Free Schools

Edward Timpson Excerpts

Tuesday 19th November 2013 Westminster Hall

[The Parliamentary Under-Secretary of State for Education (Mr Edward Timpson)]

It is a pleasure, Mr Gray, to serve under your chairmanship. I congratulate the hon. Member for Gateshead (Ian Mearns) on securing this welcome debate. He has made a long and distinguished contribution to education, both in the House as a member of the Select Committee on Education—I look forward to seeing him tomorrow when we discuss progress on child protection—and in his constituency as a governor of three schools. He is not a man to boast about his achievements, so it falls to me to note that he is a governor of Thomas Hepburn community academy, one of the most recent academy conversions. In 2007, he received a governor of the year award from my Department, so he is well versed and experienced in these matters.

I am sure the hon. Gentleman agrees, as an academy governor, that poor educational performance is always unacceptable, as is poor management of a school, and that the primary duty of every governing body is to ensure that its school improves. In that spirit, I hope he also agrees that the Government’s reforms have gone further to ensure that schools and their governing bodies are properly held to account and that all state-funded education providers—free schools and other academies—are more tightly regulated than they have ever been.

That tightening of the accountability framework has been achieved while freeing up head teachers, academy principals and governing bodies from unnecessary prescription and bureaucracy, and enabling the innovation that the hon. Member for Cardiff West (Kevin Brennan) rightly championed. That freedom to innovate and to respond to the particular needs of pupils enables them to raise standards. Hon. Members throughout the House share the aim of raising the standard of education for all children so that they have every opportunity to reach their full potential.

[Nia Griffith]

Will the Minister explain why allowing free schools complete freedom over the curriculum is the best way forward given that a Conservative Government, with cross-party consensus, agreed that there should be a national curriculum to ensure that all children had at least that broad base of education that was agreed across the board for everyone?

[Mr Timpson]

As the hon. Lady is aware, we have recently streamlined and revised the curriculum to concentrate on core aspects of education, which is right. We also believe that head teachers and teachers in schools are best placed to ensure that children receive the learning they require to bring about the best possible education attainment. That is borne out by the achievements, which I will come to, of free schools and academies in outperforming local authority-maintained schools in being outstanding or good with outstanding features. That is the outcome we want, and it must always be the driver for intervention.

[Nia Griffith]

Will the Minister give way?

[Mr Timpson]

I will give way, but I have a lot to get through and the hon. Lady should be aware that I may not get through it as a consequence of giving way.

[Nia Griffith]

Can the Minister explain how he will ensure that the curriculum provided by head teachers is up to standard and that we will not have the sort of catastrophes that we are seeing on the financial side? How will that be inspected?

[Mr Timpson]

I have just explained that we can establish the success or otherwise of a school’s educational achievements by its results, as well as the fact that every free school and academy has a full Ofsted inspection within two years. That remains the case. We also believe that when a school is outstanding, accountability is clear and that should be reflected in the level of inspection.

Free schools and academies are free to spend their money as they choose. We do not bind them to purchase services such as payroll or human resources from their local authority; they can broker better-value deals elsewhere, leaving them with more money to spend on pupils. They can use their judgment and budgetary freedom to pay teachers appropriately to attract the best practitioners, even if they do not hold formal teaching qualifications.

Recently, we have had some interesting and lively debates about the importance or otherwise of having qualified teachers in schools. We can all cite the names of unqualified teachers who have made a huge contribution to children and schools. We heard an example this morning from my hon. Friend the Member for Southport (John Pugh) about his contribution over a long period.

The evidence is clear that that approach is working. Ofsted has rated almost three quarters of the 25 free schools inspected so far as good or outstanding, and that is happening under the tougher new inspection framework that Ofsted introduced. That compares well with maintained schools inspected against the same criteria in the same year, of which only 64% were rated good or outstanding.

The majority of open free schools represent entirely new provision and will not post their key stage 2 or GCSE results for some time, but every free school is an academy with the same freedoms. That is important because we already have clear evidence that academies work and out-perform local authority schools at both primary and secondary level.

