Catholic Schools (Admissions)

Damian Hinds Excerpts

Wednesday 30th April 2014 Westminster Hall

[Damian Hinds (East Hampshire) (Con)]

It is a great pleasure to serve under your chairmanship, Mr Dobbin. As we gather today to discuss matters of education and those who dedicate their lives to it, all our thoughts and prayers are naturally with the family of Ann Maguire and all the children and staff at Corpus Christi Catholic college in Leeds.

This debate was originally in the name of my hon. Friend the Member for Canterbury (Mr Brazier). He secured the debate, but he sends his apologies for being unable to attend owing to a long-standing engagement at the Ministry of Defence in Glasgow for his work on reserves. I am grateful to him for the opportunity to speak in his place and to Mr Speaker for allowing the transfer.

The Catholic Church is this country’s largest provider of secondary education, and it is the second biggest name in primary education. Altogether, the Catholic Church educates more than 800,000 children in more than 2,000 schools. The Catholic Church has always seen education as vital to the formation and development of the whole person, and historically it has prioritised the building of schools in England, even over building churches.

At their heart, Catholic schools always have a mission to provide for underprivileged children and serve a Catholic population that has primarily been made up of many waves of immigrants from France, Ireland, south Asia, the Philippines, Africa, eastern Europe and elsewhere. Under the Education Act 1944 —the Butler Act—Catholic schools became voluntary-aided schools, part of the state system but with a distinct Catholic ethos guaranteed through various legal protections. Unlike the Church of England, which is the established Church in this country, the Catholic Church has always established its schools primarily to educate Catholic children and puts substantial resources into that effort. These days, the figure is some £20 million a year.

Catholic schools today are high performers in the state sector. On average, they get higher Ofsted ratings for overall effectiveness, pastoral care and various other criteria. Their results are above average at the ages of seven, 11 and 16, and they perform strongly on value-added measures. Such schools are also plugged into their local communities. At secondary level, two in five Catholic schools are judged by Ofsted to be making an outstanding contribution to their local community, which compares with one in four schools overall. A key question is whether all that is just a coincidence and, if not, what the driving factors are behind that performance.

[Robert Flello (Stoke-on-Trent South) (Lab)]

I congratulate the hon. Gentleman on standing in for the hon. Member for Canterbury (Mr Brazier), who secured this debate. I often hear from a small number of constituents that they feel Catholic schools must be selecting only the cream of pupils. Would the hon. Member for East Hampshire (Damian Hinds) like to put on record his observations on that point?

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[Damian Hinds]

I will happily do so: I contend that the ethos and character of Catholic schools, although they are not the only factors, are key contributors to the performance of such schools in all senses. It is categorically not the case that Catholic schools get better results by being some sort of middle-class filtering service.

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

I, too, congratulate the hon. Gentleman on introducing this debate. I associate myself with his remarks on the tragedy in Leeds, which is close to my constituency. It is an awful thing to happen.

I press the hon. Gentleman on the point raised by my hon. Friend the Member for Stoke-on-Trent South (Robert Flello). When I chaired the Select Committee on Education, we found real evidence that many Christian schools, both Catholic and Anglican—I am an active Christian myself—manage to get far fewer people from poorer backgrounds than one would expect from any interpretation of the population both inside and outside the Catholic community. There is evidence, and surely the hon. Member for East Hampshire (Damian Hinds) must worry about that.

[Damian Hinds]

That would be a worry. I never had the privilege of serving under the hon. Gentleman’s distinguished chairmanship of the Education Committee, although when I subsequently served on the Committee, we had a session on similar matters, and we did not find that to be the case. Depending on our point of view and the point that one is trying to make, we can draw boundaries around schools in different ways. We can draw an immediate boundary or a wider boundary. A little later, I will go through some of the actual statistics on the intake of Catholic schools.

[Mr Sheerman]

The hon. Gentleman is being kind in giving way again. The Education Committee’s report—I am looking at the hon. Member for Isle of Wight (Mr Turner), who was a member of the Committee at the time—recommended a mandatory code for admissions, which made a difference. Under the mandatory code, schools have to obey a fair admissions policy. That is why, when the Education Committee returned to the matter, many of the problems had been resolved.

[Damian Hinds]

Catholic schools and all maintained, state-funded schools are, of course, subject to fair admissions procedures, which I will address later.

