Oral Answers to Questions
Suella Braverman Excerpts(10 years, 3 months ago)
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Anna Soubry
The hon. Gentleman makes a good point, and he will of course know that 98% of Network Rail’s tracks are made in his constituency. He can be assured that we will make sure there is real delivery on those procurement changes. May I just pay tribute to the councils of Corby, Sheffield, Powys, Cardiff, Rotherham and his own in North Lincolnshire, all of which have signed up to the new agreement to make sure that in their procurement they use sustainable and brilliant British steel?
Suella Fernandes (Fareham) (Con)
T10. More than 4,000 people have started an apprenticeship since 2010 in Fareham, which is great news for people who want to learn new skills and for productivity. Will the Secretary of State join me in congratulating my hon. Friend the Member for Stratford-on-Avon (Nadhim Zahawi) on his work in this area and in encouraging people from Fareham to attend my apprenticeships fair on 12 February at Fareham College?
The Minister for Skills (Nick Boles)
If I could, I would spend every day at an apprenticeships fair in one of my hon. Friends’ constituencies—or, indeed, in an Opposition Member’s constituency. I was in Carlisle last week with my hon. Friend the Member for Carlisle (John Stevenson) at his fantastic skills show, and I urge everyone in Fareham to attend the one set up by my hon. Friend the Member for Fareham (Suella Fernandes).
Primary Schools Admissions Criteria
Suella Braverman Excerpts(10 years, 4 months ago)
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Suella Fernandes (Fareham) (Con)
I am grateful for this opportunity to raise an issue that is currently disadvantaging a small but vulnerable group of children. Many are already seriously disadvantaged, so any extra problem is one which causes considerable hardship.
First, I should declare myself a big supporter of the Government’s schools agenda, if I can do so without seeming overly sycophantic towards the Minister. He cares passionately about raising standards and getting the best education possible for children across the country. He has personally done a huge amount of work in the past 10 years to make these issues a priority for our party, and I thank him.
This is not a party issue, however, nor is it a question of Government policy. The issue is a very specific and technical point on how infant class admissions operate in practice. It was raised with me by a group of concerned campaigners, including many experienced people working in the field of school admissions appeals, such as those who sit on independent appeals panels and work in local education authorities. A number of them are watching this debate today and I thank them sincerely for raising this matter with me and providing me with a detailed briefing of the problem. I will draw on much of that material this afternoon, and I made it available to the Minister in my letter to him last month.
Before I come on to the crux of the issue, I want to put it on record that there is an outstanding group of primary schools in my constituency. I have visited many and I will visit them all. I am there to help all schools, teachers and parents in whatever way possible, whether Harrison primary school, an outstanding teaching school led by the inspiring Carolyn Clarke, which is leading the Pioneer Teaching School Alliance and is the home of the school-centred initial teacher training programme in Hampshire, or Locks Heath junior school led by Kevin Parfoot, where I was thoroughly put through my paces in a question time by years 5 and 6. I am proud that they are schools of national excellence in primary education. I invite the Minister to pay a visit to see that excellence for himself.
I also want to say why I care so much about schools and the education of our children. Education is the heart of social justice and the reason I am a Conservative. I owe so much to my education. My parents came to this country in the 1960s with nothing but hopes in their hearts and dreams for their child. I was blessed to have encouraging teachers, disciplining schools—I needed them—and inspiring lessons, all of which helped me along the path from an inner city state school to Cambridge University. My father started on the shop floor of a paint factory and my mother was recruited as a nurse at the age of 18. For them to see their daughter achieve in education was an aspiration come true. Education is the engine of aspiration and the reason I am a proud Conservative.
The issue of this debate relates to admissions to infant classes. Currently, the law limits class sizes to 30 pupils for infant classes, something that has been in place for many years and has widespread support. Let me be clear: that principle is not in question. However, the law allows an exception for certain categories of pupils that an admissions authority deems “excepted pupils” who can be allowed into a particular school even if the infant class size limit has been reached. This is set out both in the school admissions code and in the statutory class sizes regulations. At the same time, parents of children who fail to gain a place at a particular school have a right of appeal to an independent appeals panel. Herein lies the first problem with the current regime.
These appeals are limited in scope to reviewing how a decision was taken by the admissions authority and ensuring there was no error or irrationality in how the admissions criteria were applied—Wednesbury unreasonableness—and can take into account only the information available to the authority at the time of the original decision. It is not a merits-based appeal. This limited scope means that the children affected—those seeking places in reception, year 1 and year 2—are treated less favourably than older children in other years, because, by contrast, for all other appeals, known as normal prejudice appeals, independent panel members can balance the difficulties for the school in taking an extra pupil against the needs of the child, so that a more flexible judgment can be made on the evidence available.
