Schools: Pupil Premium

Debate between Lord Hill of Oareford and Lord Lucas

Wednesday 24th October 2012 Lords Chamber

[Lord Hill of Oareford]

My Lords, generally the reform to the special educational needs system through the Bill that the Government will be bringing forward next year will help tackle the needs of all children with special needs more effectively than the current system. Not all those children will be suffering from economic disadvantage, so, in addition, the pupil premium will, I hope, help to tackle that issue. I agree with the noble Lord, Lord Touhig, that we need to make sure that we spread good practice. The Government have a role through things like the Education Endowment Foundation, which is an independent organisation that can spread good practice. We certainly need to make sure that best practice on how money is spent on children with special educational needs is spread through the system.

[Lord Lucas]

My Lords, is my noble friend aware that there is a lively business among private companies in helping kids who have left school with no English or Maths to get up to Level 2 standard and that they charge rather less than a pupil premium for doing it? Does he think that schools might make use of that resource as well as employers?

[Lord Hill of Oareford]

One of the important principles of the pupil premium is that schools can decide how to spend that money. If they are sensible they will go to a range of providers to help to narrow those gaps.

Schools: Admissions

Debate between Lord Hill of Oareford and Lord Lucas

Thursday 14th June 2012 Lords Chamber

[Lord Lucas]

To ask Her Majesty’s Government whether they will allow independent schools, particularly those which were formerly direct-grant grammar schools, to join the state sector on the basis of needs-blind admission.

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

My Lords, the Government already allow high performing independent schools to join the state sector by submitting successful applications to become free schools. Free schools are independent state-funded schools that do not charge fees, must abide by the schools admissions code and are not able to have selective admissions criteria. It would therefore be open to the kind of schools to which my noble friend refers to apply to join the state sector.

--- Later in debate ---

[Lord Lucas]

My Lords, I am sad that my noble friend does not share my disappointment that, after so many decades of pontificating and after my right honourable friend Michael Gove’s speech on the need to rebalance the independent and state sectors, no party seems prepared to engage with an initiative from a trusted intermediary such as the Sutton Trust to take advantage of all the work done under the previous Government to improve the state system and relationships between the state and the independent sector and make a radical change to the balance between state and independent education. Can he offer no hope to the Sutton Trust in its ambition to make a change which will otherwise take 50 years on the best possible course?

[Lord Hill of Oareford]

My Lords, I am extremely keen, as are the Government, to encourage as much co-operation as possible between the independent sector and the maintained sector. The noble Lord will know better than me the number of examples of independent schools working with the maintained sector in a variety of different ways—whether through involvement in the academies programme, coming into the maintained sector or providing courses for children at local maintained schools, all of which I thoroughly applaud. However, the main priority of the Government is to do what we can to raise the standards for the vast majority of children in maintained schools. That is the focus of the work we are doing.

Disabled People: Access to School Examination System

Debate between Lord Hill of Oareford and Lord Lucas

Wednesday 21st December 2011 Lords Chamber

[Lord Hill of Oareford]

When we were having our debates, I am not sure that I said that I was in favour of free schools being able to employ teachers without qualifications—it was a point about qualified teacher status, which is a slightly different thing. I would not want teachers to be employed without qualifications. On the noble Baroness’s main point about special free schools, we intend that in special free schools teachers would have to have qualified teacher status.

[Lord Lucas]

My Lords, can my noble friend arrange for the information about how many concessions are made to each school to be made publicly available rather than being locked up in the exam boards, so that we can all see whether particular schools are taking excessive advantage?

[Lord Hill of Oareford]

My Lords, I am not sure whether the Government can require that information of the examination boards. I understand the point that lies behind my noble friend's question; I myself asked to see evidence of whether there was disparity in practice between independent and maintained schools, for example. I am told that we do not collect the information and I am not certain that the qualification boards collect it either, but I will make inquiries.

Education Bill

Debate between Lord Hill of Oareford and Lord Lucas

Monday 12th September 2011 Grand Committee

[Lord Lucas]

My Lords, my noble friend Lord Avebury raised the question of virtual schools. Perhaps my mind was drifting as I listened to the Minister’s reply but I did not hear him address that subject. Virtual schools provide an interesting way of dealing with genuine Traveller education and providing them with a consistent relationship with school that is not disrupted every time they move, and we should look to encourage that. Does the Minister have a view on this?

[Lord Hill of Oareford]

We are due to address virtual schools later. I think that my noble friend has an amendment on the subject so we can return to it then. I can respond more fully to my noble friend Lord Avebury at that juncture.

--- Later in debate ---

[Lord Hill of Oareford]

My Lords, we discussed back in July how important it is that schools should be able to meet the needs of the most able children, and we talked then about some of the ways in which that could be done.

I shall try to answer some of the questions put to me about my view of the situation. The current position on the number of schools that may select by ability or aptitude strikes me as being one that we have arrived at in a typically English and messy way over many years. Our position is that it should continue as it is. These amendments seek in different ways to use the process of conversion to academy status as a catalyst for either increasing or decreasing the number of selective schools in the state sector, and the Government are opposed to a move in either direction.

