Education and Adoption Bill

Debate between Baroness Sharp of Guildford and Lord Watson of Invergowrie

Thursday 5th November 2015 Grand Committee

[Lord Watson of Invergowrie]

I have to say that a number of people I have spoken to were concerned by the Minister’s comment on Second Reading that,

“democracy can be suspended where it is in the interests of the children”.—[Official Report, 20/10/15; col. 634.]

In what other situations can it perhaps be suspended? The fact that it was a general commitment in a manifesto does not mean that parents should be disenfranchised in this way. It is indicative of a frankly rather authoritarian approach that the Government have begun to exhibit in not just this Bill but others currently going through Parliament. That is a worrying trend.

Amendments such as this should not be necessary in an education Bill in an advanced democracy, yet we find that they are. I warrant that the Minister will say again why he is unable to accept it. It is not a good enough reason to give that some people, in exercising their democratic rights, may slow down the process. We are dealing with a very important issue. Yes, of course, the education of children is important, and any day lost cannot be regained, to echo the Minister’s remarks on the previous group of amendments. Yes, that is true, but at the same time wider issues have to be considered on the behalf of children themselves. They cannot speak for themselves. Parents, governors and local authorities have views that should be fully taken into account. As the Bill stands, that will not happen. I believe that the Minister’s argument lacks any form of intellectual rigour because it undermines the hard-won and long-held democratic traditions of this country.

I have very real concerns about the curtailment of rights and responsibilities of governors in respect of the schools for which they have legal responsibility. Consultation with local stakeholders before a school is classified as coasting or becomes an academy is an essential part of community engagement—a concept that I believe the Government should embrace, not repel. I beg to move.

[Baroness Sharp of Guildford]

My Lords, the amendment asks that the governing body informs the parents that the school has been notified that it is coasting. It is not asking for consultation, although, in effect, it probably presages or precedes a period when there will be consultation. That came out of our lengthy discussion on precisely what coasting means.

The Minister made it clear that there are different options when a school is told that it is under surveillance, in effect, as a possible coasting school. The regulations make it clear that there are various options at this point. One is that the school might be asked to academise, but it might also be asked to link up with a local school to get help from a successful head. The regional schools commissioner has a lot of discretion about what to do and he may send one of the platoon of head teachers on his advisory board to advise the school about what to do.

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[Lord Watson of Invergowrie]

My Lords, we now move on to the question of performance standards and safety warning notices—in this case, specifically with reference to academy schools. The amendment would extend the power of local authorities to allow them the right—albeit one challenged under the clause—to issue performance standards and safety warning notices to an academy that they consider is underperforming.

The wording is drawn from existing provisions for giving warning notices to maintained schools. The only difference is that the local authority would need to ask the Secretary of State to intervene if the warning notice did not have the desired effect of bringing about improvement, but the academy would be required to comply and the power would apply to both existing and new academies.

The argument in the amendment turns on local versus national—or local versus regional, in the case of the regional schools commissioner, although she or he acts on behalf of the Secretary of State, of course. A local authority is much better placed to identify problems than a distant Minister or even a regional commissioner. Not only can it scrutinise data but it gets all the soft intelligence that comes through the local community, in whatever form that may take. Specifically, I would imagine that it would be from other schools, issues raised in MPs’ or councillors’ surgeries, the local media, information from social services, and health services, as well as issues with admissions or exclusions.

It is apparent that the Department for Education has huge difficulty in keeping tabs on the growing number of academies. The Public Accounts Committee laid that out very clearly in the previous Parliament, and I suggest that eight regional schools commissioners cannot properly scrutinise several hundred academies each as well as getting involved with maintained schools and promoting new conversions. It is reasonable to assume that any regional schools commissioner worth her or his salt will seek informally to source local intelligence, but that will be limited, and the amendment would allow such activity to be formalised. The key to the benefit of handing this task to local authorities lies simply in the first word of their title, because local knowledge is essential to enable intervention when necessary.

In addition, it would restore proper accountability to local communities. It would mean that the concerns of parents and residents could be taken up locally by a local authority that has the right to take the action necessary. It should be noted that this would not reduce the autonomy of academies. All the freedoms they currently have would continue to be in place, but this would provide a much more robust accountability system. Centralising accountability in the hands of the Secretary of State and her appointees is both undemocratic and ineffective, and the poor outcomes from many academies that have already been referred to demonstrate that.

