Schools: Special Measures
Lord Storey Excerpts(8 years, 11 months ago)
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Lord Storey
To ask Her Majesty’s Government what powers local authorities have to deal with schools that are put under special measures.
The Parliamentary Under-Secretary of State, Department for Education (Lord Nash) (Con)
My Lords, the Education and Adoption Bill, which we will be debating shortly, will require the Secretary of State to make an academy order for any inadequate maintained school, fulfilling the promise made in our manifesto. The local authority will then be under a duty to facilitate conversion. Local authorities retain intervention powers under the Education and Inspections Act 2006 in schools eligible for intervention, including inadequate schools. However, the revised Schools Causing Concern guidance, currently under consultation, makes it clear that it will generally be regional schools commissioners who intervene, using the powers of the Secretary of State.
Lord Storey (LD)
I thank the Minister for his reply. The chairman of the Local Government Association’s children and young people board, a Conservative, said that local authorities,
“must be regarded as education improvement partners and be allowed to intervene early and use their vast experience, integrity and desire to improve the system”.
In the spirit of Christmas time, will the Minister agree to meet to see how we can further enhance the role of local authorities in school improvement?
Lord Nash
I would be delighted to meet to discuss that. We are committed to spreading education excellence everywhere. The Schools Causing Concern guidance makes it clear that local authorities should continue to act as champions of education excellence in the schools they maintain.
Education and Adoption Bill
Lord Storey Excerpts(8 years, 11 months ago)
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Lord Storey (LD)
I shall speak to Amendment 15. I preface my remarks by saying that I agree with the noble Lord, Lord Sutherland, that it should not all be about processes. There are thousands upon thousands of teachers out there working their socks off to provide for our future generations, many of them in very difficult circumstances.
I would not want us to leave this discussion just talking about the successes of academies. We have many successful maintained schools. The noble Lord, Lord Sutherland, put it all one way. Although he complained about education in his native country of Scotland, he did not give a fair reflection of what is happening in England. As we know, more than 80% of council maintained schools are currently rated as good or outstanding by Ofsted. Councils perform above the national average in terms of progress made by pupils by three times compared with the largest academy chains.
When the Minister replies, will he put his mind to three issues about coasting? The first was rightly raised by the noble and learned Lord, Lord Mackay. The Bill gives power to future Secretaries of State to decide what may or may not constitute coasting. What will be the process for that? What consultation will be taken on that? We must be clear what is being said.
Secondly, it is not just about particular progress measures but the intake—the cohort—in a particular year. We must consider the number of children in a particular year or particular school for whom English is a second language; we must consider disadvantage. All those issues have a huge impact on the results that the school obtains. It might appear at first glance that it is coasting in terms of the strict definition as laid out in the Bill, but what is being achieved may paint a very different picture. The noble Lord, Lord Addington, is right: other issues in a school are hugely important for not just academic progress but the well-being of our society.
Lord Hunt of Kings Heath
My Lords, first, I must apologise to the Minister: I referred to Amendment 20, as the noble Lord, Lord True, rightly pointed out. All I can say is that perhaps that has given the Minister advance notice of any issues that might be raised when we come to that group, but I apologise for misleading the House on that point.
Secondly, my noble friend Lady Hughes and the noble Lord, Lord Sutherland, until he got into his view about academies and other schools, made the point that these debates on structures are rather tedious and sometimes detract from our overall concern about the outcome for individual pupils at our schools. I thought that the chief inspector, in his recent report, had it right when he said:
“Much of the education debate in recent years has revolved around school structure”.
He refers to academies as having,
“injected vigour and competition into the system. But as academies have become the norm, success or failure hasn’t automatically followed. The same can be said of those schools that have remained with local authorities”.
I appeal for some balance in our debate. I do not understand the argument that academisation is automatically the route to be followed, because the evidence is not there. Where is the evidence? It is a fact, is it not, just to take the recent DfE 2015 data, that recent key stage 2 improvement results show that improvement is significantly greater in primary schools that are not academies—that it is actually greater in maintained schools? This becomes a very sterile argument. We have been debating this Bill for many happy hours and I am still waiting for the Minister to say something positive about maintained schools. Surely the 133 local authority schools graded as outstanding since 1 January deserve some recognition.
Lord Storey
My Lords, I shall speak to Amendments 15C and 16A. I guess that every Member of the House who has children thought long and hard about the school they wanted to send their children to. Finding the right school to meet the needs of a child at both primary and secondary level is crucial. In some cases where there is no suitable school, or which they think is not suitable, parents have gone to the free school movement and established their own schools. In other cases parents with the resources to do so choose to buy a school place in the independent sector. The choice of a school has been a hugely important part of our education system.
As I said in Committee, when a school closes or changes in nature, it is traumatic for the children, traumatic for the parents, and certainly traumatic for the staff. So what are we going to do? Going back to the previous debate, let us consider a school that is failing. The regional schools commissioner, who by the way is not regional and certainly not local, can decide that the school will close and that a sponsor for a new school will be found. There will be no discussion or consultation with parents. It might well be that the school that the regional schools commissioner puts forward is not the school the parent wants—but tough. For a long time, parental choice has been ingrained in, and has been an important part of, our education system. Various Secretaries of State, both Labour and Conservative, have enshrined the idea of parental choice and parental involvement. Surely, it is right that a parent has the opportunity to express their views.
Following Committee stage, I am pleased that the Minister has made some progress in this regard. He chooses to use the word “communication” and not consultation. When the regional schools commissioner has identified an academy sponsor to take over a school eligible for intervention, the sponsor must communicate to parents information about plans to improve the school. When the regional commissioner decides that a school is failing, will they write to every parent telling them what is happening and what will happen so that they have an understanding of why and when? The letter says that there will be guidance as regards schools causing concern and that they may, if they wish to, have a meeting or they may choose just to write to parents. Would it not be a good idea to specify clearly what should be expected of sponsors when taking over a school so that parents have that information?
Crucially, parents want more involvement in education. They want a say in their child’s schooling—everyone here has wanted a say in our child’s schooling. The selection of the sponsor is critical to the child’s future. Not all sponsors, as the Sutton Trust shows, are as effective as others, particularly, for example, in supporting disadvantaged pupils. I shall give an example of where consultation works. The line we have constantly heard—I think that the noble Lord, Lord Sutherland, repeated it—is that a single day in a failing school is a day too long for that child. A single day in the wrong school is too much for that child. A single day in a school which the parents are unhappy with, or has had foisted on them, is too long. Let me give an example of parents who were consulted and made a change. It happened at a primary school in Medway with a large number of pupils who had special needs. They were not opposed to academisation but they were opposed to the sponsor proposed by the DfE. After consultation, and no doubt a short campaign, the academy withdrew. Presumably, it realised that it had not got the wherewithal to deal with that situation.
The other argument against consultation has been the line that it can drag on for months and years, et cetera, which of course is wrong. But it does not mean that there cannot be a very quick consultation over a few months so that the parents are involved. I hope that even at this late stage the Minister might consider how important consultation is to parents and their children.
Baroness Morris of Yardley (Lab)
My Lords, I will speak only briefly on the amendment because the issue of consultation has been covered in an earlier group. I will make two or three points. For me, consultation is not the most important part of the Bill, but it is an important point of principle. Once we decide something today, it will probably set the pattern for future ways we deal with schools, so it is worth spending some time on.
My first point was made by the noble Lord, Lord Sutherland, about the now famous phrase that noble Lords have used during the passage of the Bill: “A day in a school that is failing is a day too long”. I am not sure why the consequence of that is that parents should be denied consultation; it should be that the education system gets its act together. Let us say that three years go by in a coasting school—a school is inadequate. It is not a case of who is to blame, but if you ask what went wrong—it could have been poor leadership; something that Ofsted missed; we could have missed the data; we may not have acted quickly enough; support put in might have been at the wrong point at the wrong time—of all the people who could have got it wrong, it probably was not parents. Yet the bit of the system that we change at this point is, “Well, we won’t consult parents”—almost as though they will be the problem, rather than the potential solution. This is not a huge point, but we have to ask why, if a child should not be in a failing school for a day longer, the education system responsible for that should just carry on working and why parents should be squeezed out.
The noble Lord, Lord Sutherland, made another point about this terrible phrase, “We are where we are”. It is one of my least favourite phrases, but we are where we are. Over the last 20 years, one of the features that we have put in our education system, which the noble Lord, Lord Storey, just mentioned, is the increasing involvement of parents. I think the noble Lord, Lord True, mentioned what happened in consultation in the grant-maintained days. It is true that it was not a pretty sight, but, believe it or not, that was nearly 30 years ago. Lots of things have happened since then. Whether it is setting up free schools, parents’ right to call in Ofsted inspectors, or the mooted idea that parents should have the right to demand the curriculum, to sack the head or whatever, there has been a trend over the last 20 years of giving parents a louder voice, not only in the education of their own child, which is paramount, but in the education structure their child is in. Whether we like it or not, we are where we are with parental consultation. We have to make a really strong case, given the climate in which we are working, that parents should be excluded on this.
Under new Section 2A(2), introduced by the Minister’s Amendment 24, in a case of a failing school where the academy sponsor has not delivered the goods and must hold some responsibility, and where the department is taking action, the proprietor must be given an opportunity to make representations before the academy sponsor is changed. That is a big issue. If we write into primary legislation that an academy proprietor that has not done a good job—that is why the organisation has been moved out—must have an opportunity to make representations, I am not sure why would want to strike out of legislation the opportunity for parents to make representations as well.
Consulting parents is rarely a bad thing, but it calls for sensitivity and determination, because I do not believe that parents always get it right. I do not agree with the amendment that there should be a plebiscite in all cases and that we should take the action that parents vote for. However, it should be part of this important process.
Lord Storey
“( ) In determining whether to make an Academy order in respect of a maintained school in England, the Secretary of State must consider the availability of a suitable sponsor with a value added measure above the national average.
( ) If no suitable sponsor is available, the Secretary of State must appoint as a sponsor a willing council-maintained school or local authority with a value added measure above the national average.”
Lord Storey
I will speak also to Amendment 25. I am concerned that the whole tenor of this discussion has almost been, if I may characterise it in this way, along the lines of maintained schools against academies. As we know, there are some fantastic academies; we heard from the noble Lord, Lord Harris, about his schools, which I know to be highly successful. However, I am sure that he will agree with me that just as there are successful academies, there are also some failing academies, which over the years have caused a number of raised eyebrows and concerns. Equally, there are some very good maintained schools and some maintained schools which need sorting out. Whether that is done through an academy route or other means, it needs to happen.
I will first deal briefly with Amendment 25, which is about the inspection of academy chains. We know from media that Michael Wilshaw, our Chief Inspector of Schools, was very keen that the head offices of academy chains were inspected. Why? It is because academy chains deal not just with individual schools but with finance and governance, and all those important issues. Just as we would inspect local authorities that provide services and finance for schools, the same should surely be true of academy chains.
