Education and Adoption Bill (Second sitting)

Kevin Brennan Excerpts

Tuesday 30th June 2015 Public Bill Committees

[The Chair]

Thank you very much. I will call the last Member to ask questions in a minute. What you are telling us is very informative, but can you be slightly more concise? We have very few minutes left.

[Kevin Brennan (Cardiff West) (Lab)]

Q 29 Thank you, Sir Alan. There is only one clause in the Bill about adoption. In theory, what should happen after this session is that we look at your evidence and then think of any further amendment or improvements that might be made to the Bill. Unfortunately, because clause 13 is being debated on Thursday, we are out of time for that, but the Chairs have indicated that they will look favourably on any amendments that we might submit, even at this late stage, before Thursday. Is there anything that you think should be added to the Bill to improve it by way of an amendment or new clause?

Hugh Thornbery: The two things that I have mentioned: the duty to provide adoption support on the basis of an assessment of need and the extension of virtual schools to cover children adopted from care as well as looked-after children.

Andy Leary-May: For me, it would be an extension of what the Bill focuses on to cover other forms of permanence. Also, is there any way to inject some degree of required caution about how the power might be used? Rather than having a blanket movement and assuming that it will create improvement in all areas, maybe it could start a little more cautiously and take it step by step.

[Edward Timpson]

Q 30 In the Children and Families Act 2014, we took a backstop power in relation to the recruitment of adopters, so we could ensure that enough came forward who could be assessed and approved for the children still waiting to be placed for adoption. We have not had to use that power, and we have been successful in increasing recruitment by, I think, more than 27% in the past 18 months to two years.

This power widens it out to include matching and support, which we have discussed in this session. Based on the fact that there are already good working relationships between local authorities and consortia, which often include voluntary adoption agencies, and based on our statement on page 12 that, as we articulate in our paper “Regionalising adoption”, we need to harness the important role of voluntary adoption agencies in forming regional adoption agencies, how confident are you that in the next few years, through the work of the Department, yourselves and others with an interest in getting it right, we can ensure that we scale up services in all those areas so that we do not need to use the power on recruitment, as we have not yet had to do?

Hugh Thornbery: I am confident in the sector’s ability to improve. The examples that you have given have demonstrated that with the right degree of encouragement, and sometimes financial support, the system has been able to transform itself in terms of reducing delay, increasing the supply of adopters, improving adoption support and so on.

I think that there are systemic and cultural barriers to moving from those single entities working in partnership with each other to entities coming together to form a new entity. There are issues of governance and accountability. I think that we have seen some progress toward consortia working well. The progress that has been made toward a more formal consolidation has, in most cases, got quite close to achieving it and then stepped back. We need to understand why that is happening. I think it has to do with some of those issues that I have just mentioned.

Andy Leary-May: Within matching, in some ways we are already there, in that a local authority’s ability to have visibility of available adopters is already there. That was why we built our system, and it is there. It is about the decisions made as to which placements they go for. I do not think that those problems will be solved by regionalising agencies and it is important that they are addressed. If there were regions that for whatever reason do not come together as a regional agency, those other problems would still need to be addressed. But in either case I think there will be problems.

I think it is important to remember that a local authority may be willing to look widely when it is looking for a match for children, but local authorities do often hold on to their adopters. They need to be making adopters available from the earliest point, because otherwise the pool of adopters will never be big. I think that could be changed in other ways.

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[Peter Kyle]

Q 38 I have other questions, but would the other witnesses like to comment on either the failure aspect or the contribution aspect?

Anna Sharkey: Obviously, what we are discussing is the adoption clause and the multiple placement changes in fostering. Having managed a fostering service for some time and knowing the sorts of complex areas being dealt with, I accept that adoption constitutes a very small proportion of the population of looked-after children, and it has had a huge amount of focus. There has been a lot of attention on adoption, but part of the reason is that the outcomes for adopted children tend to be good. The disruption rate is still very low. We know from Julie Selwyn’s research that there are families that clearly continue to have difficulties in their adoptive placements, but most of them hang on in there.

The outcomes for children are very good, and we know that the children involved will be those who have had the most trauma, because if they had not had the most trauma, more would be being done to try to maintain them in their family of origin. These are the ones where there is often absolutely no hope of achieving that within their family. Therefore, by definition, they are going to be the little people who have experienced the most difficult things. Adoption, by achieving what it does for them, is hugely significant. The fostering bit, and the whole role of public care, is another whole area and while I am not saying that it is muddying the water, I think it will get very complicated if we discuss it here.

Alison O'Sullivan: I would agree with the general direction of those comments. I have nothing to urge specifically for legislation, but perhaps for guidance and the manner of implementation. First, it is really helpful to have a spotlight on adoption, but we can do more than one thing at a time. We need to keep the spotlight on adoption, but also look more closely at permanency, as has been urged by the other witnesses—I absolutely agree with that. The second thing I would urge is that we make real the spirit of local determination, because there will not be one solution. It is important that as we do that, we keep a very close eye, collaboratively, on the impacts on the whole system.

This is quite a volatile, fluid market in some places and having an overview of that and how we manage collaboratively the dynamics in that market will be key to its success. Otherwise, we will have unintended consequences in creating something strong in this bit of the system washing back into another bit of the system. That is not what any of us want. It will be an art rather than a science, but I think if we work collaboratively we can do that.

My third point would be to build on the arrangements for collaboration. We have local adoption boards coming into place. I have been visiting the regions over recent weeks, and the boards are starting to gain traction. Many of them are looking broadly at permanence. They are keeping their eye firmly on adoption but looking at it within that broader context. By tying those together with national oversight we will be able to keep in view the important dynamics in the system.

[Kevin Brennan]

Q 39 It strikes me that given that improved quality of parenting, higher aspiration, more stability and a better voice for young people who are looked after in care should, as ever, be our principles, we should have had some young people giving evidence to our session today. It is all of our faults for not making sure that that happened, as it would have been useful. If there is any written evidence, we should take very close account of it.

While you are here, Alison, I wonder if I might ask you as a director of children’s services who also has some responsibility for education—the Bill includes clauses on education—whether you think the regional schools commissioner in your area has the capacity to increase their oversight of schools as envisaged in the Bill, from 500 academies or so in your area to about 2,500 schools under their new responsibilities for issuing warning notices and, on top of that, having responsibility for dealing with coasting schools? Do you think they have the capacity to do that with a maximum of about seven staff?

Alison O'Sullivan: I do not imagine that the existing level of resource into that part of the system would be able to cope without some additional investment. It is not for the local authority to determine the support to the academy part of the system. What I would say is that there is an untapped resource of collaboration at a local level. If we look at the shared ambition that we have to drive up standards in all schools in all categories, we should be exploiting the potential to collaborate more closely across the wider system.

[Kevin Brennan]

Q 40 On that point, do you think that DCSs should be members of the teacher advisory boards, given that they are now taking over responsibility around maintained schools as well?

Alison O'Sullivan: I think we need the right people in the room to have the right oversight of those systems on the right scale. There are some difficulties with geography which I think would bear examination: the oversight of the academy part of the system does not sit easily in terms of coterminous boundaries with other administrative boundaries. That creates complexity that we could perhaps design out of the system to good effect. I personally feel that there is a great untapped resource of collaboration, because the expertise for improvement sits very largely within schools, but we need to be able to join that up across the whole of the system.

[Kevin Brennan]

Q 41 Could I ask finally whether you think it will be necessary for the things contained in the Bill to be achieved on the school side for the staff to be transferred from local authorities to the regional schools commissioners?

Alison O'Sullivan: No, I do not think that structural change is the answer to those challenges. It is certainly something that could be considered but why would you put time and energy into structural change if you could achieve that without it?

[Suella Fernandes (Fareham) (Con)]

Q 42 The provision on adoption aims to try and solve the problem of long-term decline in adoption. At the moment, as we all know, it is happening at too small and too localised a scale. It is hoped that the attempt to regionalise agencies and bring them together will encourage agencies to cast their net more widely, reduce the problems of delay, and encourage local authorities to look outside their immediate local area. We have heard a lot about this today. One problem which has been cited is the reluctance of local authorities to place children outside a particular area. What appetite do you think there is for looking further afield geographically?

Anna Sharkey: I think that there is an appetite. Local authorities met the requirement to up the game when it came to recruitment, and they were very successful. Local authority social workers work hard to do the best they can for the children they are responsible for, and that is what they aim to do. There are difficulties in the system as it exists at the moment, and I think that, because clearly there are children waiting in the system. I have adopters who have been approved and are waiting—it is not happening. Adoption Link has achieved a huge amount by getting adopters much more involved in the adopter-led linking process, and that has been very positive.

There some things that still prevent movement out of a local authority region. These are often to do with budget constraints, because local authorities are completely stuck financially. There is an historical sense that buying a placement from outside is very costly. Andy talked about children who sit in the care system and experience multiple placement moves, and who are then over-represented in mental ill health, the criminal justice system and underperformance at school. The cost to all of us of not getting it right at a much earlier stage is absolutely phenomenal, not least of which is the impact on that individual child and the rest of their family.

Getting it right is very important. At the moment the structure includes an inter-agency fee budget, an adoption budget, a fostering budget, a budget that does something else relating to supporting kinship care arrangements, and so on, which can make it very difficult to be child-focused, and to look at the best option in the most timely way to meet the needs of the child as soon as possible. Anything that tries to sort that out can only be a good thing.

I have some caution about the criteria on which that regionalisation would happen and how big a region would be. There is talk in the paper of it being around the 200 mark in respect of children. We are dealing with a very personal aspect of public care, and adopters need to feel that the people they are working with know them individually. We want those children to be known individually by the social worker who is advocating on their behalf, so getting lost in numbers is a real concern. We also know that where people are stuck with chunks of money that do something or boundaries that do something else, or if social workers are not prepared to go outside because someone else is saying “We have run out of money” or “It has got to be in-house” or “We have a family coming through in four months’ time who might be okay”, that will build delay into the system. If we can improve that, it has got to be better.

Alison O'Sullivan: It is really important that we do not build new barriers. If we are widening the scope of the way in which people collaborate to make things more effective and more efficient, then we must not have another set of boundaries that are just on a slightly bigger scale. It is not only how we create those collaborative arrangements, but how they interface and interrelate with each other as we go forward. That is one aspect that will need to be managed.

Andy Elvin: I would go back a step regarding the decline of adoption numbers. If your measure of success is an increase in adoption, then you are asking the wrong questions. That is not what we are after; we are after an increase in permanence and an increase in better outcomes for children. As the adoption numbers have fallen slightly, we have seen special guardianship orders rise. SGOs, in particular those for children under five, are largely made to extended family members to care for their relatives. That was exactly why SGOs were introduced. It is not a bad thing that they are now being used where there used to be intra-family adoptions, because they take some of the heat out of that conflict between different generations of a family.

We have a group of experts which was set up by the Department for Education, which will start meeting to discuss the rise in special guardianships. It will also look at the appropriate use and the assessments behind SGOs. Until that finishes in the autumn, we do not really know what the story is behind the rise in special guardianship, particularly for the under-fives.

The other side is that there is a huge rise in surrogacy in this country that is completely unknown and completely unreported. People who used to come forward for adoption are choosing international surrogacy, because it is available and affordable and more assured in terms of getting a younger child—a baby—than adoption. There are all these threats to adoption out there, but simply taking adoption numbers as your measure of success is to look at entirely the wrong thing. It is outcomes for children as a whole that we are after, and success comes in many forms. I know many complex children we look after in long-term foster care who have absolutely fantastic outcomes.

Foster care does not stop at 18; it will not stop at 21, when they are staying put. Our foster parents are godparents to their foster children’s children; they give them away at their weddings. It very often lasts for life in the same way that adoption does.

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[The Chair]

Q 48 Mr Hobby, I am pleased that you have been able to come to give evidence to the Committee. May I ask you a couple of favours? First, before we open the question and answer period, would you present yourself and your CV? Secondly, because this is a terrible room for acoustics—you are not supposed to admit to things like that in Parliament, but it really is not very good at all—would you raise your voice a little bit? It would help the Members. We will not be in this room in future—you have been unfortunate, as we have, to land here today. Without further ado, will you present yourself to the Committee?

Russell Hobby: Good afternoon and thank you for inviting me to give evidence. I am Russell Hobby, general secretary of the National Association of Head Teachers. We represent 29,000 school leaders in all phases of education.

[Kevin Brennan]

Q 49 Since time is very short and we do not have the pleasure of your company for long, can you tell us, as succinctly as possible, what you think about the Bill and what you would do to amend or improve it?

Russell Hobby: Okay. In a spirit of constructive criticism, the first issue is whether the Bill genuinely defines what we would normally regard as coasting schools. I think there is potential within the definition for some schools at the secondary level that we would normally regard as fitting the definition of coasting: those with affluent or privileged intakes who manage to achieve over the 60% hurdle but do not make adequate progress on that. It seems to me a better definition of schools that have been average for a long period of time rather than what we would normally define as coasting.

There is an issue in that we are already raising the performance standards while we are still waiting for new standards to be implemented. There is a risk of that being perceived by headteachers as more pressure being added to that. That is magnified by the fact that two of the years over which this is measured are retrospective—they have already delivered their performance for those two years. People complain a lot about not being able to predict what is around the corner in education and they also cannot predict what has happened in the past, to a degree, as a result of this.

We reckon that there are about 700 primary schools and perhaps 400 secondary schools that would fall within the definition of coasting and probably 60% of those—certainly at the primary level—have got a good inspection rating. They will have thought that they had done everything that had been set for them, but now they have a new bar to climb over.

[Kevin Brennan]

Q 50 Do you think that the Government sometimes think it is ultimately possible for all schools to be above average?

Russell Hobby: Not if the definition of average keeps shifting as schools improve themselves over time. It is particularly hard at secondary level, where the exam results are re-normed year on year to ensure that a similar balance of results comes out, so secondary schools can find themselves in a bit of a rat race on that front.

It is right that we should raise our standards from time to time and we should reset that bar. The difficulty is, if the level of pressure on schools is too high—let us face it, they have dealt with five years of quite extreme pressure on that front—some of the effects on education can be negative. Rather than just raising standards, you get narrowed curricula, teaching to the test and people leaving the environment, so you find it harder to recruit headteachers to work in the most challenging schools.

[Kevin Brennan]

Q 51 A final question. Could the whole issue of coasting schools be dealt with in the inspection regime? Is there a danger that there could be confusion about accountability if we have two separate regimes running side by side?

Russell Hobby: That danger does exist. We now have two separate systems with no read-across between the Ofsted categories of “requires improvement”, “good” and “inadequate” and the new definition of coasting. You will find schools in every Ofsted grade that will fit that definition—in fact, I think you will find slightly more “good” schools than schools in “requires improvement” meeting the definition.

There is a risk that schools will feel that they are working towards two distinct and different sets of criteria. We have always thought that schools should be accountable, but it is helpful if they are accountable in one direction and have one set of standards so that they can focus their efforts on that.

[Bill Esterson]

Q 52 If having a good headteacher is the best indicator of success in a school, what would you like to see in the legislation to increase the numbers of good headteachers?

Russell Hobby: We have taken the first step, which is to move away from vague generalisations of what a coasting school is to start to define what coasting schools are. One of the risks was that a lot of schools were looking over their shoulders, wondering whether they were coasting and, therefore, a lot of people were thinking, “That’s not the sort of school that I would want to go and work in” if there were extra pressures arising.

In favour of the legislation and the regulations being provided, although I have my concerns around the definition, we have now got a more graduated response to those schools that are judged as coasting. Rather than the default assumption being that you will sack the headteacher and academise the school, it is now proposed—at least as written—that you will look for a credible plan of improvement within the school and look to partner the school with other good local schools or national leaders of education. Only then will you move down into forced academisation. I am not sure that that message has reached many school leaders yet. If it does, that might reassure some of the people working in these coasting and challenging schools.

