Academies Bill [HL]

Baroness Walmsley Excerpts

Monday 7th June 2010 Lords Chamber

[Baroness Walmsley]

My Lords, when the academies programme was first introduced to this House by the noble Lord, Lord Adonis, he said that the intention was to tackle underperformance in existing schools. While accepting that conversion to academies was not the only way in which the former Administration tried to tackle failing schools, I would point out that the evidence shows that academy status, as even the Minister accepted, is not a silver bullet. Some existing academies have done very well, but some have not. There has even been one that has returned to the local authority.

This Bill proposes types of academies very different from those which have gone before and few of them will get shiny new buildings like the majority of the existing 200. Since the letters were sent by the Secretary of State to heads, teachers and directors of children’s services—not to governors, noble Lords will notice—there has been both interest and concern. Parents, governors, councillors and officers of local authorities, and those representing the most vulnerable children, have asked many questions. I will comment on some of them in my remarks.

First, noble Lords may remember how we on these Benches—well, not on these Benches as we were over that side of the Chamber at that time, and now, as the noble Lord, Lord Griffiths of Burry Port, said on Thursday, we are travelling steerage—welcomed the power to innovate in relation to the curriculum and asked why all schools could not have it. We asked for the same powers for all schools when the specialist schools came along, and I am pleased to say that that has come to pass. We are not against this sort of freedom at all. We also, of course, welcomed extra spending on deprived children. Who would not?

However, in common with many of those who have expressed their worries over the past few weeks, we have a concern for the most deprived children. If the stated objective of this policy is to improve the education we offer to all children, improve equality and narrow the attainment gap—of course that is the objective—we must scrutinise the mechanisms of this structural change extremely carefully to ensure that such damage is not an unintended consequence of the policy, which is what this House is very good at.

We must look at the evidence of existing academies, since that is the only place we can look at the moment. Unfortunately, some of the evidence underpins the concerns, so we must learn from it. There is evidence that some of the existing academies have been selecting the children and parents, and not the other way around. That makes it easier for the academies to raise their overall exam results. We must ensure that this does not happen with the new tranche of academies. How will the Minister ensure that all the new academies will abide by the local admissions code as we are told that they will be obliged to do? Who will ensure that they do not exclude inconvenient students, thus obliging the local authority and other schools to pick up the pieces? Will he put a duty on the new academies to take children from across the demographic range in the local community? There is evidence that a mixed intake benefits all pupils in a school, so this is good educational practice.

There are serious concerns about the funding of the programme, which my noble friend Lady Sharp has addressed. But I am very concerned that the coalition Government’s promised pupil premium should not be used to top up the payments to the academies or to the local authorities if too much resource is directed towards the academies. The pupil premium is intended to enrich the education of children in all schools who come from deprived backgrounds and therefore need more help to reach their full potential. It should be on top of what is spent otherwise and was never intended to be used to underpin structural change in the school system. Will my noble friend assure me that that will not happen?

No school is obliged to apply for academy status. I would hope that any governing body considering applying should think very carefully about the real advantages of doing so. I would also hope, as advised by the National Governors Association, the Association of School and College Leaders and several of your Lordships today, that it would consult widely with pupils, parents, the local authority and the local community before taking this step, even though the Bill does not oblige it to consult anyone. This is good practice. I would prefer that governors should be obliged to make a positive case for becoming an academy as part of its application, outlining the benefits they foresee for all the children in their neighbourhood. That will take time, but there is no rush for outstanding schools. They are already providing a good education to their local children.

There is evidence that some academies have harmed other neighbourhood schools. Evidence has come from the NUT in the case of Sneyd Community School that the number of free school meals children at Walsall Academy decreased from 51 per cent in 2002 when the school first opened to 11 per cent in 2007, due entirely to selection. In the mean time, the FSM numbers in all the surrounding schools were much higher. The figure for Sneyd rose by 28 per cent in one year alone. This tells us that there must be a mechanism for ensuring that the admissions practices of the new academies do not allow them to unload all the more difficult children on to other schools. The new academies must be measured on how they help to improve the attainment of the most deprived and vulnerable children, not by the way they adjust their intake.

I am comforted by the words that say that schools must provide education for children of different abilities. But this must include the right proportion of children whose attainment to date has been poor. I am also comforted by Clause 1(6)(d), which states that schools should take children mainly from the local area. However, among many of the briefings that we have been sent in preparation for today, Save the Children has pointed out that there may be a problem with this if we want the most deprived children to have access to the best schools, which of course we do.

