Academies Bill [HL]

Baroness Walmsley Excerpts

Monday 28th June 2010 Lords Chamber

Moved by

[Baroness Walmsley]

76B: Clause 1, page 2, line 13, at end insert—
“( ) Academy arrangements must include terms imposed for the purpose of securing that—
(a) the school’s food policy and catering service promote pupils’ physical and mental health and ability to learn, and(b) all food provided by the school meets the nutrient-based standards for primary and secondary schools currently in place for maintained schools.”

[Baroness Walmsley]

My Lords, I rise to move Amendment 76B, which brings us to a subject that is most appropriate for the slot straight after dinner—school food. The purpose of the amendment is to ensure that pupils in the new academies are entitled to the high standards of school food to which most schools have now risen, with the help of the School Food Trust, the Soil Association and others. We have to thank Jamie Oliver and the previous Government for an enormous increase in the quality and high standards of school food these days. If a great many schools wish to become academies, it is important that we do not lose that benefit for thousands of their pupils. There are now mandatory standards in place for the quality of food served in schools in England. The implementation of food and nutritional standards in primary and secondary schools in 2008, for primaries, and 2009, for secondaries, has seen great improvement in the quality of food served.

There are five good reasons why we need this amendment. First, school food is important for pupils' health and learning. A recent report from Ofsted has confirmed that. Secondly, good quality school food improves children's behaviour and performance. The School Food Trust's School Lunch and Learning Behaviour in Primary Schools research, published in July 2009, shows that children were over three times more likely to concentrate and be alert in the classroom when changes were made to the food and dining room. The School Lunch and Learning Behaviour in Secondary Schools research of July 2009 shows the same benefit for secondary pupils. The School Food Trust research has shown that school meals are now consistently more nutritious than packed lunches. This is of particular concern for children from lower-income families, whose lunches contained more fat, salt and sugar and less fruit and vegetables than children from wealthier backgrounds because, unfortunately, empty calories are cheaper. An affordable school meal service can help to close the gap between rich and poor.

Thirdly, school food is important to help our children maintain a healthy weight and get the nutrients they need to be healthy. School food sets a standard for food quality, encourages healthy eating habits, and raises awareness of the link between diet and health. In England, nearly a quarter of adults and about one in 10 children are now obese, with a further 20 to 25 per cent of children overweight. Research by the Government’s Foresight programme suggests that if current trends continue, some 40 per cent of Britons will be obese by 2025 and, by 2050, Britain could be a mainly obese society. I think that we all know that obesity increases a person’s chances of suffering from many serious health conditions affecting their quality of life and ability to earn.

The fourth reason is that standards at school should set a model for the food outside the school day. A good school meal service can help all children make healthy choices outside school as well as inside it. School cooking and gardening clubs teach healthy eating skills to young people and families to use at home. The skills learnt at cooking clubs increase the intake of nutritionally balanced food, while research from the recent Year of Food and Farming showed that children were more likely to eat fruit and vegetables that they had grown themselves—and so am I.

Fifthly, an Ofsted report just published shows that a good school food policy that promotes a “whole community” approach to food and food culture is as important as a high-quality catering service. It certainly does a whole lot for community cohesion and the enjoyment of our multicultural communities. If academies want to improve their children’s lives and learning, they need to pay attention to their food policy. I beg to move.

[Lord Hunt of Kings Heath]

My Lords, I support this amendment and I certainly think that the issue of helping children to enjoy wholesome, nutritious food in schools is very important. As the noble Baroness has already pointed out, the issue of obesity in young people is a problem that has been growing over a number of years. She mentioned the risk of the potential epidemic in diabetes and, indeed, other health problems. I have a certain degree of interest in this because I launched our Government’s fresh fruit scheme for schools—it seems many years ago now—in Wolverhampton. That scheme has worked well and, as the noble Baroness suggested, we have seen major improvements in the quality of school meals. It is important that this is not dissipated with the development of academies as proposed in the Bill.

I realise that the Minister may argue that the approach taken by the noble Baroness is, in a sense, trying to micromanage schools. Underlying our debates so far on the Bill is the clear tension running through between the desirability to give individual schools as much autonomy as possible and, on the other hand, the recognition that there has to be some kind of national underpinning. The debates on special educational needs and, indeed, our recent debate on exclusions are examples of that. The question before us is whether nutrition ought to be one of those matters where some kind of national leadership or guidance is necessary. I am persuaded that it is. The issue raised by the noble Baroness about the health of our young people is so serious that we have to look to schools to do their bit to help, and the approach that she has taken is one that we could support.

