Education and Adoption Bill

David Burrowes Excerpts

Wednesday 16th September 2015 Commons Chamber

[Kevin Brennan]

I apologise in advance for my slightly croaky voice.

It is good to return to the Bill, which we considered in Committee before the summer recess. We tabled more than 80 amendments, none of which was passed, despite the cogency of our arguments and the excellent drafting. We therefore find ourselves having to submit further new clauses and amendments on Report, given our continued view that the Bill is badly drafted and ill thought through.

Before I deal with the details of new clause 1, let me take this opportunity to welcome my hon. Friend the Member for Manchester Central (Lucy Powell) to her new position. We have worked together before, and I look forward to her term of office first as shadow Secretary of State and then, in the not-too-distant future, as Secretary of State. She is the fifth Labour Secretary of State or shadow Secretary of State for Education under whom I have served, in government and in opposition.

[Mr David Burrowes (Enfield, Southgate) (Con)]

You are coasting.

[Kevin Brennan]

I have been accused of coasting. We shall come to that later. Either I am doing something very right or I am doing something very wrong; it is hard to work out which. Perhaps the hon. Member for Enfield, Southgate is right. But, like the Schools Minister, I am still here after all these years. “Still Crazy After All These Years” was, I think, a song by Paul Simon. Anyway, we are still here, the two of us, facing each other across the Dispatch Box.

Let me pay particular tribute to my hon. Friend the Member for Stoke-on-Trent Central (Tristram Hunt). I am glad to see that another former shadow Secretary of State, my hon. Friend the Member for Liverpool, West Derby (Stephen Twigg), is sitting next to him: it is a wonderful reunion. My hon. Friend the Member for Stoke-on-Trent Central has decided to take a sabbatical from Front-Bench politics, I really enjoyed working with him. I wish him well, and thank him for the hard work and passion that he brought to his role. I look forward to reading the book which I am sure will form one of the fruits of his new-found free time. If it is any sort of political memoir, I do not care what it says as long as I am in it.

New clause 1 deals with

“Schools where pupils do not fulfil potential”,

and should be read in conjunction with amendment 1, which proposes to leave out clause 1. The new clause replaces clause 1, which is entitled “Coasting schools”. The House will recall that when the original clause 1 was drafted, the Government were unable to provide a definition of “coasting schools”, even on Second Reading. In Committee, we were given some draft regulations which made it clear that what the Government had in mind was a purely data-driven exercise.

We believe there is a need to do something about schools that are doing well superficially but are failing to fulfil the potential of their pupils, hence our new clause. In government—my memory is long enough for me to remember what we did in government, as is clear from what I said earlier—we wanted local authorities to identify coasting schools whose intake did not fulfil earlier promise, and whose pupils lost momentum and failed to make progress. That often applies to pupils with special educational needs, or children who get left behind and may become disengaged from their education, but it is equally applicable to able pupils who are not stretched or challenged enough. We wanted coasting schools to benefit from the support of other schools and leaders forming trusts and federations to formalise the benefits of collaborative learning.

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[Mr Brady]

Kent is obviously a very big county, and there is a lot of diversity in performance there. I believe very firmly that if we are trying to improve a system, we should look at the bits that are working less well and try to raise standards there, rather than removing the parts that work best. I think that the tragedy of the comprehensive revolution in the 1960s and ’70s was that often the people who suffered most as a result of the destruction of so many grammar schools were working class people in areas where very little of quality was put in their place. The hon. Gentleman will have heard me quote from the pamphlet “A Class Act”, written by Lord Adonis and Stephen Pollard, who was then at the Fabian Society, in which they made that very point.

I am a strong supporter of what this Government and the Government immediately before did to try to raise standards in all schools. I am a strong supporter of academies and free schools. In fact, when I was shadow Schools Minister—the job that the hon. Member for Cardiff West now has, has had for some time and might have for many years to come—I was able constantly to praise the efforts of the then Labour Government to increase the autonomy of schools and create the academy model, building on the grant-maintained schools that went before them. It is regrettable that the Opposition are starting to move away from that bipartisan position.

