Apprenticeships, Skills, Children and Learning Bill

My Lords, our intention with Clause 197 is to ensure that all schools and LEAs are aware that we will not accept poor performance in schools. We will ensure that any decision to direct a local education authority to obtain advisory services is supported by robust evidence—such as data on attainment, pupil progression in relation to reasonably expected standards, and standards previously attained by pupils there or at comparable schools—and is not, as suggested, wholly dependent on the Secretary of State simply guessing, without careful assessment, which LEA is underperforming. The noble Baroness, Lady Sharp, asked whether we will provide guidance or criteria to define what we mean by disproportionate. I cannot commit that we will provide a full definition but, following consultation in the revised "schools causing concern" guidance, that consultation will, of course, be extended to Ofsted. Before a direction is made, representations will be obtained from an LEA, which will need to be able to provide assurances that it has the capacity to secure school improvement. It should be noted that the Secretary of State’s direction in these circumstances, and the requirement for the LEA to take advisory services, is a means by which we are offering support in the form of external educational experts to bolster the LEAs ability to support their schools and drive up standards. These amendments would mean that it is not the role of the Secretary of State but rather the responsibility of the Office for Standards in Education, Children’s Services and Skills to judge whether standards of performance at a school are unacceptably low and thus whether an LEA maintains a disproportionate number of poorly performing schools. It is imperative to remember that the Secretary of State, not Ofsted, is responsible for school standards—and that he is accountable to Parliament for them. We think that is what precludes Ofsted from being involved in this process. The Secretary of State sets targets and annually collects the data, and therefore maintains a legitimate overview of standards and of those schools where there is low performance. Given that responsibility, he must have the freedom to make the ultimate decision when he deems that standards in a school or schools are low, and thus whether an LEA has the capacity to secure rapid and sustainable school improvement for the pupils in an area. I stress that we do not anticipate that the Secretary of State will make this decision in isolation, or that this power will necessarily be used at the first instance. I can give noble Lords the assurance that Ofsted will be consulted where it is deemed necessary. We must remember that our goal here is to ensure that all children have access to a high standard of education, and that they are able to reach their full potential. I would therefore hope that, in the light of those assurances, the noble Baroness, Lady Sharp, will feel capable of withdrawing the amendment.