School Admissions Bill

Christopher Chope Excerpts

Friday 7th November 2014 Commons Chamber

[Mr Christopher Chope (Christchurch) (Con)]

I beg to move, That the Bill be now read a Second time.

This is a very small Bill. It consists of two clauses, the second of which merely deals with the extent, commencement and short title, and the first of which is also very short. Gaps, anomalies, inconsistencies and injustices in the law or regulations are often brought to our attention as a result of constituency cases, which is what happened in this instance.

The Bill deals with the very narrow issue of whether

“pupils with a parent with a terminal or seriously disabling illness”

should

“receive priority in the admissions process to maintained schools”

in the same way as, for instance, looked-after children. It arises from the case of my constituents Mr and Mrs Amey. Mrs Amey is extremely unwell: she suffers from what is thought to be a terminal condition. She was distraught when her son George was unable to join his sibling at Mudeford infant school, which said that it had no space for him. An appeal was made through the county council system, and was rejected.

I took the view, on behalf of my constituents, that that was absurd. I was able to secure the support of the then Secretary of State for Education, who very helpfully wrote to the county council saying that he agreed with me that the situation was wholly unsatisfactory, and hoped that the council would do something about it. The council set up another appeal hearing, the outcome of which was that George Amey was able to go to that school. However, a similar problem arose earlier this year, when George wanted to move to Mudeford junior school. I will not go into all the details, but ultimately, after an enormous amount of anguish, he has obtained a place there.

Looked-after children are given special priority when it comes to school admissions, and I do not criticise that at all. They are given special priority because they live with foster parents or are in the process of being adopted, which means that they may need to move to a different catchment area. If the adoptive parents of a looked-after child are unable to get the child into the local school, all sorts of additional problems will be created as attempts are made to ensure that the child can have as normal a life as possible.

I think that giving such children priority is perfectly sensible, but I think that it is also sensible to take account of the circumstances of children whose parents are terminally ill or suffer from a seriously disabling illness. The journey to school may be much more burdensome for such a parent, and the child will be under a lot of pressure because of the parent’s illness. A parent with a disability may have to move away from the catchment area of a school that is already attended by his or her child’s elder sibling in order to live in specialist housing such as a bungalow, so that there is no need to climb stairs. Accommodation of that kind may not be available in the catchment area. As a consequence, the child will lose its priority in the system.

I know that the principle of my short Bill has been accepted by the former Secretary of State for Education, because it was on the basis of the very narrow anomaly with which it seeks to deal that he intervened so helpfully in the case of Mr and Mrs Amey and their son George. It seems to me that one way of resolving that anomaly would be to ensure that, as clause 1 proposes,

“Any reference to a looked after child in the Schools Admission Code issued under Section 84 of the School Standards and Framework Act 1998 shall be taken to include a reference to a child with a parent or guardian who is terminally ill or suffering a seriously disabling illness.”

I do not think that there is any need to elaborate on that.

[Mr David Nuttall (Bury North) (Con)]

Does my hon. Friend think that one way of resolving the problem would be to clarify the existing code by ensuring that it includes those crucial words when it is next issued? Perhaps the Minister could give such an assurance.

[Mr Chope]

I agree with my hon. Friend, and I thank him for his intervention.

I have a great deal of respect for my hon. Friend the Member for West Worcestershire (Harriett Baldwin), who I see is sitting in the Minister’s place. I am not sure whether she is, in fact, now a schools Minister.

[The Lord Commissioner of Her Majesty's Treasury (Harriett Baldwin)]

Let me reassure my hon. Friend: I am not only a Minister in Her Majesty’s Government, but the Whip for the Department for Education.

[Mr Chope]

I am grateful to my hon. Friend for her clarification. As you will know, Madam Deputy Speaker, there is a difference between being a Whip and being a Minister. I am delighted to know that my hon. Friend, who is a very distinguished Whip, has the responsibility of being the Whip for the Department for Education. She has more credibility on the Front Bench than, for example, a Whip dealing with a different Department would have. When she responds to the debate, she will obviously be able to speak with more authority on behalf of the Secretary of State for Education, which is what I wanted to ensure would happen.

