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Education and Adoption Bill PARLIAMENTARY DEBATES HOUSE OF COMMONS OFFICIAL REPORT GENERAL COMMITTEES Public Bill Committee EDUCATION AND ADOPTION BILL Eighth Sitting Thursday 9 July 2015 (Afternoon) CONTENTS CLAUSES 7 to 11 ordered to stand part of the Bill. Written evidence reported to the House. Adjourned till Tuesday 14 July at twenty-five minutes past Nine o’clock. PUBLISHED BY AUTHORITY OF THE HOUSE OF COMMONS LONDON – THE STATIONERY OFFICE LIMITED £6·00 PBC (Bill 004) 2015 - 2016 Members who wish to have copies of the Official Report of Proceedings in General Committees sent to them are requested to give notice to that effect at the Vote Office. No proofs can be supplied. Corrigenda slips may be published with Bound Volume editions. Corrigenda that Members suggest should be clearly marked in a copy of the report—not telephoned—and must be received in the Editor’s Room, House of Commons, not later than Monday 13 July 2015 STRICT ADHERENCE TO THIS ARRANGEMENT WILL GREATLY FACILITATE THE PROMPT PUBLICATION OF THE BOUND VOLUMES OF PROCEEDINGS IN GENERAL COMMITTEES © Parliamentary Copyright House of Commons 2015 This publication may be reproduced under the terms of the Open Parliament licence, which is published at www.parliament.uk/site-information/copyright/. 265 Public Bill Committee9 JULY 2015 Education and Adoption Bill 266 The Committee consisted of the following Members: Chairs: †MR CHRISTOPHER CHOPE,SIR ALAN MEALE † Berry, James (Kingston and Surbiton) (Con) Pugh, John (Southport) (LD) † Brennan, Kevin (Cardiff West) (Lab) Timpson, Edward (Minister for Children and † Donelan, Michelle (Chippenham) (Con) Families) † Drummond, Mrs Flick (Portsmouth South) (Con) † Tomlinson, Michael (Mid Dorset and North Poole) † Esterson, Bill (Sefton Central) (Lab) (Con) † Fernandes, Suella (Fareham) (Con) † Trevelyan, Mrs Anne-Marie (Berwick-upon-Tweed) † Gibb, Mr Nick (Minister for Schools) (Con) † Haigh, Louise (Sheffield, Heeley) (Lab) † Walker, Mr Robin (Worcester) (Con) † James, Margot (Stourbridge) (Con) Wilson, Sammy (East Antrim) (DUP) Jones, Graham (Hyndburn) (Lab) † Kyle, Peter (Hove) (Lab) Fergus Reid, Glenn McKee, Joanna Welham, † Lewell-Buck, Mrs Emma (South Shields) (Lab) Committee Clerks † McCabe, Steve (Birmingham, Selly Oak) (Lab) Nokes, Caroline (Romsey and Southampton North) (Con) † attended the Committee 267 Public Bill CommitteeHOUSE OF COMMONS Education and Adoption Bill 268 Amendment 45, in clause 7, page 6, line 10, at end Public Bill Committee insert— ‘( ) in section 19 of the Academies Act 2010, in subsection (2), insert at start “Except subsection (A1) of section 4” and insert Thursday 9 July 2015 after subsection (3) ( ) Before the Secretary of State makes an order commencing section 4(A1) she will lay before Parliament an independent (Afternoon) report demonstrating the improvement, or otherwise, of schools which have been academised, or not, after being eligible for intervention by virtue of sections 61 or 62 EIA 2006.” The amendment requires the Secretary of State to demonstrate that [MR CHRISTOPHER CHOPE in the Chair] academisation is the best solution for schools which receive an inadequate Ofsted judgement. Education and Adoption Bill Amendment proposed (this day): 39, in clause 7, page 6, Louise Haigh (Sheffield, Heeley) (Lab): I want to line 5, at beginning insert— speak briefly in support of amendment 40, which allows us maturely to reflect on the need for academisation “If the Her Majesty’s Chief Inspector of Education, Children’s Services and Skills advises”.—(Kevin Brennan.) before the Secretary of State imposes her will on an underperforming school. Before the break, my hon. The amendment requires the Secretary of State to take advice before using new provision Friend the Member for Cardiff West laid out many examples of alternative methods of school improvement and made the case that academisation is not the only 2pm option. In 2012, 559 schools were judged inadequate. Question again proposed, That the amendment be Of the 294 that remained maintained, and therefore made. were not engaged in the academisation process, only nine remained inadequate a year later. On re-inspection, 152 were deemed good and six were rated outstanding. The Chair: I remind the Committee that with this we We have heard today that local authorities are not are discussing the following: taking the necessary action to improve standards in Amendment 40, in clause 7, page 6, line 5, leave out schools, but those figures clearly suggest otherwise. “must” and insert “may” Furthermore, sponsored academies are twice as likely There may be a good reason why the school should not be academised, to stay inadequate as maintained schools. and this amendment allows for mature reflection of the need for academisation. Does the Minister agree with the Local Government Amendment 46, in clause 7, page 6, line 6, after Association, which commented in evidence to the “intervention”, insert “for the first time after 1 January Committee that governance—or structure—is 2016” “a distraction in all of this.”