Academies Bill [HL]
Lord Bishop of Lincoln Excerpts(14 years, 5 months ago)
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Lord Lucas
My Lords, in this group I have Amendment 10A, which follows on from the discussion in Committee about the effects of Clause 1(6)(d). My noble friend Lord Hill said that paragraph (d) would not prevent an academy from reaching out to areas that were not in its immediate vicinity in order to broaden its intake. It would not prevent a grammar school that became an academy from maintaining its current and typically wide catchment area. Also, to take it even further, it would not prevent an academy from being or becoming a boarding school. I asked my noble friend what, under those circumstances, the paragraph would prevent that the Government wish to prevent. He has not replied, so I presume that there is nothing and that therefore the paragraph has no function. That is my reason for returning to the matter on Report.
On the amendment tabled by the noble Baroness, Lady Royall, the crucial bit of the model academy funding agreement appears to me to be clause 12(c). Reading that, I do not see what in the agreement—although, like my noble friend Lady Walmsley, I have not parsed it as carefully as I might—updates the requirement as the general admissions requirements change. It seems to me that an academy that was created tomorrow would be for ever stuck with today’s admissions arrangements, even if we improved them in a year’s time. I do not see what in the model funding agreement rolls the requirements forward. That would also apply to SEN requirements and other matters that are dealt with in clause 12. I would be grateful if my noble friend could give me some comfort about what keeps academies current.
The Lord Bishop of Lincoln
My Lords, I imagine that your Lordships would expect me to intervene to speak in particular about the clause on religious character, but I have a couple of other comments to make on this group of amendments. By virtue of the scars that I bear from the age of 11, I am not particularly a fan of selective education. My primary school appealed against my having passed the 11-plus, which these days would probably be actionable under human rights legislation. I am Bishop of a diocese where the county still operates a selective system, but I am still not a great fan of it. My instinct is to support any amendment that is likely to result in the Academies Bill not giving selective education a fairer wind than it already has in some parts of the country.
I do not particularly want to go there. However, I will speak to the amendment tabled by the noble Lord, Lord Lucas. I take his point and I tabled an amendment to that subsection in Committee. You might think that we would be all in favour of any proposals that freed up the potential for church schools to recruit their faith members from as wide a field as possible. However, I can only reiterate what I have said at various stages of the Bill: we are in the business of providing schools not to accommodate those who are paid-up members of the Church of England but, rather, to be instrumental in providing first-class education in some of the most deprived areas of the country. We can say only that if there are no limits on the ability of a school to admit pupils geographically, our ability to deliver on our title deeds in education—which are now nearly 200 years old—would be seriously attenuated. So I am very anxious that there should remain in the Bill a clear understanding that there should not be any attempt to liberate the admissions policy to accommodate just any pupils from anywhere.
More important is Amendment 32B in the name of the noble Baroness, Lady Walmsley. My comments on this are threefold. First, some of us have been urging on the Government, in respect of several clauses in the Bill, that the avoidance of doubt might be a good idea, and so to include something even if it is implicit elsewhere. Let us make it explicit in the Bill. I have a great deal of sympathy for any amendment which seems to be about the avoidance of doubt. Let us give the governing body the chance to make a clear statement as to whether it wishes to continue as a school of religious character. Secondly, however, this could become very difficult. In Clause 3(2), (3) and (4) on foundation schools, there is a requirement to consult the foundation before an application for academy status is made. I am getting rather confused about this. If we pass this amendment, at which stage does the governing body say that it does not want to be a school of religious character any more? If it then consults the foundation, which is by definition committed to the religious character of the school, I can see only confusion here.
My most important point is the third one. I have tried, as have other noble Lords, to avoid using the Bill as a vehicle either to expand or dilute the particular existing character of a school. There may well be a case for doing either or both of those things, but this is not the way to do it. The Bill is about something quite different in terms of the overall structural arrangements made for our schools in the future. I therefore urge the Minister to resist Amendment 32B, if for no other reason than that he would thereby be resisting a Trojan horse approach to the Bill. Although a Trojan horse proved successful on one occasion, as those who know their ancient history will realise, nobody came out of it with much credit.
The Earl of Listowel
My Lords, Amendment 10C follows an amendment to the Bill that I tabled in Committee. It would put admissions to academies on the same basis as those to maintained schools. I am bringing this back at this stage because I was grateful to the Minister for his helpful letter on this point, and I wanted to give him the opportunity to put on record what he said in that letter. I am very grateful for the pains he has taken to clarify this point. I am also grateful for the special measures that he has taken with regard to SEN. However, listening to the opening statement of the noble Baroness, Lady Royall, on this group of amendments, I remain concerned. I declare my interest as a trustee of the fostering and adoption voluntary agency, TACT, which works in England, Scotland and Wales.
It was a great step forward when the previous Administration some years ago made the admission of children in care to schools an absolute priority. I was troubled to hear the noble Baroness talk about admissions interviews. I am reminded of a concern that many foster parents will not feel particularly pushy for their children; they have other concerns. If it were possible for the Minister to say that he will at least consider including in the annual report an assessment of any impact on the admissions of looked-after children to academy schools, that would be comforting. I look forward to his response.
Lord Knight of Weymouth
My Lords, I want to comment on this only briefly because much of what I wanted to say about the importance of personal, social, health and economic education has already been made clear by my noble friends Lady Massey and Lady Gould, as well as by the other contributors. But I would say gently to the noble Baroness, Lady Walmsley, that if we pass this amendment, all the proposals of the previous Government, with whom I was associated, can be implemented, certainly in academies. I would say to the noble Baroness, Lady Perry, that the consistency that she thinks there is in the quality of PSHE education is something I would question. The reason why I began the review of sexual and relationship education in our schools was as a result of the Youth Parliament carrying out a survey to which it received an unprecedented 20,000 responses. The vast majority said that the quality of sex and relationship education they received in school was inadequate.
I am not referring to the Clause 28 part of the funding agreement which says that there should be,
“sex and relationship education to ensure that children [of the academy] are protected from inappropriate teaching materials and they learn the nature of marriage and its importance for family life and for bringing up children”.
That may be a part of it, but it is an incredibly partial interpretation of the importance of sex and relationship education. If we are going to tackle early teenage pregnancy and sexually transmitted diseases, good and consistent PSHE in all our schools is crucial so that we can support parents and those children who are not getting that sort of education at home.
