Education and Adoption Bill

Tristram Hunt Excerpts

Wednesday 16th September 2015 Commons Chamber

[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.

[Tristram Hunt (Stoke-on-Trent Central) (Lab)]

Does my hon. Friend agree that one of the major challenges in respect of coasting academy schools for this Bill is a massive overdependence on the role of regional schools commissioners? In my constituency and across the west midlands, there simply is not the capacity of regional school commissioners and their staff to deal with underperforming and coasting academy schools, and what we have here in this Bill is once again an over-concentration on the maintained sector while not doing enough for children in underperforming academy schools.

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[Kevin Brennan]

My hon. Friend is right. We only have to speak to headteachers to know the difficulty of recruiting in those subject areas. Again, the Government have failed to face up to this crisis and schools cannot be judged if they cannot recruit the teachers because of a failure of Government policy. According to Professor John Howson, a shortage of more than 6,000 teachers has built up in the past three years. A report from London Councils says there is a need for 113,000 extra school places in the capital in the next five years.

I could go on and on, but I will not detain the House for too long with those statistics. It would, however, be interesting to hear from the Minister in his reply about what the Government are doing to meet this crisis in teacher training recruitment and retention, because that is the real issue out there and they are not addressing it adequately.

That is why we have made teacher supply one of the factors in judging how a school is performing under new clause 1. Ignoring teacher supply as a factor in influencing whether a school is doing well enough in helping its pupils to reach their potential is simply burying one’s head in the educational sand. That is exactly what the Secretary of State is doing in the Bill, and in her wider role. She remains obsessed by her pet projects of free schools and forced academisation, and is diverting ever more precious and scarce resources in the Department to them while failing to address the mounting crisis in teacher training, recruitment and retention. She cannot say that she has not been warned about this.

[Tristram Hunt]

As always, my hon. Friend is making a persuasive case. Is not the situation even starker than that? Schools are facing a 10% cut to their budgets over the course of this Parliament, yet funds are being allocated to opening free schools in areas where they are not needed. Courses for young people are being cut away and pupils’ choices are being eliminated in order to fund those free schools.

[Kevin Brennan]

My hon. Friend is absolutely right. If we project the figures over the course of this Parliament, the position is even starker, especially when combined with the reality of the cuts to 16-to-19 education, which even Conservative Back Benchers are now complaining about because of their impact on sixth forms—

[Tristram Hunt]

And grammar schools.

[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.

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[Louise Haigh]

The Minister made the same point in Committee when I was raising these issues then. This is not an issue of Conservative party membership; this is an issue of transparency and serious conflicts of interest that have been raised by the cross-party Education Committee. It is not a cheap party political jibe, but one that has been seriously raised about parliamentary accountability and transparency, something Conservative Members are supposedly in favour of.

The Harris chain is particularly relevant, because it has sometimes been chosen as a sponsor by the Department against the wishes of staff, parents, and communities who have preferred other high-performing local options. That brings me to the Minister’s colleague, Lord Nash, who is another Conservative donor. He sits not only in the other place, but in the Department as Minister for Academies, where he is involved in choosing sponsors despite having been involved in specific academy chains. Frankly, there have been suspicions of political favouritism and intervention in these choices, and there are too few safeguards against them.

The vast majority of academy trusts are staffed by people working hard to address educational underperformance, but it is appropriate to ask, as the Education Committee did, what processes the Minister has in place to guard against certain trusts being given preferential treatment if, as we expect, the Government refuse to allow independent scrutiny. Indeed, the Clarke report, following the so-called Trojan horse affair, made a number of very significant recommendations which it appears the Government have yet to implement fully. Recommendation 7 stated that the Department for Education should consider urgently how best to capture local concerns driving the conversion process and review the brokerage system through which schools are matched with academy sponsors to ensure that the process is transparent and understood by all parties. The Government have previously claimed that all the recommendations have been implemented, but perhaps the Minister could comment on how the Bill fulfils them. What we are hearing from education professionals is that in some cases school leaders will go to the Department with recommendations for a preferred sponsor for their school, only to be overruled by the Department.