We think that academies, with the freedoms and flexibilities that academy status brings, should be well placed to provide stretching and demanding provision for pupils with a particular ability or a general aptitude for learning. Our policy is to ensure that as many schools as possible are able to take up these freedoms, and that includes grammar schools and independent selective schools. However, we have been clear that we do not intend to increase the number of selective schools in the state system. Therefore, we have been clear that when independent schools convert to academy status, we do not think they should be able to bring their selective admission arrangements with them.

My noble friend Lord Lucas’s amendment would allow independent schools to become academies but continue to charge parents fees, though not, I appreciate, those who could not afford it. However, the principle that state-funded school education should be available free of charge to all children is one with which most noble Lords would agree.

We also know, however, that where there are selective schools in the state system they are often highly valued by local parents and are part of the education landscape, and we are equally clear that that state of affairs should continue. That was the position of the previous Government and it is one that we want to continue, so we do not think that those schools should lose their right to select simply because they become academies.

We support the right of state-funded schools that selected by ability prior to the School Standards and Framework Act 1998 to continue to do so, but it is not our intention to increase the number of selective schools. However, existing selective maintained schools and academies may expand—as they were permitted to do under the previous Government—where there is demand, where funding is in place and where such proposals have been agreed locally.

Rather ingloriously, perhaps, I find myself arguing for the status quo. I assure the Committee, however, that we are taking steps to ensure that as many children as possible have access to a good local school and that all those schools, whether they are academies or maintained schools, provide a stretching education for all their pupils. As my noble friend Lady Garden said in a previous debate on these issues, these steps include promoting free schools to increase good places, allowing good schools to expand and taking the limit off the published admissions number, freeing head teachers to take decisions on how to spend that money and slimming down the national curriculum so that schools can design a curriculum that best meets their pupils’ needs.

I know that my noble friend Lord Blackwell believes strongly in the case behind the amendments and that his concern is to try to increase social mobility and achievement for children from the poorest backgrounds so that they have the opportunity to flourish in a way that we would want to see. I am aware of his commitment to social mobility and the sense of moral purpose that he brings to this argument, which is not the preserve of one side in this debate. Saying what I have said about the Government’s position of leaving things as they stand and preserving the status quo will disappoint my noble friend. In spite of that, I hope that for the moment he will feel able to withdraw his amendment.

[Lord Lucas]

My Lords, I am not sure that I understand the moral difference between allowing a grammar school to expand and allowing an independent school to join the state sector as a selective school. Both have the effect of increasing the number of selective places in the UK state system. Why is one good and the other bad?

[Lord Hill of Oareford]

I do not think that it is a point of merit, as it were, and I would not claim that it were. It is a practical point. There are a number of schools in the maintained sector where selection already takes place. We think that it is right that they should be able to become academies and that, as has always been the case, they should be able to expand. The point about independent schools coming into the maintained sector and retaining selective arrangements is that it would increase the number of selective schools in the system. For reasons of practicality rather than anything else, the Government have come to the view that we do not want to increase the number of schools where selection takes place.

Education Bill

Debate between Lord Hill of Oareford and Lord Lucas

Wednesday 20th July 2011 Grand Committee

[Lord Hill of Oareford]

I accept that, my Lords. There are ways of dealing with that, but there are a range of other practical issues that one would need to think through. I would be very happy to explore some of them with my noble friend and others who have an interest and see where we end up.

On head-teacher governors, I again understand the arguments that have been put by both sides. That is probably why the noble Lord, Lord Knight of Weymouth, having had both these opposing views, concentrated on other issues. I understand the argument both for their inclusion on boards, in the same way as a chief executive of a company might serve on a board, and against in the case of the voluntary sector and other charities, where the chief executive is often not on the board.

We know that there are issues, but overall the system is operating. We are working with the National College to develop training for chairs of governing bodies to assist them in the role of holding head teachers to account. Head teachers can choose to remove themselves from governing bodies. If individual governing bodies wish to move to the position suggested, they can do so and the head teacher can resign from the governing body. The thought of removing head teachers from every governing body in the land, from 25,000-odd schools, seems quite courageous, but, as the noble Lord, Lord Knight, said, these are issues on which we need to continue to reflect.

The noble Baroness, Lady Brinton, asked me a specific question about governors. Governors are not there to represent a particular group and should act in the best interests of the school, having formed their own opinion.

I therefore commend my amendments and ask my noble friend to withdraw his amendment, which he moved some time ago before we had many Divisions in the House.

[Lord Lucas]

My Lords, I thank my noble friend for his comprehensive reply. I beg leave to withdraw the amendment.

--- Later in debate ---

[Lord Hill of Oareford]

I will get some clever person to write me something that will explain why that is the case.

The noble Lord, Lord Sutherland, raised important points about faith schools. He will know better than me that it is a separate inspection process. Faith schools, including exempt schools, would continue to be subject under Section 48 of the Education Act 2005 to a separate inspection into their religious education. This can also cover spiritual, moral, social and cultural development and reports will be published. That is not a complete answer to the noble Lord’s concerns but it is another part of a possible reassurance.

The noble Baroness, Lady Jones of Whitchurch, asked me whether a cohort could pass through an outstanding school without any inspection. The absence of inspection does not mean that Ofsted will fail to pay attention to exempt schools. Currently outstanding schools have five years between inspections. The risk assessment would start at three years and be done annually but, if there were concerns before then, the whole point of the triggering process is that Ofsted would be able to look into them.

