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Live blog: Experts give evidence at schools bill debate

Academy trust bosses and sector leaders give evidence to MPs today on government reform proposals

Schools Week Reporter

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Sector experts are appearing before MPs today to give their thoughts on the .

Freddie Whittaker is reporting live from the public committee hearing, which includes government ministers Catherine McKinnell and Stephen Morgan asking questions of witnesses.

Those due to appear include academy bosses United Learning鈥檚 Sir Jon Coles, Harris Federation鈥檚 Sir Dan Moynihan and Luke Sparkes, from Dixons Academies Trust.

(We have a round-up here of all 39 policies in the schools bill)

6.30pm:

Government agrees to amend schools bill on academy pay …

Schools minister Catherine McKinnell confirmed this evening that the government will table an amendment on academy teacher pay.

Trusts were concerned they would have pay freedoms taken away from them. Some trusts use freedoms to offer better pay and conditions.

Government had said they wanted to set a teacher pay floor, but with no ceiling – but the bill as worded did not reflect that.

McKinnell said today they will now amend the clause to make it clearer. Read our full story on it here.

… but minister defends ‘broad’ academy ‘direction’ power

However McKinnell defended the government鈥檚 proposals for a power to direct academies to fulfil their duties.

鈥淚t will provide the secretary of state with a more proportionate and flexible remedy where it鈥檚 really important to address quite a narrow or specific breach of unreasonable behaviour within an academy trust,鈥 she told MPs.

鈥淎nd I can give you an example as to why this is necessary. Because at the moment existing intervention powers require the Department for Education to use a termination warning notice and subsequently a termination notice.鈥

She said that was 鈥渘ot always necessary or appropriate when dealing with an isolated breach of a legal duty and clearly we need a proportionate response鈥.

She added: 鈥淥bviously we鈥檒l listen to legitimate concerns on that, but at the moment our view is it鈥檚 a much more proportionate way of dealing with breaches that may be in the case of an academy and so that we can avoid disruption to children when there鈥檚 another way of dealing with a breach by an academy of a legal requirement within the legislation.鈥


5.35pm:

Mismatch between intentions and bill wording

As with other issues such as the extension of pay and conditions to academies, witnesses raised concerns about a mismatch between what the explanatory notes for the bill say about the new power to direct trusts to comply with their duties and the bill itself.

David Thomas
David Thomas

David Thomas, a former DfE adviser who now leads Axiom Maths, said section 43 of the bill, which would enact said powers, 鈥渁s drafted goes beyond the explanatory notes to the bill and what ministers have stated their intention to be鈥.

鈥淚f the intention of the bill, or that clause of the bill, is to allow ministers to intervene where an academy trust is breaching a power but do that in a way that is short of termination that鈥檚 a very sensible thing to want to do. I absolutely think the government should be able to do that.

鈥淚f the purpose was to, as it says in the explanatory notes, issue a direction to academy trusts to comply with their duty. That feels perfectly reasonable as a thing to be able to do.鈥

But Thomas, who was part of the DfE team that worked on the doomed 2022 schools bill, warned the new bill as drafted 鈥済ives the secretary of state the ability to give the proprietor such directions as the secretary of state considers appropriate鈥.

鈥淚 don鈥檛 think it鈥檚 appropriate for a secretary of state to be able to give an operational action plan to a school. I think it鈥檚 perfectly reasonable for a secretary of state to tell a school they need to follow their duty.

鈥淚 think it鈥檚 just a mismatch between the stated intention and the particular drafting and I would correct that mismatch.鈥


4.25pm:

Academy direction power ‘too broad’

The government is proposing a new power for the education secretary to direct academy trusts 鈥渃omply with specific duties or to prevent the unreasonable use of a power鈥

But multiple witnesses told the public bill committee the power proposed in the bill was too broad.

鈥淲e do have concerns about the power to direct,鈥 Confederation of School Trusts chief executive Leora Cruddas told MPs.

鈥淲e think it is too wide at the moment. We accept the policy intention is one of equivalence in relation to maintained schools, but maintained schools are different legal structures from academy trusts and we don鈥檛 think that the clauses in the bill as laid really properly reflect that.

鈥淚t鈥檚 too broad and it鈥檚 too wide and we would like to work with the government to restrict it to create greater limits on that. And those limits we think should be around statutory duties on academy trusts, statutory guidance, the provisions in the funding agreement and indeed charity law.鈥


3.45pm:

Academy bosses Sir Jon Coles, Sir Dan Moynihan and Luke Sparkes gave their views on the proposed rowback of academy freedoms. Despite leading some of the country鈥檚 most successful trusts, all three said they had not been consulted. Here鈥檚 5 key highlights 鈥

1. Reforms would 鈥榝undamentally change鈥 successful schools, for the worse

The trio were all critical of Labour鈥檚 plans to withdraw academy freedoms, particularly so on pay and conditions.

