Education and Adoption Bill
Lord Nash Excerpts(10 years, 4 months ago)
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Lord Hunt of Kings Heath
Is the noble Baroness seriously saying that the only failing academies are ones that have just transferred?
The Parliamentary Under-Secretary of State, Department for Education (Lord Nash) (Con)
No, we are not saying that.
Lord Nash
The answer to the noble Lord’s question is that we are not saying that, obviously; but as we made clear ad nauseam the last time we were here, there have been 1,500 failing maintained schools converted to academies, many of them very recently, all of which have been performing badly, many of them for years, under local authority-maintained status.
Baroness Morris of Yardley (Lab)
But it is also agreed that one in seven of the schools that converted from the maintained sector as excellent or outstanding stand-alone academies went on to require improvement or serious measures.
Baroness Morris of Yardley
If we are arguing about statistics, will the Minister accept that the one I gave was given in a reply from his department?
The Earl of Listowel
Before the Minister responds, perhaps I may say how pleased I am to be reminded of the weight that the Government are placing on professional judgment. I was pleased to read in the Grand Committee proceedings and in the media that they are introducing this new college for school teachers, which will recruit, train and retain the very best teachers to send out to the schools that need them most. That sort of initiative is very welcome. I also welcome the Government’s drive to build trust in head teachers, recognise their expertise and give them as much authority as possible. My concern is that, because of the way in which the Government have set this up, they are putting huge pressures on head teachers to perform in a certain kind of way—which is to have good academic performance so that one will do well as a head teacher if one jumps through certain hoops, which is what head teachers will try to do. That distorts what they might do.
For instance, yesterday the noble Baroness, Lady Massey of Darwen, organised a meeting with children from pupil referral units and hospital schools. We learned that a key issue for those young people is reintegration into mainstream education after their healthcare is completed, or whatever else it might be. A disincentive on the part of head teachers to accept them is that they are not likely to do so well academically. A young boy or girl coming out of hospital who has been away from school for quite some time is not likely to perform as well academically and there might be some hesitation on the part of the head teacher to take them back. I warn the Minister that I may well table an amendment at the next stage of the Bill to help us deal with the particular issue of children who have been out of school for some time and suggest that their data should be excluded from the performance statistics. A head teacher should not have to worry that she will be seen as failing because of a child who has been out of school and is not achieving academically as well as the others. As I say, I may well bring forward an amendment on that.
Baroness Sharp of Guildford
I thank noble Lords who have participated in this debate. Will the Minister clarify one point? I do not have a copy of the Academies Act with me and I have therefore been unable to check it, but my memory of it is that, in effect, where a school fails, it is initially up to the local authority to effect, so to speak, the process of academisation. The Bill changes it so that:
“The Secretary of State must make an Academy order in respect of a maintained school in England that is eligible for intervention by virtue of section 61 or 62”.
That means that the Secretary of State is now the person to take action. In effect, the Minister said that local authorities do not have to worry at all about this because the regional schools commissioners will take responsibility for it. They will have to worry about whether there is a good academy chain. I said that it is important to take local issues into account. There are a lot of academy chains that are not performing very well at the moment as well as those that are. It is not preferable to bring in a poor-performing academy chain rather than use a strong local school. The preferable solution is to link up at a local level so that the school has locally available mentors that it can easily talk to. I rather object, in some senses, to the way that the Minister said, “Don’t worry any more because the regional schools commissioners are going to take this problem and they’ll sort it out because all our academy chains are so super”. They are not. The Government recognise that. This is an important amendment. We want a more sympathetic approach to it. As we are in Grand Committee, we cannot vote here, so I shall withdraw the amendment.
Lord Nash
The noble Baroness is right that the key to school improvement is local school-to-school support. I could not agree more. The academy model is now focused on that, so sponsors will either be a local sponsor in the local MAT formed out of a local outstanding school, and we have created several hundred in the past couple of years, or a part of a national MAT with a local hub. That is essential. I agree entirely with the noble Baroness.
Lord Addington (LD)
My Lords, this amendment is an attempt to correct something that I see as rather an error in the Bill. We have this new condition of “coasting”, which is bad—I think that that is probably the great driver here—and we have a solution to coasting schools, which is that they become academies. We have heard a great deal in the Committee—and it is obvious to anyone who thinks about it for three seconds—that occasionally, at certain points in the future—let us not argue about frequency—academies will start to coast. It has already been agreed that they can fail. My amendment is an attempt to try to tie academies into the existing structure that could deal with an academy that has gone wrong.
I feel that we will have a great deal more fun arguing about exactly what the correct definition of “coasting” is. Indeed, the noble Lord, Lord Lucas, looked, shall we say, a bit like a dog that had found a nice juicy scent when we talked about the academic definition before. That is something which any Minister should be very wary of. The fact of the matter is that we will have a definition, and no matter how you tweak it, occasionally an academy is going to fall within that definition. If coasting is wrong for one school it must, I hope, be wrong for any school. While, as always, the amendment is probing in nature, it is an attempt to bring such a school in.
Amendment 17 presents a slightly different way of basically removing the fur from this moggie. It would insert a new clause. One thing I like about it is that it goes back to nurse; it goes to Ofsted, a body that can take a look around, which knows the system and which can make a judgment. We should think about that because we know how Ofsted works and how its judgments go, and it is in place. Also, using Ofsted in conjunction with regional schools commissioners is probably quite a sensible idea. We have a body whose judgment we trust and which we have used. We should try to put something into the Bill for academies which are making mistakes and doing something wrong—there could be 1,001 problems. I think that Uplands Junior School in Leicester has lost half its teachers today and is to become an academy. Who knows what is going on there? The Minister is looking at me strangely, but it was reported only today so I understand why he may have missed it. It was brought to my attention very briefly.
Lord Addington
Perhaps we can talk about Uplands school at length on Report.
If we go down this path, we will have situations where things go wrong. We need to have an intervention process for an academy that gets it wrong. If it is the entire chain because there is something that is happening through it, we will probably need to intervene on the whole thing. Amendment 16 is just a way of putting in the Bill a provision that says, “Let us try to use what is already in place and so get some sort of solution to this”. It is basically about starting again. I hope that there is no fundamental objection to the amendment and that we will hear how the thinking is developing on something which is an inevitability, no matter how infrequent it is. I beg to move.
Lord Nash
My Lords, I will speak to Amendments 16, 17, 21 and 26 to 29, tabled by the noble Lords, Lord Addington, Lord Watson, Lord Hunt and the noble Baronesses, Lady Massey and Lady Bakewell. I will try to keep my remarks to the point but, before doing so, I will respond to a couple of accusations made by the noble Lord, Lord Hunt. The first, that we are being dishonest, is quite an accusation and I would take great objection to it if I thought he really meant it. He said that it is dishonest that we should just pass a law turning every school into an academy. Maybe if he feels that is something we should do, he would like to bring an amendment to that effect. I made it clear last week in response to the noble Lord, Lord Knight, and again in a letter this morning which I hope he has now received, that the default position for a coasting school is not to become an academy. I suspect that in many cases they may well be able to improve sufficiently on their own or with limited support. I hope I have made that absolutely clear.
Secondly, there was a suggestion that I never mention maintained schools. That is partly because the Bill is about academies and I am trying to keep to the point. Of course there are many successful maintained schools and I pay tribute to them. The noble Baroness, Lady Jones, took me on a most enjoyable trip to Morpeth School in Tower Hamlets, which I was particularly impressed with. I was struck by its approach to CPD.
Lord Hunt of Kings Heath
I am most grateful to the noble Lord for giving way and for his comments. This comes back to the points raised by my noble friends Lady Hughes and Lady Morris. From the tone of the Bill, and the fact that schools will be forced to become academies because the Secretary of State has no choice, it is clear that in the end that is the option which the Government want. The point raised by my noble friend Lord Knight is that the Government really believe that academisation is the only route. They do not understand why any maintained school does not want to be an academy, despite the fact that many of us are involved in very successful maintained schools which do not. None the less, the Government have decided that they all ought to be academies. This is quite clearly the policy. Why on earth do they not just do that? What I do not understand is why we have to go through the charade that we are debating today? With respect to the Minister, he has to be forced into saying something positive about non-academy schools because his whole tenor throughout this, is to quote examples from academies. I must challenge him by asking why the Government will not come clean on what their policy really is. I just do not understand it.
Lord Nash
I will try and make it clear again. Our approach to failing and inadequate schools, category 4 schools, is that they must become a sponsored academy. That is not our approach to coasting schools, as I hope I have made absolutely clear.
The amendment seeks to address noble Lords’ concerns on a number of points. First, that academies as well as maintained schools should become eligible for intervention when they fail or meet the coasting definition. Secondly, that the Bill proposes to remove consultation on academy conversion when a maintained school is judged inadequate. Thirdly, that a duty is placed on the governing body and local authority to progress academy conversion in such circumstances, and finally that, if necessary, the Bill provides for the Secretary of State to revoke an academy order. I shall deal with these points in turn.
First, on failing and coasting academies, I agree entirely with noble Lords that failure and wider underperformance must be tackled wherever it occurs, whether in a maintained school or in an academy. As I set out when we debated the coasting definition last week, academies are governed by a different legal regime from maintained schools. They are run by charitable companies known as academy trusts which enter into a contractual relationship with the Secretary of State through the signing of a funding agreement. It is this agreement that governs how an academy will operate and how the Secretary of State will hold it to account for its performance.
The vast majority of the more than 5,300 open academies and free schools are performing well. In the small number of cases where we have concerns, I can assure the House that regional schools commissioners are already taking swift and effective action to drive improvements and, subject to the passage of this Bill, RSCs will hold all academies to account against the coasting definition just as rigorously as they will maintained schools. To demonstrate our commitment to continually reviewing our approach and ensuring that poorly performing academies are robustly challenged, we have already added a new coasting clause to the model funding agreement showing explicitly that we intend to tackle all schools which are coasting. This gives the Secretary of State formal powers to terminate a funding agreement where an academy is coasting. Even where academies do not have this specific clause in their agreement, I can assure noble Lords that RSCs will still hold them to account against the coasting definition.
Lord Addington
Could the Minister just repeat where that is? That is the real essence of my amendment. Could he repeat where the intervention on coasting academies is?
Lord Nash
RSCs have already shown they can act quickly to bring about improvements. Since September 2014 when RSCs first took up post, they have issued 58 pre-warning and warning notices to academy and free school trusts. In the same period they have also moved 83 academies and free schools to new trusts or sponsors, compared with 13 in the previous academic year. For example, Ipswich Academy in Suffolk was judged to require special measures in January 2015. The RSC acted swiftly to identify a new sponsor for the school and Paradigm Trust has taken on the school from September 2015. Ofsted undertook a monitoring visit in late September and judged that leaders and managers were taking effective action towards the removal of special measures.
In addition, Thetford Academy in Norfolk was judged to require special measures by Ofsted in February 2013. We brought in Inspiration Trust as a new sponsor in September 2013 to run the school. That was seven months later, as compared with the case to which the noble Lord, Lord Addington, referred, where 22 months later Uplands School has yet to become an academy—I will give some more detail on that in a minute. Provisional 2015 results indicate that even under our tougher accountability standards, 47% of pupils achieved five good GCSEs compared to 28% in 2011. Ofsted inspected the academy in December 2014 and judged it to be good with outstanding leadership, describing it as, “transformed beyond recognition”.
These are just two examples of the robust, decisive action that RSCs are taking to tackle underperformance, and of the positive impact they are already having on the school system. Therefore the proposal—that where an academy is judged inadequate or meets the coasting definition it should be eligible for intervention—does not need to be introduced in this Bill as RSCs are already taking action to secure improvements where necessary.
I turn now to the issue of removing consultation. Our manifesto committed to turning every failing maintained school into a sponsored academy, and Clause 7 makes provision for that. As I said in my opening remarks last week, we place children first in our school system and the purpose of the Bill is to ensure that children do not spend any longer than possible in a failing school. A day lost in a child’s education is a day lost forever, and I beg to disagree with the noble Baroness, Lady Massey, on this point. We believe that there needs to be a clear course of action when a school is judged inadequate and that there cannot be any question or debate about what the right solution for that school might be. We must be completely clear, as our manifesto was, that becoming an academy with the support of a sponsor will always be the solution where a school has failed. Every minute spent on consultation is a minute that could be spent on turning the school around. Clause 8 therefore removes the requirement for the governing body to consult on whether the school should become an academy in such circumstances. It is clear that it would be nonsensical to carry out a consultation when our manifesto was so clear that the sponsored academy solution would be the outcome in this scenario. I was delighted to hear the noble Lord, Lord Watson, say in Committee last week, “Yes, the Government have the right to implement their manifesto”.
It is crucial to remember that consultation would be removed only in the most serious cases of underperformance. Where a school voluntarily seeks academy status, I agree completely that the school community should contribute its views. In that instance, the governing body is choosing to enter into new arrangements. However, where a school has failed or is otherwise causing concern, there is no choice. Parents will want to see swift and decisive action to bring about urgent transformation.
I want to re-emphasise that this is not about removing democracy or excluding parents, as some have claimed both in the House and in the other place. It is about ensuring that there is a clear course of action in place to improve the very worst schools in our country. We demand immediate action in other instances of failure, such as when an NHS trust is placed in special measures, so why should we expect any less for our schools? It takes on average a year from the time a school is judged inadequate to open as a sponsored academy.
Lord Hunt of Kings Heath
I cannot resist intervening on that. The whole point is that when we have a failing NHS foundation trust, there are a number of options available to the regulators, whether it is the NHS Trust Development Authority or Monitor; it is not just one-size-fits-all. That really is all that noble Lords are saying here. When it comes down it, if you substitute “may” for “must” in the crucial clause, it is still quite clear where the thrust of the policy is going, but at least that would give some discretion to Ministers. There might be some circumstances where they might want to look at a different option.
I am glad that the Minister has raised the issue of what happens in relation to NHS bodies because I am absolutely clear that both in law and in practice there is a range of options. Something happened to a trust that I was involved in, and the chairman and chief executive of a neighbouring trust have basically become the chairman and chief executive of that one. As I say, there are options. What the Government are saying is that there will be absolutely no option whatever. Actually, I find it quite extraordinary that Ministers do not want to give themselves a little discretion and headroom.
Lord Nash
I note the noble Lord’s intervention. He has not disappointed me; we discussed this morning where comparisons might be made with the NHS, so I knew that he would jump up because he has vast experience in the matter of the health service. My point is that action in the NHS is immediate and swift. I shall come on to explain the “must” and “may” point. There are circumstances in which the Secretary of State may be able to revoke her academy order, so it would not always be “must”.
As to the point I made about NHS trusts, I fundamentally agree with those who say, “Should we not have a similarly urgent and clear response to tackling school failure?”. On too many occasions we have seen local authorities and governing bodies putting up barriers and delaying processes in order to prevent the school becoming a sponsored academy. A case in point is Uplands, which the noble Lord, Lord Addington, mentioned earlier, which has been in special measures for 22 months. The IEB was appointed by the local authority in December 2013. It considered a number of proposed sponsors, a missed opportunity for much-needed change. I first wrote to the local authority confirming that I was minded to intervene in February of this year and, after much debate and challenge, the Secretary of State was finally able to reconfirm her decision to appoint her own IEB in September of this year. This was especially needed in the light of Ofsted’s most recent inspection in June confirming that the school was not making enough progress to remove special measures under the local authority’s IEB. A sponsor match has now finally been able to be made.
Lord Nash
I am happy to introduce the noble Lord to the people involved in this because the lack of progress under the local authority was, I am afraid, extremely disappointing.
Another example of delay was the Warren school in Barking and Dagenham. The Warren was judged inadequate by Ofsted in February 2013. The governing body and the local authority were opposed to academy status and in October that year the existing governing body voted against the sponsored academy solution. When the Secretary of State decided to appoint an IEB and issue an academy order, the local authority and the governing body made an application to the High Court to prevent this from taking place. When the case finally got to court in July 2014, the judge dismissed the claim on all counts. The school finally opened as an academy in September 2014 with the Loxford Trust, some 19 months after first being judged inadequate by Ofsted.
I emphasise that although the Bill proposes to remove the formal requirement to consult on academy conversion for failing schools, parents will still have opportunities to have a say in the future of their child’s school. Once a sponsor has been identified for a school, it is in their interests to engage parents and begin to build a positive relationship with them from the outset. They will want to involve parents in their plans and seek their views on their proposed approach for bringing about improvement during the conversion process. I shall say more about engaging parents in these situations in the later group of amendments.
The noble Baroness, Lady Morris, made some points to which I would like to respond. I pay tribute to her chairmanship of the Birmingham Education Partnership. I was meeting with Sir Mike Tomlinson this morning and we were both singing her praises. Lilian Baylis is of course an outstanding school. We would be delighted for it to become an academy and a sponsor. The issue that we have, we can talk about this in more detail offline, is that the best way to get the maximum organisational benefits out of a multi-academy trust is for it to be in the same legal structure. No one can argue with that. We can go into a lot of detail on it but that is the practical reason.
As for resourcing the RSCs, I made a point on this earlier but we will be resourcing up the RSCs to cater for more work. I cannot comment on this precisely at the moment but I will be able to say quite a lot more about it once the spending review is out of the way—certainly, I hope, in time for Report.
Turning to the duty to facilitate and the power to direct, noble Lords have proposed Amendments 26 and 27, which would have the effect of removing the requirement for governing bodies and local authorities to facilitate the academy conversion of schools rated inadequate by Ofsted. However, the amendments would still result in the governing body and the local authority having to facilitate conversion in other cases, such as when an academy order is made for a school that meets the coasting definition or has not complied with a warning notice.
Amendment 26 removes the requirement for governing bodies and local authorities to facilitate the conversion of inadequate schools. However, it is precisely these schools where there is a real need to intervene quickly and turn the school around without local authorities or governing bodies blocking or delaying progress. We have seen too many instances over the past five years where conversion to academy status has been delayed through long debate and delaying tactics, such as the refusal to provide important information and reluctance to take vital decisions. One example of progress being unnecessarily delayed is the case of Beechview Primary School in Buckinghamshire. The school was first judged inadequate by Ofsted in January 2013 and, despite numerous discussions with the department, the local-authority-appointed IEB consistently refused to vote in favour of becoming a sponsored academy. A further Ofsted inspection in December 2014 rated the school inadequate for a second time, and a monitoring visit in April 2015 found that the local authority had been unable to bring about the improvements needed. The department tried to restart the conversation about sponsored academy status but the IEB remained unsupportive and went on to discuss alternative options with the local authority, including amalgamation with an infant school, as a way of avoiding sponsored academy status. However, at long last, in October 2015 the IEB voted for Sir William Borlase’s Grammar School to be its sponsor. Beechview is expected to open as an academy in 2016, more than three years since it was first judged to be failing its pupils.
To address the issue of unnecessary delays, Clause 10 will ensure that where an academy order is made in respect of a school that is eligible for intervention, the governing body of that school and the local authority must take all reasonable steps to facilitate the conversion of that school into a sponsored academy. In the majority of cases, the effects of Clause 10 should ensure that governing bodies and local authorities take the necessary actions to ensure a sponsored academy solution is in place quickly. However, Clause 11, which allows the Secretary of State to direct a governing body and local authority to take specified steps to facilitate the conversion, is necessary in the event that they are not fulfilling their duties or that more specific timescales or steps need to be set. Amendment 27 seeks to remove Clause 11 in the case of inadequate schools. It is crucial that regional schools commissioners have the benefit of the duties and powers in Clauses 10 and 11 in relation to inadequate schools. These provisions are crucial if we want to be able to strengthen our ability to deal with failure and to do so more swiftly.
Before concluding, I shall finally speak to Amendments 28 and 29, which probe Clause 12 regarding the power to revoke academy orders. In particular, they probe its purpose in relation to schools rated inadequate by Ofsted where Clause 7 has been clear that an academy order must be made. I have used this debate to reiterate the clear commitment in the Government’s manifesto that failing schools will become academies and that academy orders must therefore be made whenever a school is judged inadequate by Ofsted. There will, however, be rare circumstances where an academy order needs to be revoked. Clause 12 addresses this by inserting a new Section 5D into the Academies Act 2010. This will allow the Secretary of State to revoke any academy order issued to a school which is eligible for intervention, including in a failing school where an academy order must be made.
We envisage that in the case of failing schools there might be a very small number of exceptional cases where the Secretary of State decides that academy conversion should not be pursued. A school may, for example, prove to be unviable and closure may sadly be inevitable, or it may have gone into special measures for a very specific safeguarding issue which has been rectified. There may be other examples in future and while we expect those examples to be exceptional, it would be wrong to remove the Secretary of State’s power to revoke an academy order on any inadequate school as this amendment suggests. I therefore urge the noble Lord to withdraw his amendment.
Baroness Massey of Darwen
Will the Minister elucidate two things for me? First, I understand there is a consultation on what “coasting schools” will mean. When will that consultation be finalised, and when will we have a definition of coasting schools? Will the Bill proceed to its final stages before we have that definition? What is the state of the consultation?
Secondly, the Minister glorified, for want of a better word, the academy system. We have heard little from him about the successes of maintained schools, which the noble Baroness, Lady Pinnock, so eloquently described. Nor has he justified why a coasting school will be converted with no need for consultation. I do not understand what happens if you consult after the process; that does not seem to be consultation. A high-performing school is not required to consult. It should consult staff, parents and others who have an interest and take account of those views before entering into academy arrangements. This seems a very strange thing to do. Some people can be consulted, and some people cannot. I cannot understand why this should happen.
Lord Watson of Invergowrie
In looking at the document, that is indeed what it says. The Minister, I am sure, would expect the Bill long before then. Would he not?
Lord Watson of Invergowrie
If that is the case, if the Bill did not become law, what would apply with regard to “coasting” in the interim?
Lord Nash
The definition is in the regulations, not in the Bill. That is what we are talking about in the consultation.
Unlike failing schools, intervention on coasting schools will not be automatic, as I have said. Schools will be given time to demonstrate their capacity to improve sufficiently, either on their own or with assistance. There will already have been a dialogue, likely over quite a long period of time, about a school’s plans to bring about improvements and an opportunity to share views with parents and others. I think that I have finished. In view of what I have said, I ask the noble Lord to withdraw the amendment.
Lord Addington
My Lords, on the definition of “coasting”, I wonder how much the Treasury Bench wishes it had got that in place before we started. We have gone round that before and will probably go round it again.
Lord Addington
I know, but that is an administrative thing. We should have something in the Bill. Much of this discussion is about why we cannot have things in the Bill. That seems to be quite a good answer but I did not find that regulation.
My amendment is about what happens when an academy is coasting. If there were a reference to it, or if we knew that it would be published, this amendment would not have gone down. I did not table the amendment because I could not think of anything else to do; there are novels I could read and other activities I could do. But I had a look at this and it seemed that academies were excluded from the state of something being wrong, such as “coasting” or underachieving. Everyone else who looked at it said, “Yes, that seems to be correct”.
