Education Bill

Debate between Lord Knight of Weymouth and Lord Hill of Oareford

Tuesday 1st November 2011 Lords Chamber

[Lord Hill of Oareford]

My Lords, I agree with the noble Baroness, Lady Morris, that this has been an extremely good and interesting debate, and I am grateful to all noble Lords who have spoken from a range of different perspectives, and for some of the advice that I have received, which is helpful. At issue here is, in some way, a distinction between quality and qualification. There is complete agreement that we want the highest possible quality; the difference of opinion is whether the only way that the highest possible quality can be secured is through a specific qualification. I think I sum the mood up accurately by saying there is a feeling that quality is not defined only by one specific qualification.

It is certainly the case that improving overall teacher quality is very much at the heart of what the Government are trying to achieve through their education reforms. I agree with what all noble Lords and the noble Baroness, Lady Jones of Whitchurch, have said about the importance of teacher professionalism. Across the piece, the Government are introducing a range of reforms to try and raise the status of the profession. We are reforming initial teacher training, trying to ensure that we attract more top graduates, strengthening teachers’ powers and authority in the classroom, and streamlining performance management arrangements.

We think that qualified teacher status has an important part to play in the teaching profession. That is why, in March, we set up a review of teacher standards, led by Sally Coates, to make all teacher standards, including those that underpin QTS, clearer and more focused. The review recommended revised standards that will take effect from September 2012 and raise the bar for entry to the profession.

We certainly think that qualified teacher status has an important role in the system, but we think that it is possible to be an outstanding teacher without having QTS. A number of noble Lords spoke during our debate in Committee and again this afternoon about the value that individuals from a range of backgrounds, experience and expertise can bring to the classroom. It is true that under current arrangements such individuals can already bring their experience to bear in the classroom, but to a limited extent. Broadly speaking, they may only assist or support the work of a teacher with QTS and must be directed and supervised in doing so.

The core purpose of the free schools programme that lies at the heart of the issue is to make it easier for parents, teachers and others to set up new schools in response to demand from their local community for change in education provision in their area. That is the basis upon which free school proposers set out their educational vision. We want to give them the ability draw on as wide a pool of talent as possible to deliver that vision. If a free school believes that that means including among its staff a teacher who has a wealth of qualifications, experience and expertise, but who does not have QTS, we do not want to prohibit the free school from doing so.

My noble friend Lady Perry, the noble Lord, Lord Sutherland of Houndwood, the noble Baroness, Lady Warnock, and my noble friend Lady Benjamin all spoke persuasively about the need for some degree of flexibility. The kind of example that we have in mind would be that a free school might want to employ an experienced science teacher from the independent sector who has a strong track record of preparing pupils for top universities. That would be one example. We have a free school proposal from a group of independent schools that wants to set up a sixth-form college in Newham to try to get more children from disadvantaged backgrounds to go to top universities. My noble friend Lord Lucas mentioned another example in which the former head of Westminster School was caught by the rules. A free school might want to employ an engineer with a background in training and instruction to teach an engineering technical specialism.

Free schools know that recruiting high-quality teachers will make the biggest difference to the quality of education that they can provide for their pupils. Therefore, I believe that they will themselves want to ensure that the staff that they recruit have the right knowledge and skills, and that relates to the point that my noble friend Lord Storey made about how free schools will be accountable and what mechanisms will be in place to make sure that they want to employ the best possible teachers. As part of their application to the department to set up a free school, proposers have to set out how they will deliver the highest quality of teaching and leadership in their schools, and no school is allowed to proceed without robust plans for doing so.

Because they are new schools set up in response to parental demand, free schools are likely to have a particularly close relationship with parents, who, we believe, will hold them sharply to account for the quality of teaching. They will be subject to the same Ofsted inspection regime as all maintained schools. They will have a pre-registration inspection before they open and a full inspection by the end of their second year of being open.

My noble friend Lady Walmsley, with support from the noble Lord, Lord Sutherland of Houndwood, asked, importantly, how we would know what was going on. I would answer that, in part, by talking about the publication of results and parents holding to account, but it is also the case that staff employed in free schools who do not have QTS will be monitored through the school workforce census, which takes place once a year. The results of that will be published on the department’s website and we will all be able to see the extent to which this is happening or not happening.

[Lord Knight of Weymouth]

Beyond saying that there is quite a lot of flexibility in the proposal, can the Minister tell us whether the publication of the number of unqualified teachers in free schools would feature on the Ofsted risk assessment that we talked about last week? If there were a large number of unqualified teachers in a free school, that would mean that Ofsted would be keeping a closer eye on them.

Education Bill

Debate between Lord Knight of Weymouth and Lord Hill of Oareford

Wednesday 26th October 2011 Lords Chamber

[Lord Hill of Oareford]

My Lords, I am grateful to the noble Baroness, Lady Morris of Yardley, for her career advice, which I take in good part. I am sure that it was meant in good part. If she sees the humps developing on my back as I respond, she will understand that, camel-like, I must bear the course—I misquote Shakespeare.

The noble Lord, Lord Knight, set out the main points, and I will not speak at length because the substantive response in terms of what the Government are trying to do relates to the principle of proportionality upon which this issue is based. In response to the concerns raised in Committee, we went back, thought again and strengthened the safeguards that have been put in place. However, I recognise that they are not to the satisfaction of all noble Lords.

The noble Lord began with two points. His first concern was to ensure that there was no intention to exempt free schools or academies en bloc. There are two answers to that. The first, which he acknowledged, is that we have made changes so that that could not happen other than through an affirmative order. However, that is not the intention of the Government. I have no desire to exempt all free schools and academies from inspection. That comes back to the point made by the noble Lord on Monday, which he half remembered. He talked about there being three principles—fair funding, fair access and fair inspection. I reiterate my agreement with that because the approach to inspection should be the same for any type of school. However, we would argue that an outstanding academy or mainstream school obviously should be treated in the same way. I would not want there to be exemptions for any types of school.