At Second Reading, I invited the Minister to comment on the Ofsted inspection results up to June 2015. They demonstrated that of all schools inspected, the percentage of academies classified as inadequate was 3.4%, with the percentage of maintained schools classified as inadequate less than half that figure at 1.6%. I do not welcome any school, whether maintained school or academy, being classified as inadequate, but those are the figures produced by Ofsted. The evidence is clear: despite the fact that there are more pupils in the maintained sector, there are now more pupils in inadequate academies than there are in inadequate maintained schools. That surely should give the Minister pause for thought. I understand why the Minister would not like to deal with those facts, but having declined the opportunity to tell me and other noble Lords what that says about the panacea that academies are supposed to be, will he use his closing speech today to do so? Clearly, something is not working.

In the same way that we have argued for maintained schools and academies to be treated equally when it comes to coasting—or, indeed, outright failure—we believe that parity in respect of performance standards and warning notices is entirely appropriate. I beg to move.

[Baroness Sharp of Guildford]

My Lords, this amendment picks up an issue which we Liberal Democrats have been worried about for some time: accountability for academy trusts and academy chains, and what happens when an academy is put into special measures or, as in this case, fails to make the progress that one would expect over the three-year period.

I know that the Minister will reel off statistics and examples of how good academies are and how much they achieve, but he must admit that, looking at the picture overall, now that we have academies of 10 years’ standing and many of four to five years’ standing, the record is that the probability of an academy not performing as well as we might expect is just as high as for local authority schools, and that the record of local authority intervention in turning around failing schools is just as good as academisation. In its statistics report, his own department shows the same range of performance across academy chains as with local authorities.

I know that the Minister will protest that local authorities do not intervene when they should and that this legislation is a necessary wake-up call to them. But if he is maintaining, as he does, that no child should have to put up with less than a good education for a year or so, it is only right that the principle should apply to academies as much as to local authority schools.

This clause is the mirror image of the one applying to maintained schools at the beginning of this Bill, explaining how the local authority, now the Secretary of State, can give a warning notice to an academy and requires, under new subsection (4B), those in charge of academies to take remedial action, and the local authority or the Secretary of State to do so if the academy fails to take that action. It also requires that the funding agreement should be amended appropriately.

I find myself very much in agreement with the noble Lord, Lord Knight, on this issue. Now that we have got such a large number of academies, it seems extraordinary that we have to negotiate separate funding agreements with every single one. One of the reasons why we have education Bills and Acts is in order that all schools should obey the same set of regulations. It seems extraordinary that when you have thousands of schools having to obey the same set of regulations, you have to negotiate separate funding agreements. It is about time that the Government made up their mind on what they want to do. We have quite a lot of sympathy with the general principle of this amendment, which is that academies should be treated on a par with maintained schools.

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[Lord Watson of Invergowrie]

I look forward to getting that briefing when I am able to attend. That would be helpful. But that sort of impression—that the local information required in situations like this is being made available—is not out and about at the moment. Perhaps that will change when we meet the regional schools commissioners.

[Baroness Sharp of Guildford]

I have the Ofsted figures here, which show that for all the maintained mainstream schools the percentage that was judged inadequate by Ofsted was 1.8%. Of the academy schools—the converters—which are on the whole the outstanding schools, the figure is 1.9%. For the sponsor-led academies, it is 12.1% and for free schools it is 5.8%. As I think I said in my Second Reading speech, that indicates that it was quite a high figure for the converter academy schools but, of course, they were being converted from being inadequate. That again holds up my argument that it takes time for any school to be turned around.

[Lord Watson of Invergowrie]

I thank the noble Baroness for those remarks. The Minister referred to the contractual relationship. This comes up continually and is a reason for the lack of transparency in academy trusts. Part of this is that if you try to look at the minutes of academy trust boards, often they do no more than list the decisions that were reached. There is no detail given to that or background information or dissent, if, indeed, there was any—simply the decisions that were reached. They are not particularly illuminating. I think the whole question of the contractual relationship between academy trusts and the department gives a sense that there is something to hide. I do not believe there should be anything to hide and there may not be but we do not know that because there is a lack of transparency. Part of the purpose of this amendment is to open up the way in which academies operate, particularly with regard to local issues and links with local authorities, which I think would be mutually beneficial. I hear what the Minister says. I am disappointed that we have not made some progress on this. But having had the issues aired, I beg leave to withdraw the amendment.