At the instigation of my right honourable friend Ed Balls, I co-chaired a review with the Youth Parliament and the principal of Newcastle College, which included representatives of all the faith groups in this country and health organisations, including sexual health organisations. Remarkably, we achieved a consensus about how we should go forward—which is a great tribute to the various representatives—in the most sensitive area of PSHE: sexual relationship education. I received a standing ovation in the middle of a speech—the only time it has happened to me—and people were crying when I announced that we would make it compulsory to have sexual relationship education in all schools. The people who teach the subject of association understand its vital importance and it was sad that it was lost in the wash-up prior to the election. I hope that we can make progress by passing the amendment today.
The Lord Bishop of Lincoln
My Lords, I am pleased to follow the noble Lord, Lord Knight, because, as he will recall, our board of education was anxious to work with the then Government on that Bill. We were very supportive of what was emerging in the Bill and we were as saddened as others by its eventual fate. I therefore thank the noble Baroness, Lady Massey, for bringing forward the amendment—and I do not always say that about her amendments. However, I do on this one because everyone in the House, as we have heard, has good reason to be sympathetic to the principle of PSHE and wishes to see it delivered, at the highest possible standards, across our education system.
That may prompt noble Lords to ask why the church so often seems to be in the forefront of those resisting this kind of development. It is a good question. I do not always appreciate the answers I get from within my own constituency but, at the heart of it all, something needs to be said in this debate before we get carried away with all the positives and affirmatives: there are implications for some of our understandings of childhood and we must not go down the Pollyanna school of pedagogy. None the less, we all appreciate that something gets lost when some elements of children’s education come in earlier than is perhaps appropriate to the well-being of the child at quite an early age.
The motives of the noble Baroness, Lady Massey, are honourable and I support the underlying principle, but I do so in the spirit of the noble Baroness, Lady Walmsley, for two reasons. First, there is not much detail in the amendment and I need to know a great deal more about what is described here as PHSE. At what age will it be introduced? As the Academies Bill will affect primary as well as secondary schools, the question of age kicks in. I want to know more about its content and whether it will be consistently provided across the country and by whom. All this seems to be within the purview of the curriculum review, to which the noble Baroness, Lady Walmsley, has referred. Out of that may come more detail which will enable some of us to give a fair wind to the spirit of the amendment.
I wonder whether this is the place to pursue this important agenda, partly because, as the noble Lord, Lord Knight, the noble Baroness, Lady Perry, and others, have said, it applies only to academies. If it is as good as many believe it is, it ought to be good for all, not only for some. I would support a process that would enable this to become part of the agenda for all our children and not only for some who happen to be in schools which have converted to academy status. While I support wholeheartedly the spirit of the amendment, I would not be able to go into the Lobby with the noble Baroness, Lady Massey, for those reasons.
I look forward to the debate continuing and to engaging with this Government, as we did with the last, to achieve something that will be for the common good of all our children. We want them to experience and enjoy relationships, as given by God, so that they can have fulfilled lives—sexually, in terms of their health, in terms of their economic management and, most of all, in terms of their personal well-being and delivery of their potential.
Baroness Howe of Idlicote
My Lords, this has been a stimulating and diverse debate. I thank the noble Baroness, Lady Massey, for her amendment. Academies have the advantage of being able to teach in a way that they think appropriate to their pupils. That would be a plus in making PSHE a curriculum requirement and we could get it started in the academy set-up.
I agree that it is sad that PSHE has not been included in the curriculum as a result of bits being struck out of rushed legislation in the final days of the previous Government. However, that is as it may be; I can see no reason why we should not start with this Bill and see at a later stage whether it needs extending. The noble Baroness, Lady Perry, said that PSHE is taught in practically every school, yet we hear from the noble Lord, Lord Knight, that it is taught neither well nor in a way that young people approve of and can gain from. So it is clear that there is a need for rather greater teacher training, too.
I am only sad that my noble friend Lord Northbourne is not here, because he would have stressed, as have I on previous occasions, that here is an ideal framework within which to teach parenting. I am talking not just about relationships with one’s own parents but also, and much more importantly, about the relationship that a parent will have with their children and their responsibilities to the rising generation. That will be of enormous value to young people when they think about whether to use contraceptives at the age of 10 or, better still, to refrain from sex altogether. When I was chair of the Broadcasting Standards Commission some way back, a lot of issues of this kind were brought to us by worried and concerned parents. What children see on television today, and sometimes even hear on the radio, is enough to make it important that we educate children as early as possible to deal with these situations.
My thanks still go to the mover of the amendment. If we are pushed to a vote on it, my instinct will be to go into the Lobby with her. In the mean time, we all need to think about even more ways in which we can get over the important message behind all this.
Academies Bill [HL]
Lord Bishop of Lincoln Excerpts(14 years, 5 months ago)
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Lord Knight of Weymouth
My Lords, I support the amendment and the comments of the two previous speakers. It is an important amendment in the context of yesterday’s announcement on Building Schools for the Future. I shall be interested to hear the Minister’s comments, given that Building Schools for the Future began in those areas of greatest educational need. By definition, those are the same areas where parental dissatisfaction is likely to be highest and where parents are most likely to want to start their own free school academies. That raises the scenario of brand new, state-of-the-art, beautifully designed schools effectively having to close down because parents send their children somewhere else and the schools end up being white elephants. That would be a scandalous misuse of resources. I shall be interested in the Minister’s comments and hope that he will support his noble friend’s amendment.
The Lord Bishop of Lincoln
My Lords, I also support the amendment for two reasons. First, building on the comments of the noble Baroness, Lady Williams, we are anxious that church schools should be part of a network of choice to those for whom a faith school or an alternative could be their choice. That demands a degree of planning and the amendment would ensure that the Secretary of State took account of a range of possibilities when considering the provision of schools in an area. Secondly, one of our concerns about the Bill in general is the removal of the local authority interest in ensuring a degree of overview or strategic planning. The amendment at least goes some way towards mitigating the consequences of that omission.
