Schools: Free Schools

Lord Watson of Invergowrie Excerpts
Monday 26th October 2015

(9 years, 4 months ago)

Lords Chamber
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Lord Nash Portrait Lord Nash
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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.

Lord Watson of Invergowrie Portrait Lord Watson of Invergowrie (Lab)
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My Lords, it has been decided that new free schools will now be inspected in their third year of operation rather than in their second, although it is not clear whether that is due to funding cuts to Ofsted or perhaps, given that around 25% of them are deemed to be underperforming, it is to save the DfE from further embarrassment. Will the Minister explain how this new decision will help to ensure that underperforming free schools are identified and their failings addressed as soon as possible?

Lord Nash Portrait Lord Nash
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This is to bring free schools in line with all other new schools, which are inspected in their third year in the same way. Of course, free schools are monitored closely by education advisers in their early years and, as I already said, by the regional schools commissioners.

Education and Adoption Bill

Lord Watson of Invergowrie Excerpts
Tuesday 20th October 2015

(9 years, 4 months ago)

Lords Chamber
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Lord Watson of Invergowrie Portrait Lord Watson of Invergowrie (Lab)
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My Lords, it is a very great pleasure to welcome to these Benches my noble friend Lord Blunkett. I await with great interest his maiden speech. It is also slightly unnerving to have behind me two former Secretaries of State for Education as well as a recent education Front-Bench spokesperson from my party, so, if nothing else, that will keep me on my toes.

It is widely acknowledged that today fundamental problems face our schools in particular and the education system in general. In making the Education and Adoption Bill one of the first to be introduced in this parliamentary Session, the Government had an opportunity to address these issues and begin to remove them as problems. It is a matter of huge regret that they have singularly failed to grasp that opportunity.

The issue that overarches everything else in education is the ongoing problem of recruitment and retention of teachers because, without teachers, what is education? Yet that issue is the dog that does not bark in this Bill because, incredibly, eight pages and 12 clauses relating to education contain just a single mention of the word “teacher”. Even that is merely a reference to a pay and conditions warning notice. Very nearly 50,000 teachers left the profession between November 2013 and November 2014, the highest number on record. In 2009-10, under Labour, recruitment into teacher training was about 3,000 above target. In 2013-14 it was 2,300 below target. Why has that not set alarm bells ringing at the DfE? Nor does the Bill acknowledge, far less address, the question of providing a place at school for every child who requires it, following the increase in birth rates, or how the DfE is going to find many more academy sponsors, or how more good head teachers are to be recruited to take on underperforming schools.

The Government have set their face against each and all of these urgent matters, preferring instead to use this Bill as a vehicle to pursue their apparent obsession with removing schools from the local democratic framework and handing them to sponsors. All too often their suggested friends are supporters of the Conservative Party—some, it appears, even go on to become Ministers. This is legislation driven not by education considerations but by ideology, and it is interesting that the Minister mentioned ideology in his opening remarks. Our children deserve better—much better.

The main thrust of the Bill as regards state schools is as mistaken as it is simplistic: maintained, bad; academy, good. Simply turning a school into a sponsored academy does not bring about change for the better. Where schools improve their performance it is almost always because of the hard work and commitment of the head teacher, the teaching and support staff and the pupils themselves, with the support of their families. There is now a strong evidence base to show that there is no academy effect—no silver bullet in terms of academy status and school improvement. On the contrary, although the Minister has referred to examples in statistics that he regards as favourable, I would be very interested to hear his response to the Ofsted inspection results up to June this year. Of all schools inspected, the percentage of academies classified as inadequate was 3.4%, covering 3.9% of all pupils. The percentage of maintained schools classified as inadequate was 1.6%, covering 2% of pupils. So there we have it—there are now more pupils in inadequate academies, some 102,847, than in inadequate maintained schools, where there are 98,185. Perhaps the Minister could say when he expects to halve the rate of inadequate academies?

Surely schools should be given the opportunity and time to improve with appropriate support. When a school is issued with a warning notice by a local authority, or is eligible for intervention, the local authority can deploy additional and targeted resources to support the school and improve the education that it provides to its pupils. I agree with the Minister that not enough local authorities have issued warnings; that much we agree on. However, Clause 7 provides no such opportunity before a school is forced into academy status. Under the new system of comparative results, schools can be left in a position whereby, no matter how hard they work and how high the standard of their teaching, their results can fall as grade boundaries change. Grade boundaries are constantly changing and this system can lead to an excellent school being labelled as “coasting”. Has the Minister considered the consequences of this? Will he clarify how the definition of “coasting”, which we now hear will go out to consultation, will work alongside this new system of comparative results?

In practice, the Bill will simply fast-track many more so-called underachieving schools into academy chains and create a new label to stigmatise them and their staff and pupils with the toxic notion of coasting schools. There is a grave danger that this Bill will create a situation in disadvantaged areas where schools are simply unable to attract head teachers and teachers, because the chances of these schools being found wanting and forced into an academy chain are so great, with the implicit stigmatisation of their staff. Why are this Government so ready to demonise teachers and teaching staff? Many work long hours with insufficient resources yet feel they receive scant recognition of this when they have to suffer attacks on their profession.

