Academies Bill [Lords]

Debate between Lord Soames of Fletching and Nick Gibb

Monday 26th July 2010 Commons Chamber

[Mr Gibb]

I think I have taken the hon. Lady’s point. Requiring a ballot of all parents of pupils at the school would unduly politicise the process and would enable those who are ideologically opposed to academies—I do not accuse the hon. Lady of that—to use the process either to agitate against the proposals or to try to delay the implementation of the decision. That would place unnecessary burdens on the governing body of the school.

Amendment 10 relates to the financial interest of governors. I reassure the Committee that there are restrictions on people taking part in the proceedings of governing bodies of maintained schools. They are clearly set out in the well-known School Governance (Procedures) (England) Regulations 2003, which provide that where there is a conflict between the interests of any governor, associate member or head teacher and the interests of the governing body that person must disclose the interest, withdraw from the meeting and not vote. If one of those individuals has a financial interest in any matter, he or she must disclose it, withdraw from the meeting and not vote. If there is any dispute as to whether a person must withdraw, the other governors must decide on the matter.

There are important safeguards that apply both before and after conversion to academy status. They mean that there is no need for an amendment specifically to disallow a governor from leading the consultation, as under existing law governors cannot participate in decision making on issues that concern their remuneration or benefit. That is a fundamental principle of charity law, and all academies are charities. I can also confirm that the model articles of association ensure that no governor can make any financial gain in his or her role as a governor.

[Nicholas Soames (Mid Sussex) (Con)]

Will the Minister clarify that, by and large, these proceedings and procedures have worked very well and have presented very little difficulty in this regard?

[Mr Gibb]

Yes, my hon. Friend makes a very good point. The type of people who become school governors are motivated by one issue only—the school of which they are governors; they want to raise standards and are concerned about that school.

Several amendments—including amendments 78, 77, 9 and 86—would require the governing body of a maintained school to consult on their proposals to become an academy before applying for an academy order. Clause 5 requires, as I have said, that the governing body of the school

“must consult such persons as they think appropriate”

on the proposed conversion. The consultation may take place before or after an application for an academy order has been made in respect of the school or after an academy order has been granted. This will allow each school to determine when it has sufficient information on which to consult and at what point during the application process it wishes to do so. Schools are, after all, in the best position to determine when and how consultation should best take place, and they may not want to approach parents or others until they have firm proposals.

The only requirement is that the consultation must be held before the funding agreement is signed, since at that point the school will be legally committed to the conversion process. Academy orders, though a step along the way, are not irreversible and we therefore believe that there is still value in a school consulting after an order has been made. At that point, the school is in no sense bound to convert, so it is not the case that any consultation of parents or others would either be not meaningful or too late, as the hon. Member for Gedling (Vernon Coaker) suggested it would be in last week’s debate.