Education and Inspections Bill

The governing body will need to take into account the views of parents. We shall debate later the noble Baroness’s precise amendments on ballots of parents. I do not want to rehearse all the arguments, but this is the standard procedure for schools taking decisions of the utmost gravity affecting them in many other areas, including a whole range of other characteristics concerning the future of the school. We do not believe that, in qualitative terms, this is any different. However, over and above the requirements on the school governing body both in terms of how it makes the decision and the factors that it must take into account, we have given a power to local authorities to refer proposals to the adjudicator when they are concerned about the implications for a particular trust of standards at a school. The adjudicator will then make a professional and impartial judgment, which, of course, will override that of the governing body in the event of that judgment being different. We do not think it necessary to regulate further than that. In particular, we believe that the creation of a national register would act as a barrier to innovation and fetter the freedom of governing bodies to decide what is best for their own schools, subject to oversight by the adjudicator. In so far as the register proposed by the noble Baroness, Lady Sharp, is intended to be illustrative and informative to encourage the development of appropriate trusts, this function will indeed be performed by the national schools commissioner, who will keep a record of all trusts established and make it available on his website. Therefore, there will be no need TO use the FoI Act, as the noble Baroness feared. With regard to the kinds of trusts that may come forward, we expect that they will include higher and further education institutions, existing successful schools and bona fide education and business foundations. A particular concern of the noble Baroness is whether they can include community trusts. If she means trusts that have local authority engagement within the provisions of the Bill as it stands, they absolutely can. We will give strong encouragement to local authorities to be engaged in trusts alongside other local community groups and organisations which can make a substantial contribution to improving schools. Amendment No. 60 would require a notice published by a local authority inviting bids in a competition to specify in what ways proposals would improve education in the area, especially those from disadvantaged homes. I believe we have covered that. The illustrative regulations that I made available to the committee require the notice setting out the invitation to partners to come forward to provide a new school; to explain why the new school is considered necessary; the reason for the choice of sites; the size and age range of the school; and any extended or special needs provision. The notice can also specify other matters, including objectives specifically in respect of disadvantaged pupils or communities. Furthermore, local authorities will judge the competition unless they choose to enter their own proposals, in which case it will be the adjudicator. That will enable local authorities to ensure that the successful proposal meets the needs of the disadvantaged and demonstrates the right characteristics. Amendments Nos. 125BA and 125C seek to enhance the influence of the local authority over trusts and trust schools. As I say, we support the concept of a community trust. If that means a trust as set out under the provisions of the Bill, of course it can proceed. The 20 per cent level for local authority engagement in trusts, as set out in the Bill, gives local authorities the flexibility to play a valuable role in brokering those relationships and supporting the formation of trusts in their communities. The 20 per cent figure is also consistent with provisions in local government legislation about local authority involvement in companies and trusts more widely. However, we do not believe that it is right to increase that proportion beyond 20 per cent, which will get close to making local authorities the dominant force in a trust. If a local authority wishes to have that level of control over a trust, it anyway has the option of promoting a community school and exercising this control directly, provided that its track record is good enough. When taken in the round, our policy on trusts is balanced, proportional and workable. Our policy on collaboration is enabling and not prescriptive. I hope that I have met the concerns that have been raised.