Education Bill

Lord Geddes Excerpts

Wednesday 20th July 2011 Grand Committee

[Lord Sutherland of Houndwood]

My Lords, on a point of order I wonder whether we could have the timing clocks switched on. I am tempted to add wickedly that I am constructing a league table of length of contributions and I have yet to decide whether it will be published anonymously or not.

[The Deputy Chairman of Committees]

My Lords, there is a technical problem. Unfortunately, the clocks were not switched on at the beginning of this amendment and there is no way of winding them back, even though we all know that we started at 11.57 am. If the noble Lord could do some mental arithmetic, it would satisfy his curiosity.

[Baroness Massey of Darwen]

My Lords, I shall not trouble the noble Lord, Lord Sutherland, with having to time me because I shall be very brief. I always listen to the noble Baroness, Lady Perry, with great respect, but my noble friend Lady Hughes has a point in talking about the “gaping void” and in going back to the Every Child Matters agenda.

I am interested in the later amendment, Amendment 114, in the names of the noble Baroness, Lady Perry, and the noble Lords, Lord Lucas and Lord Lexden. This amendment talks about what she calls a “visitor”. I do not want to go into that right now, but this has echoes of what used to be called “school improvement partners”, who were in schools when I was a governor. The school improvement partners were incredibly useful people to have around because they helped with the business plan, the school ethos and the curriculum. I think that if I were a director of children’s services—and I am glad that I am not—I would welcome a local commissioner who would have a responsibility for schools, because a director of children’s services has enough to be getting on with anyway, with the safeguarding role in particular. How would the “visitor” envisaged by the noble Baroness, Lady Perry, have some kind of influence on what is going on at that local level without some co-ordination? Perhaps visitors are not like the school improvement partners, but I suspect they might be. As I understand it, they would have responsibility over a number of schools. I think she is saying that they would then report to Ofsted or the skills and children’s services board. Is that right? They have to report to someone.

--- Later in debate ---

[The Parliamentary Under-Secretary of State for Schools (Lord Hill of Oareford)]

My Lords, we have already discussed in Committee the principles that underline the Government’s education reforms: increasing school autonomy, improving the quality—

[The Deputy Chairman of Committees]

My Lords, with great respect to the Minister, another Division has been called. The Grand Committee stands adjourned until 12.30 pm.

--- Later in debate ---

[The Deputy Chairman of Committees]

My Lords, it is now 12.30 pm—at least, I think it is. It is very difficult to see the time against the red background. It might still be 29 minutes past, but if all Members of the Grand Committee are ready, we can recommence.

[Lord Hill of Oareford]

My Lords, we have already discussed the principles underlying the Government’s education reforms: increasing school autonomy, improving the quality of teaching, and strengthening accountability. Back in 2005, in their schools White Paper, the previous Government set out their vision for all schools becoming autonomous and for the local authority to become more of a commissioner than a provider of education. We are building on that approach.

The Bill makes few changes to the role of local authorities. It is also the case that our approach to the spread of schools converting to academies in last year’s Academies Act was permissive, because we wanted the extent of change and reform to be driven by governing bodies and head teachers of individual schools. The speed of conversion to academy status tells us something about the attitude of schools towards the previous arrangements and their appetite for taking greater responsibility. What has also been particularly striking, as the programme has moved on, is not only the desire for schools to have more autonomy but increasingly the desire to combine that autonomy with greater collaboration.

We are seeing groups of schools forming clusters and chains, building on the collaboration that they have already established and which the previous Government took forward. That is one of the most encouraging developments of the academies programme. We are also seeing early converters themselves becoming sponsors of underperforming schools, with the development of the kind of collaborative work that I think all of us would want to see. While I recognise that the landscape is changing—more rapidly in some parts of the country than in others, it is fair to say—I do not accept the basic premise of the argument that, left to themselves, schools cannot be trusted to act collaboratively and therefore need to be brought under a new set of statutory arrangements.

