(7 years, 8 months ago)
Commons Chamber(9 years, 1 month ago)
Public Bill CommitteesWe want it to be irrelevant. Of course, it is not irrelevant so far as the child is concerned. Supportive parents who encourage the children to do their homework and to read, who read to their children and take them to museums and theatres and around the country on trips, will of course all impact on the child’s education and ability to learn. However, if we want an education system that is needs-blind and tries to remedy all the problems that a child may face as a result of their background, we need to have very high expectations of every school, regardless of where it is situated and regardless of its intake. That has been the drive behind many of the education reforms implemented over the past five years, and behind the concept of the pupil premium.
The reason for the pupil premium is to provide extra funding for schools that face the challenges that the hon. Member for Hyndburn described. That is why significant sums of money totalling £2.5 billion a year have been allocated to schools, particularly to schools serving deprived areas. We want very high levels of expectation in schools.
I can take Opposition Members to schools that serve challenging areas and deliver the education that we want for every child in this country. They are managing to do it. I admit that they are fewer in number than we would like, but the Government’s ambition is to expand the number of schools that deliver high-quality education in areas of deprivation so that every single child reaches the expected level or beyond. Given that it can happen— for example, at the King Solomon Academy or the Ark Priory primary school in London—I do not see any argument, whether from Rebecca Allen or from the hon. Member for Hyndburn, that cannot be countermanded by those examples. We believe strongly that every school in every area is capable of delivering the high-quality education that we see in the best schools in the country.
If the pupil premium is the chosen means for compensating for the difficulties or deprivation that some children suffer, how concerned is the Minister that the National Audit Office has said that there is no evidence that the pupil premium is having any meaningful impact on achievement? The NAO is deeply concerned about how ineffectively it has been spent in some areas.
Of course I am concerned about those conclusions. The pupil premium enables schools to adopt approaches that will ensure that every child progresses and achieves the level of education that we all want. However, it is also a matter of what happens in schools. Combined with the pupil premium, we have policies, for example, on phonics—the most effective way of teaching children to read—that evidence from around the world and from this country shows are effective. We are looking at evidence about how to teach children mathematics. We have had teacher exchanges between Shanghai and this country. Shanghai is three years ahead in mathematics achievements for 15-year-olds. We are looking at methods that bring about results. In the Shanghai approach, every child achieves what they call “mastery”. They manage to achieve the same level of fluency as the brightest children in the class, and we want to bring that approach to the United Kingdom. It costs money, of course, but it is not just money; it is also approaches.
Sir Alan, I really want to hear more about Shanghai, but will the Minister explain the point about the pupil premium first? Perhaps we can come to Shanghai later. He said that the pupil premium was the instrument he was using to compensate for these concerns. What about the fact that the NAO says that there is no evidence that it is doing what the Minister claims?
Well, we want to ensure that schools have the resources to enable them to tackle poor performance among children from poorer backgrounds. We want to help those children to achieve as much as, if not more than, children from leafy suburbs. It is a matter not simply of resources but of the approach to education. We have established the Education Endowment Fund, which is looking at methods and bringing evidence-based approaches into our education system so that we can see what is effective in helping children to achieve most effectively. So it is not a one-club approach. It is a multi-club approach that looks at the best ways to deliver education to help all children.
My hon. Friend is right to describe her experience in Portsmouth. One requirement of the 2012 School Information Regulations, introduced by the previous coalition Government, is that schools state how they have spent the pupil premium and how effective they have been in raising educational standards for eligible children.
I shall move on to explain the definition of “coasting” for the purposes of clause 1. I have already set out the situation for secondary schools for 2016 onwards. I now want to set out the position for primary schools for 2016 onwards. For a school to be identified as “coasting”, it has to fall below both the attainment level and the progress measure. In 2016 the attainment threshold will be 85% of pupils meeting the new expected standard in reading, writing and maths. The progress measure will be calculated by comparing the results of pupils with similar starting points.
The key measures incorporated into both the primary and secondary coasting definitions will be introduced from 2016, giving schools time to prepare for the new arrangements. It will, therefore, be in 2018 that each school has three years of data reflecting those metrics. It is important, though, that we do not wait until 2018 to tackle coasting schools, so the draft regulations include interim measures for 2014 and 2015 data that reflect current accountability measures.
That approach will allow regional schools commissioners to begin identifying coasting schools from 2016 on the basis of three years’ data. In 2014 and 2015 only, a secondary school will be below the coasting level if under 60% of pupils achieve five or more A* to C grades, including English and maths, at GCSE; and if the percentage of pupils making expected progress is below the national median. We are not applying progress data retrospectively because that would be unfair for schools that have made curriculum choices that were reasonable for the accountability regime applying at the time of their choice.
A primary school will be below the coasting level if under 85% of pupils achieve level 4 in reading, writing and mathematics, and if the percentage of pupils making expected progress is below the national median.
Clause 1(3) would require the Secretary of State to notify a school when it is deemed to be coasting and, therefore, eligible for intervention. Once a school falls within the coasting definition, regional schools commissioners will consider whether the school has the capacity to secure the necessary improvements without formal intervention. In some cases, the school’s own leadership, perhaps a recently appointed head, may demonstrate that it has an effective plan to raise standards without significant external support. In other cases, more support will be necessary.
Coasting schools will have the opportunity to work with national leaders of education or stronger schools and other relevant experts to improve their performance. Where appropriate, the regional schools commissioners will use formal powers of intervention, including the new power in clause 4 to require the school to enter into arrangements such as collaboration with another school, or entering into a contract with another organisation to receive advice. Finally, clause 1 would also give regional schools commissioners the power to make an academy order in respect of a coasting school.