--- Later in debate ---

[Harriett Baldwin]

I thank my hon. Friend for his pertinent question. I understand that the Bill received its First Reading earlier this year. One would like to think that, although the views expressed in the Bill were not formally a part of the 444 responses to the consultation, they would none the less be taken into account by the Department. I am sure that my hon. Friend the Member for Christchurch will also have sent a letter on behalf of his constituents under the previous Secretary of State. The 444 responses are listed in the back of the Government document. I looked through it earlier to see whether the Bill was included in the responses, and I can confirm that it is not specifically mentioned in the Government’s documentation. However, he has used the mechanism of this proposed legislative change to make his views known.

I can summarise the results of the consultation for my hon. Friend. They have resulted in the Government proposing specific, limited revisions to the admissions code. As I have said, 444 written responses were received by 29 September, and the Government have held discussions with interested groups. The hon. Member for Cardiff South and Penarth (Stephen Doughty) asked whether discussions had taken place with people with specific caring responsibilities. Having looked through the list of 444 responses, I note that none of the organisations stood out as the kind of organisation that he would put into that category. I can assure him, however, that discussions are ongoing with all the interested groups with a view to meeting their needs for the admission code. I hope that that answers his question.

The overriding aim of the code is to ensure that admission authorities have clear, objective and fair oversubscription criteria. It is for the authorities themselves to decide which criteria to adopt, but the code sets out the most common ones, including giving priority based on social and medical need. I have drawn the House’s attention to the fact that that is set out in paragraph 1.16 of the code.

The Government want children to be able to attend a school of their parents’ choice whenever possible but, when a school receives more applications than it has places available, we believe that those places must be allocated in accordance with the school’s published oversubscription criteria. I am pleased to say that the vast majority of parents are offered a place for their child at their preferred school. In the most recent entry year, 2014, 86.5% of parents in England were offered a place at their first preference school. In addition, 95.6% of children—so nearly 97%—were offered a place at one of their top three preferences, and 96.6% were offered a place at any of their preferred schools.

The Government have just agreed to some specific, limited revisions to the code. They are designed to improve the fair and open allocation of places and, it is worth emphasising, to support fair access for the most disadvantaged children and provide additional clarity to some provisions that had not been found to be completely clear. The limited time scale did prevent more substantial changes from being considered but, subject to parliamentary approval, which we hope is imminent, the revised code will come into force on 19 December.

[Mr Chope]

Will my hon. Friend confirm that if the revised code includes the same expression of “social and medical need”, that will cover the need of a parent and not just of a child?

[Harriett Baldwin]

I thank my hon. Friend for, again, being assiduous on behalf of his constituents on that drafting. He has a copy of the code in front of him, as I do. I have read the wording from paragraph 1.16 into the record, and it is my view that individual schools would have some latitude on taking into account social and medical need because of the following wording:

“If admission authorities decide to use social and medical need”.

He would like things spelt out in statutory legislation, but the wording allows admission authorities some leeway without putting things on to a statutory footing. I reassure him that we will evaluate the impact of the new proposals once they have come into effect, and will certainly do that ahead of any future revision of the code. We will examine his proposal, along with any others made as part of the process. On the question raised by my hon. Friend the Member for Bury North (Mr Nuttall), one thing that my hon. Friend the Member for Christchurch has clearly done by highlighting this issue today is ensure that the circumstances he has described so eloquently are fed into that ongoing review of the code.

The hon. Member for Cardiff South and Penarth (Stephen Doughty) touched on other aspects of the code. The code requires only that priority be given to a specific group of vulnerable people: those with a statement of special educational needs or an education, health and care plan naming the school; looked-after children; and previously looked-after children. Beyond that, the code states that admissions authorities must have their oversubscription criteria clearly, objectively and fairly set out. It is for admission authorities to decide exactly which oversubscription criteria to adopt, but the code does set out the most common criteria.

The Government believe that paragraph 1.16 is a broad provision, which can be interpreted to cover the social and medical condition of the child, the parent or both. We have no definitive data on this, but we do know anecdotally and from correspondence to the Department that a number of admission authorities do use social and medical criteria in their oversubscription criteria. At this point, I cannot say from the Dispatch Box whether Dorset county council is one of those, but I would be happy to follow this up and write to my hon. Friend the Member for Christchurch about it. We believe it is for admission authorities to decide whether to adopt these criteria and, where they do, to decide what ranking they should have, based on local needs and circumstances.

