Oral Answers to Questions

Baroness Morgan of Cotes Excerpts

Monday 21st July 2014 Commons Chamber

[Mr Jamie Reed (Copeland) (Lab)]

13. What steps she is taking to make child care more affordable and improve the flexibility of child care provision.

[The Secretary of State for Education (Nicky Morgan)]

One of the greatest achievements of my predecessor, my right hon. Friend the Member for Surrey Heath (Michael Gove), was to put in place real reforms that ensure that all our young people—from the earliest age—have the opportunities to succeed. It is a privilege to follow him in this role.

We are the first Government to fund 15 hours a week of free child care for all three-year-olds and four-year-olds, and for disadvantaged two-year-olds. We have also taken action to give more choice to parents, including by creating childminder agencies and by supporting schools to open nurseries and offer 8 am to 6 pm provision.

[Jonathan Ashworth]

As a fellow Leicestershire MP, may I welcome the right hon. Lady to her promotion, which is well-deserved? I am sure she will know that in Leicester the cost of holiday child care has doubled since 2010, with parents paying about £50 more than they were. When is she going to get a grip of escalating child care costs?

[Nicky Morgan]

I thank the hon. Gentleman very much for his kind sentiments. He will know that the National Day Nurseries Association published research last year showing that the cost of child care had stabilised and was starting to come down. I am sure that he would therefore support our proposals for tax-free child care, which would allow parents to build up credit in accounts, which they could then spend in holidays or in term time as they feel appropriate, in line with the needs of their family.

[Mr Reed]

In welcoming the Secretary of State to her post, may I say that I am afraid she gave a rather complacent response to my hon. Friend? This is not just about the affordability of child care; it is also about its availability, and the Government are failing on that, too. Figures from the Family and Childcare Trust show that the amount of holiday child care to help working parents has halved under this Government—for parents of disabled children the figure is even worse. Will she tell working parents in my constituency what real help this Government are going to give them, particularly as they face the reduction in summer holiday child care availability?

[Nicky Morgan]

I thank the hon. Gentleman for that. As a working parent, I sympathise with all working parents about the availability and affordability of child care. This Government take that extremely seriously. I have mentioned tax-free child care, but we have also introduced shared parental leave and we are increasing child care support under universal credit. It should also be noted that the latest figures show that there are about 100,000 more child care places than there were in 2009.

[Maria Miller (Basingstoke) (Con)]

I welcome my right hon. Friend to her post. As a fellow working mum, she will know that school holidays can be a particularly challenging time for families when it comes to child care. I am particularly interested in her views on how the Government are supporting families with older children, as they can find it especially difficult to find the right sort of support during the summer holidays.

[Nicky Morgan]

May I thank my right hon. Friend very much for her warm welcome? She is absolutely right to say that child care, which can be challenging at all times, can be particularly challenging during the holidays and especially when the six-week holiday period stretches out in front of families. The Government’s tax-free child care policy will extend to children up to the age of 12—it will extend up to the age of 17 for disabled children. That is why it is so very welcome and progress must be made on it—I know that my right hon. Friend the Chancellor is doing that.

[Sir Tony Baldry (Banbury) (Con)]

May I reinforce the comments of the hon. Member for Leicester South (Jonathan Ashworth)? The whole House will consider my right hon. Friend’s promotion very well deserved.

On child care, am I correct in thinking that the Government will cover 85% of the child care costs of about 300,000 families receiving universal credit and are seeking to ensure that work always pays?

[Nicky Morgan]

I thank my right hon. Friend for his warm words. He is absolutely right to say that under the universal credit that my right hon. Friend the Secretary of State for Work and Pensions is introducing, families will be able to receive 85% support with their child care costs, up from 70% under the current working tax credit system?

[Lucy Powell (Manchester Central) (Lab/Co-op)]

I, too, welcome the new Secretary of State to her position today. May I take it from the fact that she is answering the questions that she is now the child care Minister as well as Secretary of State and that despite her expanding ministerial team she has taken on those responsibilities? I am all for flexi-working, but given the challenge our country faces with its child care system I hope that she can focus full time on this issue. As other Members have said, the Family and Childcare Trust and Netmums have shown that the cost and availability of holiday child care are damaging the economy, with 1 million working days lost because parents cannot find or afford holiday child care to fit their needs. What does the Secretary of State say to parents being forced to take time off this summer, during this Parliament, because they cannot get the summer child care they need?

[Nicky Morgan]

I thank the hon. Lady for her warm words. She will be aware, as a fellow working mum, that women are excellent at multi-tasking. Of course, as Secretary of State for Education, I am interested in child care and the whole range of issues that my Department will be dealing with as well as my brief as Minister for Women and Equalities. I look forward to continuing these debates with the hon. Lady, as does the Minister who will be taking on the specific responsibility for child care. She is absolutely right that the holiday costs are very important and that is why we have increased the number of free hours of child care available as well as introducing tax-free child care, shared parental leave and policies on flexible working, all of which I am sure she welcomes.