An explanatory statement sent to the Committee last week was clear that we will consult further on the definition of coasting, as the Bill progresses through Parliament and before regulations are finalised. That wider consultation will build on the discussions that we have already had with key organisations, many of which the hon. Member for Cardiff West listed as having an interest in the issue and submitting written evidence, including the Association of School and College Leaders, the NAHT, Ofsted, the National Secular Society and the Catholic Education Service.
Amendment 66 seeks to apply the statutory framework for defining coasting maintained schools to academies. Underperformance should not be tolerated in any school, whether maintained or an academy. There are now 5,043 open academies and free schools, the vast majority of which are successful, despite what the hon. Member for Sheffield, Heeley said. In the small number of cases where we have had concerns about the performance of an academy, free school or sponsor, we have taken swift action to require improvements. Since 2010, we have issued 108 formal warning and pre-warning notices. Where it is clear that the capacity to make necessary changes does not exist, we will make new sponsor arrangements, as we have done in 75 cases.
Chatham grammar school for boys is one school that has benefited from a change of sponsor initiated by the Department. In June 2013, Ofsted deemed the school inadequate, and it was transferred to Rochester grammar school’s Thinking Schools Academy Trust. Its new sponsor, Rochester grammar school, is an outstanding school that is in the top 1% for attainment nationally. Its executive principal, Denise Shepherd, is a national leader of education. When Chatham grammar school for boys was re-inspected in September 2014, Ofsted found it to be good and commented:
“The executive principal provides exceptional leadership. Her swift actions to address inadequate teaching and leadership have resulted in rapid and sustainable improvements.”
A further example of the Department acting quickly to address performance issues is Minerva academy in Paddington, which was judged to require improvement by Ofsted in January 2014. We had concerns that the sponsor did not have the capacity to bring about sufficient improvement. It was therefore arranged for the school to move to a new sponsor—REAch2 Academy Trust—in September 2014. At a monitoring inspection in March 2015, Ofsted commented:
“The REAch 2 trust has provided the school with extensive challenge and support.”
It said that
“the academy trust acted quickly to review how effective the school was in its work with pupils and parents. They identified where the school was in its journey towards becoming a good school and in tackling the areas that required improvement…the trust, the local transition board, leaders and staff have a sharp understanding of where the school is and what is necessary to improve the school.”
Ofsted continued:
“The comparison between pupils’ books from last academic year and this year is striking…Senior leaders have focused quickly on eradicating any inadequate teaching. This has been achieved and pupils across the school are making faster progress, as a result.”
Is there a cost for this commendable action whereby the Minister intervenes to switch sponsors for a school that has been lumbered with an inadequate sponsor? Some contractual arrangements must presumably change as a result of the switch. What is the average estimated cost, and who picks up the bill?
I will come back to the hon. Gentleman on the figures in a moment, but I want first to talk about the powers to intervene.
As my noble Friend Lord Nash made clear when he gave evidence to the Committee, we will be just as rigorous in identifying academies that fall within our coasting definition as we will be in the case of maintained schools. Just as I have outlined for maintained schools, any academy that falls within the coasting definition will be challenged and required to demonstrate that it can improve sufficiently or face further action.
(9 years, 1 month ago)
Public Bill CommitteesThe hon. Gentleman is right. There is a “may” power. The Secretary of State may issue an academy order under that provision of the 2010 Act. The provision in clause 7 would make it automatic, so that the academy order is automatically issued on the day or day after Ofsted awards a judgment of “inadequate” for that school. That fulfils our manifesto commitment to take action from day one, when a school is demonstrated to be failing. We make no apology for bringing in a Bill that changes that “may” into a “must”. That demonstrates the seriousness of the swift action the Government intend to take with failing schools.
I want to clarify something the Minister said because I do not know if I misheard. In response to my hon. Friend the Member for Hove, the Minister said that it would not be possible for an academy—an individual school—to leave the chain. There is no provision for that. If there were a problem, he would seek to deal with the sponsors. Is he saying that schools are locked in in perpetuity under this arrangement? Is that what we are legislating for?
No. There are many examples where the Secretary of State has removed academies from chains. For example, the E-ACT and AET chains have both had their academy rebrokered into other academy chains. There is scope for doing that. I am talking about the provisions about leaving a federation that do not apply to academies leaving an academy chain.
I want to pursue this, because I wonder whether this is really where the Minister wants to end up. What would happen if a school was locked into a particular sponsor chain, but all the surrounding schools were locked into another, possibly because they academised later? If the rationale for the school leaving and joining the second chain were that it would lead to a more efficient distribution of the service in the area, is the Minister saying that that would not be permitted?
One of the things that my noble Friend Lord Nash has done is to ensure that academy chains and groups, as they grow, evolve around geographical clusters. That does not mean a geographical monopoly with all schools in one chain. That would not be desirable, but nor would it be desirable for an academy chain to be dispersed throughout the United Kingdom, which would make the practical issues of travel and efficiency very difficult.
Altering clause 7, as amendment 40 proposes, would have the effect that the Secretary of State does not have to make an academy order when a school is found to be “inadequate”, which would create unnecessary delays and uncertainty. We all have a responsibility to ensure that failing schools improve as quickly as possible.
