Children's Wellbeing and Schools Bill (Twelfth sitting) Debate

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Department: Department for Education
Ian Sollom Portrait Ian Sollom (St Neots and Mid Cambridgeshire) (LD)
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It is a pleasure to serve under your chairmanship, Sir Christopher. Broadly, the Liberal Democrats welcome clause 51 and its counterpart, not least because we desperately need new special schools. The previous Government approved fewer than half of the 85 applications from councils to open SEND free schools in 2022. This is a real part of unblocking that, so we agree with the Government. We tabled amendment 48 because a potential loophole is created in the now well-established rules on faith-based selection. Those rules apply to academies and will continue to do so, but under clause 51 not all new schools will be academies. The amendment would bring all new schools into line with the current established principles of faith-based selection for academies. It is a very simple amendment. I think the error was made inadvertently during drafting, and hopefully the Government will support it.

Lizzi Collinge Portrait Lizzi Collinge (Morecambe and Lunesdale) (Lab)
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I rise to speak to clause 51, because there are some points I wish to raise about this part of the Bill allowing new schools to have 100% faith selection.

Clause 51 allows new schools to be opened without ideological restrictions on their type; they could be academies, community schools or voluntary aided schools, which in my view is extremely welcome; but it also creates the ability to open new 100% faith-selective schools, which worries me. The current 50% cap on faith selection for academies was introduced by the Labour Government in 2007, and further embedded into free schools in 2010 by the coalition Government. The Education Act 2011 mandated that all new schools must be free schools, extending the cap’s reach. That 50% limit was supported by all three main parties.

A scheme of local authority competitions similar to the one proposed in the clause operated from 2007 to 2012, in which we saw 100% faith-selective schools open. For example, Cambridgeshire county council ran a competition for a new school in which a 100% selective Church of England school won out over a proposal for a school with no religious character; the resultant school opened in 2017 and is still 100% faith selective. Another 100% religiously selective school was approved in the Peterborough council area. This has happened when the legislation has allowed for it.

We heard in the first evidence session that the Catholic Education Service would seek, in areas of oversubscription, to use 100% faith selection. We heard from the Church of England that nationally its policy is to stick to 50%, but its structure means that dioceses can put forward proposals for new schools, and they are not bound by that national policy. Members might be sitting here thinking, “So what? What is the problem with 100% faith-selective schools?” The problem is that 100% faith-selective schools are less socioeconomically diverse than might be expected for their catchment area, and less socioeconomically diverse than schools that are subject to the 50% cap. Compared with their 50% selective peers, 100% faith-selective schools are also less ethnically diverse than would be expected. Faith selective schools remain less inclusive across multiple factors. In my view, 100% faith selective admissions only exacerbate inequalities in the school system.

The Sutton Trust found that faith schools are less inclusive of disadvantaged children. The Office of the Schools Adjudicator found that faith-selective schools are less inclusive of children in care. The London School of Economics found that faith-selective schools are less inclusive of children with special educational needs and disabilities. Faith-selective admissions also disproportionately favour wealthier families, because they are socioeconomically more selective than other types of school. Compared with other schools, faith-selective schools admit fewer children eligible for free school meals than would be expected for their catchment area.

Many faith-selective schools operate a system of scoring for religious attendance and volunteering. In my view, this activity is simply easier for those with more economic or social capital—those who do not work weekends, nights or shifts, and who have a professional background where one is very happy and comfortable going into a new environment; perhaps one went to church as a child. At least since the 1950s, data shows that church attendance is higher among wealthier people. This religious activity is less easy to take part in for those who work shifts or weekends and those who do not have the cultural or social capital to enter confidently a situation that is new or perhaps culturally alien. I am focusing on church attendance because the religious majority in our country is Christian, even though actual religious belief is low.

Faith-selective schools encourage and embed educational inequalities, and that is why I am concerned about lifting the 50% faith-selection cap. I merely ask Ministers to consider this.

