Schools: Performance

Debate between Baroness Sharp of Guildford and Lord Hill of Oareford

Tuesday 4th December 2012 Lords Chamber

[Lord Hill of Oareford]

My noble friend is right to highlight some of the variations that the Ofsted report illustrates. We should all look at that. The conclusions he draws are the same that the chief inspector draws: that it is possible for outstanding schools in areas of deprivation to perform extremely well for their children. So far as the second point is concerned, if we can find an agreed way forward for a sponsored solution with local authorities in the cases of under-performance, that is the route we would prefer to go down. However, I can reassure him that in cases where that is not possible, we will use our powers of intervention.

[Baroness Sharp of Guildford]

Does the Minister not agree that the variations in school performance reflect the quality of school leadership, as much as anything else? Does he think that the Government are doing enough to encourage talented young teachers to go forward as school leaders at the moment?

[Lord Hill of Oareford]

I agree with my noble friend about the importance of school leadership, obviously. It is always the case that it is people who make the greatest difference. I would contend that the academy freedoms provide more space for those great leaders to exercise their professional judgment. So far as her important point about the provision of new leaders is concerned, I agree with her. We have extended the national leaders of education programme and the Teach First programme. We are extending the number of teaching schools. These are all important initiatives that should lead to an increase in the number of excellent school leaders to whom she rightly refers.

Education: English Baccalaureate

Debate between Baroness Sharp of Guildford and Lord Hill of Oareford

Monday 22nd October 2012 Lords Chamber

[Baroness Sharp of Guildford]

Will the Minister clarify that the EBacc will consist of seven subjects and will require a GCSE pass of grade A to C? What proportion of young people in the relevant age cohort do the Government think will pass linear exams at GCSE grade A to C in seven subjects?

[Lord Hill of Oareford]

My Lords, the EBC will consist of six subjects. It is our view that with the good teaching and support that I know is in our system, children currently studying GCSEs should be able to take on and tackle the EBC. We do not know the precise proportions and percentages because decisions will be taken by Ofqual on where the grade boundaries and so on will be set. As a general principle, it is our view that children who take GCSEs should be able to take the EBC.

Schools: Primary School Places

Debate between Baroness Sharp of Guildford and Lord Hill of Oareford

Monday 16th July 2012 Lords Chamber

[Lord Hill of Oareford]

My Lords, I know the case to which the noble Baroness refers. With regard to new primary provision, in many cases where there is new free school provision coming in, there is a basic need. In the specific case to which she refers, it is also the case that we are trying to increase the supply of excellent places and the academy that is seeking to open a primary has done a brilliant job in turning around a school that was previously failing. It became a sponsored academy under the previous Government. If it can extend that to primary school children, I think that it will be doing a good job.

[Baroness Sharp of Guildford]

What proportion of children in primary schools, given the pressure on places, is likely to be in classes of more than 30 in the next few years?

[Lord Hill of Oareford]

I am not able to give my noble friend precise figures, partly because we are working with local authorities to get a better understanding of the particular pressures at a very local level. I am advised that the number of classes of more than 30 has been falling, but we will need to keep an eye on that and the legislation dealing with it remains in place.

Schools: Careers Advisers

Debate between Baroness Sharp of Guildford and Lord Hill of Oareford

Tuesday 22nd May 2012 Lords Chamber

[Lord Hill of Oareford]

My Lords, we had these debates at length during the passage of the Education Act. As the noble Baroness will know, it is the Government’s view, and our starting point—and it is what we are trying to do across the piece—to trust schools and heads and people running schools to make the best judgments in the interests of their children. That is something that we are seeking to do across the board. It is not the case that the guidance does not provide any framework at all in terms of what schools should take into account. It is clear, for instance, that they should secure access to independent face-to-face careers advice when they judge that it is appropriate, particularly for children who are disadvantaged and with special educational needs. I agree with her about the importance of careers guidance and advice, and there are a range of ways in which we are seeking to do that and to increase employer involvement in schools, whether through studio schools and UTCs or through getting 100,000 employers to come into schools to explain how children can prepare themselves for the world of work.

[Baroness Sharp of Guildford]

My Lords, I believe that there has been some discussion of examples of best practice in careers guidance being published to supplement the guidance that has already been issued. Is that likely to be the case? Such best guidance would, I believe, bring out the necessity of face-to-face guidance when it is appropriate.

[Lord Hill of Oareford]

My Lords, it is the case in terms of producing statutory guidance. The department’s view, which I think is the right view, is that statutory guidance should always as short, focused and clear as possible. But it is the case, as my noble friend mentions, that there could be benefits in having some practical information and additional support to schools to help them to understand what their duties are. It is the case that my honourable friend John Hayes, who is the responsible Minister, would be very happy to have that discussion with my noble friend Lady Sharp and to see how that practical information could best be provided.

Education: Languages

Debate between Baroness Sharp of Guildford and Lord Hill of Oareford

Wednesday 28th March 2012 Lords Chamber

[Lord Hill of Oareford]

It is still the case that, for its size, the independent sector provides a disproportionate number of young people who go on to study modern languages. That is something that in broader terms one would want to do something about, to increase the uptake in the maintained sector. That is why these figures are encouraging. I am aware that concerns have been expressed over controlled assessment, grading and rigour at GCSE and A-level. Those are issues that Ofqual is leading on and looking at. I agree with the noble Lord that it is something we very much need to keep an eye on.