At the same time, some of the checks and balances have been removed or are proposed to be removed. The regional schools commissioners now have a great deal of discretion in determining whether the plan of improvement is credible and who the school should be paired up with. A school’s ability to represent and defend itself is not particularly enshrined within the regulations. School leaders will be wondering, “It’s all very well having the challenge, but do I have the chance to make my case or will I be rushed through a change?” I would look at strengthening those aspects, if possible.

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[The Chair]

Q 60 You know the drill, Ministers. We would be pleased if you presented yourselves, your areas of responsibility and your approach to the Bill. Questions will then come from the Committee.

Lord Nash: I am Lord Nash, the Under-Secretary of State for Schools. I am responsible, among other things, for academies and free schools.

Mr Gibb: I am the Minister of State for Schools. I have responsibility for school standards, issues such as Ofsted, Ofqual, qualifications, the curriculum and behaviour.

Edward Timpson: I am Edward Timpson, Minister of State for Children and Families, which includes: child protection; adoption, which is relevant to the Bill; fostering; special educational needs; character and resilience; school sport; and a whole host of other important portfolio areas.

[Kevin Brennan]

Q 61 Nick, why do you have such a low regard for Ofsted inspections?

Mr Gibb: We do not have a low regard for Ofsted inspections. In fact, the Bill makes it clear that as soon as a school goes into Ofsted category 4, the Secretary of State will have a duty to issue an academy order based on that Ofsted judgment alone.

With coasting schools, we wanted to have a range of metrics, rather than the Ofsted judgment, to determine what is or is not a coasting school. The other principle that the Secretary of State set out on Second Reading, and is reflected in the regulations that you saw last night, is that the judgment should be over a period of years. In most cases, it is difficult to have an Ofsted judgment over a period of years. There will be one Ofsted judgment, almost certainly, during that three-year period. Here we have three years of metrics and a school is regarded as coasting if it falls below the bar in all three years.

[Kevin Brennan]

Q 62 Do you envisage that any outstanding schools will be rated as coasting under the definition that you released at 10 o’clock last night?

Mr Gibb: It is certainly possible that a school could be graded as good or outstanding. Thanks to many of the reforms and the hard work of the teaching profession, 80% of schools up and down the country are now graded as good or outstanding. We are trying to ensure that every school is delivering the sort of education that means that every pupil will be making progress to fulfil their potential. That is a new ambition that we are bringing to the education system.

[Kevin Brennan]

Q 63 One of our witnesses this morning has done a bit of number crunching since then. Apparently there are schools that are currently rated outstanding but will be deemed to be coasting under the definition you released. Does it not make a bit of a mockery of an Ofsted inspection if a group of inspectors goes into a school, judges it to be outstanding and, yet, separately the school is then deemed to be coasting? Why should they get an outstanding rating if it is so obvious that they are coasting?

Mr Gibb: We do not know for certain whether those numbers are correct, because until we have the 2016 results we will not know—

[Kevin Brennan]

You said you envisage that it is perfectly possible.

Mr Gibb: It is quite possible.

[Kevin Brennan]

So the question stands.

Mr Gibb: Yes, but, taking the first point first, we will not know precisely how many schools fall into this category until we have had the 2016 results. We will then be able to define precisely what the progress measure is for 2016.

In terms of outstanding and Ofsted, I suspect that we will not find that many. I do not know and I cannot predict that, but we are determined in this Parliament to address the issue of coasting schools to ensure that every child is making the maximum progress they can, and we want to ensure that schools do that. It may be that judgments Ofsted made in a different era—in the previous Parliament, two or three years ago—do not reflect that new ambition.

[Kevin Brennan]

Q 64 Perhaps they should be inspected more frequently.

Lord Nash, how many academies does a regional schools commissioner tend to be responsible for? How will that change under the Bill?

Lord Nash: In total, each regional schools commissioner is responsible for 600 or 700 academies, although they will be focusing only on those that are underperforming. If a school is doing well, they—

[Kevin Brennan]

Q 65 Will they not have to monitor all schools to check whether they are underperforming under the Bill’s provisions?

Lord Nash: The accountability provisions in the Bill are pretty clear, so, if they fall foul of the coasting schools definition, that will be a statistical analysis. They will not have to do any—

[Kevin Brennan]

Q 66 Given their extra responsibility to issue directions, they have a responsibility to monitor all schools to see whether it is necessary to issue a direction as well as to improve schools.

Lord Nash: I am saying that monitoring to work out which school is coasting is not onerous; that is purely a statistical consequence of the accountability measures.

[Kevin Brennan]

Q 67 How much extra resource will they require to perform those new functions?

Lord Nash: They will require extra resources and we will give those to them gradually.

[Kevin Brennan]

Q 68 Can you give us an idea of what you have in mind?

Lord Nash: I expect in time we may need more regional schools commissioners—they will certainly need more people. They are heavily supported from the centre—the Department for Education—which runs very tight teams of six, seven or eight people. They will certainly need an increase in capacity, but we do not want them to become another arm of the DFE; we want them to be fairly tight-run organisations. I have to say that, having visited all of them and sat in all eight of the headteacher boards, they are performing extremely well.

[Kevin Brennan]

Q 69 Are any of the regional schools commissioners coasting?

Lord Nash: I would say not. I have been involved in starting new organisations for 40 years and an early indication of success is early momentum. Frankly, I have never seen a new set of organisations start as well as this, which is not surprising given that they are all experienced professionals who know their regions well.

[Kevin Brennan]

Q 70 Is there a method by which that judgment could be independently verified?

Lord Nash: I am sure there is. We have clear accountability measures set on the RSCs from the Department, but the ultimate test will be the performance of the academies and schools in their region.

[Kevin Brennan]

Q 71 May I ask you a couple of other brief questions? I am looking for short answers. Should membership of headteacher boards be opened up now to headteachers of all schools rather than just academies, or do you regard headteachers of maintained schools as inferior in some way?

Lord Nash: We definitely do not regard them as inferior in any way, but the headteacher boards and regional schools commissioners are responsible for monitoring academies.

[Kevin Brennan]

That is being extended under the Bill—that is the reason for my question.

Lord Nash: It is not our current intention to open them up. Most of them are elected by their peers and we think that that is a healthy approach.

[Kevin Brennan]

Q 72 So you would maintain the ban on maintained school heads being on the board?

Lord Nash: We have no plans at the moment to change that, but you make a point that we will keep under consideration.

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[Peter Kyle]

Q 81 Perhaps I could ask Mr Gibb. You were here during the evidence sessions today and there was a clear consensus that the Bill was too narrowly focused. That was accepted, and I accept it. I am the chair of governors at an academy school that was a converter. It was a failing school and has seen spectacular results in the four years that it has been in existence. But there was a clear consensus that conversion is one tool, not the tool. Do you not think that the Bill is too narrow and should take account of what all our witnesses said?

Mr Gibb: No, because academisation is only one tool. If you look at the Bill, it has all kinds of other powers. We are asking for the regional schools commissioners to require that a school that is not performing well enough, for example, collaborate with another school or enter into contractual arrangements with somebody who can improve their school. They might join a federation or use the national leaders of education, thousands of whom are doing a fantastic job up and down the country. We want to increase that number to 1,400 and then to 2,000 by the end of the Parliament. Academisation is a backstop if those other interventions, which the regional schools commissioners will be arranging, brokering and discussing with coasting schools, fail. I expect a lot of schools that fall within the definition will have their own plans in place. There may be a recently appointed head with a range of plans to implement. She or he will find themselves below the measure of what counts as a coasting school, but they will discuss those plans with the regional schools commissioner, who will be absolutely convinced that the plan will succeed. That will be the end of the matter and the RSC can move on to another school.

[Kevin Brennan]

Q 82 Following on from what Peter said, he referred to clause 7 of the Bill where the Secretary of State “must”, where a school is eligible for intervention, make an academy order. That is an assumption that will not even be considered for any other method of school improvement. Does that not fetter the ability of Ministers to take a decision based on evidence?

Mr Gibb: No. This is about schools that Ofsted has judged to be in category 4, either requiring significant improvement or requiring special measures, so those schools have had that time. They have had that discussion.

[Kevin Brennan]

Q 83 The Secretary of State already “may” do that. Why “must” they do it?

Mr Gibb: Because we made it very clear before the election and in our manifesto that we wanted to intervene in failing schools from day one.

[Kevin Brennan]

Q 84 But you can do that already.

Mr Gibb: This is delivering that manifesto commitment to intervene in failing schools from day one. This is what will happen now. It will be automatic that an academy order will be issued for schools that are put into category 4 by Ofsted. We do not apologise for that. We are determined to tackle failing schools.

[Kevin Brennan]

Q 85 It is just tough talk, isn’t it?

Mr Gibb: It may be tough talk, but it is tough talk that has delivered. As a consequence of tackling failing schools in the previous Parliament, we now have more than 1 million more pupils in good and outstanding schools than in 2010. That is a remarkable achievement, and we want to build on that now by speeding up the process. Sometimes it can take more than a year to convert a failing school to an academy. We want to build on that further and tackle coasting schools where pupils are not being delivered their full potential. We want to make sure that every child, regardless of background or ability, is fulfilling their potential.

Lord Nash: It is more than tough talk. The regime we have at the moment is basically tough talk. As Minister Gibb says, it means that the average time a school takes to become an academy after being in special measures is more than a year. That is not acceptable. Often the delays are caused by adults putting their priorities ahead of children. We have taken these powers to make it absolutely clear that delaying tactics cannot be used.

[Peter Kyle]

Q 86 To be clear, you are talking about failing schools, but it is also about coasting schools.

Lord Nash: We are talking here about—

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[Peter Kyle]

Q 106 My point is that we cannot use that as an excuse to shut out parents. I understand about people making broad political points, but parents of students who are going to the school and the school community are actively engaged. We do not want to push them to one side for fear of a group that is somewhere else.

Mr Gibb: I do not disagree with you on that. It is about the legal process of converting a school into an academy. We do not want that process being delayed by a group of people who are being driven by politics and ideology. Regarding the parents who want the best for the school, are involved with the PTA, are governors and are involved with their children’s education, a good school will always want to embrace and involve them in the running of the school and the school community. Nothing in the Bill prevents that from happening.

[Kevin Brennan]

Q 107 We have talked about reasons for delays around academisation. Is it not the case that delays are more often due to departmental incompetence, PFI deals and lawyers arguing about public land, or does that never happen, Lord Nash?

Lord Nash: The answer to your question is that is does happen sometimes. Lawyers do argue on those issues, but they are not issues that result in extensive delays.

[Kevin Brennan]

Q 108 Have you witnessed many lengthy delays, none at all or small delays for those reasons?

Lord Nash: Sometimes, the legal process on land can take a bit of time, particularly if the information forthcoming from the local authority is slow, but generally it is the other delays that we talked about.

[Kevin Brennan]

Q 109 Tim Coulson acknowledged earlier that having a key performance indicator relating to the percentage of academies that should be converted in an area could be perceived as a conflict of interest when dealing with coasting schools, in relation to how to approach them. Do you see any conflict of interest being possible there?

Lord Nash: We make sure that all our accountability measures and all the ways in which we asses the performance of regional schools commissioners are based on the principle of putting children first. There are no hidden agendas as you imply.

[The Chair]

That brings us to the end of the time allotted. We are grateful to the Ministers. This is undoubtedly only the opening foray of a period of time that I am sure we will all enjoy. We will examine everything that has been said today by witnesses and the Ministers, and we may come back with some further requests for information. The next meeting of the Committee will be on Thursday 2 July at 11.30 am in Committee Room 12.

Education and Adoption Bill (First sitting)

Kevin Brennan Excerpts

Tuesday 30th June 2015 Public Bill Committees

[The Minister for Schools (Mr Nick Gibb)]

I beg to move a manuscript amendment, in the table, delete “9.40 am” and insert “9.50 am”.

We will move clause 1 later in our deliberations to enable Committee members to table amendments regarding the definition of a coasting school. Draft regulations were sent to all Committee members last night at 10 pm and are available in hard copy this morning. That should give all Members sufficient time to look at the regulations and table amendments to clause 1, should they wish to do so.

[Kevin Brennan (Cardiff West) (Lab)]

May I put on the record—although not at great length, given the delay already this morning—the concern I expressed informally at the Programming Sub-Committee about the manner in which the programming for the Bill has been handled? The Bill has been put together in a rushed way, and the draft regulations were not thought through and ready in time. We received them only at 10 pm last night, which is why the Government are taking clause 13 first, then clauses 2 to 12, then clause 1 later on. It is emblematic of the fact that the Bill is an undercooked piece of legislation that should have been more carefully thought through before being brought to us for consideration. However, the Government get their way on these matters. I have had my say, and we should get on with it.

[Mr Gibb]

Briefly, the Government are determined to ensure that no child is in an underperforming or coasting school. We are acting rapidly to tackle those problems swiftly. Within two months of the general election, we have a Bill available for scrutiny and ready to go through the system. We want to get the regulations right. We believe they are right, so we do not apologise for the swiftness with which we are acting to tackle coasting and failing schools.

[Kevin Brennan]

And we do not apologise for objecting to the manner in which the Bill has been introduced. If the Government were concerned about all children, all children would be covered by the Bill, but they are not.

Amendment agreed to.

Main Question, as amended, put and agreed to.

Ordered,

That—

(1) the Committee shall (in addition to its first meeting at 8.55 am on Tuesday 30 June meet—

(a) at 2.00 pm on Tuesday 30 June;

(b) at 11.30 am and 2.00 pm on Thursday 2 July;

(c) at 9.25 am and 2.00 pm on Tuesday 7 July;

(d) at 11.30 am and 2.00 pm on Thursday 9 July;

(e) at 9.25 am and 2.00 pm on Tuesday 14 July;

(2) the Committee shall hear oral evidence in accordance with the following table:

[The Chair]

Because the deadline for tabling amendments for Thursday’s line-by-line consideration has expired, I am prepared to consider late amendments that would otherwise not be debatable, on the basis that they might arise from evidence given today. I hope that is helpful.

Resolved,

That, subject to the discretion of the Chair, any written evidence received by the Committee shall be reported to the House for publication.—(Mr Gibb.)

--- Later in debate ---

[Kevin Brennan]

Q 2 I thank our witnesses for coming this morning and for their patience. The Bill is not ready; the room was not ready, so we are going on as we started.

Because of the truncated time available, could you be as pithy as possible? I am afraid this session is a bit like “Just a Minute”, rather than an opportunity to expand at great length. You have all had a chance to look at the draft regulations the Government published last night. What do you make of them?

Professor Francis: You go, because I haven’t.

Dr Allen: My concern relates to whether we will be able to identify schools that are truly coasting. I think we all agree that there are schools that provide a perfectly adequate education for their children, but could do a great deal better for the children they educate. My reason for concern is that I believe those schools are much more likely to be serving more affluent communities. I think that these schools are not currently being judged as inadequate by Ofsted. That is because Ofsted inspectors judges what they see—the lessons and the practices—relative to the typical school that they visit, rather than relative to schools that operate in similar circumstances. The consequence of thisis that if a school serves an affluent community, the chances that Ofsted will deem it to be inadequate are extremely low indeed.