Coles said the best people are needed to turnaround failing schools, adding that ability is 鈥渇undamentally important to us鈥.

Sparkes, who leads Dixons Academies Trust, said its most successful schools, getting the 鈥渂est results for disadvantaged pupils, would have to fundamentally change鈥 which is 鈥渂ound to impact significantly on outcomes for children鈥. He called it a 鈥渟ignificant backwards step鈥.

However, all three were more positive about government claims they want to introduce a pay 鈥渇loor, but no ceiling鈥.

But Coles stressed 鈥渢hat鈥檚 not what the bill says鈥, and questioned whether officials should be asked if the bill does what ministers want it to?

2. Where will the innovation come from?

Sparkes said that many schools 鈥渙n the edges鈥 are the ones who drive innovation.

鈥淭he idea is that a few innovate, that over time diffuses and then becomes the norm. If we lose the opportunity for anyone to innovate, we鈥檒l just stagnate,鈥 he said.

Dixons is currently trialling a nine-day fortnight, and 鈥渨ant to be bolder and totally reimagine the school workforce鈥 as 鈥減ost-millennials are not going to accept the norms that currently exist鈥, he added.

But a set of 鈥渆xpectations around conditions will stifle innovation 鈥 leaders working in our contexts [challenging schools in deprived areas] need the freedoms to do things differently鈥.

Moynihan questioned why government is 鈥渇reezing the system where it is now. If we want world-leading 鈥 one key way to do it is to give schools the freedoms that academies have to transform failing schools 鈥 why shouldn鈥檛 every school have that?鈥

3. Quell admission power concerns by issuing guidance

Government has proposed giving councils more powers on admissions over academies 鈥 including a new duty for both to collaborate, and for councils to direct an academy to admit a child.

Moynihan said a 鈥渒ey issue鈥 was a potential conflict of interest if a council is opening its own school and also allocating places for very hard to place children.

鈥淭here needs to be a clear right of appeal in order to ensure that conflict can be exposed if necessary,鈥 he added, saying some schools had become 鈥渄umping grounds鈥 under local authorities.

Sir Jon Coles
Sir Jon Coles

Academies can appeal to the schools adjudicator. But, while admitting current admission arrangements are 鈥渇ractured鈥, Sparks questioned whether the adjudicator is 鈥渨ell placed to make policy and financial decisions鈥 on what is 鈥渂ecoming a commissioner role鈥.

Coles suggested government could issue guidance on the new powers, such as 鈥渉ow they are going to be used and the rules of the game .. and what good practice looks like鈥.

This would help 鈥渕ake everyone comfortable that things would be done fairly,鈥 he added.

4. What鈥檚 Labour鈥檚 school improvement strategy?

Coles said he would 鈥渓ove to see鈥 government 鈥渟et out its strategy for improvement and how it will drive improvement across the system鈥.

鈥淧art of the response to this bill has been, because the government hasn鈥檛 had a policy document ahead of publication, people have read into the bill their concerns and fears and worries.

鈥淭here hasn鈥檛 been a clear government narrative around how this is going to drive forward improvement in the school system overall, how to tackle achievement gaps.鈥

Moynihan added the government also needs an explicit strategy on tackling disadvantage 鈥 saying this hasn鈥檛 been a real focus for years. He suggested upping pupil premium rates or setting new metrics to drive improvement.

鈥淚t鈥檚 a door that鈥檚 wide open,鈥 he added.

5. Judicial review fears over academisation watering down

Labour will end automatic academisation for failing schools, instead making this 鈥渄iscretionary鈥 and letting the secretary of state decide.

But Moynihan said academy takeovers are sometimes 鈥渉otly, politically contested鈥.

Academy conversion opponents are likely to 鈥済o to judicial review鈥 which 鈥渃ould leave children in a situation of failure for months of even more than a year鈥, he added.

Opponents will 鈥渨ant to know on what basis that discretion has been given鈥.

Schools not academised will get support through new regional school improvement teams, who will commission support.

Sir Dan Moynihan
Sir Dan Moynihan

But Moynihan said 鈥渋t鈥檚 much better if we quickly want to improve schools to give someone full power over that school to improve it and do what鈥檚 necessary quickly鈥.

鈥淭hat must be more effective than a RISE team going in that doesn鈥檛 have that authority over the governance of the school.鈥

When questioned about the number of future academies falling, Coles added: 鈥淚 don鈥檛 want this to be political knockabout, I want this to be about how are we going to make the school system better 鈥 that is the only question I care about.鈥


2.20pm

Oliver: Curriculum freedoms used to 鈥榟ot-house鈥 kids on English and maths

Ofsted chief Sir Martyn Oliver said the current education inspection framework reduced deviation from the national curriculum because it set out a need to follow a broad and balance curriculum. (One of Labour鈥檚 proposals is to make academies follow the national curriculum again).