In the more affluent neighbourhoods, the cost of housing alone makes it impossible for certain children to access the local school. How does the Minister propose to deal with this? Will he consider putting something in the academy order to the effect that an academy must offer a number of places, perhaps by ballot, to children from more deprived areas not in the immediate vicinity of the school but within reach of it, and also to looked-after children, as mentioned by the noble Earl, Lord Listowel, who deserve a place in the best possible school?

I am also concerned about behaviour partnerships and exclusions. In the meeting which the Minister kindly arranged for us last Wednesday, it was mentioned that schools could be freed from certain obligations, such as taking part in the local behaviour partnership. I would be very concerned about that. Setting school against school is a very negative thing to do. There is currently a very healthy culture of collaboration among schools, which I would not want to lose. I welcome the expectation that academies should work with weaker local schools, but that should include managed exclusions.

This brings me to accountability. These schools may be independent, but they will receive millions of pounds of public money to educate our children on our behalf. They must be made accountable in a rigorous and appropriate way. By that, I do not mean simply by looking at their exam results. The Minister and the Secretary of State have mentioned their intention to review the league tables and Ofsted inspections. In a way, this Bill puts the cart before the horse, and I agree with the noble Lord, Lord Sutherland of Houndwood, who suggested exactly that. I would feel more comfortable with the Bill if we had done these other two things properly first. However, we are where we are.

Perhaps I may say something about the curriculum. The Bill states that it must be “balanced and broadly based”. What does that mean? No doubt we will look at this further in Committee, but is there to be a core group of subjects to which all pupils will be entitled? Like the noble Lord, Lord Northbourne, I am concerned about whether this will include PSHE, or education for life, as I like to call it. I do hope so, since all children will have a future life and schools should be obliged to equip young people to make the most of it. What about child protection issues? We hear that Ofsted will concentrate on education, but we know that children do not learn well if they are distressed, threatened, abused in or out of school, or distracted by terrible issues in their home life. In other words, their welfare must be as paramount in schools tomorrow as it is today. Who will ensure that that happens? I am not convinced that Ofsted has ever done this well, so perhaps we now have the opportunity of giving the job to someone who understands the issues better.

I turn briefly to early-years education. Primary schools are to be allowed to become academies. Apart from a few all-through five to 18 schools, until now academies have had little experience of very young children. Of course, primary schools that apply will already have that experience, but how will their new curriculum freedoms link up with their obligation to follow the early-years foundation stage? Many of us think that this stage needs to be revised anyway. Do the Government have any plans to do that? How will the independence of academies impact on the successful integrated model of working with very young children?

I should like to ask about the duties and strategic controls that are to remain with local authorities. How can we sure that they will not be left with weakened levers with which to support non-academy schools? Will academies be expected to co-operate in times of crisis such as those of flood, fire or terrorism? How will the school improvement agenda be affected? Will academies that now become exempt charities still have a duty to provide community use for their facilities? Many local authorities such as Sutton and Richmond, along with other London boroughs, already struggle to find enough places for their own children when others come in from adjoining authorities. How will they be helped with this duty, which they will continue to have if many of the schools in which they currently find places opt out of their control? I agree with the noble Baroness, Lady Morris of Yardley, that local authorities do not run schools now, or control the funding of schools, and yet they provide a valuable safety net and support services which the opting-out schools will have to provide for themselves.

By the way, I would remind my coalition partner Lord Blackwell that two-thirds of our schools are now found by Ofsted to be “good” or “outstanding”, so they should not be penalised. These services are of particular value to small schools, especially primary schools. I hope, therefore, that they will think hard before deciding whether they want or need the freedoms in this Bill. Finally, on that point, I should like to ask the Minister this. If a school wants the same curriculum freedoms as an academy without cutting itself loose from the support of its local authority, would it be able to do so?

[Baroness Royall of Blaisdon]

My Lords, I am delighted to follow the fine speech of the noble Baroness, Lady Walmsley. We have had a full discussion on the Academies Bill, but it is one that leaves serious questions for the Government to answer, and I endorse what several noble Lords, including my noble friend Lord Puttnam, have said. We will need a goodly time in Committee in order for the Government to address all the issues that have been raised—and that is just by the government Benches themselves.

It is a pleasure to work on the first Bill for which the noble Lord, Lord Hill of Oareford, will be responsible, and I, too, congratulate him on his new role and his eloquent and inclusive speech. I pay tribute to the expertise on these issues that so many noble Lords have ably demonstrated and brought to bear on the Bill, and I must apologise for coming to the debate as someone not remotely qualified to be one such expert. However, I do come to it as someone who cares deeply about education. It is the key that unlocks talents and freedoms, enables people to escape poverty and deprivation, and ensures a successful economy and a healthy society. A fair society needs a fair education system. I hear what the noble Lord, Lord Low, said about the challenges that persist, and as the noble Baroness, Lady Murphy, pointed out, we have to ratchet up our efforts. Notwithstanding the mistakes that some would say were made by the previous Government and which were cited by my noble friend Lord Puttnam, I am proud of our record and very proud of the achievements of my noble friend Lord Adonis, who was our pioneer on the academy programme.