Any proposal requiring that all admissions authorities must give priority to pupils with a parent with a terminal or seriously disabling illness would require a change to the statutory code and the supporting legislation. It is not the Department’s intention at the moment to do that, other than in terms of the minor adjustments the Government have agreed to in the consultation that has just been responded to.

The overarching aim of our changes is to improve the fair and open allocation of school places. The changes are intended to provide greater freedom to schools and to clarify some of the existing provisions. For example, they allow all state-funded schools to give priority in their admission arrangements to children eligible for pupil or service pupil premium funding. In this of all weeks, it is important to emphasise the way in which the Government have tried to make it easier for the children of our armed forces to get an education in the school of their parents’ choice.

The changes also allow all admission authorities of primary schools to give priority in their admission arrangements to children eligible for the pupil or service pupil premium who attended a nursery that is part of the school. As part of that change, barriers to schools offering optional wrap-around care will be removed or reduced by ensuring that any charges paid by parents for such child care would not prevent their children from being prioritised.

The Government intend to make the following minor changes: to revise the timetable for admission arrangements; to bring forward dates for admission authorities to consult locally and to reduce the duration of such a consultation from eight weeks to just six weeks; to require the admission authorities to amend their admission arrangements to comply with the code within two months of a decision by the school’s adjudicator where the adjudicator rules that the arrangements are unlawful; to clarify the provisions relating to the admission of summer-born children to aid decision-making for admission authorities. I am sure that everyone is familiar with the particular challenges faced by children who are born towards the end of August, and the question over which year at school they should be entered. Madam Deputy Speaker, I note that you are vigorously nodding your head in agreement. I am pleased to draw your attention to that particular clarification.

Other minor changes include: extending priority for admission to all previously looked after children—I am talking about children not only who are currently being looked after but who have previously, at any time, been looked after—and making a number of minor technical drafting changes to improve the clarity of certain existing provisions. For example, we wish to make it explicit to parents that their child is entitled to a full-time place in reception.

I have run through some of the minor changes to the admissions code that the Government will bring forward. I hope that I have reassured my hon. Friend the Member for Christchurch that his case is exactly what paragraph 1.16 of the code is designed to address. I know that he has been fantastically effective at not only representing his constituents in this particular case but using the vehicle of the private Member’s Bill and the full armoury of this House to raise, on behalf of his constituents as their voice in Parliament, these important matters. Having outlined the limited changes that we propose to make to the code, which will take effect on 19 December 2014, I hope that my hon. Friend will see that the case and the circumstances of his constituents are exactly those that the code is designed to cover.

I am happy to go through some more examples that would be covered by the school admissions code. I think I have answered the questions of the hon. Member for Cardiff South and Penarth, and of my hon. Friend the Member for Christchurch.

Given the comprehensive nature of my remarks, I hope that I have convinced my hon. Friend that we do not need to move forward on a legislative basis. The extensive school admissions code, which runs to more than 38 pages, covers the situation that he described on behalf of his constituents. I therefore urge him to withdraw the motion.

[Mr Chope]

With the leave of the House, Madam Deputy Speaker.

I shall respond briefly to my hon. Friend the Minister. I had not realised that she was, effectively, a fully fledged Education Minister. Certainly her performance this afternoon would suggest that she has years and years of experience of speaking at the Dispatch Box on these important matters. I congratulate and thank my hon. Friend for what she has done to serve the House today. She asks whether I am convinced and the short answer is that I am convinced, and it is not often that I can say that in response to a Minister.

My hon. Friend has given a full and constructive response, and has helpfully put on record the Government’s view that when we define “social and medical need” in paragraph 1.16 of the school admissions code, we are referring not just to the social and medical need of the child or children but also to the social and medical need of the parents. That is an important point of clarification, and will be useful to admissions authorities when they consider whether to adopt the provision.

I am with my hon. Friend on the need to combine as much permissiveness as possible with the minimum amount of prescription. It seems, on the basis of the code, which is to be revised and brought into effect on 19 December, that the Government have managed to establish a balance between those two sides. I am delighted that we have been able to make progress on the general application of an issue arising from a specific constituency case and I am sure that will give my constituents substantial reassurance.

I beg to ask leave to withdraw the motion.

Motion and Bill, by leave, withdrawn.