Academies Bill [HL]

Lord Adonis Excerpts

Monday 21st June 2010 Lords Chamber

[Lord Greaves]

My Lords, Amendment 3 in this group is tabled in my name. It is similar to the amendment that the noble Baroness, Lady Morgan, has just moved. I tabled this amendment because I have read the Bill several times—more times than is good for me—and I cannot work out whether the Government intend to include free schools within this legislation, and this is meant to be the legislation that will apply to free schools, or whether it is just about converting existing schools. My confusion, which is similar to that of the noble Baroness, arises because all the Government’s statements about the Bill relate to converting existing schools into this new kind of academy. That is how the Bill was promoted. I read the Second Reading debate, and that was largely what it was about. So I was confused as to whether Clause 1, in particular subsections (1) and (2), could apply to free schools. The Bill states:

“The Secretary of State may enter into Academy arrangements with any person”.

That seemed to me to provide an ability to include any group of people who put themselves forward to set up a so-called free school.

Then there was the announcement at the weekend and the Statement that we have just had, and it now appears that the Bill includes free schools and that they will be set up within the terms of the Bill, if and when it becomes law. That is the real reason I put this amendment down for clarification. Will the Minister confirm that that is the case? Or do the Government think that free schools can be set up under existing legislation? In that case, they have a choice. If free schools are included in the Bill, a great deal of unanticipated extra discussion and debate is required, particularly in Committee.

I thank the Government and Ministers in both Houses for the amount of discussion they have been prepared to enter into with all Members of the House, and in particular with the Liberal Democrats, concerning the Bill. However, going over the notes I have made of meetings, I see that free schools have hardly been mentioned. The meetings have all been about conversions. Suddenly this weekend, the terms of the debate on the Bill seemed to change substantially. At this stage I do not want to enter into detailed debate about free schools. However, if there are to be free schools, the legislation and rules under which they are set up will need to be laid down at least as clearly as the rules for conversions are set out in the Bill. Given the quantity and detail of the amendments that have been tabled, we may feel that the detailed rules and regulations for conversions are insufficiently set out in the Bill and need improvement.

The system for setting up free schools does not exist in the Bill, as far as I can see, unless there is stuff that I have read without understanding what it means. This amendment is a means of getting from the Minister some clarification of these matters so that, in the rest of this debate in Committee and when the Bill goes back to the House, we can understand exactly what we are talking about. It may be that amendments that noble Lords might want to see in the Bill will be different according to the answer that the Minister gives. The basic questions are: do free schools need new legislation; can they be set up under old legislation so that the Bill does not apply to them; and, is the Bill necessary and fundamental to the setting up of free schools?

[Lord Adonis]

I hope the Minister will be able to confirm that entirely new schools can be set up, and indeed are set up at the moment, as academies. So, to the extent that that is true, free schools can be set up at the moment under existing academy legislation. I warmly welcome the suggestion made by my noble friend Lady Morgan that free schools should be called academies. I hope that the Minister is able to accept that suggestion, which my noble friend makes with great generosity of spirit, to make clear that we have a much more uniform nomenclature available. I am very keen to see all categories of schools that have the legal characteristics of academies called academies.

[Lord Low of Dalston]

I shall speak to Amendments 13 and 76, which are tabled in my name. When we debated the Bill at Second Reading, there was widespread concern throughout the House that academies should have obligations to meet the needs of pupils with special educational needs that are no less rigorous than those which apply to maintained schools. The Minister was very clear that he was fully committed to this, and I am grateful to him for the trouble he has taken in meeting Peers with these concerns and also in writing to provide assurance that that is what the Bill achieves. However, there are still areas that remain unclear, where the commitment could do with being spelled out more fully or where gaps in the obligations to which academies are subject need to be plugged. These amendments are directed at remedying these deficiencies.

