Academies Bill [Lords]

John Pugh Excerpts

Wednesday 21st July 2010 Commons Chamber

The amendment not only ignores the nuances of the situation, but takes a blunderbuss approach. I appreciate that Labour opposes the Bill in principle and I understand why—the reasons have been well elucidated by the hon. Gentleman and his colleagues both on Second Reading and today. Putting that to one side, however, surely the function of tabling amendments is to try to make legislation better. I am afraid that the amendment fails that test spectacularly: its crude and generalist approach ignores all the points that I know the hon. Gentleman understands about the infinitesimal differences involved and the variety that exists in the provision of special education. It would exclude special schools from going down the academy route if they so wished.

[Dr John Pugh (Southport) (LD)]

The hon. Gentleman is making an extremely thoughtful contribution and I am certainly impressed by it, but it is unfair to suggest that the hon. Member for Gedling (Vernon Coaker) provided no argument for keeping special schools out of the equation. One such argument was that the elimination of special schools from the local authority network would have a more disruptive effect than the elimination of an ordinary primary or secondary school because special schools are well integrated into the overall local authority provision and mission regarding special education.

[Mr Buckland]

I am grateful to my hon. Friend for that intervention. We have dealt, in interventions, with low-incidence needs and I agree with the points that the hon. Gentleman made about that. The key point is about funding and we all felt that the Bill’s original draft did not deal with that properly, but it is now clearly set out.

A second concern of mine, which I expressed on Second Reading, is not so much about the process by which statements appear but about their enforcement. I made some observations in that debate about the need for more detail as to how that will be dealt with. How would a parent who was concerned that a statement was not being carried out or enforced by a school take their complaint further? I understand that complaints to the Secretary of State about the lack of enforcement of a statement in a special school will be dealt with by the Young People’s Learning Agency. I welcome that, but I would want to be satisfied that the YPLA personnel who dealt with those complaints would have adequate training to understand the sometimes labyrinthine process involved in enforcing SEN statements. I would also want the processes to be very clear and to be spelt out to the parents of children with SEN at the outset. I am not going to stray off the point, Mr Chope, but I want briefly to mention amendment 72, which was proposed by the hon. Member for North West Durham (Pat Glass)—

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[Mr Gibb]

My hon. Friends have just made the point from a sedentary position that that is not the case. It is not only outstanding schools that are being invited to acquire academy status; it is all schools. We are also continuing to address the problems at the other end of the scale, to ensure that schools that are in special measures and that are struggling can acquire academy status and have a sponsor that can raise standards in those schools. Those projects, and that approach to policy, will continue.

I am surprised at the opposition to these proposals, given that they build on the legislation of the previous Government. They do not represent a major departure from the previous approach. The Bill has only 20 clauses, and the reason for that is that it builds on the legislation introduced by the previous Government.

[Dr Pugh]

I want to test my understanding of what the Minister is saying. In response to the hon. Member for Ealing North (Stephen Pound), he said that he would be perfectly happy for a governing body to spend a fair amount of money on behalf of local children, even though there might not be anyone on that governing body who had any connection to local children. Surely there is an issue of accountability there—

[The First Deputy Chairman of Ways and Means (Mr Nigel Evans)]

Order. This is not a wide-ranging debate on academies in general. We are debating the amendment, so perhaps the Minister could now direct his comments to that.

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I hope that the Government will give serious consideration to what we propose. Amendment 49 is a minor amendment that simply retains for grammar schools the safeguard of balloting parents if a school is to make the change from grammar school to academy. I hope that we will robustly oppose amendment 14, as it represents a retrograde step.

[Dr Pugh]

Speaking for the non-secular wing of the Liberal Democrats, I should like to say a few words about amendment 42. It appears to narrow the range of schools that can become academies. I think that the Roman Catholic Church has cautioned governors against the Bill, which would have a big impact in areas in Merseyside and Lancashire such as the one that I represent. I tire of hearing people in this place make generalisations about faith schools that are based purely on the north London experience. A person does not need to struggle to get into a faith school round where I live.

People may recognise that I have a somewhat diminished enthusiasm for this legislation. The academy project, whether in its Labour or coalition form, does not fill me with any great glee. I regard it as something of a sideshow, as an extravagance—possibly expensive—and as a distraction from improving standards across the board.

It is interesting to note that in his amendment, my hon. Friend the Member for Cambridge (Dr Huppert) wants to put into law what the archdiocese commands; I do not know whether that will please him, but that is, in effect, what he is doing. Looking at that amendment, a priori, there is no good argument for not having a faith academy that would not equally apply to not having a faith school. It would therefore seem rather mean to discriminate against faith schools at this time, albeit that I regard it as a boon to faith schools not to be academies.

The real argument against faith schools becoming academies seems to me to be as follows. Contrary to what people say, faith schools are often deeply rooted in their communities, and they should not disregard the disruptive effects on wider local authority provision. They should be mindful always of the community effect. That being said, if a religious community both educated and enhanced specifically religious objectives, it is right, as under the Butler Act, that that should be reflected in some way in the funding agreement. It is not obvious that that is done in the Bill, or that the Blair academy project did that. Equally, having settled for academy status and funding, it would be wrong for a school to adopt faith school status retrospectively; I think that we can agree on that. That, I think, is what amendments 43 and 44 seek to prevent, so compared with amendment 42, they are relatively innocuous.

