Education and Adoption Bill

James Berry Excerpts

Wednesday 16th September 2015 Commons Chamber

I feel bound to comment on amendment 11, because my hon. Friend the Member for Altrincham and Sale West (Mr Brady) made a persuasive case. I shall confine myself to these comments. I think that existing grammar schools should certainly be allowed to expand—two in my constituency want to do exactly that—but I do not think that going down the selective route beyond where we now are would be right for our children or, indeed, for our education system as a whole. For the sake of all children who go to school, we must ensure that the thousands of schools we have can become much better than they are now, rather than focus on just a few schools. Amendment 11 would lead us down the track of focusing on just a few schools.

[James Berry (Kingston and Surbiton) (Con)]

In Kingston and Surbiton, we have the two Tiffin schools. One is just outside my constituency, and one is in it. They are excellent examples of grammar schools, and I would certainly support maintaining them. Does my hon. Friend agree that schools can create a variety of educational models, albeit non-selective ones, within the free schools system? Those models follow the traditional academic grammar school route without the selective element, which is a successful way of preserving the grammar school ethos without the problems of selectivity.

[Neil Carmichael]

I thank my hon. Friend for his very helpful intervention. That point justifies the free schools programme, which is all about bringing in choice and making sure that parents and staff can make decisions about their school, including about having a school of that type.

On that point, the shadow Minister quite rightly referred to what the New Schools Network has said about parent involvement. I have written about that in the past, and I am pleased that the idea has now been given more traction. On the particular proposal of empowering parents to take action about the leadership of a school, I would say that they should do so only if the very highest threshold is met.

--- Later in debate ---

Given that background, it is important to raise another concern: the very widespread involvement of Conservative party donors in a number of academy chains. Indeed, four of the top 12 largest academy chains have links to the Conservative party through donations. David Ross, for instance, has donated over £250,000 to the Conservative party. He runs the David Ross Foundation which has 30 academies, incorporating primary, secondary, grammar and special schools, and is looking to take over more, especially if the Bill goes through. Alan Lewis, a major Conservative donor and vice-chair of Conservatives for Business, was also initially listed as a chairman of the Kings Science Academy, before that information disappeared from the public domain. The academy chain mentioned by my hon. Friend the Member for Norwich South (Clive Lewis) is run by another Conservative party donor, Theodore Agnew. The trust is looking actively—some would argue aggressively—to take over more schools. Without rehearsing arguments for a different debate, it would be fair to say that there are serious local concerns about its accountability, particularly in reference to Ofsted.

[James Berry]

Is the hon. Lady seriously criticising these individuals, who are looking to assist in the education of young people, just because they are Conservative party members? If she is, I think this debate has got to a very sad state. I thought, when we were members of the Public Bill Committee, that both our parties were looking to further education opportunities for young people, not simply make cheap party political jibes and pot shots.

[Louise Haigh]

The Minister made the same point in Committee when I was raising these issues then. This is not an issue of Conservative party membership; this is an issue of transparency and serious conflicts of interest that have been raised by the cross-party Education Committee. It is not a cheap party political jibe, but one that has been seriously raised about parliamentary accountability and transparency, something Conservative Members are supposedly in favour of.

The Harris chain is particularly relevant, because it has sometimes been chosen as a sponsor by the Department against the wishes of staff, parents, and communities who have preferred other high-performing local options. That brings me to the Minister’s colleague, Lord Nash, who is another Conservative donor. He sits not only in the other place, but in the Department as Minister for Academies, where he is involved in choosing sponsors despite having been involved in specific academy chains. Frankly, there have been suspicions of political favouritism and intervention in these choices, and there are too few safeguards against them.

The vast majority of academy trusts are staffed by people working hard to address educational underperformance, but it is appropriate to ask, as the Education Committee did, what processes the Minister has in place to guard against certain trusts being given preferential treatment if, as we expect, the Government refuse to allow independent scrutiny. Indeed, the Clarke report, following the so-called Trojan horse affair, made a number of very significant recommendations which it appears the Government have yet to implement fully. Recommendation 7 stated that the Department for Education should consider urgently how best to capture local concerns driving the conversion process and review the brokerage system through which schools are matched with academy sponsors to ensure that the process is transparent and understood by all parties. The Government have previously claimed that all the recommendations have been implemented, but perhaps the Minister could comment on how the Bill fulfils them. What we are hearing from education professionals is that in some cases school leaders will go to the Department with recommendations for a preferred sponsor for their school, only to be overruled by the Department.

That brings me to new clause 4, which is intended to put the voices of parents and the local community at the centre of any decision to choose the identity of an academy sponsor. Apart from questions about the principle and pace of the academy programme, there will be questions about the identity, values and track record of particular academy sponsors for particular schools. Labour Members simply do not understand what the Government have to fear from the voices of parents, teachers, governors and support staff. We consult those groups constantly, and we value their input extremely highly. Indeed, the head of the National Association of Head Teachers argued, very wisely, in a blog ahead of today’s debate, that

“removing the right to consultation and engagement with local communities, in my experience, tends to alienate and promote opposition where previously the local community was neutral.”

