Education and Adoption Bill

Natascha Engel Excerpts

Wednesday 16th September 2015 Commons Chamber

[Kevin Brennan (Cardiff West) (Lab)]

I beg to move, That the clause be read a Second time.

[Madam Deputy Speaker (Natascha Engel)]

With this it will be convenient to discuss the following:

New clause 2—Schools with an inadequate Ofsted judgement—

‘(1) Where, in a report of a school made under section 5 of the Education Act 2005, Her Majesty’s Chief Inspector of Education, Children’s Services and Skills states that in his or her opinion—

(a) special measures are required to be taken in relation to the school, or

(b) the school requires significant improvement

the following actions will be taken.

(2) The Regional Schools Commissioner must consult with the local authority, any trustees or persons representing foundations associated with the school and, in the case of an academy school, the person with whom the Secretary of State has made Academy arrangements, about the school’s governance arrangements.

(3) If the school is a local authority maintained school, then the Regional Schools Commissioner may determine that section 5 (consultation about conversion) applies.

(4) If the school is an Academy school, then the Regional Schools Commissioner may consult with the Secretary of State about whether or not to terminate the school’s academy arrangements with a view to the school being established as a local authority maintained school or by the Secretary of State making Academy arrangements with another person.

(5) For the purpose of this Act, the Regional Schools Commissioner is an official appointed by the Secretary of State, except in the area of a combined authority, and if so requested by the combined authority or mayor, the Regional Schools Commissioner is a person appointed by the combined authority or mayor under arrangements made under Part 6 (Economic Prosperity Boards and Combined Authorities) of the Local Democracy, Economic Development and Construction Act 2009 as amended by the Cities and Local Government Devolution Act 2016.”

Schools which receive an inadequate Ofsted judgement may require changes to their governance arrangements. The new clause addresses weaknesses in the Bill by inserting a new clause 7 which removes the assumption that there is only one form of governance suitable for such schools by requiring a local discussion about what is best for such a school and the area the school serves.

New clause 3—Schools causing concern: involvement of parent—

‘(1) The Education and Inspections Act 2006 is amended as follows:

(2) After section 59 insert—

“59A Duties of Secretary of State, local authorities, and proprietors to parents when a school is eligible for intervention

When a school is eligible for intervention, the Secretary of State, the local authority, school governing body and proprietor must exercise their functions with a view to involving parents of registered pupils in decisions relating to the school under this Part and the Academies Act 2010.”

(3) In section 59 (Meaning of “maintained school” and “eligible for intervention”)—

(a) in subsection (1) after (c) insert—

“() an Academy school”

(b) after subsection (2) insert—

“(3) In this Part, references to the governing body of an Academy school are to be read as references to the proprietor of an Academy school.

(4) If an Academy school is found to be eligible for intervention under this Part, then the school is to be treated as a maintained school for the purposes sections 63 to 69, and the governing body is the proprietor of the Academy school. For the avoidance of doubt, an intervention under sections 63 to 69 takes precedence over any provision of the Academy arrangements made between the Secretary of State and the proprietor.”

(4) In section 60 (Performance standards and safety warning notice) in subsection (6) at end insert—

“(e) the parents of registered pupils”

(5) In section 60A (Teachers’ pay and conditions warning notice) in subsection (6) at end insert—

“(c) the parents of registered pupils”

This new clause requires parents be involved in decisions about the future of their children’s schools.

New clause 4—Consultation with school community about identity of Academy sponsor—

After section 5A of the Academies Act 2010 insert—

“Consultation with school community about identity of Academy sponsor

‘(1) This section applies where an Academy order under section 4(1)(a) or (1)(b) has effect in respect of a maintained school.

(2) Before entering into Academy arrangements in relation to the school the Secretary of State must consult the following about the identity of the person with whom the arrangements are to be entered into—

(a) the school’s governing body;

(b) the local authority;

(c) the Chief Inspector of Education, Children’s Services and Schools;

(d) parents of registered pupils at the school;

(e) the teaching and other staff of the school, and

(f) any other such persons as he thinks appropriate.

(3) As part of the consultation, the Secretary of State must publish all correspondence held by her relating to her choice of the proposed Academy sponsor.”

The new clause would require consultation with a school’s community before a decision on the Secretary of State’s preferred choice of a school’s sponsor is made. This new clause also requires publication of full information about the reasons for the Secretary of State’s choice.