We have seen examples of academy chains where, perhaps because we have not had our finger on the pulse of the financial situation and the governance of those academy chains, we have seen all sorts of concerns. I was going to go through them all, but I have decided to cut short what I am saying. I understand that we can inspect individual schools in batches in academy chains but I will be interested to hear from the Minister in his reply how we can be assured that the issues of finance and other governance matters are dealt with correctly.
Amendment 15D, again, follows the discussion on the previous amendments. Over the next 12 months or two years, thousands of schools will potentially need to find academy sponsors because they are failing, or are coasting and becoming failing, or because academies themselves fail and have to find other new academy sponsors. That will put a tremendous pressure on the system. In this amendment we are saying that if there is a suitable maintained school which has value added above the national average, why not use that school and provide its expertise? It is clear and simple. If we are about ensuring, as we heard in the previous debates, that the pupil gets the best possible schooling and teaching, and if an academy sponsor is not available, why not use a council-maintained school?
Baroness Morris of Yardley
My Lords, I will speak on a specific issue to follow up something I raised in Committee and to make reference to a note I received from the Minister’s office this afternoon, which I wanted to put on the record.
On this amendment, considering the difficulty there sometimes is in finding sponsors, we raised in Committee that this is a problem with a number of sponsors and the length of time it has taken in some instances to match a school to a sponsor. The Minister kindly responded to my point in Committee when I asked what the target was for doing the match. He said that there was a 12-week turnover and that 48 schools had not met that 12-week target. That is very reasonable. To get a sponsor matched with a school within 12 weeks is not unreasonable, and I would not complain.
I wrote to the Minister’s office about a month ago asking for a breakdown of how long the schools had been waiting that were in the 48 that had exceeded the time limit. I got a message by email only at the start of this debate. To tell noble Lords the truth, I am quite prepared to sit down and be told that I have read it wrongly, because I find the statistics rather worrying. If that is the case, I apologise in advance and will make sure that the correction is on the record. Of the 48 schools that were just inadequate, which exceeded the 12-week brokerage time, 16 took six to 12 months, 19 took 12 to 18 months, 12 took 18 to 24 months, and one took over 24 months. Therefore the department took over two years to find a suitable sponsor for one school which had been judged inadequate. A quick add-up shows that 32 took over one year. We have heard all about “A child shall not stay in a school that’s failing them for one day longer than necessary”, but who is responsible for that? Who is responsible for those children in that one school where it took the department over two years to find a sponsor? Who is responsible for the 32 that took over 12 months to find a sponsor? I am making a political point, but I am worried about the path we are going along, which has this as the only route and only solution for inadequate schools. Now we will add to it a whole lot more coasting schools and thereby increase the demand for sponsors, and the department seems to be failing miserably in delivering the sponsors in sufficient time. That leads me to conclude as regards this amendment that perhaps we need to look at alternative ways of finding sponsors and support if we go ahead.
Can the Minister ask his officials to convert the email to me into a letter to all Members of the Committee and place a copy in the House so that it can be seen alongside other correspondence which has been part of the consideration of the Bill?
Lord Storey
I thank the Minister for clarifying the situation in terms of the inspection of academy chains. In terms of Amendment 15D, it causes concern when we constantly hear the line about a single day in a failing school being a day too long for a child when we have also heard that if an academy sponsor cannot be found a pupil can wait for months and months, even if there is a nearby local maintained school which has the reputation and the results—
Lord Nash
I am grateful to the noble Lord for allowing me to intervene. I think that I can clarify the point and, at the same time, answer the point made by the noble Baroness, Lady Morris. I am sorry that I did not do so earlier. The answer that we gave—I will put it in writing to the noble Baroness and other noble Lords, and put a copy in the Library—concerned not how long it took to match a school to a sponsor but how long the school had been inadequate. I am happy to meet the noble Baroness to discuss this further but it is quite clear that the delay in these cases will not always have been because of the lack of a sponsor. There are lots of delays for other reasons—the exact kinds of issues that we debated on the previous amendment, and I am sorry that the noble Baroness did not raise the point then.
Lord Storey
So I say again that some pupils will be waiting for a considerable time in their failing school when there might be a nearby maintained school that has a tremendous reputation and tremendous results—but we are not prepared to engage it. Of course, that comes back to what this is really all about. This is not about providing the best educational opportunities; it is about what the Prime Minister said at the Conservative Party conference. His ambition is for every school to be an academy and for local authorities running schools to be a thing of the past. That is presumably why the Minister is not happy with the notion that, if there is a council-maintained school or local authority with a value-added measure above the national average, you could use them. He is not interested in that because that is not the political philosophy. I think that that is a great mistake and a great shame. It is about what is best for the child. Therefore, on this amendment, I would like to test the opinion of the House.
Education and Adoption Bill
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Lord Storey (LD)
My Lords, we on this side are now anxious to make progress. We have had the discussions and the debate and are grateful to the Minister for the concessions that he has made on a number of issues. I pay tribute to him for that. He has worked hard at it. We do have some fundamental differences, but this is government: we have to move on, accept what has happened and make the changes work.
Unlike the noble Lord, Lord True, I am not going to pore through every comment that Conservatives have made and try to score cheap points, except to say of course that at the last general election, they got 37% of the vote and only 26% of the entire electorate.
Education: English Baccalaureate
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Lord Storey (LD)
My Lords, the Minister will no doubt be pleased at the increase in the number of pupils studying science and maths. He used the phrase “broad and balanced”. He will also be aware that the creative industries are really important to the UK economy. Is he not concerned that we are seeing a decline in the creative and cultural subjects being taught at secondary school? If it continues apace, will he consider recommending that a creative or cultural subject be part of the EBacc offer?
Lord Nash
We are not considering the noble Lord’s second point. There is no evidence that EBacc has had a detrimental impact on arts subjects. Since 2007, the percentage of pupils taking at least one arts GCSE has increased by 6%. A number of free schools—School 21, East London Arts & Music academy, Plymouth School of Creative Arts and the LeAF Studio School—specialise in arts and media.
Adoption
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Lord Nash
I share the noble Baroness’s concern about this. I know that it is of particular relevance to her own experience. We have announced that we are making changes to the regulations governing how special guardianships are assessed to make it more robust. Our review of special guardianships has shown compelling evidence that they are not always assessed in a way that puts children’s interests first. We plan to publish the wider findings of that review before Christmas. As I said, the Prime Minister announced that we are considering legislative change to ensure that decisions are always made in children’s best interests, and to take proper account of the timeliness, quality and stability of placements. We will publish our thoughts in the new year and we will engage widely with the sector about this.
Lord Storey (LD)
It is vital that all children are in a loving and stable home. Data released from the Minister’s own department, the DfE, show that 6,000 children went missing from care in the year to March 2015. What is he going to do about that?
Vulnerable Children: Kinship Care
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Lord Storey (LD)
Perhaps I, too, may start by thanking the noble Baroness, Lady Armstrong, for initiating the debate, the Kinship Care Alliance for providing briefing by my noble friend Lady Tyler of Enfield, and indeed the House of Lords Library. I said at Question Time earlier today that it is vital that every child is in a loving and stable family or environment. We have made huge progress over the past few years and, like the noble Baroness, Lady Bottomley, we should congratulate the Government on what has been achieved. However, we heard during the Question on adoption about the fall in the number of children being adopted, and we saw from DfE figures for up to March of this year that some 6,000 children have gone missing from care. We still have quite a lot of work to do and we need to understand why these things happen. We need to understand the impact that family courts can have on local authorities and how they respond to adoption. So there is always work that needs to be done.
We know that kinship children have often been maltreated so they have greater challenges for us to deal with, yet they have better outcomes, as we heard, than those who are looked-after children. The noble Baronesses, Lady Armstrong and Lady Massey, have already mentioned the figures—200,000 children raised by kinship carers across the UK and 49% of carers had to give up work permanently to do so.
I shall preface my remarks by saying that it is important that children do not just drift into kinship care that might be wholly unsuitable for them. In my professional life, I know of children who have been brought up by a family relative who at best is well-meaning but unsuitable, and at worst a real danger to that child. I agree with the Kinship Care Alliance that the wider family should be explored as the first port of call for a child entering care, taking into account the child’s wishes and feelings, and also placing a duty on local authorities to ensure that potential places are explored and assessed for suitability before a child becomes looked after.
There is a long history in the UK of children being cared for by relatives and friends when their parents, for whatever reason, are unable to care for the children themselves. Research and knowledge about kinship care is mostly limited to formal kinship care—commonly meaning placements that are made by child welfare agencies where carers have been approved as kinship foster carers. Much less is known about children who live informally with kin where the arrangements are made outside the responsibility of the child welfare agencies. There is considerable concern, since many more children are likely to live in informal arrangements than formal ones.
The policy on kinship care is developing in the UK but perhaps not in a joined-up way. In 2007, for example, the Scottish Government published a strategy for children living in kinship and foster care. Similarly, the Welsh Government agreed that grandparents and other kinship carers should be included in the delivery of parenting programmes in Wales. In Northern Ireland, minimum kinship standards which were introduced in 2012, specifying the requirements which health and social care trusts have to meet when placing looked-after children in kinship care arrangements, and clarifying the level of service that children and families can expect to receive. These relate only to looked-after children in kinship care.
While the rate of change in our four UK countries is variable, it is important to note that the message from children and kinship carers in each country was the same. For all the carers the greatest difficulty was lack of financial support. This added to their burden and made all aspects of their lives much more difficult. The way in which we deal with kinship care and how it has developed is fragmented and piecemeal. We have a complex and wholly unjust situation. Providing kinship care must be a crucial service to the community—a society caring for its own—but it sometimes pushes carers into poverty. Chance dictates whether kinship carers are supported financially or otherwise. As a result, whether kinship carers receive help financially or in kind is not related to the children’s needs or to the financial situation of the carer. Do we not need to ensure that assistance is related to need?
If we look at other countries, for example, we can learn a lot. In Spain, an allowance is paid to carers on the basis that they have enough money to bring up the child or children in care. This would be a much more equitable way of providing financial support than exists at present and would enable more relatives and friends to take on this role. It would also help in the overall problem. At present, there is considerable variation in whether allowances are paid when private law orders are made. The current discretionary system for providing financial allowances to private law orders needs to be completely overhauled and support for flexible working might enable kinship carers of working age to retain their jobs when children come to live with them. Change is needed to replace the current unjust arrangements for kinship care. We should move towards a national kinship allowance to cover the costs of bringing up the children. We need to support flexible working in the hope that it will enable more kinship carers of working age to retain their jobs when children come to live with them
A duty should be placed on local authorities to conduct a children’s need assessment. Would it not be good if we had a cultural shift in attitude for the major contribution of informal and formal kinship care as a good option for children? We know that kinship carers are under huge pressures and yet, despite taking on a huge burden from the state by looking after children who would otherwise end up in the care system, kinship carers and the children they look after are still an overlooked group who experience high levels of poverty with little or no statutory support.