Oral Answers to Questions

James Berry Excerpts

Monday 20th July 2015 Commons Chamber

[Nick Boles]

I welcome the chance to clarify that regional schools commissioners—they are of course responsible for all schools, sixth forms and UTCs—will be involved with and invited to area reviews of post-16 education provision.

[James Berry (Kingston and Surbiton) (Con)]

T8. Children in Kingston and Surbiton perform above the national average in speech and language at age five. However, the poorest children are still almost twice as likely to fall behind later in their education, despite the best efforts of their teachers. Does my hon. Friend agree that there is evidence that high-quality early education, linked to the presence of well-qualified staff in the early years, has a positive impact on speech and language development for the poorest children?

[Mr Gyimah]

My hon. Friend makes an excellent point, and that is why we extended the free entitlement to disadvantaged two-year-olds, and we extended the pupil premium to three and four-year-olds so that toddlers are not behind when they turn up at school.

Education and Adoption Bill (Sixth sitting)

James Berry Excerpts

Tuesday 7th July 2015 Public Bill Committees

[Kevin Brennan]

I listened with great interest to what the Schools Minister had to say. We had an interesting discussion about this group of amendments, with good contributions from my hon. Friends the Members for South Shields and for Sheffield, Heeley, as well as interventions from other hon. Friends—with the exception of our Whip, who stays quieter than most of us for most of the time.

As I have said, we are concerned about the removal of any kind of appeal. I take seriously the Schools Minister’s point; we do not want any encumbrance in the system that would prevent swift action being taken in schools when necessary. We all take that seriously, but it is not a reason to sweep away any notion of natural justice. People who are often working extremely hard to run a school may feel that they have been the subject of an injustice in how the notice has been issued.

We should be extremely cautious about sweeping away any means of appeal. I hoped that the Minister might propose some alternative that would overcome his concerns about the potential misuse of an appeal to Ofsted in a process that he clearly does not think is appropriate, or that he might come up with some alternative means for people to have such decisions reviewed or to appeal against them. We do that all the time with constituents who come to us with concerns about a decision made by the Executive, the bureaucracy or a powerful institution. People feel that they are voiceless and do not have an opportunity to appeal against decisions. We help people all the time. Why should a governing body that feels it has not been treated fairly in the issuing of a warning notice by the Secretary of State not have a similar basic right to have the decision properly reviewed? Why can it not have an appeal mechanism—one that is not necessarily overly bureaucratic or lengthy? I cannot see any justification for allowing no means of appeal whatever.

The Schools Minister said that regional schools commissioners would issue a warning notice only where they thought it was warranted. If a public official or body is going to issue a warning notice that effectively tells an organisation that it is not running a school properly, the very least we expect is that the notice is warranted. If we are all supposed to be massively grateful that regional schools commissioners will not issue notices where they feel that they are unwarranted, I do not regard that as a crumb from the Minister.

[James Berry (Kingston and Surbiton) (Con)]

rose—

[Kevin Brennan]

I see a breach in the Government Back Benchers’ Trappist vow of silence.

[James Berry]

Will the hon. Gentleman give way?

[Kevin Brennan]

Not until I have teased the hon. Gentleman a bit—[Interruption.] He can sit down while I am doing it. In fairness to him, he has previously contributed to our proceedings.

[James Berry]

The hon. Gentleman is a former Minister, as he has reminded us, and he well knows that all Ministers have to act rationally. That is a basic common law requirement of any Minister, so his point does not take the argument any further, does it?

[Kevin Brennan]

That is why we need some form of appeal, to determine whether Ministers are acting reasonably and rationally, which is exactly what I am arguing. Rather than our having to go to judicial review and line the pockets of the hon. Gentleman’s lawyer friends, we could make an amendment so that Members of Parliament could consider the matter for themselves. We could have free use of his expertise. I remind him that praying against a statutory instrument is not a common occurrence—although it happens from time to time. It is an outlet or a safety valve where there is real concern that a Minister has exercised a power in this way. I am glad that he has taken the Schools Minister’s advice to get out more by joining in with our proceedings this afternoon. Some of his hon. Friends should follow that advice during the rest of our proceedings. I look forward to hearing from them. I am not convinced—[Interruption.] I make an exception for everyone who has done so, because I can hear some grumbling from the hon. Member for Portsmouth South. She has made a thorough and interesting contribution to our proceedings, which I welcome.

Clause 2 means that there is no safety valve. The Schools Minister said that an RSC would only issue a warning notice when it was warranted. They will be advised by their headteacher board, which will consist only of academy heads. I hope that the Minister will reconsider that. He said that there had been 40 such appeals to Ofsted and that two of those appeals were successful. We can read that in a number of ways. I have a feeling that, if all 40 appeals had been successful, the Minister would have told the Committee, “That’s another reason to get rid of the appeals, which are wasting everybody’s time by overturning these decisions.” If two out of 40 are wrong, is it not right that those two decisions should be overturned on appeal? If a wrong decision is taken, is it not right that it should be reconsidered? I think it is right. I do not propose that we should be overly bureaucratic. I would like to know more from the Minister about the alternatives. I feel that he has made his mind up on that.

