Education: Curriculum, Exam and Accountability Reform

Lord Bates Excerpts

Thursday 7th February 2013 Lords Chamber

[Lord Nash]

My Lords, we are investing in training for dyslexia. We have consulted widely on the matter of dyslexic and other pupils with SEN in relation to the examinations. I assure the noble Lord that we will take their needs into account. I shall not attempt to answer his third question, but we think it is important that pupils study not only the broad sweep of history but a variety of figures from the past, of both sexes and of all races.

[Lord Bates]

My Lords, I welcome the Statement. There is only one part I disagree with: although my noble friend’s regard for the current Secretary of State is admirable, the mantle of the greatest post-war Secretary of State for Education will be held for some time by my noble friend Lord Baker of Dorking. I ask my noble friend to reflect on that.

Secondly, I wholeheartedly welcome the removal of the artificial division and glass ceiling on attainment between the higher and foundation tiers, but I have one area of concern: the proposal that instead of seven exam boards there should be only one. Everyone in education knows that the competition between exam boards has been a root cause of grade inflation. Is it true to say that that could not go ahead because of EU procurement laws? If so, will the Secretary of State take that up as part of our renegotiation of terms with our European partners?

[Lord Nash]

My Lords, I have to tell the House that I met the noble Lord, Lord Baker, for the first time earlier this week over lunch. When I have had several more lunches with him, I may change my view. But in answer to the specific question, it is not true that those changes are driven by EU procurement laws.

Schools: Performance

Lord Bates Excerpts

Tuesday 4th December 2012 Lords Chamber

Asked by

[Lord Bates]

To ask Her Majesty’s Government what assessment they have made of variations in school performance across England, in the light of the Annual Report of HM Chief Inspector of Education, Children’s Services and Skills 2011–12.

[The Parliamentary Under-Secretary of State for Schools (Lord Hill of Oareford)]

My Lords, overall the Ofsted annual report showed that the performance of schools has improved, with 70% of schools rated good or better compared with 64% five years ago. However, it also showed marked variations in performance between different local authorities with similar levels of deprivation. The department undertakes its own analysis of individual school performance alongside that of Ofsted. It uses this to identify schools which could benefit from academy status.

[Lord Bates]

I am grateful to my noble friend for that Answer and I share his concern about variations. Can he confirm that the report highlighted that in Barnsley, 20% of children attend good or outstanding schools, whereas in Wigan the figure is 95%? In the leafy borough of Merton in London, 45% attend good or outstanding schools, whereas in Tower Hamlets the figure is 78%. Does this not nail the myth that performance in schools has anything to do with levels of social deprivation? Will he move with all pace to do all he can to exercise the powers he already has to take schools that are failing our children from local authority control and give them academy status?

[Lord Hill of Oareford]

My noble friend is right to highlight some of the variations that the Ofsted report illustrates. We should all look at that. The conclusions he draws are the same that the chief inspector draws: that it is possible for outstanding schools in areas of deprivation to perform extremely well for their children. So far as the second point is concerned, if we can find an agreed way forward for a sponsored solution with local authorities in the cases of under-performance, that is the route we would prefer to go down. However, I can reassure him that in cases where that is not possible, we will use our powers of intervention.

Education: Development of Excellence

Lord Bates Excerpts

Thursday 18th October 2012 Lords Chamber

[Lord Bates]

My Lords, it is an honour to take part in this debate. As it has gone on, I have felt less like taking part and more like taking notes, because the quality of the discussion has been so tremendous. We have had the privilege of hearing from former Secretaries of State for Education and former Chief Inspectors of Schools, and I applaud the marvellous way in which the debate was secured and introduced by my noble friend Lady Perry.

Where can I make a contribution here? I speak from personal experience of having been educated in what would today be categorised as a failing inner-city comprehensive, and I will focus on that aspect. We know that there is a great difference in performance and outcomes between the most materially poor parts of society and the most materially affluent parts. According to the Sutton Trust, 18% of free-school-meal pupils achieve five GCSEs, including English and maths, compared to 61% of those who do not qualify for free school meals.

My right honourable friend the Secretary of State for Education is fond of making the analogy that there are more pupils graduating with three straight As at A-level from Eton College than from a cohort of 80,000 free-school-meal pupils each year. These statistics tell us to focus on a core problem. Yes, we need to continue to push the boundaries of excellence at the top but we need to raise the bar at the bottom, and we have done. I share my noble friend Lord Lucas’s critique that we have gone through 25 years of progressively improving educational standards in this country. My noble friend Lord Baker deserves a great deal of credit for initiating that period of change. During that time, there have been huge changes in teacher training, the quality of teaching and the fabric of the school environment. Having been involved in setting up one of the flagship city technology colleges 20 years ago in Gateshead, I know what a difference having an excellent fabric makes.

We have focused on tackling the problem in many ways, but going back to my experience of a failing inner-city comprehensive, the dimension that we still wrestle with in inner cities to this day is the level of expectations. The one difference between the top public school and the inner-city comprehensive is still the level of expectations—not so much of the teachers, although that is a factor, but of the parents and the pupils—as to how they are going to achieve and excel in life. There is still a deeply grained mentality that academia is “not for the likes of us”, and if we are going to bring about lasting change in this country, that needs to be tackled head-on.

At my school, you would think that what we were in business for was to produce professional footballers, and we did phenomenally well at that. But if that same expectation was put into the maths classroom or the chemistry lab, we would deliver outstanding scientists, mathematicians and business leaders. I urge my noble friend to think about the role of great expectations in education.

Academies Bill [HL]

Lord Bates Excerpts

Tuesday 13th July 2010 Lords Chamber

[Baroness Walmsley]

My Lords, I, too, welcome Amendments 6 and 7, and I am glad that the noble Lord, Lord Hill, has responded to the persuasion and effective blandishments of my noble friend Lord Phillips of Sudbury on this matter.