At the heart of this debate about a local schools commissioner is a difference of view between us and the party opposite about the new schools system. I recognise that the noble Baroness, Lady Hughes of Stretford, moved a probing amendment to get the debate going. However, she seems to want to reconstruct a system that many schools have been choosing to leave. She seems to prefer a more structured approach, applied equally across all areas of the country and prescribed in legislation. The Government, by contrast, believe in a system with autonomous schools led by professionals who want to collaborate and drive improvement locally.

I agree with the noble Baroness about the importance of collaboration. So far, over 160 schools have created 58 new or expanding chain partnerships across the country. We are increasing the numbers of national and local leaders of education to 3,000 by 2014, building on the previous Government’s initiative to provide support to other schools. The national college has now designated 100 teaching schools to start in September, so that the very best leaders and teachers can drive improvements in the quality of teaching in their area and for the next generation of teachers.

Academies also have to be part of their community. Funding agreements require an academy to,

“be at the heart of its community, promoting community cohesion and sharing facilities with other schools and the wider community”.

A recent study from the London School of Economics found that not only had standards in academies improved faster than in other schools but that other schools in their locality had seen results improve—further evidence of the way in which schools, working together and helping to raise standards, spread those benefits more widely.

The noble Baroness, Lady Hughes, rightly asked about accountability. Our approach to that is to increase the amount of data available about schools and to make sure that in future inspections concentrate on the most important issues: what pupils achieve; the quality of teaching and leadership; and that pupils behave well and are safe. These changes apply to academies as they do to all maintained schools.

The noble Baroness, Lady Hughes, mentioned fair admissions. We have already discussed that at some length. Academies must comply with the admissions code and are part of the co-ordinated admissions process run by the local authority. As we have discussed, this Bill extends the adjudicator’s remit to academies, and local authorities can refer any school to the adjudicator if they feel that admission arrangements breach the code.

I accept the noble Baroness’s reproach about my failure to have circulated before now the list of measures in the Bill and how they affect academies rather than maintained schools. I signed it off this morning. I am sorry that I did not get it across before this debate, but we will circulate it later on. From it, noble Lords will see the way in which the measures of the Bill are applied equally to academies and maintained schools in many regards.

I recognise that it is a time of considerable change, but that change is being driven locally by parents, professionals, schools and others with an interest in education. The noble Baroness talked about localism. I recognise that there is an important debate to have on where localism resides, but I would argue that there is nothing more local than a group of local parents and teachers wanting to set up a school for local children and making that provision fit what those children require, whether it is for children with special needs, an alternative provision or for more of a mainstream school. We are driving change from the department to address entrenched school underperformance, which disproportionately affects the most disadvantaged pupils, and I believe that is the right thing to do.

The noble Baroness specifically mentioned children missing education. Local authorities, maintained schools and FE and sixth-form colleges have safeguarding duties under the Education Act 2002. Academies are required to make provisions for safeguarding under the independent school standards and their funding agreements. Under education regulations from 2006, all schools are required to inform the local authority when a pupil fails to attend school regularly. Noble Lords may also know that the Government have committed in the other place to review the Education (Pupil Registration) (England) Regulations 2006 and to tighten up and extend the circumstances in which all schools must inform the local authority when a child is missing school or removed from the register. We are also planning to revise the statutory guidance to clarify how local authorities can best carry out their duties to identify children missing education. So there are clear, statutory duties to support that important and vulnerable group of children.

Overall, many local authorities have welcomed the changes that the Government are taking forward. They deliver the stated aim of the previous Government, which I share, for local authorities to be commissioners. There is growing evidence that the best school leaders and professionals welcome the opportunity to collaborate and drive improvement across schools in their area. We hope that these changes will free local authorities, led by directors of children’s services, to focus on championing the interests of parents and children who most need support. We are working with representatives from all sectors through a ministerial advisory group on the role of the local authority, of which my noble friend Lady Ritchie is a member, to help shape our thinking in this area.

