Education Bill

My Lords, at the heart of the Government’s proposals and this debate is the question of how we obtain greater school autonomy, strike the balance between wanting to pursue that objective and raising educational standards, and resolve the tension that can clearly exist between that and localism. Perhaps I may pick up on the point about the Government thinking that there is only one model of provision, involving only free schools and academies. The whole purpose of the policy on free schools is to have as varied a range of types of schools as we can. That is also the case with academies. Studio schools, UTCs and bilingual schools are thereby emerging, many with a lot of local involvement. I recognise that that is slightly different from the point being made about local authority involvement. However, it is not the case that the Government are seeking a one-size-fits-all kind of school provision. We want variety but we are also keen to encourage schools that demonstrate greater autonomy, and that is what lies behind this clause. We know that results from the academies programme begun by the previous Government provide evidence for this. Research from the National Audit Office last year reported that academies have increased the rate of improvement in GCSE results compared with trends in their predecessor schools. The latest provisional GCSE results data show that sponsored academies are still improving at a faster rate than other maintained schools. In the latest year, they are improving at more than double the rate of other maintained schools. This evidence began to emerge some time ago and it is fair to say that we are not the first Government to seek to respond to it. We discussed in this House the previous Government’s education White Paper in 2005. That White Paper, and the Education and Inspections Act 2006 that followed it, set up the current system for establishing new schools. Again, I think it is fair to say that the system introduced under that legislation was designed to promote more autonomous schools and to reduce the number of new community schools. Therefore, that approach was established by the previous Government, although I accept that we are taking it further with our proposals. We have moved to expand the academies programme and develop the free schools programme, and, although there are obviously differences between us over some of the detail, I think that there is an encouragingly broad degree of consensus. I know that in a recent interview with the Liverpool Daily Post the shadow Secretary of State, Mr Twigg, indicated that he was not in principle opposed to the kinds of developments that are going forward. We also know that this consensus extends to many local authorities. Many of them are strong supporters of the Government’s vision for a more autonomous school system and they are working closely with the Government to make a reality of that in their communities. They are already playing more of a strategic commissioning role, assessing the needs of their local communities, and identifying and working with free-school sponsors and academy providers, who can respond to those needs. However, it is true that this Government, like the previous one, have found that some local authorities are resistant to the academy model in principle, in spite of what we believe to be strong evidence in their favour. Under the process for establishing new schools set up following the 2005 White Paper that I have just referred to, despite the fact that the process was designed to promote more autonomous schools, a fifth of the new schools set up have been community schools. That is why, through Clause 36 and Schedule 11, we are seeking to change the process for establishing new schools and to ensure that all local authorities, not just the majority, give precedence to academies and free schools when they think that a new school is needed. We acknowledge that an academy solution may not be available in every case. That is why Schedule 11 will continue to allow a local authority to hold a competition to invite bids for other types of school. However, they will be able to do so only once the Secretary of State has given his consent. I know that the noble Baroness, Lady Hughes of Stretford, and my noble friend Lady Walmsley are concerned that that approach runs counter to the principle of localism. I understand that argument and accept that there is a tension between localism interpreted in that way and our desire to ensure that all local areas can enjoy the proven benefits of greater school autonomy. We think that in the vast majority of cases where local authorities need a new school, they will be able to identify suitable academy proposals. In the few cases where they are not able to do so, we think it is important that the Secretary of State has the chance to assist them. In practice, we think that that will be part of a process of discussion between central and local government, and that the requirement for consent will be a formality. However, as I have said, where some local authorities oppose the academy model in principle, we think that there will be a small number of cases where the Secretary of State will need to be able to fall back on a clear statutory lever in the interests of parents and pupils. I know that noble Lords have expressed some concern that our proposals may make it harder for local authorities to respond swiftly to demand for new school places. I understand that and we have listened to comments that have been made to us by local authorities about the complexity of the existing process. We want to make the new process swifter and less burdensome. Currently, it can take at least 12 months to identify the best proposal for a new school. We want to work with local authorities to streamline this process so that, where a local authority runs a school competition, we can select the successful proposal in less than nine months. The noble Baroness, Lady Massey, expressed concerns about the other main change made by Schedule 11. As I explained in the letter that I wrote to her last week, to which she referred, the changes that we are making there are meant to be pragmatic to try to reduce unnecessary bureaucracy. They remove the requirement to seek the Secretary of State’s consent in certain situations where consent has invariably been given in the past. I know that my noble friend Lady Walmsley highlighted what she felt to be an inconsistency between this change and the introduction of a requirement for the Secretary of State’s consent before a local authority could open a competition. The difference is that the former is largely about existing schools and the latter is about new schools. The requirement in this situation for proposals to have the Secretary of State’s consent was not intended as a safeguard against unsuitable proposals; that is the role of the statutory process that has to be followed when setting up new schools outside a competition. That process includes consultation with those affected by the proposals and a period in which objections and representations can be made. The local authority or the independent schools adjudicator then take account of all the available information and make an independent decision on whether the proposals can be supplemented and the school established. Our changes to Schedule 11 leave these safeguards in the statutory process in place. Concerns were raised by my noble friend Lord Avebury. The guidance to which he refers requires that, where a faith school is proposed for closure, consideration is given to the effect on the balance of denominational provision in an area. It goes on to say that approval for closure should not normally be given where it would result in a reduction in the proportion of denominational places, subject to certain exceptions. I recognise that that may sound unbalanced because it does not make the corresponding point about the effect of the closure of schools without a religious character, but I think it reflects the fact that the numbers of denominational places in an area tend to be smaller and so more sensitive to school closure. I recognise the point that he made about the Isle of Wight, which was the point picked up by the noble Lord, Lord Touhig. My officials are developing new guidance to support the Bill. I would be pleased if my noble friend Lord Avebury would contribute to that process by discussing with them the practical implications of some of the points he raised. A trend towards greater school autonomy has been a common thread running through the education reform led by both Governments in recent years. Clause 36 and Schedule 11 seek to continue that trend as well as to reduce unnecessary bureaucracy. I ask the noble Baroness, Lady Hughes of Stretford, to withdraw her amendment.