Secondly, what happens if there is a significant change in a child’s circumstances or some other exceptional situation that might make a compelling case for them to attend a particular school? Currently, if the change in circumstances happens after the date of the family’s application for an infant class place, but before the appeal is heard, it cannot be taken into account by either the admissions authority or the independent appeals panel. Similarly, if such problems arise and there are no social or medical criteria in the admissions authority’s over-subscription criteria, the same problem arises. The family might have an exceptional and convincing reason for their child to attend a particular school, but there is no discretion. There is then no power for the appeals panel to consider those factors.
This situation is leading to serious injustice for a significant group of vulnerable children who might be facing severe and exceptional problems—things such as murder, suicide or serious domestic violence in the family, which we would all agree are serious matters for consideration. Even when the facts and their relevance are accepted, still no one in the system has the discretion to consider them. Such cases are coming before independent appeals panels, and I have heard from many involved about the distress they are causing.
Perhaps understandably, there is a suggestion that in some cases panels are nevertheless persuaded by exceptional factors to allow such appeals. They might find a technicality or artificially interpret a different criterion to justify a decision. While that might be a welcome outcome, it is nevertheless improper and leading to arbitrary justice. As a lawyer, I believe in the rule of law—its predictability and its robustness—and I do not want it to be circumvented in order for justice to be done.
Real life cases illustrate the problem. In one case, a parent had two of their children at a Roman Catholic primary school whose admissions criteria gave priority to regularly practising Catholics residing in the parish. Their third child was already attending the school’s nursery, and understandably the parent wanted them to have some continuity, to join their siblings and to have a Catholic education. However, that child was denied a place at the school, and was instead offered a place at a different, non-Catholic school. The reason was that, at the time of their application, the family had been rehoused by the local council as a result of domestic violence and then lived outside the parish. When the case was appealed, the panel was sympathetic but could not allow the appeal because of the lack of social and medical criteria and because they had no additional discretion themselves.
Let us consider another case: a family faced an awful tragedy when the father of the child in question committed suicide, after the allocation day for places, when their child had failed to secure a place at a particular school. Her sibling already attended it, and she had other difficulties that meant she could not easily transfer to another school. Her bereaved mother naturally wanted the children to be together and set out cogent evidence of the extra difficulties both faced as a result of their father’s death. But, again, there were no social or medical criteria and no discretion for the appeal panel to take those exceptional circumstances into account. And a last case: an unsuccessful yet timely application for reception year where, after allocation day, the child had been sadly diagnosed with cancer. The child already attended the nursery at the school. It was an own- admission authority school and the school governors wanted to admit the child in these circumstances but could not do so. There are many other cases, all suffering from and indicating the same problem: the rules are the rules; the law is the law; and the policy says no. My response is to ask whether the rules can be changed.
The representatives to whom I have spoken made some suggestions about what might need to be changed. There is a precedent for protecting categories of vulnerable pupils in the admissions process, in the treatment of previously looked-after children in the current schools admissions code as exceptional cases. That seems to offer a useful model, and it would appear that a specific and discrete amendment to paragraph 2.15 of the school admissions code would be what is required, inserting a new category that could be worded along the lines of “children in crisis for whose mental health and/or physical well-being it is in their best interests to be admitted to that particular school.”
What the campaigners on this issue are seeking is not an immediate commitment to such a change, but merely that the Government should consult on it, examine its likely effects and consider the inclusion of a general discretion. They feel that this would allow the issues I have summarised today to be properly considered and aired in detail.
Fundamentally, the problem comes down to whether the current admissions regime builds in sufficient discretion for vulnerable children to be treated as exceptional cases. I believe that it does not. I am persuaded by the argument that an admissions authority should be able to consider the exceptional and compelling circumstances of a child in crisis, where they believe that the child would suffer a significant detrimental impact by not being admitted to a particular school. I also believe that making provision for this discretion would be consistent with the protection already afforded to previously looked-after children.
We all know how emotive and controversial school admissions can be. Parents pin their hopes for their children on getting them into a school that is right for them, and where places are limited, tough choices have to be made. So I realise how carefully the Government will need to consider any change, but I hope I have been able to demonstrate that there is an issue here worthy of that consideration. I thank the Minister for his attention, and look forward to hearing his response.
