Education and Adoption Bill

Stephen Twigg Excerpts

Wednesday 16th September 2015 Commons Chamber

[Kevin Brennan]

I have been accused of coasting. We shall come to that later. Either I am doing something very right or I am doing something very wrong; it is hard to work out which. Perhaps the hon. Member for Enfield, Southgate is right. But, like the Schools Minister, I am still here after all these years. “Still Crazy After All These Years” was, I think, a song by Paul Simon. Anyway, we are still here, the two of us, facing each other across the Dispatch Box.

Let me pay particular tribute to my hon. Friend the Member for Stoke-on-Trent Central (Tristram Hunt). I am glad to see that another former shadow Secretary of State, my hon. Friend the Member for Liverpool, West Derby (Stephen Twigg), is sitting next to him: it is a wonderful reunion. My hon. Friend the Member for Stoke-on-Trent Central has decided to take a sabbatical from Front-Bench politics, I really enjoyed working with him. I wish him well, and thank him for the hard work and passion that he brought to his role. I look forward to reading the book which I am sure will form one of the fruits of his new-found free time. If it is any sort of political memoir, I do not care what it says as long as I am in it.

New clause 1 deals with

“Schools where pupils do not fulfil potential”,

and should be read in conjunction with amendment 1, which proposes to leave out clause 1. The new clause replaces clause 1, which is entitled “Coasting schools”. The House will recall that when the original clause 1 was drafted, the Government were unable to provide a definition of “coasting schools”, even on Second Reading. In Committee, we were given some draft regulations which made it clear that what the Government had in mind was a purely data-driven exercise.

We believe there is a need to do something about schools that are doing well superficially but are failing to fulfil the potential of their pupils, hence our new clause. In government—my memory is long enough for me to remember what we did in government, as is clear from what I said earlier—we wanted local authorities to identify coasting schools whose intake did not fulfil earlier promise, and whose pupils lost momentum and failed to make progress. That often applies to pupils with special educational needs, or children who get left behind and may become disengaged from their education, but it is equally applicable to able pupils who are not stretched or challenged enough. We wanted coasting schools to benefit from the support of other schools and leaders forming trusts and federations to formalise the benefits of collaborative learning.

[Stephen Twigg (Liverpool, West Derby) (Lab/Co-op)]

I rise to support my hon. Friend’s argument. One of the best achievements of the previous Government was the London challenge, and also the black country and Manchester challenges. Will my hon. Friend join me in welcoming the decision of the mayor of Liverpool, Joe Anderson, and his cabinet member, Nick Small, to establish a Liverpool challenge precisely to address some of these issues of standards in our schools?

[Kevin Brennan]

I join my hon. Friend in welcoming that, and of course he is too modest to outline his own part in the London challenge. I am sure the fact that Liverpool is the part of the country he represents has been influential in the idea being taken up so readily there. I congratulate him and the mayor on that initiative.

We recognise the concern to which I referred, but we are not at all convinced that the way the Government are dealing with this issue in the Bill is the best way forward. They are attempting to legislate on coasting schools in the Bill and then set up regulations that rigidly seek to define them in a way that produces significant anomalies and a whole new way of judging schools outside of Ofsted. By cutting out Ofsted, they are muddying the waters considerably.

The concept of coasting schools has been around for quite a while. It was first used formally by the last Labour Government in 2008 in “Gaining Ground: improving progress in coasting secondary schools”, in which we said:

“Coasting schools are schools whose intake does not fulfil their earlier promise and who could achieve more, where pupils are coming into the school having done well in primary school, then losing momentum and failing to make progress.”

So it is a useful concept, but the Government’s clumsy attempts to translate that directly into legislation has made the term toxic in the space of a few months. Our new clause goes back to the original definition of pupils not fulfilling potential so as not to confuse it with the Government’s rigid data-driven approach.

We accept that schools that need improvement might not be picked up in an Ofsted inspection. Every framework cannot meet every eventuality, but the answer is not to use the definition as proposed by the Government based on a crude formula from raw pupil data. A much better approach is one that involves both the professional judgments of Ofsted and the local authority—or the academy trust, because why should academies escape this measure? Our new clause would create a new section 60B in the Education and Inspections Act 2006 and put into its new subsection (1) a definition of a school

“where pupils do not fulfil their potential”

and in subsection (2) make it clear that a school has to be notified following a professional consideration between Ofsted and those with local knowledge. This would apply to both a local authority-maintained school and an academy.