?––[Official Report, Education and The Bill does not make clear when the Government will implement this Adoption Public Bill Committee, 30 June 2015; c. 18, Q36.] new power. This amendment would provide that the power could not be Does he not think it logical for the Secretary of State to used retrospectively. consider the case for academisation first, given that it is Amendment 24, in clause 7, page 6, line 8, at end not the silver bullet that the Minister seems to think it insert— is? Rather than placing a duty on the Secretary of State ‘(A1A) Prior to making an Academy Order in respect of a to force academisation, it would be good practice to maintained school under subsection (A1), the Secretary of State allow the Secretary of State, in consultation with the must arrange for an independent assessment of the impact of chief inspector of schools at Ofsted, to make a decision conversion into an Academy on vulnerable pupils, including but based on the available evidence and the circumstances not limited to— of individual schools. Amendments 40 and 39 would (a) children with statements of special educational needs, allow the Secretary of State space to use her judgment, (b) children with special educational needs without rather than having her hands tied arbitrarily. In the statements, event of a warning notice being issued, a school having (c) looked after children, been found to require significant improvement or a (d) children with disabilities, and school being in special measures, the amendments seek (e) children with low prior attainment not otherwise to give the Secretary of State time to consider the case falling under (a) to (d). for academisation properly. (A1B) A report of any assessment conducted under subsection (A1A) shall be laid before each House of Parliament by the The Minister for Schools (Mr Nick Gibb): Welcome Secretary of State. back to our proceedings, Mr Chope. It is again a (A1C) Where a report under subsection (A1B) indicates any pleasure to serve under your chairmanship. risks of negative impacts on vulnerable pupils, the Secretary of State must accompany the report with a statement of the steps he Amendments 39, 40, 46, 42 and 45 all relate to is taking to satisfy himself that reasonable mitigating steps will clause 7, as does amendment 24, which was tabled by be planned and implemented to reduce such risks.” the hon. Member for Sefton Central. Clause 7 places a Amendment 42, in clause 7, page 6, line 8, at end duty on the Secretary of State to make an academy insert— order for any maintained school that Ofsted has rated ‘(A2) For the avoidance of doubt, subsection (A1) does not inadequate, removing any doubt about how we will apply to a maintained nursery school or a Pupil Referral Unit.” intervene in failing schools: they must become academies The amendment is to clarify whether the new provision applies to with the support of an effective sponsor to give them maintained nursery schools and Pupil Referral Units. the necessary support and challenge to turn the school 269 Public Bill Committee9 JULY 2015 Education and Adoption Bill 270 around. The clause is therefore a crucial new power to see what results were produced? Officials have had strengthen our ability to deal with failure and to do so several days to do that, so I would have thought that he more swiftly. would have those numbers in his notes by now. Amendment 39 seeks to make the duty to issue an academy order dependent on whether the Ofsted chief inspector advises that such an order should be made. Mr Gibb: We are always crunching numbers when The Government of course greatly value the independent comparing schools and we are always looking at how advice of the chief inspector on school performance, individual schools and academies are faring. We pore but I consider the amendment to be unnecessary and over all kinds of crunched numbers the whole time. likely to lead to a less efficient process for taking the That is a particular role of the regional schools necessary action quickly once a school is identified to commissioners, who do similar analysis to identify schools, be failing. Ofsted judgments on a school’s performance and indeed academies, that are failing. are made under the powers of Her Majesty’s chief We do take swift action when academies are failing. inspector, as set out in the Education and Inspections Thetford academy, for example, was put in special measures Act 2006. When Ofsted judges a school inadequate, the in March 2013. The sponsors acknowledged that they chief inspector has already sent a clear signal to the did not have the capacity to make the required school, local authority and the Secretary of State that improvements, so the Department brought in the Inspiration he judges the school to be failing to provide an adequate Trust, who took the school on in July 2013.
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