Education and Adoption Bill
Suella Braverman Excerpts(10 years, 8 months ago)
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Mr Gibb
Of course the RSCs have been established only recently, and already 60% of all secondary schools in the country have become academies and an increasing number of primary schools are now academies. The transformation of schools from the maintained sector into academisation has been phenomenally rapid. We are now moving a step further forward to ensuring that we do not just tackle failing schools. If this Bill gets through this House—I hope the hon. Gentleman will support it this evening—any failing school, including any school in his constituency that is in special measures, will automatically become an academy, have new leadership and have new sponsorship, driving forward higher standards in that school. He should be supporting the measure.
Having said that, academisation will not always be the default solution for coasting schools, because where it is clear that the existing leadership does have the capacity to improve, they will be given the support and backing to do just that. But having the discretion to make an academy order is important, even for coasting schools, as a backstop provision.
I could cite many examples where becoming a sponsored academy has helped to improve academic standards, but let me highlight just one. In January 2014, Our Lady and St Bede Roman Catholic secondary school in Stockton-on-Tees was judged as requiring improvement by Ofsted. It became an academy sponsored by the Carmel Education Trust. In 2014, only 54% of pupils achieved five or more A* to C GCSEs including English and maths. Under the new sponsorship the headteacher has reported that that figure has risen to 72% this year; which is an increase on last year of 18 percentage points in just 12 months.
Suella Fernandes (Fareham) (Con)
I am grateful to the Minister for his work in Committee, where I served, alongside other colleagues in the House. Does he agree that we see that the Opposition’s challenge that this is not an evidence-based policy simply does not stack up when we look at the example he has cited and at academy sponsor trusts such as REAch2, Applegarth, STEP Academy Trust and WISE Academies, which have achieved astonishing turnarounds in a short time? Is this policy not just speeding up what works best?
Mr Gibb
My hon. Friend is absolutely right about that, and I was grateful for her involvement in, and contribution to, our deliberations in Committee. She knows what she is talking about, because she is chair at an extraordinary academy trust, the Michaela community school in Wembley, which was established by the formidable Katherine Birbalsingh. It is now into its second year and I recommend a visit to that school to any hon. Member who is interested in education. They will see a school that serves one of the most deprived parts of London delivering education of a quality that will astonish them. It is an astonishingly good school, and I am looking forward to its first set of GCSE results in three or four years’ time.
Oral Answers to Questions
Suella Braverman Excerpts(10 years, 8 months ago)
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Sajid Javid
Our policies for dealing with all industries are very clear: we have a very active dialogue with all industrial groups and with many companies, as well as with leading business groups, and that dialogue will continue. We do that, for example, through the sector councils; we listen very carefully to what they have to say and work in partnership wherever we can.
Suella Fernandes (Fareham) (Con)
T2. I recently visited SMR Automotive in Portchester, a global leader in vehicle exterior mirrors and camera-based ADAS—advanced driver assistance systems. With 750 jobs locally, it is an outstanding example of manufacturing. What is my right hon. Friend doing to ensure quicker and greater access to brownfield land so that companies such as SMR can expand?
Sajid Javid
It is great to hear another example from the UK’s successful automotive industry; it is one of the brightest stars in the constellation of British business. We encourage the effective use of land by reusing brownfield land. Local planning authorities, through their local plans, need to respond to market signals and set out a clear strategy for allocating land suitable for development.
Trade Union Bill
Suella Braverman Excerpts(10 years, 8 months ago)
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Rishi Sunak
I completely reject those comments. There is nothing in this Bill that is offensive: it is a moderate Bill that is attempting to balance the rights—[Interruption.] Absolutely; it is a moderate Bill that is balancing the right to strike with the rights of people who are trying to earn a living in difficult circumstances, and trying to get to work or go about their daily business. When my constituents’ lives are disrupted and they express that frustration to me, I want to be able to tell them, because they want to be able to be sure, that that disruption was genuinely a last resort and a serious matter supported by a strong and continuous mandate. I do not want to have to tell them that their lives were seriously inconvenienced by a strike supported by just 22% of members almost two years ago.
Unions were created to give the weak more power against the strong, yet too often we find that strike action can hit the most vulnerable the hardest. When vital public services are put out of action, it is not well-paid corporate executives who suffer; it is someone doing less well-paid shift work, because if they cannot make it to work, they will not get paid. That is who I am thinking of when I think about the provisions in this Bill.
Despite the scaremongering, this Bill does nothing to prohibit strike action. Instead it simply ensures that the right to strike is balanced with the rights of people who are affected by strikes and have no say in whether or not they will happen. It ensures that those strikes are the result of a clear and positive democratic mandate from members. To me, this balance appears reasonable, fair and necessary.
Suella Fernandes (Fareham) (Con)
Does my hon. Friend agree that the context of this Bill is that it is intended to deal with the problem of a 77% increase in the loss of working days over recent times? Last year alone the number of days lost to industrial action was higher than the average of the 1990s and 2000s.