[Mr Andrew Turner (Isle of Wight) (Con)]

Will my hon. Friend bear in mind that some areas have no boundaries other than the sea? The Isle of Wight has the best secondary school, a Catholic-Anglican school, and it can be chosen by anyone.

[Damian Hinds]

I am grateful for my hon. Friend’s unique geographical perspective. This comes up time and again, and I will shortly address some of those instances, but on the key point of whether Catholic schools are some sort of filtering device for middle-class, wealthy and bright kids, the answer is no. That would be a fundamental misunderstanding of the demographic profile of this country’s Catholic population, the location of those schools and the communities that they serve.

There is a school about a mile from here across the river that may be a contender for England’s most diverse school: St Anne’s Catholic primary school in SE11. The school’s pupils come from a wide variety of ethnic backgrounds. Half of key stage 2 pupils are classed as disadvantaged, with most coming from the immediate wards, which are among the poorest in London. The school’s deprivation indicator is in the top 10%, but there are also families from higher income brackets. Altogether, pupils speak 32 different mother tongues, and 99% of pupils have English as an additional language, which is what we used to call English as a foreign language. The one thing that almost all pupils have in common is their faith, with more than 95% being baptised Catholics.

That is a striking example—that is why we politicians use such examples—but overall the profile of Catholic schools is more diverse than schools in the maintained sector in general. At primary level, the proportion of schools at which more than 5% of pupils do not speak English as their mother tongue is 57% for Catholic schools and 38% for schools overall. Some 34.5% of Catholic primary school pupils are from ethnic minority backgrounds, compared with 28.5% in the maintained sector as a whole; at secondary level, the figures are 30% for Catholic schools and 24% for other schools.

The proportion of children on free school meals at Catholic schools is somewhat lower on average than at other schools, and there are various explanations for that, but I do not think we know the answer conclusively. One thing that we do know conclusively is that pupils at Catholic schools tend to come from poorer places than children at schools in general. At secondary level, 17% of children at Catholic schools are from the most deprived wards, compared with 12% for schools overall. At both primary and secondary, Catholic schools over-index in the bottom four deciles and under-index in the top six deciles.

The diversity of Catholic schools, notwithstanding the water boundaries of some places, is partly due to the potential for much larger catchment areas. Typically, a Catholic school may have a catchment area 10 times the size of a typical community school’s catchment area. I saw a bit of that in my own schooling. The school that I went to in south Manchester had kids from leafy north Cheshire, but it also had kids from Stretford, Old Trafford, Stockport and Warrington. It really had a very wide intake.

Schools must comply with the schools admissions code, and over-subscription policies mean that Catholic schools typically give priority to Catholic children over the wider area and welcome others where there is remaining capacity. That system enables more parents who desire a Catholic education for their children to get one, bearing in mind that it is a minority religion in this country, so the population is likely to be more sparsely spread.

As has been mentioned, the admissions criteria of faith schools make regular media space-fillers. Headlines have included, “Faith schools ‘biased towards middle classes’”, “Faith schools ‘skewing admissions rules’” and, “Faith school admissions ‘unfair to immigrants’”. Those came respectively from the Daily Mail, The Daily Telegraph and The Guardian after the publication of the schools adjudicator report in 2010. As was alluded to, we had the chief adjudicator into the Education Committee to discuss that report, which was extremely fair and balanced and made hardly any reference to faith schools. Somehow, between the publication of that report, the press conference and journalists filing their copy, the story became about bell ringing, schools insisting that parents clean churches and giving priority to white middle-class families. I do not know about you, Mr Dobbin, but I struggle to think of many Catholic churches that even have a bell tower. Anyone saying that people who clean churches having priority somehow advantages white middle-class families has a poor understanding of the demographics of those who clean churches.

[Kevin Brennan (Cardiff West) (Lab)]

Does the hon. Gentleman acknowledge that the London Oratory school withdrew that requirement from its admissions criteria as a result of the adjudicator’s ruling?

[Damian Hinds]

I will tell the hon. Gentleman what I acknowledge: there are 2,000 Catholic schools in this country, and one of them is the London Oratory school. When these stories come up, they always centre on literally a handful of schools, virtually all of which are in west or south-west London. They are in no way representative of Catholic education as a whole, whether in location, resident population or type of school and so on.

