Academies Bill [Lords]

Lord Barwell Excerpts

Thursday 22nd July 2010 Commons Chamber

[Vernon Coaker]

I am sorry that the hon. Gentleman has taken that tone, because that was not the policy intention of the last Government or the previous Conservative Government. I am sorry to bore people who have sat through Committee proceedings for the past day and a half, because I have said this twice, but the policy objective—he may disagree with this—was not to close special schools. It was to ensure that people had the choice of being included in mainstream schools, if that was appropriate for them. That was the policy of the previous Conservative Government in the ’90s, as was absolutely right, and of the Labour Government until 2010, as was also absolutely right. I hope that it will be the policy of this Government.

Of course, that will mean that the number of special school places will sometimes go up, and sometimes go down. As long as that is done on the basis of having determined what is in the interests of the child, it should not matter, because it is the policy objective that is important. I tell the hon. Gentleman this: if there are 10,000 places in special schools—I do not know how many there are—and it was properly, and with parental agreement, felt that 3,000 of those 10,000 places should be in mainstream schools, I would be happy to stand at this Dispatch Box and say, “I support the reduction of special school places from 10,000 to 7,000,” but that is on the basis of need and individual choice, not on the basis of ideological diktat.

[Gavin Barwell (Croydon Central) (Con)]

I am grateful to the hon. Gentleman for giving way; he was also generous yesterday. In answer to my hon. Friend the Member for South West Norfolk (Elizabeth Truss), he acknowledged and paid tribute to the fact that the Government have strengthened the law so that academies will have the same SEN obligations as maintained schools. Will he also pay tribute to how the new model funding agreement also strengthens provision? It provides the Secretary of State with the power to direct academies to comply with any SEN obligations that were not in the previous funding agreements.

[Vernon Coaker]

I tried to make that point at the beginning; otherwise, we would not make any progress. I said that there had been improvements to the Bill and that there would have been improvements in some of the documentation associated with academies. That does not change the fact that, when it comes down to it, the Government are not clear on what the funding arrangements will be, how they will work and the correct balance between centrally provided services and the academies.

As the Chair of the Education Committee asked, where do we draw the line and what is the balance between those issues? The Government have not given us any definition of what they mean by

“low incidence special educational needs or disabilities.”

In Committee, we have to tease out those sorts of issues from the Government, to ensure that the legislation that we pass in this Parliament is as robust and effective as it can be.

--- Later in debate ---

[Gavin Barwell]

I am enjoying the hon. Lady’s speech, but I wish to pick her up on one point related to exclusions. The latest figures from the Department suggest that in academies the exclusion rate for pupils with SEN is five times higher than for pupils without SEN, whereas in the general maintained sector it is nine times higher. So the evidence suggests that academies are less likely to exclude pupils with SEN than the maintained sector as a whole.

[Pat Glass]

I would argue that academies serve poorer neighbourhoods and it is more difficult to get into an academy in the first place. People may argue that academies take a higher proportion of children with SEN than maintained schools, but as I argued earlier it is up to academies to define who is SEN and who is not, and they may have a very different tolerance level from that of maintained schools—that has certainly been my experience.

--- Later in debate ---

[Mr Stuart]

I am grateful for the Minister’s compliment, which was not flattery—if I had said that it was, he would have corrected me.

One of the issues in this Bill, which the amendment seeks to draw out, is the system-wide implications of a growing number of schools—including free schools and existing schools—becoming independent and taking away money currently spent on their behalf by the local authority. Those of us of a supply-side revolution, 1980s, turning the sick man of Europe around disposition naturally think that things will regrow and they can be better directed by people closer to the front line. However, we need an explanation, because schools are not businesses and we need to understand how it will work.

I wish to chide the Minister gently, although he may not have been responsible, because the place that one would naturally look for that explanation—it may be a by-product of the last Government’s approach—is the equalities impact assessment. At the risk of upsetting my right hon. and hon. Friends, I would criticise the hon. Member for Gedling (Vernon Coaker)—I will pronounce his constituency correctly—because in many ways he has been too gentle about the equalities impact assessment in the last couple of days. I think it is less adequate than he has made it out to be.

The equalities impact assessment is rather thin. It provides fair information, but it tries to put the best gloss on that information. Given that this is an important document to accompany a flagship Bill, I would not expect paragraph 22 to be repeated, in its entirety, as paragraph 24. I would not expect paragraph 23, which is quite long, to be split and repeated in its entirety as paragraphs 25 and 26. It would suggest that someone has not even bothered to read this so-called important equalities impact assessment. At the end, I was waiting for an assessment of the system-wide impact and the long-term and profound implication of having lots of free schools. But when I got there I found paragraph 31, which states:

“We believe that the Academies programme is already working towards promoting inclusion and equality to the benefit of all pupils in the programme. An adverse impact is unlikely”.