Rishi Sunak
I agree with my hon. Friend. In today’s world, it is important that we maintain a competitive economy and increase employment, and having trade union legislation that is updated for that modern economy is vital if trade unions are to ensure their relevance in today’s economy.
Education and Adoption Bill (Eighth sitting)
Suella Braverman Excerpts(10 years, 10 months ago)
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Kevin Brennan
My hon. Friend, once again, is right. We have to wonder what the Secretary of State’s problem is. Does she not trust herself to make the right decision? Why does she have to legislate to ensure she makes the right decision? It is a highly unusual clause, and I am racking my brains to think of something similar to it. I am sure that some constitutional experts, many of whom will be following our proceedings, will dig some up. I hope that this peculiar clause will be removed from the Bill, if not now then at a later stage, not because it is not vitally important that we do everything we can as quickly as possible to improve our schools, because it is, but simply because it is extremely foolish for Ministers to tie their hands and prevent themselves from carrying out other forms of intervention that might be the right pathway for improving schools in the long term.
The Government do not say enough about pupils who are languishing in failing academies—25% of failing schools are academies. From listening to Ministers’ wonderful anecdotes about academies that are thankfully successful, it would be easy to think that failing academies do not exist. We believe that a judgment about the future of a school should be based on evidence and on the particular circumstances of the school and the community. There should be a proper, open debate about that. There should be no stitching up of things behind closed doors.
Suella Fernandes (Fareham) (Con)
Is it not clear from the evidence we have heard that some academy chains perform excellently and some do not, and some maintained schools perform very well and many do not? It is a mixed picture, but it is clear that the academisation programme over the past decade has produced success. The academisation of a school in my constituency has taken it from below average to “good”, and it is on track to “outstanding”. That must surely be progress. Anything that empowers that process and takes it a step forward must be supported.
Suella Fernandes
Does my hon. Friend agree that the clause allows governing bodies and local authorities to be involved in the conversion process, which is key to the local connection and will only bolster the leadership and transformation to academy status?
Mr Gibb
My hon. Friend raises an important point. This is about requiring involvement where it seems to be being resisted. She is right to make that point.
It would be wrong to introduce a new requirement for the Secretary of State to compensate local authorities in these circumstances. The clauses do not require the local authority or school governing body to do anything more than would be required for an academy conversion. As a school converts to an academy, it will be granted a 125-year peppercorn lease to operate on its land. The land continues to be used for educational purposes, and the local authority retains the freehold. In view of that, I hope that the hon. Member for Cardiff West will feel reassured enough to withdraw his amendments.
Suella Fernandes
Does the hon. Gentleman not consider that if a school has reached such a condition that an academy order is being taken forward, governance will have been one of the elements that was failing or required intervention, so it would not be responsible to allow governors a free rein, and this includes them in the participation.
Education and Adoption Bill (Seventh sitting)
Suella Braverman Excerpts(10 years, 10 months ago)
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Mr Gibb
One can never state on the record in parliamentary proceedings the situation in all circumstances, but I am happy to reiterate that, as a matter of practice, it is important that regional schools commissioners discuss the membership of an IEB with the diocese. There may be circumstances, although I am not aware of what they might be, when that is not possible, but the desire is the same kind of desire that is in the memorandum of understanding between local authorities and dioceses to continue with regional schools commissioners. The London Diocesan Board for Schools has submitted written evidence welcoming
“the Secretary of State’s willingness to become pro-active in the formation of IEBs as proposals initiated by the Diocese have not always been acted on as quickly by local authorities as we would like.”
There is therefore support for these measures from the Church.
The purpose of the power is to enable regional schools commissioners to intervene swiftly when they are not convinced that an IEB constituted by the local authority will secure necessary improvements. The amendment would restrict that power by requiring regional schools commissioners to endorse an IEB whether or not they have confidence in it. That contradicts the clause’s purpose, which is to allow the Secretary of State to act decisively on underperformance.
We value the Churches’ important role in our education system, a role that predates the role of the state. Indeed, I have already written to the Second Church Estates Commissioner, my right hon. Friend the Member for Meriden (Mrs Spelman), to reassure her of our continuing desire to work closely with the Church. My letter set out that if the Secretary of State is required to issue an academy order to a Church school that is inadequate under clause 7, there is a requirement under the Bill to consult the diocese on who might be the best sponsor for the school. In other cases of intervention, such as if a Church school is coasting or an underperforming church school has failed to comply with a warning notice, we will still seek the diocese’s views if we propose to make an academy order, as is required by section 4(1)(a) of the Academies Act 2010. We want to ensure that there are effective interventions in underperforming schools both to secure improvement and to protect their ethos. We already have non-statutory memorandums that set out the roles of the Church and the Government in relation to the academy programme. We have offered to review and update those memorandums with the Churches to reflect the changes in the Bill, as well as changes in the wider evolving party landscape. I am pleased that the Churches have confirmed their intention to work with us.