[Ms Gisela Stuart (Birmingham, Edgbaston) (Lab)]

4. What steps she is taking to support school governors.

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[Shabana Mahmood (Birmingham, Ladywood) (Lab)]

16. What steps she is taking to improve the oversight of schools at a local level.

[The Secretary of State for Education (Nicky Morgan)]

From September 2014, eight regional school commissioners, supported by head teacher boards, will ensure more local oversight of academies and free schools by highly respected local practitioners and leading sector representatives. We have also strengthened the guidance for local authorities on intervening in maintained schools, as well as ensuring that Ofsted inspections use a risk-based approach, with more frequent inspection for those performing least well. The chief inspector has the power to inspect any school at any time where he has concerns.

[Shabana Mahmood]

On Birmingham schools and the Trojan horse affair, will the Secretary of State recognise that improving oversight of schools in Birmingham will require support, trust and confidence from the local communities affected, and will she acknowledge the damage done to that task by the leaking of the Clarke report, which shows, at the very least, that oversight in her own Department could do with some improvement as well?

[Nicky Morgan]

I entirely agree with the hon. Lady. I look forward to working with not only the local community, but local Members of Parliament, who will be critical in getting to the bottom of exactly what has happened. There is absolutely no place for extremist views in our schools, and I will say more about that tomorrow.

[Henry Smith (Crawley) (Con)]

T1. If she will make a statement on her departmental responsibilities.

[The Secretary of State for Education (Nicky Morgan)]

My right hon. Friend the Prime Minister will shortly make a statement on flight MH17, but let me pay tribute in particular to Ben Pocock, a student at Loughborough university who lost his life along with the hundreds of other innocent victims.

I also pay tribute to the achievements of my predecessor as Secretary of State for Education. I believe that he will be remembered as one of the great reforming Secretaries of State for Education. Let me be absolutely clear that I share with him a total commitment to creating an education system that enables young people, regardless of their background, to unlock every ounce of their potential.

[Henry Smith]

I join my right hon. Friend in sending our condolences to the family of the MH17 victim from Loughborough university. I also warmly congratulate my right hon. Friend on her appointment as Secretary of State for Education. Will she join me in congratulating students from Oriel high school, Hazelwick school and Holy Trinity school in my constituency who recently won awards at the STEMfest, which I launched for the third year in my constituency, and does she agree that it is important that we encourage young people to consider science, technology, engineering and maths subjects?

[Nicky Morgan]

I thank my hon. Friend and congratulate those schools in Crawley that took part in STEMfest and my hon. Friend, who is an excellent constituency Member of Parliament, on his continuing support for that valuable event. Such events provide students with an insight to future STEM careers and the importance of STEM to the UK economy. I hope those students who took part will be inspired to continue to study STEM subjects in the next stage of their education and beyond.

[Tristram Hunt (Stoke-on-Trent Central) (Lab)]

May I welcome the right hon. Lady to her new post? I also pay tribute to her predecessor. He was a man full of ideas; they just happened to be the wrong ones, which is why he had to go. After no change on AS-levels, work experience or free schools, will the Secretary of State explain to the House why she is also continuing with the flawed and unpopular policy of increasing the number of unqualified teachers in our schools? When will she make the break and put the interests of parents and pupils above those of Tory party ideology?

[Nicky Morgan]

I thank the hon. Gentleman very much indeed for his warm words. He started off so well, but the theatrics were typical of somebody who took part in the Cambridge Footlights when he was there. I am not going to take lessons from the hon. Gentleman—oh, no! Wait a minute. He does give lessons, as an unqualified teacher, doesn’t he?

[Tristram Hunt]

No change there, so let me try another question. The Government’s rushed curriculum changes risk undermining faith in the examination system, causing confusion for parents and pupils. Ofqual has already warned of greater than normal turbulence in examination results this summer. Is the Secretary of State fully satisfied that her Government’s changes will not compromise fairness and consistency as pupils receive their results in August?

[Nicky Morgan]

I would like to answer that question with a one-word answer: yes. I am not going to take lessons from the hon. Gentleman, because under this Government there are 250,000 fewer pupils in under- performing schools and 800,000 more pupils in schools that are rated good and outstanding. That is the legacy of my right hon. Friend the Member for Surrey Heath (Michael Gove), which I intend to build on.

[Mr Andrew Turner (Isle of Wight) (Con)]

T5. Only one of the six secondary schools on the Isle of Wight, Christ the King, has been judged good by Ofsted. It is massively oversubscribed. Two new schools will open next term, but what is being done to encourage the remaining schools to become good or even excellent schools?

--- Later in debate ---

[Jonathan Ashworth (Leicester South) (Lab)]

T4. Many parents across Leicester, and I dare say across Loughborough too, do not think it unreasonable to expect teachers to be qualified. Why does the right hon. Lady disagree with them?

[Nicky Morgan]

I think the hon. Gentleman ought to ask his own shadow Education Secretary, who himself has been teaching unqualified. Government Members believe that head teachers are the best people to know about the qualifications of those who teach children. We want to look at the outcomes, not to be obsessed always with the structures and the people.

