Free Schools

Bill Esterson Excerpts

Tuesday 19th November 2013 Westminster Hall

[Ian Mearns]

I am grateful to my hon. Friend for making that point.

Although the Department for Education, Ofsted or any other inspectorate should be absolutely sure of its facts before going public, the time delay is worrying. The worrying precedent is that in those cases we have had to rely on whistleblowers—had they not been stripped of powers in relation to free schools, local authority officers would be uncovering failures. The EFA and Ofsted obviously do not have the required infrastructure, and are therefore not currently up to the job.

[Bill Esterson (Sefton Central) (Lab)]

I congratulate my hon. Friend on securing this debate. He makes a crucial point on the role of local authorities. Does he agree that one of the big problems in our school system is that local authorities are responsible for the education of all children but have absolutely no power to intervene in very serious cases such as those that he describes?

[Ian Mearns]

My hon. Friend makes a crucial point. The Minister could reassure hon. and right hon. Members in the room today, and members of the public outside, that local authorities should be given at least a temporary ability to intervene because of the concerns raised in three of the 174 free schools.

The alleged serious financial mismanagement at Kings science academy also extends to the school’s land lease. The Yorkshire Post revealed that a company owned by a vice-chairman of the Conservative party, Alan Lewis, is to receive some £6 million over 20 years, or £300,000 a year, to lease the land on which the academy was built. Particularly in the absence of local authority oversight of free school finances, it seems that there are what some might call beneficial deals for some at the expense of the public purse.

The plot thickens. According to the BBC, there was “a forensic investigation” earlier this year:

“The school was paid a £182,933 grant when it opened in September 2011. The EFA investigation found that £59,560 of payments were not supported by any evidence of payments being made, and £10,800 of this was supported by fabricated invoices for rent.”

More recently, it was found that an independent panel had fined the school £4,000 for failing to reinstate an excluded pupil. I am sure many colleagues on both sides of the House will agree that that is not how public money should be spent—it is not aiding the education of any child. That £4,000 is money that could, and should, have been spent on front-line education services.

That appalling level of financial mismanagement is even more concerning as it is public money. The coalition Government like to stress the importance of sound public finances, but oddly enough, their flagship education policy seems to have free rein on the use of public money.

An investigation into E-ACT—which, according to its website runs 34 academies and free schools from Dartmouth to Leeds—by the EFA revealed that a total of £393,000 was spent on “procedural irregularities,” including consultancy fees, breaking E-ACT’s own financial rules. The investigation also found that expenses indicated a culture of “prestige” venues, large drinks bills, business lunches and first-class travel, all funded by public money. “Extravagant” use was made of public funds for an annual strategy conference, at a cost of almost £16,000. Monthly lunches took place at the Reform club—I would like to go there some day, as I have never been—a private members’ club in London, with the public purse paying the bill for that excess. Boundaries between E-ACT and its trading subsidiary, E-ACT Enterprises, became “blurred.” A number of activities undertaken by the subsidiary were paid for with public funds. E-ACT, one of the largest chains of academies, was finally issued with a notice to improve by the EFA, so E-ACT lost Sir Bruce Liddington, its chief executive and former schools commissioner for England who, it is believed, was paid some £300,000 in 2010-11.

Barnfield college in Luton, part of the Barnfield Federation, which includes Barnfield Moorlands free school, has come under scrutiny for its educational practices. The concerns include grade massaging, as well as how the school treats its learners. The Barnfield Federation mantra, according to its website, is:

“One purpose. One team. One standard.”

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[Ian Mearns]

My hon. Friend makes a crucial point. Some free schools have not been established in areas where additional places are required or where a significant number of schools are failing and need to improve—to get a kick up the backside, as it were—but in areas where neither of those criteria has been met. There is really no educational rationale for the existence of those schools; this is an ideologically driven policy.

[Bill Esterson]

My hon. Friend said money is taken from other schools in the locality to set up free schools. Does he agree, however, that the £1 billion overspend on the free schools and academies programme has a much wider impact on the education of children, because it takes away huge resources across the country? That is an extremely worrying consequence of the programme.

[Ian Mearns]

My hon. Friend makes a crucial point. Every pound spent on one item cannot be spent on another—that is simple economic opportunity cost. If we as a country indulge ourselves in establishing a relatively small number of these schools, the opportunity cost is that the money cannot be spent on the educational opportunities of millions of other children.

If you will indulge me, Mr Gray, I would like to look at other elements of free school admissions policy. Recent research suggests that the majority of the first wave of free schools did not take their fair share of disadvantaged pupils. The vast majority took lower numbers of children on free school meals, compared with local borough and national averages. That not only underlines the idea held by some that free schools are the preserve of a privileged few—set up by the few to serve the few and not the many—but exposes how schools can use the dilution of admissions policy that the Secretary of State has overseen.

