Academies Bill [Lords] Debate

Full Debate: Read Full Debate
Department: Department for Education

Academies Bill [Lords]

Bill Esterson Excerpts
Monday 19th July 2010

(13 years, 10 months ago)

Commons Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Michael Gove Portrait Michael Gove
- Hansard - - - Excerpts

I must try to make progress, because many Members wish to speak in the debate, so for the moment I shall not take any more interventions.

I stress that although we are following the path set down by successful schools in this country, we are also following the one set down by successful jurisdictions elsewhere in the world. In America, which my right hon. Friend the Prime Minister is due to visit in just a few days’ time, President Obama is pressing ahead with school reforms exactly analogous to those with which we are pressing ahead here. He is making reforms to ensure that there are better teachers in every classroom and that more schools enjoy greater autonomy. The charter schools in the USA, such as the Knowledge is Power programme schools, with which I know the right hon. Member for Tottenham (Mr Lammy) is familiar, have done a fantastic job, free from local bureaucratic control, of transforming the life chances of young people. Children who would not have expected to graduate from high school are now going on to elite colleges because of the quality of the education that they enjoy. Charter schools in Boston have succeeded in cutting by half the achievement gap between black and white children.

In Chicago, as Caroline Hoxby and Jonah Rockoff have pointed out, charter schools have achieved even more dramatic gains for children from disadvantaged backgrounds. The striking thing about Hoxby and Rockoff’s research is that in Chicago the children are drawn overwhelmingly from poorer homes. Whether one goes to Sweden, Finland, Singapore or Alberta—Alberta is the highest-performing English-speaking jurisdiction in education—education reform is guided by greater devolution to the front line, greater control for professionals and a relentless focus on higher standards.

Bill Esterson Portrait Bill Esterson (Sefton Central) (Lab)
- Hansard - -

Will the Secretary of State give way?

Michael Gove Portrait Michael Gove
- Hansard - - - Excerpts

Not at this stage.

The Opposition have tabled a reasoned amendment. My problem with it is that it is not reasoned and nor does it amend matters in our schools for the better. It is simply a list of unjustified assertions. It states that the Bill provides the legal framework for new parent-promoted schools. That is not true; that was created in 2002. It states that our proposals for academy status are funded by cuts in the Building Schools for the Future programme. That is not true; they are funded using money that was in the harnessing technology grant, and we are making the Building Schools for the Future programme more efficient.

The Opposition argue that our proposals are based on reforms in other countries with falling standards and rising inequality. That is not true; they are based on reforms in countries such as President Barack Obama’s America and in Singapore, Canada and Finland, where standards are rising and equity is greater. The Opposition claim that there are no measures to drive up standards, improve discipline or deliver greater equality. At the beginning of my speech, I pointed out what we are doing about teaching and discipline, and, thanks to the impassioned advocacy of my right hon. Friend the Member for Yeovil and the Minister of State, my hon. Friend the Member for Brent Central, we will shortly introduce proposals for a pupil premium.

--- Later in debate ---
Ed Balls Portrait Ed Balls
- Hansard - - - Excerpts

We have 720 schools where children from primary school were looking forward to going into brand-new schools. Their hopes have now been dashed by the Conservatives to pay for their free-market schools policy—[Hon. Members: “Answer the question.”] Unlike the Secretary of State, I have the courage to answer the question, and the fact is that in 1997 70% of children reached the required level in English and maths at age 11, and that rose to 80% under the last Government. We improved standards because we invested in schools and teachers. It is the cuts by the Government that will set back the improvement in standards.

Government Members know that the reason the new schools have been cancelled is not to reduce the deficit. It is not because of the nonsensical claims about bureaucracy. Those claims are as flimsy as the Prime Minister’s promise to protect the front line. The cuts in the school building programme are to pay for the new free schools policy. We know that, because in opposition the Conservatives said:

“we propose that capital funding for new academies should come through a new fund, established by reallocating the money available within the building schools for the future programme.”