[Nadhim Zahawi (Stratford-on-Avon) (Con)]

Does my hon. Friend agree that it is a national scandal that under the previous Government an estimated 350,000 young people a year were studying for post-16 qualifications that offered no route into stable employment or higher education?

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[Graeme Morrice (Livingston) (Lab)]

T7. The Government’s flagship education policy—free schools— looks like it is fast becoming their greatest liability. When will the Department set out how it will encourage applications from areas with forecasts of high or severe need for additional school places, working with local authorities where appropriate? Will the Secretary of State give a commitment today to a timetable for that to happen, or is she content with business as usual?

[Nicky Morgan]

I thank the hon. Gentleman very much for his question, but the plain fact is that two thirds of free schools have so far been judged good or outstanding. The tremendous policy of free schools is supported by parents, and we will continue with them.

[Philip Davies (Shipley) (Con)]

State boarding schools are the hidden jewel in the crown of the state education system. It would benefit the taxpayer greatly if more service personnel’s children went to state boarding schools, rather than to independent schools. Will the new Secretary of State work with the Secretary of State for Defence to allow greater capital funding for state boarding schools to enable them to expand to take more service personnel’s children?

[Nicky Morgan]

Two of my Ministers will speak to the relevant organisation later today. The Secretary of State for Defence is on the Front Bench, and I will certainly be happy to talk to him further about that.

[Mrs Mary Glindon (North Tyneside) (Lab)]

Local authorities have warned of a £20 million shortfall in capital for the introduction of universal free school meals. What cuts does the Minister expect schools to make to deliver on this Government imperative?

--- Later in debate ---

[Nicky Morgan]

I expect all schools to work closely with their Members of Parliament. I will talk more about this matter tomorrow when I make a statement about the Clarke report. It is not true to say that academies are not subject to oversight. They are subject to more oversight from the Department for Education and the Education Funding Agency than maintained schools.

[Richard Fuller (Bedford) (Con)]

The Secretary of State’s predecessor was not radical enough on free schools. Will she take this opportunity to state unequivocally her support for free schools, and will she bring forward new ideas for a more rapid expansion of free schools across the country?

[Nicky Morgan]

It is always exciting to be tempted to be more radical. My commitment to free schools is absolutely undimmed. I look forward to working with my hon. Friend and Members from all parts of the House to get more free schools up and running.

[Mr Liam Byrne (Birmingham, Hodge Hill) (Lab)]

The Secretary of State will know that I have worked for five months to uncover problems at Park View school. The leader of Birmingham city council has apologised for the city’s role in the historic failures. Will she apologise to my constituents for what Peter Clarke has called the “benign neglect” of Park View since it became an academy two years ago, and will she respond positively to my letter of last week, which called for a new joint director of school standards in Birmingham so that this never happens again?

[Nicky Morgan]

The right hon. Gentleman will have heard my earlier answers in which I said that these matters will be discussed more fully tomorrow on publication of the Clarke report. I pay tribute to the work that the right hon. Gentleman has done. I have his letter and will respond to it.

Qualifications and Curriculum Reform

Baroness Morgan of Cotes Excerpts

Wednesday 16th July 2014 Written Statements

[The Secretary of State for Education (Nicky Morgan)]

I am today announcing next steps on reform of the national curriculum, and consultations on new GCSEs and A levels. We want these reforms to ensure that all young people can achieve their potential, by studying a curriculum and qualifications that support them in progressing into further study and employment, and set expectations which match those of the highest performing countries.

GCSE and A level subject content to be taught from 2016

The Government have already published subject content for GCSEs in English baccalaureate subjects and for the first group of A levels to be reformed.

Today, I am publishing, for consultation, new subject content for a further set of GCSEs and A levels. These subjects will be first taught in 2016. The content for these subjects will prepare students better for further and higher education and employment. GCSE content will provide young people with more fulfilling and demanding courses of study; new A level content will encourage development of the skills and knowledge needed for progression to undergraduate study.

There are two parts to the consultation. The first part seeks views on content which awarding organisations have developed, working with subject associations and other stakeholders. At GCSE these subjects are art and design, computer science, dance, music and physical education. At AS and A level, the subjects are dance, music and physical education.

The second part of the consultation seeks views on content for AS and A levels in modern foreign languages, ancient languages, mathematics, further mathematics and geography. The proposed content reflects the recommendations of the A level content advisory board, which is publishing its reports to me today. Ofqual is consulting in parallel on the assessment arrangements for all these subjects.

This consultation is an opportunity for teachers, further and higher education, employers and all those with an interest in these important subjects to provide their views. We intend to listen to those views in shaping our final proposals.

In September, we will consult on content for the remaining subjects to be taught from 2016, citizenship studies, design and technology, drama and religious studies.

We want the reformed content for the subjects I am consulting on today to lead to more ambitious qualifications with more stimulating courses of study.

In art and design, there is a greater focus on creativity and new emphasis on drawing.

In computer science, students will be expected to develop deep knowledge and understanding of key principles and concepts including data representation, Boolean logic and different data types.

In dance, there is new theoretical content including critical appreciation, knowledge and understanding of professional works.

