that is.
As the noble Baroness, Lady Massey, has mentioned, evidence has shown that schools which do PSHE well also benefit from improved behaviour and learning in other subjects. They are happier schools containing happier, safer and more confident children, which is what I want to see. My ambition within this coalition is to use my passion about this matter and the new influence that I hope I have among both my noble friends and my honourable friends to bring about a step change in the quality and quantity of this sort of learning for all children in all schools.
I am already working with the PSHE Association and others to produce a brief which I will submit to Ministers for the forthcoming curriculum review. It will go far beyond this amendment in two ways. First, it will cover all schools and not just academies. Secondly, it will contain many of the best elements, which, by the way, found support from all around the House, of the original version of Clauses 11 to 13 in the Children, Schools and Families Bill, which were so altered immediately prior to the general election.
That measure, which was deleted from the Bill, listed the areas of learning to be covered but, very importantly, also listed a set of principles that should underpin the teaching. These were, first, that the information taught should be accurate and balanced; secondly, that it should be taught in a way that is appropriate to the age of the pupils concerned and their religious and cultural background and reflect a reasonable range of religious, cultural and other perspectives; and thirdly, PSHE should be taught in a way that promotes equality, encourages acceptance of diversity and emphasises the importance of rights and responsibilities.
In complying with these principles, the school would by definition have to work closely with parents and communities, which is right and proper. These principles are fundamental to delivering the rights that I believe all children have and I know that the noble Baronesses, Lady Massey and Lady Gould, agree with me about that. I congratulate the former Labour Government on putting together something that is so right. I give credit also to those who have worked so hard outside this House, some since the 1960s, to obtain these rights for all children. I am a mere newcomer to this campaign.
However, if we have come so far, we need to get this matter right and I very much regret that I find the simple amendment in the name of the noble Baroness, Lady Massey, wanting in all respects about the principles that I have just listed. I realise why she has made it so simple, but this is not a simple matter. I believe that the earlier approach of the former Labour Government, following extensive consultation, was better. That is what I will seek from within the coalition to achieve for all children and that is why I cannot support this amendment, although I support the aim of the noble Baroness, Lady Massey.
I would ask her not to press this amendment, but to work with me to influence the coalition Government in their curriculum review. We would not be starting from scratch. We already have a very good model, but, in a matter as sensitive as this, we must take all parts of the community with us. This would give us an opportunity to do that.
Baroness Perry of Southwark
My Lords, I follow my noble friend Lady Walmsley with great warmth. What she has said is very dear to my heart and I agree with everything. There are very strong feelings about the content of any part of the curriculum. After all, the curriculum is the heritage of knowledge and skills that we pass on to each generation. Everyone has their own strong feelings about what that should be. PSHE arouses particularly strong feelings because it deals with so many of the very sensitive areas of our personal and social lives.
As has been abundantly clear in what my noble friend and the noble Baroness, Lady Massey, have said, PSHE is already widely established in our education system. It is taught in virtually every school and there is already a large cadre of several thousand teachers who have registered themselves as qualified to teach the subject. I commend the enormously good work being done by so many of those teachers in dealing with what are difficult issues, often with difficult pupils at often difficult stages of their lives. They make a huge success of this teaching.
I have two real objections to trying to follow the noble Baroness, Lady Massey, in making this a single curriculum requirement for academies. First, in recent years I have met many teachers dealing with PSHE in, as I have said, difficult classes. They fit what they teach across the areas and how they teach it—whether it be drugs, health, obesity, sex or personal relationships, ethical or civic issues and so on—to the particular class in their particular school with its own particular mix of young people. Schools vary enormously. Some have sophisticated children and others have children who are unsophisticated. Some have children who, by the age of 11, 12 or 13, have alas already engaged in the kind of personal relationships we would rather they were not engaged in, including sexual relationships. The teacher’s skill lies in fitting what they say and how they deal with these issues to their particular class. In my view, that is where PSHE should remain—with the school and the individual teacher deciding what and how it should be taught.