Baroness Walmsley
My Lords, I support the amendment, although I did not get round to adding my name to it, for which I apologise to my noble friend. The amendment is one of the best that we see on Report because it evolved from an amendment—I think Amendment 4—that my noble friend tabled in Committee. The Minister pointed out that, if my noble friend’s initial amendment were carried, no academy could be formed if there was to be any effect on any school in the local area, whether good or bad. My noble friend’s amendment has evolved to enable the Secretary of State to take into account whether any good local schools will be adversely affected by the creation of a new academy.
My noble friend’s amendment is particularly important given that government Amendment 30, which is about consultation, refers only to existing schools converting into academies and not to brand-new schools. When a brand-new school is introduced, the local community will have to rely on the common sense of the Secretary of State to make sure that that school does not take all the pupils from other perfectly good schools in the locality.
My noble friend’s amendment comes out of his experience in Suffolk, which I think he mentioned in Committee. I, too, have been approached by one of my honourable friends in another place, Mr Don Foster, the Member of Parliament for Bath. He has had similar problems with an academy that was created under the Labour Government and is having an effect on very good schools locally. Of course, we must not underestimate the effect of the view that the grass is greener on the other side of the fence. A new school, which seems to offer something novel, especially if it has a shiny new building, could well take pupils from other schools that really do not deserve to lose them. The amendment would give the Secretary of State the discretion that he requires, in the Bill, so that we can all be reassured that he will take these matters into consideration when looking at an application.
The Lord Bishop of Lincoln
The noble Baroness, Lady Williams, has kindly referred to the percentage of Church of England primary schools—over one-third. I declare an interest as chair of the Church of England’s board of education, which has oversight of our care for those schools.
I support this amendment. Like the noble Lord, Lord Hunt, I do not do so because I oppose in principle the possibility of primary schools becoming academies. We can see circumstances in which that may well be appropriate. Rather, it is about ensuring that we do not rush to do something quickly at the expense of doing something well.
There is potential here for real improvement to the Bill if further thought is given to some of the detail that has emerged. I pay tribute to the Minister and the Secretary of State for their willingness to engage with us in a detailed way about some of the implications that in certain cases were foreseen but in other cases have emerged as the conversations have developed. All that seems to point to saying, “If it is possible for there to be a little longer to go on having those conversations to arrive at something even better than what the Government have in mind, then surely that must be as much in the Government’s interest as it is in the interests of those for whom the Bill is being promoted”.
In the dioceses, it is our diocesan directors of education who have an immediate care for the church schools—in the diocese of Lincoln we have 150 primary schools—and they met yesterday. They were very encouraged by this amendment having been tabled. Again, this is not because they are opposed in principle—the point is that they are not entirely sure what they might be asked to promote or oppose when it comes to advising the schools for which they have a care—but because they want to know more, they want to be clear and they want to know that the details have been sorted. Then they will be in a position to provide such support, encouragement and advocacy as may be appropriate to take forward this legislation.
What is there that is lost here? Very little time in the overall scheme of things. What is gained? Perhaps a great deal that could prove to be, in the long run, in the best interests of our children and even our children’s children. If that is the case, we as a revising Chamber will have done our job, which is to have enabled a little more time to be taken, so that something which might well have been done quickly will be done more slowly, but will be done well.
Baroness Perry of Southwark
My Lords, I almost feel that I should declare an interest. As the daughter of a primary school head, I feel my mother’s ire rising in my bones, particularly when the noble Lord, Lord Hunt, mentioned the lack of managerial capacity in primary schools. That may well be true in some small primary schools. However, not only are there are many which have extremely intelligent, competent and well educated heads and deputy heads in charge, but even a small primary school has a governing body. Exactly as the noble Baroness, Lady Williams, said, many of these primary schools, particularly in rural communities, are at the heart of the community and can attract very senior and experienced businesspeople and professionals from the community to their governing bodies and the chairmanship of those bodies. Therefore, they do not lack that kind of hard-edged business experience in running their affairs. The right reverend Prelate mentioned the primary schools in his own diocese. I have had two meetings in the past two weeks with church primary schools, both of which are very keen to become academies quickly. I also met their chairmen of governors, who were very competent and in both cases well able to cope with the business affairs that would be involved in running an academy. We should not underestimate the importance of governors in this whole pattern.
The right reverend Prelate’s final point about the one-third of primary schools that are church schools seems important. They have a diocesan board of education; they are a natural federation to start with. At one of the meetings that I referred to, the diocesan director of education was present. She outlined the various ways in which she could support schools in the diocese that become academies. There will be a natural leadership in the diocese, coming from the diocesan board, which in many cases replicates the sort of support—perhaps not financially, but in other ways—which a local authority has previously given to schools.
Finally, in urging that we write delay into the Bill, it seems that we totally forget that any application to become an academy goes to the Secretary of State and his civil servants. He has the power to delay an application, to turn it down entirely or to tell somebody to come back. If a primary school with 23 pupils says that it would like to be an academy, I imagine that the department would perhaps say, “No, unless you come back in a federation with five or six other schools and proper arrangements in place”. The Secretary of State is a wise and intelligent person, with wise and intelligent civil servants, who will make sure that approval is given only to those primary schools—as to all schools—which can convince him and his civil servants that they are able, in all sorts of ways, to take on the responsibilities of becoming an academy. It is already in the Bill that the Secretary of State will be in charge of that approval. We do not need to write in delay. The Secretary of State has the power to enforce delay on those that are not fit.
I do not think that these amendments are necessary. There are already many ways in which the safeguards that we all seek for the primary school academies are built into the structure.
Academies Bill [HL]
Lord Bishop of Lincoln Excerpts(14 years, 6 months ago)
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“and will ensure in respect of Academies with a religious designation that existing legislative provisions for maintained schools designated with a religious character, as they relate to admissions, the employment of staff and the curriculum, shall apply”
The Lord Bishop of Lincoln
The amendments in this group standing in my name are Amendments 12, 60, 107, 121,122 and 166.
One of the themes running through this debate is the powers that will be undertaken by the Secretary of State and the way that reassurances need to be very clear, perhaps even need to be in the Bill, to enable those who feel a little anxious about accountability issues to feel much more confident about the way forward. My amendments are in that spirit.
I speak as chair of the Church of England’s board of education and therefore declare an interest. As I have said in your Lordships’ House before, the Church of England is the leading provider of academies. It has 34,000 students in its academies, virtually all of which are in areas of social deprivation. That is why the Church of England is involved in academies and wishes to go on supporting them. It has good will towards the philosophy of academies and what they stand for, but does not want to compromise its commitment to improving standards in deprived areas or the fact that its academies are denominational academies with a faith character.
