Education Bill

My Lords, I support the position of the noble Lord, Lord Sutherland, in particular. Like him, I would take some persuading to support exempting schools. I can understand the Government’s probable motivation: they believe that schools should be freed up from unnecessary burdens of inspection. The trend over the past few years has certainly been to lessen the burden of Ofsted inspections and the use of self-evaluation has been relatively successful in that regard. I am sure that the Government and the Minister would not for a second want anyone thinking that they do not think that schools should be accountable and that accountability is an important element of parental choice. Certainly, throughout our perennial debates on testing and tables as the drivers of choice—and I pay tribute to the noble Lord, Lord Bew, for his reviews around SATS at primary level—the mantra trotted out was that parents should not only look at the test results and the ranking tables, because those were put together by newspapers and, anyway, the Government do not rank schools, but at Ofsted inspections and other sources of information. An Ofsted inspection is always in the line that you have to take when talking about these issues. Yet if a school becomes exempt, all you can rely on is that data. As the Government move towards opening up and publishing more and more data about schools, a richer picture can perhaps be formed. However, if the Minister were to persuade me that through better, more rigorous and richer publishing of data, we could get to the point of exempting outstanding schools, he would have to further persuade me that there are satisfactory forms of data. The data should relate not only to the achievement of pupils, the quality of teaching and the quality of leadership—difficult as some of those proxies might be in data terms—but to behaviour and safety. Are there good proxies for child safety, the subject of the amendment that I support from the noble Baroness, Lady Walmsley; are there good proxies for, "““the spiritual, moral, social and cultural development of pupils at the school””?" All these items should be covered in a chief inspector’s report on a school. The only way in which you could possibly justify exempting a school is by coming up with accurate proxies in data form for all of the measures that the Government say should be covered in an Ofsted report under Clause 40. As I said earlier and as others have said during this debate, schools do go backwards—and sometimes they go backwards fairly quickly. People can be tempted and attracted by exempt schools. In some of the conversations that I have had with head teachers who are four or five years from retirement, they have said, ““I have had my last Ofsted inspection so now I can do what I like””. That will free people up to innovate and to ignore the Schools Minister in the other place. When Nick Gibb goes on about synthetic phonics and prescribing what kind of text books to use, they can say, ““Well, it does not really matter. I do not have to do that because I am not going to be inspected on it. As long as my results are all right and I carry on being outstanding, I can ignore Nick Gibb””. That is quite a persuasive argument but, in the end, it is not good enough and we need that accountability through inspection. I want to meet the noble Baroness, Lady Perry, half way on her interesting amendment. When I talk to head teachers now about Ofsted—which they do not admire without criticism—they tell me that they would like a much greater feeling that the people doing the inspection are head teachers who are currently in the workforce. Their worry is that the people who come round are sometimes a little out-of-date in terms of what is going on. There is a lot to be gained from peer review—from heads inspecting other heads. One of the most successful forms of school improvement that we have at the moment is the national leaders of education, who perform that kind of peer review function in respect of school improvement. There might be a middle way—I will not call it a third way because that may confuse people—of having lighter touch inspections, still as Ofsted inspections, but, by and large, being carried out by head teachers inspecting each other. They would not inspect schools that they know or have an association with, because that independence would have to be there. That might enable Ofsted to carry out its own burden of inspection in a relatively lean way in terms of cost, yet still give the accountability which parents and those of us who have to care about the spending of public money need. In the end, that is very important.