PLC Public Sector reports:
On 7 June 2010, the Academies Bill had its second reading in the House of Lords.
Whether or not it goes some way to allaying local authority fears that what is proposed will create a two-tier education system between those schools with Academy status and those without is a moot point even though during the wide-ranging discussion that took place it was stated that the Bill is not intended to:
- Allow a few schools to float above the rest of the state school system since the key focus of the Academies programme, which is on underperformance and deprivation, remains a feature of the Bill and its purpose is to help all schools improve standards by encouraging greater partnerships between schools.
- Provide a back-door to selection. Non-selective schools, which choose to become an Academy, will not be able to become selective and must operate a fair and open admissions policy to ensure that Academy intakes are diverse, inclusive and drawn from the local community.
- Stop special schools, which convert to Academy status, from taking only children with statements of special educational needs.
- Financially disadvantage maintained schools.
- Create a two-tier system.
However clarity is clearly needed on the following issues:
Funding of academies
Local authority concerns that the funding of Academies will create a two-tier system will have to be dealt with. Robust safeguards need to be in place given that funding for schools is allocated to local authorities on a formula, which takes into account local costs, needs and deprivation, and authorities retain some of those funds to pay for important services such as school travel, school meals, special needs or pupil referral units for children excluded from school. However, if what is proposed means that new Academies receive their per-pupil funding, as well as their share of the local authority central funds, then there is a risk that funding shortfalls will be created and result in Academy schools receiving a greater per-pupil amount than neighbouring schools. This needs to be addressed.
The admissions code
Increasing the number of Academy schools is likely to have implications for local authorities in their admissions planning, as they currently act as admissions authorities for all schools in their area, except Academies. The Bill needs to clarify various issues surrounding admissions, particularly in relation to the position of those children in care, with disabilities or with special needs. Although it is the coalition government’s intention for all new Academies to operate a fair and non-selective admissions policy and to make addressing the needs of children with special education needs a priority, it is apparent that the Bill as currently drafted does not contain sufficient detail as to how they are to do this and this must be addressed. A solution to the problem would be to make Academies subject to the SEN framework contained in Part IV of the Education Act 1996, so that they have a duty to use their best endeavours to meet the needs of children with special educational needs. Certainly the lack of accountability needs to be addressed within the Bill given that Academies are independent schools funded directly by the Secretary of State and are accountable mainly through funding agreements rather than the education legislation.
The strategic role of local authorities
Although there is concern that what is proposed will diminish the strategic role of local authorities, their powers, their influence and budgetary flexibility, the government has stated that strong local authorities remain central to its plans to improve education and the intention is that they have a strategic overview of services in the local area. The debate suggests that it is intended local authorities are likely to retain responsibility for pupil SEN assessments, statementing, funding of statemented pupils, ensuring arrangements are in place for statemented pupils, monitoring statemented pupils and will retain a key strategic role in supporting the delivery of educational excellence. In addition, local authorities will have a continued role in supplying goods and services to schools, including Academies.
It will be interesting to see how the points made during the second reading are taken forward in the Committee Stage and whether local authority concerns will be addressed in the next stage of the Bill. For more information on the Academies Bill as introduced on 26 May 2010, see Legal update, Academies Bill published.
We will be considering some of these issues in more detail in our opinion piece next week. Please add a comment below if you have any views on this opinion piece.