Interestingly, he said that Ofsted’s reforms—bringing all its inspectors in-house—would improve quality. Perhaps the Government could learn that lesson in other areas from time to time. Contracting out is not always the answer to providing a quality public service. I will leave that thought hanging. On that basis, it is vital to lay down a marker about the importance of the principles of natural justice. I invite the Minister to give us a few more thoughts before we decide how we will dispose of the amendment.

Education and Adoption Bill (Fourth sitting)

James Berry Excerpts

Thursday 2nd July 2015 Public Bill Committees

[Bill Esterson]

There is a danger of that, and it is right to highlight the danger. The last thing I wanted to do in tabling the amendment was to undermine any good practice, and that was not what my hon. Friend was seeking to do, either. However, it is only right and proper that we express the concern that if all the focus, attention, energy and resources are directed towards something called adoption when that is not necessarily right for the child, other forms of permanence will not receive the same support and the best life chances for children and young people will not be provided.

We are all familiar with the very sad state of affairs that large numbers of children in care end up in the criminal justice system. They end up not getting good results at school. They find it difficult to establish stable relationships in adult life and find it difficult to get decent, well-paid employment. We have already talked about the mental health problems that young people in care suffer. All those indicators, all those problems, start early in life. The damage is done in the early years, is it not? So we should invest in support for children and young people as early as possible to improve their chances later in life.

If we focus only on adoption, we are focusing, sadly, on the few. I certainly do not want that to be at the expense of the very many for whom, sadly, the end result is as I have described, despite a lot of investment, intervention and good work by dedicated professionals, volunteers and people who act as formal or informal carers, with the support of people in schools, the health service and beyond. There is massive investment and support over many years, yet there is a stubborn lack of improvement in the life chances of this group of children and young people, with a considerable cost not only to their life chances but to society. The cost of young people who end up in the prison system is enormous. We need to consider the numbers who come through the care system first. If only there was a way of reducing those numbers, it would make an enormous saving further down the line, so my hon. Friend is absolutely right to raise that point.

We heard evidence from a number of witnesses. I have quoted Andy Leary-May already when I was talking about permanence teams. He called for the Bill to look at other forms of permanence in full. Another witness, Andy Elvin, an experienced adopter, was able to give evidence from a personal perspective, and we should listen carefully to that. He made the point that we cannot overstate the importance of early, stable and permanent placements. He talked about concentrating not on one solution—the Bill refers only to adoption—but on permanency. When asked by my hon. Friend the Member for Cardiff West what change he would make to the Bill, Mr Elvin said that he would substitute the word “permanency” for “adoption”. Improving the outcomes in all permanence options would make a big difference. That improvement would make the legislation right. He said that this was not about adoption numbers but about increasing the quality of permanence. He spoke of the value of special guardianship orders and foster care, and urged us to consider how we, as a Committee, could help with those permanence options.

It is, of course, important that we do the best we can for those who are adopted. A number of Members have spoken about Julie Selwyn’s research, which showed that adoption is on the whole a very good thing for children. Hugh Thornbery, who also mentioned that research, made the point that while adoptive families struggle through tough times and survive them, adopted children still have very challenging needs. To paraphrase his evidence, it is clear that adoption offers a greater chance of stability, hence the low number of breakdowns in placements—3%—that we have talked about a number of times. However, if adoption is the solution for only 5% of children who end up in care, how do we ensure that we provide solutions that give the other 95% the best chance of permanence and stability, so that they can make the best of their lives and we do not end up with the poor outcomes that I mentioned for so many children and young people?

[James Berry (Kingston and Surbiton) (Con)]

Does the hon. Gentleman recognise that the Government are, in fact, very concerned about all the different forms of permanence? The Bill focuses on one such method—adoption—without in any way devaluing the other forms of permanence. It is appropriate to do so when, as Sir Martin Narey pointed out, there has been a massive decline in adoption since 1975.

[Bill Esterson]

We also heard evidence that there has been a worrying fall in the number of children being adopted recently.

Education and Adoption Bill (Third sitting)

James Berry Excerpts

Thursday 2nd July 2015 Public Bill Committees

[Steve McCabe]

I cannot believe that any of us would want unreasonable delay or the incurring of unreasonable expense. We want to be sure that the powers secured by the Minister are fair, reasonable and adequate for the required purpose, but also subject to sufficient scrutiny, so that they are not open to misuse or abuse.

[James Berry (Kingston and Surbiton) (Con)]

On the previous point, will the hon. Gentleman explain why parliamentary scrutiny would make anything quicker when the judicial review avenue would still be open, notwithstanding parliamentary scrutiny?

