Children’s Wellbeing and Schools Bill

Lord Leigh of Hurley Excerpts

Wednesday 10th September 2025 Lords Chamber

[Baroness Spielman (Con)]

My Lords, I too support the amendments proposed by my noble friend Lady Barran. As she and my noble friend Lady Evans have pointed out, it is again not obvious why these powers are needed. The existing legislative framework and funding agreements provide ample levers to enforce and hold academy trusts accountable. If there is an implied shift, as there appears to be, away from accountability and towards direct control and management, it is important to remember what we heard from the noble Lord, Lord Blunkett, this afternoon: he laid out very clearly those underlying principles about high autonomy, balanced with strong accountability, and referred to the problems and weaknesses of some local authorities, which made it necessary and desirable to move to the model that served us well for many years. It would be deeply unfortunate if we end up with a central government that is attempting to manage the entire school system, rather along the lines of one of the weaker local authorities of 40 years ago.

I am worried about the strain that this will place on the Civil Service. I have concerns about people trying to read tea leaves and decide whether a breach is likely. As others have said, it feels like a system that is almost certain to create more contention and disagreement, and more time wasted on legal disputes and challenges to action, than it is to help children by resolving problems early. I support the set of amendments proposed by my noble friend Lady Barran.

[Lord Leigh of Hurley (Con)]

My Lords, I support the amendments tabled by my noble friend Lady Barran. I have not spoken in Committee and apologise for not being available to speak at Second Reading. Although I supported many of the arguments earlier today in respect of teachers’ qualifications, curriculums and so on, I chose to speak on this group of amendments because these clauses go to the essence of the academy and negate much of what an academy is about and what it wishes to do.

These amendments are particularly important. It is a bit disappointing that there are so few of us loyal troopers in the Chamber tonight to address this extremely important issue about the core of how academies are run.

I will disclose my interest in a second, but I was propelled to speak because I heard from one sponsor whom I know well that, if these clauses come through, he would want to hand “his academy”, as he calls it—the academy that he sponsors—back to the state. I cannot believe that this is what the Government want to achieve, but inclusion of Clause 49 may well lead to that. It would be a tragedy for our children’s education.

I am a huge admirer of academies. I was a trustee of the London Academy in Edgware and am currently a member of the Leigh Academies Trust in Kent. A member is a peculiar status within an academy, but that is what I am. I am not a governor or a trustee; along with the county council, I am a member.

The first, the London Academy in Edgware, was one of the original sponsored academies. It replaced a failing school in Edgware and was sponsored by the philanthropist Peter Shalson. In 2023, thanks in no small part to the excellent head, Paddy McGrath, it became one of the top 55 schools in the country. Importantly, over 50% of the students are eligible for the pupil premium and the admission policy prioritised students eligible for free school meals. This was a fantastic achievement. It has been obtained not least because of the flexibilities that it has been afforded and the freedoms which have been granted to it by its academy status.

As I mentioned, I am also a member, along with Kent County Council, of the Leigh Academies Trust. Under the leadership of Simon Beamish and Frank Green, it has grown from being one of the original CTCs, which some may remember—for full disclosure, it was originally sponsored in the 1980s by my uncle, Sir Geoffrey Leigh—to now being a MAT of over 30 schools. It is widely respected for its tremendous achievements.

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[Noble Lords]

Oh!

[Lord Leigh of Hurley (Con)]

I am only repeating what was in print; I do not know why. Clearly, when one looks at the academies, one can see the tremendous success and improvement to education to the benefit of children in this country. Control of schools by central government clearly and empirically is not the answer, so I hope the Government will listen to my noble friend Lady Barran, whose dedication to this sector I salute, and agree with her amendments.

[Baroness Bousted (Lab)]

My Lords, I do not want to prolong the debate, but I have to answer the charge that it is simply the academies that are improving standards in education, and maintained schools are not. Research in the area does not show that to be the case. Since 2017, I think, the Education Policy Institute has had a yearly look at the performance of academies and state schools. Last week I looked at the one for this year and, although I cannot remember the exact figures, the general conclusion was the same that it has been every year: there are some very good academy chains and there are some poor academy chains; there are some very good maintained schools, and some are doing less well. When you look at the results in the round, there is no premium, overall, for the academy sector.

The noble Lord may shake his head, but I will happily write to him with the research. I do not want to prolong things, but I just could not sit here and take that remark again. I thought we had discussed it over dinner; now I am saying it in the Committee so that it is on the record. It is simply untrue to say that all the improvement is in one sector of schools and that there is no improvement in maintained schools. That simply is not the case; the evidence and the research simply do not support that.

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[Baroness Spielman (Con)]

My Lords, I want to speak briefly on academy orders and to support Amendments 445B, 446 and 446A. My noble friend Lady Barran rightly said that I did not support the extension of academy orders to those schools that require improvement. I remember writing to the then Secretary of State to warn him that, among other things, it would place inspection under impossible pressure, and I think that my assessment was borne out.

This Government were quick to change their regulatory policies to remove their dependence on overall inspection judgments, so that those judgments could be removed. What we have seen over the past year is interesting, because it has shown that the sector also dislikes opaque and unpredictable processes, such as are now operating. With the loss of clarity, every intervention decision potentially becomes just the opening salvo in a long war of attrition.

I experienced quite a few of these sadly sometimes misguided parent campaigns to defend a school that was in fact in a desperate state and where the parents simply did not realise quite how bad it was. I know how debilitating some of these situations can be for all concerned and how drastically they can delay the kind of work and action that is needed to sort things out for children. Getting things sorted out for children typically also sorts things out for staff, making their jobs doable again.