The second reason why I am astonished the noble Baroness has put her amendment in this way is because this would be the only required part of the curriculum and it would only apply to the academies. If this amendment were agreed, PSHE would be a curriculum requirement for academies but not for other schools, and it would be the only part of the academies curriculum that would be a requirement. To me, that is bizarre. People in this House and certainly, I am sure, in the wider world outside would argue just as strongly for other bits of the curriculum to be made mandatory. Surely an important aspect of academies is that they will be free of a national curriculum and able to tailor what they teach and how they teach it within a broad and balanced framework for their particular pupils.
I would ask the noble Baroness not to press her amendment, and if she does, I would ask the House not to support her.
Baroness Massey of Darwen
My Lords, this has been a fascinating and enlightening debate. I think that we are all actually on the same side; we just have different ways of approaching the issue.
I am aware of the curriculum review, but I have been aware of curriculum reviews on this subject for the past 10 years. We have gone over this ground, and in doing so I am also aware of the needs of children who may well be suffering because they do not have this education in their curriculum. Young people tell us what they need, and they certainly tell us that they need personal, social and health education.
I shall respond briefly to points that have been made. I put this amendment in here because the Bill is here, and because I shall continue to put it in any Bill that I can to try to get personal, social and health education in the curriculum.
It is a simple amendment because it is a complex subject. We have explored all possible areas connected with PSHE, today and previously. The noble Baroness, Lady Walmsley, mentioned the five principles put in place by the Labour Government, and they are still there for reference. I was surprised; I just reread the noble Baroness’s speech at wash-up stage, and at that point she wanted no delay, she wanted to get on with it and she was anxious that PSHE should be part of the national curriculum. I support her.
Much work has been done already—
Baroness Walmsley
If the noble Baroness will permit me, I say to her that I still think that, but I have to convince my Government of the case, not just the former Government.
Baroness Massey of Darwen
My Lords, I, too, intend to convince this Government of the case.
I know that much work has been done on this already. I believe that schools are ready to take this on, and it would improve their chances if PSHE were a compulsory subject. I have in my hand 10 reasons why there is no need to delay, written by the Personal, Social and Health Education Association. Noble Lords will be relieved to hear that I am not going to read out the whole document, but one section says that we have had just a year and half since Jim Knight, now the noble Lord, Lord Knight, announced the last government’s intention to make it statutory, “it” being PSHE, and that most schools will have been gearing up for statutory status during that time. It says that PSHE is not a new subject; it has been taught in schools and been allocated curriculum and staffing resources for many years. I think that might respond wisely to something that the noble Baroness, Lady Perry, said.
If we pass the amendment today—I intend to divide the House—it will send a clear message to the Government and to all parties that the welfare of children is at stake here. If a large number of people support this amendment, it will be a key message to the Government that this is an important subject that we do not take lightly. Let us go on from here and incorporate PSHE into all schools, through different Bills. Let us go through a curriculum review, but let us influence that review as best we can by showing today that we think this is an important subject that deserves our attention and our commitment. I wish to divide the House.
Baroness Walmsley
Baroness Walmsley
My Lords, Amendment 10 arises from our debate in Committee about the impact of the new legislation on the early years. The Bill remains ambiguous about the care and education of young children and needs specifically to reference the Childcare Act 2006, which establishes the EYFS framework in law. The purpose of this amendment is to ensure that young children in academies are guaranteed the same balanced, age-appropriate and play-based standard of care and education under the early years foundation stage as children in maintained and independent schools.
In Committee the Minister said:
“I would suggest that the amendment is unnecessary because academies are already required, under the Childcare Act 2006, to provide the early years foundation stage. That is spelled out explicitly in their funding agreement. This stage is more than just a curriculum, as it covers much broader outcomes for very young children, including issues such as social skills”.—[Official Report, 28/6/10; col. 1570.]
The Early Childhood Forum, which has been briefing me on this matter, very much welcomes the Minister’s positive statements about the EYFS. I also welcome Minister of State Sarah Teather’s announcement a few days ago that the early years foundation stage is to be reviewed. I called for this in my speech in Committee, though I do not think her announcement was simply in response to my speech. I am delighted that the Minister stated that it is the Government’s intention that academies should implement the EYFS. However, I am still concerned that the Bill makes no reference at all to the EYFS, and that furthermore the Childcare Act 2006, to which the Minister referred, contains no reference to academies. This seems to leave an ambiguity in the law that could be easily rectified via this amendment.
