Academy Status (Haringey)

Nick Gibb Excerpts

Thursday 12th January 2012 Commons Chamber

[The Minister of State, Department for Education (Mr Nick Gibb)]

I congratulate the right hon. Gentleman on securing the debate. I know he has a close personal and constituency interest in the issue.

Last June we made it clear that our absolute priority is to turn around underperforming primary schools by finding new academy sponsors for them. Our motivation is simply to raise standards for children. We want to find lasting solutions to underperformance so that all children have the same opportunities in life—opportunities that are enjoyed by children in areas neighbouring Haringey.

The 2011 key stage 2 tests show that Haringey primary schools went backwards, dropping 4 percentage points and taking them below the national and London averages in English and maths. Haringey primary schools are the worst performing in inner London. They have the highest number of primary schools currently below the floor—

[Mr Lammy]

Will the Minister give way?

[Mr Gibb]

If I may, I should like to make some progress. The right hon. Gentleman has had plenty of chances to make his point—

[Mr Lammy]

Will the Minister give way?

[Mr Gibb]

I will give way very briefly.

[Mr Lammy]

I must ask the Minister to correct his use of the term “inner London”. The Department does not categorise Haringey schools as inner London schools, and it certainly does not fund them as such. Will he also confirm that the performance of the Isle of Wight, the Medway towns, Peterborough and Norfolk are all below that of Haringey, and tell us whether he will be seeking to ensure that they, too, will be forced to have academies?

[Mr Gibb]

On the right hon. Gentleman’s first point, we agree with him that the funding system, which we inherited from his Government, is unfair and opaque. We want to increase its transparency, and we have put out a new approach for consultation. We will report on that in due course. We are taking action against all underperforming schools in the country. We are working co-operatively with local authorities that are co-operating with us. A different approach is being taken by Haringey, however, and that is why there is a difference in this particular instance.

[Mr Lammy]

I think that the leader and the chief executive of Haringey council would want me to place on record that they have been very co-operative with the Department in holding conversations about this matter. The Minister will know that the mainstay of resistance in Haringey has come from the schools themselves.

[Mr Gibb]

That is very good to hear.

I should like to continue with the point that I was making. Haringey has the highest number of primary schools currently below the floor, out of all London authorities, and 12 primary schools there have been below the floor for three or more of the past six years. Demographically similar local authorities such as Hackney, Camden, Newham, Southwark and Tower Hamlets all outperform Haringey at primary school level.

The floor standard is a basic acceptable level of performance by a primary school. For the record, a school is below the floor if fewer than 60% of pupils are achieving level 4 or above in English and maths or failing to make average progress in English and maths. Insisting that schools educate their pupils to level 4 standard is not a huge objective; nor is it unachievable. Level 4 involves just the basics. To achieve a level 4 in reading, pupils need to be able to interpret and understand the meaning behind a simple story. In maths, all that is required is to be able to understand simple fractions and to add, subtract, multiply and divide without the help of a calculator.

It is unacceptable that so many children in Haringey are being let down. As the right hon. Gentleman said, if a child leaves primary school without the basics, they will struggle at secondary school and throughout life. Those pupils face real disadvantages when starting secondary school and have extreme difficulty in catching up later.

In my right hon. Friend the Secretary of State’s speech last week at Haberdashers’ Aske’s Hatcham college, he said that pupils cannot read to learn if they have not learned to read. They cannot begin to deal with more advanced mathematical concepts, or with physics or chemistry or any number of other subjects, if they have not grasped the fundamentals of arithmetic. No matter how good a secondary school is, there is a limit to the extent to which it can pick up the pieces. It is for that reason alone that we want to take action to secure sustainable improvements in a number of Haringey’s underperforming schools.

[Mr Lammy]

Will the Minister give way?

[Mr Gibb]

I will not, if the right hon. Gentleman does not mind, because I want to continue to make my argument and address the points that he has made.

Those are schools whose history of underperformance and ability to sustain improvements are causing us real concern. Downhills primary school was judged inadequate by Ofsted in 2002 and placed in special measures. It came out of special measures three years later in 2005, but improvements were not sustained, and in January 2010 it was again judged inadequate by Ofsted and required significant improvement. Key stage 2 results show that the school has failed to meet the floor standard since 2005. In 2011, 61% of pupils achieved level 4 or above in English and maths, with the other 39% of pupils failing to achieve that basic level. I am sure that the right hon. Gentleman will agree that it is unacceptable for any school to have a large proportion of its pupils failing to achieve minimum standards year after year. We know that those standards can be met, however.

[Mr Lammy]

rose—

[Mr Gibb]

Let me make this final point before giving way. We know that that can be done. There are schools across London with intakes as challenging as those in Haringey, with proportions of pupils on free school meals and where English is not their first language, that are performing well above the standard. Let me cite one school I have visited in Tower Hamlets. In Osmani primary school, for example, 95.8% of pupils have English as an additional language and 58% are eligible for free school meals, yet that school has 88% achieving level 4 in English and maths. That is what we want to see happening in Haringey.

[Mr Lammy]

We all want to see that, but I say again to the Minister that in the boroughs that he prays in aid, each pupil is funded a great deal more than pupils in the London borough of Haringey. Why does he imagine that we do not need extra teachers and extra support to bring up those pupils’ standards, but that a structural change into an academy will fix that problem? Will he say something about why the structural change per se will fix that problem? Where there are academies that are failing—and there are—what will he do about it in five years’ time, given the autonomy that academies have?

[Mr Gibb]

I have to say that the academies programme was inherited from the right hon. Gentleman’s Government, as indeed was the funding system. Academies have made a tremendous difference in transforming underperforming schools, especially in secondary schools where this approach has been applied. The professionals have autonomy and new leadership is brought in. It has worked in practice.

Let me make one or two things clear to the right hon. Gentleman. First, no decision about any school in Haringey has been taken at this stage. Officials have met the local authority regularly since July and they have met the relevant head teachers and chairs of governors in October, offering to visit any school wanting a further conversation. At all stages we have been clear that our goal is school improvement, and that we believe that the best route for achieving that is through schools becoming sponsored academies. We have sought to work with the local authority and schools to find solutions on which everyone can agree, as we have done successfully in many parts of the country, and as we continue to do successfully throughout the country.

I agree about the importance of consulting the governing body, and this is why officials sought another meeting with each school in early December asking for their views on these proposals. The schools in Haringey have been given time to provide representations to the Secretary of State on his proposed action. Before giving us their views, we fully expect them to engage with the wider school community. We have already received a number of representations from parents, governors and the local community, both in support of and against the approach we are taking in Haringey, which we will take into consideration. When we have the representations from the schools, we will take a final decision and inform them. It would therefore be inappropriate and premature for me to comment further on the specific Downhills case until we have fully considered all those representations and the circumstances of the case.

[Mr Lammy]

Will the Minister confirm that the officials gave the governing body three weeks in which to find a sponsor—three weeks in which to go out and find some captain of industry to take over the school?

[Mr Gibb]

Discussions with the local authority have been going on in Haringey since July, and this is part of that process.

Let me say that this is not happening in Haringey alone. The last Government opened 203 sponsored academies and we have opened another 132 since the election. We are working with local authorities across the country to secure better outcomes for their pupils by transforming these underperforming schools. Over 300 schools have now opened as sponsored academies, a further 1,194 have converted to academy status, and more than 700 maintained primary schools are either open to becoming academies or in the pipeline. Those range from small rural primaries to large urban primaries such as the 843-pupil Durand school in south London.

I would like to assure the right hon. Gentleman that we recognise the real effort that the governing bodies and staff of schools are making to improve the standards of education at their schools in the most challenging of circumstances. We want to help schools that, despite the best efforts of the staff, are struggling to sustain improvements. We believe that substantially different solutions are required—solutions that will help the most disadvantaged pupils to succeed. Academy status led by a strong sponsor is the best way of providing quick and sustainable improvements in order to prevent more children from leaving the school without at least the basic literacy and mathematical skills.

Academy status has been very successful; it is a tried and tested model. A large body of evidence of pupil performance and independent reports show that the academy model—

Technology (Primary Schools)

Nick Gibb Excerpts

Wednesday 11th January 2012 Westminster Hall

[The Minister of State, Department for Education (Mr Nick Gibb)]

I congratulate my hon. Friend the Member for Southport (John Pugh) on securing this important debate and on his interesting opening speech. He need not apologise to my hon. Friend the Member for Grantham and Stamford (Nick Boles) or me for a second contribution on educational matters—these are important issues and it is always a pleasure to hear what he has to say.

My hon. Friend the Member for Southport is right to say—we need to reiterate this—that design and technology is absolutely not just an alternative for those young people who are not academically inclined; it is an important subject in its own right. Indeed, the expert panel that we appointed to look into evidence from around the world for our national curriculum review recommended in the report that we published before Christmas that design and technology should become a basic curriculum subject, with greater freedom for schools to teach what they want, free from the constrictions of a programme of study, to encourage innovation and an individual approach. The national curriculum review will consider that before providing final recommendations to the Secretary of State.

My hon. Friend has strong views about the importance of technology in primary schools and schools in general, and has voiced his concerns about the risk that too rigid a policy on the provision of technology to schools can stifle the very innovation that we all seek. Of course, technology can never supplant good teaching, but the effective use of digital technology can support good teaching and help raise standards in schools. We need to support the effective and innovative use of technology in schools, with good practice being developed and shared between them. That means not only exposing children to technology and encouraging them to feel comfortable with it, but promoting technology as a useful tool in itself and as a means to help develop general teaching in schools.

We do not seek to micro-manage the application of technology. As we stressed in the schools White Paper, it is for individual schools to identify their own needs and to address them as they think best. We need to encourage and enable teachers to take better advantage of the great opportunities presented by the burgeoning range of digital technologies, and to use them to improve their teaching and efficiency.

As my hon. Friend has said, the Secretary of State emphasised the fact that technology is a priority in his speech to the Schools Network conference last month and at the BETT technology show this morning. Like me, he wants to encourage the innovative use of technology both within and beyond the classroom. We need to equip our pupils with the technical skills and the knowledge to meet the needs of the 21st-century workplace.

This country has an exemplary record on the use of technology in schools. There is on average one computer for every seven primary school pupils, and one for every three in secondary schools. Primary schools spend an average of £12,400 each year on information and communications technology, and an additional sum of almost £1,500 on software and content. No one should doubt the importance that we attach to the use of technology to support our teachers.

I recognise that some will fear that the passing of Becta, to which my hon. Friend referred, has left a gap in the provision to schools of specialist advice on technology. We are in a period of transition, but this should be seen as an opportunity for the commercial sector and professional organisations to adapt their services to fill that gap.

My hon. Friend has spoken about the curriculum. We are in the process of reviewing both the national curriculum and the suite of qualifications. I think that we all agree that the current ICT curriculum, to which he has referred, is in need of an overhaul. It is outdated and needs to be reformed. We see the teaching of technology-related knowledge and skills as an important part of a broad and balanced curriculum that schools offer their pupils, but it is also our belief that, in a fast-moving and continuously evolving area such as ICT and technology in general, central Government are not necessarily best placed to define the knowledge that pupils need to acquire. As my hon. Friend has said of the early career of Bill Gates, he did not learn the skills that he used to build the Microsoft empire from technology lessons at school. He had a general, good education and he used it to develop his own work in understanding computers and software.

I have been fortunate over the past few months to meet representatives of those who work in the industry, particularly the ICT industry, who are concerned about the lack of a rigorous foundation in programming and the consequences of that for the wider economy. They are persuasive advocates and their detailed submissions to the national curriculum review have been very welcome.

As my hon. Friend has mentioned, the Secretary of State addressed the BETT technology show and took the opportunity to announce that the Department for Education will shortly open a consultation on the withdrawal of the existing national curriculum programmes of study for ICT from September this year. This is an interim measure that is intended to give schools more flexibility to develop their own programmes of study to meet the needs of their pupils more effectively. This move may have come as a surprise to many people, and we recognise that we are taking a wholly new approach.

[Mr Graham Stuart]

Will the Minister give way?

[Mr Gibb]

I will happily give way to my hon. Friend, the Chairman of the Select Committee on Education.

[Mr Stuart]

I am grateful to the Minister. I, too, have met, in recent months, representatives who have made an impressive case. Can he explain—because I do not know the answer—why, until last year, there was not a single computer science GCSE? All we had were programmes of study and qualifications in, as he has said, operating programmes. The actual educational material was not in the courses. Why was that? How did we get into that position, and how will we make sure that we will not allow such things to happen in future?

[Mr Gibb]

My hon. Friend is right and that situation undermines the status of ICT. We have seen that in the GCSE figures. In 2000-01, something like 95,200 people took the GCSE in ICT, and last year that figure went down to 31,800, so something has gone very wrong with the content of the specification in ICT GCSE and in the programmes of study that were in recent reviews and that have led to this problem. There is a widespread belief that the existing programmes of study for the subject lack ambition, and that they serve to inhibit schools from engaging with innovative and inspiring ICT initiatives. We have heard that from so many sources—from teachers and pupils, from industry and, indeed, from my hon. Friend just now.

Some of the biggest names in the computer-related industries have told us that, in its current form, ICT is turning pupils away. That, in turn, is hampering the development of more relevant ICT-related GCSEs, with a focus on the more rigorous disciplines of computer science programming. That has had disastrous consequences for our digital industries, which face ever-increasing competition from emerging economies all around the world.

Eben Upton, a computer science academic at Cambridge university, was reported in yesterday’s Guardian as saying of applicants for degree courses whom he was interviewing:

“None of them seemed to know enough about what a computer really was or how it worked…Children were learning about applications, which are pretty low-value skills. They weren’t being properly equipped to think about how computers are programmed…Computing wasn’t being seen as the exciting, vibrant subject it should be at school—it had become lack-lustre and even boring.”

Our proposed change to the ICT curriculum will offer a chance for the subject to be rejuvenated, freeing teachers to explore and innovate, and hopefully to inspire a new wave of pupils to pursue computing and ICT. We need highly-skilled programmers if we are going to continue to compete in today’s and tomorrow’s markets, which will be increasingly dependent on, and driven by, the new digital technologies.

That is why the Secretary of State made the announcement that he did this morning. Pending the outcome of the national curriculum review, ICT will remain compulsory at all key stages in schools and it will be taught at each stage of the curriculum. The existing programmes of study will no longer be compulsory, but they will still be readily available for reference purposes on the web, although no school in England will be required to follow them. Subject to the consultation, from September this year, all schools will be able to use whatever resources they choose to teach the subject, and there is a wide range of excellent materials to choose from. I know that industry and specialist organisations, such as the British Computer Society, e-skills UK and Naace are already working on an alternative ICT and computing curriculum.

[John Pugh]

The worry is that we will go from one phase of prescription to another phase of prescription. We will not get back the days when young men came in and programmed BBC Micros on BASIC and such things, and got very excited about it. Technology is changing enormously. Years ago, if someone in the computer industry was asked about the key skill required, they would have said, “Keyboard skills,” yet touch-screens and so on will make those very skills obsolete. The model that the Minister is suggesting, which involves not only advice from above but interaction from below, is probably the right way forward.

[Mr Gibb]

I am grateful for my hon. Friend’s support for the radical notion of removing the programme of studies. As the Secretary of State said this morning:

“Imagine the dramatic change which could be possible in just a few years, once we remove the roadblock of the existing ICT curriculum. Instead of children bored out of their minds being taught how to use Word and Excel by bored teachers, we could have 11 year-olds able to write simple 2D computer animations using an MIT tool called Scratch”—

History Teaching

Nick Gibb Excerpts

Tuesday 10th January 2012 Westminster Hall

[The Minister of State, Department for Education (Mr Nick Gibb)]

I congratulate my hon. Friend the Member for Kingswood (Chris Skidmore) on securing this debate, which has been of high quality throughout. All contributions to it were valuable. My hon. Friend is a firm supporter of recognising the importance of history in schools and has played an active role in highlighting some key issues relating to this subject, including in his excellent recent report, which paints a worrying picture of the decline of history in our schools.

I strongly agree with my hon. Friend’s view that teaching history should form a key part of a child’s education. As young people develop, taking on the rights and responsibilities of adulthood, they need a good understanding and appreciation of how and why our systems of democracy and justice were developed and established. They also need to understand the aspirations and values that motivated our predecessors to create the society in which we live today.

I agree with my hon. Friend the Member for Blackpool North and Cleveleys (Paul Maynard), who made an excellent, gripping contribution to this debate, that history is a body of knowledge that allows us to understand where we are. The study of history is also an important academic discipline in primary schools and at key stages 3 and 4 at secondary school. As well as providing knowledge, as my hon. Friend the Member for Gillingham and Rainham (Rehman Chishti) set out in interventions, it helps to develop pupils’ skills at reading, précising text and essay writing, which cannot just be left to the English curriculum in a school. It is about developing the skills of scholarship, which are important in a school career.