I have a question on proposed new subsection (4) in Amendment 6, which states:

“For the purposes of subsection (3)(a) a school does not replace a maintained school if it provides education for pupils of a wider range of ages than the maintained school”.

Will the Minister explain that, because it is not covered by the letter which he wrote about the government amendments of 9 July 2010? I think it means that it excludes from consideration as an additional school an academy that decides to establish, for example, a sixth form that did not exist before. I would not want this part of the Minister’s amendment to work as a loophole that would allow schools covering substantially the same age range, but with a little tweak at one end or the other, to be established without the Secretary of State having the very serious job of considering the impact on other good schools in the area.

[Lord Bates]

Briefly, I support my noble friend and place on record a slight disagreement on the amendment from this perspective: I am rather pleased that the wording is retained—that an additional school should consult with such persons as appropriate. It is fair to say that there is potentially a different view. I believe that it is a philosophical point about how we do government. It is about whether we want to go back to the day, which has been tried before, when we have Bills that run to 250 pages. They are so prescriptive about what everyone has to do, and people respond to that simply by taking a tick-box approach to everything—“Have I spoken to them? Have I spoken to them?”. They never bother to contemplate and absorb the issues. There is an attempt by the new coalition Government to do things differently. They are saying, “We are prepared to trust people and introduce legislation which is not prescriptive but is simply enabling people. If your school has been judged outstanding by Ofsted, clearly you are doing a good job and we trust you to do the right thing in the right way. If you are a new school and you have support for that, you have greater authority and we want to trust you”. That message needs to come across so I urge the Minister not to concede any further ground on this amendment. I think that it is fair enough as it stands.

[Baroness Walmsley]

I do not want the noble Lord to get away with the idea that I do not support these amendments. I simply asked the Minister a question about subsection (4) of the proposed new clause.

[Lord Bates]

Let me correct that for the record in Hansard. There was no suggestion of that at all.

[Lord Adonis]

My Lords, I congratulate the noble Lord, Lord Hill, on his Amendments 6 and 7. He has gone as far as he reasonably should to meet the concerns about consultation in respect of new schools. He will obviously explain his response to the particular issues to do with funding raised by my noble friend Lord Knight. I do not regard the concerns raised on other issues to be matters of substance. The noble Baroness, Lady Walmsley, was concerned that the definition of what constituted a replacement school in subsection (4) of the proposed new clause might mean that a school which just had a somewhat larger age range did not constitute a replacement school, but my reading of the amendment is that, if that were the case, it would then be a new school and so would still be subject to the consultation arrangements which are encompassed in the other amendments tabled by the noble Lord, Lord Hill. Either way, whether it constitutes a replacement school or whether it constitutes, in the wording of Amendment 6, “an additional school”, it is captured by requirements for consultation that are equivalent.

Regarding the concern raised by the noble Lord, Lord Phillips of Sudbury, about the subjective nature of the consultation, I do not read the amendment as being entirely subjective. He is the lawyer and I am not, but my reading of subsection (2) of the proposed new clause is that because the Secretary of State must take into account the likely impact of establishing the additional school on maintained schools, academies and institutions within the further education sector, he will have to be satisfied that there has been a consultation in respect of them. It would not be possible for the Secretary of State to take into account the impact on those institutions unless they had been consulted. My reading of subsection (2) of the new clause proposed by the Government’s Amendment 6 is that it substantially limits the subjective scope, because the Secretary of State would need to be satisfied that they had been consulted in order to be able to evaluate the impact.

Academies Bill [HL]

Lord Bates Excerpts

Tuesday 6th July 2010 Lords Chamber

[Lord Bates]

My Lords, I understand why the amendment has been tabled and in many ways find the argument that has been put forward persuasive. I wonder whether the reason why it is necessary in the first place is that it is proposed that catchment areas will be too narrowly drawn. If catchment areas for new schools are too narrowly drawn, they will clearly have a disproportionate effect on neighbouring schools. Would not therefore an answer, along with the amendment proposed by my noble friend, be to broaden out the catchment area of schools to cover, perhaps, a local education authority area or even two local education authority areas? There is a precedent for that. When my noble friend Lord Baker introduced the Education Reform Bill in 1987, which allowed for city technology colleges, the Government overcame the problem of too great an impact on one, two or three schools by broadening the catchment area to cover two local education authority areas. In that way, the impact on neighbouring schools was diminished a little.

[The Parliamentary Under-Secretary of State for Schools (Lord Hill of Oareford)]

My Lords, as I said in Committee when we discussed this last time, establishing new schools is, I know, what exercises my noble friends and, I think, noble Lords across the House, in particular, the new free schools, to which the noble Lord, Lord Knight, referred. I take this opportunity to welcome the noble Lord formally to this House. I hope that I made it clear in Committee that it is very much the Government’s view that the implications for other schools in an area should be considered. The amendment moved by my noble friend brings us back to that debate.

I start by thanking my noble friends Lord Phillips and Lady Williams, and other noble friends, for the time that they have spent with me on this issue. I think that it is fair to say that they accept the reassurances that I have given that the Secretary of State would certainly consider any representations from those affected by academy proposals and that he would want to support only proposals for new schools that lead to an overall improvement in provision. As I have argued to my noble friend Lord Phillips, the general requirements on the Secretary of State to act reasonably will, in our view, provide sufficient protection. That is the answer to the point raised by the noble Baroness, Lady Howe. We think that the protection is there.

However, I certainly accept that my noble friends Lord Phillips and Lady Williams, and other noble Lords, have made the case to me for some further reassurance in the Bill with a great deal of tenacity and great courtesy. I have listened to those concerns and, having listened to this debate today, decided to act on them. I am able to say to my noble friends Lord Phillips and Lady Williams, that I accept the purpose of their amendment in principle. I suggest that my noble friends and I talk further and return to the issue at Third Reading. I hope that that is agreeable to my noble friends and, in the mean time, I ask them to withdraw the amendment.