Academies do not have to follow the national curriculum for primary and secondary schools. The only reference in the Bill to the curriculum is to Section 78 of the Education Act 2002, which has no application to the education of those aged under five, since the Childcare Act 2006 amended the Education Act before it and removed any reference to nursery education. The Childcare Act 2006 establishes the EYFS as the framework for the care and education of children from birth until the 31 August after their fifth birthday, and which all those registered on the early years register and maintained, approved, non-maintained, independent and special schools must deliver. Under the law, all these providers must meet the legal welfare, learning and development requirements as set out in Section 40 of the Childcare Act 2006 and its associated regulations.
Existing academies are not referenced at all in the Childcare Act 2006. This is an understandable omission as, although there are a number of all-through academies providing education for three to 18 year-olds, until now academy status was available only to secondary schools. The Bill extends academies to many more young children and therefore needs to be unambiguous about the approach to be taken to their education and care. It is clearly not the Government’s intention to exempt academies from implementation of the EYFS. The Early Childhood Forum is concerned that academies do not fall into any of the categories of school referenced in the Childcare Act 2006. It has tried to clarify this matter with officials but they have not replied to its phone calls. Perhaps they were in purdah, pending the Minister’s statement the other day about the review of the early years foundation stage. However, it would be helpful to know the Government’s understanding of where academies fit in the framework of that Act. Perhaps this might have been sorted out if officials had responded to the Early Childhood Forum. I may not have needed, in that case, to table this amendment. It would also be helpful to know how many of the current all-through academies provide education for under-fives and whether they all currently implement the early years foundation stage as they should.
There is some confusion about whether the Government consider academies to be independent schools in law. Clause 1 refers to academies as “independent”, but it also sets out that they are to be funded directly by public money through the Secretary of State. The Independent Schools Council membership criteria determine independence through the individual school’s inspection regime, with members having to be inspected by the Independent Schools Inspectorate. However, academies—as far as they are to be inspected at all—will be under Ofsted. Noble Lords can perhaps see the confusion.
The early years foundation stage is based on the best evidence that we have from research and experience of what is most effective in helping children to develop physically, intellectually, emotionally and socially. The amendment would create parity and balance in this new legislation that matches the reference to Section 78 of the Education Act 2002 on the curriculum for those aged over five in Clause 1. I urge the Minister to accept it or to explain very clearly why it is unnecessary. If he accepts that there is a problem in the Bill and its relationship with the Childcare Act, I hope he will not ask us to wait for the pending early years foundation stage review. This would mean that primary academies and the young children in their care would be left in limbo and outside the current main framework until then. If the outcome of the review is a fundamental change, the Childcare Act would need to be amended in any case, and the legislation on academies would be resolved alongside that for all the other types of school. I beg to move.
Baroness Morgan of Drefelin
My Lords, I added my name to this amendment. From listening to the speech of the noble Baroness, Lady Walmsley, I think I have had exactly the same briefing as her. I simply wish to say “ditto”.
I am slightly concerned that in some things we need to rush ahead with, and in others to hang back from, reviews. It is very important for the Early Childhood Forum and the incredibly important organisations that make up the forum to have the kind of reassurances that the noble Baroness is looking for. The early years foundation stage was a very important step forward. The previous Government initiated it, and it has been well received. It is important that we build on the work of the early years specialists. I look forward to hearing what the Minister has to say.
Lord Wallace of Saltaire
My Lords, when I first joined the House of Lords, we did not receive any briefings on anything. That situation has been transformed in the 15 years I have been here so that now, on a Bill such as this, we are deluged with briefings, which are often extremely useful.
On behalf of the Minister and the department, I apologise for unreturned phone calls. I offer, if it is helpful, a meeting with the Minister and officials to discuss this question further. On the specific issue, I reassure the noble Baroness that all schools providing for under-threes’ education are required under the Childcare Act to register with Ofsted and to deliver the early years foundation stage. This includes independent schools and therefore also includes academies. Section 40 sets out the duty to deliver the early years foundation stage. That is the key element. This already applies to academies in the same way as it does to other schools.