[The Parliamentary Under-Secretary of State for Schools (Lord Hill of Oareford)]

My Lords, before replying specifically on the amendment, perhaps I may make a clarification arising from an earlier debate. Earlier, in the extremely good debate on PSHE, I said that the independent school standards which apply to academies also contained a requirement to teach personal, social and health education. I am afraid that I was misinformed on that point and I apologise to the Committee. It may be helpful if I provide a little clarification. The independent school standards require the promotion of self-knowledge, self-esteem and confidence; enabling pupils to distinguish right from wrong; and encouraging them to take responsibility for their actions and contribute to the community. All academies do, however, have to have regard to the Secretary of State’s guidance on sex and relationships education. I apologise again for that earlier error. We know from that debate that there are important issues to be picked up on PHSE as part of the broader curriculum review, and I look forward to discussing those with noble Lords in due course.

On the specific amendment to do with school food, and full of my bangers and mash from the Home Room, I realise how important an issue this is for schools. I certainly agree with my noble friend about the importance of good diet and physical health—points also made by the noble Lord, Lord Hunt, with his work on promoting fruit. We take this seriously. Schools converting to academies will already have been providing healthy, balanced meals that meet the current nutritional regulatory standards. We have no reason to believe that they will stop doing so on conversion or that new schools will not do so either. I am not aware of any evidence that existing academies feed their pupils less well than a maintained school. We would certainly hope and expect in every way that they would continue to feed them as well. They are under a duty to act reasonably in the interests of all their pupils.

We believe that parents will demand the high standard of food that is increasingly being maintained. I pay tribute to the work that has been done in recent years to improve the quality of school food. I have heard from head teachers about the importance of good diet and how it improves behaviour and learning. We expect that parents will demand that that should continue. As an aside, pupils who currently receive free school meals will continue to receive such meals from academies. That will continue to be a requirement of the funding agreement. While I very much agree with my noble friend about the importance of this, the noble Lord, Lord Hunt, was correct in surmising that we feel that, in this balance between prescription and trust, this does not need to be set out in the legislation, important though it is. I invite my noble friend to withdraw her amendment.

[Baroness Walmsley]

I thank the Minister for his reply and the noble Lord, Lord Hunt, for his support. I am not aware of any evidence that the existing academies feed their children any worse than other schools. I am not suggesting at all that that happens. I am reassured by the Minister pointing out that schools that convert will adhere to the current nutritional standards. He suggests that there is no reason why they should change, but there is pressure to do so—children like to have chips more than once a week. There have been situations where parents were, perhaps unwisely, pushing pork pies through the bars of the school gates when these nutritional standards first came in. There are pressures to change.

I hope that the future of the School Food Trust, which has been so instrumental in improving the quality of school food and the skills of school cooks, can be assured. I understand that money is tight and the coalition Government will be looking for ways to save money, but I hope that a small sum could be found to make sure that the School Food Trust continues to exist. It has done excellent work in transferring best practice and helping to improve the quality of cooking in schools. It is not just cooking but the whole curriculum involvement in the school agenda in relation to food. Its website is wonderful, with many good examples of creative schools, catering managers and cooks sharing their good ideas with each other. It is the School Food Trust that does that. The Soil Association has also done some extremely good work, and I hope it will be able to continue to do so.

The health and weight of children varies enormously from one school to another. I know that what I am going to say is anecdotal. Recently, a young woman did work experience with me. She attends two secondary schools. One of her courses is in one school and the rest are in another. When we discussed this matter, she said, “It really is odd. At my main school, all the children are slim. At the other school I go to for one of my courses, they are all fat”. I asked her whether she had noticed any difference in the provision of food in the two schools and she said that she had not. But she was aware that in her main school where all the children are slim, years ago boxes of crisps used to be piled high. There were vending machines selling every kind of chocolate and fizzy drink that you could wish for, and chips were on the menu every day. All that has been swept away as a result of the new agenda on high nutritional standards in school food. I asked the girl to send me any evidence that she discovered as regards a difference between the approaches to food in the two schools, but I have not received any such evidence. It would be very nice to be able to say that there is a clear reason for the obesity in one school and not in the other, but I do not have that.

