Education Bill

Lord Lexden Excerpts

Monday 12th September 2011 Grand Committee

I would also like to ensure that, where there has been abuse, the subsequent inspection overtly inspects what action has been taken, and openly reports whether the failures that allowed the abuse to occur have been put right. I hope my noble friend the Minister can assure me that, if the arrangements in Clause 42 are ever implemented, he will ensure that all these things happen. Parents expect it, and children deserve it, as do the very many good and responsible teachers and heads in the sector. We must remember that in exposing malpractice in these matters we are protecting the reputations of all the good schools which do these things well.

[Lord Lexden]

My Lords, following my noble friend’s powerful speech, I want to make just a few points on inspection arrangements for independent schools. I do so as a former general secretary of the Independent Schools Council. It was during my time that the Independent Schools Inspectorate assumed its early shape, before being put on a firmer basis by the Secretary of State, and being given responsibilities which were clearly delineated, and approved by the Secretary of State, under the Education Act 2002.

One point that I would like to make is that the Independent Schools Council is not quite in the state of flux that my noble friend suggested. The Headmasters’ Conference has had disagreements with the Independent Schools Council, which acts on behalf of a number of independent schools associations. There have been detailed inquiries as to how the Independent Schools Council might operate more effectively in the future. I understand that those negotiations and discussions have reached a satisfactory conclusion, and on that basis the Headmasters’ and Headmistresses’ Conference will be remaining one of the constituent elements of the Independent Schools Council.

There is no doubt at all about the independence with which the ISI operates. This was clearly laid down in the terms of reference that the then Secretary of State gave the ISI in 2002. It is becoming stronger and more manifest next year, as my noble friend mentioned, since the ISI is going to be reconstituted as an independent trust. At no time has the ISC sought to influence, directly or indirectly, the work that independent schools inspectors have done. This has been clearly shown by Ofsted’s monitoring of the education inspections, which has been conducted since 2002 under the terms of reference laid down by the Secretary of State. Not one cause of complaint or censure has ever been laid against the ISI by Ofsted during its monitoring of education inspections. Indeed Ofsted’s report last year praised the “excellent dialogue and communication” with schools, the “clear and authoritative” feedback, the “inspectors’ courtesy and professionalism”, and the “rigorous” checking of schools’ “compliance with the regulations”. I know from my own experience the seriousness with which Ofsted undertakes these duties, which are recorded publicly. Also, there is close Ofsted involvement in the everyday work of the ISI, since representatives of Ofsted—very senior figures indeed—come to the meetings of the committees which oversee the ISI’s work.

As things stand at the moment, independent boarding schools are subject to two separate inspections, causing a great deal of duplication, and of course extra expense. The monitoring arrangements, having worked so well as far as educational inspections are concerned, are now going to be put—and this is a wholly new aspect of things—on a firm, statutory basis as, under Clause 42, the power to inspect welfare arrangements will pass to the Independent Schools Inspectorate as well.

The work done by the ISI is rigorously overseen. High standards have been maintained by the Independent Schools Inspectorate. There is a wide feeling that it is fit to carry out boarding welfare inspections, the quality of its inspectors and the rigour of its work having been clearly supported and underlined by Ofsted. To the extent that there is concern about the ISI’s position, Clause 42 should increase confidence in that it puts into primary legislation a duty on Ofsted to monitor and oversee the ISI’s work. This is something that already works well in practice for the educational aspect of school inspections. The clause will remove any doubt as to Ofsted’s role and the quality assurance and oversight of the ISI’s work, and it should lower costs to schools by substituting two inspectorates with one, with no lowering of regulatory standards. I believe that it is a welcome clause and that it should receive support.

[The Earl of Listowel]

I hope that the noble Baroness and the noble Lord will forgive my ignorance but are these inspections normally announced or are they unannounced?

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[Lord Lexden]

If the noble Earl is asking whether the inspectors arrive without notice, the answer is no. There are cycles in which the inspections take place. The inspectors do not suddenly arrive at schools unannounced.

[Baroness Garden of Frognal]

My Lords, I thank my noble friends Lady Brinton and Lord Lexden for what they have said, and I hope that some of the concerns that my noble friend Lady Brinton raised have been addressed in the remarks of my noble friend Lord Lexden.

Education inspections in most independent boarding schools are carried out by independent inspectorates. Boarding schools, unlike day schools, are also subject to welfare inspections, which are carried out by Ofsted, as my noble friend set out. Where possible, Ofsted and independent inspectorates carry out joint inspections to minimise disruption to the schools concerned, but there are two separate inspection reports, published on two different websites, and that information is readily available on those websites.

The Secretary of State already has a power to appoint an independent inspectorate to undertake boarding welfare inspections in England. We intend to use this power to appoint the Independent Schools Inspectorate, which will mean that schools affiliated to the Independent Schools Council will be subject to a single inspection, covering both education and boarding welfare, which will be followed by a single published report. However, I stress that there will be two reports—one for education and one for welfare.

The clause replicates the measures that are already in place on education inspections to ensure that any independent inspectorate appointed operates effectively. It allows Ofsted to monitor inspections by independent inspectorates of the welfare of children in independent boarding schools and requires the chief inspector to prepare an annual report on those inspections. It also gives the Secretary of State a power to direct Ofsted to undertake a boarding inspection of any school at any time, including where the boarding provision would normally be inspected by an independent inspectorate. This is the same power as he has in relation to other types of inspection, but in practice we would expect this power to be used only in exceptional cases.

I hope that my noble friend will agree that these measures, when taken together, provide transparency, accountability and confidence in the arrangements for independent inspectorates to carry out welfare inspections in independent boarding schools. I reassure her that welfare inspections will continue in all schools, whether they are outstanding or not.

I also reassure my noble friend that safeguards for welfare inspections will be as robust as they are for education inspections, and that regulations will set out criteria for the appointment of independent inspectorates and for terminating any such appointment, if need be. The criteria in respect of boarding will mirror the criteria for appointment in respect of education.

My noble friend mentioned the HMC vote to leave the ISC. I hope that she has been reassured by the point made by my noble friend Lord Lexden. I suspect that I will not have covered other points in my reply, in which case I will write to my noble friend, but, meanwhile, I hope that she will feel free to withdraw the amendment.