Free Schools: Educational Standards

Lord Addington Excerpts

Thursday 10th January 2019 Grand Committee

[Lord Addington (LD)]

My Lords, when I looked at this debate I expected that we would discover most of the enthusiasm and intellectual drive behind this movement being expressed in this Room. I have not been disappointed. We seem to have everybody who knows anything about the subject here. For the rest of us, finding out exactly where the people who are involved in the free schools movement think it should go will be one of the lessons we will take away.

However, I am afraid I am with the noble Baroness, Lady Morris. Indeed, she said much of what I was going to say—and, irritatingly, in a very good style—about the problems. The first is that if we have a lot of enthusiasm, where is the control? As the noble Baroness pointed out, more than 50 schools are closing. I thought, from the House of Lords Library briefing, that 29 free schools had closed in the past three years. We have a fairly high casualty rate. This must call to everyone’s attention that this is not a panacea that will be universally successful and guarantee success.

Once again the noble Baroness, Lady Morris, beat me to it: the fact of the matter is that free schools are a way of creating more academies that has been created by academy trusts. The problems of the academies are effectively going to the free schools. They are one and the same beast. It might be a different way of creating them, but they are the same thing. They are a movement. They have the same types of criteria, so the creature should be seen as one whole. Can we get an idea of how we will look at this?

I remember that the noble Lord, Lord Nash, discussed regional schools commissioners. Indeed, I think it was in this Room that we first discussed some things about them. It might be a good idea to find out exactly what they think they will be doing to give a more strategic focus. The days of the innovative, wonderful parent and teacher-led start-up are probably behind us—or they will occur only very infrequently. The noble Lord, Lord O’Shaughnessy, shakes his head, but it certainly has not been the fashion of late. He now nods his head. I wonder how Hansard will deal with that. We must look at what is happening now as a good example of where it might go.

I discovered when looking through some of the briefing about what academies are doing, if we can accept that this is a way into the academy movement, whether independently or as part of it, that we have a juicy little problem of off-rolling when it comes to taking exams. I am afraid that a name that stuck out when I was reading through an article sent to me by the Guardian is the Hewett school in Norwich. I discovered only today—I apologise to the noble Lord, Lord Agnew, for letting his office know only today—that it is an academy in the trust that he helped to run, or I think was the head of. In one year it lost 20% of its pupils before they took exams. The Hewett school always strikes me because it is the school that I went to, as did my siblings. It is a very big school. It went through days when I was there of being the big comprehensive success story, with a huge sixth form, to special measures. What can go up can go down under any system. I hope that the free schools remember that. Sometimes things can go horribly wrong.

Are the schools commissioners going to look at and check off-rolling to stop the gaming of the system? If they are not, we will miss the group that we should be concentrating on: those who are difficult to educate, who probably do not have the best parental backing, and those with a very high number of hidden special educational needs, which is quite normal in those who fail. Will we look at this? Will the schools commissioners take a lead in this, or are we looking at somewhere else? Will it be Ofsted—although Ofsted cannot look at somebody who is not there? Will we make sure that academies, free schools and everybody else take full responsibility for those people they have recruited and who go through the system? If we are not going to, there is a fundamental flaw here in the way we are being organised. We must address this vigorously.

We have a system which may well have benefits, in a Panglossian way, as the noble Lord, Lord O’Shaughnessy, would have it: everything for the best in the best of all possible worlds. If the sun is always behind you and everything is going well, any system will do well. If you recruit the right parents and the right students, you will succeed. But when things go wrong is the test of any system: how do you handle the problems and the mistakes? I hope we get a good answer here, because if that is not built into this system, it does not really matter what you do with your successes—your failures will still mar it, probably to the extent that it will have to be got rid of in the end.