There is a lot of evidence that the quality and nutritional standards of food affect children’s behaviour, learning, social skills, cultural awareness and all the rest of the agenda of which we are all very much in favour. I hope that if we cannot ensure that academies stick to the standards we have the moment, at the very least, we should ensure the future of the School Food Trust in order to disseminate best practice across all schools. I shall then be somewhat reassured. In the mean time, I beg leave to withdraw my amendment.

Amendment 76B withdrawn.

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As the noble Lord, Lord Bates, said earlier, governing bodies are increasingly important in ensuring that excellent education is delivered in all our schools. The Bill will add considerably to those responsibilities. To ensure that schools do that vital job even more effectively, I hope that the Minister can reassure me that the Secretary of State, by one means or another, will ensure that an acceptable proportion of the local school’s parents are on all governing bodies of academies. I beg to move.

[Baroness Walmsley]

My Lords, I have Amendment 82 in this group. I agree with what the noble Baroness, Lady Howe of Idlicote, said about the importance of parent governors. My amendment differs from hers only in that I have specified a range of numbers of parent governors, including a minimum, rather than a percentage, because schools can become tied up in knots if the percentage is calculated to include a fraction of a governor. We would not want a set of legs without the brain. The range that I have specified caters for very small primary schools and larger secondary schools. In both cases, the elected parent governors are an important factor in the governance of schools and fulfil the coalition commitment to involve parents more in the education of their children.

The composition of the governing bodies of maintained schools, as the noble Baroness, Lady Howe, said, is set out in the School Governance (Constitution) (England) Regulations 2007, but academies are not covered by any such regulations. Their governance arrangements can vary widely, depending on the views of the proprietor. In any case, it is vital that on the principal governing body, the board of the academy, or whatever it is called, there is proper representation of parents, staff and the local authority—all of whom have a vital and obvious interest in the good management of the school as part of the local community. My amendment also includes a requirement to have as governors two members of staff, one of whom must be a teacher, and a member of the local authority. Of course, if one of the academy partners—one of the sponsors—is the local authority, one would expect it to have representation on the board anyway. However, all academies should have this.

We have heard from many noble Lords that what makes a good school is not its legal status or how it gets its funding, but the quality of teaching within its walls. I agree, but the staff must feel that they are an integral part of the school, including of its governance. That is why it should be not just good practice but an essential requirement that staff are represented on the governing body.

The Secretary of State has also made it clear that the new academies will have a robust relationship with the local authority. Part of achieving that will be to have at least one member of that authority on the governing board. I am not talking about a majority or even a large number, because it is intended that the school should be autonomous and free from the local authority; but it will be easier for academies to be seen as serving the local community, which they will have to do, if local authorities are represented on their boards.

I was distressed when the previous Government introduced academies with a requirement only to have one parent governor on the board. That is not enough, and I hope that this Government will put it right.

[Baroness Williams of Crosby]

My Lords, I will intervene briefly, partly because I was the Minister who introduced the Taylor report, which laid down a requirement that school governors should include representatives of the staff, of the non-teaching staff, of parents and representatives of the local authority, roughly in the order of a quarter each. It was one of the more successful education reforms, for reasons eloquently set out by the noble Baroness, Lady Howe of Idlicote, and also because deep within the sense of the school was a feeling of it being owned by, and part of, the local community. That was where the significance of parent governors came in. The parent governor often shared the same income and problems of living as the community, and spoke for the community in a way that governors appointed by the proprietor or the agency simply could not do.

Secondly, it is vital to have some representatives from the staff on the governing body, so that they speak as part of the entity of the school and not simply as representatives of a staff union or association: they become part of the body and success of the school. As regards non-staff governors, anyone who knows the extraordinary record of teaching assistants—I thank the previous Government for this—will know that, particularly with respect to children with special educational needs, their role has been crucial and can be represented only by a governor who represents the non-academic staff of a school.

