Education and Inspections Bill


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Clause 17

Alterations that may be made under section 18
Sarah Teather: I beg to move amendment No. 353, in clause 17, page 12, line 23, at end insert—
‘(2A) Regulations must provide that alterations falling within subsection (2)(b) may be implemented only if the conditions in section [Conditions for new foundations] are satisfied.'.
The Chairman: With this it will be convenient to discuss the following: amendment No. 354, in clause 18, page 13, line 5, at end insert—
‘(1A) But proposals for a prescribed alteration involving the acquisition by a foundation or foundation special school of a foundation established otherwise than under SSFA 1998 may be published only if the conditions in section [Conditions for new foundations] are satisfied.'.
New clause 6—Conditions for new foundations—
‘(1) A new foundation may not be established unless it contains either—
(a) at least two secondary schools within six miles of each other, or
(b) at least two primary schools within six miles of each other.
(2) A new foundation falling within subsection (1)(a) may also include one or more nursery schools, primary schools, further education colleges, Academies, City Technology Colleges, city colleges for the technology of the arts, and other such other educational establishments and training providers within the local area.
(3) A new foundation falling within subsection (1)(b) may also include one or more nursery schools, secondary schools, further education colleges, Academies, City Technology Colleges, city colleges for the technology of the arts, and other such other educational establishments and training providers within the local area.
(4) A new foundation falling within subsection (1) shall be known as a “community learning trust”.'.
Sarah Teather: The amendments are paving amendments for new clause 6, which we have tabled to explore further the model that the Government have in mind for trust schools, and to offer a particular model based on collaboration. Elements of our concerns and our reasons for tabling the amendments have been picked up in the guidance and the helpful document that was circulated at the end of this morning’s sitting. However, there are other elements that we want to probe further, and we would like to place on record why we favour a more collaborative model.
Let me first place the issue in context. As we have said in Committee and on the Floor of the House, we are not opposed in principle to external partners being involved in education provision. However, we have sought to put on record, both here and elsewhere, details of the safeguards governing the types of organisation that would be involved. We have also said that we would not want an external partner to usurp the direct accountability that parents currently enjoy through the governing body. We will discuss some of those issues shortly when we come to the amendments in the name of the hon. Member for Bury, North. We are also unhappy about giving schools greater freedom on admissions, although we are happy to give them greater financial freedom and would like all schools to have greater freedom in dealing with the curriculum, as academies currently do.
Critically, any model should include collaboration, and that is why we tabled the amendments. On page 4 of the document that was circulated at the end of our morning sitting, the Government make provision for a group of local schools to work with a trust, and that touches on many of the issues that we are raising, but we would like to broaden that provision. It is important that a trust involves collaboration between schools or between schools and colleges or other providers. In that way, the trust will be embedded in the local community, rather than just being part of a national chain, in which case its concerns and objectives might relate more to the national brand and the national profile than to what was good for the local community.
The model that we propose would have the benefit of preventing cherry-picking. It would prevent trusts from coming into an area and picking off the good schools, rather than working to benefit all the schools in the area.
Mr. Gibb: Does that mean that the Liberals oppose the very good work of the Mercers’ Company, which has a range of schools, and which would benefit very much from being able to establish further schools under its brand nationwide? The schools in the Mercers’ Company family that I have visited are fantastic and include the Thomas Telford school, which is the best comprehensive school in Britain.
Sarah Teather: What I am saying is that we particularly favour a model of collaboration. Certain people—the hon. Gentleman has alluded to one example—have a track record of involvement in education, and that would be a different matter. We are concerned about particular trusts coming into an area, picking off the best schools and moving across boroughs, rather than working in collaboration for the benefit of all schools in the area. Given the focus on league tables and exam results, there is a danger that chains of schools will have an incentive to become elitist and to use their freedom on admissions to exclude difficult or under-achieving pupils.