The noble Lord said that in the past—perhaps speaking from his own experience—Ministers may have looked too favourably on academies because they did not want those schools to be seen to fail because they were seeking to take forward a policy direction. That is not my wish at all. One of the things that we are doing is seeking to increase the pressure on underperforming academies to make sure that we apply that approach to them just as we would to any other school.

The noble Lord asked in passing whether our proposal is driven by money. The matter was raised previously so I shall respond to it. It is a perfectly fair question and the answer is that it is driven by the desire to have a more proportionate approach to inspection and regulation. Money is not the driver.

A point raised a number of times concerned how one picks up best practice. I accept that that is a good and fair question and it was put by the noble Lord, Lord Quirk. Clearly, a flow of new outstanding schools will be coming through routine inspection every year, but the thematic reviews and surveys will also pick up best practice. However—this relates to the point raised by my noble friend Lord Lucas—it is also the case that we are keen to encourage more and more the professional sharing of good practice, and it is spreading. I do not think one needs to argue that an inspection which currently takes place once every five years is the only way to deliver the professional sharing of good practice.

I take the point raised by my noble friend Lord Lucas about the process being faster acting. The current regime leaves five years between inspections, but the combination of the triggers which will kick in earlier will mean that, if there are problems, they will be picked up faster under our new system than under the current one.

In response to the point raised by the noble Baroness, Lady Hughes of Stretford, I do not think that a school would have the certainty of there being no inspection. The much tougher triggers will mean that there will never be that certainty because there are all sorts of way in which an inspection can be brought forward.

I understand the position taken by the noble Lord, Lord Knight, and the noble Baronesses, Lady Hughes of Stretford and Lady Morris of Yardley, who argued their case forcefully and clearly. The difference between us is not about the importance of inspection, the fact that we think parents should have information or that we want to go soft on inspection; at heart, it is that we think it is time to develop the existing approach to proportionate inspection and take it one stage further.

[Lord Knight of Weymouth]

My Lords, we have had an excellent debate. I am delighted that, having had a busy day, my noble friend Lord Hunt of Kings Heath is now in his place to hear the end of it, given that he instigated it. In many ways, I do not need to add to the debate. As the Minister has just said, there is a difference of opinion. The case was brilliantly put by my noble friend Lady Morris and supported by others on all sides of the House. I think that the argument has been won and I hope that the vote will now be won. I wish to test the opinion of the House.

Education Bill

Debate between Lord Knight of Weymouth and Lord Hill of Oareford

Monday 24th October 2011 Lords Chamber

[Lord Knight of Weymouth]

My Lords, in some ways there is not much more to add, but I want to reinforce this point. I understand and have sympathy with a model of school system improvement that builds on the international evidence by the likes of Michael Barber, through his work at McKinsey and elsewhere, on the importance of school autonomy, even if it is autonomy collaborating with others, as part of driving forward school improvement. If you go for that big time, as this Government have done with the rapid expansion of autonomous schooling through academies and free schools, there are certain fundamentals that we have to be clear about the Government retaining responsibility for.

I suggest that the core functions that the Secretary of State has to hang on to and be held accountable for in this Palace are fair funding, fair admissions and objective inspection. We can argue about some of the other stuff, such as how much of a curriculum there should be and the teaching of history in school—we debate that beautifully and with much erudition. At the core, though, it is those three things that the Government should be concerned about in order to ensure that the operation of the market, which is almost what autonomous schools become, does not disadvantage those who are least articulate, least advantaged and least able to help themselves. It is a struggle for the noble Lord, Lord Northbourne, to define fairness in this context but for me fairness is ensuring that no child or family is disadvantaged by who they are, where they live and what their income is, and that they have equal opportunity to access good schooling.

As has been said, the growth of autonomy leads to growth in the number of schools that are their own admissions authorities. I have some sympathy with my noble friend Lady Morris; some co-ordination by local authorities in administering admissions makes it much easier for parents. However, I recall that in my day it was the schools, rather than the local authorities that were admissions authorities, that were most likely to fall foul of the admissions code. I do not think that it was anything to do with the fact that they were largely faith schools or with their faith foundation; it was the fact that they were their own admissions authorities. Some aspects of the code were quite complex and they did not have the expertise in-house or within the school to ensure that they were compliant with the code. We found some gross non-compliance with the code, which is why things were toughened up.

In many ways, I do not have a problem with the Government’s code. What I have a problem with is ensuring that there is proper regulation of the code, with teeth. To remove the admissions adjudicator’s ability to direct schools and the adjudicator’s power to look at the admissions arrangements is to remove teeth. The Government are still unable to answer this through their amendments which we will discuss later. The code has to be independent to protect the Government from charges of political interference, because sometimes these issues become quite political at a local level and Members of Parliament are asked to be involved.

This amendment is the minimum that the Government could get away with. If they are not minded to accept this amendment, we should think again about introducing something tougher at Third Reading and, if we need to, restoring some of the adjudicator’s powers.

[Lord Hill of Oareford]

My Lords, I agree with the three definitions that the noble Lord, Lord Knight of Weymouth, came up with: fair funding, fair inspection and fair access. These are the three principles that we need to uphold as we develop our academy policy. I will return to that in a moment. In response to the question from the noble Lord, Lord Northbourne, I am told that, perhaps not surprisingly, there is not a statutory definition of fair access. The noble Lord, Lord Knight, came up with a definition, and I suspect that it is like the elephant—we know it when we see it.

