112 Graham Stuart debates involving the Department for Education

Education Bill

Graham Stuart Excerpts
Monday 14th November 2011

(14 years, 5 months ago)

Commons Chamber
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Nick Gibb Portrait Mr Gibb
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Yes, of course, but we are talking about the effect on individuals, and if there is just one case of someone suffering such publicity about what turns out to be a false allegation, that is one case too many, as such allegations can have devastating consequences on teachers both socially and career-wise. The publicity that just one such case receives also reverberates throughout the teaching profession, undermining teachers’ morale and making them unduly cautious about maintaining discipline in our classrooms. If we are interested in the welfare of pupils in our schools, we have to make sure they are taught in ordered and safe environments, free from bullying and other disruptive activities.

I thought, however, that the hon. Gentleman was concerned in Committee less about the prevalence of such allegations and more about the question of whether these provisions should be extended to other sectors of the workforce. We have proceeded extremely cautiously, taking into account the fact that we must preserve press freedom as well as the integrity of teachers and their being innocent until proven otherwise.

Graham Stuart Portrait Mr Graham Stuart (Beverley and Holderness) (Con)
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As my hon. Friend knows, I am sympathetic to the Government’s intentions in this regard as well, but I am concerned about press freedom and I would be grateful if he could set out the case for teachers alone being given this exemption from publicity. Such allegations could be equally devastating to members of a different profession. Might this provision prove to be the thin end of the wedge in that there could be a great deal more press censorship and the public will not be able to know about allegations made against people in their local community?

Nick Gibb Portrait Mr Gibb
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My hon. Friend, the Chairman of the Education Committee, makes a good point, but teachers are very much on the front line of maintaining discipline in the classroom. We conducted a survey of 116 local authority designated officers—LADOs—and its findings support the view that teachers are particularly vulnerable to false allegations. Some 23% of allegations against staff in all sectors were made against teachers, and almost half of those were found to be unsubstantiated, malicious or unfounded. The proportion that related to other staff in schools was significantly low: from recollection I think that it was about 14%, compared with the 23% that applied to teachers.

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Nick Gibb Portrait Mr Gibb
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I am happy to think further about those issues. However, the point of the proposal is that it is difficult for schools to achieve from Ofsted the accolade of outstanding. I am sure that the hon. Gentleman and the hon. Member for Liverpool, West Derby (Stephen Twigg) have visited schools that are categorised by Ofsted as outstanding. It is clear why those schools have been so categorised. I was at a school last week in Wiltshire that had been categorised by Ofsted as outstanding in all 27 categories. I believe that it was the first school to be given such a grading.

Graham Stuart Portrait Mr Graham Stuart
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The Minister is absolutely right to have proportionate inspection. We need to be careful to ensure that outstanding schools that may end up coasting or dropping their standards are picked up. If the shadow Minister is suggesting that it would be a better policy to inspect every school, however outstanding, all the time, he is completely wrong. A proportionate approach with the right safeguards and triggers in place and with constant review of those triggers is the right way to go. The Government are right on this issue.

Nick Gibb Portrait Mr Gibb
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My hon. Friend is right that one has to be proportionate in these issues. Ultimately, this is a matter for the chief inspector of schools. If the results of an outstanding school start to decline, as was hinted at by the hon. Member for Cardiff West, it will be picked up in the risk assessment. He has made important points and we will, of course, reflect on them in the usual way.

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Graham Stuart Portrait Mr Graham Stuart
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In the Lords, the Government accepted various amendments to limit the impact of such fines on global companies, which is welcome, but the measure was introduced with very little consultation. What is the evidence that we need fines to get awarding bodies to comply with Ofqual? What is the evidence that there is a problem to which fines provide an answer?

Nick Gibb Portrait Mr Gibb
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My hon. Friend will have seen over the summer some of the errors in the exams. They are unacceptable. We believe that the awarding organisations should not make the quantum and seriousness of those errors again. Other regulators have such powers, and if he bears with me, I will try to set out why we introduced those provisions.

The provisions in Lords amendments 16 and 17 are broadly consistent with the Regulatory Enforcement and Sanctions Act 2008. As many hon. Members will know, including my hon. Friend, the Act provides many other regulators with a toolkit of sanctions that are risk based, consistent, proportionate and effective. Ofqual currently has only two types of sanction available to it: the power to direct an awarding organisation; and the dramatic, nuclear option of partial or full withdrawal of recognition. In addition, before Ofqual can use its current enforcement powers, it must be the case that an awarding organisation’s failure to comply with a condition has prejudiced, or is likely to prejudice, either the proper award of a qualification or students who might reasonably be expected to seek to obtain such a qualification awarded by that organisation.

The Government believe that those tests unnecessarily limit Ofqual’s powers and could reduce its capacity to take timely and proportionate enforcement action. Removing the tests and giving Ofqual a power to fine will help to prevent the kind of mistakes in exam papers that we saw last summer, which undermine the hard work of the pupils who sat them. That is the purpose of Lords amendment 16, and Lords amendment 17 confers similar powers on Welsh Ministers as the regulators of Welsh qualifications.

Graham Stuart Portrait Mr Stuart
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I am grateful to the Minister for setting out the Government’s thinking, but I am not entirely persuaded. The currency on which awarding bodies trade is their reputation. Notwithstanding the problems this summer, they needed no fine or massive regulatory hammer to bring them to book. All awarding bodies would immediately seek to improve their systems following such errors—I believe they did so. It feels as if we are introducing sanctions that are unnecessary for the workings of that market. The Government have pledged to eschew unnecessary regulations unless there is an overwhelming case, but I am not sure that the errors last summer make that overwhelming case.

Nick Gibb Portrait Mr Gibb
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I must disagree with my hon. Friend, because the seriousness of the errors was not just in their number—I believe there were 13 errors in exam papers this summer. What was particularly serious was the fact that when we asked awarding bodies to check that there were no further errors, they affirmed that they had done so or that they would do so, but then new errors appeared. That is why what happened this summer was so serious rather than the initial errors in the papers.

On reputation and the market, all the main awarding bodies had errors, so there is no market mechanism—no one of them could say, “We had no errors but the others did.” My third argument is that all regulators have such powers. We cannot rely on the nuclear option of ending accreditation.

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Lord Brennan of Canton Portrait Kevin Brennan
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I was indeed going to be generous—about the powers of persuasion of our Front Benchers in the House of Lords. They persuaded the Government—more effectively than my hon. Friends and I in the Commons did—to change their mind on one or two issues, which I shall come to in a moment.

The Minister has taken the trouble to talk us through the Lords amendments, as he said he would, but some questions emerge from what he said that, if he has the leave of the House to speak later in the debate, I hope he will answer. Lords amendments 1 to 4 relate to clause 8 and the Secretary of State’s functions in relation to teachers. The Bill abolishes the General Teaching Council for England. I note that some criticisms have been made of its operations. One year after the publication of the White Paper, “The Importance of Teaching”, in which the Secretary of State said—I agree with him about this—that there was

“no calling more noble, no profession more vital and no service more important than teaching,”

it is significant that he has taken the opportunity to abolish the professional body.

The Bill transfers some of the General Teaching Council’s functions to the Secretary of State, among which is the power to prohibit a teacher from teaching. In Committee in this House, we debated an Opposition amendment—which, surprisingly, was not successful—that would have required the Secretary of State to keep a list of persons prohibited from teaching. I note that Lord Hill confirmed in the other place that the Government believe that a database of teachers prohibited from teaching will be established. We tabled amendments here and in the other place to require the Secretary of State to keep a register of qualified teachers—again, to our surprise, without success—but Lord Hill indicated that he would consider the matter, saying,

“we have been persuaded by concerns raised in this House and elsewhere that there is a genuine need for the Government to help schools to know who has qualified teacher status and who has passed induction.”—[Official Report, House of Lords, 18 October 2011; Vol. 731, c. 257.]

That is welcome. He went on to confirm that there would be an online database from 2012.

Another concern is the proposal to give employers discretion over which cases of misconduct—those that might lead to the prohibition of a teacher—to refer to the Secretary of State. Again, colleagues in both Houses raised concerns about transparency and consistency. I welcome Lord Hill’s notification to Baroness Jones that the Government are developing advice on the new system to help professional conduct hearing panels determine when a teacher should be prohibited from the profession and that such advice will be available publicly.

Lords amendments 1 to 4 would enable the Secretary of State to issue interim prohibition orders—quickly imposed orders that prevent a teacher from undertaking work while the Secretary of State is considering their case—where he considers it in the public interest to do so, and they must be reviewed every six months. The amendments were tabled in Grand Committee in the House of Lords, but I do not think they were debated there. Their rationale was not given, so when the Minister replies he might like to emphasise what the rationale was, what the amendments will achieve, why they are so important and perhaps why they were not included in the first draft.

Lords amendments 5 to 15 relate to restrictions on the reporting of alleged offences by teachers, about which we had an exchange earlier. We have supported the Government’s intention to help protect teachers from malicious allegations, but we have also been keen to ensure that the provisions are properly scrutinised, as there is a possibility of unintended consequences.

The Lords amendments would extend the reach of clause 13 to cover tentative allegations against teachers. As the Minister rightly pointed out, following advice from the trade unions and others, we argued that the clause’s reach could be extended so that the restrictions apply not only to teachers in schools but to other school staff. The Chair of the Select Committee, the hon. Member for Beverley and Holderness (Mr Stuart)—I am sure it is only a matter of time before he becomes a right hon. Gentleman—mentioned this earlier. In our view, other school staff and staff in further education colleges should be included. The impact of a publicly reported unproven allegation, which the Minister eloquently described, applies to those people, too, and is potentially equally damaging. I understand the Government’s general desire to limit the number of people on whom the provisions will have an impact, but I do not understand why teachers in FE colleges should not be covered when teachers dealing with young people of the same age group in sixth forms—quite possibly teaching exactly the same subjects—are covered. This seems to be an inconsistency in the Bill.

I note what the Minister said about extending the provisions to cover tentative allegations. I make it clear that we do not object to that, but we ask him to be absolutely clear about his motives for including the amendments at this stage. Does he have any further thoughts on the desirability of extending the scope to include non-teaching staff and all staff in FE colleges? If he has any compelling reasons why those staff should be excluded, we would like to hear them. Having listened to him earlier, I am not sure what his evidence is for excluding these staff from the scope of the provisions. I understand why he might want to limit the number of people covered—perhaps that is why he has put a ring fence around teachers—but I do not understand the rationale for failing to include the other staff.

Graham Stuart Portrait Mr Graham Stuart
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The hon. Gentleman talks about extending the provision to other staff in schools. Do he and his party believe that it should be extended further to other workers? For example, a social worker dealing with children at risk could be equally devastated by publicity surrounding allegations against them—

John Bercow Portrait Mr Speaker
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Order. The disadvantage of the hon. Gentleman’s intervention was that, interesting though it was, it bore no relation to the amendment we are discussing.

Lord Brennan of Canton Portrait Kevin Brennan
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As always, the hon. Gentleman makes a thoughtful point but, as you have confirmed, Mr Speaker, it unfortunately falls outside the scope of the Bill.

Lords amendments 16 and 17 deal with Ofqual’s enforcement powers, which the Minister mentioned earlier. The Labour Government began the reform of the examination system in 2007 with the “Confidence in Standards” White Paper. It proposed the establishment of an independent regulator, Ofqual, which would be separate from the Qualifications and Curriculum Development Agency and would be able to fine exam bodies. Currently, the Apprenticeships, Skills, Children and Learning Act 2009 allows Ofqual only to direct an examination board to change its practices and, as the Minister said, to withdraw recognition.

I agree that it would be helpful for Ofqual to have more sanctions at its disposal to ensure that examination boards minimise their errors, but to an extent I share the concern expressed by the hon. Member for Beverley and Holderness. This proposal has appeared at a late stage. I know that Christmas is approaching, but, as I am sure the Government Whips will confirm, using Bills as Christmas trees on which to hang whatever a Government wish to hang on them is not always a good way of legislating, and I had thought the Government had pledged not to do that.

Graham Stuart Portrait Mr Stuart
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As I debated the abolition of independent schools only a couple of weeks ago with the hon. Gentleman, who supported the motion, it is a pleasure to find something on which we can agree. He is right: we need to hear more from the Government to justify the measure. It is like the Dangerous Dogs Act 1991. Legislating instantly following an incident in the summer, rather than checking and thinking through the principles behind the proposed legislation, could be a mistake.

Lord Brennan of Canton Portrait Kevin Brennan
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Let us hope that this will not be another Dangerous Dogs Act.

I am not going to suggest that Labour has not been guilty in the past of hanging proposals on to Bills as they progress through Parliament, and, as a former Government Whip, I am not going to suggest that I have not occasionally tried to lecture Ministers about the practice, but it often causes problems further down the line. We can understand how it happens.

On 22 June 2011, a newspaper headline announced “Cameron promises ‘tough action’ over GCSE and A-level exam blunders”, and a sub-headline added “Prime minister says mistakes are unacceptable and assures Ofqual will rectify system to prevent further errors”. That was converted into a panic in Government, which rippled into the Department for Education, and the Secretary of State said that the Prime Minister was exercised about the issue. “What can we do? Oh, we have a Bill going through Parliament: perhaps we can dream up a few clauses to put into it. Wasn’t there a proposal at some stage to introduce fines? Let us use that: it is already half written.” However, the proposal was never properly scrutinised. It should have been subjected to proper pre-legislative scrutiny.

As I have said, we are not going to oppose the amendments, but I want to record our concern that something that the Government said they would not do is happening now, before our very eyes.

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On academies and issues relating to land, some of the amendments show the complexities of land issues in education. No doubt, the Government will have to amend the legislation in a year or so as more problems are thrown up, especially with the conversion policy, as more and more land that has hitherto been owned or managed for an institution that was established by a local authority is transferred out of public ownership and management. It is likely that where public resources have gone into developing and enhancing land, resources might fall permanently into the private sector. In effect, amendments 89 to 91 seem to mean that if an academy is established on private land, any public money that goes into the land or buildings on the land will remain in the private sector. Will the Minister confirm whether that interpretation is correct and will he explain to the House the effect of those amendments and why they are being introduced? Will he also explain the complexities regarding private finance initiatives and academies?
Graham Stuart Portrait Mr Graham Stuart
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It is a pleasure to participate in the debate and to see so many members of the Bill Committee present. I know that a lot of effort has gone into improving the Bill and I am delighted that their noble lordships have made many constructive contributions. I am also delighted that Ministers have been prepared to listen—as, to be fair, they have throughout the process—and have made amendments accordingly.

One issue that I raised in Committee concerned schools’ discretionary referral of teachers who have been sacked for misconduct. In the other place, Lord Hill said that we could be assured that all the most serious cases would be referred, and I would be grateful if the Minister could help me to understand how that will necessarily be the case if discretion lies with the school. I am happy to take an intervention now if he is able to give me that information, but if he is not I shall move on.

Interim immediate barring orders will be in the hands of the Secretary of State for cases in which the concern is sufficiently great, and where someone can be referred, we are talking about a great sanction. Such sanctions are probably appropriate for teachers who have been, or who are suspected of having been, guilty of gross misconduct, but how do we ensure consistency? One can imagine a case in which two teachers have behaved in exactly the same way but in which one of them is let go by the school and that is it—they go off and their CV is doubtless marked and harmed but fundamentally they can carry on with their career—whereas another is referred upwards into the national machinery, which Ministers themselves accept is cumbersome and comes with heavy sanction. I am not yet entirely satisfied that there will be justice and equality of treatment in such circumstances, and I ask the Minister to respond to that point later.

In respect of reporting restrictions, the shadow schools Minister is right to say that all of us who have focused on the provision have worried about its possible unintended consequences. We all recognise the vulnerability of teachers to malicious allegations, which can spread from chatter around the school yard to chatter around the community. If an allegation is formally made and appears in a newspaper, that can have a devastating effect on a teacher who might have dedicated their life to supporting and educating young people. All Committee members, and everyone to whom I have spoken on this issue, sympathise with the Government’s approach, but questions remain. The Newspaper Society submission may not have caused my views to undergo a complete U-turn, but it raised a lot of questions as to where this protection should stop. The Opposition suggested it should be extended to other teachers, and I have mentioned social workers. I have yet to grasp the point of principle that justifies limiting this provision to teachers alone, rather than its covering many other professions as well, which might result in the public losing their right to know what is going on.

