Schools White Paper

Bill Esterson Excerpts

Wednesday 24th November 2010 Commons Chamber

[Michael Gove]

My hon. Friend has asked an important question, to which I can give two answers. First, we are encouraging collaboration to enable more schools to join trusts or federations involving an outstanding school that is sponsored by an academy, so that excellence can be more evenly spread. Secondly, we are going to simplify the admissions code and give local authorities a clear role in policing it, in order to ensure that admissions are fair to all.

[Bill Esterson (Sefton Central) (Lab)]

Will the Secretary of State confirm that the entire £162 million grant to support school sport partnerships has been cut, not devolved into the main schools grant? Does he agree with the head teacher of Chesterfield high school in Crosby, who tells me that that will have a profound effect on his ability to form partnerships with primary schools and other secondary schools, and will reduce young people’s participation in sport?

[Michael Gove]

Overall spending on schools has risen as a result of the comprehensive spending review.

Funding and Schools Reform

Bill Esterson Excerpts

Wednesday 17th November 2010 Commons Chamber

[Andy Burnham]

My hon. Friend makes the point. We should aspire to the best possible environment for every single child in this country. We should start where aspiration, expectation and ambition are lowest and transform what those children have. I remember a child in my constituency going into a new school and saying, “It’s too good for us.” That is what we need to challenge and break down. The depressing comments from the Conservatives show that they have no understanding of the message that the environment sends to a young person.

[Bill Esterson (Sefton Central) (Lab)]

Aintree Davenhill primary school in my constituency is near where my right hon. Friend used to live. Phase 1 of the rebuild is nearly completed, but phase 2 is yet to be approved by the Government. If phase 2 does not go ahead, the children there will be left to learn in a corrugated iron hut, which is freezing at this time of year and boiling hot in the summer. Does my right hon. Friend agree that that is not the kind of facility in which our children should expect to learn?

[Andy Burnham]

It most certainly is not, although the Conservatives do not seem to mind, as far as I can tell. Such a facility is too good for our children, as far as I can make out.

Schools all over the country are in chaos because the Department promised a capital review to clear up the problems and give clarity to schools. Instead, schools all over the country are in limbo, waiting to hear. I hope they will hear some clarity from the right hon. Gentleman today. It is clear that he has made a mess of the capital budget, but I hope he will acknowledge today the anxiety in schools right now about revenue budgets for next year.

“Schools protected” was the headline that schools wanted on spending review day, but here is the second charge that I lay at the door of the Secretary of State: has he not raised expectations that he now cannot fulfil? As the Institute for Fiscal Studies said, when rising pupil numbers are taken into account, the “Schools protected” headline turns into a 2.25% real-terms per pupil cut. Further changes to funding may mean it is far worse for some schools. Specialist schools fear losing the extra money that comes with their status. I hope that today the Secretary of State may provide them with some clarity on that.

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[Michael Gove]

It is £2.5 billion on top of the cash settlement that schools have been given. It is a real-terms increase in schools spending and £3.6 billion overall. [Interruption.] I think that the hon. Member for Bradford East (Mr Ward) is probably off to celebrate the good news. The truth is that this spending could not have been delivered by the Opposition, because they were not committed to taking the tough decisions that we have taken in order to invest in schools spending.

[Bill Esterson]

Is the truth not that the Institute for Fiscal Studies figures clearly show that because of increasing pupil numbers this will amount to a 2.25% cut in real terms—not an increase, but a cut—and that the most disadvantaged areas will lose out as a result of the proposals that the Secretary of State wants to introduce on the pupil premium?

[Michael Gove]

Absolutely not. Schools spending will rise in real terms over the lifetime of the coalition Government. That was not a promise that the Opposition were able to give; they could promise only to increase spending over two years. As I say, we are also extending 15 hours of pre-school learning to all disadvantaged two-year-olds—the Government of the right hon. Member for Kirkcaldy and Cowdenbeath were not able to deliver that. We are also giving £150 million to help disadvantaged students from poorer backgrounds to make it to university.

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[Bill Esterson (Sefton Central) (Lab)]

I welcome the contribution of the hon. Member for Beverley and Holderness (Mr Stuart), the Chair of the Select Committee, and his comments about the importance of investment in improving attainment and standards, but it is also important to recognise that the previous Labour Government not only put in the money but achieved results. I did not recognise the hon. Gentleman’s characterisation of what happened. GCSE results and others improved, and there was a big increase in further and higher education results.

My family was fortunate enough to have access to Sure Start when a centre opened where we lived. It benefited not just my family but the other families who used it. They told me in great detail the difference that it had made to the younger children, when compared with older children who had not had such an opportunity in a Sure Start centre or in any other pioneering family centres that preceded it. The difference can be seen many years later in the attitudes, behaviour and achievement of the younger children, who are now teenagers, compared with their slightly older brothers and sisters, who had no such support in the early years. I know from that evidence the importance of Sure State to children who live in deprived areas, which explains people’s concerns about Sure Start’s future.

The Secretary of State did not answer the point that my right hon. Friend the Member for Leigh (Andy Burnham) made about concerns regarding the future of Sure Start, but perhaps he will do so in his closing remarks. I know from my experience and that of many others who have benefited that, of all the previous Government’s achievements, the improvement in the quality of lives and the outcomes for children and families, just through Sure Start, is beyond measure.

The education maintenance allowance benefited many young people who stayed in education. Indeed, the Liberal Democrats suggested in their manifesto that they understood that. They promised to support the EMA, as did the Conservatives, because they saw the improvement in staying-on rates, and the predicted decline by some organisations in staying on of 10% or 12% is worrying. In Sefton, 80% of young people receive EMA, and from talking to them I know the number who say that they will not bother going to college any more without the £30 or £50 a week is frightening. I hope the Government reconsider the limits they are placing on support to young people.

I asked the Secretary of State about the pupil premium, about which the Institute for Fiscal Studies and the Library make similar points. The rise in the numbers of children going to school means that, despite the pupil premium and the increase in the overall money for schools, the real-terms effect is a cut for 87% of secondary schools and 60% of primary schools. That cannot be what the Secretary of State intended, and the impact on areas of deprivation, to which the hon. Member for Redditch (Karen Lumley) referred, is worrying.

I accept that we need to look after people in pockets of deprivation in the more affluent areas, but it is important to ensure that people in the larger areas of deprivation, such as those in Merseyside and our other large cities, are protected. Unless we do that, the outcomes and many other aspects of life for children who most need our help will decline significantly.

[Graham Evans]

My constituency is on the periphery of Merseyside and Cheshire. I want to address the needs of those in pockets of social deprivation, which you have just brushed aside. Those numbers add up. I appreciate, and have a lot of sympathy with, the issues that you have in Merseyside—indeed, I support your case—but you cannot ignore those numbers because when you put them into the comprehensive—

[Mr Speaker]

Order. First, the hon. Gentleman should not, by now, be using the word “you”. Secondly, interventions should be brief, not mini-speeches. Other Members are waiting to contribute to the debate.

[Bill Esterson]

I shall close by addressing that point. I did say it is important that we look after those in pockets of deprivation, but it is crucial issue that we do not do so at the expense of much larger areas where, historically, we have had to invest money to support people because of the extreme deprivation.

Oral Answers to Questions

Bill Esterson Excerpts

Monday 15th November 2010 Commons Chamber

[Michael Gove]

My hon. Friend makes a good point. The changes we are making to the national curriculum and to accountability, through the English baccalaureate, will ensure that history is taught as a proper subject, so that we can celebrate the distinguished role of these islands in the history of the world, from the role of the Royal Navy in putting down the slave trade, to the way in which, since 1688, this nation has been a beacon for liberty that others have sought to emulate. We will also ensure that it is taught in a way in which we can all take pride.

[Bill Esterson (Sefton Central) (Lab)]

12. What plans he has to provide assistance for schools in planning their budget for 2011-12.

[The Minister of State, Department for Education (Mr Nick Gibb)]

It is for schools to plan their own budgets. The Department will ensure that a full range of tools and information is available to schools on its website.