Academies Bill [HL]

Lord Bates Excerpts

Monday 28th June 2010 Lords Chamber

[The Earl of Listowel]

My Lords, listening to the noble Baroness, Lady Perry of Southwark, I was reminded of visiting a children’s home some time ago with an inspector who made the point that she had been asked to be an inspector for care homes for the elderly and had declined because she was a teacher by background. She said, “What do I know about care homes for the elderly?”. There has been an issue—I am sure that it is still an issue—of ensuring that the inspectors are the right ones for the particular institution. The inspector also said that the remit of the Commission for Social Care Inspection, for which she worked at the time, was very much about supporting and developing good-quality practice and supporting the staff. After the remit moved to Ofsted, certainly the information that I received suggested that it became very much about checking that someone had done the right thing and criticising them if they had not, but not about asking, “Have you tried this? What about that way?”, and supporting the development of better practice.

The noble Lord, Lord Lucas, suggested using retiring teachers. The National Union of Teachers has emphasised the need to ensure the proper and continuing professional development of teachers who are already practising. It is concerned that past advice from the Department for Education—then the Department for Children, Schools and Families—was, “You shouldn’t let teachers off during the school day to get continuing professional development. They should do it at other times because we need them in the classroom”. If we could free up teachers with quite a lot of experience to spend a day in another school and take part in the sort of inspection and support arrangement that the noble Lord is discussing, that might kill two birds with one stone inasmuch as it would give them a chance to see how someone else teaches and to learn from that. They could be refreshed by that, as well as producing a report that could be useful to parents or whomever, and they could support professional development at that school. That occurs to me having recently read the information from the National Union of Teachers. No matter how much we improve the training and recruitment of teachers, most teachers are already in post and will be there for a long time, so we really have to think about their developmental needs. That is a bit of an aside.

[Lord Bates]

My Lords, I am grateful to my noble friend Lord Lucas for moving this interesting amendment. My default position when I first read it was that it was completely opposed to what the whole Bill is trying to do: to free up Ofsted inspectors so that they do not spend endless amounts of time visiting schools that are simply outstanding across the board but devote that time to schools that are failing in some areas so that those schools can be given greater attention and support. I take the point made by my noble friend Lady Perry, but that was very much where I was coming from.

When I heard the debate, however, I began to move towards seeing a couple of problems that need to be explored. I wonder whether part of the solution, which probably needs to be developed a little further, should not be the partnering of a highly successful school, which is enabled to become an academy, with a failing school. What would be the format of that relationship? Could the successful school assess and supervise the failing school in the interim?

Then there is the role of the governing bodies. Often very little is said about them, but under the new arrangements they will have hugely more power, authority and responsibility. How much training are they given? When one becomes a non-executive director of a firm, there are often lots of training courses about your duties, statutory responsibilities, the pertinent questions to ask and what you should look out for. The head teacher on the first governing body of which I was a member absolutely insisted that there was never any need for a member of the governing body to come to assemblies or to visit any of the classrooms, as that was way beyond their remit. Later on academy boards, I found that the head teachers of good, successful schools went out of their way to encourage governors to experience classroom teaching, to sit in the staffroom and to talk to teachers. Do people actually know this?

[Lord Phillips of Sudbury]

I am grateful to the noble Lord. Does he accept that his personal experience may not be universal? As one who has had a series of non-executive directorships over the past 30 years and has served on a number of school governing bodies, I must confess that the picture he draws is not that of my experience.

[Lord Bates]

I defer to my noble friend’s experience, but bodies such as the Institute of Directors put on training courses and provide structured guidance for directorships, so I wonder what the equivalent is for governing bodies? Is there a body which fulfils this role?

[Baroness Sharp of Guildford]

I have also been a school governor in one form or another for getting on for 40 years. Training courses for governors are run not only by local authorities but also centrally, and they are quite detailed courses. There is also a training guide on the web. The noble Lord might like to look at the Department for Education website where he will find that under “governors” there is a sort of teach yourself course to show you what you should know to become a good governor.

[Baroness Howe of Idlicote]

My Lords, as president of the National Governors’ Association, perhaps I may be allowed to make a tiny comment. There has been a good deal of improvement in the training of school governors, but it is not uniform. I think there is a desire on the part of the National Governors’ Association to pay rather more attention to this side of things so that all governors are given some training before they start as well as ongoing training whenever that is necessary.

[Lord Bates]

My Lords, one of the great joys of this House is the realisation that when you raise an issue, you suddenly find several world authorities in the Chamber with the answers ready to hand, which is fantastic. I will not delay the Committee except to say this. Under the new mechanism the school will be separated from the local authority, which will not provide these functions going forward to an academy. Given that, could there be a role for the governing body of the academy to take a more detailed view—almost a form of Ofsted standards “light”—of the institution? That would provide some internal checks and balances while at the same time it would strengthen the governing body’s understanding of what is actually going on in the institution for which it is responsible.

[Lord Hill of Oareford]

My Lords, as in so many areas, this has been an interesting debate which again has ranged further than the specific scope of the Academies Bill, and I have been struck by a number of the points made. It seems that we have been talking about three separate strands: one is to do with information for government and accountability; one is to do with support for a school; and one is to do with information for parents. In that context, if I am not puffing my noble friend Lord Lucas too much, the Good Schools Guide, which I heard him mention earlier, is a good example of how parents can be given human and anecdotal information about a school. That is an extremely informative way to find out what is going on. Generally, going forward and thinking of the ways in which parents can access more frequent and better information about their children’s schools, it is clear that this is something the Government should think about. We have said that we will try to reform the league tables to make them more relevant, but I should like to reflect on some of the points made more generally by my noble friends Lord Lucas and Lady Perry outside the context of the Bill, and perhaps we could discuss them further. The question of how one gives parents information that lets them know what is going on in a school in a regular and relevant way is an interesting one which I should like to explore further.