Dan Rogerson Portrait Dan Rogerson (North Cornwall) (LD)
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Does my hon. Friend agree that even if such allegations are not reported in the media, they may get out into the community and may influence head teachers when they make decisions about appointments? The operation of these provisions will therefore need to be examined after they are put in place.

Graham Stuart Portrait Mr Stuart
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I agree that we will have to keep a close eye on the provision, but I hope it does the job it is intended to do in a fair and just way, and we can give Ministers a great deal of credit for having listened to the debate in the Lords and for having come forward with amendments to ensure that it does, indeed, work in the fairest possible way.

In respect of exemptions, there is an anomaly which I highlighted through an amendment in Committee. Further education lecturers and teachers in sixth-form colleges, who come under the same administrative banding of FE for these purposes, do not receive the same level of protection as schoolteachers. To reiterate the point made by the shadow Minister, a lecturer and a schoolteacher might be teaching the same people the same subject in the same kind of classroom, yet the lecturer will not have this protection while the schoolteacher will.

Lord Brennan of Canton Portrait Kevin Brennan
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Further, a school student might be attending an FE college as part of their school sixth-form studies, and the regulations would be different in those two institutions.

Graham Stuart Portrait Mr Stuart
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Yes, and Alison Wolf suggested in her report that more 14 to 16-year-olds should attend FE colleges, so this provision would affect them as well as 17 to 18-year-olds, for whom the provision might be less relevant. I hope Ministers will think about this anomaly and find a way of equalising the situation.

The Government make what seems like a very reasonable case on strengthening Ofqual’s enforcement powers. Ofqual does not have as wide-ranging powers as other regulators, and there is a very quick step from its making requirements on awarding bodies to the nuclear option of removing their ability to provide awards at all. It therefore seems reasonable to have more moderate powers in the middle, such as the power to make fines, but this Government are committed not to following such easy logic unless there is a very strong—nay, an overwhelming—case for giving new powers to some non-governmental, unelected quango, such as Ofqual, so in an intervention I asked the Minister to make the case. He made a brave effort, as he always does, being a highly esteemed colleague and an excellent schools Minister, but he really did not make the case.

We did not hear about the number of times that awarding bodies have deliberately flouted Ofqual’s requirements—that OCR, when required to do something by Ofqual, just ignored it, left it as long as possible and did it only if it felt like it; or that the lack of anything other than a nuclear button meant that OCR did not want to comply.

Following this summer’s examination paper errors fiasco, no one was more embarrassed and determined to put it right than the awarding bodies. They collectively and individually felt that it was embarrassing, and they wanted to put it right as quickly as they could. The numbers were somewhat higher than in previous years, but the attention paid to them this year was rather greater than the increase in problems, and I know at least one case in which there was only one error in 100,000 questions.

I want to see all such errors eliminated and to know that those bodies are straining every sinew to put the situation right, but I am not yet convinced that a fining regime, however conveniently it may fulfil the Prime Minister’s promise to do something about the situation, is the right approach.

Nick Gibb Portrait Mr Gibb
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rose

Graham Stuart Portrait Mr Stuart
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I give way to the Minister.

Nick Gibb Portrait Mr Gibb
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The measure is about incentives. If a not-for-profit or commercial operation seeks to ensure that there are no errors, the exponential cost of ensuring that there are zero errors is a cost to that organisation, so the fining powers provide an equal and opposite cost to the organisations that do not incur those costs to do their best to eliminate errors. That is the purpose of the fining provisions.

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Graham Stuart Portrait Mr Stuart
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I am grateful to the Minister for that comment. Perhaps he did mean what he just said, and it may be possible to create an examinations regime in which there are zero—no—mistakes, but the cost of examinations, which this Government inherited from the previous one, is already entirely outwith the value that those qualifications bring to this country. Our system is already over-reliant on examinations, and aspiring to zero errors—ever, in any examination question—will have a deleterious impact on their quality.

Awarding bodies may seek to change the questions that they ask to make it less likely that they ever include an error, and, if the measure suggests that it is unacceptable for them ever to include an error in any examination question, it will be extraordinarily expensive and impact in all sorts of unintended ways.

As Chairman of the Education Committee, I am not yet convinced that awarding bodies are so careless of quality, whatever the errors this summer, that we need such an incentive to make them improve. We need a balanced and proportionate approach, but I fear that the Minister’s words, suggesting that there should be zero errors ever, will lead to something quite different.

Damian Hinds Portrait Damian Hinds
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I wonder what level of error Japan, or the other strongest education systems in the world, are targeting. However, notwithstanding my hon. Friend’s point about the relatively small number of errors in this country, I wonder also whether he agrees that following those errors there is a problem with public confidence in examining bodies, and that, when it comes to qualifications, trust and confidence are absolutely all.

Graham Stuart Portrait Mr Stuart
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My hon. Friend makes my point for me: public confidence, particularly as far as a political party in power and a Prime Minister who wants to be seen to be doing something are concerned, is all, so they have come forward, as the previous Government did all too often, with a legislative response to something that needs no such response, and on the basis of no proper or considered analysis of the situation. We had 13 years of vast increase in legislative provision, but very little increase in public confidence, so I say, “Don’t stick it in a law because it looks good in this week’s papers; actually think for the long term.” If we had done so, we might not have introduced this provision.

Richard Fuller Portrait Richard Fuller
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Many of us have strained to have zero errors in exams. I note you achieved that on many occasions, Mr Deputy Speaker, but it is a strain for the rest of us. We therefore understand the difficulties faced by the bodies that are setting exams in reaching that accomplishment. However, I am listening intently to my hon. Friend. Does he agree that the Lords amendments could have an inverse consequence? If we set a cost for the errors made, we will essentially replace a self-correcting mechanism whereby bodies seek to achieve the highest levels because of the risk to their reputation, with a mechanism whereby the errors made are considered to be a part of the cost of doing business. That stick will end up with someone saying, “Well, if we make three or four errors, we can afford it—we’ll get away with it.” However, nothing can reimburse an organisation that has lost its reputation.

Graham Stuart Portrait Mr Stuart
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I am grateful to my hon. Friend for making my point both more succinctly and fluently that I was.

The Government may not necessarily be wrong, but we have not heard the argument. There are many awarding bodies in this country, and perhaps some have flouted and ignored Ofqual’s requirements because they can afford to do so as a cost of doing business. If there is such a case, we need to introduce the sanctions to bring those bodies into line and ensure that public confidence and quality is delivered. However, I have not heard that argument; I have only heard arguments about public confidence. As I say, that does not seem a good reason to legislate.

The explanatory notes state:

“Subsection (5) of the new clause would insert into ASCLA 2009”—

the Apprenticeships, Skills, Children and Learning Act—

“new sections 152A to 152C which confer on Ofqual the power to require a recognised body on which a sanction has been imposed to pay the costs incurred by Ofqual in relation to imposing the sanction.”

So those bodies have to pay not only the sanction, but the costs related to the sanction. I may be a bit of a cynic about quangos, but if they see a way of buttressing their income, their number of employees and their powers, and they can get someone else to pay for it, I suggest that they will be more inclined to go down that road. I do not want such bodies doing overstretch.

The explanatory notes go on to state:

“The costs concerned would include the costs of carrying out an investigation”—

ooh! you can’t be too careful there—and doubtless those bodies would want to get quite a lot of people involved. The explanatory notes then refer to “relevant administration costs”—load on a bit more for that—

“and the costs of obtaining expert advice.”

This is an open, blank cheque to Ofqual to impose charges on awarding bodies if it sees fit to do so. Personally, I would like non-elected quangos kept on a fairly strict and short rein unless it is appropriate to do otherwise.

Richard Fuller Portrait Richard Fuller
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My hon. Friend has already alerted the House to the risk that the Lords amendments will result in the examination bodies treating accuracy as a cost of doing business. He is now alerting us to the risk that that may be an open-ended cost of doing business. Does he agree that the risk of the amendments is that we are replacing a self-correcting mechanism with a bureaucratic structure that has unlimited costs to the examination bodies?

Graham Stuart Portrait Mr Stuart
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The measures seem terribly redolent of provisions I saw in the House during the previous Parliament. I had hoped to see fewer such measures in this Parliament. My hon. Friend is right: we believe in creating the right framework and allowing the incentives within that to do their work. As far as awarding bodies are concerned, those incentives are correctly framed and their incentive to do the right thing is right. If Ofqual feels in the future that those bodies are paying insufficient attention to reducing errors in examinations, it will be able to say so. If awarding bodies then fail to comply with the direction suggested by Ofqual, that is the time to come here and discuss the matter. Ministers would be able to give instance after instance where awarding bodies had failed to act on the very clear and reasonable directions given to it by Ofqual.

None Portrait Louise Mensch (Corby) (Con)
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I am fascinated by my hon. Friend’s speech. I understand that he feels zero errors is too high a threshold, but will he tell the House if he thinks there is an acceptable level of errors that Ofqual might be able to specify, or is he uncomfortable with labelling any level of errors as unacceptable?

Graham Stuart Portrait Mr Stuart
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Conservative Members have found that artificial targets led to precisely the kind of mechanistic, cost-of-business approach that my hon. Friend speaks about so well. That is why we set up a body of experts such as Ofqual to work within a framework, also established, of different awarding bodies wherein together they come up with the right approach. I am not sure that it is necessarily right to set a percentage. If there were a consistent period in which the awarding bodies showed themselves to be careless, or if we found on international comparison that ours were not up to scratch compared with those elsewhere—whatever the aspiration of the Japanese examination system, I doubt that it delivers 100% accuracy in all exams—it would be better if we trusted Ofqual to work with the bodies without necessarily bringing more bureaucratic sanctions into the process. Given the terms of subsection (5) of the new clause, there seems to be little incentive for Ofqual to control the costs of this, and it may simply add further to the expense of our qualifications system.

Stephen McPartland Portrait Stephen McPartland (Stevenage) (Con)
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These awarding bodies are very large businesses; I believe that the largest is worth about a quarter of a billion pounds. Does my hon. Friend agree that they no doubt have legal insurance that would meet the cost of these interventions?

Graham Stuart Portrait Mr Stuart
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That may well be the case, but if they do have such insurance, the premium will reflect the cost of doing businesses. In all contexts, whenever anyone suggests that having insurance somehow means that there is not a problem, it usually means that there is a broad raising of costs across the piece, which is something that we should minimise. One of the changes that was made in the Lords and has now come before us recognises that some education awarding bodies are part of educational companies globally, that there should be a cap on how much they can be fined, and that that cap should be relevant to the amount of business that that organisation does in this country rather than in global operations. That is welcome.

We now have a repeal of the repeal of the duty to co-operate. The shadow Minister was right to say that we are glad to hear confirmation that this partnership working can continue. I am also glad to hear from the Minister, citing his noble Friend Lord Hill, that the Government are committed to that form of partnership. In all the high-profile cases, and others, of children who are found to be neglected, it turns out that people at the agencies have not talked to each other, and we need to ensure that they do. It may be possible that a particular duty to co-operate in a certain way leads to a mechanistic response. If there is another way of framing the whole conversation that encourages it without there being a bureaucratic or legislative solution, that is something that I would be open to, but until we have a convincing argument as to how the overall picture will work, it is a good thing that schools co-operate with the other bodies.

On admissions, we have the change whereby anyone can refer a case to the regulator. I assume that the impact assessment has taken account of this, but I would be grateful if the Minister could comment on that. If anyone can refer to the regulator on admissions, how many more referrals do we expect? If other hon. Members’ caseloads are anything like mine, they will know that an awful lot of parents are concerned about admission arrangements and many of them go through the appeals process. I wonder how many would seek to question and make complaints to the admissions regulator using the power in the Bill.

Again referring back to the remarks of the shadow Minister, can the Minister give the House a reassurance on the time frame for an admissions body to correct itself? Is it really possible that we could have a 10-month delay? One of the dangers in this place is that so many Members are so high-minded. The Minister is one of the most high-minded, and there is a tendency to assume that all others in the system share his ethics, commitment and fairness. Perhaps I have led the wrong life, but I have met many people who are capable of spite. It would seem to me a mistake to have a system that allowed somebody who had appealed and won to be thwarted in an act of spite by a school because it could use the rules to avoid acting in time to provide justice to the person who had brought the complaint.

On Ofsted inspections, as I said earlier, I welcome the Government’s proportionate approach. I would be grateful if the Minister talked us through the implications of the reduction in Ofsted’s budget. Perhaps surprisingly for some Government Members, the previous Government brought in pretty strong reductions in Ofsted’s budget. It is greatly to the credit of the then chief inspector that Ofsted coped with that without a discernible drop in quality. The budget is now going down even further—from well over £200 million, it is dropping to about £143 million, from memory. I am interested to know how that will impact on Ofsted’s ability to provide inspections.

The noble Lord Hill said in the other place that 72 outstanding schools had had inspections triggered by Ofsted’s risk assessment process. That meant that about 2% of outstanding schools had been inspected in the period. He said that it had been agreed with Ofsted that the aim should be to inspect at least 5% of outstanding schools. I wonder how able Ofsted will be to deliver that 250% increase in workload just in the area of outstanding schools.

In winding up, the Minister might also like to comment on primary schools, because all schools are not the same. It has always been of concern to me, when talking about greater autonomy and academies, that primary schools are fundamentally more fragile than secondaries. The departure of a head or a chair of governors, both of whom might contribute to a school being outstanding, can lead very quickly to a school’s standards falling. I would like a reassurance that there are different approaches for primaries and secondaries, for example in the speed of reaction and the attention given to certain factors, such as a change of head at a primary school being given greater weight and being seen as more of a trigger to get Ofsted to come in and check that all is well.

With those remarks, I will leave it there. I hope that the Minister will respond in due course.

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Richard Fuller Portrait Richard Fuller
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I appreciate my hon. Friend’s intervention, although with respect, I will stick tightly to the Lords amendments on this issue. She gives another example of how the duty on schools and local authorities to co-operate has evolved. Given that their noble Lords went so far in putting that duty back in the Bill, may I encourage the Minister and his ministerial colleagues to think further and more deeply about the evolving landscape and what that is likely to mean over the coming years?

I thank the hon. Member for Cardiff West (Kevin Brennan) for his comments about school admissions, which many of us share, and I thank the Minister for the changes that have been proposed or made. If we wish to see a substantial change and more liberalisation of schools in terms of where the authority lies, we should be aware that most families and parents want schools’ admissions policies to be clear and fair in their communities. That does not necessarily mean that they have to be uniform, although many of us would indeed hope to see uniform entrance policies, particularly with free schools, because that would reinforce the success of this new idea and new policy. I therefore very much welcome Lords amendments 20 and 21. I have listened to different points of view on free schools, and I know that support for this radical idea among Opposition Members has been “on again/off again”. Indeed, it would be interesting to know whether those on the Opposition Front Bench are “on” today or “off”.

Graham Stuart Portrait Mr Graham Stuart
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Which one is on and which one is off?

Richard Fuller Portrait Richard Fuller
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Indeed. I will happily listen to the hon. Member for Cardiff West if he wishes to—[Interruption.] I can see that those on the Opposition Front Bench are not quite sure whether they are on or off, or on the fence.

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For this policy to work effectively, however, the concentration of hon. Members here should not be on the two thirds who accepted but on the reasons why one third did not. What is holding back these individuals from taking on the responsibilities of individual budgets? The benefits have been extolled quite broadly and it would be interesting to understand why those one third of individuals have not taken that view. My guess is that there will be more of an issue with this policy from people who are reluctant adopters and we will need to work through how to enable them to have the benefits from individual budgets.
Graham Stuart Portrait Mr Graham Stuart
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I am perhaps more optimistic than my hon. Friend. Historically, we have not had direct budgets in this area. As more people receive direct budgets, those who provide in response to them will grow in their sophistication and capability, so they will be able better to sell, communicate and market what they do for families, who will then see that they can take on a budget without having to try to commission those services from scratch themselves. My hon. Friend is right—although things might develop over time—that this might never be appropriate for some people and we must ensure that we look after their interests. However, for perhaps even more than 75%, direct budgets might prove to be the way forward.

Richard Fuller Portrait Richard Fuller
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I appreciate my hon. Friend’s intervention. As Chairman of the Select Committee, he is very knowledgeable in this area, and I look forward to discussing the issue with him further. Let me add a couple of additional concerns. Although we agree on the overall direction of travel, we might also reach some concordance over concerns.