He said the bill 鈥減uts everyone on the same footing 鈥 so I think there鈥檚 good in that鈥. But he would 鈥渁lways want to give headteachers the flex to do what is right for those children as long as it ultimately delivers a broad and balanced education鈥.

Oliver added that the 鈥渕ost typical reason鈥 for deviating from the national curriculum 鈥渨ould be a focus on the core standards of English and mathematics鈥.

鈥淲e would often see that taking place. But I鈥檓 afraid in some cases it goes from a deviation to improve their core standards, some would hot-house and then would do that at the exclusion of the broad and balanced.鈥

He said Ofsted’s report card consultation, due next week, would “allow more nuance and better identify” such issues.

Ofsted: Give us more power on unregistered AP, too

Permission has been granted or a test case arguing parents should get access to public funding to challenge potentially discriminatory exclusions
Investigation The rise and rise of unregistered AP click image for story

Oliver said Ofsted was 鈥渉appy in large parts of the bill鈥. For instance, the definition of what constitutes a private school will be expanded so that any operating on a full-time basis must now get government approval and be subject to regular inspections.

Oliver said the 鈥渁bility鈥 to look at illegal and unregistered settings is 鈥渉ugely important. Where [these schools] are out of line of sight, it causes of great concern鈥.

But he said the bill could 鈥済o further and look at unregistered AP – because all children educated anywhere for the majority of time should be in sight of the inspectorate or regulator.鈥

He also said new powers for Ofsted to search illegal schools would be 鈥渂urdensome鈥 and require 鈥渁dditional resource鈥.


2pm:

De Souza: I need to know how failing schools will be improved under Labour plan

Children鈥檚 commissioner Dame Rachel de Souza, a former headteacher who led the Inspiration Trust, opened the afternoon session.

She started by saying she wants to see a 鈥渧ision for a new, vibrant schools system鈥. (She鈥檚 not the only one鈥)

As a former trust boss, she was asked about the proposed academy changes. De Souza said she was concerned about automatic academisation changes.

鈥淚 cannot let children remain in failing schools 鈥 I need to know what was going to happen. How are we going to ensure those schools are improved: quickly and effectively?鈥

Dame Rachel de Souza
Dame Rachel de Souza

She also asked for better data and predictions around what will happen to attainment under the proposed new system.

She pointed to the first academy she turned around, under the Tony Blair government, adding: 鈥淚t鈥檚 never gone to less than 鈥榞ood鈥 鈥 any new system has to deliver for the most vulnerable as well as that.鈥

But she added she wasn鈥檛 鈥渉ung up鈥 on any particular system. She wanted to see the 鈥渧ision for how to work together with the best knowledge we鈥檝e got about school improvement, and a sense of urgency and making sure no child is sitting in a failing school.鈥


12noon:

Tabled amendments include national SEND body, free lunches for all primary pupils and pay floor added into bill

MPs can table amendments to the bill, but in reality they will only succeed with government support.

Our reporter Freddie Whittaker has got a copy of all the amendments on the table so far – which, even if they are unlikely to go through, still gives you a decent idea of the key issues for each party.

The Conservatives have put forward amendments that would do the following鈥

  • Make the pay set out in the School Teachers鈥 Pay and Conditions Document a floor and extend freedoms over pay and conditions to maintained schools
  • Require the government to continue with the existing secondary school breakfast clubs scheme
  • Allow schools to require more than three branded uniform items if parents have not had to pay for them
  • Require councils to submit a statement of reasons when they refuse permission for a child to be home educated
  • Give parents a right to view materials used in the teaching of the school curriculum
  • Require the government to provide an academy conversion support grant, a trust CEO development programme and restore the trust capacity fund
  • Require government to proceed with the opening of free schools

The Liberal Democrats have put forward amendments that would do the following鈥

  • Require the government to implement the recommendations of the independent inquiry into child sexual abuse
  • Require councils to publish their performance against statutory deadlines for EHCPs
  • Extend the 50 per cent cap on faith-based admissions to over-subscribed free schools to cover all new schools (following fears the scrapping of the free school presumption opens the door to greater selection)
  • Require councils to register all eligible children for free school meals
  • Introduce a 鈥渘ational tutoring guarantee鈥
  • Establish a national body for SEND

Meanwhile, a group of Labour backbenchers, Green politicians and independents have put forward amendments that would do the following鈥

  • Extend free school lunches to all primary school pupils
  • Require councils to provide or coordinate free meals and activities for children eligible for free school meals during school holidays
  • Place a duty on the government to proactively identify children eligible for free school meals, making the application process opt-out rather than opt-in

10.30am:

Academies aren鈥檛 only way to improve schools, say unions …

Both school leadership unions were questioned by MPs this morning. One of the key questions was around new plans to make academisation for failing schools 鈥渄iscretionary鈥 instead of automatic.

