Education and Adoption Bill

(Limited Text - Ministerial Extracts only)

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Wednesday 16th September 2015

(8 years, 7 months ago)

Commons Chamber
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Kevin Brennan Portrait Kevin Brennan
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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.

Nick Gibb Portrait The Minister for Schools (Mr Nick Gibb)
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The shadow Minister will be aware that we inherited the structure of academies from the previous Labour Government. This is an extension of the Blair-Lord Adonis structural reforms to education. Is he now saying that he opposes the reforms that those two individuals introduced?

Kevin Brennan Portrait Kevin Brennan
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This is not an extension; it is a dilution of what was an effective, limited and targeted intervention using scarce resources where nothing else had worked before. The Minister knows full well that he is trying to say that the only solution for school improvement, everywhere and on every occasion, is to academise a school, even if there is not a good sponsor available in the area. That is a ludicrous position, and we shall return to this matter later.

Presumably the Minister is going to have to renegotiate thousands of individual funding agreements to ensure that coasting academies do not escape the scrutiny and investigation that he believes to be so important for our schools. Alternatively, he could admit that the coasting schools provisions in the Bill will not apply to academies. The Government cannot go on pretending that academies can continue to exist outside public law on this scale. The previous Government acknowledged that fact, when special educational provision in academies was legislated for in the Children and Families Act 2014 in relation to the duty of an academy trust to admit a pupil with a statement of special educational needs. So it can be done, and such a provision could have been introduced into this Bill. Similar acknowledgement was made under the provisions on pupil admissions in the Education Act 2011.

New clause 2 covers schools with an inadequate Ofsted judgment. This is to be read in conjunction with amendment 2, which would remove clause 7 from the Bill, and with amendment 3, which would stop the ban in consultation on schools judged inadequate, ahead of forced academisation. The new clause also relates to amendments 4, 5, 6 and 7.

New clause 2 would replace clause 7, which covers the duty to make academy orders. The concept of forced academisation when a school is found to be inadequate must rate as one of the most grotesque uses of statute law to control schools ever to be invented by any Government of any political description. The Secretary of State will be required to issue an academy order to approximately 250 maintained schools and then let the school and the local authority argue about when the order should be revoked under clause 12, but that is a waste of time and effort.

According to Ofsted’s management information on inspection outcomes up to 31 July, there were 258 maintained schools and pupil referral units, excluding the three maintained nursery schools that cannot, by law, be academised. There were 287 academies, which is a significant over-representation. Thirty-three of the maintained schools received their inadequate judgment in 2013 and can confidently be predicted to be on their way out of special measures. Forced academisation will disrupt the improvements that are being made. This will not be the case for the 35 academies on the list, which can presumably have their improvements supported in a less public and punitive way. For 2015, only 77 maintained schools have been found inadequate, but 95 academies have received that judgment. This is another example of the academy programme failing, which the Minister refuses to acknowledge. We need a full independent review before any more schools are treated in this way.

As clause 7 stands, the Secretary of State has pretty much an absolute duty placed on her to academise a school that has an “inadequate” Ofsted rating. As we have said, in particular circumstances, with particular sponsors, the academy model works well, but it does not always work well and other models have worked better in some cases. We examined some of those cases in Committee, particularly those that were brought to us by the Catholic Education Service, which is deeply concerned about the rigidity and, dare I say it, the assumption of infallibility on the part of the Secretary of State, as illustrated by clause 7.

In Committee, we discussed some of the alternative approaches to school improvement, and the CES gave us some good examples. I will not go into them in great detail, but it told us about the use of an executive headteacher as a means of school improvement at St James the Great Catholic primary school in London. Despite pressure to academise, the diocese wanted to use the executive headteacher, resulting in the implementation of a school improvement plan with an executive head and teachers from other local schools coming in. The school was re-inspected in June 2013 and whereas it had been grade 3 for three categories and grade 4 in leadership and management, with an overall grade 4, by then it had improved to an overall grade 2. That arrangement continues, with overwhelming support from staff and parents of both schools. That alternative intervention would, in effect, be banned by the Bill, because of the Secretary of State’s delusions of infallibility.

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Kevin Brennan Portrait Kevin Brennan
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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.

Nick Gibb Portrait Mr Gibb
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Does the hon. Gentleman think that it was the parents’ wishes that a school should fail or that it should be put into special measures by Ofsted? Was that school adhering to parents’ wishes when that happened?

Kevin Brennan Portrait Kevin Brennan
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No parents wish for a school to be put into special measures under any circumstances, but that does not mean that they wish to have their right to express their view about the future of the school ridden roughshod over by a Bill that does not even allow alternatives to be considered, even when those alternatives have been proven to be successful. That is the point. Under the Bill, the Secretary of State will be tied to one single course of action, even when other alternatives are available locally that are supported by parents. We want to ensure that parents have that opportunity. It is clear from the Minister’s attitude—in fairness, he has always been clear about this—that he views any objection to anything the Government propose with regard to academies as being ideologically driven by troublemakers, which is his definition of a parent.

To put it generously, there is no evidence that academy conversion is more likely to lead to improvement in an inadequate school than the adoption of other school improvement measures, which is why we should use evidence to determine the best way forward in what I would hope is a shared desire and passion to improve the quality of education in our schools.