Suella Fernandes (Fareham) (Con)
Does my hon. Friend agree that the Opposition’s suggestion does not strike the right balance? If we allow discretion to be introduced, including a requirement would go too far and would be restrictive. The current draft strikes the right balance between consultation and inclusion, while allowing the intervention power to be exercised.
Kevin Brennan
Listening to the Minister, I wonder why he does not go the whole hog by abolishing local authorities altogether and replacing them with appointments from the Minister because—[Interruption.] That was probably unwise. I am sorry; I might accidentally have prompted a Government amendment at a later stage of the Bill. Could we strike that from the record?
It makes me wonder: what is the role of a democratically elected local authority not only when the Minister intervenes occasionally when there is an extreme issue and a need for state power to be exercised at a local level in a draconian way, but when he has decided to appoint a group of unelected and unaccountable people who can exercise the Secretary of State’s powers on her behalf and, to use the Minister’s word, restrict what local authorities do? Local authorities have to go cap in hand and ask for the permission of these appointed persons to act in relation to the schools in their area. The Government need to think this through in relation to what is said everywhere else about devolution. There is a disconnect between that and what the Bill will do to our education system.
Clause 6 claims to sort out how the intervention powers of the local authority and the Secretary of State interact. The way that the Minister has described it, it is hardly an interaction. The key is proposed new section 70B, which basically says that the local authority must give way to the Secretary of State or the regional schools commissioner acting on the behalf of the Secretary of State whenever she, or they, want to intervene—no matter how involved the local authority has been and how effectively the local authority might have been working with the school or how effectively the local community thinks that the local authority was working with the school.
Similarly, proposed new section 70C allows the Secretary of State or the regional schools commissioner—an appointed person, accountable to no one other than the appointed Minister of the Crown—to take over an interim executive board that has been set up for the express purpose of taking over from a governing body and taking any action necessary to improve a school.
Suella Fernandes
I note the hon. Gentleman’s concerns. However, what does he suggest should be done if a local authority fails to pick up on a failing school? Sir Daniel Moynihan highlighted that problem in the evidence sessions:
“If a school fails, it will not normally be because of something that has happened overnight; it will be because of a gradual decline in performance over a period of time. The local authority should have picked up on that and used its resources to do so”.––[Official Report, Education and Adoption Public Bill Committee, 30 June 2015; c. 13, Q22.]
Therefore, his view as an independent expert is that there should be a power for someone else to intervene. Is that not what the clause is getting at?
Education and Adoption Bill (Sixth sitting)
Suella Braverman Excerpts(10 years, 10 months ago)
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Mr Gibb
My hon. Friend cites another good example. Again, I pay tribute to my hon. Friend for her interest in education. I distinctly remember before the previous election, rather than this one, visiting schools with my hon. Friend. She is a great asset to Berwick-upon-Tweed, and long may she remain its Member of Parliament.
Some interventions, such as the forming of a multi-academy trust, may make it easier for head teachers to be more flexible with their staffing, and offer better long-term opportunities across the academy chain. Any intervention, whether structural or the provision of additional support from a national leader of education, is taken in order to support a school to become “good”. It has been noted by Ofsted and others, as I said earlier, that schools in challenging circumstances—in particular those going into special measures—often experience difficulties in recruiting and retaining good teachers. Therefore, the improvement that the Bill will bring about will ultimately make it easier to recruit.
Suella Fernandes (Fareham) (Con)
Will my hon. Friend agree with the comments made in the evidence session that endorse the point he is making now, that academies, trusts and chains have greater freedoms in their budgets, on retaining excellent teachers and freedom from local authority control? That is at the heart of their success, and the Bill endorses that approach.
Mr Gibb
Yes, my hon. Friend is right. I pay tribute to my hon. Friend for the work she has done in the past few years as chair of the Michaela free school, which is a school to watch. I am hesitant to praise an academy because I will be required, on the one in, one out rule, to praise a state school, so let me praise Wroxham primary school in Hertfordshire, which is an absolutely superb maintained school, but I also pay tribute to the work that Michaela does. That is a free school that is still in its first year of year 7. When I visited a few months ago I was astonished by the standard of behaviour, the academic achievement and the knowledge-based curriculum. That is certainly a school that we shall watch closely in years to come because I think it will become an example for many other schools to follow.