My hon. Friend the Member for Kingswood has written a number of excellent history books, including studies of Edward VI and Queen Elizabeth I. He would therefore have been as shocked as me to find that, in a survey of history undergraduates entering a Russell group university, only one in three knew who the monarch was during the armada. In the same survey, almost 90% of the undergraduates could not name a single British Prime Minister from the 19th century. Professor Matthews, who conducted the survey, said that the students were

“studying at one of the Russell group of universities, on courses where the entry requirement is an A and two Bs at A level, which probably places them in the top 15% of their generation in terms of educational qualifications. This implies that, all things being equal, 85% of my undergraduates’ age group know even less than they do. In other words, we are looking at a whole generation that knows almost nothing about the history of their (or anyone else’s) country.”

As my hon. Friend highlighted in his report, the decline in the number of pupils taking history GCSE in this country is a matter of concern. In 1995, more than 223,000 pupils, representing nearly 40% of pupils, were taking history GCSE. By 2010, this figure had dropped by more than 25,000, so it is now only 31% of pupils, or just less than a third, taking the subject. If we scrutinise that decline further, as my hon. Friend has, we see a worrying trend around the clear divisions in GCSE take-up between different types of school and pupil background and in whether they are eligible for free school meals. As the hon. Member for Stoke-on-Trent Central (Tristram Hunt) said, a potential class divide is being created in this country with the subjects that are being studied.

For example, nearly 20% more pupils in the independent sector study history than pupils in maintained schools. My hon. Friend’s report also highlighted the links to deprivation reflected in the take-up of history at GCSE. For example, in 2010 only 25% of black pupils took history GCSE compared with 31% of white pupils; only 18% of pupils eligible for free school meals studied the subject at GCSE level, which is 13% less than the percentage take-up for pupils overall, at 31%. The decline in the study of history has also been reflected in further and higher education, with the proportion of students opting for A-level history remaining static for a number of years. Enrolments in history at university are well below the average compared with other subjects.

I agree with my hon. Friend that the current history curriculum does not give pupils a grasp of the narrative of the past. Last year’s Ofsted survey of history teaching in schools, to which he referred, supports that view. It found that in primary schools, although pupils generally had good knowledge of particular topics and episodes in history, chronological understanding and the ability to make links across the knowledge gained were significantly weaker. It is also clear that many schools are spending less time teaching history. In the recent Historical Association survey of secondary school history teachers, lack of teaching time was the most frequently cited issue that teachers raised about key stage 3, which the hon. Member for Stoke-on-Trent Central, who I am glad to see is back in the Chamber having met his constituent, mentioned in his excellent contribution. Part of the problem is that GCSE history is too narrowly focused, with exam choices clustering around certain topics such as the American west 1840 to 1895 or the Third Reich, which has been referred to by many hon. Members. Exams have a significant influence over what is taught, so it is no surprise that pupils have huge gaps in their knowledge of our national story and a disconnected sense of narrative.

There are also issues with teacher training. Last year’s Ofsted report also cited that in most of the primary schools visited, there was not enough subject-specific expertise or professional development to help teachers to be clearer about the standards expected in the subject. I hope that we agree that it is fundamental that a greater emphasis is needed on knowledge and content in the current school curriculum, which is why we have launched a review of the national curriculum.

[John Pugh]

The Minister has mostly outlined the decline in history as taught in all sorts of schools. Will he touch on the causal factors? He has not explained what appears to be an appreciable decline, as documented by the hon. Member for Kingswood (Chris Skidmore).

[Mr Gibb]

There are all kinds of reasons why the decline has happened. It could be, for example, because of the move to a more skills-based approach. History might be regarded as a tougher subject in which to achieve the grades that a school feels that it needs to achieve to maintain or increase its position in the school league tables. We have had a concern for a number of years about the move to what are called softer subjects in order to boost league table positions, and history could well have been a victim of that process.

The new national curriculum will be based on a body of essential knowledge that children should be expected to acquire in key subjects during the course of their school career. It will embody for all children their cultural and scientific inheritance, and it will enhance their understanding of the world around them and expose them to the best that has been thought and written. We are engaging with a wide range of academics, teachers and other interested parties to ensure that the new national curriculum compares favourably with those of the highest performing countries in the world.

[Sir Bob Russell]

As yet there has been no reference to the importance of local history being taught in our schools. How will that fit in, when schools are clearly being directed towards history that fits the exams?

[Mr Gibb]

Those are precisely the issues for consideration by the national curriculum review.

I know that my hon. Friend the Member for Kingswood would like history to be compulsory to 16, which is one of the things that the national curriculum review will consider. As I said at the outset, it is clear that some subjects, such as history, which all pupils should have a good grasp of, have been less popular choices at GCSE. The Government therefore want to encourage more children to take up history beyond the age of 14, particularly among disadvantaged pupils and certain ethnic groups. That is why we introduced the English baccalaureate, which will recognise the work of pupils who achieve an A* to C in maths, English, two sciences, a language and either history or geography, to encourage more widespread take-up of those core subjects, which provide a sound basis for academic progress.

The English baccalaureate has already had a significant impact on the take-up of history: according to a NatCen survey of nearly 700 schools, 39% of pupils sitting GCSEs in 2013 in the schools responding will be taking history GCSE, up eight percentage points and back to the 1995 level of history uptake. There are clear benefits to pupils in taking the subjects combined in the E-bac. Pupils who have achieved that combination of subjects have proved more likely to progress to A-level than those with similar attainment in different subjects in the past. They have also attempted a greater number of A-levels and achieved better results. We are also committed to restoring confidence in GCSEs as rigorous and valued qualifications. We will reform GCSEs to ensure that they are more keenly focused on essential knowledge in those key subjects, and with exams at the end of the course to support good teaching and in-depth study.

To refer to the questions of the hon. Member for Cardiff West (Kevin Brennan), what we want to achieve from the national curriculum review is a curriculum that is so good that the academies will want to adopt it, albeit not being compulsory. The national curriculum also does feed in to statutory testing, in maths and English at the end of key stage 2 and the GCSE specifications.

[Kevin Brennan]

Is the Minister considering writing into funding agreements the requirement that academy schools should teach the national curriculum?

[Mr Gibb]

No, that would obviate some of the freedoms and the whole essence of academy schools. The funding agreements require the teaching of maths, science and English to 16, thus making them compulsory, but the application of the national curriculum is not compulsory for academies, although it feeds into the specification that determines what is tested and assessed through the GCSE system. In that sense, there is an imperative for schools to teach those subjects.

The essence of the national curriculum review is to produce a curriculum that is on a par with the best in the world, based on evidence of what is taught in those jurisdictions that have the best education systems and against whom graduates from this country’s schools will be competing for jobs in the future. The national curriculum, which will be published and available to parents, will be of such a quality that it will become the norm and the benchmark against which parents will judge the quality of their schools.

Finally, I want to touch on the part that teachers play in our school systems as far as history is concerned.

[Jim Sheridan (in the Chair)]

Order. We now come to the next debate.

Financial Education

Nick Gibb Excerpts

Thursday 15th December 2011 Commons Chamber

[The Minister of State, Department for Education (Mr Nick Gibb)]

May I start by apologising for having been a couple of minutes late to the debate?

It is a pleasure to follow the hon. Member for Darlington (Mrs Chapman). She is right that an investment in knowledge pays the best interest—certainly better than the interest that some of my retired constituents are receiving on their bank balances at the moment. She made an important point, and I hope that the national curriculum review will ensure that our new national curriculum increases the amount of knowledge that children receive.

I congratulate my hon. Friend the Member for North Swindon (Justin Tomlinson) not only on his balanced and passionate speech but on his leadership, along with my hon. Friend the Member for Brigg and Goole (Andrew Percy), of the all-party group on financial education for young people. I thank the all-party group for its report on financial education in the curriculum. Both have been powerful advocates of the cause, and together with Martin Lewis have managed a powerful and effective campaign. I look forward to hearing from my hon. Friend the Member for Brigg and Goole later if he catches your eye, Madam Deputy Speaker.

Martin Lewis is an energetic and highly effective campaigner for financial education in schools, the result of which has been an e-petition with more than 100,000 signatures. From meeting Martin Lewis recently, it is clear to me how passionately he believes in the importance of financial education for young people to help them deal with the complexities and dangers of money and debt management. I know that the all-party group has also been well supported by the Personal Finance Education Group, which has worked for a number of years to promote and develop finance education in schools.

The Government are currently conducting two reviews—that of the national curriculum, which of course includes the core subject of mathematics, which is a cause about which my hon. Friend the Member for South West Norfolk (Elizabeth Truss) is passionate, and that of personal, social, health and economic education, which includes financial capability. The all-party group’s report provides important insights and recommendations to both reviews, and the Government are grateful to it for its thorough and high-quality report. We will examine it very carefully indeed.

I know that we all agree about the importance of good-quality personal finance education and the critical role played by a sound grasp of basic mathematical skills. Support from the finance industry and a range of good resources play their part in supporting schools to teach pupils how to manage their money well.

It is true that young people are growing up in a materialistic world for which they are often not fully prepared. As my hon. Friend the Member for Devizes (Claire Perry) said, the “Got to have it now” culture means that young people have high aspirations for branded or designer goods, often without the means to pay for them. They have unrealistic expectations about the lifestyle that they can afford, which are fuelled by the glittering trappings of celebrity.

My hon. Friend the Member for North Swindon made the important point that our generation—I like to associate myself with his generation—was cushioned from its financial mistakes by rising house prices, which provided equity to pay off consumer debts. That is not available to the current generation.

We all have a job to do in moving young people’s aspirations away from that empty and often destructive perception of what success means. Our determination to raise academic standards in all schools and for all young people, regardless of their background, is about high achievement and stretching aspirations. Developing children’s intellectual capabilities and interests is a direct antidote to materialism. Alongside that, young people must acquire a sense of responsibility. They need to contribute to society as responsible citizens and not take wild risks. They need to learn to live within their means.

[Kevin Brennan]

I understand why the Minister will not today give us the conclusions of the curriculum review that is under way, but does the first key recommendation of the report—that personal financial education should be a compulsory part of every school’s curriculum, which I take to mean all taxpayer-funded schools, including free schools and academies—fall within the terms or the remit of the curriculum review and the review of PSHE?

[Mr Gibb]

We made it very clear when we announced the review of PSHE education in schools that it is not possible for PSHE to become a statutory element of the national curriculum. However, it is in the remit of the review to recommend that elements of PSHE should be compulsory if it believes that strongly.

[Kevin Brennan]

Just to be clear, does that include making those elements compulsory in free schools and academies?

[Mr Gibb]

The national curriculum applies only to maintained schools. The rules that apply to academies go through their funding agreements. The review will consider that issue. The extent to which those elements will apply to academies depends on the funding agreements, which maintains the approach to academies taken by the previous Government.

[Tessa Munt]

Might one solution be to ensure that young people, as they pass through the curriculum stages from primary through to university education, have some form of examination—a module could be included in the examination process—that allows them to show some level of expertise in such life skills, which they will need to take forward? I have a passion for middle schools, so I suggest that that should happen when children are aged from nine to 13. In that way, whatever course they choose after the age of 13, be it vocational or academic, they will at least have proven that they have those life skills.

[Mr Gibb]

My hon. Friend makes an interesting point. Those are the kind of issues that the PSHE review will consider. We want to ensure that the quality of PSHE teaching in our schools improves. That is the key driver of the review.

The hon. Member for Darlington quoted Benjamin Franklin, but I shall quote Mr Micawber from Dickens’s “David Copperfield”:

“Annual income twenty pounds, annual expenditure nineteen pounds nineteen and six, result happiness. Annual income twenty pounds, annual expenditure twenty pounds ought and six, result misery.”

Those aphorisms are as true today as they were in the nineteenth century. Borrowing more than one can afford to repay is one of the most serious social problems facing the UK today. British consumers are considerably more indebted than those in continental Europe. Between 1999 and 2007, household debt increased by 125% while household income increased by only 40%. The Office for National Statistics estimates that around 10% of all households have problem arrears and are unable to make minimum payments in one or more of their financial commitments. The Government are serious about taking action to help people to manage their debts.

We want to ensure that individuals facing financial difficulty can get advice early rather than waiting until their problems become more difficult to resolve. The new Money Advice Service has a statutory function to enhance people’s understanding and knowledge of financial matters and their ability to manage their own financial affairs. It provides free and impartial information and advice. Those consumers who find themselves in high levels of debt will continue to need specialist debt advice, and the Money Advice Service, with its consumer financial education remit and national reach, is well placed to take a role in the co-ordination of debt advice services as part of its existing services.

I have another quote; this time it is from Shakespeare. As Polonius advised his son—

[Kevin Brennan]

Neither a borrower nor a lender be.

[Mr Gibb]

The hon. Gentleman has said it for me.

“Neither a borrower nor a lender be.”

Can he carry on?

“For loan oft loses both itself and friend,

And borrowing dulls the edge of husbandry.”

I will give way to the hon. Gentleman.

[Kevin Brennan]

It is good advice from Polonius, but we must remember that he is widely regarded as an old hypocrite. Perhaps he is not the best person to quote. He was a silly old fool.

[Mr Gibb]

It was good advice to his son.

[Kevin Brennan]

Perhaps Iago might be more appropriate.

“Who steals my purse steals trash; ‘tis something, nothing;

‘Twas mine, ’tis his, and has been slave to thousands;

But he that filches from me my good name

Robs me of that which not enriches him,

And makes me poor indeed.”

[Mr Gibb]

Very good indeed. The green-eyed monster is there as well. The hon. Gentleman also makes the case for rote learning of English literature. That is missing from our schools. The more poems we can recite in our early years, the better. The hon. Gentleman must have learned that passage many years ago.

To be successful and to achieve aspirations, young people need to be able to stand on their own two feet. They must organise themselves, prioritise, manage money and work independently. That needs to start from an early age. Primary schools must lay the foundations by raising standards of arithmetic and securing a confident progression on to secondary schools. I am also mindful of the many reports of young people leaving school without the most basic knowledge of mathematics. We are committed to improving attainment levels in maths and to ensuring that all children leave primary school fluent and confident in arithmetic. We are studying evidence on the most effective ways of teaching arithmetic in primary schools and we have read the reports and listened to the speeches of my hon. Friend the Member for South West Norfolk.

In the current secondary mathematics curriculum, pupils must achieve fluency and confidence in a range of mathematical techniques and processes that can be applied in a wide range of circumstances, including managing money. The kinds of calculations that people should be able to do are set out in the report “Financial Education and the Curriculum” by the all-party parliamentary group. There is a suggested example of a GCSE question. It asks what Sophie should do with £4,300 that was left to her by her grandfather. She has a choice of two accounts. The first pays 3.1% on a monthly basis and the second pays 3.25% annually. The formula on page 41 is “AER=100[(1 + r/100n)ⁿ - 1]”. If one can master that, one knows all one needs to know about how to calculate compound interest.

Young people need to be confident and competent consumers. They need to be able to work out when a supermarket deal is not what it seems. For example, when supermarkets offer a deal on buying two small packs of something, they need to work out whether it is really cheaper per litre or per kilogram than buying one larger pack. In fact, I have found in some supermarkets that it is more expensive to buy one larger pack than to buy two smaller ones.

The Government are currently reviewing the national curriculum, including the curriculum for maths. The all-party report on financial education and the curriculum will feed into the review, and the review will ultimately ensure that the GCSE reflects its conclusions. We will consult widely on the number of maths GCSEs in the light of the review, and will consider evidence from the pilot of the pair of maths GCSEs referred to by my hon. Friend the Member for South West Norfolk. Application of mathematics and methods in mathematics will also inform decisions. We will look carefully at the evaluation of the pilot.

[Kevin Brennan]

What have not been mentioned so far, but have been endorsed by the hon. Member for North Swindon (Justin Tomlinson), are the qualifications in personal finance offered by the Institute for Fiscal Studies. Has the Minister had a chance to examine them and form a view on how suitable they are for pupils?

[Mr Gibb]

We will examine them as part of the curriculum review, but our first priority is to establish what knowledge children need. That will then feed into the qualifications. We have also benefited from Alison Wolf’s review of qualifications in schools. A process is under way to ensure that every qualification offered by schools is of sufficient size and quality, and commands respect in the real world among employers and further and higher education institutions. Those are the factors that will determine whether a qualification continues to be recognised in performance tables.

[Simon Hughes]

The Minister rightly concentrates mostly on primary and secondary schools, for which he is directly responsible, but does he accept that it is also important for young people to receive financial education elsewhere, for instance through the youth services? After all, they spend much more time outside school than at school. Will there be, as it were, a draft proposal for consultation after the Government have formed a view but before they finalise their proposals? I realise that this is controversial, but it seems to me that it would be wise for the Government to say “This is our thinking now that we have taken all the evidence, but before we form a final view there will be a debate in the House and a short time in which the public can respond.”