There is a case in general terms for consultation. There is also a case for consultation in particular. Parents should not have particular solutions imposed on them without having some say in the matter. We know from Ofsted—this is despite the efforts of Ministers to prevent Ofsted getting at what is really happening in chains—how inadequate some academy chains can be. Parents are entitled to say that that is not a particular regime that they want for their local schools.

Schools are not gifts that can be dished out to Ministers’ friends, supporters and party donors. Government should not leave themselves open to the charge that they have favourites and will support them regardless of any evidence that has been put forward, because that is what this Bill does. Ultimately, it may be that, after consulting the Government, schools may decide that it is right to follow the initial path that they propose, but not to consult at all is wrong in principle.

Finally, I have a few words to say about amendment 11. I do not have time to comment on many of the other new clauses and amendments, but I will comment on amendment 11, tabled by the hon. Member for Altrincham and Sale West (Mr Brady) and others. It is about the creation of new selective schools, albeit in the form of academies.

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Stephen Twigg Portrait Stephen Twigg
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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.

Nick Gibb Portrait The Minister for Schools (Mr Nick Gibb)
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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 Portrait Stephen Twigg
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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.

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Peter Kyle Portrait Peter Kyle
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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.

Nick Gibb Portrait Mr Gibb
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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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Nick Gibb Portrait Mr Gibb
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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.

Nick Gibb Portrait Mr Gibb
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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 Portrait Tristram Hunt
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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?

Nick Gibb Portrait Mr Gibb
- Hansard - - - Excerpts

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.

Suella Braverman Portrait Suella Fernandes (Fareham) (Con)
- Hansard - - - Excerpts

I am grateful to the Minister for his work in Committee, where I served, alongside other colleagues in the House. Does he agree that we see that the Opposition’s challenge that this is not an evidence-based policy simply does not stack up when we look at the example he has cited and at academy sponsor trusts such as REAch2, Applegarth, STEP Academy Trust and WISE Academies, which have achieved astonishing turnarounds in a short time? Is this policy not just speeding up what works best?

Nick Gibb Portrait Mr Gibb
- Hansard - - - Excerpts

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 Portrait Peter Kyle
- Hansard - - - Excerpts

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.

Nick Gibb Portrait Mr Gibb
- Hansard - - - Excerpts

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.

Kevin Brennan Portrait Kevin Brennan
- Hansard - - - Excerpts

Will the Minister give the House the figures for maintained schools that have used some of the alternative school improvement approaches that I have outlined and that started off on the same level of achievement as the schools that were converted to academies that he has just quoted? In that way, we can make a proper evidential comparison.

Nick Gibb Portrait Mr Gibb
- Hansard - - - Excerpts

As I said in Committee, these figures are significantly higher than the school system as a whole, which shows that these schools are raising standards. I can give some examples. Individual schools across the country have benefited from becoming sponsored academies. For example, Bramford primary school, which Ofsted placed in special measures in 2012, but which, having joined Griffin Schools Trust in 2013, has made huge improvements. In April 2015, Ofsted judged the school to be good, with Ofsted attributing that to the sponsor trust’s “good leadership and management.”

The hon. Member for Hove (Peter Kyle) quoted Sir Dan Moynihan and his evidence to our proceedings, but he did not quote him when he said:

“Local authorities often do not use the freedoms that they have. There is nothing that we have done in any of our schools that were failing that a local authority could not have done. In every case, the local authority simply did not do it and it had to have someone else take it over and make it better.”––[Official Report, Education and Adoption Public Bill Committee, 30 June 2015; c. 18, Q38.]

Those are the words of a highly successful chief executive of a highly successful academy chain.

When a school is failing, we need the academy conversion process to be swift. Every day’s delay is a day of weak education for the pupils at a failing school, which was acknowledged by the hon. Member for Southport (John Pugh) in his contribution to our debate.

John Pugh Portrait John Pugh
- Hansard - - - Excerpts

Presumably, the Minister will tell us why the immediate remedy always has to be academisation.

Nick Gibb Portrait Mr Gibb
- Hansard - - - Excerpts

It is because for too long they have been languishing as underperforming schools. The authorities and governing bodies that were overseeing them have had their opportunity to improve them over many years. We feel that pupils should not have to waste a single day more in those schools. They need new leadership and new governance, and they need them now.

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Mike Wood Portrait Mike Wood (Dudley South) (Con)
- Hansard - - - Excerpts

Does the Minister share my concern that schools that wish to convert to academy status, such as Bromley Pensnett school in my constituency, are finding a series of obstacles being put in their way by the local authority? Will he ensure that the Bill stops local authorities blocking the improvements that are urgently needed to turn around the schools that need the most support?

Nick Gibb Portrait Mr Gibb
- Hansard - - - Excerpts

Where a school is failing, all those blockages will be removed by the provisions in the Bill. Where a school is good and wants to convert to academy status—the governing body wants the freedom to help the school not only to flourish itself, but to start helping other schools—I am afraid that the Bill still requires consultation with the community, because we think that is the right approach.

The Bill recognises that in limited cases there is a need to consult on the future sponsor for schools that are eligible for intervention. In the case of foundation or voluntary aided schools judged inadequate by Ofsted, clause 9 ensures that the Secretary of State must consult the trustees, the foundation and, for religious schools, the appropriate religious body about the identity of the sponsor proposed by the Secretary of State. In the case of a church school, a diocesan or church school-led multi-academy trust will be the solution in the vast majority of cases.