Education and Adoption Bill
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Lord Watson of Invergowrie (Lab)
My Lords, I shall speak also to Amendments 6 and 7, which I thought would be treated as individual amendments but, to my surprise, have been grouped. So here we are.
Amendment 2 has been resubmitted, because we share the concerns of the professionals in the field about what the future might hold for voluntary adoption agencies after the full establishment of the regional adoption agencies. Having said that, I think that moving Amendment 2 should be a formality, because, within the past few days, the Minister has to all intents and purposes already indicated—in writing no less—his tacit acceptance of it.
In moving what was then Amendment 32ZA in Committee, I highlighted the fears of many voluntary adoption agencies that they could be squeezed out with the establishment of the regional agencies and that considerable difficulties remained as far as their involvement was concerned. I went on to say that we owed a duty to them to air those views and seek the Government’s help in prioritising them. Well, we did, and the Government did. In fact, those of us involved with the Bill received letters from Ministers in both Houses, and both responded positively. The Minister of State for Children and Families, Edward Timpson, clearly stated the Government’s commitment to making sure that voluntary adoption agencies are involved in regional adoption agencies. He stated that,
“the excellence in practice of VAAs is at the heart of the regionalised system”,
and that he wanted VAAs to be leading players in the design of that system, which was why,
“I have not approved a proposal to set up a regional adoption agency without a clear commitment to involving voluntary adoption agencies in the design of the service—and I will make sure local authorities keep that commitment”.
That is very welcome—so far, so good—but it leaves the umbrella body for voluntary adoption agencies, the Consortium of Voluntary Adoption Agencies, with concerns, because it believes that the Minister’s commitments do not go far enough in explaining how the Government will achieve that aim. In the letter of the noble Lord, Lord Nash, the paragraph on the matching process is important—and this refers also to Amendment 7. The Minister states that a regional adoption agency will have one pool of adopters that it will draw on when matching children in its area and that this will minimise sequential decision-making.
However, the issue of concern is that, within that single pool of adopters, those approved by a voluntary adoption agency will have a price attached to them in some way. Voluntary adoption agencies somehow have to cover the cost of recruiting, training and approving those adopters, as well as supporting them after placement. This may be through the current inter-agency fee of £27,000, through “block purchase” arrangements where a regional adoption agency pays for a set number of VAA adopters a year, or through other arrangements. It is not yet known how this will be arranged in the various regions; the point is that individual regional arrangements will decide it, and that is an area of uncertainty for the voluntary agencies.
If that means that voluntary adoption agency-approved adopters will be seen as coming with a cost attached to them in a way that adopters approved by the regional adoption agency will not, that is potentially an issue. Of course, adopters approved by the regional agency also come with a cost, although that is less visible. The evidence also suggests that, despite perceptions of voluntary adoption agency-approved adopters being expensive, the costs of providing an adopter are virtually the same across both the statutory and the voluntary sector. There are further concerns, as it is accepted that the inter-agency fee does not cover this full cost. Indeed, the CVAA, the consortium, estimates a shortfall of at least £10,000 per placement, which suggests that local authorities get excellent value for money from using voluntary adoption agency adopters.
In Committee, I raised the issue of what is known as sequential decision-making. In his letter to noble Lords, the Minister said:
“A regional adoption agency will have one pool of adopters that it will draw on when matching the children in its area. Individual local authorities will therefore no longer have their ‘own’ adopters to match their children with ‘in house’ as they do currently. This will ensure that sequential decision making is minimised”.
Yes, it will be minimised, but not ruled out. That remains an issue for the voluntary adoption agencies.
Part of what drives that behaviour, understandably, is the fact that local authorities often have a preference for adopters they have approved. This, in addition to the perception that voluntary adoption agency-approved adopters involve an additional cost, causes a mindset that leads to sequential decision-making. There is no reason to suppose that this mindset would be any different in a regional adoption agency. Voluntary adoption agency-approved adopters would still have to be paid for by some means, and that would not be approved in-house by the statutory part of the regional agency.
The basic issue is that, within regional agencies, voluntary adoption agency-approved adopters will still be the second preference of those deciding on matches. This is bad for children because it causes delay, and bad for local authorities because delay in placing children incurs huge costs. I was surprised—I wonder if Ministers are aware—that providing local authority-based residential care costs more than £100,000 per child per year. That is why there is a need to reform the matching process to ensure that those making the decisions are focused solely on finding the best match for the child as quickly as possible. This would be better for all parties involved and would help the Government achieve their aims of reducing delay for children and involving voluntary adoption agencies in regional adoption agencies.
Further, there is the issue of voluntary adoption agencies having to divert resources towards administrative and governance processes during the transition. We know that the Department for Education has allocated £4.5 million for this purpose but can the Minister say whether any further funding will be made available? Voluntary adoption agencies are already saying that the funding is beginning to dry up and, with the transition likely to be spread over a number of years, the problem can only intensify.
The final reason why the ministerial letters have not assuaged the concerns of those involved at the front line is that it is unclear how the Department for Education will influence the role for voluntary adoption agencies and a given regional agency. That is where typically smaller specialist voluntary agencies would be contracted to regional agencies. The assumption is that it will be for a regional agency to decide when to contract out and to which agencies. Given such uncertainties, there is clearly an issue about predictability of income for smaller voluntary agencies, some of which have already expressed fears that they will be at risk. Can the Minister offer any encouraging words to the voluntary adoption agencies to meet those worries?
Amendment 6 aims to clarify whether the Secretary of State’s powers in relation to adoption functions could be used in respect of a particular group. The key concern is about accountability and ensuring that the new system results in meaningful improvements for vulnerable children, especially the harder-to-place ones, and specifically those in the categories listed in the amendment.
The overhaul of the adoption system introduced by this amendment to the 2002 Act will have failed in its objective if it does not meet the challenges inherent in the current system. There is universal agreement that where adoption is in the best interests of the child, that child should be placed with a suitable family at the earliest opportunity. That must not mean a wait of more than two years, which it often does.
Overall there is not a shortage of prospective adopters. In March of this year, across England there were 2,810 children waiting to be matched and 3,350 approved adopters. The mismatch between these figures highlights the need for an improved system and the introduction of regional adoption agencies may in time produce that. However, there is an existential shortage of prospective adopters for certain groups of children. These groups contain harder-to-place children and include those over the age of four, those with disabilities, black, Asian and minority ethnic children and sibling groups.
The length of time between the decision being made that adoption is in the child’s best interests and the adoption taking place is, of course, key. According to the Adoption Leadership Board, in June of this year no fewer than 71% of children waiting more than 18 months between the placement order and the placement fell into a harder-to-place category; more than half of children from black, Asian and minority ethnic back- grounds waiting to be placed had been waiting 18 months or more since the placement order was made; and 64% of disabled children had been waiting 18 months or more, as had 47% of sibling groups. These indicate the scale of the problem, the extent of the improvement needed in the adoption system and the need for greater emphasis to be given to harder-to-place children.
For the new regional adoption agencies to be deemed a success, it is essential that the time these children spend waiting to be adopted is reduced, and quickly. Understandably, it will always be more difficult to find prospective adopters willing and able to adopt children in the groups to which I already referred. Part of the rationale offered by the Government for the introduction of the regional agencies is that they will lead to a larger pool of adopters from which it will be easier to find a match for harder-to-place children. There is some justification for that, and I certainly hope it proves correct. There is, however, no automatic link between creating regional adoption agencies and improving outcomes for these groups. In fact, there is a risk that the new agencies might feel under pressure to increase the overall numbers and speed of adoptions, creating an incentive to concentrate on the most straightforward matches which, of course, involve babies.
The Prime Minister’s speech on 2 November mentioned new measures to double the number of children placed with adoptive families sooner, halving the time they spend in care waiting to move into their new home. That was greeted with caution among professionals, who have serious doubts that the necessary resources will be forthcoming to allow that increase to become reality. I hope the Minister might be able to offer some reassurance to them in his reply. Equally, concern has been expressed that what I call this “hell-for-leather approach” might contravene the legal duty of local authorities under Section 17 of the Children Act 1989. That legislation states that it is the general duty of every local authority to,
“safeguard and promote the welfare of children within their area who are in need; and … so far as is consistent with that duty, to promote the upbringing of such children by their families by providing a range and level of services appropriate to those children’s needs”.
Therefore, for the Government to prioritise more and quicker adoption is questionable both morally and legally, unless local authorities are providing a good Section 17 service to families. As a consequence of the cuts that local authorities are required to make—ironically, not least in Oxfordshire, about which the Prime Minister himself has been moved to complain—there is major concern among professionals that this is not so.
Equally, there is real concern that the process of creating new regional adoption agencies will divert existing resources, leading to an undermining of current relationships. The new system will inevitably take some years to become fully effective, and there are concerns among the various agencies as to whether they will have the necessary resources during the transitional period to invest in effective services and support for children and adopters.
The £30 million made available by the Government to assist harder-to-place children is welcome, but it will not last long. It was disappointing that the Autumn Statement seemed to have nothing to say regarding additional resources for these children. Without that, it is not clear how the Government can ensure that the system will improve the waiting time for harder-to-place groups. That brings us back to voluntary adoption agencies, which have particular expertise in working with harder-to-place children; perhaps that is another aspect of their invaluable work that should be recognised.
In Committee, the Minister stated that regional adoption agencies would be,
“incentivised to find the right family for a child as quickly as possible”.—[Official Report, 17/11/2015; col. GC 47.]
Can he outline what form these incentives might take?
Returning to Amendment 6 specifically, the Government must prioritise and ensure that these groups do not continue to be left on the fringes of the adoption system. One means of achieving that would be to accept the addition to Clause 13 contained in this amendment, to allow them to become a full part of the Secretary of State’s powers under that clause. As I stated at the outset, this seems to be very much in line with the content of the Minister’s letter, so I hope he will not find any reason not to accept this amendment. I beg to move.
Lord Storey (LD)
My Lords, I will speak to Amendment 4, which is in my name and that of the noble Earl, Lord Listowel. I think that the noble Earl has withdrawn from that, so I am now—
The Earl of Listowel (CB)
If it would be helpful to the noble Lord, I think that Amendment 4 is in the next group.
Baroness Pinnock
I would like to add my support to what has been said about the amendments relating to establishing regional bodies for adoption. Just to give some local examples, in Yorkshire they have already set up a pilot for regional adoption, involving a hub for the whole of the region and then three spokes: one for the north and east of the country, one for the south and one for the west. Each of those hubs includes all the voluntary agencies currently operating in the Yorkshire and Humber region.
