Education and Adoption Bill

Nick Gibb Excerpts

Tuesday 23rd February 2016 Commons Chamber

[The Minister for Schools (Mr Nick Gibb)]

I beg to move, That this House agrees with Lords amendment 1.

[Madam Deputy Speaker (Mrs Eleanor Laing)]

With this it will be convenient to consider the following:

Lords amendments 2 to 6.

Lords amendment 7, and amendments (a) to (d) thereto.

Lords amendment 8, and amendment (a) thereto.

[Mr Gibb]

I am pleased to welcome the Education and Adoption Bill back to the House for consideration of amendments made in the other place. As a result of the careful scrutiny of both Houses and the strong advocacy of my noble Friend Lord Nash, the Bill returns to the House in good shape and with the potential to ensure that many more children and young people have the opportunity to realise their full potential.

Since 2010, educational standards in England have risen rapidly, and 1.4 million more pupils are now taught in schools that are judged by Ofsted to be good or outstanding. More than 80% of our schools are now good or better. Further improvements are required, however; 1.5 million pupils are still taught in schools that Ofsted judges to be less than good. To deliver educational excellence in every part of the country, we need a school system that consistently delivers high academic standards. This Bill brings forward important reforms to raise standards across the country. It will speed up the process by which failing maintained schools become sponsored academies, introduce new measures to allow us to intervene in coasting schools for the first time and ensure that we have consistent powers to take swift and decisive action when academies underperform.

Alongside reforms to improve school standards, the Bill introduces a reform of the adoption system so that more of our most vulnerable children can find stable, loving homes without delay. The way the sector has embraced the challenge of regional adoption agencies has been impressive, and my hon. Friend the Minister for Children and Families has recently announced that future funding will be available to support the sector during the transition. The move to regional adoption agencies is a widely supported manifesto commitment, and I have been delighted to see the support from across the House and in the other place for the Government’s vision. I am pleased to confirm that the adoption clause, clause 13, stands unchanged from when the Bill was first introduced.

There are eight Lords amendments to the education provisions for the consideration of the House, and the Labour party has proposed changes to two of the Lords amendments. All eight of the Lords amendments were either Government amendments or amendments that were supported by the Government, and each was accepted by all sides in the other place without a Division. I hope that we will be able to reach the same conclusion today.

Lords amendments 1 to 5 relate to coasting schools. I want to speak to the most substantive amendment in the group first, Lords amendment 5, regarding parliamentary scrutiny of the coasting regulations. The Government recognise the importance of Parliament scrutinising the detail of the coasting definition. Lords amendment 5 therefore requires that coasting regulations to be made under the Bill will be subject to the affirmative procedure the first time they are laid. Subject to parliamentary timetabling, we hope that that will take place once the 2016 performance data have been published and before any school is formally identified as coasting for the first time. In making the change, the Government have listened carefully to the concerns raised in both this House and the other place regarding appropriate parliamentary scrutiny of the coasting definition.

Subjecting the regulations to the affirmative procedure when they are laid for the first time represents the most proportionate approach. It will allow both Houses to scrutinise and approve the detail of the final coasting regulations without creating an ongoing burden on parliamentary time. Minor and technical changes could be required to the regulations following the publication of school performance data, which currently takes place twice each year, or as a result of changes to the layout or content of performance tables. Such changes would of course be uncontroversial, but if the regulations were subject to the affirmative resolution procedure each time we made such changes, they would require a full debate in both Houses. Under the negative procedure, Members of both Houses can still call a debate should they have any concerns about the changes proposed.

Lords amendment 1 seeks to improve the drafting of the Bill and to remove any unintentional element of subjectivity that could be read into its original wording. The original text states that a school will be eligible for intervention when it has been notified that the Secretary of State “considers” it to be coasting. We have been clear from the outset that we want schools to be certain about whether or not they meet the coasting definition. That is why our proposed definition is firmly based on school performance data. To ensure that schools are not left in any doubt about this, Lords amendment 1 proposes to revise the wording of clause 1 to remove the term “considers”. In doing so, it clarifies that whether or not a school is coasting is based on the absolute terms of the definition.

