Education (Exemption from School Inspection) (England) Regulations 2012

Debate between Lord Hill of Oareford and Baroness Morris of Yardley

Tuesday 17th July 2012 Lords Chamber

[Baroness Morris of Yardley]

Why are the data less reliable with those schools than they are with non-special schools? That has been the thrust of the Minister’s argument: that data are strong enough for us to be able to take this course of action. The data are the same for the special schools, so what is the problem?

[Lord Hill of Oareford]

There are some harder judgments to make about some of the children who might typically be in special schools or pupil referrals. That is a fair point. Given the particular sensitivity about those schools we would prefer to proceed cautiously in that respect.

At bottom, this is an argument about trust, not just about trust in schools—and I am not seeking to make a political point—but about whether we feel that we can trust Ofsted to do its job. There is a difference of opinion between us over the meaning of “proportionate”. What the Government have been doing has been made possible by the great increase in information that we have encouraged, as well as by the further strengthening of risk assessment that has been put in place, partly as a result of concerns expressed by Members of this House. It is no more than a logical expansion of developments in recent years. I commend the steps that we have taken to the House.

Education Bill

Debate between Lord Hill of Oareford and Baroness Morris of Yardley

Wednesday 14th September 2011 Grand Committee

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

My Lords, I agree with what the noble Baroness, Lady Jones of Whitchurch, and my noble friend Lord Storey said about the importance of a high-quality professional teaching workforce. As the noble Baroness said, in some of our earlier debates in Committee we have talked about some of the Government’s plans for improving teacher quality such as raising the bar for entrants to ITT, strengthening performance management arrangements, our proposals for teaching schools and the expansion of Teach First, which the previous Government introduced and to which I shall come back in a moment.

I am grateful to the right reverend Prelate for mentioning continuing professional training. I agree with him and the noble Baroness, Lady Hughes of Stretford, about the importance of that. We have also asked the Coates review to revise and improve the standards that underpin QTS, and we have announced that we will adopt the clearer and more focused standards recommended by the review. Therefore, we are not talking about some wholesale move away from a commitment to the highest possible standards. As the noble Baroness, Lady Jones, said, we require academies to employ teachers with QTS through their funding agreements. The decision not to require QTS for all staff in free schools is simply intended to allow the possibility of greater innovation at the edges of the maintained sector. We have done this because we are keen to give free schools the ability to recruit experienced teachers who might have a background in FE, the higher education sectors, the independent sector or in other walks of life, who can bring their wider experience to bear in the classroom. It may be a way of getting—I have seen this in a school where I was a governor—a brilliant mathematician with a brilliant degree into teaching more speedily when there is a desperate need. It may be a way—this point was raised by my noble friend Lord Storey—of getting people from the Armed Forces, who might be able to engage particularly well with teenage boys. There are practical cases at the margins where this extra flexibility might help.

As the noble Baroness, Lady Jones, will recall, during the passage of the Academies Act we made commitments to ensure that additional safeguards are in place for vulnerable groups regardless of the type of school they attend. The free school funding agreement requires free schools to appoint a special educational needs co-ordinator and a designated teacher with responsibility for children in care, who hold qualified teacher status.

My next point links with the more general point made by the right reverend Prelate. Free school applications have to undergo a rigorous assessment process and have to demonstrate how they intend to deliver the highest quality of teaching and learning. However, as he argued, more generally they will be directly accountable to their parent and pupil bodies for the quality of education provided. Clearly, they will want to provide the highest quality education both in order to be approved and to continue to succeed. Like other academies and state-funded schools, they will be required to collect performance data and publish their results, and they will be inspected by Ofsted under the same framework that applies to all publicly funded schools, including on safeguarding. As free schools are intended to respond to parental demand for change in local education provision, it will be incumbent on free school academy trusts to ensure that their teaching staff are properly equipped to deliver their particular educational vision.

The core of the Government’s argument is that all Governments seek to innovate. The previous Government took the decision to set up Teach First, which is an innovation I applaud; it was intended to bring about more flexible entry into the profession. I am sure that at the time there were some people who argued that this was a dangerous innovation, and I am glad to say that the previous Government persevered with it. We see this as being no different. It is a modest innovation, it is a permissive measure, and it is subject to the strict accountability measures that I have set out. I therefore ask the noble Baroness, Lady Jones, to withdraw her amendment.