[Mr Sheerman]

We all know why London Oratory became so well known: Tony Blair, the former Prime Minister, sent his children there. I always defended that, because he was, as I understand it, the first Prime Minister ever to send his children to a state school. To put the record straight for anyone reading the report of this debate, before the reforms, when I was Chair of the Education Committee, the crucial thing was not just the number of children on free school meals, but the numbers of looked-after children and children with special educational needs. Things have not much improved, but I have to put on record, as a lay canon at Wakefield cathedral, that we often found that Anglican schools were worse than Catholic schools.

[Damian Hinds]

That is probably a road that we do not want to go down today. Overall, notwithstanding the poster child cases that can be found on occasion—

[Kevin Brennan]

You mentioned the cleaning.

[Damian Hinds]

I say gently to the shadow Minister that that was represented as faith schools plural, not as one school where it was the case. The figures speak for themselves. In 2010, 337 Catholic secondary schools made 54,830 offers of a place to year 7 pupils. The number of complaints to the Office of the Schools Adjudicator about the application of the admissions code in Catholic schools was nine. In fact, there were proportionally fewer complaints about Catholic schools than there were for schools of no denomination.

There is a view that no admissions procedure or criteria should include a religious element and that if these are high-quality, sought-after schools, they should be made available equally to all, so that more people, or at least people living closer to the school, would benefit. I contend that that misses the point of what makes Catholic schools distinctive and sought after. If they were open to all, they would lose their distinctive character—not immediately, but over time.

Schools can withstand some variety, which is a good thing, in admissions. The proportion of non-Catholic children at Catholic schools today is 30%, which is probably higher than most people realise. A 50% cap on admissions would gradually erode that character in two ways. It would not only erode it directly by diluting the religious nature of the school’s population, but indirectly, because Catholic parents would cease to see a distinction between those schools and entirely non-denominational schools, as my hon. Friend the Member for Fareham (Mr Hoban) effectively argued in a recent debate in this place. Put simply, a half-Catholic school is not the same thing as a Catholic school.

The 50% cap is not in the coalition agreement, but is an interpretation of some of its wording. We would probably all agree that it was well-intentioned, because there is concern about diversity, inclusiveness and mixing in schools, and I understand the sensitivities around those topics. As I hope that I have demonstrated, Catholic schools are more diverse than the average, with mixing beyond that available in the average school. The cap is inhibiting the creation of new quality schools that will be just as sought after. It is clear that the 50% cap directly precludes the creation of Catholic free schools, because the Catholic Church feels unable to support, with all the implications of commitment that that brings, new so-called Catholic schools that would in the end have to turn away some families seeking a Catholic education for their children in favour of others who happen to live a little closer to the school.

There is an alternative, which is to create a new voluntary-aided school that can subsequently convert to an academy, and the same result could be had that way. That is not an impossible route to pursue, but there are two problems with it. First, it is a somewhat convoluted approach to reach that end, inevitably carrying additional inefficiencies and costs. Secondly, it is not as straightforward as a free school application, because voluntary-aided applications do not have the same priority as free school applications. The applicants for the new voluntary-aided school at Richmond experienced a legal challenge from the British Humanist Association, which claimed that the Government had to look first at free school applications that would have the 50% cap. That legal challenge failed, but it is inevitable that parents will feel some uncertainty about what will happen with future openings. That could affect the number of applications and the viability of such a new school.

[Kevin Brennan]

The hon. Gentleman mentioned that voluntary-aided schools do not have the same priority as new free schools. Why?

[Damian Hinds]

The hon. Gentleman is a man of letters, and he will understand that I can answer the question only in the sense of why I said that, which is because it is my understanding. It is for the Minister to talk about how these things work in practice, and he might want to contend that point.

I have some questions for the Minister. First, has the Department made projections of demand for Catholic places at schools, the growth or otherwise in the Catholic population and the propensity of parents of those children to seek a Catholic school? Secondly, has the effect of the 50% cap on applications for faith-based schools been assessed? Thirdly, would the Department consider a pilot of a Catholic free school without the 50% cap? Fourthly, is it possible to construct a new fast-track, voluntary-aided through to converter academy route that would effectively be a single process?

