Baroness Morgan of Drefelin
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(13 years, 10 months ago)
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Baroness Morgan of Drefelin
I cannot help but notice that Members on the coalition government Front Bench have been struggling with the brightness of the light today. I hope that that is because they have seen the light on PSHE.
Lord Greaves
Will the noble Baroness agree that the sun shines on the righteous?
Baroness Morgan of Drefelin
Well, I am sure that we are about to find out the truth of that. I do not want to keep the Committee any longer because I know that we have a great deal of work to do today. However, I want to support my noble friends Lady Gould and Lady Massey. Both have made strong and impassioned contributions—I do not want to rehearse their strong arguments—as have my noble friends Lord Howarth and Lord Layard. I was also interested in the remarks of the noble Baroness, Lady Williams, who, as ever, spoke wisely on these matters, and in the remarks of the noble Baroness, Lady Walmsley.
We have debated these matters hotly at times; we certainly did so during the wash-up, when I think that things got a bit frayed. It is fair to say that what happened was not vague—the then Conservative Opposition opposed the measures in the Children, Schools and Families Bill to include PSHE following all the consultation and discussions with the faith groups, parents and specialists involved. I therefore hope that, with the confidence that the Conservative Party has in government, it will be able to think again. I hope that this is not a party-political issue, but one on which we can come together for the benefit of children currently going through the education system and more widely for our community. I hope that my noble friends will accept my support for their amendment.
The Parliamentary Under-Secretary of State for Schools (Lord Hill of Oareford)
My Lords, I thank the noble Baroness, Lady Massey, for moving the amendment and giving us the opportunity to have this debate. The noble Lord, Lord Northbourne, said that there had been a history of a battle in this House. However, one of the advantages about my being the new boy is that I do not yet have all those scars and am not approaching this issue as a battle. I am seeking to approach it as I do other issues, by listening to the arguments. I have heard a number of forceful and persuasive points made today.
Perhaps I can give my noble friend Lady Walmsley some reassurance. These certainly are important matters and strong views are held on both sides. Perhaps properly they will form part of a much bigger debate that I recognise we need to have as part of the broader curriculum review to which my noble friend Lady Walmsley referred. We will need to discuss all these issues—whether we need to or not, we clearly will do so—as they will be part of the legislation later in the year. There will be a proper opportunity to discuss this issue fully and at length and there will be opportunities for noble Lords to—
Baroness Morgan of Drefelin
Will the Minister give us a clear timetable before Report on how these deliberations will go forward? Who will be consulted and how will the practicalities of the discussions work?
Lord Hill of Oareford
I am not sure that I am able to give a very clear timetable. As part of the discussions that we need to have on the curriculum review, we need to decide how the experience and views of Members of this House can be fed in. I am happy to come back to the noble Baroness on that point. We need to work out how to do this. We have heard that there are issues to do with content as well as principle and I recognise that we will return to the matter.
I am also struck, from listening to the debate, how far sex education at school has moved on since I was at school, when I seem to remember that I had a drawing of a hen and an egg and that was it. There has clearly been some progress since then.
On the more specific and narrower point to do with academies, which is what this debate and the amendment are about, the independent schools’ standards regulations require all independent schools, including academies, to have a curriculum that includes personal, social and health education that reflects the school’s aims and ethos. Those regulations require the schools to prepare pupils adequately for the opportunities, responsibilities and experiences of adult life. That is important and those regulations are in place. We recognise the importance of this area to parents and pupils and believe that that is sufficient for academies to deliver an appropriate PSHE curriculum. We know that many academies already see that area as key to engaging pupils.
Amendment 70 would have the effect, which may or may not have been intended, of removing any right of parental withdrawal from sex and relationship education. I know that there is a range of views on that. The noble Lord, Lord Howarth, expressed one set of views; I know that others will have equally strong views that parents should have the right to withdraw their children. I do not believe that creating a difference between the maintained and the academies sector by removing a right of withdrawal is justified and I am not sure that the noble Lord intended it. In any case, I hope that noble Lords will accept my reassurance that these important issues will be returned to as we think about the curriculum review more generally and that they will feel able not to press their amendments.