To be fair to them, they promised it in opposition and they are delivering it in government, so that 700 schools around the country are now feeling the reality of a Conservative-Liberal Administration, and do not like it very much.

Bill Esterson Portrait Bill Esterson
- Hansard - -

The Secretary of State talked at length about various freedoms. One of the freedoms that concerns me is the freedom of schools to exclude children with special educational needs and looked-after children, among other categories of children from disadvantaged backgrounds. Does my right hon. Friend agree that the lack of protection for children from such backgrounds is a worrying aspect of the legislation?

Ed Balls Portrait Ed Balls
- Hansard - - - Excerpts

I visited Sandwell last week, a borough where several schools were told that their new school buildings were going ahead—in version 1 of the Secretary of State’s list—but were told in list 2 or 3 that he had made a mistake and all their new buildings were being cancelled. As part of that discussion, I met the head teacher of a special school whose promised new investment has been taken away. We discussed the fact that the new academies policy will take out of the funding agreement the obligation on academies to focus on stopping exclusions of children with special needs. So I have exactly the same concern as my hon. Friend.

The head teachers in Sandwell were pleased that I visited. They were also pleased that the Secretary of State has agreed to visit Sandwell to apologise for his dreadful mistake. However, they think that it is odd that he wants to visit on 5 August. Visiting schools in August is not usually the done thing, as the Secretary of State will find out. I am sure the reason is that his diary is full. Perhaps he should share the load. I know that the Prime Minister is today in Liverpool announcing his big society. Perhaps the Secretary of State should urge the Prime Minister to apologise to the 25 schools in Liverpool and the many thousands of children who have seen their new school taken away from them by the free-market schools policy in this Bill.

Perhaps while the Prime Minister is there, he could also apologise to the leader of the Liberal Democrat group on Liverpool council, who had some interesting things to say about the Secretary of State. Former council leader Councillor Warren Bradley said:

“it would be absolute folly if we were to ignore the impact of such a ridiculous decision by Michael Gove, whether or not we are in coalition. Not only would it show how shallow we are, either in control or opposition, we would be letting this and future generations of young people down.”

He goes on:

“It’s ridiculous. The plans for BSF were so far advanced and it’s unforgivable that other funding options are not in place.”

--- Later in debate ---
Pat Glass Portrait Pat Glass (North West Durham) (Lab)
- Hansard - - - Excerpts

Coming from my background, having worked for 25 years in education and particularly in special educational needs, I am used to making decisions about children and young people based upon what works for them and what is in their best interests, not upon ideology or my own philosophical beliefs. I am therefore concerned about the speed with which the Bill is being rushed through the House and the impact that that will have on children with special educational needs. I ask the Secretary of State, although he has left the Chamber, to think carefully about that matter.

Having examined the Bill in some detail, I do not believe that there has been any detailed analysis of its impact on vulnerable children, particularly those with special educational needs. I am particularly concerned about two things, based on what we know about the small number of academies that currently exist. First, we know that that group of children has not had a good deal in admissions, accountability and exclusion. I am concerned that if we increase the number of academies massively without considering in detail the impact that it will have on that vulnerable group of children, we will simply make the problem much greater.

We know that the educational achievement of vulnerable children—those with SEN, those living in care and those living in poverty—is lower than the average in the school population. Local authority managers of services such as admissions at least try to ensure that those children are not systematically disadvantaged when it comes to admission to good schools. By taking admissions out of the hands of local authorities and handing them over to academies to administer on their own behalf, we run the risk of taking any pretence of fairness out of the system and systematically disadvantaging the already disadvantaged.

Currently, local authorities have no power to name an academy on a statement of special educational needs, even when a parent particularly wants it and the local authority that has assessed the needs of the child in question believes that the academy can meet that child’s needs. I have come across that a number of times as an assistant director, when I have looked carefully at a child’s assessment and believed that an academy can meet their needs, and when the parent particularly wants their child to go to that academy, but the academy simply refuses to consider the point.