Our aim overall is a freer system in which the best schools and professionals are in the lead and collaborating to improve the education for all children in their area. I do not think that the specific proposal for local school commissioners made by the noble Baroness, Lady Hughes, is the right approach. It would add, as my noble friends Lady Perry and Lady Ritchie said, another layer into the system, which would blur accountability.

The noble Baroness made specific points about admissions, children missing education and accountability. There are mechanisms in place. I recognise that it is a time of change, and I acknowledge her questions, but as the process of change is taken forward and driven by schools, professionals, parents and teachers, we will get to a system that will raise quality and provide more choice for parents, which we all want. Therefore, I hope that she will feel able to withdraw her amendment.

Amendment 107A withdrawn.

[The Deputy Chairman of Committees]

Before moving on, for the assistance of the noble Lord, Lord Sutherland, I calculate that the debate on Amendment 107A lasted for 38 minutes.

Amendments 107B to 170C not moved.

--- Later in debate ---

[Baroness Jones of Whitchurch]

My Lords, I rise to oppose the Motion that Clause 36 stand part of the Bill and to speak to the Motion on whether Schedule 11 should be agreed. These amendments go to the heart of the difficulties that we have with this Bill. In seeking to restructure education provision in this country, far from decentralising power to parents and local authorities, as we have just debated, the Secretary of State is taking decision-making away from them. Flexibility and parental choice are being restricted rather than embraced and welcomed.

Clause 36 and Schedule 11 illustrate this point perfectly. In future, there will be a presumption that any new school will be an academy. The power of local authorities to consult widely, to plan for a spread of school choices and to take account of parental demand is massively curtailed. Under this clause, when a new school is needed, local authorities will have a duty to seek proposals to set up an academy and identify a possible site. They must obtain the Secretary of State’s consent—

[The Deputy Chairman of Committees]

My Lords, with great respect to the noble Baroness, yet another Division has been called. If she could curtail her remarks, the Grand Committee will be adjourned until 12.56 pm.

--- Later in debate ---

[The Deputy Chairman of Committees]

My Lords, it is now 12.57 pm. The noble Baroness, Lady Jones of Whitchurch, was interrupted in full flow.

[Baroness Jones of Whitchurch]

I could bore everyone by starting again, but I am not going to do that. I was talking about how under this legislation the power of local authorities to consult and to plan for a spread of school choices is massively curtailed.

Under this clause, when a new school is needed local authorities will have a duty to seek proposals to set up an academy and to identify a possible site. They must obtain the Secretary of State’s consent before publishing proposals for a competition to set up a new school, and the Secretary of State can intervene at any point to stop a competition early. Meanwhile, competitive academy proposals will no longer need to be submitted to local authorities for approval and can instead go directly to the Secretary of State. I do not think local authorities are left in any doubt about what will happen to their proposals if they put forward anything other than an academy to the Secretary of State. They might well wonder what happened to their strong strategic role supposedly defending the interests of parents and children, as envisaged in the schools White Paper.

I am intrigued to know how the Minister can explain how this central directive that new schools can be only one type squares with the concept of parental choice. Moreover, how would the Secretary of State know what represents the best type of school for a particular locality? If, as it appears, the Government think that academies are always the right solution, does that also mean that maintained schools, even the best performing ones, are in some sense second-class schools? It might be thought that as these provisions apply to new schools only, they will have relatively little impact on the overall architecture of school provision, but the proposals cannot be seen in isolation from other clauses in the Bill that allow the Secretary of State to close down schools more readily and to hasten the conversion of maintained schools into academies. From all these measures, it appears that the Government’s grand plan is that all schools should be academies. Perhaps the Minister can confirm that.

I am sure that the Minister will remind us at this point that the academies programme was brought in under the previous Government, and indeed it was, but it had a different purpose. Academies were seen as a way of targeting resources and focusing on struggling schools when other interventions had failed. As more and more schools convert to academies, they will lose the kudos, focus and additional resources that helped them succeed.