To return to amendment 11, my campaigning on the subject aims to bring better schools and more opportunity to more children in state schools across the country, as well as to champion the obvious success that is evident in my constituency and in the borough of Trafford. Having been educated at Altrincham grammar school, which is in my constituency, I do not just believe that selective education can bring wider opportunity and social mobility; I know it.

I am not seeking to impose a different model of education on places or communities that do not want it, but I believe in wider choice for parents and a greater diversity of schools. I cannot see why every specialism under the sun should be welcomed today, except for a specialism in teaching the more academic. It is absurd in today’s pattern of educational provision that the law still holds that the man in Whitehall knows best, especially if he celebrates the success of existing grammar schools but seeks to prohibit any new ones, however much parents and communities might want them.

[Mr Burrowes]

I congratulate my hon. Friend on this welcome amendment. We have heard from the Opposition in another context about the need to encourage partnership and collaboration and to provide consultation. His amendment provides for selection admission arrangements but only if

“a local education authority or local admission forum”

requests it, so it goes down that very route.

[Mr Brady]

I am grateful to my hon. Friend, who makes an important point. Of course, I was deeply disappointed, if not entirely surprised, that the hon. Member for Cardiff West, having lauded the benefits of localism and urged more reliance on what communities and parents across the country want, then sought to dismiss amendment 11 out of hand, despite the fact that it seeks to ensure that the proposed changes would be possible only in the event of significant levels of local support, as evidenced by the request from a local education authority or a local admission forum.

The hon. Gentleman also referred to the current situation in Kent. It is ridiculous that parents in Sevenoaks are having to wait to see whether an application for an annex to an existing grammar school can fit through the Department for Education’s hoops. Kent has a pattern of selection that is popular and well established, and the problem is that demographic changes have led to a mismatch between the location of schools and the location of the communities that depend upon them.

Amendment 11 has widespread support, including from three parties represented in the House, two well respected members of the principal Opposition party, at least two Conservative former Education Ministers, a former shadow Education Secretary, a former shadow Schools Minister—that is me—and at least three former Cabinet Ministers. It also enjoy the support of the current Mayor of London, my hon. Friend the Member for Uxbridge and South Ruislip (Boris Johnson), although sadly not in time for his name to appear on the amendment paper. There is therefore a breadth of support across the House for these changes.

Contrary to what the shadow Schools Minister implied, that breadth of support is hardly surprising. In fact, the surprising thing is that there is not more support for selection evidenced in the House, given that opinion polls—they do not get everything right, but they do give some indication, when they are consistent, of strength of opinion—suggest that over 70% of the public, and indeed the majority of voters for all the main parties, would like to see more grammar schools.

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[Mr Burrowes]

It is a pleasure to take part in this stage of the debate on this important Bill. I, too, support the Government in their intolerance of failing and coasting schools, and their continued restlessness for improvements. Young people have been let down by the system and by their schools, particularly in disadvantaged areas where mobility is being stifled.

I want to speak to new clause 2. I welcome the comments by the hon. Member for Liverpool, West Derby (Stephen Twigg). In many ways my comments will chime with what he said. From his experience of my constituency as my predecessor, he will know of the example I am going to use.

We need to look carefully at the assumption that there is a form of governance that is right for every school. We all no doubt agree that any good school needs strong leadership and supportive governors who are there to be critical friends to help to develop its character and to produce, through the quality of the teaching, the results that every child across our nation deserves. Certain types of governance and structure are needed at certain times to be able to provide initiatives, interventions and the rapid improvement that is required, and others are needed at other times to support and complement all the basic skills.

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[Mr Gibb]

I shall come to that, if the hon. Gentleman will be patient.