I hope that on Report we will get a little more definition and guidance on when these things will come through. At the moment, we are still groping around. Some things have been published—indeed, some unfinished things have been published—so we are constantly looking. I will read the document, of which I was not aware, and I may find that it addresses the point. At the moment, though, we have the idea that some schools are bad but that does not seem to apply to half or more of the schools in the country. That is totally inequitable and removes a way of intervening to help pupils. Surely a little more time needs to be given to ensuring that we can find where the information is. We are still going through consultations and the argument on the definition of “coasting” is far from over, so we need a bit more time and effort on that.
The noble Lords on my physical right presented an interesting amendment, and I am sure that we will have a discussion about that and see what we can do about it at another stage. At the moment, though, as we are in Grand Committee, I beg leave to withdraw the amendment.
Lord Nash
My Lords, the group of amendments including Amendment 19 proposed by the noble Lord, Lord Storey, and the noble Baroness, Lady Pinnock, and Amendments 20 and 22 proposed by the noble Lords, Lord Watson and Lord Hunt, and the noble Baroness, Lady Massey, focus on the involvement of parents and others in decisions where schools are underperforming as well as in decisions about the conversion of schools which are performing well. I also hope to use this debate to reiterate why Clause 8 is so fundamental and should stand part of the Bill.
Why the new and strengthened intervention powers in the Bill apply only to local authority maintained schools and not to academies features again in Amendment 22. I hope that following our debates at the first Committee session and earlier today, many of which probed our approach to failing and coasting academies, noble Lords will be reassured that regional schools commissioners already take swift and effective action where an academy is not performing well.
The other main issue raised by Amendments 20 and 22 is the involvement of parents when a school is eligible for intervention and will either be required to become an academy by virtue of being a failing school, or may be subject to an academy order or other form of intervention where it is identified as coasting or has failed to comply with a warning notice. Looking first at schools which have failed and have been judged to be inadequate by Ofsted, as I have already said, we are clear in the Bill and in our manifesto that any failing school must become an academy with the support of a sponsor. It is illogical to retain consultation on whether a school should convert when our manifesto makes it so clear that that would be the outcome.
Clause 8 is also vitally important because we want transformation to take place from day one. As I said, the Bill will ensure that the academy conversion process for such schools will be as swift as possible, not delayed through debates about whether a school should become an academy or not. That is also why Clause 8 removes the requirement for consultation on whether a school should become an academy. Maura Regan, CEO of the Carmel Education Trust, a passionate woman who noble Lords heard from at last week’s event, summarises the case better than I can. She said that the difficulty with allowing a consultation or vote about whether a school should convert to academy status is that it is like asking turkeys to vote for Christmas. The adults’ perspective will largely always be skewed or biased. Moving swiftly to transform the school is about championing the interests of the child over and above many stakeholders not able or willing to grasp the long-term wider view. I am grateful to the noble Baroness, Lady Howarth, who made similar comments last week in Committee and to the noble Lord, Lord Sutherland, who made similar comments in an earlier debate.
As I said at the outset, this is about putting children first. I know that the noble Baroness, Lady Sharp, takes objection to the words “for too long the interests of adults have stood in the way of a child’s education in circumstances where a school is failing”, but sadly events prove that to be the case time and time again. I am grateful to my noble friend Lord Deben for his very eloquent remarks. It seems that we have a fundamentally different sense of urgency on this side of the Committee compared with noble Lords on the other side. I have great respect for the noble Baroness, Lady Morris, but it is as simple as that.
Baroness Morris of Yardley
My Lords, I cannot allow that to stand. I requested in the previous debate that we did not throw that kind of remark across. I hope that the Minister would wish to put on record that no one on this side does not have a sense of urgency. If the Minister is going to do nothing while a school is converted to an academy, then shame on him because other things can be done while a discussion, a meeting with parents, takes place. The school’s hands are not tied with regard to changing the head teacher, getting someone in to help, putting challenge in and doing other things rather than converting to an academy. He might end up disagreeing with us but I hope he will not rest on the argument that it is because we are prepared to sit on our backsides while children fail. That is not the case, and I think he knows that if he thinks about it carefully.
Lord Nash
I fully accept that on both sides of the House we want to put the interests of children first. Maybe we have a different approach to doing that. I have already described to the House that once a sponsor has been identified for a failing school, sponsors will be keen to engage with parents about their plans for the school, ensuring that parents understand what will happen next and have the opportunity to share their views on the sponsor’s approach. Widnes Academy is just such an example. The performance of the predecessor maintained school, West Bank Primary School, had declined and in May 2013 it was put into special measures by Ofsted. The Innovation Enterprise Academy, a high-performing local secondary academy, was named as the sponsor for the school, and its first action was to engage with parents, pupils and staff to seek their views about how the new academy should operate.
Lord Watson of Invergowrie
But all this is after the event. He says that sponsors will be keen to engage with parents; yes, I would think they should be, but it is then too late for parents who disagreed with the decision in the first place. Why not do it the other way round?
Lord Nash
As it said in our manifesto, a school will become an academy in these circumstances.
I go back to the excellent work that the Innovation Enterprise Academy did in the case of West Bank Primary School. It had drop-in sessions at the school for parents and appointed a parent champion to the interim executive board. Parents and pupils were invited to name the new academy and design the new uniform and logo. As a result, parents were much more supportive of the school becoming an academy.
Noble Lords who attended last week’s meeting heard from Martyn Oliver, chief executive of one of our most successfully performing academy trusts, Outwood Grange. He said:
“A prospective trust does not just ride roughshod over a school and its community. Outwood Grange has a clear vision and we are passionate about engaging staff and parents on that vision. The advantage of our model is that alongside the clear vision of the trust, local governing bodies are left with more space to focus on things like engaging with the local community. Ultimately parents are happy, especially when they start to see the dramatic improvements in results for their children”.
Examples such as this show that parents will still have opportunities to have a say in the future of their children’s school if it has failed, even if there is no longer a question of whether or not a failing school should convert.
Looking at coasting schools, we debated at length last week the importance of parents being aware when their child’s school is identified as coasting so that they can then understand and challenge how the governing body and leadership team intend to improve sufficiently. As I said earlier, unlike in failing schools, intervention in coasting schools will not be automatic, and schools will be given time to demonstrate their capacity to improve sufficiently. There will therefore already have been a dialogue, likely to have taken place over a long period of time, about a school’s plans to bring about improvement and an opportunity to share views with RSCs, the community and parents before any decision for the school to become a sponsored academy is made.
As discussed, we already expect that governing bodies in schools identified as coasting would share relevant information with parents, but we have committed to consider whether there is anything further that can be included in the statutory Schools Causing Concern guidance to ensure that such engagement with parents consistently takes place.
The noble Baroness, Lady Sharp, asked about the circumstances in which governing bodies were obliged to notify parents. The legislation in this area is quite complex, depending on the status of the individual school. I am happy to write to her to explain that in some detail.
We feel confident that what parents want most is for their child to attend a school that is performing well. The Bill is all about ensuring that we have robust powers to challenge underperformance wherever it occurs, enabling us to tackle not just failing schools but now also coasting schools.
The noble Lord, Lord Watson, again referred to my tendency to talk about only academies and not schools in the maintained sector. There is an excellent example of cross-academy and local authority maintained work in the Birmingham Education Partnership, which the noble Baroness, Lady Morris, chairs. Of course we recognise that there are many excellent schools in the maintained sector, but this Bill is about failing schools. We are not here to talk about excellent maintained schools.
As for the local knowledge that regional schools commissioners have, it is excellent. I look forward to introducing the noble Lord, Lord Watson, as part of his essential due diligence on this Bill, to some of the regional schools commissioners. He can discuss with them how close they are to the coal face. I hope that he will engage with them and be very impressed. As he said, a list of RSC decisions is already published on the GOV.UK website and we are making the decision-making of RHCs and HTBs more transparent. From December, a fuller note of head teacher board meetings will be published to cover all meetings from October this year, and will contain information on the particular criteria that were considered for each decision.
I turn to Amendment 19, tabled by the noble Lord, Lord Storey, and the noble Baroness, Lady Pinnock, which relates to where a governing body is proposing that a school should convert to an academy voluntarily where it is a school that is performing well and is not eligible for intervention. The amendment proposes that rather than consulting whoever it deems appropriate, the governing body should specifically be required to consult certain persons, including parents and guardians, teaching and support staff at the school, the local authority and also itself.
The purpose of Clause 8 is to ensure that we have robust powers to take action in schools that are failing, coasting or otherwise underperforming. I want to ensure we remain focused on that very important issue. The Bill does not have any impact on schools that are performing well, but I will gladly address the amendment. As I have set out, that is why Clause 8 removes the requirement for the governing body to consult on whether a school should become an academy. It is crucial to remember that we are talking about removing consultation only in the most serious cases.
The amendment proposes that, rather than the governing body having the flexibility to consult such persons as they think appropriate in cases where they convert voluntarily, it should be specified that the governing body must consult certain people. This very matter was discussed in detail, as the noble Baroness, Lady Sharp, said, when the Academies Act 2010 was a Bill under consideration by this House, where we first introduced the prospect of schools that were performing well voluntarily converting to academy status.
Where schools are performing well, we must trust professionals to do their jobs without the unnecessary interference of central government—a fundamental principle underpinning the academies programme—and therefore it is right, as my noble friend Lord Deben said, that we leave it to those professionals to decide exactly who should be consulted on the matter of whether a good school should convert to an academy. In our view, it would not be right for us to dictate an inflexible checklist in legislation, which would not in itself ensure that consultation was any more thorough or meaningful. As my noble friend Lord Deben said, it might essentially consign some people to being second-class consultees. Having said that, we have very clear guidance to prospective converters, available on GOV.UK, setting out expectations that the consultation will include staff members and parents and should also include pupils and the wider community, but anyone with an interest can share their views.
I therefore do not believe that the amendment is necessary. The process for good schools converting to academy status is working well. In practice as opposed to theory, we have had no significant challenge or any real pressure to change the current requirements. Interest in conversion remains high: since 1 September 2014 we have received over 500 applications to become a converter academy. Converter academies continue to perform well: 2015 results show that the key stage 2 results of primary converter academies open for two or more years have improved by four percentage points since opening. Secondary converter academies continue to perform well above average, with 63.3% of pupils achieving five good GCSEs in 2015, 7.2 percentage points above the state-funded average.
While we have made the case for the need for a swifter academisation process in the case of underperforming schools, the Bill does not intend to change anything about the very successful process of converting strong schools. I hope, however, that this debate has clarified just why Clause 8 is so integral to the Bill. We still believe that sponsors and governing bodies should engage with parents about plans affecting their child’s school, and of course they do, but to mandate through legislation such consultation and what form it should take would be disproportionate and would only lead to delays in schools whose performance requires quick redress. I therefore urge noble Lords not to press their amendments and to let Clause 8 stand part of the Bill.
Lord Sutherland of Houndwood
My Lords, before the Minister sits down, I make plain that you do not have to be a member of the Conservative Party to support the Government on this one. It is interesting that he quoted two Cross-Benchers who have spoken in comparable terms. It is rather important to take account of the history of this and what people’s experience has been. We are not dealing with the best local authorities; there are good ones, but we are dealing with the others. Lastly, for the avoidance of doubt, I raised the question about the word “must”. I have been satisfied with the Minister’s reply relating to a later clause in the Bill.
Education and Adoption Bill
Lord Nash Excerpts(10 years, 4 months ago)
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Lord Lucas
My Lords, the noble Baroness, Lady Sharp, reminds me that there are some very interesting variations within schools when it comes to progress. You get schools where the bright kids make no progress at all, and those where the SEN kids fall backwards while the general level of progress in the school is good. If we are to have a measure of what constitutes coasting, there must be scope for applying it to the school community as a whole and asking for some level of consistency in performance. Not doing well, for instance, by kids on free school meals but doing well by the rest, and on average being okay, is not where this measure should be at. There should be some sense that this is meant to be consistent across the whole school community and that schools should not be boosting one section of the school community and neglecting the rest.
I have a lot of sympathy with the arguments put forward by the noble Baroness, Lady Howarth. That a school should come out of the coasting definition by cutting back on breadth should be discouraged. I can see why it should not be in the definition of coasting, but narrowing down should not be a permissible way to get out of coasting. It is so depressing, going to schools that are narrowly focused on exams. I do not do it often, but it is a grim experience.
Lastly, I will say that someone has sent me a copy of Call Me Dave. If the noble Baroness would like to throw it on the bonfire in Lewes, she can take it.
The Parliamentary Under-Secretary of State, Department for Education (Lord Nash) (Con)
My Lords, I will speak to the group containing Amendments 1, 2, 5, 7 and 9, which concern coasting schools, tabled by the noble Lords, Lord Watson, Lord Hunt and Lord Addington, and by the noble Baronesses, Lady Massey and Lady Bakewell. Before doing so, I will say that at the recent Third Reading of the Childcare Bill I wished the noble Baroness, Lady Jones, who has been the Front-Bench spokesman on education throughout my time in this job, well with her new brief. I did not realise at the time that the noble Lord, Lord Touhig, was also leaving the education Front Bench and going back to his old brief of defence, so I would like to take this opportunity to wish him all the best with his new brief. It has been a pleasure working with him.
It has also been a pleasure discussing the Education and Adoption Bill with noble Lords both on and off the Floor of the Chamber. I hope that all noble Lords who attended the meetings with regional schools commissioners, head teacher board members and multi-academy trust chief executives on Monday found it useful. It is refreshing that on the 410th anniversary of the gunpowder plot we can take comfort from the fact that we are no longer a society divided, as our country was 410 years ago, and that there is cross-party support for the central thrust and purpose of this Bill.
As this is the first group of amendments, I hope that noble Lords will permit me to remind everybody of the purpose of this legislation, which is to ensure that every child, regardless of background, has the opportunity to go to a good school. That means dealing with failure swiftly, as a day spent in a failing school for a child is a day of their education lost for ever. We made this absolutely clear in our manifesto, on the basis of which we were elected to government.
So where a school is failing, the legislation proposes that it will become an academy forthwith. Also, for the first time, and as we also stated in our manifesto, we are bringing coasting schools into scope. This is about putting children first. But we must do this in a way which is clear to all and is practicable, and I must say, as I will elaborate, I have some real concerns about the practicality of the amendments proposed to the coasting definition.
Clause 1 of the Bill gives a power to the Secretary of State to make regulations defining which schools will be deemed to be coasting, and therefore eligible for intervention. To assist noble Lords’ scrutiny of this clause, we published draft regulations in June setting out our proposed definition and have also launched a public consultation on the proposed definition. The definition provides a clear and transparent data-based approach. The policy is about identifying schools which are failing to fulfil the potential of their pupils over time. We have therefore consciously chosen to base the definition on three years’ performance data, rather than a single Ofsted judgment or a snapshot of a single year’s results. As noble Lords have said, Ofsted judgments can often be rather backward-looking, excellent though they generally are.
From 2016, primary and secondary schools will be held to account against new headline accountability measures. Given that our proposed definition looks at data over three years, under this definition it would be 2018 before schools have three years of data reflecting these new metrics. It is important that we do not wait until then to tackle coasting schools. So our draft regulations contain an interim measure for 2014 and 2015 which is based on the current headline accountability measures familiar to schools, as well as the measure that will apply from 2016 onwards. A school must be below the coasting bar across three years in order to be deemed to be coasting and to become eligible for intervention.
From 2016, the proposed coasting definition for secondary schools will be based on Progress 8. Progress 8 is a measure which has been well received by schools and head teachers. It is a robust metric, based on the progress a pupil makes in eight GCSEs when compared to pupils with the same starting point. At least five of those GCSEs have to be in English baccalaureate subjects. As the measure compares the results of pupils against those with a similar starting point in other schools, it clearly focuses on whether schools are fulfilling the potential of all their pupils and makes it an ideal metric on which to assess whether a school is coasting—and it moves away from what Tristram Hunt so accurately described as the great crime of the C/D borderline.
For primary schools, we think it is right that the coasting definition includes both an attainment and a progress element. For a primary school to be identified as coasting, it must fall below the bar on both attainment and progress in all three years. Attainment is critical for primary schools as there is an absolute standard which pupils need to reach to be able to make a successful start in secondary school. In 2016, the attainment bar for the coasting measure will be 85% of pupils meeting the new expected standard in reading, writing and maths.
Lord Knight of Weymouth
How will the progress measure account for churn in schools that have a big churn in population because of migration or Gypsy Travellers or because they are in a mobile community?
Lord Nash
I think—although I will write to the noble Lord—that it will not be calculated; they will not be in the stats, because they will not be there at the beginning.
The Bill provides that the Secretary of State will notify a school when it is coasting, and this makes the school eligible for intervention. As set out in the draft Schools Causing Concern guidance, which is currently out for consultation, regional schools commissioners will then consider whether the school has the capacity to secure sufficient improvement without formal intervention. In some cases, a school which falls within the coasting definition may have a new head teacher, governors or leadership team who can demonstrate that they have an effective plan to raise standards sufficiently. In other cases, they may be able to buddy up on a short-term basis with a nearby school and, in others, external support may be necessary from an NLE.
Where appropriate, regional schools commissioners will use their formal powers to ensure a coasting school receives the support and challenge that it needs, which may include becoming an academy. In answer to the point made by the noble Lord, Lord Knight, it is by no means certain that coasting means becoming an academy; there may be many different ways in which schools can improve. As he knows from his excellent work on the London Challenge, that could be school-to-school support. We see one of the advantages of academisation as the clear structure of school-to-school support that it can bring, but that may necessarily be on a temporary basis for a coasting school.
Amendments 1 and 2, tabled by the noble Lords, Lord Watson and Lord Hunt, and the noble Baroness, Lady Massey, and Amendment 5 tabled by the noble Lord, Lord Addington, and the noble Baroness, Lady Bakewell, propose alternative approaches to identifying and addressing schools in which pupils do not fulfil their potential. Amendment 2 gives Ofsted and the local authority responsibility for determining which schools are coasting. Amendment 5 seeks to broaden the definition to include achievement in sports and the arts and access to training, further education and the world of work. My concern with such approaches is that they remove certainty and transparency for schools; it would be unclear for any school whether it would be identified as coasting and, as such, could become eligible for intervention.
Being a teacher or a head teacher is a tough job. It is also in my view one of the most important jobs, if not the most important job, in our country at this time, given how highly geared these roles are to the future success of our country. We want to make the environment in which our teachers and head teachers operate easier, not more difficult, and more certain, not more uncertain. Our schools are inspected by Ofsted; that is right, and there is no doubt that our schools take great notice of this. But there is already enough uncertainty in the minds of our teachers and head teachers as to how their school will be rated by Ofsted without adding to that uncertainty and, yes, anxiety, by adding a vague coasting definition by which they are measured. I am grateful to the noble Baroness, Lady Morgan, for her observations on this issue.
We have chosen to base our proposed coasting definition on published performance data precisely so that schools can easily understand whether their performance will equate to them being identified as coasting. Under our proposed approach, many schools can already be reassured that their 2014 and 2015 performance means that they will not be deemed to be coasting when—looking at three years of data, as we propose—we identify coasting schools for the first time in 2016. Such a certain, data-driven approach has been welcomed by many school leaders and organisations representing them. For example, the chief executive of Outward Grange Academies Trust has said that he welcomes the definition,
“in particular the fact that it is based on performance data not Ofsted and the fact that it is measurable every year and compares performance at similar schools over time”.
Lord Addington
My Lords, if the primary definition here is based on academic achievement, where does it place other objectives that come through schools? I have spent a lot of time on the school sport strategy. It consults; it goes through; it gives duties; it relates to other bits of government. If you remove a certain aspect of a school’s activity from any reference, why do we bother making any references at all?
Lord Nash
The reason why it is so important in primary—and it is again based on pupils making the right levels of progress—is the sad statistic that if you get better than level 4 at key stage 2 at primary, you have a more-than-90% chance of getting five good GCSEs; but if you get worse than level 4 at key stage 2 at primary, you have a 6% chance. We all get fixated on GCSE results, but the real work has to start in primary.
Baroness Massey of Darwen
My Lords, I fully appreciate what the Minister says about clarity and transparency, but going back to the point made earlier by the noble Baroness, Lady Howarth, surely a reference to the “broad and balanced curriculum”, which is in an Education Act somewhere, would be helpful. I do not want a list of things that should be tested or referred to, but I would like some reference to the broader curriculum, which supports the academic curriculum. What is this consultation about if the Government are so sure that this is the right definition? I wonder whether the Minister could take that into consideration. I do not want a list; I want a rounded, broad and balanced curriculum.
Lord Nash
Of course, Ofsted is focused heavily on a broad and balanced curriculum. As the noble Baroness, Lady Morgan, said, schools that are good at sports, arts et cetera tend to do well on all fronts, but how on earth will teachers know where they are if we have a form of words which could, frankly, mean anything? I shall say a bit more about that in a minute.
The chief executive of the Burnt Mill Academy Trust, who was at the meeting on Monday—a very interesting lady called Helena Mills, who was extremely unsure about the whole academy idea in the early days and is now running a highly successful multi-academy trust and talks glowingly about the advantages—has said that,
“having a coasting definition which is based on performance over time, rather than snapshot judgement is really important”.
The chief executive of Olympus Academy Trust has said that,
“a school’s context should certainly be taken into account when an RSC is deciding whether, and how, to act in a coasting school. But to add factors about a school’s context or judgements about a school’s arts and sports provision into the coasting definition itself would make the definition too complex, subjective and ineffective”.
That is the thrust of our argument.
At a recent meeting of the All-Party Parliamentary Group for Education, Dame Vicki Paterson, the executive head of Brindishe Schools, a federation of three maintained primary schools, also welcomed the notion of coasting. She said that it was positive that the coasting schools definition would take into account school performance over three years and, for primary, be based both on progress and attainment. At the same meeting, a representative from the Association of School and College Leaders reported that her organisation was pleased that the coasting definition would be a separate judgment from those made by Ofsted.
Critically, both Amendment 2 and Amendment 5 would move away from a concentrated focus on those schools where data show that they are failing to fulfil the potential of their pupils. We know that the outcomes reflected in performance data really matter. Our latest results show, as I said, that key stage 2 results are so important.
Of course, other aspects, such as those outlined in these amendments, are important. Ofsted already looks at a wide range of factors in forming its judgments, including how well prepared pupils are for training and employment; the use of the PE and sports premium; and the delivery of a broad and balanced curriculum. But intervention in coasting schools will not be automatic. The draft Schools Causing Concern guidance, which is currently out for consultation, is clear that while data will allow us to determine which schools fall within the coasting definition, RSCs will use Ofsted judgments, as well as a range of other factors, including those referred to in Amendment 2, to help inform their decisions about a school’s capacity to improve sufficiently. We have been clear that that list is not exhaustive, but the guidance already explicitly mentions factors such as the performance of disadvantaged pupils, the gender balance of the school, and pupils with special educational needs.