In music, there are new expectations for performing and composing and for students to apply knowledge and understanding in making critical judgments. At GCSE, students will need to write (as well as read) staff notation and understand chord symbols.

In physical education, rigour has been increased by sharpening the definition of what is expected of students and emphasising the theoretical knowledge needed to underpin physical activity and practical performance.

In modern languages, there is more stimulating A level content with new requirements to engage critically with literary works and carry out independent research, presenting findings.

In ancient languages, the new A level content has increased focus on developing strong interest in the literature, history and culture of the ancient world. Students will be required to read and understand in depth literary texts in the original language.

In mathematics, requirements are specified in more detail and the A level has new emphasis on problem solving, interpretation and testing so that students’ deep understanding of mathematical concepts is strengthened.

In further mathematics, A level content provides greater specification of the areas which need to be covered and new minimum requirements for matrices and complex numbers within the AS.

In geography, A level content provides a better balance between physical and human geography, with new emphasis on fieldwork and geographical skills needed at this level.

The consultation on reformed subject content for these GCSEs and A levels will be available later today at https://www.gov.uk/government/publications. Ofqual’s consultation on assessment arrangements will be available on its website at: http://ofqual.gov.uk.

Publication of key stage 4 English and mathematics national curriculum programmes of study

On 11 September 2013, the Government published the new national curriculum for all subjects except for English, mathematics and science at key stage 4. The Department consulted on the draft programmes of study for key stage 4 English and mathematics from 2 December 2013 to 3 February 2014 and, from 14 May until 13 June this year, on the draft order and regulations that will give effect to the new programmes of study.

I am publishing the final programmes of study for English and mathematics at key stage 4, which will be taught in schools from September 2015 alongside the new English and mathematics GCSEs. Last year, the Government published the new GCSE subject content for English language, English literature and mathematics. It is important to consider these programmes of study in tandem with the GCSE subject content to ensure that the curriculum and qualifications are fully coherent.

We are currently consulting on the key stage 4 science programme of study which will be introduced from September 2016, alongside first teaching of the new science GCSEs.

Copies of the new programmes of study for key stage 4 English and mathematics will be placed in both House Libraries.

Secondary Education

Baroness Morgan of Cotes Excerpts

Thursday 21st June 2012 Commons Chamber

[Michael Gove]

I look very closely at what happens in Finland and other high-performing jurisdictions. Finland is in many respects an outlier, but one of the things that is common to it and to other high-performing jurisdictions is a great degree of rigour in the examinations that students take at the end of their studies. A recent report by Ofqual compares our A-levels with some of the qualifications and examinations that Finnish students sit in their final years at school, which are exceptionally rigorous. However, the most important thing about the Finnish education system is that it attracts and retains the very best people in teaching. That is why the changes that we have made to initial teacher training announced last week are so important.

[Nicky Morgan (Loughborough) (Con)]

The Secretary of State rightly paid tribute to the hard work being done by schools and pupils. Does he agree that it is a great shame that the Opposition have automatically assumed that these proposals are divisive and bad for schools and pupils, not recognising that they are a legitimate way of tackling the problems that employers and universities are telling the Department about?

Oral Answers to Questions

Baroness Morgan of Cotes Excerpts

Monday 18th June 2012 Commons Chamber

[Sarah Teather]

We have sought, and are continuing to seek, a solution with Warrington council that will allow it to proceed with improving the provision for special needs pupils at Foxwood and Green Lane schools, which I understand are the two schools that the hon. Lady is referring to, while meeting the strong demand from parents for the establishment of the King’s school Woolston, a free school. I understand that the council’s executive board is meeting this evening to discuss the free school’s use of two sites, and I am hoping for a positive outcome that will allow the free school to open as planned this September while also enabling the council to take forward its special school plans.

[Nicky Morgan (Loughborough) (Con)]

14. What steps he plans to take to speed up the adoption process.

[The Parliamentary Under-Secretary of State for Education (Tim Loughton)]

The Government have published an action plan for adoption, which aims to reduce delays in adoption by legislating to prevent local authorities from spending too long seeking a perfect adoptive match, by accelerating the assessment process for prospective adopters, and by making it easier for children to be fostered by their likely eventual adopters in certain circumstances. We have also introduced an adoption scorecard to focus attention on the issue of timeliness, linked to a tougher intervention regime.

[Nicky Morgan]

I thank the Minister for his reply. I have written to him twice about two constituents who have been trying desperately to be considered as adopters—not by Leicestershire county council, but by another midlands authority. This authority has consistently thrown up hurdle after hurdle—such as asking for health tests, and raising the issue of lack of child care experience. The latest hurdle involved the lady’s ex-husband and this meant disclosing her address to him because he was apparently needed to give a reference. These sorts of hurdles are only going to slow down the process, so will the Minister assure us all that those hurdles can be got rid of?

[Tim Loughton]

My hon. Friend raises some points that are all too common. I have been deluged with similar stories from other prospective adopters up and down the country. We need to make it absolutely clear that we absolutely welcome people who come forward because they are interested in offering a safe, loving and stable home for a child in care who needs to be adopted. The adoption scorecards have contextualised data on them so that we can see how well local authorities are welcoming, retaining and converting prospective adopters into actual adopters. That provides important evidence to make sure that every local authority welcomes adopters with open arms.