[Steve McCabe]

I believe that the hon. Gentleman is one of several legal practitioners on the Committee. In fact, I think that is also your background, Mr Chope. I might not be able to rely on all the civil service support that the Minister has, but I see that there will be no shortage of advice available to me today.

The hon. Member for Kingston and Surbiton is right to acknowledge that judicial review would still be an option. I am not surprised that he, as a lawyer, spotted that; I suppose it is in his DNA. However, my point was that it would be possible, through parliamentary scrutiny, to judge at a much earlier stage whether, on balance, Parliament thought this a fair and reasonable proposition. Presumably, an application for judicial review would take into account whether the decision that Parliament had arrived at could be judged as reasonable. I do not know if the hon. Gentleman wants to give me the benefit of his legal opinion, but that seems a reasonable conclusion for a layman to draw.

When I put it to the Minister during the evidence session that he might choose to follow the procedure recommended by his noble Friend when challenged on a similar point, the Minister relied on telling us that it would be a “transparent process”. When he responds, will he say a little more about that transparent process? How does he envisage implementing the powers if Parliament decides to grant them?

Since the purpose of the legislation is to give the Minister a back-up that he has virtually no intention of using, I cannot see why he would resist such an obviously sensible back-up from the Opposition. The amendment merely adds a little parliamentary insurance to the proposals before us today.

Amendments 2, 3, 4 and 5 are consequential and there is no real purpose in my spending further time on them. Amendment 6 requires that the order made under subsection (1) should be subject to an affirmative resolution. Again, were the Committee to find in favour of what the Opposition are suggesting today, it would be logical to find in favour of amendment 6 as well.

The amendment is simple and straightforward. I am challenging the necessity for the Minister to have powers of direction. If it is essential that he has such enormous powers, I suggest that it would be much better for Parliament to be the final decision maker. Were we to find ourselves in that position, it would make sense for any order to be subject to an affirmative resolution.

Education and Adoption Bill (First sitting)

James Berry Excerpts

Tuesday 30th June 2015 Public Bill Committees

[Bill Esterson]

Q 72 How will you assure the quality of those sponsors? We have seen some high-profile problems. How will we avoid those?

Dr Coulson: There are two things. One is that the system is learning a bit about sponsors—those that have been successful and those that have been less successful. The work that Zoe described about headteacher boards has brought greater scrutiny by headteachers of those kind of decisions. That has been a very helpful development in the last year. When someone wants to be a sponsor, they have to go through various processes when they apply. Potential sponsors now have to go into a level of detail, and they have to demonstrate why they would be any good at this, what the governance is and all those kinds of things. Certainly on this the bar has been raised very significantly, even in the last 12 months.

The second thing is the work we have begun to do in the last year to hold academy trusts accountable much more quickly when schools do not appear to be doing as well as we would expect. There is also the use of mechanisms in the funding agreements that allow us to give warning notices and pre-warning notices to academy trusts, which make clear that, unless things change, we will have to move schools from one trust to another.

[James Berry (Kingston and Surbiton) (Con)]

Q 73 I should say that I am a primary school governor. Dr Coulson, there are different tools for improving academies. Could you briefly explain a little about those? I understand that the Government will extend those methods to failing and coasting schools.

Dr Coulson: In terms of improving academies, when those academies that I have got to know in the last year have not been going successfully, crucially, the kind of measures which led to improvements have brought much greater local support. Typically those schools that have struggled are rather dispersed from other schools in their trust. They are schools which do not really have a local understanding of their area, and have struggled to succeed in the progress debate of the children, who typically are in quite low attaining schools. It has been about leadership, as you have heard many times. It has been about the academy trust being able to draw on the local leadership capacity that perhaps they had not previously had. It has been about bringing in fresh leadership to have a fresh look, and sharing some of the key people, whether they are heads of English or heads of maths. This gives a fresh look at departments where children have not been making the kind of progress which you would expect, certainly in these key subjects.

In terms of the second point about failing and coasting schools, there is a big distinction between failing and coasting. In failing schools, I would absolutely expect to see the kind of measures I just mentioned, so an academy trust would immediately take responsibility for the school and do the same kinds of things. In coasting schools, I think that there is a considerably wider group of possible interventions, of which joining an academy trust is one. There are some of the things which Emma Knights talked about, such as interim executive boards; some of the other measures that the Bill mentions, such as insisting on joining up and making arrangements with strong partners for support, and making use of teaching schools and national leaders of education. All those kinds of things are some of the measures we would expect to see a coasting school engaging in. The important thing about the Bill is that there is an expectation that the plan works, one way or another, and that we use every single tactic until we have made sure that it does. That then might include moving to academy status if necessary.

[James Berry]

Q 74 In your experience, how do headteacher boards use local knowledge to advise on decisions?