It puzzles me—I hope that the Minister will think hard about this—that a Government committed to the idea of decentralisation, of the big society and of involving far more citizens in building and creating that society, should dream of going back to a situation where we have just one elected parent governor in an academy. One reason for this was that it was felt that in the very deprived communities from which the early academies sprang, they would find it difficult to find more than one parent governor, because so many husbands and wives would be working all day long and would find it very difficult to attend governing body meetings. The much more privileged group that we are likely to see now coming into the world of academies of outstanding schools will certainly find it easier to produce governors, but that is no reason to move away from the principle that in every school—whether the community is deprived or not—there should be a clear commitment to the school by the community. I plead with the Government to reconsider the mistaken decision to cut down the governing body and its composition to just one, at a time when we should try to rebuild and strengthen relationships between parents, schools and the community. It is clear from the coalition agreement that the Government are committed to this.

I will leave this hanging in the air: will the Minister consider ways in which we can bring back the community and its parents to the support of, and involvement with, the school? What was said by the noble Baroness, Lady Howe, and by my respected and distinguished noble friend Lady Walmsley, suggests that this is something well worth thinking about.

--- Later in debate ---

[Lord Hill of Oareford]

My Lords, I agree with everyone who has spoken about the importance of parents being involved in schools’ governing bodies. I completely accept that the Government’s position that there should be at least one parent governor will not be acceptable to the noble Baroness, Lady Howe. However, I start by stressing the words “at least”, because it is easy to elide “at least one” into “one”. That, in part, is my response to the argument made by my noble friend Lady Williams, to which I listened carefully, about the big society and decentralisation. A perfectly proper argument is that a school, which is a very local form of organisation, knows best the kind of governors whom it needs for a properly balanced governing body, and it should be flexible in choosing the right people for that governing body. That is not to say that my assumption is that governing bodies in academies will tend to consist of only one parent governor.

The noble Baroness, Lady Howe, gave an extremely good, common-sense answer to some of the concerns that have been raised: the governing body of any converting maintained school will determine the composition of the governing body of the new academy trust. With a converting academy, those people who know how the governing body has worked with the membership that is currently set out will make the decision. It is likely that they will draw on that experience and take it into account when choosing the membership of the new governing body.

Although it is certainly extremely important to have a broad representation on the governing body of academies, we do not think that it is right to prescribe a 25 per cent minimum. We want academies to be able to choose and to do what they think is right in their particular circumstances.

I say in response to my noble friend Lady Sharp that my understanding is that the arrangements for the election of parent governors will be set out in the articles of association, which will make it clear that the election of parent governors should be by the parents of pupils attending the academy, so there is an elective element. They will be appointed to the governing body of the academy trust.

Amendment 82 would also have the effect of introducing more prescriptive arrangements for the numbers of parent, staff and local authority governors. Again, the Government’s view is that academies should certainly be free to choose a governing body that has representation from staff and from local authorities. We are proposing that in the academy governance model there should be a maximum of two staff governors, but it is true, as has been pointed out, that we propose that academies do not have to have those particular categories unless they choose to.

I know that that will not satisfy all Members of the Committee, but the Government consider this principle of flexibility to be extremely important and we want academies to be autonomous groups. We certainly urge, in the strongest terms, the benefits of having parent governors—I am very clear about their benefit—but we are not keen to go down the prescriptive route. Therefore, I urge the noble Baroness, Lady Howe, to withdraw her amendment.

[Baroness Walmsley]

Before the noble Baroness does so, perhaps I could say a word about my amendment in the group. I was a little surprised to hear the noble Lord, Lord Hunt, backing these amendments, given that it was the Labour Government who reduced the number of parent governors to one, to be appointed by the proprietor in the old-style academies. The excuse of the noble Lord for that change of heart appears to be his claim that these schools will be set up without consultation. Perhaps the noble Lord was not in the Chamber last week when the Minister accepted that a high degree of consultation with all appropriate groups was extremely desirable and that he would come back to us on Report with some suggestion about how he would ensure that that best practice is put in place. We welcomed that.

The Minister suggested that under the arrangements for the new academies a single parent governor, as the minimum, would be elected. That is different from the situation that applied with the academies as set up by the Labour Government. Indeed, it is a step in the right direction, but I suggest to my noble friend that it is not enough. He suggests that, on the basis of localism, the school should decide how many parent governors to have and whether it should have two staff members. I accept that, as he says, it is suggested that they should have two staff members, but they are not obliged to have them as a minimum. I also accept that the school is probably the most localist level one can get, but the proprietor may not be local; the proprietor may be a chain and failing schools will still have to have a proprietor. I therefore suggest to my noble friend that, if the proprietor is not local, it is not a piece of local decision-making if he decides that he does not wish to have two members of staff on the board of governors or more than one elected parent governor.

