Academies Bill [HL]

Baroness Walmsley Excerpts

Tuesday 6th July 2010 Lords Chamber

[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.

[Baroness Walmsley]

My Lords, I support the amendment, although I did not get round to adding my name to it, for which I apologise to my noble friend. The amendment is one of the best that we see on Report because it evolved from an amendment—I think Amendment 4—that my noble friend tabled in Committee. The Minister pointed out that, if my noble friend’s initial amendment were carried, no academy could be formed if there was to be any effect on any school in the local area, whether good or bad. My noble friend’s amendment has evolved to enable the Secretary of State to take into account whether any good local schools will be adversely affected by the creation of a new academy.

My noble friend’s amendment is particularly important given that government Amendment 30, which is about consultation, refers only to existing schools converting into academies and not to brand-new schools. When a brand-new school is introduced, the local community will have to rely on the common sense of the Secretary of State to make sure that that school does not take all the pupils from other perfectly good schools in the locality.

My noble friend’s amendment comes out of his experience in Suffolk, which I think he mentioned in Committee. I, too, have been approached by one of my honourable friends in another place, Mr Don Foster, the Member of Parliament for Bath. He has had similar problems with an academy that was created under the Labour Government and is having an effect on very good schools locally. Of course, we must not underestimate the effect of the view that the grass is greener on the other side of the fence. A new school, which seems to offer something novel, especially if it has a shiny new building, could well take pupils from other schools that really do not deserve to lose them. The amendment would give the Secretary of State the discretion that he requires, in the Bill, so that we can all be reassured that he will take these matters into consideration when looking at an application.

[Baroness Morris of Yardley]

My Lords, I support the amendment. The point has been well made by noble Lords on both sides of the House that there needs to be an element of planning. I suppose that it is for the Minister to make a decision about whether his Government spend money on surplus places or on building schools for the future. It is interesting that one day there is no money for the Building Schools for the Future programme and the very next day, from the same department, there is money to fund surplus places. Surplus places cost money and do not contribute to standards.

I want to raise a slightly different point, which I do not think has been mentioned so far. I should like an assurance that the Minister understands the impact of a new school on another school that might already be doing a good job of raising standards. I start from the premise that it is not only academies that will raise standards; many good schools that do not have academy status are already on the journey of turning round underperformance. They are in a fragile state but are improving—going from failing and underperforming to being successful does not happen overnight. During that important period, when they have good leadership and are changing their reputation within the community, and when parents are understandably nervous but are restoring their confidence in those improving schools, they need a bit of protection. I worry that if an academy opens with a blaze of glory, with new money from the Building Schools for the Future programme, as was indicated yesterday, that will undermine the progress that the school makes.

I am not in the business of defending failing schools—I have done my share of closing failing schools and replacing them with either maintained community schools or, indeed, academies. However, I am in the business of trying to support and nurture schools that have put in a lot of effort and are now improving. Quite honestly, if surplus places are built into a local system, it will not be the schools that are already strong and successful that are damaged but those that have already had a lot of state intervention and support and are on the journey to becoming good schools. I should like to hear the Minister’s comments on that aspect of the amendment. It is an excellent amendment and I look forward to supporting it.

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[The Deputy Speaker (Lord Geddes)]

My Lords, to the best of my knowledge, the amendment proposed is on page 1, line 8.

[Baroness Walmsley]

My Lords, I support my noble friend’s remarks. The Minister will, I hope, recall that I asked him in a private meeting last week about the ready reckoner on the department’s website. I pointed out that our colleagues in York told us that if several schools in York applied to become academies, they would get more money than the whole of York local authority for the same services. Have the Minister and his officials had the opportunity to check the ready reckoner? When local authorities find themselves in situations like this, some of them will be left thinking that they will not just be left with no money, but that they will be left with a negative amount. I am sure that the Minister does not intend that. Therefore, I wonder if he can explain.

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[Lord Hunt of Kings Heath]

My Lords, I shall speak also to my Amendments 5 and 7. Primary schools are always a matter of particular interest and certainly were to your Lordships when we discussed them in Committee. A number of concerns were expressed on this side and other sides of the House about the potential rapid conversion of hundreds of primary schools to academy status. I make it clear that my raising these matters is not born out of any objection to allowing the freedoms being granted to existing academies to be extended to primary schools; more, they come from some very practical considerations, stemming often from their relative size and community location of those schools.

In Committee, my noble friend Lady Royall raised a number of important points about the implications of the Bill for primary schools. She referred to the comparatively small size of many primary schools and to their potentially increased overheads. She said that the resources for shared services could be swallowed up by the extra administrative costs that would have to be borne one way or another. My noble friend also warned that many primary schools would have less capacity to budget and plan for the future. Other noble Lords also made those points in our debate.

Today's earlier discussion on the financial arrangements and the uncertainties there are at the moment reinforce that point. Thinking of primary schools and of the limited managerial capacity that one often finds in those schools, one can only worry at the burden that is likely to be placed on the head teacher and the governing body, and the responsibility that is likely to be put on them.

