Academies Bill [HL]

Lord Puttnam Excerpts

Wednesday 7th July 2010 Lords Chamber

[Lord Hill of Oareford]

My Lords, Amendment 22 provides that an annual report should be made to Parliament on the quality of SEN provision in academies and seeks to ensure that academies are effectively doing their fair share. As we have discussed, I have sympathy with those aims but I believe that they will be delivered through different processes. Academies will continue to be, as they currently are, accountable for making provision for children with SEN and subject to the same accountability mechanisms as maintained schools. These mechanisms include published Ofsted reports that give judgments about the quality of SEN provision; the publication of attainment data, including for SEN pupils; and school census returns from which comparable data are published about the numbers of SEN pupils, including those with statements, in different types of schools. There will not be any reduction in the amount of information about academies that we make public but, as regards the report to Parliament—which we have spoken about in a different context—we want to reflect on the quality of SEN provision in academies.

On Amendment 44A, I take the points that have been made about design. I apologise to the noble Baroness, Lady Whitaker, that she has not had her letter sooner. We have been awaiting the announcement of an independent review of capital investment—this relates to the point made by the noble Lord, Lord Howarth—which is due to report to Ministers in mid-September. As the noble Lord pointed out, that review will include consideration of school design requirements and school premises regulations. I know that both noble Lords have strong views on that—the noble Lord, Lord Howarth, also has strong views about its membership—and their points on the design aspect ought to be made to the review. I am sure they will be. I accept totally the case that has been argued that the environment in which learning takes place must be conducive to education as far as possible, and that good quality buildings, classrooms and equipment are necessary for children to learn and to ensure that school is a place where they feel happy and secure in their learning.

No one is arguing for unnecessarily prescriptive building and design requirements—this may be a point made to me by the noble Lord, Lord Howarth, in a different setting—particularly in times of straitened financial conditions. The balance must be to ensure that we have effective regulation which delivers the design features that noble Lords have talked about but which is not bureaucratic, cumbersome and wasteful. There is a balance to be struck and we need to consider the evidence on it.

The core point is that it is our intention that the same standards should apply to academies as to maintained schools. As my noble friend Lord Wallace said in Committee, all schools are required to comply with the requirements of the Disability Discrimination Act 1995 to draw up and implement accessibility plans which provide for the implementation of improvements to school premises to accommodate existing and future disabled pupils within a reasonable period.

Amendments 45 and 46 would require academies to alert local authorities when a pupil is identified with SEN. This is already a requirement on academies. Section 317 of the Education Act 1996 imposes an obligation on governing bodies of maintained schools to use their best endeavours to ensure that special educational provision is made. That would include notifying the local authority where necessary. Obligations under Section 317 are replicated in the current academy funding agreements and will continue to be replicated in the new academy arrangements. I can pick up on more detailed points with my noble friends.

I turn briefly to Amendment 52, tabled by the noble Lord, Lord Low. I understand the purpose of the amendment, but there are legal reasons, as we touched on earlier, why the Secretary of State cannot take powers to vary the contracts unilaterally. They have been entered into willingly by both parties, so the retrospective change that the noble Lord, Lord Low, requests would be difficult. My main concern in thinking about SEN has been to ensure that, where there is a policy change and where there could be a reasonable number of schools converting, all those new academies are put on an equal footing. I believe that we have achieved that. It is a significant step forward which I know has been welcomed by the noble Lord. Existing academies which move to the new model funding agreement will also have to comply with our new requirements. Not all existing academies will have to wait for the whole period. Those which move to a slim-line funding agreement will automatically be covered by the new requirements.

I hope that that has dealt with the main points that have been raised.

[Lord Puttnam]

I thank the Minister for giving way. Perhaps I may make a general point which I suspect the noble Lord, Lord Baker, and the noble Baroness, Lady Perry, whose experience is greater than mine, would agree with. Teachers are peculiarly sensitive people. They are used to being let down; they are used to being underappreciated. I used possibly the wrong word earlier when I said that a lot of what is going on at the moment is clumsy. I cite an example that my noble friend Lord Howarth mentioned. Use of Dixons and Tesco as advisers on school building gives the impression that there is an interest in shelf space as opposed to aesthetics. That is not a good impression. I suggest to the Minister—who has done very well during the passage of this Bill—that at every single turn he thinks through the message that is being sent out to the professionals. It is very important that the Secretary of State’s intent is understood, that it is couched in terms that they can empathise and sympathise with and that they do not feel that they are being bullied or taken advantage of.

[Lord Hill of Oareford]

I take the point that the noble Lord makes; I take also his point about aesthetics. He and the noble Lord, Lord Howarth, mentioned Tesco. I had better not be drawn into commenting on its designs since it has kindly agreed to serve on the review, but one thing that I know about it is that it is brilliant at finding ways of delivering what it is tasked to deliver in the most efficient and cost-effective way, learning each time and driving down costs. If one can find an approach that does not send those messages about aesthetics but enables us to deliver more well-designed school buildings for a lower cost, and if, as some people allege, Building Schools for the Future has been running 30 per cent over budget—