Catherine McKinnell MP: speeches

Speeches

• 4 Feb 2025 · Children's Wellbeing and Schools Bill (Tenth sitting) · Hansard source

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  Nonsense.

• 4 Feb 2025 · Children's Wellbeing and Schools Bill (Tenth sitting) · Hansard source

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  The hon. Lady has made her point. I will not comment on individual circumstances or individual trust leaders—I do not believe it would be appropriate for me to do so. But she has made her point and it is an important one that is reflected in the processes in the Academy Trust Handbook and the processes that are in place regarding these issues. We will keep it under review as a Department. Obviously the changes that we are bringing will have an impact in terms of setting a more equal balance between the approaches of academies and maintained schools in pay and conditions. That is the intention of the clause. I hope I have set out clearly how our amendments to the existing clause 45 and subsequent secondary legislation will deliver on our commitment to a floor with no ceiling. It will enable good practice and innovation to continue and will be used by all state schools to recruit and retain the best teachers that they need for our children. I therefore urge members of the Committee to support the amendments, but in this context the current clause 45 should not stand part of the Bill.

• 4 Feb 2025 · Children's Wellbeing and Schools Bill (Tenth sitting) · Hansard source

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  If I could just finish, that will be mandated intervention for schools that have been consistently underperforming. They are schools that are not part of the previous Government’s procedure for mandating intervention within schools. They are schools that have been sitting just above the mandated intervention procedures but have been consistently underperforming. This is one of the big failures of the previous Government. We have spent a lot of time in the last few days recognising the great successes of many educational reforms over the years, but it is a crying shame that so many schools are still struggling and have not had the support they need to improve over the years.

• 4 Feb 2025 · Children's Wellbeing and Schools Bill (Tenth sitting) · Hansard source

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  Yes, I was going to come to that point, because it is welcome that the hon. Gentleman focused on school support staff. He is absolutely right that they are integral to any successful school. However, we do not intend to amend the provisions, because we are legislating for the school support staff negotiating body in the Employment Rights Bill, and we are creating a new system for support in 2025. Rather than try to amend the existing one, we are creating a new negotiating body for them. It makes sense that the outcomes from the new body will apply in same way to all state-funded schools in England. The primary legislation does not commit us to a one-size-fits-all approach, and so there will be flexibilities for local circumstance to be able to flex above minimum agreement. Again, there will also be a floor but no ceiling for school support staff. We will continue to work with the sector, during and after the passage of the Bill, to ensure that the school support staff negotiating body meets the needs of all school types. The shadow Minister’s intervention and focus on school support staff is absolutely welcome. In response to the specific question of why we need a separate order-making power, we have clarified the objective by tabling an amendment that requires all academy schools and alternative provision academies to pay their teachers at least the minimum level of pay set out in secondary legislation. Subsequent reforms to the schoolteachers’ pay and conditions document will ensure there is no ceiling on the maximum that maintained schools can pay for their teachers. The amendment will also require academies to have regard to the schoolteachers’ pay and conditions document, ensuring an established starting point for all state schools while giving confidence that existing or future changes benefiting teachers and pupils can continue. Maintained schools will continue to follow the schoolteachers’ pay and conditions document, but the Government are committed to making changes to the document following the Bill’s passage, to remove the ceiling and build in flexibility so that all schools can innovate to attract and retain the best talent. We absolutely want to ensure that the freedoms that academies have enjoyed will continue. Indeed, they will be extended to maintained schools. In terms of examples used, such as the nine-day week—

• 4 Feb 2025 · Children's Wellbeing and Schools Bill (Tenth sitting) · Hansard source

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  Absolutely. The hon. Lady has put it very well. I was going to come to the detail of how the RISE teams will work, as I appreciate some questions have been raised. Fundamentally it needs to be understood that RISE will be a very different service from previous education improvement services that have been referenced. There will be more days, more money and better quality, because RISE will draw on the very best available school improvement capacity within the region, much of which lies within our academy trust leaders themselves.

• 4 Feb 2025 · Children's Wellbeing and Schools Bill (Tenth sitting) · Hansard source

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  I note the spoiler for amendments to come. Question put and agreed to. Clause 46 accordingly ordered to stand part of the Bill. Clause 47 Co-operation between schools and local authorities Question proposed , That clause 47 stand part of the Bill.

• 4 Feb 2025 · Children's Wellbeing and Schools Bill (Tenth sitting) · Hansard source

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  Clause 42 will ensure that all mainstream and special state schools are subject to the same regulatory requirements and safeguards when directing pupils off site to improve their behaviour, creating a baseline between academies and maintained schools. Academy schools can already arrange off-site placements through their general powers, and in doing so they already follow the same guidance as maintained schools. However, technically there is inconsistency in the legal framework. Providing academies with the same explicit statutory power and equivalent limits and controls will strengthen the wider efforts to consistently safeguard all pupils and promote educational outcomes. It will also support consistency, scrutiny and transparency against misconduct or malpractice. In using the power, academies will be required to follow the same statutory requirements as maintained schools, as set out in existing guidance. These include notifying the local authority where a pupil has an education, health and care plan; setting out the objectives of the off-site placement and keeping it under review; and keeping parents fully informed to meet pupils’ needs. I therefore recommend that the clause stand part of the Bill. Question put and agreed to. Clause 42 accordingly ordered to stand part of the Bill. Clause 43 Academies: power to secure performance of proprietor’s duties etc

• 4 Feb 2025 · Children's Wellbeing and Schools Bill (Tenth sitting) · Hansard source

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  I have already responded to that point, both in my substantive comments and subsequent responses. I think we will have to agree to disagree. I urge the hon. Member to withdraw the amendment.

