Education: Pupils and Young People
Lord Knight of Weymouth Excerpts(13 years, 6 months ago)
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Lord Knight of Weymouth
My Lords, I refer to my entry in the register of interests in respect of my consultancy work in education. I congratulate the noble Baroness, Lady Perry, on instigating what has been—my comments aside—a very fine debate, showing off the House at its best. I very much look forward to the Minister, the noble Lord, Lord Hill, winding up in his usual skilful way.
I think that there is a danger in looking to the past when we look to fixing the problems of the present going into the future. I was certainly mindful of that when listening to the noble Lord, Lord Blackwell. However, I want to dwell a little on the past and express my pride in our record in office over the past 13 years. I am grateful for some of the comments that noble Lords have made regarding aspects such as Teach First. We increased by 50 per cent in real terms the amount of revenue funding. As a result, many more teachers—30,000 or 40,000—were employed, together with about 120,000 more teaching assistants. Many noble Lords have said that we have the best generation of teachers that we have ever had, so it should be no surprise that results have improved. They were also operating in much improved buildings. We fixed the roof while the sun was shining. We have seen, for example, the results for five A* to C grade GCSEs, including English and maths, go from 38 per cent in 1997 to more than 50 per cent now. We saw a fantastic investment in early years teaching and we are yet to be able to judge how that will benefit the country and benefit social mobility, to which I shall turn in a moment. We also saw a rapid expansion of the numbers qualifying to go into higher education, as they certainly have done.
On the basis on which our school system was set up, we drove it hard and we achieved good results, but the system was not designed to tackle social mobility. On that we did not do well enough. Although many children from poorer backgrounds did much better, thanks to the extra investment and the work of the teaching workforce, it is important to note that the gap between free-school-meal pupils and non-free-school-meal pupils narrowed only marginally, apart from those with special educational needs.
It is worth saying that at school level and local authority level, the gap narrowed. If we were listening to the Secretary of State, who I think is asking the right question about social mobility, the answer would not be about school-level reform. I am very proud of the academies which we set up, and for which I was responsible during my time in office, but the analysis done academically shows that they are making a difference at the margins. In essence, if we are to foster the talents of our children, and of every child, as this excellent Motion says that we should, we need a 21st-century system which properly reflects the needs of the labour market and properly engages every single child in their education.
I do not think that we should try to reinvent a free market school system, as that has been tried in Chile, the United States and Sweden and there is no evidence whatever that it works. I shall not dwell on the questions in today's Guardian about how the free school network, which is trying to promote that free market system, was funded and why it was selected. If the Minister wants to answer that question, I am sure that the nation will be grateful.
If we are to design a school system that is to tackle social mobility, we have to focus on what goes on in the classroom and in the home. We have had some excellent contributions. The statistics from the noble Baroness, Lady Prashar, for example, were notable and showed that a lot of the difference is defined before children get into school, so expecting us in our school system to fix those problems is, in many ways, missing the point. I refer noble Lords to the excellent report from the Equality and Human Rights Commission of a few weeks ago which showed that the highest performing ethnic group in our country is Chinese girls and the second highest is Chinese girls on free school meals. They overcome poverty because of the culture and motivation at home.
We need new forms of home engagement and new forms of accountability which will incentivise different forms of teaching in our classrooms, and encourage more—what better place to propose it?—peer-to-peer working in our classrooms, and more partnership between pupils and between pupils and teachers using technology to the full. Then I think we can get the sort of collaboration, teamwork, leadership and confidence to present that our employers say we need, and the teaching will then reflect that, whereas at the moment collaboration in school is regarded as copying—and that is cheating.
Academies Bill [HL]
Lord Knight of Weymouth Excerpts(13 years, 10 months ago)
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Baroness Walmsley
There are indeed many complex issues to be further explored and I am sure that this will be done in another place. This morning I briefed my honourable friend Dan Rogerson MP, who will be handling the Bill on behalf of these Benches in another place, beginning on Monday.
One of the complex issues, for example, is that the amendment of the noble Baroness, Lady Wilkins—the spirit of which we certainly support—does not explain how the money retained centrally can transfer to the academies. Is it the expectation that a local authority will make the provision in an academy? Can the Minister confirm whether a local authority will have physical access to an academy to ensure that provision for low incidence SEN pupils is satisfactory? After all, it is being asked to pay directly for that provision.
