Forced Conversion of Schools to Academies

Guy Opperman Excerpts

Tuesday 12th March 2013 Westminster Hall

[Guy Opperman (Hexham) (Con)]

Thank you, Mrs Main. I congratulate my hon. Friend the Member for Southport (John Pugh) on securing this debate. I have to confess that the problem in Northumberland is not that the county councils are being bullied by the Government but, rather, that the county councils are bullying the schools.

The reality of the situation is that Northumberland has few academies; my constituency does not have a single one. We must ask why. All of us, of course, want our children to receive the best possible education, whether at an academy or a maintained school. The great William Yeats described education as the lighting of a fire, and the question that follows is how best to achieve that.

In Northumberland, we have a three-tier system, of which I am an unadulterated supporter, particularly in a rural context, but at the heart of the issue for Northumberland is a middle school. The Minister is a small hero of Hexham middle school, which I visited two weeks ago to meet Mrs Parker and her three star pupils, Elizabeth Nixon, Amy Hawke and Anisha Bannister, all of whom wrote to the Minister requesting a change of mathematical calculation, from chunking to long division. They are deeply pleased that she listened to their pleas and are looking forward to meeting her when I bring them and their teacher to the House in the near future.

I welcome the chance to debate academies today. Surely it cannot be a bad thing that they can set pay and conditions, deviate if necessary from the national curriculum, change the length of terms and school days, reduce classroom sizes, introduce new disciplinary techniques, target resources to the most appropriate areas, and allow the school to be run by head teachers and governors rather than by a local authority, which, in my case, is some 50 or 60 miles away. That is my opinion, but I could give my hon. Friend the Member for Southport ample examples, including the Harris Federation, the schools in Newcastle, and ARK Schools, which runs more than 18 separate academies throughout the country. Since they took over those schools, grades have gone up by more than 200%, and the standard and quality of education have improved immeasurably. Local people are voting with their feet and deluging those schools with applications.

That is why I deem it unfortunate that, contrary to my hon. Friend’s assertions, Northumberland schools are not being forced to convert to academies. They are being prevented from converting. I will give three specific examples. Allendale middle school was a failing school, and the council chose to close it instead of converting it to a sponsored academy. It will close in the autumn, notwithstanding the assurance from the former Under-Secretary of State for Education, Lord Hill, who said that

“there is substantial evidence that sponsored Academy status is the best way to transform such underperforming schools and make sure that we achieve a lasting solution to underperformance”.

Similarly, Haltwhistle middle school has chosen to go down the path towards academy status, but it is being prevented from doing so by the county council’s approach on pensions. That is what I want to address in my last few minutes today. In Northumberland, the county council is requiring an extra pension contribution from an academy, of between 12% and 26%, whereas for a standard maintained school in the UK the average pension fund contribution for teachers earning less than £75,000 is approximately 8%. There is no financial justification for the measure, and no other county in the country is following that course of action. Either the council’s pension fund panel is driving that unfair proposal forward to prevent schools from becoming academies, or the council is fundamentally opposed to academy status. There can be no other reason, except that it would like to obtain greater sums from a would-be academy than from a maintained school.

The position is set out in a communication between the Secretary of State for Communities and Local Government and the Secretary for State for Education in December 2011, which stated that

“the overall costs for the Academy as a participant in the Scheme should not increase”

and they

“should not be treated in the LGPS less favourably than maintained schools.”

Given that advice from the two Secretaries of State, I tabled a parliamentary question to which the Minister for Schools, my right hon. Friend the Member for Yeovil (Mr Laws) replied:

“my right hon. Friends the Secretaries of State for Education and for Communities and Local Government made it clear that no academy should pay unjustifiably higher employer pension contributions than maintained schools in their area”.—[Official Report, 29 October 2012; Vol. 552, c. 15.]

With several head teachers and governors from Northumberland, I then met the Minister and a Minister from the Department for Communities and Local Government on 17 December. As yet, nothing has changed. Some schools that want to become academies or are budgeting for the year ahead are facing larger pension contributions than those of their competitors and than those which they themselves previously enjoyed. In those circumstances, either there is an impact on their financial calculations because they are paying larger contributions, or they are refusing to become academies when that is what head teachers, governors and local parents want, because they are worried about the larger contributions.

One Northumberland school governor said:

“We are being drained of funds by this issue, and it is draining away the optimism we had when we converted to an Academy”.

That is a crying shame. Academies are a fantastic opportunity to help to turn poorly performing schools around, but the failure to resolve the issue is holding back schools in Northumberland.