Dr Coulson: The headteacher board I am familiar with has members drawn from Norfolk, Cambridgeshire, Peterborough, Essex and the London boroughs of Waltham Forest and Redbridge. So across the region we do not have someone who can speak for every single part of the region—we do not have complete, comprehensive knowledge—but we have a pretty wide knowledge of two things. One is an understanding that Norfolk is not like east London, what that means in practice and the kinds of issues that schools are facing in dealing with that. The second is that headteachers of outstanding schools have quite good knowledge of the local players in the field and of who might be the kind of people to draw on in trying to solve a problem. Those are the two things that they have brought.

[Graham Jones]

Q 75 My question is to Dr Major. You mentioned parents and you also mentioned variation in schools. I am a bit concerned that sometimes the debate is about deprivation when actually, from my perspective, affluent schools are more likely to be coasting. Affluent areas really concern me. I want to come to the differential within schools and the role that parents play. What do you think the definition of coasting should be, considering the comments you have made and my concerns?

Lee Elliot Major: I would have liked to have something in the definition of coasting schools explicitly about disadvantaged children. We have seen some schools that are doing very well overall, but when you dig beneath the data you find that the poorest children in that school are not progressing that well. You will all know that the attainment gap is the biggest challenge, arguably, that the education system faces. I have come round to believing that we should be much more explicit about those data. We spend a lot of money, £2.5 billion, on the pupil premium for those children, quite rightly, but I think we need to measure how well that is being spent and how that relates to their outcomes.

Education and Adoption Bill (Second sitting)

James Berry Excerpts

Tuesday 30th June 2015 Public Bill Committees

[Steve McCabe]

Q 19 I do not know whether you heard the earlier evidence, but we were told that voluntary adoption agencies consistently achieve better inspection ratings than local authorities. Do you have any concerns that voluntary adoption agencies could be marginalised by these proposals?

Hugh Thornbery: I do have a concern. It is definitely the case, if one generalises, that the voluntary adoption sector demonstrates a higher level of quality across the sector than local authorities are able to achieve. That does not take away from the fact that some local authorities do exceptionally well. We have heard, as part of the justification for the clauses in the Bill, that some agencies are too small. The first point I would like to make is that there is no necessary direct correlation between quality and size, and it would be tragic if we lost some of the real expertise that exists within some of the smaller voluntary adoption agencies, which focus particularly on trying to find the right family for some of the hardest-to-place children.

Because my organisation is UK-wide, I have been involved in developments in Wales that have led to a national adoption service and the development of five regional agencies, rather than 22 individual local authorities doing adoption. It has been our experience there that the voluntary agencies were left on the margins of that change process and found it very hard to have a say, despite the fact that they were delivering high quality and were placing about 20% of the children placed each year. So that risk does exist. The proposals set out in the Bill do nothing to reassure me, necessarily, that we will not lose some highly efficient and effective voluntary agencies as a casualty of this.

Andy Leary-May: Yes, I would urge caution as well. There are a lot of things that are working well in adoption, and if the powers in the Bill are used, we should be very careful not to lose some of those things. They include the work that goes on in voluntary adoption agencies and the skills and specialisms that exist within them.

[James Berry (Kingston and Surbiton) (Con)]

Q 20 How can we avoid voluntary adoption agencies being marginalised? You have both said that that is a risk.

Hugh Thornbery: I think one of the things that mitigates that risk is the investment that the previous Government and this Government are making in the capacity building of the voluntary sector. This comes at a very difficult time for the voluntary sector, with the steep decline in the number of children, which creates incoming cash-flow difficulties for voluntary agencies. So there are other challenges for the voluntary sector at the moment, as well as impending regionalisation.

The other way of dealing with this goes back to some of the questions and answers I heard in earlier evidence around the criteria used in determining what direction should take place if the need arises for the Secretary of State to direct. Prior to that, it would be very helpful if the Department were able to find a more bottom-up, locally driven approach. That is not, I think, something for legislation, but perhaps for guidance, to strengthen the role of the voluntary sector in the discussions and developments that take place at a local level. That happens exceedingly well already in some regions. I was in Yorkshire and Humberside the other day for a meeting at which all the voluntary adoption agencies had been pulled together by the consortia. It happens far less well in other areas. The risk is not across the board but particularly in some areas of the country, where there is perhaps no culture of engaging the voluntary sector.

[James Berry]

Q 21 So your concerns are capable of being dealt with within the framework proposed here?

Hugh Thornbery: There is nothing in the legislation that would deal with my concerns. It is a matter of what else there is. There is encouragement, clearly, in the paper that the Government have produced, “Regionalising adoption”. There are examples of where the voluntary sector has achieved some success—Coram is a good example—but it is too weak at the moment, and I think my colleagues in voluntary adoption agencies are feeling really quite anxious about the next year or two, compounded by their current difficulties with the fall in the number of children.

Andy Leary-May: I do not really have an answer as to how that risk could be mitigated—I think it ought to be. I certainly think that what this is trying to fix should be made clear. I agree that there should not be too much detail on how it is achieved, but what we are trying to achieve and what problems we are trying to fix should be made clear.