The coalition Government opened the door to academies and free schools employing unqualified teaching staff. Yes, there are teacher shortages, but there are doctor shortages, too. Can we anticipate this Government introducing the concept of well-meaning amateurs being allowed to “give it a go” in our hospitals? Obviously not—but the analogy is not as facetious as it may appear. Doctors save lives, and while teachers do not give life, they provide the tools to young people to make the most of their own lives—a priceless gift that every single one has a right to expect. Any Government serious about school improvement would reverse the foolhardy decision to invite unqualified staff to teach, virtually without restriction. Every child and young person deserves, and every parent has the right to expect, nothing less than that teaching should be delivered by a qualified teacher at all times. The most successful countries, from the Far East to Scandinavia, are those where teaching has the highest status as a profession. These countries have demanding initial teacher education programmes which require successful completion in order to enter into the profession. They also generally have Governments who demonstrate that they value, rather than denigrate, the profession.

The Bill is a backward step for democracy in education and in society as a whole. Parents, governors and local authorities are all to be stripped of long-established roles and responsibilities. As things stand, the Academies Act 2010 requires the governing body of a school to consult parents before the school is converted into an academy. The Education and Adoption Bill would remove these requirements when a school is told that it must become an academy because it has been deemed failing or coasting. This denies parents and staff their only reasonable opportunity to be involved in what can be a fundamental change to the ethos of their school. That attack on basic parental rights has no place in a democracy, and these clauses should be removed.

Currently when a school is issued with a warning notice, the school’s governing body has an opportunity to respond. The Bill seeks to remove that right. Too often, schools struggle to attract sufficient governors. What sort of incentive is it to those considering serving their community to be told that, should a warning notice about their school’s performance be issued, the governors will be denied even the opportunity to respond by outlining their plans for improvement?

There is no signal from the Government that the Bill will include provision for academy chains to be inspected by Ofsted in the same way as local authorities are inspected, something that the Education Select Committee, many unions and Ofsted have called for. When Ofsted has inspected groups of schools in individual chains, it has made serious criticisms of a number of high-profile chains.

Clauses 8 and 9 must be struck from the Bill, so that parents, governors and school staff can remain included in the process of improving their school. But we have been here before. Consultation was missing from the original draft of the Academies Bill in 2010. The strength of feeling in both Houses and across the parties saw the Government bow to common sense and insert clauses on consultation. What has changed in five years? I hope the Minister is not going to seek refuge by telling us that that was during a coalition Government and the Liberal Democrats forced his party to concede the point. We shall see.

These clauses signify throwing into reverse previous statements made by major government players. In a debate on the Localism Bill in January 2011, Nicky Morgan, now Secretary of State for Education, said:

“I particularly welcome clause 102, which requires developers to consult local communities before submitting planning application for certain developments”.—[Official Report, Commons, 17/1/11; col. 642.]

So in the eyes of the Secretary of State it is appropriate to consult communities on planning issues, but not on major changes to their schools.

Even more tellingly, in light of the centralisation inherent in this Bill, in an article on shifting power to local people and local institutions in February 2009 a leading Tory wrote this:

“When one-size-fits-all solutions are dispensed from the centre, it’s not surprising they so often fail local communities. When people experience a yawning gap between the changes they want to see and those they can directly affect, it is inevitable that demoralisation and democratic disengagement follow.

The Conservative party wants nothing less than radical decentralisation … There are plans to give people a much greater say over issues that affect their daily lives”.

Those were the words of the then leader of the Opposition, David Cameron.

Collective amnesia seems to have afflicted the current Cabinet, with state education and its stakeholders paying the price. The Bill’s major measures can lead only to the powers and voices of local communities—governing bodies, democratically accountable local authorities, parents or school staff—being diminished.

We shall deal in detail in Committee with the question of so-called coasting schools. The Government did not even have a definition of coasting schools when the Bill was published. Now, as we heard, it is going out to consultation, but we know that it relies solely on performance data, taking no account of individual circumstances. Of course, no two schools are the same. Without doubt, this categorisation will impact disproportionately on schools with more socially disadvantaged pupils, perversely those in most need of assistance.

Adding insult to injury is the fact that the coasting label would apply only to maintained schools, although many academies are likely to fulfil the criteria that have now been laid down. What plans do the Government have to deal with academies that are coasting? The term “coasting” cannot apply; academy chains cannot be inspected by Ofsted and successful local authorities are not allowed to oversee failing academies in their area. That raises the question: quis custodiet ipsos custodes? If we are told that academy status is all that is required to turn around a coasting school, what if that does not succeed? Is a new sponsor sought? We look to the Minister to provide the answer to that conundrum.

Unfortunately, adoption is the poor relation in this Bill, but we welcome the measures to increase the supply of adoptive parents and prevent children remaining longer than necessary in the care system. We are, however, concerned that superregional consortiums may limit the role of small specialised voluntary adoption agencies, which often cater for mixed race and special needs groups.

We do not believe that adoption should be elevated above long-term fostering, special guardianship or other models of care. What matters most is what is in the best interests of the individual child. Adoption brings many positive outcomes to the lives of children, but it should be borne in mind that adoption is the right outcome for only a minority who end up in care. For many of those children, fostering or residential care may be more appropriate, and the full range of options should always be considered.

There are also concerns about the current state of the adoption system. There has been a substantial decline in the number of adoption decisions and placement orders, with a drop of more than 50% on both measures in the past year. That will take some time to have an impact on the number of children who actually end up being adopted, but that impact is clearly going to be considerable, and not in a positive way.