[Baroness Sharp of Guildford]

My Lords, when this House rather reluctantly agreed to the dropping of the modern foreign language commitment from the national curriculum in 2003, it was because the Minister at the time, the noble Baroness, Lady Ashton, agreed that a systematic programme of teaching languages to primary school pupils would be put in place. Will the Minister tell us what happened to this commitment to primary school pupils and how far are they systematically being taught languages?

[Lord Hill of Oareford]

Part of the answer to that will become clear in our response to the expert panel, which makes recommendations about whether teaching modern foreign languages should be statutory at primary school as well. That will become clear in due course. The last time research was carried out into the teaching of modern foreign languages at primary school, more than 90 per cent of primary schools were doing it. We have a challenge in getting specialist teachers of modern foreign languages into primary schools, and that is something we are seeking to address in looking at teacher training and teacher supply.

Education Bill

Debate between Baroness Sharp of Guildford and Lord Hill of Oareford

Tuesday 1st November 2011 Lords Chamber

[Baroness Sharp of Guildford]

My Lords, I have two amendments in this grouping, Amendments 83 and 84. They do indeed pick up the issue that we spoke about in Committee, which is the duty on the part of colleges to promote the well-being of the local area.

I thank the Minister for bringing forward this raft of amendments. As he knows, I am chairing a commission on behalf of NIACE, the AoC and the 157 Group, which is looking into the role of colleges in their communities. The issue of the reclassification by ONS cropped up in our deliberations on this commission. Our intention is to promote the role of colleges. As the noble Baroness says, we have used the term “dynamic nucleus within their communities”—they should be proactive in developing partnerships and in promoting well-being and community cohesion within their communities. Since that is the case, we are very anxious that they should not be inhibited from this by a statistical classification, and therefore we have been backing the moves made by the department here. I put down some rather naive amendments in Committee in order to pave the way for this, and I am delighted that we have—I hope—managed to come forward with a way that prevents this reclassification.

In relation to my own amendments, I have spoken at some length both with the AoC and with the department about this issue. As I have suggested, the report, which is going to be presented at the AoC conference later this month, will in fact suggest a wider role for colleges within the community, and I think there is a fair amount of good will towards the promotion of this role. In the light of that, I have decided that it would not be appropriate at this time to press my amendments. There is good will on all parts, and the assumption is that colleges will be promoting the well-being of their local area as part of what they will be doing. There is no question of that, but it does not necessarily need to be in the Bill, so, as I say, I shall not press my amendments today.

[Lord Hill of Oareford]

My Lords, I thank my noble friend Lady Sharp for raising the issue of promoting well-being, and take the opportunity to thank her formally for the work she is doing at the helm of the Government’s commission on the role of colleges in their communities. As she has just said, colleges contribute significantly to the social and economic well-being of their local areas, not only through the education, skills and employment that they provide but through their partnerships and relationships with other bodies in their local areas. I am grateful to her, and look forward to the report that she was talking about, which she is launching at the Association of Colleges conference later in the month.

I am grateful to the noble Baroness, Lady Jones of Whitchurch, for her remarks. On her specific question about remuneration, I understand that colleges need to apply, as now, for exceptional approval for the remuneration of governors for their services as members of the governing body. The change is that they would be treated in line with other charities, and would have to apply to the Charity Commission rather than to the Secretary of State. There is no general power in charity law for trustee boards to make remuneration payments, so permission would be granted only in exceptional circumstances, as the commission has a general expectation that charity assets should be used directly for the purposes of the charity.

The amendments that the Government have tabled, as I think has been recognised, have been made within the context of a changed landscape, in which government and the sector are working together. It has been the policy of successive Governments since the inception of FE corporations in 1992 that colleges should not have the financial and control requirements associated with public sector classification. Our amendments seek to strike the right balance between securing that classification while safeguarding students and public investment in the sector. With the assurance that I have given the noble Baroness, Lady Jones of Whitchurch, I hope noble Lords generally will feel that we have struck such a sensible balance.

Education Bill

Debate between Baroness Sharp of Guildford and Lord Hill of Oareford

Monday 24th October 2011 Lords Chamber

[Lord Hill of Oareford]

My Lords, I am grateful to my noble friends Lord Lingfield and Lady Sharp of Guildford, and the noble Lord, Lord Sutherland of Houndwood, for their broad welcome for the measures, and the recognition that this responds to a need.

On the speed of the consultation, referred to by my noble friend Lady Sharp and the noble Baroness, Lady Hughes of Stretford, we responded to the points that were raised in Grand Committee. A legislative opportunity presented itself with this Education Bill and we had before us the failures of this summer. I know that the previous Government consulted. Our case would be that, with the legislative opportunity there and the evidence of the failures that we had this summer, which the previous Government had not had, it was sensible to act while the opportunity presented itself, but I take my noble friend’s point about the importance of consultation. Ofqual will consult on the detailed implementation of its powers, which will be a full 12-week consultation.

In response to the question asked by the noble Baroness, Lady Hughes, Ofqual will publish a statement as part of its qualifications regulatory framework, which will set out how and in what circumstances its powers will be used. That will make clear Ofqual’s expectations that only serious or persistent breaches could lead to a fine.