The academies programme is delivering autonomy and freedom from control by local bureaucrats, delivering the change that will help to ensure that the promise of a “grammar school for all” can be delivered. I hope my hon. Friends supporting the amendment are assured that the Government share their commitment to ensuring that opportunity is more widely shared, and that every young person has the academic education they need to fulfil their potential. I believe that this commitment is best delivered by turning around failing schools more swiftly, and making sure that schools that are coasting take urgent action to improve. When combined with our reforms to qualifications and the curriculum, which challenge long-held orthodoxies peddled by the education establishment in the local authorities and university education faculties, I believe these reforms will play a significant role in restoring academic standards, which is what I know my hon. Friends would like to see.

The amendment also proposes to allow the Secretary of State to make an order that any maintained school could become selective, when requested to do so by the local authority or admission forum. I warmly support grammar schools that seek to extend their reach and their capacity by sponsoring other schools and increasing the number of pupils they teach. In the previous Parliament we changed the rules to give schools, including grammar schools, greater flexibility to expand to meet parental demand. As a result, there has been no fall in the proportion of young people in grammar schools under this Government.

Some of the amendments seek to challenge or alter our entire oversight and accountability framework. New clause 2 seeks to alter the accountability and mechanism of the appointment of regional schools commissioners by making them appointees of combined authorities or elected mayors, but the current regional schools commissioners model is working; they are well embedded in their regions and the lines of accountability are clear.

[Mr Burrowes]

Will the Minister respond to my request for an assurance that there will still be opportunities for continued collaboration and partnership? We heard about the good example of the London challenge, and the Liverpool challenge is coming soon. The Enfield challenge worked because the rapid recovery group involved the excellence that was on its doorstep to ensure that there was rapid improvement.

[Mr Gibb]

My hon. Friend makes a good point. We want schools to improve, including coasting schools, and we want them to use every method to do so. We want local authorities to use every tool in their toolkit to improve schools under their jurisdiction, and we will encourage and help them to do so. However, when they fail and schools go into special measures, time is up and it is time to take a new direction. If schools are academies, we encourage collaboration between them and maintained schools. We encourage collaboration between academy chains and other academy chains, and within multi-academy trusts.

This is an important Bill that takes our reform programme to the next level to tackle not just failing schools but coasting schools—the complacent schools that for years believed they were doing well enough but in reality were failing to ensure that every child was reaching his or her full potential. If hon. Members have high expectations for every child in this country, I hope they will give the Government the flexibility we seek to take swift action to tackle failure and to address mediocrity. The amendments tabled by the Opposition would hinder that flexibility. I therefore ask Members to withdraw their amendments or, failing that, the House to reject them resoundingly.

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[Bill Esterson]

May I say how much I agree with what my hon. Friend said, particularly at the end of his speech? I want to see better outcomes for adopted children and I hope the provisions in the Bill will help to achieve that—it is important to say that. As we discussed in Committee, the overall approach to permanence in improving the life outcomes of children, whether they are adopted or in other forms of permanence, must be addressed. I share my hon. Friend’s desire to see the Minister back at the Dispatch Box as soon as possible, proposing improvements in permanence in foster care, kinship care, special guardianship arrangements and residential children’s care, which, as the Education Committee pointed out in its report last Session, has been a cause of particular concern.

Not the least of the issues that the Minister should address is the desperate need for an improvement in child and adolescent mental health services, which the Leader of the Opposition raised at Prime Minister’s Question Time. CAMHS provides vital services. I agree with my hon. Friend the Member for Birmingham, Selly Oak that the psychological needs of children entering the care system should be assessed and supported every bit as much as their physical needs. I was heartened by what the Prime Minister said today about the importance of addressing people’s mental health needs as much as their physical needs, and I hope that that will be the Government’s direction of travel in health policy generally.

[Mr Burrowes]

I am sure that the hon. Gentleman is also concerned about outcomes, particularly in relation to mental health. Is not time one of the key problems? The fact is that 3,000 children are waiting to be matched with parents, and half of them have been in care for more than 18 months. The time factor is having a severe impact on their mental health, which the Bill seeks to address.