[Mr Gibb]

My right hon. Friend has made a legitimate point, with which I agree. Our intention is to consult widely on the curriculum review. There is an important set of decisions to be made. We have received nearly 6,000 responses to the call for evidence, and we will report on them shortly. The draft programmes of study will be published during the next year and beyond, and there will be wide consultation on them. Even before they have been published, there will be a great deal of consultation with stakeholders and subject specialists. We want to establish a consensus in the country about what we want children to be taught. However, we must slim down the curriculum and differentiate it from the school curriculum in order to identify a body of knowledge that we want all children to have acquired. How it is taught is a matter for teachers, and will depend on their professionalism.

Financial education is also an important strand of personal, social, health and economic education. We know from the Ofted report “PSHE in Schools”, which was published in July 2010, that provision for financial education is patchy. Some schools have not yet got to grips with the economic well-being and financial capability strand of PSHE, which was introduced in secondary schools in 2008. The aim of the review is to determine how we can help schools to improve the quality of PSHE teaching, while giving teachers enough flexibility to enable them to judge for themselves how best to deliver PSHE. We have finished collecting evidence, and will publish proposals for public consultation next year. The financial education curriculum report will play an important part in helping us to draw conclusions for the purpose of the PSHE review.

Good-quality teaching is also fundamental. If we want an education system that ranks with the best in the world, we need to attract the best people and give them outstanding training. There is strong evidence that links teacher quality, above all other factors, with pupils’ attainment. Our plans for initial teacher training show the Government’s commitment to recruiting the very best graduates into teaching, securing better value for money from ITT and reforming training. There is a focus, then, on the most important elements of being a teacher.

In 2012-13, we will prioritise places on primary ITT courses offering a specialism in mathematics and science, and in 2013-14 we expect to adjust financial incentives to favour trainees on specialist primary courses with a good A-level in mathematics, science or language over those on generalist courses. For serving teachers, the mathematics specialist teacher programme aims to improve the practice of primary maths teaching by improving mathematical subject knowledge and pedagogical approach and by developing teachers’ expertise to provide effective professional development. More than 3,200 teachers are currently on that programme.

The all-party group’s report on financial education and the curriculum is an important report. It is grounded in solid research and data, with practical solutions and a commitment to ensuring that young people receive the education that they need to become confident consumers. Much can be achieved by supporting finance education, working with those in the finance sector, finance education experts and schools. There is huge enthusiasm among teachers and young people, and we will give careful consideration to the report and all its recommendations.

School Admissions and School Admission Appeals Codes

Nick Gibb Excerpts

Thursday 1st December 2011 Written Statements

[The Minister of State, Department for Education (Mr Nick Gibb)]

I am today laying the revised “School Admissions and School Admission Appeals Codes” (“the Codes”) before Parliament as required under section 85 of the School Standards and Framework Act 1998. Subject to the views of Parliament, these codes will come into force on 1 February 2012. A copy of these codes has also been published on the departmental website, so that schools and local authorities can take account of the technical changes that have been made to the codes since their publication on 2 November.

The White Paper, “The Importance of Teaching”, outlined the intention to

“simplify the code so that it is easier for schools and parents to understand and act upon, while maintaining fairness as the guiding principle”.

As part of the consultation process we consulted on a number of key policy changes that are set out below, all of which are intended to deal with issues which we believe create unfairness in the system, or which frustrate or confuse parents.

The current codes have evolved over a number of years with successive versions adding further regulations in a chaotic and unplanned fashion. As a result, the admissions system has grown unnecessarily complex and bureaucratic, comprising some 130 pages of densely worded text, with more than 650 mandatory requirements. These revised codes are less than half the size of the previous codes and are simpler, fairer and easier to understand. We have removed much of the repetition and unnecessary material, whilst retaining the key safeguards to ensure that school places can be allocated in a clear and transparent manner.

The Department consulted extensively on the codes from 27 May to 19 August and received more than 1,330 responses with 700 from parents, as well as a wide range of interested parties, including local authorities, dioceses and head teachers. Overall, respondents broadly welcomed the proposals to slim down the codes.

These codes make a number of changes to the current codes:

Giving greater freedom to schools to increase the number of places they are able to offer by removing the duty to consult locally and the ability to object when a school increases its admission numbers;

Ensuring that any child who leaves public care through adoption, a residence order or special guardianship order, will continue to be given the same priority although they are no longer looked after by the state;

Making the co-ordination of admissions to primary schools administratively simpler through a single date, 16 April, each year when offers of school places are made from 2014 onwards;

Allowing schools to prioritise the children of staff either employed at the school for at least two years, or who will meet a clear skills shortage;

Allowing infant classes to exceed the statutory limit to avoid separating children from a multiple birth, and for children of armed forces personnel admitted outside of the normal admission round;

Allowing schools to take direct applications from parents for in-year applications;

Prohibiting the use of random allocation as the principal method of allocating places across a local authority area;

Requiring admission authorities to consult on unchanged arrangements only every seven years, rather than three;

Reflecting changes in the Education Act 2011, allowing anyone to object to the schools adjudicator about admission arrangements, and enabling objections about academies’ admission arrangements to be referred to the schools adjudicator; and

Greater clarity on decision-making and related processes for appeals, to ensure greater uniformity and to reduce costs across the system.

In addition, as highlighted in the code, but achieved through individual funding agreements, we will be allowing academies and free schools to prioritise pupils eligible for the pupil premium.

Calculators in Schools

Nick Gibb Excerpts

Wednesday 30th November 2011 Westminster Hall

[The Minister of State, Department for Education (Mr Nick Gibb)]

I begin by congratulating my hon. Friend the Member for South West Norfolk (Elizabeth Truss) on securing this interesting debate on a topic of great importance to us all. I take the point made by my hon. Friend the Member for North Swindon (Justin Tomlinson) about the importance of mathematics not just in providing progression to more sophisticated maths, but in day-to-day operation of haggling and securing a good deal. I know that what he said from his own business experience is absolutely right, and I am sure that that lack is more pervasive in our economy than people suspect.

My hon. Friend’s excellent opening speech reiterated many of the same points that she made in her article published in The Sunday Times last week entitled, “Cancel the calculators and make pupils think”. I broadly agree with her analysis, and in particular her astute observations on how calculators are overused in classrooms in England. I also agree with her suggestion that there is much that we can learn from the best-performing nations and regions around the world; her analysis of Britain’s position in international rankings when it comes to maths; and her conclusion that we need to look again at the way in which calculators are used in primary schools.

Getting mathematics teaching right at an early age is of prime importance, and securing the foundations of mathematical understanding early at primary school will help our pupils to gain mathematical fluency and achieve at GCSE level and beyond. The modern work force demands people with high levels of mathematical ability as employment opportunities become increasingly technological and the importance of the internet continues to grow. There is a growing demand for people with high-level maths skills to become the scientists and engineers of the future. There is an increasing need for people with intermediate maths skills in a whole range of disciplines. That is why the Secretary of State has said that it is the Government’s intention that within 10 years the vast majority of young people will study maths from the age of 16 to 19.

My hon. Friend for South West Norfolk is right that this country is an outlier in the number of students continuing to study maths beyond the age of 16. As my hon. Friend rightly pointed out, the UK is falling behind internationally. I make no apologies for reminding other hon. Members—it is my hon. Friend who I am reminding—that over the past 10 years the United Kingdom has dropped down the international league table of school performance, falling from eighth to 28th in maths. PISA results show that many countries are racing ahead of the UK in mathematical attainment. Pupils in Shanghai are working at a level in maths that is about two and a half years ahead of that of their peers in the UK. Pupils from Singapore and Hong Kong are regularly introduced to some mathematical concepts much earlier than their counterparts are in England.

[Justin Tomlinson]

I saw that happening on a visit to a Taiwanese school. The reason behind it was that the Taiwanese felt it was so essential to their economy to embrace new technologies. They thought that that was the way to improve mathematical and science skills, which was so important to them.

[Mr Gibb]

My hon. Friend makes his point very eloquently. The debate is not just about the individual’s success in life—there is much evidence that those with advanced mathematical skills secure better employment prospects and higher standards of living—but that as a country we need to get it right, which we have not yet done.

As the Trends in International Mathematics and Science Study—or TIMSS—study of maths has shown, those pupils in Singapore and Hong Kong go on to outperform pupils in England in international league tables. As has been said, if we are to compete internationally, it is crucial that we equip our young people with such essential maths skills.

The foundation for more advanced mathematical and scientific study is built in primary school, where pupils can develop a love of, and a fascination with, mathematics. Unfortunately, far too many children leave primary school convinced that they “can’t do” maths. Provisional key stage 2 data for the 2011 test year shows that only 80% of pupils reached the expected level in maths, and an even lower proportion reached level 5. Without a solid grounding in arithmetic and early maths in primary school, children go on to struggle with basic mathematical skills throughout their school careers and their adult lives. We cannot allow children to fall behind at that early stage. It is vital that pupils are fluent and confident in calculation before they leave primary school. We cannot expect children to be able to cope with the demands of complicated quadratic equations if they do not have quick and accurate recall of multiplication tables. Indeed, it is not possible to do long division, without being fluent in them.

[Elizabeth Truss]

Does the Minister agree that understanding basic operations enables one to check calculations? For example, when purchasing an item or considering a mortgage, people can check whether their calculator is right, which provides a sense check. When people have those basic skills, they are equipped for all such difficult situations in later life.

[Mr Gibb]

I am sure that my hon. Friend is right. Being fluent in the multiplication tables right up to 12 times 12—there are, after all, 12 months in the year and there are 12 in a dozen, which are still frequently used quantities regardless of decimalisation—gives people an instinct for numbers. They can therefore instinctively spot where something is wrong—for example, that the dosage a nurse gives to a patient is out by a factor of five, 10 or 20—because they are used to numbers and do not have to look things up on a chart or use a machine to calculate whether a number is right. It is to provide that instinctive understanding that such basic calculations and repeated practice at primary school are so important.

I also agree with my hon. Friend that we should not hinder pupils’ understanding of calculation by allowing them to become dependent on calculators too early. Ofsted recently conducted a survey of 20 top-performing primary schools in maths in the country. The resulting report, entitled “Good Practice in Primary Mathematics: Evidence from 20 Successful Schools”, clearly shows the importance of pupils knowing their times tables properly to develop fluency in calculation. Most of the top-performing schools visited for that study introduced calculators only at the very upper end of primary school, and then only to check the answers for calculations carried out by hand. That is often a time when pupils are practising written methods for long multiplication and long division, and adding, multiplying, dividing and subtracting fractions. Finding the common denominator when trying to add one seventh and one eighth—56—is significantly harder and more boring if children do not know their multiplication tables by heart.

The international evidence is also clear. High-performing jurisdictions around the world, as my hon. Friend so eloquently said in her well-researched speech and article, would limit the use of calculators in the primary mathematics classroom. Guiding principles for the Massachusetts, Singapore and Hong Kong curricula state that calculators should not be used as a replacement for basic understanding and skills. Moreover, the 4th and 6th grade state assessments in Massachusetts, which are the equivalent of years 5 and 7 in this country, do not permit the use of a calculator. Elementary students learn how to perform basic arithmetical operations without using a calculator. Evidence from the most successful educational systems around the world suggests that calculators should be introduced only once pupils have a thorough grounding in number facts or number bonds, including knowing their multiplication tables by heart, and that calculators should be used only to support the teaching of mathematics where the aim is to focus on solving a problem rather than on the process of calculation.

It is crucial that pupils are fluent in using efficient written methods to perform calculations and do not reach for a calculator when faced with a simple addition or multiplication. The most efficient written methods, such as columnar addition and subtraction, allow a pupil to perform calculations quickly. Pupils should be taught them as soon as possible, and not spend years using intermediate methods, such as chunking.

We are currently reviewing the national curriculum to give teachers greater professional freedom over how they organise and teach their subject, and my hon. Friend’s analysis of the key stage 2 curriculum was very revealing. The review will be informed by best international practice, and will draw on other evidence about the knowledge children need to deepen their understanding at each stage of their education. Alongside the review, we are looking at how arithmetic is taught in school by engaging in an informal dialogue with maths professionals. Some key areas of consensus are emerging—namely, that there needs to be a renewed focus on quick recall of number facts, such as multiplication tables, and on the importance of consistent, efficient methods of calculation being taught throughout the school.

I believe that technology can be used to enhance teaching across all subjects. In his speech to the Royal Society earlier this year, my right hon. Friend the Secretary of State highlighted the wonderful work being done by, among others, the Li Ka Shing Foundation and the highly respected Stanford Research Institute International on a pilot programme to use interactive software to support the teaching of maths. He also highlighted how computer games developed by Marcus du Sautoy are enabling children to engage with complex mathematical problems that would hitherto have been thought too advanced for them to tackle at such an age.

Children will not be able to cope with the more advanced maths that they will encounter in secondary school unless they are fully fluent in the basics, and introducing calculators too early can risk the development of that fluency. Our focus on getting maths right in primary school also requires a focus on teaching quality, as my hon. Friend hinted at in her analysis of what matters in education. One of the most important characteristics of the best performing education systems around the world is that they recruit the best possible people into teaching and provide them with high-quality professional development. There is clear consensus in the maths community that teachers must have a deep understanding of maths to be fully effective.

Our White Paper “The Importance of Teaching” set out the Government’s commitment to provide additional support for the uptake of mathematics and the sciences. In June, the Secretary of State announced that the Government will invest £135 million over the spending review period to support that aim. Much of that will go towards improving the skills of existing teachers. We have followed the example of Finland by expanding Teach First and by providing extra support for top graduates in maths and science to enter teaching.

We have also made the following commitments in the initial teacher training strategy published earlier this month. From 2012-13, we will prioritise the allocation of places to courses with a maths and science specialism over generalist primary courses. That will encourage ITT providers—universities—to offer specialist, rather than generalist, courses. We will fund £43 million in bursaries for new primary teachers, some of which will go to trainees who are training on primary courses that include a specialism. We will offer schools the opportunity to train their own primary specialist teachers, and then employ them as teachers. For 2013-14, we expect to introduce additional financial incentives for trainees who take a maths, science or language specialism as part of their primary ITT course and have a good A-level in maths, a science subject or a language.

The Government have just announced £600 million to be spent on building an additional 100 new free schools by the end of the Parliament. These new schools will include specialist maths schools for pupils between 16 and 18, and their aim will be to produce the outstanding mathematicians of the future. We are funding two cohorts of teachers to undertake the maths specialist teacher programme, which aims to improve the practice and efficacy of primary mathematics teaching. We are also part-funding two further cohorts of the programme.

Evidence around the world clearly shows that high-performing nations ensure that children receive a first-class maths education when it is based on a solid foundation of essential principles of number and calculation. That is why we are making primary-level maths a priority: we are encouraging early mastery of multiplication tables and written calculation methods, limiting the use of calculators, and raising the quality of teaching. Giving children a solid understanding of basic mathematical skills will encourage higher achievement and greater enjoyment in maths, and give every child the best possible start to their school career.

Question put and agreed to.

Oral Answers to Questions

Nick Gibb Excerpts

Monday 21st November 2011 Commons Chamber

[Helen Goodman (Bishop Auckland) (Lab)]

5. What assessment he has made of the effect on schoolchildren of a lack of high-speed broadband access in schools.

[The Minister of State, Department for Education (Mr Nick Gibb)]

Broadband is important in supporting teaching in schools. The Department for Education does not collect data on broadband speeds in schools, but evidence suggests that almost all schools in England have access to broadband—speeds will vary, depending on location. Most schools choose broadband provided by local authorities or regional broadband consortiums, which are able to aggregate demand across a region, take account of rural schools and offer services suited to the needs of education.

[Helen Goodman]

I am grateful for that answer. In Byers Green and Binchester in my constituency there are broadband not-spots—they are surrounded by areas that are well served—and so children are told to do homework, using broadband, that they simply cannot do. Will the Minister either lobby his colleagues to ensure that broadband is accessible throughout the country or take steps to make sure that secondary schools stop requiring children to do homework that they simply cannot do?

[Mr Gibb]

I am grateful for the hon. Lady’s comments. A BECTA survey in 2009 showed that only 2% of primary schools and 1% of secondary schools regarded their broadband speeds as very slow. There is record spending on broadband at the moment and the Government have allocated £530 million over the Parliament for broadband, which is available to local authorities to help improve broadband in their areas.

[Gordon Henderson (Sittingbourne and Sheppey) (Con)]

6. If he will bring forward proposals to place schools under a statutory duty to provide high-quality and impartial careers guidance.

--- Later in debate ---

[Karl MᶜCartney (Lincoln) (Con)]

10. What assessment he has made of the effectiveness of the introduction of the English baccalaureate.

[The Minister of State, Department for Education (Mr Nick Gibb)]

A survey of nearly 700 schools has shown that the English baccalaureate is having an immediate impact by increasing the number of pupils electing to take up a key set of academic subjects and by reversing declines in entry to subjects such as French, German and history, which we know are valued by universities and the wider public. The survey showed that 47% of pupils studying for their GCSEs in 2013 are taking academic subjects leading to the English baccalaureate, compared with just 23% entering that combination of subjects in 2011. That figure of 47% takes us back almost to the 49% who took those subjects when Labour came to office in 1997.