Bill Esterson Portrait Bill Esterson
- Hansard - -

Does my hon. Friend agree that another problem with the Bill is that the framework does not require academies to have special educational needs co-ordinators who are qualified, with appropriate training? That is another weakness of the SEN provisions.

Pat Glass Portrait Pat Glass
- Hansard - - - Excerpts

My hon. Friend is right. When will we realise that children with special educational needs need specialists? That is why they are special—they require specialists. It is foolish to say that anyone in a school whom the head teacher chooses to act as an unqualified support assistant can take the part of an SEN co-ordinator.

Currently, cases where an academy decides that it does not want to take a child or cannot meet the child’s needs go to an adjudicator. That takes valuable time and seems designed to put off all but the most determined parents. Parents of children with SEN already have difficult lives and we seem to be putting up additional, systematic barriers to prevent them from securing a place at a local academy that they believe can meet their child’s needs. I fear that that will lead to selective admissions through the back door in the new breed of academies and will make the situation that much worse for so many more children.

--- Later in debate ---
John Pugh Portrait Dr Pugh
- Hansard - - - Excerpts

Having worked in schools for a large part of my life, and knowing the degree of organisation required during the summer recess to prepare for the new term, I find it distinctly improbable that any such schools will be ready to run on a completely different footing in September. The Minister clearly disagrees, and I defer to his knowledge of how things might go. I have to rely on my own experience in these circumstances, however. I have to emphasise that there is a big difference between legislation for a pet project, which we have seen many times in this House, particularly in the Blair years, and mature and considered legislation, and it revolves around whether it is properly handled in this place.

Bill Esterson Portrait Bill Esterson
- Hansard - -

Is the hon. Gentleman aware that schools in his constituency and mine have made inquiries about academy status and that one head teacher in his constituency commented that the whole process was a shambles? Does not that underline his point about the haste with which this legislation is being carried out?

John Pugh Portrait Dr Pugh
- Hansard - - - Excerpts

It is not yet a shambles, but I welcomed the intervention from the Chairman of the Select Committee, suggesting that there is a proper and appropriate way to proceed with an important piece of legislation like this. I do not think that we have yet hit on that way here. What is the best I can say of this legislation? It does not remind me of the new politics; it reminds me—though Opposition Members might not want to hear this—of new Labour. That should give us cause for concern in this corner of the House.

--- Later in debate ---
Charlotte Leslie Portrait Charlotte Leslie
- Hansard - - - Excerpts

As I have said, if this involved a huge capital investment going to those outstanding schools, I would not be standing here defending the Bill; instead, I would be pretty horrified. The point is, however, that schools that are outstanding have proved their worth; they know what they are doing and they are doing it well. It is a very easy and simple step to say to those head teachers who are doing well that, with measures of accountability, they should carry on and share their best practice. We would like such freedoms to be extended to all schools, but that has to be done within an accountable structure.

Bill Esterson Portrait Bill Esterson
- Hansard - -

Does the hon. Lady agree that outstanding schools need help less than schools in lower categories? If she does, does she think it is right that it is outstanding schools that are getting the help, not the schools below those categories?

Charlotte Leslie Portrait Charlotte Leslie
- Hansard - - - Excerpts

I will repeat what I said before—and also just note that it is interesting and very pleasing that the hon. Gentleman uses the word “help” in that that suggests that he agrees with Government Members that granting freedom to schools is in fact helpful. However, I repeat the point that this is not loading resources that could go to a school that is struggling onto a school that is not struggling. This is lifting the lid on ability, ambition, desire and aspiration that already exists, and enabling that to come out and flow into those schools that most need it. I thank the hon. Gentleman for his intervention, however.

I shall now conclude, as the House always hears enough of talking. A key point comes out of the idea that we can have improvement only through capital investment and rebranding. I have heard concerns that there will be an enormous amount of expenditure on rebranding those outstanding schools that become academies, but we are not going to do a rebranding exercise and then expect that alone to be the change and do nothing else. There will be no massive investment in a rebranding that does not actually effect change.