Education and Adoption Bill (Second sitting)
Suella Braverman Excerpts(10 years, 10 months ago)
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Kevin Brennan
Q 41 Could I ask finally whether you think it will be necessary for the things contained in the Bill to be achieved on the school side for the staff to be transferred from local authorities to the regional schools commissioners?
Alison O'Sullivan: No, I do not think that structural change is the answer to those challenges. It is certainly something that could be considered but why would you put time and energy into structural change if you could achieve that without it?
Suella Fernandes (Fareham) (Con)
Q 42 The provision on adoption aims to try and solve the problem of long-term decline in adoption. At the moment, as we all know, it is happening at too small and too localised a scale. It is hoped that the attempt to regionalise agencies and bring them together will encourage agencies to cast their net more widely, reduce the problems of delay, and encourage local authorities to look outside their immediate local area. We have heard a lot about this today. One problem which has been cited is the reluctance of local authorities to place children outside a particular area. What appetite do you think there is for looking further afield geographically?
Anna Sharkey: I think that there is an appetite. Local authorities met the requirement to up the game when it came to recruitment, and they were very successful. Local authority social workers work hard to do the best they can for the children they are responsible for, and that is what they aim to do. There are difficulties in the system as it exists at the moment, and I think that, because clearly there are children waiting in the system. I have adopters who have been approved and are waiting—it is not happening. Adoption Link has achieved a huge amount by getting adopters much more involved in the adopter-led linking process, and that has been very positive.
There some things that still prevent movement out of a local authority region. These are often to do with budget constraints, because local authorities are completely stuck financially. There is an historical sense that buying a placement from outside is very costly. Andy talked about children who sit in the care system and experience multiple placement moves, and who are then over-represented in mental ill health, the criminal justice system and underperformance at school. The cost to all of us of not getting it right at a much earlier stage is absolutely phenomenal, not least of which is the impact on that individual child and the rest of their family.
Getting it right is very important. At the moment the structure includes an inter-agency fee budget, an adoption budget, a fostering budget, a budget that does something else relating to supporting kinship care arrangements, and so on, which can make it very difficult to be child-focused, and to look at the best option in the most timely way to meet the needs of the child as soon as possible. Anything that tries to sort that out can only be a good thing.
I have some caution about the criteria on which that regionalisation would happen and how big a region would be. There is talk in the paper of it being around the 200 mark in respect of children. We are dealing with a very personal aspect of public care, and adopters need to feel that the people they are working with know them individually. We want those children to be known individually by the social worker who is advocating on their behalf, so getting lost in numbers is a real concern. We also know that where people are stuck with chunks of money that do something or boundaries that do something else, or if social workers are not prepared to go outside because someone else is saying “We have run out of money” or “It has got to be in-house” or “We have a family coming through in four months’ time who might be okay”, that will build delay into the system. If we can improve that, it has got to be better.
Alison O'Sullivan: It is really important that we do not build new barriers. If we are widening the scope of the way in which people collaborate to make things more effective and more efficient, then we must not have another set of boundaries that are just on a slightly bigger scale. It is not only how we create those collaborative arrangements, but how they interface and interrelate with each other as we go forward. That is one aspect that will need to be managed.
Andy Elvin: I would go back a step regarding the decline of adoption numbers. If your measure of success is an increase in adoption, then you are asking the wrong questions. That is not what we are after; we are after an increase in permanence and an increase in better outcomes for children. As the adoption numbers have fallen slightly, we have seen special guardianship orders rise. SGOs, in particular those for children under five, are largely made to extended family members to care for their relatives. That was exactly why SGOs were introduced. It is not a bad thing that they are now being used where there used to be intra-family adoptions, because they take some of the heat out of that conflict between different generations of a family.
We have a group of experts which was set up by the Department for Education, which will start meeting to discuss the rise in special guardianships. It will also look at the appropriate use and the assessments behind SGOs. Until that finishes in the autumn, we do not really know what the story is behind the rise in special guardianship, particularly for the under-fives.
The other side is that there is a huge rise in surrogacy in this country that is completely unknown and completely unreported. People who used to come forward for adoption are choosing international surrogacy, because it is available and affordable and more assured in terms of getting a younger child—a baby—than adoption. There are all these threats to adoption out there, but simply taking adoption numbers as your measure of success is to look at entirely the wrong thing. It is outcomes for children as a whole that we are after, and success comes in many forms. I know many complex children we look after in long-term foster care who have absolutely fantastic outcomes.
Foster care does not stop at 18; it will not stop at 21, when they are staying put. Our foster parents are godparents to their foster children’s children; they give them away at their weddings. It very often lasts for life in the same way that adoption does.
