Education Bill

Lord Brady of Altrincham Excerpts

Wednesday 11th May 2011 Commons Chamber

[Mr Graham Brady (Altrincham and Sale West) (Con)]

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

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

With this it will be convenient to discuss the following:

New clause 10—Fair access to education and training—

‘(1) EA 1996 is amended as follows.

(2) In section 10 (General duty of the Secretary of State), at the end insert “and ensure fair access to opportunity for education and training.”.’.

New clause 22—Guidance on draft Regulations on pupil registration and school attendance codes—

‘The Secretary of State shall provide guidance to local authorities for dealing with families who have chosen to home educate their children prior to the implementation of the Education (Pupil Registration) (England) Regulations and the School Attendance and Absence codes.’.

Amendment 40, in clause 4, page 9, line 26, at end add

‘The Secretary of State must lay before Parliament an annual report on the numbers of students at all schools in England and Wales subject to these powers including—

(a) details as to whether these pupils have identified special educational needs or additional learning needs,

(b) the numbers of times these powers have been exercised,

(c) the previous and current status of their schooling provision,

(d) whether their exclusion was referred to a review panel, and

(e) where known the outcome of any review panel action including any financial adjustment of the schools budget share for a funding period incurred by schools as a direct consequence of the exclusion.’.

Amendment 9, in clause 34, page 33, line 4, at end insert—

‘(1A) In section 84 (Code for school admissions) in subsection (2) after “other matters”, insert “which ensure fair access to opportunity for education”.’.

Amendment 10, page 33, line 5, leave out subsection (2).

Amendment 13, page 33, line 14, leave out subsection (3) and insert—

‘(3) For section 88J (changes to admission arrangements by schools adjudicator) substitute—

“88J Implementation of decisions by adjudicator

(1) This section applies where the adjudicator has made a decision (‘the primary decision’)—

(a) under section 88H(4) on whether to uphold an objection to admission arrangements, or

(b) under section 88I(4)(b) or (5)(b) on whether admission arrangements conform with the requirements relating to admissions.

(2) If the admission authority has not amended its admission arrangements within a period of 14 days of being notified of the primary decision, the local authority for the area in which the school is situated may direct appropriate changes to any aspect of the admission arrangements in consequence of the primary decision.

(3) Following the amendment of the admission arrangements by the admission authority following a primary decision, the local authority for the area, if it considers that the changes to the admission arrangements are not consistent with the primary decision, may direct appropriate changes to any aspect of the admission arrangements in consequence of the primary decision.

(4) An admission authority which is subject to a direction under subsections (2) or (3) may ask the adjudicator to set aside the direction on the grounds that the changes to the admission arrangements contained in the local authority’s direction are not consistent with the primary decision.”.’.

Amendment 11, in schedule 10, page 83, line 4, leave out paragraphs 1 to 3.

[Mr Brady]

It is a great pleasure to have this opportunity to participate in this important debate, which has so far been excellent, with colleagues on both sides of the House making points that are focused on the important task of raising standards and extending opportunity without too much ideology and dogma getting in the way.

My new clause 2 is supported by 38 colleagues from both sides of the House—a very broad spectrum of support that reflects the fact that it demonstrates basic common sense in moving forward the educational debate. It is modest, but it would do something quite important. It seeks to remove an anomaly that the Government have themselves created, arising from the fact that in the Academies Act 2010 they legislated to allow state grammar schools to become academies without changing their admissions status, thereby accepting the principle that it is possible to be an academy and a selective school.

The new clause would merely extend exactly the same arrangements to independent schools seeking to become academies and retain their existing admissions arrangements. It would address the point made by my hon. Friend the Minister earlier when he referred to the vital importance of our excellent independent schools and excellent state schools working more closely together, breaking down the artificial divides between them and ensuring that we open up for as many children as possible access to what he describes as some of the best schools in the world, according to the OECD.

New clause 2 makes an important amendment, even though all it would do is remove an anomaly, because it would send the clear message that what matters in education is providing quality and new opportunities, and opening access to the very best schools without dogma getting in the way. At a time when the Government and the Opposition are deeply concerned with raising our performance on social mobility and ensuring that people, regardless of background, can progress in life according to their talents and abilities, the new clause would remove one of the impediments that stand in the way.

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[Andy Burnham]

The hon. Gentleman just spoke about schools opening their doors to all children. Will he confirm that under the new clause, those schools would maintain their selective admissions policies?