[Bill Esterson]

Head teachers in my constituency have told me that the uncertainty they have in planning their budgets means that they have grave concerns about staff numbers and their ability to offer certain subjects to students. Will the Minister put those head teachers’ minds at rest by saying whether schools face a budget increase or a budget cut?

[Mr Gibb]

The overall settlement was clear: over the four years, there will be a real-terms increase in schools funding. How that is allocated will be announced later this year at a local authority level. Then it will be for local authorities to allocate that funding to schools in the new year.

Higher Education

Bill Esterson Excerpts

Wednesday 3rd November 2010 Westminster Hall

[Paul Blomfield (Sheffield Central) (Lab)]

I congratulate my right hon. Friend the Member for Tottenham (Mr Lammy) on securing the debate. I know how passionately he feels about participation, and was pleased to join him, when he was the Minister for Higher Education, on a visit to Sheffield’s Aimhigher programme. We were both impressed by the excellent work done by the programme team. I congratulate him also on the timeliness of the debate, on a day when we have heard the Government’s proposals for the most fundamental remodelling of our higher education system for 50 years —shifting the responsibility for the funding of universities from the state on to students, and creating a market in which it is clear that a 50% higher fee for the best courses at the best institutions will lead many families, after discussion, to base choices not on a potential student’s ability to learn, but on their ability to repay greater debt.

[Bill Esterson (Sefton Central) (Lab)]

My hon. Friend is talking about choices, and I want to mention the impact not just on participation but on subject or even career choice. Students in my constituency have said that they must seriously consider courses on the basis of how much they might earn after qualifying, rather than on the basis of interest or the career they want. That is a grave concern and perhaps the Minister might be asked to respond to it.

[Paul Blomfield]

My hon. Friend makes a good point. There is a further message within the Government’s announcement, about social sciences, arts and humanities courses. The Government are sending out the message that they are not valued by the country. That will, I am sure, also be a factor in students’ decisions.

We know from talking to constituents, from research and from looking across the Atlantic at the United States model that the Government seem intent on creating, that the cost of courses is a significant disincentive for those who can least afford them. The levels of debt that the Government seem intent on students taking on will be a disincentive, particularly for those on lower—and, indeed, ordinary—incomes, who cannot contemplate such financial risk.

Apart from the impact on participation, the Government’s proposals fail their own test on the funding of the higher education system. I refer hon. Members to the remarks made by Professor Steve Smith, president of Universities UK, who wrote recently in The Guardian:

“The government should be in no doubt about the risks these cuts in funding pose to the world-class standing of our higher education system, and thus to the country’s future economic growth and prosperity. The UK’s competitors face the same deficit reduction challenges as we do, but they have decided to invest in higher education at this crucial time, not cut it.”

Education Policy

Bill Esterson Excerpts

Monday 18th October 2010 Commons Chamber

[Michael Gove]

My hon. Friend, who is a former teacher, makes a very good point. I absolutely agree that the funding can be used in the context of extended schools to deliver a holistic approach that will help the entire family to do better.

[Bill Esterson (Sefton Central) (Lab)]

Does the Secretary of State recognise the very real concerns of families and students about cuts in child benefit, the future of the education maintenance allowance and tuition fees? Those concerns have led a number of students in my constituency to reconsider whether to go to university at all or whether to go for a different course that would allow them to be paid better when they qualify. What actions—

[Mr Speaker]

Order. I am grateful to the hon. Gentleman but his question is very wide. I have let him ask that question, but, after a very brief reply from the Secretary of State, we will move on to matters that are, I hope, fully within order.

Oral Answers to Questions

Bill Esterson Excerpts

Monday 11th October 2010 Commons Chamber

[Mr Gibb]

I pay tribute to my hon. Friend for her passion about the way maths is taught in our schools. Of course, how children are taught is a pedagogical matter, which should be left to the professionalism of teachers, but what is taught and when will be matters for the national curriculum review.

[Bill Esterson (Sefton Central) (Lab)]

10. How many proposed play areas planned to be built under the playbuilders scheme after July 2010 will not proceed.

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

We believe that it is important that there are safe, free local places to play. However, the Department inherited unaffordable spending commitments for this year, and play has therefore had to make a contribution to the savings needed.

Local authorities will be told of their revised allocations within the next month, soon after the comprehensive spending review, and it will be for them to decide which play areas proceed, according to their own local priorities. Local authorities are not required to inform my Department of their decisions.

[Bill Esterson]

Aintree village is one of the areas in my constituency that was due to benefit from a new play area. One reason that residents and the parish council wanted the play area was to tackle childhood obesity. Does the Minister agree with me, and with residents in Aintree and across Sefton, that decent-quality play areas are a good way to tackle childhood obesity? What measures will he take to support local authorities and others who wish to see the kind of support needed to tackle childhood obesity?

[Tim Loughton]

I think we all agree with the hon. Gentleman about the importance of play in so many different areas. It can help to affect social divisions, obesity and other health measures. Of course, we fully share his aspirations and, I am sure, those of the people behind the project in Aintree village. I pay tribute to the people in his constituency and in other communities who have striven hard for those play areas, but I repeat that the play funding was based on the dodgy accounting of the previous Government’s end-year flexibility system. On that basis, I am afraid that it has had to be reviewed, but I hope that there will be money forthcoming in due course so that other projects can proceed. He will hear about that in the next few weeks.

Academies Bill [Lords]

Bill Esterson Excerpts

Monday 26th July 2010 Commons Chamber

[Mr Redwood]

The main mechanism by which academies could take more of the money would be by their being extremely popular and attracting more pupils, because most of the money follows the pupils. That is a thoroughly benign pressure. If these academies are going to take off and develop extremely good standards and reputations, they will attract more pupils and get more money, which they will need because they are teaching more pupils, and the other schools will need to pull their socks up. If the outcome is not as successful as that, the hon. Lady’s worries should fall away. Surely she must accept, however, that we need some challenge and improvement in the system, and that there is nothing wrong with choice.

Why is it that someone like the hon. Lady does not trust anybody other than the state and is never prepared to give anybody any freedom to initiate, innovate, change and improve? Cannot she see that we desperately need to raise school standards, and that we need to do something to try to make that happen? Her system was tried for 13 years, and it did not work.

[Bill Esterson (Sefton Central) (Lab)]

The right hon. Gentleman’s point about trust is unfortunate, to say the least. Governing bodies do not always get these things right, and that is why some kind of mechanism needs to be in place. The amendments are trying to achieve that and to remedy some of the problems caused by our not having enough time to do the job properly in Committee.

[Mr Redwood]

I have said that I love democracy, and it is often a good idea to give more people more votes. However, let me deal directly with the issue. Parents are not without powers or influence in this situation; if they were, I would immediately sign up to the amendment tabled by the hon. Member for Southport. I suspect, however, that Ministers will argue, like me, that it would be a nice addition but is unnecessary because there are other checks and balances in the system.

Let us consider those elements. First, there is an elected local authority that will have a lot of influence and control over these schools. Its voice will be heard because it has considerable influence over the appointments of the very people who will be making this proposal or decision for each school. The local authority often has members on the governing body, and the governing body has parent representatives. If the parents became alarmed by the way in which the head teacher and the senior governors were moving, they would presumably make their voice heard through the parent governors or use their ability to change those governors to make the point.

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[Roberta Blackman-Woods]

The hon. Gentleman makes an interesting point. I have some experience of consulting on an academy—albeit not the sort of the academy proposed by the Bill—and I can assure him that pupils find it very easy to grasp what the change of their school to academy status would mean. However, his point is valid in that there must be a given length of time for a consultation to take place, so that the arguments for and against an academy in an area can be properly explained to everyone concerned. However, the Bill completely overrides any meaningful consultation process.

[Bill Esterson]

There are many professionals with good experience of how to consult effectively with children. Exactly the same point that the hon. Member for Skipton and Ripon (Julian Smith) has just raised—the point about why children should not be consulted—was raised with me when I was dealing with the establishment of academies in Medway a couple of years ago. However, it is a completely spurious point, as I think my hon. Friend would agree, because even much younger children have good insights. The question is how we go about consulting them, not whether we should consult them.