I take issue with the suggestion from the noble Baroness, Lady Hughes of Stretford, about the extent to which the Government are seeking to change the admissions arrangements. The changes which we are proposing are relatively modest. I accept entirely the need for strong and effective safeguards and these are in place. As I go on to explain what some of them are, I hope that I will be able to reassure noble Lords that that is the case.

As I said when we discussed similar amendments in Committee, and reiterate now, we see our commitment in favour of fair access, and protecting and promoting the opportunities of the disadvantaged and vulnerable, as part of our broader agenda. We talked earlier about extending early years education to disadvantaged two year-olds, the funding we have put behind the pupil premium and our efforts to tackle underperforming schools. I would also argue that this commitment can be seen in the changes that we are making on admissions. We have revised the statutory admissions code, which we think over the years—in a well-intentioned attempt to cover every eventuality—had become a bit unwieldy. In revising the code, although we have retained the key safeguards for looked-after children and children with statements of special needs, we have also added new measures to improve access to good schools. These will, for example, allow academies to prioritise children receiving the pupil premium. We have expanded infant class size exceptions to include twins, multiple births and children from our Armed Forces families. I should add that much of the feedback that we have had from the consultation is that, in making it simpler, more concise and more focused on the things that admission authorities must do, parents and their associations who have responded feel that it would be easier to hold schools and local authorities to account.

Education Bill

Debate between Lord Knight of Weymouth and Lord Hill of Oareford

Tuesday 18th October 2011 Lords Chamber

[Lord Knight of Weymouth]

My Lords, I support my noble friend Lady Jones on this issue. In respect of the non-safeguarding issues—the noble Lord, Lord Storey, has just talked about the safeguarding ones—my noble friend mentioned financial irregularity and misconduct. I know that the Minister is likely to repeat the defence that schools have to inform the Independent Safeguarding Authority, which to some extent deals with the issues raised by the noble Lord, Lord Storey. But it does not deal with the other issues.

I know that it is a great frustration to governors and head teachers when they find that they have employed someone who clearly is not up to the job and who had not been in their previous job, but the new school did not know about it. In terms of the professionalism of the workforce and teachers, it is very important that we respect that when things go wrong as well as when they go right and ensure that the facility is there to ensure that schools notify a central body. The Secretary of State would seem to be a sensible outcome, which is surprising given that much of my nervousness about this Bill is giving ever more powers to the Secretary of State, but on this occasion it is warranted. I would be interested in the Minister’s response if he happened to have in his back pocket any information around the numbers of teachers who are dismissed on grounds of gross misconduct that are not related to safeguarding. That would give us a better understanding of the exposure around this issue than if he relies just on the Independent Safeguarding Authority.

[Lord Hill of Oareford]

My Lords, I do not think I have that in my back pocket, but I will rootle in my clothing after this and see what information I can find. If there is relevant information which would shed some light on this I will, of course, send it to the noble Lord and circulate it more widely.

I will briefly set out the Government’s overall proposals on teacher regulation to try to put them in context. The GTCE currently deals with referrals for both incompetence and misconduct. I start with that because it touches in some way on the concerns raised by the noble Lord, Lord Knight. There is pretty clear evidence that the approach taken by the GTCE on incompetence has not been working and this is one of the things that drove us to try a new approach. In 10 years, the GTCE barred only 17 teachers for incompetence, and research has shown that employers are often reluctant to make referrals relating to competence to a national regulator. As we have discussed, they have previously only had a nuclear option and this has discouraged heads from making referrals, on the understandable basis that someone who might not be guilty of serious misconduct, but might need to move on and try teaching in a different school, finds himself grinding through the GTCE process. We are therefore seeking to separate issues of competence from issues of misconduct.

So far as dealing with incompetence is concerned, we want to put that into the hands of head teachers. To help them carry out this responsibility, we are also currently consulting on some streamlined arrangements for performance management and capability procedures. So far as misconduct is concerned, we certainly think there is a role for a national regulator, but we also want to try to give head teachers an appropriate level of responsibility, with only serious misconduct cases that may warrant the ultimate sanction—a bar from the teaching profession—being dealt with by the national regulator.

On the issue of safeguarding raised by my noble friend Lord Storey, the point made by the noble Lord, Lord Knight, is partly a response to that. Our proposals will not alter the current arrangements in relation to child protection. The legal duty on employers to refer any issues that relate to safeguarding to the Independent Safeguarding Authority will remain. The noble Baroness, Lady Jones of Whitchurch, asked what happens when the Independent Safeguarding Authority is informed. If a person is barred by the ISA, a flag would appear on their CRB check and a head teacher carrying out a check would then know.

The present regulatory regime requires head teachers to refer all teachers who are sacked as a result of misconduct to the national regulator. The regulator then investigates those cases and imposes one of a range of sanctions depending on the severity of the misconduct. Our basic position is that we do not think that a national regulator should need to administer intermediate sanctions such as restrictions on the use of the internet on school computers. The purpose of the national regulator should be to investigate the most serious cases in order to decide whether a teacher should ever be allowed to teach again. Under the current system, only 10 per cent of referrals have resulted in prohibition orders. In other words, a lot of the GTCE’s time—and a significant amount of money—has been spent investigating cases of a lower order of significance. Similarly, the current system requires head teachers to go through the process of referring a teacher, even if they believe that there are no grounds for barring them from the profession. This is inefficient and risks placing a perverse incentive on head teachers not to confront issues of conduct, because they think it is inappropriate and unnecessary to refer the case to the national regulator.