There have been concerns the move will lead to government open to judicial reviews, and leave schools waiting longer for support (see point 7 in this story).

But Paul Whiteman, general secretary of the NAHT, said 鈥渨e do have examples of schools that are in difficult circumstances where an academy chain can鈥檛 be found for them to accept them in because the challenge is too difficult for an academy to really want to get hold of them鈥.

The most striking example of this is the Hanson school, in Bradford, which waited 11 years for an academy sponsor.

Schools minister Catherine McKinnell asked if it鈥檚 important a school鈥檚 鈥渋ndividual circumstances鈥 are taken into account when determining the 鈥渂est鈥 action to drive improvement.

鈥淎cademisation isn鈥檛 always a silver bullet,鈥 Whiteman responded. 鈥淚t doesn鈥檛 always work according to the locality or the status or the circumstances of the school. We absolutely think that different options are available.鈥

鈥 鈥榖ut most expertise sits in trusts, and we can鈥檛 undermine that鈥

Julie McCulloch, policy director at ASCL school leaders鈥 union, said that accountability measures 鈥渟houldn鈥檛 lead to automatic consequences鈥, and there needs to be a 鈥渘uanced conversation on a case by case basis about the best way to help a struggling school improve鈥.

But she added it was 鈥渞eally important to recognise the extent to which the expertise and capacity to improve schools does now sit in multi academy trusts.

鈥淣ot exclusively, but that is where a lot of that capacity sits at the moment. I think it鈥檚 really important to make sure we don鈥檛 do anything that undermines that.鈥

McCulloch also flagged concern about proposals for all teachers to have or be working towards qualified teacher status.

It’s really important to recognise the extent to which the expertise and capacity to improve schools does now sit in multi academy trusts

Shadow minister Neil O鈥橞rien asked: 鈥淒o you think it鈥檚 sometimes better to have a good professional person who the head thinks is a good teacher rather than no teacher at all?

鈥淚n some cases yes,鈥 McCulloch replied. 鈥淭hat鈥檚 a sad place that we find ourselves. But sometimes that is the case, particularly when we鈥檙e looking as tythe top end of secondary school and into colleges.鈥


10am:

We need more staff for home education checks, say councils …

The schools bill is split into two: schools measures, and children wellbeing measures. One of the big proposals under the latter is new rules on councils over home educating pupils 鈥 which includes keeping a register and doing checks of learning environments for pupils not in school.

One concern was whether councils have enough capacity to do such checks.

Andy Smith, Association of Directors of Children鈥檚 Services (ADCS) president, said some councils have just one home education officer.

鈥淲e need to think about the capacity and resource required to visit children in their home [and] the training required for staff so they can tune in to issues around safeguarding and general wellbeing.鈥

He called for 鈥渟ufficient capacity to get sufficient workers in post, and sufficiently trained鈥.

Ruth Stanier, Assistant Director of Policy, Local Government Association (LGA), added the new duties for councils must be 鈥渁ppropriately resources to have the impact that we want鈥.

She said they are already having discussions with government about this, but they are yet to do full cost estimates.

鈥 but SEND parent relationship issues presents problems鈥

The number of children being home educated is rising, and more parents are doing so because they believe schools are not meeting their child鈥檚 need.

Smith said parents have 鈥渕oved away鈥 from home educating for 鈥減hilosophical reasons鈥.

It鈥檚 鈥渙ften because of bullying, mental health challenges, being encouraged by schools to electively home educate.

鈥淎nd increasing number of children with SEND, because parents aren鈥檛 getting the provision they want, it鈥檚 not available or because of the tribunal process.鈥

He also raised how councils have a 鈥渜uite challenging鈥 relationship with SEND parents, and 鈥測et local authorities will be going into the family home and asking lots of questions about the nature of education鈥.

He said councils need 鈥渕uch clearer guidance about what a good EHE offer looks like, so there鈥檚 greater consistency across the piece. At the moment we just haven鈥檛 got that because we鈥檙e talking about very old legislation.鈥


Schools Bill: we鈥檝e got you covered

The headlines: Bill to enact sweeping academies reform

The round-up: All 39 schools bill policies

The fall-out: Amend bill to add pay ‘floor but no ceiling’, trusts demand

红桃影视: Labour鈥檚 plans show it gets trusts鈥 vital role


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