On the specific point of the amendment, and bearing in mind some of the reservations expressed by my noble friend about Ofsted, to give that body an obligation to carry out an annual report on each academy strikes me as a little excessive. Further, the fact that such a requirement would apply only to academies and not to maintained schools seems a little odd. That said, I would be happy to discuss this further and I will not charge £300 a day for the conversation, which I think is the going rate. With that response and some reassurance, I hope that my noble friend will feel able to withdraw his amendment.

--- Later in debate ---

[Baroness Morgan of Drefelin]

My Lords, these are probing amendments with which I hope to learn a great deal from the Minister about the Government’s intentions with regard to selection. We probably all agree that selection is a major issue in any consideration of educational matters, and I am sure the Bill will be no exception. However, the idea of a selective academy is a perversion of Labour’s view of the future of the academy scheme.

As we have already heard, the previous Government used the academy system as a means of helping struggling schools to turn round the life chances of the hardest to teach, which often meant entering an area where a local authority had let down the children it was there to serve. We gave these schools new leadership, outside expertise and relieved them from many of the requirements to co-operate as part of the local family of schools because of the challenges and experiences that those schools had undergone.

I want to learn about what the coalition Government now propose. In effect, they are saying to schools which select a small minority of the top-scoring children at 11, “Take a share of the money that the local area has been allocated to support the most vulnerable, and outbid other local schools for the best teaching staff using that same money”. Is that really what the coalition Government want to say to schools? By definition, the schools with these advantages will be less likely to need support with issues such as special needs. That is what we are looking at.

Amendment 131 seeks to deal with this criticism by insisting on provision for children of all abilities where a selective school becomes an academy. What is more, unamended, the Bill will allow such schools to expand, so we could be talking about a significant expansion of selection. The Minister has indicated that this will not be the case and I should be grateful to hear him say that now. The Prime Minister has made great claims about having changed his party. Change is good and changed it has—I am sure many would say for the better—but, despite those claims, the Conservative Party has been forced—I remain to be convinced otherwise—to introduce this Trojan horse of more selective schools. We know that Conservative MPs want some red meat on selection, but the Government risk showing that they are prepared to bargain away the aspirations of the majority in return for the acquiescence of Back-Benchers in another place. The Minister shakes his head. I look forward to hearing his response and to being reassured and convinced otherwise.

Amendment 59 seeks to remove this aspect of the Bill by preventing academy schools selecting. I admit that it is a blunt instrument—I said at the start that this is a probing amendment at this stage—but it would be, by far and away, the most satisfactory outcome.

Amendments 40A to 40F seek to deal with the second criticism: that the balance between selective and non-selective schools could be disrupted, without any community consultation, by schools converting to academy status and then expanding whether through different age groups or intake.

[Lord Bates]

Can the noble Baroness confirm that selection was included in the concept of academies introduced by her Government; that you could select 10 per cent on the basis of the specialism of the academy? That was in the Education Acts of 2006 and 2002.

[Baroness Morgan of Drefelin]

My Lords, the noble Lord is referring to the 10 per cent based on aptitude, which is a different paradigm—I am not sure whether that is the right word. These are probing amendments and I want to hear what the coalition Government’s intentions are on selection. I am sure that we will all be interested to know.

As with the discussion on the admissions code earlier in Committee, Amendments 130 and 183 will reassure those who are concerned that schools could convert under existing admissions procedures—which may erode over time—with no statutory safeguard against it. Many people outside the Chamber are asking these questions. The amendments would ensure that, in future, no non-selective school could use academy status to become selective.

Indeed, others have expressed this concern from another perspective. The Guardian newspaper reported the views of the National Grammar Schools Association. It stated in regard to academies:

“There may be other covert dangers and, until everything is made clear in the area of legislation and elsewhere, we strongly recommend extreme caution. If necessary, please seek advice from the NGSA before making decisions that may later threaten your school”.

The head of the NGSA said he was concerned that if a grammar school became an academy, it could then be run by a small group of people who might decide to change the admissions procedure. The article continued:

“‘What is the protection for the parents?’, he asked. ‘Does there have to be a ballot? Does it become an all-ability intake?’”

The National Grammar Schools Association is unclear about the coalition Government’s intentions. I should be extremely grateful if the Minister could set out, with great clarity, their vision for the future of selection in academies.

--- Later in debate ---

[Lord Lucas]

My noble friend’s Back Benches are in complete accord.

[Lord Bates]

Indeed, the guarantees were not just without any meaningful evidence as to what they actually meant, but without any resources so that teachers would be able to undertake that additional, onerous responsibility.

[Baroness Perry of Southwark]

If I might add another voice from the Back Benches: to try to guarantee to every parent that their child will have an ideally good school—what a wonderful thought that would be. People have been trying ever since the end of the Second World War to provide a good school for every child; successive Governments have not succeeded in doing so. There are still an awful lot of schools which fail an awful lot of children, so to try to put into legislation a promise to parents that they will have a good school for their child is really an absurd suggestion.

Academies Bill [HL]

Lord Bates Excerpts

Monday 21st June 2010 Lords Chamber

[Baroness Massey of Darwen]

My Lords, at Second Reading many noble Lords pointed out that most parents want a good local school, whatever it is called, and that good schools depend on good leadership, good teachers and good classroom practice, none of which I see mentioned in the Bill. My noble friend made some interesting points about academies, as did the noble Lord, Lord Adonis—I quite agree with him about the alphabet soup of schools. However, this is not just discussion about a name.

I have never particularly liked the name “academy” for a school, despite my respect and affection for my noble friend Lord Adonis. To me, the term has always meant a Scottish secondary school, the garden where Plato taught or, as in the Brixton Academy, a nightclub. As I understand it, we are talking about names that have legal and constitutional significance. No doubt we will tease out some of these legal and constitutional issues, such as buildings, charitable status, admissions, inspection, employment, VAT regulations, freedom of information and data protection, throughout the passage of the Bill. My noble friend is right. If these apply to what are called direct maintained schools—in other words, if they have to obey the rules I have just mentioned—the name should be looked at again. Could the noble Lord please spell out—I am sure he will—the differences between the name “academies”, as referred to in the Bill, and other kinds of school which now exist, and tell us why the name should not be changed?