“( ) the school, if it was a selective school on conversion, has a roll no larger than it was at conversion date;”
Baroness Morgan of Drefelin
My Lords, these are probing amendments with which I hope to learn a great deal from the Minister about the Government’s intentions with regard to selection. We probably all agree that selection is a major issue in any consideration of educational matters, and I am sure the Bill will be no exception. However, the idea of a selective academy is a perversion of Labour’s view of the future of the academy scheme.
As we have already heard, the previous Government used the academy system as a means of helping struggling schools to turn round the life chances of the hardest to teach, which often meant entering an area where a local authority had let down the children it was there to serve. We gave these schools new leadership, outside expertise and relieved them from many of the requirements to co-operate as part of the local family of schools because of the challenges and experiences that those schools had undergone.
I want to learn about what the coalition Government now propose. In effect, they are saying to schools which select a small minority of the top-scoring children at 11, “Take a share of the money that the local area has been allocated to support the most vulnerable, and outbid other local schools for the best teaching staff using that same money”. Is that really what the coalition Government want to say to schools? By definition, the schools with these advantages will be less likely to need support with issues such as special needs. That is what we are looking at.
Amendment 131 seeks to deal with this criticism by insisting on provision for children of all abilities where a selective school becomes an academy. What is more, unamended, the Bill will allow such schools to expand, so we could be talking about a significant expansion of selection. The Minister has indicated that this will not be the case and I should be grateful to hear him say that now. The Prime Minister has made great claims about having changed his party. Change is good and changed it has—I am sure many would say for the better—but, despite those claims, the Conservative Party has been forced—I remain to be convinced otherwise—to introduce this Trojan horse of more selective schools. We know that Conservative MPs want some red meat on selection, but the Government risk showing that they are prepared to bargain away the aspirations of the majority in return for the acquiescence of Back-Benchers in another place. The Minister shakes his head. I look forward to hearing his response and to being reassured and convinced otherwise.
Amendment 59 seeks to remove this aspect of the Bill by preventing academy schools selecting. I admit that it is a blunt instrument—I said at the start that this is a probing amendment at this stage—but it would be, by far and away, the most satisfactory outcome.
Amendments 40A to 40F seek to deal with the second criticism: that the balance between selective and non-selective schools could be disrupted, without any community consultation, by schools converting to academy status and then expanding whether through different age groups or intake.
Lord Bates
Can the noble Baroness confirm that selection was included in the concept of academies introduced by her Government; that you could select 10 per cent on the basis of the specialism of the academy? That was in the Education Acts of 2006 and 2002.
Baroness Morgan of Drefelin
My Lords, the noble Lord is referring to the 10 per cent based on aptitude, which is a different paradigm—I am not sure whether that is the right word. These are probing amendments and I want to hear what the coalition Government’s intentions are on selection. I am sure that we will all be interested to know.
As with the discussion on the admissions code earlier in Committee, Amendments 130 and 183 will reassure those who are concerned that schools could convert under existing admissions procedures—which may erode over time—with no statutory safeguard against it. Many people outside the Chamber are asking these questions. The amendments would ensure that, in future, no non-selective school could use academy status to become selective.
Indeed, others have expressed this concern from another perspective. The Guardian newspaper reported the views of the National Grammar Schools Association. It stated in regard to academies:
“There may be other covert dangers and, until everything is made clear in the area of legislation and elsewhere, we strongly recommend extreme caution. If necessary, please seek advice from the NGSA before making decisions that may later threaten your school”.
The head of the NGSA said he was concerned that if a grammar school became an academy, it could then be run by a small group of people who might decide to change the admissions procedure. The article continued:
“‘What is the protection for the parents?’, he asked. ‘Does there have to be a ballot? Does it become an all-ability intake?’”
The National Grammar Schools Association is unclear about the coalition Government’s intentions. I should be extremely grateful if the Minister could set out, with great clarity, their vision for the future of selection in academies.