Reference has already been made to the review to be carried out by Dame Clare Tickell, chief executive of Action for Children, which will report to my honourable friend Sarah Teather in spring 2011. The review will be open and will look at the foundations that should be in place to protect young children’s welfare and support their development and learning. It will also consider throughout how to reduce burdens on providers as the experience of the past three years is that the requirements of the early years foundation stage have increased the workload on many of those who work with young children, and so taken time away from children. We do not intend a fundamental change but we do intend to review the way in which the Act works in practice. I hope that that is sufficient assurance. I again apologise if phone calls have not been returned. With those assurances, I hope that my noble friend will feel able to withdraw the amendment.
Baroness Walmsley
I thank the Minister for his reply and the noble Baroness, Lady Morgan of Drefelin, for her support. The noble Lord says that academies will have to deliver the early years foundation stage. However, it does not say that in the Bill. The difficulty has arisen because of uncertainty about the independent status—or not—of academies. According to independent schools, the definition of “independent” is a school that is inspected by the Independent Schools Inspectorate. However, that does not apply to the schools that we are discussing. Nevertheless, the Minister could not have been clearer on that matter. I suspect that the Early Childhood Forum will very much welcome a meeting with officials to set its mind totally at rest. It will probably be satisfied with the clarity of the Minister’s reply, but I think that it will take advantage of the invitation anyway. I wait to hear what it says to me when that meeting has taken place. I beg leave to withdraw the amendment.
Academies Bill [HL]
Baroness Walmsley Excerpts(15 years ago)
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Lord Hunt of Kings Heath
My Lords, we see a bit of a dilemma. In order to give individual schools more authority over their affairs through academy status, the Secretary of State is having to take powers to himself to authorise that. Clearly, that approach has been used before, but with power goes accountability. There is a gap. I agree with the noble Lord, Lord Greaves, that in some way the Secretary of State needs to be more accountable to Parliament for the responsibilities that he will discharge.
In Committee, as the noble Lord, Lord Greaves, said, we debated a number of amendments tabled by Members on this side of the House, which, in retrospect, were probably too detailed and would have required many hundreds of statutory instruments coming to your Lordships’ House and the other place. The noble Lord has come forward with a more sensible approach, which deals with the principles of the granting of academy status and allows Parliament to debate the criteria. As the Secretary of State will be given considerable powers in this area, it is right for Parliament to ask for greater parliamentary scrutiny. I certainly think that the noble Lord has got it right.
How quickly the party opposite has warmed to Executive power. For how many years have we heard noble Lords from both parties opposite ask for more parliamentary scrutiny? I find it surprising that the Government are not able to respond on this matter. Surely what the noble Lord suggests is not too much to ask.
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.
Lord Whitty
I accept that it is a little long, although I did warn the House, but it is actually only the 12th minute and this is an education Bill. I beg to move.
Baroness Walmsley
My Lords, in his Amendment 25 the noble Lord, Lord Whitty, replicates probing amendments that were tabled by at least three Members of this House in Committee and about which we had long discussions. As a result, the Government have come back with a very sensible amendment, accepting our feeling that we should insist that schools consult the most appropriate people. The words,
“such persons as they think appropriate”,
are particularly right in the light of what I have just heard from the noble Lord, Lord Whitty. He suggested that we should list the future pupils of a school as being appropriate to consult. How far in the future are we talking about? What about children in the womb or the parents of children who may at some stage go to that school but who may have moved 50 miles away by the time the child is born? That is nonsense. To list the various organisations and groups of people who should be consulted is the sort of thing that the noble Lord’s own Front Bench resisted on many occasions.
Lord Adonis
The nonsense that I see in the amendments before us is subsection (3) in government Amendment 30, which, as my noble friend rightly says, allows there to be consultation after the order, in respect of which the consultation should have taken place, has been made. The noble Lord, Lord Wallace, is very anxious that we all shut up and do not speak. I have been very frugal in my interventions on Report. I was anxious not to have to make such a speech, but I badly need to hear the justification of the noble Lord, Lord Hill, for government Amendment 30, particularly subsection (3). How does he justify a requirement for consultation to be permissible after the event to which the consultation refers? We need to hear that before we know whether this needs a longer debate in which further views will be expressed. Perhaps the noble Baroness will give her view on whether she thinks it is adequate for consultation to take place after the event to which it applies.