That brings me to new clause 4, which is intended to put the voices of parents and the local community at the centre of any decision to choose the identity of an academy sponsor. Apart from questions about the principle and pace of the academy programme, there will be questions about the identity, values and track record of particular academy sponsors for particular schools. Labour Members simply do not understand what the Government have to fear from the voices of parents, teachers, governors and support staff. We consult those groups constantly, and we value their input extremely highly. Indeed, the head of the National Association of Head Teachers argued, very wisely, in a blog ahead of today’s debate, that

“removing the right to consultation and engagement with local communities, in my experience, tends to alienate and promote opposition where previously the local community was neutral.”

[Tristram Hunt]

As we know, the academic evidence shows that when there is parental support for and buy-in to a school, the results of that school are often better. What we are seeing from the Government, however—whether we are talking about the Charities (Protection and Social Investment) Bill, the Trade Union Bill or this Bill—is a sustained Tory assault on democracy and free speech, on the very anniversary of Magna Carta. I have to say that it fills me with dread.

[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.

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The Bill also builds on our reforms to the curriculum, pushing up academic standards in English, maths and science in primary schools, our reforms to the teaching of reading and our reforms to GCSEs and A-levels, putting those qualifications on a par with the best in the world. It builds on the measures we have introduced to improve school attendance, to raise the standard of behaviour and to improve the quality of teacher training. All these reforms have been designed to change our schools system so that every child can benefit from a great education. In short, the Bill is about social justice. That is why it now addresses not only failing schools but coasting schools.

[Tristram Hunt]

In the Minister’s list of Government policies, he omitted to mention the policy on free school meals. Will he put on record the Government’s commitment to that policy over the course of this Parliament, as set out in his party’s manifesto?

[Mr Gibb]

The hon. Gentleman will know what we achieved in the last Parliament. He will hear later, when the spending review is completed, what we can commit to in the next few years, not only on that issue but on a whole of range of issues across Whitehall that we have to look at in great detail.

A coasting school is one that is not consistently ensuring that children reach their potential. Clause 1 gives the Secretary of State the power to define which schools will be deemed to be coasting and therefore eligible for intervention. To assist scrutiny of the clause, we have already published draft regulations setting out our proposed definition. They provide a clear and transparent data-based definition, based on a school’s performance data over three years, rather than on a single Ofsted judgment or a snapshot of a single year’s results. Our proposed definition of a coasting school will be based on the new accountability system that comes into place from 2016, but it will be 2018 by the time three years’ data are available under the new system. We do not think it acceptable to wait so long before acting on coasting schools so we have also proposed interim measures for 2014 and 2015, based on existing metrics, so that regional schools commissioners can start to take action in 2016.

New clause 1, tabled by the hon. Members for Cardiff West (Kevin Brennan) and for Birmingham, Selly Oak (Steve McCabe), proposes an alternative approach to identifying and addressing schools that fail to ensure children reach their potential. Subsections (1) and (2) of the new clause propose to set out in legislation a new definition and put the decision about which schools are to be regarded as coasting in the hands of Ofsted and the local authority. This would remove all transparency for schools about what would constitute coasting, meaning that a school would have no certainty about whether it might be deemed to be coasting. The new clause proposes an opaque, confusing approach to the definition of a coasting school, in contrast to the clear definition that we have set out in draft regulations.

Subsection (3) of the new clause includes a number of factors that Ofsted would be required to take into account, such as the availability of teachers in the area, the number of pupils, the reliability of performance data, the socio-economic challenges and the gender balance of the pupil population of the school. I am not sure that those factors should be explicitly set out in primary legislation, because to do so would restrict the ability to respond appropriately and flexibly to the individual circumstances of a school. Regional schools commissioners will of course take into account the challenges a school faces from its intake, along with other issues, when they assess a school’s performance.