Lord Phillips of Sudbury
My Lords, I shall speak to Amendments 43 and 46. I can address them briefly because I agree overwhelmingly with what the noble Baroness, Lady Morgan of Drefelin, has said. It is recognised that in part of the coalition at least—I hope in the whole of the coalition—there is a quiet passion to ensure that the extension of the academy principle, which is strongly supported all around the House, should not inadvertently become a cause of further problems for the least privileged part of our secondary education system. As the noble Baroness said, all the amendments, including mine, are designed to obtain from the Minister a “battened down” statement, if you like, that will allay these anxieties.
On Amendment 43, and wearing my lawyer’s hat, a characteristic in subsection (1)(6)(c) is that,
“the school provides education for pupils of different abilities”.
A lawyer could make hay with “different abilities”. It could be that a school would satisfy this test if in future it was going to select the top 10 per cent and the second top 10 per cent. They would be of “different abilities”. It could pass the test if it were to select the top 5 per cent and those with tap-dancing abilities. Those would be “different abilities”. I caricature my point to make it, but I look forward to hearing what the Minister has to say.
Lord Hill of Oareford
My Lords, I hope that I can provide the reassurance that my noble friend Lord Phillips and the noble Baroness, Lady Morgan, asked for.
However, before I try to do so, I would like to pick up on the noble Baroness’s use of the word “perversion”, which I know is a word that has been used before in the context of the development of this policy. “Perversion” is a strong word with a particular weight, and I make the point that I have made before: it was clear from the 2005 White Paper, produced by the Government of whom she was a member, that it was an aspiration that the academies programme would be rolled out far further, and the then Prime Minister was looking forward to the time when all schools would be able to opt out of local authority control. So to caricature our proposals as a perversion is a slightly strong use of language.
I come to the heart of the noble Baroness’s question. The Bill does not allow for any increase in selection by ability in the state-funded sector. That said, we think that the freedoms that academy status can bring should be applied to all groups of schools and not denied to any in particular. We do not believe that they should be restricted to failing maintained schools; instead, we should extend that more broadly.
Amendment 40A seeks to make it a characteristic of an academy that was formerly a selective school that it does not expand following conversion to academy status. As the noble Baroness has set out, Amendments 40B to 40F seek to place a limit so that they cannot expand their role beyond a particular percentage.
The Bill contains provisions that allow selective maintained schools to retain academic selection but it does not allow for new selection. If accepted, the amendment would mean that successful grammar schools and successful partially selective schools would not be able to meet local demand for places if they converted to become academies.
With regard to a cap, as things currently stand, maintained grammar and partially selective schools are allowed to publish expansion proposals under Section 18 of the Education and Inspections Act 2006 and the 2007 prescribed alteration regulations. Proposals are needed only if an expansion of over 25 per cent is planned, so any expansion below this level could be achieved through the normal admissions consultation. Provisions within the School Standards and Framework Act 1998 prevent any new selection from being adopted within maintained schools that were not already selective, and those 60 or so partially selective schools are also prevented from increasing the proportion of selective places.
Given that maintained selective schools are currently able to expand up to that point, to prevent them from doing the same thing as academies, as the noble Baroness’s amendments would suggest, would be more restrictive than the current regime within which they operate, and I cannot believe that that was her intention. Consequently, our wish is only to offer similar options on expansion to schools converting to academy status as are currently offered to maintained schools. We are seeking to maintain the status quo in that respect.
Baroness Morgan of Drefelin
It is important for me to understand how the status quo will be measured. How is selection defined? How will the Minister measure if there has been any change, and how will he monitor that? What is his plan to ensure that this is not a Trojan horse, or a back-door route to increasing selection?
Lord Hill of Oareford
I will come on to deal with that, if I may. If it would be helpful, I am happy to set out in writing for the noble Baroness as clearly as I am able what I consider the safeguards to be. I recognise that many people are concerned about this point, and I want to try to nail that down for her.
As would currently be the case with any proposals for expansion of a grammar in the maintained sector, local groups would have to be consulted before any expansion, and that would persist with academies. We will continue to ensure that the proportion of selective places in partially selective academies does not increase.