Overall, we think that a lot has changed in the past 20 years in terms of transparency and accountability. There is more information and the inspection system over those years has become increasingly proportionate. We have a large number of schools that are capable of evaluating their own performance and identifying and responding to their own improvement priorities. We are keen to focus inspection on those that need it most— underperforming and inadequate schools. I recognise the strength of feeling that has been raised.

There were a number of thoughtful suggestions, particular around the important question of the rigour of the risk assessment. I understand that Ofsted is due to publish its approach to risk assessment and I would like to use that as an opportunity to discuss these concerns further, to reflect on what has been said to me today and to raise them with the noble Baroness, Lady Morgan of Huyton. I hope that through that process—I will be happy to discuss it with noble Lords who have particular concerns and who have contributed to this debate—I can address some of the concerns that have been raised, reflect on them and then report back to noble Lords. I will certainly reflect on the mood of the Committee. I will listen to the advice that I have been given but in the mean time I ask my noble friend Lady Walmsley to withdraw her amendment.

[Lord Lucas]

My Lords, I am grateful for what my noble friend has said. I do not really think that saying that the system at the moment has its defects is a good reason for adding to them. I very much hope that, in what happens between now and Report stage in terms of an understanding of the Ofsted mechanisms and in discussions between ourselves, we can firm this up. It seems to me to be a serious disaster in the making and a very wrong step the Government are looking at.

I want to pick up on a point made by the noble Lord, Lord Sutherland. Clause 40(2) removes the compromise that we reached at the end of that long and, as he says, acrimonious debate. I very much hope the Minister will take the time to read that debate and to understand why that clause got into the 2006 Act. It was a compromise, carefully worked out by the then Government, to deal with questions about the way in which faith schools fit into the system. By removing that compromise you are reopening the whole argument as to that relationship and inviting a repeat on Report of the experience of 2006. I hope the noble Lord, if only in preparation for that, will read through that debate. I am sure we will revisit this in October. I hope that between now and then we will have made some progress.

[Baroness Walmsley]

My Lords, this has been a very thorough and rigorous debate and I do not intend to summarise the whole of it. I will respond only on my own amendment as the Minister has been intervened upon a number of times. My understanding of what the Minister said in response to my amendment was that there is no reason to believe that outstanding schools will not take safeguarding seriously. Without intending to be rude to the Minister, I wrote in my notes, “Well, we are hoping for the best then”. Frankly, I do not agree that if somebody is good at one thing they are necessarily good at another. Only on Monday I talked about my own grandsons, one of whom is brilliant at maths and the other is brilliant at English. I think the same applies to schools.

The Minister said that Ofsted will now carry out a survey, but I understand that there are currently no plans whatever to inspect safeguarding regularly in schools that are regarded as exempt—and therefore will not be regularly inspected—unless, of course, the Ofsted survey advises the Government that there is no correlation between a school being good academically and being good at safeguarding. Can the Minister just nod if I am correct in that understanding of his reply?

Education Bill

Debate between Lord Hill of Oareford and Lord Lucas

Wednesday 6th July 2011 Grand Committee

[Lord Hill of Oareford]

My view is that independent schools are independent, and I would not look to the taxpayer to pick up the tab. That is my reaction off the top of my head. It is probably the answer that the noble Baroness hoped for, even if I have disappointed my noble friend Lord Lexden. Some noble Lords will know that I am a great supporter of the independent sector, but the word “independent” is important in that regard.

I thank the noble Earl for giving us the chance to have this debate and ask him to withdraw his amendment.

[Lord Lucas]

My Lords, I am very encouraged by what my noble friend said in response to the amendments. Perhaps I may pick him up on a couple of points. He said some good things about the integration of the independent and state school sectors. Will he confirm that there is no longer any consideration of the idea of excluding teachers in independent schools from the main state teachers’ pension fund, which would make migration between the two sectors extremely difficult?

Secondly, there has been a history of initiatives, of which teaching schools is the latest, intended to develop and spread good practice. In my view such initiatives have always foundered on the lack of information flow between good schools and schools that need good advice. I will not detain the Committee with ideas on how that might be improved, but when the Minister is no longer under so much pressure, perhaps I might try to persuade him that the Government have a role in helping to set up structures to enable information to flow better than it does.

[Lord Elton]

My Lords, before my noble friend responds to that—

--- Later in debate ---

[Lord Lucas]

My Lords, perhaps I may pick up on what my noble friend said about private conversations not being included. I entirely understand that, but I do not understand where the Government think the border is in modern social media between private and public. Does he agree that Twitter is at all times public but that Facebook is a pretty difficult area? Kids these days communicate over Facebook in the way that we use e-mail. Communication between children talking about a particular allegation and saying, “Has this happened to you?” or “Have you seen anything like that?” will take place in an environment that might be considered public even though the kids will see it in the same way that we see e-mail. Will the noble Lord say which bits of the social media are public and which are private for the purposes of the Bill?

