Academies Bill [Lords]
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Mr Hayes
We have had a long and interesting debate on this subject, have we not, Mr Evans? It has been a good-natured debate too, with high-quality contributions by hon. Members from across the Committee, who have drawn on their extensive experience and expertise. I defer to those hon. Members who have that professional expertise—expertise that they have been able to articulate today in a way that has shown the House and this Committee at its best, as was made clear in his generous contribution by the hon. Member for Gedling (Vernon Coaker), who I can confirm is a stallion, by the way. [Hon. Members: “How do you know?”] Because I have known him for a very long time, and I know that his reputation precedes him.
On the subject of my friends on the Opposition Benches, I count the hon. Member for Hartlepool (Mr Wright) as a friend, and I have not yet had the chance to congratulate his daughter, Hattie, on her eighth birthday yesterday. I shall do so now, because I want to get it into Hansard. In addition, I want to mention that he has a number of other children and I hope that they enjoy “Toy Story 3” when they go to see it on Sunday. Moving on! Time is short.
The amendment would have the effect that, before making any payments under an academy agreement, the Secretary of State would have to assess the impact on local authority-funded SEN services of a new academy or an academy conversion before deciding funding levels for such academies. I had thought that I would have to speak for longer on this subject in order to cover it in considerable detail. I have before me the Balfour Act and the Education Act 1944, along with every other significant education Act at my disposal. It is a sad fact that I will not be able to draw on them, but in the few remarks that I will make, I shall try to answer the salient questions posed by hon. Members.
The hon. Member for North West Durham (Pat Glass) said that there was no definition of special educational needs. They are, however, defined in some detail in section 312 of the Education Act 1996. I will not go into those details now, but the Bill will not change them at all; that definition will remain in place and it is important.
The hon. Member for Portsmouth South (Mr Hancock) spoke about autism, and—I say this from the heart—gave a rather moving account of his experience of parents dealing with the challenges of special educational needs. Academies will be under the same obligations as other schools in respect of special educational needs. As I said to him earlier, academies are already providing evidence that they are looking at these matters with appropriate diligence. The Haberdashers’ Aske’s Hatcham College academy has an autism unit, for example, of which other schools are taking advantage. However, I heard what the hon. Gentleman said today, and we will ensure in our study of special educational needs in the Green Paper that autism receives the particular attention it deserves. I have worked closely with the Lincolnshire Autistic Society, and I know of the good work done by that society and others. The hon. Gentleman has done a service to the House by raising that matter today.
My hon. Friend the Member for Mid Derbyshire (Pauline Latham) asked two specific questions. Yes, although we intend to convert special schools into academies, we understand that that will need to be done on a considered and measured basis. We need to do work on the issue of funding in particular, and we will do so before the conversions take place. She also asked about the role of the health service in respect of children and young people with SEN. Primary care trusts contribute to the costs of individual placements as well as supporting pupils. Their responsibility is to the whole population, however, so that funding should be unaffected. The costs of non-maintained special schools remain with the local authority, and none of that budget will be transferred to the academies.
My hon. Friend the Member for Beverley and Holderness (Mr Stuart), the Chairman of the Select Committee, asked a number of questions. I have dealt with the question of the Secretary of State’s responsibilities. I can confirm that, as he suggested, the YPLA will be instrumental in ensuring that those responsibilities are carried out. A number of hon. Members asked how a parent could complain if an academy did not meet a child’s special educational needs. That was a theme that emerged implicitly throughout the debate.
Let me make it clear. An academy must have a clear complaints process, and a parent who wished to complain would have to be dealt with in line with that process. If that complaint were not satisfied, the YPLA would enforce the obligations in the funding agreement. If that does not prove satisfactory, a complaint about the YPLA can be directed to the Secretary of State, who will enforce those obligations in the courts if necessary.
My hon. Friend the Member for Hexham (Guy Opperman) made a number of points about parents who, he said, would not have the wherewithal required. He said that these things were all very well in theory. I spoke earlier about redistributing advantage in society. I am very conscious of the need for us to get the statementing process right, given how often it disadvantages parents in that position.