The hon. Member for Easington (Grahame M. Morris) referred to the success of Easington academy, which is hugely welcome. When outstanding education is provided, wherever it happens to be, it should be commended. I will, of course, pass his invitation to the Secretary of State to visit him and his constituency in the near future. As a former undergraduate of Durham university, I know what a wonderful part of the country it is, and I always recommend that people visit it.

[Kevin Brennan]

I know that the Minister wants to trumpet achievements, but I am sure he also wants to answer questions. He mentioned HR contracts and that free schools should have the freedom to do what they like about such contracts. Is he aware that Channel 4’s report last night on the Al-Madinah school said that Javid Akhtar was the governor responsible for chairing the school’s HR committee, and was also the managing director of Prestige HR Solutions, which was awarded the contract to run Al-Madinah’s HR services? Does that not illustrate absolutely what is wrong with having no proper oversight of such issues?

[Mr Timpson]

I will come to the quid pro quo of accountability against the freedom given to academies and free schools.

The hon. Gentleman made a particular point about the Al-Madinah free school. As he said, the Minister, my noble Friend Lord Nash, is currently up there talking to the school governors to decide what the next steps will be, so it would be wrong and inappropriate for me to comment specifically on the details of the case. Nevertheless, it is important that although there is clear evidence of success and achievement in free schools by virtue of the freedom provided to them, it is also right that there is tighter accountability as the balancing side of the equation.

For free schools, the need to demonstrate educational and financial rigour starts from the very moment when they submit an application to open a school. Every application is assessed against rigorous, published criteria. Free school proposers need to show how their school will drive up standards for all pupils as well as demonstrating financial resilience. The criteria also cover governance, an issue raised by a number of hon. Members. We need proposers to show that they have the capacity, skills and experience to set up and run an effective academy, as well as showing demand from parents.

Proposers are rigorously tested at interview against all those criteria, and testing continues once they are approved into pre-opening. As proposers refine their plans and are able to gauge with increasing accuracy the number of pupils that they expect to secure in their first year, we test their financial assumptions, challenging them to ensure viability. When we are not happy with the progress made, we can rightly require groups to bring in more expertise or make other changes. However, we are also not afraid to cancel or defer projects when we do not think that the new school will provide the very best for its pupils or provide good value for money for the taxpayer.

The hon. Member for Easington spoke about value for money. He may be aware that under paragraph 2.5 of the academies financial handbook, there is a requirement to complete a value-for-money statement each year explaining how the trust

“has secured value for money”.

That is both sent to the Education Funding Agency and published on the DFE website. The hon. Gentleman can find that information for himself and do with it what he wishes.

Before every free school opens, it is inspected by Ofsted against the independent school standards. Although it is impossible for Ofsted to make a judgment on the educational delivery of a school that has not yet opened, the inspectorate looks closely at all other aspects of the school’s policies and procedures covered by the standards. The quality of the premises of a free school has been mentioned. Hon. Members may be interested to know that under part 5 of the Education (Independent School Standards) (England) Regulations 2010, on premises and accommodation, there are set minimum standards for premises for free schools that are identical to those for maintained schools, so there is no differentiation in the standards required.

Ofsted’s pre-registration inspection also considers how well the school is set up to ensure the spiritual, moral, social and cultural development of its pupils, as well as to secure their welfare, health and safety. The inspectors will check the school’s safeguarding policies as well as health and safety protocols, and ensure that procedures for checking the suitability of staff are appropriate. Ofsted will also make recommendations to the Secretary of State on conditions that it believes free schools should meet before opening their doors, in order to meet the independent school standards that I referred to.

The Secretary of State will not enter into a funding agreement to open any free school unless satisfied that the school will provide a good standard of education and be financially viable. No free school has opened without satisfying the Secretary of State that the school has addressed, or is on track to address, the issues raised by Ofsted. I challenge any hon. Members present to put forward any maintained school, including even recently established provision, that has been subjected to the same breadth and depth of scrutiny as we now apply to every free school before they even open their doors.

