Free Schools and Academies

Lord Agnew of Oulton Excerpts

Thursday 23rd January 2025 Lords Chamber

[Lord Agnew of Oulton (Con)]

My Lords, I am grateful to my noble friend Lady Evans for securing this debate, and I note my interest in the register.

I am pleased to speak today, but of course hanging over us is the Damoclean sword of the schools Bill. Why does it matter? In 2010, approximately 5% of all state schools were failing or in special measures. By 2024, that figure had reduced to 1%—an 80% reduction over a period when academic standards became more rigorous. This heavy lifting fell largely to the academies programme. If a school was judged failing, it was automatically academised. The deal was simple, everybody understood it and it worked. Under this new Bill, that vital intervention is to be eviscerated. A major part of this Labour Government’s constituency will be the losers: children from less well-off families in areas of deprivation, because that is where failing schools are concentrated.

I know this because, over the last 12 years, the academy trust that I founded has taken on at least 10 of these kinds of schools and improved them, in some cases dramatically. The families and children that we met were at their wits’ end, often with no alternative route to state education. In some cases, these schools have been failing for decades. We took on one failing school in Great Yarmouth. It had never been rated “Good” or better since the creation of Ofsted in 1993; it is now rated “Good”. Why break something that works?

On free schools, a similar story exists. They have been an astonishing success in the vast majority of cases. Over 800 have been built, and where they did not work, we closed them or moved them to new management. Everyone knew the rules. In my trust, we have opened three free schools in Norfolk. Now, each one is outstanding. There are many trusts more successful than ours. We have heard from the noble Lord, Lord Harris. Take a look at the Star Academies Trust, which opened 23 schools: 17 have been inspected by Ofsted; 15 rated “Outstanding” and two “Good”. Last year, seven of those free schools were ranked in the top 50 schools in England for Progress 8, but this programme is now to be closed.

Why destroy a programme that has been painstakingly built by Governments of both political parties? In my time as academies and free schools Minister, I relied on the interventions that had been devised by noble Lords opposite—the noble Lords, Lord Blunkett, Lord Adonis and Lord Knight—and underpinning it were two watchwords which should prevail throughout all government-funded entities: transparency and accountability.

I give one small example. In local authority-run schools, it is almost impossible to understand what is going on financially, but an academy trust has to file an externally audited set of accounts every year within four months of the year ending. You will not find that in a local authority school. They do not even have audits every year. The best I could find when I was a Minister was every three years, and even I could not get copies of the reports, let alone the public. Transparency ensures that an academy’s resources are focused on where it matters, which is education.

The Bill will banish teachers who have not completed the nine-month teacher training programme, but there is an acute shortage of teachers. I believe that 13,000 teachers will fall foul of this rule. Where are the replacements coming from? The private schools tax is promised to deliver 6,000, but we will believe that when we see it. In the meantime, it will just make the job of improving schools far, far harder. Another government invention was Teach First. These wonderful people got only six weeks’ training and yet are some of the best in the system.

Overall, the Bill sends a strong signal to under-performing schools that they can dodge hard-edged accountability. Even though they fail their pupils, they can get away with it—and it will be the most disadvantaged communities who pay the price. Because there will be an opt-out for automatic academisation, schools will fight it.

There are some extraordinary clauses in the Bill, giving the Secretary of State the right to intervene on school uniform policy. There are 23,000 schools; that is crazy. There is a much simpler way: change the mandate of the members to include a responsibility to ensure that the cost of the school uniform for a pupil-premium child does not exceed, say, £25. In one fell swoop, we would deal with the problem. Members have powers essentially as proxies for shareholders—for example, they appoint auditors and can fire the directors.

These checks and balances were put in place by Labour. The improvements that I drove into the system were largely down to the Labour Government of the Blair era. Yet today, we managed to have four members of the Labour Party on the Benches opposite for this debate. If we care about the education of disadvantaged children, this programme should be strengthened, not weakened.