This underlies our need for another piece of the accountability mechanism, which judges whether schools are underperforming by a different metric. My concern about the metrics that have been chosen to define coasting schools is that they display exactly the same type of what I call a social gradient. By that I mean that if a school serves an affluent community then it will not be judged to be coasting using these metrics. So we continue to perpetuate the problem that, on the one hand, schools which serve deprived communities are subject to multiple accountability mechanisms, all of which they have a relatively high chance of falling below. However, even more importantly, schools which serve more affluent communities will escape all of the different threshold measures which we set up.

[Kevin Brennan]

Q 3 What would you do to identify and deal with coasting schools?

Dr Allen: First, I would prefer that we did not have this legislation. I would prefer that we redefined the terms of Ofsted. I do not believe that what Ofsted does in judging schools is wrong given its current remit, which is just to say whether or not the quality of the teaching, learning and practices within the school are good when compared to the average school. In the new remit I would ask Ofsted explicitly to judge schools relative to schools that serve similar communities.

[Kevin Brennan]

Q 4 There is no need for legislation, in your view, to create a separate definition of coasting schools and set it out on the face of a Bill. What you could do is change the remit of Osted in order to identify these schools.

Dr Allen: I would prefer that approach, because I worry about having multiple accountability mechanisms. There would be a significant possibility that schools, on the one hand, are judged by Ofsted to be good or, indeed, outstanding, and on the other hand we deem them to be coasting. That creates a confusing accountability regime for schools. I would prefer that we maintain the current accountability regime, in which Ofsted has the last say on whether or not a school is underperforming.

[Kevin Brennan]

Q 5 Do you think it would be possible under these regulations for a school to be deemed not to be coasting, and yet to be inadequate or requiring improvement?

Dr Allen: It would.

[Kevin Brennan]

Q 6 In that case, what should a school do if it is not coasting but requires improvement or is inadequate?

Dr Allen: It is very difficult. That situation will arise where schools serve more deprived communities and have very high levels of free school meals. They risk falling below the bar for the definition of coasting schools as it is currently proposed. What can we ask those schools to do? The problem with data is of course that we cannot tell whether a school is coasting. In data, coasting looks exactly the same as paddling very hard to keep your head above water. It is extremely difficult for a number of reasons to run schools that serve deprived communities. Of course, schools must compensate for any significant social dysfunction in the families of the children who attend. They experience higher teacher turnover. Because they are at significant risk of being deemed inadequate by Ofsted, they find it more difficult to recruit outstanding leaders.

[Kevin Brennan]

Q 7 May I ask Professor Francis to respond to some of those issues?

Professor Francis: I think that that was a very good summary. I am afraid that I did not receive the email this morning and I have not managed to get to my emails yet. I was interested to hear about the definition from colleagues. I think that there is a massive risk of confusion here. To respond to a question raised by Kevin, of course if a school is judged to be inadequate and it falls below floor targets, it may become sponsored in any case. We already have actions and measures to respond to those schools in those situations.

Regarding the scale-up to include this new group of schools, I think that Dr Allen is exactly right to suggest that there may be a situation where a school is judged by Ofsted to be outstanding, but is judged to be coasting against a range of other performance indicators, and that could be extremely confusing both for schools and also for parents. We already have a somewhat paralysing climate of fear where schools are trying to play every measure. I worry that this risks exacerbating that. Clarity is really important. When I did my original report on unsatisfactory schools for the RSA, we purely looked at Ofsted judgments and schools that had been stuck at satisfactory. I therefore think that it is very important to have clear messaging for schools about what a coasting school is.

[Kevin Brennan]

Q 8 Would you also be of a view that in order to avoid that confusion rather than to legislate separately in this way, it would be better if the concept of coasting is incorporated in Ofsted assessments and judged through inspection?

Professor Francis: Yes, or that perhaps the very term “coasting” is re-examined and we think, “What is that we are trying to get at there?” Is it schools that are not improving, in which case, what is it that we are looking to improve and what is it that is not happening? I think that would be helpful.

[Kevin Brennan]

Q 9 Could I ask Robert to respond?

Robert Hill: It seems to me that the regulations on coasting are a redefinition of the floor standards in a new form. To come back to the Minister’s starting point of not wanting to have children in underperforming or coasting schools, it will mean that we will still have pupils in quite a lot of schools or in parts of schools—because there is a lot of variation within schools—that will be let off the hook by this. It will not really search out or find underperformance with these definitions.

I understand the intention behind this bit of the Bill and the regulations, but I think it is a very blunt instrument. There are two other concerns. One is what Dr Allen referred to as the layers of multi-accountability. We almost have a teetering accountability system. It is getting heavier and weightier and weightier, layer upon layer. I think it will become increasingly difficult to provide any sort of incentive for people to go into a lead—even good schools—because of the risk of them being done-to and intervened on. We already have problems with recruiting for many positions and the field for candidates is small.

My other concern is that the Committee should be focusing on what are we going to do about it. The definitions are only a means to an end to identify. The question is what is the resource to solve the problem? Suddenly putting considerable numbers of schools, RI schools, inadequate schools, and now coasting schools into an ever larger pot, and loading that on to a regional commissioner system that is in its infancy and is already very stretched and ensuring that we have an integrated way of supporting that have not been thought through.

[Kevin Brennan]

Q 10 I will be brief because I want to hand over and let the Minister also speak while we are on coasting schools. Do the witnesses envisage that under the regulations as defined and from the Government’s intentions we are going to have a situation where heads and governors and so on are going to have to deal with the concept of being an outstanding school but also deemed to be coasting; a good school but also deemed to be coasting; a school that requires improvement deemed to be not coasting; and an inadequate school deemed to be not coasting? Is that possible under the regulations as far as we have seen them? I am aware that they were only released to us in the usual manner after they had been released to the press. The Government briefed this to the press all through yesterday, but we eventually got it at 10 o’clock last night. Are all those scenarios possible?

Robert Hill: I do not think quite all those scenarios are possible. It is technically possible, but I think it is unlikely that an inadequate school—

[Kevin Brennan]

Q 11 So that is not possible under the regulations as defined? That is what I am asking you?

Robert Hill: Well, Dr Allen may be able to answer. I think some of the other scenarios would be possible.

Dr Allen: We have not crunched the data yet, because we received it at 10.30 last night, which is a shame. In 24 hours we will be able to tell you. By our judgments on various different types of scenarios of progress and value added measures, there are, indeed, schools in most of those categories. For example, some schools that have very negative progress or value added measures in 2014 are judged to be outstanding, and some schools with superb value added measures are judged to be inadequate.

[Mr Gibb]

Q 12 Is not the point of the legislation to try to weed out the schools that are judged to be good or outstanding but that have been concealing poor progress? Is not that what we are trying to tackle? Would you support that?

Dr Allen: Perhaps, but I would ask why Ofsted has walked into those schools, given what we know about the quality of the education that they provide, and judged them to be good or outstanding. I come back to the question of whether we need to change the remit of Ofsted.

I reiterate the more important point, which is little understood, about the social gradient of progress 8. I will give you some examples from 2014 data. Just 42 out of 380 schools with less than 10% of pupils on free school meals had a negative progress 8 score, whereas 191 out of 347 schools with more than 50% on free school meals had a negative progress 8 score. It is not always obvious why that should be that case. The idea of progress 8 is that we judge children from the starting point of their test scores at the age of 11 and we expect children with the same starting point to make the same amount of progress.

That social gradient emerges for a number of reasons. The most important is just that there is clustering of social circumstances within schools. For example, take two children who performed equally poorly on their key stage 2 tests and, at the age of 11, we say are low-attaining children. One of them attends a relatively affluent school. The very fact that they are attending a relatively affluent school means that they are more likely to have a supportive home environment, which means that regardless of what happens in the school—the thing that we want to influence—that child is more likely to do well at GCSE. I am concerned that that social gradient is letting schools that serve affluent communities off the hook on this definition. I would prefer schools to be judged relative to schools like them and, unfortunately, progress 8 does not quite do that.

--- Later in debate ---

[The Chair]

Q 20 Good morning. Thank you for coming. Will you briefly introduce yourselves?

Malcolm Trobe: I am Malcolm Trobe. I am a former secondary school headteacher and I am currently Deputy General Secretary of the Association of School and College Leaders.

Sir Daniel Moynihan: I am Daniel Moynihan, chief executive for the Harris Federation, a group of 36 academies in and around London. I was previously the head of two secondary schools.

Emma Knights: Emma Knights, chief executive of the National Governors’ Association. We are the membership organisation for governing boards of both maintained schools and academies and we exist to improve the effectiveness of governance in schools.

Richard Watts: I am Richard Watts. I am the leader of Islington Council, speaking on behalf of the Local Government Association.

[Kevin Brennan]

Q 21 I will ask one question and then pass it over to colleagues, as they will not otherwise get a chance to ask questions. In dealing with an inadequate school, is academisation the only way to bring about satisfactory improvement—why is it that the Bill says that Ministers must, when they find an inadequate school, organise its academisation? Could you each offer a short, “Just a Minute” type answer—in fact, one word will do. Start with one word each.

Malcolm Trobe: No.

Sir Daniel Moynihan: Yes.

Emma Knights: No.

Richard Watts: No.

[Kevin Brennan]

Q 22 Three noes and one yes. Could Sir Daniel perhaps explain why it is the only way?

Sir Daniel Moynihan: Maintained schools are under the remit of their local authority and the local authority has responsibility for their improvement and their monitoring. If a school fails, it will not normally be because of something that has happened overnight; it will be because of a gradual decline in performance over a period of time. The local authority should have picked up on that and used its resources to do so and my view is, therefore, that somebody else should be allowed to take on that school and improve it under the guise of an academy.

Malcolm Trobe: We clearly want all pupils to be in a good school. We want all local schools to be good schools. What we would say, however, is that changing the status of a school, in itself, will not necessarily change and improve the quality of the education in the school. What is required is a detailed, well thought out plan and a support system to go into the school. You need to understand the context of the school. One must understand resources; one of the critical things happening in a lot of schools that are in significant difficulties at the moment is that they are having major problems with teacher recruitment. One thing that we believe the Government need to tackle very urgently is ensuring that there are high-quality teachers available for these schools.

[Graham Jones (Hyndburn) (Lab)]

I am interested in this definition of coasting. My daughter is six and goes to a primary school. It is self-evident to me and my constituents that the differential between some schools is often the amount of time that is allocated to children out of school. There are the parental and social contributions and networks that children attend in some of the more affluent areas. How are they measured in this coasting measurement? Clearly, the same amount of time is not allocated in some of my poorer areas. There are challenges in life. How is that not part of the school day?

Richard Watts: Islington, which I represent, has a fair number of affluent people and we have more than our fair share of poor people. We see enormous differences in our schools, depending on people’s home circumstances. It is really important that schools do their best to compensate for that, but that is not wholly possible. No one should make excuses—

--- Later in debate ---

[Suella Fernandes (Fareham) (Con)]

Q 33 This legislation, through guidance, aims to address the problem of latent stagnation in schools. It does that by identifying the standard for coasting and raising standards by offering those coasting schools the opportunity to work with some of the best experts in education to design a path to improvement. What should those plans include? What programme of improvement measures should there be for schools of that type?

Emma Knights: I think that, actually, pretty much every school in the country has a school improvement plan—it is part of what we do. It might be called something else, such as a school development plan, but that is actually what the governing board of the school is doing. I would not want the Committee to think that some schools are just bimbling along, not thinking about how they improve teaching and learning and outcomes for children. A huge change has taken place in schools over the last 10 years in terms of schools actually taking responsibility for that. We see, in fact, that a lot of schools do manage to improve without having to have what is called formal intervention.

I do not want to leave this room without mentioning interim executive boards, because there is more than one type of formal intervention and so far the Committee has asked only about sponsored academisation. We actually have very little evidence about which different types of formal intervention work best and that is a bit of a worry for me. This whole Bill has come into place when actually we are guessing.

The main bit of evidence was produced by the National Audit Office last year and it showed that 60% of schools deemed inadequate did improve without any sort of formal intervention because they had exactly that: a school improvement plan, and that worked in 60% of cases. Sponsored academisation worked in 44% of cases and IEBs worked in 72% of cases, so I really think the Committee needs to think about other interventions and please do not overlook interim executive boards.

You may think it is slightly funny that I am saying that as the National Governors’ Association, because obviously an IEB is put in place when the governance fails. But, if the school is failing, that is needed and we should be doing that.

[Kevin Brennan]

Q 34 If I may say so, that observation seems to be in direct contrast to what Sir Daniel said earlier. Sir Daniel, would you care to come back, rebut and destroy the points made by the representative of the National Governors’ Association?

Sir Daniel Moynihan: IEBs are an effective solution and in many cases IEBs precede academy conversion. In a number of the schools that we have taken on which have been—

[Kevin Brennan]

Q 35 I apologise for stopping you, but briefly, the Bill says “must” and that was the question I asked you earlier. It does not envisage an IEB as a possible tool to be used in those circumstances.

Sir Daniel Moynihan: No, but IEBs have often been used in those circumstances, so part of the success of the figures that we have just heard is that of IEBs on their way to delivering an academy solution. I know all academies are not successful and I am not claiming that they are, but not all treatments for any problem are successful and it does not mean that you should not have the treatment. In many cases, sponsored academies are doing an amazing job.

Richard Watts: One thing I would add is that local authorities face some bureaucratic hurdles in trying to place IEBs on schools that we think need some intervention. One of the changes to the Bill that we would like to see is to give local authorities the power to introduce IEBs without having to go through the process of applying to the Secretary of State, as that allows us to tackle problems more quickly.

Malcolm Trobe: Coming back to the original question, I would urge members of the Committee to look at the ASCL blueprint for a self-improving school system. We believe that school leaders are very committed to having a system in which there is school to school support, whether that be through federations, schools working together or through multi-academy trusts. The expertise to improve schools is within the profession itself and we believe that it is by schools working together that we will see a continuing improvement in our education system.

[John Pugh (Southport) (LD)]

Q 36 Following on from that, clearly the problem is coasting. Everybody wants the problem of coasting addressed. The only solution in the legislation is academisation. Apart from changing governance and headteacher, which often follows with academisation, what do academies have in their toolkit to address the problem of coasting that an LEA does not, and vice-versa? Councillor Watts, could you begin?

Richard Watts: My take is that actually governance status is not a very good indicator of any organisation’s capacity to change. There are some very good academy conversions—Harris is an extremely good chain—and there are some very poor academy conversions. Governance status is to my mind a distraction in all of this. There is a set of toolkits which are about getting outstanding leadership and teaching into schools, and any middle-tier organisation, be it an academy chain or a local authority, should have the powers to do that quickly and decisively. Primarily, good schools are made up of outstanding leaders, good teachers and a capacity to improve internally, working with partners. That is the only proven record across the piece of driving up schools.

--- Later in debate ---

[Mr Gibb]

Q 44 Did Downhills not have governors?

Emma Knights: Their governing body was not a member of ours. We checked at the time to see whether they were, and they were not.

Sir Daniel Moynihan: It is true that we could be talking about academy chains that have had schools taken off them, but the point is that where schools—whether they are academies or local authority schools—are inadequate, a change is being made. For generations, that has not happened. It is not a bad thing for academy chains that do badly to lose schools—so they should, and someone else should have the opportunity to fix them. That is right.

[Kevin Brennan]

Can we put on the record, Mr Chope, that that is a point of agreement, I think, across the Committee? Where schools are inadequate, action should be taken.

Richard Watts: Two points—the danger of policy making by anecdote is that it leads you down a whole range of dangerous roads. I could cite two or three examples in my own borough where fantastic conversion journeys—improvement journeys similar to Downhills—have been taken within the family of local authority schools. I do not think that governance status is the defining thing here. It is about decisive change to a school.

The danger of education statistics is that education is such a data-rich environment that you can essentially find a statistic to prove any point you wish to make within the education system. The danger is a reliance on individual, selectively chosen statistics.