Amendment 46 seeks to prevent clause 7 from applying to schools that are judged “inadequate” by Ofsted before January 2016. As I have just said, we think it is wrong for a child to spend time in any school that is failing to provide the level of education that all children deserve. We want to raise standards swiftly across the board, which means turning around all failing schools with the same urgency. We would not achieve that by applying an arbitrary date for the new power granted by clause 7, as proposed by the amendment. A school judged “inadequate” is failing, regardless of whether the judgment was made before or after 1 January 2016. After the Bill receives Royal Assent and the provision is commenced, proposed new section 4(A1) will apply to all schools judged “inadequate” by Ofsted at that point.
Amendment 42 seeks to prevent the Secretary of State’s duty to make an academy order from applying to maintained nursery schools and pupil referral units. All children are entitled to a good education, regardless of their circumstances, and that includes children in pupil referral units. We are committed to taking swift action where that is not happening. As with maintained schools, the Secretary of State can impose an interim executive board to replace the management of a pupil referral unit that has been rated “inadequate” or a pupil referral unit that the Secretary of State is satisfied is underperforming.
The Secretary of State also has the power to make an academy order in relation to a pupil referral unit judged by Ofsted to be “inadequate”. If a pupil referral unit is failing and is not viable, the Secretary of State also has the power to direct the local authority to close it. When that happens, the local authority must provide the Secretary of State with information about the arrangements it is making to ensure pupils receive suitable education. There are already many “good” or “outstanding” alternative provision academies. For instance, there is the Bridge alternative provision academy, which was rated “outstanding” by Ofsted in May 2013. It has gained national prominence, and is frequently visited by representatives of other schools and local authorities to see what lies behind its success. At present, clause 7 does not apply to pupil referral units. The Secretary of State will therefore not be under a duty to make an academy order for any PRU that is rated “inadequate”. It will be possible, however, to apply such a provision through regulations in the future if the Government wish. We therefore do not want to exclude the possibility of doing so now, so we are able to consider whether we want to take that approach with pupil referral units.
The amendment also seeks to confirm whether clause 7 applies to maintained nursery schools. I can confirm that it does not. Current legislation does not allow maintained nursery schools to become academies, and the Secretary of State cannot make an academy order for such provision. That is because maintained nursery schools do not fall within the definition of maintained schools for the purposes of the Academies Act 2010.
Amendment 45 proposes that before we make an order commencing proposed new section 4(A1), the Government must publish an independent report demonstrating the improvement of academised schools. Under section 11 of the Academies Act 2010, the Government are already required to publish an annual report on the performance of academies. The latest report, focused on the 2013-14 academic year, was published on 30 June 2015 and sets out many examples of the progress made by academies. At Wyndham Primary Academy in Derby, for example, which is sponsored by the Spencer Academies Trust, after just two years, 90% of pupils are achieving the expected level in reading, writing and mathematics—up from 64% at its predecessor school.
Making an academy order enables us to move quickly to replace poor leadership and governance under the guidance of an expert sponsor. The last Ofsted annual schools report, published at the end of last year, said:
“Overall, sponsor-led academies have had a positive and sustained impact on attainment in challenging areas”.
Nothing in the Bill removes the requirement under section 11 of the 2010 Act to publish an annual academies report, containing information on the academy performance. I hope that I have satisfied the concerns of the hon. Member for Cardiff West and that he feels able to withdraw his amendment.
Amendment 24, tabled by the hon. Member for Sefton Central, would require the Secretary of State to arrange for an independent assessment of the impact of conversion before issuing an academy order in respect of a school rated “inadequate” by Ofsted. When a school has been found to be failing, the best solution for that school and all its pupils is a fresh start, delivered through an academy solution with an effective sponsor. It is precisely because the Government are committed to securing the highest standards for all children, including those with special educational needs or from disadvantaged backgrounds, that we are introducing the Bill to turn around failing and coasting schools. The amendment would simply add bureaucracy and delay improvements.
Between 2013 and 2014, key stage 2 results for pupils eligible for free school meals in sponsored academies improved at a faster rate than those in local authority schools. The proportion of free school meal pupils achieving level 4 or above in reading, writing and mathematics improved by seven percentage points in sponsored academies, compared with four percentage points in local authority schools.
Will the Minister say why a specific requirement to consider the needs of children with special needs, which I am sure he will concede is the most overlooked group in the education system, before a school changes to an academy would simply be extra bureaucracy or administration? Is he not concerned about that? It is too late to be concerned after it has happened.
Perhaps the Minister looks at different schools from me, but it is perfectly possible to have an effective, highly performing school that has a lousy record on kids with special needs. In fact, some of them are so highly performing that they go to extraordinary lengths to ensure that youngsters with special needs cannot get access. It is not extra bureaucracy to say that this particular category of children deserves a bit more attention.
May I disabuse the hon. Gentleman of that last comment? Academies do play their part in providing for children with special educational needs. Sponsored academies actually have a higher proportion of pupils with special educational needs than the average across all state-funded schools. In January last year, 22.1% of pupils in sponsored secondary academies were identified as having some form of SEN, compared with 17.8% of pupils in all state-funded secondary schools. The figures are similar for primary schools.
I have an awful feeling that, in a little under a decade, we may well find ourselves saying, “We told you so,” as we recognise that the mad rush to academisation at all costs had some downsides that the Minister is blinded to at the moment. However, to return to special educational needs, he said that he is not against analysis but he does not want a proper, thorough assessment because that would be excessively bureaucratic. What will happen to children with education, health and care plans who are currently on the roll of maintained schools? Who will guarantee that the provisions in their plans are carried over in total to the new arrangement?
That is a good point. The law is clear: under part 3 of the Children and Families Act 2014 at section 43, academies are treated as maintained schools and so can be named in a pupil’s education, health and care plan, which means that that school—that includes academies—must take that pupil.