All in all, I welcome the Bill. It is real action—it is not money spent merely on rebranding—and it liberates the knowledge of professionals and also the desire of professionals to improve children’s lives and opportunities that I believe has been stifled for far too long.

--- Later in debate ---
Yasmin Qureshi Portrait Yasmin Qureshi
- Hansard - - - Excerpts

Thank you, Mr Deputy Speaker. The hon. Gentleman says that I was talking about selection. If the teachers are teaching well and the pupils are responding well, children of all abilities can be taught in one school. There will obviously be some children who do very well academically, while others may not do quite so well. However, children who are perhaps academically poor initially will have a chance to catch up. Because they are in a good school with children of mixed abilities, they will have a chance to get better.

Bill Esterson Portrait Bill Esterson
- Hansard - -

There is a lot of evidence to show that areas that still have selection actually have poorer standards and results than those with a completely comprehensive system. I wonder whether that makes the point that my hon. Friend is trying to make.

Yasmin Qureshi Portrait Yasmin Qureshi
- Hansard - - - Excerpts

I thank my hon. Friend for that helpful intervention. Yes, that is what I am saying, and I have seen it across the country.

Perhaps such a view is unfashionable in this day and age, when everything is about selection and performance, but we are forgetting the ordinary children from ordinary families. Do they not have the right to be with “the very bright child” in a school that provides excellent educational facilities? Why cannot the poor child from Farnworth or from the Newbury estate in my constituency go to a school attended by children from Chorley New road, a posh part of the constituency? We need everybody to be together. Children from less well-off backgrounds, whose home lives might make it difficult for them to perform well academically, need to be in schools where they can get help and where everyone’s standards are raised. I know that this is an old-fashioned way of thinking—or perhaps it is not, but it is not the conventional thinking now. I find it surprising that everybody is sleepwalking into and justifying this system of selection.

--- Later in debate ---
Robert Buckland Portrait Mr Buckland
- Hansard - - - Excerpts

No, I am not worried, because I see nothing in the Bill to give me cause for suspicion or concern about selection by the back or front door. I reject the Labour party’s suggestion that this is some sort of ideological drive by the Government. It is not about ideology. I am probably one of the least ideological members of my party and I would not stand here and support some ideological fancy. This is all about excellence and driving up standards. It is all about trusting schools, teachers and professionals to get on with the job that we rightly pay them to do so well.

Bill Esterson Portrait Bill Esterson
- Hansard - -

Will the hon. Gentleman give way?

Robert Buckland Portrait Mr Buckland
- Hansard - - - Excerpts

I will not take any more interventions as my time is fast running out. Let me make some brief points about the governance of foundation schools. The Bill is rightly silent as to the form and style of governing bodies for academies, but I would welcome some discussion of the nature of school governance in modern schools. It is a demanding task for volunteer governors to undertake. Many of them work very hard to monitor the work of the schools that they are involved with and to scrutinise the work of head teachers and the senior leadership team, but I wonder whether the current model of governing bodies and periodic committee meetings works as well as it could. Perhaps we should consider having a more strategic structure with a small number of governors working on a day-to-day basis with the head teacher and SLT, and a much wider pool of talent being involved in a range of tasks within the school. That could involve as many members of the community as possible, whether they are parents or interested local persons. There is work to be done on the quality and nature of school governance in relation to academy, maintained and other schools.

In supporting the Bill and commending its Second Reading, I hope that I have in some way contributed to a very sensitive and important area of this debate—the needs of the children who do not enjoy the advantages that others enjoy and who deserve, as the Prime Minister said in response to a question that I asked him two weeks ago, all the love and support we can give.