Lord Watson of Invergowrie
My Lords, we turn now to mental health support, which is very important indeed. Amendment 3 follows on from what was Amendment 33 in Committee, to which I spoke. I emphasised then that the issue of support once a child is placed in adoption can be crucial to whether that adoption becomes permanent—the point we were making a few moments ago in response to the noble Baroness, Lady Pinnock. Often, specialist support is needed to care for a child appropriately.
I also quoted figures supplied by the NSPCC which I think bear repeating because they show that 45% of children in care have a mental health disorder, compared with only 10% of the general child population. The mental health needs of children in care were debated thoroughly in relation to that amendment and those in the name of the noble Earl, Lord Listowel. The NSPCC has now met with Ministers, yet the organisation still believes that specific measures need to be included in the Bill to provide mental health assessment and support as early as possible during a child’s time in the care system. Amendment 3 sets the placement order as the milestone point by which children should have received that assessment.
What is needed is to prioritise vulnerable children, particularly those who have experienced abuse or neglect, which includes a significant majority of looked-after children. The Government must give a commitment to create the earliest possible provision of automatic assessment and support for those children within the adoption system. I will not repeat the point I made in Committee—that Clause 13 aims to provide for only 5% of children in care. We believe that the Bill is wrongly skewed in favour of adoption to the exclusion of all other forms of care. The vast majority of professionals in the field want nothing more than good provision for all looked-after children, whether their welfare be met by adoption, special guardianship, a child arrangements order—what used to be a residence order—long-term fostering or kinship care.
I say in passing that Sir Martin Narey’s announcement that he will be standing down as chair of the Adoption Leadership Board next year offers the Government an opportunity to demonstrate that they value all forms of care equally. The arrival of a new person to head the board should be used as an opportunity to broaden its remit to include all forms of permanency.
Recent research carried out by the NSPCC highlighted that one-fifth of children referred to local specialist NHS mental health services are rejected for treatment. This was described by the NSPCC as creating,
“a ‘time bomb’ of serious mental health conditions”.
Children in care not being able to access the mental health support they need to rebuild their lives represents a serious gap in provision—one that I highlighted in Committee—but I am afraid the Minister did not provide an answer as to how that gap might be filled. I ask him again: does he grasp the extent of the problem being set out for him by the professionals, the people working daily with children with mental health problems? If so, does he believe that sufficient resources will be made available to meet the needs of children in care who are not currently receiving the support they desperately need? Ultimately, the care that can be provided in mental health and other areas for children in care comes down to resources.
In Committee the noble Baroness, Lady Evans, referred to the £1.25 billion that the Government have made available to improve mental health services for children and young people over the next five years, through the implementation of the report Future in Mind. She also mentioned that clinical commissioning groups were involved in that process, although how that huge sum of money is being spent continues to be something of a mystery. Although Future in Mind makes a number of recommendations, there is real doubt as to where we are in the delivery of those recommendations or detailed plans for spending the promised funds. With the majority of that money being spent through clinical commissioning groups, and given all the layers of devolution that there are in the National Health Service, it remains unclear just how that report’s priorities will be met.
The answer to those questions seemed to become less, rather than more, clear last week with the Autumn Statement, when the Chancellor said that “we build on that”—the £1.25 billion—
“with £600 million of additional funding, meaning that by 2020 significantly more people will have access to talking therapies, perinatal mental health services and crisis care”.—[Official Report, Commons, 25/11/15; col. 707.]
The question is: what might this mean for the mental health needs of children in the care system? The Chancellor did not indicate whether the extra resources were for children, but—let us look on the positive side— he did not rule out children being prioritised within its reach either.
In response to a Question from Luciana Berger in another place as to how that £600 million will be prioritised, the Minister of State at the Department of Health, Alistair Burt, confirmed that the sum is to be spread,
“over the next five years … and … is additional to current spending. The levels of funding in individual years and the specific mental health service improvements it will fund will be determined in the new year, once the Mental Health Taskforce has reported”.
We know that there are to be additional resources available, so my question to both Ministers today is: what representations will they and their officials in the DfE be making to ensure that a proportion of that money is earmarked to fund the improvements required in mental health services for children and young people in care over the five-year period that is meant to be covered?
In conclusion, given the spending pressures which councils face and a situation that can only deteriorate still further as a result of the Autumn Statement, surely the Government should now be prepared to acknowledge that all children entering the care system should receive an automatic mental health assessment, in addition to the physical assessment that they currently receive. Why on earth should that not happen? Children in care should then immediately receive the report that the assessment shows is necessary to enable them to deal with their condition. Thereafter, common sense surely dictates that there must be regular monitoring of children’s mental health while in care to ensure that the support they are being given is contributing to their improved state of health. I suggest that these demands are not unrealistic and should become expectations on behalf of children who need support to enable them to develop into adulthood. I beg to move.
Lord Storey
My Lords, I shall speak to Amendments 3 and 4. I was taken with the comments made by the noble Baroness, Lady Evans, in Committee when, speaking for the Government, she said:
“I absolutely agree that the mental health of adopted children is a key issue”.—[Official Report, 17/11/15; col. GC 38.]
She went on to say that the £1.25 billion would be available and how the Future in Mind report would be implemented. Of course, we all want to see children who are in adoption find the right parents to adopt them as quickly as possible, but we also want to make sure that that adoption works. It is no good children being adopted if the adoption then breaks down.
One of the reasons that adoption regularly breaks down is that we have not properly assessed the children, particularly in relation to mental health. If we want to make sure that adoption works, we must put this crucial area right. I will not—well, I will—repeat the figures that 45% of children in care have a mental disorder, which is a huge number, while 60% of those who come into care have experienced neglect or abuse.
How do we ensure that we get this right? To me, it is very simple; to use an old expression, it is not rocket science. It is about providing the expertise and the resources but also about making sure it happens, which is why these amendments actually specify how it should happen. Like the noble Lord, Lord Watson, I cannot understand why the Government would not agree to that. It will be to their credit, and to the success of the Bill, that children who are adopted or who go into care are in the right situation and getting the right support.
We have come a long way in terms of mental health issues in the last few years—and it literally is only in the last few years. One of the areas I am concerned about is that we say, “Oh, there’s a strategy; there’s X amount of money available”, but often those resources do not go to the right people. I know from experience and from talking to other teachers that getting CAMHS into schools now is much harder than it was a few years ago. Never mind a few weeks’ wait, it can often be several months before that support is given. So I wonder whether, when the Minister replies, we might hear how mental health support might be given to schools in a more orderly and speedy way.
I repeat that I want it enshrined in the Bill that we do the assessment for children and young people as soon as possible so that we get it right. In replying, perhaps the Minister could say whether, if the mental health strategy comes out and says that, the Government will agree to it and implement it as well.
The Earl of Listowel
My Lords, I will speak to Amendment 3 first, which I think is an excellent amendment. I wish to be very brief at this stage because I found the Minister to be most helpful in addressing my concerns in Committee and since then. Before I speak further about that, I thank noble Lords who have spoken on all sides of the House in support of amendments that I have tabled previously in this area to better address the mental health needs of looked-after children. I am most grateful to the noble Lord, Lord Storey, the noble Baroness, Lady Benjamin, and the noble Lords, Lord Hunt of Kings Heath and Lord Watson, for their support over those concerns.
Since Committee, I have received a letter from the Minister on the mental health needs of young people. I have heard that the office of Edward Timpson MP, the Minister for Children, will be contacting me about a meeting, which will be very helpful in this regard. I also heard him speak yesterday at the Nuffield Foundation at the launch of a report into the educational achievement of looked-after children. I was very much struck by his recognition that the mental health needs of looked-after children had not been properly addressed in the past and heard, in what he said, his real commitment to addressing these issues for them. We have yet to learn the specifics of what he intends to do, but I feel that the direction of travel is just right, and I look forward to meeting him to discuss the specifics of what needs to be done.
I will not speak to my amendments, and nor do I expect the Minister to respond to them. Being as brief as possible may be the most helpful thing I can do at this point, unless the Minister would like me to speak briefly to my amendments—if that would be helpful to him—in which case I would be glad to do so. But my feeling was that the Government have been very helpful and I do not wish to push things any further or take any more of your Lordships’ time at this moment. I look forward to the Minister’s response.
Education and Adoption Bill
Lord Storey Excerpts(9 years ago)
Grand CommitteeRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Lord Storey
“(d) parents of children registered at the school, and(e) the teaching and support staff at the school.”
Lord Storey (LD)
My Lords, I understand that there are some drafting issues with this amendment, but I will still speak to it and we can perhaps resolve those in later amendments. I have always believed strongly that it is important that every pupil or student should have a qualified teacher. That does not prevent the opportunity for those members of staff who are preparing to become qualified and it does not prevent those teaching assistants who have NVQ level 3 or 4 from teaching.
Sorry, am I on the right amendment here?
The Parliamentary Under-Secretary of State, Department for Education (Lord Nash) (Con)
I am tempted to say that you might as well keep going.
Lord Storey
As a teacher, it was a fascinating experience to see the students looking quite puzzled, but when I asked whether I was correct, nobody would say “No”—they just looked on. I think that they wanted me to have an even bigger fall than I was already taking.
The Deputy Chairman of Committees
In order that the discussion can continue, would the noble Lord be kind enough to move his amendment.
Baroness Massey of Darwen (Lab)
My Lords, as the noble Baroness, Lady Pinnock, is not here—it is not a good start—I shall rise to speak to this group of amendments, which follow on in a different way from the concerns about consultation that were raised last week but with the added dimension of consultation on a proposed academy sponsor. I remain astonished at the requirement to consult if a school is undergoing a voluntary conversion but not if it is classed as being eligible for conversion—we discussed that last week—and I also remain astonished that the Government do not see the absolute necessity to consult those people who are most involved in the school, whatever the school’s type.
I think that the noble Baroness, Lady Perry, who is here, thankfully—so she may correct me—previously in Committee raised the issue of what happened to schools in London when comprehensivisation took place. As she pointed out, there were many different types of school in London at that time: there were successful grammar schools and successful secondary modern schools, and there were failing grammar schools and failing secondary modern schools. There were also different ideologies about education and there were immense complications about land transfers. I was a parent and a governor in Inner London at that time, and I remember those battles. I also remember the consultations—with parents, teachers, governors, directors of education and the inspectorate—and I think that that consultation was valued and made for the successful re-establishment of many schools.
I assure the Minister that, like many colleagues, I have fought for high standards in education and for the welfare and rights of children. In this Bill, we are not trying to delay or disrupt; we are seeking the best for children, and I hope that the Minister will respect that. I also know that hurry is often the enemy of satisfactory results and that consultation processes are important. There seems to be some sort of air of desperation—“How dare parents and governors challenge so-called education experts?”. It is not a case of experts against the rest; any expert worth the name will accept that they might not have all the answers and will want to seek a diversity of opinion. Effective experts want to help others to understand their reasoning and proposals. I cannot go along with this hurry here.