[Mr Gibb]

Q 45 So you are saying, “Don’t use data and don’t use anecdotes.” What would you use?

Richard Watts: No, I am saying, “Do use data,” but I think one has to be very—I have a number of bits of data here showing, for example, that sponsored academies are twice as likely to stay inadequate as maintained schools. One can pick and choose data. I am saying that one has to use a whole range of different bits of evidence.

[Kevin Brennan]

Q 46 On that point, Councillor Watts, the Minister used a piece of data at the beginning. He said that sponsored academies have improved more quickly over the past four years than all local authority schools, which is hardly surprising, is it?

Richard Watts: I am sure it is not. Some of the most interesting comparisons are like-for-like ones. Putting to one side the politics of this, I urge the Committee to consider the Sutton Trust report on this, which looked at the capacity of schools. It found that of the 20 academy chains considered, three produced above-average results, including Harris—on which, enormous congratulations to Daniel—and that of 100 local authority schools, 44 produced above-average results. As I say, you can pick data that show any point you wish. I do not think there is any overwhelming data that show the governance model to be the defining thing in the quality of a school.

[Bill Esterson]

Q 47 Should high-performing local authorities be allowed to take over coasting academies?

Richard Watts: There is a real challenge that the Government will face in pushing through this legislation: the capacity of high-quality sponsors to take on more schools. There are some excellent sponsors and there are some not so good sponsors. We have seen that capacity problems can develop where sponsor chains expand very quickly. The Department for Education has rightly intervened in a number of those rapidly expanding chains. If you are going to expand the pool of high-quality sponsors, it is common sense that good quality local authorities, or even outstanding maintained schools, should be able to become sponsors.

--- Later in debate ---

[Mrs Flick Drummond (Portsmouth South) (Con)]

Q 54 You have commented a bit, but I ask each member of the panel: which criteria would you use to identify a coasting school?

Richard Watts: I would be happy with an Ofsted measure. If we have Ofsted for a reason, we should respect its judgments. If we are saying that Ofsted needs serious reform, let us get on and reform it. If we have a schools inspectorate, it should be respected to some extent. It has to be about more than just progress. My borough is traditionally a highly deprived area that has seen very high levels of progress, but we are still not getting the final results. Employees never ask what your progress measure is; they ask what your GCSEs are. We need some measure of final result.

Emma Knights: I think we are in huge danger of over-complicating our accountability system. Schools are held accountable in so many different ways. I agree that layering this on top of Ofsted seems the wrong solution. We need to sort out Ofsted if we do not think that it is telling us what we need.

The real thing that will improve schools regards capacity in the system. Those of us who want to improve schools should all be worried about that. We have not talked about the regional schools commissioners and their capacity. At a time when the Department is having to undertake cuts, is there enough capacity in the system to identify these schools and work with them to improve? That is the real problem that we all face.

I cannot tell you how much governing boards want to recruit fantastic headteachers. That is what we want to do and that is what will change our schools. We are not getting applications from fantastic candidates in a lot of parts of the country. That is the real problem that we need to worry about, rather than layering measure upon measure and increasing the fear in schools. We think that one reason that some school leaders are not coming forward for headship is because they are already scared and drowning under the accountability system. We need to seriously change the culture.

Sir Daniel Moynihan: Going back to Richard’s point, there clearly are schools that are judged to be outstanding and have parents queuing round the block. The problem is, that if the children in them are not making the amount of progress that similarly good schools elsewhere are making, it is not wrong to jolt the school and possibly upset parents by saying, “Hang on a minute, these children are being short-changed. In other places—look at those—they are doing much better.”

[Kevin Brennan]

Q 55 But does not that tell you that the school is not outstanding in the first place?

Sir Daniel Moynihan: It could well do. Some 80% of schools are judged to be good and outstanding. What is intriguing is that, in some of those judgments, there are schools with enormous gaps between pupil premium and non-pupil premium children. That cannot be right. How can a school be outstanding with an enormous gap there? A number of schools with those judgments from the past have very low value added, so there are issues to be looked at.

Progress has to be the driver. Progress alerts you to a school; you have to look at it in a bit more detail to judge whether it is coasting or not. You would have to look at destinations to find out where those children are going: what kinds of universities, apprenticeships and jobs they are going to, and what attendance is like. Progress is the first stop but you have to look at other things to get the picture.

[Margot James (Stourbridge) (Con)]

Q 56 I have two brief questions. First, Councillor Watts, you mentioned a concern you had about the capacity of high-performing academy chains to take over coasting schools. Earlier, we heard that, in a lot of cases, a school once defined as coasting will, in fact, be able to put its own house in order. Does that not alleviate your concerns about the capacity of these academy chains and high-performing groups?

My second question is to Sir Daniel. When you were answering the point about the measures that the Harris chain put in place to improve schools, you mentioned pupil tracking and discipline. Do you have your own pupil referral unit within your group? Could you comment on the issue of recycling disruptive pupils from school to school? To my mind, that is a real issue among the underperforming schools, particularly in areas of lower socio-economic status.

Richard Watts: However you cut it, the Bill envisages quite a significant increase in the number of schools that are converted to academy status to address performance problems, whether they are failing or coasting. If there are ways that we can address coasting schools without relying on high-performing sponsors, great. I still think there is an issue that the Committee needs to consider about whether there is the capacity in the sponsors’ market to take on the kind of increase in sponsored academies that the Bill envisages.

Sir Daniel Moynihan: To answer the question on PRUs—pupil referral units—we do have our own pupil referral unit called Harris Aspire. It has roughly an equal number of Harris students and non-Harris students. It is available for everybody. Our rationale for starting it was that sometimes a student does unfortunately have to be excluded. Sometimes it has to happen.

We would rather be responsible for them into the future than just unload and forget about them. If parents are content, after an exclusion has happened, students will go to Harris Aspire. There are other times when a student needs a respite period to overcome a problem. They might go there for six weeks and then return very happily into a school. It has both those types of provision. There is a definite need for more of those. We have opened that as a free school, and that is great route to introduce more PRUs and introduce a market and have some competition. Existing PRUs sometimes have a monopoly locally and the provision is quite poor, and heads do not have a great deal of choice sometimes.

--- Later in debate ---

[The Chair]

Good morning. Thank you for coming along. Please introduce yourselves, starting with Dr Coulson.

Dr Coulson: Good morning. I am Tim Coulson; I work for the Department for Education as regional schools commissioner for the East of England and North-East London.

Zoe Carr: Morning. I am Zoe Carr, CEO of a multi-academy trust in Tyne and Wear. We have four primary academies. I also sit on the Headteacher Board for the North of the regional schools commissioner.

Lee Elliot Major: Hello. I am Dr Lee Elliot Major; I am chief executive of the Sutton Trust and a trustee of the Education Endowment Foundation, two foundations dedicated to improving the outcomes of disadvantaged pupils in particular, and spreading good evidence of what works in the education system.

[Kevin Brennan]

Q 57 I welcome everybody to the Committee. I ask Dr Coulson, as a regional schools commissioner, to describe for the Committee your operation: what your office is like and what you do. How will you use the capacity you have to deal with all the schools that will be deemed “coasting” in your area as a result of this Bill?

Dr Coulson: We have an office in Cambridge in the centre of the East of England region. We have a small office of half a dozen civil servants and we have education advisers who are experienced in school improvement. They work with us on schools that are thinking about becoming an academy, and we visit academies where performance does not look good. We spend our time looking to do three things. We forge as many partnerships as possible to address the issue of capacity—we work extensively with the local authorities, teaching schools and significant academy trusts in the area. Secondly, we spend significant time looking to be very clear about addressing failure in academies and calling academy trusts to account for where they are not ensuring success. Thirdly, we look to the best schools in the system to form multi-academy trusts. You have just heard about the Harris trust, one of the large and famous trusts. The huge growth in our region, as across the country, is in trusts, which you will probably hear about from Zoe. There are excellent schools and relatively small multi-academy trusts. The very best school helps the failing—or in future coasting—school that requires improvement and really needs support.

[Kevin Brennan]

Q 58 Just to be clear, the operation consists of you and six civil servants. How many advisers?

Dr Coulson: We have four advisers.

[Kevin Brennan]

Q 59 And are those full time?

Dr Coulson: Broadly; not quite.

[Kevin Brennan]

Q 60 To finish, because I want others to get in, do you think you would need extra resources to deal with the extra responsibilities being given to you in relation to the coasting schools in the Bill? Or is your current operation adequate to take on and deal with the new responsibilities in an outstanding way?

Dr Coulson: The bit of capacity that I did not refer to is the wider DFE resource. Within the DFE is the academies group that manages and administers the academies system for Ministers. We draw significantly on their capacity. In the coming few years, when the Bill comes into operation—assuming it goes through and we plan for 2016 and the increase in looking at coasting schools—we will need to look carefully at our capacity to understand schools. In terms of coasting schools, we are not expecting all of them to become academies, but we are expecting to look at whether all of them have a strong plan. The bit of capacity that we are particularly looking to increase is the national leader of education capacity. So, before thinking about whether schools need an academy trust, we need the support of national leaders of education. The Government have recently announced that they expect a further increase in capacity in that area.

[Kevin Brennan]

So to do an outstanding job you will need a little more extra resource is what you are telling us.

[Peter Kyle]

Q 61 May I also place it on the record—I should have done it before—that I am chair of governors of an academy?

Zoe Carr, based on your extensive experience, how important is parental involvement and community engagement to the long-term improvement of a school?

Zoe Carr: I think it is absolutely vital. The four schools that we serve are all in areas of very high deprivation, ranging from double to three times the national average. We have had success for a number of years and have employed our own staff to work specifically with parents. If you engage parents appropriately and get them involved and interested and upskill their knowledge and understanding of the education their child is having, that absolutely pays dividends in supporting the child. It is vital, particularly in areas of high deprivation, to break down the barriers. Often parents themselves have had a negative experience of schools, and the thought of going into a headteacher’s office can be daunting. We have staff to go between the parents and the headteacher, who the parents see as being on their side and wanting to get them into the school.

--- Later in debate ---

[Mr Gibb]

Q 82 A thought has just occurred to me. I do not know if you heard the evidence from the first session when he heard Dr Allen talking about the problems of running a school in an area of deprivation. She said that is was very difficult to run a school in such an area. Her implication was that somehow a lower standard should be applied to those schools than to schools in more affluent areas. Do you reject that view as much as I do?

Lee Elliot Major: I would be very uncomfortable with that. I did not hear that evidence, but we have to have very high aspirations for all our children. The Sutton Trust and the Education Endowment Foundation have found many times that if you give them opportunities, they will fly. We have many examples of children—some of them are now MPs, in fact, among many other great professions—whom we have helped in our programmes. No, I would counter that, although I did not hear the evidence.

[Kevin Brennan]

Q 83 There was a call to name names over here, but we will not hold you to it. Tim, do you have key performance indicators in your job relating to the percentage of schools becoming academies?

Dr Coulson: We have a range of measures that we look at. One of them is schools becoming academies, principally because we want to encourage them to move, once they become academies, as Zoe said of her experience, to contributing as part of a multi-academy trust system.

[Kevin Brennan]

Q 84 Do you see any problem at all with balancing the new powers that you are being given on coasting schools with having performance indicators relating to the number of academies within your area?

Dr Coulson: No, I do not, because I think the most important measures that we have got are to see improvements in the system. For me, the crucial bit about coasting schools is having a whole new way of looking at those schools. I come most recently from working in a local authority. In the region where I work, extremely good relationships have been established between the work that I do and the local authorities. One of your colleagues asked me about capacity. There is something in there about how we need to pull together all the different aspects to really check that every school that we want to improve does improve.

The coasting schools regulations bring into focus another group of schools whose improvement we can definitely check. I would love for those regulations to be much more ambitious and tackle a whole load of schools. I think that there is another group of schools we can really focus on.

[Kevin Brennan]

Q 85 Do accountability measures for schools ever drive schools to teach to the test? That has been alleged. Do you think that that ever happens with schools?

Dr Coulson: Inevitably. I think accountability measures are extremely influential.

[Kevin Brennan]

Q 86 If accountability measures are influential for schools, why are they not influential for you in relation to coasting schools and your accountability measures relating to the academisation of schools? Why are you immune to the very thing you say schools suffer from?

Dr Coulson: Part of what the Sutton Trust evidence argues for is a subtler use of measures. On the question you are asking about my own performance measures, the performance measure you talked about is one of nine different performance measures that are there to balance things out. In terms of the contribution of one particular performance measure and the extent to which that pushes behaviour, which I think is your point—I understand the point you are making—for me, the whole basket of performance indicators is designed to make sure that we use most judiciously the different paths that we have to try to get schools to be better schools.

[Kevin Brennan]

Q 87 But you understand why some people might see a potential conflict of interest in those two objectives?

Dr Coulson: I suppose my argument would be that in terms of the range of those performance indicators, I hope that the whole set of those indicators would drive our behaviour in terms of getting the region better.

[Kevin Brennan]

Q 88 Interim executive boards were discussed earlier. In your opinion, through your long experience in education, are IEBs ever a way to deal with an inadequate school? Can that be the right solution sometimes?

Dr Coulson: My experience of IEBs in inadequate schools is that they have been extremely useful transition tools to move schools to an academy trust. In terms of coasting schools, there could be IEBs that do a different job.

[Kevin Brennan]

Q 89 Before you move on to that, can I make the point that I am trying to get to? Are IEBs ever a valuable way to deal with an inadequate school that is not on a pathway to academisation, but is nevertheless on a pathway to improvement within the maintained sector?

Dr Coulson: I have not experienced it.

[Suella Fernandes]

Q 90 I am a chair of governors at a free school. I want to build on the Minister’s point about the measure used to identify standards in schools and the move to Progress 8. We heard evidence from Dr Allen, who did not really think that Progress 8 was a suitable standard because it did not capture data for the requisite amount of time and displayed the same social gradient. She also said that the assessment of coasting would add an extra layer of accountability, which schools would find confusing. Could you all say a bit about what you think of those comments and opinions?

Dr Coulson: I think that the definition of coasting is a measured increase in ambition. What you heard earlier was about whether the threshold of 60% under the current measures and then 85% for primary schools gives a ceiling for the number of schools that would come into the scope of being addressed. I would love to address every single school. The draft regulations give a significant increase in ambition to schools that really need a focus, while managing the capacity question that I have been asked several times about how much we can grow the system in order for schools to come into it.

The points we heard about tweaking the measures were all really well made. There is a balance in terms of what the increase of ambition means at this stage in the draft regulations. As crafted now, they show a significant increase in ambition, even if they do not address every single school that people would like to have focused attention on.

Zoe Carr: I would like to pick this up from the primary angle, if I may. The 85% attainment measure—which all aspire to, so we will live up to it and do everything that we can—is more challenging for disadvantaged schools. However, the biggest thing for me is whether affluent schools will be identified under this coasting definition if they achieve the 85% measure but their progress continues to be poor. We must not miss that really important aspect when the Bill passes through Parliament, because we still need ways to identify those sorts of schools. I think that is the reason for the Bill being here in the first place—to try to address the coasting schools in our education system.

If those schools’ progress measures are not above the median for a number of years, yet their attainment is above 85%, it is right that we look at those elements. That is where schools in disadvantaged areas will feel that they are being hit twice by these accountability measures, whereas schools in affluent areas will have a much greater chance of attaining the 85% and their progress will not then really be looked at.