These amendments try to ensure that the Church of England feels confident in encouraging the many denominational schools in which it has a care to explore this possibility. They are sympathetic amendments and seek to be friendly. We are grateful for the reassurances that have already been given by the Minister. If the way that he has dealt with those of us who have raised concerns with him in personal interviews or in letters is indicative of the way that the business of this Government will proceed in this House in future, we are extremely glad. However, I think it was Bismarck who said that laws are like sausages: you really do not want to be there when they are being made. I have a sneaking feeling that the Minister is beginning to understand what he meant.
Certain clauses need to be clear for the avoidance of doubt. We do not doubt the intentions—many of them are good intentions—but we need to have clarity. I am reminded of the interesting exchange on Monday between the noble Lords, Lord Adonis and Lord Phillips, about how much clarity terms need in order to justify their place in the Bill. One of those phrases could be a “school of religious character”. What does that mean? Quite clearly, it means its ethos and values, and we cannot legislate for them, but it means other things too, the things to which Amendment 12 refers: religious character or designation—whichever term we use—admissions, terms of employment of staff, curriculum and governance, which has appeared elsewhere in this Committee. Those dimensions can be secured by legislation.
Admissions have been debated on other amendments, and one of my other amendments addresses the curriculum and collective worship. We could do with some clarity on terms of employment. Are we proceeding on the basis of the School Standards and Framework Act 1998 in relation to Sections 58 and 60, which apply to voluntary aided schools and voluntary controlled schools, or are we subject to the provisions in that Act that relate to independent schools? Academies are declared to be independent schools and are presumably subject to those sections, but we need some clarity. What do the Government intend to secure their commitment, articulated in the gracious Speech, to maintain the religious character of schools that convert to academies?
I shall be briefer on my other amendments. Amendment 60 refers to the curriculum and the provision for religious worship that define a school as being of a religious character. We need more than assurances; we need clarity on those matters.
My remaining amendments in the group, Amendments 107, 121, 122 and 166, all contain the same phrase, “relevant religious authority”. For the Church of England, that is a diocesan board of education, and I do not think that anyone who has any real acquaintance with these matters would dispute that the family of church schools is maintained by the diocesan boards of education. I believe the same to be true of Roman Catholic schools and of Jewish schools. There are authorities operating within the denominational organisations that have a relationship with schools that is precious, treasured and to some extent essential if those schools are to deliver to the high standards with which we have become familiar. I therefore want to ensure that the Bill secures the interests of the “relevant religious authority”—in our case, diocesan boards of education—in any consultation and commission. I have to say to the Minister that Roman Catholic authorities, as well as Anglican ones, are expressing a good deal of anxiety at the moment that we may well not encourage schools to take this step without the assurances that these amendments seek. I beg to move.
Baroness Massey of Darwen
My Lords, I will speak to my Amendment 61 on participation in collective worship and religious education, and in doing so declare an interest as a humanist and a vegetarian—so I do not do sausages.
I shall comment in passing on the concerns of the noble Lord, Lord Lucas, and will also speak to my Amendment 133 on the status of state-maintained schools if they become academies. I recognise that Amendments 134 and 135, which were tabled by Members on the Benches opposite, relate to the same matter, so I will not spend too long on them. I also wish to comment on Amendment 12, which was moved by the right reverend Prelate the Bishop of Lincoln.
On Amendment 61, the noble Lord, Lord Lucas, wants the precepts of all major religions in the UK to be taught. I agree that collective worship and RE should be balanced and broad. This education should also include the precepts of humanism and secularism. Sixty-five per cent of 12 to 19 year-olds, according to surveys, are not religious. All children need to learn about non-religious as well as religious beliefs, as we live in a diverse society.
As I said, I am a humanist, and I know that humanism has moral and ethical precepts and a compassionate culture. I respect those from other cultures and other religions, and I hope that they will respect mine. Will the Minister confirm that it is the Government’s view that schools, including academies, should teach non-religious world views as well as religious ones? Will he also confirm that the recent spiritual, moral and cultural non-statutory guidance for independent schools, which was worked on by a wide range of stakeholders, will also apply to independent religious academies? Will previous government guidance that creationism and intelligent design should not be taught in science lessons apply to academies? I realise that I am asking a lot of questions, and I will be happy to receive more detailed answers in writing, but perhaps the Minister has some quick responses.
All state-maintained schools are required to hold a daily act of collective worship and provide religious education. We all know, of course, that many schools approach this with a broad perspective and provide a forum for moral perspectives that are not necessarily religious. At maintained schools, parents are legally entitled to withdraw their children from collective worship and religious education, while sixth-form students can withdraw themselves from collective worship. It is not clear whether these rights of withdrawal will extend to the new academies. Will these current rights be retained?
I will say a brief word on my Amendment 133 to leave out subsections (7) and (8) on page 4, lines 14 to 19. This amendment would remove from the Bill a new provision that automatically converts state-maintained schools with a religious character into an independent school with the same religious character once an academy order has taken effect. However, there is no guarantee that community schools becoming academies will automatically become secular and inclusive.
Lord Hill of Oareford
That is an extremely good question, which I will need to follow up separately with the noble Lord either orally or in writing, in which case I will circulate the letter. The principle of independent schools coming in is that academically they should be not selective but open in their admissions. I will need to follow up that precise point and come back to him.
We expect that in most cases the relevant religious body would be represented on the governing body of the school that converted. I am talking about existing religious schools converting. Therefore, those people would be informed of the Secretary of State’s decision not to issue an order. The relevant religious foundation or trustees would obviously be closely involved in the process and could veto any academy application. In many cases, they would be the people signing the funding agreement as the academy trust. They would be closely involved in all stages of the application process and fully informed of all decisions.
Where there is currently an existing foundation or a trust associated with the predecessor school, we expect those bodies or their representatives, if they wish to, to become members of the new academy trust. That academy trust, once established, would appoint the majority of academy governors. That mirrors the current arrangements for both academy sponsor appointees and the appointment of governors to voluntary aided schools. As members of the trust and as signatories to the academy’s memorandum of association, they would be fully involved in the process of a school becoming an academy. The governance arrangements will be agreed between the Secretary of State and the academy trust and set out in the articles of association. As I explained earlier, the articles cannot be changed unilaterally by either the Secretary of State or the academy trust.