[Lord Hill of Oareford]

I will have a go, and if I need to follow up subsequently, I will. We have made it clear that an offence is committed not only when somebody publishes an article or broadcasts a programme in the traditional media, but when somebody posts an allegation on the internet, even anonymously. I recognise, as the noble Lord pointed out, some of the practical challenges posed by investigating the source of allegations on the internet, with which we are all familiar: but that is the intent. It will not affect private conversations, including via e-mail or text. However, where such communications constitute a publication—this is the definition in the clause, which I am sure we can have some fun with—by being addressed to the public at large, or to any section of the public, we propose that reporting restrictions will apply.

Education Bill

Debate between Lord Hill of Oareford and Lord Lucas

Thursday 30th June 2011 Grand Committee

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

My Lords, before I respond to the points raised in today’s debate, I should like to pick up briefly on the issue that we were discussing when we ended our session on Tuesday, including the points raised by my noble friend Lady Walmsley and other noble Lords about training in relation to searches. In the intervening day and a half, I have reflected on some of those points and I agree that some additional advice to schools would be useful. Therefore, I am happy to commit to recommending to head teachers in guidance that, when they designate a member of staff to undertake searches, they should actively consider whether that member of staff requires any additional training to enable them to carry out their responsibilities. This revised advice will be published in July before the start of the summer holidays.

So far as concerns today’s amendments to and discussion on Clause 2, the main purpose of the clause is to try to give schools as much freedom as possible to respond to their own circumstances and challenges. We know that under the existing legislation head teachers and authorised members of school staff can search for knives and weapons, alcohol, illegal drugs and stolen property. The current situation, as set out by my noble friend Lady Walmsley is that the person conducting the search must be the same sex as the pupil being searched and the search must be witnessed by a member of staff. Where practical, the witness should also be the same sex as the pupil. That is where we are now.

With regard to the provisions in Clause 2, we propose to extend these powers to allow schools to search for any article that they suspect has been or could be used to commit an offence, cause injury or damage property. It will also allow them to search for items banned by the school rules where they have been identified in the rules as an item which may be searched for.

In addition to adding to the range of items which may be searched for, the provisions will make changes to how searches can be conducted, as my noble friend said. They will allow searches to be carried out by a member of staff who is of the opposite sex to the pupil being searched and also searches without a witness. I emphasise that these changes are subject to what we believe to be strict safeguards. Searches can take place only where the searcher reasonably believes that there is a risk that serious harm will be caused to a person if they do not conduct the search immediately. Therefore, these powers could not be used to search for innocuous items banned under the school rules; there must be a risk of serious and imminent harm.

Amendments 25, 13 and 14 relate to searches being conducted under the school rules provisions. Perhaps I may briefly set out our intention behind this provision and the safeguards here that I think will help to guard against it being used inappropriately.

Our intentions in including a specific power which enables teachers to search for, and confiscate, any item identified in the school rules are to enable teachers to deal effectively with items which, although not harmful, can still cause problems in the school.

The current powers to search pupils without consent are already subject to a number of safeguards. Searches can be carried out only by the head teacher or someone authorised by them to search; they can take place on school premises or off the school premises only when the member of staff has lawful control or charge of the pupils; and they can be conducted only if the staff member has a reasonable suspicion that the pupil is in possession of a prohibited item. The pupil cannot be required to remove any clothing, other than outer clothing.

The school rules provisions introduced by this Bill will be subject to additional safeguards. First, an item can be searched for only if it is identified in the school rules as an item that can be searched for; and secondly, the school rules must be determined and publicised by the head teacher in accordance with Section 89 of the Education and Inspections Act 2006 or, in the case of academies, in accordance with regulations that mirror Section 89. That point was raised by the noble Baroness, Lady Jones of Whitchurch. This means that the head teacher must publicise the school behaviour policy, in writing, to staff, parents and pupils at least once a year. Furthermore, the use of force is explicitly excluded from this provision. These specific requirements will help to ensure that teachers, pupils and parents will know which items are subject to searches. The power is, in the Government’s view and in that of the Joint Committee on Human Rights, compatible with convention rights.

I turn to the test of reasonableness and the points raised by my noble friends Lady Walmsley and Lord Elton. I understand the thinking behind the amendment moved by my noble friend Lady Walmsley; she is obviously concerned that schools could include frivolous or unreasonable items in the list of items that can be searched for. While I do not believe, and I do not think that she would believe that in practice governing bodies and heads would be likely to behave in a frivolous way, we think that there are existing safeguards in place which govern how schools set their school rules. That relates to the question posed by my noble friend Lord Elton. These are set out in Sections 88 and 89 of the Education and Inspections Act 2006. Section 88 requires that the governing body of a school must make a written statement of general principles from which the head teacher will draw up the school’s behaviour policy, which includes the school rules. The governing body is required under Section 88 to consult parents and pupils as part of this process. I hope that in some way that will reassure my noble friend. The governing body is also required, when making the written statement of general principles, to have regard to guidance issued by the Secretary of State. There is also a legal requirement on head teachers to have regard to this statement in determining the school rules and to bring the school’s behaviour policy to the attention of staff, pupils and parents at least once a year.