The amendments effectively seek to reverse the changes we are proposing to make to the role of the national regulator in relation to misconduct. The reason that I am resisting them is because experience of the current system has shown that requiring employers to refer all cases has had two undesirable consequences. First, as I have said, it means that the regulatory system has spent too much of its time focusing on cases that are not sufficiently serious to warrant the teacher being barred, and secondly, that heads have avoided sacking teachers for misconduct because they know it does not warrant an investigation by the regulator and they would not want them ending up on that path.

There is a point raised by the noble Baroness, Lady Jones of Whitchurch, about inconsistency, which I accept. I agree that arrangements for teacher regulation should seek to achieve consistency, but I do not believe that the current duty which she prefers is delivering that. Research published in 2008 found that between 2001 and 2008, nearly one-third of all local authorities had never made a referral for misconduct. Even when we take into account the different numbers of teachers employed in different local authority areas, the variation of referrals among local authorities indicates significant inconsistency in the current system. To reduce that, and to support head teachers in exercising their discretion, we are developing prohibition advice which sets out the kinds of misconduct that should lead to a teacher being barred from the profession. I circulated a draft on 12 October. We are currently carrying out a consultation on the guidance, which we intend to publish following Royal Assent. I would be happy to receive comments on that consultation from noble Lords to see whether they think it will help us to deliver greater consistency.

We are taking those steps and I hope, by explaining the rationale behind wanting to move to a more differentiated system, that even if the noble Baroness, Lady Jones of Whitchurch, does not accept my reasoning she will withdraw her amendment.

Education Bill

Debate between Lord Knight of Weymouth and Lord Hill of Oareford

Wednesday 14th September 2011 Grand Committee

[Lord Knight of Weymouth]

I think I understand what the Minister is saying when he says that you should not prescribe a long list, but this is not a long list. It is four of the key groups. They are important to name because we can assume that it is extremely unlikely that an organisation would not consult parents, pupils or staff, but I can foresee plenty of circumstances where an academy group might not want to consult the local authority. I think that the points made by the Minister’s noble friends about allowing the strategic role of local authorities to continue are important.

[Lord Hill of Oareford]

Whether the list is short or long, the point is that if there is a short list, there will be an argument about people who have been left off. People will ask why they have not been consulted, and then we will have a debate about lengthening the list. If there is a long list, there are the problems that the noble Lord has already accepted. It is perfectly possible to leave it to people’s common sense and judgment. As the noble Lord knows from the work he has done with academies, if you are setting about an academy conversion, you want to do it with the support of local people and the community because that is how you get it off to a good start. I think that we can leave it to their common sense and wisdom.

--- Later in debate ---

[Lord Knight of Weymouth]

I am sorry to come back, but the key word at the beginning of Amendment 126ZBA is “including”. This is not an exclusive list, so whether it is a long list or a short list is to some extent irrelevant. We are not going to have a debate about whether something has been excluded once the word “included” is in it. The key thing is that in statute it would be a requirement to consult the local authority. That is what his noble friends are after.

[Lord Hill of Oareford]

The view of the Government is the same as it was a year ago. It is the view that the House reached after debates and, indeed, votes; namely, that we do not need to prescribe lists of people, short or long, in legislation in the way that perhaps happened in the past.

Education Bill

Debate between Lord Knight of Weymouth and Lord Hill of Oareford

Wednesday 20th July 2011 Grand Committee

[Lord Hill of Oareford]

My Lords, I shall come back to the issue of the trigger and the risk assessment which lie at the core of many noble Lords’ concerns. There was broad agreement over, and a broad welcome for, a “lighter touch approach”, if I can call it that, though there remain various concerns about how that would be translated into action and what safeguards there would be in place.

I also recognise the concerns emerging from the Committee about exemption, and I will seek to address them by setting out some of the principles and intentions that underpin Clause 39. I will respond to the points raised by the noble Lord, Lord Hunt of Kings Heath, as well as addressing the context within which the clause has been developed. I will also say something more about the safeguards that are provided both within and beyond its provisions, and try to respond to some of the questions that I have been asked.

What is driving this? We think that we have an opportunity to respond to the concerns of schools, to reduce central prescription, to avoid uniformity, to eliminate unnecessary burdens and to be more proportionate. Inspection reform has a contribution to make as part of the overall move that we are keen to encourage. Clause 39 will introduce a more proportionate and targeted approach to school inspection by enabling our highest performing schools to be released from the burden of routine inspection as long as they continue to perform well. I shall return to that issue in a moment.

The thinking behind that is so that Ofsted can focus its inspections on where most noble Lords agree they are most needed—that is, on those schools that are inadequate or satisfactory or coasting. I hesitate to say much about the evolution of inspection because so many members of this Committee were instrumental in its introduction. Regular inspection was introduced with the establishment of Ofsted in 1992, which means that by now schools have experienced at least three Ofsted inspections. Also—and this is part of an answer to my noble friend Lord Lucas and his concerns about information—there have been in that period huge advances in the availability and quality of performance information. I agree with the noble Lord, Lord Knight, that we need to develop more—it is not always straightforward—but the provision of more information is part of our answer to the question of how we can know what is going on in schools.

Inspection has evolved over that time and become more differentiated, with longer intervals already between inspections for stronger performers. Most outstanding schools are now subject to a full inspection once every five years. It is worth making that point because of some of the perfectly proper questions that are being asked as to what are the safeguards and how do we know when schools can change quite quickly. We currently have a system where the schools about which members of the Committee are most concerned are subject to full inspection only once every five years. Our thinking is that, subject to safeguards, it is possible to take proportionality to the next logical step and to free those schools from routine fuller inspections.

