Academies Bill [HL]

Lord Hunt of Kings Heath Excerpts

Monday 28th June 2010 Lords Chamber

[Baroness Walmsley]

My Lords, I rise to move Amendment 76B, which brings us to a subject that is most appropriate for the slot straight after dinner—school food. The purpose of the amendment is to ensure that pupils in the new academies are entitled to the high standards of school food to which most schools have now risen, with the help of the School Food Trust, the Soil Association and others. We have to thank Jamie Oliver and the previous Government for an enormous increase in the quality and high standards of school food these days. If a great many schools wish to become academies, it is important that we do not lose that benefit for thousands of their pupils. There are now mandatory standards in place for the quality of food served in schools in England. The implementation of food and nutritional standards in primary and secondary schools in 2008, for primaries, and 2009, for secondaries, has seen great improvement in the quality of food served.

There are five good reasons why we need this amendment. First, school food is important for pupils' health and learning. A recent report from Ofsted has confirmed that. Secondly, good quality school food improves children's behaviour and performance. The School Food Trust's School Lunch and Learning Behaviour in Primary Schools research, published in July 2009, shows that children were over three times more likely to concentrate and be alert in the classroom when changes were made to the food and dining room. The School Lunch and Learning Behaviour in Secondary Schools research of July 2009 shows the same benefit for secondary pupils. The School Food Trust research has shown that school meals are now consistently more nutritious than packed lunches. This is of particular concern for children from lower-income families, whose lunches contained more fat, salt and sugar and less fruit and vegetables than children from wealthier backgrounds because, unfortunately, empty calories are cheaper. An affordable school meal service can help to close the gap between rich and poor.

Thirdly, school food is important to help our children maintain a healthy weight and get the nutrients they need to be healthy. School food sets a standard for food quality, encourages healthy eating habits, and raises awareness of the link between diet and health. In England, nearly a quarter of adults and about one in 10 children are now obese, with a further 20 to 25 per cent of children overweight. Research by the Government’s Foresight programme suggests that if current trends continue, some 40 per cent of Britons will be obese by 2025 and, by 2050, Britain could be a mainly obese society. I think that we all know that obesity increases a person’s chances of suffering from many serious health conditions affecting their quality of life and ability to earn.

The fourth reason is that standards at school should set a model for the food outside the school day. A good school meal service can help all children make healthy choices outside school as well as inside it. School cooking and gardening clubs teach healthy eating skills to young people and families to use at home. The skills learnt at cooking clubs increase the intake of nutritionally balanced food, while research from the recent Year of Food and Farming showed that children were more likely to eat fruit and vegetables that they had grown themselves—and so am I.

Fifthly, an Ofsted report just published shows that a good school food policy that promotes a “whole community” approach to food and food culture is as important as a high-quality catering service. It certainly does a whole lot for community cohesion and the enjoyment of our multicultural communities. If academies want to improve their children’s lives and learning, they need to pay attention to their food policy. I beg to move.

[Lord Hunt of Kings Heath]

My Lords, I support this amendment and I certainly think that the issue of helping children to enjoy wholesome, nutritious food in schools is very important. As the noble Baroness has already pointed out, the issue of obesity in young people is a problem that has been growing over a number of years. She mentioned the risk of the potential epidemic in diabetes and, indeed, other health problems. I have a certain degree of interest in this because I launched our Government’s fresh fruit scheme for schools—it seems many years ago now—in Wolverhampton. That scheme has worked well and, as the noble Baroness suggested, we have seen major improvements in the quality of school meals. It is important that this is not dissipated with the development of academies as proposed in the Bill.

I realise that the Minister may argue that the approach taken by the noble Baroness is, in a sense, trying to micromanage schools. Underlying our debates so far on the Bill is the clear tension running through between the desirability to give individual schools as much autonomy as possible and, on the other hand, the recognition that there has to be some kind of national underpinning. The debates on special educational needs and, indeed, our recent debate on exclusions are examples of that. The question before us is whether nutrition ought to be one of those matters where some kind of national leadership or guidance is necessary. I am persuaded that it is. The issue raised by the noble Baroness about the health of our young people is so serious that we have to look to schools to do their bit to help, and the approach that she has taken is one that we could support.

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

My Lords, before replying specifically on the amendment, perhaps I may make a clarification arising from an earlier debate. Earlier, in the extremely good debate on PSHE, I said that the independent school standards which apply to academies also contained a requirement to teach personal, social and health education. I am afraid that I was misinformed on that point and I apologise to the Committee. It may be helpful if I provide a little clarification. The independent school standards require the promotion of self-knowledge, self-esteem and confidence; enabling pupils to distinguish right from wrong; and encouraging them to take responsibility for their actions and contribute to the community. All academies do, however, have to have regard to the Secretary of State’s guidance on sex and relationships education. I apologise again for that earlier error. We know from that debate that there are important issues to be picked up on PHSE as part of the broader curriculum review, and I look forward to discussing those with noble Lords in due course.