Amendment 43 would make it a condition of being an academy that it provided for children of all abilities as opposed to children of different abilities, the point that my noble friend Lord Phillips raised.
If we were to accept Amendment 43, I am advised that national testing would be necessary to ensure that academies all had intakes of all abilities across the country and admissions would have to be manipulated to ensure that all abilities were represented. We do not think that that is proportionate; maintained schools are not required to go as far. There will be circumstances where those who apply for admission to a particular academy do not represent all abilities, although they would represent a wide range of different abilities representative of the area.
Amendment 132 would require academies to provide for children of different academic abilities as opposed to children of different abilities. Section 99 of the School Standards and Framework Act 1998 defines “ability” as
“either general ability or ability in any particular subject or subjects”.
It is clear, in our view, that what is meant by “pupils of different abilities” within Clause 1(6) is the meaning that is already established within legislation: pupils with a range of different general abilities or achievements. This interpretation is supported by the relief from this duty in Clause 5(3) for existing grammar schools wishing to convert to become academies. Such a relief would not be necessary if “ability” did not encompass academic ability.
Amendments 46, 59, 131 and 183 would require any existing maintained grammar school or partially selective school to remove its selective admissions arrangements on conversion to academy status. To deny existing selective schools these freedoms, or to require them fundamentally to change their nature before being granted them, seems to be unreasonable.
Amendment 130 seeks to prevent any non-selective school that converts to become an academy from acquiring selective admission arrangements after conversion. On that point, I reassure noble Lords that Clauses 1(6)(c), 5(3) and 5(4) of the Bill prevent academies from selecting by academic ability, except where a maintained school with pre-existing academic selection converts to become an academy.
I should be clear that the only schools that will be able to select by ability are those listed in Clause 5(4). As the schools defined as “selective” within that clause do not include independent schools, any independent schools joining the academies sector will also not be able to select by academic ability.
Lord Hill of Oareford
I understand that miasma of anxiety. I am due to meet my colleague shortly, and perhaps that is another issue that we can add to our list of issues to discuss.
As I said, I think it would be helpful if I set this out clearly in writing; as I go through this, I am conscious that some of it is quite technical. I shall write to the noble Baroness and put copies in the Library, and I hope that will help. In the mean time, in light of the explanation and the reassurance that I have sought to give, I hope that noble Lords will feel able not to press their amendments.
Baroness Morgan of Drefelin
I thank the Minister for his response, and I look forward to receiving a fuller response in writing. I am sure that the letter will also be placed in the Library.
Given the academy provisions that already exist in law, it seems that the only point of bringing forward this Bill is to enable selective academies. I suppose that that is why one might choose to use quite strong terms. Having been a member of a Labour Government who made such a success of academies and having seen the transformation in the education that young people around the country have received, I feel very disappointed that the Government are not only starting with currently outstanding schools but taking the trouble to introduce selection into the academy programme. As I said, however, I look forward to hearing further from the Minister.
The Bill introduces selection, removes consultation and joins the free-school, free-market experiment by introducing a new funding mechanism for academies. I still feel very anxious about what it is trying to do given that, as my noble friend Lord Adonis said at the start of Committee, strong provisions already exist in law. In theory, apart from those provisions, there should not be a great difference—but these are really significant differences. The Minister needs to recognise the strength of feeling about these issues around the country. People have great concern about how we should go forward.
However, I made it clear that these were probing amendments. I look forward to understanding more about the Minister’s intentions. I beg leave to withdraw the amendment.
“( ) the school offers a guarantee of minimum educational standards to pupils and parents (a pupil and parent guarantee) as set out in schedule (Pupil and parent guarantees)”
Baroness Morgan of Drefelin
My Lords, I shall briefly give the coalition Government another opportunity to think again about the events that took place during the wash-up. The Committee will be well aware of the Labour Government’s commitment to deliver for parents and pupils a guarantee around the quality and style of education delivered to them through our schools around the country, so we now turn to the amendments in relation to the pupil-parent guarantee for academies.