On the question of appeals, there will be an appeal to the independent First-tier Tribunal, in line with other regulators. I know that concerns were raised about fines being passed on to schools, effectively. Ofqual will have powers to cap those fees if it thinks that it is necessary to do so. I understand the point that obviously some of the big awarding bodies are charities, but some of them are charities with very large tens of millions or hundreds of millions of pounds of turnover. Our basic point is that a pupil or student on the wrong end of a duff examination paper is not too bothered whether that paper has been set by a charity or a commercial organisation. That is why we think that it is appropriate to give this extra power. The noble Baroness, Lady Hughes, is right that there are two powers but we feel that in essence they are not sufficiently nuanced. Giving this additional power we hope will lead not to large amounts of fining but to better and more accurate examination papers.

[Baroness Sharp of Guildford]

I thank the Minister for that explanation. I am reassured that there will be extensive consultation with the boards concerned on the implementation of these things. I just want to reiterate my general feeling that it is important for consultation to take place before rather than after legislation as a general principle. With that, I beg leave to withdraw the amendment.

Education Bill

Debate between Baroness Sharp of Guildford and Lord Hill of Oareford

Tuesday 18th October 2011 Lords Chamber

[Baroness Sharp of Guildford]

My Lords, I agree with the noble Lord, Lord Puttnam. I find it very difficult to support this part of the Bill at all because for many years we have struggled to establish a proper professional organisation for teachers. I find it quite extraordinary that we are now destroying it. It gives teachers a sense of profession and of belonging to that profession. It is quite out of kilter with what is happening in the further education profession where those who get QTLS are being required to register with the IFL. I cannot support the Government on this issue.

[The Parliamentary Under-Secretary of State for Schools (Lord Hill of Oareford)]

My Lords, as always, I listened to the arguments made by the noble Lord, Lord Puttnam, with a great deal of care. I thought that with his customary honesty he made the point clearly about some of the shortcomings of the GTC which are linked directly to the decision that the Government took to bring about its abolition. The point he raised powerfully about the disinclination of the profession to pay for its membership and the fact that it is largely taxpayer-funded is important and one on which we should all reflect. I would not disagree with a word that he or my noble friend Lady Sharp said about professionalism and the need to have a profession and raising the status, esteem and standing of teachers as professionals.

Earlier today, we spoke about the importance of trust. Before I talk about the specific amendments, where we disagree on the fundamental principle is on whether the GTC as constituted is an embodiment of professional status. We contend that it is not, although I agree with the noble Lord that it is perfectly possible, indeed likely, that in future years something will well up that captures and speaks for the professionalism that he advocates and that I know he feels strongly about, but it probably will not be the GTCE.

When we discussed this in Committee, I set out some of the things that the Government are trying to do to raise the status of the profession and the quality of entrants to it and to help existing teachers to develop and improve. As we discussed on the last group, one of the overall themes that we are trying to develop is to give teachers and head teachers greater responsibility for improving teacher quality. I think that is a very good symbol of greater professionalism. I am as keen as other noble Lords to support schools and head teachers to recruit high-quality teachers and to ensure that they are able to access the information that they need to do so. At present, the GTC has a register that contains detailed information from every teacher and employer in the country. This ranges from personal data and qualifications through to information on the types of posts held in previous employments. Schools and teachers are required to update this information at least three times a year. I am told that that costs around £500,000 a year, and that is before one counts the cost of the time spent on it in schools. I do not believe that maintaining that amount of information at a national level is desirable or necessary.

However, we have been persuaded by concerns raised in this House and elsewhere that there is a genuine need for the Government to help schools to know who has qualified teacher status and who has passed induction. The profession proposed an alternative to the GTCE register that I think achieves this objective, and the two leading head teacher unions wrote to the Secretary of State to express their strong belief in the need for an online database of all qualified teachers that is accessible by schools to replace the GTCE register.

We talked about this in Grand Committee but I can confirm that, having considered this, the Secretary of State has agreed that the teaching agency will establish and maintain a database that will record which teachers have attained qualified teacher status and which have passed their statutory induction period. That database will be available online to all employers from April 2012 and will be in addition to the prohibited list database, which will also be available to employers online. Together, the QTS database and the prohibited list will give employers an important resource in assessing qualifications as well as establishing who should not be employed as a teacher.

Education Bill

Debate between Baroness Sharp of Guildford and Lord Hill of Oareford

Monday 12th September 2011 Grand Committee

[Baroness Sharp of Guildford]

My Lords, I, too, want to speak to Amendments 122A and 122B. Clause 43 gives the Secretary of State powers to intervene and close schools that are in special measures. That widens the powers of intervention to schools causing concern. Subsection (3) strengthens the Secretary of State’s powers so that where a local authority, having been directed to consider set performance standards and to issue a safety warning notice, has decided not to do so, the Secretary of State may direct the local authority to give such a warning notice. If such a warning notice is issued to a school and it fails to comply, it immediately makes itself eligible for intervention. As the noble Baroness explained, that may well mean that it is closed and an academy is opened in its place. Under the Education and Inspections Act 2006, the warning notice gives the school the right to ask the chief inspector whether the warning notice is justified and the chief inspector may confirm it or otherwise.

Our problem with the subsection is the degree to which it removes all discretion from local authorities. The problem is that a local authority is asked to consider whether to give a warning notice and to set performance standards. If, having looked at the school, it decides that other measures might be more appropriate and it therefore does not issue a warning notice or the appropriate performance standard, the Secretary of State may now just peremptorily intervene. At a time when the Government are anxious to try to devolve responsibilities—the Localism Bill is going through the main Chamber today—it is against the whole spirit of localism that the Secretary of State should be given these somewhat draconian powers.