The hon. Member for Cardiff West cited a number of examples of maintained Catholic schools in Bexley that had improved their Ofsted rating without becoming sponsored academies, but he omitted to say that seven Catholic primary schools in the borough had expressed an interest in converting, including St Joseph’s, the school that he cited as previously having been judged inadequate. Both the Catholic secondary schools in the borough are already academies, including St Catherine’s, the school that he cited as providing effective support for improving the quality of the education at St Joseph’s.

Where a school does fall within the coasting definition, the regional schools commissioner’s first task will be to see whether the school has the capacity itself to raise standards. In some cases, the school’s own leadership, perhaps a recently appointed new headteacher, may have an effective plan to raise standards. In other cases, more support will be needed. Coasting schools will be able to work with other experienced headteachers, with national leaders of education, with stronger schools in the area and with other relevant experts to raise standards.

[Tristram Hunt]

rose—

[Mr Gibb]

I give way again to the hon. Gentleman. I suspect he is missing his Front-Bench role, given his intervention in this debate.

[Tristram Hunt]

The whole House is. I am just representing the views of my constituents, which is why I am sent here.

The Minister puts great faith in the role of regional schools commissioners. A number of my local schools in Stoke-on-Trent are in special measures and require improvement. They are not at the coasting stage; things are much more serious than that. The regional schools commissioner has failed to help to improve those schools, so why does the Minister think the RSCs will be able to sort out coasting schools, given that at the moment they cannot even sort out schools that require improvement or are in special measures?

[Mr Gibb]

Of course the RSCs have been established only recently, and already 60% of all secondary schools in the country have become academies and an increasing number of primary schools are now academies. The transformation of schools from the maintained sector into academisation has been phenomenally rapid. We are now moving a step further forward to ensuring that we do not just tackle failing schools. If this Bill gets through this House—I hope the hon. Gentleman will support it this evening—any failing school, including any school in his constituency that is in special measures, will automatically become an academy, have new leadership and have new sponsorship, driving forward higher standards in that school. He should be supporting the measure.

Having said that, academisation will not always be the default solution for coasting schools, because where it is clear that the existing leadership does have the capacity to improve, they will be given the support and backing to do just that. But having the discretion to make an academy order is important, even for coasting schools, as a backstop provision.

I could cite many examples where becoming a sponsored academy has helped to improve academic standards, but let me highlight just one. In January 2014, Our Lady and St Bede Roman Catholic secondary school in Stockton-on-Tees was judged as requiring improvement by Ofsted. It became an academy sponsored by the Carmel Education Trust. In 2014, only 54% of pupils achieved five or more A* to C GCSEs including English and maths. Under the new sponsorship the headteacher has reported that that figure has risen to 72% this year; which is an increase on last year of 18 percentage points in just 12 months.

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[Tristram Hunt]

I congratulate my hon. Friend the Member for Manchester Central (Lucy Powell), the shadow Secretary of State for Education, on her excellent and passionate speech, and thank the Secretary of State for her kind words.

In a former life, before I joined what Engels would have described as the breezy heights of the Back Benches, I tabled a reasoned amendment to the Bill on Second Reading. I tried to develop, on behalf of the Labour party, some common ground with the Government, because we all share a passion for improvement in our schools and adoption system. However, as my hon. Friend the Member for Cardiff West (Kevin Brennan) revealed, the Government turned down every single one of our amendments in Committee, which shows that they have no interest in the kind of one nation, consensual government we were told they were interested in developing. That is why it is absolutely right that the Opposition Front Benchers will lead us to vote against the Bill tonight.

As my hon. Friend the Member for Manchester Central said, there are huge challenges in education today. A recent report by the World Economic Forum puts us 27th out of 30 advanced economies in providing access to learning. As she said, there are immediate challenges in the retention and recruitment of teachers; in improving the quality of teaching, day in, day out, across our schools; in providing more school places in areas where they are needed, as a result both of the baby boom and the Government’s immigration policy; and in retaining a broad curriculum when the Government are cutting school budgets by 10% over the course of this Parliament, which will limit pupil choice as teachers are laid off and courses curtailed.

