UK Parliament / Open data

Education and Adoption Bill

My Lords, it is a very great pleasure to welcome to these benches my noble friend Lord Blunkett. I await with great interest his maiden speech. It is also slightly unnerving to have behind me two former Secretaries of State for Education as well as a recent education Front-Bench spokesperson from my party, so, if nothing else, that will keep me on my toes.

It is widely acknowledged that today fundamental problems face our schools in particular and the education system in general. In making the Education and Adoption Bill one of the first to be introduced in this parliamentary Session, the Government had an opportunity to address these issues and begin to remove them as problems. It is a matter of huge regret that they have singularly failed to grasp that opportunity.

The issue that overarches everything else in education is the ongoing problem of recruitment and retention of teachers because, without teachers, what is education? Yet that issue is the dog that does not bark in this Bill because, incredibly, eight pages and 12 clauses relating to education contain just a single mention of the word “teacher”. Even that is merely a reference to a pay and conditions warning notice. Very nearly 50,000 teachers left the profession between November 2013 and November 2014, the highest number on record. In 2009-10, under Labour, recruitment into teacher training was about 3,000 above target. In 2013-14 it was 2,300 below target. Why has that not set alarm bells ringing at the DfE? Neither does the Bill acknowledge, far less address, the question of providing a place at school for every child who requires it, following the increase in birth rates, or how the DfE is going to find many more academy sponsors, or how more good head teachers are to be recruited to take on underperforming schools.

The Government have set their face against each and all of these urgent matters, preferring instead to use this Bill as a vehicle to pursue their apparent obsession with removing schools from the local democratic framework and handing them to sponsors. All too often their suggested friends are supporters of the Conservative Party—some, it appears, even go on to

become Ministers. This is legislation driven not by education considerations but by ideology, and it is interesting that the Minister mentioned ideology in his opening remarks. Our children deserve better—much better.

The main thrust of the Bill as regards state schools is as mistaken as it is simplistic: maintained, bad; academy, good. Simply turning a school into a sponsored academy does not bring about change for the better. Where schools improve their performance it is almost always because of the hard work and commitment of the head teacher, the teaching and support staff and the pupils themselves, with the support of their families. There is now a strong evidence base to show that there is no academy effect—no silver bullet in terms of academy status and school improvement. On the contrary, although the Minister has referred to examples in statistics that he regards as favourable, I would be very interested to hear his response to the Ofsted inspection results up to June this year. Of all schools inspected, the percentage of academies classified as inadequate was 3.4%, covering 3.9% of all pupils. The percentage of maintained schools classified as inadequate was 1.6%, covering 2% of pupils. So there we have it—there are now more pupils in inadequate academies, some 102,847, than in inadequate maintained schools, where there are 98,185. Perhaps the Minister could say when he expects to halve the rate of inadequate academies?

Surely schools should be given the opportunity and time to improve with appropriate support. When a school is issued with a warning notice by a local authority, or is eligible for intervention, the local authority can deploy additional and targeted resources to support the school and improve the education that it provides its pupils. I agree with the Minister that not enough local authorities have issued warnings; that much we agree on. However, Clause 7 provides no such opportunity before a school is forced into academy status. Under the new system of comparative results, schools can be left in a position whereby, no matter how hard they work and how high the standard of their teaching, their results can fall as grade boundaries change. Grade boundaries are constantly changing and this system can lead to an excellent school being labelled as “coasting”. Has the Minister considered the consequences of this? Will he clarify how the definition of “coasting”, which we now hear will go out to consultation, will work alongside this new system of comparative results?

In practice, the Bill will simply fast-track many more so-called underachieving schools into academy chains and create a new label to stigmatise them and their staff and pupils with the toxic notion of coasting schools. There is a grave danger that this Bill will create a situation in disadvantaged areas where schools are simply unable to attract head teachers and teachers, because the chances of these schools being found wanting and forced into an academy chain are so great, with the implicit stigmatisation of their staff. Why are this Government so ready to demonise teachers and teaching staff? Many work long hours with insufficient resources yet feel they receive scant recognition of this when they have to suffer attacks on their profession.

The coalition Government opened the door to academies and free schools employing unqualified teaching staff. Yes, there are teacher shortages, but there are

doctor shortages, too. Can we anticipate this Government introducing the concept of well-meaning amateurs being allowed to “give it a go” in our hospitals? Obviously not—but the analogy is not as facetious as it may appear. Doctors save lives, and while teachers do not give life, they provide the tools to young people to make the most of their own lives—a priceless gift that every single one has a right to expect. Any Government serious about school improvement would reverse the foolhardy decision to invite unqualified staff to teach, virtually without restriction. Every child and young person deserves, and every parent has the right to expect, nothing less than that teaching should be delivered by a qualified teacher at all times. The most successful countries, from the Far East to Scandinavia, are those where teaching has the highest status as a profession. These countries have demanding initial teacher education programmes which require successful completion in order to enter into the profession. They also generally have Governments who demonstrate that they value, rather than denigrate, the profession.

The Bill is a backward step for democracy in education and in society as a whole. Parents, governors and local authorities are all to be stripped of long-established roles and responsibilities. As things stand, the Academies Act 2010 requires the governing body of a school to consult parents before the school is converted into an academy. The Education and Adoption Bill would remove these requirements when a school is told that it must become an academy because it has been deemed failing or coasting. This denies parents and staff their only reasonable opportunity to be involved in what can be a fundamental change to the ethos of their school. That attack on basic parental rights has no place in a democracy, and these clauses should be removed.