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[Vernon Coaker]

Some local authorities have been a problem, but not just Labour authorities—Conservative local authorities have also stood in the way of academy development. One pays a price for local democracy and involving local authorities: sometimes it means that people pursue educational options in their area that one does not agree with. That is the point I was making when I asked the Minister whether localism is fine only as long as it goes along with the Government’s policy objectives.

There are all sorts of unanswered questions about consultation, many of which the hon. Member for Portsmouth South has laid out. What happens to local authorities? What happens to the money? What happens regarding special needs? Who is vetting the consultation that takes place? Who knows what is going on? How will the school funding proposals that have been published today affect what is going on? There are all sorts of issues to be discussed.

[Bill Esterson]

May I take my hon. Friend back to the primary capital programme and the democracy in that process, which the hon. Member for Brigg and Goole (Andrew Percy) asked about? In the Tory-run authority in which I was the opposition spokesman on children’s services, there was a lot of opposition to some proposals and only a thorough consultation process brought up that opposition and showed the flaws in the plan. The council rejected them and the adjudicator, whose role my hon. Friend the Member for Gateshead (Ian Mearns) has mentioned, had to get involved. The checks and balances were in place in that process as they were in the School Standards and Framework Act 1998.

[Vernon Coaker]

My hon. Friend makes a self-evident and good point, and identifies some of the problems regarding the difference between what happened before and what will happen under the Bill’s measures. There are a huge number of questions that the Minister needs to answer.

On consultation, it would help if the Government and the Minister answered named day written questions, including a large number that are specifically relevant to this whole process and our discussions on consultation. I have 11 named-day questions for last Monday that have not yet been answered by the Department. Not all of them are relevant to this debate—[Interruption.] The Front Benchers are now debating who is responsible; I am afraid that it involves both Conservative and Liberal Democrat Ministers. Some of those questions are specific to today’s debate on consultation, so for the Department to talk about consultation, procedure and correct processes when I still have not received the answers to questions for which the named day was last Monday—[Interruption.] The Minister says that I have had a holding response: on Monday 19 July, for 11 of my questions, I received the reply, “I will reply as soon as possible,” from him and his colleagues. I do not know whether anyone else has experienced this problem, but given that the measures are being pushed through Parliament at significant speed, all hon. Members need the answers to their named day questions so that information that might inform our discussions is available.

With that, I shall simply say that we will support amendment 8 if the hon. Member for Southport pushes it to a vote, and I give notice that we would like to put amendment 78 to a vote.

[Bill Esterson]

I want to talk about consultation in relation to my experience as an opposition spokesman for children’s services, particularly in relation to pre and post-decision consultation and three academies that the council pushed through. The Tory-run council in Medway decided not to consult until decisions had been taken, which caused consternation and all sorts of problems with the wider community, not just parents. I think that was a precursor to what is happening with this legislation. It was only the involvement of the then Ministers with responsibility for schools standards, including my hon. Friend the Member for Gedling (Vernon Coaker), that enabled us to have proper consultation before decisions were finally taken and to ensure that the assurances that the local community sought were addressed. My concern is that the proposed measures will cause what happened in Medway to be repeated across the country.

[Dan Rogerson]

Will the hon. Gentleman confirm that the situation he describes happened under legislation that was pushed through by a Labour Government and that the Bill does say—thanks to amendments that were passed in another place—that consultation must take place?

[Bill Esterson]

I confirm that it happened under the legislation—that was why the checks and balances were eventually put in place. The point I was making is that the Tory-run council in Medway tried to push things through using the same procedure that will be introduced by the Bill. The hon. Gentleman mentions the amendments that were made in the other place, but, like many hon. Members, I have grave concerns that leaving it to the governing body to decide not just who to consult but whether to consult is a fundamental problem that will not be overcome by any checks and balances further down the line.

My experience and that of many people in Medway shows that allowing consultation at any time up to the signing of an academy agreement will not work and will make the process completely inadequate. That is why the amendments are so important. If they are not accepted, not only Members, but schools, children, staff and parents across the country will regret the lack of a requirement for the sort of proper consultation that is detailed in many of the amendments and that was in the 1998 Act. That guidance on how to consult different groups is extremely thorough and works extremely well when it is followed.

[Andrew Percy]

I am failing to get my head round the arguments of Opposition Members. There was plenty of consultation—admittedly under the previous Government—on Building Schools for the Future and on transforming our primary school agenda, and it threw up thousands of names on petitions from parents who did not want their schools closed, yet their schools were still closed. Where was the consultation? The failings the hon. Gentleman is outlining are exactly those that took place under the last Government.

[Bill Esterson]

Consultation is not a referendum; it will not necessarily produce the answer that the majority are pushing for, but there is a fundamental difference between holding a consultation and not holding one at all. The problem with the Bill is that unless the governing body agrees, there will be no consultation at all.

[Andrew Percy]

I think I heard the hon. Gentleman correctly and that he was saying that the Opposition are arguing that they want consultation simply so that they can say they have had it, but they are not all that bothered about the outcome.

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[Bill Esterson]

The hon. Gentleman is trying to put words into the mouths of many Members. I think he is talking a load of nonsense on that point, but it was a nice try.

One of my concerns about leaving it to governing bodies to decide about consultation is that they, understandably, feel that it is their duty to support head teachers. Sometimes, however, the head teacher gets their own way through strength of personality and the governing body may not apply the degree of scrutiny and challenge that it should, although I am not saying that is always true because many governing bodies work extremely well in genuine partnership with their head teacher. The reason I support the amendments proposed by the hon. Member for Southport (Dr Pugh) is that the situation I described, together with the potential for financial benefit for head teachers, could create the possibility for conflict of financial interest, which would be wholly undesirable. There is concern about the potential for financial gain for head teachers and the lack of scrutiny in some governing bodies, although by no means all—I stress that point. It is important that we get the legislation right at this point, before things go wrong, rather than rushing it through with the danger that such problems might arise.

The hon. Member for Portsmouth South (Mr Hancock) and the former Chair of the Select Committee, the hon. Member for Huddersfield (Mr Sheerman), made important points about schools being a key part of their community. Although governing bodies are representative of certain parts of the community, they do not represent the wider community, which is why the provisions of the School Standards and Framework Act are a good guide. The fundamental problem with the Bill is that if consultation is not held until after the initial decision, it will be apparent to the local community that there has been a fait accompli. The danger is that once the train has left the station, it will be very difficult to put the brakes on.

[Mr Gibb]

This group of amendments deals with consultation. We have always made it clear that we expect schools to consult on their proposals for conversion to academy status, which is why we were happy to amend the Bill in the other place to put that provision on the face of the legislation. As Lord Adonis said, during the passage of the Bill in the other place,

“it is very unlikely that an academy proposal will be a success if it does not have a very wide measure of support from the parental body, the staff body and the wider community.”—[Official Report, House of Lords, 21 June 2010; Vol. 719, c. 1230.]

As a result of persuasive arguments put in the other place, principally by Liberal Democrat peers, the Government tabled the amendment that led to clauses 5 and 10. I pay particular tribute to Baroness Walmsley for her determination to put consultation on the face of the Bill.

Amendment 8 would require that if any member of a school’s governing body objects to the school’s application for academy status, the parents of children at the school must be balloted. The purpose of the Bill is to allow schools that wish to do so to apply for academy status. The Bill is permissive rather than coercive. The arrangements for governing body decisions are set out in the School Governance (Procedures) (England) Regulations 2003, which state that every question to be decided at a governing body meeting must be determined by a majority of votes of those governors present and voting, and no decision can be taken without due discussion. Furthermore, at least a third of the membership of the governing bodies of all maintained schools is made up of parents. That means that the views of parents will clearly be considered during the governing body’s discussions. In addition, clause 5 requires a school’s governing body to consult on its proposals to convert to an academy. In practice, we believe that means that parents will be consulted and will have the chance to make representations about the proposals.

Academies Bill [Lords]

Bill Esterson Excerpts

Thursday 22nd July 2010 Commons Chamber

[Vernon Coaker]

I very much agree and it is important, given that the Government will not amend the Bill, for the Minister to read into the record the criterion that will be used to assess whether a young person has low incidence special needs. I say this as someone who thinks that it is very brave of the Government to propose the measure. But as the hon. Member for Portsmouth South (Mr Hancock) said, if there is no defining criterion, we will have a well-intentioned measure, but what will it mean? That is extremely important.