The Minister will say, as Nick Gibb has said:
“We want the transformation of a failing school to begin from day one”.—[Official Report, Commons, Education and Adoption Bill Committee, 9/7/15; col. 288.]
Fair enough, but let us not go along the track whereby a pupil who is “languishing” in a failing school even for a day is suddenly whisked away into a different structure. It simply does not, and cannot, happen like that. It takes time—certainly longer than a day—to transform a system. Parents and teachers are very aware that some academy sponsors have actually failed. I argue that there is time for consultation to take place, and it cannot possibly happen in a day.
Moreover, I cannot go along with Nicky Morgan’s argument about sweeping away,
“the bureaucratic and legal loopholes previously exploited by those who put ideological objections above the best interests of children”.
I cannot believe, as Nick Gibb said, that,
“unnecessary debate, delaying tactics and obstruction of the process”—[Official Report, Commons, Education and Adoption Bill Committee, 9/7/15; col. 285.]
is a justification for cutting out consultation. This is a particularly unpleasant and aggressive way of polarising the argument. Everyone, especially parents, seeks the best interests of children. The parents and teachers know the children that we are talking about. They know the school and the community, and they need to be certain of an appropriate academy sponsor. That is what this is about—the appropriateness of the academy sponsor.
Ofsted is the obvious body to give an overall vision or view of an academy chain as well as of individual schools. The Secretary of State should surely listen to Ofsted giving its objective view. Surely the parents, teachers, governors and pupils have the right to know a great deal about a proposed academy sponsor from Ofsted and other reports: the sponsor’s track record, its philosophy, its ethos, and its experience in dealing with all types of pupil, including those with special educational needs. Websites and reports are useful, of course—and I have looked at many websites of academies—but what is more important is face-to-face consultation, where questions can be asked and reports considered. Academy schools and chains can fail, just as any school can fail. Some schools have had to be transferred to a new chain. Parents and governors, quite rightly, do not want to take unnecessary risks. This idea really does need to be looked at again.
Lord Storey
I will try a second time.
The noble Lord, Lord Nash, has a view that he has expressed a number of times: that there is not time for consultation with parents; that if a school is failing, we have to get on with putting it right; and that, the longer we delay doing something, the more effect it will have on the progress of a child and the success of the school. That is a view that I can understand, but I equally understand that parents play a hugely important part in the development of a child’s education. The notion that a school should close down and become an academy without any discussion among those parents is very strange. That does not seem the correct way we have viewed education over the last X number of years. We have always seen parents as pivotal—as part of that partnership.
On my second point, again the comments made by the noble Lord, Lord Nash, resonated with me. On Second Reading, he talked about his own experiences in Pimlico, and I think he alluded to some of the abuse that he and his wife received when they were consulting to start up the school. As someone who closed more schools in Liverpool at the time of falling rolls than anyone else, I know those sort of pressures. Yes, some people will use consultation as a means of maintaining the status quo or for political reasons, but that does not make this the right thing to do. Surely we can look at this objectively and say that it can take place at an agreed period of time or if there is an agreed means of doing it. However, the principle of consultation must be enshrined as we go forward on this.
I do not have any objections to academies. I have come to the view, which I have expressed on two or three occasions, that I would rather see all secondary schools become academies than create a whole pattern of different types of schools. Therefore, I do not have any ideological view against academies. We should not be getting to the point where a school is failing and a pupil is languishing in it—we should be in there before that happens. I cannot understand why we get to a point where we suddenly say, “This school is failing, so let us close it down”, with all the trauma that the pupils face when that happens. We should be there before that happens. However, if a school is going to close, an academy is going to be established and an academy is going to be chosen for that school, we should consult with parents. I hope that the Minister will look creatively and objectively at how we might achieve that, with the minimum fuss and the minimum amount of time, but in the interests of that all-important partnership.
Once again, I apologise for getting the amendment wrong.
Lord Watson of Invergowrie
My Lords, I will speak to Amendments 24 and 25 in this group and to whether Clause 9 should stand part.
Amendment 24 aims to bring some much-needed transparency to the process of selecting academy sponsors. There is an unanswerable case in general terms for consultation but there is also a case for consultation on this very specific issue. Local communities should not have sponsors imposed on them without having some say in the matter. Sponsors are not just interchangeable. They have particular approaches to managing schools and to the curriculum. They have very different records, in terms of both their effectiveness and their record in managing public money. Again, I urge the Minister to acknowledge the essential fact that public money is involved here—which ought to mean that transparency and accountability are guaranteed. It is public money, yet the Minister wants to cancel the public’s right to have any say locally as to how it is used in educating their children. It is unacceptable that a Minister can come to Parliament, propose such a fundamentally undemocratic measure and hope to get away with it.
Currently, there is absolutely no public quality control of would-be sponsors. On academisation, we know that Ministers are determined to press ahead at full speed and are thus required to find sponsors at all costs. We also know that regional schools commissioners are paid by results—that is, how many academies they can bring into being—and so they need to find sponsors at all costs. That is surely not a healthy situation. Someone, somewhere, needs to have the responsibility to say, “Wait a minute—these people are just not up to the task”. If that means that some schools cannot be converted as quickly as had been intended, surely that is preferable to signing up sponsors who are inadequate. More needs to be done by government—in whose name we are told the regional schools commissioners act—to get the sponsors right, rather than to get them right now.
Lord Nash
If the noble Earl is contemplating making an academy sponsor application, I am sure we would be happy to guide him through the process, but as the noble Lord, Lord Hunt, says, if he is serious about restricting play space, we can save him the bother. I believe a visit is being organised shortly to King Solomon Academy, which is a remarkable school. From memory, I think the statistics are that about 60% of children get free school meals, 90%-plus get five A*s in English and maths, and more than 75% get an EBacc. The noble Earl will have formulated his views on academies and we can discuss his pending sponsor application in more detail.
Lord Storey
I shall refer to two comments made by the Minister, if I may. The first was that underperformance should be tackled quickly. We all agree on that. When all the coasting schools are to become academies, we need to have sponsors lined up to take them over. We do not want to wait months for an academy sponsor to be found, in which case the delays that the Minister is concerned about will invariably happen.
On the question of parental consultation, I was taken with the Minister’s comment that we want parents to be engaged. The best way of doing that is at the start by allaying their fears and sharing the vision with them. Maybe in Committee we can have some further discussions on how we might make that a reality. I beg leave to withdraw the amendment.
Lord Storey
“Inspection of Academies
Before section 9 of the Academies Act 2010 insert—“8A Inspection of Academies
Before a coasting school is converted into an Academy by virtue of this Act, and of section 61 or 62 of EIA 2006 (schools requiring significant improvement or schools requiring special measures), the Chief Inspector of Education, Children’s Services and Skills must inspect and report on the person with whom it is anticipated the Secretary of State will enter into an Academy arrangement.””
Lord Storey
My Lords, in our endeavours to ensure that we have the highest standards in our schools, we look at three processes. One, of course, is testing and examinations. When schools are not achieving the level anticipated it is a sign that we need to take action. The second method is inspections when we inspect schools in, I hope, a supportive way, and when there are concerns we are able to act on them. The third area is the quality of the leadership and the teachers in those schools. The amendments in my name—Amendments 30, 31 and 32—are linked to those three areas.
I will deal first with Amendment 31 on teachers. You would not go to your local medical centre to see your doctor and be given an unqualified opinion. You would not go to the dentist and be seen by an unqualified dentist. It is hugely important, not just for the status of teachers and how they are valued by society, that we make it absolutely clear that in whatever type of school—local comprehensive, free school or academy—every pupil has the right to be taught by a qualified teacher. The notion of bringing unqualified people in to teach because they might be enthusiastic beggars belief. That is not to say that there will not be people who have a particular interest and enthusiasm but they will be part of an ongoing project and there would be a qualified teacher with them; nor is it to prevent those people who are aspiring to be teachers from teaching, again alongside a mentor who is a qualified teacher.
The previous Labour Government permitted non-teachers to teach by allowing classroom assistants to teach. I have real reservations about that, I have to say. We allowed NVQ level 3s to teach lessons but not to prepare, plan or mark, and NVQ level 4s to teach, plan and mark lessons. We almost passed the buck when we allowed that to happen. It was interesting when the noble Lord, Lord Watson, said at Second Reading that this present Government and the coalition Government had more unqualified teachers in schools. Actually, that was not correct. There were more unqualified teachers in schools under the previous Labour Government than currently.
I am not trying to score points here. We should not be trying to score points off each other, we should all—Government and Opposition—value the role of teachers, and we should say that every pupil should be taught by a qualified teacher and it is as simple as that. Linked to that should be the quality of the training of teachers, which is not covered by this amendment—
Lord Watson of Invergowrie
I am not going to gainsay what the noble Lord has said. I am sure he has done his homework. But will he accept that there are different categories of unqualified teachers? When Labour was in government, a lot of the teachers involved were from other countries so had gained their qualifications abroad and were in the process of bringing those up to standard here or did not have the appropriate qualifications at that time. Quite often, under the current academy status, we are seeing people move into jobs simply on the grounds of enthusiasm and the ability to communicate, and we need a bit more than that if we want to get people through GCSEs and higher exams.
Lord Storey
I agree with that. Of course, the other reason is, despite what the Minister constantly tells us, that there is a shortage of teachers and we are desperate to find people. Figures published last week suggested that one in six teachers comes from overseas. I do not have any problem with overseas teachers, provided that they are qualified. I come back to the issue that I want to see every pupil in every type of school having a qualified teacher. Linked to that would be the quality of the teacher training and of the professional development while that teacher is in post.
On inspection—and this goes back to the previous debate—it is interesting that some academy chains are now bigger than local authorities. My local authority had 50-odd schools. The Harris academy chain has more than 50 schools. We inspect local education authorities but we do not inspect academies. Amendment 30 suggests that if a school is coasting or failing or going to become an academy, do we not want to know the reasons why that is happening rather than just saying, “It has failed, let’s move on”? Do we not want to understand what has happened in that school so that we can put it right? Do we not also want, when we move that school into an academy, to be absolutely sure that the academy that is chosen is up to inspections and up to the mark, and that we do not move the pupils from one difficult situation to another? I beg to move.
Baroness Perry of Southwark (Con)
My Lords, I respect the noble Lord’s motivation in tabling these amendments. My objection to them does not get into the specifics relating to qualified teachers or whatever, but it is simply that I think that it is wrong for primary legislation to lay down what Ofsted should and should not inspect. The noble Lord suggests a very short list of what should be inspected, and I am sure that Ofsted would have a much wider field of interest in any inspection that it conducted, but I think that he has a focused and almost myopic picture of what Ofsted can and cannot do.