I know the importance of good governance and the impact it can have on the direction of schools. There must be robust, independent oversight of schools if they are to flourish and if we are to be sure that the children in them are getting a good-quality education and that public money is being spent in the best way. I can speak from experience, having been a school governor for more than 30 years, as well as the chair at a once underperforming school in my community. I am sure that many of my hon. Friends are, or have been, governors in schools in their communities, and they will be well aware of the role’s importance.

We cannot afford to let the scandals in free schools damage and undermine the reputation of school governors or governance. More importantly, we cannot let poor oversight of free schools distract us from ensuring that all children receive a high-quality education from properly qualified teachers. All parents and pupils need to be able to trust their school, and, as institutions that spend public money, free schools are no exception.

In “Academies and free schools programmes: Framework for assessing value for money”, an eight-page document published on 8 November, the Department says that value for money is based on the consideration of three key elements:

“Economy: minimising the cost of the inputs needed to deliver a service; Efficiency: maximising the service output delivered with those inputs; and Effectiveness: maximising the impact of the service on outcomes for those who use it.”

Referring to outcomes, it talks about assessing

“how educational outcomes are improving and the consequential economic and social outcomes that occur over the longer term.”

I am pleased that educational outcomes are at least mentioned, but the document raises a number of questions, which I would like the Minister to answer, if he can, when he sums up. What has been the total cost so far of free schools—including capital costs, revenue costs and the hundreds of thousands of pounds given to the New School Network? What measures are in place to measure outcomes in value-for-money terms? How many free schools are under scrutiny for financial or educational reasons, and how many have received warning letters? The final question, which has a very clear answer, is: can we afford the financial and educational cost of this ideologically driven policy? I am not sure that the answer is yes.

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[Mr David Ward (Bradford East) (LD)]

I congratulate the hon. Member for Gateshead (Ian Mearns) on securing this important debate, which has identified the need for a pause for thought on the due diligence processes that apply prior to the opening of free schools. I will talk about the case that I know best, the Kings science academy, which is relevant to today’s debate because The Daily Telegraph hailed it in September 2011 as coming closest to the Prime Minister’s vision of what a free school should be.

Many would agree—I certainly do—with greater freedoms for our publicly funded schools around the curriculum, staffing, opening hours, holidays and so on. Those would be generally acceptable to many people across the political divide; many of us are up for it. However, what else would the Minister deem acceptable in the name of freedom? How far can schools go?

At the Kings science academy, a principal with no experience even as a deputy, let alone a head teacher, was appointed without an interview. Is that acceptable to the Minister? Prior to the new build, £460,000 was invested in temporary accommodation at an old school of which the principal’s father was a trustee. Is that acceptable? Insurance was paid on the school—a temporary provision—to an insurance company set up by a trust of which the principal’s father was a trustee. Is that acceptable? The principal himself was shown to be a director of that insurance company, although he claimed that that was a mistake. Is that acceptable?

A benefactor—more correctly referred to by the hon. Member for Gateshead as a beneficiary—called Alan Lewis, who happens to be a vice-chairman of the Conservative party, provided a site containing warehouses that were largely derelict and empty, but then received £10 million-worth of public money to build the new school. We have now heard that he will receive £6 million over a 20-year period, after which the building reverts back to his sole ownership. That same person, at the time of the negotiations on the lease payments on the new building, was chair of the governing body. Is that acceptable to the Minister?

An accountants’ report in the summer of 2012—the accountants brought in were those of, guess who, Alan Lewis—identified widespread financial irregularities dating back as long ago as the period before the school’s opening, but the Education Funding Agency did not send in the external assurance team until a scheduled visit took place in December 2012. It waited for a scheduled visit! Is that acceptable to the Minister?

[Bill Esterson]

The hon. Gentleman is describing a disgraceful and worsening litany of what has happened at the school in his constituency. Is there a way of providing oversight that would avoid all those terrible things that he is describing?

[Mr Ward]

My great concern is that the oversight is not wanted, because were it in place, it would ask the awkward questions that people do not want to answer. We do not see what we do not look for.

An internal audit investigation team at the beginning of 2013 concurred with the accountants’ report—by now six months old—and identified fraudulent claims for Department for Education funding; the appointment, without interview, of the principal’s mother, father and sister as school staff; payments to the principal of pension contributions due to the Teachers’ Pensions agency, claimed from the DFE; and much more. Yet the principal was not suspended. Is that acceptable to the Minister?