The proposal in Lords amendment 37 is to deal with this issue through setting up pilot schemes in some areas. I am in favour of that. What will be the benefit for children with special educational needs? Their parents already put an enormous amount of effort into supporting their children. We call on them not only to go out and work hard, but to provide that support at home and that takes up an enormous amount of time. To place on top of that the burden of an individual budget—however it is implemented—places significant additional burdens. Let me explain a couple of them.

I have spoken to parents of children with special educational needs in my constituency. Overall, they are enthusiastic about some of the proposals in the Government’s Green Paper, but they strongly voiced their concern about the complexity of placing additional burdens on parents. They want these responsibilities, but the complexity involved is significant.

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Neil Carmichael Portrait Neil Carmichael (Stroud) (Con)
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I want to talk about five aspects of the amendments. The first is the question of Ofqual. I disagree with my hon. Friend the Member for Beverley and Holderness (Mr Stuart), the Chairman of the Education Committee, about the fines. [Hon. Members: “Surely not!”] He is fairly used to disagreements, and always accepts them cheerfully, as he has just demonstrated.

The Government are right to think in terms of fines. My hon. Friend the Member for East Hampshire (Damian Hinds) put his finger on it when he noted that it was difficult to change examination boards in a timely manner if there were mistakes. There must be no mistakes in the preparation of exams.

The real problem, it seems to me, is that we have far too many examination boards, and I believe that the Education Committee will consider that in due course. We need accurate examinations so that students can feel confident that they are taking tests that are fair, proper and competent, and fines should be applied when those priorities are not honoured.

There is the important question of whether Ofsted should inspect outstanding schools. We must ensure that it concentrates on schools that are failing or coasting: as the Prime Minister rightly says, we must never fail to recognise that some schools are not doing a good enough job at present, and that they require our full attention. An Ofsted report is, of course, a snapshot of the situation that the Ofsted inspectors found during their visit, and is likely to convey contradictory messages. What I frequently find in my constituency, and certainly found when I was involved in education as a governor, is that such reports may not tell the story that other statistical evidence might tell.

I raised the problem when the Education Committee was considering Ofsted and its future. I asked witnesses what should be done when a school that is able to brandish very good exam results—five passes graded between A-star and C—receives an Ofsted report that tells a different tale. I know of two schools in my constituency that have been able to counter one bit of evidence with another, and both cases involved Ofsted reports. I therefore think that the Government are right to use the tool of Ofsted to focus more on the schools that are failing or coasting.

There are many different ways of measuring performance. We must enable parents to see, from year to year, that things are moving in the right direction in the schools that they choose—or may choose in the future—for their children. An annual assessment will be helped by effective league tables and the right kind of evidence presented in the right way.

Graham Stuart Portrait Mr Graham Stuart
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Is my hon. Friend comfortable with the idea that some schools might not be inspected for 10 or 12 years?

Neil Carmichael Portrait Neil Carmichael
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I would certainly be willing to see schools go without an Ofsted inspection for some time if they are consistently performing effectively and efficiently. Several years might elapse before an inspection, but I do not believe that we are talking of decades.

We must bear it in mind that there are other accountability mechanisms: the choice that parents make; the measurements that league tables offer; and the role of governors. I know that the hon. Member for Cardiff West (Kevin Brennan) is not going to press the issue to a Division, but I consider it very important, and I think that the Government are right to be less prescriptive than they have been in the past. It is critical that we focus on what governing bodies should be, and on the role that they should have.

I have been involved in the establishment of an all-party parliamentary group on school governors, because I think that the issue has been overlooked for far too long. One of the key themes that the APPG is developing is the need to focus on skills rather than representatives of governing bodies, and it is reflected in both the Bill and the amendment. It is obvious to me, and, I believe, to most people—it was certainly obvious to all who were involved in the formation of the APPG—that a great many skills are required. It is a good idea to ensure that a local authority appoints a governor in consultation with the governing body, so that together they can come up with the right person to fill the skills gap. The school will then have a governing body that reflects its priorities and has the appropriate skills. I am glad that the Bill mentions the crucial role of governors, on whom I think we should turn the spotlight when we think about accountability.

That brings me to the question of reporting restrictions. Over 20 years, I have been involved in situations in which members of the teaching profession have had to undergo disciplinary procedures. Ironically, none has been connected with pupils, and I am pleased about that, but I could have done with a few reporting restrictions in one instance in particular. It is very difficult to manage such situations when they are being second-guessed by the press, which may investigate or discuss them in ways that are not helpful to the requirement that evidence is presented fairly and honourably so that people who are not involved in a case can make proper judgments and reach an unbiased conclusion. I discovered that if someone wants to get something published, they should simply mark it “private and confidential” and away it will go. It is right that the Bill examines this issue, because we have to ensure that our processes can be properly managed and controlled so that investigations can be undertaken and judgments made consistent with justice and good practice.

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Graham Stuart Portrait Mr Graham Stuart
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I am glad to say that Lord Hill said that he and Sir Michael Wilshaw—I think he specifically named him—believed that changing a head would not automatically trigger an inspection but would trigger consideration. The Government and Ofsted are aligned with my hon. Friend on this requirement.

Damian Hinds Portrait Damian Hinds
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That highlights the point about having people running organisations whom we trust and who can make professional judgments, and about their weighing all the evidence and not being hidebound by particular formulae.

In an earlier intervention, I mentioned that we will have much richer data than ever before in the schools system. That is not unique to this country, because a revolution is going on in the education world, as was reported a few weeks ago in a good article in The Economist. We know much more about schools and can therefore do much more predictive modelling than was possible before.

In an intervention, my hon. Friend the Member for Bradford East (Mr Ward) argued in favour of contextual value added. The Government will not use CVA—and thank God for that; I have yet to meet anyone who understands it. I have served on the Education Committee for 18 months and we are still waiting for our first teacher, head teacher, pupil, local authority officer or anyone else from the education establishment to talk voluntarily about CVA as a measure of school performance. Instead, we have what most people would understand as a value-added measure—progress from key stage 2 to key stage 4—which will do most of that job without the extra complexity and formulaic high jinks that the contextual bit introduces. Of course, it is only one of a large basket of measures and indicators that can be used.

I am sure that it is not in the minds of Ministers or the leadership of Ofsted that any school should go a long time without inspection. I would be amazed if any head teacher wanted to go long without his school being inspected. Many of the indicators are what we might call “digital indicators”, but Ofsted produces an analogue report with much richer evaluation and comment than some of those measures. I am sure that many parents will want to know that there is a relatively recent report informing them about some of the things that they cannot necessarily read in league tables, but I do not think that any of that calls necessarily for the formulaic approach of automatic triggers that Labour Members suggest.

The next area I want to touch on is the anonymity of teachers. Reasonable questions have been asked about why schoolteachers should enjoy special treatment, and why those who work in further education colleges are treated differently. I accept that that is an anomaly, although it is hardly the first anomaly to arise between secondary schools and sixth-form colleges.

Graham Stuart Portrait Mr Stuart
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The Government listened and used the Bill to correct an anomaly and allow FE teachers to teach in schools. I led a debate in January and am delighted that Ministers listened to that appeal and are seeking other ways of levelling the playing field for FE and sixth-form colleges and schools.

Damian Hinds Portrait Damian Hinds
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Indeed. As ever, my hon. Friend makes a pertinent point.

Teachers are unique—there is something special about them, as opposed even to other people working with children, although I accept the arguments about them—as they have to stand before a class, in a position of authority, and keep discipline. Most of us will have been struck by the number of teachers whom we know who strongly approve of the change introducing anonymity. For the avoidance of doubt, let me say that those teachers would never in a million years get up to the sort of no good that we want to avoid. There is something symbolic in saying that we understand their difficult position in keeping order in their little community and that they deserve our support and this type of anonymity.

Ofqual has already stimulated some fascinating exchanges. In an intervention on my hon. Friend the Member for Beverley and Holderness, who chairs the Committee on which I serve, I wondered what level of defect the Japanese would look for. I specifically picked Japan, rather than Shanghai, Finland or any of the popular examples because of my experience of joining the Manchester and Merseyside branch of IBM as a tender 17-year-old. The story new starters were told might have been apocryphal, but it was that that IBM specified a 99.99% success rate in the contract with its Japanese microchip supplier. The Japanese were a bit confused, but dutifully smashed one in every 10,000 chips to ensure that they complied with the rate. The point is that other systems do things better than ours does and that people with other systems accept nothing but the best. Following that experience, IBM adopted the principle that is known in business as zero defects.

Graham Stuart Portrait Mr Stuart
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Will my hon. Friend give way?

Damian Hinds Portrait Damian Hinds
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Only if my hon. Friend will speak in Japanese.

Graham Stuart Portrait Mr Stuart
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Double Dutch perhaps, but not Japanese.

My hon. Friend asserts that other areas do better than we do—in the accuracy of their examination questions, I assume —but does he have any evidence to back that up? The paucity of such evidence from Ministers makes me question whether we have made the case to introduce such measures.

Damian Hinds Portrait Damian Hinds
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I suspect that my hon. Friend knows that my point was a more general one about other people doing better than we do and about their tolerance of failure and imperfection. I recognise that humanity is ultimately susceptible to failure, but I worry about what we should accept.

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“we remain relentless about combating entrenched failure. We will soon have taken over more failing schools with new academies than in the whole eight years of the programme under Labour. But it’s just as important to tackle those all over the country content to muddle through—places where respectable results and a decent local reputation mask a failure to meet potential. Children who did well in primary school but who lose momentum. Early promise fades. This is the hidden crisis in our schools—in prosperous shires and market towns just as much as the inner cities.”
Graham Stuart Portrait Mr Graham Stuart
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My hon. Friend is right to quote the Prime Minister, who in turn is right to identify this issue. What practical steps can be taken under the current regime to target those schools that are above the floor targets for five good GCSEs and that have limited resources for Ofsted? How will it be possible to ensure that they get the focus that the Prime Minister, the Minister and I would like to see?

Nick Gibb Portrait Mr Gibb
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rose—

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Graham Stuart Portrait Mr Graham Stuart
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Can my hon. Friend give examples of instances in which such a measure might have been triggered in the past?

Nick Gibb Portrait Mr Gibb
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The incidents I would cite are those from this summer when there were persistent errors. The persistence came, in particular, after we had asked the awarding organisations to check that there were no further errors. They did those checks and confirmed that there were none, but then further errors were discovered and damage was caused. That is an example of persistence in the errors we are trying to eliminate from the system.

The hon. Member for Cardiff West asked for an explanation regarding Lords amendments 89 to 91 about land. The Bill introduces new powers to transfer the publicly funded land of foundation and voluntary schools and academies to free schools and academies when those schools close or the land is to be otherwise disposed of. Lords amendments 89 to 91 reduce the reach of those new powers so that they do not apply to land that is leased to a new academy by a private landlord. Where we are engaging in commercial negotiations with private landlords for the lease of land to new free schools, we think it is more appropriate to protect any public investment in that land by contractual means rather than in statute.

The hon. Gentleman also raised the PFI issue and I am happy to restate the purpose of amendment 34. Under section 6(2) of the Academies Act 2010, a local authority “must cease to maintain” a school once it converts to academy status. Some banks and local authorities have asked whether that prohibition on maintenance might prevent a local authority from making a payment under PFI or other contracts. Our view is that local authorities have always been able to use their own resources to provide assistance, including financial assistance, to academies and to enter into contractual commitments and incur liabilities on their behalf. We are clear that section 6(2) of the Academies Act does not prevent the continuation of those activities. All academies are and will continue to be maintained by the Secretary of State under funding arrangements entered into under section 1 of the Academies Act, and any assistance provided by local authorities to academies, whether financial or otherwise, will only ever be a proportion of the total expense. Amendment 34 therefore confirms that local authorities can continue to make payments for academies under PFI and other contracts.

My hon. Friend the Member for Bedford and the hon. Member for Cardiff West raised the issue of direct payment pilots. The Minister of State, my hon. Friend the Member for Brent Central (Sarah Teather), who has responsibility for children and families, wrote to peers in the other place explaining the importance of introducing this new clause and consulted on the text of the draft clause, including in relation to special educational needs and disability organisations as well as local government interests. The principles behind the clause—greater choice and control for the families of children with SEN—are shared across the House. Indeed, the clause is modelled on legislation on the direct payment health pilots that were introduced by the previous Government. Let me reassure hon. Members that the orders needed to give practical effect to the clauses are subject to the affirmative procedure. These are, after all, powers concerning pilots rather than a national scheme and the clause has a sunset provision of four years.

My hon. Friend the Member for Beverley and Holderness asked about anyone being able to refer complaints to the adjudicator. We do not believe this change will lead to many more complaints. The regulations on which we are currently consulting will ensure that repetitive, vexatious or anonymous complaints cannot be made. I hope that will provide him with some reassurance. On the issue of spite, which he also raised, “anyone” does mean anyone, so it could be a school or a charity. The only proviso is that they must be willing to put their name to objections and to refer matters that are new or substantially new to the adjudicator.

My hon. Friend asked about consistency in the referral of misconduct cases by schools to the regulator. Evidence suggests that there is already variation in referrals despite the blanket duty on employers to refer all cases, and this duty has not been affected. Employers will know when a case of misconduct is serious enough potentially to require a referral from the profession, and they can use the draft prohibition guidance, which I can send to my hon. Friend, to help them make this decision. If a member of the public is not happy with the decision, they can refer a complaint to the Secretary of State.

My hon. Friend also asked about Ofsted’s capacity to deliver more rigorous assessments. We have discussed and agreed the more rigorous risk assessment, and Ofsted has the resources necessary within its budget to achieve this. Every organisation has to prioritise its resources in the current economic climate and Ofsted is no different.

I thank my hon. Friend the Member for Bedford for his continued and vocal support for academies and free schools. I assure him that it is right that admissions at academies and free schools must comply with the admissions code as set out in their funding agreements. As with all other state-funded schools, complaints about admissions will now go to the adjudicator.

My hon. Friend also raised concerns about particular families who do not adopt personal budgets—one third is the figure he cited—and the support they require. He argues for having pilots, and that is what the new clause does. I share his concerns about the possible burdens on families. That is why the pilots will look at the support available to families and how the system can be as straightforward as possible to use, as well as at which families take up those payments and which do not. On the point that the hon. Member for Cardiff West made, cost-cutting is not a driver for this policy—it is about having greater choice and control.

On the issue of Ofqual and how the Conservatives could support a regime of fining by a regulator, my hon. Friend the Member for East Hampshire set out the reasons why the qualifications market needs to be regulated. I should like to make it clear that turnover will be determined in accordance with an order made by the Secretary of State and that Ofqual will consult on how the fining regime is to operate.

I listened carefully to the comments of my hon. Friends the Members for Bedford and for Stevenage about primary schools. Primary national offer day will be 16 April. The idea is to co-ordinate the date rather than to put any new pressure on parents to get their children into certain primary schools. It merely makes things easier and less stressful for parents rather than more stressful.

Let me deal briefly with some of the amendments tabled by the hon. Member for Cardiff West. He will know that we have listened carefully to the concerns expressed in this House and in the other place in response to our original intention to withdraw schools and colleges from the duty to co-operate. The evidence of that engagement is clear in these Lords amendments. We have removed the “duty to co-operate” clause as well as the clause that the hon. Gentleman seeks to amend regarding the children and young people’s plan.

The hon. Gentleman’s amendment (a) to Lords amendment 23 relates to our plans to allow anyone to refer an objection to the schools adjudicator about the admissions arrangements at any state-funded school in the country. The amendment would require admissions authorities and others to comply with the adjudicator’s decision within 14 days of receiving written notice of that decision. Current legislation in this area, which was introduced by the Labour party, requires compliance to be forthwith. Let me assure the House once more that our changes to admissions do not affect the adjudicator’s power to consider and decide on the matter put to him and other matters as he sees fit, or to make binding decisions as a consequence. The amendment would impose a stringent national timetable for the implementation of such decisions. It is based on two false assumptions—first that schools do not wish to put things right, which they do, and secondly that all situations are the same, which they are not. On that basis, I hope that the hon. Gentleman will not press his amendment to a Division.

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Graham Stuart Portrait Mr Graham Stuart
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Will my hon. Friend give way?

John Hayes Portrait Mr Hayes
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Once more, and then I must return to my notes.