Lord Knight of Weymouth
In the conversation that the noble Baroness had with her group in the other place, was it discussed whether any amendments will be allowed by the Government? Given the tight timetable of Second Reading and Committee stage on the Floor of the other place in the same week, it looks as though the Government want to get this Bill on the statute book before the Recess; therefore there will be no amendment because there would not be time for it to come back here.
Baroness Walmsley
I understand the point that the noble Lord, Lord Knight, is making, but I did not discuss that matter with my honourable friend. After all, the procedure at the other end is not a matter for a Member of this House; it is entirely for the other end.
On statementing, the general duty on local authorities to ensure that appropriate children are statemented is not within the scope of the SEN obligations. It is a discretionary matter for academies as to whether they put forward children for statementing. Therefore, on one view, children in academies might be disadvantaged; on the other hand, the likelihood is that academies might overpresent children for assessment for statements—but this, of course, has its own problems.
That the noble Baroness, Lady Wilkins, has felt it necessary to table this amendment again highlights the fact that many noble Lords are still not satisfied that the mechanism is fair and transparent for calculating how much extra funding goes to the academies and how much will remain with the local authorities to enable them properly to carry out their duties in relation to the children in maintained schools.
In Committee, the noble Lord, Lord Hill, accepted that these arrangements must be seen to be fair and undertook to,
“reflect on the underlying principle of making sure that there is transparency and trust in these arrangements”.—[Official Report, 23/6/10; col. 1333.]
The ready reckoner on the department website has a lot to answer for and the funding mechanisms are clearly a work in progress. We have suggested that someone needs to take an independent view that these arrangements are fair to children in and out of academies. However, because of the rules on Third Reading, we were not allowed to table amendments containing further ideas on how this might be done.
We are not convinced that the YPLA is up to the job and remain concerned about this matter. As I said earlier, we have briefed our colleagues in another place, who will now have the opportunity to explore these issues further. The Government have time to get this right and we on these Benches hope that they will do so.
Lord Phillips of Sudbury
My Lords, I am most grateful to my noble friend for listening to the arguments advanced at the previous stage, with which I was involved, and for bringing forward the new provisions that meet satisfactorily the matters concerned. There is just one point on which I would be obliged for his assurance. Some noble Lords will find that the wording of subsection (1) of the proposed new clause, although it mirrors the new consultation clause, still appears somewhat subjective, requiring the people promoting the new or additional school to,
“consult such persons as the person thinks appropriate”.
It would be helpful to have in Hansard an assurance from the Minister that, in considering the impact of a new or additional school on other schools under the new impact clause, the Secretary of State will have to take a view as to whether the consultation undertaken by the promoters of the new school is adequate and sufficient in order for him or her to come to a view on whether the impact is on the right side of the line.
As I say, I hope that the Minister will be able to assure the House that, if the Secretary of State considers that the consultation undertaken by the promoters is simply not adequate to establish whether the impact is on the right or wrong side of the line, he or she will be able to undertake further consultation as will lead to the facts that he or she must have in order to reach a proper conclusion on impact.
Lord Knight of Weymouth
I pay tribute to the Minister for ceding the principle around the impact of additional schools. He has listened to the House and we are grateful to him for that. Like the noble Lord, Lord Phillips, I pay particular attention to Amendment 7 and the phrase,
“a person must consult such persons as the person thinks appropriate”.
Given the excellence of the people drafting the clauses, I am sure that that is perfectly sound technically. However, it is wide in its effect. I would argue that in the case of additional schools, in particular, we have to include in that consultation the local authority and possibly the schools forum. I ask the Minister to commit to amending the Bill in the other place, particularly as he already may need to do so. If he does not like the amendment agreed earlier, that may open up the possibility that he will agree to an amendment on this.
My concern is around the funding of these additional schools and it may help your Lordships if I briefly explain how the existing funding works. The bulk of schools funding comes through the dedicated schools grant—except for academies, which are funded directly by the Secretary of State. The dedicated schools grant is then allocated by local authorities as agreed by the schools forum, which is made up of schools, pre-schools, further education colleges and other 14 to 19 providers. It is notable that the Minister does not include pre-schools in Amendment 6 and, given that under his policy academies can now include primary schools, which may be providers of pre-school education, there may be an issue about pre-schools not being consulted. However, I shall not dwell on that.