The Chair
We still have a few more questions to come and we have very little time, so can I ask the contributors to be a bit more succinct in their answers?
The Chair
Mr Hobby, there may shortly be a vote and two Members have indicated that they wish to ask a question, so I will take both questions together. Could you sum up quickly, because I think we will leave shortly?
Suella Fernandes
Q 58 What is your experience of headteacher boards and what is your view of the impact that they can have on helping schools improve?
Peter Kyle
Q 59 In a follow-up to the shadow Minister’s question, you expressed concern about the confusion in the framework for monitoring and evaluation that could result from this. How would that play out in a school and what impact would having different authorities responsible for different areas of monitoring, evaluation and standards have on the leadership of the school?
Russell Hobby: Two quick responses. Headteacher boards are a good idea in principle, but I agree with one of the previous witnesses who doubted the capacity of the current framework to meet all the schools required. You probably need more regional schools commissioners and more boards to support and advise them, and in the long term, see how that plays out. You have to be really careful about conflicts of interest on the headteacher boards though. These are leading academy chief executives and headteachers who may have an interest in some of the decisions being made. I am sure that they all do it from the principle of what is best for the children, but they need to ensure that the perception is there as well. There is a lack of transparency in some of their deliberations and I think that they will need to ensure that they protect themselves against that.
In terms of the multiple overlapping accountability frameworks, I think that is one of the most difficult parts of the system. When you are getting different messages from different people—one inspectorate tells you that you are good, another group tells you that you are coasting—it damages the legitimacy of some of the accountability measures in the eyes of school leaders. What am I—a good school or not a good school? Who is right? One phenomenon that you get in the education system is an amplification of other people’s accountability. Knowing that, for example, as a “requires improvement” school you have three years to improve—it is a fair timescale—but your local authority, knowing that it will be held to account for your performance, may come in after two years and say, “That’s no longer good enough.” Your governing body, knowing that it will be held to account by the local authority, may come in after one year and say, “That’s not good enough.” What often eventuates is that otherwise reasonable timescales—because three years seems to me to be a reasonable timescale in which to demonstrate improvement in a school—get truncated because the same people are accountable to each other. We never chart the different pressures and how they are magnified coming through the system. A streamlined approach to accountability, where schools knew that they had one set of targets, one group of people judging and a right of appeal, would allow heads to concentrate on improving their schools rather than reporting to stakeholders.
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Caroline Nokes (Romsey and Southampton North) (Con)
Q 32 I have a question on teacher recruitment specifically for Sir Daniel, but I am sure that others will want to chip in. Do you think that academies and multi-academy trusts find it easier to recruit good teachers and leaders?
Sir Daniel Moynihan: It is certainly the case that teaching schools—the Government set up a teaching schools scheme—like medical schools, can train their own teachers. Increasingly, multi-academy trusts have teaching schools within them, which are training large numbers of teachers outside the university system. We have got 94 trainee teachers for next September and we will be producing teachers not just for Harris schools, but for London schools. So in the sense that we now have the freedom to take teacher training into our own hands and deliver qualified teachers, it is easier to that extent.
Richard Watts: Although I would note that that power is open to all schools, I think that teacher recruitment is much more about geography and somewhere being an interesting place to come and work than about the governance status of the school.
Malcolm Trobe: One way in which multi-academy trusts and chains have a big advantage is that they work collectively, effectively to have continuing professional development programmes that run across the trust. They are able effectively to grow their own leadership and develop their own leaders and that, therefore, enables some movement of staff into key positions. So if you have a school in a multi-academy trust that is hitting certain difficulties, you have often got some flexibility to move teachers around.
The biggest difficulty is in schools, particularly those in coastal regions, that are isolated and do not have access to teaching schools. One might call these areas teacher education deserts: there is no provision for young teachers coming into them.
Suella Fernandes (Fareham) (Con)
Q 33 This legislation, through guidance, aims to address the problem of latent stagnation in schools. It does that by identifying the standard for coasting and raising standards by offering those coasting schools the opportunity to work with some of the best experts in education to design a path to improvement. What should those plans include? What programme of improvement measures should there be for schools of that type?
Emma Knights: I think that, actually, pretty much every school in the country has a school improvement plan—it is part of what we do. It might be called something else, such as a school development plan, but that is actually what the governing board of the school is doing. I would not want the Committee to think that some schools are just bimbling along, not thinking about how they improve teaching and learning and outcomes for children. A huge change has taken place in schools over the last 10 years in terms of schools actually taking responsibility for that. We see, in fact, that a lot of schools do manage to improve without having to have what is called formal intervention.