My hon. Friend the Member for Bognor Regis and Littlehampton (Mr Gibb), the Minister of State, Department for Education—with whom I have worked hand in glove in the House for many years—will be looking closely at the whole issue of statementing. We understand some of the concern that has been expressed. It is crucial for parents of the kind described by my hon. Friend the Member for Hexham to be dealt with appropriately, fairly and reasonably, rather than being bemused and bewildered by a process that is bureaucratic and insensitive to their circumstances.
The amendment raises issues similar to those that were raised in another place. As Members have pointed out, the main issue is the fear that an increasing number of academy conversions will render local education authorities unable to maintain the level of centrally funded services that they currently offer. That fear is not without grounds, and I entirely agree that we must consider it. I am also convinced, however, that we will have time in which to do so. The number of schools that will convert in September will not be large enough to have a significant impact on local authority services.
I see the hon. Member for Gedling egging me on, stallion-like, but I have a number of other things to say which I hope will satisfy him.
Of course some local authorities already have a majority of secondary schools as academies. Those academies were approved by the last Government, who funded academies in the same way as the current Government intend to fund them. However, we also intend to review funding from 2011 onwards. We will be working closely with local authorities and other partners, and I can confirm that we will give specific consideration to the funding of SEN services. That consideration will be in addition to the Green Paper that I mentioned earlier. The work will take place over the autumn, and as my noble Friend Lord Hill, the Under-Secretary of State for Schools, said yesterday, we have instructed officials to ensure that the Special Educational Consortium is involved in the work.
We are committed to ensuring that children with special needs in both the maintained and the academy sectors receive the services that they require and, indeed, deserve. My commitment to children with special educational needs stretches a long way back. As a member of the Government, I will do nothing that would act to their detriment, and we as a Government will do nothing in respect of the academies programme that would disadvantage them or the people who care for them in any way. I am pleased to be able to put that on the record.
Barry Gardiner (Brent North) (Lab)
I am sure that the whole Committee will welcome the Minister’s assurance, but he also mentioned a review of funding in 2011. Can he tell us what impact that might have on the commitment in the Bill that the funding agreement will last for at least seven years? How will the two interact?
Mr Hayes
The hon. Gentleman should bear in mind what I said a moment ago. We would not expect special schools to be in the first tranche of academies, and we will review the funding before those schools become academies. That is entirely consistent with the Bill. We hope that when the schools have become academies the arrangements will be in place, and the seven-year period will kick in after that.
We have also set up an advisory group to help us to work through, in particular, issues relating to SEN and special schools. It is because we want to use the practical expertise in the sector that the group includes heads and governors from special schools—including the non-maintained sector—and mainstream schools with specialist units, as well as local authority representation at officer and political level. As Lord Hill said in another place, the Government undertake to monitor the impact of the increasing number of academies on local authority SEN services and will continue to work with local authorities to ensure that adjustments to their funding with respect to the academies properly reflect their changing responsibilities. Make no mistake: local authorities will continue to have key responsibilities in respect of SEN, including their responsibility to statement children. We intend to ensure that that is properly funded.
Academies Bill [Lords]
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Vernon Coaker
The point is that the whole of that system was based on local consensus. Local authorities and local communities were involved, and difficult and tough decisions were sometimes made in the face of significant opposition. The academies programme was developed on the basis of local agreement, which meant the local community telling schools that they must take part in all the partnerships.
Those were secondary schools, but, as the Minister knows, the amendment deals with the possible extension of academy status to special schools and primary schools, which would involve a massive expansion. A managed expansion is one thing, but, as both Ministers of State will probably point out, the Bill is permissive—permissive, that is, to the extent that it allows almost everything to be done by means of the funding agreement or the direct grant arrangements. Regardless of ideological differences, even Government Back Benchers draw attention to the lack of a statutory requirement for things to be done that people consider necessary, which I think is a serious weakness, particularly as a funding agreement, which is a contract, would ultimately have to be tested in the courts.
Let me say this to the Minister: in all honesty. I am not making a point about the Bill being rushed through; that was dealt with when we debated the programme motion. If I were in charge of the Bill, I would think that, notwithstanding some of the improvements made by the House of Lords—such as the provision for low-incidence special needs, which were mentioned by the hon. Member for South Swindon (Mr Buckland), and the application to academies of section 4 of the Education Act 1996—when it comes to exclusions, admissions and, in particular, special schools, it is no use talking about things that people “should” do. It is no use saying, “These are important matters on which parents should be consulted. These people should be consulted, and those people should be consulted.” The Bill should lay down an absolute requirement, especially in relation to those with the most profound learning difficulties.