New clause 5—Inspection of Academy sponsors—

Before section 9 of the Academies Act 2010, insert—

“8A Inspection of Academy sponsors

(1) The Chief Inspector of Education, Children’s Services and Skills may inspect the proprietor of an Academy school in the performance of the proprietor’s functions under the Education Acts, the Academy agreement entered into by the proprietor, and any ancillary functions.

(2) When requested to do so by the Secretary of State, the Chief Inspector must conduct an inspection under this section in relation to the proprietor specified in the request.

(3) Such a request may specify particular matters which the Chief Inspector must inspect.

(4) Ancillary functions shall include any function that may be carried on by a local authority.

(5) Before entering into Academy arrangements in relation to a school to which an Academy order under section 4(1)(a) or (1)(b) has had effect with an Academy proprietor with whom the Secretary of State has existing Academy arrangements in relation to one or more other schools, he must receive a report from the Chief Inspector on the overall performance of the proprietor in performing their functions.”

The new clause would make provision for the bodies which run Academy schools to be inspected. This new clause also requires Ofsted to report on the performance of an Academy chain before the Secretary of State uses his powers to make an Academy order.

New clause 6—Information on performance of academy proprietors—

‘(1) The Academies Act 2010 is amended as follows.

(2) After section 11(1)(b) of the Academies Act 2010 insert—

“(c) the performance of Academy Proprietors and academy chains in regards to their management of academy schools, including the impact of this management on educational performance of such schools.””

Section 11 of the Academies Act 2010 requires the Secretary of State to prepare and publish an annual report on academy arrangements and on the performance of academies. The new clause aims to require the report to cover the performance of academy proprietors and academy chains in regards to their management of academy schools.

New clause 7—Performance of academy proprietors—

‘(1) When deciding whether to make an academy order in relation to a particular school, the Secretary of State shall have regard to any information on the proposed academy proprietor and, if applicable, the academy chain to which it belongs, which has been gathered—

(a) in order to prepare reports under subsection (1) of the Academies Act 2010, and

(b) in the course of any Ofsted inspection of any school run by the proposed Academy proprietor or of the academy chain to which it belongs.

(2) The Secretary of State shall only appoint an academy proprietor for a new academy if the proprietor, and if applicable, the chain to which it belongs, has a proven record of success in improving schools which are comparable to the school to which the proposal relates.

(3) The Secretary of State shall by regulations define “proven record of success”.”

The new clause would require the Secretary of State to have regard to the information about an academy proprietor and its relevant academy chain before appointing it as an academy proprietor for a new academy.

New clause 8—Inspection of academy chains in England—

‘(1) The Education and Inspections Act 2006 is amended as follows.

(2) After section 136 insert—

“136A Inspection of academy chains in England

(1) The Chief Inspector may inspect the overall performance by an academy chain in England.

(2) The Secretary of State may require the Chief Inspector to conduct an inspection in relation to a particular academy chain.

(3) When requiring an inspection under subsection 2, the Secretary of State may specify matters which the Chief Inspector must inspect.

(4) The Secretary of State may by regulations define an “academy chain”.

(5) Regulations under subsection 4 may set out the activities of academy chains that may be subject to inspection under this section.”

(3) In section 137(2)(a), after “authority”, insert “or academy chain”.

(4) In section 137(3), after “authority”, insert “or academy chain”.

(5) In section 137(4), after “authority”, insert “or academy chain”.

(6) In section 137(5), after “authority”, insert “or academy chain”.”

This new clause would permit the Chief Inspector of Ofsted to inspect academy chains, and give the power to the Secretary of State to order such inspections. It would also entitle academy chains to receive the report following an inspection, and require them to prepare a written statement setting out the action they will take in light of the report.

New clause 9—Right of appeal against an academy order—

After section 5 of the Academies Act 2010 insert—

“5A Right of appeal against an academy order

(1) An academy order appeal committee shall be established to hear appeals against decisions of the Secretary of State to make an academy order in a particular case.

(2) The following persons shall have the right to appeal to the academy order appeal committee:

(a) parents of children at the school, and

(b) staff of the school.

(3) The Secretary of State shall by regulations define the powers and remit of the academy order appeal committee.”.”

This new clause would provide for a right of appeal against an academy order.

Amendment 1, page 1, line 1, leave out clause 1.

Clause 1 to be replaced with new clause (Schools where people do not fulfil potential).

Amendment 12, page 1, line 1, leave out clause 1.

This amendment would remove the clause that establishes that “coasting” schools shall be eligible for intervention.

Amendment 8, page 1, line 16, clause 1, at end insert—

‘(3) The governing body must inform the parents of registered pupils that the school has been notified that it is coasting.”