[Baroness Morris of Yardley]

My Lords, with respect, I am not convinced by the Minister’s arguments. I agree with people who have said that there is room for people without qualified teacher status in the classroom. They can bring a lot to the school and they have a set of experiences and often a set of qualifications that are not QTS, but which lend themselves to effective and imaginative teaching. I am pretty sure that that provision is in the 2002 Act, but I could be wrong. So we have that flexibility.

This measure causes me some difficulty, and that is why I wanted to wait until the Minister had spoken. Given that that exists already, and that probably everybody here could cite examples of people without QTS who are effectively teaching in schools—we have had a lot of examples already—what is going to change? This is primary legislation we are talking about. It is not sufficient to say that this measure allows something at the edges, a fraying of the boundaries, a bit of give and take. With respect, that is not good enough for primary legislation. It is about laying down what is allowed and what is not allowed.

Secondly, if this really is not much—if it is just a bit more blurring of the edges, on top of the blurring of the edges that was set up in 2002—why free schools? Is the Minister saying that these people have nothing to offer to academies, have nothing to offer to maintained schools? Let us just think about it. We could have an example—let me be kind—of a brilliant person with suitable non-teaching qualifications who wants to and is willing to teach this nation’s children. The only place they could do that is a free school. Why should the Government stop children in 99.9 per cent of the system being able to benefit from that teacher’s experience?

I think the Minister is caught between two extremes. Either it is nothing, so put it everywhere—just say. One way might be to produce an edict saying, “Remember that there are people other than those with QTS who can work alongside those with QTS and good leaders in our schools, and we welcome you and please populate our schools”. Or it really is a shift in the law that is going to draw the boundary in a different place in terms of the qualifications that teachers need. If it is the latter, with respect again, we need more than we have had so far about where those boundaries will be drawn. Saying that it is a bit of fraying it at the edges, a bit of give and take is not really good enough for primary legislation.

Education Bill

Debate between Lord Hill of Oareford and Baroness Morris of Yardley

Monday 18th July 2011 Grand Committee

[Lord Hill of Oareford]

My Lords, this is our second debate this afternoon on faith. Like the last one, it has been thoughtful and stimulating. I want to start with the comments of the right reverend Prelate the Bishop of Lichfield who reminded us first about the tradition of the churches and other faiths providing education being a longstanding one in our country. He also wisely warned us against the dangers of generalisation.

There have been a couple of times this afternoon where we have teetered on the edge of generalisation, and the right reverend Prelate sensibly and calmly brought us back from that. He also used powerful evidence to show the contribution that faith schools make. It is the Government’s position that they provide high quality school places and, as we have heard from a number of noble Lords, that they increase choice for parents and that they secure better results overall, which is one of the reasons why they are popular with parents.

Therefore, my starting point in replying is to say that I will, perhaps not surprisingly, be arguing for the status quo. We think that faith schools should be able to teach according to the tenets of their faith and to have admissions policies that reflect that ethos. The right of parents to have their children educated in accordance with their religious beliefs is enshrined in the European Convention on Human Rights, as we have heard, and we are committed to maintaining that right. The exceptions in the Equality Act that have been discussed today exist to allow faith schools to continue to provide education in an environment conducive to their religious ethos and in accordance with parents’ wishes. We see no reason to remove them.

However, those exceptions do not mean that schools with a religious character can discriminate at will. All maintained schools and academies must comply with the schools admissions code, as we have already discussed. They may give priority to applicants of a particular faith only when oversubscribed and they must admit all applicants without reference to faith-based or any other criteria when they cannot fill all their places. Schools with a religious character, irrespective of their faith, are subject to the same checks and inspections as all other schools and, as the right reverend Prelate pointed out, many of these schools have a very good record of reaching out to their local communities and promoting diversity. I remember that Church of England schools score more highly on community cohesion than community schools, which is a fact worth reminding ourselves of.

So far as maintained schools converting to academies are concerned, we set out the principle at the time of the Academies Act that they should convert on an as is basis. Therefore, the process of conversion to become an academy is not in itself a way of increasing the number of faith places available. New academies, including free schools—this is a question I was asked by the noble Baroness, Lady Massey of Darwen—will be able to apply faith-based admissions criteria only to a maximum of 50 per cent of their pupils and, again, only if they are oversubscribed. We were clear about that at the passage of the Academies Act, and I am happy to restate that today.