[Mrs Lewell-Buck]

Q 22 Good afternoon. As you are aware, adoption is only proposed for a child after all other avenues have been explored. Do you think that some of the money that the Government spend on these reforms might be better spent in social work teams, so that they could assess quicker and rule out or rule in family members before they get to the plan for adoption?

Hugh Thornbery: I do not have a particularly strong view. We are clearly in a time when pressure on public expenditure is very severe. The adoption system has two parts to it. It has the part where the assessment of children and the assessment of different options available within the children’s teams take place. Then there are the specialist adoption workers, family finding, supporting with matching and post-placement support.

I think it is entirely right that there has been investment in the areas where it is required within the specialist adoption sector. We still feel that not enough is being done to support adoptive families, but we have seen very good developments such as the adoption support fund and the pupil premium. It is right that money is being spent there because many of those families have been in crisis.

I think there is the opportunity within the proposals, particularly as set out in the Government’s paper, to consider how one might move from adoption agencies coming together to agencies that are not able to deal with a broader range of the aspects of permanence. I think we have some failings in the system at the moment in terms of being able quickly and accurately to assess what options are available and moving as quickly as possible to the right decision, whether that is adoption or some other pathway to permanence.

Andy Leary-May: Yes, I do think that the Bill misses an opportunity to focus on the other routes to permanence and to address that. To answer the question specifically, I think we should spend money on both. Given how incredibly important it is to invest in the future of these vulnerable children and given the benefits to society financially and otherwise, I would say spend money on both.

--- Later in debate ---

[Steve McCabe]

Q 102 I was referring to the joint arrangements covering adoption.

Edward Timpson: From memory, that was clause 3, but it may have changed during the Bill’s passage through the House of Lords.

As we heard in the evidence earlier this afternoon, the whole purpose of this clause is to have a backstop power in circumstances that we envisage will be extremely rare, if used at all, to enable regional adoption agencies to be fulfilled right across England. We want that to happen voluntarily, to be locally developed and to be done—I think this is where we can have a higher level of agreement on your point, Mr McCabe—in a transparent way. It must be clear who is involved and what will be expected of those who are in conversation with other local authorities, voluntary adoption agencies and the Department for Education, so that we get what our “Regionalising adoption” paper sets out clearly: excellence in every regional adoption agency.

The details of how we do that will, I am sure, be discussed in Committee, but I can certainly give an assurance that we want to see a transparent process. Much of that is already happening, as we have heard. I fully expect that to continue with the support we are offering through the £4.5 million over the next year and the practical support that the Department can offer, as well as the adoption leadership board and the regional adoption boards. That will ensure that excellence, where we know it exists, is brought to the attention of local authorities that do not know already about it and are looking to build up a consortia.

[James Berry]

Q 103 For constituents I have spoken to about adoption, the key concern and key failing they identify in the system is the time it takes to achieve permanency. Are you confident that the Government’s proposals in the Bill will speed up the process?

Edward Timpson: I am confident that if regional adoption agencies develop in the way that we expect and are already starting to see, that will help—particularly with the matching process and trying to bring down the time it is taking for far too many children whose plan is for adoption to be matched with their forever family. We know that there are 3,000 children in care at the moment whose plan is for adoption. Over half of those have been waiting for 18 months for that match, despite the fact that there has been a 27% increase in adopter recruitment in the past few years.

We have, in the past three to four years of the coalition Government, seen a reduction of about four months in the time it takes for a child to be adopted. That is good progress, but we think we can go further. The creation of regional adoption agencies will help in that endeavour, as will the area of recruitment and improved support for children who have been adopted—in particular, the specialised services that are not always available in every local area. If those services are commissioned and drawn from a wider area across the region, more families and children will be able to access them when they need them.

[James Berry]

Q 104 Secondly, the first set of witnesses we heard from on the adoption part of the Bill were broadly supportive of the Government’s proposals. The second set—to the extent that they were actually opining on the Bill; in other words, adoption rather than the wider piece—did raise some concerns, one of which was that small voluntary adoption agencies might be crowded out. Can the Government give any reassurance on that?

Edward Timpson: There are several ways in which I can reassure those voluntary adoption agencies. I had the opportunity a few weeks ago to speak to the Consortium of Voluntary Adoption Agencies about this at their conference.

First, I put on the record—I will continue to do so throughout the Bill’s passage—my view and that of the Government: voluntary adoption agencies play a key and central role in delivering high-quality adoption services in England and, I am sure, right across the United Kingdom. They will be an essential part of the solution to excellent regional adoption agencies. Secondly, in the paper, “Regionalising adoption”, we have—I think on page 12—clearly set out why we say that that is the case. We will be working with local authorities, as they develop their regional adoption agencies, to ensure that they understand the benefits that they can draw from voluntary adoption agencies if they are not already doing so.