Amendment 122B is to some extent a probing amendment. It suggests that we want to know, if academies fail in the same way as some schools fail, whether they have to obey the same rules as maintained schools have to. Is it appropriate that there should be intervention in exactly the same way and that they might be closed down? If they are closed down, the obvious solution would be for the local authority to have the power to step in and open a maintained school in its place—a sort of quid pro quo for the shutting down of a maintained school and the opening of an academy. Here we would have the equal and opposite effect. We would like to know a little more about what happens if an academy fails.

[Lord Hill of Oareford]

My Lords, none of us wants to see underperforming schools letting down pupils year after year. To answer the question put by the noble Baroness, Lady Hughes of Stretford, it is to tackle that entrenched underperformance in certain areas that we are keen to take these measures, which are similar to measures that the previous Government intended to take. We know that out of the 200 worst performing primary schools in the country, over half have been below the floor standard for over 10 years, and 112 of the 200 worst performing primaries are in local authorities that have never issued a warning notice. I know that the previous Government were keen to tackle underperformance, and so are we.

Our starting point would certainly be that underperformance should ideally be addressed by locally developed and agreed solutions, and we are seeing more and more examples of local authorities working with the Government and schools to come up with agreed sponsored-academy solutions. Where there is consistent underperformance, however, and the school and local authority seem unable or unwilling to tackle it, we think that the Secretary of State needs to be able to intervene. This is an urgent and important issue so we intend, subject to the passage of the Bill, to commence the provision on Royal Assent.

The Secretary of State already has a range of intervention powers. Where schools are eligible for intervention—because they have failed to comply with a warning notice or have been judged to require special measures or to require significant improvement by Ofsted—the Secretary of State can appoint additional governors, impose an interim executive board or make an academy order. The Secretary of State can also require the closure of a school in special measures and direct a local authority to consider issuing a warning notice. It is these two powers that the previous Government’s Children, Schools and Families Act sought to extend, and which Clause 43 of this Bill also seeks to extend.

We believe that there is an inconsistency in the current law that means that one intervention option, directing closure, is available only for schools in the Ofsted category of special measures. Where the Secretary of State needs to intervene, he should be able to choose a form of intervention that is most appropriate for the circumstances. If he chooses to direct closure, he has a duty to consult, including with the local authority and the school, and he will have to take account of the views expressed in reaching a fair and reasonable decision.

Warning notices are a well established legal tool for addressing underperformance. They can help schools to recognise and address their problems or, if the school is not capable of addressing the action, they can enable further intervention by either the local authority or the Secretary of State. However, it is the case that local authorities use their power to issue warning notices inconsistently. Two-thirds of them have never issued a warning notice at all. That is why the Secretary of State needs to be able to direct the local authority to issue a warning notice: so that they can be used where they are necessary, as opposed to being dependent on the practice of the local authority. However, we accept that there need to be checks and balances. Therefore, we have included a provision giving the governing body a right to appeal to Ofsted against a direction to issue a warning notice. It would remain the case that the Secretary of State would first have to direct a local authority to consider giving a warning notice. It is only if the local authority decided not to do so that the Secretary of State, having considered the reasons given by the local authority, could then direct it to issue a warning notice, subject to that check of the appeal to Ofsted.

--- Later in debate ---

[Lord Hill of Oareford]

I am grateful to my noble friend Lady Sharp for moving this amendment and for the work that she is doing on leading her commission. She brings a lot of experience to this debate. Central to our reform of the education and skills system, as the Committee know, is our belief that we should trust professionals. That is just as true for colleges as it is for schools. We all know the excellent work done by colleges as independent institutions, and my noble friend gave a number of excellent examples of colleges being dynamic nuclei, as I think the plural is, and being entrepreneurial. We know that last year’s Ofsted annual report showed that sixth-form colleges are the highest performing sector in providing further education, so we want them and FE to have greater freedom to build on their track record and raise achievement still further.

As well as some non-legislative changes that we are making, such as simplifying the 16-to-19 funding system, the Bill aims to remove the kind of unnecessary regulation that we believe holds colleges back from deciding how to manage their own affairs. That includes things like removing the power to direct a college to consider disciplinary action against a member of staff, reducing the restrictions on sixth-form colleges’ ability to form or invest in a company or removing the duty on colleges in England to have regard to guidance on consultation with students and employers.

In response to the concerns raised by the noble Baroness, Lady Jones of Whitchurch, regarding the capability of FE to manage borrowing and investments, I think that in some ways her questions highlighted a difference between us. Our starting point is that colleges are responsible, high-performing institutions, and we do not think that there is a reason to believe that they will borrow more money just because they no longer need to consult the relevant funding body. We expect them to take steps to ensure that their borrowings are proportionate to their business, as well as affordable. The financial health of a college should be the responsibility of its governing body. However, there are safeguards of the sort that the noble Baroness was seeking. Both the Financial Memorandum and the Financial Planning Handbook set out the mechanisms to ensure the continuing viability of their institutions, the conditions of borrowing, and the controls and monitoring arrangements in place to protect public money and the interests of students.

As my noble friend Lady Sharp argued, colleges make an extremely important contribution to the social and economic needs of their local communities. They do it in many of the ways that she outlined, and they also do it through the education they provide, the skills with which they equip young people, the jobs they create and through their links with local businesses, for example. Therefore, I think that the question is: given that they are doing this, do they need to have a legal duty to do so? The provision to remove the duty has been welcomed by the sector, including the Association of Colleges and the Sixth Form Colleges’ Forum, and we think that it is recognition of the trust that we have placed on the ability of institutions to take well-informed, rational decisions without the need for there to be too much direction from government.