I remain of the view that it is good for the school, good for the education of the children and good for the link between the school and its community to have the kind of situation that I have suggested in my amendment. It is also helpful to the school in fulfilling its duty in relation to community cohesion. If we put a duty on schools, it is important that we give them the levers to fulfil it and I think that this is one of them.

[Lord Hunt of Kings Heath]

I do not want to disagree with the noble Baroness, as I agree with the substantive points that she makes in relation to her amendment, but I want to respond to her comments. First, we will wait for Report to hear the Government’s response to the point about consultation, but the fact is that it is not in the Bill. I want assurances that it will not be some fly-by-night consultation but will allow ample time for people concerned to have their say and for that to be considered. On the way in which parent governors are treated under this Bill and under the previous Government’s approach to academies, I, too, drew the distinction that there were specific reasons relating to the situation in which the first academies were created that will not apply where hundreds of academies are being created. However, on the substantive point, I very much share her concerns.

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[Baroness Whitaker]

My Lords, I will try to race through this. I apologise for not signalling the subject at Second Reading, which I could not come to. It was, however, trailed in the Statement on free schools. I was grateful for the insight into government thinking which the Minister provided then.

Amendment 175, in my name, is predicated on one overarching fact—that the design of school buildings is fundamental to their purpose; and that a well designed school building, as well as keeping initial and recurring costs down and being environmentally sustainable, contributes materially and significantly to the educational success of the school. In the new Westminster Academy we can see even wider social achievements, including not only the educational results of a drop in truancy and a big rise in attainment, but also a drop in crime around the school. There is nothing in the Bill about the role of design; nor, as far as I can see, is it in the remit of the very interesting New Schools Network, about which the Minister wrote to us. Design was not directly included in the statutory remit of the original academies either, but they were to be created as part of a framework which insists on design criteria.

Design is not an amateur matter. We may all think we know a good design when we see one, but it is not just a matter of good taste. It is a matter of functionality, and of buildings or other objects which achieve a purpose. As regards school buildings, the standards—the modern ones in the Building Schools for the Future programme of the last Government—are well accepted. I entirely agreed with the Minister when he said in the Statement on free schools, in answer to my question, that the building regulations need a fresh look. I am referring not to this ancient corpus of law but to the up-to-date and innovative standards of our excellent new schools. If academies are to be built or put in refurbished buildings outside this framework, unless the sponsors have access to or understanding of school design skills, the children who study there will be deprived. Money will be wasted. I am sure that the noble Lord opposite does not want academy students to be let down in this way.

Listeners to the “Today” programme on 18 June will have heard new sponsors of academies being grilled about how even to get their building up in the first place. Procurement and construction are complex processes, requiring expertise and negotiation. If good design is not part of the process from the beginning, it invariably loses out and so then do the students, not least those with disabilities. My amendment would ensure that the appointed person in the regulations in Schedule 1—usually, no doubt, the sponsor—has a duty to find out what the appropriate design standards are and apply them. As I said, the standards exist. They could of course be adapted to allow for a range of educational models and school ethoi. This would work very well if the Government continued with the client design adviser system, another successful innovation.

I do not think that we should allow our children’s education to be vulnerable to the vagaries and variations in expertise of groups of people who may have clear ideas about the teaching culture they want to set up but no acquaintance with design. I beg to move.

[Baroness Walmsley]

My Lords, I agree with the noble Baroness, Lady Whitaker, about the importance of design. There is such a thing as a dysfunctional building. Schools are buildings around which large numbers of children have to be moved every day. It is very important that they are well designed for that purpose, as well as for concentration and calm contemplation of the lessons. If the buildings magnify sound, they will not be very good for that purpose.

I am also concerned about the green credentials of schools. Will the Minister say something about the design standards in relation to the use of energy and water, and the disposal of waste and all those issues? I have often suggested that schools are ideal places for ground-source heating. They have large tarmac playgrounds under which you can put the pipes. It really is important because in the future energy will be even more expensive than it is now and we will all have to pay for it.