Over the years in which it has worked, Ofsted has built up a comprehensive picture of what is going on in schools and in education. It will undoubtedly have inspected at least one of the schools of most of the chains which might be candidates to sponsor a coasting school. Similarly, I cannot believe that any school would have been classified as coasting over a three-year period without Ofsted having been alerted to that and having gone and had a look at it. So we should have more confidence in what good HMI can do and their knowledge both of the system and of individual schools which are in trouble, rather than trying to lay down specifics such as, “They must inspect to see how many qualified teachers they are going to have, or they must inspect for this, that and t’other”. I therefore ask the noble Lord to think again about the amendments and to have a little more confidence in what HMI within Ofsted would be able to do.
Lord Storey
Does the noble Baroness not agree that the difficulty is that local authorities no longer have the resources to give that support which previously existed? Does she not think that we should ensure that academy chains have the resources to do the very things that she suggests rather than always leave it to Ofsted?
Baroness Perry of Southwark
I have declared my interest as chair of Wandsworth Academies and Free Schools Commission. We interview every prospective sponsor. We look at their track record; we listen to what their aims and objectives are; and we listen to their views of education. We can then offer advice from the local authority to the department. I know that the department’s evaluation of every potential sponsor is very detailed. Of course, local authorities will no longer be asked to comment—so my little commission will disappear—but I know that the regional schools commissions will do an extremely thorough job before they hand over any school to a new sponsor. They will have looked carefully at every aspect of the sponsor: its aims, its objectives, its track record, its vision of education and its proposals for what it will do with a school and so on. We sometimes try a little too hard in this House to nail everything down in legislation instead of having more confidence in what professional people will do.
Lord Nash
I know that the noble Lord is always concerned about this point. Of course every school has to have a SENCO, and every school, particularly if it has high SEN numbers, will have plenty of teachers focused specifically on this area. However, if a person has high academic qualifications and the right other characteristics, as I have already said, we do not see why they would necessarily have to get a particular other qualification.
Lord Storey
If this physics teacher who has deep subject knowledge is taking a class which misbehaves, and he or she cannot control that class even though they have that deep-seated knowledge, does that not suggest that an understanding of behaviour management is important? Or, if there is a child protection issue among those young people which perhaps goes unnoticed by this teacher with deep subject knowledge, does that not suggest that they, too, need some qualification or training in this area?
Lord Nash
I entirely agree with the noble Lord that behaviour management is key, which is why I am surprised that it is not focused on in many qualifications for teaching. That is why we have appointed a behaviour tsar, Tom Bennett, to look at this and why we will ensure that behaviour management is focused on, because you cannot teach if you cannot control your class. I should point out that, according to the latest statistics, 9,900 teachers working in academies and more than 10,000 teachers working in maintained schools do not hold qualified teacher status.
We trust heads to make decisions about getting the best possible teachers to teach in their schools. The funding agreements of many academies give trusts the freedom to employ teachers without reference to standard qualified teacher status. This allows head teachers to exercise their autonomy to bring in appropriately qualified or otherwise eligible people from a range of different backgrounds to enrich the teaching offer available to pupils. Of course, head teachers are held to account for the quality of teaching in their schools through the Ofsted inspection regime, as my noble friend Lady Perry said, and the regular publication of school performance data. As such, I do not think that it is necessary to place a further requirement on Ofsted to report on the required qualifications for teachers.
Amendment 32, proposed by the noble Lord, Lord Storey, and the noble Baroness, Lady Sharp, seeks to require Ofsted to report on the level of pupil absence over three years in a failing or coasting school before it becomes an academy and on the levels of absence in other schools already part of the trust taking that school on. Noble Lords are right to highlight the importance of pupil absence. We, too, take attendance very seriously. There is clear evidence that absence from school is linked to lower levels of attainment. Pupils with no absence during key stage 2 are over four and a half times more likely to reach level 5 or above at the end of primary school than pupils who missed 15% to 20% of the sessions, and twice as likely to do so than pupils who have missed 5% to 10%. The outcomes at secondary level are similar: pupils with no absence across key stage 4 are nearly three times more likely to achieve five good GCSEs, including English and maths, and around 10 times more likely to achieve the English baccalaureate than pupils missing 15% to 20% of school across key stage 4; for pupils missing 5% to 10%, the figures are 1.4 times and 2.5 times.
That is why we are supporting schools and local authorities to keep absences to a minimum and to develop measures to support and promote good attendance. We do not want children missing their education. That is why we changed the law to tackle the culture of taking holidays during term time. In 2013-14, the latest academic year for which figures are available, overall absence across state-funded primary, secondary and special schools fell to 4.5% from 5.3% the previous academic year, with persistent absence falling from 4.6% to 3.6%. Data on the level of pupil absence are already collected and published annually for all schools as part of the performance tables. Requiring Ofsted to report separately on this would merely duplicate what is already available.
As the noble Lord said, even if these amendments were necessary, which I do not agree they are, Ofsted has a great deal to do and, at the moment, is going through a major restructuring as it brings inspections in house. In my view, these new clauses are all unnecessary and would simply introduce additional bureaucratic processes for Ofsted that would delay regional schools commissioners from making decisions and trusts from beginning to bring about the much-needed swift improvements in the schools concerned. I therefore urge noble Lords not to press their amendments.
Lord Storey
I first want to comment on teaching assistants. I do not want to give the impression that I do not value them. I think that, as the noble Lord, Lord Hunt, rightly pointed out, they do a fantastic job in supporting classroom teachers. My concern is how they are increasingly being used to cover for sicknesses, shortages and other absences—it has become almost de rigueur to take them on for that role.
Turning to the amendments, I agree with the Minister that it is vital that the person teaching the subject or the class has a deep knowledge and understanding of that subject or, in primary schools, an understanding of child development and behaviour management. However, far too often we see a subject specialist who has an incredibly detailed knowledge of his or her subject but no ability—no flair, imagination or creativity—to put that subject across. Of course, the pupils are then not able to be successful in that subject.
Lord Watson of Invergowrie
My Lords, in moving Amendment 32ZA, I will speak also to Amendment 33. This group focuses on the voluntary adoption agencies, about which quite a bit was heard at Second Reading, but considerable difficulties remain as far as the agencies are concerned. We owe a duty to them to air those views and to seek the Government’s help in prioritising them.
The DfE’s Regionalising Adoption document, published in June this year, was interesting. It devoted two pages to the role of voluntary adoption agencies, beginning with this statement:
“We are particularly keen to consider models that have an element of cross-sector collaboration, bringing together the best of the voluntary and statutory sectors”.
If the DfE had finished the consultation document there, I am sure that the voluntary adoption agencies would have been perfectly happy because that is basically what they seek. The document then proceeds to list three options for local authorities,
“to acknowledge and use the potential of the voluntary sector to provide services at a regional level and have the confidence to take forward these partnerships”.
The first is:
“Involving a voluntary adoption agency in a regional partnership as a specialist adoption support provider”.
The second is:
“A voluntary adoption agency leading a regional partnership, providing adoption management services to a group of local authorities, and working with and through local authority staff in social work positions”.
The third is:
“A voluntary adoption agency providing specialist services to a number of local authorities as part of a formal partnership arrangement”.
I have perhaps been remiss in not welcoming the fact that we are on Clause 13 and now dealing with adoption. I have been slightly thrown because of the way in which the amendments have been grouped, with Amendment 32ZA at the beginning rather than Amendment 33, which I was going to speak to first. This is an important issue. I do not believe it is an afterthought in the Bill, as has been suggested. It is a relatively small but very important part of the Bill and will affect a great deal of people.
The voluntary adoption agencies play a very important role within that. I got the impression from reading the sections I have quoted from Regionalising Adoption that the Government value the role of voluntary adoption agencies. My question stemming from that is: why not formalise that role? Voluntary adoption agencies are seriously concerned at the possible dilution of their role and this would help to allay those fears.
Although the Minister had quite a bit to say about Clause 13 in his opening remarks at Second Reading, in summing up he had very little to say. In fairness, I should remind noble Lords that he revealed that he was extemporising on that occasion. That was perhaps somewhat ill advised because he devoted just five lines in Hansard to the question of voluntary adoption agencies, and what he did say betrayed a misunderstanding of the concerns expressed by the voluntary adoption agencies. When adoption agencies in Wales were reorganised into five regional groupings, smaller voluntary agencies were the casualties. What assurances can the Minister give that the same will not happen in England? That fear was expressed by several witnesses who gave evidence to the committee in another place. That view is also held by the Consortium of Voluntary Adoption Agencies and by its biggest member, Barnardo’s.
The key concern here is about accountability and ensuring that the new system results in meaningful improvements for vulnerable children, especially the hard-to-place ones—those in the categories of age four and over; children with a disability; sibling groups; and children from black, Asian and minority ethnic backgrounds. Voluntary adoption agencies have particular expertise in work with hard-to-place children and the danger is that local authorities may look to protect their own interests after the introduction of regional adoption agencies, leading to a squeeze on the smaller but still influential voluntary agencies. As I have said, that concern was raised by several witnesses who gave evidence to the committee in another place.
It was also said at Second Reading that voluntary adoption agencies play a key role and yet, despite government support over the past few years, they are struggling for survival. Many are reducing the size of their social work teams as the proportion of adoption work that was done by the agencies decreases. In some areas, local authorities—despite clear direction from government, which I acknowledge—exclude them from discussions. It is not clear how voluntary adoption agencies will play a part in the proposed new regional structures while retaining their individual independence, or how funding arrangements will support their activity.
Voluntary adoption agencies are concerned about transitional instability because some are losing their relationship with local authorities, which feel that they may not need the voluntary agencies when the local authorities become part of a regional adoption agency. As I have said, voluntary adoption agencies play a key role. However, it is not clear how they will play what they would regard as a meaningful part in the proposed new regional structures while retaining their individual independence. Equally, they are concerned as to how funding arrangements will support their activity.
Amendment 33 would require the Secretary of State to lay an annual report before Parliament containing information about how she has exercised the power given to her in Clause 13 and the safeguards she has put in place to protect the voluntary agencies, other models of care and the provision of post-adoption support. In referring to the power to direct local authorities to come together in regional adoption agencies, the noble Lord, Lord Nash, said at Second Reading:
“I assure your Lordships that we expect to use this power rarely”.—[Official Report, 20/10/15; col. 586.]
That is as it should be. However, if that is the case, an annual report to Parliament would not involve many examples of their use and could hardly be regarded as onerous or particularly bureaucratic by the Government. I trust the Minister will not look for reasons to avoid meeting what I believe is a fairly modest requirement.
The Bill provides the Secretary of State with the power to intervene directly in adoption arrangements. That leads us to believe that in cases where she uses her powers of direction it will be because she has failed to achieve the hoped-for consensus and voluntary arrangements that are clearly the Government’s ambition. In such circumstances, is it not right that Parliament should be told what persuaded the Secretary of State of the need to exercise her powers? Meeting the requirements of Amendment 33 would make that information available to Members of both Houses of Parliament, allowing appropriate scrutiny to be undertaken.