Lee Elliot Major: I was going to make exactly the same point. I worry—for me, it always goes back to the disadvantaged children—about the progress of children in high-attaining schools. I would love the Bill and the discussion to think about those schools in very advantaged areas. A lot of children coming into those schools are already high attaining, therefore the school’s results will generally be higher. My worry is: what about the sometimes small number of children—it is a significant number across the nation if you add them all up—who are not succeeding in those schools? You are then looking at progress measures in both primary and secondary schools. That would be my worry—that we miss out on those hundreds of thousands of children.

One final point—I was not here for Dr Allen’s evidence, but year groups come and go and can be very different in a school, so I like the fact that this will be triggered by a three-year passage of time. That is a sensible approach.

English as an additional language (Pupil Support)

Kevin Brennan Excerpts

Tuesday 23rd June 2015 Westminster Hall

[Mr Jackson]

Thank you, Mr Hollobone. After that alarm, I trust that there will be no incendiary activity in the next 90 minutes.

On that occasion in 2011, I argued—evidently, it transpired, not that persuasively—that although the pupil premium was indeed an excellent idea and a useful tool to assist the most deserving pupils by the deployment of scarce resources, it was nevertheless a blunt instrument. That was because it only related to deprivation as measured by the sole indicator of access to free school meals. It was perfectly possible to nuance and finesse that criterion to drive up education standards in discrete circumstances.

That proved to be the case: in the last Parliament, the coalition Government extended the provision of the flat-rate pupil premium to looked-after children—it was called “pupil premium plus”—and later to the children of service personnel, quite rightly. The deprivation indicator and eligibility criteria were also broadened, as were the differential payment rates between deprived pupils in primary schools and secondary schools. Between 2011 and 2015, per capita funding rose from £430 to £935 for deprived pupils in secondary schools, to £1,100 for deprived pupils in primary schools and to £1,900 for looked-after children. It was £300 for service children.

I am proud to be associated with the Government that did that, and they did it for the right reason, because there is plenty of evidence that the pupil premium has had considerable impact cumulatively across a wide range of LEAs in supporting disadvantaged children and improving their educational attainment. The Department for Education report published in July 2013 under the auspices of TNS BMRB, Tecis, the Centre for Equity in Education, and the Universities of Manchester and Newcastle demonstrated such positive outcomes, as did Ofsted’s pupil premium update, which was published last July.

Naturally, I am delighted not only that the pupil premium worked but that the new Conservative Government remain committed to maintaining it. For the current financial year, it will be £2.545 billion in total. Indeed, one in six children in the Peterborough LEA were in receipt of free school meals in 2013-14.

I accept the central premise that Ministers have prayed in aid of the pupil premium, namely that the link between free school meal eligibility and underachievement is strong. That is undoubtedly the case, but must we accept that the pupil premium cannot be a more flexible vehicle in resource allocation? Let us be clear about what the pupil premium has not addressed historically, and still does not address. There is now no de facto targeted funding for those LEAs that, by dint of their economic profile or geographical circumstances, have to accommodate and deliver the best educational outcomes on an equal statutory footing with all other LEAs to students whose principal language is not English.

The pupil premium has been reconfigured, rebooted, nuanced, reset and expanded, but regrettably it still fails to take account of the real impact of large numbers of English as an additional language pupils. With the demise of the ethnic minority achievement grant, dedicated funding has effectively been removed for EAL pupils. Such funding was rolled up into the dedicated schools grant in 2011-12 and effectively subsumed into mainstream schools funding.

Current LEA funding formulae allow for support for LEA pupils only for a maximum of three years, and the bulk of LEAs elect to fund pupils for less time than that, either 12 or 24 months. That is despite the fact that research indicates that it will take between five and seven years for EAL pupils to match the performance of peers whose first language is English.

There are national initiatives, such as the British Council’s EU-funded Nexus programme. That is good as far as it goes, but it is a national programme that cannot provide bespoke local solutions that reflect the knowledge, skills and experience of teachers, governors, parents and LEAs to deliver the most appropriate local education service.

Each LEA and each school has its own priorities. For instance, if a school was seeking to get the best outcomes for a Somali or west African child in Southwark, that would be a completely different challenge from the challenge of dealing with a Slovak or Lithuanian child in Peterborough, Boston, Wisbech or other parts of eastern England.

It is disappointing that the strong advocacy and campaigning by Westminster City Council for a cash passport system for new entrant EAL pupils has yet to result in any Government action or even, as I understand it, a commitment to investigate the efficacy of such a system in a pilot scheme. I am at a loss to understand why EAL has not featured more prominently in the analysis of the impact on results of the pupil premium by both the DFE and Ofsted since 2011.

This is not a generalist complaint about schools funding, as I am well aware that the Government are committed to rebalancing historical anomalies and unfair funding allocations by providing an extra £390 million for the least well funded education authorities in the current year, 2015-16. Also, in the interests of transparency and lest I be accused by the Minister of being churlish or ungrateful, I concede that he himself committed to Peterborough LEA an exceptional circumstances grant of £1.5 million in 2010-11 to deal with the EAL-related pressures, for which we were extremely grateful. However, that does not negate my case for a strategic and systematic appraisal of such challenges over the medium and long term, and for a focus on those LEAs that are most seriously affected by these unprecedented population pressures. The fact remains that there is effectively no provision for EAL support in pupil premium funding. EAL is only one of a number of pupil-led factors used by local authorities to top up their basic allocation per pupil within the schools block grant funding. In practical terms, such considerations are effectively crowded out by other factors, such as deprivation and prior attainment.

For a small group of LEAs, the pupil premium therefore goes only part of the way in dealing with the huge societal and demographic changes and, indeed, massive challenges they face, centred on EAL issues. Peterborough is encumbered by a vast array of such challenges. It has been described as being like a ‘London Borough without the funding largesse’. Although the number of EAL pupils in England has risen by 21% since 2011, to 1.19 million, in Peterborough it has risen by 46%, from 7,100 pupils to 10,395 pupils—the equivalent of eight new two-form entry primary schools. The largest rise in Peterborough is in primary schools in years 1, 2 and 3, where over 40% of pupils are EAL. The number has risen by 34% across the city. Nearly 70% of pupils are EAL in the primary schools in my constituency.

Two Peterborough schools, Gladstone Primary and Beeches Primary, both in the Central ward, have more than 90% of EAL pupils. In one Peterborough school, 192 pupils speak a language that is called “other than English.” The biggest increase is among Lithuanian speakers, with 410 extra pupils: a 63% increase since 2012. Change is rapid. At one secondary school in Peterborough, two years ago, 40% of year 7 pupils were EAL; the figure is now 70%.

[Kevin Brennan (Cardiff West) (Lab)]

I congratulate the hon. Gentleman on securing this debate. Given that it was based on the numbers of pupils involved, is he making a case for the reinstatement of the ethnic minority achievement grant as a way of solving the problem that he outlines?

--- Later in debate ---

[Carol Monaghan (Glasgow North West) (SNP)]

It is a pleasure to serve under your chairmanship, Mr Hollobone. I will talk a bit about my experience of pupils with EAL needs in my previous job as a teacher.

Scotland has a long and rich history of multilingualism. Throughout the ages, we have had various languages running through our culture—Scots, Gaelic, Irish and English.

[Kevin Brennan]

I could not let that pass without pointing out to the hon. Lady that one of the finest poems in the Welsh language, “Y Gododdin”, was written in the south of Scotland in the early medieval period.

[Carol Monaghan]

I thank the hon. Gentleman; I will add Welsh to that list.

Over the past 20 years, we have seen an influx of people with different languages and cultures. EAL pupils have had a huge, positive impact on our schools in Glasgow. I taught in an inner-city comprehensive in Glasgow where asylum seekers and refugees were housed in the late ’90s. We had a huge number of EAL pupils, and attainment levels increased almost instantly—not only were those pupils delighted to be in school, but they had a positive effect on the native Glaswegian pupils. Throughout the school, we saw a huge benefit from EAL pupils.

The hon. Member for Peterborough (Mr Jackson) talked about the impact on primary schools of large-scale immigration, in terms of teacher recruitment and attainment. I fundamentally disagree with him about attainment and I will talk more about why attainment levels benefit when there are pupils with different languages, but I agree that there is an issue with teacher recruitment. We need to be training and recruiting more teachers to support pupils with additional needs.

The Scottish Government are following the European Union with the “one plus two” languages learning policy. The “one” refers to pupils’ native tongue and the “two” to the additional languages, which could be English, French or Spanish. More and more we are seeing a rise in Gaelic-medium education; for some of those pupils, English is not their first language, so they are also getting English support. In Scotland, a lot of parents now want to send their children to Gaelic schools, and attainment levels are increasing hugely. Such pupils do not learn English until the age of seven, and by eight they have overtaken their peers in English-speaking schools.

There are huge benefits to learning two languages, and the Polish children that the hon. Member for Peterborough mentioned will have those benefits. My children attend Gaelic-medium education. Unfortunately, I have no more than pidgin Gaelic, so I cannot support them with their Gaelic education, and they speak only their native language at home, as the Polish children do. However, they are fluent in Gaelic and in English. I suggest to the hon. Gentleman that Polish pupils who go home and speak only Polish will be getting two languages, so they are being further challenged and will develop far more skills.

--- Later in debate ---

[Kevin Brennan (Cardiff West) (Lab)]

It is extremely pleasant to serve under your chairmanship once again, Mr Hollobone. I congratulate the hon. Member for Peterborough (Mr Jackson) again on securing the debate. He set it on fire when he spoke—at least, the fire alarm went off when he started speaking. It might be a good idea if you made representations to the House authorities and pointed out that, if they want to carry out a routine fire alarm test, they should perhaps do so when we are not debating in this Chamber. The interruption did not, however, prevent the hon. Gentleman from making a compelling case about the issues raised in his part of the country by the numbers of schoolchildren with English as an additional language.

I would like to say from the outset—this is the tone that hon. Members have adopted—that we should celebrate the diversity and cultural richness that result from immigration to the UK, as well as the undoubted benefits to education from having such a diverse population. Yes, there are obviously challenges, which we are debating, but we should not let this moment pass without celebrating the cultural diversity and richness that immigration has brought to this country for many hundreds of years.

The hon. Gentleman talked about the pupil premium. He described the practical challenges that the abolition of the ethnic minority achievement grant is beginning to cause in the system—the pressures that are coming about as a result of getting rid of that ring-fenced, pupil numbers-based approach to provision for pupils with English as an additional language. The grant might not have been perfect or perfectly targeted, but that does not take away from the fact that it was the right approach in principle to offer additional support based on pupil numbers and the challenges faced by schools in different parts of the country.

[Roger Mullin (Kirkcaldy and Cowdenbeath) (SNP)]

It has been interesting, given my background—I had some interest in doing educational research—that everyone has talked eloquently about the need for teachers and teachers’ development, with teachers being able to support pupils. Does the hon. Gentleman agree, however, that this goes beyond even the teaching profession? In Scotland, for example, we are blessed with a range of well-qualified speech and language therapists, many of whom have specialisms in dealing with pupils, particularly at the primary stages, who have multilingual assets. If we are going to support those pupils, we need to look beyond simply the teaching profession, at the specialists who surround it, who can give further support.

[Kevin Brennan]

I agree with the hon. Gentleman’s remarks. Of course, speech and language therapists also play a very important role in other parts of the United Kingdom. I have always believed strongly in providing services around the child, beyond the school. That was part of the children’s plan, which I was involved in drawing up under the previous Government. I recommend it to the hon. Gentleman for when he has some spare time to do some additional research, which is his background. As a researcher, he will be aware—bearing in mind some of the other comments in our debate—of Professor Steve Strand and Professor Victoria Murphy of the University of Oxford. They have done extensive research on the impact of English as an additional language in classrooms that shows that some of the lurid stories in the popular press about its having a negative impact on other children’s education are completely wrong. When we look at the evidence, we see that the contrary is the case.

The hon. Member for Peterborough made the case strongly for looking again at the need for a ring-fenced budget for EAL. I know that the Minister has a pathological dislike of anything that is ring-fenced or that directs schools to act in a particular manner, and an almost religious faith that they will always do the right thing in any circumstances, but there is a case, which the hon. Gentleman made out, to look at the matter again. I hope that the Minister will set aside his usual dislike of these things and look at it with an open mind. The hon. Gentleman quoted the Minister’s words at the end of last night’s debate. Fine words are all very well, but ultimately we have to will the means in order for a policy to have an impact. There must be a transmission mechanism for a policy to translate into action on the ground. Unless we will the means and unless the Government take a lead, the problem will continue to grow, because the budget system in place does not give an incentive or the necessary direction to ensure that resources are spent in this area.

The hon. Member for Glasgow North West (Carol Monaghan) spoke today, and I again congratulate her on her maiden speech last night. I am sorry that the early hour at which the winding-up speeches started meant that I was not able to do so with her present. That was not her fault. It was an entirely unexpected development.

[Carol Monaghan]

Actually, I was there. It was my hon. Friend the Member for Kilmarnock and Loudoun (Alan Brown) who was not. I enjoyed the hon. Gentleman’s winding-up speech.

[Kevin Brennan]

I apologise to the hon. Lady. Clearly, my memory is going if I cannot even remember what happened last evening. I do remember her very fine maiden speech and I again congratulate her on it. She pointed out today the benefits to attainment of having more than one language. I completely agree, not least as my own daughter attended a Welsh medium school and benefited greatly, as I did; my Welsh improved greatly as a result of her attendance at that school. The hon. Lady pointed out that the Gaelic language is predominant in parts of Scotland, including the constituency of her hon. Friend the Member for Na h-Eileanan an Iar (Mr MacNeil), who often reminds us of that in the main Chamber. As she pointed out, English as an additional language need be no hindrance; in fact, it can be the opposite and be of great benefit to educational attainment.

As of June 2015, 1.2 million children in England—17.2% of all pupils—had a first language other than English. Until April 2011, as we have heard, the ethnic minority achievement grant, which was set up originally in 1999, provided funding based on the numbers of children from underachieving ethnic minority groups and of pupils with English as an additional language. In 2011, that grant amounted to about £200 million of support across the country. Now, that has been absorbed into the school grant; and as ever when these things are absorbed, somehow or other some money falls from the table. Ultimately, the amount of money in the direct schools grant may or may not reflect that funding, but certainly schools can now receive additional money for pupils with English as an additional language from their local authority and school forums. School forums decide at local level whether any school receives an EAL factor to its funding because of the number of those pupils. The minimum funding from the Government in the 2015-16 school year was £466 for primary and £1,130 for secondary. That is what they have identified would need to be spent.

The problem is that there is no compulsion for local authorities to include an EAL factor in their funding, nor for the value of that to be at the minimum level or above. The Government’s funding rules stipulate that a factor can be paid only for the first three years of compulsory schooling with respect to the pupil with English as an additional language. That is an odd stipulation, given the Government’s professed desire to allow schools to decide at local level what the best thing to do is. I hope that the Minister can explain why that rule is still in place.

Academy schools, of course, receive their funding via the Education Funding Agency, which uses the same funding formula as the local authority, so funding levels for children mirror those for neighbouring maintained schools. However, there is considerable variation among local authorities when it comes to EAL funding. Under this system, if we can call it a system, there is no accountability mechanism whatever for schools’ use of that funding, which essentially means that schools are not obliged to use the funding to meet the needs of pupils with English as an additional language.

There is a very interesting report by the Education Endowment Foundation, and this is a point of agreement between me and the Minister for Schools, although with regard to last night’s debate, perhaps he should be renamed the Academies Minister, as maintained schools never get a mention or any praise whatever from the Government in speeches in the House. Perhaps he will correct that in the future. There is one point of agreement between us, which is that the Education Endowment Foundation is a very good initiative. The Government have provided support to it, and we support that provision because in a sense the foundation is the beginnings of what I talked about last night—a NICE for education, a national institute of clear evidence, as I called it.