Bill Esterson Portrait Bill Esterson (Sefton Central) (Lab)
- Hansard - -

The hon. Member for South Swindon (Mr Buckland) talked about the children who do not enjoy the advantages that others enjoy, but surely the legislation that the Government propose does precisely the opposite of what he claims. Surely, the future of our children and their education is too important to be the subject of rushed, poorly considered and flawed legislation, but that is what is on offer from the Tory-Lib Dem coalition. It is clear from the comments of hon. Members, including those of the hon. Gentleman about the so-called consultation process, that there are fundamental flaws. What is consultative about a governing body being able to make a decision without talking to parents or the wider community? How is that proper consultation, democracy or anything other than the kind of top-down approach that Members on the Government Benches have criticised the previous Government for?

The Bill is being rushed, and rushed legislation has led to many mistakes in the past. In this case, any mistakes will be paid for by the many vulnerable children in this country whose life chances I fear will suffer. The Bill helps outstanding schools, which, by definition, are already doing well and are in the least need of extra support. The Bill diverts the Labour Government’s academies scheme from improving the weakest schools to helping the strongest at the expense of the majority of other schools—expense for the many to the benefit of the few. Hardly progressive politics.

It is almost unprecedented to rush through such major public service reform, with just a few weeks between publication of the Bill and its passage into the statute book. Such methods are commonly used only to pass emergency terrorism legislation. Parliament will have no real chance to scrutinise the detail of the proposals.

Stephen Pound Portrait Stephen Pound
- Hansard - - - Excerpts

In the short time my hon. Friend has been in the House he has won a reputation for having a forensic mind. In keeping with the point he has just made, may I draw his attention to clause 10(1)? It contains an utterly extraordinary statement, but I am sure my hon. Friend can enlighten the House as to its true meaning:

“Before entering into Academy arrangements with the Secretary of State in relation to an additional school, a person must consult such persons as the person thinks appropriate.”

That strikes me as meaning having a chat with the caretaker at best and chaos at worst. What does my hon. Friend think?

Bill Esterson Portrait Bill Esterson
- Hansard - -

I am grateful to my hon. Friend. As always, he hits the nail bang on the head. I interpreted those words as providing the opportunity to have a conversation with oneself, which would certainly fit the Bill. We are talking about inadequate legislation and my hon. Friend has identified one of the best examples of that lack of adequacy.

It is a pity that the hon. Member for Southport (Dr Pugh) has left the Chamber, because the head teacher of Churchtown primary school in Southport said that the consultation was a shambles. He, like head teachers from Sefton, recently attended some of the consultation meetings held by the Government. The feedback was that there was no information, no one was able to answer their questions and there was no opportunity to find out what the whole academy and free school programme was about. It does not inspire confidence when head teachers make such observations.

Parents’ groups and private companies will be able to open new schools with funding from the taxpayer, even where there are already sufficient places. They will take pupils from existing schools, where funding will be cut and education will suffer for the majority left behind. New buildings will be created for many free schools by using the money saved by cancelling new buildings for existing schools. In Sefton Central that means Chesterfield high school and Crosby high school, which is a special school due to be co-located with Chesterfield high school. It was an opportunity to integrate the pupils of a special school with pupils at a mainstream school and was welcomed and supported by parents, teachers and pupils. That opportunity has been taken away.

Jonathan Reynolds Portrait Jonathan Reynolds (Stalybridge and Hyde) (Lab/Co-op)
- Hansard - - - Excerpts

My hon. Friend mentioned that two schools were to be co-located to produce a better educational facility for the pupils of both schools. There is a similar situation in several areas in my constituency. Local authorities may have been relying on a capital receipt from the sale of one site but that site could now be made available for a free school, so does my hon. Friend share my concern that that would throw into doubt the entire reorganisation of education in my constituency, and perhaps in his?

--- Later in debate ---
Bill Esterson Portrait Bill Esterson
- Hansard - -

My hon. Friend makes an excellent point. In Sefton, we could have the same problem. Money that would have been available to the authority for capital projects for other schools and for educational purposes will now not be available. One of the major weaknesses of the Bill is that a bribe is being offered to the schools that go first. A bribe to outstanding schools that need that opportunity least will mean less money left behind, both capital and revenue funding, for schools that do not have the opportunity because they are not outstanding.