The Government are firmly committed to enabling diocese and church schools to protect and sustain their ethos. For example, where a Church of England diocese lacks the capacity to sponsor a school at the time it needs support, we may, with the involvement of the diocesan board of education, look to a non-church sponsor. In such situations we will ensure that the arrangements that the sponsor enters into will safeguard the religious character and ethos of the school. We will continue to work closely with the Churches on appropriate arrangements. I am grateful to the Second Church Estates Commissioner, my right hon. Friend the Member for Meriden (Mrs Spelman), for our discussions on that issue.

Many of the Opposition’s amendments attempt to introduce what I believe to be unnecessary consultations, appeals and processes. Our manifesto was clear that we would be unwavering and swift in tackling failing schools and ensuring an excellent education for all children. By contrast, the amendments would serve only to aid the delaying tactics and obstruction that some ideological opponents of academies attempt to pursue—I assume that is now the whole Labour party, or at least the members who paid £3 to join and now control it.

I turn now to amendment 11, tabled by my hon. Friend the Member for Altrincham and Sale West (Mr Brady) and other right hon. and hon. Friends. It would give the Secretary of State two new powers to extend academic selection. First, when a failing school became an academy under clause 7, the Secretary of State would have an additional power to allow the school, and therefore also the new academy, to select its pupils on the basis of ability, if requested to do so by a local authority or admission forum. Secondly, the amendment proposes to give the Secretary of State the power to make an order allowing selective arrangements in any maintained school, when requested to do so by the relevant local authority or admission forum. It does so by amending section 104 of the School Standards and Framework Act 1998, which currently prohibits selective grammar schools unless they were already selective before 1997.

Grammar schools have made a remarkable and sustained contribution to education in this country. They provide an exceptional education to their pupils. In 2014, 96.8% of pupils in the 163 grammar schools achieved an average of at least five GCSEs at grades A* to C including English and mathematics, and 87% of pupils at grammar schools were entered for a foreign language GCSE. This strong academic ethos—a rigorous curriculum and the highest expectations for every child—has been at the heart of the Government’s reforms. Harold Wilson hoped that a comprehensive education system would create a “grammar school for all”, but as Sir Michael Wilshaw, the chief inspector of schools, has pointed out, the reality was quite different. Several of the grammar schools converted into comprehensives suffered a precipitous decline in standards and, in many cases, a rejection of the value of a strong academic education.

The whole thrust of our education reforms is a determination to ensure that every school delivers the type and standard of education found in the 163 grammar schools. That is why we introduced a new national curriculum, which is more knowledge based and academically rigorous. The new primary curriculum is designed to ensure that every pupil is ready for a more demanding secondary education. For example, pupils are now expected to master times tables to 12 x 12 by the end of year 4, instead of to 10 x 10 by the end of year 6. Punctuation, grammar and spelling are now explicitly taught and tested, and dictation—the art of writing practice—is now part of the statutory national curriculum.

We are reforming GCSEs and A-levels. The new GCSEs are more demanding, and are no longer modular—all exams are taken at the end of a two-year course. Several of these new qualifications are being taught for the first time in schools this academic year. The new maths GCSE places greater emphasis on mathematical fluency and deep understanding, and includes new content to improve progression to A-level—on, for example, rates of change and quadratic functions. For GCSE English literature, pupils will now be required to study a broader range of texts, including at least one Shakespeare play in full and a 19th-century novel. The new history A-level will require students to study topics from a period of at least 200 years. The new science A-level includes strengthened mathematical and quantitative content—for example, understanding standard deviation in biology and the concepts underlying calculus in physics.

In the previous Parliament, we introduced the English baccalaureate performance measure, showing the proportion of pupils in a school entering and achieving a good GCSE in English, maths, science, history or geography, and a foreign language. The result has been a substantial increase in the proportion of young people taking these core academic subjects, from 23% in 2012 to 39% last year. We are going further, with this September’s new year 7 the first to be required to study the full combination of EBacc subjects to GCSE.

Kevin Brennan Portrait Kevin Brennan
- Hansard - - - Excerpts

While we are on this topic, can the Minister confirm to the House that it is still the Government’s policy to oppose the further expansion of selection at 11?

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Nick Gibb Portrait Mr Gibb
- Hansard - - - Excerpts

I shall come to that, if the hon. Gentleman will be patient.

The academies programme is delivering autonomy and freedom from control by local bureaucrats, delivering the change that will help to ensure that the promise of a “grammar school for all” can be delivered. I hope my hon. Friends supporting the amendment are assured that the Government share their commitment to ensuring that opportunity is more widely shared, and that every young person has the academic education they need to fulfil their potential. I believe that this commitment is best delivered by turning around failing schools more swiftly, and making sure that schools that are coasting take urgent action to improve. When combined with our reforms to qualifications and the curriculum, which challenge long-held orthodoxies peddled by the education establishment in the local authorities and university education faculties, I believe these reforms will play a significant role in restoring academic standards, which is what I know my hon. Friends would like to see.

The amendment also proposes to allow the Secretary of State to make an order that any maintained school could become selective, when requested to do so by the local authority or admission forum. I warmly support grammar schools that seek to extend their reach and their capacity by sponsoring other schools and increasing the number of pupils they teach. In the previous Parliament we changed the rules to give schools, including grammar schools, greater flexibility to expand to meet parental demand. As a result, there has been no fall in the proportion of young people in grammar schools under this Government.