When academy arrangements are entered into, the necessary funding for the academy is taken away from the local authority’s dedicated schools grant and allocated direct to the academy. Additional schools need revenue funding, and that will come from that local authority allocation. That is why it is essential that the local authority is consulted—unless, of course, the Minister has a pot of money for revenue funding. I know that capital funding is allocated and, like other noble Lords, I have been on the web today trying to understand these issues. On the Department for Education’s website I found a press release from the Secretary of State dated 18 June in which he refers to capital funding by reallocating £50 million from the enhancing technology grant to create a standards and diversity fund. However, there is no mention of the revenue funding needed for these new schools.
The frequently-asked-questions section on free schools contains six lines outlining how much funding I will get to run my free school. That remains very vague. It states that,
“we will work with the early groups of Free Schools to develop a sustainable and fair funding model and publish further detail as it becomes available”.
Perhaps the Minister is ready to publish that further detail to help inform the debate today.
Determining the revenue of an additional school requires a prediction of pupil numbers. This then determines both how much the new school will get and how much the other schools will lose because we are working within a constrained pot—unless, of course, the Minister has his pot of gold. Can the Minister tell the House where the revenue will come from in the first few years as the additional schools are established? A modest-sized, virtually unviable, secondary school would have 400 pupils at £4,000 per head per year, which is probably lower than the current average per pupil funding. According to my calculator, that is £1.6 million of revenue funding per school in its first year of operation. We need to know where that money is going to come from.
Who agrees the predicted number of pupils for the additional school? That will have an impact on the surrounding schools because they will then know how many they are likely to lose. What form of appeal will there then be for those schools, the local authority and the schools forum, which advises on the detailed allocation to each school? What form of appeal will they have on the decision on the predicted number of pupils? Has the Minister taken legal advice on whether the current process that we are being asked to agree today is challengeable if there is no consultation with local authorities or schools forums?
Lord Willis of Knaresborough
I apologise to the noble Lord but I am trying to get the parlance correct. It would be helpful if he would explain the funding arrangement under the previous Government when a new academy came into a local authority area. How was the money clawed back to balance the places and resources?
Lord Knight of Weymouth
The noble Lord will know that academies have been used to replace failing schools, so there is a fundamental difference in the policy reflected in this Bill. We are being asked to agree arrangements for academies to convert from outstanding schools and, in this case, we are discussing additional schools. There are one or two additional schools for which my noble friend sitting next to me, or I as the Minister responsible, might have been able to find the additional money. That is why I keep asking the Minister whether he has some revenue funding that he has not told us about and whether he has agreement from the Treasury. In these straitened times that is unlikely, so it is most likely that it will come from other schools in the local authority area.
Is the Minister aware that following the unfortunate Building Schools for the Future announcement, there is a considerable appetite among local authorities to take legal action against his department when things are rushed out without working through the details? That is what is happening because of the unexplained desire to get the Bill on the statute book this month.
I know that I have asked the Minister a lot of questions, and he may want to write to me with some of the answers. Since I raised it in this Chamber last week, I would be most grateful if he could explain in his summing up how revenue funding will work for these additional schools, and why the Bill does not provide for consultation with local authorities and school forums.
Baroness Walmsley
My Lords, I, too, welcome Amendments 6 and 7, and I am glad that the noble Lord, Lord Hill, has responded to the persuasion and effective blandishments of my noble friend Lord Phillips of Sudbury on this matter.
I have a question on proposed new subsection (4) in Amendment 6, which states:
“For the purposes of subsection (3)(a) a school does not replace a maintained school if it provides education for pupils of a wider range of ages than the maintained school”.
Will the Minister explain that, because it is not covered by the letter which he wrote about the government amendments of 9 July 2010? I think it means that it excludes from consideration as an additional school an academy that decides to establish, for example, a sixth form that did not exist before. I would not want this part of the Minister’s amendment to work as a loophole that would allow schools covering substantially the same age range, but with a little tweak at one end or the other, to be established without the Secretary of State having the very serious job of considering the impact on other good schools in the area.