Baroness Walmsley
My Lords, I will come to my Amendment 31 in just a moment. I strongly suspect that the Minister’s answer to the noble Lord, Lord Adonis, is that the academy order is permissive. It does not force the school to become an academy; it is permission for it to do so. The school becomes an academy only when it converts. I suspect that will be the answer, but my noble friend will speak for himself. I agree with the noble Lord, Lord Whitty, that it is desirable that the school consults all the right people before it even applies. I very much suspect that all those groups who feel themselves to be appropriate consultees—
Baroness Thornton
Does the noble Baroness think that there should be a consultation before a school becomes an academy or not?
Baroness Walmsley
Indeed I do, which is why I have tabled my little tweaking amendment in the hope of persuading my noble friend that a school should consult before it applies to become an academy. Once it knows the shape of the proposed school, the terms of the academy funding agreement, and—particularly in the light of what my noble friend Lady Sharp said about schools’ expectations of that extra money being somewhat inflated—how much money it will get, it is highly desirable that a school should then go back to appropriate consultees and say, “These are the terms under which we will become an academy if we decide to go ahead. This is the extra amount of money that we will get and this is what we have to do with it. Are you still sure that this is the right way to go about it?”. That is why I have put my little tweak into my noble friend’s very welcome amendment about consultation. It is desirable, but if he suggests that it is another thing on which we should not prescribe, I would be happy to accept that.
For the record, however, I urge schools that are thinking of applying to consult widely. I am confident that any group of people who feel that they are an appropriate group under the terms of this amendment but have not been consulted will certainly kick up an awful fuss. I ask the Minister to consider in particular that the pupils of the school themselves and the local authority would, in normal circumstances, fall into the category of,
“such persons as they think appropriate”.
That would give me considerable comfort in supporting Amendment 30 without my Amendment 31.
Lord Whitty
My Lords, I thank noble Lords for this interesting debate. The Minister’s position appears to be that his Amendment 30 stands. He has not told us whether he is accepting the noble Baroness’s Amendment 31, which would make his amendment slightly more acceptable with regard to the governing body’s responsibilities. I am being told that he has quite clearly rejected it.
Baroness Walmsley
My understanding, as the person who spoke to Amendment 31, is that my noble friend has said that he does not wish to accept it. My view is that it is desirable but not essential and I shall not be moving it.
Lord Whitty
That clarifies that matter, and it underlines my position in one sense. I do not believe that the Minister has gone far enough to persuade us not to pursue this matter, in that his amendment does not go far enough. It allows for consultation to take place only right at the end of the process, whatever is on his website in terms of guidance, which is no doubt desirable but not statutory or regulatorily required. It does not cover the Secretary of State’s responsibilities and nor, as the noble Lord, Lord Phillips, said, does it explicitly cover the situation relating to free schools. Therefore, it is deficient, and I ask the Minister to consider coming forward at Third Reading with a more comprehensive amendment on consultation. The rules of procedure do not allow him to answer that but it seems to me that I ought to allow him the opportunity so to do.
I shall not press my Amendment 25 on the grounds that to some extent I accept that it is too prescriptive. I think that my Amendment 28, which would require discussion with the local authority, could be taken care of by the Minister coming back with a more comprehensive amendment. My noble friend Lady Royall will no doubt decide whether to move Amendment 26, which is not as prescriptive but does deal with the central issues of timing and widespread consultation.
At this time of night I am not going to win a vote, although I consider that I have won the argument. I think that the Minister needs at least the flexibility to consider everything that has been said and to come back with a better amendment at Third Reading—one which does not include lists of people but which allows some flexibility in the process and clearly imposes on both the Secretary of State and the governing body a degree of consultation. I hope that he will hear what I say in that regard. In the mean time, I beg leave to withdraw the amendment.
Academies Bill [HL]
Baroness Walmsley Excerpts(15 years ago)
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The Lord Bishop of Lincoln
My Lords, I also support the amendment for two reasons. First, building on the comments of the noble Baroness, Lady Williams, we are anxious that church schools should be part of a network of choice to those for whom a faith school or an alternative could be their choice. That demands a degree of planning and the amendment would ensure that the Secretary of State took account of a range of possibilities when considering the provision of schools in an area. Secondly, one of our concerns about the Bill in general is the removal of the local authority interest in ensuring a degree of overview or strategic planning. The amendment at least goes some way towards mitigating the consequences of that omission.