[Karl MᶜCartney]

I thank my hon. Friend for that answer. Is he concerned that the impact of the English baccalaureate will undermine the value of excluded subjects such as divinity or religious education, which play an important part in providing students with a well-rounded English education?

[Mr Gibb]

Religious Education is an important part of the school curriculum, which is why it is compulsory up to age 16 and why it will remain so under this Government. The E-bac is small enough, with six or seven GCSEs, to allow time for the study of subjects such as RE, music, art or a vocational subject while also studying the E-bac combination of GCSEs that are regarded as the facilitating subjects. That will keep options open for longer and will widen opportunities.

[Jonathan Reynolds (Stalybridge and Hyde) (Lab/Co-op)]

Does the Minister recognise that the E-bac will be inappropriate for some of the pupils represented in the figures he has just read out, but that schools will have to push their pupils towards taking that approach because of the retrospective and quite sloppy way in which all this has been introduced? What message does he have for teachers who want to motivate pupils using a wider curriculum if the E-bac is not appropriate for them?

[Mr Gibb]

No student should be entered for a subject that is not in their best interests. The E-bac is small enough to allow schools to offer a range of options, including a vocational or other subject that is motivational for that student while still taking the E-bac subjects if they are suitable for that pupil.

[Jason McCartney (Colne Valley) (Con)]

11. What his objectives are for the principal revisions to the school admissions code.

[The Minister of State, Department for Education (Mr Nick Gibb)]

The White Paper, “The Importance of Teaching”, announced that we would consult on a simplified and easier-to-understand schools admissions code to overhaul a system that is too often complex, confusing and unfair for parents. The revised schools admissions code is another contribution to our continued drive to reduce the bureaucracy facing our schools and local authorities while retaining the key safeguards that will ensure a simpler, fairer and more accessible admissions system for all parents.

[Jason McCartney]

Much of the local opposition to the Lindley Moor development in my constituency was based on the pressure on already oversubscribed local schools. Will my hon. Friend join me in insisting that section 106 money allocations to local schools as part of those plans really do go towards easing the pressure on local school places?

[Mr Gibb]

Local authorities have a duty to ensure that there are sufficient school places for all children of school age in their area and the Government are supporting local authorities in the fulfilment of that duty. Kirklees council received £17.2 million of capital for 2011-12 and a further £0.5 million as a result of the additional £0.5 billion basic need funding that was announced recently. On section 106 funding, the Government are consulting on changes to the community infrastructure levy to make it more responsive to local needs, including the need to ensure that there are enough school places.

[Nick de Bois (Enfield North) (Con)]

12. What steps he is taking to tackle the shortage of primary school places in (a) Enfield North constituency and (b) England.

--- Later in debate ---

[Mr Dominic Raab (Esher and Walton) (Con)]

18. What steps he is taking to improve the teaching of numeracy and literacy in primary schools.

[The Minister of State, Department for Education (Mr Nick Gibb)]

Good-quality teaching is fundamental to improving numeracy and literacy. We are reviewing the national curriculum to ensure an enhanced focus on literacy and numeracy. We will recruit more high-quality graduates and ensure that all newly qualified teachers have the skills to teach well, particular in teaching reading through systematic synthetic phonics. We are supporting existing teachers, for example by making match funding available for phonics materials and training and by increasing the number of specialist maths teachers.

[Mr Raab]

I thank the Minister for that answer. In 2009-10, one in five trainee teachers failed their basic numeracy and literacy tests, with thousands failing on their second attempt. What steps is he taking to ensure basic academic rigour in the teaching profession?

[Mr Gibb]

I agree completely with my hon. Friend’s comments. That is why we have announced that, from September 2012, a person must pass a literacy and numeracy skills test before starting teacher training and will be allowed only two resits, rather than being able to take the test an unlimited number of times. From September 2012 we will also raise the pass mark and carry out a complete review of the test’s contents to ensure that we are properly testing the literacy and numeracy of those teaching in our classrooms.

[Elizabeth Truss (South West Norfolk) (Con)]

The top-performing countries in maths, such as Singapore, hardly use calculators at all in primary schools. Britain uses calculators more than any other country and is ranked 28th in the world in maths. Does the Minister think that there is a correlation?

[Mr Gibb]

I read my hon. Friend’s article in The Sunday Times this weekend with great interest. She made some very important points. She has championed the importance of high-quality maths teaching in our schools and knows the importance of maths not just for an individual’s ultimate opportunities, but for the economy as a whole. I hope that she will continue to contribute to the national curriculum review of maths.

[Karl Turner (Kingston upon Hull East) (Lab)]

21. What estimate he has made of the likely size of the Sure Start children’s centre network by the end of the 2012-13 financial year.

Education Bill

Nick Gibb Excerpts

Monday 14th November 2011 Commons Chamber

[The Minister of State, Department for Education (Mr Nick Gibb)]

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

[Mr Speaker]

With this it will be convenient to consider Lords amendments 2 to 18.

Lords amendment 19, and amendment (a) thereto.

Lords amendments 20 to 22.

Lords amendment 23, and amendment (b) thereto.

Lords amendment 24, and amendment (a) thereto.

Lords amendments 25 and 26.

Lords amendment 27, and amendments (a) and (b) thereto.

Lords amendments 30 to 35, 37, 38, 40 to 42, 44 to 46 and 72 to 98.

[Mr Gibb]

It is with great pleasure that I bring the Education Bill back before the House. It received detailed scrutiny here in the spring, in the course of 22 Committee sittings, before it went off to the other place. Their lordships have given it the full benefit of their diligence and expertise and I am pleased to say that its core content is as it was when it left this House. Before I address the amendments, it might be helpful if I briefly remind the House of the core content. Its main purpose is to give legislative effect to the proposals in the education White Paper, “The Importance of Teaching”, published last November. It also contains some measures from the Department for Business Innovations and Skills, which my hon. Friend the Minister for Further Education, Skills and Lifelong Learning will discuss in due course.

The Bill has four main themes. First, it seeks to give teachers and head teachers greater freedom and flexibility to use their judgment and expertise to get the best results for their pupils. International evidence shows that greater school autonomy characterises the best performing education systems. The Bill seeks to remove unnecessary legislative duties from schools and extends the benefits of the academies programme to 16 to 19-year-old pupils and vulnerable pupils in need of alternative provision.

Secondly, the Bill seeks to strengthen the powers and authority of teachers in relation to classroom discipline. We want all children to be educated in a safe environment that is free from disruption and we want all teachers and prospective teachers to feel confident that they have society’s backing in tackling poor behaviour. The Bill will allow same-day after-school detentions and will provide a power to search pupils for any item likely to cause harm or injury. It will also give teachers pre-charge anonymity when faced with an allegation by a pupil that they have committed an offence.

Thirdly, the Bill matches the increased autonomy it seeks to introduce with sharpened accountability and seeks to focus Ofsted inspections on the four most important aspects of a school’s work. It will require Ofqual, the independent regulator, to secure that the standards of English qualifications are comparable with the best in the world, and it will strengthen the powers of the Secretary of State to intervene in poorly performing schools. It will abolish five arm’s length bodies to reduce wasteful duplication and will ensure that there is accountability to Parliament, through the Secretary of State, for functions that need to be carried out nationally.

Fourthly, the Bill seeks to promote greater fairness in the context of current fiscal constraints. It will give disadvantaged two-year-olds an entitlement to free early-years provision, and for new higher education students it will enable the new student finance arrangements to come into force.

There have been a relatively small number of technical and drafting amendments, but their Lordships have also made a number of substantive amendments to improve the Bill, and I shall now explain them.

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[Kevin Brennan (Cardiff West) (Lab)]

Were the Government able to provide any further evidence in the Lords as to the prevalence of such allegations and what proportion of them were found to be malicious?

[Mr Gibb]

I thought the hon. Gentleman supported these proposals. He will be aware that the National Union of Teachers and the NASUWT have compiled figures on such allegations against teachers. The NUT estimates there are about 200 a year, and we gave evidence to the Lords of at least 15 cases in the last few years where there were damaging local reports and publicity about the allegations before charges were brought.

[Kevin Brennan]

The Minister is right that the Opposition have supported these proposals, but they must also be carefully scrutinised for any possible unforeseen consequences. That has been done very effectively in the Commons in Committee and also in the Lords. Is it correct that in the Lords the Government accepted that about 2% of such allegations had turned out to be malicious?

[Mr Gibb]

Yes, of course, but we are talking about the effect on individuals, and if there is just one case of someone suffering such publicity about what turns out to be a false allegation, that is one case too many, as such allegations can have devastating consequences on teachers both socially and career-wise. The publicity that just one such case receives also reverberates throughout the teaching profession, undermining teachers’ morale and making them unduly cautious about maintaining discipline in our classrooms. If we are interested in the welfare of pupils in our schools, we have to make sure they are taught in ordered and safe environments, free from bullying and other disruptive activities.

I thought, however, that the hon. Gentleman was concerned in Committee less about the prevalence of such allegations and more about the question of whether these provisions should be extended to other sectors of the workforce. We have proceeded extremely cautiously, taking into account the fact that we must preserve press freedom as well as the integrity of teachers and their being innocent until proven otherwise.

[Mr Graham Stuart (Beverley and Holderness) (Con)]

As my hon. Friend knows, I am sympathetic to the Government’s intentions in this regard as well, but I am concerned about press freedom and I would be grateful if he could set out the case for teachers alone being given this exemption from publicity. Such allegations could be equally devastating to members of a different profession. Might this provision prove to be the thin end of the wedge in that there could be a great deal more press censorship and the public will not be able to know about allegations made against people in their local community?

[Mr Gibb]

My hon. Friend, the Chairman of the Education Committee, makes a good point, but teachers are very much on the front line of maintaining discipline in the classroom. We conducted a survey of 116 local authority designated officers—LADOs—and its findings support the view that teachers are particularly vulnerable to false allegations. Some 23% of allegations against staff in all sectors were made against teachers, and almost half of those were found to be unsubstantiated, malicious or unfounded. The proportion that related to other staff in schools was significantly low: from recollection I think that it was about 14%, compared with the 23% that applied to teachers.

[Mr Barry Sheerman (Huddersfield) (Lab/Co-op)]

The Minister may recall that in the previous Parliament the Committee looked intensively at that very area, and I support much of what he says, but in that context we made a range of recommendations to ensure that teachers were protected from false allegations, and that head teachers knew what they were doing. Few head teachers confront the situation very often, but very often they suspend people unnecessarily and start the problem running in the first place. We recommended that a code of conduct should be at the heart of the change.

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[Mr Gibb]

I agree with the hon. Gentleman and with the excellent work that he carried out when he was the Chairman of the Education and Skills Committee and the Children, Schools and Families Committee in the previous Parliament. We have looked at the whole process of investigating teachers when they are subject to such allegations, and we are changing the guidance so that there is not a default position of automatic suspension once an accusation is made. We have also been speaking to the Association of Chief Police Officers about the speed of investigations, because we cannot have teachers waiting months or years before allegations are investigated and settled. We want to speed up the process, to remove the automatic and default position of suspension and to enable teachers to continue to have a connection with the school during the course of any allegation, so that they do not feel isolated while the process is under way.

[Mr Sheerman]

Is it not a fact, however, that the current Chairman of the Education Committee might have a much rosier view of the British press than I do? Anyone who listened to Radio 4’s “Today” programme this morning will have heard one of The Sun newspaper’s most senior journalists say that there should be no reform of British press regulation. If the hon. Gentleman has that rosy view of the press, I certainly want to put it on the record that I do not share it.

[Mr Gibb]

I really do not want to intervene or interfere in this debate between two such august hon. Gentlemen, but we have been careful to tread warily between the two interests: the interest of protecting teachers from the full force of false allegations before they are proven or charges are brought, and from the publicity that might accompany them, and the important interest of protecting press freedom. We are treading cautiously, and that is why we have not extended the measure to other parts of the children’s work force. We want to see how it works in the first instance before making any further decisions.

In Committee, the hon. Member for Cardiff West (Kevin Brennan) made the case for providing protection to groups other than teachers, but he accepted our cautious and targeted approach and suspected that the clause, even in its narrow form, might attract the close attention of, as he put it,

“people more erudite and noble than ourselves”––[Official Report, Education Public Bill Committee, 22 March 2011; c. 557.]

He has been proven correct, but I am pleased to say that the substance of the provision returns to the House intact and with three important improvements. First, through amendment 5, the clause now makes it clear that tentative allegations that a teacher may be guilty of an offence should be treated in the same way as firmer allegations that they are guilty. That was always our intention because even—or, indeed, especially—tentative allegations can have a damaging effect on the teachers involved.

Secondly, through amendment 7, the clause now makes it clear that a judge who is considering an application for reporting restrictions to be lifted should take account of the welfare of both the teacher who is the subject of the allegation and the pupil or pupils who are the alleged victims. We will ensure through amendment 11 that where a teacher decides to identify himself or herself publicly as the subject of an allegation, reporting restrictions are lifted altogether. It is right that if a teacher effectively waives their right to anonymity by, for instance, writing in a newspaper about an allegation, others can also join the public debate.

The noble Lords echoed this House’s concern about clause 30, which would have removed schools and colleges from the duty to co-operate with local partners. My noble Friend Lord Hill met a number of peers during the summer to discuss the matter further and he then discussed the outcome of those conversations with me and the Secretary of State. We accept that retaining the duty would provide continuity while we implement the proposals of the Green Paper, “Support and aspiration: A new approach to special educational needs and disability.” That point was made forcefully in Committee. In another place, Lord Hill introduced amendments 18, 19 and 42 to remove from the Bill clause 30 and the related clause 31.

[Kevin Brennan]

When we were in Committee, I recall the Minister saying that he regarded the duty to co-operate as an “unnecessary prescription” on schools—[Interruption.] Perhaps that is the Secretary of State ringing up his hon. Friend the hon. Member for Stroud (Neil Carmichael) to give him the answer. In Committee, the Minister also said:

“It is not appropriate to delay removing that burden”—

that unnecessary prescription—

from schools.”––[Official Report, Education Public Bill Committee, 29 March 2011; c. 729.]

What points did Lord Hill make in the Lords that were different from those made in the Commons and how did that persuade the Minister to change his mind? Secondly, is this a temporary conversion or does he intend to remove the duty to co-operate at some further stage?

[Mr Gibb]

We were never against co-operation. It is very important that schools, academies and free schools continue to co-operate with other state bodies, locally and nationally, that affect children. That was our reason for removing the prescriptive duty. A number of changes are happening in relation to the Health and Social Care Bill and the SEN Green Paper and, having considered the matter further and reflected upon it, it is better to maintain the duty until deliberations over those measures are complete and until decisions about the SEN Green Paper have been taken.

[Richard Fuller (Bedford) (Con)]

Although some of us are very focused on the duty of schools to co-operate with the local authority, some of us are focused on local authorities’ duty to co-operate with academies and free schools. Will my hon. Friend advise me what in the Bill will enable us to be sure that local authorities provide the same extent of co-operation to free schools and academies as they do to maintained schools?

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[Mr Gibb]

My hon. Friend makes an important point. Co-operation is important, whether it is with children’s trust boards or from local authorities with other elements of the education world, such as free schools and academies. Local authorities that undermine or try to undermine the establishment of new schools that are demanded by parents in that local authority will find their opinions and actions challenged at election time. For a school to be approved by the Secretary of State as a new free school, it has to demonstrate parental demand. It is not in the interests of a local authority not to co-operate when a group of parents, a group of teachers or others are seeking to establish a free school in its area.

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[Kevin Brennan]

In the light of what the Prime Minister has said today about the dangers of schools coasting, is the Minister content, prior to the discussion of our amendment, that the Government’s position on this will not make matters worse, given the potential for schools that have been found to be outstanding to coast and then not to be inspected, with it being difficult to trigger an inspection for them in future?

[Mr Gibb]

The Prime Minister made some very important points about coasting schools in his article in The Daily Telegraph today. We want to see standards rise throughout the education system. There has been a concentration on failing schools, but we must also concentrate on the schools in the leafy suburbs that are not challenging their pupils as well as they should. All schools will now be subject to our scrutiny to make sure that they raise standards. The new performance tables will identify how schools perform in relation to children of high academic ability, as well as how they perform in relation to children of a lower academic ability. We will reflect on some of the issues raised by the hon. Gentleman, but outstanding schools are, by their nature, not necessarily to be regarded as coasting if they have been graded by Ofsted as outstanding. The arrangements I talked about are to do with using risk assessment strategies to pick up on problems, even in outstanding schools. Those risk assessments are what will trigger Ofsted to carry out an inspection in an outstanding school.

[Kevin Brennan]

My concern is that the exemption from inspection is almost an invitation to coast. There is a danger of that. Does the Minister not accept that it might be worth cogitating on that a little further in the light of what the Prime Minister has said?