Another consideration that swings me against amendment 42 is my own experience. Eleven of the best years of my life were spent teaching in a faith comprehensive school in Bootle, in an extraordinarily challenging environment. It was a school with a Salesian foundation, run by the Salesian order. The headmaster was a priest, the ethos was fantastic, the dedication considerable, in a very, very difficult environment. Staff never stinted on their time and the head timetabled himself to teach remedial maths to the fifth year and the upper school. When he stepped down as head, before he finished his career—this was a man who was a very distinguished scientist and writer—he continued to teach remedial maths to children whom many teachers would not give much time to in the first place. I have never seen the like, but it ought not to surprise one when one recognises that that order was founded by someone called St John Bosco, who started his schools in industrial Milan, with the vocation of schooling the deprived and transforming their lives.

I could almost be reconciled—the Minister might be delighted to hear—to the anarchy of free schools if I thought that a lot of St John Boscos and Salesians were ready in the wings, waiting to deal with children in environments where people had given up or were terminally demoralised. Sadly, my overall view is that that is not the case. But the free school project would be almost bearable if there were such people and what they were doing could be aligned with the overall social good of the community, if education could be provided that was not just a cloak for indoctrination and if there was a capacity to manage the full curriculum. Then the free school project would have a really noble basis in reality. Sadly, the people queuing up to start free schools are not in that category and do not, in many cases, turn out to be saints.

[Mr Ward]

We are all fashioned on the anvil of experience, and I bring to this debate my own experience. On Second Reading I mentioned the crucial situation of schools being judged or assessed on their attainment, which is then reflected in league tables. A little earlier the Minister attacked the former Labour Government’s record, saying what a shame it was that all the successful schools were in affluent areas, and was not that an indictment? Of course they are mainly in affluent areas because of the crucial importance of intake and the link, to which I have drawn attention in other speeches elsewhere, between attainment and levels of deprivation. The issue of admissions is at the heart of the Bill for me, more than anything else. Freedoms of the curriculum, freedoms in staffing and control of staffing budgets, I am okay with. I opposed the academies of Labour, and I oppose these academies for the same reasons. There are other ways of bringing about improvements in schools.

What concerns me is my experience over nearly 30 years of what schools actually do. Amendments have been tabled saying that schools must comply with the provisions of the schools admissions code. I know what schools that are already subject to that code do now, and we can understand why. I have mentioned the league tables. Schools want to succeed and to be seen to succeed, and parents want the very best for their children, so wherever possible they go to whatever lengths are needed, legally—moving home—or in some cases, illegally, to get their children into the schools that are doing well in the league tables.

I have often heard of the importance and ethos of faith schools. Frankly, to hear people talk about the special ethos of faith schools makes me quite angry, because it is a slap in the face for all those other non-faith schools that have a fabulous ethos, are loving and caring, and provide a good education for children. It is an indication of the importance of league tables, even to faith schools, that although a faith school might say that it will totally disregard school league tables, that it does not care if it is bottom of the league, that it will open its doors to absolutely everyone and take the children that other schools do not want, it does not do that, because it knows that at the end of the day it will be assessed upon the performance of the school in the league tables, and that is so heavily dependent upon the intake. I have chaired admissions forums. It is very difficult when the area includes faith schools, foundation schools, city technology colleges and so on. In effect, there were six different admission authorities, all appearing at the admissions forum, and it was very difficult to achieve co-ordination on admissions with those schools.

The pressure on schools means that good people do bad things—it is only human nature—and I have countless examples of that. When I chaired the admissions forum, a foundation school applied to change its admissions criteria—we could not stop it doing so—to use stanines and banding. I respected the head teacher, but we argued about it. I was the only one to vote against the change and, as it transpired, we could not really have done anything to stop it. I understand why the head teacher was seeking to overcome the problem of having a catchment area of only 10 or so streets. The Minister talked about successful schools, but this school was in the top 20 for its contextual value-added score of 1,040. That was a remarkable result, but the school was also in the national challenge. That head teacher knew that whatever the school did in raising achievement, it would still have a stubbornly resistant attainment record until it changed its intake, and it therefore went ahead and did so.

I am desperately seeking not just assurances, but guarantees of the fairness of the admissions of these new schools. I am very concerned that the Bill describes the characteristics of schools that may become academies as providing

“education for pupils who are wholly or mainly drawn from the area in which the school is situated.”

My understanding of “wholly or mainly” is that it means more than 50%, so 49% could come from outside the area. Another characteristic is that

“the school provides education for pupils of different abilities”.

That may have been changed, but I thought that we were talking about all abilities.

There are some good aspects of academies, but if they are so good and important why do we not make the freedoms they will have available to all schools? I seek guarantees of fair and open admissions policies and an undertaking that this Bill does not represent the opening of the door to more selection.