Barry Gardiner (Brent North) (Lab)
Schools in Brent are in a difficult position, given the proposal to redistribute special educational needs among schools. It is proposed that autism, learning difficulties and challenging behaviour be apportioned between Cardinal Hinsley high school, Queens Park community school, Alperton community school and Copland community school. All those schools have fallen victim to the Building Schools for the Future cuts, at the same time as the amalgamation of the two special schools, Hay Lane and Grove Park. In the circumstances, it would be incredible if an order were allowed for academy arrangements to be pursued with consultation taking place only afterwards. It would be absolutely preposterous.
Vernon Coaker
My hon. Friend underlines my point. I consider it ridiculous that the Bill allows consultation to take place after an order. There should be a requirement that, at the very least, it should take place beforehand, and those whom it is appropriate to consult should be listed. He is also right to draw attention to the problems caused by the Building Schools for the Future fiasco.
Mr Buckland
There is a fundamental point, and I shall not shy away from it. I would submit—sorry, the lawyer is coming out in me—that, when it comes to a timetable for the resolution of any disputes, the new model agreement on admissions should be clarified even further. I am sure that there is scope for looking at the detail, but it does not necessarily mean that such detail has to be in the Bill. If we are going to go down this road, let us ensure that the contract—the agreements—are as watertight, as accessible and as understandable as possible for parents. I have concerns that many Members share, but it does not mean that we need to include them in the Bill. In fact, to take the hon. Gentleman’s logic to its conclusion, I note that his amendment seeks to make the Bill even less prescriptive. He might think it an artificial point, but on his logic I am entitled to make it, because, by seeking to sweep away particular clauses that have been included as a result of much deliberation, he is in effect negating his own argument. With that, I draw my remarks to a close.
Barry Gardiner
I am pleased to follow the courteous exchange between the hon. Member for South Swindon (Mr Buckland) and my hon. Friend the shadow Minister.
I have a fundamental philosophical problem with the amendment. Earlier, when giving advice to Members, Mr Chope, you pointed out that the amendment was about whether special schools should be included in the academies programme. I oppose this reform because, unlike the previous system, which tried to address disadvantage and underperformance by taking money from outside the system and ensuring that it was targeted at underperforming schools and children who were not doing so well, and putting innovation into the system to see if that would make improvements, the Bill looks to take money from within the system, mainly from children who are disadvantaged, and give it to children who are, on the whole, better advantaged.
The amendment relates to special schools, which are specifically for children with greater disadvantage, so it goes against the thrust of why Labour Members oppose the Bill as a whole. I believe that there is tension among Labour Members that needs to be resolved. That can be done in the way that my hon. Friend the shadow Minister outlined in relation to the arrangements between special schools and local authorities. It goes to the heart of funding and co-ordination.
I outlined in an earlier intervention the very detailed and complex mesh of arrangements that have pertained in my borough between mainstream schools—not special schools—that were part of the Building Schools for the Future programme, that were seeking, as part of that programme, to divide up, in a co-ordinated way between themselves, the different elements of special educational needs that needed to be addressed: autism at one school, learning difficulties at another, challenging behaviour at another. At the core of that was the amalgamation of Hay Lane and Grove Park schools, which were for children who simply could not be accommodated within the mainstream.
That is an incredibly complex set of arrangements between a number of schools, some of which might, under the provisions of this Bill, choose to become academies, and some of which, under the same provisions, would not be able to become academies because they are not, at present, outstanding schools. The local authority will be unable to co-ordinate the system as a special school goes off and becomes an academy, and the funding that is drawn off by the academies will reduce the capacity of the centre. I am reminded of the W. B. Yeats poem about the widening gyre—the centre will not be able to hold. We will lose the ability of central provision through the local authority to co-ordinate the needs of all children with special needs—those who need to be in mainstream schools and those who need to be in special schools. That is the fundamental problem. However, we should not look at our opposition to this clause about special educational needs in the same light as our opposition to the Bill as a whole because there is a fundamental philosophical difference between them.