School Funding

Baroness Morgan of Cotes Excerpts

Tuesday 24th April 2012 Westminster Hall

[Andrew Selous]

I am grateful to my hon. Friend for illustrating a problem similar to the one in the bottom part of Bedfordshire. That adds to my argument.

Each child in central Bedfordshire receives £4,658, compared with a child in Luton who receives £5,315 and a child in Buckinghamshire who receives £4,814. A child in Luton gets £657 more and a child in wealthier Buckinghamshire, our neighbour, gets £156 more. Every political party across the spectrum in central Bedfordshire is unhappy about that. The leader of Central Bedfordshire council wrote to the Secretary of State on 25 January to express the views of the whole council on this matter.

[Nicky Morgan (Loughborough) (Con)]

I congratulate my hon. Friend the Member for Gloucester (Richard Graham) on securing this debate.

If my hon. Friend the Member for South West Bedfordshire (Andrew Selous) would like another example, Leicestershire is the lowest-funded local authority per pupil head in the country. One disparity between the county and neighbouring Leicester city—I am sure that hon. Members have examples of a city next door to a county—is that pupils in Leicester get £900 per head more than pupils in Leicestershire. Yet books and teachers’ salaries do not cost any more in the city than in the county.

[Andrew Selous]

I thank my hon. Friend for making that point powerfully, because that is my point, too.

Oral Answers to Questions

Baroness Morgan of Cotes Excerpts

Monday 16th April 2012 Commons Chamber

[Mr Speaker]

The Minister expresses himself, as always, with the eloquence of Demosthenes, but I fancy that Demosthenes was somewhat briefer.

[Nicky Morgan (Loughborough) (Con)]

The Minister will be aware that good careers advice and guidance are critical in tackling this problem. What are the Government doing to ensure that such advice and guidance are embedded in local communities and available to all young people?

[Mr Hayes]

Mr Speaker, you will know that, over the Easter break, while others were enjoying eggs and buns, I was launching the national careers service—a new, all-age service and the first ever in England. It will give impartial, informed, well-researched advice to people on learning, education, training and jobs.

School Transport

Baroness Morgan of Cotes Excerpts

Tuesday 10th January 2012 Westminster Hall

[Nicky Morgan (Loughborough) (Con)]

It is a pleasure to lead today’s debate under your chairmanship, Mr Sheridan. After my question to the Minister in November on school transport, I am sure that he was not entirely surprised to see my name associated with the topic today, and I am pleased that he is here to answer this afternoon’s debate.

If all politics is local, nowhere does that seem to be more true than on the vexed issue of home-to-school transport. My interest in school transport policy arises from the decision of Leicestershire county council on the provision of a bus service to take pupils from the village of Sileby to Humphrey Perkins school in Barrow upon Soar in my constituency. A smaller number of families in Mountsorrel are also affected, but I will particularly focus on Sileby today. The objection in my case arises from the council’s view that the proposed walking route from Sileby to Barrow is safe and the strongly held view of almost everyone else that it is not.

Before I dwell on local matters, I feel duty bound to explore why the Minister and the Department for Education should have an interest in the subject despite the fact that the assessment of walking routes and decisions about the provision of home-to-school transport and on appeals made by affected families are all matters for local authorities. I firmly believe in localism and that local authorities and elected local members should make decisions about school transport routes—as long as they are made fairly and transparently.

National legislation, namely the Education Act 1996, as amended, governs the duties and powers of local authorities in England to provide home-to-school transport. In addition, case law on school transport and “Home to School Travel and Transport Guidance”, published by the then Department for Education and Skills in 2007, contains detailed guidance on the provision of school transport. In March 2011, the Department for Education commissioned a review of efficiency and practice in the procurement, planning and provision of school transport across England. Section 509 of the 1996 Act states:

“A local education authority shall make such arrangements for the provision of transport and otherwise as they consider necessary, or as the Secretary of State may direct, for the purpose of facilitating the attendance of persons not of sixth form age receiving education…at schools”.

The 1986 case of Rogers v. Essex County Council was one of the most significant brought in recent years on available walking routes. In its ruling, the House of Lords stated that for a route to be available within the meaning of the 1996 Act, it must be a route

“along which a child accompanied as necessary can walk and walk with reasonable safety to school”.

A route does not fail to qualify as “available” because of dangers that would arise if the child remained unaccompanied, but the Court also held that a route is available even if the child would need to be accompanied along the route, as long as it is reasonably practicable for the child to be accompanied. Local education authorities can therefore take into account parents’ capacity to accompany their child. Following that judgment, the law was changed so that in considering whether a local education authority is required to make arrangements in relation to a particular pupil, it shall have regard to, among other things, the age of the pupil and the nature of the route or alternative routes that they could reasonably be expected to take.