In our proposed new subsection (3) we outline the sorts of issues that should be considered prior to that notification, including “the availability of…teachers”. In other words, schools should not be penalised because the Government have mismanaged the supply of qualified teachers, particularly mathematics teachers, which could affect, for example, EBacc performance in a school. I will return to the question of teacher supply in a moment.

Secondly, while a comparison of pupil progress statistics is important, it must take account of the size of the school and standard errors, and not crudely interpret and apply data. Thirdly, age range is important, especially where there is not a standardised assessment of performance on entry to the school. For example, some areas have middle schools. Fourthly, there is the question of special educational needs. A professional assessment should be made of the progress of pupils with SENs and disabilities. Fifthly, a school may be recruiting pupils from a more advantaged area where, for example, there is the widespread use of private tuition, which can be impossible to discern from raw data. Education Datalab and others have noted that it is virtually impossible for a grammar school to be coasting under the Government’s initial floor standards in the draft regulations.

Gender is important, too. For example, under- achievement of girls in STEM subjects needs to be identified and acted upon, rather than lost in raw statistics.

--- Later in debate ---

[Stephen Twigg]

My hon. Friend is making a very important point, because the evidence shows that the most important element in educational improvement is the quality of leadership and of teaching. The example that he gave from the CES is probably about that executive head and his or her ability to lead, and much less about the structures, which tend to dominate debates in here.

[Kevin Brennan]

My hon. Friend is absolutely right about that. There was a resource available locally of an outstanding executive head to take on the role, but the Bill would require the school to be academised and taken over by sponsors, who may have nothing to do with the local area, the local diocese and the wishes of local people and parents.

We also highlighted how partnership is another alternative way of going about school improvement. The case study sent to us by the CES was that of the Corpus Christi Partnership and the St Joseph’s Catholic primary school in Crayford. Members may have seen that the CES highlighted this case in the briefing for the remaining stages. The school had had a section 5 inspection in May 2012, when it got grade 4 for attainment, teaching and leadership, and grade 3 for behaviour and safety. Overall, it got grade 4 and was in special measures. The diocese brokered a support programme led by the headteacher of St Catherine’s Catholic school in Crayford and the expertise of a number of local schools in Bexley was used to improve the school. It was re-inspected under section 5 in June 2013 and graded 2 in all areas, with an overall grade 2. It was so successful that all the Catholic schools in the area formed a partnership—a school improvement and support board—through which all schools are committed to collaborative working and supporting schools in areas where support is needed. This was about a partnership, instead of automatic academisation, working successfully. Again, that approach would, in effect, be banned by this Bill because of the Secretary of State’s delusions of infallibility.

What about federation as a way of trying to bring about school improvement? Let us look at another case study, that of the Regina Coeli Catholic primary school in south Croydon. Again, a “poor” inspection led to intervention, whereby an interim executive board was put in place. There was pressure from an academy broker, probably on £1,000 a day from the Department—we know from parliamentary questions that that was what some of them were paid—to join a multi-academy trust. The diocese did not agree that that was the best thing for the school and arranged for the headteacher of St James the Great Catholic primary school in Thornton Heath to become executive headteacher for both schools until a permanent arrangement was agreed, which was to join a local federation of schools. Key staff from the other school were used—this included using its deputy to become the head of school—and a federation was joined in 2014. Again, the re-inspection showed much improved performance in the school, with it being graded 2 in all areas and overall. That was an example of a federation being used, instead of automatic academisation, and working successfully. Again, that approach would, in effect, be banned by the Bill because of the Secretary of State’s delusions of infallibility.

As we have established, the Secretary of State holds an ideological position, which says that private sponsors are always better than public authorities and, in particular, better than any local authorities, regardless of the party in control, be it Labour or Conservative. We believe that decisions should be made according to the circumstances of the particular case, based on the evidence—it may well be that an academy solution is the best in some circumstances. The Secretary of State does not believe that, even though she already has the powers at her disposal to issue an academy order, if she wishes to do so. Under the Academies Act 2010 she can make an academy order in relation to any school that has received an adverse Ofsted finding. All she is doing with clause 7 is tying her own hands to one particular course of action, and academisation has to happen even if there is no high-quality sponsor available, even if the local authority has a strong record of improving schools and even if the parents and school or local diocese propose a credible, proven alternative approach. We know from the evidence that we have been given that that is the case.