Overall, we see no reason to change the operation of maintained faith schools and academies. As many noble Lords have said, things are evolving in their own way. They are popular with parents, they are beneficial for pupils and they are an important part of the education landscape. However, we recognise that we need to strike a balance. That is why, with the expansion of the academies, we have been careful to ensure that there is no overloading of the system with religious-based schooling, which is why we have put in the 50 per cent limit.

I think we have struck a fair balance and that faith schools have served us well. I would therefore ask the—

[Baroness Morris of Yardley]

I agree entirely with the position the Minister has outlined. I just want to invite him to explore one point on which I think the Committee would like some reassurance. It is the point raised, to some extent, by the noble Lord, Lord Baker. The position that the Minister has just defended is the position as it was up to 10 or 15 years ago, and a lot of schools with faiths other than those which we are used to seeing are now coming into the system.

I remember at a meeting or two ago of this Committee that the Minister gave an assurance that he would not let creationist schools go ahead, and that is a religion. Yet his opening comments, however, were about the degree to which a religion is right to teach their faith in school. As we move forward—and there are more schools with a religion other than those with which we are familiar—how worried is the Minister and what actions is he taking to make sure that the position he is at ease with now continues?

Education Bill

Debate between Lord Hill of Oareford and Baroness Morris of Yardley

Wednesday 13th July 2011 Grand Committee

[Lord Hill of Oareford]

It is not the case that the teaching of creationism in science, for example, is possible in academies because I believe that there are safeguards in place to prevent it. Further, there are various ways through the funding agreement by which one can exercise control. The basic point about freedom over the curriculum is that, through the funding agreement, academies need to provide a broad and balanced curriculum that includes English, maths and science. That is the degree of specificity over the governance.

[Baroness Morris of Yardley]

The Minister’s answer to his noble friend’s question is substantially right in that if a school tried to teach creationism, something would happen to prevent that. I accept that. But I thought his comments on how that would happen were interesting. He said that something in the funding agreement would stop it. I cannot imagine that a funding agreement would be drawn up merely to prevent creationism being taught in a school, which leads me to believe that the agreement also gives the Secretary of State further influence and powers over the curriculum in academies. Can he explain what those powers are and how they might be used?

Education Bill

Debate between Lord Hill of Oareford and Baroness Morris of Yardley

Wednesday 6th July 2011 Grand Committee

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

My Lords, I am grateful to the noble Earl, Lord Listowel, for raising the issue of teacher quality and continuing professional development. We have heard that evidence from practitioners—which can be supported, as if that were needed, by a study by McKinsey—has found that the most successful education systems are characterised by strong systems of professional development, high levels of lesson observation, as the noble Earl argued, and continuing performance management. Also understood is the importance of teachers learning from the best and applying appropriate changes to their own teaching practice. Our approach to CPD and leadership training for teachers is based on that evidence. We are keen to improve the capacity of schools to take the lead for the training and development of teachers, and to create more opportunities for peer-to-peer training.

A key part of our overall proposals is the creation of a new network of teaching schools. This will help give outstanding schools the role of leading the training and professional development of teachers and head teachers so that all schools have access to high-quality professional and leadership development. We have also set up an independent review of teacher standards led by outstanding head teachers and teachers, whom we have asked to recommend to us new standards of competence and conduct for teachers. We hope that these standards will underpin our proposed reformed performance management system to make it easier for teachers to identify their development needs. The terms of reference for the standards review specifically require the standards to include the management of poor behaviour.

The noble Earl also suggested that teachers should have to be qualified in child development and behaviour management. I completely agree that these issues are of the utmost importance. Those points were made by the noble Baroness, Lady Hughes of Stretford, and by my noble friend Lord Elton. Training in relation to these issues is already included in all initial teacher training and trainees must demonstrate their knowledge and skills in these areas in order to attain qualified teacher status. However, I was struck by the points made by my noble friend and by the noble Baroness, Lady Hughes, and I will follow up those points with my honourable friend Mr Gibb, who is the Minister responsible for this area. I hope that the noble Earl will also be pleased to know that the Training and Development Agency for Schools has recently developed and put in place a package of support to improve training in behaviour management for all teachers.