Hon. Members must forgive me, because I am afraid that I am showing my background as a lawyer, but the history is helpful. In George v. Devon county council 1988, the High Court took the view that

“For an ordinary child whose home is within walking distance, but who applies under”

the relevant section

“a local education authority should consider: the age of the child and the nature of the route which he could reasonably be expected to take; the question should the child be accompanied on the route or alternative routes? If the answer is ‘no’, then normally there”

is

“no case for free transport. If the answer is ‘yes’, then”

the next question is

“whether the nature of the route or alternative routes is dangerous for the child if accompanied. If the answer is ‘yes’, then normally there would be a case for free transport. If the answer is ‘no’, then: the question”

is

“whether it is reasonably practicable for the child to be accompanied. If the answer is ‘no’, then normally there would be a case for free transport.”

Consequently, local education authorities must consider section 509, together with the various legal rulings, in defining their policies on the provision of school transport and the eligibility of individual pupils for free transport. Pupils, parents and families are encouraged to turn to the Directgov website for views on national policy. It states on its home-to-school transport page that

“Safe walking routes are those which usually include road crossings, good lighting and well maintained pavements and footpaths. LAs are required to assess the suitability of walking routes.”

Having set out the national policy background, I will turn to my local issue. Leicestershire county council stated its view on the Directgov approach in a letter to me dated 20 July 2011 from the assistant director of transport:

“‘Safe’ is a very absolute term and it is not possible to guarantee that anything is absolutely safe, so it is an unreasonable stipulation. The law requires that a walking route be ‘available’ for a child accompanied as necessary by a responsible adult and it is this criterion that we apply.”

As I have mentioned, however, a route also has to be reasonably safe, and therefore the dangers of a particular route should be taken into account.

In February 2011, a Leicestershire county council scrutiny review panel reported to the council’s cabinet on the council’s home-to-school transport policy. The panel was asked to consider, first, how available walking routes are assessed and the appropriateness of the current method of assessment, and, secondly, what are known in Leicestershire as “historic exceptions” and whether such services are still justified. Historic exceptions are bus services provided free to children despite the route length being under the statutory distance and despite a route having subsequently been assessed as available for children to walk. Children using services on those historic exception routes will continue to receive free transport until September 2012. The Sileby to Barrow route is not an historic exception.

[Andrew Bridgen (North West Leicestershire) (Con)]

I thank my hon. Friend and neighbour for securing the debate on school transport, which is also a major issue in my constituency. Does she agree that under current guidelines common sense sometimes appears to go out of the window? In my constituency, there have been instances of older children retaining free bus passes, while younger children in the same household are asked to walk to school. Does she appreciate how frustrating it can be when a household is judged to be outside the three-mile limit and gets free bus travel, but the next-door neighbour is judged to be within the limit and their children are asked to walk to school? Surely we need discretion and common sense in such cases.

[Nicky Morgan]

I entirely agree with my hon. Friend. Common sense has been lost as part of the debate and in reviewing the routes. I have exactly the same situation in Mountsorrel, where apparently older children already at the Humphrey Perkins school will continue to receive free bus passes and younger children starting at the school will not.

In undertaking the review, the scrutiny review panel was asked to have regard to the financial, environmental and health implications of any proposed changes to existing policies in the context of the legal obligations placed on the county council. The overall review was conducted as part of the council’s medium-term financial strategy. The panel did not consider the Sileby to Barrow route and nobody with an interest in the route, such as the headmaster, the families or local councillors, was asked to give evidence to the panel. In reaching its conclusions, the panel decided that the width of a footpath and the lighting of a route did not need to be considered when a route is assessed, which is where common sense has gone out of the window.

In May 2011, parents of pupils in Sileby and Mountsorrel due to start at Humphrey Perkins school in September 2011 were written to and told that free school transport would be available for their child. Imagine their surprise, and the surprise of the head teacher, who also knew nothing about this, when in late June last year they and the families of children already receiving free transport, because the route was deemed to be unavailable, received a letter saying that that would no longer be the case and that because they lived less than three miles from the school and there would now be an available walking route, they would not be eligible for free transport and instead would have to pay for a school bus service. It was at that point that a campaign group was formed and I was made aware of the problems that the 53 parents in Sileby face.

[Annette Brooke (Mid Dorset and North Poole) (LD)]

I congratulate the hon. Lady on securing the debate. We have many problems in Dorset, and I want briefly to share some similar stories. I consider age to be a vital factor, in so far as a 13-year-old would not wish to be accompanied, so it is not a matter of the availability of somebody to accompany them. A rural lane with fast traffic is incredibly unsafe. I hope that she will expand on the point that notifying parents at the last possible moment or halfway through a sixth-form course, given that a choice will have been based on previous information, is unacceptable.

[Nicky Morgan]

I entirely agree with my hon. Friend and congratulate her on the early-day motion on the topic, which has been signed by hon. Members from across the House. She is right that the safety of routes has not been considered and another frustrating point is the manner in which notifications have been sent out.

As I have said, a campaign group was formed in Sileby. To cut a long story short, the council admitted shortly afterwards that insufficient notice of the change had been given. The decision to withdraw transport was postponed for a term, and I was promised that a new assessment of the route would be conducted once the clocks had gone back in the autumn.