The Education Endowment Foundation looks at the research evidence on what works in education policy. That is extremely welcome, as so much of education policy seems to be based on think-tank quackery. The foundation’s report on English as an additional language is very interesting. One of its key findings was that the attainment of pupils with English as an additional language varies widely. At the end of reception, only 44% of EAL pupils are recorded as having achieved a good level of development, compared with 54% of non-EAL pupils. The gap narrows considerably, as we would expect, by the age of 16, when 58.3% of EAL pupils achieve five A* to C GCSEs, compared with 60.9% of non-EAL pupils; by some measures, EAL pupils do better, particularly in mathematics. However, that masks, as the report interestingly points out, the huge range of outcomes within that for different groups of EAL pupils. That makes sense, because there will be a very big difference between an EAL pupil who is the son or daughter of a French banker living in London and some of the pupils whom the hon. Member for Peterborough described, who do not have the same sorts of advantages when they go to school for the first time in this country.

In addition, the report points out that certain factors determine whether pupils are significantly more likely to underachieve. One is entry to England from abroad during a key stage at school. Such EAL pupils tend to be about a year behind their non-EAL peers. Changing school during a key stage is a significant factor. The report says:

“Students joining their primary school in Y5/6 have lower achievement than those joining in Y3/4.”

Being from particular ethnic minority groups also has an impact on pupil outcomes, with a particular impact on speakers of Somali, Lingala and Lithuanian at the age of 16. The report also finds:

“Almost half of schools with a majority of EAL pupils are located outside London.”

That emphasises the hon. Gentleman’s point that we should not simply think of this as an issue affecting London. The report also points out:

“High proportions of EAL pupils in a school do not have a negative impact on the attainment and progress of other pupils.”

It is useful to have research evidence, and the other evidence I quoted earlier, confirming that that myth is incorrect.

[Carol Monaghan]

The hon. Gentleman says that the presence of a high proportion of EAL pupils does not have a negative impact on other pupils, but my experience is that it has an extremely positive impact on other pupils. In fact, the presence of such pupils in their class gives other students something to aim for because they can see a different way of working, which is a huge advantage.

[Kevin Brennan]

That is my experience, but I am quoting the academic research to get us into the habit of using evidence to make education policy, which is something that has disappeared in recent years. The Education Endowment Foundation report backs up the research I quoted earlier from the University of Oxford. It says:

“the percentage of EAL students in the school had minimal association with student attainment or progress when controls for student background were included.”

EAL students obviously bring richness and cultural diversity, and they do so without affecting attainment.

As a result of its research, the Education Endowment Foundation makes certain recommendations. The Minister will be intimately aware of the details of the research, being briefed so well by his excellent civil servants and, as he is likely to have a bit of time, I hope that he will respond to those recommendations. The first recommendation is that schools should be accountable for showing attainment impact. It says:

“Schools should be held accountable for how their EAL funding contributes to improving pupil attainment”.

Schools are held accountable for the pupil premium in the same way, as the hon. Member for Peterborough said earlier. If schools are to be held accountable for how they spend the pupil premium, surely there should be a way to hold them accountable for how they use public money provided for the specific purpose of helping pupils with English as an additional language. Even if schools are not told exactly how many pennies they have to spend in their particular location, surely there should be some way in which they can be held accountable for whether they are doing what that public money is intended for. The recommendation continues:

“Although the report finds that where EAL pupils have attended English schools for the whole of a key stage they make greater progress than non-EAL pupils, and indeed that by age 16 they have caught up…this reflects a long history of considerable additional funding being directed to address language learning needs.”

Considerable under-attainment by specific groups might be masked by that general finding, so the Government need to listen to that recommendation.

The report’s second recommendation clearly follows from the first. It is that:

“EAL funding should be targeted at those most at risk of under-attainment.”

Again, the problem is that the current definition of EAL does not reflect a student’s proficiency in the English language or their exposure to it at home. Schools need to hone how they identify the language and learning needs of children within the EAL category to ensure that funds are targeted at those who most need them, and the Government should do the same because they are able to identify those parts of the country where that is a particular problem. The Minister should reflect on that and consider what action should be taken.

Obviously, the three-year cap on the availability of additional support might be more than some pupils need because of the factors associated with how proficient they are likely to become in the English language, including their home life and background, whereas other pupils are likely to need considerably more than three years. The research evidence clearly shows that it will take longer than the three years of allocated funding for some pupils, which is why I do not understand the Government’s rigidity about the three-year rule when, philosophically, they seem to be in favour of being more flexible about funding. There is a strong case for additional funding to be made available to schools with such EAL pupils to ensure that they are able to achieve their full potential. Professor Strand’s report states:

“Fluency in English is…the biggest factor influencing the degree of support an individual student will require, and schools need to be able to assess this need accurately using their own procedures and expertise.”

The third major finding of the Education Endowment Foundation report is that:

“More research is needed into the best strategies to improve outcomes for EAL pupils… there is a lack of robust research evidence on effective approaches and interventions to raise the attainment of EAL pupils. There were no…randomised controlled trials or studies where the effectiveness of the intervention was evaluated by an independent review team.”

More research certainly needs to be done, and I hope that the Minister will tell us his view on that. Is the Department helping to facilitate, undertake or fund research to ensure that such public resources as are being allocated to this are getting to the right pupils and are having the correct impact?

[Mr Jackson]

I have no wish to be disobliging towards the hon. Gentleman, but he says that there is not enough research into the impact of EAL on educational attainment, yet earlier he blithely agreed with the hon. Member for Glasgow North West (Carol Monaghan) that EAL pupils, of themselves, are a good thing vis-à-vis the educational attainment of non-EAL children. He cannot have it both ways. Either there is robust, empirical evidence to support the former or he is right on the latter. It cannot be both.

[Kevin Brennan]

The hon. Gentleman is never disobliging. I will examine the record very carefully. I think what I have said throughout this debate has been internally consistent, but I will check my earlier comments in case I have contradicted myself. If I have done so, I will give myself a good talking to later on, but I think I have been consistent in saying that such research as there is indicates that EAL pupils do not have a negative impact on others in the classroom. The third conclusion, which he attributed to me but is actually the conclusion of the Education Endowment Foundation—a body funded by the Government to provide us with such research—is that more research is needed into the best strategies to improve outcomes for pupils with EAL.

What assessment have the Government made of the disparities in EAL pupil achievement, and what are they doing to help such at-risk children? What are the Government doing to address the facts that EAL pupils entering school in years 5 and 6 do not achieve as well as EAL pupils entering school in years 3 and 4, and that children entering school from abroad during a key stage are, on average, 12 months behind their non-EAL peers? What are the Government doing to encourage and support better research into these issues, which affect more than 1 million children? Will the Government consider more generally the impact of bilingual education? The hon. Member for Glasgow North West mentioned the experience from across the United Kingdom. There is obviously experience in Scotland and Wales, and there are the beginnings of such education in Northern Ireland, too. Given the Minister’s support for free schools and so on, is he still rigidly opposed to bilingualism in schools? That has been the Government’s position until now, but I understand that that opposition may be decreasing, provided that it is one of their favoured free schools advocating bilingual education. What is the Government’s current position on bilingual education, and has it changed?

[Mr Philip Hollobone (in the Chair)]

Before I call the Minister, I gently remind him that under the new rules, Mr Jackson gets a second go, so will he be kind enough to conclude his remarks no later than 10.57 am.

[The Minister for Schools (Mr Nick Gibb)]

I am grateful for that guidance, Mr Hollobone. It is a pleasure to serve again under you, although even your powerful chairmanship was unable to stop a disembodied voice from engaging in our debate; I will be interested to see how Hansard reports an unelected person taking part. I congratulate my hon. Friend the Member for Peterborough (Mr Jackson) on securing this important debate and on his excellent speech. As always, he campaigns effectively and argues coherently and persuasively for the interests of his constituency and constituents.

The Government are committed to social justice, as my hon. Friend, who supports and campaigns for it himself, acknowledges. That means that we want all pupils to achieve their full potential, including those with English as an additional language. However, I understand the challenges faced by local authorities such as Peterborough in delivering that objective.

The definition of English as an additional language is broad. It reflects pupils’ exposure to a language other than English at home, but it gives no indication of their proficiency in English. Some may use English as their everyday language and be fluent in it, while others may be new to Britain and speak very little English. The percentage of pupils in England recorded as having English as an additional language more than doubled between 1997 and 2013, from 7.6% to 16.2%, with enormous variation across the country. In the south-west, only 6% of pupils have EAL, compared with 56% in inner London.

There is also a great deal of variation between individual schools. At more than half of schools, fewer than 5% of pupils have EAL, but 8% of schools have a majority of such pupils. The evidence shows, as other hon. Members have said, that although pupils with EAL face disadvantages early in their school careers, they are not at a significant long-term disadvantage on average. Again, however, attainment levels vary. As the hon. Member for Glasgow North West (Carol Monaghan) pointed out, swift on the heels of her excellent maiden speech last night, learning two or three languages aids educational attainment—not just in languages, but in other subjects too. We must ensure that we support all children to achieve their full potential and overcome barriers to success, whatever those barriers are. We must also recognise that some communities with high numbers of pupils with EAL face particular challenges. I welcome my hon. Friend’s focus on the issue.

At the beginning of schooling, the average performance of pupils who speak English as a second language is significantly lower than the average for all pupils, but it significantly improves by the end of key stage 4. The latest data show that about 67% of EAL pupils achieved five or more good GCSE grades A* to C, compared with about 66% of all pupils. There are examples of local authorities with very high proportions of EAL pupils that perform well against national averages for attainment. In Newham, for example, where 76% of pupils at KS2 have EAL, 83% of pupils achieved the expected levels in reading, writing and maths at that stage. That exceeds the national average of 79% for all KS2 pupils. In fact, in 2013-14, of the 18 local authorities where more than half of pupils at key stage 2 had EAL, all but two had attainment levels above the national average for all pupils.

I remember visiting Fulbridge academy in 2011; I have remembered it ever since. I was struck by the fact that it was the first school that I had visited that year where all the primary school pupils whom I tested on their multiplication tables knew them. The rate has increased steadily over the years since then, but I was struck by that particular primary school visit, and I am grateful to my hon. Friend the Member for Peterborough for taking me there.

Unfortunately, EAL pupils do not perform that well across the whole country. Although 79% of EAL pupils in Westminster achieve five or more good GCSE grades A* to C, only 50% of EAL pupils in Bradford achieve the same. The disparity in the quality of education available to pupils in different parts of the country has driven us to reform the school system. We have taken steps to ensure that every child, regardless of their particular needs or background, has a greater opportunity of attaining well at school than before 2010. There are now more than 1 million more pupils in good or outstanding schools. We have intervened in more than 1,000 weak and failing schools and are delivering improvements in performance by matching them with academy sponsors. Those academies have transformed the life chances of thousands of pupils.

King Solomon academy is one example. It is an all-through school sponsored by Ark Schools. More than half the pupils are eligible for free school meals, and 65% do not have English as a first language. In its report last year, Ofsted found the school to be outstanding, stating:

“Achievement is outstanding at all key stages. All groups of pupils, including those who have special educational needs, make excellent progress. The academy is working to provide even greater challenge to the most-able pupils.”

[Kevin Brennan]

I join the Minister in congratulating the academy on that achievement. Can he bring himself, for once, to praise a maintained school that has improved its performance?

[Mr Gibb]

Yes. There are many examples of maintained schools that have also improved their standards.

[Kevin Brennan]

Could the Minister name them?

[Mr Gibb]

I will come to that in my own good time. We are unapologetic about taking Labour policy by turning underperforming schools into sponsored academies. What I cannot understand is the ambiguity of Labour’s current position on the academies programme. It has proven highly effective in raising standards, and all we hear from the Labour party is carping and criticism of the policy, which began life under Lord Adonis during the last Labour Government.

[Kevin Brennan]

The Minister cannot bring himself to praise a single maintained school.

[Mr Gibb]

There are many maintained schools. I hesitate because 60% of secondary schools are now academies, so schools that I remember as maintained schools may well have converted. Good and outstanding schools throughout the country are rushing to convert to academy status. Many of them performed extremely well as maintained schools run by local authorities, and they are performing well now as academies.

Education and Adoption Bill

Kevin Brennan Excerpts

Monday 22nd June 2015 Commons Chamber

[Nicky Morgan]

I will, of course, adhere to that restriction, Madam Deputy Speaker, and take only a limited number of interventions.

For the second time in a week, I agree with the hon. Member for Denton and Reddish (Andrew Gwynne). I will talk about coasting schools in a moment, because they form an important part of the Bill. He is right that this is not just about tackling failure, but about stretching the most able and ensuring that all children make the progress that they are more than capable of.

I was talking about examples of failing academies. Thetford academy was put in special measures in March 2013. The Department replaced the sponsors and brought in the Inspiration Trust, which took the school on in July 2013. The results in the next academic year showed that the number of students achieving five GCSEs at grades A* to C, including English and maths, rose by 10 percentage points. A few months later, in December 2014, Ofsted judged Thetford to be “good with outstanding leadership”. The report described the school as “transformed beyond recognition” and said that the trust’s leadership and support had created a

“strong culture where only the best is good enough.”

That is why the Opposition’s amendment is without merit. I suspect that the shadow Secretary of State knows that himself, but having failed to identify sufficient Members of Parliament to support either him or the hon. Member for Leicester West (Liz Kendall) to stand for the party leadership, he knows he has to take up the aggressive anti-choice, anti-academy rhetoric of some Opposition Members and their union paymasters.

Let me deal now with coasting schools, as I was asked to do by the hon. Member for Denton and Reddish. Alongside strengthening powers to intervene in failing schools, the Bill provides for the first time measures to tackle coasting schools. As the Prime Minister so clearly put it, “just good enough” should not be enough for anyone’s child. How we will define coasting schools has already generated considerable interest. I welcome the level of engagement from this House and outside it. To support the Bill’s passage, we will ensure that draft regulations on the definition of coasting are available in Committee for Parliament to scrutinise.

Let me set out the principles that will inform the definition. First, I want to make it clear that the definition will be based on pupil performance data and not on a single Ofsted judgment. Where a school is judged to require improvement by Ofsted, it will not automatically fall within the coasting definition. Secondly, the definition will take into account the progress pupils make—whether they achieve their potential based on their starting point and whether, as we discussed, the brightest are being stretched and the less able properly supported. Finally, the definition will be based on performance over three years, identifying schools that have been coasting over a period of time, rather than through a single set of results.

I emphasise that the Bill does not propose any automatic interventions for coasting schools. Coasting schools will be eligible for intervention, but regional schools commissioners will have the discretion to decide the most appropriate course of action. Some coasting schools may have the capacity to improve sufficiently and, where that is the case, they should be given the opportunity to get on with it, without distraction.

Other coasting schools may require additional support and challenge from a national leader of education or a strong local school. By creating this new category of coasting schools, regional schools commissioners will have the power to pair those schools that need to improve with educational experts who can help them along the way. When—and only when—a coasting school has no credible plan or is not improving sufficiently, it is right that regional schools commissioners are able to instigate academy conversion to ensure that pupils and parents get the world-class education they deserve.

[Kevin Brennan (Cardiff West) (Lab)]

Will the Secretary of State give way?

[Nicky Morgan]

No, I am going to make some progress. The hon. Gentleman will have a chance to make his point, both at the end of this debate and in Committee.

I would like to emphasise the continuing role we expect local authorities to play, alongside regional schools commissioners, in challenging their schools to improve. Local authorities should take swift and effective action when failure occurs in a maintained school, using the powers they already have to issue warning notices, and replace governing bodies wherever necessary. Last year, 90 warning notices were issued by local authorities, but we know that some local authorities have never used their powers. That is why the Bill proposes to give the same warning notice powers to regional schools commissioners. Such notices will give a school the opportunity to tackle the concerns in the first instance, or face necessary intervention where serious concerns remain.

