Academies Bill [Lords] Debate

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Department: Department for Education

Academies Bill [Lords]

Sarah Teather Excerpts
Wednesday 21st July 2010

(13 years, 9 months ago)

Commons Chamber
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Barry Gardiner Portrait Barry Gardiner
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I am pleased to follow the courteous exchange between the hon. Member for South Swindon (Mr Buckland) and my hon. Friend the shadow Minister.

I have a fundamental philosophical problem with the amendment. Earlier, when giving advice to Members, Mr Chope, you pointed out that the amendment was about whether special schools should be included in the academies programme. I oppose this reform because, unlike the previous system, which tried to address disadvantage and underperformance by taking money from outside the system and ensuring that it was targeted at underperforming schools and children who were not doing so well, and putting innovation into the system to see if that would make improvements, the Bill looks to take money from within the system, mainly from children who are disadvantaged, and give it to children who are, on the whole, better advantaged.

The amendment relates to special schools, which are specifically for children with greater disadvantage, so it goes against the thrust of why Labour Members oppose the Bill as a whole. I believe that there is tension among Labour Members that needs to be resolved. That can be done in the way that my hon. Friend the shadow Minister outlined in relation to the arrangements between special schools and local authorities. It goes to the heart of funding and co-ordination.

I outlined in an earlier intervention the very detailed and complex mesh of arrangements that have pertained in my borough between mainstream schools—not special schools—that were part of the Building Schools for the Future programme, that were seeking, as part of that programme, to divide up, in a co-ordinated way between themselves, the different elements of special educational needs that needed to be addressed: autism at one school, learning difficulties at another, challenging behaviour at another. At the core of that was the amalgamation of Hay Lane and Grove Park schools, which were for children who simply could not be accommodated within the mainstream.

That is an incredibly complex set of arrangements between a number of schools, some of which might, under the provisions of this Bill, choose to become academies, and some of which, under the same provisions, would not be able to become academies because they are not, at present, outstanding schools. The local authority will be unable to co-ordinate the system as a special school goes off and becomes an academy, and the funding that is drawn off by the academies will reduce the capacity of the centre. I am reminded of the W. B. Yeats poem about the widening gyre—the centre will not be able to hold. We will lose the ability of central provision through the local authority to co-ordinate the needs of all children with special needs—those who need to be in mainstream schools and those who need to be in special schools. That is the fundamental problem. However, we should not look at our opposition to this clause about special educational needs in the same light as our opposition to the Bill as a whole because there is a fundamental philosophical difference between them.

Sarah Teather Portrait The Minister of State, Department for Education (Sarah Teather)
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It is a great pleasure to be taking part in the debate on this Bill from the Front Bench. As the hon. Member for Gedling (Vernon Coaker) said, it is the first opportunity I have had to do so. I am grateful for his warm words at the outset. I recall the first Bill that I debated in opposition. I remember looking at the Minister struggling with her papers and thinking, my goodness, what an awful lot of things she needs to know. It does seem very different from this side of the Dispatch Box. The hon. Gentleman said that all parties in the House are united by a common desire to improve educational attainment. I welcome that. It is important to begin from that perspective and to recognise that our motives are common.

I listened carefully to what the hon. Gentleman said in his opening speech, which covered many different areas and was almost a re-run of some of the issues that were covered on Second Reading. My understanding of the nub of his argument is that his tabling of the amendment relates to his general objection to the Bill rather than a specific objection to special schools. However, I will try to deal with the points that he raised on special schools in a moment.

It is not clear to me why this policy is any different from that followed by the hon. Gentleman’s Government. If we believe it is a good thing to have freedom for schools, particularly for those that are struggling, it is not obvious to me why we would then deny those freedoms to other schools that are already doing well, particularly as the Secretary of State has made it clear that he expects outstanding schools that become academies to partner a weaker school and to share their expertise. That can offer an opportunity to provide the kind of partnership that I think the hon. Gentleman probably agrees with.

As the hon. Gentleman said, amendment 28 would prevent special schools from converting to academies. That was the previous Government’s policy. We think it right that special schools should have access to the same opportunities and freedoms that we are giving to mainstream schools. Indeed, many special schools want that freedom: more than 50 have registered an interest in becoming an academy. [Interruption.] The shadow Minister can find that detail on the Department’s website.

Barry Gardiner Portrait Barry Gardiner
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Can the hon. Lady clarify that remark? She says that those schools have expressed an interest in becoming an academy. Is that strictly accurate, or have they rather expressed an interest in further information about the process of becoming an academy?

Sarah Teather Portrait Sarah Teather
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I think that is semantics.

Barry Gardiner Portrait Barry Gardiner
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Absolutely not.

Sarah Teather Portrait Sarah Teather
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Okay, I agree—I accept the hon. Gentleman’s point. Indeed, they have expressed an interest in obtaining more information about becoming an academy.