The Bill does not change the required processes in respect of consultation, objection and adjudication on admission agreements for religiously designated academies. A school will continue to be required to consult its religious authority on any changes. Neither will it be affected by our policy on the provision of new non-faith places that a new academy is required to provide at least half of available places to the broader community. The Government’s intention overall is to maintain the current relationship between religious bodies and their schools. My letter to the churches set out that commitment.
If the right reverend Prelate the Bishop of Lincoln would like to discuss this further, I shall be happy to do so. More generally, as I have said on those other important points that have come up, I will do my best to provide further clarification. I hope that I have dealt with the broad issues of what has been a long and interesting debate and I ask the right reverend Prelate to withdraw his amendment.
The Lord Bishop of Lincoln
If I had known what I was embarking on one and a half hours ago, I might have thought twice. However, I am glad that I did not think twice, because we have had a stimulating debate. As the Minister said, we rather drifted away from the Bill and we need to be attentive to the fact that the amendments are specific to the Bill. I, too, was challenged a couple of times to give reassurances, so I am happy to give them. In an act of gross self-promotion I can reassure the noble Baroness, Lady Massey, and others that I have just published a book, No Faith in Religion—£8.99 in all good bookshops. Its very title may lead those noble Lords to think that they and I have more in common than they imagined.
I can reassure the noble Lord, Lord Baker, that we in the Church of England—and, we believe, the Catholic Church—have made a commitment to an extension of what our community expects when widening the business of educational reform. I reassure the Committee that that remains the case. On community cohesion, as has been mentioned, church schools received a good bill of health not long ago. We need to hang on to that fact.
I am grateful to the Minister for the way in which he has dealt with these matters, not least in his gracious summing up. I want to reassure noble Lords that I do not think that my amendments are asking for anything less than what is currently the case. They are certainly not asking for anything more. I sensed in the debate that there was a feeling that more was being asked for on behalf of church schools and other faith schools than is currently the case. That is not so.
I shall withdraw my amendment, but the debate has shown that there needs to be clarity to ensure that those of us who are uncertain of our position can be made more certain. Those who have fears about the place of religious affiliation in education might have those fears allayed if something more were included in the Bill. Having said that, I beg leave to withdraw the amendment.
Lord Adonis
I shall speak to my amendments, Amendments 45, 48 and 49, which are in this group, although they raise issues distinct from those raised under the other amendments. They go to a point of overall principle in terms of the scope of academies, but I wish to raise two specific practical consequences of that principle. The overall principle is the wording of Clause 1(6)(d), which states that academies must be schools which provide,
“education for pupils who are wholly or mainly drawn from the area in which the school is situated”.
This is one of the few cases in which I think that the Bill may be genuinely over-regulating academies. I query whether that provision is necessary. As we said in the previous debate in respect of schools with a religious character, we do not anticipate that schools will change their character by taking on academy status, and of course schools are bound by the admissions code, unless there are specific reasons why not—and I shall come to one specific reason in a moment. Therefore, the huge generality of schools will provide for pupils who live wholly or mainly in the area which the school serves.
The reason why the formulation is here is that, unless you want to bring about a change of policy, statutes tend to replicate previous statutes. The phrase “wholly or mainly” goes back right to the beginning of academies. The Education Reform Act 1988 was the first legislation providing for city technology colleges, which were independent state schools—the name to which the noble Lord, Lord Greaves, takes such exception, but that is what they were called even then. Section 105(2)(b) stipulates that city technology colleges should be,
“for pupils of different abilities who have attained the age of eleven years but not the age of nineteen years and who are wholly or mainly drawn from the area in which the school is situated”.
The purpose behind that is that the noble Lord, Lord Baker, wanted to establish independent state schools with a strong technological focus which served the broad area in which the school was located.
The noble Lord, Lord Bates, who is not in his place, said in our debates on Monday that the catchment areas of some of the original CTCs had contracted. That is true, but it is important to understand that they have contracted by the consent of their governing bodies to changing their admission arrangements, not by the requirements of the law. It is perfectly possible for an academy to draw from a wide area around the school by, for example, the use of banding, or inner and outer catchment areas—there are a lot of established ways in which schools can do that—while abiding entirely by the provisions of statute.
However, I wish to raise two categories of school in this debate which are covered in my Amendments 48 and 49, which sit very uncomfortably with the notion of schools whose pupils must be admitted wholly or mainly from the area in which the school is located. The first is boarding schools, and the second is schools which provide for pupils with exceptional talent in music, dance and the arts.
Let me start with a statement of principle. It is very important for a genuinely comprehensive system of state education that it provides for pupils in those categories. Indeed, we should be expanding the provision of state boarding schools. I am glad that a number of academies are opening boarding houses. It is important that the state system provides for pupils who have a boarding need—those with family circumstances caused by family breakdown or by the nature of parental occupation, for example parents who are in the military—in a way that, let me be blunt, those who have the means can obtain by accessing private schools. It is also vital for a genuinely comprehensive system of education that it can provide for those with exceptional talents in the arts, music and dance. By the nature of those disciplines, that will require attendance, wholly or partly, at separate educational establishments.
The state recognises that at the moment. There are 35 state boarding schools which, for the most part, are excellent schools. Local authorities often pay for pupils to attend wholly private boarding schools. A local authority paid for me to attend a wholly private boarding school because I had a boarding need. I would like to see the number of such places expanded. Through the music and dance scheme funded by the Department for Education, the state also provides for 2,000 exceptionally talented children to attend private schools, including Chetham’s School of Music in Manchester, Elmhurst School for Dance in Birmingham, the Purcell School in Bushey, the Royal Ballet School, Wells Cathedral School and the Yehudi Menuhin School, because they have exceptional talent in music, the arts or dance.
Where do boarding schools and schools for those with exceptional talent in these areas sit in relation to academy status? I shall ask two questions and make a suggestion. If the Minister cannot answer my first question tonight, I would be grateful if he will write to me.