Some of the amendments seek to challenge or alter our entire oversight and accountability framework. New clause 2 seeks to alter the accountability and mechanism of the appointment of regional schools commissioners by making them appointees of combined authorities or elected mayors, but the current regional schools commissioners model is working; they are well embedded in their regions and the lines of accountability are clear.

David Burrowes Portrait Mr Burrowes
- Hansard - - - Excerpts

Will the Minister respond to my request for an assurance that there will still be opportunities for continued collaboration and partnership? We heard about the good example of the London challenge, and the Liverpool challenge is coming soon. The Enfield challenge worked because the rapid recovery group involved the excellence that was on its doorstep to ensure that there was rapid improvement.

Nick Gibb Portrait Mr Gibb
- Hansard - - - Excerpts

My hon. Friend makes a good point. We want schools to improve, including coasting schools, and we want them to use every method to do so. We want local authorities to use every tool in their toolkit to improve schools under their jurisdiction, and we will encourage and help them to do so. However, when they fail and schools go into special measures, time is up and it is time to take a new direction. If schools are academies, we encourage collaboration between them and maintained schools. We encourage collaboration between academy chains and other academy chains, and within multi-academy trusts.

This is an important Bill that takes our reform programme to the next level to tackle not just failing schools but coasting schools—the complacent schools that for years believed they were doing well enough but in reality were failing to ensure that every child was reaching his or her full potential. If hon. Members have high expectations for every child in this country, I hope they will give the Government the flexibility we seek to take swift action to tackle failure and to address mediocrity. The amendments tabled by the Opposition would hinder that flexibility. I therefore ask Members to withdraw their amendments or, failing that, the House to reject them resoundingly.

Kevin Brennan Portrait Kevin Brennan
- Hansard - - - Excerpts

I note that the Minister did not respond to my intervention about amendment 11, tabled by the hon. Member for Altrincham and Sale West (Mr Brady), when I asked whether it is the Government’s policy to permit further expansion of grammar schools. The Minister tried to hide that in the smokescreen of a discussion about the expansion of the current grammar school sector rather than whether the Government have changed their policy on allowing new grammar schools, which was the whole point of the amendment.

I beg to ask leave to withdraw the clause.

Clause, by leave, withdrawn.

New Clause 3

Schools causing concern: involvement of parents

‘(1) The Education and Inspections Act 2006 is amended as follows:

(2) After section 59 insert—

“59A Duties of Secretary of State, local authorities, and proprietors to parents when a school is eligible for intervention

When a school is eligible for intervention, the Secretary of State, the local authority, school governing body and proprietor must exercise their functions with a view to involving parents of registered pupils in decisions relating to the school under this Part and the Academies Act 2010.”

(3) In section 59 (Meaning of “maintained school” and “eligible for intervention”)—

(a) in subsection (1) after (c) insert—

“() an Academy school”

(b) after subsection (2) insert—

“(3) In this Part, references to the governing body of an Academy school are to be read as references to the proprietor of an Academy school.

(4) If an Academy school is found to be eligible for intervention under this Part, then the school is to be treated as a maintained school for the purposes sections 63 to 69, and the governing body is the proprietor of the Academy school. For the avoidance of doubt, an intervention under sections 63 to 69 takes precedence over any provision of the Academy arrangements made between the Secretary of State and the proprietor.”

(4) In section 60 (Performance standards and safety warning notice) in subsection (6) at end insert—

“(e) the parents of registered pupils”

(5) In section 60A (Teachers’ pay and conditions warning notice) in subsection (6) at end insert—

“(c) the parents of registered pupils” .’—(Kevin Brennan.)

This new clause requires parents be involved in decisions about the future of their children’s schools.

Brought up, and read the First time.

Question put, That the clause be read a Second time.

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16:43

Division 72

Ayes: 209


Labour: 198
Liberal Democrat: 4
Plaid Cymru: 3
Ulster Unionist Party: 2
Green Party: 1
Social Democratic & Labour Party: 1

Noes: 309


Conservative: 304
Democratic Unionist Party: 3
Independent: 1

Clause 13
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Steve McCabe Portrait Steve McCabe
- Hansard - - - Excerpts

The Department published a report in August entitled “Impact of the Family Justice Reforms on Front-line Practice Phase Two: Special Guardianship Orders”. I also believe the Minister is planning a more extensive review of SGOs.

Steve McCabe Portrait Steve McCabe
- Hansard - - - Excerpts

There are two issues: first, there might be evidence that some local authorities are favouring SGOs in circumstances where they were not originally intended; and secondly, there are financial concerns, particularly for grandparents with SGOs. Local authorities have discretionary powers to provide financial support, but it is inevitably means-tested, meaning that some grandparents, having been persuaded by local authorities, sometimes on the basis of limited information, that SGOs are the best route to go down, and thinking they are doing the right thing by the child or children, could find themselves in dire financial circumstances, with the local authority all too happy to wash its hands of it all. As I said, a report in the summer was illuminating on this subject, and I believe the Minister is planning a further review. I hope he will say a bit more about this problem before the end of the day.