Lord Coaker Portrait Vernon Coaker
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This is an extremely important point; my hon. Friend the Member for Brent North (Barry Gardiner) got in just before I could. The Government are talking about expressions of interest from people clicking a button to obtain information. Frankly, if I were head of a school, I would have clicked the button as well to have a look at what this really means and what the Government are really saying. The Government are using the fact that schools have done that—whether it be special schools, primary schools, outstanding schools or any other schools—and saying that clicking a button is almost the same as expressing an interest in becoming an academy. In fact, people are actually looking to obtain information. There is a real difference. I am glad—

Christopher Chope Portrait The Temporary Chair
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Order. Let me stop the hon. Gentleman there. He has the right to reply to the debate, and if we are to bring it to a reasonably early conclusion, it is important that interventions are kept brief.

Sarah Teather Portrait Sarah Teather
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These schools have expressed an interest in finding out more information. We have never said that they have applied to become academies. It is important to make that clear.

Dan Rogerson Portrait Dan Rogerson
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I am struck by the fact that certain hon. Members, on Second Reading—I think we will hear this again during our deliberations in Committee—said that this is a fundamental and huge shift and that the Government are seeking to push all schools down a particular route. The Minister is now saying that perhaps many of them are not interested in this and just want to find out a bit more about it. Hon. Members cannot have it both ways—either it is a massive shift or it will be a case of a few schools exploring it at this point.

Sarah Teather Portrait Sarah Teather
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My hon. Friend makes a good point. A lot of straw men have been built up in order to knock them down.

If we think that it is a good thing for special schools to have access to freedoms to run their school in the way that is best for the children in their care, I cannot see why we would say that they should not do that. A prime example is that academies will have flexibility around the school day and how they organise the school calendar. I have found that many parents of disabled children and people who work with disabled children say that the most difficult period of the year is the long summer holiday. If we can provide special schools with flexibility, they may or may not choose to rearrange their calendar so that they break up the terms and holidays in a different way and run the school day differently to lessen the pressures on parents. That seems a sensible thing to do.

Stephen Twigg Portrait Stephen Twigg (Liverpool, West Derby) (Lab/Co-op)
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The hon. Lady is making a good case, but I struggle to understand why schools should have to apply for those freedoms. Why cannot the Bill simply give them to all schools?

Sarah Teather Portrait Sarah Teather
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This is a permissive power and not all schools will choose that route. In response to the concerns of many of the hon. Gentleman’s colleagues—I recognise that he was very much in favour of the academies programme when he was a Minister—I say that we are not forcing schools down that route.

Stephen Twigg Portrait Stephen Twigg
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On a related point, I am unclear as to what the process will be for schools becoming academies under the new scheme. Say, for example, that 500 schools apply. The impact assessment seems to suggest that just 200 a year will be successful. On what basis will Ministers decide which schools become academies and which do not? Within that, will special schools have priority for the reasons that she has set out, or will they have a lower priority than secondary and primary schools?

Christopher Chope Portrait The Temporary Chair
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Order. May I point out that the Minister should not respond to that intervention, because it was totally of order?

Sarah Teather Portrait Sarah Teather
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I think one element of it was in order, and I shall respond to it because I am keen to respond as best I can despite this being my first Bill. The hon. Gentleman asked about the priority that will be given to special schools. I was about to say that we are treating special schools in a different way from others, which I hope will reassure some Members who have concerns. The process will be longer and slower, and we do not expect any special schools to convert to academies before 2011.

The hon. Member for Gedling asked a number of perfectly good questions, and I accept that more work needs to be done on the matter. That is precisely why the Secretary of State has set up an advisory group to work with head teachers from special schools and mainstream schools with special units, so that we can work through the details of the points that have been made.

The point about partnering is important. We would expect any school that gets academy status to partner with another school. That could provide an opportunity to spread knowledge, particularly on special education. There are already many good examples of special schools that are doing that, but it is not always happening. We will strongly encourage special schools to use the training that their staff have, which is often lacking in mainstream settings, to ensure that we drive up standards for children with special educational needs. We expect partnering to provide that opportunity.

Graham Stuart Portrait Mr Graham Stuart
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The Minister talked about areas of detail that needed attention. One of the most critical of those to schools is, of course, the money involved. Can she give us any idea whether she expects special schools to see a bigger increase in their direct budget? Will local authorities spend a greater sum to support them than to support other schools? That takes us back to a point made by the hon. Member for Brent North (Barry Gardiner)—if the money at the centre is to be denuded, we would rather the most needy got their share first and the strongest and the best be the ones who have to struggle with the least money, not the other way around.

Sarah Teather Portrait Sarah Teather
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The point made by my hon. Friend, the Chair of the Select Committee on Education, and by the hon. Member for Brent North (Barry Gardiner) is precisely why the advisory group has been set up. It will work through the details. That is why we do not expect any special school to convert into an academy until next year. I recognise that funding issues need to be considered, because we are talking about a place-based funding system, and that we need to work through the issue of how special schools interact with other schools. We want to work with those on the ground who have expertise but who want the programme to happen.

Whatever disagreements we have about the wording that has been used and whether special schools have just “expressed an interest” or really will become academies, we should recognise that there are special school head teachers who want their schools to become academies. They feel that that freedom will enable them to do some of the things that they have already been doing as outstanding schools, but also to work better with the community and have flexibility to change how their schools are run, so that they can better provide for children in their area.