Voluntary adoption agencies play a key role, 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 voluntary agencies decreases. In some areas, local authorities, despite clear direction from government, 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 and how funding arrangements will support their activity.

I hope the Minister will find time in his closing remarks to demonstrate that some consideration will be given to those important issues, on which it is our intention to submit amendments in Committee; appropriately, it will commence during National Adoption Week.

Labour is opposed to this Bill because it takes school oversight, parental involvement and support for head teachers backwards. The Government are determined to restrict the measures in the Bill to local authority schools instead of addressing inadequacy wherever it is identified across the system. We will work with Peers on all sides of the House to amend and improve the Bill so that it focuses on the real challenges facing our education system, rather than fixating on a mistaken headlong rush to academisation as the only route to raising standards in our schools.

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Lord Nash Portrait Lord Nash
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My Lords, I thank all noble Lords who have contributed to the debate this evening; it has been incredibly valuable. It is very clear that the House is immensely passionate and knowledgeable about education and adoption.

I have heard many helpful points this evening—so many that I have, in fact, entirely rewritten my closing speech in an attempt to answer all the points made. I am sure that I will not manage that—I apologise if I do not—and I hope people understand that, as a result of my rewriting, there may be a certain amount of paper shuffling during my closing remarks.

Most of the opening remarks made by the noble Lord, Lord Watson, were nothing to do with the Bill so I will not waste noble Lords’ time by rising to all his comments. However, I will refer to a few. He made a point about the Ofsted ratings for academies versus those for local authority schools, and a similar point was made by the noble Lords, Lord Storey and Lord Touhig. The noble Baroness, Lady Sharp, was very quick to point out that many academies were failing schools that were then taken off local authorities. Academies have a far higher proportion of children receiving free school meals than other schools and, of course, many of these schools are in those sad, sad areas—of which we have too many in this country—of intergenerational unemployment, such as some coastal towns. In such areas, the statistics cannot take account of the drip-drip of negativity that these pupils experience when going home to a household where nobody works and where they know very few people who are in work.

Another point raised by the noble Lord, Lord Watson, the noble Baroness, Lady Sharp, and the noble Earl, Lord Listowel, was the question of teacher recruitment. The Labour Party does like to make a crisis out of the perennial challenge of recruiting teachers. The reality is that the teacher vacancy rate has remained stable at about 1% or below for the past 15 years and, on several occasions during the last Labour Government, was higher than it is now. However, I will write to the noble Earl, Lord Listowel, about our teacher recruitment strategy.

The noble Lord, Lord Watson, had certain concerns about voluntary adoption agencies. Personally, I think the fact that 140 of 152 local authorities have bid for the regional support fund shows the enthusiasm with which local authorities are embracing this approach.

I assure the noble Baroness, Lady Benjamin, that the interests of all children will be critical to what lies behind the regional adoption agencies. Concerning her more general remarks about children in care, I reply that under the last Parliament we took many steps to improve the support for looked-after children. This included £99 million in funding through the Pupil Premium Plus grant, a new duty on local authorities to appoint a virtual school head, strengthening quality standards for residential settings and launching a cross-government strategy for care leavers. At the moment, we are looking at how we might build on this and do more to support care leavers, particularly those not in education.

The noble Lords, Lord Watson and Lord Storey, and the noble Baroness, Lady Sharp, spoke about the democratic deficit caused by removing consultation when a school becomes an academy. What we on this side of the House are concerned about is the education deficit that takes place in failing schools by the frequent exploitation of the democratic process and the fact that it takes, on average, a year for a failing school to become a sponsored academy. This is often because of roadblocks put in the way by dogmatic influences and people putting the interests of adults ahead of those of children.

We heard from my noble friend Lord Harris, whose academy group is one of our top-performing sponsors. I pay tribute to the remarkable achievements of his group and the thousands of children’s lives that he has improved as a result. When the Harris Federation took over the failing school Downhills, opponents tried to block the change through judicial reviews and various other tactics—they even made a film about their opposition. However, their attempts failed. Members of the Harris Federation did not let this deter them. This was not a popularity contest but something that was absolutely needed to help the children of Downhills.

In my experience, it took almost two years for the Pimlico Academy to open as a sponsored academy from the point at which it was judged to have special measures. The transformation was delayed by various objectors. People resorted to tactics that included consistently lying about us in the press, lying to pupils about our plans, breaking into my office, finding someone who had no real interest in the project but who qualified for legal aid to front up a judicial review application all the way to the Court of Appeal—all the applications along the way were thrown out fairly quickly by judges at huge cost to the public purse—and even resorting to having Pimlico pupils lying in coffins on the pavement so that my wife and I had to step over them on the way to a meeting. This was all done to further the interests of adults and for petty dogmatic principles rather than worrying about the education of pupils. These delays cost hundreds of children lost educational opportunities, yet when after just two years, which was a record time, the school was transformed from special measures to outstanding, many of the same people asked to become the friends of Pimlico Academy. Also, while many of the original teachers had left, many others stayed. Others who had objected to the original proposals were lifted by the oxygen of success and have now transformed their own performance.

I am big enough and ugly enough to put up with the kind of nonsense we experienced at Pimlico, but I do not see why other sponsors should. More importantly, as the Secretary of State for Education has said on a number of occasions, a day spent in a special measures school is a day too long for the pupils in that school. Parents do not want their children in a failing school, and that is why we are bringing in proposals to speed up the process by which failing schools become sponsored academies.