There was a big discussion in the House of Lords and the measure was included in the Bill. A large number of Lords spoke about it and said that it was important. The Government accepted that but the situation has moved on. The hon. Member for Portsmouth South is right; for a local authority or school to be obliged to support a young person with low incidence special needs, do they need a statement? If not, there is no legal obligation—I am not an expert on these laws—on the school or authority to provide anything for that child. Yet everybody, including the Government—they have included it in the clause—thinks that there are young people with low incidence special needs who need additional support that they are not getting through the system.

This is a real problem for the Government to address; it is crucial. I am not trying to be smart or trying to attack; I am just saying that if we want to improve the Bill and we want to make a difference to those with low incidence special needs, as the hon. Member for Portsmouth South said, we have to try to define that, at the very least by the Minister reading it into the record.

[Bill Esterson (Sefton Central) (Lab)]

I wanted to add to the points about low incidence special needs, as there are other reasons why it is important to spell out the protection of services provided centrally. In those councils where the cancellation of centrally provided services has taken place on the assumption that schools would buy services back in, there has been a failure to take up that buy-back option, which affects SEN in particular but also other services. That is an important reason why we need that protection to be in the Bill. If not, as my hon. Friend says, Ministers need to take the matter on board so that there is robust protection for centrally provided services. Otherwise, those services will disappear.

[Vernon Coaker]

I agree with my hon. Friend who re-emphasises my point. This is part of the tension within the Bill; independence is to be given to schools. Some may agree with that; we have difficulties with the haste with which it is being done. But what mechanism is there to ensure that local authorities provide for these young people in a way that gives them the support they need?

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[Vernon Coaker]

That is right. The issue is not only the quantity of support services for children with special educational needs, but their quality. There is also the issue of the effectiveness of some interventions. This big area of debate is no doubt outside the scope of what we are discussing at the moment, but the hon. Gentleman is absolutely right about the provision of quality.

[Bill Esterson]

Whether we are talking about SEN provision, looked-after children, educational psychologists, behavioural support or other issues, what concerns me and many other Members is how we guarantee that the support will be there when it is needed, whether at school or centrally. There is also the matter of whether that can be legislated for or not. The Minister was beginning to drive at that point in his last intervention. That is what I want to hear about and I am sure that other Members are thinking the same thing.

[Vernon Coaker]

I agree with my hon. Friend; no doubt the Minister will try to pick up that issue in his remarks.

How will special educational needs be monitored? What is the role of the Young People’s Learning Agency? How will schools get help? How effective is the YPLA in respect of the quality of local, centrally provided services? What experience and expertise does the agency have? How will we ensure that all these things are effectively fulfilled? How much will it all cost? Who will be responsible for intervening if a school is not offering effective provision? How will the Secretary of State know that something is not being done? Who would make the decision about any of these failures? There is a huge raft of questions that I hope the Minister can begin to address.

Our amendment is simple. It tries to ensure that a decision is made about the effect on the provision of centrally provided services of decisions about what money should go to individual schools. At the heart of that is the need for better information from the Government about where the balance should be. The amendment seeks to clarify the situation by saying that we must retain sufficient resources at a central level within the local authority to provide the necessary level of support and help for children with special educational needs, notwithstanding that the Bill will delegate large sums to them. What will be the impact of that? It is a leap in the dark—we simply do not know. Frankly, the Government have not provided the level of detail that the Committee requires because they have not had time to do so.

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[Pat Glass]

I accept that that is what the data suggest. I stand here with 25 years of experience and I am simply giving the Committee the benefit of that experience.

[Bill Esterson]

Not only do I agree with my hon. Friend that some academies are artificially changing the arrangements—I am choosing my words carefully, and perhaps the Select Committee should look into this—but many maintained schools have been doing the same thing. That is something that I am familiar with from where I used to live, where schools would artificially depress the number of children described as having SEN, under pressure from local authorities, for financial reasons. There is a danger that this legislation would see that continuing with the academies. That should be looked at in greater detail, as the Chairman of the Select Committee suggests.

[Pat Glass]

I agree with my hon. Friend.

The biggest body blow to centrally supported specialist low incidence SEN services came from delegation targets. In order to reach delegation targets, which were mandatory, local authorities arbitrarily put over the side into schools anything that would take them to the magical 96%. In some local authorities, specialist services were lost and they have never recovered.

Academies Bill [Lords]

Bill Esterson Excerpts

Monday 19th July 2010 Commons Chamber

[Michael Gove]

I must try to make progress, because many Members wish to speak in the debate, so for the moment I shall not take any more interventions.

I stress that although we are following the path set down by successful schools in this country, we are also following the one set down by successful jurisdictions elsewhere in the world. In America, which my right hon. Friend the Prime Minister is due to visit in just a few days’ time, President Obama is pressing ahead with school reforms exactly analogous to those with which we are pressing ahead here. He is making reforms to ensure that there are better teachers in every classroom and that more schools enjoy greater autonomy. The charter schools in the USA, such as the Knowledge is Power programme schools, with which I know the right hon. Member for Tottenham (Mr Lammy) is familiar, have done a fantastic job, free from local bureaucratic control, of transforming the life chances of young people. Children who would not have expected to graduate from high school are now going on to elite colleges because of the quality of the education that they enjoy. Charter schools in Boston have succeeded in cutting by half the achievement gap between black and white children.

In Chicago, as Caroline Hoxby and Jonah Rockoff have pointed out, charter schools have achieved even more dramatic gains for children from disadvantaged backgrounds. The striking thing about Hoxby and Rockoff’s research is that in Chicago the children are drawn overwhelmingly from poorer homes. Whether one goes to Sweden, Finland, Singapore or Alberta—Alberta is the highest-performing English-speaking jurisdiction in education—education reform is guided by greater devolution to the front line, greater control for professionals and a relentless focus on higher standards.

[Bill Esterson (Sefton Central) (Lab)]

Will the Secretary of State give way?

[Michael Gove]

Not at this stage.

The Opposition have tabled a reasoned amendment. My problem with it is that it is not reasoned and nor does it amend matters in our schools for the better. It is simply a list of unjustified assertions. It states that the Bill provides the legal framework for new parent-promoted schools. That is not true; that was created in 2002. It states that our proposals for academy status are funded by cuts in the Building Schools for the Future programme. That is not true; they are funded using money that was in the harnessing technology grant, and we are making the Building Schools for the Future programme more efficient.

The Opposition argue that our proposals are based on reforms in other countries with falling standards and rising inequality. That is not true; they are based on reforms in countries such as President Barack Obama’s America and in Singapore, Canada and Finland, where standards are rising and equity is greater. The Opposition claim that there are no measures to drive up standards, improve discipline or deliver greater equality. At the beginning of my speech, I pointed out what we are doing about teaching and discipline, and, thanks to the impassioned advocacy of my right hon. Friend the Member for Yeovil and the Minister of State, my hon. Friend the Member for Brent Central, we will shortly introduce proposals for a pupil premium.

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[Ed Balls]

We have 720 schools where children from primary school were looking forward to going into brand-new schools. Their hopes have now been dashed by the Conservatives to pay for their free-market schools policy—[Hon. Members: “Answer the question.”] Unlike the Secretary of State, I have the courage to answer the question, and the fact is that in 1997 70% of children reached the required level in English and maths at age 11, and that rose to 80% under the last Government. We improved standards because we invested in schools and teachers. It is the cuts by the Government that will set back the improvement in standards.

Government Members know that the reason the new schools have been cancelled is not to reduce the deficit. It is not because of the nonsensical claims about bureaucracy. Those claims are as flimsy as the Prime Minister’s promise to protect the front line. The cuts in the school building programme are to pay for the new free schools policy. We know that, because in opposition the Conservatives said:

“we propose that capital funding for new academies should come through a new fund, established by reallocating the money available within the building schools for the future programme.”