The Government intend to use that guidance, among other things, to explain the nature of the obligations of necessity and legitimate aim under Article 8.2 of the European Convention on Human Rights. As with public authorities generally, the head teacher in drawing up the school rules would have to act reasonably. So I hope overall that my noble friend may accept that there are safeguards in place and that with those safeguards we should feel more reassured that we can trust schools to judge which items they need to search for in the context of their particular school.

I turn to the content of electronic devices and the examination and deletion of what might be on them. Clause 2 would permit the member of staff who seizes an electronic device to examine any data or files on the device, if they think there is good reason to do so. Following such an examination, the person may erase any data or files from the device if they think there is good reason to do so. I think that this point was accepted earlier in the week. There is agreement that the misuse of mobile phones and other electronic devices is a growing problem in our schools. According to Bullying UK, around one in seven young people have been threatened or harassed by mobile phone.

A study by the Association of Teachers and Lecturers published last year in March, suggested that one in seven teachers had been the victim of cyber-bullying by pupils and parents. I was struck that the Association of School and College Leaders welcomed this provision in its evidence to the public evidence session for this Bill in the other place as a way of schools dealing with cyber-bullying without involving the police, which is an important point. We do not want to get to the point where schools have to call the police to deal with matters when they could deal with them with some common sense and in a safe and orderly environment within the school.

I understand the concerns of my noble friend Lady Walmsley that the provisions in the Bill might give members of staff carte blanche to examine or delete the content of a pupil’s mobile phone. But we believe that by requiring the member of staff to have a good reason before doing so, and to have regard to guidance, the clause protects pupils from random searches of their property and provides a robust test which must be passed before a pupil’s personal information on his or her mobile phone can be deleted.

I did, however, listen to what my noble friend said and obviously like her read the comments from the JCHR. In order to address those points, I think we should make more explicit in our guidance that any examination or erasure of data or files must be justified. By this I mean that the guidance should make it clear that the staff member must reasonably suspect that the data or file on the device in question has been, or could be, used to cause harm, to disrupt teaching or break the school rules in some way. I can also commit to the guidance providing advice on the circumstances in which data can be erased and when that can be handed to the police. I hope that that provides my noble friend with some reassurance.

My noble friend also raised the point about the need to respect the private life of the pupil and the pupil’s family, and on the circumstances in which it is appropriate to involve the parents of the pupil. I understand her concern that pupils are protected from any unnecessary intrusion into their private lives. The Secretary of State’s guidance will make it clear that any examination or erasure of data or files must be justified. It will also explain to schools the nature of their obligations under the ECHR and emphasise the importance of respecting a pupil’s personal information and right to privacy.

As my noble friend Lady Walmsley suggested, I would be happy to share with her and other Members of the Committee who would be interested a draft of the Secretary of State’s guidance in advance of Report, so that she can be assured of its helpfulness and we can benefit from their expertise.

I hope that that reassures noble Lords that checks are in place to ensure that these powers could not be used inappropriately. I have committed to include additional safeguards in guidance and to share that guidance as the Bill progresses through this House. On the basis of those reassurances, I hope that my noble friend Lady Walmsley will feel able to withdraw her amendment.

[Lord Lucas]

My Lords, I would be very grateful if my noble friend would include me in that correspondence. I do not yet understand why, under any circumstances, a teacher should be able to delete something from a mobile phone. Surely, the point of finding something is that it then becomes evidence that can be used. In fact, it may be important to show it to the child's parents so that the parents become aware of what is going on. I do not understand the need to delete.

I am also concerned that while one might want and need under some circumstances to explore what is happening on a child's mobile phone, any teacher doing so will discover a lot of stuff that is personal and irrelevant. There is a problem over how that is dealt with. Perhaps it should be done by somebody not involved in teaching the child who can therefore keep separate any knowledge gained from looking at the mobile phone. I agree that there has to be this power in the Bill, but it has to be carefully used.

Schools: Well-being Education

Debate between Lord Hill of Oareford and Lord Lucas

Monday 27th June 2011 Lords Chamber

[Lord Hill of Oareford]

As the noble Lord might expect, I share that view very strongly. He put it extremely well by saying that it is not an either/or. There are clearly important lessons that children can learn from PSHE but, as we know from all the evidence, if they do not have the basic skills of literacy and numeracy, they will have little chance of well-being. Failure to master those skills, sadly, leads disproportionately to economic failure, to prison and to a whole range of other forms of disengagement. I therefore agree very strongly with the noble Lord.

[Lord Lucas]

My Lords, does my noble friend agree with me that well-being ought to be a matter for the schools curriculum, not the national curriculum? Does he also agree, in that case, that it is very important that Ofsted tells parents what is being taught, and how well?

[Lord Hill of Oareford]

I agree with my noble friend’s underlying point that, in looking at all these issues, it is extremely important that we leave scope for individual schools to exercise their judgment on the best way of teaching the children in their care. There are elements of PSHE that are part of the national curriculum, but more generally I agree with my noble friend’s point that we do not want to prescribe everything from the centre and do want to leave as much discretion to individual schools as possible.

Education Bill

Debate between Lord Hill of Oareford and Lord Lucas

Tuesday 14th June 2011 Lords Chamber

[Lord Hill of Oareford]

That seems a sensible suggestion. My noble friend Lord Phillips of Sudbury, assiduous as he is, has already written to me, having failed to intervene on me earlier. I shall see what I can do about that. Like all noble Lords, I find that the way that the Bill is drafted makes it difficult to navigate one’s way through it.

