Lord Barwell
Main Page: Lord Barwell (Conservative - Life peer)Department Debates - View all Lord Barwell's debates with the Department for Education
(13 years, 10 months ago)
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Vernon Coaker
Of course outstanding schools can be trusted, but such schools have demonstrated that they already have all the freedom they need to be outstanding. Schools in areas of social deprivation or those suffering from educational underperformance should be allowed to operate in a way that, we hope, will raise standards. Evidence on whether or not the hoped-for and expected higher standards have been achieved is not as clear cut as one would like to imagine. I shall come on to deal with impact assessments in more detail later, but for any type of school, the impact assessments are quite wary about the evidence is terms of how much progress has been made in academies. All I am saying to the right hon. Gentleman—to be fair, he operates by trying to make policy on the basis of evidence—is that the evidence is mixed, so to plunge headlong into a massive expansion of academy freedoms without due regard to the evidence is not the right course of action for special schools or others.
Gavin Barwell
The hon. Gentleman talks about a massive expansion, but surely the key point about this legislation is that it is permissive. Special schools and primary schools will become academies only if those schools themselves judge that they want to be academies. Does he not trust the judgment of those schools, their head teachers and their governing bodies?
Vernon Coaker
It is simply not the case that the hon. Gentleman’s Front-Bench team wants this to be a gentle expansion and not a big bang. The Secretary of State sees this as a flagship Bill. The idea is to try as hard as possible—notwithstanding the impact assessments—to expand the number of academies as quickly as possible. If we had been successful in the election and were still in government, we would have expanded the number of academies. Indeed, I had signed up to a number of them coming forward in September—some in the hon. Gentleman’s constituency—and my right hon. Friend the Member for Morley and Outwood (Ed Balls) would have expanded the academies programme, as I said.
The issue is the model for the expansion. That is the difference between us. We will argue our way all around the different clauses, but this goes to the very heart of the debate. Our view is that we should concentrate on schools in areas of social disadvantage and educational underperformance; this Government’s view is to allow outstanding schools to fast-track to academy status with all the risks that that brings.
Gavin Barwell
The hon. Gentleman will know that in London constituencies like mine, people in very disadvantaged circumstances often live right next door to fairly affluent areas. Why does he think that only poorly performing schools should try to improve? Why should satisfactory schools, good schools and outstanding schools not also try to raise their standards?
Vernon Coaker
That is a fair point. We want all schools to improve their standards. That is not my point. My point is that allowing only outstanding schools to let rip in this way is likely to cause problems. The hon. Gentleman needs to ask why the Bill does not specifically provide that outstanding schools should or must co-operate and reach an agreement with an underperforming school. As it stands, it is a permissive part of the Bill: it is a good thing to do; it would be nice if those outstanding schools did that. They should do so, but there is no “must” about it. I am not sure how this would work in respect of the programme motion, but the hon. Gentleman might like to consider tabling an amendment formally to require outstanding schools to partner other schools—special schools or whatever—that may be next door to them, but are not satisfactory and are not delivering the standard of education that they want. If he did that, I would look forward to considering whether we could support it.
Vernon Coaker
I agree.
We have serious doubts about the capacity of primary schools, and about what the costs will be, who will be leading the process, how it will be managed and so on. There are also financial implications. I have been told of a primary school in the west midlands—I think that it was mentioned in the other place—that recently developed serious structural faults. The local authority found the money to put the problem right, with a final cost of around £1 million.
Another example of where the local authority often steps in is on the matter of fires on school premises. How would that work under academy status? The Department for Education advice states that it would expect schools that had become academies facing such problems to take out loans. How could a small school possibly afford to do that? What does the Minister imagine would happen in those circumstances? How would the repayments be made? Who would get the loan in the first place? How would that operate? Most primary schools rely on the local authority to pick up the costs of redundancies and employment tribunals, as well as the legal costs associated with challenges on accidents. The school would not necessarily be able to find the cost of the insurance to cover those things.
Again, the Department for Education’s own website states that, for most schools, the cost of insurance will be between £60,000 and £100,000. The cost of purchasing legal and personal advice commercially needs to be taken into account. How would that work? What will happen with all that? Are we going to have another advisory committee to look at all those details, as we did with special schools, before we get a proper answer? The problem for primary schools is that all these are unanswered questions. Many primary schools are on holiday now, yet some of them are supposed to be opening in September as academies. How is that going to happen? What is going on?