[Lord Bates]

I totally support the remarks of the noble Lord, Lord Adonis, about the name. The name “academies” followed from the creation of the city technology colleges. Although the city technology colleges were a wonderful idea in the Education Reform Act 1988, the name was a bit of a mouthful and did not describe well what those fine institutions sought to achieve. When the Learning and Skills Act 2000 first made provision for city academies, it was a clarification. In Greek learning, an academy is a place of high education and research. That is exactly the type of name and message that one wants in our education environment. However, the term “city academies” was then changed. The “city” part was dropped, which in many ways makes the point that the noble Lord, Lord Adonis, was presenting. At that point, in the 2002 Act, when city academies were replaced by the concept of academies, there was a distinct intention that the academy movement should be broadened. I think that is right. Therefore, what is being proposed by the Government is also right.

I make another point in support of my noble friend Lady Perry, who spoke about the Bill’s role in tackling failing schools. Clause 4 covers academy orders, which are directly targeted at the failure which exists within many local authority areas. The noble Baroness may have mentioned from the Front Bench that it is almost a divine right that every child in a local authority area will have access to good quality education. However, we know for a fact that that is not happening. That is why the Bill is necessary.

I register an interest as a former director of four academies. The other point is that the existing academies were invariably quickly oversubscribed. The notion that they were open to all was, again, not true. That is why we need a big expansion of the programme. We also need new schools. The other point was about ability. As I recall, there was certainly a provision, which still exists, to say that the academies could select up to 10 per cent of their pupils on the basis of aptitude in the school’s specialism. Again, that element is there. I see that the Bill has merely continued that.

The amendment probably falls into the category of “brave try”. As a former Shadow Front Bench spokesman, I know that brave tries are our lot in life. However, the term “academy” is a sound one, which should continue and be extended.

Academies Bill [HL]

Lord Bates Excerpts

Monday 21st June 2010 Lords Chamber

[Lord Phillips of Sudbury]

My Lords, I hope that I am not going to spoil the party by referring to the first two or three amendments in this odd group. The debate seems to have become about the composition of school governing bodies which, as far as I can see, is the subject of a later group of amendments. Never mind; we soldier on.

The first two amendments in the group seek to amend the words at the start of the Bill:

“The Secretary of State may enter into Academy arrangements with any person”.

“Any person” seems an unambitious expression and one wonders why it should not, for example, say, “Any charity”. I understood the Minister to say earlier without equivocation—this is how I read the Bill—that only a charity can be “the other party” for the purposes of academy arrangements. If we were to get technical—which is what we are supposed to do in this House—we would consider the Interpretation Act, which states, I think I am right in saying, that “any person” is any corporate entity or any individual person. It does not, for example, cover unincorporated trusts—and a great many charities are just that.

If I had been kinder I would have raised these issues with the Minister before the debate, so I do not expect him to answer directly. However, I strongly recommend that the phrase “any charity” should be substituted for “any person”. That would be happier, clearer and avoid the technical argument I have touched on.

[Lord Bates]

Following on from the previous speaker, I should like further clarification on the rules concerning the new schools. It is desirable that the Bill should encompass all three types of new schools. This would, first, allow the best schools to become better by freeing them up; secondly, tackle the failing schools through the academy orders in Clause 4; and, thirdly, make provision for the new schools so that they, too, can become academies. It would be tidy if those three elements could be within the Bill.

We do not need to be too anxious about the burden that this will place upon the Government. Taking things in context, the brief on the Bill pack prepared by the House of Commons includes two or three helpful sections on new schools. It states that currently 19 per cent of the 3,200 secondary schools are judged to be outstanding and will qualify for the fast track. So that is potentially 600 schools out of 20,000. At the other end, depending on how you define inadequate Ofsted reports for longer than a year, there are about 100 failing schools. So, added together, that makes approximately 700 schools out of 20,000.

In the document Raising the Bar; Narrowing the Gap, which was the discussion Green Paper of the Government when they were in opposition, it was anticipated that the total number of new schools—roughly about 300 to 400—would be equivalent to about 220,000 places. I mention this for two reasons. First, all of the proposed changes might touch upon, potentially, 5 per cent of the total cohort of schools within the country. Therefore, the sense that this will send shockwaves through the entire system is unfounded and it is perhaps unfair to concern people about that. Secondly, the catchment areas of the new schools—

[Baroness Morgan of Drefelin]

When the noble Lord refers to “new schools”, does he mean free schools?

[Lord Bates]

The terminology is getting to us all. I do mean that. I come from an inner city urban area on Tyneside and it happened quite regularly that, where you had a failing school in a suburban area, dissatisfied parents who could afford to, or opted to, would take over an old large Victorian terraced house and its grounds—we have all seen them—and set up a new independent fee-paying school. The parents who could afford to opt out of the system would then pay fees for their children to go to that school. This movement still exists and is happening within the private sector. I cannot understand how anyone who has a passion for narrowing the gap and giving greater opportunity could possibly object to it. We should do all of these things in inner city areas and make them free and available to everyone. That would be entirely laudable.

I wish to make two other brief points, the first of which relates to catchment areas. If there is going to be a greater number of schools, broadening catchment areas would be a good thing. When the city technology colleges were established, they covered not only one entire local education authority area but often encompassed two or three. In other words, if the parents were prepared to undertake the duty of getting their child to school and it was not going to damage the child’s education, it was deemed acceptable for the child to attend there. Where there is greater choice the catchment areas need to be broadened. The noble Baroness, Lady Morgan, rightly made the point that narrow catchment areas could have too severe an effect on neighbouring schools.