To be fair to them, they promised it in opposition and they are delivering it in government, so that 700 schools around the country are now feeling the reality of a Conservative-Liberal Administration, and do not like it very much.

[Bill Esterson]

The Secretary of State talked at length about various freedoms. One of the freedoms that concerns me is the freedom of schools to exclude children with special educational needs and looked-after children, among other categories of children from disadvantaged backgrounds. Does my right hon. Friend agree that the lack of protection for children from such backgrounds is a worrying aspect of the legislation?

[Ed Balls]

I visited Sandwell last week, a borough where several schools were told that their new school buildings were going ahead—in version 1 of the Secretary of State’s list—but were told in list 2 or 3 that he had made a mistake and all their new buildings were being cancelled. As part of that discussion, I met the head teacher of a special school whose promised new investment has been taken away. We discussed the fact that the new academies policy will take out of the funding agreement the obligation on academies to focus on stopping exclusions of children with special needs. So I have exactly the same concern as my hon. Friend.

The head teachers in Sandwell were pleased that I visited. They were also pleased that the Secretary of State has agreed to visit Sandwell to apologise for his dreadful mistake. However, they think that it is odd that he wants to visit on 5 August. Visiting schools in August is not usually the done thing, as the Secretary of State will find out. I am sure the reason is that his diary is full. Perhaps he should share the load. I know that the Prime Minister is today in Liverpool announcing his big society. Perhaps the Secretary of State should urge the Prime Minister to apologise to the 25 schools in Liverpool and the many thousands of children who have seen their new school taken away from them by the free-market schools policy in this Bill.

Perhaps while the Prime Minister is there, he could also apologise to the leader of the Liberal Democrat group on Liverpool council, who had some interesting things to say about the Secretary of State. Former council leader Councillor Warren Bradley said:

“it would be absolute folly if we were to ignore the impact of such a ridiculous decision by Michael Gove, whether or not we are in coalition. Not only would it show how shallow we are, either in control or opposition, we would be letting this and future generations of young people down.”

He goes on:

“It’s ridiculous. The plans for BSF were so far advanced and it’s unforgivable that other funding options are not in place.”

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[Pat Glass (North West Durham) (Lab)]

Coming from my background, having worked for 25 years in education and particularly in special educational needs, I am used to making decisions about children and young people based upon what works for them and what is in their best interests, not upon ideology or my own philosophical beliefs. I am therefore concerned about the speed with which the Bill is being rushed through the House and the impact that that will have on children with special educational needs. I ask the Secretary of State, although he has left the Chamber, to think carefully about that matter.

Having examined the Bill in some detail, I do not believe that there has been any detailed analysis of its impact on vulnerable children, particularly those with special educational needs. I am particularly concerned about two things, based on what we know about the small number of academies that currently exist. First, we know that that group of children has not had a good deal in admissions, accountability and exclusion. I am concerned that if we increase the number of academies massively without considering in detail the impact that it will have on that vulnerable group of children, we will simply make the problem much greater.

We know that the educational achievement of vulnerable children—those with SEN, those living in care and those living in poverty—is lower than the average in the school population. Local authority managers of services such as admissions at least try to ensure that those children are not systematically disadvantaged when it comes to admission to good schools. By taking admissions out of the hands of local authorities and handing them over to academies to administer on their own behalf, we run the risk of taking any pretence of fairness out of the system and systematically disadvantaging the already disadvantaged.

Currently, local authorities have no power to name an academy on a statement of special educational needs, even when a parent particularly wants it and the local authority that has assessed the needs of the child in question believes that the academy can meet that child’s needs. I have come across that a number of times as an assistant director, when I have looked carefully at a child’s assessment and believed that an academy can meet their needs, and when the parent particularly wants their child to go to that academy, but the academy simply refuses to consider the point.

[Bill Esterson]

Does my hon. Friend agree that another problem with the Bill is that the framework does not require academies to have special educational needs co-ordinators who are qualified, with appropriate training? That is another weakness of the SEN provisions.

[Pat Glass]

My hon. Friend is right. When will we realise that children with special educational needs need specialists? That is why they are special—they require specialists. It is foolish to say that anyone in a school whom the head teacher chooses to act as an unqualified support assistant can take the part of an SEN co-ordinator.

Currently, cases where an academy decides that it does not want to take a child or cannot meet the child’s needs go to an adjudicator. That takes valuable time and seems designed to put off all but the most determined parents. Parents of children with SEN already have difficult lives and we seem to be putting up additional, systematic barriers to prevent them from securing a place at a local academy that they believe can meet their child’s needs. I fear that that will lead to selective admissions through the back door in the new breed of academies and will make the situation that much worse for so many more children.

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[Dr Pugh]

Having worked in schools for a large part of my life, and knowing the degree of organisation required during the summer recess to prepare for the new term, I find it distinctly improbable that any such schools will be ready to run on a completely different footing in September. The Minister clearly disagrees, and I defer to his knowledge of how things might go. I have to rely on my own experience in these circumstances, however. I have to emphasise that there is a big difference between legislation for a pet project, which we have seen many times in this House, particularly in the Blair years, and mature and considered legislation, and it revolves around whether it is properly handled in this place.

[Bill Esterson]

Is the hon. Gentleman aware that schools in his constituency and mine have made inquiries about academy status and that one head teacher in his constituency commented that the whole process was a shambles? Does not that underline his point about the haste with which this legislation is being carried out?

[Dr Pugh]

It is not yet a shambles, but I welcomed the intervention from the Chairman of the Select Committee, suggesting that there is a proper and appropriate way to proceed with an important piece of legislation like this. I do not think that we have yet hit on that way here. What is the best I can say of this legislation? It does not remind me of the new politics; it reminds me—though Opposition Members might not want to hear this—of new Labour. That should give us cause for concern in this corner of the House.

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[Charlotte Leslie]

As I have said, if this involved a huge capital investment going to those outstanding schools, I would not be standing here defending the Bill; instead, I would be pretty horrified. The point is, however, that schools that are outstanding have proved their worth; they know what they are doing and they are doing it well. It is a very easy and simple step to say to those head teachers who are doing well that, with measures of accountability, they should carry on and share their best practice. We would like such freedoms to be extended to all schools, but that has to be done within an accountable structure.

[Bill Esterson]

Does the hon. Lady agree that outstanding schools need help less than schools in lower categories? If she does, does she think it is right that it is outstanding schools that are getting the help, not the schools below those categories?

[Charlotte Leslie]

I will repeat what I said before—and also just note that it is interesting and very pleasing that the hon. Gentleman uses the word “help” in that that suggests that he agrees with Government Members that granting freedom to schools is in fact helpful. However, I repeat the point that this is not loading resources that could go to a school that is struggling onto a school that is not struggling. This is lifting the lid on ability, ambition, desire and aspiration that already exists, and enabling that to come out and flow into those schools that most need it. I thank the hon. Gentleman for his intervention, however.

I shall now conclude, as the House always hears enough of talking. A key point comes out of the idea that we can have improvement only through capital investment and rebranding. I have heard concerns that there will be an enormous amount of expenditure on rebranding those outstanding schools that become academies, but we are not going to do a rebranding exercise and then expect that alone to be the change and do nothing else. There will be no massive investment in a rebranding that does not actually effect change.

All in all, I welcome the Bill. It is real action—it is not money spent merely on rebranding—and it liberates the knowledge of professionals and also the desire of professionals to improve children’s lives and opportunities that I believe has been stifled for far too long.

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[Yasmin Qureshi]

Thank you, Mr Deputy Speaker. The hon. Gentleman says that I was talking about selection. If the teachers are teaching well and the pupils are responding well, children of all abilities can be taught in one school. There will obviously be some children who do very well academically, while others may not do quite so well. However, children who are perhaps academically poor initially will have a chance to catch up. Because they are in a good school with children of mixed abilities, they will have a chance to get better.

[Bill Esterson]

There is a lot of evidence to show that areas that still have selection actually have poorer standards and results than those with a completely comprehensive system. I wonder whether that makes the point that my hon. Friend is trying to make.

[Yasmin Qureshi]

I thank my hon. Friend for that helpful intervention. Yes, that is what I am saying, and I have seen it across the country.