My first question is whether the 35 existing state boarding schools will be able to transfer to academy status. Is the advice of the department’s lawyers that they would satisfy the requirements in the Bill to serve pupils wholly or mainly drawn from the area in which they are located? Looking at the list—and I know a lot of them well—my sense is that some will meet that requirement, but some will not. It would be a good thing if they were all able to meet that requirement. I cannot see, in principle, why any existing state boarding school should not be able to take full advantage of the right to become an academy.
Secondly, will existing private schools that provide a substantial number of places for state-funded pupils through the music and dance scheme be able to join the state system by means of academy status? It would be a good thing if they were able to do so, if they wished, so that we strengthened the capacity of the state education system to be genuinely comprehensive in meeting the needs of pupils with exceptional talent in music, dance and the arts. I imagine the advice that the Minister will get from his lawyers is that schools that educate pupils under the Government’s music and dance scheme will not be eligible for academy status as a means of coming in to the state system because they do not educate pupils drawn wholly or mainly from the area in question. Chetham’s in Manchester is a phenomenal school. I am glad to say that one of the good things that the department has done in recent years is to provide a substantial grant for rebuilding. Pupils come from across the country, and rightly so.
My practical suggestion is that either Clause 1(6)(d) is removed entirely, or that special provisions are inserted into the Bill to enable certain categories of schools which do not provide for pupils who are drawn wholly or mainly from the area in which they are located to become academies. I specifically have in mind boarding schools and schools whose purpose is to educate pupils with exceptional talent in music, dance and the arts. If it is possible, I would be grateful for an opportunity to discuss this further with the Minister to see how we can resolve this issue.
The Lord Bishop of Lincoln
I am very glad to follow the noble Lord, Lord Adonis. I shall speak to Amendments 47 and 127. I agree that the clause to which the noble Lord referred needs to be freed up a bit. Amendment 47 would allow exceptions to pupils being drawn from the local community. At the moment, the clause is very prescriptive, and my amendment would allow a broader intake of pupils. It could also have an impact in other areas, and I declare an interest as it would be of interest to faith groups. On the other hand, I am trying to strengthen the argument for the local community being the main user of these schools by shifting the burden of proof from that they might or might not be community schools to the general rule being that they are. That is why the Church of England is committed to the academies programme. My amendment would secure its interest and would also allow what the noble Lord, Lord Adonis, wants, even though we want to press for something more specific. However, in general terms, we are making a similar point.
If the Minister were to be sympathetic, it would strengthen the arm of those of us in the Church of England who want to be able to say to our people that we are in this business to serve the community, not primarily to further a particular faith position. My amendment would strengthen that position, and I hope that not only would it be of benefit to the Government in implementing the Bill but will help us ensure that our people remain on side when it comes to why we are in the business.
Amendment 127 is rather different. I am fishing in the same waters as the noble Lord, Lord Lucas, in the debate on the previous group and the noble Baroness, Lady Morgan of Huyton, in this group. The amendment is to do with the relationship between academies and other schools. I want to strengthen the Government’s arm when it comes to ensuring—not just hoping for or expecting—that these schools will form partnerships with weaker schools in the vicinity. They will be required to do so, subject to certain exceptions because there will be exceptions. A school could be situated somewhere where there are no other schools close by that are practically able to partner in that way. That is acknowledged in my amendment. The fundamental principle is to beef this up and turn it from hope or expectation to a requirement, with the possibility of exceptions where they might arise in the judgment of the Secretary of State.
Baroness Sharp of Guildford
I shall speak to Amendment 63 which is in my name and that of my noble friends Lady Walmsley and Lady Garden. It is a fairly simple amendment and relates to Clause 1(6)—as my noble friend Lord Greaves said, we are still on Clause 1—which lists the basic characteristics that will be required of schools converting to an academy. In a number of the amendments, we have been discussing further characteristics that noble Lords would like to see attached to this subsection. The purpose of Amendment 63 is to probe what sort of machinery the Government are thinking of for monitoring all these characteristics. In subsection (5), the undertaking is given that these schools will adhere to these characteristics, but we are asking for some sort of monitoring machinery to make sure that they adhere to them, rather than regarding them as something that they agree to when they sign the agreement, but subsequently do not bother about very much. We would like to hear from the Minister precisely what sort of undertakings and monitoring machinery there will be.
I have a lot of sympathy with my noble friend Lord Greaves who wants to eliminate the term “independent school”. When we first started to discuss academies, Tony Blair, when he was Prime Minister, described them as independent state schools. If we are going to have independent state schools, let them be called independent state schools. I always felt that they were an anomaly, and I cannot say that I like them very much. Nevertheless, my noble friend Lord Greaves is absolutely right that it is misleading for the Bill to use the term “independent schools”, which are well understood in this country to mean independent private schools.
The Lord Bishop of Lincoln
I am reluctant to intervene further when the dinner break is approaching and I can see that the Minister is anxious to respond. I have only a few points. I have been prompted to raise the first by the interesting comments of the noble Baroness, Lady Williams, followed by those of the noble Lord, Lord Lucas. Precisely because there seems to be a serious debate, it is possible to reach different conclusions from the same premise. That is a good reason for going quite slowly in relation to primary schools. An issue that has been of concern to noble Lords throughout the Committee stage is what is perceived to be the haste with which this legislation is being progressed. That could be an indication for the Minister that, at least in relation to primary schools, there should be an opportunity to pilot a scheme to see whether this should happen at all. I would say personally that, in promoting the academies agenda, which we are anxious to do, it would be considerably easier if we were working with a timetable that did not address all our schools at once, but allowed for some kind of phasing-in of the initiative so that, when schools go for this option, they do so after due consideration and consultation and in the light of all the circumstances and facts. Finally, talking of facts, although the Minister may not know this off the top of his head, what is the proportion of secondary schools to primary schools among the 1,700 declarations of interest that have been made?
Baroness Sharp of Guildford
Just before the Minister responds, I should say that I have not spoken to Amendments 185A and 188A tabled in my name, among others, because they should not really have been included in this group. I will speak to them separately later.