The final point on which I seek clarification from the Minister concerns the properties that could be used. There are many buildings in inner city areas—including, many educational buildings—under the control of local authorities. Indeed, where they have a surplus of places they are paying additional money for them. Does my noble friend agree that local authorities should look at their existing stock of prepared educational establishments, embrace this change and, where there is a surplus, hand over existing buildings to a new school provider? That would give the authority an additional income and would mean that the provider was not forced into premises that might not be suitable.

[The Parliamentary Under-Secretary of State for Schools (Lord Hill of Oareford)]

My Lords, it has been wide-ranging debate. As the noble Lord, Lord Phillips, pointed out, we have in some ways already got on to some of the issues that we will discuss in later groups of amendments. We can pursue them in greater detail then. Given how wide-ranging the debate has been, it would perhaps be helpful if I briefly restated the amendments and their purpose.

Amendments 2 and 3 would mean that academy arrangements could be made only with the governing body of an existing school rather than any other group. They are linked in this group to Amendment 24, which would mean that, for future academies, the academy proprietor would have to ensure that its governing body was not controlled by a majority of parents of pupils at the academy—which was the point made by the noble Lord, Lord Northbourne.

Amendment 13 seeks to ensure that the SEN annex of an academy agreement, which sets out the school’s detailed obligations in relation to pupils with SEN, would apply also to the arrangements for academy financial assistance. Amendment 33 seeks to prescribe in the Bill that the academy agreement includes details of the roles, composition and continuance of the governing body. Amendment 76 seeks to ensure that academy funding agreements include additional provisions on SEN, including a requirement to comply with special educational needs legislation and regulations as if it were a maintained school.

Perhaps I may start with Amendments 2 and 3. The Government want to make it easier for teachers, charities, educational groups and groups of parents to start new academies. As the 2005 White Paper stated:

“We believe parents should have greater power to drive the new system: it should be easier for them to replace the leadership or set up new schools where they are dissatisfied with existing schools”.

We debated that earlier. I do not feel that I need to go through much of it again.

I should make it clear to the noble Baroness, Lady Morgan—I think that my noble friend Lord Greaves also raised the point—that a free school could be regulated either through a funding agreement or a grant under Section 14 of the 2002 Act. In both cases, similar requirements will be placed on free schools as are placed on academies which convert from a maintained school. The only difference would be more flexibility in relation to the length of the funding period, a point that I made in our earlier debate on the Urgent Question. The more flexible arrangement would be used mainly in cases where new providers did not have a previous track record.

--- Later in debate ---

[Lord Mackay of Clashfern]

My Lords, it seems to me that there is a good deal to be said for consultation in this area, in accordance with the spirit of what was said in relation to the big society, as the right reverend Prelate the Bishop of Liverpool has pointed out. I am sure that we very much support what the noble Lord, Lord Adonis, said about the desirability of reducing the impact of litigation in this area, as that could at best produce only bitterness. Although it might provide rewards for some, it is not a particularly attractive process. Perhaps the consultation should be the responsibility of the Secretary of State rather than of one of the parties given that consultation originated by the Secretary of State, on an application being made to him or her, would be more likely to be regarded as proper consultation than would consultation initiated by the party making the application. Open-mindedness is implicit in the notion of consultation and I am not certain that a party wanting to make an application would necessarily have sufficient detachment to make the consultation effective.

[Lord Bates]

My Lords, following that point, we need to be clear what we are consulting about. There has to be meaningful consultation in this regard. If we are dealing with a school judged outstanding by Ofsted, and the governing body and the head teacher have said that they wish to apply for academy status because they believe that it will give them greater freedom, then what exactly is there to consult about? There seems to me to be a strong case there. I noted the comments made about the right of children to be consulted under the UN Convention on the Rights of the Child. However, who consulted the children when a school was failing? Where was their voice then? Who came round with a clipboard saying, “Tell me what you think about the fact that you’re getting 20 per cent five A to Cs when the guys up the road are getting 60 and 70 per cent?” We have to be clear about what the consultation seeks to achieve and be absolutely sure that we are not trying to delay a process. The noble Lord, Lord Adonis, and his successor wrestled with that process in relation to the academy programme. Consultation could sometimes go on for years while schools were failing. Where a school body has an outstanding record, the process should be allowed to proceed on the say-so of its governing body. However, where a school is failing, in my view the governing body has forgone any rights in that regard and the Secretary of State has a right to intervene. That is in the best interests of children and parents.

[Lord Greaves]

My Lords, I fundamentally disagree with the eloquent but mistaken case that the noble Lord, Lord Bates, has just put forward. I discussed the matter this weekend with two chairs of school governing bodies in the area where I live. One of the schools is not sure what to do but has probably made further investigations and is therefore probably on the Government’s list of those schools that have made inquiries. It would rather not take this step but is wondering whether it will be forced to do so because otherwise it will be bad for the school. However, schools should not take this step for that reason. The second school has said plainly that it will not apply, no matter how good it is, because it does not want to break its links with the local authority. That is the school’s decision. Just because a school is outstanding does not mean that it is the right thing for that school to become an academy. A decision has to be made by the people connected with the school and, in my view, by the local community as a whole. As the noble Lord, Lord Adonis, said, if the proposal does not have considerable local support, it is unlikely to succeed.

I have a further amendment on this matter in the next group. As well as being confused about other things in the Bill, I am confused about today’s groupings, which all seem to be mixed up. Unfortunately I was stranded in Yorkshire this morning—the overhead wires were down in the Keighley area, and now I cannot even ask the noble Lord, Lord Adonis, to intervene in the situation—so I could not get here in time to sort out the groupings in relation to my amendments. Noble Lords will therefore have to listen to me again on the next grouping.

However, the issue of the wider community—to which I referred at Second Reading, in comments to which the noble Baroness, Lady Royall, kindly referred—is crucial and must be addressed. That would address some of the problems which the noble Lord referred to in terms of getting it right. Of course you have to get it right. However, I do not agree that the principle of consultation should not be in the Bill because the specific amendments which have been put forward are not quite right. I think that the Government will find it a great deal easier to get support for the Bill, and to get it through Parliament a bit quicker, if they are prepared to look very seriously at this issue.

