Academies Bill [Lords]

Lord Jackson of Peterborough Excerpts

Wednesday 21st July 2010 Commons Chamber

In the previous debate, we expressed concern about the role that local authorities will not have under the Bill. Most local authorities will say that the schools most dependent on their advice and support are primary schools. The vast majority of primary schools are community schools, and they have not even had the experience that foundation schools will have had in managing the enormous range of responsibilities that come with academy status. How much will that cost? Where will that expertise come from? How will primary schools deal with that? How will a small primary school, with perhaps only a few pupils, be able to cope with some of the demands being made on them? Capacity is a very real issue. Most secondary schools already employ a range of staff who will be able to deal with the increased administrative requirements, but many primary schools have only a school secretary, who will doubtless be expected to deal with many of the issues and problems that come with academy status.

[Mr Stewart Jackson (Peterborough) (Con)]

These are exactly the same arguments that were advanced by Labour during the discussion of grant-maintained schools, which were often supported by the local community and perfectly able to exercise the powers and responsibilities involved. Indeed, many of them did so very successfully. Unfortunately, Labour is still in an ideological time warp and hostile to the idea that parents, governors and other professionals can have effective local control over their own schools.

[Vernon Coaker]

Who will have local control over whether a primary school in the hon. Gentleman’s constituency becomes an academy? It will be the head teacher and the governing body, and it will then go to the Secretary of State for approval. There is nothing in the Bill to say that parents, the community, local people or even the local authority must be consulted. If the hon. Gentleman’s point is that before a school changes its status or applies to become an academy it should have the support of all those people, I would agree with him in many respects. Certainly the academy model that we pursued—although it obviously related to secondary schools rather than to primary schools—was about trying to ensure that there was proper local support for the conversion.

One of the problems with the Bill is that it does not require the support of everyone in the local community for a school to convert to academy status. Indeed, an amendment tabled by one of the hon. Gentleman’s colleagues tries to address that problem. When we talked about special schools, some hon. Members mentioned the need to ensure, and demonstrate, that local parents, the local authority and local people supported them, but that is not what the Bill would do.

I do not disagree with the hon. Gentleman. I am not ideologically opposed to academies—I approved a significant number of them, including all-through academies. In the last debate, we talked about the difference between the academy model presented in the Bill and the academy model that the previous Government pursued. As I said, I do not believe that people are motivated by anything other than a genuine desire to improve educational standards for children, but there is a difference of view about how to achieve that.

The hon. Gentleman makes a reasonable point, but how can local support be proved when all the Bill requires is the support of the head teacher and governing body, and others as appropriate?

[Mr Jackson]

The hon. Gentleman makes a fair point, but it would be perverse for any head teacher with the support of the governing body not to take into account the settled view of the local community, whether that was as a result of consultation directly with the governing body or others, or of the local authority, local charities or others. The idea that this is some kind of top-down approach to be forced on schools is untrue.

[Vernon Coaker]

In the spirit in which debate has been conducted in Committee today, I thank the hon. Gentleman for recognising that I was trying to be constructive in my response. He will have read the Bill and he will know that clause 5(1) does not specify who should be consulted by a school wishing to convert. It just says that it

“must consult such persons as they think appropriate.”

Similarly, clause 5(3) states:

“The consultation may take place before or after an Academy order, or an application for an Academy order”.

If the hon. Gentleman follows his point through to a logical conclusion, one might expect the Bill to list the parents, the local community and so on as parties which should be consulted and shown to be supportive of the academy bid, because that would strengthen the application and increase its potential for success. Similarly, one would have thought the Bill would require consultation to take place before the academy order was applied for. I agree that such consultation is necessary, and the hon. Gentleman’s point was not unimportant, but the Bill does not do what he would wish it to do.

