Free Schools

Debate between Edward Timpson and Grahame Morris

Tuesday 19th November 2013 Westminster Hall

[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.