The real problem is that the Secretary of State, Michael Gove, whom I admire in many ways, is a man with a rather revolutionary mission on this and other matters. Although I am all in favour of revolution, I am a liberal, and revolution must be based on two things. First, it has to be evolutionary—however revolutionary the end product is—and you must get there slowly or fairly slowly. Secondly, you have to take people with you. A sort of Leninist revolution whereby there is a leadership which everyone follows, and if people do not follow it someone such as Stalin comes along and makes them follow, is not the way forward. You must take people with you. A good process of consultation and debate locally among interest groups such as teachers, who have a legitimate interest in the school, and the wider community, is crucial.

The Secretary of State has impaled himself on a problem by setting September as the date by when the first new academies should be set up. Looking at the parliamentary timetable, I am not sure that this legislation can get through by September—not because it will be blocked or obstructed, but simply because of the time that it takes to reach the statute book. There is talk of bringing the Commons back, but if the Commons makes a few changes to the Bill, it will have to come back here, which would mean that it will not go through until we come back in October, unless we are all to be dragged back here screaming in September to get the Bill through in the interests of the revolution. I am not sure that the House of Lords is a body which usually marches behind revolutions—but who knows?

The Government must get themselves off this hook on which they have impaled themselves. They should accept that to do it properly—and it has to be done properly if it is going to work—it will take a bit longer. That is not delaying the legislation by years. Clearly that would be ridiculous. We need a sensible timetable, a sensible way of doing it, and a sensible way of getting local communities—all the people involved in the school, and other schools—to understand and to come to agreements on what is going to happen. If the process is done on the basis of a school selfishly and aggressively breaking away, it will not work. If it is done by agreement among people locally that this is an evolutionary way forward that will probably lead to other schools in the area becoming academies in due course, and if it is done in a sensible and organised way, then it might work.

Academies Bill [HL]

Lord Bates Excerpts

Monday 21st June 2010 Lords Chamber

[Lord Whitty]

I owe the noble Lord, Lord Baker, at least a brief response since he took us back not only to 1988 but to the 1950s. I read his article about technical colleges and I have some sympathy with it because, for the record, I am strongly in favour of local authorities. But that does not mean that I am against choice and diversity of provision. I do not think that the local authority has to provide everything or that everybody who works at the local authority school has to be employed by the local authority. That is not my position. My position is that the local authority should have oversight. The local authority is responsible for the community and the future of that community. However, the amendment that the noble Lords, Lord Phillips and Lord Greaves, and I are proposing is much more modest. It simply says that the local authority should be consulted, and that these things should be taken into account.

Despite a wide-ranging difference of ideological approach between the noble Lord, Lord Baker, and me, the actual answer to these amendments is relatively restricted. It emphasises the importance of local authorities. Unless the Bill keeps in mind that local authorities are big players in this game, there will be conflict and difficulties.

The other point that I would make to the noble Lord, Lord Baker is that much of what he was describing is not what is being proposed by this Government but what was being enacted by the previous Government. In other words, they were seeing schools that were failing and areas where the local authority was performing badly overall. They introduced academies into that context. I do not totally agree with it, but I sympathise and understand the motivation for that. But what the Minister and his boss Michael Gove are proposing is almost the opposite. They are saying that all schools can apply, but they will take the outstanding ones first. They will automatically take the outstanding schools away from the role of the local authority and leave it to manage the less good schools.

That is an inversion of how the noble Lord, Lord Baker, described the motivation for establishing academies. To some extent, it is an inversion of what the previous Government were attempting to do with the academies that they established. That is the part of the strategy I object to. But I repeat that our amendment is much more modest. I hope that the Minister can at least accept one of our amendments.

[Lord Bates]

My Lords, we should be grateful to the noble Lord, Lord Phillips, for tabling Amendment 4 and giving us the opportunity to look again at Clause 1(6)(d), because there is a potential difficulty for the Government down the line. We intend to provide freedom for people to establish schools, yet paragraph (d) says that,

“the school provides education for pupils who are wholly or mainly drawn from the area in which the school is situated”.

The noble Lord, Lord Baker, has just spoken. Of course, the city technology colleges were successful because they did not have that restriction. There was nothing to say that they had to “wholly or mainly” draw pupils from the area of the school. Therefore, they could draw them from a wider area, which was how they became beacon schools.

From my reading, Swedish schools are not subject to the same restrictions in terms of having to draw from very narrow boundaries. There is a potential risk, particularly in the primary sector as distinct from the secondary sector, of deleterious effects on neighbouring schools. I ask my noble friend to look again at the wording of that clause and see whether “wholly or mainly” needs to be included or whether a general statement about pupils being drawn from the area in which the school is situated would suffice.

[Lord Hill of Oareford]

My Lords, there have been times in the past half an hour or so when I thought that I should contract my job out to the noble Lords, Lord Adonis and Lord Baker, and I have been sitting here feeling rather redundant. Between them, they made many of the points that I hoped to make, perhaps more briefly but no doubt less forcefully and persuasively and argued with far less experience, in my case, than that which noble Lords bring to bear. Both their contributions very eloquently made the core point that I would like to make in response, particularly to Amendment 4.

Generally, these amendments probe the Government’s intentions in relation to local authorities and the effect of academy orders on local provision, particularly in circumstances in which a large number of maintained schools wish to convert within a single local authority. We also have a specific amendment to do with new schools, to which I shall come in a moment.

We had an earlier discussion about consultation, which noble Lords will be relieved to know I do not intend to rehash. I said in the light of those comments earlier that I would ponder further and, in doing so, think about the points made to me by my noble friend Lord Greaves. We expect schools to consult parents, staff and pupils.