--- Later in debate ---

[Dan Rogerson]

May I welcome you to the Chair, Mr Evans, at this stage in the proceedings? Earlier, Mr Chope reminded us that it is out of order to refer to the decision about which amendments have been selected and which have not, so I will not reflect further on that and thereby risk being called out of order, except merely to say that I am delighted that amendment 48 in my name was selected.

The hon. Member for Gedling (Vernon Coaker) has set out the dangers he foresees in primary schools being allowed to follow the academy route, but he adds that he is none the less an advocate of the academy system and that he thinks it is a success. I come at this from a different angle: I think the jury is still out because the evidence is balanced as to whether the academy structure has made a substantial difference to results. We Liberal Democrats have not been entirely convinced, although some party members have advocated academies throughout the process. Other arguments can be put as to why schools that have been established as academies have been successful and we talked about some of them on Second Reading, so I will not rehearse them at length. If I were to do so, I am sure you would rule me out of order, Mr Evans, but there are arguments to do with leadership and the resources put into academies, for instance.

This is a permissive Bill. We will either allow schools to examine, and consider following, this route or we will not. From visiting schools in my constituency, it seems fairly clear that not many of them are interested in doing so. They do not see it as right for them. They are largely happy with their relationship with Cornwall council, their local authority. I welcome that, and I am sure it is also the case in many other parts of the country. I believe that local authorities have a role to play and they have often played a good role in the past. However, that has not always been the case, because there are undoubtedly places where the relationship has broken down and there have been failings. The fact that not many schools in my area wish to follow the academy route does not, however, strike me as necessarily an argument for saying that it should not be open to them.

I tabled amendment 48 in order to have a debate about primary schools. I am therefore pleased that we are having that debate, and I would like to add a number of questions to those already asked by the hon. Gentleman. He raised the important issue of federation. It is being explored in many rural areas—and, I imagine, increasingly in urban areas too. Federation is often controversial because people sometimes feel they are giving up some measure of control over their local school, but my experience of those federations that have been formed—there are three or four in my part of the world now—is that the governing bodies and communities can come together. They still have their own school in their community and it performs a vital function not only in terms of education but in many other ways as well, especially for rural village communities. Therefore, if these schools become part of something a bit bigger, it means they are able to support a full-time head—and to recruit one as well, which is increasingly an issue. Federation can be a crucial step, therefore.

There are questions, however, about what approach the Government should take to applications for federation and how they would be explored. There are also, perhaps, issues to do with capacity. I hope, therefore, that no primary school approaches this option lightly. If they are considering it, they should reflect on their own situation and what resources they will have to take advantage of any freedoms that arise. That is an important consideration.

There are questions to do with the monitoring of schools as well. I have discussed that briefly with the Minister outside the Chamber. There is a role for the Young People’s Learning Agency in monitoring academies to ensure that they meet the criteria set out in the Bill. I hope that the Minister will be able to reassure us that if primary schools, in particular, are going to go down the academy route, they will have the capacity to be able to do that and to manage a relationship with a much larger number of schools. If primary schools are to take up that option, the number of schools involved will be much greater than has been the case up to now.

The idea of all-though schools, to which the hon. Member for Gedling referred, presents an exciting opportunity. One of these schools is coming to my constituency and, again, the trust and confidence of the local people has to be won; they have to feel that the change will protect what they may see as younger, vulnerable pupils in that bigger set-up. That argument has been won in one community and this may be a route that some take towards academy status.

As I said at the beginning of my remarks on the clause, I am not convinced that this is necessarily the best route for everybody. My hon. Friends, some of whom spoke on Second Reading, have made it clear that they have concerns about the model too.

[Mr Stewart Jackson]

The hon. Gentleman will doubtless concede that this is permissive legislation and, therefore, schools will not be the subject of draconian diktat. He will also know that the experience of grant-maintained schools was that the legislation allowed them to work closely with their local education authority on things such as procurement and purchasing, and that consortiums were often very successful in that respect. This Bill specifically does not preclude the involvement on a practical, day-to-day basis of the local education authority. In that respect, I am sure that he will be reassured.

