This is me again. I apologise for that. To some extent, we are going over ground on this question of consultation that we have already discussed at some length. In Clause 8, proposed new Section 5 of the 2010 Act is headed, “Consultation about conversion: schools not eligible for intervention”. These are the schools that convert to academies of their own choice. New Section 5(1) spells it out on the consultation:
“Before a maintained school in England is converted into an Academy, the school’s governing body must consult such persons as they think appropriate about whether the conversion should take place”.
I believe I am right in saying that that wording comes directly from the Academies Act, and was the form of words that we eventually agreed for that Act after a lot of discussion on the issue. My amendment proposes that rather than having this rather vague wording,
“such persons as they think appropriate about whether the conversion should take place”,
we should make it more specific and talk about,
“parents and guardians of registered children … teaching and support staff of the school”
and the local authority, which we need to refer to because if a local authority school is converting voluntarily to an academy, it needs to take the local authority along with it in the discussions that it has. Since the governing body will be initiating this action, paragraph (d) of my amendment is relatively unnecessary. My amendment refers also to,
“other such persons as they deem to be appropriate”.
My amendment would effectively spell out the process of consultation in those circumstances. This very much picks up on the discussion we had last Thursday on consultation with regard to coasting schools. During that discussion, the noble Baroness, Lady Evans, who was responding for the Government, made it clear that in such circumstances the Government would certainly expect that there would be consultation with the parents. I remind the Committee what the noble Baroness said on that occasion:
“In practice, we envisage that where a school meets the coasting definition, the governing body will voluntarily inform parents. Issuing a communication to parents is already the normal approach taken by schools following the publication of exam results or Ofsted inspections. In fact, schools are not required to notify parents of Ofsted judgments but they do, and we would expect schools to adopt a similar approach in this situation. We would certainly expect governing bodies to be as open as possible with parents”.—[Official Report, 5/11/15; col. GC 415]
Indeed, one does expect them to be open with parents.
However, I take issue with whether the noble Baroness was right in saying that schools are not expected to communicate with parents about Ofsted judgments. Section 14(4)(c) of the Education and Inspections Act 2006, as I read it, states that the appropriate authority, which is the governing body, shall take such steps as are reasonably practicable to secure that every registered parent of a registered pupil at the school receives a copy of the report within such period following the receipt of the report by the authority as may be prescribed, which is five working days. I think I am right in saying that under present legislation parents do have to receive a copy of the report, and that there is therefore discussion with parents about it. I basically
agreed with what the Minister said on that occasion—namely, that consulting parents and staff is the least that should be expected from a governing board that decides to pursue the conversion route. However, legislation and guidance usually spell out what is expected and there seems a very strong case for spelling it out on this occasion as well.
6.45 pm
Amendment 22, which is grouped with Amendment 19, would apply not only to voluntary conversions to academies but to forced conversions. Regarding this amendment, subsection (2) of proposed new Section 5 of the Academies Act, as it would be substituted at the moment by Clause 8, deliberately omits any consultation when a failing school is to be converted to an academy. This very much affects the views of Ministers expressed just now and at Second Reading, when the noble Lord, Lord Nash, made it particularly clear that he would not brook any delays in the process of academisation for failing schools. Indeed, during Second Reading he went on to suggest that such consultation constituted,
“roadblocks put in the way by dogmatic influences and people putting the interests of adults ahead of those of children”.—[Official Report, 20/10/15; col. 633.]
I know that the Minister had some words with the noble Lord, Lord Watson, about that.
I will leave it to the noble Lord, Lord Watson, and his Benches to make the case for their amendments but, at this juncture, I would like to record that we on these Benches are very much offended by those words of the Minister. We agree that it is good for these processes to move as quickly as possible, for the sake of the children, but we are also of the view that the right to consultation and discussion is one of the vital safeguards of democracy. It is appropriate that the procedures here are open and clear to those who are stakeholders within the school itself. For that reason, we very much support the general tenor of Amendment 22 and the ancillary amendments which go with it. With that, I beg to move Amendment 19.