Education and Adoption Bill

Baroness Laing of Elderslie Excerpts

Tuesday 23rd February 2016 Commons Chamber

[The Minister for Schools (Mr Nick Gibb)]

I beg to move, That this House agrees with Lords amendment 1.

[Madam Deputy Speaker (Mrs Eleanor Laing)]

With this it will be convenient to consider the following:

Lords amendments 2 to 6.

Lords amendment 7, and amendments (a) to (d) thereto.

Lords amendment 8, and amendment (a) thereto.

[Mr Gibb]

I am pleased to welcome the Education and Adoption Bill back to the House for consideration of amendments made in the other place. As a result of the careful scrutiny of both Houses and the strong advocacy of my noble Friend Lord Nash, the Bill returns to the House in good shape and with the potential to ensure that many more children and young people have the opportunity to realise their full potential.

Since 2010, educational standards in England have risen rapidly, and 1.4 million more pupils are now taught in schools that are judged by Ofsted to be good or outstanding. More than 80% of our schools are now good or better. Further improvements are required, however; 1.5 million pupils are still taught in schools that Ofsted judges to be less than good. To deliver educational excellence in every part of the country, we need a school system that consistently delivers high academic standards. This Bill brings forward important reforms to raise standards across the country. It will speed up the process by which failing maintained schools become sponsored academies, introduce new measures to allow us to intervene in coasting schools for the first time and ensure that we have consistent powers to take swift and decisive action when academies underperform.

Alongside reforms to improve school standards, the Bill introduces a reform of the adoption system so that more of our most vulnerable children can find stable, loving homes without delay. The way the sector has embraced the challenge of regional adoption agencies has been impressive, and my hon. Friend the Minister for Children and Families has recently announced that future funding will be available to support the sector during the transition. The move to regional adoption agencies is a widely supported manifesto commitment, and I have been delighted to see the support from across the House and in the other place for the Government’s vision. I am pleased to confirm that the adoption clause, clause 13, stands unchanged from when the Bill was first introduced.

There are eight Lords amendments to the education provisions for the consideration of the House, and the Labour party has proposed changes to two of the Lords amendments. All eight of the Lords amendments were either Government amendments or amendments that were supported by the Government, and each was accepted by all sides in the other place without a Division. I hope that we will be able to reach the same conclusion today.

Lords amendments 1 to 5 relate to coasting schools. I want to speak to the most substantive amendment in the group first, Lords amendment 5, regarding parliamentary scrutiny of the coasting regulations. The Government recognise the importance of Parliament scrutinising the detail of the coasting definition. Lords amendment 5 therefore requires that coasting regulations to be made under the Bill will be subject to the affirmative procedure the first time they are laid. Subject to parliamentary timetabling, we hope that that will take place once the 2016 performance data have been published and before any school is formally identified as coasting for the first time. In making the change, the Government have listened carefully to the concerns raised in both this House and the other place regarding appropriate parliamentary scrutiny of the coasting definition.

Subjecting the regulations to the affirmative procedure when they are laid for the first time represents the most proportionate approach. It will allow both Houses to scrutinise and approve the detail of the final coasting regulations without creating an ongoing burden on parliamentary time. Minor and technical changes could be required to the regulations following the publication of school performance data, which currently takes place twice each year, or as a result of changes to the layout or content of performance tables. Such changes would of course be uncontroversial, but if the regulations were subject to the affirmative resolution procedure each time we made such changes, they would require a full debate in both Houses. Under the negative procedure, Members of both Houses can still call a debate should they have any concerns about the changes proposed.

Lords amendment 1 seeks to improve the drafting of the Bill and to remove any unintentional element of subjectivity that could be read into its original wording. The original text states that a school will be eligible for intervention when it has been notified that the Secretary of State “considers” it to be coasting. We have been clear from the outset that we want schools to be certain about whether or not they meet the coasting definition. That is why our proposed definition is firmly based on school performance data. To ensure that schools are not left in any doubt about this, Lords amendment 1 proposes to revise the wording of clause 1 to remove the term “considers”. In doing so, it clarifies that whether or not a school is coasting is based on the absolute terms of the definition.

Lords amendment 2 provides the Secretary of State with the power to disapply the coasting clause of the Bill from certain types of schools. As currently drafted, the Bill would apply to all maintained schools, as defined in the Education and Inspections Act 2006, including special schools and maintained nursery schools. We have no intention of applying the coasting definition to some of those schools, such as maintained nursery schools, which is why we have proposed this change.

Lords amendment 3 would change the Bill’s wording to ensure the Secretary of State must make regulations to define coasting. Amendments seeking this change were tabled by the Labour party in this House, and the Government supported the amendment when it was brought forward in the other place. It has always been our intention that coasting regulations be made, and this Lords amendment will remove any doubt.

The final amendment to the coasting schools clause, Lords amendment 4, is consequential to Lords amendment 1, and is a technical change to ensure correct cross-referencing within the clause. Lords amendment 6 is also a consequential and technical amendment to make explicit two further sections of the Education and Inspections Act. I will not go into any further detail about that.

Lords amendment 7 will ensure that parents are kept informed when their child’s school is causing concern. Their ability to understand the action that is being taken to bring about improvements has been an important issue throughout the passage of the Bill. In response, the Government brought forward Lords amendment 7, which we hope will provide assurance that parents will always be kept informed when underperforming maintained schools are becoming sponsored academies.

Every parent wants their child to attend a good school. It is right that they demand quick, effective action when concerns arise. We are clear that becoming a sponsored academy will always be the solution for a maintained school that is judged inadequate by Ofsted. The Bill delivers on our manifesto commitment in that respect.