I do not want to leave this room without mentioning interim executive boards, because there is more than one type of formal intervention and so far the Committee has asked only about sponsored academisation. We actually have very little evidence about which different types of formal intervention work best and that is a bit of a worry for me. This whole Bill has come into place when actually we are guessing.
The main bit of evidence was produced by the National Audit Office last year and it showed that 60% of schools deemed inadequate did improve without any sort of formal intervention because they had exactly that: a school improvement plan, and that worked in 60% of cases. Sponsored academisation worked in 44% of cases and IEBs worked in 72% of cases, so I really think the Committee needs to think about other interventions and please do not overlook interim executive boards.
You may think it is slightly funny that I am saying that as the National Governors’ Association, because obviously an IEB is put in place when the governance fails. But, if the school is failing, that is needed and we should be doing that.
Kevin Brennan
Q 34 If I may say so, that observation seems to be in direct contrast to what Sir Daniel said earlier. Sir Daniel, would you care to come back, rebut and destroy the points made by the representative of the National Governors’ Association?
Sir Daniel Moynihan: IEBs are an effective solution and in many cases IEBs precede academy conversion. In a number of the schools that we have taken on which have been—
Kevin Brennan
Q 89 Before you move on to that, can I make the point that I am trying to get to? Are IEBs ever a valuable way to deal with an inadequate school that is not on a pathway to academisation, but is nevertheless on a pathway to improvement within the maintained sector?
Dr Coulson: I have not experienced it.
Suella Fernandes
Q 90 I am a chair of governors at a free school. I want to build on the Minister’s point about the measure used to identify standards in schools and the move to Progress 8. We heard evidence from Dr Allen, who did not really think that Progress 8 was a suitable standard because it did not capture data for the requisite amount of time and displayed the same social gradient. She also said that the assessment of coasting would add an extra layer of accountability, which schools would find confusing. Could you all say a bit about what you think of those comments and opinions?
Dr Coulson: I think that the definition of coasting is a measured increase in ambition. What you heard earlier was about whether the threshold of 60% under the current measures and then 85% for primary schools gives a ceiling for the number of schools that would come into the scope of being addressed. I would love to address every single school. The draft regulations give a significant increase in ambition to schools that really need a focus, while managing the capacity question that I have been asked several times about how much we can grow the system in order for schools to come into it.
The points we heard about tweaking the measures were all really well made. There is a balance in terms of what the increase of ambition means at this stage in the draft regulations. As crafted now, they show a significant increase in ambition, even if they do not address every single school that people would like to have focused attention on.
Zoe Carr: I would like to pick this up from the primary angle, if I may. The 85% attainment measure—which all aspire to, so we will live up to it and do everything that we can—is more challenging for disadvantaged schools. However, the biggest thing for me is whether affluent schools will be identified under this coasting definition if they achieve the 85% measure but their progress continues to be poor. We must not miss that really important aspect when the Bill passes through Parliament, because we still need ways to identify those sorts of schools. I think that is the reason for the Bill being here in the first place—to try to address the coasting schools in our education system.
If those schools’ progress measures are not above the median for a number of years, yet their attainment is above 85%, it is right that we look at those elements. That is where schools in disadvantaged areas will feel that they are being hit twice by these accountability measures, whereas schools in affluent areas will have a much greater chance of attaining the 85% and their progress will not then really be looked at.
Lee Elliot Major: I was going to make exactly the same point. I worry—for me, it always goes back to the disadvantaged children—about the progress of children in high-attaining schools. I would love the Bill and the discussion to think about those schools in very advantaged areas. A lot of children coming into those schools are already high attaining, therefore the school’s results will generally be higher. My worry is: what about the sometimes small number of children—it is a significant number across the nation if you add them all up—who are not succeeding in those schools? You are then looking at progress measures in both primary and secondary schools. That would be my worry—that we miss out on those hundreds of thousands of children.
One final point—I was not here for Dr Allen’s evidence, but year groups come and go and can be very different in a school, so I like the fact that this will be triggered by a three-year passage of time. That is a sensible approach.
John Pugh
Q 91 I have two questions for Zoe Carr. You told us about the laudable efforts and improvements made by your trust. If, in years to come—heaven forbid—some of your schools or perhaps your whole trust is found to be coasting, you could not reasonably object to having imposed upon you the same disciplines, rigours and procedures as applied by the legislation to the maintained sector, could you?
Zoe Carr: Absolutely not. In my experience, through the work of the regional school commissioner and the headteacher board, those are exactly the rigours that the academy sector has now. The data for each academy are looked at in a great deal of detail and where schools are found not to be performing well enough then an immediate intervention is put in place.