Education and Inspections Bill

In response to the points made on Amendments Nos. 187C and 188, spoken to by the noble Baroness, Lady Sharp, we wish to consider this matter further. The noble Baroness seeks to extend the consultation requirements when the Secretary of State appoints additional governors to a school causing concern to include the foundation, when there is a foundation attached to a school, and the local authority. It would be good practice for the Secretary of State to do both, in any event. Indeed, when we appoint additional governors, we consult the relevant local authority as a matter of course. But I will consider further before Report stage whether we should be explicit about this in the Bill. Similarly, Amendment No. 185F seeks explicitly to state that a local authority employee is among the partners with whom the local authority may require a school to enter into arrangements. I am glad to say that this is covered by existing law and the Bill. Local authorities are automatically able to offer support to a failing school under existing law. Furthermore, the Bill as drafted does not rule out a local authority employee from acting as the partner. That would precisely include the categories raised by the noble Baroness, such as the head teacher of a community school who would be employed by the local authority. He would be the type of person who might well, in some circumstances, be a partner with whom a local authority would wish a school facing serious difficulties to work. Amendment No. 185G seeks to increase the list of persons that the local authority must consult before requiring a failing school to enter into arrangements. We support the principle of appropriate consultation and will ensure that this is promoted through the statutory guidance that will accompany Part 4 of the Bill. However, we do not believe that the parties referred to in this amendment need explicitly to be added to the statutory list of consultees. Those at the school will already be consulted via the governing body. Those at the partner institution with whom it is proposed that the school should work will have to be consulted in order to secure their agreement to act as a partner in the first place, since there is no power in the Bill to require a stronger school or college to partner a weaker school. We certainly do not intend that the first that they should hear about it is by the content of a warning notice, a statement by a local authority or the Secretary of State. Amendments Nos. 186, 187 188 and 189, tabled by the noble Baroness, Lady Buscombe, seek to secure parity between voluntary aided schools and foundation schools in relation to the appointing authority’s rights in the event that the local authority or the Secretary of State appoint additional governors. We do not support that, because the purpose of the intervention in the first place in such cases might well be to counter the mismanagement of the school by the foundation in question. These powers are for use only in extremis and would need to follow a proper statutory process before being used. We are talking only about extreme interventions in the case of a manifest failure by a school where the governing body is itself judged by either the local authority or the Secretary of State to be wholly or in part the problem. That judgment would need to be based on inspection and other evidence. The noble Baroness is quite right to say that that leaves voluntary aided schools, where there are consultation rights, in a slightly different position. I can say only that we recognise the inconstancy. The reason for that is the unique historical position of voluntary aided schools. This includes, in particular, the need to ensure that the schools are conducted in accordance with their ancient trust deeds. However, in our experience of such situations, we have never found the relevant diocesan authorities, whether they are Anglican or Roman Catholic, slow to respond to the need for change. The inconsistency is due to their historical situation. I have addressed Amendments Nos. 187C and 188A. Amendment No. 188B concerns payment by the Secretary of State following the appointment of an additional governor. That is an existing power, which, to the best of my knowledge, has never been used. However, we think that there may be circumstances where the receipt of a modest sum—perhaps to cover travel expenses—could make the difference between a potential additional governor being prepared to act or not being prepared to act, particularly at very short notice, which could be the case if a school were in a category of concern requiring urgent action. Therefore, although the power has never been used, we prefer to have it rather than not have it, if the noble Baroness does not mind.