On the specific amendment to do with school food, and full of my bangers and mash from the Home Room, I realise how important an issue this is for schools. I certainly agree with my noble friend about the importance of good diet and physical health—points also made by the noble Lord, Lord Hunt, with his work on promoting fruit. We take this seriously. Schools converting to academies will already have been providing healthy, balanced meals that meet the current nutritional regulatory standards. We have no reason to believe that they will stop doing so on conversion or that new schools will not do so either. I am not aware of any evidence that existing academies feed their pupils less well than a maintained school. We would certainly hope and expect in every way that they would continue to feed them as well. They are under a duty to act reasonably in the interests of all their pupils.

We believe that parents will demand the high standard of food that is increasingly being maintained. I pay tribute to the work that has been done in recent years to improve the quality of school food. I have heard from head teachers about the importance of good diet and how it improves behaviour and learning. We expect that parents will demand that that should continue. As an aside, pupils who currently receive free school meals will continue to receive such meals from academies. That will continue to be a requirement of the funding agreement. While I very much agree with my noble friend about the importance of this, the noble Lord, Lord Hunt, was correct in surmising that we feel that, in this balance between prescription and trust, this does not need to be set out in the legislation, important though it is. I invite my noble friend to withdraw her amendment.

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[Baroness Williams of Crosby]

My Lords, I will intervene briefly, partly because I was the Minister who introduced the Taylor report, which laid down a requirement that school governors should include representatives of the staff, of the non-teaching staff, of parents and representatives of the local authority, roughly in the order of a quarter each. It was one of the more successful education reforms, for reasons eloquently set out by the noble Baroness, Lady Howe of Idlicote, and also because deep within the sense of the school was a feeling of it being owned by, and part of, the local community. That was where the significance of parent governors came in. The parent governor often shared the same income and problems of living as the community, and spoke for the community in a way that governors appointed by the proprietor or the agency simply could not do.

Secondly, it is vital to have some representatives from the staff on the governing body, so that they speak as part of the entity of the school and not simply as representatives of a staff union or association: they become part of the body and success of the school. As regards non-staff governors, anyone who knows the extraordinary record of teaching assistants—I thank the previous Government for this—will know that, particularly with respect to children with special educational needs, their role has been crucial and can be represented only by a governor who represents the non-academic staff of a school.

It puzzles me—I hope that the Minister will think hard about this—that a Government committed to the idea of decentralisation, of the big society and of involving far more citizens in building and creating that society, should dream of going back to a situation where we have just one elected parent governor in an academy. One reason for this was that it was felt that in the very deprived communities from which the early academies sprang, they would find it difficult to find more than one parent governor, because so many husbands and wives would be working all day long and would find it very difficult to attend governing body meetings. The much more privileged group that we are likely to see now coming into the world of academies of outstanding schools will certainly find it easier to produce governors, but that is no reason to move away from the principle that in every school—whether the community is deprived or not—there should be a clear commitment to the school by the community. I plead with the Government to reconsider the mistaken decision to cut down the governing body and its composition to just one, at a time when we should try to rebuild and strengthen relationships between parents, schools and the community. It is clear from the coalition agreement that the Government are committed to this.

I will leave this hanging in the air: will the Minister consider ways in which we can bring back the community and its parents to the support of, and involvement with, the school? What was said by the noble Baroness, Lady Howe, and by my respected and distinguished noble friend Lady Walmsley, suggests that this is something well worth thinking about.

[Lord Hunt of Kings Heath]

My Lords, I, too, ask the Minister to give this important matter further consideration. One of the great strengths of our education system over the past few years has been the involvement of parents in schools through PTAs, voluntary work in schools or, indeed, helping in classrooms. In my experience and that of many others, strong parent governors can enhance the quality of governance within schools.

The noble Baroness, Lady Williams, made a strong point about why the circumstances that applied to the original academies and those that apply to the situation before us now, whereby many schools are projected to become academies, are quite different. I also remind the Minister that we are talking about academies that are to be established without formal consultation and without the involvement of the local authority. If we take that together with the fact that academies at the very least will not be encouraged to have a large number of parent governors and the fact that decisions by Ministers, who are taking a huge amount of power to themselves, will not be subject to parliamentary scrutiny, then the situation regarding parent governors begins to fit a certain picture.

My concern is that we are seeing the development of almost private institutions without sufficient scrutiny at either local or national level. One way to counterbalance that would be to come back to the Bill, either tonight or at a later stage, with a much greater reassurance about the involvement of parent governors on these governing bodies. I believe that the same argument applies to staff members. My experience is that by and large they add value to the institution and enhance the confidence of staff in the governing body. It is important that there continue to be links between the local authority and individual schools. Again, in my experience, the local authority-appointed governors often bring a breadth of experience to the governing body. It would be very disappointing if that were lost.

[Baroness Sharp of Guildford]

My Lords, perhaps I may add one small thought to the debate. As I understand it, the parent governor will be not elected but appointed by the board of trustees for the academy. I think that that is a retrograde step. It is important that we have parent governors but I think that they should be elected from among the parents rather than appointed.