Lord Watson of Invergowrie Portrait Lord Watson of Invergowrie
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My Lords, it is all very well for the Minister to blow his own trumpet, and I am glad that he has had success in Pimlico. But he is using that and other arguments to say that, if democracy is too much of an inconvenience, we can just set it aside. Is that what this country is really about?

Lord Nash Portrait Lord Nash
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Consistent with our manifesto pledge and the Queen’s Speech, we are bringing forward proposals in this Bill, if it is passed, whereby in certain circumstances a school will become an academy, and we feel that there should be no delays in that. All too frequently there are delays.

Lord Nash Portrait Lord Nash
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Yes to what?

Lord Watson of Invergowrie Portrait Lord Watson of Invergowrie
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So democracy can be suspended when it is an inconvenience.

Lord Nash Portrait Lord Nash
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No, democracy can be suspended where it is in the interests of the children. Rather than us proposing a democratic deficit, we are seeking to stop the abuse of the democratic process that takes place by vested interests. In addition to Downhills and Pimlico causing vast loss of educational opportunities, delays happened in the cases of The Warren, Camden Juniors, Twydall Primary, Roke, Bydales, Eton Porny, Manor Primary and many, many others.

The noble Lords, Lord Watson and Lord Storey, expressed their views about the inspection of academy chains. I agree that it is critical that multi-academy trusts are held to account for their performance. At his most recent appearance before the Education Select Committee, the Chief Inspector of Education, Sir Michael Wilshaw, was clear that the current arrangements, whereby Ofsted can inspect batches of schools within an academy trust at the same time, are appropriate. The Government do not consider that Ofsted should have an additional role in judging a trust’s central functions or operating model. As part of its assurance role, the Education Funding Agency already assesses the financial and governance arrangements of academy trusts to ensure that they are operating in line with the Academies Financial Handbook and the terms of their funding agreement. A point was made about parents. Through our free schools programme, parents are driving this and free schools are more accountable to parents than any other kind of school. Parents have often fought for the development of a school of a certain type or with a certain ethos.

I am grateful to the noble Lord, Lord Sutherland, who cut swiftly to the chase in his speech. I was impressed with his concept of pace and impatience because it is the feeling of pace and impatience which characterises our most successful sponsors. Regional schools commissioners will identify as soon as possible those schools which are coasting, seeking to bring about change for the better as quickly as possible. The five years he referred to of course include two years of history which have already passed, and sadly we cannot put the clock back. As far as his comments about IT are concerned, I wholly agree with the importance of this area in helping to assess the progress and attainment of pupils, and in identifying those pupils who are not being properly served.

I pay particular tribute to the right reverend Prelate the Bishop of Ely for his work in the Diocese of Ely Multi-Academy Trust; he knows that I share his interest in the importance of character development. I also share his concerns about consistency of practice, and I hope that the Schools Causing Concern guidance will provide considerable clarity on this. I also look forward to working with him on refreshing the memorandum of understanding that we have with church schools. We had a helpful meeting this morning and I will work with him to ensure that we achieve the consistency that he desires. The right reverend Prelate succinctly summarised the importance of school-to-school support, as did the noble Lord, Lord Blunkett, and the noble Baroness, Lady Hughes.

The noble Lord, Lord Blunkett, made an extremely eloquent maiden speech and I welcome him to your Lordships’ House. I had the very great pleasure of meeting him for the first time this morning and sharing some thoughts. I am delighted that he has become the chair of the David Ross Education Trust, which sponsors more than 30 academies. I am sure that the trust will benefit greatly from his involvement.

During the last Parliament we created hundreds of local multi-academy trusts based around one local outstanding school and we focused national chains on local hubs. It is acknowledged that the best way to improve failing schools is through local school-to-school support. The Government believe that the evidence is clear that the best way to provide such support—the most rigorous, the most permanent, the most efficient and the most accountable support—is through a multi-academy trust. People who run multi-academy trusts, some of whom were very against academies in the first place, talk glowingly about their advantages: a sense of being in control of their own destiny; the ability to retain staff they know they would have lost if they were running only one school; the career development opportunities through the ability to move staff around schools; the enhanced CPD opportunities; the ability to finance far higher-quality people; the economies of scale achieved through purchasing efficiencies, standardisation of assessment, and many more.

We now have enough multi-academy trusts performing really well to know that there is a gold standard out there to which all can aspire. This has been recognised by many commentators, including the Sutton Trust. People such as Outwood Grange, REAch2, Harris, the Inspiration Trust and smaller groups such as WISE and Tudhoe are setting the bar really high. With strong oversight from the RSCs, we will ensure that poor performing groups up their game, and the RSCs are holding many events where strongly performing groups such as Outwood Grange share their experiences and methodology. Outwood Grange’s record is superb. It has been holding a series of roadshows around the country and it has put its entire school improvement methodology on to a memory stick. We want to do far more of this kind of development. The Sutton Trust has said that the best academy chains are outperforming and some are substantially outperforming. The job of the regional schools commissioners and my job is to spread good practice and intervene in failure so that all groups raise their game towards the standards of the very good, and this Bill is about helping them to do that.