The other amendments in the name of my noble friend Lady Sharp raise the question of freedoms that FE colleges have. The intention behind her amendments is to remove the Secretary of State’s powers to modify a further education corporation’s instrument and articles of government and to place a condition on the Secretary of State to secure the consent of the corporation’s governing body before making an order to dissolve the corporation. My noble friend mentioned two phrases to which I always respond in a Pavlovian way. She referred to Treasury rules and wanting to encourage FE colleges to be enterprising. I am sympathetic to the intention behind these amendments as the Government are committed to trying to reduce the level of external control. Her amendments raise an important issue. It is one that I am very happy to take away and consider further before Report. Perhaps we could discuss that further.

So regards the Government’s amendments, the noble Baroness, Lady Jones of Whitchurch, was kind enough to make the point that in effect we are trying to do what the previous Government attempted, but did not have the opportunity, to do. The aim of the amendments is to reinstate the statutory safeguards relating to voluntary sixth-form colleges. I provided information in the letter that I sent to noble Lords on 13 July. As the noble Baroness said, it was the Government’s view that legislation should reflect the distinct constitutional position of voluntary sixth-form colleges, and they confirmed that they would look to reinstate those protections through legislation. We agree with that view and, through these amendments, we seek to reinstate the statutory position. This includes ensuring consultation with all persons who may appoint or nominate foundation governors before the Secretary of State exercises his intervention powers. It will include consultation with the bishop where the bishop appoints or nominates foundation governors. To answer the noble Baroness’s question, I think that it reflects the concerns of the CES—a point about which she asked me.

So far as concerns the amendment that the noble Baroness, Lady Jones, moved on behalf of the noble Lord, Lord Knight, we are keen to place accountability for student performance and an institution’s own improvement firmly within that institution. Therefore, the Bill seeks to replace the current complex intervention arrangements, which involve both the YPLA and local authorities, with simpler arrangements where the Secretary of State has reserve powers of intervention. We are lucky to have a high performing college sector and we foresee these powers being used very rarely. These arrangements and the role of the Secretary of State have been welcomed by the Association of Colleges.

I hope that noble Lords will agree that the provisions contained in Schedule 12 and proposed in the government amendments are necessary to support the continued success of the college sector. They will ensure that providers are free to deliver high-quality education. They replace the current, complex arrangements for intervention in colleges with reserved powers and ensure that legislation recognises the specific governance and constitutional arrangements of voluntary sixth-form colleges.

As I said, I will pursue further the points made by my noble friend Lady Sharp. With that in mind, I ask her to withdraw her amendment.

[Baroness Sharp of Guildford]

I am extremely grateful to my noble friend for his sympathetic reply to the amendments. I am sorry that we have not had a little more movement on the amendment concerning well-being. Although in some senses, as my noble friend says, it is unnecessary, because a lot of colleges are doing it and I know that the Association of Colleges and the sixth-form college group welcome that, my point was that it helps to reinforce the issue. However, that is a background issue.

To pursue the other, rather esoteric issue, I know that the team in the Department for Business, Innovation and Skills is working hard on it, and I hope that we can get some changes to the Bill that will satisfy both the Treasury and the Office for National Statistics. With that, I beg leave to withdraw the amendment.

Schools: Funding Reform

Debate between Baroness Sharp of Guildford and Lord Hill of Oareford

Tuesday 19th July 2011 Lords Chamber

[Lord Hill of Oareford]

My Lords, I hope that noble Lords who have been subjected to me talking about academies would say that I have always been very quick to make clear the huge contribution that the previous Government made to academies. I have said from the beginning, although this might not always be an altogether welcome message for those on the Benches opposite, that I see my job as trying to build on what the previous Government did and what they intended to do in 2005. We are taking that forward; I am very clear about that. I am also very clear about Building Schools for the Future, having met a lot of the schools, children and heads who were involved with it. I absolutely share the previous Government’s intention to improve the building estate. I know what they were trying to do, and I understand why they did it, so I am sorry if the noble Baroness felt that the Statement was mean-spirited.

We did not mention funding for the UTCs in the Statement, but the noble Baroness will know that the Chancellor found some more money in the Budget to—I hope—double to 24 the number that we were aiming for in the lifetime of this Parliament. That is in place, and is not affected by anything that we have announced today. Given that these are new institutions, I guess that by definition the pot for dilapidation is not going to be relevant to them. As she will know from her conversations with FE colleges, there is a lot of support for them. We have had a large number of applications, which we are considering, and we will in due course make announcements on those which I will be very happy to share with her.

[Baroness Sharp of Guildford]

May I press the Minister a little further? Where does the pupil premium fit into these proposals? As I understand it, there will be an allowance for deprivation and so forth on top of the basic amount, and I assume that that is where the pupil premium will come in. However, given that the local schools forum will still play a part in allocating resources at a local level, how can schools be guaranteed that they will actually get the money that they need from the pupil premium?

[Lord Hill of Oareford]

That is an extremely good question. Our approach to the pupil premium has consistently been to put it on top of other funding that is made available so that people can see very clearly where it sits and will over time be able to calculate its effect as we build it up. Our intention is that it will continue to be identified separately and go to schools, which over time will report on and account for the purposes to which it is spent.