[Mr Gibb]

I am happy to think further about those issues. However, the point of the proposal is that it is difficult for schools to achieve from Ofsted the accolade of outstanding. I am sure that the hon. Gentleman and the hon. Member for Liverpool, West Derby (Stephen Twigg) have visited schools that are categorised by Ofsted as outstanding. It is clear why those schools have been so categorised. I was at a school last week in Wiltshire that had been categorised by Ofsted as outstanding in all 27 categories. I believe that it was the first school to be given such a grading.

[Mr Graham Stuart]

The Minister is absolutely right to have proportionate inspection. We need to be careful to ensure that outstanding schools that may end up coasting or dropping their standards are picked up. If the shadow Minister is suggesting that it would be a better policy to inspect every school, however outstanding, all the time, he is completely wrong. A proportionate approach with the right safeguards and triggers in place and with constant review of those triggers is the right way to go. The Government are right on this issue.

[Mr Gibb]

My hon. Friend is right that one has to be proportionate in these issues. Ultimately, this is a matter for the chief inspector of schools. If the results of an outstanding school start to decline, as was hinted at by the hon. Member for Cardiff West, it will be picked up in the risk assessment. He has made important points and we will, of course, reflect on them in the usual way.

[Kevin Brennan]

I will intervene one final time on this issue because I do not want to detain the House. The Chairman of the Select Committee knows that what he described was not what the Opposition proposed in Committee. We proposed triggers for inspection that would be appropriate for schools that had been ruled outstanding but may have slipped. Is that not exactly what the new chief inspector of schools, who was just appointed by the Government, has said in relation to checking whether outstanding schools remain outstanding? After all, when outstanding leaders leave outstanding schools, that can often lead to a big change in the performance of those institutions.

[Mr Gibb]

The hon. Gentleman makes a very good point. When a new head teacher comes into a school it can have important effects, and not necessarily beneficial ones if the school has been led by a very effective leader. That would be a risk assessment issue. I know that it is an issue that the new chief inspector, Sir Michael Wilshaw, is concerned about. We will reflect on those points in due course. The principle of having proportionate inspection and targeting the limited resources on schools that have the most pressing need is important. However, we must take it into account if a school that is graded as outstanding is not graded as outstanding in teaching, for instance.

[Nic Dakin (Scunthorpe) (Lab)]

I agree with what the Minister and the shadow Minister say about proportionality in inspection. However, it is important that outstanding schools are inspected by Ofsted as part of the ongoing learning of other schools. I hope that the Minister will ensure that Ofsted continues to do that to spread good practice in the system.

[Mr Gibb]

The hon. Gentleman makes a very good point. Ofsted inspectors need to learn what an outstanding school looks like. That always was the case. Even when schools are exempted from inspection, inspectors will still see outstanding schools in themed inspections, which might look at how religious education or maths is taught. On those occasions, inspectors will still experience outstanding schools.

[Mr David Ward (Bradford East) (LD)]

Does the Minister agree that the way to deal with coasting schools is not so much through the inspection process, but through the publication of contextual value added evidence from schools?

[Mr Gibb]

My hon. Friend makes an important point. Performance tables are an important piece of the jigsaw of measures that holds publicly funded schools to account. We are not going to pursue the contextual value added measure, because of its flaws, not least of which is the fact that it tends to entrench low expectations for certain sections of society, which we do not believe is right. All children, from all backgrounds, should be expected to reach the best of their academic ability at school, and schools should deliver a high quality of education to all young people. However, there are other important progress measures, such as how a child performs at the end of key stage 2 compared with how they perform in their GCSEs.

As I said earlier, in the performance tables to be published in January, we intend to have separate columns indicating how well a school performs in relation to children who enter secondary school with a level 5 at key stage 2 and those who enter with a level 3.

[Mr Speaker]

Order. May I say gently to the Minister that I know he is making full efforts to satisfy his audience, and in one sense that is appreciated—if this were a seminar it would be an extremely therapeutic and informative one—but it is important that we tend to the specifics of the amendments with which we are dealing. For the benefit of colleagues who might labour under a misapprehension to the contrary, this is not a Second Reading debate on coasting schools. We are attending to narrow and particular amendments, to the consideration of which I know the Minister will now return.

[Mr Gibb]

I am grateful for that ruling, Mr Speaker, and I will press on by turning to academies.

The Bill retains important measures to facilitate the Government’s ambitious plan to extend the proven benefits of the academy programme to a much greater number of pupils. One of those measures is the extension of the academy model to alternative provision and the 16-to-19 sector. Lords amendments 72 to 81 are consequential on the creation of those new types of academy, and the Government tabled them in line with a commitment that I gave in Committee to put more such consequential amendments into the Bill. In addition, Lords amendment 89 reduces the reach of the powers given to the Secretary of State by schedule 14 in the case of private land leased to new academies.

In addition, three new clauses were added to the Bill in the other place, the first of which is in Lords amendment 34. Under section 6(2) of the Academies Act 2010, a local authority must cease to maintain—that is, cover all the costs of—a school once it converts to academy status. Some banks and local authorities have asked whether that prohibition on maintenance might prevent a local authority from making payments under private finance initiative or other contracts in relation to schools that have converted into academies.

Local authorities have always been able to use their own resources to provide assistance, including financial assistance, to academies, and to enter into contractual commitments and incur liabilities on their behalf. We are clear that their continuing to do those things would not have been prevented by the wording of section 6(2) of the Academies Act, and that was not the intention behind the Act. All academies are, and will continue to be, maintained by the Secretary of State under funding arrangements entered into under section 1 of that Act. Any assistance that local authorities provide to academies, whether financial or otherwise, will only ever be a proportion of the total expense of running an academy. Lords amendment 34 therefore confirms that local authorities can continue to make payments for academies under PFI and other contracts.

[Richard Fuller]

This is a slightly specific question, Mr Speaker, but it does relate to the Lords amendments.

In circumstances in which a local authority had already made an undertaking for capital provision to a federation of schools, and a school that was part of the federation wished to become an academy, would the local authority be able to advise that school’s governors that they would no longer be entitled to the capital aid expenditure promised for schools in that pyramid? Could the local authority make that funding consequential upon a school staying maintained or moving to academy status, or do the Lords amendments prohibit that possibility?

[Mr Gibb]

I know what my hon. Friend refers to, but I would prefer to get the technical answer to his question absolutely right and will therefore write to him, so that he can be clear when he raises this issue with his local authority that he has a proper analysis of the legal position and not something that I have spoken from memory.

In response to concerns raised in Committee in the House of Lords, the Government introduced an amendment to give Ofqual the power to fine awarding organisations in certain circumstances. Our intention is to ensure that Ofqual has a full range of effective and proportionate powers to use to carry out its duties and responsibilities.

[Mr Graham Stuart]

In the Lords, the Government accepted various amendments to limit the impact of such fines on global companies, which is welcome, but the measure was introduced with very little consultation. What is the evidence that we need fines to get awarding bodies to comply with Ofqual? What is the evidence that there is a problem to which fines provide an answer?

[Mr Gibb]

My hon. Friend will have seen over the summer some of the errors in the exams. They are unacceptable. We believe that the awarding organisations should not make the quantum and seriousness of those errors again. Other regulators have such powers, and if he bears with me, I will try to set out why we introduced those provisions.

The provisions in Lords amendments 16 and 17 are broadly consistent with the Regulatory Enforcement and Sanctions Act 2008. As many hon. Members will know, including my hon. Friend, the Act provides many other regulators with a toolkit of sanctions that are risk based, consistent, proportionate and effective. Ofqual currently has only two types of sanction available to it: the power to direct an awarding organisation; and the dramatic, nuclear option of partial or full withdrawal of recognition. In addition, before Ofqual can use its current enforcement powers, it must be the case that an awarding organisation’s failure to comply with a condition has prejudiced, or is likely to prejudice, either the proper award of a qualification or students who might reasonably be expected to seek to obtain such a qualification awarded by that organisation.

The Government believe that those tests unnecessarily limit Ofqual’s powers and could reduce its capacity to take timely and proportionate enforcement action. Removing the tests and giving Ofqual a power to fine will help to prevent the kind of mistakes in exam papers that we saw last summer, which undermine the hard work of the pupils who sat them. That is the purpose of Lords amendment 16, and Lords amendment 17 confers similar powers on Welsh Ministers as the regulators of Welsh qualifications.

[Mr Stuart]

I am grateful to the Minister for setting out the Government’s thinking, but I am not entirely persuaded. The currency on which awarding bodies trade is their reputation. Notwithstanding the problems this summer, they needed no fine or massive regulatory hammer to bring them to book. All awarding bodies would immediately seek to improve their systems following such errors—I believe they did so. It feels as if we are introducing sanctions that are unnecessary for the workings of that market. The Government have pledged to eschew unnecessary regulations unless there is an overwhelming case, but I am not sure that the errors last summer make that overwhelming case.

[Mr Gibb]

I must disagree with my hon. Friend, because the seriousness of the errors was not just in their number—I believe there were 13 errors in exam papers this summer. What was particularly serious was the fact that when we asked awarding bodies to check that there were no further errors, they affirmed that they had done so or that they would do so, but then new errors appeared. That is why what happened this summer was so serious rather than the initial errors in the papers.

On reputation and the market, all the main awarding bodies had errors, so there is no market mechanism—no one of them could say, “We had no errors but the others did.” My third argument is that all regulators have such powers. We cannot rely on the nuclear option of ending accreditation.

[Damian Hinds (East Hampshire) (Con)]

There are considerable costs for schools when they switch from one awarding body to another. Does my hon. Friend therefore agree that the idea of a market operating in the normal way does not quite apply?

[Mr Gibb]

My hon. Friend is right. All kinds of other factors will determine which awarding organisations schools use and why, and there is a “stickiness” compared with the fluidity that might exist in another market situation.

Lords amendment 37 would give the Secretary of State the power to pilot the use of direct payments in education for children with special educational needs. In the Green Paper on special educational needs and disability, we committed to give every child with a statement of SEN or a new education, health and care plan the option of a personal budget by 2014. One element of a personal budget can be a direct payment to a family to buy support for their child. Direct payments are already being used in health and social care, and we want to test how the greater choice and control they give to families can be effectively achieved in education too.

With those brief remarks, I commend the Bill and these amendments to the House.

[Kevin Brennan]

In this debate on Lords amendment 1 and all the amendments that it is highly convenient—for the Government, anyway—to group with it, I note that the Bill returns to us from the Lords without any non-Government amendments. Perhaps that is a reflection of changing times and the new, rigid hegemony in the other place, whereby amendments are rarely passed there without the Government’s say-so.

[Mr Gibb]

I thought that the hon. Gentleman might be a little more generous about the powers of persuasion of my hon. Friend Lord Hill.

[Kevin Brennan]

I was indeed going to be generous—about the powers of persuasion of our Front Benchers in the House of Lords. They persuaded the Government—more effectively than my hon. Friends and I in the Commons did—to change their mind on one or two issues, which I shall come to in a moment.

The Minister has taken the trouble to talk us through the Lords amendments, as he said he would, but some questions emerge from what he said that, if he has the leave of the House to speak later in the debate, I hope he will answer. Lords amendments 1 to 4 relate to clause 8 and the Secretary of State’s functions in relation to teachers. The Bill abolishes the General Teaching Council for England. I note that some criticisms have been made of its operations. One year after the publication of the White Paper, “The Importance of Teaching”, in which the Secretary of State said—I agree with him about this—that there was

“no calling more noble, no profession more vital and no service more important than teaching,”

it is significant that he has taken the opportunity to abolish the professional body.

The Bill transfers some of the General Teaching Council’s functions to the Secretary of State, among which is the power to prohibit a teacher from teaching. In Committee in this House, we debated an Opposition amendment—which, surprisingly, was not successful—that would have required the Secretary of State to keep a list of persons prohibited from teaching. I note that Lord Hill confirmed in the other place that the Government believe that a database of teachers prohibited from teaching will be established. We tabled amendments here and in the other place to require the Secretary of State to keep a register of qualified teachers—again, to our surprise, without success—but Lord Hill indicated that he would consider the matter, saying,

“we have been persuaded by concerns raised in this House and elsewhere that there is a genuine need for the Government to help schools to know who has qualified teacher status and who has passed induction.”—[Official Report, House of Lords, 18 October 2011; Vol. 731, c. 257.]

That is welcome. He went on to confirm that there would be an online database from 2012.

Another concern is the proposal to give employers discretion over which cases of misconduct—those that might lead to the prohibition of a teacher—to refer to the Secretary of State. Again, colleagues in both Houses raised concerns about transparency and consistency. I welcome Lord Hill’s notification to Baroness Jones that the Government are developing advice on the new system to help professional conduct hearing panels determine when a teacher should be prohibited from the profession and that such advice will be available publicly.

Lords amendments 1 to 4 would enable the Secretary of State to issue interim prohibition orders—quickly imposed orders that prevent a teacher from undertaking work while the Secretary of State is considering their case—where he considers it in the public interest to do so, and they must be reviewed every six months. The amendments were tabled in Grand Committee in the House of Lords, but I do not think they were debated there. Their rationale was not given, so when the Minister replies he might like to emphasise what the rationale was, what the amendments will achieve, why they are so important and perhaps why they were not included in the first draft.

Lords amendments 5 to 15 relate to restrictions on the reporting of alleged offences by teachers, about which we had an exchange earlier. We have supported the Government’s intention to help protect teachers from malicious allegations, but we have also been keen to ensure that the provisions are properly scrutinised, as there is a possibility of unintended consequences.

The Lords amendments would extend the reach of clause 13 to cover tentative allegations against teachers. As the Minister rightly pointed out, following advice from the trade unions and others, we argued that the clause’s reach could be extended so that the restrictions apply not only to teachers in schools but to other school staff. The Chair of the Select Committee, the hon. Member for Beverley and Holderness (Mr Stuart)—I am sure it is only a matter of time before he becomes a right hon. Gentleman—mentioned this earlier. In our view, other school staff and staff in further education colleges should be included. The impact of a publicly reported unproven allegation, which the Minister eloquently described, applies to those people, too, and is potentially equally damaging. I understand the Government’s general desire to limit the number of people on whom the provisions will have an impact, but I do not understand why teachers in FE colleges should not be covered when teachers dealing with young people of the same age group in sixth forms—quite possibly teaching exactly the same subjects—are covered. This seems to be an inconsistency in the Bill.

I note what the Minister said about extending the provisions to cover tentative allegations. I make it clear that we do not object to that, but we ask him to be absolutely clear about his motives for including the amendments at this stage. Does he have any further thoughts on the desirability of extending the scope to include non-teaching staff and all staff in FE colleges? If he has any compelling reasons why those staff should be excluded, we would like to hear them. Having listened to him earlier, I am not sure what his evidence is for excluding these staff from the scope of the provisions. I understand why he might want to limit the number of people covered—perhaps that is why he has put a ring fence around teachers—but I do not understand the rationale for failing to include the other staff.

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[Mr Gibb]

As the hon. Gentleman will know, the previous Administration, of which he was part, considered extending the fining power to Ofqual. Indeed, Kathleen Tattersall lobbied Members of Parliament for it to be introduced during the Committee stage of the Apprenticeships, Skills, Children and Learning Bill before the election. Ofqual will launch a consultation when it begins to set out the circumstances in which the new power will be used, and the consultation will last 12 weeks in the normal way.

[Kevin Brennan]

Not only am I aware of that, but I actually said about two minutes ago that it had originally been in the White Paper that the Labour Government introduced. That does not alter the fact that had the Government intended to do this, they could have consulted on it originally, rather than hang it as a bauble on a Christmas tree Bill and react to newspaper headlines. It seems that these proposals have been rushed. I welcome the fact that there is to be a proper consultation, but consultations should happen before proposals are enacted rather than after.

Lords amendments 18 and 19 remove clauses 30 and 31, which repeal the duties to co-operate with a local authority and to have regard to the children and young people’s plans. We welcome the Government’s support for reinstating the duty to co-operate by removing clauses 30 and 31. Labour Members on the Public Bill Committee voted that clause 30 should not stand part of the Bill, but Government Members defeated us. Baroness Hughes co-signed the amendments to leave out clauses 30 and 31, so we strongly support their removal. Had they remained part of the Bill, the Government would be putting the reduction of alleged bureaucracy ahead of the safeguarding needs of some of our most vulnerable children. In their professed zeal for cutting as many processes, systems and guidance as possible, the Government were in danger of throwing out things that raise standards and improve safeguards for our children. These duties are examples of the latter.

As I said in an intervention, in Committee the Minister characterised the duty to co-operate as an unnecessary prescription and went on to say that it was not appropriate to delay the removal of that burden on schools. In the Lords, Lord Laming spoke eloquently and convincingly to expose the irresponsibility of the Government’s position:

“In every inquiry that has followed a tragedy to a child with which I am familiar, two key messages have permeated every report like the lettering through a stick of rock. The first is that in future each service, including education, must greatly fulfil its particular responsibilities to promote the safety and well-being of each child. The second is that each service must develop the skills to work successfully across organisational boundaries and share information at an early stage.”—[Official Report, House of Lords, 30 June 2011; Vol. 728, c. GC268.]