I apologise; perhaps I was not terribly clear. When a child already has an education, health and care plan, the maintained school that they currently attend will be listed. Without excessive bureaucracy, how will that be transferred across? Will we have to modify such plans? Who will be responsible for ensuring that that happens and that the plan is transferred in total to the new arrangements?
That is a technical point. My instinctive answer is that, of course, if an education, health and care plan names a maintained school that converts to be an academy, that plan will apply equally to the successor academy school. However, given the technical nature of that point, I will ensure that I have got my answer correct, so I will come back to the hon. Gentleman.
I hope that I have managed to deal with hon. Members’ concerns and that, on that basis, the hon. Member for Cardiff West will withdraw his amendment.
Surely the question is whether the sponsor identified by the regional commissioner is necessarily the best sponsor. It may be that the people whom the Minister wants to exclude from the consultation have pertinent information. The Government have had to restrict 14 or 15 chains of sponsors from looking after schools. If they had had that information earlier, presumably they would not have got into such a mess in the first place.
Actually, those consultation were taking place, leading up to this point. We are trying to prevent formal consultation from delaying the process of conversion. I will give the hon. Gentleman an egregious example. In May 2012, Roke primary school in Croydon was given a notice to improve by Ofsted. DFE officials began discussions with the local authority and the school about it becoming a sponsored academy. Opponents reacted angrily, describing it as a “hostile takeover”. In April 2013, almost a year later, Ofsted revisited the school and put it into special measures. The move to academy status was heavily opposed, and a “Save Roke” committee was set up. Due to objections from opponents, the academy consultation had to be extended. At one point, the proposed sponsor, Harris Federation, received a batch of 100 questions to answer. A petition of opposition attracted 2,500 signatures, including some from Australia, for some reason.
The school opened as an academy, sponsored by Harris Federation, in September 2013. In summer 2014, its results had improved from 65% of pupils achieving level 4 in the previous year to 94%. In June 2015, Ofsted inspected the school and judged it “outstanding” in all areas. By becoming an academy, Roke truly has been saved, yet we delayed that whole process by at least a year—a year’s lost education for the children in that part of Croydon.
I congratulate the Minister on finding an example to support his argument. If I were the parent of a child who attended one of the schools that was going to be taken over—by, for example, the Djanogly Learning Trust, the Grace Foundation, the Landau Forte Charitable Trust, the Lee Chapel Academy Trust, the South Nottingham College Academy Trust or the Learning Schools Trust—would I not be entitled to say that I thought there was a risk in that trust being allowed to take over the school? The Minister is going to prevent that. In each case, if there had been consultation, the problems would not necessarily have arisen.
Except where underperforming schools have, in the past, been transferred to those trusts, there has been consultation. The hon. Gentleman is presumably asserting that those academy chains are not performing as well as they should. However, the decision about which academy group is responsible for an underperforming school will now be left to the regional schools commissioner, who knows the academy chains and the area and will choose the appropriate chain.
If the issue is time, why does the Minister not create a time limit? Why does he not issue guidance automatically excluding the signatories to a petition from Australia? Why does he not take normal, sensible steps, rather than denying people the right to express a view, and the right to peruse the information? That would deal with the question of time. He is denying people a voice.
We are denying campaigns such as the “Save Roke” committee that call measures to improve a primary school a hostile takeover. Such ideologically-driven campaign groups are interested not in raising the academic standards in schools but in delaying the process. They are ideologically opposed to the concept of academies. My understanding is that the Opposition are not ideologically opposed to the academisation process; so I would expect them to support measures to increase the speed of the process when a school is demonstrably underperforming.
(9 years, 1 month ago)
Public Bill CommitteesI am trying to understand this general truth. An appeals process slows down action in any circumstances, but the purpose of the appeal is that the action might not be appropriate. That is why it is being challenged, so it is funny to use that as a defence.
Yes, but we are not talking about an appeal against a fine or a prison sentence; we are talking about an appeal against a warning notice to a school to require it to improve standards. That is a whole different ball game.
In any case, warning notices have to be reasonable. The Secretary of State will be accountable in Parliament for notices issued by regional schools commissioners. The Association of Directors of Children’s Services has long called for this step to be removed, as has Ofsted, which wants to see the process of warning notices streamlined and to ensure that schools take steps to improve as soon as possible. This is about swift action to ensure that school standards improve.
I sense from the hon. Member for Cardiff West that there is a desire for the debate to be short, and I will try to keep it so. This clause would be fine. The warning notice process is that through which an underperforming school or one with poor leadership or governance, or one where there is a threat to the safety of pupils or staff, is required to make improvements or else become eligible for intervention. The Government recognise that this process can be unwieldy and uncertain. It is dependent on the local authority and potentially on Ofsted, and it imposes on the school an unrealistically short time scale for action. How can a school demonstrate that it has taken meaningful, long-term improvement action in just 15 days? Under this clause the Secretary of State, through the regional schools commissioners, will be able to issue a performance standard and safety warning notice directly to the governing body of an underperforming school without waiting for the local authority to act and without having to direct it to issue a warning notice where it has failed to act. The warning notice process is weak, complex and flawed, and it detracts from the real issue of the school’s underperformance.
There are 28 local authorities which have never issued a warning notice to any of their schools or to an interim executive board. Where action is in fact needed—whether in these authorities or not—it will now be possible for regional schools commissioners to move quickly and directly if a local authority has failed to do so. At this point, the local authority’s power to issue a warning notice to that school will be suspended, to avoid the school being confused or distracted by conflicting notices. The regional schools commissioners would be able to set a realistic timescale for the governors to act. They may still set 15 days, as the law currently stipulates, but they will be free to set a different timescale where appropriate, for example, to allow time for improvements to manifest themselves in exam results. There will be no provisions for a school’s governing body to appeal to Ofsted.
