Academies Bill [Lords] Debate

Full Debate: Read Full Debate
Department: Department for Education

Academies Bill [Lords]

David Anderson Excerpts
Wednesday 21st July 2010

(13 years, 10 months ago)

Commons Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Andy Slaughter Portrait Mr Slaughter
- Hansard - - - Excerpts

The Opposition amendments, which I support, are based on genuine fears about what may occur through a local market in education if this Bill becomes law. I mentioned on Second Reading a flyer that is circulating in a part of my constituency that is already testing the market to see whether an appetite exists for the opening of new schools in the area. I thought that this was already common practice, but The Times Educational Supplement telephoned me yesterday to say that it is the first such example it had heard of. However, I am sure it will not be the last if this Bill is passed, when it will become common practice.

Let me give a foretaste of what is to come by indicating what is proposed in Shepherd’s Bush. The flyer, which is being circulated widely, says:

“A New Primary School For Your Child. We are opening a new primary school in your area soon and we are enrolling now!”

It comes from an organisation called ABC Academies, although I believe that that name is not patented and may change. It continues:

“Close to your home, we will provide education for children from five years old. Life skills. reading and writing. mathematics. science. physical education and fun!...Contact us to find out more!”

There were three open days, the last of which, in fact, ended about eight minutes ago in a part of the Shepherd’s Bush road. Parents are being invited to come along and I presume that, if enough turn up, an estate agent will be asked to look for suitable premises in the area. It is not that easy to find somewhere with sufficient play space and equipment in the middle of inner London, but it is a task that we know Toby Young and others have set themselves in that part of the world. At some point, an application will be made to the Secretary of State for some of the £210 million of Building Schools for the Future funding that the schools in my constituency have been deprived of.

Although I agree with the amendments tabled by my hon. Friend the Member for Hartlepool (Mr Wright), it may surprise him to hear that I disagree with his pillorying the people who are putting forward this proposal. I do not particularly pillory them—in fact, I know the people who are doing this in my area. They are local entrepreneurs who run a perfectly respectable, good business that says to schools, “We will use your schools for you. We will market them when they are available—classrooms and halls at evenings and weekends, for example—and we have a number of successful supplementary schools in the area.” I see nothing wrong with that. The firms make a profit, and that benefits the school, the people who use it, and the company. However, as a result of the coalition Government’s proposals, the companies now see that exactly the same principles should apply to the provision of state education in the area. Who can criticise them for that, when that is exactly what is being proposed?

I asked the assistant director of education whether he knew about the practice. He is responsible for all school building programmes and the provision of school buildings; he had never heard of it. I spoke to some of the primary heads in the area; they had never heard of it, and did not know about it, although when I told them about it, they thought that they might pop along to an open day and see what was happening.

There is over-subscription of primary schools in the London borough of Hammersmith and Fulham, although curiously the local authority was closing primary schools until last year so that it could free up the sites and sell them on to private schools. There may be demand for a primary school in certain parts of the borough, but I ask the Government whether that is the right way to go about things.

For example, one primary school is next to a place where one of the open days is held. It is a popular, successful school, but it is not full in all years because the turnover—the mobility—of population in inner London is such that 25% of the children in a class can leave that class in the course of a school year. That is very difficult. Some 65% of children in that school have English as a second language, and 40% are Muslim. We are talking about one of the most varied, diverse and mobile communities in the country. Planning school provision and school places is incredibly difficult on both a financial and educational level.

What will happen if we throw into the mix the ability, simply on the basis of a business idea, to set up a new school where one feels that one can? A company might attract parents who like the idea, and who are most able, willing, articulate, and responsive to that type of marketing, set up a school, and drain other schools of their pupils and finances, including the capital funding that has already been stopped for existing schools. That is a recipe for utter chaos in the education system. It is gold-rush tactics applied to the education system.

There are groups of parents doing the same as the companies. They have their eye on particular buildings, and say to the local authority, “Could we have that building? Never mind who is in there at the moment. Could you get them out? We’d like the building for our own use.” I am certainly not criticising the parents; they want to do the best for their children. I do not even criticise the organisations concerned. They may be very sound entrepreneurial organisations. I blame the politicians, who, both at local and national level, appear to be abdicating completely all responsibility for the planning of education, and in particular the planning of sustainable, sensible and integrated education.

The education system, particularly in areas such as inner London, is finely balanced. It works. It is highly resourced, thanks to the last Labour Government. It has an incredible number of committed people in it—parents, teachers, children and, indeed, some local politicians. It works very well, particularly at primary level, but often against the odds and against great challenges. This legislation does nothing to assist. All that it does is put a spoke in the wheel, and barriers in the way of continuing that success. Education—particularly primary education—in inner London is not broke. This noxious and pernicious Bill aims to destroy what we have built up over many years, and I urge all Members of the Committee to support the amendments in the name of my hon. Friend the Member for Hartlepool.

David Anderson Portrait Mr David Anderson (Blaydon) (Lab)
- Hansard - -

I am really depressed by what is happening, particularly in relation to consultation. For years and years, quite rightly, the Liberal Democrats and the Conservatives attacked the previous Government for not having full consultation with people when measures such as this were going through. But to have a consultation process, or not to have a consultation process, when the people who run our schools—the teachers, the support staff, the people who do school meals and the people who clean the schools—are not even at work but are on holiday, if they can afford to take one, and to say that the head will decide and that when they come back in December they will be told what will happen to them, is clearly out of order. It is almost certainly not legal and I am convinced that there will be challenges.

--- Later in debate ---
Amendments 33 and 5 both seek to specify in the legislation who the promoter of an additional school must consult before entering into academy arrangements with the Secretary of State. Any free school proposal, which will need to demonstrate parental demand and support, will by definition require consultation. However, following concerns raised in the other place, we felt it necessary to set out in the Bill our expectation for such consultation. However, we do not intend to prescribe how that consultation should be conducted. A key principle of this Government is to trust professionals to do their jobs without the unnecessary interference of central Government. We trust professionals to determine how to consult, and we do not think it right to provide an inflexible checklist, which would not, in itself, ensure that consultation was any more meaningful.
David Anderson Portrait Mr Anderson
- Hansard - -

Does the Minister also think it correct that the professionals who deliver the education of our children have the right to be consulted and that that should be set out in the Bill?

Nick Gibb Portrait Mr Gibb
- Hansard - - - Excerpts

I do not think that it needs to be set out in the Bill, but the hon. Gentleman is absolutely right: of course staff should be consulted, and they would be. TUPE––the transfer of undertakings (protection of employment) regulations—will govern the contracts of all the employees of the school and the transfer of employment on the same terms. He should feel assured that the necessary statutory consultation, by the employer and with the employee, will take place as part of the process.