I wonder how the Secretary of State is going to find all these sponsors to manage the 1,000 more academies that the Prime Minister has committed himself to during this Parliament, given that in the past five years the Government have struggled to convert all the schools that they could have, often because of the shortcomings of the Secretary of State and the Department, rather than because of any opposition locally. There will be circumstances when the academy route is clearly not the best one, but through this clause Ministers have tied themselves to it, regardless of whether it will do the school any good or not. We are all fallible, Madam Deputy Speaker, even you, except when you make a ruling from the Chair, but the Secretary of State should have the humility to renounce her attempt to legislate for her own infallibility and she should accept our new clause 2.

The final proposal the Labour Front-Bench team has made is new clause 3, which relates to schools causing concern and the involvement of parents, and has to be read with amendments 8 and 9. My hon. Friend the Member for Walsall South (Valerie Vaz), who is not here this afternoon, put it well on Second Reading, when she said:

“Amazingly, the Bill says that parents should not be consulted, so the very people who know about a school will not be allowed to have a say. In this country, we consult, we do not dictate, and that is one of the key areas that judges will look at in considering whether a decision is lawful.”—[Official Report, 22 June 2015; Vol. 597, c. 684.]

In new clause 3, we are showing that we are on the side of parents; it would put parents back in the picture when the Secretary of State would purge them from the process. That is why the press release from the New Schools Network about parents’ rights today is so ironic; it comes on the same day as the Government are pushing through the Commons the remaining stages of this Bill, which obliterates the chances of parents to have any say in the future of their local school. Although the Government protest that parents are, from time to time, foremost in their thoughts in their education policies, that is patently not true. In fact, the Government treat parents who want to have a say in the future of their child’s school with thinly disguised contempt—that is probably a bit unfair, because it is not thinly disguised at all. The Minister makes it clear that any parent who expresses concern at how Government policy affects their school is deemed to be an ideologically motivated individual. This Bill sweeps away any pretence that the Government care about what parents think.

New clause 3(2) would insert a new section 59A in the Education and Inspections Act 2006 that sets out the principle that the Secretary of State, local authority, school governing body and academy trust must do everything possible to involve parents in decisions about schools in difficulties. It would bring academies into the Act’s remit as well. Parents at all types of publicly funded schools should be treated equally, and that is what the new clause would achieve. Subsections (4) and (5) would require parents to be informed if a school received a warning notice about its performance, its safety or its teacher conditions.

There is a loose duty under the 2010 Act to consult on an application for academy status. It puts the duty to consult on the school governing body, and the consultation can happen after or before an academy order is made. The consultation is only about whether the school should be an academy. There is no duty on the Department for Education, despite the fact that, in many cases, it will be the Department that has required the conversion to happen. There will be no consultation either on who should be the sponsor. In relation to schools eligible for intervention, clause 8 removes the requirement to consult.

We know what the Secretary of State thinks about parents. On 3 June on Radio 4, she said that this Bill would

“sweep away the bureaucratic and legal loopholes previously exploited by those who put ideological objections above the best interests of children.”

The objections she was referring to here are most commonly those held by the parents of the children affected. Parent Teacher Association UK recently commissioned a YouGov poll of 1,000 parents. Some 85% of them told the pollsters that they want a say in how their child is educated, and 79% want to support their child’s school. PTA UK calls for parents to be involved in a timely way with any developments in the school, but the Bill would sweep away any opportunity for that to happen. Again, it is another example of the infallibility complex that the Secretary of State seems to have. We live in a democracy. Governments do not always know best in every circumstance. She is removing the democratic right of parents and others to influence the future of local schools. It goes against the Government’s purported support for localism where local people have a say on local issues. The Bill would introduce even more centralised control than we already have. It is an extraordinary departure from the normal decision-making processes of Government.

The Secretary of State would make a decision without the need to make any attempt whatever to listen to parents, pupils, teachers, governors and employers—in fact anyone at all who might be thought to have some knowledge of the situation locally. As we heard earlier, we know what the Secretary of State thinks about other people’s views. She justifies that on the absolute presumption that her solution is always infallible, but—as has been demonstrated over and again—that is not true.

--- Later in debate ---

[Mr Graham Brady (Altrincham and Sale West) (Con)]

I am delighted to follow the hon. Member for Cardiff West (Kevin Brennan), who gave me a cue to speak at this point to amendment 11, which stands in my name. I have debated this subject with him on more than one occasion, as I have with my hon. Friend the Minister, and I suspect that we will do so again on future occasions. I therefore do not intend to detain the House for long.