If trusts are to be involved in several schools, that implies that there will be a much greater commitment to the local area. As outlined in the guidance that the Minister circulated, such trusts could be made up of several partners. The vision that we have laid out would allow organisations other than just schools to be involved in forming partnerships. For example, external partners such as youth services providing child care or youth, social or family support could link with learning providers. There could also be links with FE colleges, as we discussed at considerable length during this morning’s sitting.
The key point about collaboration is that it would ensure that the trust model provided greater diversity in the curriculum and greater choice for young people. The benefits would include the ability to share teaching expertise, which will be vital if we are to work towards providing for Tomlinson or even just the rather limited version of diplomas that are offered in the Bill.
Mr. Hayes: The model that the hon. Lady outlinesis interesting. Would she include in it private organisations that might play a role in management or education provision itself?
5.30 pm
Sarah Teather: Another possibility could be work-based learning providers that were private companies. That is precisely the kind of vision that we are trying to draw out. The point is that a trust would be based in a local area, rather than spread throughout the country, with favoured schools being cherry-picked. Our proposal would provide for a model of integrated learning involving further education colleges, work-based learning providers and any other expertise that could be offered in an area. It would allow schools, particularly disadvantaged ones, to overcome, for example, shortages of specialist teachers in subjects such as science, maths and languages.
It is notable that the shortage of specialist teachers occurs particularly in disadvantaged areas. Let usconsider the statistics. Only about 4 per cent. of teachers throughout the country lack specialist status, but in many central London boroughs the figure can be as high as 15 or 16 per cent., so the disparity is huge. It might be interesting to consider our model for those areas.
Such collaborations may happen already. However, we are concerned about the rhetoric behind theBill. Admittedly, we have not heard that rhetoric in Committee, where this Minister is leading on the Bill, but there has been rhetoric from No. 10 about picking off different schools—about schools operating inisolation in a competitive model. Our concern is that there will be a disincentive to the kind of collaborations that can happen already and that some of the good collaborations that have happened in many areas and that are helping to drive up standards will be broken.
Our model would strengthen the collaborations that can already happen, but they would happen in the context of the safeguards that we dealt with in relation to earlier clauses and that we will come to in the next string of amendments.
Mr. Gibb: Let us be clear about what the new clause would do. It states:
“A new foundation may not be established unless it contains either...at least two secondary schools within six miles of each other, or...at least two primary schools within six miles of each other.”
This proposal is another example of the position that the Liberal party has adopted on the Bill, which is deep hostility. That position is as mistaken as the position that the Liberal party took on the Iraqi war—a position that Lord Ashdown, its former leader, also believes was a mistake.
The new clause would completely destroy the central tenet of the Bill, which is trust schools. It would confine the establishment of such schools to the situation of a local federation and it would restrict foundations to controlling groups of schools in a local area. It would rule out two possibilities. First, it would rule out the possibility of a national educational organisation trying to set up a nationwide chain of schools, as the hon. Lady admitted. That would rule out companies such as the Mercers’ Company, a City of London guild, which has a fantastic track record in the provision of education in this country. When the hon. Lady is out of Committee and has time to go to the Thomas Telford school, as I did just before the Committee started, she will see an example of how education in this country should be run. That school provides all the vocational education that she and her colleagues have talked about, but it also has very high standards of academic education.
Mr. Chaytor: It is unclear why the hon. Gentleman argues that the proposal would prevent trusts with a national reputation from building a national chain of schools. The new clause proposed by the hon. Member for Brent, East simply says that they should build federations of schools. A federation is at least two schools. There would be nothing to prevent an organisation that wished to build a network nationally from doing so, but it would be building a network of federations rather than individual schools. According to the arguments that the hon. Lady has put—
The Chairman: Order. That is long enough for an intervention.
Mr. Gibb: First, the hon. Lady explicitly ruled out such national organisations in her remarks. Secondly, the new clause explicitly says:
“A new foundation may not be established unless it contains either...at least two secondary schools within six miles of each other”
and so on. A particular company may well not have two schools, or may not want to have two schools, within six miles of each other. The schools may be spread nationally—throughout the country. However many it had then, it would fall foul of the amendment. That would prevent the establishment of such branding-type organisations, although they would be an effective way to inject innovation and high standards into the education system. That is a basic element of the Bill, which is why it will be effective when it reaches the statute book.