• 4 Feb 2025 · Children's Wellbeing and Schools Bill (Tenth sitting) · Hansard source

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  Let me be clear: I have not referred to any academy leaders or professionals in our education system as expressing views that are hysterical. I have referred to hon. Members, and I was very clear about that in my comments. I have seen far too much of that in this Committee—putting words into Members’ mouths. It is not respectful to the people we are here to represent and serve, who are working extremely hard in our school system and contributing constructively to this debate. We are open to feedback, which is why we have two consultations out on a number of the measures being considered as part of our reforms. We absolutely welcome feedback; we welcome challenge. Actually, the level of challenge reflects how important this is to the people who contribute to the discussion and debate. The hysteria I was talking about referred to hon. Members and their characterisation of some of the changes. For the sake of a reality check, let me just say that in 2022—Members should note these statistics—of primary schools in multi-academy trusts, 64% were good and 15% were outstanding; in single-academy trusts, 67% were good and 27% were outstanding; and in maintained schools, 76% were good and 16% were outstanding. There is no difference for children’s outcomes depending on the school’s status. This is not about academies versus maintained schools or anything like it; it is about making sure that we have a framework that serves every child and that every child has a core offer as part of their education. To treat it like some sort of terrible, terrifying prospect is a mischaracterisation of the reality of both the school system and the changes we are looking to make.

• 4 Feb 2025 · Children's Wellbeing and Schools Bill (Tenth sitting) · Hansard source

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  Will the hon. Gentleman give way and I will clarify?

• 4 Feb 2025 · Children's Wellbeing and Schools Bill (Tenth sitting) · Hansard source

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  I am extremely grateful for your flexibility on this matter, Sir Christopher. I have a very short contribution to make on clause 46. It is a minor technical change that sensibly tidies up legal provision that is no longer necessary. The clause repeals section 128 of the Education Act 2002. That section enabled maintained schools in education action zones to apply to determine their own pay and conditions for teachers. However, as education action zones have not existed since 2005, the most appropriate action is to repeal section 128 of that Act entirely. Although the legislation to create new education action zones remains in place, the effect of the clause is negligible given that no education action zones currently exist. If any new ones were subsequently created, as a result of this clause they would no longer be able to opt out of the statutory pay and conditions framework, which is entirely consistent with the Government’s new approach to teachers’ pay.

• 4 Feb 2025 · Children's Wellbeing and Schools Bill (Tenth sitting) · Hansard source

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  We greatly value the role of trusts in the school system. Indeed, we recognise the improvements they have brought, particularly for disadvantaged children. We recognise the excellence and innovation seen right across our schools and trusts. As I said earlier, we also recognise that a lot of the capacity to drive improvement across the system exists within those academy trusts, and we will harness that. Without single headline grades, Ofsted will continue to identify those schools that require significant improvement or are in special measures and it will be able to make judgments to inform the level of support that should be given. If a school in special measures does not have the leadership capacity to improve, the proposal subject to consultation is that it should be immediately moved towards academisation. Where a school does have the leadership capacity to improve, for the next year, while we are building up the capacity of the RISE teams—as I said, 20 began work yesterday, but we recognise we are not up to full capacity yet—it will be issued with an academy order. However, once we have the RISE teams to go in and support the leadership team to drive improvements within those schools, we will put in that support, rather than going straight to an academy order.

• 4 Feb 2025 · Children's Wellbeing and Schools Bill (Tenth sitting) · Hansard source

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  The hon. Lady asked me a question.

• 4 Feb 2025 · Children's Wellbeing and Schools Bill (Tenth sitting) · Hansard source

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  To be clear, we have identified the 600 schools that require RISE intervention, and that will be mandated—

• 4 Feb 2025 · Children's Wellbeing and Schools Bill (Tenth sitting) · Hansard source

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  Amendment 80 would retain the existing duty to issue an academy order where a school is judged to be in a category of concern by Ofsted. However, it provides an exemption to the duty in cases where the Secretary of State is unable to identify a suitable sponsor trust for the school. Amendment 81 would not alter the repeal of the existing duty to issue academy orders to schools in a statutory category of concern; it would replace it with a duty to issue an academy order to schools assessed as requiring significant improvement or assessed by a RISE team to be significantly underperforming in comparison with their peers. Where a school is judged as requiring special measures, the Secretary of State would have a choice as to whether to issue an academy order, to deploy a RISE team or to use another intervention measure. The amendments acknowledge the spirit of our proposal, which is to repeal the duty to issue academy orders and so to provide more flexibility to take the best course of action for each school. We recognise that in some cases the existing leadership of a failing school is strong and, with the right support, has the capacity to improve the school. Repealing the duty to issue an academy order means that in such cases we will have the flexibility to provide targeted support to schools, for example through RISE teams, to drive school improvement without the need to change the school’s leadership. I acknowledge the spirit of amendments 80 and 81 and the support for greater flexibility, but they would undermine the objective of enabling greater flexibility when intervening in failing schools. I therefore ask the hon. Members not to press them.

