Academies Bill [Lords]

Barry Sheerman Excerpts

Monday 26th July 2010 Commons Chamber

[Lisa Nandy]

I want to speak particularly to my amendment 86, which is a probing amendment designed to understand the Government’s reasons for not including in the Bill consultation with key groups, including the wider community, prior to a school seeking academy status.

Previously, when maintained schools converted to academies, the local authority was obliged to consult widely. Although there was no legal requirement for public consultation where a new academy was to be established, the local authority at least had to be consulted. I am worried that that is not being replicated in the Bill. Despite some progress, the current wording on consultation is inadequate, requiring consultation only with

“such persons as they think appropriate”.

It is of the utmost importance that parents, pupils, staff and the local authority are consulted.

We have already talked a little about the importance of consulting children. I want also to draw attention to the United Nations convention on the rights of the child, which successive Governments have supported, and which sets the standard by which we expect children to be treated in this country. Part of that is about talking to children and listening to their views on matters that affect them. Few matters could affect children more than that currently under consideration by the Committee.

The changes will impact on all the groups to which I have referred, including the wider community, children who are not currently at school, children who are going on to school, and children who are at other schools. I will not rehearse the arguments that were advanced on Second Reading, but it is important to consider those in the context of the amendments.

The Government have said that they are committed to giving parents a greater voice. The National Governors Association has said that, in that case, it would like to see consultation with parents as part of that principle. I reiterate the point I made earlier that governors have a strong duty to put the children in their school first. I would like a provision for prior consultation with the wider community to be included in the Bill. That would mean that, before taking the decision to seek academy status, the governors were in command of the full facts. That cannot be controversial, and I cannot understand why the provision is not in the Bill.

Several groups have raised the concern with me that the wording of the Bill is so broad as to leave governing bodies open to legal action should they not carry out consultation with groups in a way that is considered proper. Will the Minister consider that in his response, as I would hate to see that happening to governing bodies? As a school governor, I would find it extremely worrying to find my school in that position.

[Mr Barry Sheerman (Huddersfield) (Lab/Co-op)]

Does it not strike my hon. Friend as odd that, while the Government are proposing to allow local communities to engage in consultation and to vote on planning permission for residential developments, they are proposing no such consultation when it comes to the impact on the future of a school and the implications of that for the whole community?

[Lisa Nandy]

That brings me to a point that was raised with me by the TUC. The Government’s concept of the big society appears to feature the involvement of more and more people in the services that they own as members of the community, but this proposal, like some of the other measures that have been pushed through, seems to be directly at odds with that principle.

--- Later in debate ---

The suggestion that all that can be sorted out in time for some academies to be in existence by September is mind-boggling.

[Mr Sheerman]

rose—

[Mr Hancock]

I see that the hon. Gentleman is itching to intervene. At our age, I think I should allow him to do so, so that he need not struggle to rise too often.

[Mr Sheerman]

The hon. Gentleman is more deeply rooted in his community and his constituency than almost anyone I know, but I hope he will not mind my saying that he is slightly missing one point. Under the last Government, Building Schools for the Future and academies were not just about improving schools, but about transforming the communities in which they sat. That was at the heart of what the last Government were doing, and that is what the present Government seem to be missing. Transforming the community is what a great school does.

[Mr Hancock]

I agree. As I said in my intervention on my hon. Friend the Member for Southport, it is not just about the parents of children attending a school; it is about the wider community having a say. Academies were supposed to be at the very heart of the community, and they were supposed to be seven-days-a-week establishments offering a range of activities that the whole community could embrace. If that is what we will have, we should share it with the population and encourage them to become involved; but to suggest that we can create academies from scratch by September is pushing against a door that has already been slammed in our faces. It might be possible in the case of schools that have partly completed the process, but I think it highly unlikely that any academy created from scratch could succeed. I do not even know whether the governors would meet between the passing of the Bill and the time at which it would be possible to begin the process of setting up an academy.

How quickly will the Government be able to agree on the financial basis? What will happen to the role of local authorities that have already budgeted for the coming year? What will happen to the existing budgets in schools? That brings me to a point at which I have to declare an interest yet again, Ms Primarolo—Primarolo—[Laughter.] It is difficult for a person who has had a speech impediment for 60 years and then mastered it when someone comes along with a name that contains a P and an R too close together, with an O at the end. I am trying to fight this as best I can. I hope you will bear with me, Ms Primarolo. Are you looking for inspiration from above?

I was thinking about a problem that local authorities face. I must declare an interest at this point: I am a member of a local authority that is a local education authority. This morning we were discussing what to do now. We already have one academy and, as I have said, it is a pleasure to see the transformation that is taking place particularly in the parents, who were heavily consulted, and the pupils. Everyone is optimistic and looking for an improvement in the school’s academic record in one year. So even though I am against this measure, I have seen how it can start such a process.

As I said, this morning we on the Portsmouth executive were discussing what to do now in respect of the legislation before us. How will we deal with the other schools? Will we try to talk to them about having a federation? Should we think about helping one school? We have a very good single-sex girls’ school but it is sometimes difficult to see where its future will lie. I would very much like for it be maintained, but we also have a single-sex boys’ school that is not in such a good state of health, and the question therefore arises of how we work with them. I do not want local authorities to be left with a rump of schools that are difficult to manage.

We asked other questions, too. How do we cope with staff? How do we cope with low achievement in schools? How do we maintain parents’ confidence that their children will get an equal share of the resources? The Government did not address that problem during our discussions last week but it is fundamental, because if parents are not going to be involved in the creation of an academy they really ought to be told what the effects will be on those children who will not be fortunate enough to get into an academy.

I ask the Minister to talk about the confidence that the Government have to be able to give to parents in order to be sure that all of them believe their children will get equal opportunities at school. Under the Bill in its current form, there is a degree of unfairness that could easily and very quickly be exposed in cities such as mine—densely populated urban areas with schools very close together where it is difficult to regulate catchment areas fairly and properly because people live so close by. Where schools are located is also an issue in this respect. Some of them came into existence as secondary schools somewhat late in the day. We had to build two new secondary schools in our city in the last 10 years to cope with the rising numbers of children, and we had to build them where we could, rather than in the right place, so to speak. We had to build them on the available sites which were not necessarily in the right areas. That also makes the catchment areas issue very difficult.

Parents therefore rightly have a number of fears, and teachers certainly do too. The amendments before us are about making sure that parents have the opportunity to know both a lot more than is currently available about what an academy can achieve and the downsides of academies. The Minister would be foolish in the extreme if he were to suggest that some parents would not want the downsides of an academy to be explained. That is particularly the case in respect of parents of children who are not fortunate enough to get into them. What will happen to the rest of the children?

I hope the Minister will also respond to the points raised by the hon. Member for Wigan and my hon. Friend the Member for North Cornwall (Dan Rogerson). My hon. Friend asked two or three questions that are worthy of a specific on-the-record comment from the Minister, because this Committee needs and demands that. We cannot allow legislation to be passed so quickly without proper scrutiny and with questions left unanswered. The Government cannot have it both ways. If they are not prepared to give us the time to scrutinise the Bill properly, they should be able to put a sustainable and maintainable position on the record by saying, “This is the way it’s going to be.” Anything short of that should be seen by this House and the country as totally unacceptable.