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[Baroness Walmsley]

Before the noble Baroness does so, perhaps I could say a word about my amendment in the group. I was a little surprised to hear the noble Lord, Lord Hunt, backing these amendments, given that it was the Labour Government who reduced the number of parent governors to one, to be appointed by the proprietor in the old-style academies. The excuse of the noble Lord for that change of heart appears to be his claim that these schools will be set up without consultation. Perhaps the noble Lord was not in the Chamber last week when the Minister accepted that a high degree of consultation with all appropriate groups was extremely desirable and that he would come back to us on Report with some suggestion about how he would ensure that that best practice is put in place. We welcomed that.

The Minister suggested that under the arrangements for the new academies a single parent governor, as the minimum, would be elected. That is different from the situation that applied with the academies as set up by the Labour Government. Indeed, it is a step in the right direction, but I suggest to my noble friend that it is not enough. He suggests that, on the basis of localism, the school should decide how many parent governors to have and whether it should have two staff members. I accept that, as he says, it is suggested that they should have two staff members, but they are not obliged to have them as a minimum. I also accept that the school is probably the most localist level one can get, but the proprietor may not be local; the proprietor may be a chain and failing schools will still have to have a proprietor. I therefore suggest to my noble friend that, if the proprietor is not local, it is not a piece of local decision-making if he decides that he does not wish to have two members of staff on the board of governors or more than one elected parent governor.

I remain of the view that it is good for the school, good for the education of the children and good for the link between the school and its community to have the kind of situation that I have suggested in my amendment. It is also helpful to the school in fulfilling its duty in relation to community cohesion. If we put a duty on schools, it is important that we give them the levers to fulfil it and I think that this is one of them.

[Lord Hunt of Kings Heath]

I do not want to disagree with the noble Baroness, as I agree with the substantive points that she makes in relation to her amendment, but I want to respond to her comments. First, we will wait for Report to hear the Government’s response to the point about consultation, but the fact is that it is not in the Bill. I want assurances that it will not be some fly-by-night consultation but will allow ample time for people concerned to have their say and for that to be considered. On the way in which parent governors are treated under this Bill and under the previous Government’s approach to academies, I, too, drew the distinction that there were specific reasons relating to the situation in which the first academies were created that will not apply where hundreds of academies are being created. However, on the substantive point, I very much share her concerns.

[Lord Lucas]

Before my noble friend replies, perhaps I may ask my noble friend on the Front Bench a question. He cited a piece about parent governors being elected. Can he give me the reference to that, because I shared the belief held by my noble friend Lady Walmsley that that was not the case? I would very much like to correct that misapprehension.

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[Lord Greaves]

That is the $64,000 question, or perhaps more than that at present exchange rates. I do not know. We will all have a view on that. It will depend on how big or small the local authority is. A big local authority, such as Lancashire, could probably survive quite a lot of its schools becoming academies, because it would still have a critical mass, but if a small local authority—a small London borough that has only a few schools—is left with just two or three primary schools, it will be in serious trouble.

[Lord Hunt of Kings Heath]

Is the point not round the other way? If the cumulative impact of a lot of independent academies in an LEA area is to render problems for the education system, what happens if the LEA no longer has any intervention powers? How is the public interest in a community to be upheld?

[Lord Greaves]

I am beginning to feel like the Minister, the way that I am being cross-questioned by the Labour Party. I am not a Minister; I am not a member of the Government. My first amendment faces exactly the problems that the noble Lord just raised. They are serious problems. The answer has to be properly thought out. It may take longer than this Bill to think about, but it ought not to take very much longer. Having said that, I have said more than enough tonight and I beg leave to withdraw the amendment.

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[Lord Hill of Oareford]

My Lords, I am glad to have the opportunity to agree with my noble friend Lord Phillips but, as has already been pointed out by my noble friend Lord Hodgson, the CICs—a word I have learnt tonight—are not charities so, from a practical point of view, I am advised that any academy which became a community interest company would have to pay corporation tax, rates tax and small amounts of additional VAT. It would also lose Gift Aid on direct donations. Therefore, there may be practical reasons why it is a less attractive option apart from any point about the asset lock, which I am sure I will also learn about rapidly. Given that my noble friend Lord Hodgson will, I hope, be able to discuss these issues more generally with me, perhaps we can touch on this as well as part of those broader discussions.

[Lord Hunt of Kings Heath]

My Lords, may I make a point to the Minister? I am concerned about the timing of this Bill because the issues raised tonight are extremely complex. We are due to have Report stage within a week and, knowing that the machinery for getting approval for amendments in government does not move as speedily as one would wish, I am concerned that there will not be enough time to give full consideration to these matters. I hope that he will give some consideration to ways in which this House can really have enough time to deal with these matters appropriately.

[Lord Hodgson of Astley Abbotts]

My Lords, I have been invited to withdraw my amendment, which I am happy to do. I think that there are ways around the asset lock, which I will not bore the House with at 11.40 pm. To my noble friend Lord Phillips, I had thought about putting down an amendment about a CIO—a charitable incorporated organisation—but since the regulations were not yet drafted, that would be otiose to our discussions on this point. I beg leave to withdraw the amendment.