Lord Jackson of Peterborough Portrait Mr Stewart Jackson (Peterborough) (Con)
- Hansard - - - Excerpts

Will the hon. Gentleman give way?

Bill Esterson Portrait Bill Esterson
- Hansard - -

I have already given way twice.

Over £1 million has been committed in Sefton in progressing its Building Schools for the Future projects and £161 million nationally—money that cannot now be recovered, so that is hardly the way to cut the deficit. Free schools will be funded in other ways. With cuts in the area-based grant, the Nurture Base in Sefton will close, although it provides 10 places for children aged between four and seven, so that they can receive the support that children with behavioural difficulties need to return to mainstream school. That is part of a £2.5 million cut in Sefton that will allow outstanding schools to become academies. There is no provision in the legislation for behavioural support of the kind available in Sefton, so that is now being cut.

Another way in which the academies and free schools are being funded is from the primary capital programme, which is under review and clearly headed for a cut.

Lord Jackson of Peterborough Portrait Mr Stewart Jackson
- Hansard - - - Excerpts

Will the hon. Gentleman give way?

Bill Esterson Portrait Bill Esterson
- Hansard - -

No, I am not giving way.

Aintree Davenhill primary school has had its first phase built, but the second phase has been halted. Many of the children at that school face the prospect of continuing their education in second world war sheds, freezing in the winter and baking hot in the summer. The school faces uncertainty at best and continued appalling conditions at worst. Why? To pay for the political dogma of the governing parties.

Andrew Stephenson Portrait Andrew Stephenson (Pendle) (Con)
- Hansard - - - Excerpts

Will the hon. Gentleman give way?

Bill Esterson Portrait Bill Esterson
- Hansard - -

No, I am not giving way.

I was concerned to hear that the review of previously agreed projects extends to the previous Government’s academy programme. In the Medway towns, three academies were approved by the former Secretary of State, with the support of the former School Standards Minister and his predecessors. They had to make up for the failings of Tory-run Medway council, where the children’s services department had failed to address the long-term problems of underperforming schools, largely caused by the 11-plus and the selective system there, which contributes in no small measure to the fact that the secondary modern schools have high numbers of children with special educational needs that are not resourced properly.

Three academies are being built: Strood academy opened last September, and the Chatham and Gillingham academies open this September. In all three, the buildings are not fit for purpose. Strood and Chatham academies will open on two sites each, as they each replace two previous schools. All three academies serve deprived areas that need significant financial support. If their funding is withdrawn in favour of outstanding schools, as in the Government’s proposal, it will be one of the best examples—or worst examples, depending on someone’s viewpoint—of how the Bill will sacrifice those who are most in need of help in favour of those who need it least. I am glad that the hon. Member for Gillingham and Rainham (Rehman Chishti) is now in the Chamber to hear about the disgraceful way that the Government are failing his constituents.

Rehman Chishti Portrait Rehman Chishti (Gillingham and Rainham) (Con)
- Hansard - - - Excerpts

Will the hon. Gentleman give way?

Bill Esterson Portrait Bill Esterson
- Hansard - -

I will not get any more time if I give way, so I am not going to.

Meanwhile, as Barnet Tory council made savage cuts to schools and the rest of the public sector, its members voted for a £20,000 a year increase in the allowances for Tory cabinet members. They declared that poverty was an emotive word and that all people needed was aspiration. Barnet is the “easyCouncil”—the no-frills council—except when it comes to its Tory cabinet members.

Rehman Chishti Portrait Rehman Chishti
- Hansard - - - Excerpts

Will the hon. Gentleman give way?

Bill Esterson Portrait Bill Esterson
- Hansard - -

No, I am not giving way.

By cutting the Building Schools for the Future and the primary capital programmes and the area-based grants, the Tories are saying, “If you come from a deprived area or from a struggling school, we’re not going to support you. We will only support those schools that need it least.” Jack Stopforth of Liverpool chamber commerce commented:

“It’s all very well to talk about short-term savings for the public purse, but the long-term implications for the education base of our children and the future skills base and the effect on the private sector supply chain is profound.”