The hon. Member for Cardiff West spoke at length about the experience of selection in the 1960s as though it was something that no longer existed, and of which we have no experience today. Of course, I come to the subject precisely because my constituency is in the borough of Trafford in Greater Manchester, which is still a selective local authority area. Furthermore, the state schools in my constituency are probably the best in England and Wales, by any objective measure, and that goes for the grammar schools, the high schools—my hon. Friend the Minister has visited some of the excellent high schools in my constituency—and the primary schools, which are at the top of the table. We maintain high standards throughout, whereas in many areas high performance in primary education then dips at the beginning of secondary education. We also have an outstanding further education college, Trafford College. Whatever it is that the hon. Gentleman thinks might have gone wrong in the past, I submit that it is not going wrong in the borough of Trafford, at least at the moment.

[Stephen Twigg]

I have great respect for what the hon. Gentleman is saying and for the record in Trafford, but does he agree that the record on standards in schools is rather different in Kent? What he describes for the secondary sector in Trafford is rather different from what we see in another local authority that maintains selection.

[Mr Brady]

Kent is obviously a very big county, and there is a lot of diversity in performance there. I believe very firmly that if we are trying to improve a system, we should look at the bits that are working less well and try to raise standards there, rather than removing the parts that work best. I think that the tragedy of the comprehensive revolution in the 1960s and ’70s was that often the people who suffered most as a result of the destruction of so many grammar schools were working class people in areas where very little of quality was put in their place. The hon. Gentleman will have heard me quote from the pamphlet “A Class Act”, written by Lord Adonis and Stephen Pollard, who was then at the Fabian Society, in which they made that very point.

I am a strong supporter of what this Government and the Government immediately before did to try to raise standards in all schools. I am a strong supporter of academies and free schools. In fact, when I was shadow Schools Minister—the job that the hon. Member for Cardiff West now has, has had for some time and might have for many years to come—I was able constantly to praise the efforts of the then Labour Government to increase the autonomy of schools and create the academy model, building on the grant-maintained schools that went before them. It is regrettable that the Opposition are starting to move away from that bipartisan position.

To return to amendment 11, my campaigning on the subject aims to bring better schools and more opportunity to more children in state schools across the country, as well as to champion the obvious success that is evident in my constituency and in the borough of Trafford. Having been educated at Altrincham grammar school, which is in my constituency, I do not just believe that selective education can bring wider opportunity and social mobility; I know it.

I am not seeking to impose a different model of education on places or communities that do not want it, but I believe in wider choice for parents and a greater diversity of schools. I cannot see why every specialism under the sun should be welcomed today, except for a specialism in teaching the more academic. It is absurd in today’s pattern of educational provision that the law still holds that the man in Whitehall knows best, especially if he celebrates the success of existing grammar schools but seeks to prohibit any new ones, however much parents and communities might want them.

--- Later in debate ---

[Stephen Twigg]

I shall resist the temptation to respond in detail to the hon. Member for Altrincham and Sale West (Mr Brady), who made his case very powerfully. I disagree with it, for the reasons that my hon. Friend the Member for Cardiff West (Kevin Brennan), the shadow Minister, gave. The grammar schools debate is one to which, I am sure, we will return, but I want to focus on supporting the new clauses proposed from the Opposition Front Bench.

The case that my hon. Friend made is extremely powerful. It is about looking at the evidence of what has worked in this country and in other parts of the world. When I intervened on him earlier, I spoke about our experience in government with the London challenge. I want to talk a little about the London challenge, because it shows a different way of doing things from the one which the present Government are following. Academies started in London. A number of academies were created as part of the London challenge. To this day I am proud of those academies that we created in London, in places such as Hackney, which had been badly let down in the past by the education system, and I celebrate the success of schools such as Mossbourne and many others across London that have done so well as academies.

We know, however, that the evidence on academies is mixed. We have to acknowledge that. In Liverpool the schools that are struggling the most at secondary level are the sponsored academies. I do not therefore condemn them for being academies, but I recognise that they face big challenges. They tend to serve some of the areas of greatest social and economic need in the city. Simply making them academies did not, on its own, ensure that those schools would be transformed and do brilliantly. That is why I warmly welcome new clause 1, which my hon. Friend moved. The approach that was taken in the London challenge, very much under the inspirational leadership of Tim Brighouse, was to look at the evidence, broker relationships between different schools in London, recognise the diversity of social and economic conditions in different communities across London, and not to have a one-size-fits-all approach.