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I think there is overwhelming support across all the parties to see success in providing permanence for children who end up in the care system. There are opportunities to make a difference for children who end up being adopted, but I remind the Minister that those children for whom adoption is the right form of permanence are only a small proportion of the children who end up in the care system. We must remember that and make sure we look after all the children who end up in care and do not contribute to a widespread perception that adoption is the gold standard and other forms of permanence are not. We must invest in and support all forms of permanence. I hope the Minister will do that both in the remaining stages of this Bill and in what he does over the coming, weeks, months and years.
Edward Timpson Portrait Edward Timpson
- Hansard - - - Excerpts

I am grateful to the hon. Members for Birmingham, Selly Oak (Steve McCabe) and for Cardiff West (Kevin Brennan) for tabling their amendment, and for the other informative and constructive contributions from other hon. Members across the House. The amendment raises the important issue of ensuring that the power given to the Secretary of State in clause 13 is used in a transparent way and takes into account the impact of any action on voluntary adoption agencies, other models of care and the provision of post-adoption support by requiring an annual report to be laid before Parliament. I am pleased that the Secretary of State is in the Chamber to hear the views being expressed on this aspect of the Bill.

It is important to state at the outset that I appreciate the intentions behind the amendment. I agree that we need to be clear about how the power is used and the impact that it has. I can assure hon. Members that the process will be open and fair and that decisions will be transparent. I see that as the main thrust of the amendment, which hon. Members have drawn out during the debate. Be that as it may, the laying of an annual report before Parliament on the use of this power would, in our view, be disproportionate, and I shall explain why we take that view.

David Burrowes Portrait Mr Burrowes
- Hansard - - - Excerpts

I should like to take this opportunity to congratulate the Minister on leading the charge towards increasing the number of children who have permanent homes. The record increase in the past year provides the best evidence that we are a party and a Government that support families. In regard to the move towards regional adoption agencies, can he assure me that there will not be a one-size-fits-all approach, and that there will be flexibility in the system? For example, in the borough of Enfield, will there be a cross-over into Hertfordshire as well as into the London boroughs? We need to achieve the necessary efficiencies, but we must also act in the best interests of the children.

Edward Timpson Portrait Edward Timpson
- Hansard - - - Excerpts

I am grateful to my hon. Friend for his support, not only for the Bill but for the work that we have been doing in government to improve the adoption system. I can assure him that we will go on to talk about those matters in more detail. This is very much a bottom-up approach to the development of regional adoption agencies. It has purposely been designed to ensure that it has the flexibility that he mentioned, so that local authorities across regions, working closely with voluntary adoption agencies, can come up with the solutions that work best in their areas, based on their collective expertise. Even in the early stages of the process, that is already happening.

Before I set out the reasons why we do not accept the amendment, I want to address the specific issues that have been raised in the debate. At the heart of this has been the way in which adoption fits into the wider routes to permanence for children in the care system. Reforming the adoption system is a key Government priority, but adoption is clearly a solution for only a small group of children who cannot be looked after by their own parents, as the hon. Member for Sefton Central (Bill Esterson) reminded us. That is why, in parallel to improving the adoption system, we have taken—and are determined to continue to take—action in relation to other placement types as well.

The reason that the measures in the Bill refer only to adoption is that the adoption system operates on such a geographical scale that the kind of rationalisation envisaged here makes sense. However, if local authorities want to bring together other permanent services voluntarily, they have the freedom to do so. We are also taking action to improve the outcomes of children who have already left the care system. In the last Parliament, we took many steps to improve the support for children in care, including providing funding of nearly £100 million through the pupil premium plus, allowing targeted individual support to be provided for children in care in schools, introducing a new duty on local authorities to appoint a virtual school head, strengthening quality standards in residential settings to make them safer places for children and young people, and launching a cross-Government strategy for care leavers in 2013.

Bill Esterson Portrait Bill Esterson
- Hansard - - - Excerpts

The Minister mentioned the pupil premium plus. I commend him for that, because it has been a very successful initiative in schools, providing support for individual children in care and for former children in care—so adopted children qualify, too. To come back to the point I was making, the problem has been that we do not have the mental health professionals and qualified child psychologists to do the work that is needed in the timely fashion or to the level that is needed—that goes back to the point made by the hon. Member for Stevenage (Stephen McPartland). That is why we need to recruit and train the qualified professionals in those sectors, so that we can make the most of that investment.

Edward Timpson Portrait Edward Timpson
- Hansard - - - Excerpts

The hon. Gentleman makes a fair observation, and I will come on to talk a little more about the need to improve mental health services. The Prime Minister was clear that that was a key Government programme of work that will be taken on over the next five years. To ensure that children are receiving the right type of support when they need it, we need good decision making, good planning for them and an integration of those services around them—that is one of the roles the virtual school head has. This is also why we have embarked on an ambitious programme of reform to social work, making sure that those involved have the key knowledge, skills and practice-based learning to ensure that they are making the good decisions that lead to better placements and better outcomes.

To improve practice where the best permanence option is to remain as a looked-after child, we have also amended regulations in April to introduce long-term foster care as a distinct placement type for the first time. As someone who comes from a family who fostered both short term and long term, I think this is a very welcome step, which gives children who find themselves often for a large part of their childhood in the same placement a sense of family and stability. Together, we have made revisions to the wider statutory framework to ensure that those decisions are made very much in the best interests of those children. I could say much more if more time were available, but a lot of work has been done and will continue to be done in government to ensure that whatever the right permanency placement is for a child from the care system, we have the best system, the best people and the best accountability in place, so that they have the best possible start in life.

