Academies Bill [HL]

I shall speak to Amendments 138, 139, 176, 184 and 193 in this group. First, I thank the Minister for the considerable time and trouble that he has taken to talk through the many concerns about special educational needs that have been raised as a result of this Bill. We have received full and helpful replies to many issues, but raising them in Committee ensures that there can be no misunderstanding about the debate and the decisions. Amendments 138 and 139 are intended to clarify what will change once a school becomes an academy. Under academy arrangements, considerable freedom is given to the governing body and head teacher to vary the operation and organisation of the school. Although there is a requirement that the academy should cater for pupils of differing abilities, we would welcome confirmation that that requirement will be enforced and monitored. At Second Reading, we raised the matter of exclusion of children with behavioural difficulties. Can the Minister say whether there has been any risk assessment of increased exclusions from the new academies? That, in turn, could lead to the need for more referral or specialist units, which would have cost implications. We know that local authorities have responsibility for placement of pupils with statements. It is not entirely clear how the local authority is to be supported in placing pupils in an academy. If parents feel that the provision is not adequate, as the noble Lord, Lord Rix, mentioned, they have recourse to complain to the Secretary of State. That sounds like a measure of last resort. If there are local problems, would consideration be given to a more local route by which complaints could be channelled in the first instance? In the annexe to his letter of 15 June, which has already been referred to today, the Minister clarified that academies do not receive local authority funding for SEN transport. Co-ordinating school transport is a responsibility that local authorities have carried out in the past and, presumably, will continue to do. Amendment 139 would confirm that responsibility but would leave open the question of how it would be done most effectively when some pupils need transport to academies and others to maintained schools. There is an additional need to ensure that any complexity in the system does not lead to any pupil who requires transport being overlooked. Amendment 176 concerns SENCOs. It arises from the fact that academies are not covered by the 2008 regulations for special educational needs co-ordinators, which stipulate that SENCOs in maintained schools must have qualified teacher status. The spirit of the code of practice implies that SENCOs should hold qualified teacher status, but that is not explicitly stated. SENCOs are key post-holders who co-ordinate provision across the school to secure high-quality teaching and learning for pupils with special educational needs and the effective use of resources to meet the educational needs of children and young people with SEN. The position involves obtaining resources, managing the work of learning support assistants, advising and supporting fellow teachers and liaising with statutory bodies and voluntary agencies, as well as with parents. SENCOs are also expected to contribute to the in-service training of other staff. Those varied duties suggest that SENCOs should themselves be qualified teachers, both to ensure that they have a full understanding of the professional skills of teachers and to give them appropriate standing within the schools in which they operate. Amendment 184 follows from the previous amendments. It would bring the proprietors of academies into line with other schools as far as their duties relate to SEN pupils. Amendment 193 is offered to help the Minister. The term "proprietor" is mentioned frequently in the Bill, but no definition is given. In practice with academies so far, the person in Clause 1 often establishes another body to be the proprietor, not least because the proprietor has to be a corporate body and a charity, yet the person in Clause 1 can be an individual. The definition offered in this amendment is: ""‘proprietor’ means the person with whom the Secretary of State enters into Academy arrangements once the Academy has been established"."