Well, thank you very much. That is not an adequate explanation of the possible system-wide impacts of this Bill.

I know that we will have a master class and a tour de force explanation from the Minister on the system-wide impact and why the Bill will work, but the impact assessment is inadequate. I meant to be gentler about this than I have been—I have a tendency to overstatement —and I apologise to the Minister. But I wish that the impact assessment had been a better document and included more recognition of the potential system-wide impacts, especially on marginal areas—if I may call them that—such as SEN.

[Gavin Barwell]

I will keep my remarks brief as I am conscious of the time and that the Committee wishes to hear the Minister’s reply. I pay tribute to the hon. Member for North West Durham (Pat Glass), who made an exceptional speech. She brings real expertise in this area to the House and I am sure that we will benefit from that in the months and years ahead. I also pay tribute to the hon. Member for Gedling (Vernon Coaker). Both yesterday and today he has approached these proceedings in a much more conciliatory tone than the right hon. Member for Morley and Outwood (Ed Balls) did on Second Reading. That may reflect the difference between Second Reading and Committee stage, or it may reflect the difference in their personalities, but it is certainly appreciated on this side of the Committee.

I disagreed with the hon. Gentleman on whether primary schools should be allowed to be academies and whether surplus places would be a ban on academy status. However, he is right to bring the issue of special educational needs up today. I imagine that all hon. Members have received a briefing from the Special Educational Consortium, which tells us that 21% of children have some form of SEN and that 12% of children with SEN achieve five grade A* to C passes at GCSE, compared to 57% of their peers. That shows the importance of getting this issue right—not just for the children with SEN, but because if we do not get it right there will be an impact on other children in the mainstream setting. The likely impact of this policy on children with SEN is therefore a key test. I am not sure whether the amendment addresses some of the concerns that he raised in his speech, but he is right to ask for some more detailed clarification, particularly in the light of the important amendments that came through on Report and Third Reading in the House of Lords.

It is worth briefly putting on the record the improvements that the Government have already made by ensuring that for the first time academies will have the same SEN obligations as maintained schools. I also want to mention the improvement that I referred to in an intervention that the hon. Gentleman kindly took, which is that the new model funding arrangement now provides that the Secretary of State can direct academies to comply with any obligations relating to SEN. Although the new agreement will not apply to existing academies, hopefully many of them will choose to convert to it, given that in other ways it will provide more freedoms. Over time, therefore, the new agreement might spread.

The core of the objections and concerns raised relates to what will happen if many more schools become academies and the pressures that that will put on services provided by local authorities. Yesterday, the hon. Gentleman expressed concern about the scale of the changes—he used the phrase, “opening the flood gates”—although Ministers have provided reassurances on the pace at which they think things are likely to proceed. However, many of the same issues arise over the role of local authorities in school improvement. For example, my council provides a very good school improvement service, which I hope schools will still want to buy into when they become academies.

I want to make three more quick points. First, the requirement for academies to have the same obligations as maintained schools is not in the Bill, but will be in the funding agreements, which means that parents who think that academies are not fulfilling those obligations will need to go to the Secretary of State, I presume, if they have a problem, rather than resort to the law. Not to have to resort to the legal route, but to go to the Secretary of State, might actually be an advantage to parents. However, as the hon. Member for North West Durham said, we should think about this from a parent’s perspective, so it would be helpful if the Minister could provide more guidance on how that complaints procedure would work. What does a parent do if they have a child in an academy that they think is not meeting their child’s SEN needs? What is the process for making a complaint?

My second point is one that has already been made—it is about the Opposition amendment passed on Third Reading in the Lords on protecting low incidence SEN services. The point made by the hon. Member for Gedling about the need to define exactly what those services are was spot on. It is really important that we get a clear definition, either today or on Monday, as the Bill goes through this House.

My final point concerns children receiving central SEN services. Children with high levels of need will tend to have statements, so the idea that the money follows the pupil and goes to the schools is very important. In my constituency, we have a school called Addington high, which has an excellent unit for children with autism, and most of the children there will have a statement. It is right, therefore, that the money goes to the school, but clearly, as some of my hon. Friends have said, where local authorities are providing services, much will depend on the value that schools place on those services. If they are good services and the local authority is doing a good job, it seems likely that any academy that takes over will want to purchase those services.

The hon. Member for Gedling was right to raise the issues before us, because further clarity is required in certain areas. However, I do not support the amendment, because I am not sure that it directly addresses some of his points. I very much look forward to hearing the Minister’s winding-up speech.