Mr. Hayes: Will my hon. Friend make it absolutely clear that it is perverse to suggest that the Mercersor the Leathersellers—another guild involved in education—could be competent and proper people to establish two schools but not one? Perhaps my hon. Friend will explore why people say it. Might it be a slightly disingenuous policy on the part of the Liberal Democrats and others?
Mr. Gibb: My hon. Friend makes a good point, which I had not mentioned: there is a requirement in the new clause for two schools, which would rule out foundation status for individual schools. That would be a huge disappointment. It would also rule out the possibility of individual schools acquiring a bespoke trust design to meet their specific needs. The amendments would hinder the main objective of the Bill, which is to raise the quality of education available to children.
Annette Brooke: Does the hon. Gentleman appreciate that the thrust of the amendment is to promote collaboration rather than competition? Cannot collaboration raise standards effectively?
Mr. Gibb: I am in favour of collaboration, and other provisions in the Bill encourage it. We debated earlier a clause imported from previous legislation that is all about federations of schools—clause 11. However, I understood from the remarks of the hon. Member for Brent, East that the new clause specifically rules out the Mercers’ Company approach to education, which is, I think, a basic principle of the Bill. I think that that will be very successful when it is up and running in the years ahead. I rest my case there, and urge the Liberal Democrats to withdraw their amendment; if they do not, I urge hon. Members to vote against the new clause.
Greg Mulholland (Leeds, North-West) (LD): I find some of the hon. Gentleman’s comments a little extraordinary. His tangential remarks about the Iraq war were more to be expected from the hon. Member for South Holland and The Deepings; perhaps some influence is being exerted. We are clear that the amendments and new clause are setting a challenge to us all. We consider that there is not sufficient collaboration at this stage and that competition will prevent collaboration. We also feel that the foundation idea does not involve enough in the way of local connection. That is what we are trying to explore. I look forward to the Minister’s comments.
Part of our reason for tabling the amendments and new clause relates to the academies that we have discussed already. Academies are supposed to replace failing schools. The Government insist that the sponsors involved in academies are philanthropic. However, the Committee has agreed, from the evidence of the handful that are up and running so far, that admissions and exclusion policies are being used to weed out the more difficult, ill-disciplined and hard-to-teach children.
With the educational climate as it is, focusing on exam results, league tables, Ofsted reports and nationwide comparisons, it is natural that those who run schools will focus on improving their standing in those areas on which they are publicly judged. The key point is that, by contrast to what applies to academies, trust sponsors are not even obliged to sponsor a failing or coasting school. Where is the incentive to get involved with a school that is failing? For those reasons we believe that there should be collaboration, and in the community learning trust model, with groups of schools, the problem is avoided.
At the moment, we rely on the good will of those setting up foundations. Surely it is better to have some safeguards to protect against such cherry-picking. The Secretary of State said on Second Reading:
“The Bill will help us to raise standards in our schools, especially the under-performing schools in our most challenging communities.”—[Official Report, 3 March 2006; Vol. 443,c. 1474.]
That is unlikely to happen if foundations are able to cherry-pick the best schools with which to work. That would merely solidify a two-tier system, with foundation schools at the top and LEA community schools at the bottom.
A further potential problem is one that we have seen with academies, which is that an LEA has a vested interest not in a particular school but in promoting the achievements of all schools in its area, whereas a trust, even one set up in a poorly performing school, may be tempted to improve its results at the expense of other schools in the area by cherry-picking pupils.
Why are we so afraid of federation and collaboration? As my hon. Friend the Member for Brent, East said, sharing teaching expertise wouldhelp failing schools. We could also share school management. In my constituency, the excellently performing school Prince Henry’s grammar school, a comprehensive school, has lent its head teacher to a famous school in Bradford, yet the school’s leadership remains excellent. Both schools have therefore benefited. There is a shortage of head teachers, so why not use that model of collaboration?
 
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