Glenda Jackson Portrait Glenda Jackson
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Will the specialised and more detailed approach to special schools be consulted upon on a much wider horizon than merely head teachers and teachers? I say “merely” not because I dismiss them—we all acknowledge their remarkable work—but the Minister must be aware that although many parents of pupils in special schools find changes in those schools easy to accommodate and understand, many do not for a variety of reasons. It would be quite wrong to make changes to special schools without ensuring that every parent had been properly consulted in the most detailed way on those changes, which may affect their children. She must know that for some parents, such changes are very hard to understand.

Sarah Teather Portrait Sarah Teather
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I keep being intervened on before I have completed my paragraph, but—

Lord Coaker Portrait Vernon Coaker
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It comes with the job.

--- Later in debate ---
Sarah Teather Portrait Sarah Teather
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It does. I should probably be a bit firmer about completing a paragraph before taking interventions. I was going to say that the working group will also include local authority representatives. I will get the detail of who is to be on it. There are also special educational consortiums representing the interests of parents whose children have special educational needs. The point that the hon. Lady made, however, was about the process of consultation on conversion. We will have a separate discussion on that under a different group of amendments, so I will not respond to that point because it would be out of order in this debate.

The hon. Member for Gedling spoke about charging. I think he would recognise that maintained schools can already charge for certain services in some circumstances, particularly for adult education after hours. However, clause 1(9) specifically prohibits charging for daytime educational services. Other details will remain exactly as they are now.

The Chair of the Education Committee asked about statementing provisions. The local authority will remain responsible for ensuring that the provision set out in a statement is delivered, whether a child attends a maintained school or an academy. We will revise our guide for parents on special educational needs to set out the complaint mechanisms clearly. I should add that the Bill was amended in the other place to ensure that if a statement names an academy, the child will need to be placed in that academy. That is an improvement on the existing system.

The hon. Member for Gedling and my hon. Friend the Member for South Swindon (Mr Buckland) asked about low-incidence special educational needs. Again, the Bill was amended during its progress through the other place. I want to put on the record that the Government are committed to ensuring that children with sensory impairments receive the services that they require in both maintained and academy schools. We will monitor the impact that changes in the number of academies will have and ensure that adjustments are made to the funding of academies to ensure that that provision is dealt with. The advisory group will take that up.

We were asked why short-stay schools are not included in the Bill. We are looking at the possibility of academies offering alternative provision equivalent to that provided by short-stay schools, but the current legislation gives local authorities statutory responsibility for those.

My hon. Friend the Member for South Swindon asked wider questions on the statementing process. I remind him that we intend to introduce a Green Paper later in the year to deal with those, and I hope that he will be involved.

With those reassurances, I hope that the hon. Member for Gedling is willing to withdraw the amendment. We do not expect special schools to become academies on the same time frame as other schools, and there is a process to deal with the concerns that he rightly raises, and we will work through it. I hope that that gives him the reassurance he needs.

Lord Coaker Portrait Vernon Coaker
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I will be brief in responding to the Minister, who did not address one essential issue. Hon. Members will know the importance of the impact assessment and the equalities impact assessment, yet the Government have provided no evidence that special school academy status will make any difference. Essentially, therefore, we are being asked to take a leap in the dark.

The Minister then tried to reassure the Committee by saying, “You’re quite right that a lot of things are still to be worked out, there are some real problems, and the Government aren’t really sure how we do this. Don’t worry that we’re not sure; we’re going to set up an advisory committee, which will look at funding, admissions, co-ordination, working with other schools and so on. Don’t worry. It’s not a problem.”

Sarah Teather Portrait Sarah Teather
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The hon. Gentleman’s Government recognised that providing freedom to schools will drive up standards. If he still believes that, I cannot see why he is saying that that freedom should not be applied to special schools. Why would they be treated as totally different from any other school? I do not accept that premise.

Lord Coaker Portrait Vernon Coaker
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There are two things to say in response to that. First, the previous Government had a managed programme for allowing schools academy freedoms. Secondly, the difference between that and what the Government propose is that if they are not careful, there will be a free-for-all. Freedoms will be extended to schools when the Government have not worked out what that means in respect of co-ordination, funding and a whole range of things, as I said, yet we are supposed to say that that does not matter.

The Minister was kind enough to say that I asked perfectly reasonable questions, but we are now invited to pass legislation when she does not have an answer to them other than to say, “We have set up a body to look at how we answer those questions.” If she were in opposition, as she was until a few weeks ago, and if I had said what she just said, she would have reacted as I am reacting now. Frankly, she should be able to answer those questions.

The Chair of the Education Committee was right to ask what it means if special schools get academy freedoms, how much funding they will get and what the consequences are for the local authority and other schools in the area, but the Minister has no answer, because she does not know. If she knew she would provide an answer, but she does not know so she cannot. That is a very serious weakness.

On the 50 schools that registered an interest in academy status, the Minister said that the Government had never used the words “applied for academy status.” I shall look very carefully at what the Education Secretary said on that and at how expressions of interest relate to applications. The Government are in a bit of a mess on that and on what they are using that to justify their measures.