Damian Hinds Portrait Damian Hinds (East Hampshire) (Con)
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I rise to speak to amendment 48, which stands in the name of the hon. Member for Twickenham. There are two main reasons people seek to limit school admissions on the basis of faith. The first is that some people do not like religion, organised religion, or the involvement of the state with organised religion. That is a matter of belief for some people. The second is that it is sometimes said that faith-based admission policies shut out others from good schools. There is sometimes a sense that it is academic or social selection by the back door. The hon. Member for Morecambe and Lunesdale alluded to that. Some people—I am not saying this is the case with the hon. Lady—talk about the second issue when really they have in mind the first. One can be a proxy for the other.

Lizzi Collinge Portrait Lizzi Collinge
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Will the right hon. Gentleman give way?

Damian Hinds Portrait Damian Hinds
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Before the hon. Lady corrects me, I did not say she was doing that.

Lizzi Collinge Portrait Lizzi Collinge
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I do not wish to correct the right hon. Gentleman. I believe he is correct that the two get confused. I have both of those beliefs.

Damian Hinds Portrait Damian Hinds
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I know! [Laughter.]

Lizzi Collinge Portrait Lizzi Collinge
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However I am very clear the evidence I am quoting is on the second of those. I would happily provide the right hon. Gentleman with the sources of evidence, should he like to peruse them.

Damian Hinds Portrait Damian Hinds
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I understand, acknowledge and respect what the hon. Lady says but, believe me, I do not need to see any more evidence on this subject, on which I have in my time perused large volumes. It is one of those issues—we talked the other day about another one—where the answer one wants can be found in the data.

Let us step back a moment. All liberal democracies permit freedom of religious belief, but the way it manifests is different in different countries. There can be an approach such as that in the United States or in France, where secularism in education is written into law or the constitution. We in this country have taken a different approach. We have always allowed denominational schools. In fact, we have not just “allowed” it; denominational schools and faith schools have always been a key part of the system. The biggest name in primary education in Britain is the Church of the England; the biggest name in secondary education in England is the Catholic Church.

It is not just in education that our country has this tradition. In international development, for example, the Government work closely with organisations such as Christian Aid, World Vision and the Catholic Agency for Overseas Development. In children’s services, the Children’s Society used to be called the Church of England Children’s Society, and Action for Children, formerly National Children’s Home, has its roots in Methodism.

Before there were state schools, there were faith schools, often attached to monasteries or cathedrals. The Education Act 1944 formalised this position, sometimes known as the dual system, whereby faith schools could be a full part of the state school system while retaining their religious character. There is a distinction between what are known as voluntary aided schools and voluntary controlled schools, and different degrees therefore of independence for those two. VA tends to be mostly associated with the Catholic Church, but there are lots of Anglican VA schools, and VA schools of five or six other religious denominations as well.

It is understood traditionally and generally, but not entirely correctly that with a VA school, the Church provides the land and the state provides the building, and that there is a sort of co-ownership—it is obviously minority ownership on the part of the religious organisation. In reality, over time that system was eroded and changed to a cash contribution in which, typically, 10% would come from the Church, which then became 5%. I think there were some cases in which it was 0%, but broadly that tended to be the situation. Sometimes Churches complain about that, saying, “Why should we have to contribute to this school, when any other school being created is fully funded by the state?” I think that is a good rule for two reasons. First, it is a privilege to be able to have a school that is fully state funded for pupils within a faith, but it is also a guarantee of independence. It means that no future Government can come along and say, “We are going to change all these schools into fully secular schools,” because they are part-owned—albeit a small part—by that religious faith.

Lizzi Collinge Portrait Lizzi Collinge
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Does the right hon. Gentleman agree that the question of schools having a faith element, being run by a Church or by any faith group, is different from the question of whether, in their admissions policy, a school may discriminate against one child and in favour of another based on the professed faith of their parents? Does he agree that those are two separate issues?

Damian Hinds Portrait Damian Hinds
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They are different but related issues. For the avoidance of any confusion, when we talk about schools being “run” by a Church, there was a time when clerics ran schools, but things are not really done in that way today.

Some of the top-performing schools in the country are denominational schools with faith-based admissions. There are some very poor-performing faith schools and some brilliantly performing non-faith schools, and obviously it varies from year to year, but on average, faith schools tend to slightly outperform the average. The hon. Lady can correct me if I am wrong, but there is a feeling that this is where she and others get the idea that that is possible only if there was some unfairness in the intake of children the schools accept.