[Mr Brady]

Absolutely. The right hon. Gentleman is entirely correct. No new selective schools would be created under the new clause. The country would have the same schools that it has at the moment, but those schools would be able to accept people regardless of parental means and the ability to pay. It would bring more excellent schools into the state sector, satisfying the objective of the Minister.

This is not a theoretical situation. I first became interested in this area because many years ago, two independent schools in my constituency did precisely this. They opted into the state sector, in those days as grant-maintained schools. St Ambrose college and Loreto grammar school, which are both Roman Catholic selective schools, were welcomed by a previous Conservative Government into the state sector, and were allowed to maintain their ethos and admissions rules. St Ambrose college is an excellent school, which educated three Members of this House, including my hon. Friend the Member for East Hampshire (Damian Hinds). This could be called the St Ambrose and Loreto new clause.

Not only would the new clause restore the ability for excellent independent schools to come into the state sector in the way that they could under the previous Conservative Government, it would end the unfortunate state of affairs that has pertained since. Again, that is not a theoretical point. Some years ago, William Hulme’s grammar school in Manchester became an academy, but under the previous Government it was forced to abandon its selective admissions policy and become a comprehensive school. It is still a good school, but regrettably, it was required to change its ethos in a way that it had no desire to do. More worryingly, that process is continuing today. As the Minister knows, Batley grammar school is in the process of becoming an academy. Shockingly, under the present Government, it, too, is being required to change its ethos and its admissions policy in a way that would not have been required had it been a state school transferring to academy status.

I am aware of other independent schools that would be interested in pursuing this route if the Minister and the Secretary of State were to open the door to them. That point is important. Typically, these are schools that value their independence and their selective ethos, but have no desire to charge fees that might deny access to some able boys and girls who would benefit from the education that they offer. Frequently, like Batley grammar school, they are not in the most prosperous parts of the country. This measure would clearly extend opportunity to a significant number of children in less affluent parts of the country.

[Mr Graham Stuart]

Will my hon. Friend give way?

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[Mr Brady]

I happily give way to my hon. Friend, the Chairman of the Select Committee.

[Mr Stuart]

My hon. Friend paints a powerful picture. It is inspiring to imagine that schools that, because of their economic circumstances, moved away from their original foundation, which was to provide education for some of the poorest scholars in the land, will be able to return to doing that again. The pupil premium will give them the economic incentive to target children from the poorest families and provide them with high-quality education. That is a vision to fulfil the principle that the Minister talked about of ensuring that all areas of education work together to look after the needs of all children, with priority being given to the poorest families.

[Mr Brady]

I am grateful to the Chairman of the Select Committee for his support. As he said, the new clause would simply remove an obstacle that stands in the way of the noble ambition of some excellent schools that are deeply committed to educating children of whatever means. Many schools can do so because they have access to bursary funds that cover the fees for such pupils, but not all can. To give another example from my city, Manchester grammar school, which is a former direct grant grammar school, is a fantastic institution that had the ability to raise a large bursary fund, which allows it to operate its admissions in a needs-blind way. Not all good independent schools can replicate that because they do not all have as many successful and wealthy old boys.

To return to my central point, this is a modest measure that would correct an anomaly, but in doing so would sweep away an obstacle that can only be considered dogmatic. It is entirely in keeping with the existing policy of the coalition Government, who, in the Academies Act 2010, accepted the principle that selective schools can be academies. The Minister is a passionate advocate for the academies programme. He has always made it clear that opportunities should be opened and that good schools, of whatever kind, should be encouraged. I have always welcomed that in our many constructive conversations. This simple measure would open the door to more good schools accepting the principles that he has set out and accepting the hand of friendship to welcome them into the academies programme and the state sector. It would allow more children to enjoy a high-quality education without the threat of fees having to be paid. I hope that he will accept the new clause in that spirit.

[Andy Burnham]

Take two. I will speak to new clause 10 and amendments 9, 10, 11 and 13, which are in my name and those of my hon. Friends. Our main objection to the Bill is that it takes power away from parents and pupils, particularly at crucial moments in the education journey. Decisions about admissions and exclusions can be life-changing for children, and giving parents the power to challenge them is an essential part of any fair school system. Over the past decade, improvements have been made to ensure fair admissions in English schools, and the Bill will take those safeguards away. It will severely weaken parents’ rights in respect of admissions at both local and national level, and it will limit their ability to seek redress both for their own children and for others who come after them. That would be bad in any event, but when we consider that weakening of accountability in the wider context of the education system that the Government are building—a highly competitive free market—we see that it represents a real danger to the life chances of our children, particularly those with the least support.