The issue of the crossover of adoption into special guardianship orders was raised by the hon. Member for Birmingham, Northfield (Richard Burden). He highlighted a case from his constituency, which he has previously raised with me. It is right to say , in response to the hon. Member for Birmingham, Selly Oak, that we have launched a public review of the legislative and practice framework underpinning special guardianships. It is now a decade since they were introduced by the last Labour Government, and it is time for us to have a close and proper look at the consequences of their introduction. For instance, we have seen a sharp increase, of 64%, in the use of SGOs for children under the age of one, which is not what was originally intended or envisaged when the legislation was introduced. We have also seen, through the court judgments of Re B and Re B-S, SGOs often now being regarded as a default option when considering a child’s long-term future. We also have a disparity in respect of the level of assessment that there is of the potential placement for a child in a special guardianship placement, as opposed to adoption. This review is up and running, and is currently out for consultation. The hon. Member for Birmingham, Northfield may wish to know that he has until this Friday to make any comments to that consultation. We will be working carefully with the expert group that we have set up to make sure that, whether in relation to the decision around an SGO or the subsequent support, we make improvements from where we first started.

Richard Burden Portrait Richard Burden
- Hansard - - - Excerpts

Will the Minister ensure that he discusses this matter with his colleagues in the Department for Work and Pensions, particularly in respect of child maintenance? He will know that the case I raised with him involved two grandparents who ended up getting an SGO but then split up. The grandparent who left ended up with no maintenance responsibility for the child, which he would have had if this had been an adoption. There are arguments on both sides there, but this needs to be sorted out, because the reality in that case is that one grandparent is left with a child with very few means of support. That is clearly something that needs to be sorted out.

Edward Timpson Portrait Edward Timpson
- Hansard - - - Excerpts

We are engaging Government Departments right across Whitehall to ensure that the implications of SGOs are being properly considered. In the scenario that has just been set out, we will need to consider whether we understand fully the consequences of these types of orders being made, and I will ensure that that is communicated to the relevant Minister in the Department for Work and Pensions and that it is looked at by officials in both Departments as part of the review.

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Bill Esterson Portrait Bill Esterson
- Hansard - - - Excerpts

Will the Minister give way?

Edward Timpson Portrait Edward Timpson
- Hansard - - - Excerpts

Very briefly, because I wish to move on to the main thrust of my response.

Bill Esterson Portrait Bill Esterson
- Hansard - - - Excerpts

I am grateful to the Minister for giving way. One of the issues that I have raised is the evidence of the prevalence of foetal alcohol spectrum disorders and the very high numbers of looked-after children and adopted children who appear to have that condition. Will he ensure that awareness and support for those caring for those children is part of what he has been talking about?

Edward Timpson Portrait Edward Timpson
- Hansard - - - Excerpts

An essential element of all of this work is that anyone who takes on a child who has had trauma in their early life understands what it is. I am talking about not just its presentation but its causes. As part of that, we need to look at foetal alcohol syndrome, and I commend the hon. Gentleman for the work that he and his new all-party group are doing to raise awareness of that issue. I am happy to engage with him on that matter as I indicated in Committee.

As I set out in Committee, the current adoption system is highly fragmented, with around 180 agencies recruiting and matching adopters for only 5,000 children per year. We do not believe that such a localised system can give the best service for some of our most vulnerable children. As well as being inefficient in scale, it also too often leads to ineffective practice across the system. The introduction of regional adoption agencies will help to address those issues in several ways.

The first way is through matching. It still takes an average of eight months between placement order and match. We know that delays are often caused by an unwillingness to seek a family outside a local authority’s own group of approved adopters. That is simply not good enough. No child should suffer the lasting harm that we know delays cause because the local authority refuses to look elsewhere for a match. That is why we are making £30 million available to pay the inter-agency fee over 12 months for particular groups of children. That will help to ensure that they are matched quickly in the short term while regional adoption agencies improve things in the long term. Successful matching relies on being able to access a wide range of potential adopters from the very beginning, and regionalising adoption would give adoption workers that choice.

The second way is through recruitment. Although we have adopters approved and waiting to be matched, we have too few who are willing and able to adopt harder to place children, which means certain groups of children wait significantly longer than others to find adoptive families. For example, as at 31 March 2014, disabled children were waiting 7.6 months longer than the average child. The current system is not serving those children well enough, and we cannot just accept that as it is. Regional adoption agencies would be able to take account of the needs of a larger number of children when planning a regional recruitment strategy. Recruitment could therefore be better targeted, leading to the right adopters being approved and fewer children having to wait.

The third way is through adoption support. In too many cases the specialist support that many adopted children so desperately need, including mental health services, has simply not been available. In many areas, the number of adopted children is so small that local authorities are unable to ensure that the right provision is available. Regional adoption agencies will assess more children’s needs and give them a greater understanding of what should be commissioned. Commissioning at a regional scale will allow providers to expand their services, provide better value for money for the taxpayer and help ensure that all adoptive families receive a consistently high quality of assessment and provision. That will build on the adoption support fund that we have set up, which is now running, to the tune of £19.3 million. It is vital that adopted children receive the therapeutic and mental health services they need, which is why we have made that significant investment. Since May it has helped more than 1,400 families and spent £5 million, and all but 10 local authorities have already made a bid to the fund, which demonstrates how essential it is for those children.

I would like to set out what work has already been done to help achieve that regional approach. We want to support and work with local authorities and voluntary adoption agencies to help deliver regional adoption agencies. That is why we are providing £4.5 million of funding this year to support early adopters to accelerate their development and early implementation. I am pleased to tell the House that we have already received 30 expressions of interest for that support, covering every region of the country.