Graham Stuart Portrait Mr Stuart
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My hon. Friend could see one of the reasons for the need for flexibility if he came to visit Beverley, as I have frequently invited him to do, where our excitement grows with each delay until he does so. He would see the area where the new East Riding college was to have been built but, because of the mess that was made of FE capital funding under the previous Administration, it looks like a bomb site in the middle of Beverley. As we move forward with these freedoms and with the excellent leadership that we have at East Riding college, I hope that we will see the college on that site in the near future.

John Hayes Portrait Mr Hayes
- Hansard - - - Excerpts

Every day a new invitation for me to visit a different part of the country arrives, each one more seductive than the last, but none more attractive than the overtures of my hon. Friend the Chairman of the Select Committee. Tonight I will do what I rarely do in the House: I commit, from the Dispatch Box, to visit his college, because he has made this case so frequently and persuasively that I feel that I have been less than generous in my response thus far. I will certainly come to look at the specific circumstances that he described in his—as usual—pithy and well-informed intervention.

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Graham Stuart Portrait Mr Graham Stuart
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I would like to take the Minister back to the intervention from my right hon. Friend the Member for East Yorkshire (Mr Knight). In East Yorkshire, the Harrier was developed with a lot of taxpayers’ money and then shipped abroad to become an American aeroplane. We rather fear that the Hawk will follow. Will the Minister reassure us, in more specific terms than he used in response to my right hon. Friend, that a college will not be so free that it can leave the country with its assets, if it suits the organisation rather than the needs of the taxpayers?

John Hayes Portrait Mr Hayes
- Hansard - - - Excerpts

As I have said, where public interest is in jeopardy, the Secretary of State will retain powers under the Bill to intervene as necessary. I paid tribute to my hon. Friend a few moments ago for his patient endurance in respect of my forthcoming visit to Beverley. It was Ruskin who said,

“Endurance is nobler than strength, and patience than beauty.”

We can therefore take it that my hon. Friend is a patient endurer, more noble than strength and beauty. It is likely that the circumstance he describes would happen only rarely, but it is important that when a college wishes to transfer its property, rights and liabilities to another provider, the Secretary of State retains the kind of powers that he requested.

Lords amendments 53, 56 and 62 reinstate statutory safeguards relating to the specific governance and constitutional arrangements of voluntary sixth-form colleges that were inadvertently removed by the Apprenticeships, Skills, Children and Learning Act. It was the previous Government’s view that legislation should reflect the distinct constitutional position of voluntary sixth-form colleges, and they confirmed that they would look to reinstate those protections through legislation. We agree with that view, and it is what the amendments do. The new provisions cover what was afforded by previous legislation or Secretary of State directions.

As Members know, I am a keen advocate of freeing colleges from central prescription, direction and control. Such things inhibit a college’s ability to become the master of its own destiny and stifle innovation and growth in our further education sector. The changes in the Bill will enable the Government to present the best case possible to encourage the Office for National Statistics to review its decision to reclassify colleges into the public sector. However, we are not merely responding to the ONS; we began this programme of reform long before we knew about the ONS reclassification. Indeed, it was one of the first things that I set out when I became a Minister. The changes that we have made in the Bill, including the ones that we have introduced at a later stage, are entirely in the spirit of the policy direction set out in the skills strategy which I published, following extensive consultation, last autumn. Indeed, they are in the spirit of the further consultation in which we were involved over the summer, which will lead to the publication of “New Challenges, New Chances”.

The truth is that the ONS reclassification has been a further spur to us, but has not caused us to change direction. If anything, it has cemented our determination to consider every aspect of college management and every means by which we could free colleges from bureaucracy and direction. That fresh thinking has inspired the changes that have been made to the Bill.

As I have said, the changes, and our efforts to secure the private sector reclassification of colleges, have been welcomed, not least by the Association of Colleges. It considers that they will provide colleges with additional flexibility, allowing them to respond effectively to their local community and economy. I should like to place on record my gratitude to the Association of Colleges for its guidance and support, and indeed for how it has challenged us, in helping the Government develop this impressive legislation.

Lords amendments 28, 29 and 39 concern the business of colleges and inspection. You will remember, Madam Deputy Speaker, the report that the previous Government commissioned from Sir Andrew Foster. I have a copy of the summary here. They asked him to examine the potential of further education, and he concluded that the landscape that it faced was

“crowded with organisations charged with inspection, improvement or regulatory functions. There is unnecessary complexity and duplication of effort and further rationalisation is required.”

He also recognised, I think, that we needed to rethink how colleges were gauged, inspected and monitored. Knowing that we had some outstanding further education colleges in this country, we decided that the time was right to look afresh at inspection and regulation.

In that context, some of the comments that the Minister of State, my hon. Friend the Member for Bognor Regis and Littlehampton (Mr Gibb), made about schools pertain to colleges too. He dealt with the issue of the inspection of schools earlier this evening, and some of the same principles apply to colleges. In my visits to colleges across the country, I have continually been impressed by the quality of teaching, the standard of learning and the innovative systems that colleges put in place to maximise learners’ potential.

Lords amendments 28 to 30 provide for greater parliamentary scrutiny of regulations exempting further education colleges from inspections, by requiring that all regulations except the first set be subject to the affirmative procedure, so that both Houses can be assured that a full debate will happen before further colleges are exempted. We decided very early on that we wanted to limit the inspection of further education colleges, as we did in the case of schools. However, it is important that that exemption is qualified in the way that I have described. The Prime Minister spoke today of coasting schools, and nor do we want to see any coasting colleges. Although there is little evidence of them, it is important that the House can debate the matter as further exemptions take root.

I turn to Lords amendments 36, 43 and 100, which put the legal framework for apprenticeships on a more sustainable and realistic footing. I need not regale the House at length with how passionately I support apprenticeships—at least, not for more than a few minutes. As you know, Madam Deputy Speaker, I have championed apprenticeships both in opposition and in government, and the Government have turned our rhetoric into action by delivering the biggest growth in apprenticeships in modern times. I have said before, and I am happy to say now, that there is more work to be done. As we make that growth sustainable, we will need to consider bureaucracy and the quality and age spread of apprenticeships. It is absolutely right that we should do that, but let us not understate the growth that we have seen—29% growth in under-19 apprenticeships and 64% growth in 19-to-24 apprenticeships over two years, and a big jump in post-25 apprenticeships.

It is important to say that the previous Government had the same aims. Many times, previous Ministers, including the previous Prime Minister, estimated the likely jump in the number of apprenticeships and the number that would be necessary to fill skills gaps. However, this Government are actually delivering. We are making more opportunities available to more people to add to their skills, which will increase their chances of getting, keeping and progressing in jobs. We know from independent research that someone who has a level 2 apprenticeship is likely to earn £70,000 more over their earning lifetime than somebody who has not, and that somebody with a level 3 apprenticeship is likely to earn more than £100,000 more. That is roughly equivalent to a degree.

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Graham Stuart Portrait Mr Graham Stuart
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Will my hon. Friend give way?

John Hayes Portrait Mr Hayes
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Is this about happiness?

Graham Stuart Portrait Mr Stuart
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I am always focused on happiness. I thought I could increase the Minister’s sense of contentment if I attempted to correct him. Under the previous situation, there was an obligation not to fund an apprenticeship for anyone who wanted it but to provide one, outwith any ability necessarily to ensure that an employer came forward. That is why the Minister and the Government were right to make that alteration, not withstanding the complaints of Opposition Members.

Baroness Primarolo Portrait Madam Deputy Speaker (Dawn Primarolo)
- Hansard - - - Excerpts

Order. I am very glad that the hon. Gentleman got his point on the record, but we are not debating the previous Government’s record or apprenticeships generally; we are debating amendments on quite narrow points in the Bill. I know the Minister is really eager to come back to that.

--- Later in debate ---
Stephen Twigg Portrait Stephen Twigg
- Hansard - - - Excerpts

I am delighted to join my hon. Friend and constituency neighbour in congratulating Liverpool city council, which, despite one of the worst funding settlements from central Government, has been able to create a new programme. I thank him for that opportunity, although I am in grave danger of moving beyond the scope of this debate, so I shall return to my speech.

Our amendment would change the term “reasonable” in Lords amendment 36 to “best”. In contract law, making a “best effort” requires a higher level of commitment than making a “reasonable effort”. Our amendment would place a greater duty on the chief executive to secure employer participation in apprenticeships for the specified groups and would reintroduce, in part, the previous Government’s commitment, which placed a duty on the chief executive to find an apprenticeship for all who wanted one.

This is a major challenge for us all. In a recent speech, my right hon. Friend the Leader of the Opposition set out a new policy on apprenticeships, giving a commitment that in future all major Government contracts should

“go to firms who commit to training the next generation with decent apprenticeships,”

and that none should

“go to those who don’t.”

I invite the Minister today to consider making a similar commitment on behalf of the Government. I seek assurances from him about how the new clause proposed by Lords amendment 36 will be implemented in the context of the Government’s broader approach to apprenticeships. For example, concerns have been raised about Train to Gain places being replaced or rebadged as apprenticeships. Today we have seen early coverage in the media of a report—to which I understand the Minister has contributed—by the Institute for Public Policy Research, due to be published later this week, setting out concerns that younger people are not getting a fair share of the increase in apprenticeships. I appreciate that there is a balance to be struck, and we very much welcome older workers having the opportunity to take up apprenticeships, but with youth unemployment almost certainly set to hit 1 million this week, we need to maintain the important focus on young people and the opportunity that is provided by having an apprenticeship place.

Graham Stuart Portrait Mr Graham Stuart
- Hansard - -

The hon. Gentleman is giving a thoughtful speech. In light of his amendment (a) to Lords amendment 36, which seeks to ensure that the chief executive should try to make reasonable efforts to secure employers’ participation, does he agree that we would not wish this or any other Government to get on the hook over the numbers? We must maximise the numbers, but also ensure that we have quality. If we have apprenticeships that do not lead to a major improvement in the earning potential of the young people in question, we will have betrayed them. If courses do not last long enough to give them the skills to raise their value in the market place, we will have betrayed them. It is important not only to provide opportunities, but to ensure that they are valuable opportunities that deliver lifelong benefits.

Stephen Twigg Portrait Stephen Twigg
- Hansard - - - Excerpts

I found myself in agreement with much of what the hon. Gentleman had to say in the earlier debate on schools, as I do with what he has just said. He makes a critical point, which enables me to bring my remarks to a close. Clearly, with 1 million young people unemployed, having high-quality apprenticeships is going to be a vital part of a strategy to address that problem, but it must not become simply a numbers game. I would like apprenticeships to become the gold standard of vocational education. I attended an Edge Foundation event a few weeks ago and made the point that it would be wonderful if the parents of a 17 or 18-year-old who gets an apprenticeship were as proud of their daughter or son getting that apprenticeship as they would have been of them getting into higher education. That should be what we aspire towards, and at the heart of that is quality, as the hon. Gentleman said.

Graham Stuart Portrait Mr Stuart
- Hansard - -

In the light of the requirement to try to secure places, does the hon. Gentleman agree that apprenticeships need to be for a decent period and that an important part of making them work for employers—thus being provided and sustained in the long term—is that the rate of pay should not be too high? The aim should be to make the ticket at the end the valuable part; that is when the benefit comes. Keeping the rate of pay relatively low and ensuring that it lasts for a decent long time will mean that the apprenticeship will work for the company and that at the other end the young person will earn considerably more money.

Stephen Twigg Portrait Stephen Twigg
- Hansard - - - Excerpts

I might be told off by Madam Deputy Speaker, but let me say that the quality of the education and training elements of the apprenticeship are vital. What we must not do, however, is allow apprenticeships to become a form of exploitation. A balance has to be struck. Clearly, an apprenticeship should be first and foremost about quality education and training, but with a decent amount of pay, too, for those who are apprentices.

I am grateful for the opportunity to contribute to the debate. These are very important issues. I do not believe that any Opposition Member doubts the personal commitment of the Minister, particularly on apprenticeships. We have concerns that we have expressed previously about the impact of other changes—the abolition of the education maintenance allowance and the trebling of tuition fees—and we would be very concerned if there was any weakening of the apprenticeship brand. Let us perhaps forge a cross-party national consensus to the effect that we want apprenticeships to increase in number, but more importantly we want to see them as a high-quality gold standard for those young people who follow a vocational route of education.

John Hayes Portrait Mr Hayes
- Hansard - - - Excerpts

The hon. Member for Liverpool, West Derby (Stephen Twigg) raised a number of points, which I shall try to address in my closing remarks. I would like to speak first to amendment (a) to Lords Amendment 29, under which the first as well as any subsequent regulations exempting certain providers from Ofsted inspection in particular circumstances would be subject to the affirmative procedure. The hon. Gentleman asked me particularly to address those matters.

My hon. Friend the Minister of State, Department for Education, the hon. Member for Bognor Regis and Littlehampton (Mr Gibb), has already spoken about a related amendment to the schools inspection exemption. The same intentions lay behind the exemption for further education providers and our plan, in essence, is to exempt outstanding colleges. I will listen, however, to the points raised. I do not have a dogmatic view on this matter, and as we move to a lighter-touch inspection regime, it is important to do so with appropriate caution.

I would like to deal with one particular concern. Where students feel that an outstanding institution is not maintaining high standards, Ofsted will take very seriously any comments students might make as part of the risk assessment, which could trigger an inspection. My hon. Friend the Minister spoke about the risk assessment process, and it is important that it is tied closely to the view of students about the quality of teaching and learning in an institution.

I spoke to the National Union of Students today about representation on college governing bodies, which we discussed when we dealt with the amendments to which the hon. Member for Liverpool, West Derby also referred. As I described earlier, we view such representation as a baseline. Representation on governing bodies does not provide the whole answer for learner or staff engagement. Learners and staff should be engaged at a policy level in plotting the strategic direction of a college. As we move to a more freed-up system, so learner choice and learner judgment will play an increasingly critical role in how colleges evolve. I hear what the hon. Gentleman says about the process. We are moving ahead boldly, but cautiously. At this juncture, it is probably best for me to leave that there.

Amendment (a) to Lords amendment 36 would require the chief executive of skills funding to make “best” efforts rather than “reasonable” efforts in respect of apprenticeships. Of course I understand the intention to strengthen the focus on the delivery of this important objective. It is crucial to maintain and, indeed, improve the quality of apprenticeships while we grow their number. When something grows rapidly, it obviously creates a pressure on quality. Inevitably, the momentum will lead to more employers and more providers becoming involved and more individuals becoming apprentices—including people who might not have done so if the system was smaller. I believe that places an extra responsibility on us to ensure that the integrity of the brand is retained by an appropriate emphasis on quality, and as I said on the Floor of the House a few days ago in a different debate on a different subject, we will do that. The hon. Member for Liverpool, West Derby is right to say that this amendment, and his argument about it, draws attention to the issue of quality. The debate in the other place and the discussions to which he referred—I pay tribute once again to Lord Layard and others—helped us to concentrate our thinking on maintaining and improving the quality of the apprenticeships offered.

Graham Stuart Portrait Mr Graham Stuart
- Hansard - -

Does my hon. Friend agree that the number of apprenticeships going on to level 3 is a big indicator of quality and that we want more apprentices getting to level 2 to go on to level 3? Has he given any more thought to providing a more flexible level 3 offer for 16 and 17-year-olds who often find that, if they want to go on to level 3 after completing level 2, the funding gets cut in the current system?

John Hayes Portrait Mr Hayes
- Hansard - - - Excerpts

The hon. Member for Liverpool, West Derby spoke a little about the age spread of apprenticeships in arguing for his amendment. Although he did not deal particularly with the point that my hon. Friend the Member for Beverley and Holderness (Mr Stuart) just raised, this is not the first time that my hon. Friend has mentioned it. It is important to devise a system that maximises the prospect of progression, in the way that he describes.

The good news is that the biggest proportion of growth in the numbers that were drawn to the House’s attention a week or so ago was in level 3 apprenticeships. I think that that rather frustrated the critics who had assumed that the biggest proportionate growth would be at level 2. In proportional terms, the number of level 3 apprenticeships has grown at the fastest rate over the last year. I can also inform my hon. Friend of a fact that has not been in the public domain until now: indications suggest that the length of apprenticeships among those aged over 25 is increasing. That is also rather counter-intuitive for those who listen to the critics from the bourgeois left, the glitterati and chatterati who look down their noses at practical learning in a way in which you and I do not, Mr Deputy Speaker.