--- Later in debate ---

[Mr Andy Slaughter (Hammersmith) (Lab)]

It is a pleasure, Mrs Main, to be under your chairmanship this afternoon. I think I agree with some of what everyone has said, but not all that anyone has said, which makes for an interesting debate. I am grateful to the hon. Member for Southport (John Pugh) for securing it. One point on which I agree with him is that there is a danger of the academies programme being seen as an end in itself, rather than as a means to an end. It is that point on intended and unintended consequences that I wanted to address.

I will explain where I am coming from on the issue by reference to my constituency. I had a quick tot up and I have nine secondary schools in my constituency, including one that is 100 yards outside. They range from leading independent schools, such as Latymer Upper school and St Paul’s girls’ school, to leading Catholic schools, such as Sacred Heart high school and London Oratory, which former Prime Ministers and current party leaders seem keen to send their children to. There is also the West London free school, which was set up Toby Young, and two academies that were part of the Labour Government’s academies programme: Burlington Danes academy, which is a new build, and Hammersmith academy. There are two outstanding—I should say that all those that are subject to Ofsted inspection are outstanding—community schools: William Morris school, which is a sixth-form school that I helped set up 20 years ago and am a governor of, and Phoenix high school, which is run by Sir William Atkinson, who is a famous head teacher, known across the country.

The reason I mentioned those is because there is a vast range of schools, and I do not discriminate between any of them. I go to them all, invite their pupils here and I am very proud to have every single one of them in my constituency. I am particularly proud of the two academies and indeed, I helped to set them up, under the previous Labour Government. It is a shame that the £50 million that went into those was not replicated by the Building Schools for the Future programme being continued, so that community schools could also have benefited.

What I find surprising is the attitude of—I have to call them this—the ideologues in the Department for Education and in some Conservative local councils, including my own. They take it to be their mission to ensure that there is academisation wherever possible, without regard to the reasons why they are doing it. I hope that from what I have said it is clear that I have no particular beef about whether a school is an academy or not. All those schools are doing well in their own way.

I can best illustrate that by reference to ARK Schools, which is a well known academy chain, and is the governing foundation for Burlington Danes academy, which, historically, has been a grammar school, a successful comprehensive school, and a Church of England school. It is now an ARK academy and I was part of ensuring that that happened. On the back of that, west London is now populated by a dozen-plus new ARK schools, and again, I have no particular objection to that. I was at one of the primary schools last week—ARK Conway primary academy—opening the new library.

What I have difficulty with, however, is the attitude of Conservative local authorities, who, whenever they see a possibility in relation to an existing community school, pressurise that school into becoming an ARK academy. We had an early example of that with Kenmont primary school in my constituency. The head left, which is a perfectly normal thing to happen. The local authority then said that it could not afford to employ a new head and that the school would therefore have to become an ARK academy. It was only because the parents and governors objected—in the end, a new head was recruited —that that did not happen, and it is now, once again, a very successful community primary school.

Other schools have been pressurised; indeed, one is being pressurised at the moment, and I use the phrase advisedly. There are primary schools in my constituency that have effectively been told that their only option is to become an academy. I feel that in some cases, those schools are set up to fail, and they are not given the requisite support. Perhaps a head teacher leaves, there is a temporary head for a year or two, and the school is allowed to drift into special measures. I am not going to name particular schools—I do not want to name schools that are having difficulties—but I see that pattern repeated, and it is not what a local authority should be doing. It should be supporting all its schools, including those for which it is not directly responsible.

We had a £33 million investment programme—at the moment, that is quite a big programme—over two years for primary schools, yet all that money was directed to voluntary-aided schools, free schools or academies, for new build, refurbishment, conversion or expansion as may be, despite the fact that very successful community schools also wish to expand and see investment put into them. I object to those double standards and to not having a level playing field. I have to ask who the ideologues are in this case, and I am afraid that they are particularly centred around the Secretary of State for Education.

None of that would matter if there were no adverse consequences, but let me explain some of the consequences. First, there will be a perception—it may be a reality, but it is certainly a perception—that we are creating a two-tier system in education, in which academies are the preferred type of schools. Parents will therefore gravitate, reasonably and understandably, towards those schools, because they believe that the schools will be preferred—with money, resources or simply the attention that they receive from local education authorities and the DFE. That then leads to a form of separate development. A number of academies are now for pupils aged three to 18, and they therefore monopolise children within an area. Equally, I have noticed a trend whereby secondary academies will select—particularly if they are in the same group—from their primary feeder schools, so it may be that there is no longer an interchange between primary schools in that way. I am beginning to get a lot of complaints from parents of children in community primary schools who might want to send their children to secondary academies, and they find that they are refused or are a long way down the waiting list.