I would also like to assure hon. Members that through this process we are carefully considering the impact that moving to regional adoption agencies will have on voluntary adoption agencies, other models of care and the provision of support, which the hon. Member for Birmingham, Selly Oak rightly raised in his contribution. It is worth noting that voluntary adoption agencies are formally or informally involved with consortia across all regions already. We have been very clear that proposals need to look at how links with other children’s services can be maintained and how support functions will be carried out.

We have also been clear that voluntary adoption agencies have an important role to play. In our paper “Regionalising Adoption” we set out that we are particularly keen to consider models that bring together the best of the voluntary and statutory sectors. Proposals for regional adoption agencies that include voluntary adoption agencies will be looked on favourably, even for those that do not see partnership with local authorities as an option for them. The service they provide in recruiting adopters, particularly for some of the most vulnerable and complex children, will still be much needed by the new regional adoption agencies. That is built on our knowledge of the enormous expertise, service quality and excellent outcomes that voluntary adoption agencies have a record of delivering, as well as our desire and determination to ensure that the move to regional adoption agencies does not adversely impact on them. We will continue to monitor that closely as regional adoption agencies take shape.

Our intention is that, as far as possible, the sector will move to regional adoption agencies by itself. As I said in Committee, this power is simply a backstop measure for those agencies that do not rise to the challenge, as well as allowing the Secretary of State to direct local authorities to have a particular function carried out on their behalf by a voluntary adoption agency if an individual council or regional adoption agency is not doing so effectively.

We are confident that the majority of local authorities will seize this opportunity to deliver their services in new and exciting ways. I am pleased to see how the sector has already responded to the move to regional adoption agencies. The Association of Directors of Children’s Services sees this as a sensible development and Carol Homden, chief executive of Coram, stated in her oral evidence that the Bill will help children regarded as harder to place. The move to regional adoption agencies involves real potential to improve the life chances of some of our most vulnerable children, and I believe the majority of those working in adoption will make this a reality.

As I set out earlier, we have already had 30 expressions of interest for the support available this year. It is hugely encouraging that these bids cover all regions and the majority of them involve a voluntary adoption agency. Each expression of interest is currently being fully assessed and funding decisions will be made by the end of the month. It is also important to note that prior to this programme, we had already seen the emergence of some new delivery models for adoption and some growth of consortia and regional collaboration. For example, Wokingham Borough Council, Bracknell Forest Council, West Berkshire Council and the Royal Borough of Windsor and Maidenhead have launched a combined adoption service, known as Adopt Berkshire.

This is a move that is already seen as beneficial and we will build on this impressive momentum. Therefore, as noted by Sir Martin Narey in his oral evidence, we expect to use this power rarely, if at all. I can reassure the hon. Member for Birmingham, Selly Oak that if the power is required, the decision to use it will be made following extensive and detailed discussions with the agencies involved. These discussions will cover a range of areas, including the role of voluntary adoption agencies, the provision of support and the link with other care options. In addition, I listened carefully to the suggestions made by the hon. Gentleman in Committee, and before making any final decision we will write to any relevant local authority seeking its views and requesting supporting evidence. I can therefore reassure the House that all those involved will have a chance to comment on the proposal before a final decision is taken.

There is no requirement for the Secretary of State to lay an annual report before Parliament about directions issued to local authorities when the direction, as here, is to arrange for another body to exercise a wide range of functions on behalf of the local authority. As such, a more proportionate approach than laying an annual report before Parliament is to discuss directly the use of the power and its impact with those charged with delivering adoption services. We will work with both individual agencies and through the Adoption Leadership Board and regional adoption boards to ensure the effectiveness of this joined-up approach. As a consequence, I hope the hon. Member for Birmingham, Selly Oak will withdraw the amendment.

This has been a good and helpful debate which has drawn out some of the issues that surround adoption, not just what is in the Bill. I will endeavour, of course, to continue to work hard for all children in care, whatever their route to adult life happens to be. This is an important step in making sure that adoption and the adoption services function better, more quickly and in the best interests of every child for whom it is the right future.

Steve McCabe Portrait Steve McCabe
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I am sure we will return to many of these issues in the days and months ahead. For the time being, as a sign of my good faith, I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Third Reading

Baroness Morgan of Cotes Portrait The Secretary of State for Education (Nicky Morgan)
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I beg to move, That the Bill be now read the Third time.

First, let me welcome the new shadow Secretary of State, the hon. Member for Manchester Central (Lucy Powell), to her position. I hope she has now had that face-to-face conversation with the leader of her party about her party’s policies. I was intrigued to discover on reading her biography that she and I share the same birthday. I was less happy to discover that she is two years younger than me. All I can say to her about those two years is that I hope she accrues grey hairs at a slower rate than I have done.

I pay tribute to the hon. Lady’s predecessor, the hon. Member for Stoke-on-Trent Central (Tristram Hunt), who is in his place. It might be fair to say that he and I did not always see eye to eye on everything, not least because he is several inches taller than me. It is also fair to say, however, that we shared a belief in the life-transforming power of a great education and a desire to give every child the best start in life. While he will be a loss to the Opposition Front Bench, he is, as we have already heard today, not one to shy away from offering his opinions on education in the months and years ahead. [Interruption.] I warn shadow Front Benchers that he has just promised to do so on a range of issues, so I shall leave it to them to debate what that might mean.