[Kevin Brennan]

rose—

[Nicky Morgan]

I am not giving way to the hon. Gentleman, because he will have a chance to tell his hon. Friend the shadow Secretary of State what he would like him to ask.

Our expectation is that local authorities should work alongside regional schools commissioners to prioritise the schools in greatest need and decide the most appropriate powers to deploy in each case. The education measures in the Bill are about ensuring all children have the same chance to fulfil their potential, expanding opportunities and bringing real social justice to our country.

Let me deal with the part of the Bill that concerns adoption. During the previous Parliament, the Government took decisive action—[Interruption.] It is a great shame that some Opposition Members—and certainly Opposition Front-Bench Members—do not want to listen to what I am saying about an important part of the Bill that deals with adoption. Opposition Back-Bench Members are listening to what I am saying about the important provisions on adoption.

During the previous Parliament, the Government took decisive action to reform an adoption system that was too bureaucratic and time-consuming, leaving children waiting for far too long or causing them to miss out on being adopted altogether. To drive improvements, we have established the National Adoption Leadership Board, chaired by Sir Martin Narey; given £200 million to local authorities through the adoption reform grant; invested a further £17 million in the voluntary adoption sector; and launched a £19.3 million adoption support fund to provide therapeutic support to adopted children and their families.

The numbers prove that those reforms are working. Adoptions have increased by 63% in the past three years, from just over 3,000 in 2011 to more than 5,000 in 2014. Children are also spending less time waiting to be adopted, with the average time between coming into care and being placed with a family down by nearly four months. Those are achievements to be proud of.

The current system is not working as well as it could, however. It is still highly fragmented, with about 180 different adoption agencies, many of which operate on a very small scale.

--- Later in debate ---

[Bill Esterson (Sefton Central) (Lab)]

The hon. Member for Faversham and Mid Kent (Helen Whately) mentioned the freedoms that academies enjoy and, undoubtedly, the academies legislation provides for additional freedoms. But most of the freedoms that heads in academies have used could have been used when the school was maintained. That was the finding from the evidence that the Education Committee took. The legislation has not led to wholesale change in how such freedoms are used.

Several hon. Members have talked about coasting schools, which is one of the issues of greatest contention in the Bill. The Education Committee looked at the issue of coasting schools, and we found that schools that were doing well—with a good or even an outstanding Ofsted grading—were not necessarily doing the best by their students. A coasting school can be doing very well, but should be doing better, and the difficulty for Opposition Members is understanding exactly what is meant by “coasting”. Is the Secretary of State targeting schools that are already doing well but should be doing better, or is she looking at schools that are perhaps not doing so well by their children? The definition needs to be addressed in Committee.

What should we be looking at today on Second Reading? I would hope that any proposed legislation on education would consider how education can deliver long-term prosperity and success for our young people and for our economy. Education is a critical factor, if not the critical factor, in determining how well young people are prepared for the wider world, in particular the world of work. Employers look to us to deliver an education system where young people can turn up at work and be ready to get going and to contribute, yet throughout the five years of the previous Parliament the Education Committee heard again and again from employers that far too often that is not happening. Young people are not coming out of school prepared for the world of work. Work experience is one example of where things have gone backwards in the past five years.

The Select Committee produced a number of inquiries. On more than one occasion, it came up with evidence which has been mentioned by many Members: the most important factor in providing great education is the quality of teachers, in particular head teachers. That came up in the inquiry into great teachers, but was repeated again and again in the past five years. What is happening in the world of education to deliver great teachers? The education element of the Bill looks at making academisation easier, but it has nothing to say on the quality of teaching. That is a great pity.

It has been suggested by many that the Government want all schools to become academies. Given that the term “coasting schools” is so broadly defined, it occurs to me to ask whether that is really what the Government are trying to do. By failing to define it, are they saying that they want all schools to become academies, without being quite so bold as to actually state that? If that is the intention, Ministers really ought to say so. Perhaps the Minister, in winding up, will confirm whether that is what he wants to do. From what he has said in the past, I think that is his intention.

[Kevin Brennan]

On that point, I wonder whether my hon. Friend saw recently in Tatler—I am sure he is an avid reader—the comments of the headteacher of Wymondham College in Norfolk, Mr Melvyn Roffe? He said that he had been told becoming an academy would mean more freedom and autonomy, but what happened was the reverse. He said:

“We have had more control from central government rather than local government…I don’t believe he”—

referring to the former Education Secretary, the Lord Chancellor and Secretary of State for Justice, the right hon. Member for Surrey Heath (Michael Gove)—

“intended academy status to reduce autonomy. I wish he had the courage to say there are schools doing a good job and they should be allowed to do a good job.”

He regrets the college becoming an academy, so it is not always the case that heads welcome it.

--- Later in debate ---

[Mrs Flick Drummond (Portsmouth South) (Con)]

I congratulate all those who have made their maiden speeches today, in particular my hon. Friend the Member for Telford (Lucy Allan), whose powerful speech made a big impact on me. I would have liked to talk about adoption, but I will concentrate on schools today.

I welcome the new categorisation of coasting schools. Having worked as a lay Ofsted inspector, I know exactly what those sort of schools look like: schools that are not stretching every child and are happy to just reach the minimum level. I have been rung up by parents asking me why their very nice primary school has been classified as inadequate, and why their great teachers were not doing as well as they thought they were. Schools would be classified as inadequate because bright children were getting level 4 rather than level 6, and other children were getting level 3 when they should have been getting level 4. It is these schools that have been classified as inadequate. They were not failing their children completely, but they were coasting and not doing a good job.

[Kevin Brennan]

The hon. Lady, a former lay inspector, raises a very interesting point. When she was inspecting a school, would she have been able to give it a good or outstanding rating, but still find it to be coasting?

[Mrs Drummond]

No, under the old system it would be a failing school if it was coasting. Nowadays, it would be seen as an inadequate school. In terms of terminology, coasting is much more acceptable to parents, teachers and schools. A school cannot be said to be inadequate when children are still learning to read, write and do mathematics but are not doing as well as they should be doing. That is how I see a coasting school, but I know we are going to develop this. I have some concerns about how coasting schools will be evaluated. The Secretary of State said that they would be evaluated on the basis of more data, but I should like that evaluation to be widened slightly to include Ofsted inspections. Perhaps there could be mini-inspections to ensure that all the data were available.

Let me give an example. We consider the school of which I am a governor to be a rapidly improving school, but its current level is “requires improvement”, and the local authority sent us a warning letter last year because we had missed the overall target by just 1%. It was the maths that had let us down. However, the children have made very good progress throughout their time at the school.

Nearly all the children arrive at a level that is well below the average, and a large number are eligible for free school meals. Last year we had several level 6 results, and many level 5s. One reason for our not achieving higher results was the fact that children covered by our autism provision were included in the results. Children with special educational needs find tests very stressful, and often do not meet national standards in any event. I should like to see much more provision for such children, whether they are included in the overall results or treated differently. I should also like to see a completely different system of assessing, in particular, children with autism. Other children arrived during the school year speaking English as a foreign language, and it is difficult for teachers to raise such children to national standards. I should like to see a much more holistic approach to the categorisation of schools.

There is a new curriculum and assessment system, and schools are still settling down and working out how the new levels—exceeding expectation, at expectation or below expectation—will operate. The Department needs to help schools with those new levels, which are still quite confusing as schools develop their own methodologies. It is right for them to be able to do that, but no clear national guidelines have been provided. The results of school evaluations often hide the true picture, and I ask the Secretary of State to ensure that they are fair.

I agree that schools must become academies if their local authorities are weak. Portsmouth City Council was deemed to be the sixth worst authority in the country in this context, and during the 10 years the Liberal Democrats were in control, there was very little political will to improve educational standards. That has begun to change over the past year, under the new Conservative administration.

In many instances, when Portsmouth schools have become academies, children’s education has improved. I mentioned the Charter Academy in my maiden speech. In five years, its GCSE pass rate has risen from 3% to 85%. The local authority wanted to shut down the school, which is in an area of great deprivation, but fortunately the old head teacher saw its potential and brought in Ark Schools, which I consider to be one of the pinnacles of academy provision. I am pleased to learn that it has recently taken on some primary schools in Portsmouth as well. I recently visited Ark Ayrton with my hon. Friend the Minister for Schools. The head teacher of the primary school that it took over was extremely reluctant to allow the school to become an academy, but was forced to do so. She now says that it was the best thing that she could have done, that she wishes that she had done it a long time ago, and that she is receiving incredible support from Ark. Ark Dickens has taken over another school in my constituency—again, in an area of great deprivation—and I look forward to seeing a difference in children’s education there.

I have spoken before, outside the House, about the poor performance of my local authority. I agree with the National Union of Teachers that it should be the job of local authorities to assist schools, but where they are failing, we need an alternative, and free schools are providing that alternative. I am grateful to academies for giving some of the children in Portsmouth the education that they deserve, along with aspiration and the tools that will enable them to realise their ambitions.

--- Later in debate ---

[Suella Fernandes (Fareham) (Con)]

I am pleased to follow the hon. Member for Brentford and Isleworth (Ruth Cadbury) and I congratulate hon. Friends and hon. Members on excellent maiden speeches.

Aspiration is today’s buzzword. The reason why the Conservatives won the election was that we embodied the real sentiment of that word. What does aspiration mean? For me, our education reforms are the engine of aspiration and tackle social inequality at its root cause. Our one nation party says to every child that it does not matter where they start; they can get ahead through self-empowerment, taking responsibility and hard work. Nowhere do those values ring more loudly than in our schools and in this Bill.

In 2010, after 13 years of a Labour Government supposedly supporting education, two in five 16-year-olds left school functionally illiterate or innumerate. In a country where we have some of the best schools in the world, that is a shocking disgrace. It is therefore just and essential that the Government have powers to intervene in failing and coasting schools, and those powers are enabled in this Bill. We all know what coasting schools are. They are schools in affluent areas where there is no incentive to achieve beyond a C, D or borderline pass. One reason why I am so proud to support this Bill is that we are the only party—

[Kevin Brennan]

rose—

[Suella Fernandes]

I wish to make progress. We are the only party that is courageous enough to talk honestly about failing schools. We have done that in the past by giving people, volunteers, teachers and parents a say in the solution.

[Suella Fernandes]

I will not give way. Teachers are wonderful, but endemic weaknesses in the system stop our children getting the best. I have seen at first hand how our reforms have addressed the problem.

[Kevin Brennan]

Will the hon. Lady give way on that point?

[Suella Fernandes]

No, I will not. I teamed up with a group of teachers to set up a free school in Wembley, my home town. Led by Katherine Birbalsingh, an inspiring headteacher, the school has some of the best staff in the country. As chairman of the board of governors, I can say that our aim is simple: to bring excellence and a private school quality to the inner city. I grew up in the area, and attended a state school at the beginning of my education. Teachers went on strike, discipline was poor and expectations were low. After designing the vision of a knowledge-based curriculum, we secured approval and Government funding.

[Kevin Brennan]

I am grateful to the hon. Lady for giving way; she is being very generous. Earlier in her remarks, she said that everyone knows what a coasting school looks like. Would she care to name for us the coasting schools in her constituency?

[Suella Fernandes]

I will not name any schools, but I have adequately defined the features and the hallmarks of coasting schools. It is clear that further guidance will be forthcoming.

After designing the vision of a knowledge-based curriculum for the free school in which I was involved, we secured approval and funding from the Government. We recruited staff and found a building. I am proud to say that Michaela Community School opened its doors last September to 120 12-year-olds and it is transforming their lives. Many of the children come from neighbouring council estates or areas such as Harlesden and Willesden. They have the chance to aim high because of inspired and innovative teaching. If one walks through the corridors, one can hear a pin drop, because pupils are quietly learning in their classrooms. I invite Members here to join them for lunch and they will see how polite they are. If they take a bus in the area, they will spot them by their impeccable uniform. Whether it is the practice of appreciation at lunchtime or the rigorous learning, Michaela Community School has been made possible only because teachers have been set free to teach and set high expectations. It was teachers, not the state, who saw a need and took action.

--- Later in debate ---

[Kevin Brennan (Cardiff West) (Lab)]

It is an early hour for me to be speaking in such a debate, but I am pleased to have the opportunity to respond on behalf of the Labour Opposition to the Bill.

We have had a very good debate and a great number of contributions—in the end, we had, I think, 30 contributions from the Back Benches. We heard from the right hon. Member for Meriden (Mrs Spelman), and the hon. Member for Glasgow North West (Carol Monaghan), who is in her place, made her maiden speech. I join those who have congratulated her on it. She told us that, prior to coming to the House, she had been a physics teacher, and had then decided to retrain as a stonemason. She offered her services to the House in the massive refurbishment that is likely to have to take place in years to come. I have to tell her—she may be disappointed—that, if she is not engaged by the House of Commons as a stonemason, unfortunately the Labour party will not be in need of the services of a stonemason for the foreseeable future, and probably never in the future will we need her services. I congratulate her on her maiden speech, which was extremely effective and fluent. I hope she makes many more such contributions during her time in the House.

We heard contributions from the hon. Member for Stroud (Neil Carmichael) and from my right hon. Friend the Member for Tottenham (Mr Lammy), and a maiden speech from the hon. Member for Kingston and Surbiton (James Berry), who is not yet back in his place. I am sure messages are being sent to hon. Members in the various corners of the building and that they are working very hard to return for the winding-up speeches.

The hon. Gentleman’s maiden speech was very fluent. He reminded us that he is not the only Berry in the House. [Interruption.] I welcome him back to his place. Before he arrived, I was just saying how much the House enjoyed his maiden speech, which I congratulate him on. I understand the problem he has been encountering with his parliamentary mail as a result of not being the only Berry in the House. My right hon. Friend the Member for Rother Valley (Kevin Barron) and I share similar but not exactly identical names. On new year’s eve a couple of years ago, I was very briefly knighted by the Daily Mail online as a result of the similarities of our names. I had to explain that I was more shovelry than chivalry, and that the knighthood probably was not intended for me.

We also had a speech from my hon. Friend the Member for Denton and Reddish (Andrew Gwynne), who movingly told us about the GCSE English teacher who made a great contribution to his life and future prospects. My hon. Friend is right: it is the quality of teaching that counts, so research shows, more than the quality of or the differences between schools. It is the difference between teachers in schools that is even more important, and we should all seek to raise the standing and quality of the teaching workforce. As a former teacher, I often meet ex-pupils in all sorts of places. They have not yet made any complaints, but I doubt that I would ever get as great an endorsement as the one my hon. Friend gave to his English teacher. I am sure that he will be very proud of the mention he got in the House.

We had speeches from the hon. Member for South West Devon (Mr Streeter), who spoke about adoption; from the hon. Member for Kilmarnock and Loudoun (Alan Brown); and from the hon. Member for Hazel Grove (William Wragg), who also told us that he was a former teacher and brought his expertise to the debate. I was going to say “Llongyfarchiadau” to the hon. Member for Dwyfor Meirionnydd (Liz Saville Roberts), but she is not yet back in her place—that is not her fault because the wind-up speeches started early. She made an impressive maiden speech and I congratulate her on it. I also congratulate her on her mastery of the Welsh language for someone who was born in London. It is far greater than mine, even though I was born in Wales.

We also had a maiden speech from the hon. Member for Thornbury and Yate (Luke Hall), and he told us of his experience in the retail sector. We have that in common, as I was once a Saturday boy in Marks and Spencer, as well as a warehouse cleaner in Fine Fare, at 48.5p an hour, which shows how long ago it was—long before the Labour Government brought in the minimum wage.