Voluntary adoption agencies that may want to have a different arrangement—obviously, we cannot force them to join the consortium—will still have a vital role to play in providing some of those specialised services for children for whom it has proved more difficult to find the right family. They could also have a role in the training of adopters, so that they feel confident with the challenge, which, I know from my own family, adoption can bring.

[Peter Kyle]

Q 105 I have a follow-up question to Mr Gibb. First, I would like to associate myself with some of the comments that you made about the protests that have emerged around potential converter schools. I returned to secondary school in my mid-20s because I went through a failing school the first time, so I feel this very personally. In my constituency, I have seen cases of people using individual schools as political footballs, which I think is appalling.

We are now moving from an era of rapid conversions of failing schools into one where parents will find out that their school has been declared coasting, and that might be a shock to them. A rapid process may emerge, which will invite this kind of protest, however rapid it is. We could lose any existing community engagement, which could have been harnessed. I am throwing you an olive branch. We all want zero tolerance on young people leaving school and emerging into an area where they will not get the second chance that someone like me did. Is there a way of finding a consultation process that harnesses parent power, rather than, by default, seeing it as an obstacle?

Mr Gibb: There are two questions. One is whether children should be involved in a child’s education and whether the community should be involved in its local school—yes to both. Secondly, should organised political groupings locally be able to thwart the conversion of a failing school into an academy? The answer is no.

I should add that in the Bill if a school is voluntarily converting—a good school that the governors have decided to convert—there is still a requirement for them to consult the stakeholders of the local community. It is only for those schools that have been categorised by Ofsted as failing. When Ofsted puts a school into special measures, it is the truth; it is a school that has not delivered properly for those young people. We cannot have ideologically driven groups deliberately trying to delay and frustrate the aim of raising standards.

Education and Adoption Bill

James Berry Excerpts

Monday 22nd June 2015 Commons Chamber

[James Berry (Kingston and Surbiton) (Con)]

Thank you, Madam Deputy Speaker, for calling me to make my maiden speech. It is a pleasure to follow such a fine maiden speech from the hon. Member for Glasgow North West (Carol Monaghan). It will not have escaped your attention, Madam Deputy Speaker, that I am not the only Berry on these Benches. Indeed, I am not even the only J. Berry. It has become clear over the past few weeks that, if nothing else, I can look forward to a career redirecting the post of my hon. Friend the Member for Rossendale and Darwen (Jake Berry).

On the campaign trail, I was asked more than once whether there were any politicians in the family—a slightly odd question, I thought. I answered no, but I have since commissioned my sister, Jane, to do a little bit of research, as she likes family history. It turns out that one of my forebears did give distinguished service to my party, although not as a Member of this House but as a butler at one of London’s Conservative clubs.

I am only the second Member to be returned by the Kingston and Surbiton constituency. The seat was created in 1997 from two seats: Kingston, which was previously held by Norman Lamont, and Surbiton, which was held by Richard Tracey. Both have had distinguished careers since 1997, and I am sure the same will apply to my predecessor, Edward Davey. Having won the seat in 1997, Mr Davey turned his majority of 56 into one of more than 15,000, a considerable feat that my hon. Friends the Members for Gower (Byron Davies) and for Derby North (Amanda Solloway) will be seeking to replicate.

I have no doubt that Mr Davey enjoyed 18 years incumbency in Kingston and Surbiton as a result of hard work and dedicated service to his constituents, and that is something that I am working hard to emulate. As well as being Kingston and Surbiton’s MP, Mr Davey served as Secretary of State for Energy and Climate Change in the last Government. His enthusiasm for wind farms might not have blown away all hon. Members on the Government Benches, but I hope that this Government will continue his and the previous Government’s drive to ensure better energy efficiency through home insulation.

Kingston is where England began. In 925 AD, King Athelstan was crowned in Kingston upon Thames, which sat on the border of Wessex and Mercia. Wasting little time, within two years he had conquered the kingdom of the Northumbrians, thereby becoming the first king of all England. I shall spare the blushes of Members of this House from the Scottish, Welsh and Cornish regions by skating over his later military victories.

My constituency does not end with Kingston; it takes in Tolworth, Hook, Chessington, Malden Rushett, Old Malden, New Malden, Norbiton, Surbiton, and parts of Worcester Park. South West Trains permitting, on a journey of less than 20 minutes from Waterloo, you can enjoy a walk down a beautiful stretch of the River Thames in Surbiton, the best retail shopping outside Oxford Street in Kingston, an afternoon’s entertainment at Chessington World of Adventures, and, in the evening, a Korean barbecue in New Malden, which has the largest Korean population in Europe.

Like Tom, Barbara, Jerry and Margo, many people in my constituency enjoy the good life, but many do not. Whether it is the inability to get on the housing ladder in London, the inadequacy of our congested train services, our congested roads, the shortage of primary school places or busy GP surgeries, there are significant issues that need addressing in Kingston and Surbiton. There is much to be done, and I will never shy away from that task.