Thanks to John Roberts at the Yorkshire Post, we know that the DFE is blaming an administrative error for the failure of the police to investigate, when only a week before the Department had claimed that the police had decided not to investigate. Is that acceptable? When told by the police that they did not have enough information to proceed with an investigation, the DFE failed to send them the full and damning audit report. Is that acceptable? We were told that the police did not get the audit report, because they did not ask for it. The audit report, available in May 2013, was not published until 25 October, just before the broadcasting of a critical “Newsnight” investigation into the school. Is that acceptable?

When the DFE was questioned about what action it intended to take following the publication of the report, the Department replied that—wait for it—the school had launched its own investigation and that any disciplinary action was a matter for the school. Is that acceptable? In answering that particular question, will the Minister bear in mind that the principal’s brother is on the disciplinary committee?

My questions are not rhetorical; they require answers. Are those things acceptable? Is that the level we have fallen to in terms of accountability? Finally, if all those things are acceptable in the name of freedom, will the Minister tell me just how corrupt a free school has to be to be unacceptable?

How many more schools are like the one I have been talking about? Are we talking about the tip of an iceberg? Earlier, the hon. Member for Hendon (Dr Offord) talked about a wonderful school with great governance arrangements, but, in truth, how do we know? We know clearly from the Kings science academy that when matters were wrong and wrongdoing was taking place day in, day out, they did not come to public attention. We simply do not know the answer to the question of how many more such schools there are, but it makes you think, doesn’t it?

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[Mr Timpson]

Every school is free to decide the right ratio of pupils and staff, whether it is a special school or a particular type of school. If the result is that those children are achieving high-quality standards of education, that is a good outcome.

The hon. Member for Cardiff West, with his usual “Morecambe and Wise” approach to such debates, asked some serious and specific questions, particularly about correspondence in the Al-Madinah case. He asked whether there had been any correspondence from the police on Al-Madinah before it opened. I am not aware that there has been any correspondence, but I will make further inquiries and endeavour to write to him in the usual way. He also asked about the Barnfield Federation in Luton and the publication of investigation reports. We have a commitment to publish investigation reports, but we have to publish them at the right time. In the case of Kings science academy, for example, that was when the disciplinary action was complete. It is worth remembering, of course, that Barnfield is not only a free school, but a multi-academy trust. Nevertheless, the commitment remains, and it will be done with due diligence and in a timely fashion.

In terms of where the oversight continues with free schools, we do not back away once a free school opens. First, and most importantly, every free school is inspected by Ofsted under the same section 5 inspection criteria applied to every maintained school and academy. We know that there is no sharper tool available to us in securing proper scrutiny of schools than Ofsted, so it is essential that every free school is inspected.

Inspections typically take place in the school’s second year of opening. Before their Ofsted inspection, free schools will receive at least two visits by the Department’s education advisers, who are individuals with a proven track record of delivering school improvement. Those visits, which take place in the school’s first and fourth terms, allow us to ensure that the schools are delivering a high standard of education.

In the overwhelming majority of cases, free schools and academies succeed and standards rise, but the Department is not short of options should they fail. When there is sustained poor academic performance at an academy, Ministers can issue a warning notice to the relevant trust, demanding urgent action to bring about substantial improvements.

A question was asked about the number of warning notices sent by the Secretary of State. One warning notice has been sent to Kings on finance—it is the only one—and there are no notices to improve on education. Ultimately, failure to improve can lead to termination according to the provision set out in each trust’s funding agreement.

[Bill Esterson]

Is the Minister aware of a survey of free school parents in London who want local authority involvement in the oversight of free schools? Are those parents right or wrong?

[Mr Timpson]

It is welcome that parents are involving themselves in the setting up and running of free schools. In terms of oversight of those free schools, there seems to be confusion on the Opposition Benches about what exactly the involvement of the local authority should be. On the one hand, the shadow Secretary of State for Education wants to put rocket boosters under free schools, and on the other, the Leader of the Opposition seems to want to go in the opposite direction. Some clarity on exactly where they stand on the issue would be helpful.

We can all agree that driving up the quality of standards of education for our children has to be a key priority. The Government believe—and have been backed up by parents who have come forward, despite sometimes difficult opposition, to help set up many free schools; many more are in the pipeline—that free schools provide better choice, better value, strong accountability, and ultimately better standards, which has already been borne out by what we have seen in the past three years.

We know that that great reformer of education, Lord Adonis, got it right when he said that free schools are a

“powerful engine of equality and social mobility”.

We hope and trust that many more children will benefit from such opportunities in the years ahead. We would welcome any parents who want to come forward, particularly in Gateshead and the north-east, where, sadly, we still have no free schools to speak of. If they have a strong desire to do that, we will consider their cases very carefully.