When people in that sort of position make such comments, it is time that Government Members considered the damage that the legislation will do. They should reconsider it.


--- Later in debate ---
Nick Gibb Portrait Mr Gibb
- Hansard - - - Excerpts

That is precisely what this Bill and this Government’s policy are all about. It is part of a comprehensive approach to driving up standards. This Government are determined to raise academic standards in all our schools, as the hon. Gentleman says. We will do it by improving the teaching of reading so that we no longer have the appalling situation whereby after seven years of primary education, one in five 11-year-olds still struggles with reading. We will do it by improving standards of behaviour in schools, which is why we are strengthening and clarifying teachers’ powers to search for and confiscate items such as mobile phones and iPods, as well as alcohol, drugs and weapons. It is why we are removing the statutory requirement for 24 hours’ notice of detentions and giving teachers protection from false accusations. It is also why we intend to restore rigour to our public examinations and qualifications and restore the national curriculum to a slimmed-down core of the knowledge and concepts we expect every child to know, built around subject disciplines and based on the experience of the best-performing education systems in the world.

Central to our drive, however, is liberating professionals to drive improvement across the system. We want all our schools to be run by professionals rather than by bureaucrats or by bureaucratic diktat. We want good schools to flourish, with the autonomy and independence that academy status brings. I am thinking of schools such as Mossbourne academy in Hackney, where half the pupils qualify for free school meals but where 86% achieve five or more GCSEs at grades A* to C including English and maths, and Harris city academy in Crystal Palace, where 82% achieve five or more GCSEs at grades A* to C including English and maths. Harris city academy was the first school to be awarded a perfect Ofsted score under the new inspection regime, and it now attracts about 2,000 applicants for its 180 annual places. Those schools are delivering what parents want for their children, and the Bill will deliver hundreds more such schools.

Opposition Members have raised concerns about the impact that the new free schools will have on neighbouring schools. Of course the Secretary of State will take those issues into account when assessing the validity of a new free school. However, Lord Adonis said in another place:

“The idea that parents should not be able to access new or additional school places in areas where the schools are not providing good quality places simply because the provision of those places will cause detriment to other schools fundamentally ignores the interests of parents and their right to have a decent quality school to send their children to. If there is not such a decent quality school and someone is prepared to do something substantive about it, they should be applauded”.—[Official Report, House of Lords, 21 June 2010; Vol. 719, c. 1264.]

My hon. Friend the Member for Beverley and Holderness (Mr Stuart) made the important point that the Bill builds on the academy legislation of the last Government. However, the new model agreement gives greater protection to children with special educational needs by mirroring all the requirements that apply to maintained schools. That was not the position in the funding agreement signed by the Secretary of State in the last Government.

My hon. Friend also raised the important issue of exclusions, which, he said, were running at twice the national average rate in existing academies. Many early academies that were established in very challenging areas and inherited very challenging pupils did need to exclude some children to bring about good behaviour and a new ethos, but as they became established, exclusion rates tended to fall. Many open academies have exclusion rates that are no higher than those in the rest of the local authority that they serve. Academies are required to participate in their local fair access protocols. The truth is that they have a higher proportion of children with SEN, and tend to exclude such children proportionately less.

Academies are subject to the same admission requirements as maintained schools. They must comply with admissions law and the admissions code, and are required by the funding agreement to be at the heart of their communities. Many Opposition Members raised the issue of social and community cohesion. Academies are required to be at the heart of their communities, sharing facilities with other schools and the wider community.

The hon. Member for Huddersfield (Mr Sheerman) asked why we were starting with outstanding schools. In fact, all schools have been invited to apply for academy status, not just outstanding schools. Outstanding schools will be fast-tracked because of their outstanding leadership, but we are continuing to tackle the worst-performing schools by converting them to sponsor-supported academies. All outstanding schools will be expected to help a weaker school to raise standards.

