Education and Adoption Bill

Peter Kyle Excerpts

Wednesday 16th September 2015 Commons Chamber

[Kevin Brennan]

Indeed. I recently participated in an interesting Adjournment debate on this matter with Conservative Members. We know that a funding crisis is building up as we speak, and alongside the problems with teacher training and supply, these are creating a perfect storm. There are going to be real problems over the course of this Parliament, and I put on record that we are pointing that out and that the Government should be acting more urgently to deal with the problems that are going to emerge.

New clause 1 would mean that schools could not be blamed for problems that had been initiated by policies of the Secretary of State for Education that had led to a lack of teacher supply in their area. Teacher supply would be a reasonable factor to take into account, rather than simply looking at raw data that tell us nothing about the struggle that a school might be having to recruit high-quality, well-qualified teaching staff.

New clause 1 would also bring academies into the scope of the provision. The Government appear to believe that maintained schools that are experiencing difficulties need a fundamental change of structure, but that that does not apply to academies. They seem to think that academy status is right for failing maintained schools, but it is also right for failing academies. That seems to be the Government’s policy. The Secretary of State’s position is that if an academy fails, the obvious solution is to turn it into an academy. That simply makes no sense.

[Peter Kyle (Hove) (Lab)]

My hon. Friend recently guided me through my first Bill Committee experience, for which I am grateful. As a novice, being mentored by someone of his experience will no doubt stand me in good stead. During the evidence session, Malcolm Trobe, a former secondary school headteacher and now general secretary of the Association of School and College Leaders, was asked about the distinction between academies and maintained schools and whether they should be treated differently. He replied:

“No. All schools should be judged effectively on the same range of indicators.”

He went on to say:

“I think we believe in fairness and equality and, therefore, all schools should be treated the same, whether they be academies or maintained schools.”––[Official Report, Education and Adoption Public Bill Committee, 30 June 2015; c. 15.]

Does my hon. Friend acknowledge that expertise and agree that Malcolm Trobe was right?

[Kevin Brennan]

I thank my young apprentice for his intervention. He is a very quick learner, as he has just shown. He is absolutely right. The central point of our new clause 1 is that academies and maintained schools should be treated equally. There appears to be a presumption by the Government that academies are always superior to maintained schools, even when they are failing academies. In Committee, however, the Schools Minister, referring to me, stated:

“The hon. Gentleman is also wrong to say that we see schools as a hierarchy with academies at the top and maintained schools at the bottom. We do not.”––[Official Report, Education and Adoption Public Bill Committee, 7 July 2015; c. 220.]

He denied it, but I am afraid that no one believes him. Every time Ministers open their mouth, they give the clear impression—through the frequency of their praise of academies over maintained schools, the frequency of their visits to academies and their singling out of one type of school over the other for legislation—that they do not see schools in the way that the Minister described. They see them arranged in a hierarchy by type, rather than by quality of education and performance.

Ministers’ powers over academies are to be found in the various funding agreements, and there is no consistency in those powers. There is also no mention of coasting in any of those funding agreements, so it is unclear how the Minister’s right to intervene in a coasting school, under his proposed definition or any other, could be applied to a coasting academy. People might start to believe his words denying a ministerial hierarchy if he were to accept our proposal to include all schools in this provision.

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[Neil Carmichael]

I thank the hon. Gentleman for his question, because it goes to the heart of the Bill. The Bill is largely about schools in which action needs to be taken to get them to a better place. Such action has to be taken urgently, it must be about leadership and governance and, where necessary, it must take the form of intervention. As I have said, the principal focus should be on whether pupils benefit from delay or from action to take their school to a better place.

I do not want to say that parents should not be consulted, because I think they should. For example, there is a strong role for parent teacher associations to play in the interface with the community about a school’s future. I spoke to the chief executive of PTA UK just a few days ago, and I was struck by the role that PTAs can play in such dialogue. When a school is failing, however, we must take action. That is implicit in the Bill. Action is absolutely necessary for any failing school.

[Peter Kyle]

The hon. Gentleman mentioned meeting a representative of PTA UK, but is he aware that it submitted evidence to the Public Bill Committee? It stated that the Bill

“signals to parents that their views aren’t to be considered and positions them as unimportant despite the prevailing research that confirms their engagement as important to their child’s education.”

I invite him to comment.

[Neil Carmichael]

It is absolutely right for there to be engagement, but I think that we are confusing two different things. I would have thought that PTA UK was talking about engagement with the school more generally. I am referring to the issues in the Bill and the specific question of whether intervention should be swift and effective, and the degree of consultation that should be involved.

