Academies Bill [Lords]

Debate between Lord Coaker and Bill Esterson

Monday 26th July 2010 Commons Chamber

[Vernon Coaker]

Some local authorities have been a problem, but not just Labour authorities—Conservative local authorities have also stood in the way of academy development. One pays a price for local democracy and involving local authorities: sometimes it means that people pursue educational options in their area that one does not agree with. That is the point I was making when I asked the Minister whether localism is fine only as long as it goes along with the Government’s policy objectives.

There are all sorts of unanswered questions about consultation, many of which the hon. Member for Portsmouth South has laid out. What happens to local authorities? What happens to the money? What happens regarding special needs? Who is vetting the consultation that takes place? Who knows what is going on? How will the school funding proposals that have been published today affect what is going on? There are all sorts of issues to be discussed.

[Bill Esterson]

May I take my hon. Friend back to the primary capital programme and the democracy in that process, which the hon. Member for Brigg and Goole (Andrew Percy) asked about? In the Tory-run authority in which I was the opposition spokesman on children’s services, there was a lot of opposition to some proposals and only a thorough consultation process brought up that opposition and showed the flaws in the plan. The council rejected them and the adjudicator, whose role my hon. Friend the Member for Gateshead (Ian Mearns) has mentioned, had to get involved. The checks and balances were in place in that process as they were in the School Standards and Framework Act 1998.

[Vernon Coaker]

My hon. Friend makes a self-evident and good point, and identifies some of the problems regarding the difference between what happened before and what will happen under the Bill’s measures. There are a huge number of questions that the Minister needs to answer.

On consultation, it would help if the Government and the Minister answered named day written questions, including a large number that are specifically relevant to this whole process and our discussions on consultation. I have 11 named-day questions for last Monday that have not yet been answered by the Department. Not all of them are relevant to this debate—[Interruption.] The Front Benchers are now debating who is responsible; I am afraid that it involves both Conservative and Liberal Democrat Ministers. Some of those questions are specific to today’s debate on consultation, so for the Department to talk about consultation, procedure and correct processes when I still have not received the answers to questions for which the named day was last Monday—[Interruption.] The Minister says that I have had a holding response: on Monday 19 July, for 11 of my questions, I received the reply, “I will reply as soon as possible,” from him and his colleagues. I do not know whether anyone else has experienced this problem, but given that the measures are being pushed through Parliament at significant speed, all hon. Members need the answers to their named day questions so that information that might inform our discussions is available.

With that, I shall simply say that we will support amendment 8 if the hon. Member for Southport pushes it to a vote, and I give notice that we would like to put amendment 78 to a vote.

[Bill Esterson]

I want to talk about consultation in relation to my experience as an opposition spokesman for children’s services, particularly in relation to pre and post-decision consultation and three academies that the council pushed through. The Tory-run council in Medway decided not to consult until decisions had been taken, which caused consternation and all sorts of problems with the wider community, not just parents. I think that was a precursor to what is happening with this legislation. It was only the involvement of the then Ministers with responsibility for schools standards, including my hon. Friend the Member for Gedling (Vernon Coaker), that enabled us to have proper consultation before decisions were finally taken and to ensure that the assurances that the local community sought were addressed. My concern is that the proposed measures will cause what happened in Medway to be repeated across the country.

Academies Bill [Lords]

Debate between Lord Coaker and Bill Esterson

Thursday 22nd July 2010 Commons Chamber

[Vernon Coaker]

I very much agree and it is important, given that the Government will not amend the Bill, for the Minister to read into the record the criterion that will be used to assess whether a young person has low incidence special needs. I say this as someone who thinks that it is very brave of the Government to propose the measure. But as the hon. Member for Portsmouth South (Mr Hancock) said, if there is no defining criterion, we will have a well-intentioned measure, but what will it mean? That is extremely important.

There was a big discussion in the House of Lords and the measure was included in the Bill. A large number of Lords spoke about it and said that it was important. The Government accepted that but the situation has moved on. The hon. Member for Portsmouth South is right; for a local authority or school to be obliged to support a young person with low incidence special needs, do they need a statement? If not, there is no legal obligation—I am not an expert on these laws—on the school or authority to provide anything for that child. Yet everybody, including the Government—they have included it in the clause—thinks that there are young people with low incidence special needs who need additional support that they are not getting through the system.

This is a real problem for the Government to address; it is crucial. I am not trying to be smart or trying to attack; I am just saying that if we want to improve the Bill and we want to make a difference to those with low incidence special needs, as the hon. Member for Portsmouth South said, we have to try to define that, at the very least by the Minister reading it into the record.

[Bill Esterson (Sefton Central) (Lab)]

I wanted to add to the points about low incidence special needs, as there are other reasons why it is important to spell out the protection of services provided centrally. In those councils where the cancellation of centrally provided services has taken place on the assumption that schools would buy services back in, there has been a failure to take up that buy-back option, which affects SEN in particular but also other services. That is an important reason why we need that protection to be in the Bill. If not, as my hon. Friend says, Ministers need to take the matter on board so that there is robust protection for centrally provided services. Otherwise, those services will disappear.

[Vernon Coaker]

I agree with my hon. Friend who re-emphasises my point. This is part of the tension within the Bill; independence is to be given to schools. Some may agree with that; we have difficulties with the haste with which it is being done. But what mechanism is there to ensure that local authorities provide for these young people in a way that gives them the support they need?

--- Later in debate ---

[Vernon Coaker]

That is right. The issue is not only the quantity of support services for children with special educational needs, but their quality. There is also the issue of the effectiveness of some interventions. This big area of debate is no doubt outside the scope of what we are discussing at the moment, but the hon. Gentleman is absolutely right about the provision of quality.

[Bill Esterson]

Whether we are talking about SEN provision, looked-after children, educational psychologists, behavioural support or other issues, what concerns me and many other Members is how we guarantee that the support will be there when it is needed, whether at school or centrally. There is also the matter of whether that can be legislated for or not. The Minister was beginning to drive at that point in his last intervention. That is what I want to hear about and I am sure that other Members are thinking the same thing.

[Vernon Coaker]

I agree with my hon. Friend; no doubt the Minister will try to pick up that issue in his remarks.

How will special educational needs be monitored? What is the role of the Young People’s Learning Agency? How will schools get help? How effective is the YPLA in respect of the quality of local, centrally provided services? What experience and expertise does the agency have? How will we ensure that all these things are effectively fulfilled? How much will it all cost? Who will be responsible for intervening if a school is not offering effective provision? How will the Secretary of State know that something is not being done? Who would make the decision about any of these failures? There is a huge raft of questions that I hope the Minister can begin to address.

Our amendment is simple. It tries to ensure that a decision is made about the effect on the provision of centrally provided services of decisions about what money should go to individual schools. At the heart of that is the need for better information from the Government about where the balance should be. The amendment seeks to clarify the situation by saying that we must retain sufficient resources at a central level within the local authority to provide the necessary level of support and help for children with special educational needs, notwithstanding that the Bill will delegate large sums to them. What will be the impact of that? It is a leap in the dark—we simply do not know. Frankly, the Government have not provided the level of detail that the Committee requires because they have not had time to do so.