As a Minister I spoke to local government leaders in London about academies. Some of those councils were Labour but many were Conservative or Liberal Democrat at that time. There were different views about academies. In local authority areas in London such as Camden and Tower Hamlets that did not want to have academies, we did not take the view that they should be imposed. In both those cases, we have seen real improvement in schools over recent decades. Other authorities, such as Hackney, Southwark and Lambeth, were more open to the creation of academies and that was part of the route that we pursued.

I welcome the fact that new clause 1 recognises that we have to take a sophisticated approach that looks at all the evidence. Data are extremely important. I never have any truck with those who suggest that we can simply ignore the data about a school, but data are only one aspect of the judgment that we have to make. We must look at context and at progress, as the Government have acknowledged—the value that is being added by the school. We have to look at the history of the school and, crucially, at the quality of leadership, teaching and learning in the school. The emphasis on that in the new clause is hugely welcome.

I urge the Government to reconsider an approach which is so highly centralised from London, does not take sufficiently into account concerns in local communities, and regards academy status as the be-all and end-all, when the reality is that we have some great successes from academies and we have some wonderful schools that have chosen not to go down that route. We should celebrate those schools equally. Ministers should visit those schools equally and their role in raising standards for all in our education system should be celebrated by all of us on a cross-party basis.

I look at the primary schools in my constituency, in West Derby in Liverpool, many of which do a fantastic job. I have spoken previously of Ranworth Square school in Norris Green, which has one of the highest levels of deprivation in the country but consistently delivers good results for the children at 11. It is not an academy, it has fantastic leadership and it works well with other schools and with the local authority. Changing that school’s status would make no fundamental difference. Why does the school succeed? It is because it has great leadership, great teaching, and great relationships with the community and with other schools. Sometimes the change that comes through academy status can be transformational. I referred to some of the brilliant examples in London, and it is important that we remind ourselves of them.

Much analysis has been done of the London challenge. It was not all good and all successful, but the main feature of the analyses that I have seen, with which I certainly concur, is that the London challenge worked because it was collaborative and based on evidence. It was collaborative across schools and across communities. Local authorities were involved, but the schools were very much in the driving seat, working with us in central Government. We need that kind of approach elsewhere. Something that works in a capital city cannot be replicated in every part of the country.

That is why the mayor of Liverpool, Joe Anderson, and cabinet member Nick Small have decided that we are going to have a Liverpool challenge. They have asked me to chair it. I will be working with schools, business, the further education college, the universities and others. This will be across the piece. Academy schools, local authority schools, faith schools and church schools are a particularly important component of education in the city. The aim is absolutely to raise standards for all young people in the schools. We have seen a big improvement in many of our cities, including Liverpool, over the past two decades, but in recent years we have had a drop-off in our secondary results, with Liverpool falling a bit behind some other cities. The mayor of Liverpool recognised that and has asked for this piece of work to happen.

I mention this because that kind of approach still has value. It is rooted in the community and in local democratic leadership, but it is also rooted in recognising that we have a big challenge on standards. There is no denial of that in the approach being taken.

[The Minister for Schools (Mr Nick Gibb)]

I genuinely wish the hon. Gentleman every success in his chairing of the Liverpool challenge. Does he accept, though, that the approach taken in the multi-academy trust system is designed specifically to replicate that kind of approach but within a chain of academies, not necessarily inner-city, up and down the country?

[Stephen Twigg]

I do recognise that. A number of multi-academy trusts have proved hugely successful, and I praise their work. However, we must also recognise that some academy chains have not been successful. That is why I support the amendment tabled by my hon. Friend the Member for Sheffield, Heeley (Louise Haigh) advocating inspection of academy chains on the same basis as Ofsted inspection of local authorities. That is a really important principle. The good or outstanding multi-academy trusts have nothing to fear from my hon. Friend’s amendment, but in the same way that we have challenged local authorities that have not succeeded in education in the past, we must challenge academies and academy chains.

The evidence now shows that we have seen some real improvement in our schools, particularly in cities and notably in London, but we still have some enormous challenges in coastal areas. I encourage the Government and my own party to look at this. Many coastal areas that have faced serious economic decline and big social challenges now have some of the poorest-performing schools; they may be coasting schools or schools with some of the poorest results. It is vital that we tackle that in the same way that the previous Labour Government sought to tackle underperformance in schools in our cities.

I hope that we can do that as this debate moves forward. It will be best done in a collaborative way that challenges the schools and works with them, because that is the way that works. It has worked with the London challenge, and the black country and Manchester challenges, and I hope it will work with the Liverpool challenge in which I am so pleased to have been asked to play my part.