Perhaps such a view is unfashionable in this day and age, when everything is about selection and performance, but we are forgetting the ordinary children from ordinary families. Do they not have the right to be with “the very bright child” in a school that provides excellent educational facilities? Why cannot the poor child from Farnworth or from the Newbury estate in my constituency go to a school attended by children from Chorley New road, a posh part of the constituency? We need everybody to be together. Children from less well-off backgrounds, whose home lives might make it difficult for them to perform well academically, need to be in schools where they can get help and where everyone’s standards are raised. I know that this is an old-fashioned way of thinking—or perhaps it is not, but it is not the conventional thinking now. I find it surprising that everybody is sleepwalking into and justifying this system of selection.

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[Mr Buckland]

No, I am not worried, because I see nothing in the Bill to give me cause for suspicion or concern about selection by the back or front door. I reject the Labour party’s suggestion that this is some sort of ideological drive by the Government. It is not about ideology. I am probably one of the least ideological members of my party and I would not stand here and support some ideological fancy. This is all about excellence and driving up standards. It is all about trusting schools, teachers and professionals to get on with the job that we rightly pay them to do so well.

[Bill Esterson]

Will the hon. Gentleman give way?

[Mr Buckland]

I will not take any more interventions as my time is fast running out. Let me make some brief points about the governance of foundation schools. The Bill is rightly silent as to the form and style of governing bodies for academies, but I would welcome some discussion of the nature of school governance in modern schools. It is a demanding task for volunteer governors to undertake. Many of them work very hard to monitor the work of the schools that they are involved with and to scrutinise the work of head teachers and the senior leadership team, but I wonder whether the current model of governing bodies and periodic committee meetings works as well as it could. Perhaps we should consider having a more strategic structure with a small number of governors working on a day-to-day basis with the head teacher and SLT, and a much wider pool of talent being involved in a range of tasks within the school. That could involve as many members of the community as possible, whether they are parents or interested local persons. There is work to be done on the quality and nature of school governance in relation to academy, maintained and other schools.

In supporting the Bill and commending its Second Reading, I hope that I have in some way contributed to a very sensitive and important area of this debate—the needs of the children who do not enjoy the advantages that others enjoy and who deserve, as the Prime Minister said in response to a question that I asked him two weeks ago, all the love and support we can give.

[Bill Esterson (Sefton Central) (Lab)]

The hon. Member for South Swindon (Mr Buckland) talked about the children who do not enjoy the advantages that others enjoy, but surely the legislation that the Government propose does precisely the opposite of what he claims. Surely, the future of our children and their education is too important to be the subject of rushed, poorly considered and flawed legislation, but that is what is on offer from the Tory-Lib Dem coalition. It is clear from the comments of hon. Members, including those of the hon. Gentleman about the so-called consultation process, that there are fundamental flaws. What is consultative about a governing body being able to make a decision without talking to parents or the wider community? How is that proper consultation, democracy or anything other than the kind of top-down approach that Members on the Government Benches have criticised the previous Government for?

The Bill is being rushed, and rushed legislation has led to many mistakes in the past. In this case, any mistakes will be paid for by the many vulnerable children in this country whose life chances I fear will suffer. The Bill helps outstanding schools, which, by definition, are already doing well and are in the least need of extra support. The Bill diverts the Labour Government’s academies scheme from improving the weakest schools to helping the strongest at the expense of the majority of other schools—expense for the many to the benefit of the few. Hardly progressive politics.

It is almost unprecedented to rush through such major public service reform, with just a few weeks between publication of the Bill and its passage into the statute book. Such methods are commonly used only to pass emergency terrorism legislation. Parliament will have no real chance to scrutinise the detail of the proposals.

[Stephen Pound]

In the short time my hon. Friend has been in the House he has won a reputation for having a forensic mind. In keeping with the point he has just made, may I draw his attention to clause 10(1)? It contains an utterly extraordinary statement, but I am sure my hon. Friend can enlighten the House as to its true meaning:

“Before entering into Academy arrangements with the Secretary of State in relation to an additional school, a person must consult such persons as the person thinks appropriate.”

That strikes me as meaning having a chat with the caretaker at best and chaos at worst. What does my hon. Friend think?

[Bill Esterson]

I am grateful to my hon. Friend. As always, he hits the nail bang on the head. I interpreted those words as providing the opportunity to have a conversation with oneself, which would certainly fit the Bill. We are talking about inadequate legislation and my hon. Friend has identified one of the best examples of that lack of adequacy.

It is a pity that the hon. Member for Southport (Dr Pugh) has left the Chamber, because the head teacher of Churchtown primary school in Southport said that the consultation was a shambles. He, like head teachers from Sefton, recently attended some of the consultation meetings held by the Government. The feedback was that there was no information, no one was able to answer their questions and there was no opportunity to find out what the whole academy and free school programme was about. It does not inspire confidence when head teachers make such observations.

Parents’ groups and private companies will be able to open new schools with funding from the taxpayer, even where there are already sufficient places. They will take pupils from existing schools, where funding will be cut and education will suffer for the majority left behind. New buildings will be created for many free schools by using the money saved by cancelling new buildings for existing schools. In Sefton Central that means Chesterfield high school and Crosby high school, which is a special school due to be co-located with Chesterfield high school. It was an opportunity to integrate the pupils of a special school with pupils at a mainstream school and was welcomed and supported by parents, teachers and pupils. That opportunity has been taken away.

[Jonathan Reynolds (Stalybridge and Hyde) (Lab/Co-op)]

My hon. Friend mentioned that two schools were to be co-located to produce a better educational facility for the pupils of both schools. There is a similar situation in several areas in my constituency. Local authorities may have been relying on a capital receipt from the sale of one site but that site could now be made available for a free school, so does my hon. Friend share my concern that that would throw into doubt the entire reorganisation of education in my constituency, and perhaps in his?

--- Later in debate ---

[Bill Esterson]

My hon. Friend makes an excellent point. In Sefton, we could have the same problem. Money that would have been available to the authority for capital projects for other schools and for educational purposes will now not be available. One of the major weaknesses of the Bill is that a bribe is being offered to the schools that go first. A bribe to outstanding schools that need that opportunity least will mean less money left behind, both capital and revenue funding, for schools that do not have the opportunity because they are not outstanding.

[Mr Stewart Jackson (Peterborough) (Con)]

Will the hon. Gentleman give way?

[Bill Esterson]

I have already given way twice.

Over £1 million has been committed in Sefton in progressing its Building Schools for the Future projects and £161 million nationally—money that cannot now be recovered, so that is hardly the way to cut the deficit. Free schools will be funded in other ways. With cuts in the area-based grant, the Nurture Base in Sefton will close, although it provides 10 places for children aged between four and seven, so that they can receive the support that children with behavioural difficulties need to return to mainstream school. That is part of a £2.5 million cut in Sefton that will allow outstanding schools to become academies. There is no provision in the legislation for behavioural support of the kind available in Sefton, so that is now being cut.

Another way in which the academies and free schools are being funded is from the primary capital programme, which is under review and clearly headed for a cut.

[Mr Stewart Jackson]

Will the hon. Gentleman give way?

[Bill Esterson]

No, I am not giving way.

Aintree Davenhill primary school has had its first phase built, but the second phase has been halted. Many of the children at that school face the prospect of continuing their education in second world war sheds, freezing in the winter and baking hot in the summer. The school faces uncertainty at best and continued appalling conditions at worst. Why? To pay for the political dogma of the governing parties.

[Andrew Stephenson (Pendle) (Con)]

Will the hon. Gentleman give way?

[Bill Esterson]

No, I am not giving way.

I was concerned to hear that the review of previously agreed projects extends to the previous Government’s academy programme. In the Medway towns, three academies were approved by the former Secretary of State, with the support of the former School Standards Minister and his predecessors. They had to make up for the failings of Tory-run Medway council, where the children’s services department had failed to address the long-term problems of underperforming schools, largely caused by the 11-plus and the selective system there, which contributes in no small measure to the fact that the secondary modern schools have high numbers of children with special educational needs that are not resourced properly.

