The Education & Inspections Bill
I will be voting to support the Bill at Second Reading on 15th March 2006. Whilst like many MPs I had some concerns about some of the impact of the Bill I am now reassured by some of the compromises made by the Education Secretary Ruth kelly. I will listen carefully to representations made from parents, heads, governors and teachers on some of the detail.
Response to NUT Email and Letter Campaign
I have raised the issues outlined in the NUT Email and letter Campaign with the Education Ministers and here is their response on specific issues raised in the letter:
1. To allow local authorities to establish school without facing a veto from the Secretary of State
The White Paper made clear that local authorities could propose a new foundation school, including in situations where no other suitable promoter could be found. We have also made clear that local authorities should be able to act as a minority partner in a school Trust. However, in these circumstances, since it would clearly be wrong for the local authority to be both promoter and decision-maker in a school competition, the competition would, be decided by the Adjudicator.
Having carefully considered the Education Select Committee’s view that there may be occasions where a community school might be the best option to meet local needs we have made clear that we will also allow this.
It is important that local authorities seriously consider all alternatives to secure the best education for their community, however, and do not just promote local authority community schools as the default option. Therefore, if a local authority wished to enter a community school in a competition, they should seek the consent of the Secretary of State, who will want to ensure that the competition is genuinely open. Where a local authority with a good track record in education proposes a community school that will command the support of parents, the Secretary of State will not normally intervene.
In these circumstances, the competition would be judged by the Schools Adjudicator, rather than the local authority. In doing so, the Adjudicator would take into account the track record of the local authority in terms of educational performance, the degree of diversity in the local school system and parental preference.
The reason the Secretary of State is involved is because the Adjudicator cannot both rule on whether a community school proposal should be allowed and be the decider of the competition.
2. To stop governing bodies being dominated by Trusts
We remain committed to the governing body stakeholder model which represents parents, staff, the community and the local authority. However we believe that where a school wants it, schools should be able to choose to allow their Trust to appoint the majority of governors (as is already the case for the foundations of Voluntary Aided schools).
Although a relationship with a Trust is designed to be lasting, we recognise that there should be mechanisms to deal with changing circumstances. The White Paper set out how local authorities would be able to remove a Trust in circumstances of school failure. The Bill will also allow a school, where there is real dissatisfaction at the performance of the Trust, to remove the Trust.
3. To prevent Foundation schools from selling off community assets
Trust schools will not be able to sell off publicly funded or enhanced assets.
When a Trust school wishes to dispose of non playing-field land, it will have to inform the local authority, who will be able to object or to claim a share of the proceeds. Where agreement cannot be reached, the Schools Adjudicator will play a mediation role. Any proceeds must be used for capital investment.
Restrictions on playing field disposal will apply to Trust schools as they do to all other maintained schools – no school can dispose of playing field areas without the permission of the Secretary of State.
Assets will revert back to the governing body in the case of a Trust being removed; or the local authority in the case of school closure (except where the Trust originally provided or enhanced the land).
To put a cap on the ability of some school to damage others by uncontrolled expansion
We believe that good schools should be able to expand. This is already the case and the Bill is not changing this at all. What is new is that the local authority, in its new role as a champion of parents and pupils, will take responsibility for school organisation decisions, rather than the School Organisation Committee – with the Adjudicator continuing to settle any disputes. In reaching any decision the local authority (and the Adjudicator) will take in to account the impact on overall standards in an area, including effects on neighbouring schools.
In fulfilling its leadership role in relation to school organisation and its new duties to promote diversity, choice and fair access, the local authority may choose to set out its strategic plans, and report on its progress, as part of its CYPP (the single, strategic, overarching plan for all services affecting children and young people) or supporting plans. The Schools Adjudicator would take account of this in looking at any contested issues around school organisation, including any proposed school expansion decisions.
4. To prevent schools from imposing worsened pay and conditions for teachers and support staff
All maintained schools including Trust schools, are subject to the School Teachers’ Pay and Conditions Document.
To empower local authorities to provide education services as well as to commission them
Nothing in the White Paper, Higher Standards, Better Schools For All or the Bill prevents local authorities from providing services to schools. They will also have new powers to ensure high standards in all schools and to ensure that every child in an area is able to fulfil their educational potential.
5. To prevent schools being summarily closed within 12 months following hostile inspections
No failing school will be ‘summarily closed’ if it is clear that it is making progress. Every child has a right to attend an excellent school that will enable them to achieve their potential. The Bill makes provision for measures to ensure that failing and underperforming schools are supported to improve quickly and effectively. Local authorities will have a crucial role in ensuring that a school does not go into Special Measures in the first place and, if it does, that it is appropriately supported to enable it to improve. If a school is placed in Special Measures (Grade 4) by Ofsted following a routine inspection, local authorities will be under a duty to consider radical remedial action immediately. This could include federation, appointing additional governors, providing consultancy services or replacing the school’s leadership. If, after 12 months of being in Special Measures, reasonable progress has not been made, there is a presumption that the most likely outcome will be that the school is closed and replaced by a new school or by expanding an existing successful school.
To require local authorities to secure fair access for all pupils, to promote social inclusion, community cohesion and race equality, and to establish for all schools in their areas admissions policies that are free of selection by ability or aptitude
The notion of fair access is grounded in the principle that every child has the right to the best possible education regardless of his or her background or circumstances. The Bill as it stands will therefore, for the first time, require local authorities, when exercising their powers in relation to all their functions, to do everything they can to promote the educational fulfilment of every child in their area.
Specific barriers to fair access to schools are addressed throughout the Bill. The Bill places a duty on local authorities to provide advice and assistance to parents when expressing preferences for schools. It outlaws selection and strengthens the Admission Code. It gives new powers to Admission Forums so that they can object to unfair arrangements and produce an annual report of fair access. And the Bill extends school transport rights for low income groups to remove barriers to effective choice.
Local authorities will take into account the impact on community cohesion in all of their school organisation decisions. And they will be able to refer the acquisition of a particular Trust to the Adjudicator.
Schools and local authorities are already individually bound by the Race Relations (Amendment) Act to promote racial equality. They must have due regard to the need to eliminate unlawful racial discrimination, and promote equality of opportunity and good relations between people of different racial groups. When deciding proposals for new schools decision-makers will be required to have regard to the community cohesion effects of proposals for new schools.
All of these measures are intended to promote social inclusion by ensuring that disadvantaged children do not lose out.