I recently went to an academy school where in order to switch the lights off at night the caretaker had to go to the top of the building. However, he was forced to leave the lights on all night because health and safety would not allow him to come down the stairs in the dark. That new, purpose-built academy building was ablaze all night. It was a disgrace and I hope that we will avoid that sort of thing.

[Lord Howarth of Newport]

My Lords, my noble friend Lady Whitaker and I have stood shoulder to shoulder in campaigns for good design in recent years and I am happy to join her in the field tonight. It is too much, no doubt, to ask that the magnificent £50 billion Building Schools for the Future programme should be continued, but it is essential that design standards should not be dropped in the school building that does continue. Presumably that will mainly be the construction of academies. Do the Government intend still to provide some funding to support the creation of fine new academy buildings, as their predecessor did? Will the Government at least maintain minimum design standards?

This matters very much. Children and staff in schools, like everyone else, should work in a good built environment. The benefits of that for their morale, spirit and performance are marked. Good design is practical and works better. Well designed schools, like well designed hospitals, hospices, railway stations and magistrates’ courts, are statements about the values we hold as a society, our attachment to civic values and the public realm and our commitment to sustainability, an important point raised by the noble Baroness, Lady Walmsley. There are important symbolisms in good design.

Good design is an expression of national self respect. It is a manifestation of the respect we have for our community. There is a noble tradition of design of school buildings and it is one which we must not lose. Our Victorian and Edwardian forebears took it as axiomatic that a school should be a proud statement on behalf of the community in its design. The school building programme launched after the Second World War by Ellen Wilkinson, as Secretary of State, led to a commitment in a number of local education authorities to good design in a modern idiom. The schools designed in Hertfordshire for the local education authority by Stirrat Johnson-Marshall were celebrated. He was an architect who was described as,

“Socratic in manner of discussion and intolerant of formality in any guise”,

which, I think, means that he sought to find out what people thought, to elicit their best ideas and to develop his designs accordingly, as good architects do. Equally, later in Hampshire, the schools designed by Colin Stansfield Smith were celebrated, and the local education authorities which committed themselves to a programme of high-quality design in school building were strongly and admirably supported by the ministry’s architecture and buildings department.

More recently, under the previous Government, we had the Building Schools for the Future programme. I shall mention two schools that were jewels in that programme. The Mossbourne Academy in Hackney was built in an area known as “murder mile” because of the gangland killings there. It replaced Hackney Downs comprehensive, a school which had gone so far down in the world that the tabloids described it as the worst comprehensive in England. The school reopened in 2004 in buildings designed by the Richard Rogers Partnership. The first intake of the new school consisted of children, nearly half of whom were eligible for free school meals and 30 per cent had special educational needs. They took their GCSEs in 2009 and achieved some of the best state school results in the country. The Mossbourne Academy topped the league tables in value added. That was, above all, due to the leadership of Sir Michael Wilshaw and first-rate teaching by his colleagues, but design, they acknowledge, was also an important factor—as was the case at the Westminster Academy, which my noble friend and I visited earlier this year. There, the architects Allford Hall Monaghan Morris were awarded the RIBA Sorrell Foundation Schools Award. This is an opportunity for this House to pay tribute to Sir John Sorrell and his wife Frances for their extraordinary generosity and creativity in their support through their foundation for good school design. The design of the Westminster Academy is beautiful and clever. As my noble friend said, the results in the new school soared by comparison with the results in the old school because pupils were treated with respect through design, and thus learnt to treat their school and neighbourhood with respect. The head teacher and her staff above all deserve the credit, but she insists that the quality and nature of the design of the school were crucial in making possible the curricular flexibility which, in turn, was key to the motivation and success of that school.

The Government want to impose the minimum bureaucratic burden on academies, and that is right. Good design cannot be promoted by regulation, but bad design can be averted. I hope that the Government will keep the minimum design standards that the DCSF pioneered in the public sector. I hope also that the Government will keep the engagement of CABE, which is not a quango to cull. It mobilises at negligible cost talented and expert people to illuminate and promote good practice in design. Here the leadership of Ministers is needed and, as elsewhere in education, leadership, aspiration and ambition are the magical ingredients. Only the best should be good enough for our schoolchildren, their teachers and the staff in our schools. We can afford the best. Good design costs no more than bad design. It is simply a matter of doing the job well. Indeed, good design costs less over the lifetime of the building.