A great deal of work has been done over the past few years, by others as well as the Government, on managing the process of transition from an early years setting into the first year of primary school. The review of the early years foundation stage announced by the Government over the last week or two will not, I trust, represent the reversal of much of that good work. The reality is that there are overlapping responsibilities between early years settings, the children’s trusts—the abolition of which would cause great concern for Labour Members, but I know that Ministers are either considering or proceeding with it—and a number of child care and early years settings sited with primary schools. How is that supposed to work? What happens with all of that—child care, nursery provision, early years provisions—in relation to primary schools? Will there be separate applications to convert separately? Do they stand alone? Will it work differently for a primary school, a nursery and an infant school? Again, I have seen no explanation of that. In many ways, I am concerned not so much about the ideology as the practicality. In the rush to get the Bill through, many practical issues have not been thought through and, frankly, Ministers do not have the answer to them.
Thousands of primary schools—some small, some big, some in rural areas—are involved, but where is the evidence for this change coming from? As I stressed in the debate on the last group of amendments, the crucial evidence that Governments often publish on their Bills is the equality impact assessments and the impact assessments. All members of this Committee will have seen and read those assessments, but there is not a word about primary schools in them—not a word. How, then, are we supposed to judge? This is supposed to be the evidence base for the Bill. Where is the evidence base for this Academies Bill, when there is nothing in it about primary schools? How can any hon. Member look at the evidence base and decide whether the Government’s proposals are acceptable?
Conservative Members seem to think that the idea of primary schools becoming academies is great, but their new Government effectively said, “We do not believe that policy should be made without evidence,” so where is the evidence?
Vernon Coaker
Let me finish the point, and then I will, of course, give way.
It is the same with the equality impact assessments. They relate to existing academies, which are all secondary schools, so there is nothing in them about primary schools. Yet this is supposed to be the evidence base for the Bill. Frankly—although I am going to say this gently to the Minister of State, Department for Education, the hon. Member for Bognor Regis and Littlehampton, as we get along—this is not good enough. For all of us to look at the evidence for or against this Bill and to analyse, discuss, debate or disagree with it, and to say what has been missed out of it or what should have been included in it, we require an evidence base—but there is no evidence in it. We are told that if conversion to academies goes ahead, the GCSE results will be 1.5% what might have been expected if the schools had not converted. What on earth has that got to do with primary schools? This is a very serious point and at some stage the Minister will have to answer it.
Vernon Coaker
I will give way to the Minister in a moment, but to his hon. Friend first.
Gavin Barwell
The hon. Gentleman said that he had approved an all-through school in my constituency. Where was the evidence base for the primary section in that application?
Gavin Barwell
First, I thank the hon. Member for Gedling (Vernon Coaker) for being so generous in his speeches on this amendment and the previous amendment in allowing people to intervene and ask him questions. I appreciate that.
The amendment is further evidence of the dichotomy of the Labour party’s approach to education policy for primary and secondary schools. With capital, as has been discussed, the previous Government’s Building Schools for the Future programme was concentrated purely on the secondary sector, whereas their policy on academies was to have them in deprived areas at secondary level but not at primary level, even though many issues of educational under-attainment stem from performance at primary level. The list on the Department for Education website of schools in my constituency that have expressed an interest in the academy process includes Wolsey infant school in New Addington, which is an outstanding school, and St Mary’s junior school, which is not. Both of them serve highly deprived parts of my constituency. If Labour Members have the passion that they say they have about driving up educational standards in deprived areas, that ought to apply equally at primary and secondary level.
I do not wish to detain hon. Members for long, but I want to address the four main objections that have been raised regarding primary schools. The first objection was about size and whether primary schools would be able to cope with the responsibilities that come with academy status. Having looked at the schools in my constituency that have expressed an interest, I would expect a far lower proportion of primary schools than secondary schools to be interested in going down this route because of their size. However, there are large discrepancies regarding primary schools. In my local authority area there are a number of single-form entry schools, some two-form entry schools and a significant number of three-form entry schools. The picture is very different for a three-form entry school, such as the state school that my children go to, than for a single-form entry school.