At the heart of the Government’s coalition programme are the principles of greater freedom and fairness. These principles underpin the Bill. In many areas it takes forward the reforms of the previous Government in early years, greater school autonomy and powers to improve behaviour and discipline. In others, it strips away top-down legislative controls, which can stifle the professionalism of those working in schools, colleges and local areas. It tries, as my noble friend Lord Eccles argued, to put decisions more in the hands of teachers, parents and pupils, and moves us towards an education system that the international evidence shows characterises the highest-performing education systems in the world.

I welcome the opportunity that the Committee stage will offer us to refine the legislation. In that spirit, I ask the House to give the Bill a Second Reading.

[Lord Lucas]

My Lords, I very much regret the decision of the usual channels that this Bill should be committed to a Grand Committee. It is an important Bill with many crucial aspects. It has clearly commanded wide support in the House. Fitting 50 people into the Moses Room will be a considerable struggle. As I understand it, that arises from the failure of the Government to give us any major Bills to start with in the Lords so, as usual, they are all piling up at the end. We are therefore expected to leave the Chamber clear for whatever other business the Government have by making this a Grand Committee Bill, for which, to my mind, it is not suitable. I very much hope that this is a matter that we shall return to when we debate the procedures of this House.

Can my noble friend at least give me the assurance that we will not have Committee on this Bill on any day when, in this Chamber, there is Committee on the Localism Bill? Many of us take an interest in both matters, and it would seem to me quite unreasonable to try to run the two in parallel.

Academies Bill [HL]

Debate between Lord Hill of Oareford and Lord Lucas

Wednesday 7th July 2010 Lords Chamber

[Lord Hill of Oareford]

My Lords, in Committee I said that I agreed with my noble friend Lord Lucas that academies should be included within the coverage of the Freedom of Information Act 2000. I said that I would consider this issue further and come back to it on Report. Having thought about it, I can see no reason why academy proprietors should not be subject to the Freedom of Information Act in the same way as all maintained schools are subject to that Act. Amendment 47 would simply insert a new clause into the Bill that would amend the Freedom of Information Act 2000 to add academy proprietors to the list of public bodies covered by that Act.

The new clause brings academy proprietors within the coverage of the Act in respect of information that they hold for the purposes of their functions under academy arrangements. This will cover functions relating to establishing and maintaining an academy and the carrying on of the academy once it has been established. If enacted, it is our intention to commence this duty in sufficient time to ensure that any schools which become academies in September will continue to be subject to the Act after they cease to be maintained schools. In relation to existing academies which have up until now not been subject to the Act, we intend to commence this duty for them early in the new year in order to give them time to prepare.

We believe that extending the Freedom of Information Act to academies is right in itself, but it also has another advantage linked to our broader discussions in Committee and today about consultation and transparency. I believe that having information about academies in the public domain will help dispel suspicion and make people appreciate the positive contribution that they are making to raising educational standards. I know that noble Lords on all sides of the Committee will welcome this amendment and I am very grateful to my noble friend Lord Lucas for flagging the issue up with his original amendment.

Amendment 55 is a technical amendment required to ensure that Amendment 47, the main amendment to the Freedom of Information Act, will technically extend throughout the United Kingdom, even though it will apply only in England. I beg to move.

[Lord Lucas]

Thank you.

[Lord Hunt of Kings Heath]

My Lords, I am sure that all noble Lords would thank the Minister for this. I wish to ask him a question. Yesterday we debated the small primary school that would have been able to become a foundation trust. Today, we have the announcement of the review of the UEA e-mail issue in relation to climate change scientific research, which in itself raises FOI issues. All of us who have been involved in public authorities know that establishing the apparatus and support mechanisms to deal with FOI requests can be considerable. I can envisage a school, perhaps not so much a primary but a secondary, dealing with admission issues and being subject to FOI requests, which is quite likely. My question for the Minister is: what support mechanism will be put in place to help schools deal with the FOI system, because they will need something.

Academies Bill [HL]

Debate between Lord Hill of Oareford and Lord Lucas

Wednesday 7th July 2010 Lords Chamber

[Lord Lucas]

Before my noble friend sits down, can he give me some comfort on clause 12(c) of the model funding agreement? What is it about clause 12(c) or other aspects of the funding agreement which mean that, when the admissions requirements for maintained schools are updated, they are updated also for academies? The default position in contract law would be that they were not updated.

[Lord Hill of Oareford]

If I may, I shall need to write to my noble friend to make that specific point clear, and I shall circulate it to the House.

Academies Bill [HL]

Debate between Lord Hill of Oareford and Lord Lucas

Monday 28th June 2010 Lords Chamber

[Lord Lucas]

My Lords, the coalition agreement pledges to review the Freedom of Information Act with a view to increasing its scope. This, the first legislative act of the coalition, seeks to reduce its scope. It should not.