Lords amendment 2 provides the Secretary of State with the power to disapply the coasting clause of the Bill from certain types of schools. As currently drafted, the Bill would apply to all maintained schools, as defined in the Education and Inspections Act 2006, including special schools and maintained nursery schools. We have no intention of applying the coasting definition to some of those schools, such as maintained nursery schools, which is why we have proposed this change.

Lords amendment 3 would change the Bill’s wording to ensure the Secretary of State must make regulations to define coasting. Amendments seeking this change were tabled by the Labour party in this House, and the Government supported the amendment when it was brought forward in the other place. It has always been our intention that coasting regulations be made, and this Lords amendment will remove any doubt.

The final amendment to the coasting schools clause, Lords amendment 4, is consequential to Lords amendment 1, and is a technical change to ensure correct cross-referencing within the clause. Lords amendment 6 is also a consequential and technical amendment to make explicit two further sections of the Education and Inspections Act. I will not go into any further detail about that.

Lords amendment 7 will ensure that parents are kept informed when their child’s school is causing concern. Their ability to understand the action that is being taken to bring about improvements has been an important issue throughout the passage of the Bill. In response, the Government brought forward Lords amendment 7, which we hope will provide assurance that parents will always be kept informed when underperforming maintained schools are becoming sponsored academies.

Every parent wants their child to attend a good school. It is right that they demand quick, effective action when concerns arise. We are clear that becoming a sponsored academy will always be the solution for a maintained school that is judged inadequate by Ofsted. The Bill delivers on our manifesto commitment in that respect.

[John Pugh (Southport) (LD)]

The Minister mentions parents. Does the balance of the Bill not concern him in that it gives at least seven new powers to the Secretary of State, but not one new power to parents?

[Mr Gibb]

The amendments we are debating give parents an additional entitlement to receive communication from the new sponsor of an academy while the process is being undertaken. We are unapologetic about the powers we are taking in the Bill, because we want to tackle all failing schools from day one when they become failing. That was in our manifesto, so this Bill is helping us deliver yet another manifesto achievement.

[Mike Kane (Wythenshawe and Sale East) (Lab)]

Does the Minister not worry that there is no proper procedure for a good school to decouple from a failing multi-academy trust? Time and again in my constituency, we see MATs that are not doing so well. I do not want to name the schools, but the Secretary of State knows about them because I have written to her personally about the issue. There is no proper procedure for such schools to decouple and we need one.

[Mr Gibb]

The hon. Gentleman raises an important point, but the regional schools commissioners, of which there are eight around the country who know the local conditions and the local schools, will take action—indeed, they are taking action—when a multi-academy trust is failing to raise standards in its schools. We have taken action over 120 times to remove schools from multi-academy trusts that have not been delivering the support and sponsorship that we seek.

Once a sponsor has been identified for a failing school, it is commonplace for the sponsor to engage with parents about its plans for the school to ensure that they know what to expect. Often, parents are given the opportunity to share their views about any changes that the sponsor proposes to make. Lords amendment 7 will ensure that there is greater consistency for parents because the sponsor that is identified to take over a maintained school that is eligible for intervention will always be required to communicate to parents its plans for improving the school before the school is converted into a sponsored academy.

The hon. Members for Manchester Central (Lucy Powell), for Scunthorpe (Nic Dakin) and for Manchester, Withington (Jeff Smith) have proposed four amendments to Lords amendment 7 that would replace the requirement on the proposed sponsor to communicate information about its plans to parents with a requirement for sponsors to consult parents about their improvement plans. I hope the House will recognise that that proposed change is more than just semantics. To ensure that underperforming schools are turned around as quickly as possible, clause 8 removes the requirement to consult on whether the school should become an academy so that that process cannot be misused to delay decisive action.

[Nic Dakin (Scunthorpe) (Lab)]

rose—

[Mr Gibb]

The Government consider that to be an important step that will allow failing schools to begin receiving the expert leadership and support that the hon. Gentleman seeks from day one.

Underperforming schools are carefully matched to sponsors. Trusting educational professionals to improve schools based on their experience and expertise is central to the academies programme. The proposal to impose a requirement on sponsors to consult parents about their plans to improve a school would represent a return to the rigid approach that allowed vested interests to prevent sponsors from taking decisive action and to delay the process of transformation.

