Academies Bill [HL]

Lord Rix Excerpts

Wednesday 23rd June 2010 Lords Chamber

[Baroness Royall of Blaisdon]

My Lords, I shall speak also to Amendments 22B, 60B and 60C. The amendments in this group are designed to probe the Government’s thinking on free state education, because there appear to be mixed messages in the Bill. There is a simple but important principle to which I hope we all adhere. This essential principle is contained in the great Education Act 1944, which was brought in by this Government's coalition predecessor, the last formal coalition Government in this country. The principle is that there shall be universal education for all children in this country, and that that education shall be free.

We have been given assurances by the Government that they do not intend that academies should be allowed to charge. However, paragraph 13 of the Explanatory Notes states:

“Subsection (7) provides that an Academy may not charge for admission or attendance at the school or for education provided there”—

so far so good, but it goes on to state—

“(unless the Academy agreement or grant under section 14 of the EA 2002 specifically permits it)”.

Why the “unless”, and why are there any exceptions? I do not understand. The Bill would allow another party—that is to say, an individual, group of individuals or an organisation—to enter into academy arrangements with the Secretary of State, convince him or her that those arrangements should include the right to levy charges for admission to all education at the school, and open for business. I do not believe that that is the situation, but I would be grateful for an explanation and clarification from the Minister.

[Lord Rix]

My Lords, I shall speak also to Amendment 75 in my name. The possibility of charging is apparent in this clause. The Minister will be aware that children with SEN have additional needs that sometimes require additional resources. It is the responsibility of the school and local authority to meet those needs. I would be extremely concerned if there were moves to charge parents for special education provision. I do not believe that it is the intention of the legislation to charge pupils with SEN, but I would welcome clarification on this point.

[Baroness Walmsley]

My Lords, I tabled Amendment 67 in this group. It probes a specific point about how local authorities will continue to fulfil their statutory duty under the Childcare Act 2006 to ensure that there are sufficient free places for every three and four year-old whose parents want one. Local authorities are also responsible, in consultation with local delivery partners, for determining the rate at which providers will be funded for delivering the free nursery places, and for the arrangements for making associated payments. Since April 2004, all three and four year-olds have been entitled to a free part-time early-education place. Free places can be provided by a variety of providers in the maintained, private, voluntary and independent sectors, including preschools, playgroups and registered childminder networks. Local authorities must have regard to the comprehensive statutory guidance set out in the code of practice when making arrangements for the provision of free early-education places. Parents are not required to contribute towards the free early-education entitlement, but may be charged fees for any additional childcare services that may exceed the free part-time early- education place. The number of hours available each week is currently 12.5, which will go up to 15 in September.

Since 2006-07, the funding for under-fives provision has been provided through the dedicated schools grant to all types of provider, including private, voluntary and independent providers. The direct schools grant is a ring-fenced grant for education purposes, but local authorities retain autonomy over how they allocate their spending across the age range to make most effective use of resources at local level. In a recent parliamentary Statement, the Minister for Children, my honourable friend Sarah Teather MP, committed the Government to the extension of the free entitlement to early education, as planned, for three and four year-olds to 15 hours from September and to 20,000 of the most disadvantaged two year-olds—something that I particularly welcome. The amendment seeks clarity about how that will be achieved through the primary academy schools proposed in the Bill. Can the Minister give me some reassurances about this? We do not want academies that make provision for children under compulsory school age, as well as for those of compulsory school age, to charge by the back door.

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[The Deputy Chairman of Committees (Baroness Morris of Bolton)]

If Amendment 18 is agreed to, I cannot call Amendments 19, 20 or 22 because of pre-emption.

[Lord Rix]

My Lords, perhaps I may jump the queue and say a few words about Amendment 55. I am afraid that I cannot support it with any degree of warmth, but it raises a number of questions that I want to put to the Minister.

In contrast to funding for mainstream schools, most funding for special schools is place-led, with the number of places agreed with the local authority and reviewed every year on the basis of local needs. Recognising that academies are funded directly by central government, I seek clarification as to the source of the upfront funding for what the Special Educational Consortium assumes will be referred to eventually as special academies.