I accept the fact that schools decline and can do so quite quickly, a point made by a number of noble Lords. Ofsted’s evidence shows that the majority of outstanding schools are able to maintain their effectiveness over time. The noble Lord, Lord Hunt, used figures which are true in the way that they break down—what he said was absolutely accurate—but it is also true that 95 per cent of those schools were outstanding or good at their next inspection. Not all remain effective—I accept that point—and that is why we have been clear that exempt schools would not be free from accountability and that any exemption is conditional.

My noble friend Lady Sharp made the point that the safeguards are the key issue and perhaps I may say a few words about the approach that Ofsted is developing to risk assessment. All exempt schools would be subject to annual risk assessment by Ofsted, starting three years after the school’s latest inspection. Risk assessment is currently used to determine the frequency of inspection for individual schools. In future, it is proposed that an enhanced process would be used as a basis for determining whether an exempt school should be re-inspected. Her Majesty’s inspectors would consider a range of indicators. These include performance data; information on staff changes—the point was made about a school suddenly losing a head or a group of senior teachers—the outcome of any Ofsted survey inspection visits; complaints from parents; the views of local authorities; and any other available intelligence.

From September, Ofsted intends to take greater account of parents’ views in helping to decide whether a school should be inspected. One way in which we are going to do that is by having a questionnaire online, which parents will be able to complete at any time to give their views about their child’s school. I can confirm that the powers for Ofsted to consider parental complaints under Section 11A apply to exempt schools and that the arrangements for students to complain will apply to exempt colleges.

Local authorities—a theme to which we have returned a number of times in Committee—have an important role to play in representing the interests of parents and pupils. If they have concerns about any exempt school, including an academy, they will obviously be able to request an inspection, and any such request would have to be considered carefully. The implication of Amendments 114A and 112ZB is that Ofsted would lose its discretion over whether it should inspect in these circumstances. We are not sure that that would be right, because HMI should be able to consider the range of evidence in deciding what action to take.

Where Ofsted has concerns about an exempt school or college, it would have a range of options open to it, including arranging a short-targeted visit or a full re-inspection. Professional judgment by HMI needs to be at the heart of the new arrangements. We think that Ofsted should have the appropriate flexibility to act decisively, but in a proportionate manner. The same powers that allow the chief inspector to visit an exempt school to test out a concern also allow for exempt schools to be visited as part of focused inspections of curriculum subjects and particular themes, including outstanding provision and practice. We expect an increased focus on best practice visits in future, as well as more emphasis on sharing best practice by Ofsted through a variety of means. One question raised in the past is how schools will learn from outstanding practice, and this is one way in which we can help address that.

Some points have been raised about information. As I have said, we intend to give parents easier access to information and so, from next January, parents will be able to access data showing the progress of high, average and low-attaining pupils across a range of subjects. From June, they will have access to data down to individual pupil level in an anonymised form. I hope that that will help.

[Lord Knight of Weymouth]

In respect of information for parents, can the Minister clarify Clause 39(4)? It refers to charging schools for inspection. If parents have triggered an inspection using their current powers, is there any charge for that and, if not, how do we guard against Ofsted having a disincentive to inspect if, in its judgment, it feels it cannot afford it?

--- Later in debate ---

[Lord Hill of Oareford]

I will write on the point of detail. I had this explained to me earlier. The difficulty is because an Ofsted category is not a statutory definition. That is the problem and why it is hard to put it in the Bill. I will make sure that I have got that right and I will write, but I believe that is the explanation.

[Lord Knight of Weymouth]

When the Minister writes, will he also clarify how, if it is difficult to pin it down in primary legislation, it would be possible in secondary legislation? Secondary legislation is still law, so you would still need a definition in law of what an outstanding school is.

[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.

Education Bill

Debate between Lord Knight of Weymouth and Lord Hill of Oareford

Monday 11th July 2011 Grand Committee

[Lord Hill of Oareford]

As I was saying, the Training our Next Generation of Outstanding Teachers document says:

“There is an important role for universities in any future ITT system. They provide trainees with a solid grounding in teaching, and space to reflect on their school experiences. We expect universities to continue to be involved in most teacher training, responding to the demands of schools for high quality training to supplement school-based practical experience”.

Our proposals for teacher training are part of our broader efforts to put schools at the heart of our drive to improve educational standards. In most cases, we expect this to be in strong partnerships with successful universities and we have set out a series of proposals to achieve this. The Universities’ Council for the Education of Teachers, whose members are universities that provide teacher training, has welcomed the publication of the Government’s strategy.

My noble friend Lady Brinton asked for reassurance on a couple of points. First, do all new teachers need to be graduates? The answer to that is yes. Undergraduates can gain a degree through their course and other trainees must hold a degree before entering ITT. Her second question was about accredited ITT providers and the Quality Assurance Agency process. ITT providers that are HE institutions will be covered by these arrangements and be accredited by the TDA and, in future, by the Teaching Agency. As now, school-based ITT is also accredited by the TDA. Both are inspected by Ofsted.

On the amendment tabled by the noble Lord, Lord Rix, our proposals for teacher training will ensure that teachers have practical teacher training experience of supporting pupils with additional needs, including SEN. Indeed, we want there to be a stronger focus on support for children with special educational needs. Initial teacher training courses that prepare trainees to meet the qualified teacher status standards currently ensure that teachers are able to differentiate their teaching to meet the needs of each pupil, including those with special educational needs. The White Paper stated that the revised standards should, among other things, provide a stronger focus on responding to pupils with additional needs, including those with special educational needs. An interim report of that review is expected to be submitted in the coming week.