I was very interested to hear that my noble friend Lady Eaton is a trustee of the Sir Simon Milton Foundation because Sir Simon was a truly great man whose ambitions for the academy programme and for the children of Westminster were enormous. He was also extremely courageous. I am grateful for her words of support in relation to our adoption proposals because I know that she is extremely experienced in that field.

The noble Baroness, Lady Hughes, spoke eloquently on a number of points. I am always very interested to hear her remarks because she is always worth listening to. We had many constructive discussions during the passage of the Children and Families Act 2014, and this is our first discussion since then. I have to say that I have missed her. I agree entirely that structure is not the be-all and end-all. What really matters is what is taught in the classroom and how. She also talked about the advantages of collaboration. We believe that the freedoms provided by academy status in a MAT structure as I have just outlined are the best way to ensure such collaboration. Why do we need a power to issue our own warning notices when we can direct local authorities to do so? Unless a school is in category 4, it is because the regime that follows the warning notice is entirely at the discretion of the local authority. As Ofsted has reported, there are many examples where local authorities’ use of warning notices has been found wanting.

On the comments of the noble Baronesses, Lady Hughes and Lady Morris, about the only route out of failure being academies, I must respond by saying no. As I said in my opening remarks, we may well encourage many schools to stop coasting by using NLEs and seeking support from other schools which may not be academies, and as far as devolution is concerned, we see the regional schools commissioners and their elected head teacher boards as giving control over the school system to school leaders. On co-operating with other areas of the school system, we have a very good model in Birmingham through the Birmingham Education Partnership under Sir Mike Tomlinson, which is across all sectors.

The noble Baroness, Lady Humphreys, talked about the capacity of regional schools commissioners. I can assure her that we will be very focused on the capacity that they have and on the capacity of sponsors. The noble Lords, Lord Addington and Lord Northbourne, talked about the coasting definition. On 30 June, the Government published illustrative regulations setting out how we propose to define coasting. This sets out the database definition which will be used to identify coasting schools. As I have said previously, this is focused particularly on secondaries and will be increasingly focused on Progress 8. I was very pleased to hear the remarks made by the noble Baroness, Lady Humphreys, about that, as we move away from what Tristram Hunt called the “great crime” of the C/D borderline. Shortly, we will launch a consultation on this definition and the Schools Causing Concern guidance, setting out how we propose that RSCs will tackle failing coasting schools. I reassure the House that this document and the consultation will be available for Peers to scrutinise during Committee stage.

This Bill is about schools causing concern but a number of noble Lords, including the noble Baronesses, Lady Massey and Lady Morris, raised points about the performance of converter academies; that is, schools which are approved to become academies without a sponsor. The latest data from Ofsted show that almost 90% of converter academies are good or outstanding, which is a greater percentage than local authority maintained schools. The latest primary and secondary school results also show that the performance of converter academies is continuing to rise. In particular, secondary converter academies have improved their performance by double the rate seen in maintained schools.

The noble Baroness, Lady Sharp, talked about teacher retention. Almost 90% of teachers continue in the profession following their first year of teaching. This rate has remained stable since 2006. Recent reports suggesting a 40% leave ratio are completely inaccurate. Almost 75% of new teachers are still in the profession after five years. More than half of teachers who qualified in 1996 were still teaching 18 years later. The proportion of the teacher workforce that leaves each year has remained low over recent years. Just 10% of those teaching in 2013 were no longer in the workforce in 2014. Teacher retention has remained stable over time with very little variation over 10 years. I am delighted to arrange for the noble Earl, Lord Listowel, to visit a sponsored academy soon.

As regards governing bodies and parents, all academies and multi-academy trust boards must have two parents on them. My noble friend Lady Perry talked about leadership, which is incredibly important. We have developed the future leaders MAT CEO course, which the department sponsored across 24 CEOs. This is being rolled out with 30 more going on the course this month and 30 next month. I am delighted that the Church of England is developing its own leadership development programme, which is so important.

The noble Baroness, Lady Benjamin, the noble Earl, Lord Listowel, and the noble Lord, Lord Touhig, talked about mental health support for children in care. All children and young people deserve to grow up feeling safe and supported, and the Government are committed to improving the mental health of the most vulnerable. I assure noble Lords that the Government are determined to deliver the transformation we need to see if we are genuinely to improve children’s mental health. We are working across government departments to respond to the challenges set out in the Future in Mind report. The Department of Health has identified £1.25 billion to improve mental health services for children, young people and new mothers over the next five years.

It is vital that we provide the best possible start in life for every child. That is why we are here today and why we need these reforms. The measures in this Bill are essential to ensuring high standards of education across the country and permanent loving homes for some of our most vulnerable children. I know that Members of this House have considerable expertise and have passionate views on how we should tackle these issues, which has been shown by tonight’s debate. I also know we agree on the objective that lies at the heart of the Bill and that every Member of this House has high expectations for our children.

The Bill demonstrates the Government’s commitment to real social justice and making a real difference to giving children the chance to aim for a brighter future. We have heard so many noble Lords speaking passionately about their own journey. This is an ambition which I am sure is shared by all who are here tonight. I look forward to debating this Bill further and I hope that all noble Lords who are interested will accept my invitation, which I will issue shortly, to attend a meeting on 2 November at 3 pm to meet with some regional schools commissioners and chief executives of academy trusts. Some noble Lords in particular might find that helpful.

I commend this Bill and I ask the House to give it a Second Reading.