Academies Bill [HL]
Lord Knight of Weymouth Excerpts(13 years, 10 months ago)
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Lord Knight of Weymouth
My Lords, I support my noble friend Lady Royall. I state my very clear position that I am not in favour of any expansion of selection by the front or the back door—the back door route enables the expansion of admissions by existing selective schools that may become academies. I was therefore fairly disappointed in myself when I saw the Minister’s letter to my noble friend Lady Morgan of Drefelin, in which he says that the previous Government allowed selective maintained schools to expand by up to 25 per cent without publishing statutory proposals. Given that my fingerprints are all over the admissions code and the primary legislation that brought that into place—the Education and Inspections Act 2006—I was surprised that I might have let that one through. However, I pay tribute to the Minister’s officials for finding him that get-out. They continue to do a fabulous job for their Minister.
However, I have one or two questions to ask him. I have looked at the latest version of the 2010 admissions code. Paragraph 1.15 makes it clear that:
“Admissions arrangements for Academies are … part of an Academy’s Funding Agreement”.
The model agreement, to which we have referred, makes very little mention of admissions. Paragraph 12 makes some mention but the main section is paragraph 17, which says that the academy will be an all-ability, inclusive school. Clearly, we need a variant of this model agreement to show how it would apply to selective schools that then become academies. I would be most grateful if the Minister could assure us that that is being drafted and that we can have sight of it as legislation goes through Parliament. If we cannot see it in this House, perhaps the other place can see it before it debates it.
My second question concerns the admission number for schools. Paragraph 1.16 of the code refers to the importance of the admission number. Paragraph 1.17 says:
“Admission authorities of maintained schools must set admission numbers with regard to the capacity assessment for the school”.
That is set according to the physical constraints of the school. Will academies be bound by the same capacity assessment? That is particularly relevant when we get to the section of the admissions code to which the Minister referred in his letter that I mentioned earlier. In paragraph 1.20, the,
“statutory proposals are still required for schools proposing an enlargement to their premises which would increase the physical capacity of the school by more than 30 pupils and either by 25 per cent or by 200 pupils”.
My next question concerns the presumption of approval. Paragraph 1.22 of the code states:
“Local authorities and the Schools Adjudicator, when making decisions over setting admission numbers or admitting above them, should have regard to the presumption that proposals to expand successful and popular schools, except grammar schools, should be approved”.
Does that clause “except grammar schools” read the way that I intended when I approved it: that for grammar schools, the presumption would be that you would not approve the expansion? This area needs clarity. These amendments add clarity by saying that we should not have any new selection by any means. I know that is what the Minister’s right honourable friend Michael Gove said before he became Secretary of State. I have not paid sufficient attention to know whether he has repeated it since he took up that office.
Finally, I should be grateful if the Minister could say whether he has thought about using the schools adjudicator, as a truly independent person, to resolve these things after proper consultation, because the volume of new academies may swamp the Secretary of State when making the judgments that are required of him, as the law currently stands.
Lord Blackwell
My Lords, briefly, I ask the Minister to consider Amendment 10A in the name of my noble friend Lord Lucas. The whole purpose of academies is to enable good schools to become even better schools. The benefit of good schools in an area is that they ought to be able to provide such opportunities for as many children as possible.
One of the problems of the current admission system is that it ends up, in practice, turning into selection by house price. In other words, the good schools that become better schools tend to be in areas where parents move in and house prices rise. In that situation, poor schools and their pupils who live in neighbouring areas do not have the choice of getting the benefit of being able to apply to the better school next door. Indeed, schools in poorer and often disadvantaged areas have no incentive to improve. They do not have any competition, because they have in effect a monopoly of access in the local catchment area. There is a wholly beneficial argument for saying that if we allow good schools to develop by becoming academies, it would be socially desirable to allow all children from within a feasible area around that school who chose to apply to gain the benefit of being able to go to that school, rather than only the children of parents who happened to be able to afford to live nearby. It is wholly in favour of social mobility to widen admission as far as possible.