We heard from my hon. Friend the Member for York Central (Rachael Maskell), although I must correct her slightly. She referred several times to the Bill as “draft legislation”. It is understandable why, as a new Member, she might think it is a draft Bill, and many hon. Members have pointed out that it has the lack of quality of a draft Bill, but it is the actual Bill. This is what the Government have introduced, and they are asking us to give it a Second Reading. I am not surprised that she has decided not to support it tonight, given that in her eyes it is only a draft Bill.

We had a contribution from the hon. Member for Mid Dorset and North Poole (Michael Tomlinson)—I am glad to see him in his place—who told us that his wife struggles to get our proceedings on broadband in his constituency, so that she can watch his speeches. I recommend the BBC Parliament channel, where his wife could join dozens of other viewers in enjoying our proceedings. [Laughter.]

My hon. Friend the Member for South Shields (Mrs Lewell-Buck) spoke passionately and with great knowledge about adoption. We heard from the hon. Member for Telford (Lucy Allan), who is not yet in her place. I am sure she will be with us shortly. We heard a very fine speech from my hon. Friend the Member for Walsall South (Valerie Vaz), who put her finger on the shortfalls in the Bill. In particular, she emphasised its illiberality, and I will return to that issue later.

We had contributions from the hon. Member for Faversham and Mid Kent (Helen Whately) and from my hon. Friend the Member for Sefton Central (Bill Esterson), who brought his great experience from the Education Committee, and pointed out that the Bill does not seem to be based on the Committee reports published earlier this year.

The hon. Member for Portsmouth South (Mrs Drummond), who is in her place, told us that she had been a lay inspector, and I very much welcome the expertise she brought to the debate. In responding to my intervention, she showed the difficulty with the vagueness of the definition of coasting. She seemed to suggest that only inadequate schools could be deemed to be coasting. Obviously, there is a lot more we need to tease out in Committee on what exactly the Government’s thinking is on this matter. A lot of hon. Members seemed to suggest that they knew what a coasting school was, but there seemed to be very different interpretations of that.

My hon. Friend the Member for Islwyn (Chris Evans) spoke passionately about the importance of education and in particular the quality of teaching, and we heard from the hon. and learned Member for South East Cambridgeshire (Lucy Frazer). My hon. Friend the Member for Brentford and Isleworth (Ruth Cadbury) emphasised that the Bill is deficient in not dealing with the key issue of teacher shortages, which we predict will be a problem in the next few years. The hon. Member for Fareham (Suella Fernandes) made a very fine speech, as did my hon. Friend the Member for Hove (Peter Kyle), who spoke passionately about schools in his constituency and the need for all of us to be passionate about school improvement.

We had a contribution from my hon. Friend the Member for City of Chester (Christian Matheson). My hon. Friend the Member for Ilford North (Wes Streeting) made a brilliant speech and put his finger right on the problems in the Bill and why it is not worthy to be placed in front of the House of Commons. We had contributions from the hon. Member for Congleton (Fiona Bruce) and my hon. Friend the Member for Norwich South (Clive Lewis). He took the trouble to congratulate all hon. Members who have made their maiden speeches by saying: “It’s a lovely feeling when you’ve nailed it—I know what it’s like.” He did not add, “even if I say so myself.” He raised extremely important and powerful points about conflicts of interest and the use of public funds and public resources. I am sure we will hear more about that in the weeks to come.

We had a very fine speech from my hon. Friend the Member for Sheffield, Heeley (Louise Haigh). There were contributions from my hon. Friend the Member for Cambridge (Daniel Zeichner), who spoke extremely well about schools in his constituency, and from my hon. Friend the Member for Edmonton (Kate Osamor). There were 30 contributions in all from the Back Benches and it was an excellent debate.

[Mrs Anne-Marie Trevelyan (Berwick-upon-Tweed) (Con)]

Fairer funding is vital to my area. Do the hon. Gentleman and the Labour party back the F40 fairer funding campaign that is so key to my constituents in Northumberland?

[Kevin Brennan]

I recommend to the hon. Lady the very good debate we had on this matter in Westminster Hall just before the end of the previous Parliament. I spoke for the Opposition and said we absolutely support fairer funding. If she would like to consult that debate—it is not the subject under discussion today—she will see our position in more detail.

We have had a very good debate. I will deal principally with the education part of the Bill, as my hon. Friend the Member for Stoke-on-Trent Central (Tristram Hunt) dealt with the clauses on adoption, but there are a few points in relation to adoption that I would like to put on the record. I understand that the solution put forward in the Bill is extremely similar to the one the Government withdrew last year when the measures were put in front of the House of Lords. If I am wrong about that, I am sure the Minister will correct us in Committee, but it does seem that this is perhaps a second bite of the cherry. We will be interested to know from Ministers, if that is the case, why they have come back with this having withdrawn similar proposals extremely recently.

We are concerned about the impact on small specialist agencies and we are also worried about those children who may not be suitable for adoption. I am disappointed that the Bill has so little to say about special guardianship, kinship care, grandparents and long-term fostering. We will want to take up those issues in Committee.



I hope that Members on both sides of the House agree that, fundamentally, all of us—heads, teachers, support staff, governors, parents and even politicians—want the best for our children. I was going to say “politicians, and even parents”, because parents’ rights have been rubbed out by the Bill, but I decided against that in favour of trying to try to establish a point of consensus at the outset of my speech. If all of us want the best for our children, however, why do the Government consistently pursue paths that are not based on evidence of what is best for our children’s education? We have reached an extraordinary state of affairs. A Bill that was cobbled together during the two weeks after the election has been presented as if it were the answer to all the educational problems in the country, although it patently is not. As the Education Committee said earlier this year,

“the Government should stop exaggerating”.

The Bill has been so rushed and so inadequately drafted that it does not even provide a definition of its central term. Its first clause, on page 1, permits intervention in “Coasting schools”. We agree with the proposition that everyone should seek to tackle underperformance in schools, even schools that may be superficially performing well. Indeed, we championed it in government through, for example, the London Challenge and national challenge programmes. We introduced sponsored academies because we saw them as one way in which entrenched under- performance could be tackled, although not the only way. However, the Government have included the word “coasting” in the Bill without being able to tell anyone what it means. They have not been able to supply draft regulations to explain it in time for this debate, and I understand that they have now announced, through the usual channels, that they will not be able to supply such regulations in time for the start of the Committee stage. Perhaps we should rename this the Adoption and Education Bill, given that Ministers will have to deal with it back to front in Committee owing to their inability to provide a definition of “coasting” in time.

This is no way in which to make law that affects the education of millions of children throughout the country. A Bill should not be introduced when the Government cannot even explain or give a definition of its central term. I am reminded of a scene in the film “The Wrong Trousers”, starring Wallace and Gromit, when Gromit has to lay the track when the train is already racing along apace. If the Government cannot define “coasting” at the point when we are debating the Bill in the Chamber, they obviously deserve their own “inadequate” rating.

Why does the Bill have nothing to say about academies? Everyone who is involved in education knows that a school is a school, and that its success is built not on the nameplate on the sign outside, but on the quality of the leadership and teaching within. If the answer to turning around a failing school is always to make it an academy, what is the answer to turning around a failing academy? As the Secretary of State acknowledged recently, there are many of them—145, at the latest count—including IES Breckland, which is managed by a for-profit provider, and which has been deemed inadequate for more than a year without its sponsor being removed. So much for the right hon. Lady’s statement that

“a day spent in special measures is a day too long where a child’s education is concerned.”

That is not the case, it would seem, when the child attends an academy that is run by a favoured foreign edu-business. A fundamental flaw at the heart of the Government’s approach is that they do not even entertain that question in the Bill.

Why do the Government not listen to the Conservative councillor David Simmonds, the chairman of the Local Government Association’s children and young people board? He recently said:

“Hundreds of schools, often in disadvantaged areas, are being turned around thanks to the intervention of local councils.

It’s clear that strong leadership, outstanding classroom teaching and effective support staff and governors are the crucial factors in transforming standards in struggling schools.

We want to see bureaucratic barriers that have for a long time prevented councils from intervening swept away…We need to ensure that we focus our resources on ensuring there are enough outstanding school leaders, rather than on structures and legal status, as it is this which makes the difference we all want to see.”

That sounds to me like common sense from a Conservative councillor at the sharp end trying to deliver a quality local education, rather than the proclamations of remote Conservative Ministers who take their cue from right-wing think tanks and policy wonks with an ideological axe to grind.

[Catherine West]

Does my hon. Friend agree that Councillor Simmonds has also added to the debate about school places, particularly in London, where he is a representative? So many parents raise with us daily, in surgeries and emails, their worries about their three and four-year-olds. Indeed, we also need to be predicting that when they turn 13 there will be a secondary school crisis.

[Kevin Brennan]

I agree with that and say to my hon. Friend that teacher recruitment and the problem she raises are serious lacunas in the Bill.

The comments I cited sound like common sense from a Conservative councillor because this Bill is not only severely undercooked, but breathtakingly illiberal and in direct opposition to the Government’s professed desire to devolve power to communities. Let us be clear about this: the Bill seeks not only to extend the power of the state, as exercised by the Secretary of State, who is not even listening, to impose its will locally, but to remove the ability of local communities to object to, or even to make representations against, the exercise of that state power. We can see that she does not like to listen because she will not listen to local communities or even to the debate in this House. It is said that power corrupts and absolute power corrupts absolutely, but what of power wielded by the state without even the right to make representations against its use, which in addition creates a duty to conform, comply, co-operate and promote the exercise of that state power? How have we reached a state of affairs in Conservative education policy where that is regarded as democratically acceptable? It would seem that not only does the Prime Minister not know the meaning of the words “Magna Carta”, as we saw on David Letterman’s TV show, but, as Tony Hancock might have put it, the poor Hungarian peasant girl did after all “die in vain”.

This is a horrible little Bill in so far as it extends to education. It is more of an election slogan than a piece of genuine education statute, written in a rush, out of a need to do something rather than the need to do the right thing. It could be so different: we could be recognising that real school improvement is based on the sort of approach taken by Sir David Brailsford, who took the Great Britain Olympic cycling team to such great heights. It could have been based on teamwork, collaboration, and a passion for excellence, success and the accumulation of marginal gains, not on a fetish with structures and policies that are unfounded in evidence. Perhaps we could have an educational equivalent of NICE—the National Institute for Health and Care Excellence—and have a national institute for clear evidence in education policy, which would put a stop to the educational quackery of Ministers, which leads to the empty “exaggeration” so heavily criticised earlier this year by the Education Committee. Then, perhaps, we could agree with a vision based on that insight I mentioned at the outset, which is that deep down we all want the best for our children.

We should therefore have a vision where we promote partnership and collaboration to raise standards, with an inspection system where quality inspectors provide challenge and support, rather than having low-quality private contractors. We could have a system where standards trump structures and where every child matters. Despite the claim in the explanatory notes that the Bill intends

“to improve education for all children”,

those in coasting or failing academies are ignored by the Bill. We could have a vision where: parents are listened to; teachers are trusted; school admissions are made fairer; special needs are taken seriously; genuine social mobility is promoted; more than the one pathway to success—GCSE, A-level and then university—is valued and promoted; more than data matter; and exams are not used as a tool to narrow education but as an instrument to accredit broad and balanced learning. We could have a system that believes in more than teaching to the test.

To be an educator or a teacher is an incredible privilege. It is one that I was fortunate enough to enjoy for many years. It is a very hard job. It is much harder, believe it or not, than being a Member of Parliament, and it is so much more than what is envisaged in this dreary Bill. To be a legislator is also a privilege, and we can do much better than this.

Skills and Growth

Kevin Brennan Excerpts

Wednesday 17th June 2015 Commons Chamber

[Richard Harrington (Watford) (Con)]

Thank you, Mr Deputy Speaker. Let me welcome you back to the Chair.

I listened carefully to the maiden speech of the hon. Member for East Dunbartonshire (John Nicolson), and I commend him unreservedly for the articulate and eloquent way in which he told us about his constituency and some of the issues there. Having heard what he said about the constituency, which I must confess I have never visited, I think that he may have been wrong when he said that the Romans had been held there. From the sound of it, they may have found it so nice when they got there that they decided that they might as well stay and enjoy the food and the view; but, whatever the reason, they decided to stay. I do not know whether the hon. Gentleman is descended from the Romans, but, having seen him on television and having heard him speak today, I wish him a long and prosperous career. I am sure that we have not heard the last of him.

I shall try to confine myself to eight minutes as you asked, Mr Deputy Speaker. I shall restrict my speech to two specific issues, one of which I think is key to the development of skills among younger people. I refer to the development of university technical colleges. Contrary to some of the partisan comments that are made regularly by the hon. Member for Stoke-on-Trent Central (Tristram Hunt), UTCs are a classic example of a project with a cross-party foundation. I commend both Lord Baker, a former Conservative Education Secretary, and Lord Adonis, a former Labour education Minister, for the help that they gave me with the setting up of a UTC in Watford. The Watford UTC is chaired by David Meller, a non-executive director of the Department for Education who is very well respected. It opened just 14 months after we had dreamt it up in a café in Watford, which shows that bureaucracy, like everything else, can be overridden with determination.

What struck me most during a conversation that I had with Lord Baker and Lord Adonis at the outset was a statistic that they have often produced. Apparently, 40% of people who work in bars and cafés in London are university graduates. I am not one to undermine universities; like many Members of Parliament, I was the first member of my family to go to a university, and it was a huge thing for me. The fact is, however, that many people have been driven to go to university without really thinking of it as part of a future career. Somewhat depressingly, I nearly always agree with the hon. Member for Dudley North (Ian Austin), and I thought he was absolutely right to say that not enough young people either go to university or take up other options.

[Kevin Brennan (Cardiff West) (Lab)]

I agree with what the hon. Gentleman has said about UTCs. Labour Members have always strongly supported their establishment. Does he think that all pupils who attend them should have to do the EBacc?

[Richard Harrington]

The response that people give on television quiz shows when they are not quite sure of the position is “Ask me one on sport.” I may be able to give the hon. Gentleman an answer after listening to the debate on Monday, but perhaps I can help him for the future by saying that he might have asked a better question if he had asked whether I agreed that children who go to UTCs should not really be the kind of children who would consider going to university. I do not agree with that at all.

The advantage of the UTCs is the practical education that they provide. Their pupils are thinking about careers at the age of 12 or 13, which is really good. They can combine an academic education, studying for GCSEs like everyone else, with learning specific skills. The UTC in Watford is geared towards hotel and hospitality management, an area in which there are lots of good skilled jobs available, as well as IT skills, the need for which is universal. It is commendable that there are already 30 UTCs in England, with nearly 6,500 pupils, and by September 2016 there will be 25 more. I have met the principals of various UTCs, including Emma Loveland, the principal of the one in Watford, and their view of education is based on their belief that this country is under-skilled and that conventional education—notwithstanding the academies, which are very good—has been producing quite a lot of children who are either unskilled or not in a position to become skilled.

Oral Answers to Questions

Kevin Brennan Excerpts

Monday 15th June 2015 Commons Chamber

[Mr Gyimah]

I know that the Secretary of State visited the school in question and recognised its brilliant leadership. Of course, as we go through the spending review and set the budgets for this Parliament, there will be other opportunities to look at the Priority School Building programme.

[Kevin Brennan (Cardiff West) (Lab)]

At the start of the last Parliament, the Government set out their plans for the Priority School Building programme for 537 schools. To date, 25 have been completed. Would the Minister describe his Department’s performance as failing or just coasting?