It would be helpful if the Minister clarified the position on federations. The Secretary of State’s response to the shadow Secretary of State on Second Reading implied that applications from federations would be accepted. Clearly, that would be one way of addressing issues of size and scope. One concern that the Labour party has raised about academies is the fear that schools will stop working together, so it seems particularly perverse for the amendment to rule out the prospect of federations of schools applying for academy status and preserving those relationships that Members on both sides want to persist.
My main point about the issue of school size is that the legislation is, as several hon. Members have pointed out, permissive. Surely, we should trust head teachers, leadership teams and governors to judge whether their schools have the capacity to cope with academy status.
Mr Stewart Jackson
My hon. Friend has hit the nail on the head. It is better to have looser language in the Bill because, as the hon. Member for Gedling (Vernon Coaker) knows, any issues of consultation in relation to the schools that seek to proceed along this path will be the subject of regulation and secondary legislation. Does my hon. Friend agree that it is better to have looser language in the Bill than to be too prescriptive, because that might, as the shadow Minister has said, lay individual schools, local education authorities and other bodies open to legal action further down the line?
Gavin Barwell
My hon. Friend makes the point far more eloquently than I can. At some point in the future, the shadow Education Minister might have the honour of being the Minister again, or even the Secretary of State, who will sign off the applications for academy status. However, the amendment would tell primary schools or federations of primary schools that they were not even allowed to make the case for academy status, and that is completely the wrong approach.
Ian Mearns
The hon. Gentleman refers to schools working in partnership on school improvement programmes, and clause 15 refers to city technology colleges becoming part of the family of academies that the legislation will look after, but I am afraid that the city technology college in my constituency has always been fiercely independent and has never wanted to work in partnership with any other school or with the local education authority. I do not see how the circle will be squared, because that is the evidence from our experience.
Gavin Barwell
I thank the hon. Gentleman for his intervention, but my experience in my part of the world is very different. In Croydon we had one of the original city technology colleges, which has converted to an academy, as most CTCs have, and the academy partners have continued to work closely with the local authority and community.
My next point is about the evidence base. In an intervention on the hon. Member for Gedling, I referred to the evidence in relation to the Oasis Academy Shirley Park, an all-through academy that he and the former Secretary of State approved in my constituency. The evidence from the first year is that at primary and secondary levels the academy has made a profound difference not just to pupil attainment, parental satisfaction and the local community’s confidence in the school, but most importantly to the pupils’ perception of the school that they attend, which surely ought to be the key judge of any school.
The Opposition also argued that the policy is a leap in the dark, and that, whereas the previous policy was managed and a number of schools became academies each year, we are opening the floodgates and do not know how many schools might become such institutions. Having listened to the debate, however, it is clear that the Secretary of State will retain control of approving academy applications, and the explanatory notes to the Bill give a rough forecast of the numbers that we might expect.
My final point is about the admissions policy. The hon. Gentleman suggested that, given how primary schools are rooted in their community and some secondary schools are not, there was a danger that the admissions criteria might change and the local link could break down. As I understand the arrangements, however, such schools will continue to be covered by the admissions code. Indeed, in my area we have written into academy funding agreements the importance of a clear local link in relation to selection. In all parts of the country, we want good schools serving their local communities so that local parents have what they want, which in my experience is a good local school.
None of the concerns about size, evidence base, opening the floodgates or admissions bears any scrutiny, and there is a very important point of principle. Primary schools or federations of primary schools should have the chance to make to the Secretary of State the case for being given academy status, so that we see at primary level the same improvement, particularly in deprived parts of the country, of which there are a number in my constituency, that we have seen at secondary level.
Glenda Jackson
The Government argue that the Bill is permissive, but my hon. Friend the Member for Gedling (Vernon Coaker) has made it abundantly clear that there is no evidence why primary schools should apply for academy status, so I am intrigued about the permission that the Government believe primary schools are denied and, therefore, want to grant them.
Government Members have also argued that the Bill is born of a desire to raise standards, but the issue with primary schools in my constituency, all of which are over-subscribed, have very high educational standards and provide a much more rounded education to the children who attend them, is that there will be a serious shortfall in places. Before the general election we were informed that a new primary school would be built in my constituency, and I shall not go into the debacle of Building Schools for the Future, but it has a knock-on effect on the provision of school places—certainly in an inner-London borough such as mine. That proposal now seems either to have disappeared or to have been thrown into the deep freeze.