Education Bill

Debate between Baroness Sharp of Guildford and Lord Hill of Oareford

Wednesday 6th July 2011 Grand Committee

[Baroness Sharp of Guildford]

I, too, apologise for intervening at this point, but there is one issue on which I would be grateful to have a little bit of clarification. My noble friend the Minister talked about the substantial changes that are being made in teacher training provision. The biggest change is the switch from training teachers in ITT settings, within a higher education environment, to training teachers within schools. Am I right in thinking that there is no legislation—certainly there is nothing in the Bill—that covers that change? Does it require legislation?

[Lord Hill of Oareford]

I do not believe that legislation is required for that, but we will come on to that issue in a later group, where we have some specific amendments on the role of the HEIs.

Education: Academies Funding

Debate between Baroness Sharp of Guildford and Lord Hill of Oareford

Tuesday 21st June 2011 Lords Chamber

[Lord Hill of Oareford]

I am aware of the point to which the right reverend Prelate refers. As the circumstances have changed, they have clearly given rise to the issue that he mentions. Obviously we continue to keep those kinds of issues under review and to discuss them with individual sponsors.

[Baroness Sharp of Guildford]

My Lords, where is the £400 million that was announced last week as going to the academies programme to be spent?

[Lord Hill of Oareford]

Forgive me, my Lords, I am not sure about the £400 million to which my noble friend Lady Sharp refers. If I am being slow, perhaps my noble friend and I could have a word outside the Chamber and I will attempt to answer her question.

Education: Vocational Subjects

Debate between Baroness Sharp of Guildford and Lord Hill of Oareford

Thursday 12th May 2011 Lords Chamber

[Lord Hill of Oareford]

My noble friend raises a number of interesting points. One issue that the Government are going to look at concerning employers offering apprenticeships for 16 to 18 year-olds is where the funding goes and whether there should be, as I think Professor Wolf suggests, consideration of some kind of subsidy to employers. We certainly need to make sure that, in moving forward with these proposals, the role of employers in helping to construct good qualifications is fully allowed for. Ultimately, if we construct qualifications that employers do not want, we will not do anyone any service at all.

[Baroness Sharp of Guildford]

My Lords, perhaps I may thank the Minister for repeating the Statement and say how pleased I am that, among other things—although this is not mentioned in the Statement—the government response equates QTLS status in schools to QTS. There has long been a need for that if we are to get high-quality teaching in vocational subjects. Perhaps I may bring the Minister back to the EBacc and the two-tier system. He has emphasised the degree to which the Government see the EBacc as opening routes to higher education, yet surely one reason why we are anxious to see high-quality vocational education is in order to open up progression routes through different pathways. For example, the university technical colleges, which the noble Lord, Lord Baker, has been espousing and whose expansion we are all quite glad to see, are precisely the sort of route that we want to be developed. Very high-quality vocational education has also been a route to technician training, and from technician training on to degree-level training and even on to PhD training.

[Lord Hill of Oareford]

I agree with my noble friend’s first point about QTLS and I am glad that she welcomes that. I also agree with her basic points about progression, about making sure that vocational qualifications have esteem attached to them, and about there being clear progression that people can see.

Apprenticeships

Debate between Baroness Sharp of Guildford and Lord Hill of Oareford

Wednesday 9th February 2011 Lords Chamber

[Lord Hill of Oareford]

I am grateful to the noble Lord for raising the Question in National Apprenticeship Week, as he said. I am very aware that few people in this House have done more to promote the cause of apprenticeships than him. I know that he takes a personal interest in this. During his time as a Minister, he and his ministerial colleagues did a lot to get apprenticeships taken seriously again and to increase the number of them. I personally, and the Government generally, are keen to build on that. In National Apprenticeship Week, we have already seen a number of employers in the private sector coming forward with new apprenticeship schemes. The Government should absolutely keep up the pressure on the public sector to do so. There is an exemption on apprenticeship recruitment in government departments—that is one way we can help. However, I agree with him that we all need to keep up the pressure. I would be very keen to work with him and other noble Lords to raise the profile of apprenticeships and do what we can to encourage the provision of more places.

[Baroness Sharp of Guildford]

My Lords, how far have the Government succeeded in finding employers to take up these new apprenticeships, and how many of them are college-based, programme-led apprenticeships?

[Lord Hill of Oareford]

I believe that 85,000 employers are involved. A number of large employers have increased their offers of apprenticeship places in National Apprenticeship Week. The National Apprenticeship Service can encourage more employers of all sizes—not just large employers—to become involved. There is a task for everyone in raising the profile and importance of apprenticeships, and in making it easier for employers to become involved. There is an issue around the bureaucracy involved in this. If we can make it simpler for employers to participate, we should do so.

Academies Bill [HL]

Debate between Baroness Sharp of Guildford and Lord Hill of Oareford

Wednesday 7th July 2010 Lords Chamber

[Lord Hill of Oareford]

My Lords, I start by saying to the noble Baroness, Lady Howe, that I agree with her that—as everyone, including the noble Lord, Lord Puttnam, said—governors are key. I agree with her strongly on the vital role that governors play in schools and, in particular, the important contribution that parent governors have to make. We have spoken before outside the House, and I am keen to meet her and the NGA. I apologise that I have not been able to do so so far, because I have spent most of my waking hours in the House. I should like to talk to her and the organisation about how one can attract more parent governors and whether there are current obstacles to that—restrictions placed on them, and so on. I hope that she will accept my apology if she feels that I have not sufficiently stressed the importance of governors, and of parent governors in particular, because I feel that very strongly.