Amendments 60A and 170A would restore the guarantees that we on this side of the Committee aimed to provide for pupils and parents. Those guarantees were, sadly, blocked by the Conservative Party during the negotiations between our two parties on the legislation outstanding before Parliament in the run-up to the last election. Those guarantees would have given pupils and parents assurances of a decent education whatever school they attended, so that every local school would be a good school, delivering minimum standards for all.
We set it out in statute that the guarantees should include: catch-up support in the three Rs for primary school pupils or for those starting secondary school who fall behind, which would have included one-to-one tuition and small group work; online information for parents on their child’s behaviour, progress and attainment; a named personal tutor for every secondary school pupil; guarantees on school behaviour through home-school agreements; the right to learn triple sciences at GCSE; a guarantee of regular sport and exercise; and the opportunity for every primary school pupil to learn a musical instrument—on which, if the Minister wants to see that as my contribution toward Amendment 68, then in the interests of time I am happy if he wants to come back to me on musical tuition in his response here.
This is about giving parents and pupils the information and the awareness of what they can expect from their school system, so that no child should miss out and so that every school should be a good school. Now, we have heard a great deal from the coalition Government about the desire to empower parents and to give more power to communities. Of course, we very much want that, so I will be very interested to hear how the noble Lord can build on the work that we did in government to make sure that the best really is on offer for all our children in our schools.
Baroness Walmsley
The noble Baroness invites my noble friend to return to the days of an old new Labour Government; I do not agree with her. Actually, we did not agree with her at the time. We spoke against these pupil-parent guarantees as being motherhood and apple pie without any legal levers at all, so she will not be surprised to learn that we do not support her amendment.
Lord Wallace of Saltaire
My Lords, when my children were at primary school I recall the primary head teacher telling me with great joy one day that there had been a very large package delivered in the school playground. They were not sure where it came from and had asked the police to inspect it. They had indeed blown it up; it was 400 pages of further instructions from the Department for Education. Of course, we agree with many of the aspirations set out in the proposed new schedule but, as the noble Baroness will have heard from behind the Front Bench, we are committed to giving schools more freedoms to get on with the job, with fewer detailed instructions taking less time away from teachers for teaching. What she is suggesting is very much the kind of approach that we want to move away from.
As my noble friend Baroness Walmsley and others have said, writing things down on paper and spending a long time negotiating them does not necessarily make them happen. We therefore share the aspirations but not the method. For most of us on this side of the Committee, part of what was wrong with education policy under the previous Government was the overdetailed instructions and prescriptions to schools, which we all know that teachers grew intensely to dislike. The aim of this Bill and of the Bills which will follow it—a larger Bill is promised for this autumn—is to free teachers to talk with parents and deal with pupils, and not to spend an immense amount of time with pieces of paper and negotiations. I therefore urge the noble Baroness to withdraw her amendment.
Baroness Morgan of Drefelin
My Lords, of course I listened with great interest to the noble Lord’s contribution. The pupil and parent guarantees were actually about empowering parents and pupils so that they can ensure that, in partnership with their schools and their local authority or academy trust, they can get the things that they need for their children. It is about looking at the education service that this country provides from a bottom-up perspective—looking at it from the point of view of the parent and child and of what goes on in the classroom. If we think back to Second Reading, how chastened might the coalition Government perhaps have felt when my noble friend Lady Morris criticised them for focusing so much on structure? Here we have a chance for them, just for a moment, to think about one-to-one tuition, for example. What has happened to one-to-one tuition? We have gone from a situation where the Government were committed to guaranteeing it in statute, with a process through local government—
Baroness Walmsley
Will the noble Baroness be patient until the pupil premium comes along?
Baroness Morgan of Drefelin
I cannot wait for the opportunity to discuss the pupil premium. There we have a real chance to see how the grand words will unfold into real benefits for pupils in schools. That is what I am interested in and what the pupil guarantee was all about. That is what this focus on structure and structural tinkering leaves wanting, which is what I am concerned about. I am very interested to debate how the pupil premium will work. An awful lot rests on what the pupil premium delivers—not just for disadvantaged pupils in this country, but for the coalition Government. I am happy at this stage to withdraw my amendment and I look forward to the debate continuing.
