Apprenticeships, Skills, Children and Learning Bill

My Lords, I put forward the case once again that academies should not be placed under the aegis of the YPLA, which is a body entirely unsuited to housing them. We have been through these points before so I shall not dwell on them unnecessarily. We feel, however, that it is most important that the Government take these points on board and, we hope, find sympathy with our view. I should state now that the amendments tabled by the Government do not meet our concerns. Clause 77 allows the Secretary of State to require the YPLA to enter into arrangements with the Secretary of State. These arrangements may require the YPLA to carry out specified functions of the Secretary of State in relation to academies, city technology colleges and city colleges for the technology of arts. In previous debates we have spoken about how inappropriate it is for the YPLA to take responsibility for these arrangements. The YPLA is a body set up to support and enable local authorities to carry out their new responsibilities. It is not set up to play any part in the role of academies. We accept that perhaps it is time to give some thought to the future of the academy movement. The success of these schools means that it has become rather cumbersome to keep them housed in the Department for Children, Schools and Families. Nevertheless we feel that due thought and care should be taken on where to move them. We should not just give into a knee-jerk impulse which may not be the most appropriate solution. Instead, much care and consideration must be given to the most appropriate solution and I do not believe that that has been found yet. A body that ties academies into local authorities and which deals specifically with education for people between 16 and 19 is not appropriate. First, academies thrive on their independence and freedom from local authorities. Secondly, the age range of academies is most commonly 11 to 18, and some even have primary schools attached. We contend that there has been a lack of thought. That is underlined when one considers that there was no discussion with academy sponsors when the Government’s White Paper was published last year. Now I am informed by academy groups that they are being called in and asked for their views. That is to be applauded but it is rather too little too late. We are told that discussions are based around decisions that have already been taken and that only the details are up for consideration. The Minister has expressed concern that the DCSF is no longer the right place for academies. If the main worry is really about the best positioning for an academy, from its perspective, then one must ask why these groups were not consulted earlier. From these discussions, we have also been informed that the Government have found groups of academies that actively favour the proposals. I wonder whether the Minister could cite those bodies, as we have heard nothing of that kind and I would be interested to hear details of those discussions. The Minister has attempted to reassure us here with government amendments, and I do not expect that she tabled those with much hope of our agreement. I am afraid that I will not disappoint her in that respect. Government Amendment 70 has been tabled to ensure that the Secretary of State, when appointing members to the board of the YPLA, must have regard to the fact that they should have, ""experience relevant to … the full range of … YPLA … functions, and … any functions that may be conferred or imposed on the YPLA under Academy arrangements"." I wonder whether the Minister thought that was an appropriate restriction to place on the Secretary of State when considering candidates for the membership of the YPLA. Surely, it is of the utmost importance that, when appointing members of the YPLA, the Secretary of State should have regard to the people who would be best or most appropriate for the job. After all, a person may have had experience but not be the best candidate for the position. Perhaps this deserves some more thought. The second government amendment here would restrict the functions that the YPLA can exercise with regard to academies. The amendment would ensure that, in the Bill, the "academy functions" that can be delegated to the YPLA do not include being able to sign funding arrangements or being able to create or confirm subordinate legislation. It also puts in place a procedure by which academies can complain to the Secretary of State. We appreciate the effort that the Government have put into their attempts to reassure us. Nevertheless, I feel that we remain unsatisfied. The government amendment introduces a channel of complaint to the Secretary of State. Academy groups are, however, afraid that this will not bring much comfort. If a group of local authorities wishes to determine the post-16 provision available, what effect will a plea from one academy have when it is weighed up against the might of an entire local authority? Secondly, the Government are offering to place in the Bill a commitment that the process regarding funding commitments will not be changed, but that is not what the academy movement is worried about. Academies that are placed, even in some respect, under the YPLA will be tied to the new 14 to 19 partnerships, which are being awarded the power of commissioning to determine what places are offered and by how many places academies can expand. We are told that this changes nothing, but it does change something. Academies that have been open since September are, it is true, already tied into those partnerships, but at the moment they are few. As we move forward, and more and more are brought into this discussion group, it is true that the 14 to 19 partnerships will become important. However, when this Bill becomes an Act the partnerships will have increasing power and influence over commissioning and provision. We are—are we not?—informed that the YPLA has the responsibility for supporting local authorities which plan, commission and fund provision for young people in this area. We will therefore expect there to be further issues when that legislation is passed and the plans become solidified. The fear, however, has developed partly as a response to issues that have already occurred and problems that have already been seen. That is why we have chosen to table Amendment 36, which is specific to sixth-form provision. It serves, however, to demonstrate some of the difficulties that may face independent academies in the face of local authority decisions. There are records of academy groups applying to turn high schools into academies, but permission being refused on the grounds that they did not fit with the local commissioning plan for the area. Some time later, however, and the expansion from an 11 to 16 school to an 11 to 18 academy has been very successful and has produced a thriving school, with a much greater post-16 retention rate. The fear is that the YPLA will have undue influence over academies, and so tie them into local authorities and local politics. They will then be able to excuse this control as operating within their commissioning plan and as the most rational solution. The fact is that academies are brought into areas that local authorities may already have been failing, and so may not know what is best. Furthermore, the fact that academies are brought into struggling areas means that the expansion or development may, in fact, seem irrational. The example cited above shows that decisions can seem to be against the grain of what will work, but may then provide effective improvement to an area which, without the independent insight of an academy, might have been left struggling. In conclusion, I shall cite Mike Butler of the Independent Academies Association. He has stated that one reason for the success of academies is because they, ""turn around endemic educational underperformance in the most challenging of contexts in respect of socio-economic deprivation. To do so, it was recognised that new organisations had to be established that would be freed from the constraints of local authority control, from the old governance arrangements and from the vagaries of local bureaucracy"." I look forward to hearing the Minister’s response. I beg to move.