Academies Bill [HL]

My Lords, in moving Amendment 25, I shall also speak to Amendments 26A and 28 in my name and to Amendment 26 on behalf of my noble friend Lady Royall, which I support. I shall also give some comments on the government amendment and the amendment to that. It is a difficult time of night to come to what I regard as one of the most important aspects of the process of setting up academies that is implied in this Bill. I shall try to be short, but I shall not be as short as all that. We have had some debates on this matter but I fear that the Government, even with the amendment that they have put down for today, have moved nowhere near as far as is necessary. Whether we are in favour of academies or not, whether in general or in a particular instance, we would all recognise that the conversion of a school that has hitherto been a maintained local authority school into an academy is a momentous event. It is important for the pupils and parents of the school as well as for the staff of the school, which will have a different relationship with the local authority that no longer has oversight and no longer provides most of the services or administrative support. That is particularly important for the smaller schools in this category. It will change that relationship and there will be a different sort of relationship, both in terms of the powers of the governing body and the Secretary of State. After all, although the academies programme is portrayed as being a devolution of power, in reality these schools had previously been governed or overseen by a local authority and are now going to be funded, regulated and to some extent controlled by central government. That is not a move that either of the coalition parties was advocating to the electorate a few months ago—but there we go. If this Bill goes through in more or less its present form, as undoubtedly it will, there is no current provision in the present draft of the Bill for consultation. I submit that there is a requirement for consultation at two points. There should be a requirement on the governing body proposing the change and a requirement on the Secretary of State in taking a view on that proposition. Neither is in the Bill at present. It is important, therefore, that we lay down requirements for consultation at both points. My first amendment does that in some detail. It may be argued that we do not need that degree of detail, and in normal circumstances I would probably have agreed. However, there is no general proposition coming from the Government that the governing body should consult. The pupils are important—not only the current pupils and their parents but future pupils and parents. It is the whole community; it is schools that could be affected by the abstraction of one outstanding school from the community into a different form of control that will have an effect on the relative status and indeed, in practice, on the relative funding for that school against other schools in the neighbourhood. This could have profound effects on the town. This is why by and large I am in favour of maintaining local authority oversight rather than bringing in central government. If we are going down this road, however, there needs at least to have been consultation with the parties that will be desperately affected by it. That consultation needs to set down what the broad provisions of the new arrangements are going to be. What will the governance of the school be? What will the changes in the curriculum be, broadly speaking? What other parties might be involved in the provision of education to the children of the neighbourhood? What financial provisions are there going to be, and what are the new obligations on the school? My amendment sets all that out. It is conceivable to argue that that should be in a code or in secondary regulations rather than in the Bill. I would normally accept that argument, but only once the Government had come to the position of saying that the primary requirement for consultation is laid down in the Bill itself. It is also important that the Secretary of State has some obligations in this area as well as the governing body. The Secretary of State is making the final decision. He is drawing up one side of the agreement both on funding and on the other provisions that will come in the charter for the school. It is therefore important that we have a Secretary of State able to consult independently with the major parties, particularly with the local authority. My second amendment relates to the role of the local authority. Even those local authorities that are by and large in favour of the academies programme need to have the ability to tell the Secretary of State what the implications of this will be for education provision throughout their area of jurisdiction. If an outstanding school in a town is being taken out of local authority oversight, the local authority needs to have the ability directly to tell the Secretary of State or his officials what the effect of that will be. We therefore need to have a secondary level—or possibly a more important level—of consultation about who the Secretary of State should speak to. I have stripped that part of my amendments down to the absolute minimum. I do not list anyone else except the local authority. I expect the local authority to have taken into account both the consultation that the governing body will have conducted and its normal relations with parents and providers within the local authority area. If localism and devolution mean anything, the views of a local authority that is losing an outstanding school must be taken into account before the Secretary of State can reasonably sign off on that academy order. My amendments, taken together with Amendment 28, which deals with the Secretary of State setting out the criteria by which he has judged whether the order should be issued, would give all the parties to the agreement—all the parties to the school, if you like—the opportunity to give their views as well as an understanding of what is involved and what changes will affect their children and their neighbourhood, along with a balanced view to be taken by the governing body in the first instance and by the Secretary of State. Without specifically providing that the Secretary of State should consult local authorities, that relationship breaks down and this whole provision begins to look as if it is likely to lead to conflict rather than to a smooth change. Everyone in this Chamber knows that I am not particularly in favour of the process, but if we are going to have it, we need to do it in a way that ends up with the maximum possibility of co-operation between all those concerned. To do that, you need consultation up front before the final decision is taken. I fear that the Bill does not do this. We need to ask why. I suspect that the good intentions of the people in the education team—the Secretary of State, the noble Lord and others—mean that they would, in slightly different circumstances, have written these provisions into the Bill. The problem is that the Secretary of State said, "All this has to be started by September. We have to write to several thousand schools, get their letters in and decide by September". That timetable is complete nonsense. It has left the Government very exposed. I am sorry for them—I am sorry for the Minister that he has to defend it—but it is not sensible. If we want in two or three years’ time to have a large number of academy schools without conflict and without outstanding issues still to be resolved and blamed on the Secretary of State, let us have that consultation and engagement up front. If the Secretary of State should somehow back off the September date—I promise not to make a big thing of it—we would have plenty of time to sort these things out. I beg the noble Lord to talk to his colleague to see whether we can go back a bit in the light of arguments that have been made in this Chamber and elsewhere; indeed, I suspect that the Secretary of State will hear similar arguments in another place. If the Secretary of State is not prepared to do that, all that we will have to address our concerns about consultation is Amendment 30, in the name of the Minister. The first two subsections go some way towards saying that the governing body should consult, although it states that it should, ""consult such persons as they think appropriate"." That is a bit inward-looking. The previous Government occasionally used similar phrases, which I was a bit embarrassed about. It is not exactly outward-looking. Nevertheless, the amendment says that the governing body should consult appropriate people. However, the third subsection says: ""The consultation may take place before or after an Academy order, or an application for an Academy order, has been made"." The consultation could, therefore, come after the event. The governing body could decide in a smoke-filled room without consulting anyone, not even the parents, let alone the staff, that it was going ahead with an application. It would bang off a letter to the Secretary of State, which would come to the top of his in-tray, because he was in such a hurry, and he would sign it off by 1 September—job done. The order would then be drawn up dealing with the funding and the other obligations. All that would have been done without consultation. Then, before it is fully implemented, we consult. That is a form of consultation practised by the late Joe Stalin. It does not work. It will have no democratic accountability, no transparency and no validity with the people involved in the transformation of the school. I do not think that the noble Lord’s amendment, as it stands, can be acceptable to us. I am glad that the noble Baronesses, Lady Walmsley and Lady Garden, have proposed an amendment to the amendment. That amendment is a distinct improvement. It would require the governing body to conduct a consultation up front, which deals with at least half the problem. Although I will support the amendment if it is pressed, it is not sufficient, because it places no obligation on the Secretary of State. At the end of the day, it is the Secretary of State who is accountable to Parliament and who will make the decisions. He could still make the decision without having talked to anybody, apart from having received the letter from the governing body. That is nonsense, as I think the Government in their hearts must recognise. I do not want to impose a huge bureaucracy on this process, but I think that people have to talk to one another at all stages. That includes not only the governing body but the Secretary of State. I therefore hope that, as a result of this debate, the Minister will consider coming forward with an amendment that covers both aspects and takes into account the amendment in the name of the noble Baroness, Lady Walmsley. If he comes forward with a more conclusive and clear amendment that enshrines in the process the principles of consultation, although it would not please me entirely, it would make me feel a lot happier.