Academies Bill [HL]

My Lords, I speak to Amendment 112. Like the noble Baroness, I have some concerns about the way in which the power to which the amendment refers might be exercised—although, in my case, particularly with regard to church schools, which will come as no surprise. The principle issue relates to the power to intervene should schools standards not be up to scratch. Noble Lords will be aware that such challenge and intervention currently lies with local education authorities for church as for community schools. In our diocesan boards of education and our sister Roman Catholic dioceses and schools commissions, we have long been accustomed to work with them to address weaknesses. We need to find ways in which to enable diocesan boards of education to be fully involved in identifying weakness and working with governing bodies in supporting improvements at an early stage prior to the exercise of the Secretary of State’s draconian powers as set out in the measure. With or without such a provision in the Bill, there is a further danger in the clause as it stands in that the powers that it confers could be used in respect of a school where standards were unsatisfactory to radically change the character of a school. By turning over responsibility for a school to other providers, the existing trustees could be bought out, the original intentions of a school of religious character overruled and a school of a particular character brought to an end. The Secretary of State is, I believe, of the view that this would not be compatible with the provisions of the European Convention on Human Rights, but we are not at all sure about that since, as the Bill stands, it would appear that a school could be taken away from the church without the relevant church body—in our case, the diocesan boards of education—having had any opportunity, along with the governing body, or power to challenge or intervene at an earlier stage. We hope that some of these issues can be further explored before the matter returns to the House.