In conclusion, Catholic schools are a key part of the education landscape in this country, and have been for a long time. They are diverse—more diverse, in fact, than the average—and that diversity includes already having a substantial proportion of non-Catholic children. They also have something special about them, and that specialness comes at least partly as a direct result of their religious nature.

[Robert Flello]

The hon. Gentleman is being extremely generous with his time. On that point, it is the special nature of Catholic schools that appeals to many people of other religions. For example, in Stoke-on-Trent, a large proportion of the Muslim community want their children to go to the local Catholic school because of its Catholic nature. That might seem a little bizarre at first, but that is the reality.

[Damian Hinds]

I agree with the hon. Gentleman entirely. Many Catholic schools have large numbers of children of other faiths. As I came to my close, the point I was making was that the specialness of Catholic schools comes at least partly as a direct result of their religious nature. I suggest that that helps to promote cohesion and community spirit, rather than detract from it. That specialness would inevitably be eroded over time by enforcing a lower cap on admissions made on the basis of faith.

As Cardinal Vincent Nichols—as he is now—said in 2006, when faced with a not entirely similar proposal,

“Catholic schools make a positive and clear contribution, and do so in an open and proven manner. They are part of the solution. They should not be undermined.”

--- Later in debate ---

[Kevin Brennan]

No, it is not, and it will not be Labour policy. For the very reasons I have outlined, I do not think that is in any way necessary—but it is necessary that there should be fair admissions, which is the point that I am making. All schools, when they are criticised by the schools adjudicator, should not try to evade the issue. They should take it seriously and ensure that their admissions policies are meeting the criteria.

Yesterday, the former Secretary of State for Education, my right hon. Friend the Member for Sheffield, Brightside and Hillsborough (Mr Blunkett), issued a report for the Labour Front-Bench team. I will read a short bit from it, to put it on the record—although it is a consultation, it is essentially an outline of the position that Labour are taking regarding admissions. We said that

“whilst the Office of the Schools Adjudicator…annual report noted that only 10% of Local Authorities objected to the arrangements of other admission authorities in their area, the OSA has separate evidence of much more widespread non-compliance. This review recommends that the School Admissions Code is strengthened by removing the possibility of individual schools ‘opting-out’ of the locally agreed admissions framework. This would not prevent changes to arrangements locally or agreed experimentation by Admissions Authorities, but would avoid the detrimental impact of rogue action with one school damaging the admissions of other schools in the locality. This recommendation does not interfere with the role of diocesan authorities, academies or schools as their own ‘Admissions Authority’, but reinforces the necessity of agreed and coherent arrangements within the relevant local area.”

It is important to put that statement on the record, because there are concerns about the watering down of the role of the schools adjudicator by the current Government and about the continuing disintegration and fragmentation of the school system as a result of the Government’s academisation and free school policy. I commend the document to hon. Members, if they would like to read it further.

[Damian Hinds]

I am grateful to the hon. Gentleman for reading out the passage from the document, and I apologise if this is just me being hard-of-understanding, but could he explain what it means in practical terms?

[Kevin Brennan]

Yes, I can. It means that Labour will, as we previously pledged, strengthen the role of the schools adjudicator to make sure not only that admissions arrangements are fair, but that when the schools adjudicator makes a ruling, the changes are put in place—if necessary, by the schools adjudicator. I will explain that with a further quote from the document:

“It will be necessary to strengthen the OSA and re-instate its power to change admission arrangements directly on upholding an objection (rather than merely issue a ruling).”

That was a source of great contention earlier in this Parliament, when the Government removed the power of the adjudicator and effectively made it extremely difficult for parents, when they have objections to admissions arrangements, to get those changed.

[Damian Hinds]

To be clear, does that mean that in the case of faith schools, in the Labour party’s outline plans, the definition of practising a religion—or an element, I suppose, of practising a religion—would fall further towards the Office of the Schools Adjudicator and away from diocesan authorities?

[Kevin Brennan]

It need not affect in any way the essence of practising a religion, but where there are requirements—as in the case discussed earlier—for people, for example, to undertake cleaning, the Office of the Schools Adjudicator could rule that that was an unfair part of an admissions policy.

[Damian Hinds]

Forget bell ringing and cleaning—let us talk about late baptism for a moment. As a practical example, could the Office of the Schools Adjudicator decide that children having had a late baptism should not count, in a sense, as being Catholic in the same way as those who had infant baptisms?

