UK Parliament / Open data

Charities (Protection and Social Investment) Bill [HL]

My Lords, I begin by declaring, or rather repeating, my interests as a former general secretary of the Independent Schools Council and the current president of the Independent Schools Association, one of the constituent bodies of the council. When I spoke in Committee, I sought to emphasise above all the diversity and variety of independent schools. Diverse and varied though they may be, there are some things that ISC schools as a whole have in common: they are fully committed to working with their communities and state schools. The determination to contribute to and share in the life of their local communities and state schools arises naturally from the charitable ethos and purposes of ISC schools. That point was firmly underlined in the manifesto that the ISC published earlier this year as its contribution to the education debate as the election approached. The manifesto stated that,

“the mission of all schools, whether state or independent, is to educate children to achieve their full potential. Any barriers real or perceived between the two sectors are counterproductive”.

The manifesto went on to give a clear pledge:

“Partnerships between the independent and maintained sectors are an established part of the educational landscape … We propose that … Best practice and current activity is collated and shared to encourage greater participation”.

To that end, the ISC is now involved in detailed discussions with the Charity Commission and, as we have heard, is preparing a large website entitled Schools Together, to be launched later this year, which will set out in greater detail all that is being done now and encourage the rapid expansion of further partnership activity in all possible areas.

The first part of the amendment states:

“Independent schools which are charities must engage actively with local communities and state schools with a view to sharing resources and facilities”.

This pushes at an open door. The issue before us is how the goal, in which we are all united, should best be achieved. Because independent schools vary so greatly in size, resources and facilities, what they can do to carry forward sharing and partnership will inevitably vary too. Think, for example, of the many small schools, particularly those in rural areas or on confined urban sites, one of which I visited a few days ago in order to present the annual prizes. The school has some 200 pupils. It has no playing fields but opens its gym to the local community. It has established a number of means-tested bursaries and has just raised £8,000 for the NSPCC.

I stress the lack of uniformity within the independent sector. Where uniformity does not exist, surely flexibility is imperative. It is for that reason that I believe it would be inappropriate to require the Charity Commission to publish guidance setting out the minimum that

independent schools that are charities must do, as the second part of the amendment proposes. To be fair and equitable, the Charity Commission would have to lay down a minimum for each of the ISC’s 1,267 member schools, taking the varying circumstances of each one into account. That is clearly impractical. There is also a point of principle at issue here. All charities are required to provide public benefit. Would it be right to single out independent schools alone for binding guidance on minimum standards?

7.30 pm

There is a better way, which was outlined by my noble friend Lord Moynihan and the noble Lord, Lord Wallace of Saltaire. The Independent Schools Council is firmly committed to that better way. The preparation of new guidance by the Charity Commission is likely to include illustrative examples of sports, arts and music partnerships to encourage more independent schools to engage in such partnerships, and there is more information to be gathered and shared with the Charity Commission. A research report has been agreed in principle.

There is also scope for the ISC website Working Together—to which I and other noble Lords have referred—to give additional impetus to collaborative projects by including this facility through which state schools themselves could make direct applications for involvement in partnership activities. I attach great importance to this initiative, which deserves all-party backing and support, perhaps by means of endorsements by every party leader which could appear prominently on this website.

No one has more experience in this vital area, where so much good work is already being done and so much more can be achieved, than my colleague Deborah Leek-Bailey, chair of the Independent/State School Partnership Forum, which is backed and actively supported by the Department for Education. She said recently:

“I applaud any action by government which encourages independent schools to extend their provision to pupils within their local communities but it is important to remember that charities are independent and their trustees need to be able to make decisions in the best interests of the charity, taking into account their individual circumstances. It is vital that we do more to raise standards in the teaching of sport, music, languages, the arts, in state schools but I believe that far more can be achieved by highlighting the benefits of engagement and so spreading them very widely indeed”.

Is it not through such an approach, backed and reinforced by new non-statutory guidance from the Charity Commission and other measures, that steady progress can be made for the benefit of all three partners—local communities, state schools and independent schools themselves— in this vital area? They all need to be willing partners. Compulsion is inappropriate both in principle and in practice.

About this proceeding contribution

Reference

764 cc968-9 

Session

2015-16

Chamber / Committee

House of Lords chamber
Back to top