[Bill Esterson]

That is an important point. The delay in a child’s being placed permanently, whether through fostering, adoption or any other form of permanence, can certainly contribute to psychological damage, which can be characterised as neglect or in other ways. An improvement in the speed of decision making is essential. We debated that in some detail in Committee. One cause for concern is the problem of delays in the court system, and in the making of decisions on whether or not children should stay with their birth families. I think that professionals, along with the courts, should decide as quickly as possible whether children should stay with their birth families or move into other forms of permanence. The children’s long-term needs must always take priority.

I hope that, as a result of the Bill, the shortage of adoptive parents and the difficulty of recruiting them will be addressed. Perhaps that could be included in the report to which the amendment refers. Perhaps the report could include information about how well the agencies that are envisaged are doing in recruiting in general terms, and also about what has happened to children who have been to some of the specialist smaller agencies that were mentioned by my hon. Friend.

It is evident that unless prospective adopters come forward, very little can be done about adoption, and I hope that that will be one of the outcomes of the Government’s proposals. Approaches such as concurrent planning and fostering to adopt have succeeded in improving outcomes for children who end up in the care system. However, a danger arises from the fact that adoption has been given so much prominence in this Bill—it is the only form of permanence addressed in the Bill. This concern is reinforced by steps such as the closure of the British Association for Adoption and Fostering and the loss of jobs in the sector, as well as the hard times faced by the voluntary agencies and by local authorities due to the financial constraints they face. We run the risk of moving in the wrong direction and jeopardising having the support in place through a well-trained workforce, and having the right numbers of adopters and foster carers coming forward to look after children who end up in care and who need the stability and long-term support that should be available to them.

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[Mr Burrowes]

I should like to take this opportunity to congratulate the Minister on leading the charge towards increasing the number of children who have permanent homes. The record increase in the past year provides the best evidence that we are a party and a Government that support families. In regard to the move towards regional adoption agencies, can he assure me that there will not be a one-size-fits-all approach, and that there will be flexibility in the system? For example, in the borough of Enfield, will there be a cross-over into Hertfordshire as well as into the London boroughs? We need to achieve the necessary efficiencies, but we must also act in the best interests of the children.

[Edward Timpson]

I am grateful to my hon. Friend for his support, not only for the Bill but for the work that we have been doing in government to improve the adoption system. I can assure him that we will go on to talk about those matters in more detail. This is very much a bottom-up approach to the development of regional adoption agencies. It has purposely been designed to ensure that it has the flexibility that he mentioned, so that local authorities across regions, working closely with voluntary adoption agencies, can come up with the solutions that work best in their areas, based on their collective expertise. Even in the early stages of the process, that is already happening.

Before I set out the reasons why we do not accept the amendment, I want to address the specific issues that have been raised in the debate. At the heart of this has been the way in which adoption fits into the wider routes to permanence for children in the care system. Reforming the adoption system is a key Government priority, but adoption is clearly a solution for only a small group of children who cannot be looked after by their own parents, as the hon. Member for Sefton Central (Bill Esterson) reminded us. That is why, in parallel to improving the adoption system, we have taken—and are determined to continue to take—action in relation to other placement types as well.

The reason that the measures in the Bill refer only to adoption is that the adoption system operates on such a geographical scale that the kind of rationalisation envisaged here makes sense. However, if local authorities want to bring together other permanent services voluntarily, they have the freedom to do so. We are also taking action to improve the outcomes of children who have already left the care system. In the last Parliament, we took many steps to improve the support for children in care, including providing funding of nearly £100 million through the pupil premium plus, allowing targeted individual support to be provided for children in care in schools, introducing a new duty on local authorities to appoint a virtual school head, strengthening quality standards in residential settings to make them safer places for children and young people, and launching a cross-Government strategy for care leavers in 2013.