Broader challenges are facing education across the UK. We must tackle inequality in the early years by supporting parenting, attachment, and early years investment, and we must promote the collaboration, partnership and challenge that we need in an era of school autonomy. It is great that my hon. Friend the Member for Liverpool, West Derby (Stephen Twigg) has revealed the Liverpool challenge, which is beginning to take his work forward across the country. We must reform the upper-secondary curriculum, and develop a consensus to steer us away from the tired, GCSE model and towards a 14-to-19 baccalaureate model. We must attract high-quality teachers into low-income communities, because that is where they will make a real difference.

Nothing in this Bill—this Government’s first legislative Act in education policy—goes anywhere near addressing those critical challenges for our country. It is, as has been said, a tired, highly political and partisan piece of work and, with great respect to those in the civil servants Box, it has been drawn together rather shoddily over the summer and does not deserve our support. It seeks to resuscitate debates of a decade ago, and I find it sad that Tory thinking on education—which has been rather vibrant in recent years—has now been shown to be dead.

On Second Reading we set out some much needed improvements: action on coasting and underperforming academies and—crucially—academy chains; a quality threshold for new academy sponsors; devolution of power from the Secretary of State to combined authorities; and the end of the assault on free speech among parents. At the heart of this Bill lies dogma. The Secretary of State complained about a one-size-fits-all policy, but what she has brought to the House today is the idea that the answer to every educational challenge is academisation. That is a fallacy. What makes the difference in education is high-quality teaching, strong leadership, a faculty committed to change, and supportive parenting. In many situations a change of structure can afford that, and that was the original vision behind the Labour party sponsored academy programme. However, the debate has moved on, and as the Education Committee recently reported:

“Academisation is not…the only proven alternative for a struggling school.”

It also stated that there is

“no convincing evidence of the impact of academy status on attainment in primary schools”.

It is right to oppose this Bill as it does nothing to challenge coasting academy schools, thereby letting down tens of thousands of schoolchildren on the altar of political ideology. We know what can raise standards in coasting schools: strong systems of partnership and challenge between and among schools; the professional development of teachers, week in, week out; strong leadership by heads. Instead we have blanket academisation, as if that is the only answer.

The Bill fails to address poor academy sponsors. Too many children have been let down in my constituency and those of my hon. Friends by the Department for Education’s “pile ‘em high” approach to academy sponsors. There has been a massive over-expansion in academy chains, and once again children are paying the price. There is an absence of good-quality academy sponsors, and nothing to show that forced academisation will improve quality. I remain of the view that Ofsted should inspect academy chains, just as it should inspect a local authority.

The Bill continues the remarkable programme to concentrate power in education in the hands of Whitehall. Steve Hilton, who used to be a guru for the Prime Minister, recently criticised the Government for their “soviet” command and control approach to education. The Secretary of State rails against bureaucrats, yet she gives more power to bureaucrats at the Education Funding Agency and Whitehall. The Labour party believes in devolution, which is why our amendments to hand real power to combined authorities in education and devolving schools policy were such a good idea. The middle tier is a real problem with the Government’s approach to education. Their vision of regional schools commissioners being able to solve every problem for academies has been shown to be completely wrong, and there is little evidence they are delivering the sustained improvements we need in schools.

Finally, the Bill launches a terrible assault on civil society. We need power closer to communities, but the Bill wrenches it from the hands of communities and once again gives control to Ministers. The Bill must be seen alongside the charities gagging Bill, the attack on trade unions in the Trade Union Bill and the assault on the free speech of the BBC. Time and again, we see an assault on free speech by the Government. It strikes me as wholly wrong not to allow parents to be involved in the conversation about the education of their children.

We generously gave the Government the benefit of the doubt on Second Reading, but they abused that trust in Committee by rejecting amendment after amendment. They have decided to begin this Parliament as they ended the last one, with a stale and tired debate about school structure, when our education system so desperately needs an inspiring, challenging and equitable programme for the future. It is right that we oppose the Bill.

Question put, That the Bill be now read the Third time.