Baroness Walmsley
My Lords, I support the amendment, although I did not get round to adding my name to it, for which I apologise to my noble friend. The amendment is one of the best that we see on Report because it evolved from an amendment—I think Amendment 4—that my noble friend tabled in Committee. The Minister pointed out that, if my noble friend’s initial amendment were carried, no academy could be formed if there was to be any effect on any school in the local area, whether good or bad. My noble friend’s amendment has evolved to enable the Secretary of State to take into account whether any good local schools will be adversely affected by the creation of a new academy.
My noble friend’s amendment is particularly important given that government Amendment 30, which is about consultation, refers only to existing schools converting into academies and not to brand-new schools. When a brand-new school is introduced, the local community will have to rely on the common sense of the Secretary of State to make sure that that school does not take all the pupils from other perfectly good schools in the locality.
My noble friend’s amendment comes out of his experience in Suffolk, which I think he mentioned in Committee. I, too, have been approached by one of my honourable friends in another place, Mr Don Foster, the Member of Parliament for Bath. He has had similar problems with an academy that was created under the Labour Government and is having an effect on very good schools locally. Of course, we must not underestimate the effect of the view that the grass is greener on the other side of the fence. A new school, which seems to offer something novel, especially if it has a shiny new building, could well take pupils from other schools that really do not deserve to lose them. The amendment would give the Secretary of State the discretion that he requires, in the Bill, so that we can all be reassured that he will take these matters into consideration when looking at an application.
Baroness Morris of Yardley
My Lords, I support the amendment. The point has been well made by noble Lords on both sides of the House that there needs to be an element of planning. I suppose that it is for the Minister to make a decision about whether his Government spend money on surplus places or on building schools for the future. It is interesting that one day there is no money for the Building Schools for the Future programme and the very next day, from the same department, there is money to fund surplus places. Surplus places cost money and do not contribute to standards.
I want to raise a slightly different point, which I do not think has been mentioned so far. I should like an assurance that the Minister understands the impact of a new school on another school that might already be doing a good job of raising standards. I start from the premise that it is not only academies that will raise standards; many good schools that do not have academy status are already on the journey of turning round underperformance. They are in a fragile state but are improving—going from failing and underperforming to being successful does not happen overnight. During that important period, when they have good leadership and are changing their reputation within the community, and when parents are understandably nervous but are restoring their confidence in those improving schools, they need a bit of protection. I worry that if an academy opens with a blaze of glory, with new money from the Building Schools for the Future programme, as was indicated yesterday, that will undermine the progress that the school makes.
I am not in the business of defending failing schools—I have done my share of closing failing schools and replacing them with either maintained community schools or, indeed, academies. However, I am in the business of trying to support and nurture schools that have put in a lot of effort and are now improving. Quite honestly, if surplus places are built into a local system, it will not be the schools that are already strong and successful that are damaged but those that have already had a lot of state intervention and support and are on the journey to becoming good schools. I should like to hear the Minister’s comments on that aspect of the amendment. It is an excellent amendment and I look forward to supporting it.
The Deputy Speaker (Lord Geddes)
My Lords, to the best of my knowledge, the amendment proposed is on page 1, line 8.
Baroness Walmsley
My Lords, I support my noble friend’s remarks. The Minister will, I hope, recall that I asked him in a private meeting last week about the ready reckoner on the department’s website. I pointed out that our colleagues in York told us that if several schools in York applied to become academies, they would get more money than the whole of York local authority for the same services. Have the Minister and his officials had the opportunity to check the ready reckoner? When local authorities find themselves in situations like this, some of them will be left thinking that they will not just be left with no money, but that they will be left with a negative amount. I am sure that the Minister does not intend that. Therefore, I wonder if he can explain.
Lord Hunt of Kings Heath
My Lords, I shall speak also to my Amendments 5 and 7. Primary schools are always a matter of particular interest and certainly were to your Lordships when we discussed them in Committee. A number of concerns were expressed on this side and other sides of the House about the potential rapid conversion of hundreds of primary schools to academy status. I make it clear that my raising these matters is not born out of any objection to allowing the freedoms being granted to existing academies to be extended to primary schools; more, they come from some very practical considerations, stemming often from their relative size and community location of those schools.
