Education and Adoption Bill

Debate between Lord Brennan of Canton and Tristram Hunt

Wednesday 16th September 2015 Commons Chamber

[Kevin Brennan]

I join my hon. Friend in welcoming that, and of course he is too modest to outline his own part in the London challenge. I am sure the fact that Liverpool is the part of the country he represents has been influential in the idea being taken up so readily there. I congratulate him and the mayor on that initiative.

We recognise the concern to which I referred, but we are not at all convinced that the way the Government are dealing with this issue in the Bill is the best way forward. They are attempting to legislate on coasting schools in the Bill and then set up regulations that rigidly seek to define them in a way that produces significant anomalies and a whole new way of judging schools outside of Ofsted. By cutting out Ofsted, they are muddying the waters considerably.

The concept of coasting schools has been around for quite a while. It was first used formally by the last Labour Government in 2008 in “Gaining Ground: improving progress in coasting secondary schools”, in which we said:

“Coasting schools are schools whose intake does not fulfil their earlier promise and who could achieve more, where pupils are coming into the school having done well in primary school, then losing momentum and failing to make progress.”

So it is a useful concept, but the Government’s clumsy attempts to translate that directly into legislation has made the term toxic in the space of a few months. Our new clause goes back to the original definition of pupils not fulfilling potential so as not to confuse it with the Government’s rigid data-driven approach.

We accept that schools that need improvement might not be picked up in an Ofsted inspection. Every framework cannot meet every eventuality, but the answer is not to use the definition as proposed by the Government based on a crude formula from raw pupil data. A much better approach is one that involves both the professional judgments of Ofsted and the local authority—or the academy trust, because why should academies escape this measure? Our new clause would create a new section 60B in the Education and Inspections Act 2006 and put into its new subsection (1) a definition of a school

“where pupils do not fulfil their potential”

and in subsection (2) make it clear that a school has to be notified following a professional consideration between Ofsted and those with local knowledge. This would apply to both a local authority-maintained school and an academy.

In our proposed new subsection (3) we outline the sorts of issues that should be considered prior to that notification, including “the availability of…teachers”. In other words, schools should not be penalised because the Government have mismanaged the supply of qualified teachers, particularly mathematics teachers, which could affect, for example, EBacc performance in a school. I will return to the question of teacher supply in a moment.

Secondly, while a comparison of pupil progress statistics is important, it must take account of the size of the school and standard errors, and not crudely interpret and apply data. Thirdly, age range is important, especially where there is not a standardised assessment of performance on entry to the school. For example, some areas have middle schools. Fourthly, there is the question of special educational needs. A professional assessment should be made of the progress of pupils with SENs and disabilities. Fifthly, a school may be recruiting pupils from a more advantaged area where, for example, there is the widespread use of private tuition, which can be impossible to discern from raw data. Education Datalab and others have noted that it is virtually impossible for a grammar school to be coasting under the Government’s initial floor standards in the draft regulations.

Gender is important, too. For example, under- achievement of girls in STEM subjects needs to be identified and acted upon, rather than lost in raw statistics.

[Tristram Hunt (Stoke-on-Trent Central) (Lab)]

Does my hon. Friend agree that one of the major challenges in respect of coasting academy schools for this Bill is a massive overdependence on the role of regional schools commissioners? In my constituency and across the west midlands, there simply is not the capacity of regional school commissioners and their staff to deal with underperforming and coasting academy schools, and what we have here in this Bill is once again an over-concentration on the maintained sector while not doing enough for children in underperforming academy schools.

--- Later in debate ---

[Kevin Brennan]

My hon. Friend is right. We only have to speak to headteachers to know the difficulty of recruiting in those subject areas. Again, the Government have failed to face up to this crisis and schools cannot be judged if they cannot recruit the teachers because of a failure of Government policy. According to Professor John Howson, a shortage of more than 6,000 teachers has built up in the past three years. A report from London Councils says there is a need for 113,000 extra school places in the capital in the next five years.

I could go on and on, but I will not detain the House for too long with those statistics. It would, however, be interesting to hear from the Minister in his reply about what the Government are doing to meet this crisis in teacher training recruitment and retention, because that is the real issue out there and they are not addressing it adequately.

That is why we have made teacher supply one of the factors in judging how a school is performing under new clause 1. Ignoring teacher supply as a factor in influencing whether a school is doing well enough in helping its pupils to reach their potential is simply burying one’s head in the educational sand. That is exactly what the Secretary of State is doing in the Bill, and in her wider role. She remains obsessed by her pet projects of free schools and forced academisation, and is diverting ever more precious and scarce resources in the Department to them while failing to address the mounting crisis in teacher training, recruitment and retention. She cannot say that she has not been warned about this.

[Tristram Hunt]

As always, my hon. Friend is making a persuasive case. Is not the situation even starker than that? Schools are facing a 10% cut to their budgets over the course of this Parliament, yet funds are being allocated to opening free schools in areas where they are not needed. Courses for young people are being cut away and pupils’ choices are being eliminated in order to fund those free schools.

[Kevin Brennan]

My hon. Friend is absolutely right. If we project the figures over the course of this Parliament, the position is even starker, especially when combined with the reality of the cuts to 16-to-19 education, which even Conservative Back Benchers are now complaining about because of their impact on sixth forms—

[Tristram Hunt]

And grammar schools.

[Kevin Brennan]

Indeed. I recently participated in an interesting Adjournment debate on this matter with Conservative Members. We know that a funding crisis is building up as we speak, and alongside the problems with teacher training and supply, these are creating a perfect storm. There are going to be real problems over the course of this Parliament, and I put on record that we are pointing that out and that the Government should be acting more urgently to deal with the problems that are going to emerge.

New clause 1 would mean that schools could not be blamed for problems that had been initiated by policies of the Secretary of State for Education that had led to a lack of teacher supply in their area. Teacher supply would be a reasonable factor to take into account, rather than simply looking at raw data that tell us nothing about the struggle that a school might be having to recruit high-quality, well-qualified teaching staff.

New clause 1 would also bring academies into the scope of the provision. The Government appear to believe that maintained schools that are experiencing difficulties need a fundamental change of structure, but that that does not apply to academies. They seem to think that academy status is right for failing maintained schools, but it is also right for failing academies. That seems to be the Government’s policy. The Secretary of State’s position is that if an academy fails, the obvious solution is to turn it into an academy. That simply makes no sense.