[Lord Hill of Oareford]

My Lords, in Amendment 168 my noble friend proposes inserting a new clause that would amend the Freedom of Information Act 2000 to add academy proprietors to the list of public bodies covered by that Act. Having thought about this, and having come newly into the department, I think that he makes a very good point in his new clause. I can see no reason in principle why academy proprietors, in relation to their function of running academies under academy arrangements, should not be subject to the Freedom of Information Act in the same way as all other state-funded schools are.

I am also happy to confirm that this Government, like the last one, accept that academies are public authorities for the purposes of the Act. In principle, then, I am completely with my noble friend on the merits of his amendment. It also helps us to address some of the broader debate that we have had about consultation, where I accept the points that have been made from around the Committee. Making sure that information is available and that there is as much transparency as possible is part of the process of helping to overcome suspicion, so it will help in that respect as well. I undertake to consider the issue further. If my noble friend would be happy enough to withdraw his amendment, I will come back to the issue on Report.

Academies Bill [HL]

Debate between Lord Hill of Oareford and Lord Lucas

Wednesday 23rd June 2010 Lords Chamber

[Lord Lucas]

Academies are to be freed from the national curriculum, but in opposition we were—and, indeed, in my heart, we are—committed to reintroducing some universal entitlements for our pupils that have been dropped in the previous decade or two, notably an entitlement to learn the span of British history and an entitlement to study three sciences. I do not see how those two attitudes match. What requirements will we be able to put on academies to ensure that, where we see the need for a universal entitlement and for some consistency across the school system, we get it, despite the headline that academies do not have to comply with the national curriculum? I beg to move.

[Lord Hill of Oareford]

My Lords, although I will be interested to explore the question of the curriculum with my noble friend in the months ahead—not least in the context of the curriculum review, which the Government are carrying out and which will no doubt form the subject of further legislation—the key point is that academies should have freedom to innovate and to be creative with their curricula, to respond to parental pressure, the needs of the children and the needs of the area. From that point of view, we would not contemplate something more prescriptive for academies, so I hope that my noble friend will withdraw his amendment.

--- Later in debate ---

[Lord Lucas]

That seems rather a thin reply, which does not get to the meat of my question. I shall concentrate on something that I know to be a passion of the Minister’s honourable friend Mr Gibb, a passion that I share. For our children to have a real understanding of British history—not a specified understanding and not a list of things that people have to know—we should say that children should emerge from school with an understanding of the spread and depth of British history as an important part of being a British citizen and of creating British citizens and a unity of purpose and understanding in this country.

Many state schools teach a horrible subject called humanities. It is the only thing that they offer at GCSE. You cannot do geography or history, just this mishmash subject that teaches you nothing in particular. If you do history, you probably do only the great dictators and the Tudors. It has disintegrated so far from what Mr Gibb and I think is right. To say, “Yes, we believe this, but there is no way we are going to apply it to academies”, seems to be missing the point. It is not about schools but about an entitlement for our children and what is right for our society. It is not a big imposition to impose these basic requirements on academies, is it?

[Lord Hill of Oareford]

As an historian manqué, I could keep the Committee going for an extremely long time talking about my views on what ought to be in the history curriculum and I can see that there is great enthusiasm that I should do that. Medieval history is a subject that I am particularly interested in, as well as modern history and international history. However, I will resist the temptation. We will have to debate further the tension between the desire for politicians to prescribe and the competing instinct, which I have strongly, to let teachers and head teachers run their schools. In the mean time, I urge my noble friend to withdraw his amendment.

[Lord Lucas]

I think that I shall be in trouble if I do not, so I beg leave to withdraw the amendment.

Academies Bill [HL]

Debate between Lord Hill of Oareford and Lord Lucas

Wednesday 23rd June 2010 Lords Chamber

[Lord Hill of Oareford]

I am considering that. On the specific point of sixth-form expansion, an increase in places would require a change to the admissions arrangements, which would itself require local consultation and agreement by the Secretary of State. That may provide the noble Baroness with some comfort.

Amendments 45, 47, 48 and 49 revolve around the debate we had about “wholly or mainly”. I share the views expressed on all sides of the House about boarding academies. I am very attracted to the idea and wish to see whether we can do more with them. Other points were made around a particular specialism and one would not want provisions in the Bill which made that problematical.

As to the specific question about the existing 35 state boarding schools—this provides the answer to the substantive question behind it—yes, they are able to apply for academy status. To respond to the noble Lord, Lord Adonis, the Duke of York’s Royal Military School will become a boarding academy within the current requirements—which, as he rightly said, date from 1988 wholly or mainly—so they have not prevented that from happening. A performing arts academy has been set up in Birmingham to serve that city’s pupils, and I am advised that that has been possible within the “wholly or mainly” requirement. I am alive to the point—I have asked about it within the department—and I am keen to encourage the kind of developments referred to by the noble Lord and others, including the noble Lord, Lord Northbourne. I am keen to do this and I am told that it is not a practical obstacle. I shall be happy to take up the noble Lord’s offer to discuss the issue subsequently and make sure that I am right in my understanding.

Amendment 56, which was spoken to by the noble Baroness, Lady Royall, seeks to ensure that an academy continues to provide for CPD and suggests making it a requirement for future academy arrangements. Everyone would agree on the need for continuous professional development in academies, as in all schools. I am advised that it is one of the areas without the sort of requirement that she suggests. Academies often do particularly well as a result of the overall way in which they approach staff issues and pay and conditions. Academies are supported by education advisers whose role has included looking at this area in particular. I am told that it is working well, so we are not convinced that it needs to be a statutory requirement.