Nothing better demonstrates this Government’s commitment to delivering real social justice than our approach to education. This Bill has one central principle at its heart: that every child deserves an excellent education; an education that opens their minds and allows them to unlock every ounce of their potential. The Bill makes it clear that we are not only intolerant of failure where it occurs but will not settle for mediocrity either. It is the next step of our ambitious reform programme, started under Andrew Adonis and new Labour, who recognised that the most effective method of transforming failing schools is to put in place strong leadership and to give those leaders the freedom to turn a school around. That programme was turbo-charged in the last Parliament, based on the knowledge that heads and teachers—I should include governors too—know best how to run their schools, not bureaucrats wedded to a one-size-fits-all approach. As a result, 5,000 schools are now benefiting from the freedom to tailor the education they provide to the young people they serve.

These reforms, along with the significant changes that we have made to raise standards, restore rigour to the curriculum and improve the quality of teaching—all issues that have been debated during the passage of the Bill in this Chamber and in Committee—are delivering strong results. The number of young people leaving primary school unable to read, write and add up properly has fallen from one in three under the previous Labour Government to one in five today. The gap between disadvantaged pupils and their peers is closing. The percentage of 16 to18-year-olds not in education, employment or training has fallen to 7.3%—the lowest figure since records began. A million more pupils are in schools rated good or outstanding by Ofsted, and that is a million more pupils getting a better start in life. But none of this should give us cause to stand still. Our work will not be complete until every school in every part of the country is providing its pupils with an excellent education. This is the vision that lies at the heart of this Government’s one nation agenda.

That is in stark contrast to what we now hear from the Opposition Benches, where we see a Labour party that has turned its back on the cause of education reform and instead wants to return to the failed approaches of the past. Rather than trusting teachers and heads, the new old Labour party would seize power back for bureaucrats and politicians, denying parents choice, condemning schools to languish in failure, and trampling on the life chances of our most disadvantaged young people. It seems that whereas innovation, creativity and progress were the watchwords of the Adonis reforms, in today’s Labour party they are taboo. I sincerely hope that Labour Members will prove me wrong by joining us in the Lobby in support of this Bill, but I do not hold my breath.

As the Labour party has turned its back on the aspirations of parents and children, we will be their champion, ensuring that every family has the security that a good education brings, and that is exactly what the Bill will do by delivering on our manifesto commitment to turn every failing school into an academy. As we have heard, the measures will ensure that failing schools receive the support and challenge they need to improve from day one. It will remove the bureaucratic legal hurdles so often exploited by those with ideological objections to school freedoms, which have meant that pupils typically have to spend over a year in a failing school before academy conversion takes place.

This is not about waving a magic wand to change the name and structure of a school and assuming that improvement will inevitably follow. Instead, it is about recognising strong leaders who, with the support of expert sponsors, are best placed to bring about the changes their schools need.

The Bill goes further than simply addressing failure; it tackles inadequate progress too, making it plain that simply treading water is not an option and that just good enough is not enough for anyone’s child. The Bill introduces new measures that will allow us to target coasting schools—schools that are achieving results that clear the floor but that are not enabling every child to make the progress of which they are capable, and schools that are failing to stretch the most able or to adequately support those who are struggling.

Coasting schools will be put on immediate notice to produce an action plan for improvement, with local regional schools commissioners deciding what support is needed to turn those schools around. Let me be clear that, as the Minister for Schools said earlier, not all coasting schools will be required to become academies. Some might have the capacity to improve on their own, and for others the short-term support of a national leader of education might be required, but we think it is absolutely right that when a school is not consistently ensuring children reach their potential—whether it is in the inner city, a coastal town or a leafy suburb—we should have the power to intervene.

The Bill is also concerned with improving the adoption system so that some of our most vulnerable children find loving homes as quickly as possible. The current adoption system is highly fragmented with about 180 agencies recruiting and matching adopters for only 5,000 children a year. Such a localised system does not give the best service for those children. It currently takes an average of eight months between placement order and match and that is too long for any child to wait. The adoption measures in the Bill will help speed that up by supporting the introduction of regional adoption agencies. We are committed to supporting the sector to deliver regional adoption agencies voluntarily in the first instance. That is why we are providing £4.5 million of support this year for councils that lead the way in regional adoption agencies.

Before I conclude, let me thank all Members on both sides of the House who served on the Public Bill Committee and all those who provided oral and written evidence. It is also only right and proper for me to pay tribute to the Minister for Schools and the Minister for Children and Families for skilfully steering the Bill through this House. I also thank my Parliamentary Private Secretary, my hon. Friend the Member for Worcester (Mr Walker), and the Committee’s Whip, my hon. Friend the Member for Stourbridge (Margot James), as well as officials in the Department and here in the House for their support.

The education that young people receive will determine the course of the rest of their life. It has the power to be a great life transformer, to unlock hidden gifts and to develop unique talents. Getting that right is fundamental because for most young people this is the one chance they will get. Everything in the Bill has been written with that simple truth in mind. It is about tackling failure, being intolerant of mediocrity, and speeding up the transition to a loving home. Simply put, it is about giving every child the best start in life. I ask hon. Members to support it tonight.

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18:31

Division 73

Ayes: 300


Conservative: 297
Democratic Unionist Party: 2

Noes: 200


Labour: 192
Liberal Democrat: 5
Green Party: 1
Plaid Cymru: 1

Bill read the Third time and passed.