I would go further, as I argued at Second Reading. Contrary to the noble Lord, Lord Knight, I believe that there should be a place for selective education in the state system. That, too, would help social mobility. I accept that that is not the spirit of the Bill or the policy of the Government, and unfortunately there is nothing in the Bill that would allow that to happen. Therefore, I certainly would not support the amendments that try to go further in restricting admissions freedom, although Amendment 10A merits consideration.
Baroness Perry of Southwark
My Lords, I follow my noble friend Lady Walmsley with great warmth. What she has said is very dear to my heart and I agree with everything. There are very strong feelings about the content of any part of the curriculum. After all, the curriculum is the heritage of knowledge and skills that we pass on to each generation. Everyone has their own strong feelings about what that should be. PSHE arouses particularly strong feelings because it deals with so many of the very sensitive areas of our personal and social lives.
As has been abundantly clear in what my noble friend and the noble Baroness, Lady Massey, have said, PSHE is already widely established in our education system. It is taught in virtually every school and there is already a large cadre of several thousand teachers who have registered themselves as qualified to teach the subject. I commend the enormously good work being done by so many of those teachers in dealing with what are difficult issues, often with difficult pupils at often difficult stages of their lives. They make a huge success of this teaching.
I have two real objections to trying to follow the noble Baroness, Lady Massey, in making this a single curriculum requirement for academies. First, in recent years I have met many teachers dealing with PSHE in, as I have said, difficult classes. They fit what they teach across the areas and how they teach it—whether it be drugs, health, obesity, sex or personal relationships, ethical or civic issues and so on—to the particular class in their particular school with its own particular mix of young people. Schools vary enormously. Some have sophisticated children and others have children who are unsophisticated. Some have children who, by the age of 11, 12 or 13, have alas already engaged in the kind of personal relationships we would rather they were not engaged in, including sexual relationships. The teacher’s skill lies in fitting what they say and how they deal with these issues to their particular class. In my view, that is where PSHE should remain—with the school and the individual teacher deciding what and how it should be taught.
The second reason why I am astonished the noble Baroness has put her amendment in this way is because this would be the only required part of the curriculum and it would only apply to the academies. If this amendment were agreed, PSHE would be a curriculum requirement for academies but not for other schools, and it would be the only part of the academies curriculum that would be a requirement. To me, that is bizarre. People in this House and certainly, I am sure, in the wider world outside would argue just as strongly for other bits of the curriculum to be made mandatory. Surely an important aspect of academies is that they will be free of a national curriculum and able to tailor what they teach and how they teach it within a broad and balanced framework for their particular pupils.
I would ask the noble Baroness not to press her amendment, and if she does, I would ask the House not to support her.
Lord Knight of Weymouth
My Lords, I want to comment on this only briefly because much of what I wanted to say about the importance of personal, social, health and economic education has already been made clear by my noble friends Lady Massey and Lady Gould, as well as by the other contributors. But I would say gently to the noble Baroness, Lady Walmsley, that if we pass this amendment, all the proposals of the previous Government, with whom I was associated, can be implemented, certainly in academies. I would say to the noble Baroness, Lady Perry, that the consistency that she thinks there is in the quality of PSHE education is something I would question. The reason why I began the review of sexual and relationship education in our schools was as a result of the Youth Parliament carrying out a survey to which it received an unprecedented 20,000 responses. The vast majority said that the quality of sex and relationship education they received in school was inadequate.
I am not referring to the Clause 28 part of the funding agreement which says that there should be,
“sex and relationship education to ensure that children [of the academy] are protected from inappropriate teaching materials and they learn the nature of marriage and its importance for family life and for bringing up children”.
That may be a part of it, but it is an incredibly partial interpretation of the importance of sex and relationship education. If we are going to tackle early teenage pregnancy and sexually transmitted diseases, good and consistent PSHE in all our schools is crucial so that we can support parents and those children who are not getting that sort of education at home.
At the instigation of my right honourable friend Ed Balls, I co-chaired a review with the Youth Parliament and the principal of Newcastle College, which included representatives of all the faith groups in this country and health organisations, including sexual health organisations. Remarkably, we achieved a consensus about how we should go forward—which is a great tribute to the various representatives—in the most sensitive area of PSHE: sexual relationship education. I received a standing ovation in the middle of a speech—the only time it has happened to me—and people were crying when I announced that we would make it compulsory to have sexual relationship education in all schools. The people who teach the subject of association understand its vital importance and it was sad that it was lost in the wash-up prior to the election. I hope that we can make progress by passing the amendment today.