Education: British Values

Lord Watson of Invergowrie Excerpts
Thursday 26th June 2014

(10 years, 8 months ago)

Lords Chamber
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Lord Storey Portrait Lord Storey (LD)
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My Lords, first I thank all noble Lords who are taking part in this debate. Following the so-called Trojan horse scandal in Birmingham and the subsequent Ofsted inspection and reports, our Education Secretary of State commanded that every primary and secondary school should promote British values. The Prime Minister went on to say that we should be “more muscular” and less “bashful” about asserting our national identity. The Prime Minister said that every child in Britain should be taught about Magna Carta, the foundation of all our laws and liberties. I hope the teaching of Magna Carta will be better than that which the Prime Minister himself received. Noble Lords will recall that he had a bit of difficulty recalling Magna Carta on American television. I am sure an understanding of baronial rights and regulation of fish weirs and moneylenders can be made as relevant today as it was then.

As a direct result of the Ofsted reports into Birmingham, new clauses have been added to the model funding agreement for academies. It now stipulates that governors should demonstrate “fundamental British values” and gives the Secretary of State powers to close schools if they do not comply. These British values include respect for the law, for democracy and for equality, and tolerance of different beliefs. Of course, we have to be a little bit careful and not think we are the best in the world in our values. We have only to look through our own history to see recently how discrimination ripped through our country, how it affected gay people, how there was slavery and even the burning of people for their religious belief. Values are not set in concrete or stone; they change.

Both the Equality Act 2010 and the Human Rights Act 1998 prohibit discrimination on the grounds of disability, sex, race and religion, and today in Great Britain these liberal principles have never been in doubt. British individuals may identify themselves in different ways, but the notion of British identity is multifaceted and inclusive. British values reflect the pride we feel as a nation when we see a multicultural and ethnically diverse population working together to protect our democratic ideals and ensure that every child has access to the best possible education, regardless of their background. We cannot deny that the elements of Britishness stated by the Secretary of State are complex and open to interpretation. However, these intentions should not be written off as a pipe dream. We must not assume that such values lie out of our reach.

My previous experience as a teacher in a large inner-city primary school has highlighted to me the importance of citizenship education and its role in helping to shape future generations of young people and young adults. Citizenship education and improved political and social awareness are crucial to help youngsters understand one another. Education should be about not prescribing values or abiding by arbitrary morals and customs but being part of a respectful community of discourse on topics that affect us all. It is my firm belief that citizenship education is no different.

The Prime Minister expressed his desire for the Government to start inculcating British values in the curriculum. Having considered that, I find myself slightly bemused to see that academies and free schools—roughly half our secondary schools—can choose not to teach the subject at all and that routine Ofsted inspections do not review it. As a consequence, its omission goes overlooked in a majority of our schools. That needs to be reconsidered urgently. Our schools need clarity that citizenship must be delivered effectively under the national curriculum and will be inspected routinely—perhaps even with no notice, if that proves an effective tool to ensuring accountability—as part of the broad and balanced curriculum that every child deserves.

What happened among a few Birmingham schools does indeed raise a number of educational issues, which we have debated on many occasions in your Lordships’ House. Does it really make sense for some schools to be given the power to choose what they teach? Is not the curriculum too important to be solely in the hands of individual schools? Our inspection regimes must be universal and up to the mark. The Office for Standards in Education has to be the guarantor of quality; Ofsted’s reports must be the key to understanding how schools have performed. The suggestion that grade 1 schools might be exempt from inspection is dangerous. No school, however good, comes with a guarantee of permanent success. Standards can and do slip. Some 31% of schools graded “outstanding” in an inspection do not maintain that standard in the next inspection. Indeed, as we know, one of the Birmingham schools received an “outstanding” Ofsted inspection.

I was interested to read in an article written by the noble Baroness, Lady Morris of Yardley, in the Guardian:

“In truth, both the old model of local authority control and the new model of autonomy are flawed – and events in Birmingham should make us face up to it. Three organisations had the responsibility to spot and prevent failure in the Trojan horse schools – the Department for Education, the local authority and Ofsted. They all failed”.

I do not feel that being British or respecting British values is something that can be prescribed. The best way to unite Britons is to gain a mutual understanding and respect for each other.

Lord Watson of Invergowrie Portrait Lord Watson of Invergowrie (Lab)
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On that point of the people of Britain’s mutual understanding and respect, can the noble Lord explain why the wording of the Motion calls on Her Majesty’s Government to promote British values in all education institutions—presumably including colleges and universities—throughout the country, when Her Majesty’s Government have no control over education in Northern Ireland, Wales and Scotland, as a result of devolution?

Lord Storey Portrait Lord Storey
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I am glad the noble Lord raised that point, because it is something I have said on a number of occasions. In actuality, when we debate education issues in this House, we talk only of the education service in England; we do not talk about Wales or Scotland. It would be nice to have a debate where we learn from some of the examples of the Scottish and Welsh education systems. For example, Wales, which is often derided in this House for some of its failings in education, is up to the mark on careers education and counselling. I am sure there are such issues in Scotland. I very much support and agree with what the noble Lord has said.

As I was saying, children should at a young age achieve an understanding of each other through citizenship lessons. The idea of citizenship is based on mutual respect, which the Government have vehemently championed in recent weeks. These sentiments are based on tolerant, helpful and liberal values. In your Lordships’ House we engage in respectful and meaningful discussions. That is why we must encourage our young scholars, whether in England, Scotland or Wales, to do exactly the same.