In addition, our Green Paper sets out a range of measures designed to enhance the knowledge, skills and understanding of teachers in relation to teaching children with special educational needs and disabilities. These include: making it easier for more trainees to conduct some, though not all, of their training placements in special settings, including special schools and mainstream schools with specially resourced SEN provision; commissioning a range of free training resources for serving teachers to support children with a range of specific special educational needs; funding a scholarship for teachers’ higher-level professional development to improve their practice, where half of the funding available will be for supporting disabled children and children with special educational needs; and ensuring that networks of new teaching schools will help schools to share practice and resources in meeting the needs of disabled pupils and those with special educational needs.

[Lord Knight of Weymouth]

I am grateful for the Minister’s patience with me. I am interested in his view of the bachelor of education. Having a training over years rather than a single year or—in the case of Teach First, of which I am an enthusiast—a few weeks, allows, particularly primary school teachers, not only training across the range of subjects that are taught in primary schools, but to drill down in more detail into special educational needs. The feeling out there is that the Government are not as keen on the bachelor of education as postgraduate routes from other subjects. Can the Minister give us some reassurance on that from the Dispatch Box?

[Lord Hill of Oareford]

As the noble Lord knows, we are keen to encourage people into teaching via a variety of routes, whether through Teach First or through PGCE. In due course, if we can, we want to build on initiatives such as Teach First to see if we can get people who have been successful in other professions to come into teaching. We are keen to make sure that there is a variety of ways. It is true that in terms of the financial support which we announced in the initial teacher training strategy that we published a couple of weeks ago, the focus of the funding that we are making available is on those who have high-quality university degrees in shortage subjects. However, we want to see a range of provision.

I have already written to a number of noble Lords who spoke at Second Reading about teacher training to draw their attention to the publication of our strategy and to invite them to meet the Minister of State for Schools. As the document we published is a discussion document rather than a statement of final policy, I encourage noble Lords with an interest to read it and to let us know what they think. I would be very happy for those who have an interest—I am thinking of my noble friend Lady Brinton and, given his remarks, probably my noble friend Lord Willis as well—to organise a meeting with the Minister of State with responsibility for these important areas so that we can discuss this further with him.

I hope that I have been able to reassure my noble friend Lady Brinton about our continued commitment to high-quality teacher training and the essential role of universities. I also hope that given the range of measures which we are planning to put in place in relation to special educational needs, the noble Lord, Lord Rix, will agree that we do not need this prescription. I ask my noble friend Lady Brinton to withdraw her amendment.

Education Bill

Debate between Lord Knight of Weymouth and Lord Hill of Oareford

Wednesday 6th July 2011 Grand Committee

[Lord Hill of Oareford]

That would be private.

[Lord Knight of Weymouth]

The issue of Facebook is challenging, because it is possible to establish closed groups within Facebook, which people can join only if they are invited. You would not regard those as public because you are there only by invitation. However, once you are in the group, things can be said. Where would that sit?

[Lord Hill of Oareford]

I am not answering. I cannot respond to the speaker. We want to hear from the noble Lord, Lord Phillips.

Education: Academies Funding

Debate between Lord Knight of Weymouth and Lord Hill of Oareford

Tuesday 21st June 2011 Lords Chamber

[Lord Hill of Oareford]

There are a number of complexities in the system. One that is not widely recognised is that, because of the way in which the LACSEG system operates, local authorities continue to receive funding for some services that academies are being funded for. So there is some double funding. It is not that an academy is getting more than it should; it is that, traditionally, the local authority has carried on receiving that funding. We need to look at that and to address all these issues to make sure that the principle of equity is maintained.

[Lord Knight of Weymouth]

My Lords, I agree that the current funding system is too complex, which is why I announced a review when I was Minister in 2008. The consultation was ongoing when the noble Lord became a Minister—perhaps he could have encouraged his colleagues to deal with it quicker by picking up that consultation. Will he answer the specific point raised by the noble Baroness, Lady Jones of Whitchurch, about making sure that no maintained schools have lost out? I have looked at comparisons across local authorities, including in Hampshire, where maintained schools are getting considerably less than they were in contrast to schools in other authorities. Given that the academies in Hampshire have done so well, can he give us an assurance that maintained schools will not lose out as a result of this problem?

[Lord Hill of Oareford]

My Lords, as a former Academies Minister, the noble Lord, Lord Knight, will be one of the few people on the face of the earth who may have some glimmer of knowledge of how the LACSEG operates. I had not realised that he had initiated a review. I would be happy to discuss where he got to with it, because we are obviously grappling with the same issues. He will know that, because of the complexity and because the approach taken varies from year to year and from local authority to local authority, it is hard to be definitive about how the system operates. I give the noble Lord an absolute undertaking that our aim throughout is to make sure that the funding that an academy gets is the same as it would have got as a maintained school, and that a maintained school will not be disadvantaged by the development of the academies programme.

Education: Vocational Subjects

Debate between Lord Knight of Weymouth and Lord Hill of Oareford

Thursday 12th May 2011 Lords Chamber

[Lord Hill of Oareford]

I am grateful to my noble friend for her welcome for the Wolf review and her recognition of the importance of vocational education. One of the performance measures that we are keen to try to develop is a destination measure for schools and colleges so that we can see where children and young people go on to when they leave, and so that parents can see how a school or college is doing, whether it is vocational or academic.

We are keen to have more information generally. As that spreads and people are able to look at data and find their own ways of using them, the measure that my noble friend mentioned of seeing how schools and colleges might be doing, particularly as regards vocational or technical subjects, will develop of its own accord. The point of the EBacc is to try to have a small, narrow basis on which to shine a spotlight, particularly on academic subjects. It is not meant to betoken any kind of judgment and is obviously not compulsory. It is not a qualification in its own right. We want schools to decide for themselves whether it is something that they want to pursue. As my noble friend flagged, there is no statutory requirement on timetabling around the EBacc. There is, indeed, no statutory requirement that anyone should offer the EBacc at all.