Of course there should be consultation and the Bill makes clear the role of regional schools commissioners, who should consult fairly widely. The Education Committee will look into the role and capacity of the regional schools commissioners. One question that we will ask is how that consultation process is undertaken. I do not think that that point is at variance with the spirit of the Bill.

On amendment 12, we cannot have coasting schools and when we see them we must act. In the last Parliament, the chief inspector produced a powerful report about the long tail of underachievement, which detailed the problem that many schools carry on coasting without being noticed. It is striking that many of those schools are in rural and coastal areas. That tells us that the mechanism is not in place to properly check what a coasting school is doing. I therefore believe that amendment 12 would take us in the wrong direction.

A coasting school is a very bad place to be. If a school is coasting along then, even if everybody thinks it is doing okay, it is not doing its job properly. It is therefore a real challenge for the teachers and governors to move it forward. Of course, we need to discuss in some detail the definition of a coasting school, but if the teachers and governors of a coasting school are not moving it forward, we must act. I therefore do not believe that amendment 12 is appropriate.

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[Louise Haigh]

My hon. Friend is absolutely right. Communication and consultation can only be positive, and significantly improve the process of schools’ conversion to academy status.

There is another perfectly legitimate reason why parents have a right to be involved in the decision. As we have heard, there is a stark variation between the performances of academy chains. Parents, teachers, local authorities and the school community could be handing a school over to a chain that might perform markedly worse than the existing maintained school.

In a report that is as detailed and comprehensive as any could be found, the much-respected Sutton Trust demonstrated that sponsored academies are twice as likely to be below the floor standards as other mainstream schools. Half the chains examined by the trust did less well than the mainstream school average. Indeed, in 2014, 44% of the academies in the analysis group covered in the report were below the Government’s new “coasting level”.

Our education system must be a collaborative effort between parents, pupils and schools, and Labour Members believe that it is the right of parents to have a substantial say in how their children are educated. The Conservative Education Act 1996 set out in law the general principle that

“pupils are to be educated in accordance with the wishes of their parents”.

That has been a principle in law since school attendance became compulsory more than a century ago.

It is strange that the Government’s talk of localism and involving service users in decisions does not apply to schools. After the election, the Chancellor of the Exchequer remarked in a speech on devolution that “the old model” of running things from London

“made people feel remote from the decisions that affect their lives. It’s not good for our prosperity or for our democracy.”

He will find some agreement among Members on both sides of the House on that general point, but perhaps the Education Secretary failed to get the memo, as she removed the right of parents and the local school community to have a say in the future of their schools. I ask once again, why are the Government so afraid of the voices of parents and the school communities?

My new clause would go a small way towards repairing the democratic deficit that is opening up as a result of a Bill that puts too much power in the hands of the Secretary of State, and far too little in the hands of our school communities.

[Peter Kyle]

It is great to be called for the first time under your stewardship, Madam Deputy Speaker. I rise to support new clause 1.

I have already paid tribute to my hon. Friend the Member for Cardiff West (Kevin Brennan); let me now extend my thanks to the Schools Minister, who sat opposite me for the many weeks of the Committee stage, and took my interventions very graciously during that period despite my frequent fumbling breaches of protocol.

No one, in Committee or today, has disputed the need to challenge coasting in any school—least of all me, because I went to a school which, by today’s standards, could be deemed to have been coasting. I left with very few qualifications, and, at the age of 25, I had to return to the same state secondary school and take my exams again. I spent a year in a secondary school as a 25-year-old. Anyone who has done that—spent a year with teenagers as a 25-year-old, and had the experience of going through education for the second time—will never, ever allow any other person to go through the same thing, or allow any other person to leave school without the right qualifications. It seems an irony that the school I left and had to return to is in the constituency of Bognor Regis and Littlehampton, because the Minister for Schools is the MP for that constituency. This has therefore come full circle now, and I hope that what was Felpham comprehensive school—I do not know what it is called now, but I presume Felpham community college—is doing much better today than it was doing then.

Nobody disputes the need to tackle coasting wherever it is, least of all me, and nobody disputes that academies are the answer in some cases, but only the Government think they are always the answer. That is the nub of why I support new clause 1.

The Government could not produce a single witness in the witness stage of the Bill to say conversion to an academy was always the answer to coasting. In fact their star witness, Sir Daniel Moynihan, a remarkable man who set up and is chief executive of a fantastic organisation, the Harris Federation, was asked directly by me whether he thought academisation is the only response to coasting. His answer was simple: “No,” and he went on to explain why in more detail.