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Lord Watson of Invergowrie Portrait Lord Watson of Invergowrie
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My Lords, I fear that the attempts to define and perhaps codify British values will be as difficult, and ultimately as successful, as trying to nail jelly to a wall. If we are looking for a definition of values, it is important that it is inclusive and cohesive. I regret that the noble Lord, Lord Storey, did not seem to quite get the point that I was making earlier about the very title of this debate, which suggests that due consideration has not been given to the various constituent parts of what is currently the United Kingdom, and which I fervently hope will remain the United Kingdom on 19 September this year. I refer to the casual approach, which almost says that England is Britain and Britain is England, that antagonises a lot of people in other parts of the UK.

I will give an example that will perhaps seem rather trite to noble Lords: the World Cup. I am a Scot domiciled in England, married to an Englishwoman, with a son who is therefore half-English. I bear the English football team absolutely no ill will and indeed I hoped that they would do well in the World Cup. But then I sit down and watch the game. Just before the game, the players line up and what happens? I hear “God Save the Queen”. I am sorry, but “God Save the Queen” is not the national anthem of England. It is the national anthem of the UK—play it at a ceremony at the Olympic Games. But at the Commonwealth Games in Glasgow next month, English athletes, who will probably win more medals than anybody else, will have their medals put round their necks after “Land of Hope and Glory” has been played, not “God Save the Queen”. There is an English national anthem. Whatever the English people want as a national anthem is up to them but I am sorry, it is not “God Save the Queen”, and that shows that greater thought has to be given, in this example and indeed others, to the inclusivity of the United Kingdom if we are really going to put together British values.

Baroness Flather Portrait Baroness Flather
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I am very interested in the national anthem. I am not sure that it relates exactly to the values in schools. If Scotland wants its own national anthem to be played on Scottish occasions, it is for Scotland to work for that, but it is not about values. Values in schools concern all of us, not just this country or that country.

Lord Watson of Invergowrie Portrait Lord Watson of Invergowrie
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I always listen to the noble Baroness very carefully and I enjoyed her recent contribution but I am not talking particularly about schools. We are talking about British values; it does not relate just to what is or is not said in schools. The point I am making is that, if we are going to have British values, it has to be much wider than that.

In closing, I will comment about Magna Carta apparently being mentioned as the centrepiece of any attempt to put together British values. I think that is strange, not least because, to come back to my original point, Magna Carta was a very English—not British—document. I will simply quote from the commentator Owen Jones, who wrote very recently about Magna Carta, highlighting the fact that the values of many people in Britain are diverse, quite apart from whichever part of the country they originate from. Mr Jones said:

“Here was a charter imposed by powerful barons—hardly nascent democrats—on the weak King John to prevent him trampling on their rights: it didn't satisfy them, and they rose in revolt anyway. It meant diddly squat to average English subjects, most of whom were serfs”.

Yet this is on what we are proposing to base a discussion around fundamental British values. I end where I began: I think it will prove to be a fool’s errand.

Education: 16 to 18 Year-olds

Lord Watson of Invergowrie Excerpts
Monday 4th April 2011

(13 years, 11 months ago)

Grand Committee
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Lord Watson of Invergowrie Portrait Lord Watson of Invergowrie
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My Lords, I congratulate the noble Lord, Lord Willis of Knaresborough, on securing this debate, not least because it took him nine months and I admire his perseverance. I also join others in congratulating the noble Lord, Lord Fink, on an admirable maiden speech. I am sure that he will make a considerable contribution to the workings of this House and I look forward to witnessing it.

The Government tell us that the EMA has to go because it has not proved its worth. Yet research by the 157 Group has shown that, in some colleges, the EMA has boosted attendance and course completion to more than 90 per cent. Students at Lambeth College in south London who receive the EMA are 13 per cent more likely to pass their courses than those who do not.

In its report assessing the success of the EMA, the Institute for Fiscal Studies found that it resulted in a 20 per cent increase in participation among females and 14 per cent among males. A DfES survey found that the figure was, across the board, some 12 per cent. Surely a policy that increases participation among those groups most prone to chronic underachievement by somewhere in the 12 to 20 per cent range is a successful one, and should be built upon and not destroyed.

Further, given already or soon-to-be implemented cuts to benefits elsewhere, not least in housing benefit, the impact of EMA would increase if it remained in place. Families are surely far more likely to be comfortable about a 16 to 18 year-old staying in full-time education with EMA.

As other noble Lords have said, Mr Gove says that EMA has too much “dead weight” and points to a lack of firm evidence that it makes pupils stay on. However, official government figures estimate that an extra 10 to 12 per cent of pupils stay on. Surely that is a significant number. We are talking about some 60,000 young people who would in the main be unqualified, unemployed and educational drop-outs otherwise. How can something that benefits at least 60,000 youngsters be worth doing away with? I am well aware of the counter-argument, that there are those who benefit from it who do not really need it. But it is a universal benefit like many others. It is a safety net for the less well-off and should not be done away with simply because there are some people who receive it who do not benefit from it. The noble Lord, Lord Willis, highlighted the winter fuel allowance which, like him, I have received. I frankly question its value in the grander scheme of things.