However, I would argue that my noble friend’s vision has been corrupted in the current Bill, and I agree with much of what was said by the right reverend Prelate the Bishop of Lincoln. I congratulate the Church of England on the forthcoming 200th anniversary of its provision of education. Like my noble friend, I believe that the Church of England provides an inclusive education, although I have some concerns that were also expressed by the noble Baroness, Lady Murphy, and my noble friend Lady Massey of Darwen, about the inclusiveness of some of our schools. I note, too, the concern around the Chamber about PSHE, and I would certainly like some responses from the noble Lord, Lord Hill, about its provision, which is extremely important.

Like many other noble Lords, I have visited some superb academies which have transformed the achievements, aspirations and lives of their pupils. I have not yet had the pleasure of visiting a Harris academy, but I can see that that is something that I have to do. I certainly congratulate the noble Lord, Lord Harris of Peckham, on all that he has done. Academies have brought in extra money and expertise, and have improved buildings to ensure that the most disadvantaged pupils from the most disadvantaged communities get a better chance. I know that my noble friend Lady Whitaker, who is not in her place today, will be especially vigilant on the importance of design and the built environment, also mentioned by my noble friend Lady Morgan of Huyton.

The noble Lord, Lord James of Blackheath, spoke of the importance of motivation. I believe that good schools, be they academies or community schools, do motivate young people. That is why education and schools are so important. I note the views expressed by my noble friend Lady Howells about cultural differences and the importance of community cohesion. Of course, not all academies have succeeded, but the vast majority are a success story. So we are not opposed to academies. We celebrate their success, and as my noble friend said, we did want to expand their provision to coasting schools. However we are concerned about aspects of the Bill that we believe are, in effect, more of a return to the Conservative Party’s past policy of grant-maintained schools rather than building on our own policy. My noble friend Lady Morris of Yardley was right to point to the excellent work of some community schools but, like all schools, if they are failing they are doing a disservice to pupils and to the community. I shall read very carefully the speech of my noble friend and that of the noble Lord, Lord Bates, in relation to failing schools.

I shall briefly focus on five areas of concern: speed, centralisation, consultation, funding agreements and standards. First, on speed, I share the concern expressed by the noble Baroness, Lady Garden of Frognal, the noble Lord, Lord Turnbull, and others, and I trust that the Minister will pay heed to the “fallacy of composition” which was mentioned by the noble Lord; I like that phrase very much. I understand that any new Government are anxious to make their mark, demonstrate their readiness for action and signal those areas in which they want to make immediate headway. However, we do not need the “quickies” referred to by my noble friend Lord Griffiths; the pace of reform must not have a detrimental effect. The Bill raises so many unanswered questions and precipitates so much change which will have a fundamental impact on our education system, that the pace of reform as currently envisaged could do more harm than good. Indeed, one of the clauses in this short Bill is devoted to “Pre-commencement applications”, and that is testament to the unseemly and unsustainable rush that we are embarked on at present. I also agree with the noble Lord, Lord Phillips of Sudbury, who said that it is a deceptively simple Bill. I believe that it is a complex Bill when you start delving into it.

The Liberal Democrats have always espoused the principle of local empowerment, and the Conservatives are now wedded to the idea of big society. However, as my noble friend Lord Hunt of Kings Heath said in the debate on the loyal Address, while the coalition agreement proclaims radical devolution of power and greater autonomy to councils, the rhetoric and the reality are somewhat different. With this Academies Bill, local authorities will lose powers, lose influence and lose budgetary flexibility. I do not agree with the noble Lord, Lord Lucas, that this is entirely a bottom-up process. It might be a permissive Bill, but rather than the decentralising measure that we are led to believe it is, the Bill gives more power to the centre and more power to the Secretary of State. Only an order from the Secretary of State will be required to sanction a change. Rather than decisions being taken by local people and locally elected representatives who know the schools and the communities that they serve, decisions will ultimately be taken in Whitehall.

The noble Lord, Lord Northbourne, and others mentioned bureaucracy. As the number of academies grows exponentially, as the Government desire, the Secretary of State will have to create a central bureaucracy to deal with the decision-making. So perhaps we will have decentralisation and bureaucracy rather than the decentralisation envisaged. Indeed, the Minister of State for Children and Families, Sarah Teather, is on record as saying that the creation of 200 academies in 2006 would be a,

“thoroughly centralising measure that allows the Government to be the largest maintaining authority and have a veto that will effectively overrule local decision making of the kind of provision that people want”.