There is no difference anywhere in this House about the importance of governors and parent governors. Where there is a difference of opinion, I find myself agreeing with the noble Baroness, Lady Morgan of Huyton. The best way to go is to be less prescriptive and to trust people to get the right mix of people for a particular school. Should one set out from the beginning that there should be a certain proportion of different kinds of person whom one has to have, whether or not they are the best people for the job? As noble Lords might expect, I incline to the view of expressing the strongest possible endorsement of the importance of the role of governors and the wish to see parent governors involved, but leaving it to individual governing bodies and trusts to decide in their particular circumstances what is the best mix of people. Like many noble Lords, I have been a governor of a couple of schools for many years, and I have seen that having a broad mix of people tends to make for good governance decisions.

Where I take issue and am keen to resist, and where I know that I will not satisfy the noble Baroness, Lady Howe, and other noble Lords, including the noble Lord, Lord Puttnam—I apologise if he thinks that I am clumsy—is the degree of prescription in the amendment. As has often been the case since I have been in my job, I have been happy to praise the former Government for things that they did right. One thing that they did right was to come up with an approach to governance for academies which was sensible and has stood the test of time. It still applies in the new circumstances in which we find ourselves.

The new free schools are a good example of parental involvement, and one would imagine that parent governors will be a high proportion of governors—so high that some in this House have argued that there will be too many parents involved in setting up a new school. In some ways, that illustrates the point: what is the right number?

I certainly stick to the point that there are many examples where academies have chosen many parent governors to sit on the governing body. We hope that that will continue. However, on a point of principle—in all areas, and where it makes sense; we think that this is an example—the Government do not want to go down the prescriptive route. We want to stick with the approach to the governing bodies of academies of the previous Government.

We touched on the specific question raised by the noble Lord, Lord Lucas, before. The answer to his question is that the arrangements for the election of a parent governor or parent governors of an academy will be set out in the articles of association. The election of parent governors must be by the parents of pupils attending the academy.

[Baroness Sharp of Guildford]

Do the Government intend to move from parent governors being appointed to there being elections for parent governors? That would be a great step forward.

[Lord Hill of Oareford]

There will certainly be election. I must apologise, but I am not currently 100 per cent sure whether there is provision for election or not, and I will need to follow that up, but there will be election.

I was headed toward saying to the noble Baroness, Lady Howe, that I am sorry not to be able to be more helpful. I understand her point. I hope that she will spare the time to meet me with the NGA to talk about the matter more generally but, at this juncture, I ask her most respectfully to withdraw her amendment.

Academies Bill [HL]

Debate between Baroness Sharp of Guildford and Lord Hill of Oareford

Tuesday 6th July 2010 Lords Chamber

[Lord Hill of Oareford]

We discussed this point in connection with the free schools announcement, which was raised in the first group of amendments. It also relates to the amendment tabled by my noble friend Lord Phillips and the desire of people to have some reassurance that the effect to which the noble Baroness refers will be taken into account by the Secretary of State. One of the purposes of the free school measures is to ensure that a new school which proves attractive to parents is able to take funds from a failing school to which parents do not want to send their children. The purpose of the reform is to introduce competition of that kind into the system.

Continuing compliance with the characteristics and all aspects of the funding agreement is monitored by the Young People’s Learning Agency. The Secretary of State has intervention and, ultimately, termination powers that can be used if an academy is not complying with the fundamental characteristics. I say in response to the question asked by my noble friend Lady Sharp that the YPLA has the capacity and capability to do that, but we shall certainly keep it under review.

My noble friend Lady Walmsley asked about the ready reckoner, picked up on also by the noble Lord, Lord Hunt. I understand that there have been issues with the ready reckoner. I shall write to my noble friend about the situation in York.

If anyone has concerns that an academy is not complying with its statutory characteristics or the terms of its academy arrangements, these can be brought to the attention of the YLPA or the Secretary of State, who will look into them and take such action as is appropriate.

I hope that I have provided some reassurance to the House generally and to my noble friends in particular on these matters relating to the funding arrangements. In the light of that, I ask them not to press their amendments.

[Baroness Sharp of Guildford]

I am grateful to the Minister for his response. I am glad that the governing boards will be kept informed about the financial assistance grants.

On needs versus numbers, I am still a little uncertain. If a free school is to be set up, it will have projections of how many pupils it will take but will not necessarily know how many it is going to enrol. How will the Government set its grant in the first place? Is the first year of grant taken from local authority funding when they do not know how the school is going to do?

Will the Minister copy to me the letter that he writes about the York ready reckoner? I am a little unhappy about that, because it seems to set expectations unduly high for a quite a lot of schools. The bulk of money kept back by local authorities goes to meet special educational needs and transport. When that is deducted, the sum likely to be distributed will not be very great. The ready reckoner is leading a number of schools to have quite inflated ideas as to how much they might receive. If the Minister is unable to respond to any of these issues now, perhaps he could write to me. I beg leave to withdraw the amendment.