Baroness Morgan of Huyton
The Minister has just outlined that the RSCs will take account of Ofsted judgments. Perhaps it would be helpful, rather than adding to the complexity of the definition of coasting, if the Minister was able to at least consider putting somewhere in the regulations that there will actually be a dialogue with Ofsted. One of the things that possibly is missing is that an Ofsted judgment might be quite old but because Ofsted has a regional structure, there may be some much more up-to-date information. People may have been in and out of schools without formally making judgments. That might be helpful in order to take account of the broader issues that have been raised.
Lord Nash
I assure the noble Baroness that dialogue with Ofsted does take place. I know that at least one regional schools commissioner shares an office with, or is in the same building as, the Ofsted regional schools team. I know that these dialogues take place regularly and I am sure no regional schools commissioner would intervene without talking to Ofsted, so that is something we can consider.
The noble Lord, Lord Watson, made a number of points about the information we have provided and when. We wrote to all Peers to inform them that the consultation on the coasting definition and the Schools Causing Concern guidance had been launched, as well as inviting noble Lords to the meeting on Monday that I have mentioned. I have also replied to the Constitution Committee, explaining my approach to coasting and why the Bill reflects maximum devolution. It is a pity that only one opposition Peer made it to the event on Monday.
The consultation that the noble Lord, Lord Watson, referred to remains open, as he said, until 18 December. We first published illustrative regulations setting out the coasting definition in June, and the Minister for Schools made it clear that the model funding agreement had been amended in the other place; I referred to this at Second Reading. The model funding agreement that the noble Lord referred to has been in operation since September. The noble Lord is correct that this will apply only once this Bill receives Royal Assent but I am sure he will support the fact that we sought to amend the model funding agreement at the earliest possible opportunity and are now being clear with the regional schools commissioners that they will identify and challenge any academy whose performance falls within the coasting definition, whatever the terms of its funding agreement.
I greatly enjoyed listening to the noble Baroness, Lady Massey, and I am interested to hear that she is going to Lewes this evening. I remember there used to be a racecourse at Lewes which was rather oddly shaped. It was just a semicircle; it did not go all the way round. Sadly, I think it is now closed. In my younger days, I had a friend who was a stable lad and he was leading a horse round the ring. It was a National Hunt race and this horse had a hood on its head, which is most unusual in National Hunt, as I am sure the noble Baroness knows, so I asked him why. He said, “Well, it runs very well on the gallops but it does not seem to run very well in races so we concluded that maybe it does not like being around other horses, so we stuff its ears full of cotton wool and hope for the best”. We all got behind it and it won at 20-1 so I hope the noble Baroness has as happy a time this evening as I did then.
Baroness Massey of Darwen
I have to tell the noble Lord that the jockeys from that racecourse used to wine and dine at the pub which is now the house I live in.
Lord Nash
I knew the noble Baroness and I had a lot in common and now we have even more. As she knows, I agree with just about everything she had to say about what a proper education means, the importance of social skills, et cetera. As I have made clear, we just do not think it is right to put this in the definition, but regional schools commissioners, who are extremely experienced, will take this into account in their analysis. If any noble Lord who was not able to be there on Monday would like to meet any RSCs or any members of the head teacher boards, I would be delighted to set up another conversation about this. The noble Baroness talked about teachers’ stress levels. As I have said, I am genuinely fearful that having an uncertain, vague definition will just add to teachers’ stress levels, and I am sure we are all anxious to avoid that.
Lord Addington
My Lords, we are at the point of clarification and probing here, and sport is just an example. This is about the whole-school approach. What we are getting at is that academic achievement is the driver here. If the academic overrides everything, we are in danger of changing the character of an achieving school that is very successful in a different area. How does that get taken into account? It does not seem to be something that is taken into account when looking at academic progress, which is dominating this. Some more guidance there would help.
Lord Nash
We should discuss this and I am very happy to do that. It is taken into account by Ofsted and will be taken into account by the regional schools commissioners. All good schools have a broad approach because they know how it pays back in academic results. However, in terms of having a metric which is clear and assessable, we believe that our approach is the correct one.
As my noble friend Lady Perry said, the speech of the noble Baroness, Lady Morgan, was based on practical common sense. As a former chairman of Ofsted, chairman of the Future Leaders Trust and adviser to Ark, she is of course hugely experienced. Her practical experience—instead of theoretical analysis—was extremely helpful. I am grateful for her thoughts and her point that the definitions proposed in the amendments are just too complicated. She also made the point that good schools tend to provide a broad and balanced curriculum anyway. She is right that our new progress data are so much more robust, as the noble Lord, Lord Knight, said. I am also grateful for the noble Baroness’s comments about RSCs. We will be resourcing them up substantially over the next year, and I will be able to say more about this once the spending review has finished. I am grateful for the noble Baroness’s comments. As she said, Ofsted of course takes a lot of these issues into account.
The noble Baroness, Lady Howarth, commented on the importance of leadership. Ofsted focuses on this heavily, which is the reason why we reduced the Ofsted categories down to four, one of which is leadership. We focus on that substantially. The noble Baroness, Lady Sharp, also talked about the importance of leadership. I could not agree more. This is the most important issue facing us in schools, and we have an active programme of leadership in our schools. We are currently looking at all our leadership programmes to see whether they are fit for purpose, and have recently introduced a new leadership programme, the Future Leaders Trust MAT CEO course, for chief executives of MATs. We are very focused on making sure that our leadership training is adequate. We have had a lot of sessions with different regional schools commissioners, bringing in the top-performing MATs to explain to the newer MATs how they operate their organisations. There has been a huge amount of sharing of good practice.
The noble Lord, Lord Knight, made a number of comments. When he mentioned his involvement with TES, I was reminded that I had my first interview with TES last week. I am rather naive on the political front, as you know, and I made the mistake of saying that if we are to have enough schools in future, we would have to get away from the concept that they all had to be on one or two floors. That resulted in a headline—not in the noble Lord’s paper, but in another one—that I was advocating skyscraper schools. That shows how naive I am on these matters; I should stay away from journalists as much as possible.
We will be setting up a competition, called the Knight competition, for renaming RSCs, so that the noble Lord does not get confused with the Royal Shakespeare Company in future. It will apply to grammars, I assure him of that. This definition is very focused on schools that appear to be doing well but are in fact coasting. In fact, some of the original thinking behind this was aimed very much at those apparently high-performing schools. From 2016 onwards, the secondary coasting definition will be based on the new headline accountability measure. Over three years, it will be the only measure that we look at. It is very robust, and will measure the progress of all pupils in the school. That will include a grammar school with a high attaining cohort making less good progress than such pupils should be making.
Baroness Sharp of Guildford
The Minister said that the programme is going to be very focused on high-performing schools. Can he tell us how that will be?
Baroness Sharp of Guildford
If I may say so, high-performing schools achieve the five A* to C grades perfectly easily and will do the EBacc perfectly easily. It is the progress measure that is going to be absolutely crucial here. What is really required is for more weight to be given to the progress measure than to the performance measure.
Lord Nash
The noble Baroness is completely right. I have not made myself clear. The progress measure comes in for the first time in 2016. The coasting definition is based over three years. Therefore, for the first year that the coasting definition applies, it can only have the progress measure in for one year, which is why we have these interim measures for 2014 and 2015. In 2018, however, it will all be entirely based on three years’ progress—so we will be entirely focused on progress in secondary schools.
Lord Lucas
My Lords, that is not the way the draft reads. It says: if fewer than 60% of school pupils achieve five A* to C grades, including English and maths, and the school has a below median score on progress. To fit in with what the noble Lord is saying, that “and” ought to be “or”.
Lord Nash
It applies only to 2014 and 2015—and if it is not clear, we will make it clear in the future.
Amendment 5 requires draft regulations to be laid before and approved by each House before they can be made or updated. I hope that the noble Lord, Lord Addington, and the noble Baroness, Lady Bakewell, will allow me to discuss this important element of the amendment when we reach Amendment 8, which proposes exactly the same approach.
Amendments 2 and 9 propose that academies, alongside maintained schools, would become eligible for intervention, and, in the case of Amendment 2, subject to the statutory intervention powers in the Education and Inspections Act 2006, when notified by Ofsted that they are schools where pupils do not fulfil their potential.
I agree that coasting schools must be tackled—whether it is a maintained school or an academy. But academies are not governed by the statutory framework that this Bill seeks to amend. They are run by charitable companies—academy trusts—which operate in accordance with the terms of individual funding agreements between the academy trust and the Secretary of State. We have already published a new coasting clause for the model funding agreement, as I have said. But I want to reassure the House again that, even where academies do not have this specific clause in their existing funding agreement, regional schools commissioners will assess all academies against the coasting definition. Where academies are identified as coasting, RSCs will assess their capacity to improve sufficiently in just the same way as maintained schools, supporting and challenging them to improve and taking action under their funding agreements where necessary.
RSCs have already shown that they take effective action when academies underperform. Since 1 September 2014, when RSCs came into post, they have issued 58 prewarning and warning notices to academy and free school trusts. In the same period, they have moved 83 academies and free schools to new trusts or sponsors, compared to 13 in the previous academic year.
Amendment 2 would remove the Secretary of State’s power to issue an academy order for a school that has been notified that it is a school in which pupils do not fulfil their potential. While some coasting schools may choose to become academies in order to benefit from the strong governance and support of a multi-academy trust, we have been clear, as I said, that enforced academisation will not be the default solution for all coasting schools. RSCs will want to consider whether a coasting school has demonstrated that it has the capacity to improve sufficiently on its own, and in some cases this capacity will be evident, or it may need advice and support, for example from an NLE, and that may be sufficient to bring about the required improvements.
It is important that RSCs have the discretion to make an academy order where it is clear that a school’s leadership does not have the capacity to improve sufficiently and where the school needs the support of an experienced sponsor in order to fulfil the potential of the pupils. We know that sponsors can bring new life to schools. For example, the City Academy Whitehawk in Brighton and Hove opened in September 2013. The year prior to its becoming an academy, only 39% of pupils achieved level 4 or above in reading, writing and maths at the end of key stage 2. By 2015, the provisional figure has increased to 75%. It would not be right to deny coasting schools this support where it is appropriate.
Amendment 7 would provide the governing body of a maintained school with a right of appeal to the First-tier Tribunal when it considers that the data used to define a school as coasting could have been interpreted in a different way. This amendment is unnecessary. Our clear and transparent data-based definition will not be open to interpretation. Schools will be certain, based on the data, whether they have fallen below the coasting bar or not, but regional schools commissioners are already required by virtue of public law to act reasonably in exercising the Secretary of State’s powers. As I said, they will work with schools to consider all the relevant factors when deciding what action to take.
The draft Schools Causing Concern guidance already includes a number of examples of the type of factors they should consider. As I said, we have been clear that intervention in coasting schools will not be automatic. Nick Capstick, the CEO of the White Horse Federation outlined this clearly when he said:
“It is right that the coasting definition is based on transparent performance measures. It is then clear-cut for schools whether they fall within the coasting definition or not. The majority of schools will therefore be able to carry on free from fear that they suddenly and unexpectedly be judged as coasting”.
I know that noble Lords support our ambition to ensure that all pupils, whatever their background, receive an education that enables them to fulfil their potential. I hope that, following this debate and having seen the detail behind our coasting policy—alongside the proposed coasting definition set out in our recent consultation—noble Lords will be reassured that our approach is the right one.
Lord Knight of Weymouth
Will the department record the interventions made as they are made on coasting schools against the different categories the noble Lord described earlier, so that there is a dataset that we can then interrogate to understand in practice as it rolls out how that balance plays out?
Lord Lucas
My Lords, despite my noble friend’s fine efforts, I have been unable to torture the words of the draft definition of coasting into the form that he says they take. It is quite clear from the wording here that, taking GCSE as an example, you have to fall below 60% five A to Cs to be considered coasting. It is therefore impossible for any grammar school, however lackadaisical in its teaching, to be considered a coasting school. That is a fundamental fault in the Government’s approach. It is very important that those schools and others which are lucky in their selection of pupils should be eligible for coasting.
Lord Lucas
My Lords, the Minister is already writing me a letter full of statistics, so I hope that he can include that matter. I am comfortable that he says that a grammar school will be eligible, but I would be very grateful if he could make it clear to me how, given the wording in the draft.
Baroness Sharp of Guildford
Will the Minister send the letter round to everybody who has participated in the debate?
Lord Watson of Invergowrie
My Lords, I thank all noble Lords who have contributed to an excellent and very informed debate. At Second Reading, two weeks ago, I commented on the fact that sitting behind me were two Secretaries of State for Education and a former Minister for Schools. Today we have had another former Minister for Schools and a head of Ofsted, so we have had impressive depth in our debate, which has shown in the contributions of those noble Lords and of others who have participated.
The noble Baroness, Lady Massey, the noble Lord, Lord Addington, and the noble Baroness, Lady Morgan, made the point that there needs to be a more rounded definition of what should contribute to how a school may be categorised as coasting. I enjoyed the contribution of the noble Lord, Lord Moynihan, who had to leave for very sound reasons. It is not the first time that he has been involved in a debate looking at sport and education. The last Bill in which I was involved was the Charities Bill. He got involved in that, to some effect, to ensure that independent schools are obliged as charities to make available their sporting and arts facilities, as well as their teaching resources, to maintained schools. He was very effective in that, and I am sure that what he says on any aspect of sport, particularly with regard to education, is listened to with great interest. As he was until quite recently the head of the British Olympic Association, I wonder whether he has enough time on his hands now to cast his eyes rather more widely and, perhaps, look at the job that has become available at the head of the international football organisation, FIFA. I would certainly like to see him enter those portals—it would shake up quite a few people and I am sure he would quickly sort it out. But that is something for the future, and I hope that he will participate in another sitting of the Committee.
The more rounded definition is important. The noble Lord, Lord Addington, talked quite tellingly about outcomes. We hear a lot about inputs and outputs, but it is outcomes that really matter, particularly in schools but also in sporting terms. I liked the noble Lord’s mention of the fact that, ultimately, it is not trophies that count but participation levels. That is a point that I subscribe to very strongly. It seems odd that the Minister said, if I quote him correctly, that he was not in favour of broadening the concept of coasting because it would remove certainty and transparency about what constitutes coasting. I do not see why that should be the case. Surely, it is about setting down criteria clearly, and making it known and making it clear that not every school can be measured against the same criteria at the same time. There are some schools that excel in different subjects—that is natural—and I do not see how broadening it necessarily has to weaken any kind of definition.
My noble friend Lady Morgan talked about schools that were floating along despite good SATs and exam results. I am sure that there are quite a few of those, and floating might be a better term than coasting, although there is not that much difference. But the quick progress that schools make is the key here. I do not want anybody to get the impression that Labour is in any way opposed to the concept of coasting: it is not the concept but the term that we have objected to. That may seem perverse in some circles given that I think the Labour Government were the first to use the term, in 2009, although it had a slightly different meaning. It is about the concept rather than the terminology.
A number of noble Lords mentioned resources. The question of whether additional pressure is put on head teachers, as my noble friend Lady Morgan said, is an important one. The vast majority of head teachers work very hard for very long hours, and the inspiration that they provide for their teachers and indeed their pupils is almost always a deciding factor in how successful a school is. However, I have to say that I disagree with my noble friend when she says she does not want to put extra pressure on head teachers, because if a school is in a position where it is not progressing, I would have thought that a head teacher who knows that that is the case would not be satisfied. Otherwise, that should set lights flashing not only at Ofsted but among parents and indeed school governors. So to some extent we have to balance the pressure that we expect head teachers to be under against the point at which that crosses a line and the first thought in the head teacher’s mind is, “I just can’t go on like this; it’s just too much”, whether as a result of pressure from the bureaucracy, as we hear has been an issue, or whatever. If the pressure becomes too much, you can understand that head teachers have a limit. We have to bear that in mind when it comes to using the word coasting because, as I said, it has a pejorative sound to it that does not necessarily suggest to teachers or head teachers that what they have done has been adequately recognised.
I also noted the point from the noble Lord, Lord Lucas, that coasting is a relative measure. Of course it is, but whether we should cast the net wider in trying to find a proper definition for coasting and a proper way to measure it effectively, while bringing schools into a position where they can improve, is difficult to say at this stage. Perhaps the consultation that is under way will provide some clarity on this. I certainly hope so.
The noble Baroness, Lady Sharp, talked about a cadre of heads, which is interesting. The pressure that I just referred to on some head teachers and indeed on classroom teachers, because of the amount of bureaucracy that they are obliged to deal with these days, is not necessarily something that will encourage people either to go into teaching or to stay there for too long. That is something that we have to look at. Of course it comes back to resources, but it is also an issue that we have to address in terms of the overall performance of the school.
In response to the Minister, I have to start off with two apologies. The first is that if indeed he did write to all Peers on 21 October with the consultation document, I apologise; for some reason it did not reach me. I would not have made that comment if it had. The second is that last Monday I was in transit from Scotland and could not come to the meeting with the regional schools commissioners. I would have liked to have been there because I would have liked to have had a much greater understanding of just what it is that they do, so perhaps we can look at that at some time in the future.
Lord Watson of Invergowrie
I thank the Minister for that. I referred earlier to the fact that he talked about the need for certainty and transparency, which is why he is minded to reject these amendments. At a stage like this, when we are dealing with a dearth of teachers coming into the profession or indeed staying in it, there has to be some feeling that teachers themselves are valued more than they appear to be at the moment. This kind of legislation, in which, as I said at Second Reading, there is no mention of teachers, is not designed to show that they are valued in that way. That is unfortunate.
The Minister talked about the Constitution Committee and his reply to its suggestion that the term coasting was vaguely defined. Will the Minister furnish the Committee with his response to the Constitution Committee? That would be very valuable when it comes to increasing our understanding of how he sees the comments of that important committee.
The main issue here is that schools that for whatever reason are not doing as well as they might should improve. I cannot imagine that anyone does not want to see that happen. I certainly want to see it happen, but it is a question of how we do it. I am a firm believer in carrying people with you, which is why I am opposed to the nature of this and other aspects of the Bill where the Government are determined to have their way without consultation or taking people with them. Saying, “We know best—this is what must happen”, is not a means by which you improve anything. You have to win people to your arguments and make them part of the solution. These particular aspects of the Bill are not designed to do that. We will be looking at other aspects of the Bill later today and indeed on Tuesday, which I look forward to. I beg leave to withdraw the amendment.
Lord Addington
My Lords, I support the noble Lord, Lord Hunt, primarily because, having looked at the end of my Amendment 5 and the end of Amendment 8, we have the same last 13 words. Basically, there is not much between us on this. A lot of the debate has been on the fact that we just do not quite know what we are getting into. If this is going to change and the Secretary of State or a Minister is going to change their mind, we have to know, or we are not doing our jobs. We are utterly irrelevant if we do not insist on knowing. I hope that the Minister will be able to accept this amendment, or something like it, in the course of the day. There is no reason not to do it. There is a great deal of confusion, which I know he is doing his best to sort out; there is also disagreement. There should be a way in which we can input into this system as it changes and develops because, undoubtedly, it will as it goes on.
To echo others—indeed, they echoed what I said at Second Reading about not going to an all-academy status or something like it—we will always have discussions about this while we have this death of a thousand cuts or piecemeal change, call it what you like. We have got to know what we are dealing with. These amendments would be one way to make sure that we do.
Lord Nash
My Lords, I shall speak to Amendments 3 and 8 tabled by the noble Lords, Lord Watson and Lord Hunt, and the noble Baroness, Lady Massey. As I promised earlier, I will also cover the similar element of Amendment 5 relating to the coasting regulations from the noble Lord, Lord Addington, and the noble Baroness, Lady Bakewell. Amendment 3 seeks to place a duty on the Secretary of State to make regulations setting out the definition of coasting. This goes beyond the current power in Clause 1, which provides that the Secretary of State may by regulations define what coasting means in relation to a school.
We have been very clear that we intend to make such regulations. In June, we provided an indicative set of regulations to Parliament for scrutiny. Last month we launched a public consultation on our overall approach to coasting and the detail of the definition set out in the draft regulations. I can reassure the House that our intention has always been that regulations will be made but I appreciate that, with this amendment being laid in this House as well as in the other place, there continues to be concern that regulations will not always be made. I have reiterated the Government’s commitment to making regulations today but will also reflect before Report on whether the primary legislation should be more explicit on this point.
Amendments 5 and 8 seek to ensure that the regulations defining coasting are subject to the affirmative resolution procedure each time the regulations are changed. As I have said, we published comprehensive draft regulations in June so that Parliament could understand and scrutinise our proposed approach. From these draft regulations, the House will be aware that the proposed approach relies heavily on references to the department’s performance tables which capture schools’ performance data, as well as defining the specific coasting bar which applies in each year.
Results for primary and secondary schools are published at two different points each year, which might necessitate changes to the regulations as national performance standards change. The performance tables are also technical in nature and so, if minor changes are made to their layout or content, this may also necessitate minor, consequential amendments to regulations. A change as small as a revision to a column heading in the performance tables would require a change to the regulations. Similarly, if the department were to change or merely update the published guidance regarding the calculation of Progress 8, for example, the regulations would again need to be updated. Requiring the consent of both Houses each time such changes were needed would seem an excessive use of Parliament’s time. We already publicly consult, however, when significant changes are made to accountability systems—for instance, as we did on the new measures coming in in 2016. I reassure noble Lords that, if major changes to the accountability system underpinning the coasting definition were proposed, such public consultation would therefore happen again.
I hope that, having seen the detailed illustrative regulations, as well as hearing my explanations today, Peers will understand why it would be very difficult to subject the regulations to the affirmative procedure each time a change is needed. I do, however, appreciate the concern of noble Lords who have tabled these amendments, as well as the concern of the Delegated Powers and Regulatory Reform Committee that due process should be followed. I will therefore reflect if there are any further reassurances that I can make on this point at Report. I hope that I have been able to assure noble Lords that we take their concerns very seriously, and I therefore urge the noble Lord to withdraw his amendment.
Lord Hunt of Kings Heath
I am grateful to the Minister for that response; he said that he would consider this between Committee and Report. My reading is that if he is not in the end prepared to accept the amendment, regulations will still have to go through both Houses. The difference is that if they are negative, in the Commons, you need a large number of MPs to say that they want a debate on it; in this House, only one Member can lay down a Prayer, and then there has to be a debate. So I do not really get that argument at all; one way or another, it has to go through both Houses. The issue here is that, by being affirmative, there has to be a debate and it is flagged up, because it appears on the Order Paper.
This is important stuff, and I doubt that the department will want to change the criteria all the time, for the very reason the Minister mentioned, about giving certainty to heads, which I understand fully. It is clearly so important that the affirmative procedure should apply. The Delegated Powers Committee does not say that lightly; it only says so if it thinks it needs to be sure that it is properly debated every time. However, I am grateful to the Minister for his response, and I beg leave to withdraw the amendment.
