Education Bill

My Lords, I start by responding to the noble Baroness, Lady Hughes, and recognising her commitment to fair access and the points made by a number of noble Lords. I hope we can accept that there is common ground between us and that there is nothing more important than working to make sure that all children and young people have a fair opportunity for excellent education and training. Part of the answer, as the noble Lord, Lord Sutherland, said, lies in increasing the provision of good places. We are not there yet, but that is one of the underlying principles of what the Government are trying to do in their reforms—trying to give schools more autonomy and encouraging more diverse provision. That is, in a way, the other side of the coin to extending autonomous schools, about which noble Lords have concerns. We can address those concerns, but it is the drive towards greater autonomy and variety that will, over the longer term, provide a greater number of better places and deal with the underlying problem with admissions, which is that there are not enough good places. I shall pick up on the point made by the noble Baroness, Lady Morris of Yardley, and put the scale of the problem into context. In February, the schools adjudicator gave evidence to the Education Select Committee in another place. He said that, "““the vast majority of admissions authorities … if they are breaching the rules, don’t mean to be doing so””." In 2009-10, there were 151 decisions, in the context of around 5,500 admissions authorities, in more than half of which the complaint was not upheld. I say that just to provide a little context. I understand the concern expressed by the noble Baroness, Lady Hughes of Stretford, and others about the changes. I contend that the changes are slightly more modest than they have been painted. There clearly is a change in extending the remit of the adjudicator to cover academies and free schools, which I think has been widely welcomed. I think that will provide reassurance across the piece and help answer some of the questions about how government policy applies to different kinds of schools. In addition, for the first time parents will be able to complain directly to the adjudicator about admissions arrangements at any state-funded school. Our revised admissions code proposes to make it possible for anyone, rather than just a prescribed list, to refer admission arrangements to the adjudicator. I hope that that will be welcome too. The adjudicator’s decision will remain binding and will carry the full force of law, but I recognise that the Bill removes the ability of the adjudicator to impose a particular modification of a school’s admission arrangements. Why then are the Government proposing this change? The core argument is that we think that responsibility for putting mistakes right should rest with the admissions authority. In practice, there are a number of ways in which an admissions authority can implement the adjudicator’s decision and put it right, and that is where the responsibility should lie. We are also clear in the revised code that is out for consultation that admissions authorities must make any amendments ““without delay””. There is no doubt that schools or local authorities have to amend their arrangements in line with the adjudicator’s ruling, but we want schools to take responsibility to put right what they have got wrong. For the record and in response to the point made by my noble friend Lady Walmsley, I would like to reassure noble Lords that we are not changing the arrangements relating to parents’ right to appeal about the admission of their child to a particular school. It is important to be clear on this. Parents will be informed of their right to appeal by local authorities in their annual prospectus of local schools, and in writing by the admissions authority where a child is refused admission to one of their preferred schools. The noble Lord, Lord Rix, proposed that the Secretary of State should have a power to inspect a school’s admissions code to ensure compliance with the Equality Act. The Secretary of State does have a power to ask the adjudicator to investigate admission arrangements. In addition, local authorities already see every school’s admission arrangements and have a duty to refer any and all that they suspect to be unlawful to the schools adjudicator. On the issue of schools’ duties under the Equality Act, the code includes a reminder to all state-funded schools that they have a duty to comply with the Equality Act. The noble Earl, Lord Listowel, asked about looked-after children and admissions. The White Paper restates our commitment that looked-after children will continue to be guaranteed a place at their first choice school, and the requirement for them to have top priority in admissions criteria will remain in regulations and the code. That applies equally to academies and free schools through their funding agreements. The noble Baroness, Lady Hughes, raised a point about fair access and said that the Bill narrows what the adjudicator can look at in a complaint. Under Section 88(1) of the Schools Standards and Framework Act 1998, the adjudicator can continue to use his discretion to look beyond the complaint referred to him and make binding decisions if there is a breach. I agree with her points about fair access, which were also alluded to by the noble Baroness, Lady Morris of Yardley. I hope that through initiatives like the pupil premium, and in other ways that we are looking at through the code as to whether academies would want the discretion to use the pupil premium as an admissions factor, we will help tackle some of the issues about reaching out to the most disadvantaged children. The draft admissions code is designed to ensure fair access, and local authorities are under a duty to exercise their functions with a view to ensuring fair access to opportunity for education and training. Amendment 101A seeks to ensure that the views of parents and the need to ensure fair access are the prime considerations when the adjudicator specifies modifications to a school’s admissions arrangements. The adjudicator’s role is to make independent binding judgments about a complaint in line with what is in the admissions code and admissions law. That gives certainty to admission authorities, parents and others about the basis on which a decision is made. We think that it would go against the principle of independent adjudication to include a presumption that the views of one party might trump the views of another. That might weaken the adjudicator’s impartiality and focus on evidence, and therefore we are not convinced by the amendment. The noble Baroness, Lady Hughes, was concerned about the loss of co-ordination by local authorities as schools become their own admissions authorities. However, local authorities will continue to co-ordinate applications from parents in the normal applications round for their area. There are no plans to change this at all. With regard to admissions forums, one reason for removing the requirement to report rather than abolishing it is that if people want to set up an admissions forum or some other kind of local organisation, they are perfectly free to do so. We know that forums currently have the power to write reports to the adjudicator. In 2009-10, 14 reports were received by admissions forums, of which seven were beyond the deadline for responses. Forums also currently have the power to object to the adjudicator. Only five objections were received from admissions forums in 2009-10 out of a total of 151 objections overall to the adjudicator, and four were from the same forum. That is not to knock them all, but I refer to the point raised by the noble Baroness, Lady Morris, regarding concerns about pieces of machinery that do not necessarily add anything. The evidence for what forums contribute in practical terms is at best mixed. We believe that the existing system, both in the school admissions and appeals codes and in legislation, provides safeguards. The changes overall are relatively modest and in some respects they extend the remit of the adjudicator. With that, I ask the noble Baroness to withdraw her amendment.