As the Minister will be aware, special schools will frequently have a pupil intake from across a number of local authority areas, which could have major implications for the future funding arrangements for special academies. For example, some funding for special school placements will be determined locally, while some will be funded centrally. How can we ensure that the two systems work together in harmony? Will it be for the Department for Education to decide on the number of places at a special academy that should be funded each year? Will special academies be in a position to seek financial reimbursement if a child is placed in a special academy from outside their home local authority?

There are further questions on Amendment 113, but to a certain extent the Minister has already answered the first of them. I believed that it was the intention to allow the schools outstanding in the judgment of Ofsted to become academies by September this year. I seek assurances that “outstanding” in the judgment of Ofsted includes consideration of special educational needs and the outcomes for children with SEN.

As regards Amendment 188, I recognise that one of the principal intentions behind the Academies Bill is to ensure that schools are increasingly able to remove themselves from local authority control. However, academies will still have to continue to co-operate with local authorities in a range of different ways if they are effectively to meet the diverse range of needs of children in their area—for example, in meeting the needs of a child with a statement. The local education authority is legally responsible for arranging that the special educational provision specified in a statement of SEN is made, although the actual delivery of the support will be mostly at school level.

In maintained schools—and I recognise that the current system does not always function effectively—there is a degree of leverage for the local authority to ensure that the special education provision is made. However, because academies are in effect independent schools, local authorities have no levers by which to ensure that academies work in partnership to meet those needs. Parents with children in maintained schools currently have the option of complaining to the local authority, and then the Local Government Ombudsman, if they believe that a school is not meeting the specification in a child’s statement.

The coalition Government propose that parents with a child in an academy must complain directly to the Secretary of State. Where a child with a statement is not receiving the right support and is missing out on their education, parents are naturally desperate to see the issue addressed. I believe that the coalition Government should look carefully at whether handling all complaints about academies via the Department for Education is the most effective way of ensuring that parents get the quickest access to the right support for their child. I seek assurances from the Minister on that point and the others that I have raised.

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Moved by

[Lord Rix]

22: Clause 1, page 1, line 20, at end insert “and has characteristics that include those in subsection (6)(a)”

[Lord Rix]

My Lords, I should like to take this opportunity to say how much I welcome the fact that the Bill requires mainstream academies to have characteristics which include teaching a balanced and broadly based curriculum, and provide education for pupils of different abilities. I trust that that includes pupils with a learning disability. However, I am concerned that the Bill does not appear to place a similar requirement on special schools converting to academy status. It is important to emphasise that a similar requirement is in place for special schools which become academies and ensure that they offer all children with SEN and disabilities a full and ambitious curriculum, including those working well below age-related expectations. Can the Minister guarantee that outstanding schools granted academy status also provide outstanding quality for all children, including those with special educational needs and disabilities. I beg to move.

[Lord Wallace of Saltaire]

My Lords, it is very difficult to guarantee that every school would be outstanding. That is one of the problems with statistics. The amendment in some ways seeks to go in the opposite direction from the intent of some of the amendments of the noble Lord, Lord Northbourne, in that it seeks to impose some restrictions on academies in terms of the curriculum that they offer.

We appreciate the noble Lord’s aim to get some security over the curriculum for pupils with special educational needs, but, as I said in answer to the previous group of amendments, for children with statements of special educational needs, the curriculum should be tailored specifically to meet their particular needs and curriculum requirements, as set out in their statements of special educational needs. We believe for children with SEN with statements this is the appropriate way to specify what they need in terms of teaching. Where a child requires a broad and balanced curriculum, I am advised that that will be specified in their statement, that the school will have to provide it, and that the amendment is therefore unnecessary. I hope that that satisfies the noble Lord. I recognise his deep concerns on this and the expertise on which he draws, but I nevertheless invite him to withdraw his amendment.

[Lord Rix]

My Lords, I cannot believe that I was placing restrictions in this amendment. I believe that I was trying to ensure that the teaching for pupils with special educational needs and disabilities would be of the highest quality and of the broadest possible range. However, I will take the noble Lord’s answer back to the Special Educational Consortium, which acts as my consultants on this, and I may return to this matter on Report. I hope that it is satisfied with his response. I beg leave to withdraw the amendment.

Amendment 22 withdrawn.