The amendment extends the duty to inform parents to those whose children attend the new category of coasting school.

Amendment 13, page 2, clause 2, leave out line 42.

This amendment would retain the right of a governing body of a school to make representations to the Chief Inspector at Ofsted in response to a warning notice, and the obligation of the Chief Inspector to consider such representations and give to the governing body and the local authority notice of his decision whether or not to confirm the warning notice.

Amendment 2, page 6, line 2, leave out clause 7.

Clause 7 to be replaced with new clause (Schools with an inadequate Ofsted judgement).

Amendment 14, page 6, line 2, leave out clause 7.

This amendment would remove the duty on the Secretary of State to make an academy order where a school is eligible for intervention because it requires significant improvement or it requires special measures.

Amendment 11, page 6, line 8, clause 7, at end insert—

‘(A2) If requested by a relevant—

(a) local education authority, or

(b) local admission forum,

The Secretary of State may include in such an order provision for the school to adopt selective admission arrangements such as would fall under section 104(2) and sections 105 to 109 of the School Standards and Framework Act 1998 (“SSFA 1998”).

(A3) Section 104(1) of SSFA 1998 is amended as follows—

For subsection (1), substitute “If requested by a local education authority or local admission forum, the Secretary of State may by order permit a school to adopt selective admission arrangements falling under subsection (2) and sections 105 to 109.”

This amendment would allow the Secretary of State to provide for new academies established under this part of the bill to have selective admissions arrangements but only in circumstances where a local education authority or local admissions forum had requested it.

Amendment 15, page 6, line 16, clause 8, after “consult”, insert

“parents of children at the school, staff of the school and”.

This amendment would ensure that parents and staff of the school are consulted before a school is converted into an academy.

Amendment 16, page 6, line 16, clause 8, after “such”, insert “other”

This amendment is consequential to amendment 15.

Amendment 9, page 6, clause 8, leave out lines 18 and 19 and insert—

‘(3) If an Academy order under section 4(A1) or (1)(b) has effect in respect of the school, the Secretary of State must convene a meeting of parents of registered pupils to explain the implications for the school being subject to such an order and take account of the views of parents in respect of the future governance of the school.”

This amendment requires the Secretary of State to convene a meeting of parents where the Secretary of State determines, or is required to, force Academisation.

Amendment 3, page 6, line 19, clause 8, leave out “4(A1) or”

A consequential amendment to new clause (Schools with an inadequate Ofsted judgement).

Amendment 4, page 6, line 26, leave out clause 9.

A consequential amendment to new clause (Schools with an inadequate Ofsted judgement).

Amendment 10, page 6, line 39, clause 9, at end insert—

“(d) the parents of registered pupils”

This amendment requires the Secretary of State to consult parents on the identity of an Academy sponsor where forced Academisation is proposed.

Amendment 17, page 6, line 39, clause 9, at end insert—

“(d) the parents of children of the school,

(e) the staff of the school.”

This amendment would require parents and school staff to be consulted about the identity of an academy sponsor prior to academy arrangements being entered into.

Amendment 18, page 7, line 16, leave out clause 10.

This amendment would remove the clause that provides that where a school is the subject of an Academy Order, the governing body and its relevant local authority must facilitate the school’s conversion into an academy.

Amendment 5, page 7, line 20, Clause 10, leave out “4(A1) or”

A consequential amendment to new clause (Schools with an inadequate Ofsted judgement).

Amendment 6, page 7, line 33, clause 11, leave out “4(A1) or”.

A consequential amendment to new clause (Schools with an inadequate Ofsted judgement).

Amendment 7, page 8, line 5, clause 12, leave out “4(A1) or”.

A consequential amendment to new clause (Schools with an inadequate Ofsted judgement).

[Kevin Brennan]

I apologise in advance for my slightly croaky voice.

It is good to return to the Bill, which we considered in Committee before the summer recess. We tabled more than 80 amendments, none of which was passed, despite the cogency of our arguments and the excellent drafting. We therefore find ourselves having to submit further new clauses and amendments on Report, given our continued view that the Bill is badly drafted and ill thought through.

Before I deal with the details of new clause 1, let me take this opportunity to welcome my hon. Friend the Member for Manchester Central (Lucy Powell) to her new position. We have worked together before, and I look forward to her term of office first as shadow Secretary of State and then, in the not-too-distant future, as Secretary of State. She is the fifth Labour Secretary of State or shadow Secretary of State for Education under whom I have served, in government and in opposition.