I can understand why the Government might have listened to Lord Laming more readily than they listened to us in the Commons, but they were fully aware of the views of Lord Laming and others on these matters.

Lord Laming went on to say:

“The development of children’s plans and children’s trusts under the Children Act 2004 were designed specifically to place the well-being and the promotion of care of children in this wider context. In the letter which the Minister sent to me, he said that the Bill simply reverts to the earlier position.”—[Official Report, House of Lords, 30 June 2011; Vol. 728, c. GC268-269.]

So that was what the Government wanted to do: to revert to the earlier position—the one pre-Laming—using this Bill. By including these clauses, they originally showed their disdain for the services and processes that have since been put in place to keep our children safe. It is abhorrent that any Government, not least one who said at one time that they wanted to be the most family friendly ever, should be willing to risk the safety of our vulnerable children just so that they can reduce prescription.

I am glad that the Government have got it, albeit late in the day, but I am concerned that this is a temporary change of mind. I was not assured by what the Minister said in reply to my intervention, because Lord Hill’s letter to Baroness Hughes on 12 October said:

“We are persuaded that the duty in itself provides schools, colleges and others with sufficient freedom to determine the arrangements that work best for them”.

In a letter of 6 October 2011 to Baroness Hughes, he said that the reason for the Government’s change of mind was that this was a temporary measure while they worked through how to achieve better collaboration in the planning, commissioning and delivery of services.

I welcome the Lords amendments, but we want to strengthen them slightly. We have tabled an amendment that would ensure that schools must in all cases have regard to children and young people’s plans created by children’s trust boards, whether or not they are made under section 17 of the Children Act 2004. I should like an assurance from the Minister. Are the Government committed long term to a wide-ranging, overarching duty on schools to co-operate with local authorities and other local partners, which include health and police bodies, to promote the well-being of children? Is that a long-term commitment of the Government, or do they intend to water down or attempt once again to abolish the duty in the future?

[Mr Gibb]

Perhaps I can help the hon. Gentleman by quoting my noble Friend Lord Hill, who said in another place that he accepted the point made by our noble Friend Lady Walmsley that

“at a time when the Government have recently announced pathfinders to test and work through our SEN Green Paper proposals, which seek to encourage greater partnership working, we should not risk sending…any confusing messages about the importance of partnerships. I took their advice and decided that the simplest thing to do was to delete the relevant clauses.”—[Official Report, House of Lords, 24 October 2011; Vol. 731, c. 634.]

[Kevin Brennan]

The interesting thing is that one reason why the Government became confused or were in danger of sending out confusing messages was the interminable delay in the publication of the Green Paper on SEN, which we were promised well before the consideration of the Bill in Committee and which finally turned up extremely late. Had it been published on time, perhaps the Government would not have been in danger of sending out confused messages, but I simply reiterate that we are concerned that the Government do not appear to have a long-term commitment to give schools an overarching duty to co-operate. We await confirmation from the Government that they believe that such an overarching duty to co-operate is important and should be retained in the long term.

Labour’s amendment (a) to Lords amendment 19 would require maintained schools to have regard to children and young people’s plans produced by children’s trust boards whether or not that is prescribed in regulations made by the Secretary of State. We voted in the Commons that clause 30 should not stand part of the Bill. Our amendment to delete clause 31 and insert another clause is intended to extend that opportunity for that omission to be retained.

The Government’s suggested changes to the law on the arrangements to admit pupils to school have been debated throughout the Bill’s passage through Parliament. On two occasions—on Report in the Commons and Lords—the Government have introduced amendments that have responded to some if not all the points made by the Opposition. The whole point about admissions is fairness and how we can have a system that gives children fair access to local schools in accordance with their parents’ wishes. In the centrally managed schools system that the Government are creating, it is regrettable that the Government have resisted placing a clear and unequivocal duty on the Secretary of State to work towards fair access to education.

We welcome the reinstatement of the duty on local authorities to send reports to the adjudicator, which is the effect of amendments 21 and 22. The fact that the reports will not now receive the special treatment for such reports, which is removed by amendment 20, is regrettable, although I hope that it does not lessen their importance and that the contents will still receive the full attention of the adjudicator. I trust that that is what will happen.

--- Later in debate ---

[Kevin Brennan]

The Government made it clear during the Commons stage that they wished the academies to be subject to the admissions code. We welcomed that at the time and I am happy to welcome it now, because any state school should have a fair admissions policy. Any school funded by the taxpayer should admit pupils on a fair basis in accordance with the code. We therefore welcome the extension of the code to academies and the clarification of that by the Government, rather than relying on funding agreements in order to achieve that.

One of the innovations of the Bill that we debated is the change to the powers of the schools adjudicator. Currently, when an admissions authority is found to be in breach of the code, the adjudicator can rectify any flaws with immediate effect, but following the passage of the Bill, the adjudicator will be able to make only “binding” decisions, which the admissions authority will be obliged to implement. Ministers have already made it clear that the purpose of that change is to emphasise the importance of schools taking responsibility for their own actions, but it should not allow them the scope to avoid those responsibilities or to frustrate parents who have made a successful complaint and have a legitimate expectation that matters will be put right promptly.

The draft version of the admissions code was pretty clear. Paragraph 3.1 stated:

“The admission authority must revise their admission arrangements immediately to give effect to the Adjudicator’s decision.”

That was the original version of the code issued by the Minister, which was pretty clear and unambiguous, as it should be. However, I was dismayed to read in the revised version of the draft code, published 10 days ago, that paragraph 3.1 has been changed. It now states:

“The admission authority must where necessary revise their admission arrangements as quickly as possible and no later than 15 April following the decisions (i.e. the deadline for determination of admission arrangements) to give effect to the Adjudicator’s decision.”

It is not clear from reading out those two sentences, but there is an important difference in their visual presentation. In the first sentence the word “must” is rendered in bold, whereas in the second sentence it is in plain text and “15 April” appears in bold. The proper sense of urgency and compulsion seems to have been replaced by one of contingency and delay. Although the second sentence states “as quickly as possible”, which is a weaker statement, the eye is drawn to “15 April”. Bearing in mind that the deadline for objections has been brought forward by a month to 30 June—a sensible change that we support—that means that there could be a delay of 10 months or more before a decision is implemented, which is simply unacceptable.

It is not necessarily for the legislation or the new code to undermine the effectiveness of the office of the adjudicator in a wholly unnecessary attempt to provide for circumstances that have not proved problematic under previous arrangements, so our amendment would put it beyond doubt that, where changes are required in response to valid objections, they must be implemented in time to benefit those who made them.

On constituting governing bodies, to which the Minister referred, it might be helpful if he offered some clarification. Our amendment was intended to make it absolutely clear what the Government’s amendments mean in relation to staff on governing bodies. In Committee, the Minister said:

“I am cautious about prescribing centrally the basis on which governing bodies should appoint people.”––[Official Report, Education Public Bill Committee, 31 March 2011; c. 811.]

Having had time to consider the matter, the Government and the Minister appear to have changed their minds completely. If that is the case, we welcome it. Will the Minister confirm that he now thinks that more than one member of staff could be a member of a governing body, which might help us in relation to our amendment? If he does so now, he might not need to later.

[Mr Gibb]

I am happy to confirm that we want to reduce the amount of prescription on how to constitute a governing body. After deliberation and discussions with Members of this House and in another place, we have said that we will prescribe one staff member and one local authority representative, but that does not remove the discretion of governing bodies to appoint others; it is merely stating that there should be one staff member and one local authority member.

[Kevin Brennan]

That is extremely helpful. The Minister’s words will probably satisfy us so that we need not press that amendment to a vote later.

The chief inspector and the question of whether schools can be exempted from inspection were the subject of our earlier debate and of some interventions by me, the Chair of the Education Committee and my hon. Friend the Member for Scunthorpe (Nic Dakin), who is no longer in his place—I almost said Grimsby, but it is important to get the right part of Lincolnshire. Those remarks, and what the Prime Minister said earlier today about coasting schools, bring the issue more clearly into focus. As it stands, the clause removes the requirement for Ofsted—in other words, the chief inspector—to inspect and issue a report on each school in England, at a frequency set out in regulations, that rates the overall quality of the school and sets out its areas for improvement. Clause 41 will have a similar effect on further education institutions, which will be debated in the second group of amendments.

In effect, the provisions would exempt certain schools from section 5 inspections. Furthermore, the exemption would not be for a fixed number of years, and neither would a school be exempt only until something indicated that standards needed to be re-checked, such as a complaint from parents or pupils, a change of head, or concern being expressed by the local authority. It is possible that, under the clause, some schools could be exempt from inspections almost in perpetuity unless they wanted to pay for one.

It was pointed out earlier that a school could still be inspected under the chief inspector’s programme of surveys of curriculum subjects and thematic reviews, during which time the chief inspector may elect to treat the inspection as a partial section 5 inspection. However, that does not mean that every school would be inspected—far from it. In the case of the curriculum and thematic reviews, only parts of the school’s performance would be looked at.

The Prime Minister said earlier today that he was concerned that comprehensives in wealthy villages and market towns were sometimes coasting, although I do not know why he picked out comprehensives; that could apply equally to grammar schools in some parts of the country. He said that the fact that their

“respectable results and a decent local reputation”

hid the fact that their pupils could be performing much better. We know how quickly schools can move, for a variety of reasons, from being outstanding to what the Prime Minister describes as “coasting”. The Opposition’s proposals to provide more triggers for inspections when real concerns arise should have been accepted by the Government.

When Sir Michael Wilshaw gave evidence to the Select Committee on 1 November 2011, during his pre-appointment hearing before taking on his role as the new chief inspector of Ofsted, he said:

“Ofsted is about raising standards and it seems to me that there are only two levers for raising standards; one is Government and regulation, and the other is Ofsted.”

He later went on to correct himself, saying that he meant “two main levers”, stating:

“In terms of accountability, Government and Ofsted are the two main levers.”

In relation to the amendments, will the Minister tell us whether he agrees with the new chief inspector of schools in that regard?

--- Later in debate ---

[Mr Stuart]

Yes, and Alison Wolf suggested in her report that more 14 to 16-year-olds should attend FE colleges, so this provision would affect them as well as 17 to 18-year-olds, for whom the provision might be less relevant. I hope Ministers will think about this anomaly and find a way of equalising the situation.

The Government make what seems like a very reasonable case on strengthening Ofqual’s enforcement powers. Ofqual does not have as wide-ranging powers as other regulators, and there is a very quick step from its making requirements on awarding bodies to the nuclear option of removing their ability to provide awards at all. It therefore seems reasonable to have more moderate powers in the middle, such as the power to make fines, but this Government are committed not to following such easy logic unless there is a very strong—nay, an overwhelming—case for giving new powers to some non-governmental, unelected quango, such as Ofqual, so in an intervention I asked the Minister to make the case. He made a brave effort, as he always does, being a highly esteemed colleague and an excellent schools Minister, but he really did not make the case.

We did not hear about the number of times that awarding bodies have deliberately flouted Ofqual’s requirements—that OCR, when required to do something by Ofqual, just ignored it, left it as long as possible and did it only if it felt like it; or that the lack of anything other than a nuclear button meant that OCR did not want to comply.

Following this summer’s examination paper errors fiasco, no one was more embarrassed and determined to put it right than the awarding bodies. They collectively and individually felt that it was embarrassing, and they wanted to put it right as quickly as they could. The numbers were somewhat higher than in previous years, but the attention paid to them this year was rather greater than the increase in problems, and I know at least one case in which there was only one error in 100,000 questions.

I want to see all such errors eliminated and to know that those bodies are straining every sinew to put the situation right, but I am not yet convinced that a fining regime, however conveniently it may fulfil the Prime Minister’s promise to do something about the situation, is the right approach.

[Mr Gibb]

rose—

[Damian Hinds]

rose—

[Mr Stuart]

I give way to the Minister.

[Mr Gibb]

The measure is about incentives. If a not-for-profit or commercial operation seeks to ensure that there are no errors, the exponential cost of ensuring that there are zero errors is a cost to that organisation, so the fining powers provide an equal and opposite cost to the organisations that do not incur those costs to do their best to eliminate errors. That is the purpose of the fining provisions.

--- Later in debate ---

[Richard Fuller]

I appreciate my hon. Friend’s intervention. As Chairman of the Select Committee, he is very knowledgeable in this area, and I look forward to discussing the issue with him further. Let me add a couple of additional concerns. Although we agree on the overall direction of travel, we might also reach some concordance over concerns.

The proposal in Lords amendment 37 is to deal with this issue through setting up pilot schemes in some areas. I am in favour of that. What will be the benefit for children with special educational needs? Their parents already put an enormous amount of effort into supporting their children. We call on them not only to go out and work hard, but to provide that support at home and that takes up an enormous amount of time. To place on top of that the burden of an individual budget—however it is implemented—places significant additional burdens. Let me explain a couple of them.

I have spoken to parents of children with special educational needs in my constituency. Overall, they are enthusiastic about some of the proposals in the Government’s Green Paper, but they strongly voiced their concern about the complexity of placing additional burdens on parents. They want these responsibilities, but the complexity involved is significant.

[Mr Gibb]

It will not be compulsory to have a direct payment. It will be an option that parents can take up if they wish. The fears that my hon. Friend expresses should not come to pass.

--- Later in debate ---

[Stephen McPartland]

My hon. Friend makes a fantastic point, but I must stop myself agreeing with him. I believe that the reputational risk is only a very small part of the problem with Ofqual’s relationship with awarding organisations. The problem is that Ofqual has only the nuclear option, to which the Minister referred, of saying, “You are either in or out.” I imagine that causes a great deal of conflict in Ofqual when it investigates an organisation. My hon. Friend knows from his vast business experience that the cost of doing business is often factored into every meeting, and I have no doubt that the cost of engaging with Ofqual is included in every meeting.

[Mr Gibb]

I want to put on the record the fact that Ofqual will consult on the definition of turnover it will use for the 10% figure. Other regulators have always defined turnover in relation to regulated activities and not beyond them.

[Stephen McPartland]

I thank the Minister for that clarification. One of the little-known problems with Ofqual’s relationship with awarding organisations is that often when it requests information the organisations can ignore it—I am not saying they do so—because they know that Ofqual only really has the nuclear option; it can either engage with them or not engage. That becomes the organisations’ point of view on the relationship they want with the regulator, rather than the view of the regulator in trying to regulate the industry. We referred to the industry earlier as a market, and it is worth almost £1 billion a year in the UK. There are 182 awarding organisations.

[Stephen McPartland]

I very much agree with my hon. Friend, because reputational risk is very important. The problem is simply that it comes back to reputational risk and the nuclear option, as many awarding organisations can take a chance and build into their business models the number of mistakes they can make before they appear in national headlines. I am not saying that that is what they are doing, but with Ofqual’s current position there is a very odd situation in which the awarding organisations can identify the relationship they want with the regulator, rather than the regulator regulating the industry.

Providing Ofqual with the ability to fine awarding organisations at 10% allows it to say, “If you don’t comply and engage with us, we can fine you up to 10%.” I agree with the Minister that there will no doubt be a sliding scale and that it will be introduced with consultation, but the key point, as my hon. Friend the Member for East Hampshire (Damian Hinds) noted earlier, relates to the Japanese example of smashing one circuit in 1,000 to ensure that they comply. We do not want one mistake to ensure that Ofqual and the awarding organisations comply with one another; we want them to have a relationship based on trust and understanding and, as a last resort, for there to be the threat of fine if the awarding organisations do not engage with Ofqual. Reputational risk is important, but I think that we all understand that what affects people ultimately is the bottom line: what profit they are making and how they are engaging. That is what is important, because that is what they are employed to do. I broadly agree with the Ofqual situation. There is a bit of conflict, because it means giving a quango more powers, but in this situation I think that that is correct.

We also had a robust and prolonged debate on Ofsted, with many interventions. There was a suggestion that some schools would not be inspected for perhaps 10, 15 or 20 years, but in practice that is unrealistic. I was under the impression that when a new head teacher took over a school, particularly a primary school, traditionally that would trigger an Ofsted inspection within a couple of years. I understand that under the Bill’s provisions Her Majesty’s chief inspector of schools will trial a new approach so that, when a new head teacher takes over, the inspector will contact the school to discuss the performance and the head teacher’s plans for the future, which I think is a much more effective way of working with outstanding schools.

Triggers have been mentioned. I understand that there will be a guaranteed minimum re-inspection rate of 5% and that governors, through the powers and freedoms we are allowing them—the hon. Member for North Cornwall (Dan Rogerson) spoke effectively about this in Committee on several occasions—will be able to say that they are losing confidence in how things are going. If parent governors in our constituencies believe that children are not getting access to the best education, they phone their MP or local authority straight away to demand the best for their children. That would also ensure that those schools will have the best from the new freedom to engage and not to be inspected every couple of years.