Bill Esterson Portrait Bill Esterson
- Hansard - -

Will the Minister give way?

Nick Gibb Portrait Mr Gibb
- Hansard - - - Excerpts

I will not, because there is very little time left.

The hon. Member for Huddersfield also raised the issue of free schools and faith schools, as did the hon. Member for Middlesbrough South and East Cleveland (Tom Blenkinsop). Although existing faith schools will retain their faith designation on conversion to academies, new faith schools will be able to select only 50% of their intake on the basis of faith.

I am grateful to my hon. Friend the Member for Altrincham and Sale West (Mr Brady) for his support for the Bill, largely because many of the policies in it were built on his work as shadow schools Minister in days of yore. He has visited a KIPP—Knowledge Is Power programme—school in Washington DC, which he described as “one of the most exciting schools I have ever visited.” He said, “I want these schools in this country”—as do we all.

The hon. Member for North West Durham (Pat Glass) is concerned about children with special educational needs in academies, but academies take a significantly higher proportion of children with SEN, and the evidence suggests they are less likely to exclude. I refer her to clause 1(7) of the Bill, which strengthens the position of children with SEN and imposes on new academies all the obligations on admissions and exclusions that apply to maintained schools.

The hon. Member for Southport (Dr Pugh) raised some concerns about the Bill and I would remind him that charter schools in New York have dramatically closed the gap between the poorest and those from neighbouring wealthy boroughs—by 86% in maths and 66% in English. A third of academies in this country with GCSE results in 2008 and 2009 have achieved a 15% increase in results compared with the results of their predecessor schools.

My hon. Friend the Member for Bristol North West (Charlotte Leslie) is passionate about education, and she made an excellent and thoughtful speech highlighting the enormous and widening attainment gap in this country. She is right to welcome the expectation that outstanding schools opting for academy status will help weaker schools.

My hon. Friend the Member for South West Norfolk (Elizabeth Truss) brings to the House all her experience of, and passion for, education. She pointed out how millions of children have been let down by 13 years of failed education policies. She also pointed to millions of pounds being wasted and consumed by quangos, strategies and initiatives that dictated a prescriptive approach to teaching that demoralised the profession and forced teachers to teach to the test and to fit the system. She is right to say that the new freedoms, and our plans to sweep away many of the bureaucratic burdens that are piled on to teachers and schools, will help to rejuvenate the teaching profession. This is a Government who trust the professionalism of teachers. She is also right to point out that there are extensive concerns about standards.

We are not prepared to continue with the system we inherited. We are a Government in a hurry. Head teachers are in a hurry. Every year and every month that passes by is a month or a year of a child’s education. It is a disgrace that, in 2008, of the 80,000 young people qualifying for free school meals just 45 got into Oxbridge. It is wrong that 42% of those qualifying for free school meals failed to achieve a single GCSE above a grade D. It is unacceptable that just one quarter of GCSE students achieve five or more GCSEs, including in English, maths, science and a foreign language. The coalition agreement says:

“We will promote the reform of schools in order to ensure that new providers can enter the state school system in response to parental demand”.

This Bill delivers on that agreement.

Despite some of the rhetoric from Opposition Members today, support for the Bill’s proposals goes wider than the coalition partners in this Government. There is, in fact, a broad progressive consensus that includes my right hon. and hon. Friends on the Government Benches and that extends to the liberal wing of the Labour party. In 2005 Tony Blair said:

“We need to make it easier for every school to acquire the drive and essential freedoms of academies…We want every school to be able quickly and easily to become a self-governing independent state school…All schools will be able to have academy style freedoms.”

This Bill delivers on the former Prime Minister’s aspiration. The coalition even extends to the Democratic party in the United States.

The Bill will deliver more excellent schools in the most deprived parts of our country. So far, more than 1,900 schools have expressed an interest in academy status. The Government are determined to raise standards and the Bill is part of that strategy. I commend the Bill to the House.

Question put, That the amendment be made.