My hon. Friend was, however, right to draw our attention to other measures that we might take in respect of progression. I know that one of his suggestions is that we should look at ways of helping people to undertake parts of a level in which they were otherwise already competent. There may be ways in which we can adopt a more modular approach to progression. I do not intend to discuss that at length now, because it is not entirely pertinent to the amendment, but it is relevant to what has been said by my hon. Friend and by the hon. Member for Liverpool, West Derby, who also made a point about the age spread of apprenticeships.

Oral Answers to Questions

Graham Stuart Excerpts
Thursday 27th October 2011

(14 years, 6 months ago)

Commons Chamber
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Lord Willetts Portrait Mr Willetts
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I congratulate my hon. Friend on his ingenuity in pursuing that constituency case, about which we have corresponded. Just as he was with the Pfizer case at Sandwich, he is a persistent hon. Member and I congratulate him on that. However, we believe that if we were to take the ingenious approach he proposes, it might mean that the 10,000 undergraduates currently benefiting from financial support lose it.

Graham Stuart Portrait Mr Graham Stuart (Beverley and Holderness) (Con)
- Hansard - -

18. What assessment he has made of the difficulties faced by apprentices aged 19 and over in obtaining adequate funding for level 3 qualifications.

John Hayes Portrait The Minister for Further Education, Skills and Lifelong Learning (Mr John Hayes)
- Hansard - - - Excerpts

The Government are investing significantly in adult apprenticeships, with earmarked investment of £679 million in 2011-12. We rely on employers coming forward to make places available and many more are doing so every day, week and month. There were 114,900 starts in 2010-11—nearly twice as many as in the previous year—for those aged over 19.

Graham Stuart Portrait Mr Stuart
- Hansard - -

The Minister not only champions apprenticeships but facilitates their delivery and I congratulate him on that. May I ask him to consider introducing a flexible three-year contract for young apprenticeships, with a break clause after year 2, so that there is an equalisation of funding for young apprenticeships on courses both before and after their 19th birthdays?

John Hayes Portrait Mr Hayes
- Hansard - - - Excerpts

Knowing my hon. Friend’s expertise and commitment to this subject, when I saw his question I spoke to my officials and got an interesting response from them. I think that if we better estimate at the outset people’s prospects of progression, we may well be able to take account of what my hon. Friend says. I invite him, as I did earlier, to come to the Department to talk that through and to see what changes we can make to remove any disincentives of the kind to which he refers.

New Schools

Graham Stuart Excerpts
Monday 10th October 2011

(14 years, 6 months ago)

Commons Chamber
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Lord Gove Portrait Michael Gove
- Hansard - - - Excerpts

May I thank the hon. Gentleman for his generous words and welcome him back to the Front Bench? He was a superb Minister in the Department for Education. Like Lord Adonis and the right hon. Member for Sheffield, Brightside and Hillsborough (Mr Blunkett), he was a reformist in government and I am more than happy to underline my appreciation for the work that he did. He is the third shadow Education Secretary whom I have faced across the Dispatch Box. His two predecessors indulged in raucous opportunistic assaults on our reform programme and were promoted as a consequence. I realise that there is now a battle between ambition and principle in the hon. Gentleman’s breast. I know that he will choose principle, as he always has done throughout his political career.

I am grateful to the hon. Gentleman for the support that he has given to the university technical colleges. They are emphatically a cross-party achievement. Lord Adonis played a part. I think others, including the right hon. Member for Morley and Outwood (Ed Balls), acted as fairy godfathers to the project. I am delighted that UTCs have their support.

It is important to recognise that the English baccalaureate is there to ensure that students pursue the sort of subjects that will get them into universities. The great advantage of university technical colleges is that they also have that link with higher education institutions that help to raise aspiration for all. There is no single tool that will raise aspiration in all our communities. We have to use whatever tools are to hand. I believe that the English baccalaureate, as so many head teachers are demonstrating, helps alongside high quality vocational education, to raise aspirations and increase the number of students going into higher education.

The hon. Gentleman said that when he was looking at free schools, he wanted to apply a series of tests. The tests that he asked me to apply are: will they extend opportunity, will they drive up standards, will they have a fair admissions policy and will they close the attainment gap? Those are four sensible tests, and I would add a fifth—can they ensure that we have a low-cost way of adding capacity to our school system so that exactly the solution to the problem that he alluded to, the need for good school places, was found at the lowest possible cost?

The hon. Gentleman asked me about capital and drew attention to the difficulties that we have with capital in the Department for Education. These difficulties, I am afraid, are a consequence of economic decisions that were taken while he was out of the House by his successors in the Labour Government, and they landed us with a poisoned economic legacy. We are doing our very best to deal with it, and one of the things that we can do is ensure that we get more schools more cheaply. That is why I am so delighted that as well as the additional sums that have been made available for school repair, and as well as the additional sums that we are making available for new schools, the free schools programme has seen schools being delivered at a unit cost lower than was the case under the Labour Government’s school building programme.

Finally, the hon. Gentleman asked me whether I regretted not getting the same settlement for the Department for Education as other Government Departments. No, I do not regret it. I am delighted that we secured the same level of funding in cash terms for education as the previous Government had secured. I am delighted that we had the best revenue deal of any domestic Department, apart from the Department of Health. I am overjoyed that, thanks to the support of our coalition partners, there is £2.5 billion of additional money going in the pupil premium to the very poorest schools. It is additional money being spent in a progressive cause, and it is deliverable only thanks to the leadership shown by two parties working together in the national interest.

Graham Stuart Portrait Mr Graham Stuart (Beverley and Holderness) (Con)
- Hansard - -

The Secretary of State is bringing choice and diversity to our education system while seeing off his shadow at the same time.

For too many 14-year-olds school is an ordeal from which they learn and benefit not at all. I welcome the support for more UTCs, but for those who do not have the choice of a UTC, what steps will the Secretary of State take to ensure that young 14-year-olds can go to college instead of school if they wish?

Lord Gove Portrait Michael Gove
- Hansard - - - Excerpts

My hon. Friend makes a very good point, which is that we need to think hard about the paths that those from the age of 14 will follow. One of the things that I believe we can do is ensure that high quality further education colleges make available their resources, whether through sponsoring underperforming schools or allowing lecturers or others from FE colleges to operate in schools. Following on from the Wolf report, we have already changed the law to allow that to happen. But there is more that can be done to integrate the great work that FE colleges and schools do.

Careers Service (Young People)

Graham Stuart Excerpts
Tuesday 13th September 2011

(14 years, 7 months ago)

Commons Chamber
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Andy Burnham Portrait Andy Burnham
- Hansard - - - Excerpts

My hon. Friend puts her question very well. The Government have got their priorities completely and utterly wrong. If I were a young person watching these proceedings tonight, I would be asking why since the coalition Government came to power they had singled out young people for this barrage of cuts. Do they think that young people are an easy touch? I do not know, but that is what I would be asking if I were them. I would also be asking what an elected police commissioner was going to do to improve life in the community. Very little, I would suggest. I return to the point that I was making earlier. If Government Members do not think that an impersonal, remote service is good enough for their children, they should not accept such a service for anyone else’s children in their constituency.

Graham Stuart Portrait Mr Graham Stuart (Beverley and Holderness) (Con)
- Hansard - -

As my right hon. Friend the Member for Wokingham (Mr Redwood) said, everyone in the House would like to see high-quality careers advice, but a little humility might be required all round, not least from representatives of the previous Government, under whom the number of young people not in employment increased in this country despite the fact that it fell in other OECD countries. Furthermore, as their own report showed, at the end of their term in office, the standard of careers advice for young people was palpably poor. Does the shadow Secretary of State agree with the Government’s intention to take the decision making down to school level and let the school decide what is most appropriate? In many cases, that will involve face-to-face advice, although I do share his desire to see greater resources allocated to that.

Andy Burnham Portrait Andy Burnham
- Hansard - - - Excerpts

I thank the Chair of the Select Committee for his question. He calls for humility, but I acknowledged at the beginning of the debate that we did not get the Connexions service perfect and that we were prepared to work with the Government. I pay tribute to him in leading the Select Committee’s production of a very good report that comes to the right conclusions on this issue. It is possible for schools, with sufficient support, to provide face-to-face advice, although I do not think that he or I would want to go back to the days when the PE teacher or some other member of staff was responsible for giving careers advice and did not do a particularly good job of it. We need independent, good-quality, face-to-face advice.

There is an important point to be made about conflicts of interest. At 16, young people face choices about whether to go on to further education college or sixth-form college, or whether to stay at their school. It is important, in the highly competitive world that the Government are creating, that the careers adviser in the school should not have a vested interest in advising the young person to stay there if that would not be the best option for them. That needs to be thought through, but, without a transition plan, we have no means of judging what will happen. The Government have simply not provided us with any detail.

--- Later in debate ---
Stephen Twigg Portrait Stephen Twigg
- Hansard - - - Excerpts

My hon. Friend is absolutely correct. I was going to make a similar point later, but she has made it very powerfully.

The Minister for Further Education, Skills and Lifelong Learning, who is not here this evening, has been cautious in his criticism of the previous Government’s programmes, and rightly so. Of course, as Members on both sides of the House have said, there were serious imperfections with Connexions and Next Step, but we must be careful not to write off the positive features and the important work of many talented and committed professionals who have worked, as some still do, in those programmes.

Today, in advance of tonight’s debate, I spoke to people in some of the secondary schools in my constituency. Those at St John Bosco school in Croxteth told me about the work they have been doing with the Aimhigher programme. They have drawn particularly on the importance of the role of face-to-face contact by employing a graduate mentor to assist the girls at the school with their university applications and career development. This is a school in a very deprived neighbourhood that has an excellent reputation and a high percentage of its girls going on to university.

Cardinal Heenan school for boys has pioneered a particularly innovative approach to careers advice. I want to commend Dave Forshaw, the head teacher, and his team for their industry day programme, which I have had the opportunity to visit on two occasions. The programme draws on alumni, partners and a range of local organisations to deliver rich and effective careers advice, starting in year 7. Its recent industry days have had contributions from a former pupil of the school, the actor Ian Hart, who appeared in the Harry Potter films, as well as local and national journalists, sports professionals, solicitors, accountants and others. West Derby school has adopted a similar approach and held its first careers convention last year.

I cite those examples because they demonstrate two important points. The first is the critical importance of giving information and advice at an early age. Too often, these things are left too late. The second is the importance of drawing on expertise, including among the alumni of the schools themselves, to inspire young people.

The head teachers of those schools said to me today that quality careers advice needs resources. They are very concerned about what they see as a potential shift in policy away from face-to-face interaction to online and telephone-based services. My right hon. Friend the shadow Secretary of State set out the research published by Unison that was done at the university of Derby, which shows the sheer scale of the cuts in careers services up and down the country. That is the backdrop for this important debate.

Some of this debate has focused on low-cost solutions and how effective they are in delivery. I would like to bring the House’s attention to the work of an organisation called Future First. It has done excellent research on careers services. Like the head teachers of the schools in my constituency that I have cited, it emphasises that careers advice cannot be reduced to online information and telephone services. A complementary model is surely the best way forward. Future First seeks to increase social mobility by building communities of alumni around state schools to inspire young people about their futures.

Graham Stuart Portrait Mr Graham Stuart
- Hansard - -

The hon. Gentleman is giving a passionate speech. He has just said that careers advice should be complementary, and I agree. However, the Opposition motion does not say that the Government should seek to find additional funds to provide face-to-face careers advice; it says that all young people should be provided with face-to-face careers advice whether they need it or not. That does not sound complementary; it sounds like the cumbersome over-specified and overly expensive processes that we saw too much of under the previous Government.

Stephen Twigg Portrait Stephen Twigg
- Hansard - - - Excerpts

Not at all. What I mean by complementary, and what I understand Future First to mean by complementary, is that we need face-to-face advice, but that that is not enough. We also need the other projects to which I and other Members have referred.

School Funding Reform

Graham Stuart Excerpts
Tuesday 19th July 2011

(14 years, 9 months ago)

Commons Chamber
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John Bercow Portrait Mr Speaker
- Hansard - - - Excerpts

Order. A great many right hon. and hon. Members are seeking to catch my eye, but I remind the House that there is another statement to follow and a series of very heavily subscribed debates to take place under the auspices of the Backbench Business Committee, as a consequence of which there is a premium on brevity from Back and Front Bench alike.

Graham Stuart Portrait Mr Graham Stuart (Beverley and Holderness) (Con)
- Hansard - -

I welcome the statement from the Secretary of State. Too many areas, particularly rural areas, have suffered from grossly inequitable funding for too long. I welcome what the Secretary of State said because rural areas have additional costs, which are not met by current funding. Can he assure the House that we will not falter in moving to fairer funding and we will put real need ahead of political convenience in bringing forward a national funding formula in due course?

Lord Gove Portrait Michael Gove
- Hansard - - - Excerpts

My hon. Friend is absolutely correct.

School Closures (Thursday)

Graham Stuart Excerpts
Tuesday 28th June 2011

(14 years, 10 months ago)

Commons Chamber
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Urgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.

Each Urgent Question requires a Government Minister to give a response on the debate topic.

This information is provided by Parallel Parliament and does not comprise part of the offical record

Lord Gove Portrait Michael Gove
- Hansard - - - Excerpts

I was grateful to the right hon. Gentleman for the constructive way in which he began his response, but I think that, on reflection, he will consider the way in which he concluded it to be irresponsible at this time. The whole House wants to see people keeping level heads and maintaining an even temper at this time, and the fact that he chose to ratchet up the rhetoric in that way was not appropriate.

I am grateful to him for supporting the direction of Lord Hutton’s reforms and for his initial words about the responsibility of all local authorities and heads to keep schools open in order to ensure that we do everything possible to minimise disruption. Because teachers are employed by local authorities and individual heads, individual local authorities and heads have to depend on teachers telling them whether they will be on strike before making contingency arrangements. That is a direct consequence of the labour laws that we inherited from the right hon. Gentleman’s Government. If he believes that those laws should change, and that we should reform trade union laws, I should like to know about it.

The right hon. Gentleman asked us to update Members of the House with data, and we will do so. At the first available opportunity when the data are reliable, we will share them with hon. Members, with local authorities and with individual parents. He also asked us to do everything possible to keep children safe and secure. The safety of children is always my first concern, and that is why I want to see schools remain open, and why I have written to local authorities and outlined the flexibilities that they have. It is also why I have drawn their attention to the statutory guidance that covers health and safety and child protection.

The right hon. Gentleman referred to the 3% surcharge that is being placed on pensions. As a former Chief Secretary to the Treasury, he should be aware that every aspect of the pension reform that we are bringing forward is a direct result of the dire mess in which he and his colleagues left our economy. If people want to know why our pensions have to be reformed, they need only look at the financial mess that was made—[Interruption.] I am afraid that the intemperate response coming from the Opposition Benches reinforces the guilty consciences on that side of the House.

The right hon. Gentleman also quoted from a speech that I gave to the Association of Teachers and Lecturers. It is important that he not mislead the House or anyone listening—[Hon. Members: “Oh!”] I am sure that he would never do so intentionally, which is why I hope that he will stress that the proposals that we are putting forward respect the accrued rights of all those who have been in state pension schemes up until this moment—[Hon. Members: “Withdraw.”] I know that he would wish to make that clear.

The right hon. Gentleman also said that, in the last year of the Labour Government, we had the lowest number ever of days lost to strike action. The truth is that, in the past year under this coalition Government, we have lost even fewer days to strike action. If we are to maintain that record, we need calm on both sides of the House, and not the pandering to the union gallery that we heard at the end of the right hon. Gentleman’s comments.

Graham Stuart Portrait Mr Graham Stuart (Beverley and Holderness) (Con)
- Hansard - -

Does the Secretary of State agree that it is irresponsible for union leaders in the teaching unions who are on six-figure salaries to lead teachers out on strike when two thirds of their members did not even vote in the ballot? Does he also agree that this action will undermine and damage the education of children and the status of the teaching profession?

Lord Gove Portrait Michael Gove
- Hansard - - - Excerpts

We all listen with respect to the Select Committee, and its Chairman is quite right. The general secretaries of those trade unions have, throughout their careers, shown a commitment to improving state education. I therefore believe that their motives are right in most circumstances. On this occasion, however, they have made a mistake and they should acknowledge it.