The Lord Bishop of Lincoln
My Lords, I am pleased to follow the noble Lord, Lord Knight, because, as he will recall, our board of education was anxious to work with the then Government on that Bill. We were very supportive of what was emerging in the Bill and we were as saddened as others by its eventual fate. I therefore thank the noble Baroness, Lady Massey, for bringing forward the amendment—and I do not always say that about her amendments. However, I do on this one because everyone in the House, as we have heard, has good reason to be sympathetic to the principle of PSHE and wishes to see it delivered, at the highest possible standards, across our education system.
That may prompt noble Lords to ask why the church so often seems to be in the forefront of those resisting this kind of development. It is a good question. I do not always appreciate the answers I get from within my own constituency but, at the heart of it all, something needs to be said in this debate before we get carried away with all the positives and affirmatives: there are implications for some of our understandings of childhood and we must not go down the Pollyanna school of pedagogy. None the less, we all appreciate that something gets lost when some elements of children’s education come in earlier than is perhaps appropriate to the well-being of the child at quite an early age.
The motives of the noble Baroness, Lady Massey, are honourable and I support the underlying principle, but I do so in the spirit of the noble Baroness, Lady Walmsley, for two reasons. First, there is not much detail in the amendment and I need to know a great deal more about what is described here as PHSE. At what age will it be introduced? As the Academies Bill will affect primary as well as secondary schools, the question of age kicks in. I want to know more about its content and whether it will be consistently provided across the country and by whom. All this seems to be within the purview of the curriculum review, to which the noble Baroness, Lady Walmsley, has referred. Out of that may come more detail which will enable some of us to give a fair wind to the spirit of the amendment.
I wonder whether this is the place to pursue this important agenda, partly because, as the noble Lord, Lord Knight, the noble Baroness, Lady Perry, and others, have said, it applies only to academies. If it is as good as many believe it is, it ought to be good for all, not only for some. I would support a process that would enable this to become part of the agenda for all our children and not only for some who happen to be in schools which have converted to academy status. While I support wholeheartedly the spirit of the amendment, I would not be able to go into the Lobby with the noble Baroness, Lady Massey, for those reasons.
I look forward to the debate continuing and to engaging with this Government, as we did with the last, to achieve something that will be for the common good of all our children. We want them to experience and enjoy relationships, as given by God, so that they can have fulfilled lives—sexually, in terms of their health, in terms of their economic management and, most of all, in terms of their personal well-being and delivery of their potential.
Academies Bill [HL]
Lord Knight of Weymouth Excerpts(13 years, 10 months ago)
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Baroness Williams of Crosby
My Lords, I support my noble friend, because this is a crucial amendment that would greatly strengthen the Bill if it were to go through. This is not only because a local authority has a profound responsibility in arranging for the provision of adequate education for every child in its area, but for another reason that is very close to all of us at present: namely, the financial issues facing the Department for Education and many other departments. It is to those issues that I will address a few remarks.
It is worth pointing out—I looked up the figures recently—that in primary education there are 4,000,237 places, with 482,930 surplus places unused and unfilled at present which cost the Government a good deal of money. In secondary education, the figures are slightly, but not a great deal, better. There is a surplus in secondary education of 307,712 places, which is 9 per cent of the total. In the case of primary schools, 11 per cent of all places are empty. That puts a heavy burden on those, whether they are local authorities or churches, who are responsible for running the schools. Therefore, it becomes all the more important that, in creating a new school, whether it is a converted academy or a new school altogether, careful consideration is given to the impact on the number of places already being supplied.
An academy can do one of two things: it can add to the number of schools that already exist or it can replace those that are taken out. As many noble Lords know very well—I certainly do—it is not easy to close schools. There is usually a great deal of passionate commitment to them, especially primary schools, and the procedure for church schools can be long involving dioceses, parents and others in agreeing to such a provision being made. On the coolest statistics of all—the effect of financing education by having a large number of surplus places that are then added to—it is crucial that such an amendment is accepted.