Why do we all consider the route to be dangerous? My hon. Friend the Member for Mid Dorset and North Poole (Annette Brooke) has mentioned some of the dangers of such routes, but much of the Sileby to Barrow route has a footpath on only one side of the road, so that children—and adults—returning from school have their back to oncoming traffic. The footpath is narrow and there are several pinch points where everyone has to walk in single file—we are talking about 11-year-old children not messing about on the way to and from school. The speed limit along the road is 40 mph, and it is regularly exceeded. There are industrial estates, a deep ditch and a conveyor belt for a nearby quarry. The road is also so narrow at points that if two large vehicles pass each other the wing mirrors overhang into the footpath at head height.

Alas, the promise to wait for the next assessment to be conducted after British summer time ended and before any further decisions were taken was not fulfilled, and parents received further letters in October to say that as the necessary cutting back of vegetation had now happened along the walking route the free bus service would no longer be offered to them from this month. Meanwhile, despite my urging the county council to work with the school to examine alternative services, no contact was made with the headmaster between July and late October 2011. The council has since then had contact with the school about an alternative service, but that would be at almost double the cost of the service now procured by the headmaster. The council has also indicated that, when the school becomes an academy, home-to-school transport will no longer be its concern. I hope that the Minister can address that point. On a practical level, today, on the second day of term, the service for children living less than three miles from the school has been withdrawn, and some will now be using the train to get from Sileby to Barrow. I expect that others will be driven to school, which will increase congestion, and some will walk that route.

The walking route that some children will have to use remains, in my opinion, highly dangerous and therefore not “available” as the legislation requires, because even an accompanied child cannot walk along it with reasonable safety. The real question for us, as a national legislature, is whether the national legislation and guidance reflects the realities of modern Britain, or whether the safety of our children is at risk, when a route can be deemed to be available when it is clearly unsafe.

[Priti Patel (Witham) (Con)]

Does my hon. Friend agree, having touched on the safety of children going to school, that parents of children with special educational needs, in particular, are deeply worried? A case of mine concerns Melanie Green, whose 7-year-old son Aaron Green is given no support in going to school. I would welcome it if the Minister were to look at that case. In modern Britain, with our children’s changing needs, the area in question is one that must be considered thoroughly. Local authorities in particular must pay more attention to it.

[Nicky Morgan]

I entirely agree. I am sure that the Minister has heard and will hear representations about the particular case that my hon. Friend has mentioned. She is right about the need to return to a common-sense approach and consider the needs of individual families, whether it is the parents or pupils who are affected. There are parents with disabilities who cannot accompany their children to school, because they just do not have the physical ability to do so, yet somehow they are deemed to be able to accompany their children. This is a huge issue for many hon. Members, across the House, and I am glad to have the opportunity to allow them to express their frustrations and views today.

[George Freeman (Mid Norfolk) (Con)]

Does my hon. Friend agree that at the heart of the question is the issue of one size not fitting all, and legislation not working in rural areas in the same way that it does in urban ones? In cities, many of us will have seen happy gangs of schoolchildren walking and cycling safely to school in a morning. In rural areas, increasingly both members of couples are working, and at rush hour families who commute are affected by the cost of fuel and the higher speed of traffic. There is much more traffic on rural roads, and many people in mid-Norfolk live more than two or three miles from a local school. School rush hour in rural areas is a real problem. Norfolk now provides 24,000 free journeys a day, which has been described as the tip of the iceberg. That is a problem across rural areas, and I urge the Minister to see whether the criteria can be reviewed to take account of the important change that has taken place in the past 40 years.

[Nicky Morgan]

My hon. Friend is right. He is concerned for parents, I am sure, across the country, but rural areas are particularly badly hit. My constituency example involves two villages and the route between them, which is rural and unlit. I shall discuss working hours as well, and I am sure that the Minister has taken my hon. Friend’s comments on board.

As I mentioned at the start of the debate, the Leicestershire county council test is that

“a route is available if it is a route which a child, accompanied as necessary, can walk with reasonable safety to school.”

We have talked about the reasonable safety point, and I will not labour it, in view of the time, but I want to deal with the question of the child being accompanied. To assume that children will be accompanied is surely to ignore the reality of much of family life—many parents now work—and the way in which the school day interacts with the working day. To walk three or more miles to a school will take an adult at least 45 minutes. When I walked the Sileby to Barrow route with the head teacher, the local PCSO, a parent, the leader of the county council and local councillors, it took us more than an hour, and we had no children with us. The policy therefore assumes that the relevant adult has between three and four hours spare walking time a day to accompany the child. Clearly that is totally unachievable.

My example in Leicestershire is not an isolated one. The Campaign for Better Transport has revealed that 38% of councils are reviewing or cutting transport to faith schools, and 46% are reviewing or cutting transport to schools other than faith schools. I fully understand the need to make savings in light of the appalling economic legacy left by the previous Government and the tough choices that that means for our local authorities, but there are some changes in services that have potentially devastating consequences.