The clause would also remove the redundant power for the Secretary of State to direct the local authority to consider and then to issue a warning notice where it has failed to do so. We would of course still retain the power for local authorities themselves to issue warning notices, which can be effective in encouraging schools to raise standards and deal with poor governance or safety. We would allow them to be flexible in setting timescales for action. We consider that giving an additional power to regional schools commissioners to issue warning notices themselves will be of benefit and remove some delays and complexity in securing vital improvements. These measures go a long way towards ensuring that the warning notice process for underperforming schools is efficient and fit for purpose, and achieves the aim of ensuring that schools make the necessary improvements for the benefit of their pupils or become eligible for intervention. The process would allow schools—for example—to become sponsored academies. I therefore move that the clause stand part of the Bill.
I will be very brief. It seems to me that one of the central parts of the argument about this clause is whether the Minister has succeeded in persuading the Committee that he really has evidence to justify the powers that he seeks to take. Let me preface my remarks by pointing out that I like the Minister. He and I came into the House at the same time. In fact, I can remember tipping him in a poll of new Tories to be watched. Let me be clear on what I meant by that—new Tories who might succeed in climbing up the ministerial ladder, not slippery characters we needed to keep an eye on.
I should take advantage of this opportunity to clarify something raised earlier. I asked the Minister if he could cite some examples of local authorities being obstructive and say why he needed new powers. The Minister cited the example of local authorities seeking judicial review and went on to comment specifically on Coventry City Council and Henley Green primary school. I am sure the Minister did not want to mislead the Committee on this matter, but it is worth pointing out that at that time, Henley Green primary school was not in special measures. It was not a failing school. In fact, it was a school that had just received a “satisfactory” Ofsted report and some excellent comments in particular categories. What had happened was that its SATs results were way below the Government minimum. As a consequence, the Government decided that it should be part of a forced academisation programme. Before that, there had been no examples of the Government forcing a school to become an academy unless it was in special measures or had failed Ofsted before.
Coventry council objected because it said that the Secretary of State did not have the power in law to force academisation in these circumstances. It pointed out that it had already met voluntarily with the head of the school and had agreed an action programme in which Frederick Bird school would buddy the school to improve the situation. It was extremely successful. Within a few months, the SATs results had moved beyond the minimum standards, and in English and Maths had risen by more than 20%. So successful was the programme that the Government decided not to challenge Coventry’s decision, acknowledged that they were wrong and backed down. So it would not be right for the Minister to pray in aid this example of a council being obstructive to defend his position. This was an example of a council taking a very sensible course of action that led to the right outcome. It was a council quite legitimately seeking to test whether the Secretary of State was exceeding his lawful duties. I do not think it was the Minister’s intention to mislead us, but as this is such a central part of the argument about this clause, it is only fair that the Committee should have a much fuller picture.
Amendments 31 and 32 both relate to clause 4. As the hon. Gentleman explained, they raise the issue of consultation in decisions about the future of the school, specifically relating to the new power that clause 4 gives to the Secretary of State. This is an identical power to that which local authorities already have. He might call that cut and paste, but it is about replicating those powers to require a governing body to enter into arrangements with a view to securing improvement in the school’s performance, and giving them to the regional schools commissioners.
Clause 4 would give the Secretary of State the same power that local authorities already have to require a school’s governing body to take action to improve their performance. It would give regional schools commissioners the power to require a school to take certain measures rather than having to rely on the local authority to use its power. This would only apply to schools that were already eligible for intervention. Regional schools commissioners could require a school to contract with another party—for example, the governing body of another school—to provide advisory services, to collaborate with a maintained school or further education college, or to federate with another maintained school or schools.
Clause 4 includes requirements for regional schools commissioners to consult prior to using this power. This is a different position from that in clause 7, which makes it clear that for all failing schools an academy order must be made in respect of that school. In those circumstances, there would be no further debate about what must happen to failing schools, to ensure that action can be taken from day one. For schools that have become eligible for intervention other than by being found to be inadequate, it is appropriate to give the governing body the opportunity to respond and take action before intervening. That is why there are provisions in the Bill for consultation, such as in proposed new section 66A inserted by clause 4, which states:
“(2) Before exercising the power conferred by subsection (1), the Secretary of State must consult—
(a) the governing body of the school,
(b) in the case of a foundation or voluntary school which is a Church of England school or a Roman Catholic Church school, the appropriate diocesan authority, and
(c) in the case of any other foundation or voluntary school, the person or persons by whom the foundation governors are appointed.”
So there will be consultation with those bodies.
Does the Minister think that he is missing the point here? He is listing who will be consulted but those who will not be consulted are the headteacher, the staff, the parents and the local community. Is he not destroying any concept of a partnership in education?
(9 years, 1 month ago)
Public Bill CommitteesIf the Minister does not have examples of local authorities that have been obstructive, will he give examples of situations where he would have liked to issue an order but could not do so, because of the difficulty and complexity involved?
I am sure there are plenty of examples of underperforming schools where this provision would have been helpful. We are trying to avoid the situation in schools such as Downhills, where assiduous campaigning prevented standards from being improved and tried to prevent academisation. As a consequence of introducing measures, there has been a huge improvement in the quality of education that young people there receive. We are taking these powers to deal with those kinds of issues, to act directly, not indirectly, and ensure that we can take action swiftly.