Munro Report

Graham Stuart Excerpts
Thursday 9th June 2011

(14 years, 10 months ago)

Commons Chamber
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Tim Loughton Portrait Tim Loughton
- Hansard - - - Excerpts

I will give way to the hon. Member for Strangford (Jim Shannon) and then to my hon. Friend the Member for Beverley and Holderness (Mr Stuart), but after that I would quite like to make some progress; otherwise nobody else will get in.

Tim Loughton Portrait Tim Loughton
- Hansard - - - Excerpts

I am grateful. I am planning a visit to Belfast next month, and if the hon. Gentleman’s colleague would like to meet me, I would be delighted.

Graham Stuart Portrait Mr Graham Stuart
- Hansard - -

When the Select Committee on Children, Schools and Families looked into the training of social workers in the last Parliament, it found that they could find themselves dealing with the most acute and difficult children’s cases having had placements in their training that did not involve children’s social work at all. They went from having no experience at all to the front line. Has the Minister been able to do anything about that yet, and if not will he tell the House what he will do about it?

Tim Loughton Portrait Tim Loughton
- Hansard - - - Excerpts

The Chairman of the Select Committee on Education again makes a very good point and he has a good deal of expertise in this matter. It is completely self-defeating for newly recruited social workers to be turfed in at the deep end on tier 3 or 4 cases—serious cases—with little experience or expertise. How demoralising is that, let alone the danger it poses for the vulnerable children who need to have the appropriate level of support?

A number of things need to be done and they are being done. We need to ensure that we have the right calibre of people coming out of universities with degrees in social work. In the first year after their qualification, they should be given on-the-job guidance and training, preferably by people with great expertise. They should be eased into jobs at an appropriate rate in appropriate circumstances. My hon. Friend raises a very important point. Virtually every week I speak to social workers and visit children’s services departments—I make a point of seeing social workers on the front line—but I have met too many who are given challenges for which they are not appropriately equipped at that stage.

I should like to make progress now because I am keen for other hon. Members to contribute and I have a few more points to make. I got up to recommendation 10—I do not know why recommendation 9 brought about the pause that it did. Recommendation 10 is that the Government should place a duty on local authorities and statutory partners to secure the sufficient provision of local early help services for children, young people and families. That is very appropriate to the early intervention work that the hon. Member for Nottingham North (Mr Allen) has been doing for the Department.

Recommendation 11 is that the social work reform board’s professional capabilities framework should incorporate the capabilities necessary for child and family social work. That is precisely the point that the Chairman of the Education Committee just raised. That framework should explicitly inform social work qualification training, postgraduate professional development and performance appraisal.

Recommendation 12 is that employers and higher education institutions should work together so that social work students are prepared for the challenges of child protection work, including through better quality placements.

Recommendation 13 is that local authorities and their partners should start an ongoing process to review and redesign the ways in which child and family social work is delivered.

Recommendation 14—I am almost there without taking another intervention—is that local authorities should designate a principal child and family social worker who can report the views and experiences of the front line to all levels of management. I have too often seen good social workers, who have built up good reputations and who are really good hands-on, get promoted, become managers and get stuck behind a desk. In that way, we lose front-line expertise. Some models, such as the one in Hackney, mean that people can gain seniority within their profession but not lose contact with people at the sharp end and the families that they entered the profession to help.

The 15th and final recommendation is that a chief social worker should be created to advise the Government and to bring the voice of the profession to policy. That was discussed recently in relation to the Health and Social Care Bill, and it was a recommendation of my report back in 2007.

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Tim Loughton Portrait Tim Loughton
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The hon. Lady is right and will know that we have been doing a lot of work on adoption. I have set up a ministerial advisory group with all sorts of people, and we have issued new guidance, as I said earlier. We need to balance timeliness with appropriateness to ensure that where it is clear—it is not always so—that an adoptive placement is the best way forward and in the best interests of the child, we get on with it.

There are, I have to say, some people who, usually because of excessive addiction to drugs and alcohol and a complete failure to rehabilitate, will never be able safely to bring up children in their care. I have sat in family courts and seen parents—usually single mothers— have their ninth, 10th or 11th child taken into the care system. If that parent’s situation has not improved, can we be sure that it will ever improve? Need we take that risk, and wait years while a child is kept in an abusive situation? Again, those decisions require the judgment of Solomon, which is why I will shortly be holding a round-table meeting with a group of judges from the family court, directors of children services and chairmen of adoption panels to consider how we can make the adoption process better, more efficient, more robust and fairer; to ensure that we are making the right decisions for the too many children who are left in the system and could benefit from adoption; and to ensure that we are not taking into adoption children for whom it is not appropriate. I know that there are concerns there as well.

Finally, we need to remember in our policies the particular needs of vulnerable young people and the fact that they have the same right to enjoy the rich experiences of growing up, the transition to adulthood and becoming valuable members of society as those lucky enough to be part of safe, loving and stable birth families of their own. I recognise that it is vital for the sensible policy put forward by Professor Munro to be backed up by proper investment. As my hon. Friends will be aware, the Government have already announced some funding to support work force development, but the real cost is the cost of failure. The current system needs fixing. Because it needs fixing, huge amounts of resource are wasted. One local authority that has been working with Professor Munro and the review team as a “journey authority” calculated that around 50% of its children’s social care workers’ time is wasted in nugatory activity that does not add to the quality of service or outcomes, which is something that the authority is now starting to recoup—a resounding endorsement of the need to eliminate unnecessary red tape if ever there was one.

Few things are more important than helping and protecting vulnerable children and young people. In our first year in government, we have shown in the wide range of actions that we have taken—on child protection, children in care, adoption, fostering and dealing with the sexual exploitation of children—that we are deeply committed to tackling these issues, and I am determined to ensure that we make progress. Sadly, we need to recognise that despite Government reforms and the hard work of professionals, tragedies will still happen. There are individuals who will harm children. We cannot eliminate that risk, but we can all work to help to reduce and manage it—indeed, we all have a duty to do so. Society is right to expect professionals to take responsibility and make the best judgments that they can in the best interests of children. Those judgments will not always be the right ones, but they need to have been made for the right reasons and on the best possible evidence.

This Government believe that we need to move towards a child protection system with less central prescription and interference, and in which we place greater trust and responsibility in skilled professionals on the front line. Professor Munro has provided us with a thorough analysis of the issues. It is now for the Government, working with the sector, to help to bring about sustainable reform. That is why I have established an implementation working group, drawing in expertise from local authority children’s services, the social work profession, education, police and the health service, to work with the Government to develop a response to Professor Munro’s recommendations by the summer recess. We are today publishing on the Department for Education website the first account of the group’s deliberations, which started at the end of last month.

Graham Stuart Portrait Mr Graham Stuart
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Will my hon. Friend give way?

Tim Loughton Portrait Tim Loughton
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Before I reach the final line of my speech, I will give way to my hon. Friend.

Graham Stuart Portrait Mr Stuart
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I am delighted to hear that those other agencies are represented on the implementation group. Will my hon. Friend say a little more about the group’s remit and how we can ensure that other Departments integrate with it, so that it is not just the social work profession that looks to respond to the Munro review?

Tim Loughton Portrait Tim Loughton
- Hansard - - - Excerpts

The Chairman of the Select Committee on Education makes a good point. The people serving on the group, whose names are published on the website, have been chosen not because they are the great and the good—although I am sure many of them are great and some of them are good—but because they are experienced practitioners with expertise in their particular areas. For example, we have on the group the chief safeguarding expert from the Royal College of Paediatrics and Child Health, and a safeguarding expert from the NHS Confederation. We also have the Under-Secretary of State for Health, my hon. Friend the Member for Guildford (Anne Milton), who is the Minister responsible for public health, a senior headmistress of a secondary school, a senior headmistress of a primary school, a senior police officer with a long record in child protection, a real social worker from the front line, along with a Labour councillor from an authority with a good track record in child protection, and so on.

This is absolutely about getting all the right parts of the jigsaw together and trying to produce a system that, by working together from the same song sheet and with the same priorities and the Government’s backing, produces an environment that ensures that we can keep more of our children safer. Today’s debate—even though I have taken up rather too much of it, and more than I had intended—will help to inform the implementation group’s response. I very much look forward to my hon. Friends’ contributions this afternoon.

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Toby Perkins Portrait Toby Perkins
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The hon. Lady makes a valuable point. The Munro review recognises the significant steps made in the direction of partnership working and some of the challenges, particularly in difficult financial circumstances. The report also deals with other innovations that might be needed to help achieve the hon. Lady’s suggestion in her valuable point.

The report’s recommendations on the education, training and continuous professional development of social workers are an important step forward. We entirely endorse the review’s commitment to the highest standards and consistency of education, the importance of the highest quality of practice placements and the new supported and assessed first year in practice, acting as the final stage of becoming a fully practising social worker. We recognise that more must be done to strengthen the quality of social work in this country, and a real commitment to improving education and recruitment will be very welcome.

We also believe that the recommendation for local authorities to appoint a principal children’s and family social worker could play an important role in ensuring that the voice of those who safeguard our most vulnerable children is heard loud and clear in every town hall in the land.

We particularly welcome the further support for early intervention to identify and work on problems as soon as they are presented. Professor Munro particularly identifies the importance of early intervention whenever it occurs in a child’s life, and we entirely agree with her on that. Although many families that require the help of social services might appear likely to head down the wrong path in life from an early stage, changing circumstances can mean that children and families hit problems and need support at any time in the childhood journey—and the earlier those problems are identified and the more broadly all parties work together, the better the chance that families can be kept together and problems averted before they become impossible to deal with.

The review also focuses at length on the importance of partnership working, extolling the virtues of the existing networks in early years practice and the importance of a constructive relationship with the police, mental health services, adult social services and health professionals. The review expresses the fear that widespread changes and the desperate financial position in which some public services find themselves could lead to a fracturing of the partnerships. Indeed, we are already seeing evidence of that.

We know from the Secretary of State’s letter to Professor Munro, the choice of Professor Munro to head the review team, and the press releases that have emanated from the Department for Education that the need to cut paperwork and bureaucracy in order to enable social workers to do what they should be doing is intended to be a prominent theme, but anyone who focused solely on that element of the report would greatly undermine its quality and depth. I hope that no one will again attempt such a paraphrase, because the quality of the research and the importance of the issue deserve better. I am thankful that the Minister went far beyond that in his speech today.

We welcome the recognition of the importance of administrative support for social workers so that they can spend more time in the field. It is sad, however, that that comes at a time when Unison is reporting that many of its members with administrative roles are among the first to be laid off in councils. Administration and record-keeping vital: they can save social workers’ time, and are invaluable to the quality of their intervention. No one in this House wants to prevent social workers from spending as much time as possible working with children and families, and we all know that social workers themselves do not go into the profession with the dream of sitting at a wooden desk typing away.

There is no doubt that the review team considered at length the amount of central prescription and the amount of time spent on administration—matters that have also concerned the profession and its representative bodies and unions. We support the pilot schemes that are taking place in four authorities with the aim of relaxing time scales. They are at an early stage, but we look forward to the outcome. We urge the Minister to ensure that the additional quality assurance measures referred to in appendix D and implemented in Hackney are tightly observed while those trials are being completed, and that before anything is done to make the changes widespread, the full implications of those changes are understood.

Graham Stuart Portrait Mr Graham Stuart
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The hon. Gentleman touched on the subject of bureaucracy, but he did not make his views clear. Does he accept that there was too much prescription from the centre, does he accept that it was getting in the way of effective social work, and will he give an undertaking that a future Labour Government would not seek to reverse sensible, practical and common-sense attempts to reduce bureaucracy and ensure that the priority is given to the front line?

Toby Perkins Portrait Toby Perkins
- Hansard - - - Excerpts

I shall deal with that point in some detail later. However, I can say that we support the trials that are taking place. If the professionals feel that some measures can safely be dispensed with, that is acceptable as long as safeguards are established, as they have been in Hackney, to prevent slippage of cases. We do not want social workers to lose sight of the importance of some cases along with the paperwork.

The report is evidence based, and Professor Munro identifies both excitement and anxiety in the profession about the steps to be taken. Throughout its time in government Labour took advice from experts seriously, as the present Government are doing.

Oral Answers to Questions

Graham Stuart Excerpts
Monday 23rd May 2011

(14 years, 11 months ago)

Commons Chamber
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Lord Gove Portrait Michael Gove
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We gave an answer to that excellent report with the publication of our White Paper, “The Importance of Teaching”. From that title, I am sure that the hon. Gentleman will draw the appropriate inference that there is nothing more important than teaching.

Graham Stuart Portrait Mr Graham Stuart (Beverley and Holderness) (Con)
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The James review found that school buildings that are beyond being merely fit for purpose make no real contribution to educational standards and that teaching and leadership are what make the difference to outcomes for children, not least in our weakest schools. Will the Secretary of State explain the difference in spending patterns that will be implemented by this Government as compared with those of the previous Government?

Lord Gove Portrait Michael Gove
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That is a typically good question from the Education Committee Chairman. Unlike the previous Government, we will not be wasting money on a capital programme that is out of control and bureaucratic. Instead, we will be investing money in making sure that more of the very best graduates go into teaching and we will be expanding opportunities for inspirational figures such as Peter Hyman to open new free schools and target the disadvantaged, who need them most.

Vocational Education

Graham Stuart Excerpts
Thursday 12th May 2011

(14 years, 11 months ago)

Commons Chamber
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Graham Stuart Portrait Mr Graham Stuart (Beverley and Holderness) (Con)
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Professor Wolf might not have thought that the English baccalaureate on its own could distort and harm outcomes for the poorest in our schools, but I have to say that the Chairman of the Select Committee feels that it could. However, I welcome what the Secretary of State has said today about building a balanced score card. Can we work to create a consensus across the House that what we need is an assessment and accountability framework that gives equal weight to the progress of every child? We do not want too complicated a set of targets, but we need a system that works, allowing schools to get on with it and deliver for everyone.

Lord Gove Portrait Michael Gove
- Hansard - - - Excerpts

That is a very good point. It is rather a shame that the view of some Labour Members—which is not shared by my hon. Friend—is that working-class children cannot achieve academic excellence. [Interruption.] I am afraid that that is the view of Opposition Front Benchers. Labour Members therefore feel that this is somehow an unfair and elitist measure, but I think that it is an aspirational measure. My hon. Friend is absolutely right: we need to ensure that all the abilities of all children are recognised, whatever their background. Labour Members need to return to the aspirational educational model that we saw under Lord Adonis, the hon. Member for Huddersfield (Mr Sheerman) and the former right hon. Member for Sedgefield, which was sadly abandoned three years ago.

Education Bill

Graham Stuart Excerpts
Wednesday 11th May 2011

(14 years, 11 months ago)

Commons Chamber
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Graham Stuart Portrait Mr Graham Stuart (Beverley and Holderness) (Con)
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I share the sentiments expressed by my hon. Friend the Member for East Surrey (Mr Gyimah) about the need to put the interests of the children first, but, as he said that it was a probing new clause, it would not be right to weaken the protection of those who teach and work in some of our toughest and most challenging schools. We have to send out the message—I think my hon. Friend the Minister has just done so—that, although we will protect and support the rights of the people who work in the toughest schools, we will ensure that we have a performance management framework that challenges underperformance, and we will not be afraid to restructure when putting new measures in place.

Nick Gibb Portrait Mr Gibb
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My hon. Friend is right, and the Government are committed to protecting those employment rights.

The underperformance of teachers is not necessarily the only reason why schools underperform; there is a whole host of reasons, one of which is that schools are burdened by bureaucracy. One key measure that we implemented in the opening months of the Administration was a reduction in the amount of bureaucracy and prescription that has been heaped on teachers over the past 10 years. With those few comments, I hope that my hon. Friend the Member for East Surrey will not press his probing new clause any further.

I turn to the new clause tabled by the right hon. Member for Birkenhead (Mr Field). We welcome the many initiatives in the independent schools sector, assisted by the schools themselves through bursaries and scholarships and by many charities, to support children who would not otherwise be able to receive an independent school education. The right hon. Gentleman may have seen the article in The Times today by Lord Adonis and Anthony Seldon, the headmaster of Wellington college, urging the independent sector to sponsor more academies, and we share the views of those two contributors. That should be happening, and we want to see more independent schools sponsoring academies, but the Government’s priority is to transform the state education system so that all children are able to access a good-quality education regardless of their background.

Our independent schools provide some of the best education in the world, according to the OECD and other commentators, and we are keen to encourage greater collaboration between the sectors so that best practice can be shared and schools can work more effectively together in the best interests of pupils and staff, but the right hon. Gentleman’s new clause is neither desirable nor necessary.