Lord Watson of Invergowrie
My Lords, Amendment 4 touches on an issue that I dare say will be explored in greater depth when we come to consider amendments to Clause 8. For the moment, this is an appropriate place to highlight the fact that the Bill removes parental rights in almost every clause. Schools are deeply rooted in their communities. Parents and other stakeholders need to be—and, I would argue, have a fundamental right to be—fully engaged in decisions that affect their children’s education. Fast-tracking the process of academisation and removing any discussion with head teachers, teachers, support staff or parents about any of the classification as coasting or the decision to become an academy are short-sighted moves that are likely to breed mistrust and resentment. I cannot understand why the Minister thinks it appropriate to disfranchise parents in this way.
I was going to put a question directly to the Minister. I do not normally regard it appropriate to indulge in questions of a personal nature, and it is not my habit to do so, but the Minister personalised the debate on Second Reading to some extent when he referred more than once to his involvement with Pimlico School. I have no problem with that; it is perfectly legitimate in illustrating his point, so I trust that he will allow me to do the same on this occasion. My son attends a maintained school in London. Why does the Minister think that I, as a parent, should have absolutely no right to even as much as comment, far less express an opinion, should a proposal be made to classify my son’s school—I trust there is no sign of that happening—as “coasting”, or worse, to take steps to remove the school from maintained status to become an academy? I am more than willing to sit down and enable the Minister to answer that specific question as to why he feels that it is appropriate to disenfranchise me, my wife, and, indeed, millions of parents throughout the country on the rather important question of the type of school that my son should attend.
Lord Nash
We had some banter on the floor of the House on the question of democracy. The democracy in this is that it was clearly in our manifesto and in the Queen’s Speech, when a school reaches a certain point it is not in the interests of the pupils in that school. I said in my opening remarks that we must put children first. The democracy is that we have been elected to enact this legislation—but, of course, as we have discussed, coasting will take place over a long period of time. It is not a sudden event. Schools commissioners will give coasting schools time to uncoast, if that is a word. There will be plenty of time for parents to be fully aware and informed of what is going on. I do not think that it is quite the dramatic event that it might sometimes be portrayed as.
Lord Watson of Invergowrie
I have to say that a number of people I have spoken to were concerned by the Minister’s comment on Second Reading that,
“democracy can be suspended where it is in the interests of the children”.—[Official Report, 20/10/15; col. 634.]
In what other situations can it perhaps be suspended? The fact that it was a general commitment in a manifesto does not mean that parents should be disenfranchised in this way. It is indicative of a frankly rather authoritarian approach that the Government have begun to exhibit in not just this Bill but others currently going through Parliament. That is a worrying trend.
Amendments such as this should not be necessary in an education Bill in an advanced democracy, yet we find that they are. I warrant that the Minister will say again why he is unable to accept it. It is not a good enough reason to give that some people, in exercising their democratic rights, may slow down the process. We are dealing with a very important issue. Yes, of course, the education of children is important, and any day lost cannot be regained, to echo the Minister’s remarks on the previous group of amendments. Yes, that is true, but at the same time wider issues have to be considered on the behalf of children themselves. They cannot speak for themselves. Parents, governors and local authorities have views that should be fully taken into account. As the Bill stands, that will not happen. I believe that the Minister’s argument lacks any form of intellectual rigour because it undermines the hard-won and long-held democratic traditions of this country.
I have very real concerns about the curtailment of rights and responsibilities of governors in respect of the schools for which they have legal responsibility. Consultation with local stakeholders before a school is classified as coasting or becomes an academy is an essential part of community engagement—a concept that I believe the Government should embrace, not repel. I beg to move.
Baroness Sharp of Guildford
My Lords, this amendment picks up an issue which we Liberal Democrats have been worried about for some time: accountability for academy trusts and academy chains, and what happens when an academy is put into special measures or, as in this case, fails to make the progress that one would expect over the three-year period.
I know that the Minister will reel off statistics and examples of how good academies are and how much they achieve, but he must admit that, looking at the picture overall, now that we have academies of 10 years’ standing and many of four to five years’ standing, the record is that the probability of an academy not performing as well as we might expect is just as high as for local authority schools, and that the record of local authority intervention in turning around failing schools is just as good as academisation. In its statistics report, his own department shows the same range of performance across academy chains as with local authorities.
I know that the Minister will protest that local authorities do not intervene when they should and that this legislation is a necessary wake-up call to them. But if he is maintaining, as he does, that no child should have to put up with less than a good education for a year or so, it is only right that the principle should apply to academies as much as to local authority schools.
This clause is the mirror image of the one applying to maintained schools at the beginning of this Bill, explaining how the local authority, now the Secretary of State, can give a warning notice to an academy and requires, under new subsection (4B), those in charge of academies to take remedial action, and the local authority or the Secretary of State to do so if the academy fails to take that action. It also requires that the funding agreement should be amended appropriately.
I find myself very much in agreement with the noble Lord, Lord Knight, on this issue. Now that we have got such a large number of academies, it seems extraordinary that we have to negotiate separate funding agreements with every single one. One of the reasons why we have education Bills and Acts is in order that all schools should obey the same set of regulations. It seems extraordinary that when you have thousands of schools having to obey the same set of regulations, you have to negotiate separate funding agreements. It is about time that the Government made up their mind on what they want to do. We have quite a lot of sympathy with the general principle of this amendment, which is that academies should be treated on a par with maintained schools.
Lord Nash
My Lords, I speak to Amendment 10 regarding the extension of local authority warning notices to academies. The amendment proposes that academies as well as maintained schools should be subject to performance standards and safety warning notices given by a local authority. They would be able to be given on the same grounds as they can already be given to maintained schools; that is, where pupil standards are unacceptably low and likely to remain so, where there has been a serious breakdown in management or governance that is prejudicing or likely to prejudice standards or performance, or where the safety of staff or pupils is threatened. The amendment provides for academy arrangements to include a duty on academy sponsors to comply with such a warning notice given by the local authority. This would apply retrospectively to academies that are already open.
While I completely understand the noble Lord’s intention to ensure that academies and maintained schools are all subject to a rigorous accountability framework, I can reassure the House that academy trusts are already answerable to regional schools commissioners via a different system based on funding agreements with the Secretary of State which apply the same grounds for action as are set out in this amendment; namely, underperformance, concerns about management or governance, or threats to safety. Academies are run by charitable companies, known as academy trusts, which enter into a contractual relationship with the Secretary of State through the signing of a funding agreement. It is this agreement that governs how an academy will operate and how the Secretary of State will hold it to account for its performance.
I assure the Committee that regional schools commissioners do hold academies to account against the grounds set out in their funding agreements. We have the power, via these funding agreements, to issue formal notices and can and do ultimately terminate funding agreements or bring about a change in sponsorship where the notices are not complied with, as we have done in 100 cases. The vast majority of the over 5,300 open academies and free schools perform well. In the small number where we have concerns, RSCs have already shown they can act quickly to bring about improvements.
Since September 2014 when RSCs first took up post they have issued 58 formal notices to academy and free school trusts, many of which will be based on exactly the same grounds that the noble Lords are proposing additionally to impose via this amendment; that is, 58 formal notices in just over a year, which can be contrasted with 51 local authorities, one-third of all local authorities, which since 2010 have not issued a single warning notice. I am afraid that I do not share the confidence of the noble Lord, Lord Watson, or the noble Baroness, Lady Sharp, in local authorities in general, although I accept that there are many excellent ones out there.
Our experience of issuing warning notices to academies is that they are highly effective in driving up standards. One good example is Benjamin Adlard Primary School.
Baroness Sharp of Guildford
If they are going to apply the same standards to academies, why is that not in the Bill?
Lord Addington
My Lords, my Amendment 16 addresses this later on. We might even be able to kill two birds with one stone.
Lord Nash
We may bring this up again in Amendment 16, but I cannot really say more than I have already. I was about to give an example of a very successful academy. I shall move on but will address the point made by the noble Lord, Lord Watson, about Ofsted results for academies and local authority maintained schools. As I tried to explain at Second Reading in relation to Ofsted ratings, over the last five years—or less than that—we have taken more than 1,300 failing schools off local authorities and turned them into academies. That is clearly why there are many more schools rated as failing among the more limited number of academies than there are among local authority schools, because we have dealt with the matter in that way. I am sure we will return to this, but I reiterate our belief that regional schools commissioners are driving up standards and issuing warning notices much more stringently than many local authorities. Following this discussion, I hope that the noble Lord will feel able to withdraw his amendment.
Lord Watson of Invergowrie
The first thing that I have to say to the Minister is that I am amazed at his comment about the Ofsted figures. He says they have turned 1,300 schools that were deemed to be failing in the maintained sector into academies and a large number of them are still failing. That seems to be what he is saying, and, in a sense, that was my point. I do not take any pleasure in saying that, but the figures do not lie.
Lord Watson of Invergowrie
I cannot imagine that they would be inspected that soon. If they have been moved into, effectively, special measures—special measures in this case meaning becoming an academy—of course it is going to take time. However, if that is included in the Ofsted figures—I would like to see the figures in more detail—that gives a distorted picture. The idea is that schools improve with academy status, but that is not the pattern to anything like the extent that the Government like to suggest.
In response to the Minister’s comments, I note what he says about 58 formal notices being issued to academies in the past year since the regional schools commissioners took up their posts. My question on how those decisions are arrived at returns to the point I made in introducing this amendment. Where does the local intel come from that informs those kinds of decisions? A lot of local issues are going on that are defined as regional, but regional schools commissioners cannot have their ear close to the ground in the way that a local authority would have.
Lord Nash
If the noble Lord had come on Monday and met the regional schools commissioners, he might have been better informed about how they will gather their soft intelligence. I suggest that I set up a meeting with some regional schools commissioners and they can tell him for themselves. Having sat on every single head teacher board while they have deliberated over the last year and heard the level of soft local intelligence that they are receiving, it is absolutely clear that they have their ears extremely close to the ground.
Lord Watson of Invergowrie
I look forward to getting that briefing when I am able to attend. That would be helpful. But that sort of impression—that the local information required in situations like this is being made available—is not out and about at the moment. Perhaps that will change when we meet the regional schools commissioners.
Lord Hunt of Kings Heath
My Lords, my Amendment 12 is in this group. The point the noble Lord has raised is highly appropriate. We want assurances about a consistency of approach throughout the country.
My own amendment is probing and I would like to have it confirmed that the function of the RSC can be carried out by a combined authority, as defined in Clause 8 of the Cities and Local Government Devolution Bill as it left your Lordships’ House a few months ago. If my reading of the Bill is right, can the Minister say whether it is intended in any circumstances that the RSC function would indeed be given to a combined authority? If not, perhaps he could say why not.
The Minister will be aware that the Cities and Local Government Devolution Bill gives a combined authority extremely wide powers; for example, the function of the police and crime commissioner and the entire commissioning and provision of health and social care can be devolved to the combined authority. Indeed, any function of a public authority in the area of the combined authority can be devolved to the combined authority. The definition of a public authority is very wide and includes a Minister of the Crown or government department. My reading therefore is that the functions of the RSC could very easily be given to the combined authority.
I find it interesting that in Greater Manchester—which, with Cornwall, is a pioneer of the combined authority concept—it has already been established in a memorandum of understanding between the Government and the combined authorities that health and social care will be devolved in their entirety to the combined authority. Obviously, I know more about health than education but there are great similarities. They are two essentially national services, locally delivered. Ministers are accountable to Parliament for their overall performance. Money is voted by Parliament for their funding.
If you look at the Explanatory Notes of the Cities and Local Government Devolution Bill as it left your Lordships’ House, it is interesting that clearly the core purpose of a combined authority is to boost growth and the local economy. If health and social care are considered to be part of that, why on earth is education not, given the Government’s own concerns that young people are leaving our schools system without sufficient skills to go into employment? I cannot think of a more closely related service than education to the economic prospects of a locality. The Explanatory Notes mention skills but are silent on education. I am assuming that the Department for Education has opted out of this. I would be fascinated to know why.
I would have thought that in some circumstances the combined authority or the mayor could easily perform the role of the RSC. As we have such a democratic deficit in education now, it would be one way of taking that—and I have listened to what noble Lords have said about the quality of RSCs and the work that they do—but putting it back into some form of local accountability. In the end this accountability issue will have to be addressed. But overall, in trying to ensure consistency of approach and linking RSCs back into some kind of democratic process at local level, the noble Lord, Lord Addington, and I are at one on this.
Lord Nash
My Lords, the two new clauses proposed concern the role and remit of regional schools commissioners, and would be placed after Clause 3.
We introduced eight regional schools commissioners last year to take decisions and provide advice regarding academies and free schools in their regions on behalf of the Secretary of State. These regional schools commissioners will also exercise the new and strengthened powers which the Bill introduces, to intervene in failing, underperforming and coasting maintained schools.
Amendment 11 was tabled by the noble Lord, Lord Addington, and the noble Baroness, Lady Bakewell. It proposes to require regional schools commissioners to use uniform performance standards and criteria when fulfilling the duties and exercising the powers described in the Bill, thus seeking to ensure consistent decision-making across all RSCs.
Lord Hunt of Kings Heath
But, my Lords, that is exactly what is happening in health and social care. Clearly, in government as a whole, everyone is behind combined authorities. Why is the Minister’s department opting out of it? If he looks at the Cities and Local Government Devolution Bill, he will see that not only is there provision for any function of a Minister of the Crown to be devolved to a combined authority but there is a particular provision, because the Lords passed an amendment, to specify that the national characteristics of health and social care should be preserved within devolved health and social care. I do not understand why the education department, of all departments, is not playing in this area when the Government are putting so many eggs into it—I am talking about the northern powerhouse, obviously, with Greater Manchester at the core of it. I do not understand why his department is not involved or interested. If you take the skills agenda, you see that the whole point of combined authorities is economic growth; it must embrace the skills agenda. The Minister and I must share the desire that our schools play their part in making sure that young people are employable. I just do not get it; I do not understand why his department is opting out.
Lord Nash
If I may finish, I am interested in a practical system which actually works. We believe that we have devised one which is working extremely well. As I made clear in response to the Constitution Committee, this is maximum devolution to the front line. We trust teachers and head teachers to be responsible for their own system, and that is exactly the system that we have designed.
As I said, I am interested in a system that works, rather than one in the cause of some political theory. If combined authorities or elected mayors were able to appoint RSCs, as the amendment proposes, we would lose that robust accountability to Parliament and would have a system which is, frankly, totally incoherent, mixed and unworkable. I would rather have a system that works. Even those small MATs which operate across the regions that this would create would be working with multiple RSCs, which would add the complication of operating under multiple accountability structures. That would be confusing and chaotic.
Having additional RSCs appointed for combined authorities, further to the existing eight RSCs, would lead to significant additional costs. Overall, such a system would be confusing to schools, inconsistent, highly expensive and be adding unnecessary bureaucracy without bringing any tangible benefit to children’s education, which is what we on this side of the House are concerned with. Our current system of eight regional schools commissioners supported by a head teacher board is all about bringing decisions about schools closer to the front line. It ensures that experienced school leaders are the ones making and implementing decisions in their areas. They know what works best in their schools, how to address local needs and what the local priorities should be. This is therefore completely in keeping with the Government’s devolution agenda, and I urge the noble Lord to withdraw his amendment.
Lord Hunt of Kings Heath
My Lords, that was a quite remarkable speech by the noble Lord. He accuses me of political theory. His department has written a speech which essentially undermines the core purpose of the Cities and Local Government Devolution Bill. I do not think his department has read the Bill. He is saying that what the Government are doing with the setting up of combined authorities will lead to a completely incoherent approach. His answer is complete nonsense.
Clearly, I am not going to get an answer on this. I still do not understand why, when this will have massive implications for the devolution of central government powers, the education department seems to have completely opted out. I am absolutely speechless.
Lord Addington
My Lords, enjoyable as that little bit of hack and thrust was, to go back to my amendment, it was basically tabled to seek information and clarification. There is a framework and I wanted to look at it.
I was interested to hear that there is a degree of judgment to be used. I was wondering whether we could work into that judgment whether a school has a decent sports policy, arts policy or something like that. It might be an interesting place to include whether the Government’s sports policy is being implemented properly. I am sure that we will discuss the arts later. Once again, one is trying to get all bits of government singing at least the same tune, if not the same words; that would be a step forward. However, I think I have enough information to be going on with and I beg leave to withdraw the amendment.
Lord Watson of Invergowrie
My Lords, I support Amendment 14. We recognise that church schools have an integral role in the education system, comprising, as they do, around one-third of all maintained schools.
One of the reasons the church academy model has been a success is because dioceses are at the forefront of decisions concerning these schools, which means that decisions are made at a local level after consultation with communities. But as the noble Baroness, Lady Sharp of Guildford, mentioned, the Bill is at risk of cutting across this local decision-making, and this amendment addresses one of the areas where changes are necessary to ensure that adequate safeguards are put in place.
If decisions about the people who are nominated to interim executive boards are not acceptable to a local bishop, they do not carry his support. Therefore, that could undermine the whole raison d’être of the school. It would also, I suggest, undermine the whole raison d’être of an interim executive board, which is to prevent the closure of the school as well as to bring about necessary improvement. The amendment ensures that the appointment of an interim executive board does not undermine the faith character of a school. Surely the Government do not intend to affect faith schools in any way that would be seen as damaging and I hope the Minister will be prepared to recognise this in the Bill.
We believe the amendment provides the safeguards that the churches are seeking, without detracting from the process of school improvement that everyone wants to see.
Lord Nash
My Lords, Amendment 14, tabled by the noble Lord, Lord Storey, the noble Earl, Lord Listowel, and the noble Baronesses, Lady Pinnock and Lady Sharp, concerns where the Secretary of State makes directions about an interim executive board in respect of a school with a religious character. I believe I will be able to offer considerable reassurance on this point. The churches and other faith bodies are important partners in our education system but sometimes schools with a religious character fail, so we must be able to respond decisively and robustly in such cases.
Proposed new Section 5B(1)(a) and (b) propose a duty for IEBs in schools with a religious designation to ensure that the religious character of that school is preserved and developed. They would also be placed under a duty to ensure that the school is conducted in compliance with the school’s instrument of government and the foundation’s governing documents, including any trust deed.
First, I offer reassurance that while we are committed to tackling failure swiftly and robustly wherever it occurs, we fully recognise the importance of ensuring that the ethos of schools with a religious designation is preserved. I really think that the Catholic Church’s concerns on this are unfounded. I look forward to being able to reassure it on this point. I believe that I have already reassured the Church of England on this point, and I look forward to engaging further with both churches as we develop our memoranda of understanding, which the noble Baroness, Lady Sharp, referred to. I reassure the noble Lord, Lord Watson, that we have no intention of damaging or affecting church schools in any way. To support that commitment, as I said, we have already begun discussions with the churches about reviewing and updating the memoranda of understanding that set out the roles of dioceses and government as they relate to the academy programme, in order to reflect the changes in the Bill and the wider evolving policy landscape.
Lord Watson of Invergowrie
The Minister says he has had discussions with the Roman Catholic Church. Does he recognise that it is not satisfied with the outcome of those discussions? Certainly, the Catholic Education Service is making it quite clear that it supports this amendment because it is not satisfied with where the discussions with the Minister have led.
Lord Nash
If the noble Lord would let me finish, he would understand that these discussions are at a very early stage. We have just issued a draft of the memoranda of understanding and I believe that the churches are considering the detail. I will refer to this in more detail in a minute.
Under paragraphs 3(3), 10(2) and 13(2) of Schedule 6 to the Education and Inspections Act 2006, IEBs are already required to comply with the same duties that applied to the previous governing body, which includes any duty to comply with a trust deed. Members of a church or faith school’s IEB are therefore already bound to preserve and develop the school’s religious character. This is the case even where the new powers under Clause 5 of the Bill have been used to direct the local authority to appoint specific IEB members. The first part of the amendment is therefore unnecessary because it is simply restating a requirement that already exists in law.
Additionally, we are currently consulting on the revised Schools Causing Concern guidance, which describes how we propose that the new and strengthened powers in the Bill will work in practice. This includes how we propose IEBs will operate in practice, and it sets out the role and duties of an IEB. To avoid any further doubt on the matter raised in this amendment, we have specified in the guidance:
“Any obligations on the governing body in relation to maintaining the religious ethos of a school will also apply to the IEB”.
The second part of the amendment proposes that RSCs, where they are exercising the Clause 5 power to direct the local authority to alter the make-up of an IEB in a church or faith school, would be required to protect the continued involvement of the relevant diocese or faith body. That would mean that they would have to comply with an existing agreement between the local authority and the diocese about the membership and operation of the IEB. Such agreements between local authorities and dioceses about the membership and operation of IEBs are not required by legislation, nor are they legally binding. It would therefore be inappropriate to require RSCs to comply with such agreements through this amendment.
However, we are currently working with the churches to agree a memorandum of understanding. We are fully committed to agreeing these MoUs; it will enable dioceses and RSCs to work together for the benefit of pupils in church schools. In particular, we want to make sure that, as the draft MoU states:
“Where RSCs wish to exercise their power to establish an IEB to a church school, they must consult the diocese”.
We would expect the consultation to provide an opportunity for the diocese to nominate one or more IEB members and for RSCs to accept the diocese’s nomination, providing they agree that the proposed member has the capacity and skills required to fulfil their role on the IEB.
Where any IEB established by either the local authority or the RSC is established in a church school and the RSC has concerns about the capability of an IEB member to fulfil the role, the diocese will be asked if it wishes to nominate a replacement IEB member. Our expectation is that RSCs will accept such a nomination, provided they agree with the diocese’s assessment that the individual has the capacity and skills required to fulfil their role on the IEB.
Furthermore, the purpose of the power in Clause 5 is to enable the RSCs to intervene swiftly where they are not convinced that the IEB constituted by the local authority will secure necessary improvements in the school. Accepting the amendment proposed here would require RSCs to endorse an IEB whether they had confidence in it or not. That would undermine the purpose of the clause and may prevent RSCs from acting decisively to address underperformance.
In view of what I have said about making sure that we preserve the faith status of any church schools—which we are absolutely determined to ensure, and I am sure that we will be able to satisfy the churches on this—I urge the noble Baroness to withdraw the amendment.
Baroness Sharp of Guildford
I am very grateful to the Minister for giving these assurances. I was fairly confident that in fact they would be in discussion with the churches about these issues and that some system would be found to relieve their fears. I beg leave to withdraw the amendment.
Schools: Free Schools
Lord Nash Excerpts(10 years, 4 months ago)
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Baroness Massey of Darwen
To ask Her Majesty’s Government how many free schools at primary and secondary levels were open at the beginning of this school year, how many are expected to open during the 2015-16 school year, and how free schools will be monitored and evaluated.