Let us put the Government’s changes to admissions in that wider context. First, in time, there could be more than 20,000 separate admissions authorities operating in a free market, accountable only to the Secretary of State and able to bypass local checks and balances. Secondly, on top of that free-for-all we will have the polarising effect of the narrow, academic English baccalaureate. In the competitive education market, schools will desperately try to raise their bac scores, and we can see how the risk will emerge of admissions policies being constructed to support that attempt. Now is emphatically not the time to weaken the powers of the schools adjudicator to rectify non-compliance with the admissions code. With the checks and balances gone, there is a real and present danger that there could be more unfairness in the system and that parents will find it harder to get fair access to good schools.

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[Mr Gibb]

Several amendments from right hon. and hon. Members relate to fair access to schools, and I propose briefly to take them in turn.

New clause 2 would allow independent schools to enter the state-funded sector while remaining academically selective. The independent sector provides high-quality education for its pupils. We recognise this, as does the OECD; it is recognised throughout the country and, indeed, throughout the world. That is why the Academies Act 2010 enables good independent schools to become free schools so that more pupils can benefit from attending them. Independent schools wishing to become free schools will need to adopt non-selective admission arrangements that comply with the school admissions code. They may, of course, remain selective within the independent sector.

I understand the sentiments and motivation behind the new clause tabled by my hon. Friend the Member for Altrincham and Sale West (Mr Brady). He wants more good school places to be available in the state sector; that is the driving force behind the Government’s free school policy. As he said, independent schools came into the state sector under the previous Government, not least Belvedere school in Liverpool and William Hulme’s grammar school in Manchester. However, I suspect that selection is not as paramount an issue for independent schools coming into the state sector as he believes. I give him this assurance: the Secretary of State and I will talk to any independent school, whether selective or otherwise, about moving into the state sector so that we can increase the number of good school places. Selective independent schools are required to open up their admissions if they come into the state sector, and we have no plans to change that. I would expect that my hon. Friend, in his principled way, will continue to argue his case as effectively as he has today.

[Mr Brady]

I assure my hon. Friend that I will continue to argue the case in a principled way if I can. I take it from his remarks that there is no principled objection to the existence of selective academies, because several of the new academies are selective schools, and no principled objection to independent schools becoming academies. He has kindly said that he and the Secretary of State will be prepared to meet the heads of selective independent schools that may wish to become academies. Perhaps he could help me a little further by indicating that he sees no immovable reason why in future the Department might not change its policy and allow good schools from the independent sector to become academies, opening up places to children regardless of the ability to pay, even if they are selective schools.

[Mr Gibb]

I thought that I had made the position clear. There are no plans to change that approach. We made it clear before the election that there will be no increase in the number of selective schools, and that remains the policy. I am sure that my hon. Friend will continue to argue his case very effectively.

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[Mr Brady]

I would hate good people involved in education to waste their time, so I want to be clear about whether it is worth good independent selective schools having the conversations that the Minister has generously offered with himself and the Secretary of State. Do they have open minds on whether those schools might be able to join the academies sector in future without changing their ethos?

[Mr Gibb]

I really cannot add anything to what I have said. We will talk to good independent schools, selective or otherwise, that wish to come into the state sector. However, the admissions code is there, it is clear, the legal position is clear, and there are no proposals to change that position.

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[Mr Brady]

I shall not detain the House for long. New clause 2 was a modest but practical measure that would have extended opportunities to children of limited means. I am disappointed that my hon. Friend the Minister feels unable to give it stronger support, but I also hope that the other place will return to this important issue. I beg to ask leave to withdraw the clause.

Clause, by leave, withdrawn.

New Clause 5

Payments in relation to full-time, post-16 education

‘(1) EA 1996 is amended as follows.

(2) In section 518, after subsection (2), insert—

“(3) The Secretary of State must make regulations in relation to the payment of any allowance or bursary to any eligible applicant who is over compulsory school age but aged 18 or under and who attends a full-time further education course in England in a school sixth form or at a Further Education College or at a sixth form college, or who is on a Foundation Education programme or who is on a Foundation Education programme or who is on a ‘Programme-Led Apprenticeship’.

(4) Payments under subsection (3) shall be subject to the eligible recipient attending every learning session in connection with an eligible education course unless the recognised educational institution has authorised every absence.”.’.—(Nic Dakin.)

Brought up, and read the First time.

[Nic Dakin (Scunthorpe) (Lab)]

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