An academy is free to further its education objectives by using any funds it is able to raise through charitable donations or other similar sources, but academy funding agreements regulate the way in which such schools can use taxpayer funding. The general annual grant paid by the Secretary of State can be spent by an academy only on its normal running costs, and we have no intention of changing that. That does not mean academies cannot buy in additional support from independent schools or collaborate with them on joint provision, but the bulk of state funding should rightly be used to raise educational attainment and standards for the benefit of all pupils in the academy.

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Lord Brady of Altrincham Portrait Mr Brady
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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.

Graham Stuart Portrait Mr Graham Stuart
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Will my hon. Friend give way?

Lord Brady of Altrincham Portrait Mr Brady
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I happily give way to my hon. Friend, the Chairman of the Select Committee.

Graham Stuart Portrait Mr Stuart
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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.

Lord Brady of Altrincham Portrait Mr Brady
- Hansard - - - Excerpts

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.

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Andy Burnham Portrait Andy Burnham
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Yes, we do, but that is not the central point. In making that move, the Minister is weakening the overall powers of the Office of the Schools Adjudicator and taking away its teeth. We hear that he is also about to weaken the admissions code—I will come on to that in a moment.

My greatest fear is that in Gove’s world, less academic children, those with less parental support and those with special educational needs will be the biggest losers. The Secretary of State is creating by the back door what, as we have just heard, his own Back Benchers are today enticing him to create by the front door—an elitist, two-tier system that is good for some children and some families, not all children and all families. We need safeguards for all parents, and I implore the House to vote to keep them. Otherwise, we will leave uncorrected the real flaw that lies at the heart of the Government’s vision for the reform of public services.

In education and in health, if the Government plan more freedom and autonomy for providers, it is absolutely essential that the change is accompanied by a corresponding empowerment of the public and a greater ability for the users of services to hold providers to account. If the Government do not increase people’s voice, they will create a provider’s market, a free-for-all with an accountability deficit. If primary care trusts or local authorities are no longer there to ensure fairness for all, it is crucial that we keep and strengthen the mechanisms that protect the rights of patients and parents.

Graham Stuart Portrait Mr Graham Stuart
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Going back to the right hon. Gentleman’s point about the English baccalaureate, does he agree that we need an assessment and accountability framework that gives equal weight to the progress of every child? If he does—I hope that we can get consensus between the Front Benchers on that—does he agree that the current levers and pressures on schools provided by the requirement of five good GCSEs do not deliver that vision, and that Members on both sides of the House need to work harder to create a system that gives equal weight to the progress of every child?

Graham Stuart Portrait Mr Stuart
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My hon. Friend, who is nodding, has helped champion that issue very effectively in the Education Committee.

Andy Burnham Portrait Andy Burnham
- Hansard - - - Excerpts

The hon. Gentleman makes an important point. I agree with his emphasis on the needs of every child, and I further agree that the five A to C-grade GCSEs measure had its imperfections. He might, then, agree with what I am about to say.

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Andy Burnham Portrait Andy Burnham
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That is not the full answer. If schools are being judged by the gold standard of specific GCSEs, does the hon. Gentleman not accept that he is creating a real disincentive for schools to focus on the kids who are not taking those subjects? I know that he cares about vocational education, and I look to him to give us some more convincing answers that show that the Government are committed to those young people.

Graham Stuart Portrait Mr Graham Stuart
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Will the right hon. Gentleman give way?

Andy Burnham Portrait Andy Burnham
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I want to make some progress, but maybe I will give way to the Chairman of the Education Committee again later.

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Andy Burnham Portrait Andy Burnham
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My hon. Friend is absolutely right. The Bill weakens the schools adjudicator and could dilute the admissions code—although we cannot assert the latter as a fact, because we have only media reports to go on. It is a disgrace that the Minister has been unable to give that information to hon. Members, who are voting on life-and-death issues for their constituents: the question for parents is whether they can get the schools that they want. I put it to hon. Members that they will be doing a huge disservice to their constituents if they vote for a weakening of the admissions system without knowing what is in the code, and the full extent of the Government’s intentions.

Graham Stuart Portrait Mr Graham Stuart
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I asked the right hon. Gentleman earlier whether he would support the principle of an assessment and accountability framework giving equal weight to the progress of every child in our schools. Does he support that? If we collectively introduce such a system, we would not need such massive bureaucratic machinery to try to stop artificial selection in schools, because there would no longer be an incentive to pursue such measures. Rather, the system would encourage schools to attract more children who come with the pupil premium, and we could have a more equitable education system, along with the outstanding outcomes that we all seek.

Andy Burnham Portrait Andy Burnham
- Hansard - - - Excerpts

I sympathise with the Chairman of the Education Committee. I am reading into what he says the impression that he fears the effect of the English baccalaureate on the proposed free-for-all system, in which there is no power at local level to challenge what schools are doing, and in which the adjudicator does not have the teeth to rewrite admissions policies. I am sensing that the hon. Gentleman has real worries about that, and I ask him to urge those on the Government Front Bench to sort it out, before we drive real unfairness into our school system.

Yes, we should have a system that measures every child’s progress in the important things such as maths and English—that will be the bedrock of any system—but I fear that the English baccalaureate is a highly divisive tool that will set some children against others and give schools the wrong incentive.

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Andy Burnham Portrait Andy Burnham
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We know that the measure was applied retrospectively to schools, so the Government were encouraging the media to see it as a performance-management measure. It is so unfair to schools being sent out into this highly competitive environment to have their reputations so damaged, and to have not one but two hands tied behind their backs. The Government have knocked the stuffing out of some schools that have worked so hard to improve in recent years, and it is totally unacceptable.

Experts’ warnings about the admissions clauses could not be clearer. Children’s life chances are at stake here. The Government have failed to convince the experts that we can gamble with those life chances by weakening the admissions system. I intend therefore to press amendment 13 to a vote this evening. In the face of this free-for-all in education, it is vital that the rights of parents and children are protected, and that the House does not sleepwalk today into a return to selection in our schools.

Graham Stuart Portrait Mr Graham Stuart
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It is a pleasure to take part in this debate, and to see so many faces from the Public Bill Committee, as well as Select Committee members, including the stellar four or five Labour Back Benchers under the Gallery there.

I want to discuss my new clause 22 on home education. My hon. Friend the Member for Altrincham and Sale West (Mr Brady) has made most of the key points about his new clause 2. This is not about extending selection in our schools; it is about taking existing institutions—in many cases, institutions originally set up to serve some of the poorest in our communities—and allowing them to serve those communities again. I must confess to having been torn before deciding that supporting new clause 2 was appropriate, although there will be differences of opinion on both sides of the House—the shadow Secretary of State failed to note that supporters of the new clause include Labour Members as well as Government Members.

Stephen Twigg Portrait Stephen Twigg
- Hansard - - - Excerpts

The Select Committee Chair says that new clause 2 would not extend selection, but it would involve its extension within the state system. Does he not acknowledge that a number of independent schools, including Belvedere school in Liverpool, have entered the state system and been willing and happy as a condition to become local comprehensive schools? Is that not a better approach, if we are to widen opportunities for as many young people as possible?

Graham Stuart Portrait Mr Stuart
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The hon. Gentleman makes a fair point. Where the institution feels that it best serves its mission to improve education by becoming a comprehensive, it would be free to do so. If I have read it correctly, which I hope that I have, the proposal does not insist that schools should retain their existing selection or non-selection criteria, so the tone of what the hon. Gentleman has said is perhaps unfair.

My new clause 22 would impose an obligation on the Secretary of State to issue guidance to local authorities on how they handle families who seek to home educate their children ahead of changes in the regulations. However, my new clause has been overtaken by events. The Government have let me know today that they have decided not to go ahead with those regulations, which would have changed the rules on what happens when a parent deregisters their child from a school in order to home educate.

The Badman review, which many hon. Members will remember, under the previous Government recommended a 20-day period in which a child’s name should remain on a school’s register, so that if the parents had been pushed into home education because of failures on the part of the school or local authority to meet the needs of their child, they would not automatically lose a place at school, but would have time to think through the implications of home education.

That recommendation by the Badman inquiry was accepted by the then Select Committee on Children, Schools and Families. I always thought that that was right, because it seemed to place no restrictions on the rights of parents and families, but seemed to restrict the rights of schools and local authorities, which, according to Badman, if I recollect correctly, were in some cases using home education to push away children whose needs they were failing to meet, finding it easier to push that responsibility on to parents who did not really wish to pursue it.

On the face of it, that recommendation seemed reasonable, which I am sure is why the Government came forward with proposals to implement it, having seen that both Badman and the Select Committee supported it. However, it was not recognised that the Government’s formal consultation on the Badman recommendations had shown that, far from being uncontroversial, the proposal had attracted opposition from 75% of those who responded, with only 13% agreeing. Why would that be the case? Why would families be concerned about having the power to return their children to school within 20 days, with no restriction whatever on their freedoms and no delay forced on the start of their home education? The answer lies in the behaviour of local authorities.

Many home educators expressed alarm and horror at the proposal when it came out recently—those home educators were not formally consulted by the Government, because the proposal was supposedly uncontroversial—because, they said, it would lead to bullying and intimidation of parents who had decided to home educate. Those home educators said that the proposal would serve as another excuse for local authorities to misinform parents and tell them that the local authority would decide on the quality of the education provided by parents and that it should sit in judgment on whether they were fit and proper people to educate their children. That would be an entire reversal of the long-standing legal settlement in this country, which says that it is the parents’ duty to educate their child. Most parents choose to delegate that to the state, through state schools, and some to private schools, with a small number choosing to carry it out themselves. It is a fundamental basis of education in this country that the parent remains the No. 1 decider of how their child is educated.

In case that response was just overly paranoid home educators who felt that properly caring local authorities would be asking them impertinent questions or who had misread or misunderstood what they were doing or saying, I can share with the House the fruits of my labour last night, which I spent on the internet looking at various local authority websites. A colleague texted me at 6 o’clock to say that we were going to be let go unusually early, and that a night of fun and frolics could lie ahead. I had to say, “No, my fun will involve looking at local authority websites.” Tameside metropolitan borough council’s elective home education guidelines say:

“It is up to parents to show the local education authority that they have a programme of work in place that is helping their child to develop according to his/her age, ability and aptitude and any special educational needs he/she may have.”

But it is not up to parents to justify that to the local authority; all too often, it is the local authority that has let down that family and those children through its failure to provide proper education. The local authority should be the servant of the family; the family should not have to answer to the needs of the local authority.

Lisa Nandy Portrait Lisa Nandy (Wigan) (Lab)
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I absolutely agree that it is important for parents to be involved and in control of decisions about their own children, but I am dismayed that I have heard very little from the hon. Gentleman about the children themselves. The reason that we have frameworks is not to create unnecessary bureaucracy but to make absolutely certain that we are protecting our children and ensuring the best outcome for them. I would like to hear his response to that point, because before coming to the House, I worked for many years with children, some of whom had suffered the most appalling neglect and abuse at home, and for whom the state was a real lifeline.

Graham Stuart Portrait Mr Stuart
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The hon. Lady makes some fair points. Certainly the right of the child is central, but I believe that the parent is the best protector of that child’s needs. Of course, the local authority has a role in intervening when there is problem. However, fewer than half the children in this country get five good GCSEs as a result of compulsory state schooling for 11 years, so the state is hardly in a position to lecture parents who make a massive sacrifice to find ways of educating their children themselves. Furthermore, according to all the evidence that I have seen, there is no suggestion that home-educating parents—although they might be rather radical and act in ways that would not fit with my idea of how to educate a child—do a worse job for their children educationally than the state; quite the opposite, in fact.

It is interesting that, although Badman selectively quoted evidence from New Zealand, he failed to mention that, just before he produced his report, New Zealand scrapped the registration guidelines that formed a central part of the report.

Barry Sheerman Portrait Mr Sheerman
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Will the hon. Gentleman give way?

Graham Stuart Portrait Mr Stuart
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Before I give way to the former Chair of the Select Committee, I must deal with the point on which I disagree most with the hon. Member for Wigan (Lisa Nandy). She has done what Badman did, and what the former Secretary of State did under the previous Government, which is to conflate child abuse with home education. Education and welfare are two separate things. Contrary to what Graham Badman stated in his report, and failed to substantiate in the Select Committee, there is no evidence that home-educated children are more subject to abuse than children in general. When there is a risk, local authorities have all due powers to intervene, and so they should. When such evidence arises, the authorities can and should go in to ensure the protection of the child. However, we cannot have the suggestion that home-educating families are linked to a problem of abuse. Nothing could be further from the truth, and it is important to nail that fact. We must not do as the previous Home Secretary did, which was to smear the reputation of home-educating families by suggesting that there is a problem, because there is no evidence for that.

Barry Sheerman Portrait Mr Sheerman
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I do not think that the hon. Gentleman means to do so, but he is being a little misleading about what happened in the Select Committee inquiry, in which he failed to persuade the majority of the Committee of his views on this subject. Many of us on the Committee took a rather different view and wrote the majority report along those lines. What he gets wrong is the balance. This is not about a balance between abusive parents doing dreadful things to children, on the one hand, and the local authority letting them down, on the other. Rather, we found a lot of evidence to show that what was supposed to be home education actually did not amount to very much at all.

Graham Stuart Portrait Mr Stuart
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The hon. Gentleman is incorrect on the central point. Although the report did not take the same form as it would have done if I had written it alone, the central point about the need for registration and licensing of families that want to educate their own children was rejected by the Select Committee—it was Labour-dominated and chaired so ably by him. That point was rejected, and the report said no to the central recommendation of Badman. The previous Government still pursued that recommendation, but it was—eventually and rightly—thrown out by Parliament before the last election.

Barry Sheerman Portrait Mr Sheerman
- Hansard - - - Excerpts

Of course we rejected that element of policy, and quite rightly, but that is not the case that the hon. Gentleman is making. It is a serious concern if we do not know what kind of syllabus or stimulus children will get in the home education environment. Children’s education, and not just their welfare, is their right. The hon. Gentleman is trying to turn the issue into one of welfare against education, but that was not the line that we took.

Graham Stuart Portrait Mr Stuart
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The hon. Gentleman is entitled to his views on how current regulation should be changed. That, after all, was what the Badman report and our Select Committee report were all about.

What I am discussing today—I do not want to take up much more time—is the current law, which is clear, although it is not properly represented by many local authorities. I will not go through all the legal aspects, but I will mention the 2007 guidelines on elective home education for local authorities, which were produced by the Department for Children, Schools and Families in 2007. It is still available on the departmental website, subject only to the need for an update to take into account changes in the rules governing children missing from education. The report stated:

“Local authorities have no statutory duties in relation to monitoring the quality of home education on a routine basis.”

If there is no evidence that education by home educators is inferior to that provided by the state, what is the role of the state? Apparently it is to stick its nose into families that have often been let down by the same instruments of the state and impertinently to try to impose exactly the same kind of regimented approach to education that failed for those children. That is why the parents made the massive sacrifice of taking their children out of school in the first place.

We must defend freedom and a principle that is perhaps even more important than that, which is that the law, as it stands, must be enforced. If the hon. Member for Huddersfield (Mr Sheerman) wishes to campaign to get it changed and is successful in convincing this place, what he wants will then become the law. Local authorities must honour and observe the law as it stands and not overstate it because they happen to agree with the hon. Gentleman. They cannot make the law up as they go along because they do not like the current settlement. The current settlement is clear: local authorities have no statutory duties in relation to monitoring the quality of home education.

I have already dealt with Tameside, so let me touch quickly on Barnsley. Its elective home education information leaflet says that

“the law allows parents to educate their children at home instead of sending them to school, if they fulfil certain conditions.”

That is subtly done. I am not sure whether it is strictly inaccurate, but it is suggestive enough to make it sound as though the council decides whether those conditions are fulfilled. It goes on to make it clear that that is precisely its conclusion:

“Barnsley MBC will need to be satisfied”—

in other words, the council will need to be satisfied—

“that a child is receiving suitable education at home, and the Assessor”—

these people are even called assessors; who do they think they are?—

“will ask to meet with the family in order to talk to the parents and to look at examples of work and learning.”

That is beyond the law. I want the Minister to confirm that he will make sure that local authorities no longer produce misinformation like that and use it in order to abuse their power over families.