Let me deal with the amendments. Amendment 14 would amend clause 2 by introducing a minimum compliance period of 15 days for a warning notice. Under current legislation, there is a fixed 15-day period within which governing bodies are required to comply with a warning notice, regardless of why it was issued. This restricts the use of notices in many cases, so it makes sense to give schools more time, in certain circumstances, to bring about the necessary change. In other instances, of course, more urgent action is needed.
Under the changes that the Bill proposes, we will remove the requirement for compliance with a warning notice within 15 days. Regional school commissioners and local authorities will be able to set timescales for compliance on a case by case basis. We expect that flexibility to be supported by local authorities as well as regional school commissioners, given that these changes will undoubtedly make warning notices a more effective tool and therefore more likely to be used.
There is a need for flexibility in setting a compliance period in some cases. Local authorities and regional school commissioners might want to allow more time for improvements to show up—for example, in exam results. That could be when a school was on a downward trajectory but new leadership had been brought in, or where a national leader of education is working with a school. In those cases, regional school commissioners and local authorities would have greater confidence and would want to review the impact before any further action was considered. On the other hand, regional school commissioners or local authorities might in some cases want to set the compliance period at less than 15 days—for example, to address a breakdown in leadership and governance or a threat to the safety of pupils and staff. Here there may well be circumstances where a local authority or a regional schools commissioner cannot wait 15 days to see whether a governing body will act to address an issue. Amendment 14 would take away the flexibility for regional school commissioners or local authorities to act swiftly in some of the most urgent cases.
I am pleased to have elicited that response. We do need to work together to ensure that there are high standards for all our young people in our schools.
In his careful scrutiny of the clause, the hon. Gentleman raised the question of cases in which there has been obstruction by local authorities. There have been very few cases, as we have issued only four notices. In the case of Henry Green school in Coventry, we directed the local authority to give a warning notice. Not only did it refuse, but it launched a judicial review against the direction from the Secretary of State. Over time, the school’s results improved, so we agreed not to continue with that direction. However, we maintain that the action was lawful and justified at the time. It is a relief that the school’s standards improved as a consequence of what happened.
The process has been cumbersome. We have first to direct a local authority to consider issuing a warning notice. We can direct the local authority only when it refuses, so that is a step that delays matters. The local authority is then responsible for judging whether the school has complied with the warning notice, even when it has been directed to do so by the Secretary of State.
I recall the Minister’s colleague last week extolling the virtues of judicial review. Is the Minister seriously saying that if an authority decides to seek a judicial review, that is evidence of the authority being obstructive?
Of course judicial review is a perfectly valid and reasonable system to check the actions of the Executive, but it seems odd to use that power when action is being taken to try to improve standards in a primary school.
I want to address the issue about capacity. In the previous Parliament, 1,100 schools became sponsored academies, which is one of the reasons why 1 million more pupils are in good and outstanding schools today than was the case were in 2010. The fact that we have already issued 107 warning notices to academies demonstrates that regional schools commissioners have the capacity to tackle underperformance. They are advised by bodies made up of heads from their areas. Advisory bodies are attached to all the regional schools commissioners. The commissioners have the discretion to decide whether a warning notice is required and they draw on the knowledge of their headteacher board.
Well, no. In normal circumstances, if a local authority is concerned about the standards in a particular school in its area, it can issue a warning notice under section 60. If this Bill goes through, we will have made that easier because there will be no appeal to the chief inspector. The regional schools commissioners will only intervene in those circumstances if they are unhappy about the quality of the warning notice and the action that has been recommended and demanded by the local authority. In most cases where a local authority is issuing a warning notice—and unfortunately there are 51 local authorities that have never done so since the power to issue warning notices was introduced—if the regional schools commissioner is unhappy, then they will intervene. If they are happy with what is happening, they will not intervene: they will be happy that the local authority is taking the necessary action to deal with an underperforming school.
I notice that this is the third or fourth time that the Minister has cited the example of 51 local authorities not issuing warning notices, in order to persuade the Committee that there is a problem here. Would he concede that in those 51 authorities there have been many negotiated action plans which have resulted in satisfactory outcomes, and therefore there has been no need for warning notices?
That is an assertion that the hon. Gentleman is making. What I do know is that in a number of local authorities, the overall level of educational attainment and progress is significantly lower in those local authorities than it is in others. That is the problem that we are seeking to address.
I return to the amendments tabled by the hon. Member for Cardiff West. The changes to clause 2 would mean that regional schools commissioners could begin to tackle underperformance or serious concerns about the issue of management or tackle issues that relate to safety swiftly, without having to rely on the local authority to act. That also means that regional schools commissioners would be able to act without having to go through the complex process of directing the local authority to consider and then to issue a notice. These processes have such uncertain outcomes that they have been used on just four occasions, as we have debated in the last group, with little success in driving improvements or bringing schools into eligibility for intervention where necessary.
Amendments 16 and 17 seek to ensure that teachers’ pay and conditions warning notices are unaffected by the changes we wish to make to the performance standards and safety warning notices. The amendments proposed say expressly that a pay and conditions warning notice already in force would remain in force despite the regional schools commissioner having issued a performance standards and safety warning notice.
The amendments also propose that a local authority that is prevented from giving a performance standards and safety warning notice by virtue of the RSC having issued one, could still give a pay and conditions warning notice. I hope that I can reassure Opposition Members that it is not necessary to make such changes, because the Bill already does what the amendments purport to do. The type of warning notice that clause 2 applies to is clearly identified in the first sentence of clause 2, which says:
“The Education and Inspections Act 2006 is amended as follows”.