The Parliamentary Under-Secretary of State, Department for Education (Lord Nash) (Con)
My Lords, there are 304 open free schools, including 118 primaries, 123 secondaries, 19 special schools and 32 alternative-provision free schools. This figure includes 52 free schools that have opened so far this academic year, incorporating 23 primaries, 15 secondaries, seven special schools and four alternative provision schools. In addition, we expect one further all-through alternative provision school to open this academic year. Free schools are inspected by Ofsted and monitored by departmental educational advisers, the Education Funding Agency and regional schools commissioners.
Baroness Massey of Darwen (Lab)
I thank the Minister for that comprehensive response. I return to the issue of monitoring. Will the Minister comment on the recent tables which show that this year the number of year 11 pupils in free schools achieving five A to C grades in GCSE, including English and maths, lagged behind the number in local authority schools by 5%? Would the Minister class those schools as “coasting”?
Lord Nash
I would not class them as coasting. It is a very small sample. They are a long way short of coasting. Twenty-six per cent of free schools have been judged outstanding, which makes them by far our highest performing group of non-selective state schools. Free schools are monitored by Ofsted, like all other schools, and the EFA. They have much tighter financial oversight than local authority-maintained schools because they have annually to publish audited independent accounts, and regional schools commissioners also monitor them.
Baroness Sharples (Con)
Can my noble friend say what percentage of children entering school have English as their second language?
Lord Storey (LD)
My Lords, of free schools that provide alternative provision, five have funding of £100,000 per pupil and 18 have £59,000 per pupil. That contrasts with local authority schools, which have only £22,000 per pupil. Has any analysis or evaluation been done about the different provision? Does the Minister think we are getting value for money in the funding of special education and alternative education?
Lord Nash
I assure the noble Lord that we are very focused on value for money. Those figures are very deceptive because quite a few pupils in alternative provision are on the register of the school, so it appears as though there are fewer pupils in the alternative provision school. Pupils in alternative provision get much higher funding, as they do in pupil referral units run by local authorities, so the figures are quite confusing.
Lord Watson of Invergowrie (Lab)
My Lords, it has been decided that new free schools will now be inspected in their third year of operation rather than in their second, although it is not clear whether that is due to funding cuts to Ofsted or perhaps, given that around 25% of them are deemed to be underperforming, it is to save the DfE from further embarrassment. Will the Minister explain how this new decision will help to ensure that underperforming free schools are identified and their failings addressed as soon as possible?
Lord Lexden (Con)
Is the free schools programme helping to improve social justice and boost social mobility in our most deprived areas?
Lord Nash
There is no question that that is the case. About half of free schools are in the most deprived areas in the country. In the last five rounds, 93% of them have been in areas where there was a forecast shortage of places and a large number of our top academy sponsors, who are particularly focused on underprivileged children, have entered the free school movement.
Baroness McIntosh of Hudnall (Lab)
My Lords, the term “free school” obviously implies freedoms that do not apply to other kinds of school. Can the Minister assure the House that free schools do not have the liberty to withhold from their pupils in any circumstances a range of options in the curriculum that would be expected to be offered to children in other types of school? I think, for example, of subjects such as arts and music.
Lord Nash
I assure the noble Baroness that all schools are expected to have a broad and balanced curriculum. Certainly on my visits around free schools I see a very wide curriculum. If the noble Baroness would care to accompany me on a number, I am sure I could satisfy her on this point.
Lord Foulkes of Cumnock (Lab)
My Lords, will the Minister declare whether he has any interests in this matter?
Childcare Bill [HL]
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The Parliamentary Under-Secretary of State, Department for Education (Lord Nash) (Con)
My Lords, I would like to take this opportunity to express my thanks to noble Lords for their support, challenge and dedication throughout the passage of this Bill. I very much appreciate the expertise that Peers have brought to the House on the complex subject of childcare, and I hope noble Lords feel that I have listened to concerns raised and addressed them appropriately. I particularly would like to thank the noble Baroness, Lady Jones, who has provided strong and heartfelt opposition on this Bill, and I greatly appreciated working with her on the education brief over the last Parliament. I will miss her on the education brief, and I wish her well with her new one. I will, of course, be keeping noble Lords up to date with the progress of the Bill, and am committed to holding a meeting on the funding review following the spending review. I look forward to working with noble Lords on the Education and Adoption Bill.
Baroness Jones of Whitchurch (Lab)
My Lords, I thank the Minister for making time available during the passage of the Bill and outside of the official process to meet with noble Lords on a number of occasions. It was very much appreciated and helped to clarify a great many issues. I also thank the Bill team for their sterling efforts in producing a Bill at short notice and in difficult circumstances. The Bill is leaving this place in a better shape than when it arrived, suitably amended but with many questions still unanswered, so I look forward to hearing about further positive progress when the Bill is considered in the Commons and in other meetings that the Minister may be organising, so that we can achieve our shared and important goal of increasing free childcare for working parents.
Education and Adoption Bill
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The Parliamentary Under-Secretary of State, Department for Education (Lord Nash) (Con)
My Lords, it is my great privilege to open the Second Reading debate on the Education and Adoption Bill. The Bill has one central principle at its heart: that all children, whatever their background, should have the same opportunities to realise their potential and to succeed in life.
The Bill delivers on the Government’s manifesto and Queen’s Speech commitments to ensure that all children receive an excellent education, by turning all failing schools into sponsored academies and introducing new powers to ensure that coasting schools are challenged and supported to improve sufficiently. The Bill is also concerned with improving the adoption system so that some of our most vulnerable children find loving homes as quickly as possible. The Bill makes it clear that we will not tolerate failure, nor will we settle for mediocrity. It is the next step in our ambitious reform programme and builds on the success of sponsored academies across the country.
I pay particular tribute to the noble Lord, Lord Adonis, whose determination to transform challenging schools led to the creation of the very first sponsored academies under the last Labour Government. The noble Lord is also the reason I stand before your Lordships today. It is in no small part due to him that I became an academy sponsor and took on my first failing school, which led to me making the rather unexpected journey to the Government Front Bench. I hope your Lordships will indulge me as I share a little of my own experience of academy sponsorship with the House.
When my wife and I became sponsors of Pimlico Academy in Westminster in 2008, after nearly two years’ delay to the process, the school was failing on almost every count. It had been in special measures, with poor results, very low morale among staff and pupils, and very poor behaviour. Two of the experienced heads we interviewed felt physically threatened just walking across the playground. We had eight days of strikes in the year before we took over—over things that any two Members of this House could have sorted out over a cup of tea. Yet, thanks to the hard work and dedication of the excellent team we were able to recruit, led by our inspirational principal, Jerry Collins, the school achieved an outstanding Ofsted rating just over two years after it opened. Since then, the school has gone from strength to strength—it is now in the top 10% of schools nationally by progress—and the trust has expanded to include three primary academies. Nothing I have been involved in in my business life comes close to this experience of seeing the power of education in action. It has literally changed my life and that is why I support this Bill.
When the previous Government came to power in 2010, we were concerned that our schools were stagnating in comparison with those in other countries. There were 203 academies open at that time and we were impressed by the combination of freedom and expertise that had helped turn many of them around. It reflected the mixture of autonomy and accountability that international evidence shows is effective in driving up standards.
During the last Parliament, sponsored academies became the Government’s solution to addressing school failure and we took the decision to turbo-charge the academies programme, allowing highly performing schools to become academies without a sponsor. The face of the education landscape has shifted dramatically as a result. There are now more than 5,000 open academies and free schools; 1,200 sponsored academies have opened in the past five years alone; and 65% of all secondary schools are academies or free schools. Academy status is becoming the norm.
I want to be clear: we know that becoming a sponsored academy is the start of the process of rebuilding school performance, not the conclusion. I am clear that it is not the simple fact of being a sponsored academy that leads to improvements but the conditions for success that academy status offers: putting responsibility for school improvement in the hands of expert sponsors and experienced school leaders; shifting decision-making away from bureaucrats and politicians; giving experts on the ground the freedom to innovate and drive up standards in the way they think best; and enabling locally clustered school-to-school support to take place in a flexible but rigorous, permanent, efficient and accountable way.
The Bill sends out the strongest possible signal about the priority we attach to transforming inadequate schools as quickly as possible. It puts children and their education first, removing bureaucracy and the scope for delaying tactics, which currently mean that it takes on average over a year to convert a school into a sponsored academy and that those with ideological interests can delay and even block transformation altogether.
The statistics clearly show that the academies movement is having a significant impact. Primary sponsored academies are improving faster than all state-funded schools. Provisional 2015 data show that the percentage of pupils achieving the expected level in reading, writing and maths at the end of primary school rose by four percentage points in sponsored primary academies this year, compared to one percentage point across all schools. Increases in performance over the first few years for sponsored academies demonstrate the rapid improvement which can be achieved when underperforming schools are taken over by strong sponsors.
Primary sponsored academies that have been open for two years have improved their results, on average, by 10 percentage points since opening—more than double the rate of improvement in maintained schools. In addition, secondary sponsored academies that have been open for two years have improved their performance by 1.7 percentage points this year, compared to 0.2 percentage points. One primary school making these significant strides is the Forest Academy in Barnsley, which is sponsored by Wellspring Academy Trust. In 2013, only 33% of children achieved the expected level 4 in reading, writing and maths at the end of key stage 2; this year, that figure is 83%.
There are multiple examples of sponsors bringing new life to schools. Outwood Grange Academies Trust has a strong reputation for turning schools around very quickly. The trust began supporting Bydales School in Redcar and Cleveland in September 2014, and the school officially joined the trust in February 2015. Outwood Grange moved quickly to bring about improvements, and the percentage of pupils achieving five or more good GCSEs has increased from 56% in 2014 to 72%.
Brilliant sponsors are transforming schools up and down the country—sponsors such as WISE Academies trust in Sunderland. The trust was formed four years ago by two strong primary schools. Two failing primary schools quickly followed, and the trust is seeing huge success. Both previously struggling schools are now judged “good” and exam results are equally impressive. In 2011, the year it went into special measures, just 53% of children at Hasting Hill Academy achieved the expected level at their key stage 2 tests. This year, that figure is 91%. We want more schools to achieve these rates of improvement and that is why, as the Prime Minister recently made clear, we want all schools to be able to benefit from the freedom that academy status brings.
The intervention provisions in the Bill do not apply to academies, as the statutory intervention framework which the Bill amends applies only to maintained schools. Academies are held to account through legally binding funding agreements—contracts which set out the requirements of academies and the mechanisms by which the Government can take action to address concerns. The Government hold academy trusts to account directly and, as regional schools commissioners have already shown, we do not hesitate to act when academies underperform. As well as issuing 112 formal notices to underperforming academies, we have ensured a change of sponsor in 98 cases. The results of such interventions are evident. Furness Academy in Cumbria was judged to require special measures by Ofsted in May 2013. When the regional schools commissioner took up her post in September 2014, she negotiated within her first two months that the existing co-sponsors should relinquish control. A major local employer, BAE Systems, began discussions and has now taken over sponsorship of the school.
The Bill goes further than simply addressing failing schools. It also introduces measures that will enable us to tackle, for the first time, coasting schools. Our focus on coasting schools is about identifying and helping those schools that may be achieving respectable results but which are not ensuring that pupils reach their potential over time. To aid parliamentary scrutiny of the Bill, the Government published their proposed coasting definition at the end of June. Noble Lords have my reassurance that it is of course of paramount importance to the Government, as it is to the entire education sector, that we get the coasting definition right. We will therefore launch a public consultation seeking views on our definition, as well as listening to Parliament’s views during the course of our debates.
We propose that the definition of a coasting school should be based on the progress pupils make and should take into account data over three years rather than a single Ofsted judgment. To qualify as coasting, schools will have to fall below a bar for each of the previous three years. Schools which fall within our definition of coasting will become eligible for intervention. I wish to reassure noble Lords that the Bill does not propose any automatic interventions or academisation for coasting schools. Some coasting schools may have the capacity to bring about sufficient improvements. Where this is the case, they should be given the opportunity to get on with that without distraction. Other coasting schools may require additional support and challenge from, say, an NLE or strong local school. Where a coasting school does not have a credible plan and the necessary capacity to bring about sufficient improvement, it is right that regional schools commissioners are able to order the conversion of the school into an academy with the support of a sponsor.
To ensure that we can tackle underperformance in every guise, the Bill also gives the same warning notice powers to regional schools commissioners as local authorities already have. Such notices will give a school the opportunity to tackle these concerns in the first instance and face necessary intervention where serious concerns remain. It will also allow regional schools commissioners to step in when local authorities fail to act. Since 2010, 51 local authorities—a third—have not issued a single warning notice: a truly shocking statistic.
There is no doubt that we have many excellent schools, but there are too many that are failing their children or not enabling them to make the progress of which they are capable. Children have only one chance at education: there is no time to lose when it comes to tackling underperformance head-on and ensuring that all schools deliver the education our children deserve.
The Bill is also concerned with improving the adoption system. The adoption measure in the Bill is driven by a very simple objective: to ensure that vulnerable children find loving homes as quickly as possible.
In a number of respects, this Bill builds on the reforms introduced by the previous Government. In the previous Parliament, the Government took decisive action to reform an adoption system that was too bureaucratic and often left vulnerable children waiting for far too long or caused them to miss out on adoption altogether. To drive improvements, the Government established a national Adoption Leadership Board, provided local authorities with £200 million of support funding through the adoption reform grant, invested a further £16 million in the voluntary adoption sector, and launched a £19 million adoption support fund to provide therapeutic support to adopted children and their families. My honourable friend Edward Timpson was at a meeting this morning where families were saying what a significant effect that has had.
The evidence shows that these reforms are working. More than 2,000 families have already benefited from the adoption support fund, and the time between a child entering care and moving in with their adoptive family has improved by four months since 2012-13. This is of course not only down to the Government’s reforms but the result of the hard work and commitment of adoption workers up and down the country, and I pay tribute to them.
However, while that is an achievement to be proud of, it remains the case that the current adoption system is not operating as well as it could. The system is highly fragmented, with about 180 different agencies each recruiting and matching their own adopters. We take the view that such a localised system does not deliver the best service for some of our most vulnerable children.
As at 31 March 2015, there were still 2,810 children waiting to be adopted and, although timeliness has improved overall, it still takes on average eight months between placement order and match. Disabled children have to wait nearly double that amount of time again. That is not good enough.
That is why the Government’s election manifesto pledged to introduce regional adoption agencies, working across local authority boundaries to match children with the best parents for them, and ensuring that they find loving, stable homes. Regional adoption agencies will help to address the current delays and inefficiencies by giving agencies a greater pool of approved adopters, making vital support services more widely available to adoptive families and better targeting the recruitment of adopters to the needs of waiting children.
The Government want to support and work with local authorities and voluntary adoption agencies to deliver regional adoption agencies, and I can assure noble Lords that we are committed to this approach. Our intention is that, as far as possible, the sector will move to regional adoption agencies by themselves. That is why we are providing £4.5 million of funding this year to support early adopters of regional adoption agencies. I am very pleased to inform the House that we have today announced 14 successful bids for this support, involving more than 100 local authorities and 20 voluntary adoption agencies. I am very pleased to say also that all 14 projects involve a voluntary adoption agency. We are delighted to see the sector seizing the opportunity to deliver its services in new and exciting ways, and I applaud its efforts.
There is real potential, through the move to regional adoption agencies, to improve the life chances of children, and I believe the majority of local authorities will make this change a reality. Certainly the vast majority did bid for funding under this programme. However, for those that do not, we need a backstop power to direct local authorities to come together. The Education and Adoption Bill introduces this power.
I assure your Lordships that we expect to use this power rarely. Local authorities will be given ample opportunity to design their own arrangements before any directions are considered. Where the power is used, we are clear that any direction will be the result of extensive discussions with the agencies involved.
I hope that the principles behind this Bill are ones that everyone in the House will support. Nothing demonstrates this Government’s commitment to real social justice better than our approach to ensuring that all children, whatever their background or starting point, have the same opportunities to experience the security of a loving home and the life-transforming potential of an excellent education.
Thanks to innovations originally introduced by the party opposite, through the imagination of the noble Lord, Lord Adonis, many thousands of children have already had their lives turned round by academy sponsorship. It is absolutely right that failing schools are given the support and challenge they need to improve from day one, and that we ensure all schools enable every child to make the progress of which they are capable.
We want a world-class education and care system that allows our children to unlock their potential and make a meaningful contribution to our society as adults. I look forward to hearing noble Lords’ views this evening and to working with them as we bring this Bill forward for their scrutiny and consideration. I beg to move.
Lord Nash
My Lords, I thank all noble Lords who have contributed to the debate this evening; it has been incredibly valuable. It is very clear that the House is immensely passionate and knowledgeable about education and adoption.
I have heard many helpful points this evening—so many that I have, in fact, entirely rewritten my closing speech in an attempt to answer all the points made. I am sure that I will not manage that—I apologise if I do not—and I hope people understand that, as a result of my rewriting, there may be a certain amount of paper shuffling during my closing remarks.
Most of the opening remarks made by the noble Lord, Lord Watson, were nothing to do with the Bill so I will not waste noble Lords’ time by rising to all his comments. However, I will refer to a few. He made a point about the Ofsted ratings for academies versus those for local authority schools, and a similar point was made by the noble Lords, Lord Storey and Lord Touhig. The noble Baroness, Lady Sharp, was very quick to point out that many academies were failing schools that were then taken off local authorities. Academies have a far higher proportion of children receiving free school meals than other schools and, of course, many of these schools are in those sad, sad areas—of which we have too many in this country—of intergenerational unemployment, such as some coastal towns. In such areas, the statistics cannot take account of the drip-drip of negativity that these pupils experience when going home to a household where nobody works and where they know very few people who are in work.
Another point raised by the noble Lord, Lord Watson, the noble Baroness, Lady Sharp, and the noble Earl, Lord Listowel, was the question of teacher recruitment. The Labour Party does like to make a crisis out of the perennial challenge of recruiting teachers. The reality is that the teacher vacancy rate has remained stable at about 1% or below for the past 15 years and, on several occasions during the last Labour Government, was higher than it is now. However, I will write to the noble Earl, Lord Listowel, about our teacher recruitment strategy.
The noble Lord, Lord Watson, had certain concerns about voluntary adoption agencies. Personally, I think the fact that 140 of 152 local authorities have bid for the regional support fund shows the enthusiasm with which local authorities are embracing this approach.
I assure the noble Baroness, Lady Benjamin, that the interests of all children will be critical to what lies behind the regional adoption agencies. Concerning her more general remarks about children in care, I reply that under the last Parliament we took many steps to improve the support for looked-after children. This included £99 million in funding through the Pupil Premium Plus grant, a new duty on local authorities to appoint a virtual school head, strengthening quality standards for residential settings and launching a cross-government strategy for care leavers. At the moment, we are looking at how we might build on this and do more to support care leavers, particularly those not in education.
The noble Lords, Lord Watson and Lord Storey, and the noble Baroness, Lady Sharp, spoke about the democratic deficit caused by removing consultation when a school becomes an academy. What we on this side of the House are concerned about is the education deficit that takes place in failing schools by the frequent exploitation of the democratic process and the fact that it takes, on average, a year for a failing school to become a sponsored academy. This is often because of roadblocks put in the way by dogmatic influences and people putting the interests of adults ahead of those of children.
We heard from my noble friend Lord Harris, whose academy group is one of our top-performing sponsors. I pay tribute to the remarkable achievements of his group and the thousands of children’s lives that he has improved as a result. When the Harris Federation took over the failing school Downhills, opponents tried to block the change through judicial reviews and various other tactics—they even made a film about their opposition. However, their attempts failed. Members of the Harris Federation did not let this deter them. This was not a popularity contest but something that was absolutely needed to help the children of Downhills.
In my experience, it took almost two years for the Pimlico Academy to open as a sponsored academy from the point at which it was judged to have special measures. The transformation was delayed by various objectors. People resorted to tactics that included consistently lying about us in the press, lying to pupils about our plans, breaking into my office, finding someone who had no real interest in the project but who qualified for legal aid to front up a judicial review application all the way to the Court of Appeal—all the applications along the way were thrown out fairly quickly by judges at huge cost to the public purse—and even resorting to having Pimlico pupils lying in coffins on the pavement so that my wife and I had to step over them on the way to a meeting. This was all done to further the interests of adults and for petty dogmatic principles rather than worrying about the education of pupils. These delays cost hundreds of children lost educational opportunities, yet when after just two years, which was a record time, the school was transformed from special measures to outstanding, many of the same people asked to become the friends of Pimlico Academy. Also, while many of the original teachers had left, many others stayed. Others who had objected to the original proposals were lifted by the oxygen of success and have now transformed their own performance.
I am big enough and ugly enough to put up with the kind of nonsense we experienced at Pimlico, but I do not see why other sponsors should. More importantly, as the Secretary of State for Education has said on a number of occasions, a day spent in a special measures school is a day too long for the pupils in that school. Parents do not want their children in a failing school, and that is why we are bringing in proposals to speed up the process by which failing schools become sponsored academies.
Lord Watson of Invergowrie
My Lords, it is all very well for the Minister to blow his own trumpet, and I am glad that he has had success in Pimlico. But he is using that and other arguments to say that, if democracy is too much of an inconvenience, we can just set it aside. Is that what this country is really about?
Lord Nash
Consistent with our manifesto pledge and the Queen’s Speech, we are bringing forward proposals in this Bill, if it is passed, whereby in certain circumstances a school will become an academy, and we feel that there should be no delays in that. All too frequently there are delays.
Lord Watson of Invergowrie
So democracy can be suspended when it is an inconvenience.
Lord Nash
No, democracy can be suspended where it is in the interests of the children. Rather than us proposing a democratic deficit, we are seeking to stop the abuse of the democratic process that takes place by vested interests. In addition to Downhills and Pimlico causing vast loss of educational opportunities, delays happened in the cases of The Warren, Camden Juniors, Twydall Primary, Roke, Bydales, Eton Porny, Manor Primary and many, many others.
The noble Lords, Lord Watson and Lord Storey, expressed their views about the inspection of academy chains. I agree that it is critical that multi-academy trusts are held to account for their performance. At his most recent appearance before the Education Select Committee, the Chief Inspector of Education, Sir Michael Wilshaw, was clear that the current arrangements, whereby Ofsted can inspect batches of schools within an academy trust at the same time, are appropriate. The Government do not consider that Ofsted should have an additional role in judging a trust’s central functions or operating model. As part of its assurance role, the Education Funding Agency already assesses the financial and governance arrangements of academy trusts to ensure that they are operating in line with the Academies Financial Handbook and the terms of their funding agreement. A point was made about parents. Through our free schools programme, parents are driving this and free schools are more accountable to parents than any other kind of school. Parents have often fought for the development of a school of a certain type or with a certain ethos.