Currently when a school is issued with a warning notice, the school’s governing body has an opportunity to respond. The Bill seeks to remove that right. Too often, schools struggle to attract sufficient governors. What sort of incentive is it to those considering serving their community to be told that, should a warning notice about their school’s performance be issued, the governors will be denied even the opportunity to respond by outlining their plans for improvement?

There is no signal from the Government that the Bill will include provision for academy chains to be inspected by Ofsted in the same way as local authorities are inspected, something that the Education Select Committee, many unions and Ofsted have called for. When Ofsted has inspected groups of schools in individual chains, it has made serious criticisms of a number of high-profile chains.

Clauses 8 and 9 must be struck from the Bill, so that parents, governors and school staff can remain included in the process of improving their school. But we have been here before. Consultation was missing from the original draft of the Academies Bill in 2010. The strength of feeling in both Houses and across the parties saw the Government bow to common sense and insert clauses on consultation. What has changed in five years? I hope the Minister is not going to seek refuge by telling us that that was during a coalition Government and the Liberal Democrats forced his party to concede the point. We shall see.

These clauses signify throwing into reverse previous statements made by major government players. In a debate on the Localism Bill in January 2011, Nicky Morgan, now Secretary of State for Education, said:

“I particularly welcome clause 102, which requires developers to consult local communities before submitting planning application for certain developments”.—[Official Report, Commons, 17/1/11; col. 642.]

So in the eyes of the Secretary of State it is appropriate to consult communities on planning issues, but not on major changes to their schools.

Even more tellingly, in light of the centralisation inherent in this Bill, in an article on shifting power to local people and local institutions in February 2009 a leading Tory wrote this:

“When one-size-fits-all solutions are dispensed from the centre, it’s not surprising they so often fail local communities. When people experience a yawning gap between the changes they want to see and those they can directly affect, it is inevitable that demoralisation and democratic disengagement follow.

The Conservative party wants nothing less than radical decentralisation … There are plans to give people a much greater say over issues that affect their daily lives”.

Those were the words of the then leader of the Opposition, David Cameron.

Collective amnesia seems to have afflicted the current Cabinet, with state education and its stakeholders paying the price. The Bill’s major measures can lead only to the powers and voices of local communities—governing bodies, democratically accountable local authorities, parents or school staff—being diminished.

We shall deal in detail in Committee with the question of so-called coasting schools. The Government did not even have a definition of coasting schools when the Bill was published. Now, as we heard, it is going out to consultation, but we know that it relies solely on performance data, taking no account of individual circumstances. Of course, no two schools are the same. Without doubt, this categorisation will impact disproportionately on schools with more socially disadvantaged pupils, perversely those in most need of assistance.

Adding insult to injury is the fact that the coasting label would apply only to maintained schools, although many academies are likely to fulfil the criteria that have now been laid down. What plans do the Government have to deal with academies that are coasting? The term “coasting” cannot apply; academy chains cannot be inspected by Ofsted and successful local authorities are not allowed to oversee failing academies in their area. That raises the question: quis custodiet ipsos custodes? If we are told that academy status is all that is required to turn around a coasting school, what if that does not succeed? Is a new sponsor sought? We look to the Minister to provide the answer to that conundrum.

Unfortunately, adoption is the poor relation in this Bill, but we welcome the measures to increase the supply of adoptive parents and prevent children remaining longer than necessary in the care system. We are, however, concerned that superregional consortiums may limit the role of small specialised voluntary adoption agencies, which often cater for mixed race and special needs groups.

We do not believe that adoption should be elevated above long-term fostering, special guardianship or other models of care. What matters most is what is in the best interests of the individual child. Adoption brings many positive outcomes to the lives of children, but it should be borne in mind that adoption is the right outcome for only a minority who end up in care. For many of those children, fostering or residential care may be more appropriate, and the full range of options should always be considered.

There are also concerns about the current state of the adoption system. There has been a substantial decline in the number of adoption decisions and placement orders, with a drop of more than 50% on both measures in the past year. That will take some time to have an impact on the number of children who actually end up being adopted, but that impact is clearly going to be considerable, and not in a positive way.

Voluntary adoption agencies play a key role, yet despite government support over the past few years they are struggling for survival. Many are reducing the size of their social work teams as the proportion of adoption work that was done by voluntary agencies decreases. In some areas, local authorities, despite clear direction from government, exclude them from discussions. It is not clear how voluntary adoption agencies will play a part in the proposed new regional structures while retaining their individual independence and how funding arrangements will support their activity.

I hope the Minister will find time in his closing remarks to demonstrate that some consideration will be given to those important issues, on which it is our intention to submit amendments in Committee; appropriately, it will commence during National Adoption Week.

Labour is opposed to this Bill because it takes school oversight, parental involvement and support for head teachers backwards. The Government are determined to restrict the measures in the Bill to local authority schools instead of addressing inadequacy wherever it is identified across the system. We will work with Peers on all sides of the House to amend and improve the Bill so that it focuses on the real challenges facing our education system, rather than fixating on a mistaken headlong rush to academisation as the only route to raising standards in our schools.

4.50 pm

Type
Proceeding contribution
Reference
765 cc583-591 
Session
2015-16
Chamber / Committee
House of Lords chamber
Back to top