Academies Bill [HL]
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The Lord Bishop of Lincoln
My Lords, the Church of England has the largest family of academies under the existing provisions, as noble Lords will be aware, and is currently educating 34,000 children from relatively poor areas, so we are interested very much in the points that the noble Baroness, Lady Morgan, is making. As it stands, the Bill encourages her in the line that she has taken. However, as I look through the amendments tabled for us to debate in Committee, I see real potential—if the Minister is minded to accept some of them—for the Bill to enable us to recognise clearly the family resemblance between the new wave of academies and the ones that are now in existence. I await with interest the way that this debate develops. At the moment, I would find it quite easy to support the amendments, but I hope that I will find it very difficult by the end of this process.
Lord Adonis
I begin by paying tribute to the Church of England for the outstanding work that it does in promoting academies. As the right reverend Prelate said, the Church of England is the largest single sponsor of academies. The right reverend Prelate the Bishop of Liverpool and I worked closely on the development of academies in Liverpool and the area around, and they are making marvellous progress, extending opportunity in an area that has not had it in the past.
This is my first opportunity in the House to congratulate the noble Lord, Lord Hill, on his appointment, which I do very warmly indeed. I should also say how glad I am that my noble friends Lady Royall and Lady Morgan are leading on this Bill for the Opposition. They bring a wealth of talent and experience to the task.
My noble friend Lady Morgan raised a number of policy issues about the extension of academies, which I shall leave the Minister to respond to. However, on the specific issue about the legal name that should be given to a certain category of school, I find myself in surprising agreement with the noble Baroness, Lady Walmsley. She and I are survivors from the interminable debates on the Education Act 2005, on which our views did not coincide all the time, particularly on the issue of academies. But she is right that, in terms of legal category, the schools to which the Bill proposes to accord that status have all the essential characteristics of existing academies.
I know that a rose by any other name would smell as sweet but, for two reasons, I do not support this amendment on the name that it gives to a legal category of schools. First, the schools which we are talking about in this Bill are academies in all their essential legal characteristics. They are managed independently of the local authority, on a contract with the Secretary of State that regulates a whole host of their policies and funding and which will be similar to that of existing academies. My noble friend says that academies are schools largely in deprived or challenging circumstances, and she is correct, although I need to point out to the House that that is not the exclusive preserve of academies. A number of entirely new schools have been set up as academies in very mixed social areas and a number of successful schools, including successful independent schools, have come into the state system by using the legal category of academies.
The legal status is clearly set out in Section 65 of the Education Act 2002, which is cast in similar terms to Clause 1. I emphasise the fact that the 2002 Act, which was passed by the last Government, does not specify that academies, in legal terms, can only be schools that pass a threshold either of deprivation or of low achievement. On the contrary, I invite Members of the Committee to look at Section 65, which says:
“The Secretary of State may enter into an agreement with any person under which … that person undertakes to establish and maintain, and to carry on or provide for the carrying on of, an independent school in England with the characteristics mentioned in subsection (2)”.
Those characteristics are that the school,
“has a curriculum satisfying the requirements of section 78 of the Education Act 2002”,
and that it,
“provides education for pupils of different abilities who are wholly or mainly drawn from the area in which the school is situated”.
Those provisions are almost identical to those in the Bill.
If there is no legal distinction between the schools that we are talking about in this Bill and those referred to under the Education Act 2002, is there another public policy reason for us to give a different label to certain schools within a similar legal category? I urge your Lordships not to do so. We already have an alphabet soup of different names for schools within the state system: community schools, foundation schools with a foundation, foundation schools without a foundation, voluntary aided schools, voluntary controlled schools, trust schools, city technology colleges, grammar schools, maintained special schools and non-maintained special schools. If the schools that we are talking about are academies, as they are in their essential legal characteristics, the right thing to do is to call them academies and not to add to the alphabet soup.
Free Schools Policy
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The Lord Bishop of Lincoln
My Lords, does the Minister agree that it would be churlish for the Church of England, in particular, to object in principle to what is being proposed? We enjoy relative freedoms in some of our schools and we would encourage those freedoms being shared more widely. However, as the Minister will recognise and the noble Baroness, Lady Morgan, has indicated, we will need to see the workings.
In relation to accredited providers, am I right in understanding that any parents or community groups seeking to establish a free school will be expected to work with an accredited provider? If that is the case, will the Minister welcome an assurance from the Church of England and other faith groups that we will make available all the experience we have as quite long-standing providers in the field of education? If accredited providers are required to co-operate with such groups, will he bear in mind the readiness of the church to co-operate? Perhaps I may go further and suggest that any prospective group of parents might be encouraged to co-operate with an accredited church provider. There will always be one near to where they are.
Lord Hill of Oareford
I am grateful for those observations. I would be very keen to discuss further the role that the Church of England can play in this. The general approach to providers currently is to make the system as open as possible. However, I shall follow that up further in the future.
Academies Bill [HL]
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Baroness Warnock
My Lords, I support the amendments in my name and that of my noble friend Lord Low. Rightly, they were narrowly focused. At Second Reading, he said:
“Academies are independent schools that are funded directly by the Secretary of State and are accountable mainly through the funding agreement, rather than”,—[Official Report, 7/6/10; col. 514.]
through educational legislation. I am interested in accountability. I strongly support Amendment 13 because it requires that any other—to me, rather mysterious—mode of supplying financial assistance to academies should be as equally open as the contracts that are agreements between the applicant and the Government. I entirely endorse the desire that the noble Lord, Lord Lucas, expressed to see a copy of one of these model agreements.
The issue is about openness and accountability of how much money is being handed over—it will be a considerable amount—and exactly what the academy is committed to providing with that money. This is where I come to my noble friend’s main interest; namely, to seek an assurance that the money must be spent on provision for children with special educational needs. I think that we will come to more detail on that later. I share his feelings that the local authority must retain a good deal of responsibility for the provision of educational facilities for children with special needs, especially in very difficult cases of rare disabilities or multiple disabilities where individual academies could not afford to spend the money required.
There is a good deal of unclarity regarding special educational needs. Parents will be very much confused—perhaps more so if they read today’s Hansard than they were before. Amendment 13 would clarify the position with regard to the accountability of an academy, whatever way it receives its money from the Secretary of State.
The Lord Bishop of Lincoln
My Lords, on this group of amendments, the issue about whether these free schools will be academies could be a trifle academic if the Government are saying that the point of the future trajectory is that all schools should at least have the opportunity to be academies. We need to see this debate within that context.