Three academies are being built: Strood academy opened last September, and the Chatham and Gillingham academies open this September. In all three, the buildings are not fit for purpose. Strood and Chatham academies will open on two sites each, as they each replace two previous schools. All three academies serve deprived areas that need significant financial support. If their funding is withdrawn in favour of outstanding schools, as in the Government’s proposal, it will be one of the best examples—or worst examples, depending on someone’s viewpoint—of how the Bill will sacrifice those who are most in need of help in favour of those who need it least. I am glad that the hon. Member for Gillingham and Rainham (Rehman Chishti) is now in the Chamber to hear about the disgraceful way that the Government are failing his constituents.

[Rehman Chishti (Gillingham and Rainham) (Con)]

Will the hon. Gentleman give way?

[Bill Esterson]

I will not get any more time if I give way, so I am not going to.

Meanwhile, as Barnet Tory council made savage cuts to schools and the rest of the public sector, its members voted for a £20,000 a year increase in the allowances for Tory cabinet members. They declared that poverty was an emotive word and that all people needed was aspiration. Barnet is the “easyCouncil”—the no-frills council—except when it comes to its Tory cabinet members.

[Rehman Chishti]

Will the hon. Gentleman give way?

[Bill Esterson]

No, I am not giving way.

By cutting the Building Schools for the Future and the primary capital programmes and the area-based grants, the Tories are saying, “If you come from a deprived area or from a struggling school, we’re not going to support you. We will only support those schools that need it least.” Jack Stopforth of Liverpool chamber commerce commented:

“It’s all very well to talk about short-term savings for the public purse, but the long-term implications for the education base of our children and the future skills base and the effect on the private sector supply chain is profound.”

When people in that sort of position make such comments, it is time that Government Members considered the damage that the legislation will do. They should reconsider it.

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[Mr Gibb]

That is precisely what this Bill and this Government’s policy are all about. It is part of a comprehensive approach to driving up standards. This Government are determined to raise academic standards in all our schools, as the hon. Gentleman says. We will do it by improving the teaching of reading so that we no longer have the appalling situation whereby after seven years of primary education, one in five 11-year-olds still struggles with reading. We will do it by improving standards of behaviour in schools, which is why we are strengthening and clarifying teachers’ powers to search for and confiscate items such as mobile phones and iPods, as well as alcohol, drugs and weapons. It is why we are removing the statutory requirement for 24 hours’ notice of detentions and giving teachers protection from false accusations. It is also why we intend to restore rigour to our public examinations and qualifications and restore the national curriculum to a slimmed-down core of the knowledge and concepts we expect every child to know, built around subject disciplines and based on the experience of the best-performing education systems in the world.

Central to our drive, however, is liberating professionals to drive improvement across the system. We want all our schools to be run by professionals rather than by bureaucrats or by bureaucratic diktat. We want good schools to flourish, with the autonomy and independence that academy status brings. I am thinking of schools such as Mossbourne academy in Hackney, where half the pupils qualify for free school meals but where 86% achieve five or more GCSEs at grades A* to C including English and maths, and Harris city academy in Crystal Palace, where 82% achieve five or more GCSEs at grades A* to C including English and maths. Harris city academy was the first school to be awarded a perfect Ofsted score under the new inspection regime, and it now attracts about 2,000 applicants for its 180 annual places. Those schools are delivering what parents want for their children, and the Bill will deliver hundreds more such schools.

Opposition Members have raised concerns about the impact that the new free schools will have on neighbouring schools. Of course the Secretary of State will take those issues into account when assessing the validity of a new free school. However, Lord Adonis said in another place:

“The idea that parents should not be able to access new or additional school places in areas where the schools are not providing good quality places simply because the provision of those places will cause detriment to other schools fundamentally ignores the interests of parents and their right to have a decent quality school to send their children to. If there is not such a decent quality school and someone is prepared to do something substantive about it, they should be applauded”.—[Official Report, House of Lords, 21 June 2010; Vol. 719, c. 1264.]

My hon. Friend the Member for Beverley and Holderness (Mr Stuart) made the important point that the Bill builds on the academy legislation of the last Government. However, the new model agreement gives greater protection to children with special educational needs by mirroring all the requirements that apply to maintained schools. That was not the position in the funding agreement signed by the Secretary of State in the last Government.

My hon. Friend also raised the important issue of exclusions, which, he said, were running at twice the national average rate in existing academies. Many early academies that were established in very challenging areas and inherited very challenging pupils did need to exclude some children to bring about good behaviour and a new ethos, but as they became established, exclusion rates tended to fall. Many open academies have exclusion rates that are no higher than those in the rest of the local authority that they serve. Academies are required to participate in their local fair access protocols. The truth is that they have a higher proportion of children with SEN, and tend to exclude such children proportionately less.

Academies are subject to the same admission requirements as maintained schools. They must comply with admissions law and the admissions code, and are required by the funding agreement to be at the heart of their communities. Many Opposition Members raised the issue of social and community cohesion. Academies are required to be at the heart of their communities, sharing facilities with other schools and the wider community.

The hon. Member for Huddersfield (Mr Sheerman) asked why we were starting with outstanding schools. In fact, all schools have been invited to apply for academy status, not just outstanding schools. Outstanding schools will be fast-tracked because of their outstanding leadership, but we are continuing to tackle the worst-performing schools by converting them to sponsor-supported academies. All outstanding schools will be expected to help a weaker school to raise standards.

[Bill Esterson]

Will the Minister give way?

[Mr Gibb]

I will not, because there is very little time left.

The hon. Member for Huddersfield also raised the issue of free schools and faith schools, as did the hon. Member for Middlesbrough South and East Cleveland (Tom Blenkinsop). Although existing faith schools will retain their faith designation on conversion to academies, new faith schools will be able to select only 50% of their intake on the basis of faith.

I am grateful to my hon. Friend the Member for Altrincham and Sale West (Mr Brady) for his support for the Bill, largely because many of the policies in it were built on his work as shadow schools Minister in days of yore. He has visited a KIPP—Knowledge Is Power programme—school in Washington DC, which he described as “one of the most exciting schools I have ever visited.” He said, “I want these schools in this country”—as do we all.

The hon. Member for North West Durham (Pat Glass) is concerned about children with special educational needs in academies, but academies take a significantly higher proportion of children with SEN, and the evidence suggests they are less likely to exclude. I refer her to clause 1(7) of the Bill, which strengthens the position of children with SEN and imposes on new academies all the obligations on admissions and exclusions that apply to maintained schools.

The hon. Member for Southport (Dr Pugh) raised some concerns about the Bill and I would remind him that charter schools in New York have dramatically closed the gap between the poorest and those from neighbouring wealthy boroughs—by 86% in maths and 66% in English. A third of academies in this country with GCSE results in 2008 and 2009 have achieved a 15% increase in results compared with the results of their predecessor schools.

My hon. Friend the Member for Bristol North West (Charlotte Leslie) is passionate about education, and she made an excellent and thoughtful speech highlighting the enormous and widening attainment gap in this country. She is right to welcome the expectation that outstanding schools opting for academy status will help weaker schools.

My hon. Friend the Member for South West Norfolk (Elizabeth Truss) brings to the House all her experience of, and passion for, education. She pointed out how millions of children have been let down by 13 years of failed education policies. She also pointed to millions of pounds being wasted and consumed by quangos, strategies and initiatives that dictated a prescriptive approach to teaching that demoralised the profession and forced teachers to teach to the test and to fit the system. She is right to say that the new freedoms, and our plans to sweep away many of the bureaucratic burdens that are piled on to teachers and schools, will help to rejuvenate the teaching profession. This is a Government who trust the professionalism of teachers. She is also right to point out that there are extensive concerns about standards.

We are not prepared to continue with the system we inherited. We are a Government in a hurry. Head teachers are in a hurry. Every year and every month that passes by is a month or a year of a child’s education. It is a disgrace that, in 2008, of the 80,000 young people qualifying for free school meals just 45 got into Oxbridge. It is wrong that 42% of those qualifying for free school meals failed to achieve a single GCSE above a grade D. It is unacceptable that just one quarter of GCSE students achieve five or more GCSEs, including in English, maths, science and a foreign language. The coalition agreement says:

“We will promote the reform of schools in order to ensure that new providers can enter the state school system in response to parental demand”.

