Education Bill

Lord Touhig Excerpts

Wednesday 26th October 2011 Lords Chamber

If a school—let us say that it is an academy, because we are talking about schools which are their own admissions authorities—decides that the adjudicator is simply wrong and has misinterpreted its policies and practices, who then will enforce the change necessary for the academy to comply with the admissions code? In the array of measures that the Minister has put in the Bill and talked about today, it is still the case as far as we can see that that is the end of the road, no matter what the adjudicator says. If a school digs its heels in, there is no way in which the views of the adjudicator can be enforced. I would be grateful if the Minister could clarify whether, on both of those issues, my understanding is right and respond to the questions that I have asked him.

[Lord Touhig]

Subsection (2)(a) of the new clause proposed by Amendment 69 broadens the range of persons who can object to a school’s admission arrangements. That seems to leave the door open to people who have no direct interest in a school’s admissions policy to be able to object. What will the Government do to prevent these vexatious objections?

[Lord Alton of Liverpool]

My Lords, I support the point that the noble Lord, Lord Touhig, has made. I know that great concern has been expressed outside your Lordships' House that the provision could give rise to vexatious complaints being made by groups who have no interest whatever in the school concerned. I hope that the Minister will be able to reassure us that that will not be the case.

--- Later in debate ---

[Lord Touhig]

My Lords, I will not detain the House for long. I was going to say a few words about the amendment of the noble Lord, Lord Avebury, but the noble Lord, Lord Alton, has covered the points that I would have made. In an exchange with the noble Lord, Lord Avebury, the other day I said that those of us of faith and those who are secularists—such as him—have to coexist. We have to try to find ways through the problem about the Isle of Wight, which he has properly highlighted. However, that is perhaps better decided by local people than by putting something in the Bill.

I shall say a few words in response to the three amendments of my noble friend Lady Massey of Darwen. The Bill provides that where a new school is required, the local authority must consider the establishment of an academy or a free school before consideration is given to any other type of school. From the point of view of the Catholic education authorities, that would be a disadvantage. In any entirely new academy or free school, priority can be given to children of faith in relation to only 50 per cent of the places in cases of oversubscription, and that would clearly be a disadvantage. The Bill therefore sought to compensate for and counter that disadvantage by making provision to allow voluntary-aided schools to be established more easily.

The amendment moved by my noble friend would effectively limit the opportunity to establish new voluntary-aided schools. That would be a handicap, especially where there is a demand for them—and there is certainly demand in parts of London where there has been a rapid growth in the Catholic population in recent years. The other disadvantage of my noble friend’s amendment is that, as I understand it, if it were part of the Bill, academies and free schools would be the only schools that could be established, and I do not think that that is the policy of our party.

[Lord Young of Norwood Green]

My Lords, I rise to speak primarily to Amendment 70A, which was moved by my noble friend Lady Hughes of Stretford. I must admit that it is a curious irony that a Government who often proclaim their belief in localism and plurality should seek to impose a prescriptive solution on new schools. I was recently looking at the range of schools that, for instance, the Church of England provides in London. There is a wide variety of about 150 schools; some are academies and some are community schools. Although academies are very much the flavour of the day, they are not—and surely should not be—the only solution. It would be dangerous to assume that there is only one solution.

I should perhaps declare an interest as a governor of my local community primary school, and as someone who participates in the Lords outreach programmes and visits a wide range of schools. One can see successful academies and one can see successful community schools. My noble friend is absolutely right to say that Amendment 70A is not anti-academy by any means. It sends the message that the issue should be left to local determination. I should be very interested to hear the Minister’s response.