The noble Earl also raised the important question of classroom observation. Again, I agree with him—as I think do all noble Lords—about the importance of that. We are keen to encourage more teachers to take part in school-based collaborative and peer-to-peer professional development and to get feedback on their own practice. That is one of the reasons why we are taking steps to remove the so-called three-hour limit that the current performance management regulations place on the amount of time that a teacher can be observed. I know that these are probing amendments but, as regards some of the specific suggestions, I agree with the points made by a number of noble Lords that a requirement to undertake a minimum amount of 50 hours of CPD is not the route down which we want to go, but I know that he was seeking to elucidate the broader points.

My noble friend Lord Lexden raised the important issue of partnership working between schools in the independent and maintained sectors. I am sure that we can all think of lots of examples where that is going on. I agree with him that it would be good to see even more of that. We are working with groups in the independent sector such as the Independent Schools Council and the independent state school partnership forum to explore how we can get more partnership working between schools in the independent and maintained sectors. As he said, schools from the independent sector can apply for teaching school designation. I think that three independent schools have already made such an application.

It is also the case that independent schools can apply to the education endowment fund that helps support new approaches to raise the attainment of disadvantaged pupils in maintained schools that are below the floor standard. I hope that will be another area that will please my noble friend, as we are trying to build closer relationships and break down some of these barriers that have divided the sectors. As regards his specific amendment, however, he may not be completely surprised to discover that a statutory and particularly prescriptive approach is not one to which I am attracted. However, I would certainly be very keen to do all that I can to bring the two sectors together.

The noble Baroness, Lady Howe, asked about the quality of offenders’ education. I am afraid that I am not able to reply to her specific points but I will follow that up with the Ministry of Justice to see whether we can get her an answer on those.

There is clearly broad agreement that raising the quality of teaching is important. I hope that I have reassured the noble Earl that there are plans in place to improve this aspect of the education system. We are keen to raise teacher quality by creating the conditions in which schools and teachers take responsibility for driving their own improvement, as has been discussed. In thanking the noble Earl very much for—

[Baroness Morris of Yardley]

Perhaps I might ask one brief question about the second part of the amendment tabled by the noble Lord, Lord Lexden. If my reading is right, teachers in the independent sector would have access to training on the same terms as those in the state sector, which would mean that the state would pay for their professional development, or at least some elements of it. The two of us have had discussions about this over the past 15 years. I would be surprised if the Minister responded positively, but the fact that he has not responded at all has left a question mark in my mind about his views.

Education Bill

Debate between Lord Hill of Oareford and Baroness Morris of Yardley

Monday 4th July 2011 Grand Committee

[Baroness Morris of Yardley]

My Lords, the noble Lord is right. The power to innovate gives schools the right to ask whether they can be covered by this piece of legislation. You do that in advance; you do not do it because you want to keep a child in that night. I support what the noble Lord is saying, which is that the Government are making the case that only a small number of schools will use this power. If it is so important to them, looking across the array of legal powers they want to take themselves, if they think the most important thing is that they can keep children in on the same day, the power is there to do it. The noble Lord is absolutely right. The point is that this legislation leaves so many loopholes and so many risks of children not being safely looked after. We do not need to take that risk. If a school thinks it is important to them, they can apply for the power to innovate in advance. My understanding is that they have the power for five years.

[Lord Hill of Oareford]

I am the Minister who is in receipt of applications for powers to innovate. I have not been overwhelmed over the last year and a half by applications for powers to innovate. It may be there but the point is that for it to be there it is a more complicated process than it ought to be. Every school would have to apply individually. They apply to officials and officials put up submissions and Ministers decide and opine and then the power to innovate, like Zeus, is given. It is time-limited.

As a way of dealing with the issue, if one accepts that this is a permissive power, as it clearly is, and if you say to schools that all those that might want to use this power have to go through the rather cumbersome and protracted process of applying for a power to innovate, no one will go through the process of applying. They will say that this has been made difficult for them, whereas something that is simple, which gives them the opportunity and which applies to all—to choose either to use or not to use—with safeguards in place, seems a more rational way than making every school try individually.

Education Bill

Debate between Lord Hill of Oareford and Baroness Morris of Yardley

Thursday 30th June 2011 Grand Committee

[Baroness Morris of Yardley]

My Lords, I support my noble friend. I was not going to speak, but this important point strays into another agenda that is relevant here because we could be doing something that is not great. When I have visited schools, I have seen that mobile phones present a real issue—a huge potential advantage and a current problem. Schools are struggling to know what to do.