If that was the case for 200 academies, how can the creation of 2,000 or more not be an act of centralisation? I would be grateful if the Minister could explain how the Bill fits into the terms of the coalition agreement on the devolution of power and greater autonomy for councils.

[Baroness Walmsley]

I have listened carefully to what the noble Baroness has said. Does she agree that a decision by an individual school and its governors—and, one hopes, the parents whom the school has consulted—to apply to become an academy will be taken at a much more local level than even the local authority? It really is local decision-making.

[Baroness Royall of Blaisdon]

My Lords, that is an interesting question. However, the key issue which the noble Baroness raises is that an application or decision made by a local school should be taken in tandem with the governors, the parents and the pupils. Currently the Bill does not provide for that element of consultation. We must, together, work on that.

I turn to the issue of consultation, which is linked to the role of local councils and the wider community—an issue raised by the noble Lord, Lord Greaves. Under the Bill, the local authority will explicitly not be consulted on applications for schools to become academies; neither will parents nor the teaching and support staff nor the pupils. As other noble Lords have said, the role of parents must not and cannot be underestimated. I was peripherally involved with a proposal for an academy in Gloucester. A consultation was undertaken but parents, governors and pupils did not think that it was as thorough as it should have been. The result was frustration, sadness and ill-feeling—not the best start to the new life of a new school. A good school must have the confidence of the community that it serves. I would suggest that consultation is a prerequisite for confidence.

Many noble Lords and many organisations have raised issues relating to special educational needs, excluded pupils and children in care. They included the noble Earl, Lord Listowel, the noble Lord, Lord Rix, and many others. That leads me to my fourth concern, on funding agreements. Funding agreements must enshrine fairness and cover compliance with SEN legislation and the school admissions code. As the noble Baroness, Lady Walmsley, pointed out, there are problems with the admissions code at the moment. That is why fairness must be enshrined in any new provision.

Several noble Lords spoke of two tiers. The Minister said that the Bill would not create a two-tier system. The noble Lord, Lord Sutherland, said that we do not have a two-tier system now, but a many-tier system. We should not create a situation whereby those schools with the greatest need receive the least resources. That is what we mean when we talk about a two-tier system.

The noble Lord, Lord James, said that we on this side of the House and perhaps others were trying to hold back good schools and excellence. That is not what we are trying to do—we want to ensure fair provision of resources. We want to ensure that special educational needs provision is properly planned, and we do not think that that is the case at the moment. If money that LEAs currently receive for SEN is gradually diminished while schools with the greatest SEN remain as mainstream schools, how will the strategic role of LEAs be maintained and the funding gap plugged? Many noble Lords, including the noble Lord, Lord Baker, rightly said that LEAs play an invaluable role in relation to special educational needs. We must not demonise LEAs, which provide an invaluable function and ensure that many of the duties currently enshrined in legislation are delivered.

I turn finally to standards. The Bill deals with structural change but makes no mention of standards—although the Minister raised the question of standards in his opening speech. That is a further and fundamental difference between our policy for academies and the Bill that we are discussing today. Our programme was to drive up standards for the most disadvantaged pupils. The Bill will do nothing to assist that process. I agree with my noble friend Lady Morgan of Huyton, who said that strong intervention from the centre is necessary to drive forward and maintain high standards.

Most of the current academies which we established are thriving because of the quality of teaching and strong leadership. These factors, as many noble Lords have said, are the most important ones in a good school. There are some superb teachers and leaders in our schools. Under the proposals before the House today, there is a clear danger that teachers from the most challenging schools will be attracted by better conditions to teach in the outstanding schools which become academies, thereby exacerbating the problems in the schools with the most difficulties. I am sure that that is not the Government’s intention, but we must ensure that it does not happen.

Our academies were about improvement for all by means—at least initially—of improvement for the most disadvantaged. The Government’s academies are about improvement for a minority of pupils who are already the most advantaged. As the Sutton Trust said at the weekend, we must provide better education for the many, not the few, and for all children, not just the most privileged. I fundamentally disagree with the view of the noble Lord, Lord Blackwell, about competition in education.

We shall seek in Committee to apply the perspective of the need to ensure a better education for the many. We shall aim to ensure that schools fully and properly reflect the social mix of the communities which they serve; that they fully and properly reflect the views of the local community and the local authority, as well as of parents, staff and governors; and that they fully and properly offer the most opportunity for most pupils. We shall seek to improve the Bill to improve educational standards, educational performance and education for all.