In Committee, my noble friend Lady Royall raised a number of important points about the implications of the Bill for primary schools. She referred to the comparatively small size of many primary schools and to their potentially increased overheads. She said that the resources for shared services could be swallowed up by the extra administrative costs that would have to be borne one way or another. My noble friend also warned that many primary schools would have less capacity to budget and plan for the future. Other noble Lords also made those points in our debate.
Today's earlier discussion on the financial arrangements and the uncertainties there are at the moment reinforce that point. Thinking of primary schools and of the limited managerial capacity that one often finds in those schools, one can only worry at the burden that is likely to be placed on the head teacher and the governing body, and the responsibility that is likely to be put on them.
My understanding from local authorities is that the most dependent group of schools that rely on their advice and support are primary schools. The vast majority of their schools are community schools. They will not have had even the experience of being foundation schools in managing the enormous range of responsibilities that would come with academy status. There is a real issue of capacity here. We know that most secondary schools employ a range of staff to deal with the increased administrative requirements placed on them. Often, in many primary schools, there is only one school secretary and the head teacher. One also has to think in terms of public finance and the appropriate monitoring and spending of those moneys
There are also some real practical issues. What would happen, for instance, if a primary school developed a serious structural fault or there were fires on school premises? The normal first port of call for primary schools at the moment is the local authority, which would step in. My understanding is that once a school becomes an academy, Department for Education advice states that it would expect schools facing such problems to take out loans. But could some of the smaller primary schools really be able to take that risk and afford the repayments, even if they could get a loan in the first place?
We know that most primary schools depend on the local authority to pick up the cost of redundancies, employment tribunals and legal costs associated with challenges over accidents and similar incidents. Would smaller primary schools even be able to find the cost of insurance to cover this, when the department's own website states that for most schools the cost of insuring would be “between £60,000 and £100,000”? Add to that the cost of purchasing legal and personal advice commercially.
There is another concern about the immediate conversion of primary schools to academy status. A great deal of work has been done over the years in managing the process of transition from an early years setting to the first year of primary school. I hope that the review of the early years foundation stage announced by the Government will not reverse that very good work. But the reality is that the overlapping responsibilities between early years settings and the children's trusts—the abolition of which would cause concern on this side of the House—raise concerns about the number of childcare and early years settings sited with primary schools which, if they then move to academy status, could have major consequences. The problem is that we have so far seen little evidence that any serious thought has been given to those consequences.
I know that the Minister is being extremely helpful in our debate, but I was disappointed with his response. He acknowledged the importance of the matters that have been raised and said that he understood some of the concerns. He said that he was committed to thinking through the practicalities raised by noble Lords in Committee. But in the end, he gave no comfort to those of us who think that the practicalities ought to be dealt with first before primary schools become academies.
Our Amendments 3, 5 and 7 seek to remove primary-only schools from the Bill entirely. This is done for reasons of practicality. Of course, if the Government are determined to find a way in which to make the academy programme applicable to primary schools, why do they not do some preparatory work, look at the issues and return with proposals at a later date? They have undertaken to bring at least one other education Bill during this Session of Parliament. Surely, that would give them time to prepare some fully worked-through proposals.
I know that the other amendments in this group seek variously to delay the introduction of primary academies, which would obviously give the sector and the noble Lord’s department time to work through some of those issues. We would certainly support those amendments, should our own amendments not succeed.
Baroness Walmsley
My Lords, I think that the noble Lord meant to refer to Amendments 3, 4 and 7, because I now speak to Amendment 5, which is in my name.
We on these Benches do not favour a complete ban on primary schools. However, as the Minister knows, we have considerable concerns as we feel that the issue of primary schools should be approached with considerable caution and careful thought. I leave my noble friend Lady Williams to speak to Amendments 22A and 24, which set out our ideas, briefly referred to just now. Amendment 5 paves the way for one of those measures, which is to allow schools to apply as groups. Clause 1(5) says:
“The undertakings are … to establish and maintain an independent school in England which … has characteristics that include those in subsection (6)”,
and so on. My amendment would change that to say that,
“the undertakings are … to establish and maintain an independent school or group of schools in England”.