[Lord Knight of Weymouth]

My Lords, I, too, found much of the Wolf report interesting and valuable. The beginning part of the Statement had a slight annual report feel to it with its list of achievements. It may be slightly cheap to say that I noted there was no list of the number of U-turns that the Secretary of State has performed, but it is time that there was a U-turn on the English baccalaureate. The commitment to end the pervasive two-tier system in education, which many of us have worked hard to try to get rid of, would be more credible if the English baccalaureate included practical learning for everyone, so that the Secretary of State’s commitment to ensure that academic subjects are available to everyone extended also to vocational subjects. Then we might be able to make some progress. The 80 per cent of curriculum time devoted to the English baccalaureate subjects leaves 20 per cent not just for vocational subjects but also for statutory religious education, sport—to which I am sure the Minister is committed—and a number of other things that we all want to see delivered in our schools. How can he show that the Government’s commitment to end the two-tier system as between vocational and academic subjects is credible while the English baccalaureate continues?

[Lord Hill of Oareford]

I know that the noble Lord has worked for a long time to try to overcome the problem that we all see regarding the perception of a two-tier system. I certainly share that objective. Many have strong feelings about the English bacc. I come back to the point that its purpose is not to be discriminatory in the way that the noble Lord suggests—although I know that he did not use that word. The motivation behind it was to tackle the fact that children from poor backgrounds have not had the chance to study certain subjects—such as modern foreign languages, which have declined in number, history or other subjects—as much as one would like. Only 4 per cent of children on free school meals achieve the EBacc. That has a very narrowing and limiting effect on their possible progression to higher education. The measure we are discussing is intended to tackle that situation.

I entirely take the noble Lord’s point that one does not want to entrench a sense of difference in this regard. As he knows very well, alongside things such as the EBacc, which I hope we do not take in isolation, we are committed to university technical colleges and studio schools, which I am very keen to encourage the spread of so that children who are in danger of becoming disengaged get the change to re-engage, learn practical skills and, in the process, pick up some academic ones as well. I understand the noble Lord’s point, but I hope that he and other noble Lords may see the EBacc in the broader context of what we are trying to do across the piece to raise the prestige of academic study, alongside raising the prestige of technical and vocational subjects.

I hope that Professor Wolf’s report, in giving us pointers to how we can give everyone confidence in the quality of vocational qualifications—and I very much welcome the support for that across the House—will be another leg in tackling the problems that the noble Lord identifies.

Education: English Baccalaureate

Debate between Lord Knight of Weymouth and Lord Hill of Oareford

Thursday 5th May 2011 Lords Chamber

[Lord Hill of Oareford]

My Lords, one problem has been that children have been limited in their choices and some of that limitation has applied to some of the key academic subjects. That is what we are keen to open up. We are trying to open up more choices.

I agree with my noble friend that the Government cannot monitor every school and should not seek to micromanage those schools. The English bac is part of what we are trying to do more broadly to encourage more information about school performance. I hope over time that with the provision of more information, whether it is on the vocational or academic qualifications being offered, schools and parents will work out for themselves what is the most appropriate mix of subjects for the children in those particular schools to study.

[Lord Knight of Weymouth]

My Lords, I know that the Minister is concerned to ensure that those currently disengaged from schooling become re-engaged. Many of those young people are more engaged by learning by doing—by creative and vocational learning—than by the narrower academic styles of learning incentivised by the English baccalaureate. What advice would he give to head teachers? Should they focus on doing well in the English bac or in engaging the disengaged?

[Lord Hill of Oareford]

As is often the case, the issue is not either/or but both/and. I agree strongly with the noble Lord that one wants all schools to do what is right for their children. I take the point about engagement; that is why I am supportive of studio schools. Alongside things like the English bac, which is to try to get more of a focus on academic subjects, I want to encourage and promote things like the studio school movement precisely to give some of those disengaged children the chance to learn practical skills and then re-engage with school. There are also UTCs, as well as the review of the vocational qualifications. I hope that that is all part of the picture. I do not see this as a black-and-white choice or as saying that all children should go down one route rather than another.

Building Schools for the Future

Debate between Lord Knight of Weymouth and Lord Hill of Oareford

Monday 14th February 2011 Lords Chamber

[Lord Hill of Oareford]

I can certainly confirm that the department accepts the judge’s ruling. On the second point, I will have to check whether that was at issue.

[Lord Knight of Weymouth]

My Lords, the judge found that there was an abuse of power by the Secretary of State. Given the unrepentant tone of the Statement and the unrepentant nature of the Secretary of State in the other place in answering this Question earlier today, is it not important that the public believe that a fresh, objective look is taken at the circumstances of the six authorities? Is it not therefore right that the decision should be taken away from the Secretary of State—just as the decisions about Sky were taken from Vince Cable and given to Jeremy Hunt—and given to a Minister whom we all trust, such as the noble Lord?

[Lord Hill of Oareford]

I am most grateful to the noble Lord for his attempted hospital pass, which I decline to accept. The reason that I decline to accept it is that although, as I said, I have spoken to a large number of local authorities concerned over many months and will be happy to do so again, the judge makes clear in his ruling that in his view the decision as to what to do subsequent to the representations made by the six local authorities rightly rests with the Secretary of State.

Apprenticeships

Debate between Lord Knight of Weymouth and Lord Hill of Oareford

Wednesday 9th February 2011 Lords Chamber

[Lord Hill of Oareford]

My Lords, I am glad to tell the noble Baroness, Lady Howe, that as well as increasing the number of apprenticeships available for 16 to 18 year-olds, we are increasing the number available to people older than 19.

