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Contents EXECUTIVE SUMMARY .................................................................................. 3 TERM OF REFERENCE 1 ................................................................................ 6 TERMS OF REFERENCE 2 AND 3 ................................................................... 11 RECOMMENDATIONS .................................................................................. 17 TERM OF REFERENCE 1 - DETAILED FINDINGS............................................... 23 BACKGROUND ............................................................................................ 72 LEGAL AND ADMINISTRATIVE CONTEXT ........................................................ 77 OTHER CONSIDERATIONS ........................................................................... 87 Eversheds LLP (or "Eversheds") is a lim ted liability partnership registered in England and Wales w th registered number OC304065. Its registered office is at One Wood Street, London EC2V 7WS. Please note that when we refer to a "partner" or "partners" of Eversheds LLP, the term "partner" indicates a member of Eversheds LLP. It should not be construed as indicating that the members of Eversheds LLP are carrying on business in partnership for the purposes of the Partnership Act 1890. EXECUTIVE SUMMARY 1. In an attachment to an anonymous letter received by Birmingham City Council (“BCC”) on 27 November 2013, suggestions were made that schools within Birmingham have been targeted “to be taken over” to ensure that they are run on strict Islamic principles, with certain schools being specifically named (known as the “Trojan Horse Letter”). BCC has commissioned me and my team from Northern Education to undertake an independent investigation into the issues arising from the Trojan Horse Letter. 2. The allegations made and the issues raised will be familiar to many; they have been widely covered and commented on in the media and continue to remain a top priority for BCC, the Government, other stakeholders and the public at large. I remain acutely aware of the interest that there will be in the findings of this, and other related reports, and my priority throughout has been to conduct the investigation independently, objectively and fairly. The scope and conduct of my investigation is set out clearly in the body of the report. 3. Given the nature of the issues being investigated and the remit of my instructions, my report has focussed and commented on the issues that have been found in certain schools in the Birmingham area. My report deals with a small section of schools where there are concerns and system weaknesses that exist; that includes serious concerns about poor governance in some of these schools. However, Birmingham schools service a large population of students; there are 437 schools in the city (comprising 320 maintained schools1 and 117 academies2) many of which are highly successful in meeting the educational and social needs of our children; here there exist many examples of good schools and good governance. 4. I therefore ask that my report be read with that context in mind. The issues covered in the report do not significantly affect the majority of schools in Birmingham and this bigger picture must not be forgotten. These schools, and the education system more generally, rely on volunteers who willingly and generously give up their free time to improve schools and the delivery of education, to the benefit of many young people. Their excellent contribution should not be forgotten. My investigation should aim to do nothing that risks losing the confidence of people in continuing to volunteer their time and dedication to supporting school leaders, teachers and support staff in the provision of high quality education for the city’s youth. 5. My Terms of Reference for the investigation ask me to report on the following: 5.1 Do you believe there is any substance in the allegations made in the letter? 5.2 If so, do you believe that Birmingham City Council should take any specific steps to avoid or reverse the implementation of such a targeted takeover? 5.3 Based on the information obtained during the course of your Inquiry, are there any recommendations that you wish to make to Birmingham City Council in respect of further action or investigations which may be required, in relation to the Trojan Horse letter or otherwise, following the conclusion of your inquiry? 1 Including community schools, voluntary aided schools, voluntary controlled schools, and foundation schools 2 Including free schools and academies 3 6. My investigation has found that elements of the five steps referred to in the Trojan Horse Letter (as detailed in paragraph 16 below) are present in a large number of the schools considered as part of the investigation. There are also clear patterns of behaviour amongst groups of individuals which is so common that it is reasonable to infer that there are links between these various individuals. This is however an inference which I draw as, to date, there is little express evidence to which I can point of a systematic plot or co- ordinated plan to take over schools serving students of predominantly Muslim faith or background. 7. The evidence drawn out of the investigation suggests that some people take the view that there are schools in East Birmingham that are failing Muslim children and in response there are groups of British male governors and teachers, predominantly of Pakistani heritage, which have formed in order to take action to address the perceived failings. Some of the individuals involved have a great deal of influence in their communities and have used this to coalesce others to influence local schools. It is a determined effort to change schools, often by unacceptable practices, in order to influence educational and religious provision for the students served. It is also seen as a means to raise standards. There is no evidence of a conspiracy to promote an anti-British agenda, violent extremism or radicalisation in schools in East Birmingham. 8. It appears that there is a genuine and understandable desire amongst these groups to improve the education and opportunities for Muslim pupils. This desire is often coupled with a belief that the children can only be served by Muslim leaders and teachers. These ‘activists’ have regarded the role of being a governor as a means to an end. Where they judge a school to be failing the students, they have seen their role as one of leading change through the replacement of school leadership and an improper manipulation of school governance. There is a need to guard against this behaviour, which does not comply with local authority and school governance legal obligations. 9. The evidence suggests that there is a pattern to this behaviour, with these activist governors translating their improvement agenda into: 9.1 placing demands upon head teachers to modify curriculum provision which denies students their right to access a broad and balanced curriculum, including the right to understand other world religions and the right to sex and relationship education; 9.2 placing inappropriate demands on head teachers by repeatedly requesting information; 9.3 being overly challenging and sometimes aggressive in the management of head teachers; 9.4 undermining head teachers during Ofsted inspections; 9.5 interference in operational matters; and 9.6 inappropriate appointments of friends and relatives. 10. This has resulted in conflict with head teachers, other members of staff and other governors, who are required to follow certain legal obligations in relation to education. In some schools and academies the introduction of Islamic assemblies without the authorisation of SACRE, or the Secretary of State in the case of academies, means that head teachers and governors are breaking the law. 11. Due to certain weaknesses in the systems and processes that surround school governance, as well as local authority failings, this has been allowed to happen unchecked. BCC was aware of some of these concerns, and failed to spot others when it should have done, due to a failure to join up the intelligence it did receive in relation to 4 these schools. In some cases, BCC was actually a vehicle for promoting some of these problems, with head teachers being eased out through the profligate use of compromise agreements, rather than supported. BCC’s inability to address these problems has been exacerbated by a culture within BCC of not wanting to address difficult issues and problems with school governance where there is a risk that BCC may be accused of being racist or Islamophobic. 12. Taking into account these overarching conclusions, and in order to address my second and third Terms of Reference, I have considered whether there are any specific steps that BCC should take to reverse and avoid the impact of the existence of elements of the Trojan Horse behaviour. I have also considered what further action or investigations may be required. This is set out in the conclusions and recommendations section of my team’s report. 13. In terms of the structure of the report, the findings, conclusions and recommendations will likely be of most interest and relevance to many who read this report. These sections therefore follow immediately after this summary. However, it is important that I set out after that some background information in relation to the scope of the investigation and the investigation process, coupled with details of the evidence that was obtained. A tremendous amount of evidence has been considered