Much more seriously, I endorse the recommendations that the security of those with special educational needs be affirmed in the Bill. The noble Lord, Lord Low, referred to the avoidance of doubt, and bishops are always up for the avoidance of doubt. There are some issues where it is too risky to leave matters simply to good will or mutual understanding, and special educational needs is one of them. We need to ask the Minister if he will look at ways in which that dimension of academy life can be secured clearly in the Bill.
My third point is to do with governance—not with who can be a governor, but with the purpose of school governors in this brave new world. Many of us have lived through various recensions of governance. I go back to when I was first ordained in the early 1970s and I was a governor of a school. It seemed that the main purpose of the governors was to meet quarterly, hear the head teacher tell us how good the school was, and to pat the head teacher on the head saying, “Jolly good. Keep it up”. It was not long before we saw the development of teacher governors and parent governors. Governing bodies became representative bodies that articulated the range of interests of those with any connection with the school. The role of governors changed quite significantly. Then the most recent Bill of the last Government, just before the election, looked dangerously as though it was tipping towards having governors acting as the Government’s narks. There were going to be requirements for governors to be able to spill the beans and blow the whistle when they thought the head teacher or someone else was not quite up to it. I am sure it will be said that that was not the intention, but that was how it looked. Certainly there was a shift going on in our understanding of governance.
What I ask the Minister is this. Before we even start nailing down categories of people who should be governors, what will we be asking them to do? What will be the role of governors in this new world of academies that is now emerging on the back of the primary wave? I cannot make a decision about the issue of who until I have some understanding of what it is that the governance of academies will entail. What will be the function of the governors? What gifts and qualities will be required of them? We will then be able to answer the question of who might be the most competent people to fulfil that vital role.
Baroness Butler-Sloss
My Lords, I support, first, the amendments tabled by the noble Lord, Lord Low. It is important that special needs are recognised. I also support the amendment of the noble Lord, Lord Northbourne. I have been a governor of a girls’ school and am now a governor of a boys’ school. As a governor of the school to which my daughter went, I was not actually asked to take on the role until she had left. That seems to be the ideal situation because you then have a parent with a real interest in the school but without the rather special interest which is local and time-limited. To have a predominance of parent governors while their own children are in the school would be a retrograde step, so I strongly support the amendment of the noble Lord, Lord Northbourne.
Academies Bill [HL]
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The Lord Bishop of Lincoln
My Lords, I am grateful for the opportunity to contribute to this debate in my capacity as chair of the Church of England Board of Education and the council of the National Society which, next year, celebrates 200 years of delivering excellent education across all communities and throughout the country. I am grateful to the Minister for the way in which he has consulted us and co-operated with us as this Bill has made its way to this particular point in the process.
There is much in this Bill that we welcome. We want to be helpful so that it can be fit for purpose—a phrase already used several times in this debate—and enable us to continue to fulfil our long-standing commitment to first-class education for all as an expression of our calling to promote what Jesus called,
“life in all its fullness”.
The Church of England is the biggest provider of academies—27, with 15 in the pipeline. We are in the business for two reasons only. First, it is a key part of our mission to the most disadvantaged communities in our country. Secondly, it is part of our desire to create 100 new church secondary schools, as recommended by the late Lord Dearing in his report in 2001. Currently, no fewer than 34,000 children, all in areas of significant social deprivation, are being educated in Church of England-sponsored academies.
However, the proposals before us today significantly shift the basis on which we have engaged with the academies programme so far. We identify entirely with the Secretary of State’s desire to encourage greater independence for schools with a good track record, but not if outstanding status is largely attributable to particular admissions policies or at the expense of neighbouring schools. That would skew the academy culture towards the more privileged and away from the more disadvantaged in our society, so the Church of England’s commitment to disadvantaged pupils and their families—the reason for our being in the academies programme at all—would be diluted. We welcome the Minister’s reassurances on that point in terms of the Bill’s intentions but, as it stands, we must remain sceptical.
Of course, we welcome the provisions in the Bill for the automatic transfer of religious character and for the protection of land and title, which mirrors that of the current wave of academies—although there are a number of technical issues about the transfer of land, trust deeds, capital and even VAT to which I am sure that others will refer in this debate and which need further attention.
Whether any of our church schools choose to convert to academy status will be greatly influenced by how such issues are resolved. If in the detail the devil resides, we will definitely be supping with the devil on a regular basis over the next few weeks.
The question of what determines the religious character of the school is key. Ethos, values, and curriculum design will all be of critical significance, but so will three matters directly pertaining to the Bill: governance, admissions and partnerships. Let me spend a little time on each in turn. The Bill gives no detail about governance arrangements for schools converting to academy status. Who will make those decisions, and will the role, rights and influence of the Christian foundation of the school be protected?
With regard to admissions, I note that the Bill provides for current admissions policies to transfer, including for selective grammar schools. The original purpose of academies was for them to be schools for the local neighbourhood and for admissions policies to reflect that. The new wave will include schools drawing in Christian applicants to the possible exclusion of local people. We would encourage the Government to look again at how admissions to academies—not least among them, Church of England academies—can be essentially inclusive rather than otherwise. Again, we hold ourselves in readiness to assist in helping inclusion to be part of the DNA of academies of all kinds.
As for partnerships, we are concerned about how benefits consequent on partnerships between schools and the local authority and, in relation to church schools, the diocesan boards of education can be provided within the new arrangements. That will especially apply to strategic planning for the provision of good quality, well resourced and well funded schools in a particular locality. That is especially important as there is no provision in the Bill for consultation with parents or local communities when academy status is pursued on the fast track.
On the other hand, we warmly welcome the Government’s commitment to encouraging partnerships between high-performing academies and weaker schools. In fact, we would wish that to be a requirement, rather than a mere expectation. I may well press that point in Committee.
How many academies will be created as a result of the Bill, on what timescale, and in which locations remains to be seen. Where this will leave local authorities, schools still in contact with local authorities and schools with very denominationally specific admissions policies remains to be seen. What all these structural changes will actually do to enhance teacher morale and performance and promote effective leadership and governance remains to be seen. Whether these new freedoms deliver fairness and appropriate democratic local accountability remains to be seen, and we look forward to reassurances on those points from the Minister when he sums up the debate.
Finally, the priority given by this new Government to education in our schools is to be welcomed and applauded so long as being seen to do something quickly is not at the expense of being sure of doing it well.