The Minister of State, Department for Education (Sarah Teather)
It is a great pleasure to be taking part in the debate on this Bill from the Front Bench. As the hon. Member for Gedling (Vernon Coaker) said, it is the first opportunity I have had to do so. I am grateful for his warm words at the outset. I recall the first Bill that I debated in opposition. I remember looking at the Minister struggling with her papers and thinking, my goodness, what an awful lot of things she needs to know. It does seem very different from this side of the Dispatch Box. The hon. Gentleman said that all parties in the House are united by a common desire to improve educational attainment. I welcome that. It is important to begin from that perspective and to recognise that our motives are common.
I listened carefully to what the hon. Gentleman said in his opening speech, which covered many different areas and was almost a re-run of some of the issues that were covered on Second Reading. My understanding of the nub of his argument is that his tabling of the amendment relates to his general objection to the Bill rather than a specific objection to special schools. However, I will try to deal with the points that he raised on special schools in a moment.
It is not clear to me why this policy is any different from that followed by the hon. Gentleman’s Government. If we believe it is a good thing to have freedom for schools, particularly for those that are struggling, it is not obvious to me why we would then deny those freedoms to other schools that are already doing well, particularly as the Secretary of State has made it clear that he expects outstanding schools that become academies to partner a weaker school and to share their expertise. That can offer an opportunity to provide the kind of partnership that I think the hon. Gentleman probably agrees with.
As the hon. Gentleman said, amendment 28 would prevent special schools from converting to academies. That was the previous Government’s policy. We think it right that special schools should have access to the same opportunities and freedoms that we are giving to mainstream schools. Indeed, many special schools want that freedom: more than 50 have registered an interest in becoming an academy. [Interruption.] The shadow Minister can find that detail on the Department’s website.
Barry Gardiner
Can the hon. Lady clarify that remark? She says that those schools have expressed an interest in becoming an academy. Is that strictly accurate, or have they rather expressed an interest in further information about the process of becoming an academy?
Sarah Teather
Okay, I agree—I accept the hon. Gentleman’s point. Indeed, they have expressed an interest in obtaining more information about becoming an academy.
Vernon Coaker
There are two things to say in response to that. First, the previous Government had a managed programme for allowing schools academy freedoms. Secondly, the difference between that and what the Government propose is that if they are not careful, there will be a free-for-all. Freedoms will be extended to schools when the Government have not worked out what that means in respect of co-ordination, funding and a whole range of things, as I said, yet we are supposed to say that that does not matter.
The Minister was kind enough to say that I asked perfectly reasonable questions, but we are now invited to pass legislation when she does not have an answer to them other than to say, “We have set up a body to look at how we answer those questions.” If she were in opposition, as she was until a few weeks ago, and if I had said what she just said, she would have reacted as I am reacting now. Frankly, she should be able to answer those questions.
The Chair of the Education Committee was right to ask what it means if special schools get academy freedoms, how much funding they will get and what the consequences are for the local authority and other schools in the area, but the Minister has no answer, because she does not know. If she knew she would provide an answer, but she does not know so she cannot. That is a very serious weakness.
On the 50 schools that registered an interest in academy status, the Minister said that the Government had never used the words “applied for academy status.” I shall look very carefully at what the Education Secretary said on that and at how expressions of interest relate to applications. The Government are in a bit of a mess on that and on what they are using that to justify their measures.
Barry Gardiner
Does my hon. Friend agree that many schools will ask for further information because they feel that they have an obligation to present their boards of governors with the fullest information possible before taking a decision? It would be an abrogation of that duty were a head teacher not to push that button.
Vernon Coaker
I agree with my hon. Friend. The other weakness in the Minister’s response is that it is very unclear what role, if any, the local authority will have in all this, and what the consequences will be for the overall co-ordination in an area. With respect to the Minister and to the Committee, I should like to test the opinion of the Committee on this amendment. I shall therefore not withdraw amendment 28.