It is a very small amendment, but it paves the way to the idea that my noble friend Lady Williams will address in a moment that we should perhaps encourage primary schools to apply as a group or federation rather than a single school.
Baroness Williams of Crosby
My Lords, as the Minister knows, we have given careful thought to the whole issue of primary schools, and I am grateful for what the noble Lord, Lord Hunt, had to say about it, with which I very much agree. Primary schools have about them a number of characteristics that are simply nothing like as typical of secondary schools. Many of them are relatively small schools in rural areas, and 25 per cent of the population of primary school children in England and Wales attend 75 per cent of the number of schools. In other words, there are a great many very small schools in small towns in rural areas, which no less than 25 per cent of all our schoolchildren attend between the primary school ages. Secondly, of this group of schools no less than one-third are either church voluntary or church-controlled schools, mainly Anglican but some Roman Catholic and others of other denominations. That is a factor about primary schools that is far more significant than would be the case with secondary schools.
Furthermore, as the noble Lord, Lord Hunt, implied—and we have tried to indicate on this side of the House that we share his view—primary schools are often at the heart of the community, the centre of civic life and the place where people meet to discuss things, where they feel themselves drawn to support the school. At a time when schools will need more support—among other ways, financially—that is a very crucial asset that should not be easily put at risk. I suspect that many noble Lords other than myself spend a certain amount of time attending school fetes and competitions and this and that, which all help to contribute some money to the financial needs of the school.
In addition, as briefly said by the noble Lord, Lord Hunt, primary schools are peculiarly dependent on local authority support, whether for SEN, management issues, financial issues or simply to deal with a very difficult governor or parent. As chairman of the judges of the Teaching Awards, which I declare as an interest, I have repeatedly been approached by primary school heads who talk about the support of their local authority and say how important it has been to them. That is not something that I have tried to elicit from them; it is something that they freely mention themselves, over and again. That is even truer if the school is small, isolated or on its own.
The Deputy Speaker (Lord Geddes)
I call the noble Baroness, Lady Walmsley, to move Amendment 6.
Baroness Walmsley
I am sorry, but I thought that we would now move on to the next business.
Lord Hunt of Kings Heath
I am sure that the Government will help us, but I think we are now stopping our discussions on this Bill.
Education: Funding
Baroness Walmsley Excerpts(15 years ago)
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Baroness Walmsley
I thank my noble friend for repeating the Statement. I should like to ask him first about Teach First. He will be aware that, under Labour, many schools in deprived areas did not have properly qualified teachers in the STEM subjects, which include science, technology and engineering. Can he say anything about the distribution of the new teachers in Teach First, some of whom will by their nature have qualifications in those subjects? Will he prioritise those schools in deprived areas that have suffered from the lack of properly qualified teachers in those subjects? Can he say something about the resources available for training these new recruits to the teaching profession, who will know all about their own subject but will not know too much about teaching in the first instance? I am aware that they have a foreshortened programme of teacher training, but there will be a lot more of them and we need to be reassured that appropriate funding is available to do that training.
On Building Schools for the Future, the Minister has made it clear how much it has cost schools and local authorities already to become involved in this overbureaucratic process. When the coalition Government have brought this country’s economic situation under control, will those schools that have already spent a lot of money and time, but have suffered from the freeze that he has just announced, be at the front of the queue when we are able to get back to normal business?
Finally, when talking about quangos, will Partnerships for Schools be closed down?
Lord Hill of Oareford
The role of Partnership for Schools will be considered as part of the review that we have announced. We plan to roll out Teach First to areas of the country that it has previously not reached and go to primary schools, which I am sure my noble friend will particularly welcome given her interest in the teaching of young children. I take her point about the importance of training for STEM subjects, for which there is a particular problem in finding teachers. I know that the previous Government worked hard on that. It is a problem faced by all Governments and I hope that Teach First will help.
As for whether the disappointed schools that were a long way down in the process would be first in the queue, the answer to all those questions is inevitably dependent on the comprehensive spending review in the autumn and how much capital the department ends up with. It would be wrong of me to presume on the outcome of that, but those are factors that the department will take into account when making future capital allocations.