I want to ask the Minister to address the following points: first, will he update the Chamber on the progress made on his Department’s review of efficiency and practice in the procurement, planning and provision of school transport across England? Depending on the stage that has been reached, will the review team consider how the safety of travelling children is being assessed by councils?

Secondly, will the Minister, perhaps in conjunction with the Department for Communities and Local Government, consider whether there is scope for issuing advice or guidance on how local authorities should handle decision making around the withdrawal of transport services? In particular, I think there should be advance consultation requirements, minimum notice periods and an obligation on local authorities to work with schools and colleges in relation to the provision of alternative services before services are withdrawn or fundamentally changed.

Thirdly, what is the position of those schools that become academies? Does conversion mean that an LEA is relieved of all its obligations in relation to home-to-school transport?

Finally, will the Minister, perhaps as part of his consideration of the responses to the review, consider whether the time has come for a clearer statutory test on whether a route is or is not available? In particular, is it time to drop the assumption that children will be accompanied, and should not child safety be considered above all other factors when considering whether a walking route is now available?

I am grateful to all the hon. Members who have attended today for their attention and for their support.

Oral Answers to Questions

Baroness Morgan of Cotes Excerpts

Monday 21st November 2011 Commons Chamber

[Michael Gove]

First, I say to the right hon. Gentleman that if the head teacher in his constituency is coming up for retirement, she will be pleased to know that, under the coalition Government’s proposals, she will be not be affected by any change to her pension whatsoever.

[Nicky Morgan (Loughborough) (Con)]

T2. Leicestershire county council is currently reviewing the availability of school walking routes, including the one to Humphrey Perkins high school from Sileby to Barrow in my constituency. The county council considers that route to be reasonably safe, but the head teacher, the parents, the pupils and I do not. Will the Minister tell me the Government’s view on when safety becomes more important than the simple availability of a route?

[The Parliamentary Under-Secretary of State for Education (Tim Loughton)]

I am aware of my hon. Friend’s interest in this issue. I recently met the Under-Secretary of State for Transport, my hon. Friend the Member for Lewes (Norman Baker), with another hon. Member and one of his councillors who were raising the same point. I simply point out to my hon. Friend—I am very sympathetic to this point—that local authorities are under a duty to make travel arrangements where the nature of the route to school is such that the child cannot be reasonably expected to walk in reasonable safety. Councils should not be re-designating roads without having done a safety check, and we should be asking some questions.

Oral Answers to Questions

Baroness Morgan of Cotes Excerpts

Monday 17th October 2011 Commons Chamber

[Mr Speaker]

Order. The Secretary of State will resume his seat. He will answer questions on matters for which he is responsible, not on other matters. I have made the position clear, and no dilation from the Secretary of State is required.

[Nicky Morgan (Loughborough) (Con)]

T5. My right hon. Friend will be aware that so far two secondary schools in my constituency have become academies, and that a further two are applying to do so. However, one of those schools has run into problems because it runs a nursery. Rawlins college tells me that it has received unclear advice from his Department on the best way for the nursery to be constituted, which must be sorted before the college can become an academy. Will he agree to assist me in finding the most effective solution to this problem, so that Rawlins can hit its preferred conversion date of 1 November?

[Michael Gove]

I shall do everything in my power.

Oral Answers to Questions

Baroness Morgan of Cotes Excerpts

Monday 11th July 2011 Commons Chamber

[Sarah Teather]

I am very aware of the difficulties that many families face in accessing suitable child care, which is one of the reasons why we announced last week that we will consult on a more flexible arrangement for adopting the free entitlement so that families can access it a little earlier and a little later in the day, for example. That is exactly why we extended the free entitlement to 15 hours.

[Nicky Morgan (Loughborough) (Con)]

T1. If he will make a statement on his departmental responsibilities.

[The Secretary of State for Education (Michael Gove)]

I am delighted that my Department, following extremely hard work by the Minister of State, Department for Education, my hon. Friend the Member for Bognor Regis and Littlehampton (Mr Gibb), and our behaviour adviser Mr Charlie Taylor, has today published new behaviour guidance, which is significantly slimmer, and more focused and effective. It has been widely welcomed by teachers as at last getting to grips with the indiscipline in some of our weakest schools.

[Nicky Morgan]

I thank the Secretary of State for his answer. He recently mentioned that there were about 200 failing primary schools in this country, which is a shocking statistic. Although there is no list, I believe that Shelthorpe primary school in my constituency is one of them. When judging whether a school is failing, what allowances are made for pupils with moderate learning difficulties, cases of social deprivation, cases involving social care and the number of free school meals? Also, the school’s head teacher has asked me to invite the Secretary of State to visit the school.

[Michael Gove]

I am grateful for my hon. Friend’s question. We specifically take into account not just raw attainment, but the progress that children are making in school to ensure that any judgment is properly contextualised. The 200 weakest schools are those that have been below floor standards for five years. Let me be clear: that means that more than 40% of students leaving those schools over the previous four years have been incapable of reading, writing or adding up to an acceptable level. We absolutely need to take action where schools are failing and where communities are aware that those schools are not performing as well as they should be. I hope that Members on both sides of the House will recognise that such action is necessary.