We also now have years of experience of RISE teams and their predecessors. None has been found to be fully satisfactory. Each incarnation starts by recruiting school or MAT leaders but, over time, tends to morph into being a team of generalist officials who are not themselves equipped to provide support and, sometimes, struggle to identify the most appropriate alternative sources of help. I therefore support the proposals for improvement made by my noble friend and urge the Government to think hard about how to make sure that the consequences of failure—it is important that we can recognise failure—are clear, brisk and well implemented, with the maximum certainty and the minimum delay, limbo or uncertainty for all concerned.

[Lord Leigh of Hurley (Con)]

To get the current situation on the record, I looked around for evidence and found a quote that is helpful in our deliberations on this issue. The quote is:

“I have serious concerns about the proposal to change the pathway for turning around failing schools. I know from bitter personal experience that any change to the status of a school can become highly political. The current system, in which failing schools automatically become academies, provides clarity and de-politicisation, and ensures a rapid transition. I fear that making that process discretionary would result in a large increase in judicial reviews”—


as has been mentioned—

“pressure on councils and prolonged uncertainty, which is in nobody’s interests”.—[Official Report, Commons, 8/1/25; col. 902.]

I think that encapsulates the situation quite neatly. It is from Siobhain McDonagh, speaking on 8 January 2025. It can be found in column 902 of the relevant Hansard; I am providing the reference since my earlier remarks were challenged. So I will put them on the record as well: they came from the Spectator on 5 February. I believe that Siobhain McDonagh summarised the situation very fairly.

[Lord Addington (LD)]

My Lords, very briefly, what draws me to say something here is Amendment 446. It is an interesting idea that is inspired by academies, if you like. When you have a successful maintained school and it is close, you take over and you have a nice successful model that is still in the maintained sector.

We have been saying, in effect, that we accept that academies are part of the landscape. The fact is that they are not the only successful part of the landscape, because a maintained school must have done reasonably well to remain a maintained school, so it has been successful. If we are interested in success—and not running up a political flag, whatever colour we choose—it is a perfectly reasonable thing to do.

Let us also remember that some of the worst schools now will be academies because they have been failing and they come down, and some of the most successful ones are the ones that jumped ship because they had nice catchment areas and all was going well, so they became independent. That is one of the realities. So I hope that, when we look at how we improve schools that go wrong, we have other options because, if we dig into the academy system, we can find serial failure even there.

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[Lord Leigh of Hurley (Con)]

My Lords, I will speak very briefly, because we had much the same debate in the Employment Rights Bill. In the Employment Rights Bill debate on this subject, the noble Lord, Lord Katz, explained the Government’s position. I made the point that, in my experience, when people—particularly young people—are in disciplinary procedures and meetings, their preferred choice of person to accompany them is invariably a parent, for obvious reasons. I tried to table an amendment to suggest that relatives, whether or not they are professionally qualified, should be allowed to accompany people in such circumstances. That got lost in the heat of the Employment Rights Bill, but I invite the Minister to consider whether a relative might be included as a professionally qualified person for this purpose.

[Baroness Barran (Con)]

My Lords, I am delighted to speak to Amendment 448 in my name and to support Amendment 448A in the names of the noble Lords, Lord Storey and Lord Hampton, to which I have added my name.

Amendment 448 would extend to maintained schools the freedoms that academies enjoy in relation to their staff’s pay and conditions. I cannot see a strong reason not to do this. Again, this is about trusting school leaders to make the right judgments for their team. My amendment is clear that the School Teachers’ Pay and Conditions Document should act as a floor and not a ceiling in relation to teacher pay. I acknowledge and thank the Government for the important amendment they tabled in the other place that established this final point in relation to academies.

Amendment 448A has already been ably and nobly spoken to by the noble Lords, Lord Hampton and Lord Storey, and my noble friend Lord Ashcombe. As other noble Lords have said, the amendment aims at the fundamental fairness that all teachers have the right to be accompanied by a certified companion. Teachers who are members of a trade union should feel well served by the representation that they pay for, and that is something that we welcome. It is also fair and reasonable to say that there would be some teachers who would choose not to join a union for a whole range of reasons, including disagreeing with strike action or a union’s political objectives. The Minister will be very familiar with some of the recent demands from unions—we heard some of them tonight, including abolishing Ofsted and returning academies to local authority control. It is fair to say that some people could reasonably disagree with these. This amendment seeks to ensure that teachers who, for whatever reason, are not union members can be accompanied by a trained and certified professional companion.

The amendment would tidy up the existing situation where trained companions from organisations such as Edapt are routinely admitted to hearings in schools but lack a legal right to do so, and on occasion are refused by employers. This amendment would provide a mechanism to regularise the good practice that is already seen in the sector and ensure that it is spread equally.

The amendment has another spin-off benefit. The Minister will be aware—I think my noble friend Lord Nash talked about this—that schools are seeing an increasing number of complaints being generated by AI. Complaints might be generated using an LLM, but they cannot be resolved in the same way. It is therefore important to ensure that workplace hearings are efficient and effective and keep pace with that very regrettable trend.

I cannot support Amendment 447A—I see that the Minister is smiling in surprise. In the good tradition set by my noble friend Lord Agnew, I also spent some time writing to chairs about CEO and senior leadership team pay. I disagree with the Minister that this should be resolved through the STRB.