Education and Inspections Bill

moved Amendment No. 114: Page 16, line 13, leave out ““other than the local education authority”” The noble Baroness said: I move AmendmentNo. 114 and speak to Amendment No. 115. Both amendments would remove the right of the local authority to refer proposals involving the acquisition of a trust by a school to the school’s adjudicator. We do not see why the power is necessary, given the lack of any similar measure with regard to foundation proposals. We believe that the guidance on the acquisition of trusts, to which the governing body must have regard, is a sufficient safeguard. I would like to draw noble Lords’ attention to the Government’s draft guidance, School Organisation (Prescribed Alterations to Maintained Schools) (England) Regulations 2006. Paragraph 12 of Schedule 1 to the regulations sets out the circumstances where the local authority can take advantage of its rights under the section. The circumstances are as follows. For the purposes of Section 21(3), a local authority may only require that such proposals specified in sub-paragraphs (1)(a) to (c) are referred to and adjudicated if: "““(a) the governing body has failed to adequately fulfil the requirements set out in””" the guidance "““on consultation;""(b) the governing body has failed to have regard to the responses to the consultation; or""(c) the local education authority consider that the foundation will have a negative impact on standards””." While these criteria seem superficially restrictive, the terms used still leave a great deal of power in the hands of the local authority. This sample suggests many pitfalls. How is the local authority to demonstrate that the governing body has failed to have regard to responses to the consultation? Would the governing body have had to have acted extremely unreasonably in its decision or would it be sufficient to cite a handful of vocal opponents to the proposed trust in evidence? Similarly, there are concerns about the nature of a ““negative impact on standards””. Does this refer to standards at the school or the standards of all schools in the area? If all schools in the area, could a local authority not contrive some spurious argument based on its opposition to the trust model to justify referral to the adjudicator? It is difficult to decide what impact a foundation will have until it actually runs the school. Such ambiguities risk allowing local authorities to thwart the movement towards the system of independent state schools that the Bill intends to create—a principle that has received support right across your Lordships’ House, from the Back Benches opposite to those that cross the House and those behind me. I believe that the statutory guidance together with the measures in Clauses 32 and 33 offer sufficient safeguards to remove the right of referral to the adjudicator. I remain unconvinced that the decision to acquire a trust differs to such a degree from becoming a foundation school that a special right of review is needed in this case. I beg to move.