Most urgent are the issues of transport and schools. Vast swathes of my constituency were created because of the arrival of the railways, but now most of our stations are antiquated, with an unacceptable lack of disabled access. Kingston and Surbiton lie in zone 6, when logic and fairness dictate that they should be in zone 5. Commuter services are massively overcrowded. The 7.59 am train from Surbiton is the second most overcrowded train in this country. It is not acceptable that a commuter who gets on a train as early as 6.41 am cannot get a seat. Declaring an interest, I should point out that I try to take that train myself. I should also note that my wife reminds me almost every morning that we would have got a seat if we had got up earlier and got on the 6.35 am. We need significant investment in our rail infrastructure in Kingston. I will, along with others, be pushing for the extension of Crossrail 2.

If Kingston expanded because of the railways, people now move to our royal borough because of its excellent schools. I had the pleasure of visiting St John’s Primary School on Saturday and Southborough High School this morning. Like these two, almost all the schools in my borough are rated either “good” or “outstanding” by Ofsted. Perhaps a victim of our own success, we now need more quality school places in Kingston. The £4.5 million of funding for extra school places given by my right hon. Friend the Education Secretary in the months before the election was very welcome, but we need entirely new schools, not just bulge classes and expansion of the schools we already have. I will work with the Department for Education, the Education Funding Agency and free school providers to do my best to make sure that happens.

It is fitting that I should make my maiden speech in a debate about education, since that was my parents’ profession. Their own parents, like so many in Middlesbrough in the 1930s, ’40s and ’50s, worked in the ICI factories in Billingham. Were it not for the education that my parents received, particularly at the grammar school in my father’s case, I am quite sure that I would not be standing here today. Their education enabled my parents to get on in life—my mother as a special needs teacher and my father as the principal of a teacher training college.

I was reminded that shortly before my father’s retirement, my parents had the pleasure of going to a garden party at Buckingham Palace. Before the party started, my parents took a stroll through Green Park and saw many of the other lucky invitees enjoying their lavish picnics of smoked salmon and champagne. When they found a bench, my father reached into his Safeway carrier bag and produced a Vitalite tub of tinned mackerel sandwiches and a flask of coffee. I have no doubt that as they sat there on that bench in Green Park, my parents were able to reflect on how far they had come from their modest beginnings in Middlesbrough.

It would have been a source of immense pride to my father to have been able to watch me give this speech today, but sadly he died just two days after I was selected. Ever the optimist, he was perhaps the only person to predict that I would win the election. Shaped by his experiences in life and teaching, he believed passionately that education should be the great social leveller. I am proud to support this Bill today because I believe that this Government are putting education and social aspiration at the centre of everything they do. That is why I am proud to be a member of this party and this Government.

--- Later in debate ---

[Mr Gibb]

We have made it very clear that the hon. Gentleman will see the legal definition of a coasting school on the first day in Committee. He will have plenty of time to table amendments to clause 1 in Committee.

We have had some excellent maiden speeches today, including that from the hon. Member for Glasgow North West (Carol Monaghan), who cited the recent education initiative in Scotland, the 1496 Education Act, and pointed out the challenge of having aspiration when living in destitution. Of course, only aspiration and education provide an escape route from destitution. That is the whole objective of our education reforms.

In a moving maiden speech by my hon. Friend the Member for Kingston and Surbiton (James Berry), I was struck by his Reginald Perrin-like commute on the 6.41 from Surbiton. I noted also that his parents were both teachers, and we were all—[Hon. Members: “There he is.”] He moved—perhaps on the 6.41 from Surbiton. We were all saddened to hear that his father died soon after his selection as a parliamentary candidate. The same thing happened to me in 1996.

[James Berry]

May I follow my maiden speech with a request that the Minister meet me and other new colleagues who are passionate about increasing social aspiration through education, so that we can share with him our experiences and examples of best practice locally?

[Mr Gibb]

I would be delighted to meet my hon. Friend. That sounds like an invitation to meet in the Palace of Westminster, so I am sure that the Chief Whip will allow it to happen.

My hon. Friend the Member for Kingston and Surbiton made very clear his commitment to education and high aspiration for all children, which I have no doubt were inspired by his parents. We also heard a passionate maiden speech from the hon. Member for Kilmarnock and Loudoun (Alan Brown), who had some interesting ideas about how we can ensure a Conservative majority in the House of Lords by culling some of the Labour Members.

In a humorous maiden speech, my hon. Friend the Member for Hazel Grove (William Wragg), a former primary school teacher, fretted about how his first contribution would be rated by Ofsted, but I can tell him that the Secretary of State has intervened and graded his first speech as outstanding. He is right to believe that real Ofsted inspections should be done with and not to schools.

In an honest and thoughtful maiden speech, the hon. Member for Dwyfor Meirionnydd (Liz Saville Roberts) pointed out that the education system in Wales is sliding down the international league tables. That country has steadfastly refused to follow the reform programmes that we have introduced in this country.