[Grahame M. Morris]

The Minister is being generous in giving way, and he has responded to the points that have been raised. He quoted the relevant paragraph that relates to scrutiny of whether a free school offers value for money, but does he believe that a school with 31 pupils and six staff offers value for money for the public purse?

[Mr Timpson]

Every school is free to decide the right ratio of pupils and staff, whether it is a special school or a particular type of school. If the result is that those children are achieving high-quality standards of education, that is a good outcome.

The hon. Member for Cardiff West, with his usual “Morecambe and Wise” approach to such debates, asked some serious and specific questions, particularly about correspondence in the Al-Madinah case. He asked whether there had been any correspondence from the police on Al-Madinah before it opened. I am not aware that there has been any correspondence, but I will make further inquiries and endeavour to write to him in the usual way. He also asked about the Barnfield Federation in Luton and the publication of investigation reports. We have a commitment to publish investigation reports, but we have to publish them at the right time. In the case of Kings science academy, for example, that was when the disciplinary action was complete. It is worth remembering, of course, that Barnfield is not only a free school, but a multi-academy trust. Nevertheless, the commitment remains, and it will be done with due diligence and in a timely fashion.

In terms of where the oversight continues with free schools, we do not back away once a free school opens. First, and most importantly, every free school is inspected by Ofsted under the same section 5 inspection criteria applied to every maintained school and academy. We know that there is no sharper tool available to us in securing proper scrutiny of schools than Ofsted, so it is essential that every free school is inspected.

Inspections typically take place in the school’s second year of opening. Before their Ofsted inspection, free schools will receive at least two visits by the Department’s education advisers, who are individuals with a proven track record of delivering school improvement. Those visits, which take place in the school’s first and fourth terms, allow us to ensure that the schools are delivering a high standard of education.

In the overwhelming majority of cases, free schools and academies succeed and standards rise, but the Department is not short of options should they fail. When there is sustained poor academic performance at an academy, Ministers can issue a warning notice to the relevant trust, demanding urgent action to bring about substantial improvements.

A question was asked about the number of warning notices sent by the Secretary of State. One warning notice has been sent to Kings on finance—it is the only one—and there are no notices to improve on education. Ultimately, failure to improve can lead to termination according to the provision set out in each trust’s funding agreement.

[Bill Esterson]

Is the Minister aware of a survey of free school parents in London who want local authority involvement in the oversight of free schools? Are those parents right or wrong?

[Mr Timpson]

It is welcome that parents are involving themselves in the setting up and running of free schools. In terms of oversight of those free schools, there seems to be confusion on the Opposition Benches about what exactly the involvement of the local authority should be. On the one hand, the shadow Secretary of State for Education wants to put rocket boosters under free schools, and on the other, the Leader of the Opposition seems to want to go in the opposite direction. Some clarity on exactly where they stand on the issue would be helpful.

We can all agree that driving up the quality of standards of education for our children has to be a key priority. The Government believe—and have been backed up by parents who have come forward, despite sometimes difficult opposition, to help set up many free schools; many more are in the pipeline—that free schools provide better choice, better value, strong accountability, and ultimately better standards, which has already been borne out by what we have seen in the past three years.

We know that that great reformer of education, Lord Adonis, got it right when he said that free schools are a

“powerful engine of equality and social mobility”.

We hope and trust that many more children will benefit from such opportunities in the years ahead. We would welcome any parents who want to come forward, particularly in Gateshead and the north-east, where, sadly, we still have no free schools to speak of. If they have a strong desire to do that, we will consider their cases very carefully.

[Mr James Gray (in the Chair)]

Order. I would be grateful if hon. Members who have taken part in the debate would move swiftly from the Chamber, so that we can progress immediately to the next debate, which is on the important subject of UK relations with Gibraltar and Spain.