Amendment 57 would require that corporal punishment be prohibited in academies. The School Standards and Framework Act 1998 amended the Education Act 1996. It effectively abolished corporal punishment in all schools by providing that there should be no defence to criminal or civil proceedings as a result of any corporal punishment being given to a child being educated at a school. That provision applies to academies as well as maintained schools and has been in force since September 1999.

Amendments 58, 99, 109 and 120 would restrict academies to particular types or age ranges. Nursery schools are not able to become academies because they cater for pupils below compulsory school age and, to be established, academies must have at least five pupils of compulsory school age. I listened with interest to the debate on primary schools and understand some of the concerns raised. My noble friend Lady Sharp suggested federations of primary schools, which is exactly the kind of thing that one would want to encourage. We have said—this responds in part to my noble friend Lady Williams—that we will work with local authorities to address these issues as the scale and nature of academy conversion becomes clear. As I have said repeatedly, we are approaching this conversion permissively. We are not seeking to make all primary schools convert. We are committed to thinking through the issues that she raised about the practicalities involved for primary schools. We will continue to reflect on that and work with local authorities. That said, we are keen that primary schools of the sort that I visited in Edmonton on my second day in the department—it is a fantastic primary school which has been turned around—have the chance to convert. The headmistress there, Patricia Sowter, was very keen on academy freedoms. Primary schools should have that chance and we do not want to stand in their way.

Amendments 127 and 25 raise a theme that we have debated in previous groups. They would require a school converting to an academy to join forces with a weaker school unless particular circumstances led the Secretary of State to decide that it was not the right thing to do. The noble Baroness, Lady Morgan, said that we have used warm words and that one is looking for more than that. I shall continue to try to heat them up even further if I can. I completely agree with her and other noble Lords who made similar points. The importance of partnership between outstanding schools converting to academies and other schools cannot be underestimated. We have been explicit that each outstanding school will be expected to sign up in principle. They will have to set out their plans as part of that process. However, it is still our view at bottom that approaching partnership on a volunteer rather than a conscript basis may make those partnerships more fruitful, in that they will be willingly entered into rather than perhaps approached more grudgingly. Amendment 127 is not limited to outstanding schools. Our view is that if a school is not yet outstanding, to burden it with a requirement to partner with a school eligible for intervention would not be a sensible way forward.

I hope that my answers have provided some reassurance, particularly on the “wholly or mainly” point, which I recognise is important and am happy to discuss further. On that basis, I urge noble Lords not to press their amendments.

[Lord Lucas]

My Lords, on “wholly or mainly”, could my noble friend provide me—it need not necessarily be now—with an example of the kind of school that the provision is designed to prevent becoming an academy?

[Lord Hill of Oareford]

My noble friend Lord Lucas has a well earned reputation for being able to ask such questions; I think that it is not designed to have a very simple or easy answer. However, I shall reflect on it. If I were able to offer any enlightenment to him, I should be delighted to do so and extremely pleased with myself for having been able to come up with an answer.

Academies Bill [HL]

Debate between Lord Hill of Oareford and Lord Lucas

Monday 21st June 2010 Lords Chamber

[Lord Hill of Oareford]

We have two more days to debate these issues, and I am sure that we will come back to them. The answer to the noble Baroness’s question is, as much as it is possible, yes, of course.

Having concluded on Amendment 76, I urge the noble Baroness, Lady Morgan, the noble Lords, Lord Greaves, Lord Lucas, Lord Northbourne and Lord Low, and the noble Baroness, Lady Warnock, not to press their amendments.

[Lord Lucas]

I thank my noble friend for his reply and look forward to the model agreement, or the bits of it that we will get. Yes, charities do evolve, generally, a self-sustaining model for their governing body, but those that do not, die. Schools that do not either die, as many have this year, or the bursar very quickly puts other arrangements in place. It does not seem that those triggers are there for a straightforward maintained school with no sponsor. I shall return to this matter again in another context but, before the passing of the Bill, we need to know how we can stop schools getting into a real mess and how we can pick it up early and do something about it.

Free Schools Policy

Debate between Lord Hill of Oareford and Lord Lucas

Monday 21st June 2010 Lords Chamber

[Lord Hill of Oareford]

I am grateful to the noble Baroness, in particular for the work that she does for Future Leaders. On the issue of detail, that is work in progress and I shall keep her informed and posted. We made the announcement about the outline shape of the process on Friday, and we recognise that we have to provide this kind of detail. I shall keep her closely informed.

[Lord Lucas]

My Lords, can my noble friend give me comfort on two aspects? First, will he reassure me that the existence of surplus places in the vicinity of a proposed free school will not be a bar to the establishment of a free school? Secondly, can he tell me whether virtual schools may be established under this legislation—that is, schools which are to ordinary schools as the Open University is to universities?

[Lord Hill of Oareford]

I can certainly give my noble friend Lord Lucas the reassurance that he seeks on his first point. I shall need to write to him on the second point.