On a wider note, I am pleased that Ofsted will no longer give six or seven weeks’ notice of inspections. The notice period had meant that teaches would often work for 15 or 16 hours a day for six or seven weeks, including weekends, to try to ensure that their school is seen at its best. I do not believe that that is the best way of conducting inspections. What Ofsted is doing at the moment is giving a couple of days’ notice before turning up, which provides a much better reflection of the school. As the years go by, that will provide a much better snapshot of what is happening.

Also, the freedoms for academies in the Bill will lift education across every constituency and local education authority area. Competition is the wrong word to use in a debate on education, but those schools, head teachers and teachers will be seeking to attract the best children. It is important to focus on providing the children with the best schools. Many of the outstanding schools will not now be inspected as often as before, but they will be spending their time helping neighbouring schools that do not have the best procedures in place to move towards becoming outstanding. I welcome the Bill’s proposals in this area.

My final point relates to direct payments for special educational needs. The Minister said earlier to my hon. Friend the Member for Bedford that people would be able to opt into this process, and I am grateful to him for that, because I would have had great hesitation in supporting any kind of compulsory measure. Now that the Minister has clarified the position, however, I can support the proposal.

[Mr Gibb]

With the leave of the House, I should like to respond to this interesting debate. I am grateful to my hon. Friends the Members for Beverley and Holderness (Mr Stuart), for Bedford (Richard Fuller), for South West Norfolk (Elizabeth Truss), for Stroud (Neil Carmichael), for East Hampshire (Damian Hinds) and for Stevenage (Stephen McPartland) for their thoughtful contributions, and I shall respond to as many of their points as possible, in addition to speaking to the amendments tabled by the hon. Members for Liverpool, West Derby (Stephen Twigg) and for Cardiff West (Kevin Brennan).

The hon. Member for Cardiff West asked me to say a little more about Lords amendments 1 to 4, which relate to interim prohibition orders. Since the Bill’s introduction, it has included a new power for the Secretary of State to make such orders. Many regulators have a power of that kind for use in the rare cases when it is in the public interest to bar an individual while an investigation is under way, prior to a final decision being made. When the Delegated Powers and Regulatory Reform Committee scrutinised the Bill, it asked about the safeguards that were going to be put in place. As a matter of policy, we intended the issue of interim suspension orders to be possible only when it was in the public interest, and subject to regular six-monthly reviews when requested. The Committee suggested that those quality safeguards be placed on the face of the Bill. The amendments were debated briefly in Grand Committee before being made in the other place.

On extending teacher anonymity, we have to proceed on the basis of evidence in restricting press freedom. I have already cited the findings of our survey. Teachers are much more likely to be the subject of allegations than other staff in schools. The hon. Gentleman mentioned the teachers of 16 to 19-year-olds in further education colleges, but the evidence from the survey shows that just 1% of allegations related to teachers in FE colleges, compared with 23% relating to school teachers. The NASUWT’s records show that, in the past 10 complete years, it has provided a solicitor in relation to 1,592 cases of allegations against teachers, of which 1,439 resulted in no further action being taken.

The survey related to local authority designated officers—LADOs—and the total number of allegations of abuse that were referred to LADOs in the 116 local authorities that responded to the survey was 12,086, of which 2,827, or 23%, related to teachers. Of those, allegations of abuse related to 0.6% of the teaching profession as a whole. That means that there are 1.5 times as many allegations against teachers as against support staff, which had a figure of 0.4% of the total non-teaching population.

On the basis of that survey, I believe that we have got this measure right. I say with all due respect to my hon. Friends that we must not let the best become the enemy of the good. I have heard Members on all sides of the debate today pushing to extend the measure to more staff, and not to extend it to teachers because of the effect that it has on them, but I think that we have got it just about right.

--- Later in debate ---

[Mr Graham Stuart]

My hon. Friend is right to quote the Prime Minister, who in turn is right to identify this issue. What practical steps can be taken under the current regime to target those schools that are above the floor targets for five good GCSEs and that have limited resources for Ofsted? How will it be possible to ensure that they get the focus that the Prime Minister, the Minister and I would like to see?

[Mr Gibb]

rose—

[Madam Deputy Speaker (Dawn Primarolo)]

Order. I am sure that the Minister will ensure that his response is relevant to the amendments that we are discussing.

[Mr Gibb]

Thank you, Madam Deputy Speaker. In the light of your ruling, I will make just one point to my hon. Friend which is relevant to the amendments. The performance tables will identify the results and show how well children did at primary school. There will be a column for children who achieve level 5 at key stage 2, and another column for those who achieve level 3 at key stage 2. There will also be columns for those with special educational needs and those with disabilities. That will help to identify those schools that are coasting, and we will then take action against those schools or help them to improve their results.

The hon. Member for Cardiff West also talked about triggers for inspections. That is a matter for Her Majesty’s chief inspector, but I can confirm that there will be annual risk assessment for outstanding schools, which will normally commence three years after the last inspection. Where there is a change of head teacher before that point, however, the chief inspector has agreed to bring forward the risk assessment, including an HMI review. Ultimately, however, we have to leave it to the professional judgment of the inspector to determine whether an inspection should be triggered. Factors to be taken into account might include: the performance data of a school that had previously been judged to be less than outstanding in achievement or teaching not showing signs of improvement since its last inspection; progress measures showing that pupils or students were not making good progress in comparison with similar groups nationally; or below-average attendances showing little sign of improvement. Many factors can act as a trigger for an inspection.

The hon. Gentleman also raised the issue of admissions. I thank him for his attention to detail in scrutinising the codes, but I can assure him that they are statutory. “Must” means “must” in those codes; they have the full force of the law. On his wider point, the vast majority of the changes can be implemented quickly, but there are cases in which they might take longer than 14 days, at which point 15 April will form an ultimate backstop. The key point in paragraph 3.1 of the code states that the adjudicator’s direction should be implemented as quickly as possible.

[Kevin Brennan]

I thank the Minister for his comments. Would he be prepared to put it on the record that going right up to 15 April should happen only on very rare occasions, rather than in the majority or a large minority of cases?

[Mr Gibb]

What I will put on the record are the words used in paragraph 3.1 of the code, which states that admission authorities must where necessary revise their admission arrangements as quickly as possible, and no later than 15 April, following the decisions to give effect to the adjudicator’s decision. It goes on:

“An Adjudicator’s determination is binding and enforceable.”

I will come back to that point when I address the hon. Gentleman’s amendments in more detail.

On Ofqual, the power to fine would be used only where that was the most proportionate response to an incident of non-compliance with its conditions. As I have said, Ofqual will consult on the use of its power and will publish a full statement as part of its qualifications regulatory framework setting out how and under what circumstances the power will be used. That will make clear Ofqual’s expectation that only serious or persistent breaches will lead to a fine. Of course, it will allow 12 weeks for responses to that consultation.

[Mr Graham Stuart]

Can my hon. Friend give examples of instances in which such a measure might have been triggered in the past?

[Mr Gibb]

The incidents I would cite are those from this summer when there were persistent errors. The persistence came, in particular, after we had asked the awarding organisations to check that there were no further errors. They did those checks and confirmed that there were none, but then further errors were discovered and damage was caused. That is an example of persistence in the errors we are trying to eliminate from the system.

The hon. Member for Cardiff West asked for an explanation regarding Lords amendments 89 to 91 about land. The Bill introduces new powers to transfer the publicly funded land of foundation and voluntary schools and academies to free schools and academies when those schools close or the land is to be otherwise disposed of. Lords amendments 89 to 91 reduce the reach of those new powers so that they do not apply to land that is leased to a new academy by a private landlord. Where we are engaging in commercial negotiations with private landlords for the lease of land to new free schools, we think it is more appropriate to protect any public investment in that land by contractual means rather than in statute.

The hon. Gentleman also raised the PFI issue and I am happy to restate the purpose of amendment 34. Under section 6(2) of the Academies Act 2010, a local authority “must cease to maintain” a school once it converts to academy status. Some banks and local authorities have asked whether that prohibition on maintenance might prevent a local authority from making a payment under PFI or other contracts. Our view is that local authorities have always been able to use their own resources to provide assistance, including financial assistance, to academies and to enter into contractual commitments and incur liabilities on their behalf. We are clear that section 6(2) of the Academies Act does not prevent the continuation of those activities. All academies are and will continue to be maintained by the Secretary of State under funding arrangements entered into under section 1 of the Academies Act, and any assistance provided by local authorities to academies, whether financial or otherwise, will only ever be a proportion of the total expense. Amendment 34 therefore confirms that local authorities can continue to make payments for academies under PFI and other contracts.

My hon. Friend the Member for Bedford and the hon. Member for Cardiff West raised the issue of direct payment pilots. The Minister of State, my hon. Friend the Member for Brent Central (Sarah Teather), who has responsibility for children and families, wrote to peers in the other place explaining the importance of introducing this new clause and consulted on the text of the draft clause, including in relation to special educational needs and disability organisations as well as local government interests. The principles behind the clause—greater choice and control for the families of children with SEN—are shared across the House. Indeed, the clause is modelled on legislation on the direct payment health pilots that were introduced by the previous Government. Let me reassure hon. Members that the orders needed to give practical effect to the clauses are subject to the affirmative procedure. These are, after all, powers concerning pilots rather than a national scheme and the clause has a sunset provision of four years.

My hon. Friend the Member for Beverley and Holderness asked about anyone being able to refer complaints to the adjudicator. We do not believe this change will lead to many more complaints. The regulations on which we are currently consulting will ensure that repetitive, vexatious or anonymous complaints cannot be made. I hope that will provide him with some reassurance. On the issue of spite, which he also raised, “anyone” does mean anyone, so it could be a school or a charity. The only proviso is that they must be willing to put their name to objections and to refer matters that are new or substantially new to the adjudicator.

My hon. Friend asked about consistency in the referral of misconduct cases by schools to the regulator. Evidence suggests that there is already variation in referrals despite the blanket duty on employers to refer all cases, and this duty has not been affected. Employers will know when a case of misconduct is serious enough potentially to require a referral from the profession, and they can use the draft prohibition guidance, which I can send to my hon. Friend, to help them make this decision. If a member of the public is not happy with the decision, they can refer a complaint to the Secretary of State.

My hon. Friend also asked about Ofsted’s capacity to deliver more rigorous assessments. We have discussed and agreed the more rigorous risk assessment, and Ofsted has the resources necessary within its budget to achieve this. Every organisation has to prioritise its resources in the current economic climate and Ofsted is no different.

I thank my hon. Friend the Member for Bedford for his continued and vocal support for academies and free schools. I assure him that it is right that admissions at academies and free schools must comply with the admissions code as set out in their funding agreements. As with all other state-funded schools, complaints about admissions will now go to the adjudicator.

My hon. Friend also raised concerns about particular families who do not adopt personal budgets—one third is the figure he cited—and the support they require. He argues for having pilots, and that is what the new clause does. I share his concerns about the possible burdens on families. That is why the pilots will look at the support available to families and how the system can be as straightforward as possible to use, as well as at which families take up those payments and which do not. On the point that the hon. Member for Cardiff West made, cost-cutting is not a driver for this policy—it is about having greater choice and control.

On the issue of Ofqual and how the Conservatives could support a regime of fining by a regulator, my hon. Friend the Member for East Hampshire set out the reasons why the qualifications market needs to be regulated. I should like to make it clear that turnover will be determined in accordance with an order made by the Secretary of State and that Ofqual will consult on how the fining regime is to operate.

I listened carefully to the comments of my hon. Friends the Members for Bedford and for Stevenage about primary schools. Primary national offer day will be 16 April. The idea is to co-ordinate the date rather than to put any new pressure on parents to get their children into certain primary schools. It merely makes things easier and less stressful for parents rather than more stressful.

Let me deal briefly with some of the amendments tabled by the hon. Member for Cardiff West. He will know that we have listened carefully to the concerns expressed in this House and in the other place in response to our original intention to withdraw schools and colleges from the duty to co-operate. The evidence of that engagement is clear in these Lords amendments. We have removed the “duty to co-operate” clause as well as the clause that the hon. Gentleman seeks to amend regarding the children and young people’s plan.

The hon. Gentleman’s amendment (a) to Lords amendment 23 relates to our plans to allow anyone to refer an objection to the schools adjudicator about the admissions arrangements at any state-funded school in the country. The amendment would require admissions authorities and others to comply with the adjudicator’s decision within 14 days of receiving written notice of that decision. Current legislation in this area, which was introduced by the Labour party, requires compliance to be forthwith. Let me assure the House once more that our changes to admissions do not affect the adjudicator’s power to consider and decide on the matter put to him and other matters as he sees fit, or to make binding decisions as a consequence. The amendment would impose a stringent national timetable for the implementation of such decisions. It is based on two false assumptions—first that schools do not wish to put things right, which they do, and secondly that all situations are the same, which they are not. On that basis, I hope that the hon. Gentleman will not press his amendment to a Division.

[Kevin Brennan]

I am grateful to the Minister for those comments, but can he firm up what he has said by making it clear from the Dispatch Box that he sees no reason why, in the vast majority of cases, the schools adjudicator’s ruling should not be implemented if not forthwith, then within a very short period of time and certainly not at the last possible moment?

[Mr Gibb]

I have already responded to the hon. Gentleman’s point by quoting paragraph 3.1 of the admissions code. That makes it very clear that these changes should be made as soon as possible and that they are binding.

On school governing bodies, I pay tribute to my hon. Friend the Member for Stroud for speaking up for the key role governors play in schools and for the important work he is undertaking in establishing the all-party group on school governors. I am also grateful to my hon. Friend the Member for North Cornwall (Dan Rogerson) for his helpful intervention on staff and local authority governors and for his welcome for the amendments he has inspired. We have made concessions on staff and local authority governors, and I therefore hope the amendment in question will not be pressed.

Lords amendment 27 on the regulations specifying which schools are to be exempt from routine inspection was made because of a specific concern raised by Lord Hunt of Kings Heath: that regulations made through the negative procedure could be extended beyond outstanding schools to whole categories of school—such as all academies or all faith schools—regardless of their inspection history, without sufficient parliamentary scrutiny. To provide reassurance on that, the Government propose that any subsequent changes to the first set of regulations, which have been made available to Members as indicative regulations since March, would require approval through the affirmative procedure. The amendment made in the other place will allow for appropriate scrutiny by Parliament. It is not necessary for the first set of regulations to be subject to that because it has been fully consulted on. We shall reflect on the points raised both in this debate and elsewhere before finalising those regulations.

I hope the amendments to the Lords amendments will not be pressed to a Division, and I commend the Lords amendments to the House.

Lords amendment 1 agreed to.

Lords amendments 2 to 26 agreed to, with Commons financial privileges waived in respect of Lords amendments 16 and 23.

Clause 39

School inspections: exempt schools

Amendment (a) proposed to Lords amendment 27.—(Kevin Brennan.)

Question put, That the amendment be made.

Grammar Schools

Nick Gibb Excerpts

Tuesday 8th November 2011 Westminster Hall

[The Minister of State, Department for Education (Mr Nick Gibb)]

I begin by congratulating my hon. Friend the Member for Dartford (Gareth Johnson) on securing this important debate, which has been interesting and well argued. As ex-grammar school pupils, we share a familiarity with the high standards and positive experience that grammar schools engender. I also know that he continues to serve as a governor at Dartford grammar school for girls to ensure that those standards and values continue. As the Sutton Trust recently reported, more than eight in 10 of girls at that school are accepted at university. At 83%, it is around the same percentage as Maidstone grammar school, which I attended for one year, where 87% are accepted. That record is testament to the work of the school, its staff and the girls themselves. More than nine in 10 pupils go to university from Dartford grammar school—the boys’ school.

This debate comes at a time of almost unprecedented reform in our education system, and I am grateful to my hon. Friend for paying tribute to the work of the Department since May 2010. For too long, standards were allowed to slip in far too many schools. I know that Sir Michael Wilshaw, Her Majesty’s new chief inspector at Ofsted, will bring a resolute determination to reverse that trend and to return the focus of all schools towards excellence rather than excuses.

Grammar schools ensure that thousands of state-educated pupils move on to higher education and to the most competitive universities. Around 1,050 grammar school pupils were studying at Oxford and Cambridge in 2009. Some 98% of pupils in grammar schools achieved five or more GCSEs at grades A* to C, including English and maths, compared with 57.8% of pupils nationally. In 2009-10, some 95% of grammar schools pupils who were eligible for free school meals achieved five or more GCSEs at grades A* to C, compared with about 31% nationally. The gap between the overall figure of 98% and the free school meals figure of some 95% of those in grammar schools achieving those good GCSE grades, which is about three percentage points, is absolutely critical. That contrasts sharply with the national figure.