The Government seem to have reacted in some small measure to the widespread criticism of this savage cut by announcing last week an additional £180 million to help students from the poorest families continue with their education. That is to be welcomed because it is being targeted at those students most in need, including those in care and those with disabilities. Yet it means simply that the Government are cutting the resources associated with the EMA by 60 per cent rather than 90 per cent, leaving the support to enable young people to stay on at school or college still far short of the £575 million provided through EMA.

We hear that of the £180 million, £110 million is to come from what is described as a contingency fund within the DfES while the source of the remaining £70 million is not clear. It is simply entitled Treasury funds. I am sure that I would not be alone in welcoming clarification of where that additional funding will come from. I would particularly like confirmation that it will not come from other 16 to 19 budgets within the DfES. Now we learn that replacing the scheme will actually cost far more than the additional £180 million announced. Information received by the Opposition from the House of Commons Library reveals that the Government may have to find up to £130 million more to fund a promise to maintain EMA for students who started two-year college courses last autumn and who will receive weekly payments of at least £20 until the end of the next academic year. Because Mr Gove has promised to protect only those on the top rate of £30 a week—a payment that will be cut to £20—it is expected to cost around £130 million on top of the £180 million bursary fund that he announced.

As has also been mentioned, the Secretary of State can apparently anticipate a robust knock on his door from none other than his friend, London’s mayor, who is concerned about a disproportionate impact of withdrawing EMA on young people in the capital. “I don't think we have seen the end of this story”, Mr Johnson told the BBC “Question Time” audience last week. On this point, if on no other, we can only hope that the mayor is correct.

Colleges have welcomed the Secretary of State’s intention to entrust them with maximum discretion to determine how the additional resources are to be spent, as there will be freedom to use them to fund transport, food and learning materials. Following the Secretary of State’s original announcement of the ending of EMA, colleges and students expressed great concern about transport costs, which an Association of Colleges survey had identified as a key barrier to students continuing with their courses. Ninety four per cent of colleges have stated that abolishing the EMA will affect students’ ability to travel to and from college.

Since 2000, colleges and schools have been able to claim so-called entitlement funding, specifically for activities which support a broad education for young people, resources that they use to pay for tutorials, additional courses and so-called enrichment activities such as sport and the creative arts. Colleges use the entitlement funding to directly support student achievement in their chosen courses and qualifications and to help them progress into higher education or employment. The Government’s 16 to 19 funding statement announced a massive cut in entitlement funding from 114 hours to 30 hours, as well as cutting the maximum funding for each student by 10 per cent.

A number of colleges use their entitlement funding to assist students with their applications to university, particularly those groups who are less well represented in higher education. Many activities supported by enrichment funding provide students with additional information for UCAS personal statements which, as I am sure noble Lords are aware, are becoming increasingly important for acceptance into Russell group universities. Some colleges use the funding to provide additional one-to-one coaching for students to prepare them for Oxbridge interviews—the kind of support that students at private schools receive as a matter of course, with long-established outcomes. The Government should reconsider this cut, given the impact it will have on disadvantaged young people in preparing them for an enriching life of post-school education or employment.

One major benefit to flow from devolved government to Northern Ireland, Scotland and Wales is of course that young people in those parts of the UK will continue to receive EMA. That means that, unlike their counterparts in England, those school pupils and college students most in need will not be forced to leave education earlier than they or their parents would wish. Another factor affecting young people in education, along with those who are older, in one part of the UK differently from those in others is the so-called 16-hour rule. Officially, the rule applies across the UK. In response to a parliamentary Question which I submitted last year, Lord Freud replied:

“All Jobcentre … staff are given the same appropriate advice and guidance relating to full-time and part-time study to ensure that the rules are followed consistently”.—[Official Report, 9/12/10; col. WA 80.]

That may be the theory but it is not the practice. What is required most of all on the 16-hour rule is flexibility in the benefits system and the relaxation of its strict application. The previous Government had announced their intention to trial a relaxation of the 16-hour rule in certain areas. This Government have chosen not to do so.

Last year, Scotland’s Colleges—the equivalent of the Association of Colleges north of the border—published a report entitled Back to Work, which concluded that where the 16-hour rule is implemented strictly it acts as a clear disincentive to study and therefore to make a meaningful return to the job market. Students forced to go part time rather than full time are delaying their potential entry into the workforce. Many students want to take up a full-time college place but cannot do so because if they do they will lose their benefits. Colleges would not advise students to come off benefits just to study full time if that meant they would be worse off. As a result, they study part time and claim benefits for longer.

It is not the actual government regulations but the interpretation of full-time education that are the problem. The deciding factor appears to be whether or not a course or qualification has been designated full time or part time by the learning provider. However, there can be flexibility as shown in the way that the regulations are interpreted in Northern Ireland, but a willingness to interpret the rule more sensibly is unfortunately lacking in other parts of the UK.

The benefits system in Northern Ireland is different, although the 16-hour rule still applies there, but education opportunities have been adapted to make studying on benefits possible. A student is classed as full-time for further education purposes if they attend a minimum of 15 hours a week for seven sessions over a 30-week period. This allows the college to receive funding to provide the learning, but students can still collect benefits, as they are available for work and the course is less than 16 hours a week. Why cannot this flexibility be extended across the UK so that all can benefit from it? A blanket lifting of the rule would be preferable but, if that is deemed unacceptable by the Government, I very much hope that there might be, at the very least, selective relaxation to cover areas of high unemployment.