It talks about the performance standards and safety warning notice in the next subsection. Nothing in the Bill therefore removes the effect of a previously issued teachers’ pay and conditions warning notice, nor does it stop a local authority from subsequently issuing one, even where the regional schools commissioner goes on to give a performance standards and safety warning notice to the school. They are separate issues under separate sections of the 2006 Act.
Turning to amendment 18, I believe that the hon. Members for Cardiff West and for Birmingham, Selly Oak, are seeking to ensure that a school is not subject to simultaneous warning notices, which may be conflicting and will certainly be confusing. I understand that intention, which is why the Bill already proposes to suspend a local authority’s power to give a school a warning notice where the RSC, the regional schools commissioner, has notified the local authority that it has given such a notice. However, the Bill does not propose to provide for a corresponding suspension of the regional schools commissioner’s new powers, as drafted in the Bill, to give a warning notice where a local authority has already given one, as amendment 18 proposes. That is because the new power for the regional schools commissioners to act and give warning themselves is intended for where local authorities have failed to act, or there are delays putting at risk plans for swift school improvements.
We want local authorities to be able to continue to give their own warning notices and to do so effectively. If they did so effectively, there would be no reason for the regional schools commissioners to take action themselves and no need to prevent them from doing so. But recent experience shows that there are too many examples where local authorities have been too reticent to issue warning notices. I cited the 51 local authorities, but there are 28 local authorities that have never issued a warning notice or installed an interim executive board.
(9 years, 2 months ago)
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It is a pleasure to serve under your chairmanship, Mr Walker. I will try to squeeze my remarks into the remaining time.
I congratulate my hon. Friend the Member for Ribble Valley (Mr Evans) on securing the debate and on his excellent and compelling opening speech. He is a strong advocate for his constituency on a range of issues, and this is another example of that advocacy. I also congratulate my hon. Friend the Member for Rugby (Mark Pawsey) and the hon. Member for Glasgow Central (Alison Thewliss) on their contributions, in which they cited their own constituency issues.
The hon. Member for Birmingham, Selly Oak (Steve McCabe) was unwise to talk about school places planning, given that the previous Labour Government eliminated 200,000 primary school places when it was absolutely clear that the birth rate was increasing. One of the first things that the coalition Government had to do was to double the spending on creating new school places at a time of enormous constraint on the public finances. Over that period, we have spent several billion pounds on providing more school places to make up for the backlog that we inherited in 2010.
In case the Minister misunderstood me, I point out that I am not disputing whether the Government are creating more places; I am talking about the problem that they are creating by giving us over-capacity in one area and insufficient places where children are living. That is the difficulty; it is about the planning, not the number.
But of course the planning is easier if we do not have to catch up on a huge deficit in school places.
My hon. Friend the Member for Ribble Valley has consistently championed the practical importance of school transport to children and their parents in his constituency. Where schools are beyond reasonable walking distance, parents should be entitled to expect the local authority to support transport arrangements. That rightly remains a statutory duty on local authorities. This afternoon, my hon. Friend has highlighted the impact of local authorities’ decisions, in the context of a tight fiscal position, to consider the availability of transport to schools that are the parents’ first choice but that the local authority deems are not the nearest suitable school.
The Government are committed to securing a good school place for every child. Today, more than 1 million more children attend good or outstanding schools than in 2010, and 260 new free schools set up by local charities, trusts and groups of parents are offering education that meets the needs of their communities. Additionally, in the previous Parliament, the Government spent more than £5 billion in funding local authorities to create new school places, and we have announced a further £3.6 billion over the next three years. The sponsored academies programme has turned around 1,154 underperforming schools over the past five years, ensuring that more pupils benefit from the highest standards of education.
Parents make few choices for their child that are more important than the choice of which school they attend and, thanks to our reforms, in many cases it will increasingly be the nearest and most conveniently located school. Some parents, however, might decide that their child’s education would best be served by attending a school further away from home because the performance of the nearest school is not yet good enough or because of considerations about a school’s specialism, ethos, faith status—my hon. Friend alluded to that—or, in some areas, whether it is academically selective, as mentioned by my hon. Friend the Member for Rugby.
Local authorities have a statutory duty to provide free transport for pupils in compulsory education at their nearest suitable school if it is beyond the statutory walking distances. Those thresholds, as has been said, are 2 miles for children under the age of eight and 3 miles for those aged eight and above. Under the universal statutory duty, “suitable school” is taken to mean the nearest qualifying school with places available that provides education appropriate to the child’s age, ability and aptitude. If a child has passed a grammar school entry test, for example, the local authority would not necessarily deem other, nearer schools unsuitable.
All local authorities have an additional duty to enable children from low-income family backgrounds to access a wider range of schools, including faith schools. That duty is known as “extended rights” and attracts national funding worth almost £20 million in this financial year. The extended rights policy helps children from low-income groups for whom a lack of affordable transport might act as a barrier to choice, thus enabling some of the most disadvantaged pupils to secure fair access to a wider range of schools. Children are eligible for extended rights if they are entitled to free school meals or if their parents are in receipt of maximum working tax credit. Where those criteria apply, pupils are given additional financial support towards school transport.
