Academies Bill [HL]

My Lords, I will speak to Amendments 26, 27, 56, 57, 99, 103, 109, 111 and 120—a veritable alphabet soup of amendments. The Government propose that outstanding schools that convert to academies should take under their wing another school that is struggling and that should receive support. This is an excellent idea, but there is no actual provision for this in the Bill. The Secretary of State has made it clear that he will in most cases wait until after conversion to put the arrangements into place, but I suggest that there might be some advantages in being a little more up front about this issue. I welcome Amendment 25 in the name of my noble friend Lady Morgan of Huyton in this respect. Amendment 26 prevents changes causing untold disruption to sixth forms and colleges in the community, which I believe could be an unintended consequence of the changes. Amendment 27 deals with another seemingly unintended consequence of the legislation. Under the Government’s proposals, academies will be allowed to expand at will and will be able to include sixth-form colleges and primary schools. A school converting to an academy at, say, primary school level could in theory grow until it becomes an all-through academy for pupils from the age of five to 18, but the local authority and the local community will have had no say in the issue. There could be serious consequences. For instance, a faith primary school could expand into a secondary school, or a grammar school could expand into primary education. Without proper public consultation, the balance of, for example, faith schools and non-faith schools in a given community could be transformed. We would not want such an unintended consequence. The Bill also erodes the ability of local authorities to plan by giving secondary schools, for example, the right to establish a primary class without the need to consult anyone. As the noble Baroness, Lady Williams, pointed out, primary schools are often much smaller than secondary schools. They have much less capacity to budget, to plan for the future, to have in-house services for SEN provision or to have other key shared services. In principle, there is no reason why primary school children cannot attend an autonomous school. Under the previous Government, all-through academies happened and they were successful. But, like the noble Lord, Lord Greaves, and the noble Baroness, Lady Williams, I wonder whether the academy model is the right model for primary schools right now, as it will necessitate a considerable increase in overheads for primary schools. The resources for shared services could be swallowed up by extra administration, which could have severe consequences for the wider welfare of primary school children in those communities. Amendments 99, 109 and 120 effectively ask the Government to think again about that issue and to think about a framework which might involve more collaboration, as has been mentioned, for primary schools and secondary schools. We think that that might be more appropriate. Therefore, we are thinking along the same lines. Amendments 103 and 111 deal with what could be seen as a fundamental issue, a problem, at the heart of the Bill. The current academies programme targets areas of inadequate educational attainment and opportunity. Most academies replace existing weak or underperforming schools. Others are brand new schools in areas which need the extra school places. Academies were a key element of the national challenge. They took us to a position where only one in 12 schools fell below the 30 per cent grade A to C benchmark, which half of the schools failed under previous Governments. But I am glad to say that things improved. Part of the real benefits of the academies programme under the Labour Government was that outside expertise was harnessed for the good of turning around failing schools and it was important to acknowledge a role for innovation. For this reason, academies were obliged to follow the national curriculum in only core subjects such as English, maths, science and information technology. The schools were also taken out of existing local authority control and given the funding for shared services, as we have discussed previously. This was so that they could use the funding to deliver the services, which many, by definition, would have had more need for than other schools, because they were often in the most deprived areas with the most overlapping problems. Academies have had a higher incidence of pupils with English as an additional language compared to other state-funded schools. Investigating the state of play as regards pupil profile admissions and exclusions, the report by PriceWaterhouseCoopers says that the proportion of children eligible for free school meals in academies has declined at a faster rate than in other schools, with a drop of nearly 6 per cent. The PWC report also shows that the absolute number of pupils on free school meals has risen compared to their predecessor schools. We can see that the fall in proportion does not mean that free school meal numbers have declined but that more children are attending school, as well as more from other backgrounds. Of course, that is a good thing and shows that the schools are getting a genuinely comprehensive intake, which we welcome. Many predecessor schools sadly had unrepresentative intakes. But the PWC report indicates a story of sink schools with a high proportion of children on free school meals attracting a much broader intake to much more successful schools. By contrast, the Government propose to implement a reform which is aimed at improvements for 20 per cent of schools already rated outstanding by Ofsted. Of course, these schools are likely to have fewer children on free school means attending. There is a real risk that by giving advantages to the strongest and not to the weakest, we entrench rather than erode the inequalities in the education system in this country. That is why it is so important that these excellent schools work strongly with the schools in the most disadvantaged areas, which is precisely why I welcome Amendment 125 in the name of my noble friend. It is important that we deal with this issue up front and I would like to make it explicit in the legislation.