In 2009, 55% overall achieved five or more GCSEs at grades A* to C, including English and maths, but for pupils who were eligible for free school meals the overall figure was just 31%. That gap of 24 percentage points has stubbornly remained over recent years. That is a disparity in outcome that we want to close or, at the very least, bring closer to the narrower gap that grammar schools have achieved for the simple reason that reducing the attainment gap between pupils from rich and poor backgrounds is one of the key objectives of the coalition Government. The question is how we can achieve that objective. How do we spread to the whole state school sector the grammar school ethos of high standards and ambition and of placing no limit on achievement?

No limit on achievement certainly seems to be the approach taken by Dartford grammar school. It is one of three such schools where, in 2010, more than 95% of pupils achieved the English baccalaureate’s combination of GCSEs. A further nine grammar schools scored above 90%, and 67.9% of grammar pupils achieved the E-bac nationally, compared with the overall national figure of 15.2%.

My hon. Friend the Member for Reading East (Mr Wilson) was right to pay tribute to Reading school, where 78% of the pupils achieved the E-bac, and to Kendrick school, where 72.8% achieved the E-bac.

[Kevin Brennan]

At Chislehurst and Sidcup grammar school, only 15% of pupils achieved the E-bac. Does the Minister regard that as a failure?

[Mr Gibb]

The hon. Gentleman makes a good point. There are a variety of standards in the list of grammar schools, and I believe that we will see a rise in that figure that he just quoted in the years ahead, just as we will see a rise in the proportion of pupils taking the E-bac right across the state sector, as schools focus on achieving results in the E-bac.

My hon. Friend the Member for Reading East raised the issue of the grammar school ballot provisions, both in statute and in annex E to the funding agreement. We have discussed these issues on a number of occasions and the head teachers of the two schools that he mentioned—Reading school and Kendrick school—have made very clear representations. Throughout the country, there have been just 10 petitions since 1998 and only one went to a ballot. That proposal to abolish a grammar school, in Ripon, was defeated by a margin of two to one, but we are looking very seriously at the technical issues that my hon. Friend raised both today and in recent weeks.

My hon. Friend the Member for Lancaster and Fleetwood (Eric Ollerenshaw) paid tribute to Lancaster girls’ grammar school, where 87.3% of the pupils achieved the E-bac combination of GCSEs, and to Lancaster royal grammar school, where 81.9% of pupils achieved the E-bac combination of GCSEs. Those are excellent schools, and my hon. Friend is right that we should not be engaged in wars about such excellence.

My hon. Friend the Member for Wirral West (Esther McVey) was right to extol the virtues of Calday Grange grammar school, where 87.3% of pupils achieved the E-bac, and the two Wirral grammar schools, where 77.3% of pupils achieved the E-bac combination of GCSEs.

My hon. Friend the Member for Rugby (Mark Pawsey) was right to pay tribute to Lawrence Sheriff school and Rugby high school. I listened very carefully to the important points that he made about the selection process, and local authorities should be advising parents about the options that are available to their children, particularly those who are from more disadvantaged backgrounds. I have also taken on board my hon. Friend’s important point about the environment in which the tests are taken.

My hon. Friend the Member for South Thanet (Laura Sandys) raised the issue of the ethos and popularity of grammar schools. It is that formula that the Government are now seeking to replicate in every school in the country and for every pupil, irrespective of family background. In this country, we have many exceptional schools and teachers who work extremely hard towards achieving those goals—in fact, we have some of the very best schools and teachers in the world—but we also know that many state schools are struggling to work in what is at times an almost unworkable system of bureaucracy and central control. As a result, we have fallen back in the programme for international student assessment rankings, from fourth to 16th in science, from seventh to 25th in literacy and from eighth to 28th in maths. Our 15-year-olds are two years behind their peers in Shanghai in maths and a full year behind teenagers in Korea and Finland in reading.

[Kevin Brennan]

When the Minister cites those figures, will he cite the change in the number of countries participating in the PISA survey, will he say over what period he is quoting and will he also give the Trends in International Mathematics and Science Study statistics for the same period?

[Mr Gibb]

Even if we take into account the increasing number of countries taking part in the PISA surveys, which took place in periodic years from 2000 onwards, the surveys still show this country declining. Also, the TIMSS survey is different, because it examines the curriculum of the countries in which children are tested, whereas the PISA survey looks at a common set of questions right across the different countries. The PISA survey is the one that we should be concerned about.

[Kevin Brennan]

It is only fair to put on record that, as the Minister knows, Andreas Schleicher, who compiles the PISA statistics, does not agree that there has been any absolute decline in performance in this country.

[Mr Gibb]

However, Andreas Schleicher also says that there has been no increase in performance in this country, whereas other countries around the world are increasing performance. That is the problem facing our young people if we do not improve standards in our state schools, because those young people are now competing for jobs in a global market. It is no longer good enough just to look at the past, because we now have to compare our system with the best systems in the world.

Our education system has become one of the most stratified and unfair in the developed world. Since coming into office, we have been setting out our vision for reform on four broad themes: improving the quality of teaching and the respect for our work force in schools; greater autonomy for schools to plan and decide how and when improvements should take place; more intelligent and localised accountability; and reducing and simplifying the bureaucracy that frustrates and demoralises teachers. Those themes formed the basis of the White Paper that we published a year ago this month, “The Importance of Teaching”, and I believe that grammar schools can actively support improvement in each of those four areas.

First, we want to get the best graduates into teaching by funding the doubling of the Teach First programme during the course of this Parliament, and by expanding the Future Leaders and Teaching Leaders programmes, which provide superb professional development for the future leaders of some of our toughest and most challenging schools. We want grammar schools actively to share their experience of staff development with other schools, in both the initial training of staff and the provision of professional development. We have had more than 1,000 expressions of interest in establishing teaching schools and 300 applications have already been received, with grammar schools among the keenest to sponsor or support local schools to improve standards in their communities.

Secondly, our drive for greater autonomy has seen 111 of the 164 grammar schools that made those applications become academies, and many of them support other local schools. The vast majority of grammar schools participate in some form of partnership with other maintained schools or academies, be that an exchange of staff, working with students or supporting school leadership. Between them, the newly converted academies have agreed to support more than 700 other schools and to support fellow head teachers through the doubling of the national and local leaders of education programmes.

Thirdly, it is vital to ensure that improvement is driven not by the Government but by schools themselves, through effective accountability that focuses on raising standards. We are overhauling the inspections framework to focus on schools’ “core four” responsibilities—teaching, leadership, pupil attainment and pupil behaviour. The E-bac sets a high benchmark against which parents can hold schools to account, and it helps to narrow the gap between those from the poorest backgrounds and those from the wealthiest backgrounds.

The Russell group of universities has been unequivocal about the core GCSEs and A-levels that best equip students for the most competitive courses and the most competitive universities—English, maths, sciences, geography, history and modern or traditional languages. However, nine out of 10 pupils in state schools who are eligible for free school meals are not even entered for those E-bac subjects, and just 4% of those pupils achieve the E-bac. In 719 mainstream state schools, no pupils who are eligible for free school meals were entered for any single-award science GCSE; in 169 mainstream state schools, none of them were entered for French; in 137 mainstream state schools, none of them were entered for geography; and in 70 mainstream state schools, none of them were entered for history. Academic subjects should not be the preserve of the few, but we need to free schools to achieve that aim.

Fourthly, therefore, we are dramatically reducing the bureaucracy that constricts achievement. In opposition, we counted the number of pages of guidance sent to schools in one 12-month period. They came to an incredible 6,000 pages—or six volumes of “War and Peace”, if people are inclined to consider it that way— yet they contained little of substance that schools do not already know or share.

The most recent example of our efforts is the recently completed consultation on the school admissions and appeal codes. There were some 130 pages of densely worded text, with more than 650 mandatory requirements that were often repeated. The revised versions, which we published last Wednesday, total just over 60 pages and are minimal in their requirements, while preserving the important safeguards as well as introducing new requirements, such as priority in admissions for children adopted from care. As my hon. Friend the Member for Poole (Mr Syms) said in his contribution, it is one of the most far-reaching changes that we can make if we give all schools, including grammar schools, a greater say over their own published admission number.

Currently, that intake number is tightly managed by the local authority to ensure that any increases do not affect the school down the road. That kind of rationing of places only limits choice for parents and pushes cohort after cohort of children to less accomplished schools, rather than giving good schools the freedom to expand and share their excellence.

Our approach is simply to let schools decide how many students they can offer a high quality of education within their own capital budget, while ensuring that they maintain standards or improve any underperformance. Why is that important? Quite simply, it is important because we want the number of places in all good schools to increase, to increase genuine choice for parents. Even marginal increases in some areas will lead to a positive cycle of increased standards. Critics who argue that that will create sink schools overlook the current admissions codes—

[Jim Sheridan (in the Chair)]

Order. We must now move on to the next debate. Before doing so, I ask colleagues who are leaving Westminster Hall to do so quickly and quietly.

Schools (Bradford)

Nick Gibb Excerpts

Tuesday 8th November 2011 Westminster Hall

[The Minister of State, Department for Education (Mr Nick Gibb)]

I congratulate my hon. Friend the Member for Bradford East (Mr Ward) on securing the debate. Clarity on how the Government are funding and ensuring fairness and choice for parents and their children throughout the country is important. The debate is particularly timely, as the academies and free schools programmes gather pace and as we announce our additional basic need allocations for those areas deemed to be most in need, which include Bradford.

Bradford is playing an active part in the academies programme, with seven schools already open as academies and another 10 in the pipeline. Bradford has 27 outstanding schools, which offers an excellent basis on which to continue to drive up standards and school-to-school collaboration. Currently, two free schools in Bradford are open, both of which directly support local needs. The Rainbow free school aims to improve education quality for children in central Bradford and to reach out to children in challenging circumstances. The positive local reaction to the Kings science academy was reflected in a high volume of applications for places in its first year.

My hon. Friend mentioned five free schools altogether, and a further three are due to open in September next year, helping to provide new school places where they are most needed. However, I accept his point that the need goes beyond the supply provided by the new schools. What has been achieved is educational transformation, delivering professional autonomy and recognising the expertise of teachers and the best leadership in the country. That is what we hope to achieve through the academies and the free schools programmes. None the less, real challenges face Bradford, with its increasing school population and the capital expenditure needed to repair and maintain its schools.

My hon. Friend was right to point out the political dishonesty of announcing a major piece of school funding one month before there had to be a general election and when everyone knew that there simply was not the sum of money needed to provide such a scale of school building in any part of the country, let alone in one particular area. The Chief Secretary wrote on leaving office that “there is no money”. It was political dishonesty of the worst kind to make those promises in Bradford and elsewhere, writing blank cheques when there was no money to support them.

We are committed to providing practical support to enable Bradford to manage its pressures. On school places, the Secretary of State’s 3 November announcement on capital allocation included a further £500 million for basic need, in addition to the £800 million announced for the same financial year to reduce pressure on school places. As my hon. Friend said, that led to £7.4 million for Bradford, in addition to the basic need allocation of £10.3 million in 2011-12, announced last year. That is on top of the £45.9 million of capital grant for Bradford in 2011-12, which covers capital needs including maintenance.

On school buildings, the priority schools building programme, which was announced in July 2011, targets those schools that are in the worst condition or have severe basic needs. Four Bradford schools have applied, one of which is Carlton Bolling; as my hon. Friend pointed out, parts of that school are structurally unsound and cordoned off from use by pupils and staff. Each application will be assessed fairly on its merits and against the criteria. Once all applications have been assessed, the successful schools will be announced, which should happen by the end of the year.

On disadvantaged pupils, in 2011-12 the Government are providing a pupil premium of £9.1 million for more than 18,000 pupils in schools throughout Bradford. I was taken by the point made by my hon. Friend in oral questions concerning the churn of pupils in his schools—60% of the year 3 pupils had not been at that particular primary school in reception. However, we must still provide a high quality of education for those children. The pupil premium of £488 per pupil this year will increase over the next four years. We are doubling the total expenditure on the pupil premium next year, from £600 million to £1.2 billion, and it will rise to £2.4 billion by 2014-15. I agree with my hon. Friend that at all stages the processes of how decisions are made and how money will be spent to deliver real impact must be clear.

My hon. Friend raised his concern that local authority budgets will be top-sliced to pay for the academies and free schools programme. In the context of the pressures highlighted in the debate, I understand that concern, but I hope I can reassure him that no school, parent or child should be disadvantaged financially by academies and free schools. Far from disadvantaging other schools and breaking up the system, they will improve parental choice and ensure that all schools aim to raise their standards.

LAC SEG—the snappy acronym for the local authority central spend equivalent grant—enables schools converting to academy status to pay for those services that they previously received free from the local authority. To avoid the taxpayer paying twice for those services, the element paid to academies needs to be recouped from local authorities. How that recoupment is calculated and top-sliced from local authority grants is subject to consultation, and the Government will respond to that consultation and make an announcement in due course. The key is to ensure that local authority-maintained schools and academies are funded fairly.

The academies and free schools programme aims to meet demand for school places and to increase choice for parents and children. Our commitment is to ensure that parents and their children have a choice of school places, whether in maintained schools, academies or free schools. On performance, failure to secure high-quality education for pupils will not be accepted. The Government are committed to tackling underperformance. It is unacceptable that more than 200 primary schools have been under the floor standard in their key stage 2 results for five years or more and that more than half of those schools have been underperforming for at least 10 years. A further 500 or so have been below the acceptable minimum standard for three of the past four years. Those schools have let down repeated cohorts of children. We are starting work, as an urgent priority, on turning around the 200 schools nationally that have most consistently underperformed by finding new academy sponsors for them, so that they can reopen from September 2012. We want to work closely with the schools involved and the local authorities to ensure that that happens.

We have collective responsibility to make education provision more effective and efficient within the current economic climate. To do so, we must increase choice for parents and their children, so that they have the highest possible quality of education provision to choose from. Academies and free schools are a key part of that reform, but every education institution has a role to play. The security and predictability of front-line school budgets will be vital to that success.

My hon. Friend spoke about the importance of being able to plan for more than one year at a time. In December 2011, there will be another announcement on capital for future years, to address that planning point. We must ensure that there is up-to-date information, so that funding is targeted to the right areas. We are gathering that data now, so that funding can be targeted as accurately as possible on where the need lies.

We have announced that capital spending will be £15.9 billion over the four years of the spending review period, and I assure my hon. Friend again that no money is being diverted away from other schools to academies. Our commitment within the spending review is clear—to protect school funding in the system at flat cash per pupil—because even when funding is tight, as it is with the current imperative to tackle the country’s budget deficit, we realise that it is essential that buildings and equipment are properly maintained to ensure that health and safety standards are met and to prevent an ever-increasing backlog of decaying buildings that would be difficult and expensive to deal with.

We have learned the lessons of the private finance initiative contracts entered into by the previous Administration, but it is important that in being able to deliver the necessary capital expenditure we transfer some of the risk of maintaining buildings to facility management operations that ensure that those buildings do not deteriorate. That is the essence of the PFI arrangement.

[Mr Ward]

The concern of the smaller schools—five primary schools and one small secondary school—seems to be affordability. Does the Minister have any words of reassurance for such schools?

[Mr Gibb]

I do not want to give assurance on a particular proposal, but in general terms schools must maintain their buildings, and when looking at whether something is affordable, the calculations often omit looking at what a school will have to spend on maintenance over the next five, 10 or 20 years. When assessing the value for money of a PFI arrangement, it is important to do just that, and not simply to compare the cost of building a school with a design-and-build arrangement within the PFI arrangements. It is important to take into account those long-term maintenance costs.

By stopping wasteful and bureaucratic Building Schools for the Future projects we have been able to allocate £1.4 billion to local areas to prioritise their maintenance needs, and that includes £195 million of devolved formula capital, which has been allocated directly to schools to use in line with their priorities. On top of that, we have allocated £800 million of basic need funding for 2011-12, which is twice the previous annual support, despite the fact that we are dealing with a very difficult budget deficit. As recent events in Europe have proved, we took the right decisions early on in this Administration to help to tackle that deficit.

Earlier this year, the Secretary of State announced an addition to the £800 million of a further £500 million to provide extra school places where there is greatest pressure caused by the increasing pupil population—that makes a total of £1.3 billion—because we recognise the importance of ensuring that every pupil has a place when they start school, whether primary or secondary school.

Future allocations and the management of funding for 2012-13 to 2014-15 will be informed by the outcome of the capital review, but the Secretary of State has already indicated that local authorities may expect the headline amounts of capital available in future years to be broadly in line with those allocated when we first announced the figures for 2011-12.

As well as radically reviewing how capital funding is allocated and spent in future, the Government have renewed their focus on finding an academy solution for the weakest primary schools in the country. In that respect, Bradford will be supported by the Department for Education in challenging underperformance and securing improved performance in schools that are struggling. The introduction of the academies and free schools programme should be viewed as an additional tool in the arsenal of local authorities as they seek to eradicate any basic need pressures they are encountering. We believe that giving those involved in education the freedom, flexibility and support they need to shape the future of our schools and opening up opportunities for others to enter the education sector will offer an education system to meet the needs of local communities.