My understanding from local authorities is that the most dependent group of schools that rely on their advice and support are primary schools. The vast majority of their schools are community schools. They will not have had even the experience of being foundation schools in managing the enormous range of responsibilities that would come with academy status. There is a real issue of capacity here. We know that most secondary schools employ a range of staff to deal with the increased administrative requirements placed on them. Often, in many primary schools, there is only one school secretary and the head teacher. One also has to think in terms of public finance and the appropriate monitoring and spending of those moneys

There are also some real practical issues. What would happen, for instance, if a primary school developed a serious structural fault or there were fires on school premises? The normal first port of call for primary schools at the moment is the local authority, which would step in. My understanding is that once a school becomes an academy, Department for Education advice states that it would expect schools facing such problems to take out loans. But could some of the smaller primary schools really be able to take that risk and afford the repayments, even if they could get a loan in the first place?

We know that most primary schools depend on the local authority to pick up the cost of redundancies, employment tribunals and legal costs associated with challenges over accidents and similar incidents. Would smaller primary schools even be able to find the cost of insurance to cover this, when the department's own website states that for most schools the cost of insuring would be “between £60,000 and £100,000”? Add to that the cost of purchasing legal and personal advice commercially.

There is another concern about the immediate conversion of primary schools to academy status. A great deal of work has been done over the years in managing the process of transition from an early years setting to the first year of primary school. I hope that the review of the early years foundation stage announced by the Government will not reverse that very good work. But the reality is that the overlapping responsibilities between early years settings and the children's trusts—the abolition of which would cause concern on this side of the House—raise concerns about the number of childcare and early years settings sited with primary schools which, if they then move to academy status, could have major consequences. The problem is that we have so far seen little evidence that any serious thought has been given to those consequences.

I know that the Minister is being extremely helpful in our debate, but I was disappointed with his response. He acknowledged the importance of the matters that have been raised and said that he understood some of the concerns. He said that he was committed to thinking through the practicalities raised by noble Lords in Committee. But in the end, he gave no comfort to those of us who think that the practicalities ought to be dealt with first before primary schools become academies.

Our Amendments 3, 5 and 7 seek to remove primary-only schools from the Bill entirely. This is done for reasons of practicality. Of course, if the Government are determined to find a way in which to make the academy programme applicable to primary schools, why do they not do some preparatory work, look at the issues and return with proposals at a later date? They have undertaken to bring at least one other education Bill during this Session of Parliament. Surely, that would give them time to prepare some fully worked-through proposals.

I know that the other amendments in this group seek variously to delay the introduction of primary academies, which would obviously give the sector and the noble Lord’s department time to work through some of those issues. We would certainly support those amendments, should our own amendments not succeed.

[Baroness Walmsley]

My Lords, I think that the noble Lord meant to refer to Amendments 3, 4 and 7, because I now speak to Amendment 5, which is in my name.

We on these Benches do not favour a complete ban on primary schools. However, as the Minister knows, we have considerable concerns as we feel that the issue of primary schools should be approached with considerable caution and careful thought. I leave my noble friend Lady Williams to speak to Amendments 22A and 24, which set out our ideas, briefly referred to just now. Amendment 5 paves the way for one of those measures, which is to allow schools to apply as groups. Clause 1(5) says:

“The undertakings are … to establish and maintain an independent school in England which … has characteristics that include those in subsection (6)”,

and so on. My amendment would change that to say that,

“the undertakings are … to establish and maintain an independent school or group of schools in England”.

It is a very small amendment, but it paves the way to the idea that my noble friend Lady Williams will address in a moment that we should perhaps encourage primary schools to apply as a group or federation rather than a single school.

[Baroness Williams of Crosby]

My Lords, as the Minister knows, we have given careful thought to the whole issue of primary schools, and I am grateful for what the noble Lord, Lord Hunt, had to say about it, with which I very much agree. Primary schools have about them a number of characteristics that are simply nothing like as typical of secondary schools. Many of them are relatively small schools in rural areas, and 25 per cent of the population of primary school children in England and Wales attend 75 per cent of the number of schools. In other words, there are a great many very small schools in small towns in rural areas, which no less than 25 per cent of all our schoolchildren attend between the primary school ages. Secondly, of this group of schools no less than one-third are either church voluntary or church-controlled schools, mainly Anglican but some Roman Catholic and others of other denominations. That is a factor about primary schools that is far more significant than would be the case with secondary schools.

Furthermore, as the noble Lord, Lord Hunt, implied—and we have tried to indicate on this side of the House that we share his view—primary schools are often at the heart of the community, the centre of civic life and the place where people meet to discuss things, where they feel themselves drawn to support the school. At a time when schools will need more support—among other ways, financially—that is a very crucial asset that should not be easily put at risk. I suspect that many noble Lords other than myself spend a certain amount of time attending school fetes and competitions and this and that, which all help to contribute some money to the financial needs of the school.

In addition, as briefly said by the noble Lord, Lord Hunt, primary schools are peculiarly dependent on local authority support, whether for SEN, management issues, financial issues or simply to deal with a very difficult governor or parent. As chairman of the judges of the Teaching Awards, which I declare as an interest, I have repeatedly been approached by primary school heads who talk about the support of their local authority and say how important it has been to them. That is not something that I have tried to elicit from them; it is something that they freely mention themselves, over and again. That is even truer if the school is small, isolated or on its own.

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[The Deputy Speaker (Lord Geddes)]

I call the noble Baroness, Lady Walmsley, to move Amendment 6.

[Baroness Walmsley]

I am sorry, but I thought that we would now move on to the next business.

[Lord Hunt of Kings Heath]

I am sure that the Government will help us, but I think we are now stopping our discussions on this Bill.