I am grateful to the noble Lord, Lord Sutherland, who cut swiftly to the chase in his speech. I was impressed with his concept of pace and impatience because it is the feeling of pace and impatience which characterises our most successful sponsors. Regional schools commissioners will identify as soon as possible those schools which are coasting, seeking to bring about change for the better as quickly as possible. The five years he referred to of course include two years of history which have already passed, and sadly we cannot put the clock back. As far as his comments about IT are concerned, I wholly agree with the importance of this area in helping to assess the progress and attainment of pupils, and in identifying those pupils who are not being properly served.
I pay particular tribute to the right reverend Prelate the Bishop of Ely for his work in the Diocese of Ely Multi-Academy Trust; he knows that I share his interest in the importance of character development. I also share his concerns about consistency of practice, and I hope that the Schools Causing Concern guidance will provide considerable clarity on this. I also look forward to working with him on refreshing the memorandum of understanding that we have with church schools. We had a helpful meeting this morning and I will work with him to ensure that we achieve the consistency that he desires. The right reverend Prelate succinctly summarised the importance of school-to-school support, as did the noble Lord, Lord Blunkett, and the noble Baroness, Lady Hughes.
The noble Lord, Lord Blunkett, made an extremely eloquent maiden speech and I welcome him to your Lordships’ House. I had the very great pleasure of meeting him for the first time this morning and sharing some thoughts. I am delighted that he has become the chair of the David Ross Education Trust, which sponsors more than 30 academies. I am sure that the trust will benefit greatly from his involvement.
During the last Parliament we created hundreds of local multi-academy trusts based around one local outstanding school and we focused national chains on local hubs. It is acknowledged that the best way to improve failing schools is through local school-to-school support. The Government believe that the evidence is clear that the best way to provide such support—the most rigorous, the most permanent, the most efficient and the most accountable support—is through a multi-academy trust. People who run multi-academy trusts, some of whom were very against academies in the first place, talk glowingly about their advantages: a sense of being in control of their own destiny; the ability to retain staff they know they would have lost if they were running only one school; the career development opportunities through the ability to move staff around schools; the enhanced CPD opportunities; the ability to finance far higher-quality people; the economies of scale achieved through purchasing efficiencies, standardisation of assessment, and many more.
We now have enough multi-academy trusts performing really well to know that there is a gold standard out there to which all can aspire. This has been recognised by many commentators, including the Sutton Trust. People such as Outwood Grange, REAch2, Harris, the Inspiration Trust and smaller groups such as WISE and Tudhoe are setting the bar really high. With strong oversight from the RSCs, we will ensure that poor performing groups up their game, and the RSCs are holding many events where strongly performing groups such as Outwood Grange share their experiences and methodology. Outwood Grange’s record is superb. It has been holding a series of roadshows around the country and it has put its entire school improvement methodology on to a memory stick. We want to do far more of this kind of development. The Sutton Trust has said that the best academy chains are outperforming and some are substantially outperforming. The job of the regional schools commissioners and my job is to spread good practice and intervene in failure so that all groups raise their game towards the standards of the very good, and this Bill is about helping them to do that.
I was very interested to hear that my noble friend Lady Eaton is a trustee of the Sir Simon Milton Foundation because Sir Simon was a truly great man whose ambitions for the academy programme and for the children of Westminster were enormous. He was also extremely courageous. I am grateful for her words of support in relation to our adoption proposals because I know that she is extremely experienced in that field.
The noble Baroness, Lady Hughes, spoke eloquently on a number of points. I am always very interested to hear her remarks because she is always worth listening to. We had many constructive discussions during the passage of the Children and Families Act 2014, and this is our first discussion since then. I have to say that I have missed her. I agree entirely that structure is not the be-all and end-all. What really matters is what is taught in the classroom and how. She also talked about the advantages of collaboration. We believe that the freedoms provided by academy status in a MAT structure as I have just outlined are the best way to ensure such collaboration. Why do we need a power to issue our own warning notices when we can direct local authorities to do so? Unless a school is in category 4, it is because the regime that follows the warning notice is entirely at the discretion of the local authority. As Ofsted has reported, there are many examples where local authorities’ use of warning notices has been found wanting.
On the comments of the noble Baronesses, Lady Hughes and Lady Morris, about the only route out of failure being academies, I must respond by saying no. As I said in my opening remarks, we may well encourage many schools to stop coasting by using NLEs and seeking support from other schools which may not be academies, and as far as devolution is concerned, we see the regional schools commissioners and their elected head teacher boards as giving control over the school system to school leaders. On co-operating with other areas of the school system, we have a very good model in Birmingham through the Birmingham Education Partnership under Sir Mike Tomlinson, which is across all sectors.
The noble Baroness, Lady Humphreys, talked about the capacity of regional schools commissioners. I can assure her that we will be very focused on the capacity that they have and on the capacity of sponsors. The noble Lords, Lord Addington and Lord Northbourne, talked about the coasting definition. On 30 June, the Government published illustrative regulations setting out how we propose to define coasting. This sets out the database definition which will be used to identify coasting schools. As I have said previously, this is focused particularly on secondaries and will be increasingly focused on Progress 8. I was very pleased to hear the remarks made by the noble Baroness, Lady Humphreys, about that, as we move away from what Tristram Hunt called the “great crime” of the C/D borderline. Shortly, we will launch a consultation on this definition and the Schools Causing Concern guidance, setting out how we propose that RSCs will tackle failing coasting schools. I reassure the House that this document and the consultation will be available for Peers to scrutinise during Committee stage.
This Bill is about schools causing concern but a number of noble Lords, including the noble Baronesses, Lady Massey and Lady Morris, raised points about the performance of converter academies; that is, schools which are approved to become academies without a sponsor. The latest data from Ofsted show that almost 90% of converter academies are good or outstanding, which is a greater percentage than local authority maintained schools. The latest primary and secondary school results also show that the performance of converter academies is continuing to rise. In particular, secondary converter academies have improved their performance by double the rate seen in maintained schools.
The noble Baroness, Lady Sharp, talked about teacher retention. Almost 90% of teachers continue in the profession following their first year of teaching. This rate has remained stable since 2006. Recent reports suggesting a 40% leave ratio are completely inaccurate. Almost 75% of new teachers are still in the profession after five years. More than half of teachers who qualified in 1996 were still teaching 18 years later. The proportion of the teacher workforce that leaves each year has remained low over recent years. Just 10% of those teaching in 2013 were no longer in the workforce in 2014. Teacher retention has remained stable over time with very little variation over 10 years. I am delighted to arrange for the noble Earl, Lord Listowel, to visit a sponsored academy soon.
As regards governing bodies and parents, all academies and multi-academy trust boards must have two parents on them. My noble friend Lady Perry talked about leadership, which is incredibly important. We have developed the future leaders MAT CEO course, which the department sponsored across 24 CEOs. This is being rolled out with 30 more going on the course this month and 30 next month. I am delighted that the Church of England is developing its own leadership development programme, which is so important.
The noble Baroness, Lady Benjamin, the noble Earl, Lord Listowel, and the noble Lord, Lord Touhig, talked about mental health support for children in care. All children and young people deserve to grow up feeling safe and supported, and the Government are committed to improving the mental health of the most vulnerable. I assure noble Lords that the Government are determined to deliver the transformation we need to see if we are genuinely to improve children’s mental health. We are working across government departments to respond to the challenges set out in the Future in Mind report. The Department of Health has identified £1.25 billion to improve mental health services for children, young people and new mothers over the next five years.
It is vital that we provide the best possible start in life for every child. That is why we are here today and why we need these reforms. The measures in this Bill are essential to ensuring high standards of education across the country and permanent loving homes for some of our most vulnerable children. I know that Members of this House have considerable expertise and have passionate views on how we should tackle these issues, which has been shown by tonight’s debate. I also know we agree on the objective that lies at the heart of the Bill and that every Member of this House has high expectations for our children.
The Bill demonstrates the Government’s commitment to real social justice and making a real difference to giving children the chance to aim for a brighter future. We have heard so many noble Lords speaking passionately about their own journey. This is an ambition which I am sure is shared by all who are here tonight. I look forward to debating this Bill further and I hope that all noble Lords who are interested will accept my invitation, which I will issue shortly, to attend a meeting on 2 November at 3 pm to meet with some regional schools commissioners and chief executives of academy trusts. Some noble Lords in particular might find that helpful.
I commend this Bill and I ask the House to give it a Second Reading.
Education: Initial Teacher Training
Lord Nash Excerpts(10 years, 5 months ago)
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Lord Storey (LD)
My Lords, I beg leave to answer—no, to ask—the Question standing in my name on the Order Paper.
Lord Nash
Perhaps I could ask the noble Lord to be quicker on his feet in future, or perhaps I should be less eager.
My Lords, since 2010 we have reformed ITT to put greater control in the hands of the best schools. It is too early to conduct a thorough comparison of different routes. The first full cohort of School Direct trainees have only just completed their first year of training. However, the department regularly assesses demand, completion and employment rates, and how well different routes attract trainees and the quality of those trainees. The latest data show that candidates on school-led ITT routes have higher completion and employment rates than those on HEI-led ITT.
Lord Storey
The Minister will be aware that, while teachers are probably of the highest quality that they have ever been, 17% fewer students have gone into teaching over the last five years. He will also be aware of the huge increase in the birth rate that is coming down the track, which will probably mean something in the order of 900,000 more pupils, who will obviously require extra teachers. As for university higher education, how can universities plan long term and strategically if future funding is not always guaranteed?
Lord Nash
The noble Lord raises a very good point. Our current thinking is that the allocation of places on a year-by-year basis is the most accurate method and ensures that our future teachers train in only the highest-quality settings. The current system allows us to factor in market fluctuations and ensures that participation in ITT is dependent on Ofsted grade and proven ability to fill places. However, we keep these processes under constant review.
Baroness Donaghy (Lab)
My Lords, the Minister indicated that it was too early to make an assessment about the quality of initial teacher training—yet in his concluding remarks he indicated a preference for School Direct rather than higher education initial teacher training, which implies to me that the Government have already made up their mind on this. Would he give us an assurance, first that there will be an independent assessment of the new way of initial teacher training and how it compares with the traditional system, and secondly that he can guarantee future teacher supply across the United Kingdom?
Lord Nash
It is important to point out that this is not quite the dramatic change that some people think. After all, at least 60% of the one-year postgraduate ITT course—which the vast majority of trainees go on through HEI—is already in-school. This year, nearly half the trainees will be going through a school-led system, and this Government trust schools and heads to be in charge of teacher improvement.
Baroness Perry of Southwark (Con)
Will my noble friend agree that probably the most important gift that teachers bring to their pupils is their knowledge of the subject they teach? Can he assure us that the new way of training teachers—through the school route—will still ensure that they have a strong mastery of and enthusiasm for the subject they teach?
Lord Nash
I agree entirely. Subject knowledge is one of the most important things that teachers must have. The Carter review, while saying that the overall effectiveness of ITT was pretty good, pointed out that this was one of the weak areas. Our reforms to the curriculum, by attracting more highly qualified teachers into the system, will result in our next generation of teachers having greater subject knowledge. We are already seeing this in A-levels, where over the last five years the number of students has increased by 13% in maths, 16% in physics and 17% in chemistry.
Baroness Wall of New Barnet (Lab)
My Lords, I am sure that the noble Lord is aware of the concern that many employers have about many teachers’ lack of knowledge—not lack of interest—about how they can support industry and local employers to talk about apprenticeships and encourage their youngsters to apply for them. Will he assure the House that regardless of which scheme or method of training goes forward, there will be an element that requires teachers to relate to local employers, making sure apprenticeships become part of young people’s options?
Baroness Warsi (Con)
Will my noble friend indicate how initial teacher training has been amended to reflect the new Prevent duty that teachers now have? Who is delivering that training—universities or the approved Workshop to Raise Awareness of Prevent co-ordinators, as listed by the Home Office? If it is those providers listed by Prevent, could he write to the House and put a letter in the Library with a list of those accredited providers?
Baroness Pinnock (LD)
My Lords, with a YouGov poll showing that 50% of current teachers are considering leaving the profession within the next two years, when we are 8,000 teacher training places short of what we need and with rising school numbers, would the Minister not agree that, however good the quality of teacher training, the fact is we will not have enough trained teachers in our classrooms? What is he going to do about it?
Lord Nash
If I may say so, this is slightly a case of creating a crisis out of a challenge. We actually have more teachers than ever before. We have a higher quality of teachers than ever before. We are improving behaviour management and workload to reduce the risk of teachers leaving the system. Many more teachers are returning to the workforce and the vacancy rate has remained at around 1% or below over the last 15 years. Indeed, frankly, over the last 15 years it has on several occasions, including under the last Government, been higher than it is at the moment.
Childcare Bill [HL]
Lord Nash Excerpts(10 years, 5 months ago)
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The Parliamentary Under-Secretary of State, Department for Education (Lord Nash) (Con)
My Lords, it might first be of benefit to the House if I make a few points. I would like to thank noble Lords for their support during the passage of the Bill so far. I would particularly like to thank noble Lords whom I have met since Committee. I have found these conversations extremely helpful and I hope they have, too.
The Government are committed to supporting working families. That is what the Bill is about. It enshrines that commitment in law, with a new duty on the Secretary of State to secure 30 hours’ childcare for working parents of three and four year-olds. As the Secretary of State set out last week, the Department for Education’s focus should not be stakeholders or vested interests; our focus is unashamedly on children and their parents. The Bill makes that clear.
I have listened carefully and with great interest to the concerns noble Lords have raised throughout the passage of the Bill. As the noble Baroness said, I undertook in Committee to confirm a number of details ahead of Report. I hope that the package of support published earlier this month, the policy statement and the government amendments I have tabled, deliver on those commitments. I have had feedback from noble Lords across the House that this was helpful. I have listened to the debate on ensuring that Parliament has the opportunity to provide appropriate scrutiny on the detail of secondary legislation. We listened and tabled amendments in response.
Subject to the debate today, the first set of regulations made under the Bill will be subject to affirmative procedure. The amendment in question was informed by the first report of the Delegated Powers Committee and I thank the committee for meeting again on Monday to consider our proposed changes to the Bill. I am pleased that it welcomes the Government’s efforts to respond to early criticisms. The noble Baroness rather overstated the case by saying these were scathing, though I note that there are areas where the committee would like us to be clearer in our intentions. I will address these points at the appropriate time during today’s debate.
Noble Lords raised concerns about the detail and breadth of the Bill. We listened to and consulted parents and providers over the summer. On 2 October, we published a policy statement setting out the key milestones up to implementation in 2017, the delivery model and details of who will be eligible for the extended entitlements. Our amendments reflect those new details.
In Committee, noble Lords also understandably asked for reassurance on the quality of the childcare that children will receive under the Bill, and in our policy statement we have made clear that the quality of early education and childcare and the welfare of children remain paramount. I believe that the further things that I will say today in response to amendments on, for example, staff to child ratios, will provide even more reassurance.
Turning particularly to matters relating to this group of amendments, in Committee many noble Lords raised a number of questions about the funding review, which is the most comprehensive national review of the funding of childcare ever conducted. I will respond fully to the debate on this shortly. However, I take this opportunity to make clear that we have listened. In response, we published the terms of reference for the funding review, the findings of the first part of the review and the call for evidence, which received more than 2,000 responses. Yesterday, I was pleased to host a very informative meeting for Peers to meet the Minister for Childcare and Education and the department’s chief analyst. I would be very happy to host another such meeting following the spending review. We have no interest whatever in producing a funding regime which does not work for providers. We have substantially increased the amount of childcare over the last five years successfully, and we are confident that we will do so this time.
This Government are spending considerably more than any other on childcare, and we want to give more working parents choice and flexibility about the childcare they access. We have already heard from working parents, employers, representatives from the childcare sector and unions, and received nearly 20,000 responses to our public survey over the summer, which showed that parents strongly welcomed the new entitlement. Further support for the entitlement has been demonstrated by the poll of parents carried out by Netmums, which showed that the Government’s offer of more childcare is wanted, needed and eagerly anticipated. The survey also suggests that the reform will encourage more parents to work more hours.
I urge the House not to seek to delay this entitlement for working parents. Parents are demanding of us, and in response we should move quickly to put the new entitlement in place. During the election, we committed to 30 hours of free childcare, and we were the only party to commit to a review of childcare funding. We are now challenged on moving too quickly with some aspects and too slowly with others. Providers are keen for legislation. More than 1,000 providers have already come forward to ask to be involved in early implementation.
As many will understand, it is important that we give providers, local authorities and parents time to prepare for this substantial change. We want to move the Bill forward and take the next steps with regulations, consultation and, very importantly, early information. As the shadow Secretary of State for Education said recently, we now need those policies to be turned into reality. I completely agree.
Baroness Pinnock (LD)
My Lords, I thank the Minister for the statement he has just made, for the policy statement which he provided us with over the summer and for the briefing yesterday, which demonstrated that detailed work is being undertaken to understand the different business models of providing for childcare.
However, one element fundamental to ensuring that 15 hours of free extra childcare per week can be delivered at high quality is funding. In Committee, we were assured that that information would be available prior to Report to enable a full understanding of the Government’s commitment in terms of the amount of funding. At that stage, the Minister gave a commitment that the Government would announce by Report the findings from their call for evidence as part of the funding review, so that we could have details of the delivery model based on the principles laid out. Unfortunately, that is not available.
Waiting for that information will not cause a delay. The background analysis of the information has been carried out. We heard about it yesterday, and very good it is too. But the figures have not been put into the crunching machine, so we do not know how much will be available to fund this important element of improved childcare—increased hours—that we all welcome. I do not see how, as Members of this House, the role of which is to scrutinise legislation to try to improve it, we can fulfil our responsibilities unless we have that information. We support the Bill, but the funding is fundamental.
All through the progress of the Bill, on all sides of the House, we have made the point about the lack of information—both on the regulations and on the amount of funding that would be available. We have tabled an amendment about cross-subsidisation, which has already been raised in relation to funding. I will speak more about it when we come to the amendment.
The only commitment we have from the Government, as expressed in their policy statement, is that there will be an increase in the hourly funding rate for childcare. What we do not know is how much that will be. It could be 5p an hour. It could be £5 an hour; I hope it is but we do not know. Without knowing, I do not see how the other elements of the Bill can stand up to scrutiny. How can we assure ourselves of the quality of childcare that will be provided if the amount of funding that is available is not declared? How can we be sure that training for staff in childcare can be made available if the funding is not there? How can we be sure that the number of places will be available if the amount of funding does not support an increase in the number of places that will be required? It is fundamental to the success of this Bill—and we all want it to be a success. I urged the Minister to tell us how much money will be available. Unfortunately his hands are tied, and I appreciate that. That is why we ought to delay discussing this Bill, until we know how much will be available, because everything else depends on it.
At the moment, it is the equivalent of being told that we can buy a car when we do not know whether we can afford a second-hand Mini or a brand new BMW. Young children need and deserve better than that.
Lord Nash
My Lords, I would like to speak to Amendments 1, 30 and 31 tabled by the noble Baronesses, Lady Jones, Lady Pinnock and Lady Tyler and the noble Lord, Lord Touhig. I understand the concerns that the noble Baronesses and the noble Lord are seeking to address through these amendments. I share their view that we need to get the funding for the entitlement right. Much of the success of the extended entitlement rests on sustainable levels of funding. However, I do not agree that these amendments are the right way to deliver that outcome. Indeed, it would simply risk delaying substantially implementation for working parents, which has been widely welcomed. This Government have already shown their commitment to ensuring that funding levels will be sufficient to deliver the 30 hours’ free childcare for the working parents of 3 and 4 year-olds. The Prime Minister himself has already committed to an increase in the rate paid to providers; indeed, we were the only party to commit to such an increase during the general election.
We have acted swiftly upon our promises. Within a month of the general election, we brought forward this legislation and committed to early implementation of the extended entitlement for parents in some areas from 2016, so that we can test the provision, which is so important. We definitely do not wish to delay, because although 2017 may seem a long way off, there is a lot to get right. At the June budget, we made financial provision for the extended entitlement, announcing £840 million, including Barnett consequentials, in 2018-19. That is the current estimated cost before the average hourly rate that providers receive is raised and indicates a further commitment by this Government to the delivery of the extended entitlement. We have listened and addressed the concerns of a sector that has been asking for a review of funding for early years, by establishing a review on the cost of providing childcare as soon as possible. As I have said, this is the most detailed national review of childcare that has ever been conducted. It is a very complicated issue, as noble Lords heard yesterday, and we do not believe that we should delay.
I hope we can all agree that it is clear that we share the same objective—one which the noble Baronesses and the noble Lord have set out in their amendments. We, too, want to establish a sustainable funding solution that addresses concerns about the delivery of the existing entitlement and supports providers to deliver the extension to the entitlement. We have no interest in a solution that will not work for providers. Under the last Government we expanded childcare very substantially and successfully and we fully intend to do so again.
Noble Lords raised the question of funding and the funding review in Committee. Understandably, there were many questions about how the review would be conducted and what it would cover. We have sought to provide more information about the analysis of the first findings of the call for evidence, the terms of reference and the policy statement. The Government have also made very clear their intention to publish the final report from the review following the spending review. The findings from the review will feed directly into the spending review, which is imminent, as we all know. That is where decisions about future funding rates will be made. It is important therefore that the review is complete in order to inform this process. The Budget and the spending review are the appropriate times for the Government to set out their spending plans and Parliament debates those plans at the appropriate time. Legislating for the childcare entitlement is not the time to have this debate.
However, I have listened to concerns raised by noble Lords about ensuring that this Bill is scrutinised by Parliament once the Government’s spending plans are made clear at the spending review. Third Reading will be on 26 October and the Bill will then be sent to the other place in the usual way. It is then only four weeks until completion of the spending review. Although noble Lords would not expect me to be able to comment on the precise timetabling of business in the other place, there are no plans for the Bill to reach Royal Assent before that review concludes. I hope that noble Lords will find that statement helpful.
A delay to the coming into force of key provisions of the Bill will have a knock-on effect on the ultimate delivery of childcare to parents, delaying our consultation process as well as the start of early implementation. The purpose of the review is to provide a robust analytical underpinning for a funding rate that is fair for providers and delivers value for money to the taxpayer.
The review team is considering a significant body of existing and new evidence, such as published research and academic studies, and evidence provided by sector representatives, as well as studies recently commissioned by the Department for Education conducted by a number of consultancy companies. Some noble Lords have met the review team which, led by the department’s chief analyst, is working on two key analytical strands. I think that noble Lords found the meeting yesterday with the chief analyst helpful. I am sorry that the noble Baroness, Lady Andrews, was not able to come yesterday, as I think she would have found it very informative. However, if she would like me to set up a separate meeting for her to meet the chief analyst, I would be delighted to do so.
The first of these two analytical strands looks at providers’ costs and the second considers the supply and demand side of the childcare market. Both are complicated and key to informing our work. The review team recognises that there is huge variation in costs between different providers and between children with varying needs, and the analysis and modelling will allow scenario testing to understand the drivers and consequences of these differences, which will inform our testing in the early-implementation pilot studies.