Amendment 13 is a probing amendment with two purposes: first, to ascertain whether academies receiving academy financial assistance will be required to have funding agreements in place; and, secondly, to ascertain whether meeting the needs of children with special educational needs and disabilities will be included as a standard requirement within arrangements for academy financial assistance, just as it currently is in funding agreements.

Currently, academies are principally accountable through and governed by funding agreements signed with the Secretary of State. Clause 1(2)(b) introduces a new form of funding for academies—

“arrangements for academy financial assistance”.

These are not found in the original academies legislation. Arrangements for academy financial assistance are a form of direct funding from the Secretary of State granted through powers conferred by Section 14 of the Education Act 2002. Arrangements for academy financial assistance are an alternative to funding through an academy agreement so that it appears possible that, where arrangements for academy financial assistance are put in place, an academy may not be required to have a funding agreement.

While it is possible to have reservations regarding the scope and effectiveness of funding agreements as accountability mechanisms, there has none the less been clarity in funding agreements signed after 2007 that academies should have regard to the SEN code of practice and use their best endeavours to ensure that special educational needs are met. There are concerns that this new form of academy funding—arrangements for academy financial assistance—will bypass the safeguards contained in funding agreements in relation to SEN provision. This amendment gives the Minister an opportunity to make the position clear and to reassure us that academies receiving academy financial assistance will be required to have funding agreements, and that meeting the needs of children with SEN and disabilities will be included as a standard requirement within arrangements for academy financial assistance.

--- Later in debate ---

[Lord Adonis]

My Lords, there seem to me to be two distinct issues. The first is that of good practice in the establishment of academies, which was rightly raised by the right reverend Prelate the Bishop of Liverpool. It is clearly good practice that maximum efforts are made to engage the local community. Indeed, it is very unlikely that an academy proposal will be a success if it does not have a very wide measure of support from the parental body, the staff body and the wider community. As the right reverend Prelate rightly says, although the statutory consultation requirements are not present in the case of academies because very few statutory requirements apply in respect to academies, an elaborate process of consultation has taken place in relation to their establishment. In virtually every case consent has been given before an academy is established. I say “virtually” because, in the case of some failing schools, it is not possible to gain the consent of the parental body or sometimes even of the governing body. However, that is distinct from the precise provisions we propose to put in the law. As soon as you read Amendment 4A tabled by my noble friend Lady Morgan, you will see the difficulty of trying to put this into legislation. Having dealt with these issues at the Dispatch Box over a long period, I can say that they are only too clear to me. My noble friend’s amendment says that the groups to be consulted must include those it is perfectly reasonable to include, such as:

“(a) the parents of children of the school

(b) the children and young people of the school”.

I entirely agree with my noble friend Lady Massey about the importance of consulting pupils. One of the things the previous Government did which I think was a big step forward was strongly to encourage pupil engagement in schools, including with school councils, which were a very worthwhile development in schools in recent years. I would certainly expect to see school councils consulted before proposals of this kind came forward. However, paragraphs (f) and (g) of the amendment move into the land of the extremely subjective and difficult to determine. Paragraph (f) refers to,

“any local authority which sends a significant proportion of children to the school”.

What is “significant”? We shall be in the courts as soon as an application is challenged on the meaning of “significant”. Paragraph (g) refers to,

“the governing bodies of other schools in the area which might reasonably be considered to be affected by the arrangements”.

But who decides who might,

“reasonably be considered to be affected by the arrangements”?

Those who oppose proposals for schools to become academies will embark on months of litigation and will latch on to ambiguous wording in legislation that enables them to go to the courts.

While the spirit of these amendments is clearly correct and should be encouraged, as we want to see strong parental and community engagement in proposals for academies, I caution the Committee against seeking to put in primary legislation vague requirements which will open the floodgates to opponents to engage in litigation on the ground of ambiguous legal wording.

[Lord Northbourne]

My Lords, I should like to set down a marker. If academies are required to accept children with special educational needs, those who understand the needs of those children should be consulted to find out what the effect of the academy would be on their well-being.