From 1999 to 2003 the birth rate in Britain fell—not hugely, but by about 40,000. Those children who are just at the age when they go to school will be entering schools with already surplus places, which will increase because of the drop in the birth rate. That change in the birth rate goes back to a modest increase in 2003-04, which means that that group of children will not be reaching school until next year. For all those reasons, therefore, I strongly urge the Government to give due consideration to my noble friend’s amendment. I hope that they will consider it and feel inclined to accept it on grounds of cohesion, the satisfaction of people involved in schools and because of the fundamental financial difficulties.
Lord Knight of Weymouth
My Lords, I support the amendment and the comments of the two previous speakers. It is an important amendment in the context of yesterday’s announcement on Building Schools for the Future. I shall be interested to hear the Minister’s comments, given that Building Schools for the Future began in those areas of greatest educational need. By definition, those are the same areas where parental dissatisfaction is likely to be highest and where parents are most likely to want to start their own free school academies. That raises the scenario of brand new, state-of-the-art, beautifully designed schools effectively having to close down because parents send their children somewhere else and the schools end up being white elephants. That would be a scandalous misuse of resources. I shall be interested in the Minister’s comments and hope that he will support his noble friend’s amendment.
The Lord Bishop of Lincoln
My Lords, I also support the amendment for two reasons. First, building on the comments of the noble Baroness, Lady Williams, we are anxious that church schools should be part of a network of choice to those for whom a faith school or an alternative could be their choice. That demands a degree of planning and the amendment would ensure that the Secretary of State took account of a range of possibilities when considering the provision of schools in an area. Secondly, one of our concerns about the Bill in general is the removal of the local authority interest in ensuring a degree of overview or strategic planning. The amendment at least goes some way towards mitigating the consequences of that omission.
Lord Hill of Oareford
My Lords, I start by saying to the noble Lord, Lord Hunt, and other noble Lords that I am sorry that the model funding agreement did not get to them any earlier. I know that there is a lot to take on board and that it is a long document. On his particular point about paragraph 17, the model will need some changes to reflect the particular circumstances of individual schools, which I hope answers his question.
Like the noble Lord, I am grateful to my noble friends for raising the issue of grant funding and for giving me the opportunity, I hope, to reassure them and the rest of the House as far as I am able. On Amendments 2, 19 and 19A, as we discussed at an earlier stage and to which the noble Lord, Lord Hunt, has just referred, the rationale for allowing the Secretary of State to fund via a grant in what is likely to be a small number of cases is to provide more flexibility, and as we have also discussed, we envisage a grant being used particularly in response to proposals for a free school where by definition there is no track record. We think that this flexibility makes more sense than committing to seven years at the beginning, but I want to emphasise that we expect this to be a minority of cases.
Lord Knight of Weymouth
Perusing the model funding agreement, I have one question on the specific issue of the general academies grant. Clause 50 talks about the amount of grant that would be available in the first year of conversion, and that the money would be on the same basis as that used by the local authority for determining the budget share of the predecessor maintained school. In the case of an academy free school where there is no predecessor, how would the funding for the first year be calculated so that people who are interested in setting up these interesting new schools can have some certainty?
Lord Hill of Oareford
I accept entirely the need for giving certainty to people who are setting up new schools. This process has just started and the question will be worked through with the first group of schools that have expressed an interest. It is a good point to which we will need to return when we have done that work.
On the point my noble friends have raised with me, particularly in relation to Amendment 28A, I stress that any academy funded via a grant will be subject to exactly the same requirements as those which apply to the funding agreement: there will be the same safeguards on admissions, exclusions and special educational needs, about which I know not only my noble friends but others on all sides of the House are concerned. These safeguards will apply equally to the majority of academies, which will be funded by the funding agreement, and to the minority, which may turn out to be funded by grant. The safeguards will be set out in the grant letter just as they are set out in the funding agreement. I can confirm that the governing body and the academy trust would be aware of the terms of the grant before finalising the academy arrangements. I hope that provides reassurance to my noble friends and your Lordships generally and I am happy to place it on the record.