This Bill delivers on that agreement.

Despite some of the rhetoric from Opposition Members today, support for the Bill’s proposals goes wider than the coalition partners in this Government. There is, in fact, a broad progressive consensus that includes my right hon. and hon. Friends on the Government Benches and that extends to the liberal wing of the Labour party. In 2005 Tony Blair said:

“We need to make it easier for every school to acquire the drive and essential freedoms of academies…We want every school to be able quickly and easily to become a self-governing independent state school…All schools will be able to have academy style freedoms.”

This Bill delivers on the former Prime Minister’s aspiration. The coalition even extends to the Democratic party in the United States.

The Bill will deliver more excellent schools in the most deprived parts of our country. So far, more than 1,900 schools have expressed an interest in academy status. The Government are determined to raise standards and the Bill is part of that strategy. I commend the Bill to the House.

Question put, That the amendment be made.

Building Schools for the Future (Liverpool)

Bill Esterson Excerpts

Wednesday 30th June 2010 Westminster Hall

[Stephen Twigg]

My hon. Friend is absolutely right. The progress I mentioned when I gave the statistics at the beginning of my speech is testament to all sorts of things, not least the hard work and professionalism of the teachers, the teaching assistants, the young people and their parents. It is also testament to the extra investment that has come into schools in Liverpool, which has provided new facilities in schools and new members of staff through the support work force. I am confident that the schools to which I have referred that are already coming through as part of Building Schools for the Future will deliver real change. We are a quarter of the way there, so it would be a great shame if the schools that are due to come in though wave 6 do not get that opportunity.

[Bill Esterson (Sefton Central) (Lab)]

I congratulate my hon. Friend on securing the debate. Mr Benton, in your constituency and mine, we were due to start phase 1 of Building Schools for the Future this year, but that has been put on hold until the review is carried out. My hon. Friend will recognise that many students from Liverpool attend schools in both our constituencies. In mine, Crosby high school and Chesterfield high school are due to be collocated, and I hope that he will join me in saying how important it is that that goes ahead, as Crosby high school is a specialist school and its children, who have special needs, will benefit from being on the same campus as a mainstream school.

--- Later in debate ---

[The Minister of State, Department for Education (Mr Nick Gibb)]

I congratulate the hon. Member for Liverpool, West Derby (Stephen Twigg) on his return to the House and on securing the debate. He always showed great commitment to and ambition for children and young people as an Education Minister, and he is a great advocate for Building Schools for the Future. I am happy to add my congratulations to his. I congratulate the schools throughout Liverpool that have made such great advances on their educational achievements and I also congratulate the teachers and students on what they have achieved in recent years.

It is the Government’s ambition to raise the quality of education for every child. As the hon. Gentleman acknowledged, I am a passionate believer in high quality education, and so are the Government. We want to raise the standard of education in every school. Too many children still leave primary school without having achieved the basic standard in reading. We need to sharpen the curriculum, restore confidence in our exam system, ensure that young people go on to work, further or higher education with the skills and qualifications that are valued by colleges, universities and employers, and create a platform for success for the pupil. A first step toward that ambition was the introduction of the Academies Bill, which aims to give more schools the opportunity to enjoy the freedoms that academies have, so decisions about what is taught, how it is taught and how the school is run are placed back in the hands of the professionals.

As has been said, school buildings have a real place in our ambitions for school improvement. As the hon. Member for Liverpool, Riverside (Mrs Ellman) said, it is vital for all schools in Liverpool. As the hon. Member for Garston and Halewood (Maria Eagle) said, building new schools helps to tackle disadvantage and educational under-achievement. As the hon. Member for Sefton Central (Bill Esterson) said, new schools can bring in things such as co-location between mainstream and special schools, and as the hon. Member for Liverpool, Wavertree (Luciana Berger) said, every child and teacher deserves to be in a building fit for education and for the 21st century. Finally, the hon. Member for Liverpool, Walton (Steve Rotheram) emphasised the importance of educational transformation and the need to tackle health inequalities. All those were important points to make in this debate, and I agree with all of them.

Teaching is probably the most important factor bearing on pupils’ outcomes, but it is right to say that the environment must be conducive to and must support education as far as possible. Good buildings, classrooms and equipment are necessary for children to learn, and to make their school a place where they feel happy and secure. Schools will continue to need rebuilding and refurbishing in the future, and, with a rising birth rate, more school places will be needed, which will, of course, require capital spending.

However, we also have to acknowledge, as the Chancellor made clear in his Budget last week, that we are living in a difficult fiscal climate in which £1 of every £4 that we spend is borrowed, and, increasingly, professionals across all public services are being asked to do more with less. That is the reality of the times in which we live, but, despite the deficit that this Government have inherited and the need to make £6 billion of savings this year, we have protected front-line funding for schools, sixth forms and Sure Start, and we remain committed to investing in the schools estate to ensure that pupils are educated in buildings of a good standard where they feel safe, comfortable and ready to learn.

We need to ensure that we are securing for teachers, head teachers and the taxpayer the best possible value for money as we seek to bring expenditure under control. That will mean some tough decisions. BSF was a flagship programme of the previous Government, who aimed to rebuild or refurbish every secondary school in the country by 2023. Where it has delivered, some impressive new buildings have been built, but that has been at great cost.

Rebuilding a school under BSF is three times more expensive than building a commercial building, and twice as expensive as building a school in, say, Ireland. The programme simply has not delivered as it should have. Of 3,500 secondary schools, only 5% have been rebuilt or refurbished, or received BSF funding for information and communications technology. That is just 178 schools—astonishingly few, considering how much has been spent.

The programme never really got off on the right foot. In February 2004, the Department’s goal was to build 200 schools by 2008, but, of those 200, only 42 were completed by the end of that year. Ambitions for the programme started out as unrealistic and then became unfeasible. Last year’s National Audit Office report on BSF said that for the programme to realise the ambition of rebuilding or refurbishing every secondary school,

“250 schools will need to be built a year and the number of schools in procurement and construction at any one time will need to double”

from the next year. That clearly is not sustainable, particularly in the current climate.

The NAO report also documented the tremendous waste that has become synonymous with BSF. The budget bulged from £45 billion to £55 billion, and the time scale increased from 10 years to a projected 18 years. Of the £250 million spent before building began, £60 million was spent on consulting or advisory costs, supporting layer upon layer of process. There are eight official stages to the BSF process, but each one contains its own substrata of complexity. The second stage, strategic planning, has a further nine stages that lead to the completion of a strategy for change. Process upon process, cost upon cost—BSF and its administration and procurement processing have not represented good value for money. We support capital investment, but we need to ensure that procurement minimises administration and consultants’ costs.

[Bill Esterson]

I want to be clear about what the Minister is saying. I take on board his point about getting procurement right, but is he saying that he will commit to the BSF programme once he is satisfied that the procurement is right?

[Mr Gibb]

The hon. Gentleman will just have to wait until I finish my comments.

It should also be borne in mind that, in the previous Government’s final Budget, it was clear that if Labour won the general election, they would cut capital spending across Departments by more than 50% over the following three years. Some of those cuts inevitably would have fallen on schools. Indeed, the right hon. Member for Morley and Outwood (Ed Balls), who is now the shadow Secretary of State for Education, admitted in the House that school capital spending was not protected under Labour’s plans.

As the hon. Member for Liverpool, West Derby said, Liverpool was one of the first local authorities to enter the BSF programme: it has one school open and another 34 in the programme. We are acutely aware that a great number of parents, pupils and school staff are affected by decisions about school building projects, and we have no wish to keep anyone—not even the hon. Gentleman—waiting longer than is absolutely necessary. The wave 2 projects in his constituency are already under construction. As such, it is unlikely that any changes in the BSF programme would impact on projects that are so far advanced.

I hope that that will go some way to reassure the hon. Gentleman about the projects in his constituency, but we cannot yet confirm the future of individual projects. I am afraid that I cannot offer him or any other hon. Member present today any further reassurance, but I would be happy to keep in touch with all those who have taken part in the debate.