The sum of that, of the experience there has been, and of the evidence given in writing and in person by experts is that academisation is one tool of many, and is not the only tool. I should make a declaration here: I am chair of governors of an academy that has fundamentally transformed the ability of young people to go through education successfully with fantastic outcomes.

My second point is that the regulatory framework that will underpin schooling as a consequence of this Bill is confused and complicated. Given this Government’s philosophical approach to deregulation, it is extraordinary that schools from different sectors—state maintained, academies and the private sector—are all regulated in different ways. This is absurd and it is becoming a regulatory nightmare which will produce some real absurdities.

For example, as a consequence of this Bill, a school could in future be rated as outstanding by Ofsted yet the Department for Education could deem it as coasting. What are parents going to make of this new world? How will they decide where to send their children?

We will have a regulatory framework where academies that are deemed to be coasting by every other measure are not allowed to be converted to another status. The Bill focuses on organisational status as opposed to what we now know works: a focus on standards and educational outcomes. All the international evidence throughout the world shows that a focus on standards is what drives up educational outcomes, yet this Bill completely ignores all that evidence. It is turning into an ideological Bill, which I fundamentally oppose.

It is extraordinary that someone who comes from my background and has been involved in the conversion from local authority-maintained schools to academies should stand here in such opposition to a Bill that refers to academies.

[Mr Gibb]

This has been a short, but high-quality, debate, with excellent contributions from Members on both sides of the House.

The Bill is the next step in this Government’s drive to change our education system so that every child, from whatever background and in every part of the country, receives the standard of education they need to succeed in a demanding and competitive world, and where every local school is a good school. The Bill builds on the sponsored academies programme, designed to tackle underperformance through new leadership and governance. It builds on the converter academy programme, designed to liberate highly successful state schools to allow them to flourish and spread their proven formula to other schools. It builds on the free schools programme, designed to encourage innovation and provide a break with failed education orthodoxies.

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[Mr Gibb]

My hon. Friend is absolutely right about that, and I was grateful for her involvement in, and contribution to, our deliberations in Committee. She knows what she is talking about, because she is chair at an extraordinary academy trust, the Michaela community school in Wembley, which was established by the formidable Katherine Birbalsingh. It is now into its second year and I recommend a visit to that school to any hon. Member who is interested in education. They will see a school that serves one of the most deprived parts of London delivering education of a quality that will astonish them. It is an astonishingly good school, and I am looking forward to its first set of GCSE results in three or four years’ time.

[Peter Kyle]

During the evidence session, the hon. Member for Fareham (Suella Fernandes) put the same question to Emma Knights from the National Governors Association. She got this response from an expert who studies this matter day in, day out.

“The main bit of evidence was produced by the National Audit Office last year and it showed that 60% of schools deemed inadequate did improve without any sort of formal intervention because they had exactly that: a school improvement plan, and that worked in 60% of cases. Sponsored academisation worked in 44% of cases”.––[Official Report, Education and Adoption Public Bill Committee, 31 June 2015; c. 16, Q33.]

I thank the hon. Lady for allowing me to point that out and to add to her experience and also to make worthwhile the night that I spent putting tabs on to my evidence session notes.

[Mr Gibb]

I thank the hon. Gentleman for that intervention on my hon. Friend the Member for Fareham (Suella Fernandes) via me, but I am delighted to respond. Of course sponsored academies are taking on some of the most challenging schools in the country. Where schools are coasting, we want them to do everything they can with the current leadership to improve, but there must be a fast-track method for dealing with schools that have been put into special measures. Our manifesto was very clear that we wanted to ensure swift, consistent action from day one in every failing school. When a school is failing, it needs, as my hon. Friend the Member for Stroud (Neil Carmichael), who is the Chair of the Education Committee said, strong leadership and effective governance to ensure rapid improvements, which is delivered by academy sponsorship. That is why clause 7 places a duty on the Secretary of State to make an academy order for any maintained school that Ofsted has rated inadequate.

Sponsored academies have been hugely successful in raising standards in what were failing schools. In 2015, primary sponsored academies open for just one academic year have improved by five percentage points—from 66% to 71%—the number of children achieving the expected level in reading, writing and maths. Those open for more than two years have seen their results improve by 10 percentage points since opening. The proportion of pupils that gained five good GCSEs including English and maths was, on average, 6.4 percentage points higher in sponsored secondary academies that had been open for four years in 2014 than in their predecessor schools. Those are remarkable achievements for some of the most challenging schools in the country.