--- Later in debate ---

[Lord Agnew of Oulton]

The noble Lord, Lord Addington, mentioned off-rolling and picked out a single school, the Hewett school—which strikes a slightly raw nerve, as I was the chairman of the trust that took it over. That school was a wonderful example of what we were dealing with in the reforms that we brought to education. The school was built for nearly 2,000 pupils and run into the ground by a local authority. At one point it was the largest secondary school in England, but the local authority hung on to it, delivering appalling education until, finally, when my trust took it over, there were fewer than 500 pupils. It was in chaos. Sorting out such situations, where a trust inherits protracted and entrenched failure, is no small undertaking. That ex-local authority school is a classic example of why the nirvana of so-called local democracy is meaningless in many cases.

We want to go further, to make sure that no one is left behind, by extending the programme to areas of the country that have not previously benefited from it. To this end, we launched Wave 13 last year, targeting the areas of the country with the lowest standards and the lowest capacity to improve. These are the places where opening a free school can have the greatest impact on improving outcomes.

[Lord Addington]

Looking at free schools and academy trusts, off-rolling is coming in. Will we look at why that is happening? I was at the Hewett school many years ago; most of the teachers will now be dead. I do not dispute that it has changed. It was a case of it having happened there and it catching my eye because I had a personal connection. What happens when you off-roll a group of people who are seen not to be achieving and who will damage you in the league table? What structures do we have in place to make sure that that is not happening—and we are not simply dumping them?

[Lord Agnew of Oulton]

Off-rolling is dealt with in the report by Edward Timpson which will be released quite soon—I think in the next few weeks. I will make sure that the noble Lord gets a copy of it. It certainly addresses all the issues that the noble Lord raises. One point that it makes is that academies are no more aggressive in off-rolling than anybody else in the system. I acknowledge that it is a problem. When I was running my trust, for any permanent exclusion I always said to a head teacher that they had to telephone me personally and told them, “This is a professional failure on your part”. We need to be much more rigorous, but I can assure noble Lords that the practice is widespread also among local authority schools. It is a complicated issue, because there is whole range of categories that a school can use when it shunts a child out of the door. For example, category B is sending a child home to work, although it really wants to get rid of the child. It is a very complicated area, but I will send the noble Lord the report as soon as it is available.

The application window for Wave 13 closed on 5 November. We received 124 applications. A rich collection of potential schools is proposed by a range of groups with a variety of expertise, both new providers and experienced multi-academy trusts. We are assessing those proposals and will announce the results later in the spring.

To answer the concerns raised by my noble friends Lord O’Shaughnessy and Lord Hill, we are planning a further wave, Wave 14, which will continue to put free schools into the areas of most need. Innovation remains key. I can reassure the noble Lord, Lord Storey, that free schools are different because they start with a different ethos. They have the same legal basis as an academy, but having set up four myself—as I mentioned to the noble Lord, Lord Watson—I know that they are quite different.

A further 55 special and 14 AP free schools are in the pipeline. Last summer we launched a special and AP free schools wave. By the deadline in October we had received 65 bids from local authorities, setting out their case for why a special or AP free school would benefit their area. Early this year we will launch a competition to select trusts in the areas with the strongest case for a free school.

My noble friend Lord Polak asked about the religious designation of special schools. He is right that they cannot have a specific designation, but they can acknowledge the religious impetus behind their application by registering themselves as having a faith ethos.

Beyond this, the noble Earl, Lord Listowel, raised some important general points, in particular about recognising the importance of teachers. I echo the point made by the noble Lord, Lord Storey, and others, that that is the key to a good education. We have accepted in full the STRB’s recommendation of a 3.5% uplift in the minimum and maximum of the main pay range—one of the largest increases in 10 years. Last year we published a workload reduction toolkit, and we continue to work extensively with the unions and Ofsted to challenge and remove unhelpful practices that create this unnecessary workload. For me that is the most important issue: most teachers do not feel underpaid but do feel that they are put upon with a lot of unnecessary bureaucracy. That is one of my priorities.

We are also working with Ofsted to produce a new inspection framework. A consultation document will be issued in the next few weeks. The framework challenges the senior leadership teams, during inspections, on the workload that they are imposing on their teachers.

The noble Lord, Lord Storey, raised the issue of structures versus standards.