There is clear need for the Secretary of State to report on the impact of voluntary adoption agencies, the whole area of children in care and the question of support for adopted children and their parents, especially concerning mental health issues. Why is it the case that children currently entering the care system are subject to a routine physical health check but, despite the often chaotic, sometimes traumatic lives that led to them being placed in care, they are not automatically given access to a mental health check? For those reasons, it is important that the Government are prepared to report on an annual basis to ensure that that information can be made available to Members of both Houses, and that progress relating to this part of the Bill can be tracked. We all wish it success but we also want to see that that is actually what is happening.
Returning to the question of voluntary adoption agencies, these organisations undertake only about 16% of adoption placements. There is therefore a real danger that they could get lost within the new system when the local authority with which they work becomes part of the regional adoption agency. It would be a great shame, and a real loss, to a sector that has recently seen the demise of the British Association for Adoption and Fostering if they fell by the wayside. I look to the Minister to reassure them that their vital and long-established role will be both recognised and protected. She can meet that hope by accepting our amendment and agreeing to report annually to Parliament. I beg to move.
Lord Storey
I will speak just to Amendment 34 in this group, which seeks to develop the work we did on the Children and Families Bill, where quite important progress was made on the whole issue of adoption. There was an important amendment from the noble Earl, Lord Listowel, about the increasing length of time that children stayed with foster parents.
Let us build on that: Amendment 34 seeks to support that progress by saying that children in the care of local authorities are perhaps the most vulnerable children. Many of them have mental health problems. In fact, the figures—I will not repeat them now—are really alarming. Many local authorities and agencies which carry out the role for local authorities make tremendous progress with those looked-after children. But there are real concerns, and this amendment suggests that we should always have those concerns in the front of our minds through having an annual report on the support we are giving those young people, so that we can adjust our provision and policies where we need to. I hope the Government might consider supporting this amendment.
Baroness Evans of Bowes Park
My Lords, Amendments 33, 34 and 32ZA raise important issues about ensuring that any use of the power given to the Secretary of State in Clause 13 is transparent and considers the impact on voluntary adoption agencies, other parts of children’s social care and the provision of post-adoption support. The amendments require an annual report to be laid before Parliament and enable the Secretary of State to direct local authorities and voluntary adoption agencies to jointly determine who should deliver adoption functions.
I thank noble Lords for raising these issues and I agree that we need to be clear about how this power is used, and what its impact is, so I appreciate the intent behind the amendments. First, I assure both noble Lords that any use of the power will be transparent and fair. Decisions will be informed by input from the affected agencies and other agencies operating in the local area, including voluntary agencies. However, I believe that laying an annual report before Parliament on the use and impact of the power would be disproportionate, and that directing local authorities and voluntary agencies to make decisions jointly will not work in practice. I will go on to explain why.
First, I assure the Committee that we have carefully considered the impact that moving to regional adoption agencies will have on other parts of the care system, and on the provision of post-adoption support. We have been clear that regional adoption agencies need to consider how adoption support functions will be carried out and how links with other parts of children’s social care will be maintained. This includes ensuring that adopted families have access to appropriate mental health support to meet their children’s needs. We will come to that in more detail in the next set of amendments. We see regional adoption agencies as an opportunity to deliver improvements in these areas. We are also encouraging innovation. This may well include broadening the regional approach to include wider permanence services, where this has potential to drive improvement.
Baroness Massey of Darwen
My Lords, I thank the noble Earl, Lord Listowel, for his very detailed speech today. I think that we have become much more knowledgeable and sympathetic about adoption issues. We have had the excellent report from the Select Committee on Adoption Legislation. We have had the report chaired by the noble Lord, Lord Sutherland, on childcare. To echo what the noble Earl said, this Government have expressed a great deal of concern and work has been done, particularly by Edward Timpson MP, who takes a real interest in this. The last Government also did a great deal of work on adoption. We therefore know what good practice should look like; we also know that the background of some adopted children has been horrendous, quite often from a very early age. We know that children in care are more likely to fail or do badly academically, are more likely to get involved with drugs and alcohol, more likely to become pregnant as teenagers and more likely to fall into a life of crime. This is immensely costly, not only to the welfare of those children, but financially to society. It costs a great deal to pull somebody up from being in the criminal justice system if they got there for one reason or another. I therefore welcome these amendments.
It would be good if the Government could, for example, examine some of the work done by the Thomas Coram Foundation, which I visited recently. It has a programme of working with prospective parents and children, taking on mental health issues on both sides to look at what might best make for a successful adoption. It follows that up with support for mental health and all kinds of other issues for parents and the children themselves.
Lord Storey
I am so pleased that the noble Earl, Lord Listowel, managed to get this amendment down. I tried, and could only get the wording to say “report”; he actually got a lot more, and I am very grateful for that. He obviously has charm and persistence that we need to learn from. I very much want to support the amendment.
There are moments in our lives that obviously have a profound effect on us and our personal circumstances. Some of those can be life-changing. I can remember one such occasion when, after being a bit blasé, thinking, “Do I really have to go?”, I went to meet a group of looked-after children in Liverpool. This was about five or six years ago. Liverpool Education Authority was the guardian of these looked-after children, and it had formed a committee that invited me to tea. It was one of the most life-changing moments for me because these young people talked about their problems: how they had been pushed from pillar to post, and how nobody had understood their concerns or needs. It made me realise that looked-after children had so many problems and concerns on their shoulders that you would not expect people of that age to have. We have the duty and responsibility to make sure that we do everything possible to help and support them.
I am glad to say that the whole issue of mental health is now moving much further up the political agenda: that is a good thing. The previous coalition Government, for the first time, made resources available for mental health. The present Government are carrying on with that commitment. I noticed that the Labour Opposition have appointed a shadow Minister for mental health, Luciana Berger, which shows how important mental health is. That is to be praised. Certainly in schools, it goes back—dare I be so bold as to say—to this teacher with incisive knowledge of physics, where the issue with the student in front of him might be a mental health issue. Unless that teacher has that knowledge or understanding, or somebody else in the school is able to pick up on this, it is to nought. Just as my noble friend Lord Addington went on and on and on about dyslexia—and probably all of us were waving the white flag and saying, “We give in”—we need the same focus on issues of mental health. We should keep at it like a dog with a bone. We talked about bullying in schools and the issue shot up the agenda. Many of the bullies have mental health problems. If we were able to identify them and deal with them at an early stage, they would not be bullies and some of the problems and the suffering that they and the people they bully face would not happen.
We also need to learn from others. I read about an interesting mental health project in the United States of America for young children. That is why I was nervous when the noble Earl, Lord Listowel, was talking in a previous discussion about play—the noble Lord, Lord Hunt, rightly jumped up and asked about obese children—but this project looks at how you deal with mental health through role-playing. The results have been quite stunning. So we should be learning all the time from different projects as well.
Looked-after children need us to go the extra mile more than anyone else. I hope that we can all get behind and support this amendment.
Lord Watson of Invergowrie
My Lords, I commend the noble Earl, Lord Listowel, for tabling Amendments 32A and 34A, for the eloquent manner in which he introduced them and for the eloquent examples he gave of some of the existing stresses relating to adoption.
However, I have a question for him. Given the wording of Amendment 32A, which calls on a local authority or an adoption agency designated by a local authority to act, it might be better to tie the National Health Service into this provision because I wonder whether local authorities have the authority or the power to undertake what he is seeking they should do. I would like to see it done but I am not clear in my mind whether this is the best way to do it.
The issue of support once a child is placed in adoption can be crucial as to whether or not that adoption becomes permanent. Often specialist support is needed to care for a child appropriately. This is because, having experienced abuse or neglect, 45% of children in care have a mental health disorder compared with only 10% of the general child population. However, the mental health needs of children in care often go unidentified and there is a subsequent lack of mental health support. The Government urgently need to provide specific measures and greater resources around mental health assessment and support for the tens of thousands of children entering care, whose welfare must remain a priority concern.
The Department for Education’s document Regionalising Adoption, which I referred to in the debate on the previous group of amendments, stated:
“We still have too few adopters willing and able to adopt harder to place children”.
Harder-to-place children are a particular concern and yet the document does not suggest any solutions for this serious gap in provision. I hope the Minister will be able to say what the Government propose to do in terms of increasing the number of harder-to-place children who find a permanent home. She may well say, “It is out for consultation; let us see”, but this is an urgent matter. The argument advanced by Ministers in terms of the academisation of schools with no day to be lost perhaps applies even more urgently in the case of harder-to-place children.
I am aware that it is only a consultation document but, worryingly, it does not make a single mention of children with mental health problems. In something like—I cannot remember offhand—20 pages there is no mention of that. I wonder whether the Government appreciate the need and fully understand the issue and how it impacts on so many children in care. That is often a significant factor in their being in care in the first place.
The document goes on to say:
“Currently, adoption support services are provided by a mix of local authority provision, the NHS and independent providers”.
But—it was perhaps inevitable that there would be a “but”—
“There are regional gaps, gaps in the types of services on offer, and little evidence of spare capacity”.
We had some gaps a minute ago and here are some more, which are highlighted in the Government’s own document. It is fine to flag them up but we need some suggestion from the Government—the Minister might tell me it is a bit early just now—as to how those gaps are going to be filled because they are pretty glaring and very serious.
Lord Storey
“( ) A statutory instrument under subsection (2) may not be made until the Secretary of State has laid before Parliament a report on the funding of the costs of conversions under this Act.”
Lord Storey
My Lords, I will be brief. I know how important transparency and accountability are to the Minister. This amendment is to do with the cost of conversion to academies. If, as the Prime Minister says, by the end of this Parliament all schools will become academies, it will put an enormous burden on resources to make that happen. Will those resources be available from within the existing budget or will extra resources be needed? Can we be assured that any school that becomes an academy will get the same financial advantages as academies currently do or will there be a reduction in that provision? I beg to move.
Lord Hunt of Kings Heath
My Lords, there were some pertinent questions in the noble Lord’s short introduction to his amendment. One might think that the Explanatory Notes to the Bill would provide some helpful information in that respect but I pay tribute to the drafting of officials in the Minister’s department because they elegantly provide no information whatever.
The Explanatory Notes acknowledge, as the Minister has done, that this policy is bound to lead to increased expenditure by the Minister’s department. They say:
“The cost of any additional intervention will be considered as part of the normal Budget and Spending Review process”.
We will know the outcome of that next week. I do not know when we are coming back on Report but I assume that by then the department will have worked out the consequences for its own spending programme over the next three years, and that we might get some reassurance that we will be given some more information on Report. In the expectation that the noble Lord receives no comfort this afternoon, perhaps he will bring this back on Report to probe a little more on it.
Lord Nash
My Lords, Amendment 35, tabled by the noble Lord, Lord Storey, and the noble Baroness, Lady Pinnock, seeks to require that the Bill cannot be commenced until a report on funding the costs of the academy conversions resulting from this legislation has been laid before Parliament.
