Academies Bill [HL]

Debate between Lord Adonis and Lord Northbourne

Wednesday 23rd June 2010 Lords Chamber

[Lord Northbourne]

Amendment 69 is a permissive amendment along the same lines as that tabled by the noble Lord, Lord Lucas. We are trying to be overprescriptive in this. There may be circumstances under which it would be appropriate for charges to be made, possibly because the child’s parents were well off or because a charity had agreed to pay for the extra facilities being talked about. I do not see why we should screw the whole thing down in the way that it is screwed down in the Bill. My amendment loosens it up and allows a decision to be made on the basis of the facts and the best interests of the child.

[Lord Adonis]

There is in fact no sector of education that has more experience of academy-type schools than special education because of the existence of a large number of non-maintained special schools that are sponsored and managed by outstanding charities such as Barnardo’s and a number of other charities whose presidents are in the Chamber this evening. They are entirely independently managed but take their pupils largely or wholly by way of referrals from local authorities.

The improvement of special educational needs provision was of great concern when my party was in office and I know that it will be of great concern to the Minister. During my time in the department, I looked at this in detail and, so far as I could tell, there is no difference in inspection grades, quality or responsiveness to the needs of the special education community between maintained and non-maintained schools. There are sectors where schools that are maintained or non-maintained perform better and sectors where they perform less well. EBD is a classic case where special schools, whether maintained or non-maintained, perform less well.

Indeed, this is an area that needs a significant injection of new dynamic energy of the kind that academies could well breathe into the special schools sector. However, I saw no evidence that a school being managed in the maintained system or in the non-maintained system, which actually gives it greater independence in management than academies have, made a difference either to its responsiveness to the needs of pupils with particular special educational needs or to its maintained collaboration with local authorities, because the whole pupil referral base of these schools depends on the local authorities being willing to place their pupils in them. I therefore do not share concerns about the principle of academies in the special schools sector.

On the contrary, in crucial areas of special educational needs, particularly EBD, the dynamic innovation and attention to the needs of particular sectors that academies can bring could lead to significant improvements in provision and could enable existing special schools to expand their provision and to adapt to improve the way in which they meet the needs of pupils with special educational needs in ways that enhance the overall quality of the state education system.

Academies Bill [HL]

Debate between Lord Adonis and Lord Northbourne

Monday 21st June 2010 Lords Chamber

[Lord Adonis]

My Lords, there seem to me to be two distinct issues. The first is that of good practice in the establishment of academies, which was rightly raised by the right reverend Prelate the Bishop of Liverpool. It is clearly good practice that maximum efforts are made to engage the local community. Indeed, it is very unlikely that an academy proposal will be a success if it does not have a very wide measure of support from the parental body, the staff body and the wider community. As the right reverend Prelate rightly says, although the statutory consultation requirements are not present in the case of academies because very few statutory requirements apply in respect to academies, an elaborate process of consultation has taken place in relation to their establishment. In virtually every case consent has been given before an academy is established. I say “virtually” because, in the case of some failing schools, it is not possible to gain the consent of the parental body or sometimes even of the governing body. However, that is distinct from the precise provisions we propose to put in the law. As soon as you read Amendment 4A tabled by my noble friend Lady Morgan, you will see the difficulty of trying to put this into legislation. Having dealt with these issues at the Dispatch Box over a long period, I can say that they are only too clear to me. My noble friend’s amendment says that the groups to be consulted must include those it is perfectly reasonable to include, such as:

“(a) the parents of children of the school

(b) the children and young people of the school”.

I entirely agree with my noble friend Lady Massey about the importance of consulting pupils. One of the things the previous Government did which I think was a big step forward was strongly to encourage pupil engagement in schools, including with school councils, which were a very worthwhile development in schools in recent years. I would certainly expect to see school councils consulted before proposals of this kind came forward. However, paragraphs (f) and (g) of the amendment move into the land of the extremely subjective and difficult to determine. Paragraph (f) refers to,

“any local authority which sends a significant proportion of children to the school”.

What is “significant”? We shall be in the courts as soon as an application is challenged on the meaning of “significant”. Paragraph (g) refers to,

“the governing bodies of other schools in the area which might reasonably be considered to be affected by the arrangements”.

But who decides who might,

“reasonably be considered to be affected by the arrangements”?

Those who oppose proposals for schools to become academies will embark on months of litigation and will latch on to ambiguous wording in legislation that enables them to go to the courts.

While the spirit of these amendments is clearly correct and should be encouraged, as we want to see strong parental and community engagement in proposals for academies, I caution the Committee against seeking to put in primary legislation vague requirements which will open the floodgates to opponents to engage in litigation on the ground of ambiguous legal wording.

[Lord Northbourne]

My Lords, I should like to set down a marker. If academies are required to accept children with special educational needs, those who understand the needs of those children should be consulted to find out what the effect of the academy would be on their well-being.