Academies Bill [HL]

Debate between Baroness Sharp of Guildford and Lord Hill of Oareford

Monday 28th June 2010 Lords Chamber

[Lord Hill of Oareford]

My Lords, this group of amendments deals with academy orders which enable the conversion of a maintained school into an academy. Amendments 105, 115 and 123 seek to place in regulations the process of applying for an academy order and to require the publishing of the criteria that the Secretary of State will take into account when approving academy order applications and entering into academy arrangements. As your Lordships might expect by now, we are unconvinced that it is necessary to prescribe in regulations the application process for an academy order, as this is an entirely administrative process. The Government have made it clear that they will apply a rigorous fit-and-proper-person test in approving any sponsors of an academy or promoter of a free school.

In response to one question raised by my noble friend Lady Sharp, I can confirm that the Secretary of State will publish on the department’s website criteria for deciding applications from schools which are not outstanding. I agree that it is important that people know where they stand. We will make sure that those are available when we have done some more work on that.

[Baroness Sharp of Guildford]

Can the Minister clarify whether that means that every school that is outstanding which applies will automatically get an academy order, unless it has a deficit of over £100,000?

[Lord Hill of Oareford]

No, my Lords; I was coming to that. There are some exceptional circumstances where that would not necessarily happen. There may, for instance, be cases where further information or action is required, including where a school is subject to existing reorganisation proposals—such as those referred to in Amendment 123—and where, as my noble friend has said, the school has a deficit or its performance has changed significantly. The Secretary of State has that power and would want to review each case on its merits. There will need to be flexibility in the Secretary of State’s consideration of these factors to make sure that he can make the most appropriate decision in each individual case. Information on those exceptional circumstances is, I believe, available on the department’s website.

In a similar vein, Amendment 126 would require the Secretary of State to make an order through secondary legislation specifying the mandatory contents of an academy order. While each order will inevitably contain certain standard elements, each will be different and specific to each school depending on the circumstances of each case. I think that we touched on this briefly last week. The parliamentary Delegated Powers Committee report on this Bill, dated 17 June, concluded that it would not be necessary for Parliament to scrutinise academy orders, while the expectation is that the academy orders will be brief. Therefore, it is not our view that we need to set out in an order what those orders will contain.

Amendment 118 seeks to require the Secretary of State to seek the advice of the schools adjudicator before agreeing the conversion of a school from maintained to academy status. The local authority normally would decide proposals for changes to existing maintained school provision, including closures, alterations and new schools. Where the local authority itself is the proposer of a new school, the schools adjudicator may be called upon to decide the competition. The decision on academies has, however, always been the Secretary of State’s. Given that the process for converting to academy status will not result in a net change in provision available to parents and pupils in the area, we do not believe that involving the schools adjudicator would be necessary. It might, indeed, introduce another unnecessary layer of bureaucracy.

On the point raised by my noble friend Lady Sharp on Amendment 187, the Secretary of State does not intend to delegate to the Young People’s Learning Agency any decisions about, or the making of, academy orders. I can confirm that he has no intention of delegating this function, which goes hand in hand with the decision to enter into academy arrangements themselves and which he cannot delegate to the YPLA. Academy orders are made in respect of maintained schools; therefore it is not appropriate to delegate it to the YPLA, which is responsible for certain roles—funding, challenging and supporting academies—once they are up and running, but not before.

Finally, Amendment 112 would remove the power of the Secretary of State to make an academy order for a school that is eligible for intervention. Generally speaking, schools are eligible for intervention where standards are too low or there are concerns about performance standards. It is crucial that schools that are failing their pupils can be given the opportunity to convert to academy status and to do so quickly to improve their pupils’ chances. There is evidence that schools obtaining academy status can make improvements to raise standards for all their pupils. It is right to make sure that those schools have that opportunity, too. Removing that option would not be in the best interests of pupils. I hope this has provided some more information and factual answers on several of the points that have been raised. With that, I hope that the noble Baroness will withdraw her amendment.

Academies Bill [HL]

Debate between Baroness Sharp of Guildford and Lord Hill of Oareford

Wednesday 23rd June 2010 Lords Chamber

[Baroness Sharp of Guildford]

Just before the Minister responds, I should say that I have not spoken to Amendments 185A and 188A tabled in my name, among others, because they should not really have been included in this group. I will speak to them separately later.

[Lord Hill of Oareford]

A diverse set of themes and topics has come up. I shall come back to the point about “wholly or mainly” in a moment, because it is one of the themes that have emerged on which I hope to be able to provide a little reassurance. I shall take my responses in the order in which I have them before me.

Amendment 63 concerns monitoring and whether we need to have independent monitoring arrangements. The Bill requires compliance with the characteristics set out in the academy arrangements. How that works in practice is that the Secretary of State ensures at the outset of an academy project that it meets those characteristics. Compliance is then monitored by the Young People’s Learning Agency. It has the duty to monitor compliance and, if the Secretary of State is not satisfied, he has the power to terminate an arrangement.

Amendment 17, moved by my noble friend Lord Greaves, is concerned with language. I agree that language is important. Personally, I quite like the word “independent” and the concept of independence. I take his point about how certain words carry freight. One could argue that one should call independent schools “private schools” and academies “public schools”, but the amendment would make academies maintained schools rather than independent schools, which would in effect prevent them from gaining the freedoms that are the purpose of the Bill.

On Amendment 22A, the Bill as drafted requires those setting up academies to meet the demands of both paragraphs (a) and (b). I am advised, and can assure noble Lords, that adding the word “and” to this subsection would not change the meaning of it. We do not believe that there is ambiguity in the current drafting.