[Lord Knight of Weymouth]

My Lords, the Minister is right to pay tribute to the excellent work of my noble friend Lord Young of Norwood Green, who, when he was a Minister, legislated in this House to bring forward a guarantee of an apprenticeship place for every suitably qualified 16 and 17 year-old. Why, then, will the Minister’s own Education Bill get rid of that apprenticeship guarantee?

[Lord Hill of Oareford]

The difference between us is in essence a philosophical one. As I hope I have demonstrated, both sides of the House are committed to the idea of increasing the number of apprenticeships, their status and the esteem in which they are held. The difficulty with the previous approach of offering a guarantee is that, given that apprenticeships are employer-based, they are dependent on employers providing the place in work, which is not in the gift of government to control. Giving a guarantee on which one cannot deliver does not seem to me to be a guarantee.

Schools: Pupil Premium

Debate between Lord Knight of Weymouth and Lord Hill of Oareford

Monday 6th December 2010 Lords Chamber

[Lord Hill of Oareford]

As my noble friend will know, because she and others in her party have campaigned for this so hard, the Deputy Prime Minister announced fairly recently that there will be a sum, building up to £300 million over the spending review period, for extending help for the most disadvantaged two year-olds in early education.

[Lord Knight of Weymouth]

My Lords, will the eligibility for the pupil premium be broadly similar to that for the current education maintenance allowance? If the Government are serious about increasing educational opportunities, should not eligibility for the pupil premium passport entitlement to the EMA at 16 and bursaries for tuition at university thereafter?

[Lord Hill of Oareford]

My Lords, the pupil premium, as the noble Lord knows, is intended for pupils from the age of reception up to year 11. I am aware of the issues around the education maintenance allowance and the point that underlies the noble Lord’s question. The enhanced discretionary fund, which will be targeted on those who most need the help, will, I hope, deal with some of that. For 16 to 18 year-olds, deprivation factors are already in the funding formula which will help to address some of the same issues.

Academies Bill [HL]

Debate between Lord Knight of Weymouth and Lord Hill of Oareford

Tuesday 6th July 2010 Lords Chamber

[Lord Hill of Oareford]

My Lords, I start by saying to the noble Lord, Lord Hunt, and other noble Lords that I am sorry that the model funding agreement did not get to them any earlier. I know that there is a lot to take on board and that it is a long document. On his particular point about paragraph 17, the model will need some changes to reflect the particular circumstances of individual schools, which I hope answers his question.

Like the noble Lord, I am grateful to my noble friends for raising the issue of grant funding and for giving me the opportunity, I hope, to reassure them and the rest of the House as far as I am able. On Amendments 2, 19 and 19A, as we discussed at an earlier stage and to which the noble Lord, Lord Hunt, has just referred, the rationale for allowing the Secretary of State to fund via a grant in what is likely to be a small number of cases is to provide more flexibility, and as we have also discussed, we envisage a grant being used particularly in response to proposals for a free school where by definition there is no track record. We think that this flexibility makes more sense than committing to seven years at the beginning, but I want to emphasise that we expect this to be a minority of cases.

[Lord Knight of Weymouth]

Perusing the model funding agreement, I have one question on the specific issue of the general academies grant. Clause 50 talks about the amount of grant that would be available in the first year of conversion, and that the money would be on the same basis as that used by the local authority for determining the budget share of the predecessor maintained school. In the case of an academy free school where there is no predecessor, how would the funding for the first year be calculated so that people who are interested in setting up these interesting new schools can have some certainty?

[Lord Hill of Oareford]

I accept entirely the need for giving certainty to people who are setting up new schools. This process has just started and the question will be worked through with the first group of schools that have expressed an interest. It is a good point to which we will need to return when we have done that work.

On the point my noble friends have raised with me, particularly in relation to Amendment 28A, I stress that any academy funded via a grant will be subject to exactly the same requirements as those which apply to the funding agreement: there will be the same safeguards on admissions, exclusions and special educational needs, about which I know not only my noble friends but others on all sides of the House are concerned. These safeguards will apply equally to the majority of academies, which will be funded by the funding agreement, and to the minority, which may turn out to be funded by grant. The safeguards will be set out in the grant letter just as they are set out in the funding agreement. I can confirm that the governing body and the academy trust would be aware of the terms of the grant before finalising the academy arrangements. I hope that provides reassurance to my noble friends and your Lordships generally and I am happy to place it on the record.

Amendment 20, to which a number of noble Lords have spoken, would require academy funding to be based on the needs of pupils as well as on their numbers. I agree with my noble friends and others who have spoken that the needs of pupils as well as the numbers of pupils must be taken into account. The primary driver of academy funding will be the numbers on the roll because that is the best way to begin to measure the total amount of teaching and other resource that is likely to be required in a school. However, the local authority funding formula which is used to fund an academy also contains factors which measure special educational need and the level of deprivation among pupils. Some do this directly—for example, by measuring prior attainment—others use proxy indicators such as free school meals. The sixth-form formula used for academies and maintained schools also contains a measure for deprivation. In no case is an academy funded simply on the basis of its pupil numbers.

On the point raised by the noble Lord, Lord Knight, we intend developing a simple funding model for free schools based mainly on a per pupil amount. However, of course—I think this point was raised by my noble friend Lady Walmsley; she will forgive me if it was not her—the pupil premium for disadvantaged pupils, on which we will bring forward proposals in the autumn, will also be in operation and so needs will be recognised.

On Amendment 12A and the establishment of an independent monitoring system, as we discussed in Committee, the Bill requires that the academy arrangements will oblige the academy proprietor to comply with these characteristics when establishing and running an academy. The Secretary of State ensures at the outset—