Education and Adoption Bill

Steve McCabe Excerpts

Tuesday 23rd February 2016 Commons Chamber

[Nic Dakin]

I always listen carefully to what the former Chair of the Education Committee has to say, and he is right on this occasion. We all have a leadership role in our communities when it comes to supporting our schools and colleges and ensuring that they deliver.

This is the second occasion on which AET and E-ACT—the two largest multi-academy trusts in the country, responsible between them for 85 schools—have received significant criticism from the Independent Schools Inspectorate. That is telling. The Secretary of State is ultimately responsible for holding academies to account, but, two years after Ofsted’s warning that the trusts were failing to raise standards, we are again being told that their schools are not delivering for many pupils. I am sure we all agree that that is not good enough, and that it illustrates the size of the challenge.

Parents have a fundamental wish to be involved in their children’s education. A recent survey by PTA-UK found that 97% of parents wanted to be consulted when big changes were made to how their schools were run. When a school becomes a sponsored academy and the sponsor is chosen, that represents a big change and a big deal. Parents have an important role to play in challenging—and helping—school communities to improve, and their views should be taken into account at such important moments.

[Steve McCabe (Birmingham, Selly Oak) (Lab)]

Might there be a risk that the Government are laying the foundation for future legal challenges against academy trusts if the duty to inform turns out to be a duty to misinform, because they misrepresent the information to parents and they are not allowed to consult on it?

[Nic Dakin]

My hon. Friend has done a great deal of work on the Bill, and I am sure that Ministers have heard what he has said. No doubt their legal advisers will have already looked into the point very carefully, but they may want—with his assistance—to double-check the position. Why the Government cannot trust parents is beyond me, but the House has an opportunity to put that right by voting for our amendments (a) to (d).

There is real concern about whether the pool of current and potential academy sponsors has the capacity to improve additional schools. The Government’s own statistics show that only 15% of the 20 largest chains are performing above the national average, compared with 44% of maintained schools. Since September 2012, 75% of maintained schools have gained good or outstanding judgments, compared with 69% of academies. According to the National Foundation for Educational Research, in 2014 pupils at maintained schools achieved the same high standard of GCSE results as those attending academies. The facts suggest that the Government would help schools to improve by ending their ideological obsession with academisation, and pragmatically removing the bureaucratic barriers that prevent councils from intervening in underperforming schools.

In my constituency, Priory Lane school received an Ofsted judgment that meant that it needed significant improvement. The governors indicated that they wanted to go down the academy route, but that they wanted a choice of academy sponsor. Owing to a lack of academy sponsor capacity, the Department for Education and the regional schools commissioner could offer only one option, so governors and parents were presented with a “take it or leave it” choice. Despite representations from all and sundry—including myself—the Government remained adamant that the shotgun wedding would go ahead.

I understand where the Government were coming from, and, indeed, their sense of urgency and exasperation has been made clear today. In the event, however, owing to the skilled intervention of the local authority, a better solution was found. The school formed a federation with a successful partner, Westcliffe Primary, and that process is now benefiting both school communities. Ultimately, the local authority’s skilled intervention has produced a better outcome for children and parents—the very people on whom we should all be focusing. That is the sort of best practice that should be applauded and learnt from in the interests of children and parents everywhere. Of course we are pleased that the Government acceded to our arguments, and have included academies in the “coasting arena” so that action can be taken when necessary.

We come to the 80 lines of amendment 8, which was inserted to recognise that academies—as we already know—can also fail or be coasting and need improvement. Academy governance is a mess. There are 5,000-plus academies and 5,000-plus funding agreements. The private contract, as opposed to public law, cannot work for such a large number. It is a bureaucratic nightmare.

It baffles me that this Bill insists on treating schools differently depending on what type of school structure they have. If Ministers truly believe that no parent should have to put up with their child spending a single day in a failing school—to be fair, they have reiterated that today, and we agree wholeheartedly with them on it—and that leadership and governance should be replaced immediately, I simply cannot fathom why that would not apply to failing academies, too. Rather than double standards for pupils, there needs to be robust, purposeful action taken over any school that should be doing better.

In conclusion, let me remind Members of the words of Sir Keith Joseph, one of the Secretary of State’s illustrious predecessors, in introducing his 1984 Green Paper:

“Parents care about their children’s progress—how they develop and what they learn. They share the general desire for higher standards of education…We have not yet… allowed parents sufficient scope for discharging their unique responsibilities. Our education system is poorer for this. The Government now intends—while fully respecting the responsibilities of local education authorities—to extend its policies for raising standards in schools by enabling parents to improve the work of the schools.”

This is an old-fashioned one nation Tory who respected local authorities and wanted to empower parents. I applaud his words.

How times have changed when it is now a Labour Opposition who have to remind a Conservative Government of the need to respect parents and recognise the role of local government in providing oversight and accountability. Amendment 8 goes a tiny way towards bringing improvement by stating what funding agreements should say—whether they say or do not—about Government action when a school causes concern. Much more robust legislation is required, and the Minister might like to indicate whether it is true that the Government’s much touted next White Paper will ideologically academise the rest of the school estate. If so, will there be further reams of words trying to make sense out of nonsense?

The Labour amendment highlights the fact that when an academy has an Ofsted inadequate judgment, the Secretary of State must listen to representations from the school’s academy trust before taking further actions. No such opportunity is afforded to local authority-maintained schools.

The noble Lord Nash said amusingly in the other place when introducing amendment 8 that a myth had grown that Government

“somehow favour academies and hold them to account less robustly than maintained schools”,

adding:

“That is not the case.”—[Official Report, House of Lords, 16 December 2015; Vol. 767, c. 2095.]

He is clearly a dab hand at irony. The reality is that this clause further treats academies more favourably than maintained schools by giving them the right of appeal to the Secretary of State in these circumstances when maintained schools cannot.