The policy amends the statutory walking distances, so that local authorities must provide free transport for such pupils where the nearest suitable school is beyond 2 miles if the pupil is over the age of eight but below the age 11; beyond 2 miles but within 6 miles for pupils aged 11 or over and there are not more than three suitable nearer schools; or beyond 2 miles but within 15 miles for pupils aged 11 or over who are attending the nearest suitable school on the grounds of religion or belief. As my hon. Friend the Member for Ribble Valley said, the policy does not apply to children whose parents do not qualify for extended rights. Although parents do not enjoy a specific right to have their children educated at a school with a religious character or at a secular school, or to have transport arrangements made by their local authority to and from such a school, the extended rights policy includes the nearest suitable school on the grounds of religion or belief up to 15 miles, as there are often fewer faith schools within a reasonable distance. Even if children do not have a statutory entitlement to free home-to-school transport, local authorities have a discretionary power to provide free or assisted transport if they believe it necessary and local funding is available.
Lancashire County Council has historically provided free home-to-school transport to catchment area schools in Ribble Valley, regardless of whether they are the nearest school. Nationally, expenditure on home-to-school transport currently totals some £1 billion, and approximately £600 million of that is spent on transport for pupils with special educational needs. The total figure has remained broadly consistent over the past three financial years, although the proportion allocated to special educational needs transport shows a gradual increase over that period.
Lancashire County Council’s total expenditure on home-to-school transport has remained broadly consistent with the slight reduction in the amount spent on special educational needs over the three-year period. I understand that from September 2015, as my hon. Friend has explained, Lancashire County Council will introduce a package of measures to reduce its home-to-school travel costs, one of which is to remove the county-wide discretion to pay travelling expenses to catchment area schools when there is a nearer school. For new pupils starting this September, the local authority will fund transport only to the nearest school. Those changes are being phased in, and a child who started at a school under one set of arrangements will continue under those arrangements. For some parents who wish to send their child to a religiously designated school, their chosen school may not be their nearest. In that case, Lancashire County Council requires parents to contribute towards the overall cost of transport.
Where possible, I urge local authorities, including Lancashire County Council, to consider preserving discretionary school transport support for disadvantaged pupils and to consult widely about any plans to change arrangements. Good practice suggests that when parents are asked to pay all or some of the costs of non-statutory transport provision, low-income families who are not eligible for the extended rights should not have to pay. That is good practice, although it is not compulsory under law.
My hon. Friend asked about schools that back on to each other, citing the example of the Catholic school along a ginnel—I think that was the word he used—from the school whose students were entitled to free school transport. I urge the local authority to be reasonable and consider the issue in the context that my hon. Friend so ably explained. I make the same point to my hon. Friend the Member for Rugby about the example that he cited from Binley Woods, with the Lawrence Sheriff school and the grammar school under Warwickshire County Council. I know that he has responded to the consultation, which is ongoing.
The Government encourage more pupils to cycle or walk to school, particularly in urban areas. We have set an ambition to increase the percentage of schoolchildren aged five to 10 who walk to school to 55% by 2025, and we have made a long-term funding commitment of more than £400 million for cycling and walking available to every local authority in the country until 2021. To cite one example, Darlington Borough Council has encouraged a shift away from cars to more sustainable methods under the brand Local Motion. Central Government have provided funding for the project since 2011. It ensures that schools, young people and their families receive relevant information to enable them to choose sustainable travel options to get to and from school. As a result, the cycling rate among secondary school pupils in that local authority area has increased from 1% to 7%.
I am interested in what the Minister is describing. Am I right in thinking that local authorities are not obliged to tie that funding to travel to school plans and that some local authorities can choose to spend it in other ways? If so, would it not make more sense to require them specifically to take the travel to school issue into account when spending the money?
We believe in local discretion. My hon. Friend the Member for Ribble Valley argued that we should remove that discretion and the hon. Gentleman is hinting that he would like to remove some of it, but the Government’s philosophy has been that local authorities should have discretion to spend that money as they see fit, to respond to local circumstances. That has been the policy for many years. We believe that they are best placed to determine how resources should be used in the areas that they serve and to balance the demands of a broad range of discretionary travel against their budget priorities. If we were to remove this discretion from local authorities’ responsibilities, it would hugely increase the number of eligible children at a substantial cost to the taxpayer. Therefore, it is much more practical and helpful to allow local authorities to continue to make these important decisions locally, but they still need to make the right decisions locally.
Many authorities are doing some very good work, for example, by encouraging schools to collaborate with one another and to use some of their own resources to fund transport. For instance, many academies are collaborating with other stakeholders and providers to offer discretionary transport to their schools. Hertfordshire, for example, will save between £5 million and £6 million per annum as a result of schools doing that. From September 2012 onwards, that local authority has only provided statutory home-to-school transport. It wanted to build capacity locally to encourage schools, community groups and commercial operators to provide home-to-school transport, and from September 2013 onwards, 130 routes to schools have operated without a financial subsidy from the council. So creative ways to provide transport are being used by innovative local authorities around the country. I urge both Warwickshire County Council and Lancashire County Council to look at such examples and at Darlington Borough Council to see whether they can learn from them.
The Government recognise that rural areas face particular transport difficulties. Therefore, the Department for Transport has provided £7.6 million in funding for 37 schemes to deliver improved local transport in rural and isolated areas. That funding will provide the essential first step for local authorities to implement service integration. People living in those areas will be able to benefit from integrated public transport, and local authorities will work with schools, hospitals and other local organisations to deliver local services more efficiently and at lower cost.
In conclusion, I am grateful to my hon. Friend for raising these important issues on behalf of his constituents. A good local school within easy commuting reach is something that every parent has the right to expect for their child, and even as we continue to reduce the deficit, local authorities will continue to have a duty to provide school transport in many circumstances. And I share his view that discretionary services should be protected, wherever possible.