In Committee many noble Lords raised the importance of the review looking at the costs of providing childcare for children with additional needs. It is absolutely right that it should do so, and we are grateful to those specialist providers and charities that have helped us with this question. We will extend the analysis in the review to consider the characteristics of the families that will be eligible for the new entitlement, including which families it will help back into work or help to increase their income. Details like this are extremely complicated, yet we are clear that they need to be considered carefully to ensure that the system is funded to support all children who wish to access it.
The Government greatly value the opportunity to engage with those who are directly affected by our policies. We have been engaging extensively with all of these groups, both through face-to-face meetings and via other channels. Key organisations in the sector such as the National Day Nurseries Association have welcomed the extended entitlement and have been key partners in the delivery of the review of the cost of childcare. While we are aware of their concerns on the delivery of the extended offer, we have sought their involvement in the development of our policies and the review in particular.
Noble Lords will have seen the report we published on 2 October on the analysis of the responses to our call for evidence. We had over 2,000 responses, the majority from providers—and, as I have said, already over 1,000 providers have come forward, wanting to be involved in the pilot studies. These responses gave us very useful information, which is informing the content of the review. The findings from the call for evidence will help us put into context the work we are doing on understanding providers’ costs. The review team has followed up to gather more detailed information from some of the providers that responded to the call for evidence.
As part of our plans for engaging with stakeholders we have also held a series of round tables over the summer across the country. The round tables have been a valuable opportunity to engage with providers face to face and to tease out some of the issues that were raised in the call for evidence, building on the significant body of evidence that we are considering and looking at the challenges that providers will face in delivering the extended entitlement, while always remembering that the providers would not be doing their jobs properly if they were not asking for more money, because we are, after all, in a negotiation with them.
The childcare sector is healthy, vibrant and growing. It has grown substantially in recent years—by 12% over the three years from 2009 to 2012. It is not a sector that is severely underfunded, and the number of providers offering places under the entitlement has also continued to increase. The market has demonstrated that it is able to respond to the extension of the free entitlement. We just need to look at the rollout of the entitlement for disadvantaged two-year olds, which was introduced in the last Parliament.
I turn now to the proposal of the noble Baronesses and noble Lord for a review to be independent. In coming to a decision about the most appropriate type of review, the timings of different review options, as well as the cost to the taxpayer, were significant factors leading to our decision for this to be a government review with an element of external validation and scrutiny. We determined that the most appropriate approach would be a cross-government review with expert support from outside.
We all know that there is a rigorous and time-bound process supporting any government spending provisions, particularly when increases to particular budgets are involved. Our priority has been to secure our knowledge and understanding of providers’ costs and to inform the discussions on sustainable funding rates during the spending review this autumn. An independent review would have taken significant time to set up and its findings would, therefore, not have been available to feed in to the spending review. This is a vital point. It was important that we move quickly to set up the review and meet our commitment to providers to increase the rate.
We believe strongly that the review under way strikes the correct balance of needing to move quickly and thoroughly. If we now delay, it would be for a considerable period of time because, as I have outlined, the issues here are complicated and it would take considerable time for an independent review to get its mind round it. This would put under threat the timing of delivering the full offer in 2017, because it would delay the consultation, the regulations and, most importantly, the pilot schemes.
I am very grateful to the noble Lord, Lord Sutherland, for his comments on this. He so ably argued and explained why a delay would be a bad idea, and grasped quickly the fact that it would not be a short delay.
I am grateful to the noble Earl, Lord Listowel, for his comments about the impact that the Bill will have on social mobility, as it lifts more families into work or into more work.
As for the comments of the noble Baroness, Lady Howarth, I know that she is very experienced in the field of local authorities. I found some of her comments yesterday particularly helpful. As for the wider envelope and taking that into account, I do not know about that, but I will take it back. My noble friend Lady Evans will talk later about cross-subsidies, but I can assure the noble Baroness that this review is very comprehensive, taking into account all the issues that local authorities will face, and I will take her points back.
I hope that I have provided sufficient reassurance as to the rationale for the way in which the Government have decided to conduct this review and the robustness of the processes that we are following. As I set out, the outcome of the review will be published later in the autumn, as, of course, will the spending review. It will provide sufficient explanation of the Government’s intentions and the next steps, and will be made available to Parliament. As I have said, there are no plans for the Bill to reach Royal Assent before that review is completed. I am happy to ensure that there will be further opportunity for this House to scrutinise the details of the legislation after the spending review has been published. As I mentioned in my opening remarks, I would be happy to host a further meeting with the funding review team after the spending review, if noble Lords would find that helpful.
As I will outline when we debate a later group of amendments tonight, the Government are proposing that the secondary legislation under the Bill will be subject to the approval of both Houses. This will provide an opportunity for further debate on the details of entitlement, once the funding review has concluded.
I hope noble Lords will agree that placing in primary legislation a requirement to conduct a review, which is already under way, is not necessary and could in fact delay the positive progress that has already been made if the Government were required to stop and begin again once the Bill receives Royal Assent. I therefore urge the noble Baroness and the noble Lords to withdraw their amendment.
Baroness Jones of Whitchurch
My Lords, first, I would like to thank noble Lords who have spoken in support of our amendments. I also thank the Minister for his statement and his subsequent comments. The Minister raised other issues in his statement that relate to other amendments, and I know that noble Lords will want to pick that up when we get to those items.
I want now to concentrate on the specific issues relating to the timing of the funding review. The Minister did not address in his response the concerns of the Delegated Powers Committee, which has once again criticised the Government for a lack of detail in the Bill. It does not believe that the case has been made for why all the detail should be contained in secondary legislation, to be seen at a later date, rather than in the Bill. I was sad that the Minister was not able to respond to that today.
Secondly, the Minister did not address why the Bill is being rushed through in advance of the outcome of the funding review being known, which might, as we have heard, fundamentally alter the shape of the package that will be on offer because of the complexities which I think we all now understand. In particular, he did not answer the question asked by my noble friend Lady Andrews about when he first knew that he would not be able to let us have the information that he promised us at an earlier stage. A lot was riding on that at the Committee stage and we feel let down by his lack of commitment.
I hear what the Minister said about the timing of the funding review and that it would be published after the spending review in November, but nothing that he has said so far has provided any reassurance that even Members of the Commons will have the opportunity to scrutinise the Bill at that stage. Clearly, the outcome of the funding review would need to be before them at the Commons Committee stage for there to be any chance of scrutiny of how the scheme will work in practice. Although I listened carefully to the Minister, I do not believe that he gave such a commitment.
This amendment is not about delaying the Bill. The Minister talked about scrutinising evidence and about consultation. All those things can go ahead as planned and still take place—we have got two years before the implementation date—so I do not believe that what we are asking for is unrealistic. There will be plenty of time before the Bill comes into force to allow the outcome to be published and properly scrutinised by both Houses, so the current rush to the statute book leaves us feeling sceptical about the motives.
I was saddened to hear the noble Lord, Lord Sutherland, comment that he thought that a sustainable funding solution was unobtainable, because the scheme seems untenable in the long term if we do not have that. We cannot have a scheme where the funding is made available for one year and then left to drift for following years, which appears to be what is happening at the moment and is why the sector is so unhappy about the schemes now being funded at a loss. We need a response to that. I respect the views of the noble Lord, but I thought that he was being rather too pessimistic.
We believe that what we are suggesting is fair. It would not alter the implementation date of the Bill, but it would give us more reassurance that the scheme is workable and tenable in the longer term. We are not convinced by the Government’s response and would therefore like to test the opinion of the House.
Baroness Tyler of Enfield (LD)
My Lords, my name is also attached to Amendment 20A. I feel strongly about this issue because a few years ago I chaired a policy working group about how families could balance their working lives with their family commitments. In looking at childcare issues, the three As—availability, accessibility and affordability—were thought to be extremely important, and we are hearing a lot about them today. But something else was felt to be equally important by the people we talked to: flexibility.
I was very taken by some recent research produced by Citizens Advice about the experience of parents in the childcare market, which really highlighted how those children who need childcare at non-typical hours were found to be at a far greater disadvantage, and parents spoke of their “intense difficulty” in finding childcare that worked for them. They often did flexible working hours or shift work, were in low-paid employment and were dependent on public transport. Their experience suggested that it was close to impossible to find childcare before 7 am and after 7 pm on workdays, or at any times at weekends; for some, even finding care outside 9 am to 4 pm was difficult. Childminders were seen as just as inflexible as nurseries. That is why I think it is very important to say something about this in the Bill.
I would just like to respond to the very important point that the noble Lord, Lord Sutherland, has just made because I think it really would be a problem if this applied to every provider, as he said. Clearly, some small providers would not be in a position to do that but if you look at the wording of the amendment, it talks about having that flexibility,
“within the local authority area”,
not in relation to every single provider. That is an important point to stress.
Lord Nash
My Lords, I will concentrate first on the delivery model for the 30 hours of free childcare. The Government are in full agreement with the spirit of Amendment 2 in the names of the noble Lord, Lord Touhig, and the noble Baroness, Lady Jones. We agree that local authorities are best placed to ensure that working parents are able to access 30 hours of childcare free of charge. They have a proven track record in delivering the existing entitlement to 15 hours of free early education, which has a take-up rate of 96% and is well understood by parents and childcare providers. We therefore do not fundamentally want to move away from that approach.
Government Amendment 18 proposes to insert a new clause into the Bill which will provide for the Secretary of State to be able to discharge her duty through local authorities. As the policy statement published on 2 October set out, delivering the extended entitlement through local authorities is the Government’s preferred approach and we intend to exercise the Secretary of State’s power to make regulations to that effect following Royal Assent. Indeed, the Delegated Powers Committee states in its report that it welcomes,
“the Government’s efforts to respond to earlier criticisms”,
and goes on specifically to say that it is now clear that functions in the Bill will be conferred on local authorities. I am pleased to confirm that, further to amendments I will move later this evening, the first set of regulations imposing requirements on local authorities—and all regulations made under the new clause—will be subject to debate before both Houses. At the appropriate time, we will, of course, provide statutory guidance for local authorities on what is expected of them. This guidance will be subject to a public consultation next year.
Of course, Amendment 2, in the name of the noble Baroness, Lady Jones, and the noble Lord, Lord Touhig, is cast slightly differently from the Government’s amendment and would remove the duty on the Secretary of State altogether. The Government do not wish to remove this duty from the Bill, even with very clear intentions that it will be discharged through English local authorities. That is for a very good reason: the manifesto commitment to provide three and four year-olds of working parents with 30 hours of free childcare is a significant one and a priority for this Government to deliver. We know that childcare is the issue for parents, and that it inhibits many from going back to work, or from working more, when they would otherwise choose to do so. For that reason, the Government believe that it is right for the Secretary of State to be named in the Bill because parents will, ultimately, hold her to account for delivery of the entitlement. I am grateful to the noble Lord, Lord Sutherland, for his remarks in this regard.
I can assure noble Lords that the Government are committed to working with local authorities as we develop the delivery programme; now, through the early implementer stage from September 2016, and beyond that into full rollout of the system from September 2017. In answer to the noble Lord, Lord Touhig, I can confirm that we will carry out a full new burdens assessment to ensure that any net additional costs to local government are fully funded. Our officials have met the Local Government Association to discuss this and I thank it for its positive engagement.
The positive intention behind the amendments we have brought forward today does not end there. They are also aimed at providing greater clarity about a range of other matters that were of interest to noble Lords during previous debates on the Bill and removing provisions which were causing noble Lords some concern. First, I am pleased to be able to confirm that government Amendment 12 removes some of the provisions which were of particular concern to noble Lords, for example the wide power to impose obligations on any public body or to reproduce any provision of the Childcare Payments Act. Amendment 18 would replace powers which have been criticised as being too wide in their scope with a more targeted set of powers. In particular, we have taken powers which will enable us to create gateways for government departments and local authorities to be able to share information they hold for the purposes of checking a child’s eligibility for the extended entitlement. Information-sharing gateways will, of course, need to be subject to appropriate safeguards and that is why we are clear that unauthorised, onward disclosure of information obtained through those gateways ought to be subject to a criminal offence, a matter which I will speak to shortly as I know it is of great concern to the House.
Of course, successful delivery of the extended entitlement is not merely about ensuring that children who qualify can be correctly identified. It also means putting in place robust mechanisms to ensure that parents and providers can have confidence in the eligibility-checking system. We recognise that there may be occasions on which parents are not satisfied with a decision made in connection with a child’s eligibility. In these cases, it is right that parents are able to challenge that decision and that is why the Government’s proposed new clause enables them to make regulations providing for a right of review in relation to a determination of eligibility with an onward right of appeal to the First-Tier Tribunal.
I turn to the amendments tabled by the noble Baroness, Lady Jones, and the noble Lord, Lord Touhig, relating to criminal offences. I hope noble Lords will be reassured that government Amendment 18 seeks to draw a clear line between conduct that will amount to a criminal offence and that which will attract a civil penalty. The new clause has significantly narrowed the power for the Secretary of State to create criminal offences and I am pleased to be able to reassure noble Lords that there will only be one new criminal offence in connection with the extended entitlement and that this will align with existing offences for schemes involving information sharing. This reflects the Government’s position that criminal offences should not be created lightly and should be used proportionately. It is also intended to make clear the Government’s intention to ensure that personal information, which will also often be sensitive, is not disclosed to those who have no right to see it.
In relation to the level of sanction for the offence, the term of two years that we propose aligns with that provided for in Section 13B of the Childcare Act 2006. Moreover, it is important to remember that this is not a fixed penalty but a statutory maximum and that ultimately the sanction in any particular case will be a matter for the courts. I reassure the noble Lord, Lord Touhig, that we have no intention of criminalising parents. The Bill creates a criminal offence only where sensitive information is disclosed without authorisation, which is designed to protect parents and their information. Although we have sought to narrow the scope of offences, the Government are clear that there should be the possibility of financial penalties on those who provide false or misleading information, make false or misleading statements or otherwise act dishonestly in applying for the extended entitlement. The maximum amount of any penalty will be £3,000. Again, it is only a maximum and there remains discretion to impose a much lesser penalty, depending on the circumstances. Any proposal to amend the maximum level of the penalty would need to be by affirmative resolution and so subject to debate by this House. I hope that noble Lords will agree that that is a more proportionate approach to tackling any dishonesty on the part of parents or providers seeking to benefit from the extended entitlement than the imposition of criminal sanctions.
I shall now speak briefly to Amendment 20A, tabled by the noble Baronesses, Lady Pinnock and Lady Tyler, which is aimed at ensuring that sufficient flexible childcare is available for working parents. As my noble friend Lady Evans acknowledged in Committee, it is important that the extended entitlement is made available at times which provide sufficient flexibility to parents working outside the hours of 9 to 5 and during holiday periods. I once again reassure noble Lords that we want to build on the flexibility that is already in the system to accommodate out-of-hours childcare and holiday periods. We will set out in in statutory guidance provisions about flexibility which local authorities should consider, as well as work that local authorities can do to enable parents to take the entitlement in a pattern of hours that best meets their needs. This will build on what we say in the statutory guidance for the existing entitlement, and we will ensure that the early implementation pilots focus on the issue of flexibility.
We also want local authorities to work with all forms of providers in their areas, including schools, to ensure that, as far as possible, there is sufficient childcare in their areas which responds to parental demand, including out of hours and during the holidays. Given that many early-years childcare providers open throughout the year, provision during holiday periods is less of an issue for parents of children who have not yet reached compulsory school age, but we acknowledge that more could be done to support parents with school-age children to access wraparound care. That is why we recently announced two new measures which will enable childcare providers to open school sites outside school hours and give parents the right to request childcare. Schools will receive clear guidance on the circumstances under which we will expect them to allow a provider to use their site, and we will also make clear how schools should consider and respond to proposals. These new powers will help with the availability of childcare and demonstrate that the Government are on the side of working families.
In conclusion, I believe that the Government’s proposed new clause in Amendment 18 achieves our shared aim of delivering the entitlement through local authorities. Similarly, Amendments 12, 17 and 18 further address noble Lords’ concerns in Committee about the scope of the powers set out in the Bill. The powers are now more clearly defined and, I hope, offer greater clarity as to how the Government intend to ensure that all eligible children receive the childcare to which they will be entitled.
I hope that noble Lords will feel able to support the Government’s amendments, recognising that we have listened to and taken on board their previous concerns. I also hope that they are reassured that the Government are absolutely committed to ensuring that parents have access to childcare in ways and at times which meet their needs. I therefore urge the noble Lord, Lord Touhig, and the noble Baronesses, Lady Jones, Lady Pinnock and Lady Tyler, not to press their amendments.
Lord Mackay of Clashfern
My Lords, I ask my noble friend whether—assuming that Amendment 18 is agreed to, and not Amendment 2—the Secretary of State will be liable if a local authority fails in some way in its duty under this Bill.
Lord Touhig
My Lords, I thank all noble Lords who have taken part in this very short debate. In response to Amendment 2, the Minister agreed that local authorities were best placed to deliver the additional childcare. It begs the question why the first four words in Clause 1(1) were ever in the Bill in the first place—but that is another matter. I received some reassurance on Amendments 14 and 16, although I am still not entirely convinced. However, we have done our very best to try to improve the Bill on these matters and it is time to cede responsibility for improving the Bill—certainly as far as Amendments 2,14 and 16 are concerned— to those who legislate in the other place. I beg leave to withdraw Amendment 2.
Lord Touhig
My Lords, I thank the Minister for the very helpful meeting he held yesterday, when we had the opportunity to explore a number of issues that have exercised us throughout the passage of the Bill, in particular, the outline of the funding review.
Amendment 11 in this group was much in my thoughts after our meeting and the presentation. I fear that the funding review’s progress and the conclusions it will reach may well be a threat to the existing staff- child ratios, which would be a retrograde step were it to happen. Of course, because the Government, sadly, seem determined to put the cart before the horse—passing legislation through your Lordships’ House and telling us afterwards how it will be funded—I feel I have every reason to be concerned.
Amendment 11 goes to the very heart of the standard of education and childcare that parents can expect, especially those with special educational needs children. While I am the first to recognise that there are many good educators in the childcare education sector who themselves have no formal level 3 qualification—a point well made yesterday by the noble Baroness, Lady Howarth of Breckland—that does not mean we should not seek to do something about that and ensure that everybody has the appropriate qualification. The simple fact is that no one leaving education today will have a job for life. Everyone will have to retrain and upskill in their working lives. If we do not recognise that by ensuring that the first learning and educational experience a child receives in its life is delivered by someone who themselves has been well trained, we start at a disadvantage.
We must be bold in our ambition for our children, and Amendment 11 is surely the foundation of that ambition. That is why we on this side strongly support it.
Lord Nash
My Lords, I will speak to Amendments 3, 5, 11 and 23 regarding the quality of childcare to be delivered under the Bill, staff to child ratios, the workforce, and provision for children with special educational needs. I thank the noble Baronesses, Lady Massey, Lady Tyler and Lady Pinnock, and the noble Earl, Lord Listowel, for highlighting the importance of high-quality childcare and, in particular, the skills and qualifications of the early years workforce, including for children with special educational needs and disabilities.
I reassure noble Lords that we all want childcare that meets the needs of working parents and their children, including those with special educational needs. I have listened carefully to the debate this evening and I completely agree with the points that have been made about the importance of the quality of childcare and its impact on child development. I reassure the House, and particularly all those who have contributed to this debate, that the quality of early education and childcare and the welfare of children remains paramount.
All childcare must be delivered in a safe, secure and welcoming way that contributes to a child’s welfare and their development. The Government believe that the extended entitlement needs to supplement and complement the current early education entitlement. It will need to provide positive and stimulating experiences for children, and staff will need to have the right skills and knowledge to deliver this care. There are a number of aspects to these amendments, each of which I will address in turn.
First, the amendment tabled by the noble Baroness, Lady Massey, seeks to extend the existing ratios for the current 15-hours early education entitlement to the 30-hours childcare entitlement and to set these out in primary legislation. All early years providers registered on the early years register must meet the early years foundation stage framework requirements for welfare and well-being, including ratio and qualification requirements.
The English childcare system has some of the tightest adult-child ratios in the world. For three and four year-olds in group provision there must be one adult for every eight children. Or, where a person with a suitable level 6 qualification is working with the children, a 1:13 ratio can be used. The existing ratios have been set out in the EYFS since 2008 and we are committed to keeping them. I would like to place on record that there are no plans to change the ratios to deliver the new entitlement. I am very clear about this. The Government consider the current approach of using secondary legislation to be the right one for ratios, as was discussed in Committee. Ratios for all providers are already set out in secondary legislation, and this allows for a quick response if changes are needed to keep children safe and well cared for. I hope I have reassured noble Lords on this point and urge the noble Baroness to withdraw her amendment.
“(2A) The conditions mentioned in subsection (2)(d) may, in particular, relate to the paid work undertaken by a parent or partner.
(2B) For the purposes of subsections (2) and (2A), the Secretary of State may by regulations—
(a) make provision about when a person is, or is not, to be regarded as another person’s partner;(b) make provision as to what is, or is not, paid work;(c) specify circumstances in which a person is, or is not, to be regarded as in such work;(d) make provision about the form of any declaration, the manner in which it is to be given and the period for which it has effect.”
“Discharging the section 1(1) duty
(1) The Secretary of State may make regulations for the purpose of discharging the duty imposed by section 1(1) (“extended entitlement regulations”).
(2) Extended entitlement regulations may (amongst other things)—
(a) require an English local authority to secure that childcare of such a description as may be specified is made available free of charge for children in their area who are qualifying children of working parents;(b) make provision about how much childcare is to be so made available for each child, and about the times at which, and periods over which, that childcare is to be made available;(c) make provision about the terms of any arrangements made between English local authorities and providers or arrangers of childcare for the purposes of meeting any requirement imposed under paragraph (a) or (b);(d) impose obligations or confer powers on the Commissioners for Her Majesty’s Revenue and Customs;(e) make provision requiring information or documents to be provided by a person to the Secretary of State, the Commissioners for Her Majesty’s Revenue and Customs or an English local authority;(f) make provision for the purpose of enabling any person to check whether a child is a qualifying child of working parents;(g) for that purpose, make provision about the disclosure of information held by a Minister of the Crown, the Commissioners for Her Majesty’s Revenue and Customs or an English local authority;(h) create criminal offences in connection with the onward disclosure of information obtained under paragraph (g) where that information relates to a particular person and is not disclosed in a way authorised by or specified in the regulations;(i) make provision for reviews of, or appeals to the First-tier Tribunal against, determinations relating to a child’s eligibility for childcare under section 1;(j) make provision for a person specified in the regulations to impose financial penalties on persons in connection with—(i) false or misleading information provided, or statements made or provided, in connection with a determination of a child’s eligibility for childcare under section 1, or(ii) dishonest conduct in connection with the process of making such a determination;(k) require English local authorities, when discharging their duties under the regulations, to have regard to any guidance given from time to time by the Secretary of State. (3) Extended entitlement regulations which impose a duty, or confer a power, on the Commissioners for Her Majesty’s Revenue and Customs, or authorise disclosure of information held by the Commissioners, may only be made with the consent of the Treasury.