[Lucy Frazer (South East Cambridgeshire) (Con)]

Does my hon. Friend agree that the Government’s proposals offer flexibility? Although there is no obligation to consult and discuss, it is always open to the regional schools commissioner and the school to discuss the issue and consult as much as possible. For example, there is a school in special measures in my constituency, and the regional schools commissioner and I have had a meeting with parents to discuss the situation at the school and the potential new sponsor. It is always open to those who are involved in education to consult as widely as possible.

[Mr Gibb]

My hon. and learned Friend is right, and nothing in the Bill prevents any amount of consultation, or a new sponsor from talking to staff, parents and so on. The amendment imposes a requirement on sponsors to communicate with parents. Elsewhere the Bill also prevents ideologically driven organisations and community groups that are determined to prevent a failing or underperforming school from becoming an academy from doing so. We will not tolerate failure in our school system, and we want to take action from day one.

[Nic Dakin]

Nobody will tolerate failure in schools. Will the Minister provide evidence of where the consultation has resulted in obstruction by vested interest?

[Mr Gibb]

In Committee I gave the hon. Gentleman and other members of the Committee ample illustrations of that. One example was Downhills school in Haringey, which was deeply underperforming. The process of conversion to an academy—it is now run by the Harris Federation—was drawn out, which delayed improvement in that school. It is now a highly performing primary school in Haringey, and it provides a much better quality of education. I hope that the hon. Gentleman does not want such a process to be delayed in future.

Amendment 8 relates to underperforming academies. We have always been clear that we will tackle under- performance wherever it occurs, whether in a maintained school or an academy. We recognise, however, that our formal powers on failing and coasting academies vary depending on the terms of an academy’s funding agreement. In some cases, particularly in earlier academies, that can restrict our ability to take action as strongly or as swiftly as we would want. Regional schools commissioners already take swift and effective action to secure improvements in a minority of academies that underperform. We have issued 134 formal notices to underperforming academies and free schools, and we have moved to change the sponsor in 124 cases of particular concern.

[Andrew Gwynne (Denton and Reddish) (Lab)]

The Minister will know that I have an academy in my constituency, which my middle son attends. It was an excellent school when he started out, but unfortunately it began to require improvement and is now inadequate—indeed, Ofsted is there today. The regional schools commissioner has no powers to intervene in that academy, so will the Minister clarify that these powers will give Vicky Beer, the north-west regional schools commissioner, the powers she needs to go in and sort out the school?

[Mr Gibb]

The hon. Gentleman gives an example of where such powers are needed. Regional schools commissioners are industrious and energetic in tackling underperformance in academies, but some have older funding agreements. The new funding agreements have explicit powers for the Secretary of State to intervene, and amendment 8 seeks to give the powers of the Secretary of State, and through her the regional schools commissioners, to all academies, even those with old funding agreements that do not have the powers to intervene.

In practice, Lords amendment 8 will mean that when an academy’s performance meets one of two triggers in legislation—an inadequate Ofsted judgment or performance that falls within the coasting definition—its funding agreement will be read as having broadly the same provisions as apply to failing and coasting schools in our latest model funding agreement. That will give regional schools commissioners consistent powers to move a failing academy swiftly to a new sponsor, and to require a coasting academy to demonstrate that it can make sufficient improvement. The same coasting definition will apply to academies and maintained schools, and where an academy is coasting, as with a maintained school, it will be given the opportunity to demonstrate that it can improve sufficiently.

[Andrew Gwynne]

Does the Minister also recognise, when the regulations are drawn up, that it is possible for a school to be “coasting” at what appears to be a relatively high level, but that nevertheless the children are underperforming compared with what they should be achieving?

[Mr Gibb]

Yes. Again, the hon. Gentleman makes a very good point. The definition of coasting incorporates a progress measure, because schools that on the surface may look as though they are performing well could easily fall within the definition of coasting when we look at the progress the children in that school make. We are determined that every child, regardless of starting point, will fulfil their absolute potential. Whether they are high performing or struggling, all pupils deserve the best education possible. That is the purpose behind using a progress measure in the definition of coasting.