I also fear that there is a possibility of politicisation of the academy system down the road. There is a strong association between the academy system and not only Conservative local authorities, but Conservative funders, peers and so on. Lord Nash has been mentioned. Lord Fink, who I think is still the Tory party treasurer, was the chairman of ARK, and he is the chairman of one of the schools in my constituency. Both of those gentlemen are very substantial funders of the Conservative party. One of them, Lord Nash—or rather, his wife, Lady Nash—was the principal funder of my opponent at the last election. It is a free country. Anyone can do as they wish, but the association of particular schools, chains of schools and individuals with a particular political party is not healthy in education. I see that as another branch of the politicisation and there is the real prospect of our moving—with every pronouncement that comes out of Government or those close to Government—to profit-making schools. If another Conservative Government were elected, we would see that trend continue, and I think that would be extremely regrettable.

This is not an easy issue to deal with; it is not black and white in any way. As I hope I made very clear at the beginning, I support every school in my constituency. I have a good relationship with ARK. I find it slightly troubling that soon it will be almost the size of a local education authority, spread across some west London boroughs, because it does not have the same democratic accountability as LEAs. However, I do not blame ARK. It may be a willing recipient of the Government’s largesse, but I place the blame squarely where it lies: in the tram-line attitude and the “Go for academies at all costs” policy that infects the DFE at the moment. With hindsight, in years to come, I think that that will be seen as a very retrograde, ideological and divisive step.

Whether individual schools are achieving for individual pupils is clearly important, but as Members of Parliament, we have to look after the interests and welfare of all the schools in our constituencies, and that certainly ought to be the role played by LEAs and the DFE as well. I do not see that happening—I do not see the even-handed approach that will embrace and encourage community schools, in the same way that I see that when those in the preferred or favoured categories are dealt with.

[Guy Opperman]

With the hon. Gentleman’s experience of ARK, does he not accept that in even his own constituency—I do not extend the point to all other ARK schools around the country—when ARK has gone in and schools have become academies, they have transformed the education? Without knowing his constituency, I suggest that all the schools ARK has gone into have had a successful outcome. Surely that is the point.

[Mr Slaughter]

I make it clear that I am absolutely not criticising ARK as an educational institution. The answer is that it has had some remarkable successes and some partial successes. Some successes have not been quite so big, and in some cases, it is too early to say. That is true—it is exactly why I started with a slightly self-indulgent tour round my constituency—and I could say the same thing about many other schools and different types of schools there. That is not the point I am making. The point that I thought I was making—I will make it slightly more clearly—is that the concentration and fixation on a particular type of school and giving schools of that type a privileged status will undoubtedly have an unbalancing effect on education across the piece. That is the mistake that the Government are making.

[Kevin Brennan (Cardiff West) (Lab)]

I congratulate the hon. Member for Southport (John Pugh) on securing the debate. He gave us a thoughtful and philosophical discourse, as ever, on forced academisation. Interestingly, he described what he saw as bullying going on within the system. I will come back to that. He also introduced us to the interesting concept of an under-occupancy subsidy for some types of school that the Government are currently promoting. I am sure that we will hear more about that in the future.

I also congratulate the hon. Member for Hexham (Guy Opperman) on his speech. He managed to turn it into a bit of a debate about pensions, which might be a separate issue from what we are discussing today, but he did show his erudition by quoting Yeats. I, too, will quote some Yeats:

“Turning and turning in the widening gyre

The falcon cannot hear the falconer;

Things fall apart; the centre cannot hold;

Mere anarchy is loosed upon the world”.

In some of what is going on with the forced academisation debate, there is a problem with the falconer not knowing what the falcon is getting up to out and about in the field. I will also come back to that point.

My hon. Friend the Member for West Lancashire (Rosie Cooper) described what she called snake-oil salesmen in relation to forced academisation. The hon. Member for Bradford East (Mr Ward) said that this policy was not so much ideological as egotistical on the part of the Secretary of State for Education and that he needed to be seen to be doing something dramatic, which explained his actions. It reminds me a bit of the goalkeeper’s dilemma during a penalty shoot-out. Statistically it is proven that, very often, to stand still is the best thing to do during a penalty shoot-out, but if the goalkeeper does that and the opposition scores, they are roundly criticised. If, however, the goalkeeper dives in completely the wrong direction and the opposition scores, they are praised for at least having a go. Perhaps that explains the phenomenon that the hon. Gentleman described.

My hon. Friend the Member for Hammersmith (Mr Slaughter) told us about his own experience, including helping to set up academies in his constituency, and about his fear of politicisation and of profit-making schools. I recently met colleagues from Sweden, who described to me the utter disaster of profit-making schools—free schools—in Sweden. The impact has been to lower standards because of the race to the bottom that profit-making schools entail. Also, Sweden has had to reinstate a requirement for teachers to be properly qualified in free schools, because of that race to the bottom for low-paid staff and maximising profit. That has happened in free schools in Sweden, so there is a lesson for us there as well.