Oral Answers to Questions
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Michael Gove
As I am sure the hon. Gentleman knows, teachers’ pay and conditions are set by the School Teachers Review Body, which governs England and Wales. I will have ongoing discussions with the Welsh Assembly Government, and it is important that we ensure that teachers have certainty in the future. It is my understanding that the current arrangements are working in the interests of teaching unions and teachers across England and Wales, but I would be very happy to receive any representations from the hon. Gentleman to ensure that the recruitment and retention of teachers in his constituency—in a very beautiful part of north-west Wales—are made as easy as possible.
Barry Gardiner (Brent North) (Lab)
17. What recent representations he has received on the provisions of the Academies Bill; and if he will make a statement.
The Secretary of State for Education (Michael Gove)
Many schools have told us that they welcome the opportunity to acquire academy freedoms through our Bill. Officials and Ministers have had positive meetings so far with teaching unions, the Special Education Consortium, the Church of England and the Catholic Education Service. Alongside these representations, we have also had approaches from individual peers and MPs, which have been dealt with through correspondence and meetings with Ministers.
Barry Gardiner
Why does the Secretary of State continue to call these schools academies? Under the old system, academies were a means of getting extra money from outside the system to children from poor and disadvantaged backgrounds who were not doing well. Under the new system, academies are taking money from within the system away from poor and disadvantaged children and giving it to schools that are already doing very well. Why does he continue to call them academies?
Michael Gove
I know that the hon. Gentleman served with distinction as a Minister in Tony Blair’s Government, and was then defenestrated when the right hon. Member for Kirkcaldy and Cowdenbeath (Mr Brown) took over. He should be aware that Tony Blair made it clear, when he was Prime Minister, that academy freedoms should be extended to all schools. In that respect, we are simply carrying on the good work that was begun under the Prime Minister who was wise enough to have the hon. Gentleman on his Front Bench, rather than following the disastrous course that was taken by Gordon Brown and the right hon. Member for Morley and Outwood (Ed Balls).
Oral Answers to Questions
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Mr Hayes
Indeed, and it is perhaps also important to let the House know that the Government money that is available will leverage in other moneys. We want to look at all kinds of ways in which colleges, enjoying the new freedoms that this Government are determined to give them, can invest in their future. By the way, I know that my hon. Friend is a great champion of further education. I add that because he deserves that plaudit.
Barry Gardiner (Brent North) (Lab)
Will the Minister accept my invitation to come and visit the College of North West London in Brent so that he can spread some of his largesse there?
Schools Funding
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Michael Gove
I am sure that the whole House will have heard what my hon. Friend says.
Barry Gardiner (Brent North) (Lab)
Does the Secretary of State understand not only the anger but the confusion of the young students from Copland school and Alperton school, who, at the very moment when he was at the Dispatch Box making his original statement, were receiving an award from the organisers of Building Schools for the Future for their contribution to the design of the new schools that they then heard him announce were not going ahead?
Does the Secretary of State also understand that the manner of his dealing with questions on the statement—
Mr Speaker
Order. I have cut the hon. Gentleman off at one and a half questions, but I think we have the gravamen of what he wanted to convey.
Education Funding
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Michael Gove
More than 300 Teach First teachers will be going into primary schools, and Teach First will be expanding for the first time into every part of the United Kingdom. Hitherto, it has not operated in the south-west of England, but now it will. The Teach First model has concentrated mainly on major cities, but we are consulting Teach First on precisely how it can expand into areas such as the south-west.
Barry Gardiner (Brent North) (Lab)
Will the Secretary of State confirm that the excellent BSF applications from the previously Lib Dem-Tory council in Brent, which were supported at the time by the Minister of State, Department for Education, the hon. Member for Brent Central (Sarah Teather), will be subject to the freeze? Could that be why the Minister refused to debate those issues with me at the Brent teachers association last week, and why she looks so bloody miserable today?
Mr Speaker
Order. My tender sensibilities have been gravely affected, but I am more concerned about people in the country, particularly young people. Will the hon. Gentleman please withdraw that unseemly term?
Barry Gardiner
Mr Speaker, I withdraw the unseemly term and replace it with “miserable”.
Michael Gove
My hon. Friend the Minister enjoys debating with the hon. Gentleman at every available opportunity. He will be delighted to know that we want to ensure that the academy that is being opened by ARK in his constituency goes ahead. We also want to ensure that in future, we look to guarantee that future capital spending that might affect his constituency goes to those pupils and schools in greatest need, including primary schools.