[Kevin Brennan]

I am sufficiently well versed in Catholic theology to know that there is no distinction between Catholics, regardless of when they were baptised. Of course that would not be applicable; it would be ludicrous if that were the case.

This has been a very good debate. It is extremely important that we have an opportunity to air these subjects. I want to place on the record my support and praise for the work of Catholic schools throughout the country and to commend, as I said, the Catholic Education Service for the serious engagement that it has had with the issue in relation to admissions. I ask the Minister to respond to the questions that hon. Members have raised about the 50% rule with regard to free schools and to give an answer about why voluntary aided schools cannot be set up as quickly and easily as free schools under this Government’s policy.

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[Mr Laws]

I am coming directly to that point. I think that there is a significant difference between schools funded by taxpayers, who have the right to access schools that are, in many cases, their local schools; and schools chosen by parents who seek paid-for private education. I will go on to explain how the 50% works in practice, because it is not quite as some hon. Members have described. The Government are taking forward the principle that was in place under the academy provision created by the previous Government, so there is consistency between the 50% approach that we have taken and the previous situation. The 50% cap represents a balance between providing places for parents who want their children to be educated in line with their faith, and preserving the inclusive, broad local community focus of the school so that local parents, who may not be of that faith, can exercise their choice over state-funded schooling.

We have no reason to believe that the balance is not working effectively. Proposer groups, representing many different faiths and none, still come forward and are keen to set up free schools. Those schools are proving popular with parents. The 50% limit on faith admissions does not mean that Catholic children must be turned away once the school has reached the 50% threshold. A faith free school may end up recruiting more than 50% of pupils who share its faith as long as no more than half the places were allocated on the basis of faith. Other Catholic children have the same opportunity as all other applicants to access the remaining 50% of places, which are allocated according to the other over-subscription criteria.

We do not believe that a 50% limit on faith admissions is incompatible with the provision of high-quality faith education. Church and other faith free schools have the freedom to deliver religious education and collective worship according to the tenets of their faith and to appoint teaching staff and leaders by reference to faith. Not all Church and faith schools, even those with a faith priority in their admission arrangements, admit only children of their faith. If a faith school is under-subscribed, the school must admit all children who apply, regardless of their faith.

Many Church and faith schools choose not to adopt faith-based admission arrangements. The Catholic Education Service’s data show that the average proportion of Catholic pupils in its maintained schools is 70%, and its independent schools have an even larger proportion of non-Catholic pupils. I have been looking during the debate at the percentage of Catholic pupils in Catholic schools, which ranges from 72.8% of Catholic pupils in Catholic primary schools to 42.6% of Catholic pupils in Catholic sixth-form colleges. In the independent sector, only 36.4% of pupils in Catholic schools are Catholic. Only 5% of maintained Catholic schools and colleges—100 institutions—have entirely Catholic pupils, and 20% of Catholic schools, or 401, are already operating with half of their student body composed of non-Catholic children.

I do not believe, however—I am sure that my hon. Friend the Member for East Hampshire agrees—that the 95% of schools that do not have a fully Catholic population are not providing a high-quality Catholic education for all their pupils. Indeed, the attainment levels of Catholic schools bear that out. Many of us who have been in Catholic schools know that a school can have a large proportion of non-Catholic pupils and still maintain its faith principles. The Government and I are clear that that is one of the conditions under which non-Catholic or non-faith pupils enter Catholic or faith schools.

[Damian Hinds]

Does not what the Minister sets out raise an obvious question? If such diversity already exists, and if large numbers—30%—of pupils at Catholic schools are non-Catholic, why is there a need to impose a cap? Such a cap would come into play in places where there is a large Catholic population over a slightly wider area. Children would not be turned away for being Catholic but, inevitably, other children who happened to live a little closer to the school would be preferred in their place.

[Mr Laws]

There are two separate points. I sought to make the first point by addressing the question that my hon. Friend raised in his speech about whether it was possible to have a Catholic ethos and education in a school in which a large number of pupils were not Catholic. If he agrees that it is possible to retain that ethos, I welcome that. I come back to the issue of there being two competing rights in a state-funded school system: people’s right to choose to have their children educated in the way that they wish, and the right of taxpayers who live near state-funded schools to have some ability to access them despite the over-representation of people from the faith that the system allows.