Lizzi Collinge Portrait Lizzi Collinge
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Will the right hon. Gentleman give way?

Damian Hinds Portrait Damian Hinds
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I suppose, having said that the hon. Lady can correct me, I cannot really stop her.

Lizzi Collinge Portrait Lizzi Collinge
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The right hon. Gentleman is being very generous with his time. It is not a belief that the profile of faith schools is different from other schools: it is true. If we look at the rates of free school meals and the wealth profile of parents and compare them with peers—if we compare apples with apples—the data shows that. Does he recognise that?

Damian Hinds Portrait Damian Hinds
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As I said earlier, there are all manner of datasets. I do not have my full Excel complement with me today, but I can trade with the hon. Lady and counter what she said with other statistics. In particular, anybody who suggests that the intake of a Catholic school is higher up the socioeconomic scale than the average does not know a whole lot about the demographics of the Catholic population in this country. We have a remarkable amount of ethnic diversity because of immigration patterns.

By the way, there is no such thing as 100% faith selection; that happens only if a school is oversubscribed. If a state-funded school has spare places, at the end of the day, it is obliged to let anybody come along. However, if a school is oversubscribed and we lose the faith admissions criterion, the nature of the school will change. That goes to the heart of the hon. Lady’s question. There is something intrinsic to having a faith designation and a faith ethos in a school. Some people—I accept that the hon. Lady is not one of them—believe that such things contribute to what happens to those children, their education and their wellbeing, and they are reflected even in that small average premium in terms of results.

Back in the days of the free schools and before them, as the hon. Lady mentioned, a 50% cap was put in place, known commonly as the 50% faith cap. That reflected the fact that with free schools there was a different situation, because now any group could come along and say, “We want to open a school.” It seemed a sensible safeguard to have a cap. However, all the way through it has remained legally possible—not a lot of people know this—to open a voluntary aided school. That proposition was tested in law in 2012, after the coalition Government came into office, with the St Richard Reynolds Catholic college in the constituency of the hon. Member for Twickenham. Once a VA school is opened, it can convert to an academy.

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Stephen Morgan Portrait The Parliamentary Under-Secretary of State for Education (Stephen Morgan)
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It is a pleasure to serve under your chairmanship, Sir Christopher. I turn to new clause 2, tabled by my hon. Friend the Member for Stroud (Dr Opher), on the important topic of expanding eligibility for free school meals, specifically universal provision, which the hon. Member for North Herefordshire has moved today.

Under the current programmes, all pupils in reception, year 1 and year 2 in England’s state-funded schools are entitled to universal infant free school meals. That benefits around 1.3 million children, ensuring that they receive a nutritious lunch-time meal. In addition, 2.1 million disadvantaged pupils—24.6% of all pupils in state-funded schools—are eligible to receive benefits-based free school meals. Another 90,000 16 to 18-year-old students in further education are entitled to receive free school meals on the basis of low income. Those meals provide much-needed nutrition for pupils and can boost school attendance, improve behaviour and set children up for success by ensuring that they can concentrate and learn in the classroom and get the most out of their education.

In total, we spend over £1.5 billion on delivering free school meal programmes. Eligibility for benefits-based free school meals drives the allocation of billions of additional pounds of disadvantage funding. The free school meal support that the Government provide is more important than ever, because we have inherited a trend of rising child poverty and widening attainment gaps between children eligible for free school meals and their peers.

Lizzi Collinge Portrait Lizzi Collinge
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Does my hon. Friend agree that the value of school meals is much more than the nutrition that they give, and even more than children’s educational achievement when they are properly fed? It is also about building a set of behaviours, a sense of community and an ability to interact with others. It is absolutely vital that when children sit down for a school meal or a packed lunch, that is part of their social development.

Stephen Morgan Portrait Stephen Morgan
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I know my hon. Friend is a real champion of children and young people in her constituency, and she is absolutely right. When I visit schools across the country, I see the benefits of school meals. Not only do children sit and eat together, but they learn how to use a knife and fork. She is absolutely right to point out the wider benefits that the free school meal programme brings.

The number of children in poverty has increased by over 700,000 since 2010, with more than 4 million now growing up in low-income families. We are committed to delivering on our ambitious strategy to reduce child poverty by tackling its root causes and giving every child the best start in life.