Amendment 20, to which a number of noble Lords have spoken, would require academy funding to be based on the needs of pupils as well as on their numbers. I agree with my noble friends and others who have spoken that the needs of pupils as well as the numbers of pupils must be taken into account. The primary driver of academy funding will be the numbers on the roll because that is the best way to begin to measure the total amount of teaching and other resource that is likely to be required in a school. However, the local authority funding formula which is used to fund an academy also contains factors which measure special educational need and the level of deprivation among pupils. Some do this directly—for example, by measuring prior attainment—others use proxy indicators such as free school meals. The sixth-form formula used for academies and maintained schools also contains a measure for deprivation. In no case is an academy funded simply on the basis of its pupil numbers.
On the point raised by the noble Lord, Lord Knight, we intend developing a simple funding model for free schools based mainly on a per pupil amount. However, of course—I think this point was raised by my noble friend Lady Walmsley; she will forgive me if it was not her—the pupil premium for disadvantaged pupils, on which we will bring forward proposals in the autumn, will also be in operation and so needs will be recognised.
On Amendment 12A and the establishment of an independent monitoring system, as we discussed in Committee, the Bill requires that the academy arrangements will oblige the academy proprietor to comply with these characteristics when establishing and running an academy. The Secretary of State ensures at the outset—
Lord Sutherland of Houndwood
My Lords, two important points weigh with me in considering these amendments. The first is the principle of whether primary schools should have a place as academies in the future. I assent to that: I think that they should have the option of becoming academies. The second is the practical point of whether all primary schools are capable of operating under such a system. The answer is clearly no. I made that point at Second Reading. Then the question is—this was put by my noble friend Lady Perry—whether we deny that opportunity now through legislation or look seriously at the fact that there is a double lock on this door. The first lock is whether the head teacher and governing body are prepared to apply for such status. If they apply mistakenly, because they have 23 pupils, perhaps the judgment will be made against them. The second lock is that of the Secretary of State giving assent. We should stress to Secretaries of State—some of them are exceptionally good, although I shall not name names—that they are taking responsibility for this and will be judged on the decisions that they make on primary schools. As has been pointed out around the House, some primary schools may well be in difficulty. The Secretary of State will be judged on the decisions that are made but we should not rule out having this option in legislation.
Lord Knight of Weymouth
My Lords, I support the amendments in the name of my noble friend Lord Hunt in respect of primary schools becoming academies. We wrestled with this question in the three years that I was Schools Minister in the old Department for Children, Schools and Families. In discussions on this issue with my noble friend Lord Adonis, it was necessary to go back to first principles about why we were having academies in the first place.
Many people think that the secret of academies lies simply in their freedoms from the constraints of the national curriculum, teachers’ pay and conditions and other matters. Freedoms are a part of it, but it is a question of how they are used. It is important to have the leadership capacity, supported by strong governors, to deploy those freedoms effectively to improve children’s education. Academies also offer opportunities for innovation. However, I do not believe that 23,000 independent schools—that is the implication of primary schools becoming academies—are sustainable on the ground of the capacity for consistently strong leadership.
England has some of the greatest state schools in the world but we also have some weak schools. Our problem is variability, not the overall standard. I agree with the noble Baroness, Lady Perry, that we have some wonderful leaders in our primary schools and some great governing bodies, but I say with the greatest respect to her that we also have some slightly less good leaders and less good governing bodies. We have to be cautious about how we design a system that is dependent on them all being excellent. I advocate—I did so as a Minister—that we pursue primaries becoming academies as part of all-through academies. I greatly encouraged all-through academies when I was a Minister and we are starting to see more of them spring up.
I am not completely against the notion that there might be circumstances where groups of primaries could become academies, but that needs further consideration. I was interested in the arguments of the noble Baroness, Lady Walmsley, in respect of Amendment 5, but my caution about groups of academies in some ways relates to what the right reverend Prelate said about the religious foundation of schools. The obvious form of a group of primaries would be on a geographical basis, but then you start to lose choice and diversity. My experience of dealing with various diocesan boards is that they are very nervous about joint governance of academies—for example, between the Anglican Church and the Catholic Church. In the communities that I represented in Dorset, we could not get boards to agree to single primary schools entering such arrangements because of the importance of their being able to preserve the tenets of their faith and wanting to represent that in the school. Parents also value that choice and diversity in being able to send their children to a school with the sort of foundations that they value.