(4) In relation to a criminal offence created by virtue of subsection (2)(h), extended entitlement regulations may not provide for a penalty of imprisonment on conviction on indictment greater than imprisonment for a term not exceeding two years (whether or not accompanied by a fine).
(5) If provision is made by virtue of subsection (2)(j)—
(a) the maximum amount of any penalty that may be specified in, or determined in accordance with, the regulations is £3,000;(b) the regulations must include provision enabling a person on whom a financial penalty is imposed—(i) to require a review of the imposition of the penalty or its amount by the person who imposed the penalty;(ii) to appeal against the imposition of the penalty or its amount to the First-tier Tribunal.(6) The Secretary of State may by regulations substitute a different amount for the amount for the time being specified in subsection (5)(a).
(7) In section 15 of the Childcare Act 2006 (powers of Secretary of State to secure proper performance of English local authorities’ powers and duties under Part 1 of that Act) references to Part 1 of that Act are to be read as including a reference to section 1 and this section.
(8) In this section—
“childcare” has the meaning given by section 18 of the Childcare Act 2006;“English local authority” means—(a) a county council in England;(b) a metropolitan district council;(c) a non-metropolitan district council for an area for which there is no county council;(d) a London borough council;(e) the Common Council of the City of London (in their capacity as a local authority);(f) the Council of the Isles of Scilly;“parent” has the same meaning as in section 1;“qualifying child of working parents” has the meaning given by section 1(2).”
Lord Nash
My Lords, this group of amendments concerns the regulations made under the Bill, which will be key to setting out the detail of the new entitlement, including who will be eligible and how it will be delivered. Therefore, I understand noble Lords’ concerns about ensuring that they have a proper opportunity to scrutinise this detail.
There was much interest in the regulations in our earlier debates in this House and in the report by the Delegated Powers and Regulatory Reform Committee. The committee concluded that the scope of the delegations and powers under Clause 1 as drafted were too wide. Given the importance of secondary legislation to the Bill, I am in complete agreement with noble Lords and with the committee’s report that it would be appropriate for regulations to be approved by a debate in both Houses. That is why I have brought forward these amendments, which would require regulations made under Clause 1 and extended entitlement regulations to be laid and approved by each House using the affirmative procedure. I hope this will reassure noble Lords that we have listened. I hope the Government’s amendments will be welcomed.
Amendment 27, tabled by the noble Baroness, Lady Jones, would ensure that a statutory instrument containing regulations in exercise of any power in the Bill would not be made unless a draft of the instrument had been laid and approved by each House; in other words, it would subject regulations to the affirmative procedure each time the regulation-making power was exercised. We believe it is right that initially we should deal with the regulations under the affirmative procedure, rather than the negative procedure as originally planned. However, we do not believe it is necessary to make them affirmative each time.
We need to strike the right balance between the mechanics of the affirmative process—for example, the need to find time in the parliamentary timetable for debates in both Houses, no matter how small the change—and the ability of government to respond efficiently and effectively to support delivery of the new entitlement, should this be necessary. That is why the government amendments in this group envisage that regulations made under Clause 1 and regulations made for the purpose of discharging the Secretary of State’s duty will be subject to a debate the first time the powers are exercised but that subsequent regulations made under the Bill would be subject to the negative resolution procedure.
The exception to this would be in any instances where regulations seek to amend or repeal primary legislation, or in the case of regulations seeking to update the maximum level of any financial penalty set out in the Bill, which would be subject to the affirmative procedure. This follows the precedents of parliamentary scrutiny adopted in childcare legislation or comparable education legislation. The regulations that underpin the current Section 7 entitlement have been subject to the negative procedure since they were introduced in 2008. These have been amended only four times, and each time the changes were subject to a public consultation.
We believe that our approach is the right one. As noble Lords have already heard, we have made great progress since Committee to narrow the scope and clarify the detail of what we will include in the regulations. I also reassure noble Lords that feedback from parents, providers and employers will be taken into account in the development of the draft regulations, and we will wish to draw on the expertise of noble Lords. Furthermore, we have committed to providing a full impact assessment on the extent of the free entitlement, which will be published when we undertake a formal public consultation on the draft regulations in 2016. Following the consultation, we will lay the draft regulations before the House for a full debate before they can be approved and added to the statute book.
I hope noble Lords agree that by the time they are laid, these regulations will have undergone a significant amount of close scrutiny. Therefore, I am confident that we will be able to present a set of regulations to the House that are fair and workable and remain true to the spirit of the Government’s commitment to support and reward thousands of hard-working families. I beg to move.
Lord Touhig
My Lords, I regret very much having to put Amendment 27 before the House but, frankly, the Government leave us no choice. We have seen throughout the passage of the Bill the cavalier attitude the Government have taken—not by the Ministers who have represented the Government in this House, I hasten to add, but by the Government as a whole. In support of that assertion, I quote from the 2nd Report of the Delegated Powers and Regulatory Reform Committee, published on 26 June, which says at paragraph 10:
“We note that the Minister said that ‘the introduction of the Bill, with a strong duty on the Secretary of State, sends a clear message to parents and providers about the Government’s commitment’. That is not, in our judgment, a proper use of legislation: the purpose of an Act is to change the law, not to ‘send a message’”.
Earlier, in paragraph 8, the committee says:
“In our view, the Government’s stated approach to delegation is flawed. While the Bill may contain a legislative framework, it contains virtually nothing of substance beyond the vague ‘mission statement’”.
Finally, in paragraph 9 of the report, the committee states that:
“We do not accept the Government’s attempt to dignify their approach to delegation by referring to a need to consult. We of course acknowledge the need for consultation as a precursor to the formation of policy; but this should in our view have followed the well-established sequence of a Green Paper setting out proposals, followed by a White Paper containing the Government’s legislative intentions, and finally the presentation of a Bill”.
There we have it—that spells out quite clearly how the Government should be presenting legislation to Parliament.
Lord Mackay of Clashfern
My Lords, I have one comment on the report of the Delegated Powers Committee. If all Bills had to be preceded by a Green Paper and a White Paper, there would be a long interval after a general election before there would be any legislation at all. Some people would welcome that but, on the other hand, those who are anxious to fulfil their commitments might not wish to wait that long.
Lord Nash
The Government recognise and understand the expressed views and wishes of the House and the Delegated Powers Committee to be able to debate the regulations in more detail. Our amendments will provide a higher degree of parliamentary scrutiny beyond the original intention. Furthermore, the department will continue to consult on any material changes to the regulations once they have been approved and laid under the negative procedure. We recognise the importance of seeking the views of parents, local authorities and providers. Each time the regulations that underpin the current entitlement have been amended, which is only four times, they have been subject to a public consultation. The current entitlement is subject to a negative procedure and we are not persuaded that this situation is sufficiently different to warrant finding parliamentary time for changes which may be minor. The department will continue to follow this good practice and will consult on any material changes to regulations made under Section 1 and regulations made for the purposes of discharging the Secretary of State’s duty under what will become Section 2. Therefore, in the Government’s view, it would not be necessary to include this type of direction on the face of the Bill. I hope noble Lords will be reassured by my explanation that we have listened to their concerns and taken them seriously. I therefore urge the noble Baroness not to press Amendment 27, and for noble Lords to accept government Amendments 26, 28 and 29.
Higher Education: Part-time and Mature Students
Lord Nash Excerpts(10 years, 6 months ago)
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Baroness Sharp of Guildford
To ask Her Majesty’s Government what plans they have to reverse the decline in the number of part-time and mature students at higher education institutions.
The Parliamentary Under-Secretary of State, Department for Education (Lord Nash) (Con)
My Lords, the decline in part-time and mature students partly reflects dramatic improvements in the job market and the strength of our Government’s long-term economic plan. However, we are committed to helping those who wish to enter higher education. That is why for the first time we have made available non means-tested loans to cover part-time tuition fees. We are also investing in higher level apprenticeships, with 13,200 new starts in the nine months to April this year, compared with just 2,200 in 2010-11.
Baroness Sharp of Guildford (LD)
My Lords, part-time education has traditionally been the route by which those in work have been able to upgrade their skills. We have seen this enormous drop of 55% in the number of part-time students—143,000 people dropping out of part-time education over the last four years since 2010-11. Given that we have an ageing population whom we expect to work ever longer hours, and that, as the CBI reports, there are already skill shortages, does the Minister agree that it is vital for us to retain this route whereby people can upgrade their skills—it is a far more flexible means than apprenticeships—and play a useful part in the economy?
Lord Nash
I agree that we are very keen to stimulate this sector and that is why we have introduced the loan scheme to which I referred. We had a very weak economy, which resulted in a number of employers not funding these schemes. We then had a dramatic turnaround and recovery in the economy, with the creation of 2.5 million new jobs in the private sector, which obviously has had an impact on people deciding what they want to do and what employers will fund. Of course, over 80% of students in part-time education are in work. We are very keen to stimulate demand in the sector. We have written to key players in the sector asking for their thoughts, and we are extremely open to ideas.
Lord Quirk (CB)
Is the Minister aware that the appalling drop in part-time studies affects seriously not only the major providers such as Birkbeck and the Open University but universities across the entire system, where part-time study has been held to be a little marginal and now risks being entirely junked, with the loss of a great deal of useful input into the higher education system? Is he further aware, as the noble Baroness, Lady Sharp, has just said, that at a time when employers are crying out for a flexibly minded, flexibly trained workforce, this is an exact description of the output of part-time students, a third of whom are intent on changing their career as a result of such education?
Lord Nash
I have already made a similar point to the noble Baroness: we are aware of the decline. We are keen to stimulate further but it not just about university education; for instance, our higher and degree-level apprenticeships are the fastest-growing part of our apprenticeships programme. This is all about widening access and helping people to develop the skills they need so that British industry can be competitive internationally. More than half of the people on these courses are over 25.
Baroness Bakewell (Lab)
My Lords, I ask the Minister to address the solution to this problem, which lies within the remit of the Government. I speak as the president of Birkbeck, which has been very badly hit. Part-time education is being prevented from moving forward, and what is needed is the repeal of the 2008 policy that makes equal level qualifications not available for grant. If that folly of a policy was repealed, it would make a huge difference to those coming into part-time education. The Government are missing an important strand of policy, which would bring them great benefit.
Lord Brooke of Sutton Mandeville (Con)
My Lords, can my noble friend remind me which Government were in power in 2008?
Lord Stevenson of Balmacara (Lab)
My Lords, the original Question asked Her Majesty’s Government what plans they had to reverse the decline, which is very substantial. The Minister has offered only one suggestion, which is that loans will be available. Loans, on top of having to raise huge amounts in fees, mean that these students are going to be further in debt. Is that the only proposal he has?
Lord Nash
No, as I have already said, we have the higher and degree-level apprenticeships. We are committed to expanding the apprenticeship programme to 3 million over the next five years, adding to the 2.2 million we have already introduced. These are high-quality apprenticeships, involving employers at every level in curriculum design and delivery methodology. Some 140 trailblazers have already come up with 350 new standards, which have either been published or are in development.
Lord Bilimoria (CB)
My Lords, the questions so far have been about part-time students, and of course Birkbeck does brilliant work on that. The Question also asks about mature students. Can the Minister tell us what sort of funding is available to mature students for postgraduate degrees, particularly PhDs, and is supporting them a government priority? I speak as the chancellor of the University of Birmingham.
Baroness Andrews (Lab)
My Lords, the Minister has alluded three times so far to—
Baroness Brinton
My Lords, the Minister has said repeatedly in answering this Question that the Government want to stimulate the sector. If the issue is that employers will not provide support, what can the Government do to encourage employers to support part-time students, perhaps with some tax relief if they are supporting students gaining high-level qualifications which will benefit their businesses?
Baroness Andrews
My Lords, the Minister has referred three times to the expansion of apprenticeships, which is excellent, but that expansion should not take place at the expense of the destruction of further education. The cuts of 24% in the FE budget and the adult skills budget earlier this year mean a loss of 400,000 FE students in this year alone. How many of those will be in construction, engineering and creative skills—the future of the economy—and how many adults will not be able to access literacy and numeracy? How will that help us build the houses we need and the economy we need, and to get more families into work— the ambition of his Government, as I understand it?
Lord Nash
We have created 2.5 million more jobs in the private sector, which is about 2.5 million more than the Labour Party thought we would create. We fully recognise the importance of further education in getting people the skills they need. That is why we have committed nearly £4 billion in 2015-16 to adult learning and further education, including nearly £800 million to apprenticeships funding.
Creative Sector: Educational Provision
Lord Nash Excerpts(10 years, 8 months ago)
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Lord Aberdare
To ask Her Majesty’s Government how they plan to ensure that the United Kingdom retains its global position in the creative sector in the light of plans announced in June to require all state secondary school pupils to study five English Baccalaureate core subject areas, which exclude any music, arts or culture element.
The Parliamentary Under-Secretary of State, Department for Education (Lord Nash) (Con)
My Lords, all pupils should study a foundation of core subjects, including opportunities to study the arts and creative subjects. The best schools know how to deliver this combination. The creative industries continue to play a major role in our global economy, with the value of services exported totalling £18 billion in 2013 and 1.8 million people employed, which is up by 16% since 2011. EBacc qualifications support the growing creative sector, helping schools to develop well-rounded young people.
Lord Aberdare (CB)
My Lords, the creative sector is indeed a UK strength and a key driver for improving productivity, as evidenced by the growing business demand for creative skills. But the Government’s focus on EBacc subjects is already causing some schools to reduce their provision of creative and cultural subjects, and making the EBacc compulsory is likely to lead to more doing so. Moreover, the take-up of these subjects is often significantly lower among the most deprived students. Why do the Government appear to have moved away from the broader and more balanced Progress 8 approach, which measures schools in eight subject areas, including up to three outside the EBacc subjects? Further, what steps will the Minister take to ensure that students, especially disadvantaged students, do not miss out on studying creative and cultural subjects which are so vital for social mobility and UK productivity?
Lord Nash
We will continue to use Progress 8 as the main accountability measure. GCSE entries in arts subjects in 2014 are actually up 5% on 2012, while the performing arts have nearly doubled. Of course we want all pupils to study a broad curriculum, and in particular the focus should be on enabling disadvantaged children to have access to a wide range of studies. Ofsted will inspect on this.
Baroness McIntosh of Hudnall (Lab)
My Lords, will the Minister take this opportunity to applaud the work of many arts organisations? I should declare an interest as a member of the boards of the Royal Shakespeare Company and the Roundhouse in Camden. The education work delivered not only by the large organisations but also by many smaller ones across the country is of outstanding quality. Does he agree that they find it dispiriting and difficult when they discover that actually there is a diminution of interest in the creative subjects in a number of schools, and that they do not get quite the response they once did to the programmes they offer? Does he think that that is really a good idea?
Lord Nash
I do applaud the work of the organisations referred to by the noble Baroness, but the statistics are quite clear. Uptake of GCSE subjects is expanding. All pupils take on average nine GCSEs, and with Progress 8 we hope to encourage pupils to study a broad curriculum with arts subjects.
Lord Baker of Dorking (Con)
Is my noble friend aware that schools up and down the country are reducing their curriculum very significantly in order to concentrate on the academic subjects included in the EBacc? That is the case not only in the arts and culture; virtually all technical studies below the age of 16 have now disappeared in our schools. In design and technology, an important subject introduced into the curriculum in 1988, the numbers have fallen in each of the last five years both for GCSE and at A-level. What our students need in most of our schools is a much wider range of studies.
Lord Nash
One has to look back to where we have come from. Under the Labour Government, the number of pupils studying a core suite of academic subjects collapsed from 50% to 22% as the Labour Government perpetuated the scandal of equivalents. I make no apologies for the EBacc. We are now back to 39% of pupils taking these core subjects which are acknowledged to give pupils, particularly those from disadvantaged backgrounds, the cultural capital that they need.
The Lord Bishop of Peterborough
My Lords, does the Minister agree that education is about not just national productivity but the whole of human flourishing? The arts, music and cultural subjects in general are essential to that.
Lord Addington (LD)
My Lords, will the Minister give us an answer which refers to the emphasis that should be placed on encouraging voluntary activity? It has been encouraged by all Governments, and so much is done in the voluntary sector. What are we doing to encourage people to get a good grounding so that this thing which lightens up our lives is encouraged?
Lord Nash
All good schools will encourage their pupils to engage in these activities. It is all part of a well-rounded education. We are seeing this across the board. We are also seeing the creation of new free schools that focus specifically on arts and music. We have the East London Arts and Music Academy, the Plymouth School of Creative Arts, and my noble friend Lord Baker will be pleased to hear that we have a number of UTCs specialising in creative and digital media.
The Earl of Clancarty (CB)
My Lords, does not the Minister agree that the point about a truly rounded school education is not only that it is a good in itself, but that it is the very thing that employers demand?
Baroness Farrington of Ribbleton (Lab)
My Lords, will the Minister reflect further on the intervention of his noble friend Lord Baker? I remember the noble Lord as Secretary of State when I chaired an education authority. Will the Minister please go away and consider the importance in the Government’s strategy of looking carefully at those subjects—design and technology—in detail to see what has happened to them? I did not always agree with the noble Lord, Lord Baker, but I agree with him that too many able pupils do not exercise the right basic education to go forward in the way the Government want with design and technology and all those subjects.
Lord Cormack (Con)
My Lords, I endorse very strongly what my noble friend Lord Baker of Dorking said. Will the Minister agree that in the 21st century no country can really claim to call itself civilised unless every pupil leaves school with a knowledge of music, the arts, and the history of the country?
Lord Touhig (Lab)
My Lords, if the Minister walks through the Members’ Cloakroom he will see a bag—I think it is on the peg of the noble Lord, Lord Colwyn—emblazoned with the words, “Music makes the world a better place”. The Secretary of State for Education seems to agree because in a recent speech she revealed that she used to sing with the City of London Choir. In the same speech she said that every young person should,
“have the opportunity to discover how the arts can enrich their lives”.
Given this enthusiasm for culture, why are the Government deliberately excluding study of the arts from the English baccalaureate?
Lord Nash
All the evidence from around the world is that pupils need a core suite of academic subjects to engage their intellect and curiosity, so that they will then want to study a broader and more cultural range of subjects. We are investing heavily in music hubs, and I go back to my point that the take-up in EBacc is driving a much richer and more cultural curriculum in schools.
Children’s Centres
Lord Nash Excerpts(10 years, 8 months ago)
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Baroness Massey of Darwen
To ask Her Majesty’s Government how many children’s centres have closed in the last three years, how many are likely to close during the next year, and what assessment they have made of the impact of such future closures on families.
The Parliamentary Under-Secretary of State, Department for Education (Lord Nash) (Con)
My Lords, since 2013, 214 children’s centres have closed, and from 2010, 705 additional sites have opened. Any closures come from local authorities merging centres to allow services to be delivered more efficiently. What matters most is not the number of buildings but how families benefit from services, and a record number of more than 1 million parents are doing so. The department does not collect information on the number of anticipated closures but expects local authorities to ensure that they meet the needs of local families. This week we will announce a consultation on how we can maximise the impact of children’s centres to ensure that they continue to help the families most in need.
Baroness Massey of Darwen (Lab)
I thank the Minister for that response and welcome the consultation, but I am sure that he would agree that it is not just the number of parents and children attending that matters but the depth and breadth of the quality of children’s centres, which is falling, as are the numbers being opened. Is he aware of a recent report by the National Children’s Bureau and the Child Poverty Action Group on children’s centres, which said that the early intervention grant to local authorities has dropped by 55% since 2010? Can he assure me that the Government are still keen to support parents and children?
Lord Nash
I am aware of the report that the noble Baroness refers to. The overall pot for early intervention has grown to £2.5 billion, and we give councils the freedom to use their funds in the way that will best meet the needs of their community. I was delighted to see that the report referred to by the noble Baroness recommends that local authorities should share effective approaches, because it is about innovation. We have seen quite a lot of that around the country. Staffordshire, for instance, has introduced family hubs; Hertfordshire has introduced Family Matters meetings; in Islington they have a First 21 Months programme, which improves communication between children’s centres, GPs, midwives and health visitors; and in Newcastle they have introduced community family hubs.
Lord Storey (LD)
The Minister will be aware of the evaluation of children’s centres being carried out by his own department and Oxford University. That report has shown that the most valued services after play and learning are those related to health—health visitors, midwives and clinics. Is it possible for him to talk to his colleague Minister about how he can ensure that these much-needed services are provided in the most disadvantaged areas so that it will not be as much of a lottery as to whether they are there or not?
Lord Nash
My noble friend Lord Prior has already given an excellent answer in which he mentioned the 10% increase in midwives and the 4,000 increase in health visitors. Of course, from September of this year public health commissioning for children under five will go to local authorities; I am sure that that will help the matter.
Lord Sutherland of Houndwood (CB)
My Lords, the Minister rightly stressed the role of children’s centres in dealing with the special needs of families and children. Will the same principle of targeting inform the Government’s plans for rolling out the extra 15 free hours of childcare?
Lord Touhig (Lab)
My Lords, every farmer in the House will know the phrase, “Do not eat the seed-corn”. If you do, you will survive this year, but next year you will starve, because nothing new has been planted. That is just what the Government are doing by cutting funding to children’s centres: they are eating the seed-corn. For short-term financial gain they are storing up problems for the future. The closure of children’s centres is a malign act and, frankly, very stupid. Therefore—patience, patience; the noble Lord’s time will come—can the Minister say whether the Government will accept that investing in our children’s future by funding children’s centres should be a national policy objective, not left to the whims and vagaries of local councils, many of which have huge financial budgetary problems?
Lord Nash
I accept the importance of the matter, and I was delighted to see the ECCE survey, which showed that 98% of parents were “happy” or “very happy” with the services provided by their children’s centre. I know that the Labour Party likes to hark back to a golden age of Sure Start, but in 2009 the National Audit Office reported that children’s centres then were failing to reduce inequality and many were unviable, and Ofsted reported at the same time that half were not reaching out to vulnerable families. It is essential that we reach out to vulnerable families and that the facilities are tailored in the most flexible way to reach the families who need them.
The Earl of Listowel (CB)
My Lords, can the Minister say what targeted services and support are offered to homeless families who may not be able to access children’s centres?
Lord Nash
Of course I empathise with the practical challenges that such families face. Housing authorities and children’s services work together locally to ensure that the needs of children in homeless families are met. This should include the role that local children’s centres can play in supporting such families. The Housing Act places a duty on authorities to co-operate with social services in situations where children may be made homeless intentionally or may be threatened with being made homeless intentionally.
Baroness Turner of Camden (Lab)
My Lords, what arrangements have the Government made for regular reporting back by local authorities about the provision of children’s centres? At the moment there seem to be no national arrangements made by government for reporting back on what is provided.