Coincidentally, on Tuesday I was in a good secondary school in Cambridge that, to be honest, was not faced with huge behavioural problems. I accept that it was not your average challenged secondary school. Its approach to mobile phones gave a clue as to how important they will be on the information technology agenda. Given that the Government do not have much of an IT agenda, with the abolition of Becta we must look at what schools are doing on that. I hope that in the coming months we might get to the point technologically at which we can as a society support schools in using devices such as mobile phones as an essential part of learning in school and with links to home.

That is not for now and that agenda is not quite here at the moment. I would hate to do anything now that would give a message that would make it difficult for some unconfident schools to move along that road in future years.

[Lord Hill of Oareford]

I shall try to reply briefly to some of those points. I agree with the point made by my noble friend Lord Storey and the noble Baroness, Lady Morris, that one must be careful not to legislate in a blanket fashion that stores up problems for later. I listen in particular to my noble friend Lord Storey because he knows what he is talking about. He has day-to-day direct involvement and we should listen carefully to his reminder of the problems faced by schools. However, I also accept that a lot of technology can be used for good or for ill. That is to do with what people make of it rather than with the nature of the technology.

In answer to the noble Baroness, Lady Hughes, our purpose in a number of these approaches is to give individual schools discretion in what to do, taking their circumstances into account. On the regulations that list the items mentioned by the noble Baroness, we have not laid them before the House because I thought that it was important first to take these issues through the House and Committee and to have this debate. We are not seeking to have a blanket ban on mobile phones, but we want to reach the point at which schools can exercise discretion. More generally, the Government will need to take into account the points that have been raised.

Free Schools Policy

Debate between Lord Hill of Oareford and Baroness Morris of Yardley

Monday 21st June 2010 Lords Chamber

[Lord Hill of Oareford]

The overriding imperative in this policy is to attempt, where there is poor provision, to give teachers’ groups and parents the chance to improve the quality of teaching as rapidly as possible. Our starting point in this is that every year that passes is another school year that has been missed out and another generation of children who are falling behind. I understand entirely the points that my noble friend Lord Greaves makes. However, in the balance between perfect provision, carefully planned, and giving groups greater opportunity to start the urgent work of improving the teaching for children who need it most in areas of greatest disadvantage, we come down on the side of more flexibility over premises rather than going for the full, perfect Monty.

[Baroness Morris of Yardley]

My Lords, will the Minister say a little more about parent-led free schools? We all want parents to be involved in the education of their children, because the more involved they are the better, but I see two problems. If parents set up a school, the contract they let to a provider could be as long as seven years. Within that time, there could have been 100 per cent changeover of parents at the school. The further point is that the parents who are the original promoters of the school may not even get their children into the school if an oversubscription criterion of, for example, a ballot were used. So there could be a situation in which the original parent promoters do not have children in schools, and within three to four years the percentage of parents with any say or influence at all over how the school meets its contract is very low. Will the Minister explain his thoughts on that?

[Lord Hill of Oareford]

I am grateful for the points made by the noble Baroness, Lady Morris. The truth in this, as with a lot of these things, is that the announcement made on Friday kicked off the process. There will be all sorts of important practical considerations that that process will throw up. Officials in the department, assisted by the New Schools Network, will be thrashing through those considerations and coming to Ministers with recommendations on the back of the process. These kinds of points—which are extremely important; I do not belittle them in any way at all—will need to be thought through as part of the process.

Academies Bill [HL]

Debate between Lord Hill of Oareford and Baroness Morris of Yardley

Monday 21st June 2010 Lords Chamber

[Baroness Morris of Yardley]

Will the Minister please answer the specific question I asked?

[Lord Hill of Oareford]

I apologise to the noble Baroness, Lady Morris, as I wrote myself a note to do so. The general point is related to the notion that all schools can apply for academy status, not just the outstanding ones. I can see the logic of the noble Baroness’s argument: that if a school is already highly performing, the ability to make the kinds of improvement that the original wave of academies have made may be slightly more reduced. Given the intention that in time all schools, not just those in the outstanding category, will be able to apply explains more broadly why there is the opportunity for that uplift. I will need to write to the noble Baroness on her specific question about the maths and how officials came up with that figure.