“( ) An Academy must operate in partnership with its local authority, and the maintained schools in that local authority area, on arrangements for the permanent exclusion of pupils.”
Baroness Morgan of Drefelin
My Lords, I will focus now on exclusions, which are always a key issue for schools, as we know. I am sure noble Lords will agree that exclusions by the academies proposed in the Bill will be no exception. There are many reasons why academies are more likely, historically, to exclude a greater proportion of their pupils than other maintained schools, especially in the early years of their creation. Often, when we look at the data on academies, it appears that by definition they result in a higher level of exclusions. However, we should not expect that those challenging schools which convert to academies under the old scheme would not have higher exclusion rates than other schools. That is the situation of the past. The figures show that exclusions tend to rise in the early days but fall as academies become more established. This is an example of how successful academies have been. In part this is because we have insisted—and this is key—that academies participate in local behaviour partnerships.
The then Department for Children, Schools and Families published revised guidance about behaviour and attendance partnerships for schools on 31 March 2010. The main provisions take account of the Apprenticeships, Skills, Children and Learning Act 2009, which makes it a requirement for all maintained secondary schools and academies to co-operate and form behaviour and attendance partnerships to improve behaviour and tackle persistent absence among pupils. That is the present situation. The partnerships must also report annually on their progress to the children’s trust board, which is in flux at the moment. These provisions will, I believe, come into force on 1 September 2010, unless the Minister is going to advise us of a different situation. By working in partnership on such issues, rather than working in isolation, schools could achieve great benefits—the benefits of shared physical and financial resources and people; the joint commissioning of the provision of shared expertise; and the sharing of knowledge of effective practice between schools. Those schools in behaviour partnerships are asked to work together to seek a reduction in differential rates of permanent exclusion or persistent absence of pupils with SEN, pupils from a particular ethnic minority group or pupils who are eligible for free school meals.
Lord Wallace of Saltaire
I am not sure that I can provide an instant answer on that. Particularly in relation to low-incidence disabilities, whether it is to do with deaf or autistic children or those with other needs, a specialist voluntary organisation will often also be doing its best to monitor the situation. Therefore, when I say “following a complaint”, very often the relevant specialist society will be doing its best to support the pupil and will make sure that the YPLA and the local authority are informed and concerned if the need falls short. However, we are looking to develop partnerships among schools. The noble Earl, Lord Listowel, went a good deal wider than this and spoke about young people in care going beyond the education sector to the other local agencies that deal with difficult young people. That is the way in which we have to go forward. On that basis of reassurance, I hope that the noble Baroness will feel able to withdraw her amendment.
Baroness Morgan of Drefelin
My Lords, on this occasion and given the hour, I have set aside my 2,000-word speech. I shall think carefully about what the Minister has said. I, too, was concerned by the contribution of the noble Baroness, Lady Perry, and the idea that we can just leave the matter to trust. We know that, of the academies that exist, a very large number—I do not have the exact number to hand—currently take part in behaviour partnerships and they work. However, it is the ones that do not do so that I am worried about.
I shall read the report of the debate. It has been a good discussion and helpful in clarifying for me the Government’s position. I was concerned to hear the arguments put forward by my noble friend Lady Wilkins and was interested in the noble Lord’s response. However, again, we come down to the academy agreement. When we are talking about a change from the number of academies being in the hundreds to potentially all schools in the country being academies, we have to think much more ambitiously about how we can make these partnerships work.
Baroness Wilkins
Before my noble friend withdraws her amendment, perhaps I may say that I regret that I am not reassured by the Minister’s words. However, I shall read them carefully and should like to consult my advisers. It is essential that the support services are kept together and maintained as a core service, but at the moment it does not sound as though they will be. I shall reflect on this issue.
Baroness Morgan of Drefelin
I was about to say that I am happy to withdraw my amendment.