I move to one general point that touches on the points made by my noble friend Lord Baker and the noble Lord, Lord Adonis. I think that it is the case—and I am discovering this already with anything to do with academy proposals—that there is no shortage of people coming forward when there are academy proposals, making their views known. The local press tend to make their views known and local groups make their views known very forcefully. Groups of parents not in favour of conversion make their views known and groups in favour make their views known. It is not as though currently these academy proposals are considered in a vacuum or in some kind of Trappist silence. I am sure that that vigorous debate in which local people, whoever they are, make their views known as widely as possible will continue.

Our point of principle in this Bill is that schools that want to pursue academy status should have that freedom. Others have made that case far more forcefully than I am able to do or need to rehearse.

On the point of the role of localism, which in the coalition we discuss frequently and to which the noble Lord, Lord Whitty, referred, the debate will clearly continue. People have different views on what localism means and how it should be represented and policed—if that is the right word. With the Bill, we think that individual schools—

Academies Bill [HL]

Lord Bates Excerpts

Monday 7th June 2010 Lords Chamber

[Lord Bates]

My Lords, it is a privilege to speak in this debate for a number of reasons. The first is that it is terrific to welcome an Education Minister back to the government Front Bench after the rebranding and renaming of that department. It states quite clearly what the department is about. It is great to have an Education Minister and an education Bill. The second is that the Academies Bill is clearly focused. It has just 16 clauses and two schedules. It is an outstanding example of what legislation should be. It is clear and focused, which is significant because it reduces the potential for reams of Department for Education guidance and other edicts to interpret what the Minister said or should have said at Second Reading, in Committee or at Third Reading. It allows clarity about what is intended from the Bill.

I also welcome my noble friend to the Front Bench because of the skills he brings. He has significant experience of government from the inside—the Civil Service end. That will be important because there needs to be a sense of urgency about what the Bill is trying to achieve with its two-pronged strategy. We will improve education overall in the country by doing two things: by freeing people at the top to be able to excel and improve beyond what they are currently doing and by directing attention to the bottom to try to raise standards there. I shall return to Clause 4, which particularly refers to academy orders, the main focus of the Bill. It is also a great statement for this new coalition Government to have an education Bill as the first Bill to be considered in this House. I am particularly proud that it is starting here and that this coalition Government are putting education at the heart of what they are about.

Much has been said about what goes into making a successful school and academy. People have rightly focused on the fact that outstanding teaching makes a major contribution. However, there are other elements. There is discipline within the school. I know that in a cosy world we do not like to focus on it too much, but if children in the classroom are prepared to listen and teachers do not have to spend their time on crowd control but can deliver their lessons, the chances of success are increased immeasurably.

There is also the added value of the leadership that comes from the sponsor. I found the speech made by the noble Lord, Lord Harris, inspiring because of what has been achieved in the schools, academies and city technology colleges that he has set up. It brought in one of the most critical dimensions: the importance of expectations. I grew up in an inner-city comprehensive school in Gateshead on Tyneside. There was a world of expectation there, not for the academic side, but about football matches. There was an expectation that people would succeed and that the school would perform well in a sporting capacity. Not surprisingly, the school produced many great footballers, among them Paul Gascoigne. What would happen if you shifted the same expectation on to academic standards in maths, English and science? What could you achieve? A lot of people at that time took the view: “Be careful. If people are from a tough background, they cannot necessarily achieve or excel”. The reality is that whatever you expect is often what you get. If you go in expecting academic excellence, and expect people to compete for places at Oxbridge and at Russell group universities and to go on to be scientists, professors or partners in global law firms, that is what you will get. If you go in expecting them not to do that and to fail, that is what you will get. Expectations are critical in this area.

I will focus on two elements. I very much enjoyed the contribution, as I always do, from my noble friend Lord Baker, who initiated this process with the city technology colleges, which were a huge success in Gateshead, where I was. The performance of that local education authority took it from being about 115th out of about 116 in the country at one point to being 10th in the country. That was an outstanding performance. The city technology college—the Emmanuel City Technology College, of which I had the privilege of serving as a director for some time—was a beacon of excellence. It was outstanding to see what it achieved.

My noble friend the Minister might like to consider another element: catchment areas. This has not necessarily been touched on yet, so I will introduce it as a concept. The city technology colleges had wide catchment areas. You were allowed to apply to go to one from a broad area, so parents and children had to choose seriously to go to a given school. That act in itself made a huge difference to the school and the atmosphere in it. Immediately the school was filled with people who had one thing in common; they all wanted to be there. That makes a difference. Currently, you go to the school that is nearest and no thought is given to which school is best for your child. When people shop around for a car, a fridge or a flat screen TV, they do not just go to the shop that is nearest to them; they shop around seriously. When it comes to a child’s education, which is one of the most important things that can ever be provided for, it behoves them to look at different options and to find a school that will be suitable and bring out the best in their child.

My final point relates to the definition of a failing school and the circumstances in which the Secretary of State may issue an academy order. Clause 4 refers back to the Education and Inspections Act 2006, which stipulates in Section 60(3) that a school is eligible to be considered for that intervention if,

“the standards that the pupils might in all the circumstances reasonably be expected to attain”,

were low. That does not have the clarity that I enjoyed in the Bill. There is a need for an objective standard, which could be what Ed Balls set out as Secretary of State almost two years ago to the day when he said that there should be 30 per cent A to C grades, including in English and maths. He said:

“We don’t want to see excuses about poor performance, what we want to see is clear plans to raise standards in every school with a clear expectation that if by 2011 there are still schools stuck below 30 per cent ... and there’s not been a radical transformation at that point, our expectation will be that the school closes and reopens as a national challenge trust or academy”.

There seems to be remarkable cross-party consensus here. I would say to my noble friend the Minister that that was a clear statement from the previous Secretary of State—why do we not take it as read? He was referring to potentially 635 schools which failed that test nearly two years ago. We should say to those schools in those areas, “You have had your chance and you had your notice from the previous Government. If you fail to reach that standard by next year, you will be handed over to another education provider”—which I hope will be very much like that led by my noble friend Lord Harris.