Education and Adoption Bill (Seventh sitting)

Debate between Kevin Brennan and Michael Tomlinson

Thursday 9th July 2015 Public Bill Committees

[Kevin Brennan]

We now move on to clause 7, which is another clause where the Secretary of State takes considerable power, and we will consider this group of amendments. As the clause stands, the Secretary of State need take no professional advice about the appropriateness of an academy order. The decision is, in effect, taken in advance by the absolute duty that would be placed on her by the clause. The clause is unusual in that it places an absolute duty on the Secretary of State to academise under certain circumstances.

With amendment 39, we are simply urging the Secretary of State to pause and listen to the best available advice. She ought to take each case as being potentially different, and should inform herself of the circumstances. It is hard to imagine why the Secretary of State would not want to take the opportunity to listen to the best available advice, unless the concern is that the advice that she might be given would not fit well with the predetermined ideological position on what should happen.

[Michael Tomlinson (Mid Dorset and North Poole) (Con)]

On that point of pausing, is not the problem with some of the amendments, specifically amendment 40, that schools will potentially be left in a state that is causing concern for too long? The explanatory statement with amendment 40 says that

“this amendment allows for mature reflection of the need for academisation”.

Is “mature reflection” simply another phrase for “undue delay”?

[Kevin Brennan]

No, it is not. It is what one should be doing when considering the best way to improve the school, which is to look at the evidence. What is the evidence that suggests that a particular approach should be taken? The problem with the clause is that it simply fetters the Minister from any other action, even if that action is one the evidence shows would be better. Mature reflection means considering all of the evidence available.

[Kevin Brennan]

Obviously we are now to have two versions of EVEL. I assume that the one they are going to do now is the lesser of two EVELs. I apologise for that. We shall see in due course whether that is the case.

I will come back to amendment 40 later. Returning to amendment 39, we are simply asking the Secretary of State to take the appropriate and best available advice. Her Majesty’s chief inspector is an independent voice in the system—so independent that Ministers seem to have lost a little bit of faith in his willingness to do whatever they would like him to. Nevertheless, the role has independent status for a good reason.

The chief inspector will have a view on the strengths and weaknesses of the school concerned and the kind of support it needs most, and on the effectiveness of sponsors. In our view, he should not be obstructed from scrutinising sponsors much more carefully than happens now. He will also have a view on the effectiveness of particular local authorities and on schools that might be involved in providing support to another school that needs it. Why would the chief inspector not be listened to? Why is the Secretary of State so sure that she knows best in every case and that she does not need the view of the person paid to be her principal source of independent advice?

The current chief inspector, Sir Michael Wilshaw, may not always say what people want to hear. All sorts of people might not want to hear what he has to say, but that is a poor reason for not listening to him. There may be a very good reason why a school should not be academised. As the hon. Member for Mid Dorset and North Poole pointed out, amendment 40 allows for an opportunity for mature reflection. Perhaps the word “mature” is otiose because I was not going to propose any immature reflection, but amendment 40 allows for a period of reflection on the need for academisation. It is entirely possible to debate whether, in particular circumstances with particular sponsors, the academy model is the best. There are clearly cases in which it has worked, and we very much have supported that approach when it is appropriate.

[Michael Tomlinson]

An example of where it works would be Magna Academy, which is now a sponsored academy in Canford Heath in my constituency. Two years ago, the school was in special measures but, in the past two weeks, it has received an “outstanding” in every single category, which I am told is a first in the south-west in that framework.

[Kevin Brennan]

May I take the opportunity to congratulate the school on achieving that outstanding rating from Ofsted? He is quite right. There are cases where academisation has been an extremely successful model for school improvement. In other cases, other models have worked, and it is only fair that we consider some of those.

The Catholic Education Service has kindly provided some examples in which it thinks other methods have worked well. For instance, St James the Great Catholic primary school in London used an executive headteacher. The school had a section 5 inspection in June 2012 in which it was given grade 3 for three categories except for leadership and management, which was given grade 4; the school received an overall grade 4 with notice to improve.

As I understand it, in such a case under clause 7 of the Bill, the Secretary of State will have no choice but to order the academisation of that school. St James the Great used an executive headteacher despite pressure from an academy broker to join an academy chain. The chain was not acceptable to the school because it is a Catholic school and did not want a non-Catholic sponsor. The diocese brokered a package with St John’s Catholic primary school in which the headteacher of St John’s became the executive headteacher of both schools. A school improvement plan was implemented immediately, which included teachers from St John’s going into St James the Great—we all know about that sort of approach. St James the Great was inspected a year later and as a result of that intervention it went up to an overall grade 2. That is a good example of an alternative approach to school improvement, brokered at a local level, which, effectively and astonishingly, will be banned by the clause. As the Minister wants to intervene, perhaps he can confirm that that is the case.