In the light of the ongoing spending review it would be inappropriate for me to speculate on the future costs of academy conversions. As I am sure noble Lords will appreciate, the spending review will determine the Department for Education’s total settlement and it will be that which determines the final cost. I will be delighted to comment more on the DfE’s total settlement on Report, as the noble Lord, Lord Hunt, suggested.
Of course, while I cannot provide specific details of the future funding regime, the existing grant rates for schools converting to academy status are already publicly available and published on GOV.UK.
As the published guidance sets out, there are various types of grants available to schools becoming sponsored academies. There is a grant awarded to all schools prior to opening as an academy to cover costs such as staff recruitment, project management and legal costs. There are three flat-rate amounts for this, depending on the level of transformation the school requires. In the most serious cases of concern, sponsored academies may also receive a small capital grant to improve the school environment and indicate a fresh start for the school. Overall, in the academic year 2014-15, the department paid nearly £20 million to academy trusts in pre-opening grants. We are committed to ensuring that funding for academy conversions results in maximum value for money. Since the days before 2010, we have very substantially reduced the costs involved. Funding amounts are regularly reviewed to ensure that the grant levels are appropriate.
The purpose of the Bill is to ensure that, where a school has failed, there will be swift and decisive action to bring about improvements. We anticipate that this equates to up to 1,000 inadequate schools converting to academy status over the course of this Parliament. The exact number will vary depending on Ofsted judgments, but it is important to emphasise that this number represents a continuation of the trend we have seen over the past five years. When the previous Government came to power in 2010, there were 203 sponsored academies and now there are more than 1,500. Including converter academies, there are now more than 5,000 open academies overall.
I turn to the assertion made by the noble Lord, Lord Storey, that the Prime Minister’s vision was that every school would become an academy during this Parliament. In fact, he did not say that he expected that to happen: he said that his vision was for every school to become an academy, but he did not put a timescale on it. As far as coasting schools are concerned, as we have already discussed, that is not a default option.
Alongside failing schools, the Bill also proposes that schools that have been notified that they meet a new coasting definition should become eligible for intervention. When we discussed coasting schools earlier in Committee, I went to some lengths to stress that regional schools commissioners will exercise discretion to decide whether and how to act in coasting schools, and that not all coasting schools will become academies. As noble Lords will be aware, we are currently consulting on our proposed coasting definition and no school will be identified as coasting until after the final 2016 performance data have been published. It is therefore impossible to predict, before the definition has been finalised and the tests have been set, exactly how many schools we expect to be labelled as coasting. We expect, however, to identify hundreds of schools which can be challenged and supported to improve.
In light of the assurances that I have given about the existing costs of conversion and the number of schools we anticipate will become sponsored academies, I hope that the House will agree that a report on the future costs of conversion is not necessary and I urge the noble Lord to withdraw his amendment.
Lord Storey
Heaven protect us from speculation. I think that people read very clearly into those comments from the Minister. There was a fear that coasting was the mechanism for ensuring that all schools did become academies by the end of this Parliament. People will look at that very clearly. If there are hundreds of schools that are coasting, and we need to find academy sponsors for them, there will be a cost—
Lord Nash
For some. I do not know if the noble Lord was here last week, but we discussed in some detail the circumstances in which a school might be sponsored if it was coasting, but also there were many circumstances where it may be able to cease coasting on its own or with some limited support.
Lord Storey
My apologies for not having yet been able to read the Hansard of those Committee proceedings. Of course, there will also be costs, presumably, for those academies that are identified as coasting. I take his point about the spending review and obviously we will come back to this issue as well. I beg leave to withdraw the amendment.
Schools: Free Schools
Lord Storey Excerpts(9 years ago)
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Lord Storey (LD)
My Lords, of free schools that provide alternative provision, five have funding of £100,000 per pupil and 18 have £59,000 per pupil. That contrasts with local authority schools, which have only £22,000 per pupil. Has any analysis or evaluation been done about the different provision? Does the Minister think we are getting value for money in the funding of special education and alternative education?
Lord Nash
I assure the noble Lord that we are very focused on value for money. Those figures are very deceptive because quite a few pupils in alternative provision are on the register of the school, so it appears as though there are fewer pupils in the alternative provision school. Pupils in alternative provision get much higher funding, as they do in pupil referral units run by local authorities, so the figures are quite confusing.
Education and Adoption Bill
Lord Storey Excerpts(9 years, 1 month ago)
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Lord Storey (LD)
My Lords, before turning to the Bill, I want to point out that yesterday, in another place, there was a Statement from the Secretary of State on the establishment of an annexe to a grammar school 10 miles away from its current location. Could we be witnessing the next phase of government education policy to deal with failing academies: allowing grammar schools to open an annexe on their site? That is a question that I will leave in noble Lords’ minds. The Government have an obsession with selective schooling, which is damaging the educational chances of children up and down the country. Selective schooling leaves too many pupils behind at an early age, and does not deal with the serious problems of school places that many authorities face.
I now turn to the Bill and, first, the clauses relating to adoption. It is an uncontested truth that the younger a child is adopted, the more successful that adoption will be. While there are children waiting a considerable time for adoption to take place, while there are parents keen to adopt, we should not be precious about how we arrange that adoption. It is not about boundaries; it should be about what is best for the child or young person. Yes, there is excellent practice being carried out by many local authorities and voluntary organisations, but if we can strengthen and develop those arrangements, it is all for the good.
The time it takes for adopters to be made available for many children and young people is far too long, particularly for hard-to-place children: disabled children, older children, sibling groups and children from, black, Asian and minority ethnic backgrounds. If the new powers to determine how local authorities discharge their duties in relation to adoption allow for the creation of regional adoption agencies, that is surely all for the good. No child should be hidebound by local authority boundaries. We need to make sure that the new system will improve the adoption of hard-to-place children, that changes will be in the best interests of the child, and that changes are characterised by transparency and accountability.
I was quite taken by a letter in the Times in 2011 from Chris Hanvey, who was then head of the Royal College of Paediatrics and Child Health. He said that,
“the current fragmented system encourages individual local authorities to hang on to ‘their’ prospective adopters until a suitable child comes into care in their area, however long that takes, rather than share them with other authorities where children are waiting in foster care for permanent new homes to be found”.
That is not a system that should ever be allowed.
I was also very taken with the Prime Minister's comments in his leader’s speech at his party’s conference about looked-after children and our responsibility as a society towards them. It was quite a moving passage. There are now nearly 70,000 looked-after children, and more than one in 10 of them have been in three or more different placements in a single year. Each year, 10,000 young people leave care. Moreover, around 45% of them have mental health problems. They often leave care under-prepared to live independently and without the support they need. I ask noble Lords whether they could imagine their own sons or daughters leaving home at, say, 16 without the constant parental and family support, advice and guidance that every child would want to be provided for them. That is, in effect, what we are doing with many of these young people. We have a moral duty as their corporate parents to help them rebuild their lives and do whatever it takes to make that happen.
I turn to the education side of the Bill. Just as every parent wants the best education and school for their child, every Government must and should provide the best schools and the best teachers; no Government have a monopoly on wanting to raise standards. As we heard, academies were first introduced by Labour under Blair’s premiership with a view to raising standards, particularly in disadvantaged areas. Academies were given more resources, finance and freedoms, along with a slimmed-down curriculum. Now, nearly 65% and rising of our secondary schools are academies—either stand-alone or part of a chain—and the Prime Minister has espoused that by the end of this Parliament he wants to see every school become an academy, hence the Bill.
The Bill, therefore, will give more power to the Secretary of State; it is more centralising, more bureaucratic, more undemocratic, and accountability is given a back seat. We cannot give parents a say in the matter because it is far too important; if a school is failing, we must get on with it—we cannot allow parents a voice. Neither can we give local authorities any say, even if they are a model of good practice and success, because they have no part in our plans. We will establish the wonderful term “coasting schools”, so that when the Secretary of State determines that a school is coasting we will be able, if we want, to force it to become an academy. What is more, because we cannot micromanage from the centre any more, we will give these Government-appointed regional commissars —sorry: commissionaires—the power to do so.
Is that really the way to develop an educational policy or build up confidence with our school leaders? Would it not be more honest, if you share the Minister’s aim, to say what you really want to achieve and then work with schools to plan out the road map for the academisation of all our schools? Undermining schools and teachers at every opportunity is not the way to do it. No wonder that, as we have heard, there is a crisis in attracting teachers to become school leaders and a considerable fall in the number of people entering the teaching profession; we are plugging some of the gaps in the teacher shortage with overseas teachers; and there is a shortage of teachers in specialist subjects.
No doubt the Minister will repeat the mantra that only academies are increasing standards. Perhaps he will cast his eye over the Sutton Trust research, which showed that, compared with mainstream schools, sponsored academies have lower grades and are twice as likely to be below the floor standard. In 2014, 44% of academy groups were below the Government’s new “coasting” level, and 26 of the 34 chains they analysed had one or more schools in this group. When analysed against a range of Government indicators on attainment, a majority of the chains still underperform in respect of their disadvantaged pupils compared with the mainstream average on attainment.
Of course, we should always be ambitious for our children and young people; no child should be in a failing school or with a poor teacher. If we are constantly supporting schools, developing and sharing good practice, expecting only the highest quality of school leadership and training of our teachers, with ongoing professional development, failing schools are less likely to occur and Ofsted inspections become a positive experience, because where school and curriculum issues arise they have been sorted out beforehand.
Talking of inspections, I do not understand why we, rightly, inspect local education authorities but not academy chains. One academy chain has 50 schools, which makes it bigger than my last local authority. Perhaps the Minister can explain the thinking behind this, as only 15% of the 20 largest academy chains are performing above the national average.
All the research shows how important the involvement of parents is in the schooling of their children—and yes, parents can play a very positive role. Why, then, are we now marginalising them? Parents should, must, be involved in changes to their child’s school. And what happened to the notion of parents being part of the governance of schools? The Bill will certainly improve the arrangements for adoption; as regards education, well, I have said what I think.
I was fascinated and quite moved by what the noble Lord, Lord Nash, said about his own experiences and how he got involved in academies, he and his wife having set one up. However, he must understand that many of us here have our own experiences of how we became involved in education. For myself, it was working in primary schools in deprived communities, and I have seen first hand that it is not about structures or the name on the tin. It is about quality—the quality of the teacher. Teachers go over and above the job they have to do. Believe it or not, I have seen teachers having to provide meals for children, provide clothes, and pick them up because nobody is at home. So, let us remember that all of us here have the best interests of children at heart.
I hope that when we discuss the Bill in Committee, we can look in a positive way at what I regard as some of the excesses of accountability and a top-down approach to schools and schooling, and perhaps be more realistic about developing caring policies for looked-after children.