Sheffield provides another example. Parents there are told:

“You must show that the opportunities being provided are helping your child to learn and that development is taking place appropriate to their age, ability and aptitude.”

It is fair enough for parents to have a duty to provide suitable education and meet those requirements, but local authorities have no right to interpose themselves and decide that that is not happening. If they have reason to believe that suitable education is not being provided, they have a duty to challenge, but only in that event. They do not have the right routinely to monitor and interfere.

Sheffield city council continues:

“The Children Service Authority (CSA) is responsible for ensuring that the arrangements provide a suitable education for your child.”

That is not true.

“When you have given the CSA a plan stating your ideas an appropriately qualified”—

unlike you—

“Senior Inclusion Officer (SIO) will arrange an initial home visit and make a preliminary assessment”—

in your home—

“of the education provision the child is receiving.”

It is disgraceful.

South Gloucestershire council is advertising for someone who will provide

“information, support and challenge to parents…The service is responsible for assessing the suitability of the education provided to children educated at home”.

The Lancashire local authority, in one of the most egregious examples, states:

“Lancashire Officers will take the lead on this because they have the responsibility to ensure the safety of all children as well as to monitor the quality of education received by children educated at home.”

That is a nice one, neatly conflating the issues of safety and home education. No one has yet arrived at my house during the summer holidays just to check up on the safety of my children, who are, after all, spending months at home with me. Who knows what my wife and I might get up to, or what the younger or older sister might do? Who knows what visiting relatives might do? What we need are visitors from the local authority, just to make sure. I do not want people such as the director of children’s services in my local authority to lose a moment’s sleep because they feel that they are not pursuing every possibility of intervention to cover their own backsides and telling me how I should run things in my own home. That is precisely what the local authority suggests should be done in the case of home-educating parents, who deserve its intervention no more than the rest of us. The document continues:

“Thus, when a practitioner or professional becomes aware that a child is being educated at home, they should use local information sharing arrangements to help the Lancashire Authority to fulfil both its duty to be confident”—

so it has a duty to be confident now—

“of the well-being of the child and its duty to assure the quality of the education provided.”

That, too, is not true.

As far as I can tell from one evening spent looking at their websites, council after council is entirely misrepresenting the legal position, and I hope that the Minister will put that right.

Ian Mearns Portrait Ian Mearns
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Will the hon. Gentleman give way?

Graham Stuart Portrait Mr Stuart
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I am aware that I have been speaking for too long already, but I will give way to the hon. Gentleman.

Ian Mearns Portrait Ian Mearns
- Hansard - - - Excerpts

I am very grateful to the hon. Gentleman. For a short time I thought that I was in the back of a bus in Helsinki.

There is a problem with what the hon. Gentleman is saying. If a child becomes unwell or is injured at the hands of parents or other relatives, the focus of attention is often not on the family but on the director of children’s services in the local borough. Will the hon. Gentleman reflect on that? Will he also reflect on the rights of the child who, despite the wishes of their own parents, may or may not receive a good level of education at the hands of those parents? I know that the hon. Gentleman inhabits a middle-class, or possibly upper-middle-class, ideal in which his own children will be extremely well catered for, but that is not always the case. As policy makers, we must provide for the rights of every child in the country, no matter what their circumstances.

Graham Stuart Portrait Mr Stuart
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I have a great deal of respect for the hon. Gentleman, who is a distinguished member of the Select Committee and who brings years of experience of education to it, so I hesitate to say what I am about to say. However, he is suggesting, as a Labour Member of Parliament, that working-class families involved in home education should be treated with more suspicion than those in better-off areas, that they are not to be trusted with the education of their children, and that inspectors and assessors and all those other people with acronyms should be wandering into their homes, because of—my God—what they might do to their children.

I have given a great deal of thought to these issues. There are many armchair theorists—I met many of them when we were debating the Badman review—who have not looked at the data and the research, who have not tried to meet home-educating families to discuss their problems and who have not met local authority officers, who deal with difficult cases such as home-educating households where children are abused and are not given an education. There are real difficulties and challenges, but we cannot deal with them from an armchair. If the hon. Gentleman follows that advice, I hope that he will come round to my point of view that the current law is appropriate but should be enforced, and that we cannot allow local authorities to continue to abuse their position and bully parents.

I congratulate the Minister on having listened. He listened carefully to families and to representations from Members both during the passage of the Children, Schools and Families Act 2010 and since then. He listened to representations on the 20-day rule, of which I myself was in favour until I listened to the arguments and was able to follow the evidence and look at the links to the consultation and the response, which I either did not know about or had forgotten.

There is a strong message here. We must listen to these families, and we must support and respect them. We must have challenge that is appropriate, but we must not allow those in power to abuse that power and overstep the mark.

Barry Sheerman Portrait Mr Sheerman
- Hansard - - - Excerpts

I do not quite know how to follow that speech. The hon. Member for Beverley and Holderness (Mr Stuart) was a very good member of the former Select Committee, which I chaired. He was always an excellent contributor, but he always got the issue under discussion out of proportion. There has been a full Select Committee report, and I hope that people will read that as well as pay attention to the hon. Gentleman’s speech today, at one stage of which I thought the men in white coats might be coming.

When the Committee was looking into this matter, I got the feeling that the hon. Gentleman was rather taken over by the home educators. Home educators are very good when they are good, but there is evidence, in the Badman inquiry and elsewhere, that there are all sorts of people who use home education because they do not want to send their children to school yet do not want to be prosecuted. Home education is a right, but if people take up that right they must also accept that they have a responsibility to offer the children in question a coherent and stimulating educational programme, and I believe that local authorities have the right to check on that, in the most sensitive way possible. I therefore hope people make a balanced judgment of his new clause 22.

The previous Select Committee spent a lot of time on these matters. One of the great victories for those of us who work on Committee reports is someone taking notice of what they say. That is wonderful, although normally there is about a two-year time lag before notice is taken. I think our report on admissions policy was one of our best, with recommendations such as giving teeth to the schools adjudicator post and making sure that the code of admissions is obligatory and schools do not merely have to take note of it.

When we conducted our inquiry, I was amazed to discover that really nice people—really nice heads and educators—would bend every rule to get the selection process that suited their school. That was the case even for head teachers who looked as though they came from central casting and seemed to conform to the stereotype of the good, confident head teacher. I remember asking one particular lady, “How many looked-after children do you have at your school?” “None”, she replied. I then asked, “How many children with special needs?” She said: “Very few.” My next question was: “How many children on free school meals?” We found that the school did not have any children in that category. I therefore asked whether or not the school had taken notice of the code, to which she said, “Yes, we took note of it.” That is all anyone had to do; that is why the code was not working. Our Committee recommended that if we were to have a code, people should have to take notice of it, and if they did not, the schools adjudicator could say, “Come on! There is a code and you should obey it.”

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Dan Rogerson Portrait Dan Rogerson
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That is a personal remark—I resemble that remark.

As I said in an intervention on the right hon. Member for Birkenhead (Mr Field), there are matters across government that go beyond the coalition agreement, and decisions have to be taken about where the balance should be struck. From my point of view, the issue is whether we stay true to the principle that both parties have articulated about looking at what is constraining schools and trying to set them free to move forward, while also looking after particular groups of people who might be vulnerable if schools do not operate in the spirit of the code and what the Government seek to achieve.

Graham Stuart Portrait Mr Graham Stuart
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Going back to an earlier point, this is all about the incentives that apply to schools. The head teachers at the Church schools that the hon. Member for Huddersfield (Mr Sheerman) mentioned are not bad, but people respond to the incentives they are given. Although I am not positive about all the moves the Government are making—I have doubts about the English baccalaureate—things are moving forward with the measurement of pupil premium and children on free school meals. If we can move to a system that better rewards and reflects in the accountability measures for schools the performance of every child, we will not need to have this suspicion about every head teacher. Heads have responded in the way they have because of the incentives that were created by the previous Government, which led to this large, unwieldy system. [Interruption.] I should be fair: I am talking about successive Governments. We need to come up with a measure collectively that will improve that: then we will not need a schools adjudicator, because schools will simply have a mission to educate their local children and will be supported and rewarded for doing a good job for all of them.

Dan Rogerson Portrait Dan Rogerson
- Hansard - - - Excerpts

I welcome that intervention from the Chair of the Select Committee on Education, which will be providing more evidence over the next few years as we continue this debate. He makes an important point about the incentives that have pushed head teachers into operating in a particular way that was not envisaged when targets and regimes were set up. As the hon. Member for North West Durham said, good people occasionally do things that are less good or bad. Why do they do that if they are essentially good people who want to look after the educational opportunities of all those in the community they serve? It is because incentives are acting on them and pressing them down a particular course of action. We need to tackle those issues.

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Nick Gibb Portrait Mr Gibb
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The hon. Gentleman makes a good point. Those are concerns to which we are giving careful consideration, but there are strong opinions on all sides of the debate. We want to ensure that we consider the issues carefully and take all those strong opinions into account.

Graham Stuart Portrait Mr Graham Stuart
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May I express my gratitude to my hon. Friend for listening to the representations from me and from home educators? That is precisely the way in which the Government should operate, and I know that there is great gratitude out there among home educators who are afraid that there will always be malign forces at work whenever the Government come anywhere near them. As for the local authorities that misrepresent their powers and are, according to home educators, overstepping the mark, can the Minister give any reassurances about what can be done to protect the rights of home educators? Where there is evidence that children are not receiving a suitable education, local authorities should act, as the hon. Member for Huddersfield (Mr Sheerman) said, but outwith that they should respect the right of home educators to direct their children’s education.

Nick Gibb Portrait Mr Gibb
- Hansard - - - Excerpts

My hon. Friend makes a good point, just as he made a good speech on those issues. Local authorities are public authorities. They should provide accurate information about their powers and duties, and they are open to challenge if they fail to do so. I hope that that reassures my hon. Friend.

Graham Stuart Portrait Mr Stuart
- Hansard - -

I am extremely grateful to my hon. Friend for giving way again. If, with the help of home educators, I compiled a dossier of evidence about local authorities, would it be possible for me to meet the Minister and talk further with him about ways to ensure both that local authorities are aware of the law and that they observe it?

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Graham Stuart Portrait Mr Graham Stuart
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It is a pleasure to speak again in the debate, and to follow the hon. Member for Scunthorpe (Nic Dakin), who is a fellow member of the Education Committee. He made a powerful speech, but he rather overstated the case. References to the wholesale kicking away of all the ladders of opportunity do not befit the hon. Gentleman, who is knowledgeable and who also tends to speak in a reasonable and balanced fashion. Similarly, attacking postcode lotteries is always an easy way of resisting any form of localisation aimed at ensuring that need is met appropriately in a rural area.

As one who represents a rural constituency and rural further education colleges, I am aware of the need for a more appropriate use of limited funds. I will not go into the details—I am sure that Ministers will do that—but we know that the last Labour Government made it clear that, if they were re-elected, they would look again at the EMA and seek to make savings. If savings are to be made, what better way of making them than to put the funds into the hands of those on the front line who have the closest interest in, and the best understanding of, provision for young people? The hon. Gentleman should not overstate his case, let alone suggest that Government Members, particularly Ministers, have any motivation other than to try to improve ladders of opportunity. It is possible to believe that measures are not going in the right direction without suggesting that they are all calamitous or driven by the wrong motives.

Although I did not table amendment 27, its wording is exactly the same as an amendment that I tabled in Committee. It emphasises the need to ensure that the transition to the new all-age careers service is handled properly, and that in the intervening period we do not indeed see a postcode lottery with some areas not receiving appropriate care.

Ian Mearns Portrait Ian Mearns
- Hansard - - - Excerpts

That is already happening.

Graham Stuart Portrait Mr Stuart
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The hon. Gentleman has a point, which is why it is important for us to be reassured about the interim period. It is worth saying—I wish that the hon. Member for Scunthorpe had been able to say it—that the Government’s vision of a higher quality of careers advice than we have seen in the past is a good one, but, like the hon. Gentleman, I want more reassurance about exactly what will be delivered.

It is all very well to paint a picture of a fantastic service that will be genuinely independent and give people a better overview of all their options—not just the academic options delivered by institutions in their own interests—but we need to see what incentives are provided for the actors in the system to ensure that they deliver that. We do not want someone to tick the box by simply shoving a young person in front of a website, with the result that that young person never receives the information that they need about local provision. I will not rehearse all the arguments, but I have heard evidence about further education colleges being barred from going into schools to advise young people.

There is a clash between institutional interests and what I want to see, which is a truly independent service with highly trained staff who have an extensive knowledge of all the local options—I know that that is also the vision of the Minister for Further Education, Skills and Lifelong Learning. It is difficult to imagine that anyone, however clever and hard-working, has an encyclopaedic knowledge of those options, but we need staff with as much knowledge as possible who can give advice as well as, perhaps, signposting young people in the direction of online resources. Such a combination could bring real change, ensuring that young people follow pathways that lead to satisfaction, personal development and economic success. I know that the Minister entirely agrees with that.

I am pleased to note from Government amendment 36 that Ministers listen. I said in Committee that the Secretary of State’s right to withdraw the apprenticeship offer was not appropriate given the new circumstances, and that if employers were prepared to take young people on, the last thing that we should do is introduce a provision allowing someone in the Government to prevent them from doing so. I am delighted that the Minister listened to that, as he said that he would, and has already returned with a Government amendment.

If the Government continue to be firm in purpose and clear in vision, but prepared to listen where the argument is sufficiently strong, we will further improve both the Bill and, most importantly, the education of young people in this country.

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Graham Stuart Portrait Mr Graham Stuart
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I cannot let what the hon. Lady has just said pass. People from lower-income families can afford to go to university, as they pay nothing up front. People pay only when they earn £21,000; they pay 9% above that, when they are earning the money. Do not send the message to young people from lower-income families in your constituency or mine that they cannot afford to go to college—they can, and they should if they want to. Do not scaremonger.

Lisa Nandy Portrait Lisa Nandy
- Hansard - - - Excerpts

First, it is absolutely clear who is sending a message to young people in this country that we do not value them, will not support them and will not back them, and it is the hon. Gentleman’s party. It is an absolute disgrace that on the things that we are discussing today—Aimhigher, the EMA and tuition fees—all the progress that has been made is being unravelled, with very little humility or apology from the Government. On the hon. Gentleman’s accusations that my hon. Friend the Member for Scunthorpe is overstating his case, I simply ask where on earth the hon. Gentleman has been for the past 12 months. The outcry has not just come from young people in Wigan and Scunthorpe, because there has been a national outcry at the removal of the EMA, which is one of the most successful things introduced by the previous Government. I simply ask him to spend a bit more time outside this place listening to young people who are experiencing serious hardship and a bit less time trying to support his Front-Bench team.

That brings me to the subject of enrichment funding, on which my hon. Friend and I have tabled a provision as we are seeking to protect it today. The withdrawal of enrichment funding will have an astonishing impact in my constituency—my local college, Winstanley college, is losing £200,000 of its funding next year, which represents a 10% cut—yet we have heard so little about this. Over the past year, I have heard Ministers talk a lot in the Select Committee about trying to improve the situation of the most disadvantaged young people, but the withdrawal of enrichment funding is doing a great deal to widen the gap between the haves and the have-nots. Winstanley college is being forced to say that only students whose parents can afford to send them on trips will be able to go on them as part of their course. That is just one of many examples that the college gave me and is distraught about. The withdrawal of this funding will have a real impact, and I urge Ministers to think again.

The withdrawal of enrichment funding will clearly hit hardest those schools that already have a disadvantaged intake. St John Rigby college, which is just down the road from me in my constituency, will take a funding hit next year, because of the withdrawal of £300,000. Half its students receive the EMA and only 2% of the students who come into that college average an A-grade at GCSE. Its very hard-working and talented principal has told me that enrichment funding is not an optional extra, but an essential part of giving its hard-working and talented students the chance to reach their full potential. It cannot replace that enrichment funding, so it must do other things. It is planning to halve the tutorial hours for all students, so that it can ensure that it protects those essential services. Like Winstanley college, which I mentioned earlier, class sizes will go up, which will disadvantage all students but will have a particular impact on the most disadvantaged.

I join my hon. Friend the Member for Scunthorpe in supporting the new clause because unless the Government think again, sports, arts, drama, counselling and career opportunities will be denied to precisely those young people who need them most. Surely that is not the intended consequence of the Government’s policies. I urge the Minister to think again.