The overriding issue that parents raise with me as regards primary schools is that they cannot get their child into their first-choice primary school, which almost invariably is that within walking distance of where their child lives. They want that not only because their child is already part of the community where they then make friends who live in the same area but because, as we are increasingly aware, many parents have to juggle not only work but a variety of school ages among their children. Only the other day, I had a constituency case involving a mother whose third child is about to start primary school. She has to transport the other two children to different parts of the borough, and it is clearly out of the question for her to be asked to take a place in another primary school that is even further away.
I am somewhat bemused as to why the Government think that their approach of academising all our schools will tackle the real issues that are facing my constituents and their children in relation to the provision of school places. There is another, more nuanced issue in my constituency. Many of the primary schools are faith-based, and there is constant conflict between parents who want their children to go to a faith-based school and parents who do not want their children to go to such a school.
That brings me back to my central point about academising all our schools—the Government’s continuing total exclusion of the opinions of parents. If it were stated in the Bill that parents have to be consulted, I could begin to understand this. I would not understand it completely, but I could see that it might offer the means genuinely to examine the issues that face many of my constituents as regards primary schools. My hon. Friend mentioned another concern to do with nursery places linked to a primary school, but he did not touch on after-school clubs, which are also linked to primary schools, certainly in my constituency. There has also been a move towards primary schools acting as feeders for secondary schools, as well as community linkage across my entire constituency, which encompasses two London boroughs.
As I say, I am bemused by the idea of academising our educational system, but the central and essential issue for me is the Government’s total failure to acknowledge the importance of consulting parents on these issues. I see that the Chair of the Education Committee has returned to his place. In an earlier intervention, he castigated my hon. Friend for his criticism of the Bill and said that Labour was reverting to some deep-frozen I do not know what—he said something about the waters closing over new Labour. I found that somewhat surprising, because before the election he was, almost individually, the creator of the all-party group on home education. If I remember rightly, the central and essential argument that he consistently proselytised, and I agreed with him, was that the Government of the day—my Government—had markedly failed to consult parents. That was the basis of his argument, and I am somewhat shocked that it seems to have disappeared from his mind.
Vernon Coaker
As I said, what happens is that a problem is identified and an attempt is made to deal with it. It became apparent that there were a number of exclusions, and I could have stood here and not drawn attention to that, opening myself up to exactly the point that the hon. Gentleman has, correctly, made. The rate of exclusions in academies was too high, and we wanted to do something about it.
It is clear that one way to deal with that issue is to include in the Bill a requirement to conform to measures such as admissions codes and the legal frameworks laid out on exclusions. In doing so, we would give much more legislative clout to achieving the things we want to achieve. I have given examples—the changes to the model funding agreements on admissions and on exclusions—that demonstrate that the Government are saying, “Trust us, we will do all this through the model funding agreement.” Through these amendments, I and my party are saying that we do not believe that that is sufficient and that such a provision needs to be included in the Bill, which is why we tabled these amendments.
Gavin Barwell
The hon. Gentleman is trying to make the case that the exclusion rates are higher in academies, and is comparing them with the whole of the maintained sector. Is it not true that research published by his Department when he was a Minister showed that exclusion rates in academies are no higher than the average rates for their local authority areas?
Vernon Coaker
I was quoting earlier from point 20 in the equalities impact assessment.
Let me try to make some progress. This set of amendments is extremely important. Allowing outstanding schools to fast-track to becoming academies raises all sorts of questions and concerns right across the Committee. What will it mean for admissions? We are told, “Trust the funding agreement.” What will it mean for exclusions? We are told, “Trust the funding agreement.” Grammar schools are to become part of the academy world. We are told, “Don’t worry, it won’t mean more selection. Don’t worry, it won’t mean more selective places.”
It is clear from the answers we have been given and the evidence before us that grammar schools becoming academies will lead to more selection. It is clear that, without its being made explicit in the Bill that there is a requirement to abide by the various codes and the legal framework in respect of exclusions and admissions, over the next few years we will see an expansion of selection and of exclusions from the intakes into certain schools—or, more likely, non-admittance—and a more socially exclusive education system. We all want increased attainment and our young people to achieve the very best they can, but we cannot do that by creating what this Bill in effect creates at its heart: a two-tier education system.