This debate is about forced academisation. Let me say at the outset that I am a supporter of academies and have been throughout my 12 years in the House of Commons. Of course, the genesis for the academies programme under the previous, Labour Government was to launch a direct assault on the double disadvantage of social and economic deprivation. Our concern about the current Government’s academies programme is not about the freedoms that can be granted—that come along with academy status—but about the loss of focus on under-performing schools in areas of high social and economic deprivation and the fact that that might result in the positive impact of the academies programme being diluted. I worry that the principal foundations for the success of the early academies—collaboration and partnership—have been replaced by what other hon. Members have talked about here today, a fixation on the numbers game. That is what we are seeing at the moment. It explains why we are having this debate on forced academisation today. It is all about numbers, rather than standards.

I am not wedded to any particular model for the way in which schools should be run. As a former teacher myself, I agree with the hon. Member for Southport that the structure makes very little difference. We know what makes a good school; we know what factors are involved in that, and there is plenty of research to show it. I do not think that there are many people, either—there may be some here—who think that local authorities should directly run all state-funded schools these days. A lot of us agree that local authorities did not always do a particularly good job of running local schools in many cases in the past, but just because a job was not always done well does not mean that there is not a job that needs to be done. There is a job that needs to be done at local level in relation to our schools, and that focus is being lost by the current Government with this numbers game that they are fixated on.

I welcome the Minister who will reply to the debate. It is a shame that the Minister for Schools is not replying to it. I know that responsibility for this subject lies in the House of Lords, but it would be good to have the Schools Minister here to reply to the debate, because he could then explain why he supports the current policy when he said in his manifesto at the last election that he wanted to

“replace Academies with our own model of ‘Sponsor-Managed Schools’. These schools will be commissioned by and accountable to local authorities and not Whitehall”.

That was his policy previously, which perhaps explains why he never fronts up on this subject as Schools Minister and turns up to debate it. I would welcome his doing that in the future.

However, I am glad that we have the hon. Lady here to answer on behalf of the Government about the worrying reports that we are receiving from around the country. Despite my intervention earlier about yesterday’s article by Warwick Mansell in The Guardian, there seems to be a growing number of reports from around the country about bullying behaviour by the individuals who are being sent round by the Department for Education to bring about forced academisation of schools.

Last year I visited a group of schools that had formed an education improvement partnership. One of the primary school head teachers in it was desperate to tell me about her experience with what some people locally have described as gauleiters being sent out by the Department for Education. What she told me made my jaw drop. She told me that when the adviser from the Department turned up, she was told that she had to meet them and that no one else was to be present. When she objected to that, she was told that perhaps at a stretch she might be allowed to have the chair of governors present with her for part of the meeting. She wanted to have, and in the end she insisted on having, the head teacher of the local secondary school, which was part of the education improvement partnership, with her for the debate, but she told me several stories about how she was leaned on—that is the only way it can be described—and told that there was no alternative to her school becoming an academy, despite the fact that the governors did not want that, the parents did not want it and it was clearly an improving school. In the end, having taken legal advice, they were able to fend off the adviser who had come from the Government, using those bullying tactics, but I am told that as she left she said, “I’ll be back”, Arnold Schwarzenegger-style—no doubt after further efforts have been made to undermine the efforts being made by the school to operate as part of an education improvement partnership to raise standards in the school. That is happening around the country. I have also been told that in the same area, one head teacher has seen a gagging clause put into their contract, having been forced out of a school as part of this process.

It is all very well, under the cloak of standards, to go around to schools and offer them an opportunity to consider academisation—the sponsored academy approach. That can be entirely appropriate on many occasions, but the bullying behaviour—we are hearing, and I am receiving, more and more accounts of it—is very worrying. I therefore want the Minister to answer a few questions about that. How many schools does she know of that have successfully resisted forced academisation procedures? How are the academy advisers recruited? How are they rewarded? Is it true that they are on a payment-by-results regime? I hope that the Minister will answer this question particularly. Is there any code of conduct for those people as to how they should behave? As the Minister with responsibility for the issue of bullying, will she give us an absolute assurance that if there is one, she will publish it, and that if there is not one currently, she will ensure that one is available? I ask that because some of the behaviour that is being described—

[Guy Opperman]

rose—

[Kevin Brennan]

I do not have time to give way I am afraid. I would otherwise, but I want the Minister to be able to answer.

Given the behaviour that is being described, if there is a code of conduct, it is obviously not being adhered to in any acceptable way. Is it acceptable to insist on meeting heads alone, not allowing them to have other people with them? Do the advisers have targets? To whom are they accountable? What evidence is there that forced academisation raises standards? We do not have much time and I want to give the Minister the chance to answer the questions. Why has the Department backed down in the face of a legal challenge from Coventry council about forced academisation? Will she undertake to ban gagging orders on heads who are forced out of their jobs and introduce transparency into the process?