[Dan Rogerson]

I am grateful to the hon. Gentleman for his intervention. We have served together on a number of Public Bill Committees, not always agreeing when we have debated issues. However, we can perhaps agree that the permissive nature of this Bill allows both of us to explore what is available to schools and communities in our constituencies. As I say, I remain to be convinced that this is necessarily the best route and that it offers as many benefits as some hon. Members, including him, are convinced it does. However, I believe that if the route is to be available to some schools in particular circumstances, we ought to explore the option, as this Bill does, of making it available to others. So I accept his point about this being a permissive Bill.

The hon. Gentleman also makes the point about schools continuing to work with the local authority. The Minister may wish to talk about the fact that schools that take up the option that the Bill extends to them could continue to explore buying back some services from the local authority, even though they may well have not wanted to have such a rigid relationship with it. Clearly, they could still have an engagement with it and may indeed wish to buy back some services from it. This debate has begun and we may be at risk of going back over issues that we covered when discussing the previous group.

--- Later in debate ---

[Gavin Barwell]

First, I thank the hon. Member for Gedling (Vernon Coaker) for being so generous in his speeches on this amendment and the previous amendment in allowing people to intervene and ask him questions. I appreciate that.

The amendment is further evidence of the dichotomy of the Labour party’s approach to education policy for primary and secondary schools. With capital, as has been discussed, the previous Government’s Building Schools for the Future programme was concentrated purely on the secondary sector, whereas their policy on academies was to have them in deprived areas at secondary level but not at primary level, even though many issues of educational under-attainment stem from performance at primary level. The list on the Department for Education website of schools in my constituency that have expressed an interest in the academy process includes Wolsey infant school in New Addington, which is an outstanding school, and St Mary’s junior school, which is not. Both of them serve highly deprived parts of my constituency. If Labour Members have the passion that they say they have about driving up educational standards in deprived areas, that ought to apply equally at primary and secondary level.

I do not wish to detain hon. Members for long, but I want to address the four main objections that have been raised regarding primary schools. The first objection was about size and whether primary schools would be able to cope with the responsibilities that come with academy status. Having looked at the schools in my constituency that have expressed an interest, I would expect a far lower proportion of primary schools than secondary schools to be interested in going down this route because of their size. However, there are large discrepancies regarding primary schools. In my local authority area there are a number of single-form entry schools, some two-form entry schools and a significant number of three-form entry schools. The picture is very different for a three-form entry school, such as the state school that my children go to, than for a single-form entry school.

It would be helpful if the Minister clarified the position on federations. The Secretary of State’s response to the shadow Secretary of State on Second Reading implied that applications from federations would be accepted. Clearly, that would be one way of addressing issues of size and scope. One concern that the Labour party has raised about academies is the fear that schools will stop working together, so it seems particularly perverse for the amendment to rule out the prospect of federations of schools applying for academy status and preserving those relationships that Members on both sides want to persist.

My main point about the issue of school size is that the legislation is, as several hon. Members have pointed out, permissive. Surely, we should trust head teachers, leadership teams and governors to judge whether their schools have the capacity to cope with academy status.

[Mr Stewart Jackson]

My hon. Friend has hit the nail on the head. It is better to have looser language in the Bill because, as the hon. Member for Gedling (Vernon Coaker) knows, any issues of consultation in relation to the schools that seek to proceed along this path will be the subject of regulation and secondary legislation. Does my hon. Friend agree that it is better to have looser language in the Bill than to be too prescriptive, because that might, as the shadow Minister has said, lay individual schools, local education authorities and other bodies open to legal action further down the line?

[Gavin Barwell]

My hon. Friend makes the point far more eloquently than I can. At some point in the future, the shadow Education Minister might have the honour of being the Minister again, or even the Secretary of State, who will sign off the applications for academy status. However, the amendment would tell primary schools or federations of primary schools that they were not even allowed to make the case for academy status, and that is completely the wrong approach.