• 4 Feb 2025 · Children's Wellbeing and Schools Bill (Tenth sitting) · Hansard source

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  We recognise the valuable contribution of UTCs in providing a distinctive technical education curriculum. However, we want to ensure that all children have access to a quality core curriculum. The curriculum and assessment review is helping us to make sure we have a broad, enriching curriculum from which every child can benefit. Once it is complete, we will work with UTCs to provide any support they need to implement the changes, because we recognise their particular offer.

• 4 Feb 2025 · Children's Wellbeing and Schools Bill (Tenth sitting) · Hansard source

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  The right hon. Gentleman asks about a very specific example. I am happy to take it away. The issue of complaints is generally important. The Department is looking at where accountability and responsibility lies and how to make clear for parents where they can best direct their concerns. It is an important issue and one we are taking away. In terms of the implementation of this power, I cannot see a significant impact, given that the provision is intended to create a much more reasonable approach when it comes to academies that are not fulfilling their legal duties. Currently the only options available are significant and disproportionate in many cases, and action might be required to deal with the case of a trust not complying with its legal obligations.

• 4 Feb 2025 · Children's Wellbeing and Schools Bill (Tenth sitting) · Hansard source

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  Is the hon. Gentleman suggesting that I should be predicting which schools go into special measures and which have an Ofsted outcome that requires significant improvement?

• 4 Feb 2025 · Children's Wellbeing and Schools Bill (Tenth sitting) · Hansard source

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  The right hon. Member for East Hampshire made a very interesting speech. As far as I could tell, it was not all entirely relevant to the clause, but it was an interesting description of a national curriculum and its purpose and core. Fundamentally, we want every child to have that basic core of rich knowledge and experience. Even if their school has a technical or other specialism, we still want them to have that curriculum. It is incumbent on us as a Government to create a curriculum and assessment framework that can accommodate variations, flexibility and innovation within the system. We will work with UTCs to ensure that the curriculum can be applied in their context. This brings me to the question from the hon. Member for Harborough, Oadby and Wigston about costs. As we plan the implementation of the curriculum, we will work with trusts and schools to consider what support they might need to implement the changes. That is my response to his question.

• 4 Feb 2025 · Children's Wellbeing and Schools Bill (Tenth sitting) · Hansard source

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  Clause 47 creates a new co-operation duty for schools and local authorities. It aims to strengthen how schools and local authorities work together on school admissions and place planning. Collaboration and co-operation on these issues is vital to ensuring that all children, especially the most vulnerable, can receive a school education. The clause places a duty on mainstream state schools and local authorities to co-operate with each other regarding their respective school admissions functions. It also places a duty on mainstream, special and alternative provision state schools to co-operate with local authorities regarding their place-planning functions. For the admissions and place-planning system to function effectively, co-operation between schools and local authorities is essential. For example, local authorities need to regularly engage with local schools to produce and deliver proposals for ensuring that there are sufficient school places. That process normally works well and we know that the vast majority of schools and local authorities already work together effectively to ensure that there is sufficient supply of school places and that local admission systems are working to support parent choice and allowing children to achieve and thrive. However, until now there has been no general duty on schools and local authorities to co-operate on these important issues. In some instances, that has led to some schools and local authorities acting unilaterally or unhelpfully in regard to admissions or local place planning, without recognising the impact of their decisions on local communities. These new duties will send a strong message to schools and local authorities about the importance of co-operation on school admissions and place planning. As a result, we expect that schools and local authorities will seek to act more collaboratively on these issues, for example, sharing information in a timely manner and ensuring that they are working together in the best interests of the local community. The absence of specific duties on co-operation also means that there are limited options available for the Secretary of State to intervene where a school or local authority is refusing to co-operate on these issues. Formalising a need to co-operate as a statutory duty will provide a mechanism to address such a situation. Where a school or local authority is failing or refusing to co-operate, the Secretary of State will be able to use her existing and planned enforcement powers to intervene, for example by considering directing the party at fault to take specific steps to comply with their co-operation duty.

• 4 Feb 2025 · Children's Wellbeing and Schools Bill (Tenth sitting) · Hansard source

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  I thank my hon. Friend for that clarification, and I agree; there has been far too much of that in this Committee.

• 4 Feb 2025 · Children's Wellbeing and Schools Bill (Tenth sitting) · Hansard source

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  I will get on to answering the hon. Gentleman’s question, if he would like me to. He can ask it again or ask another one.

• 4 Feb 2025 · Children's Wellbeing and Schools Bill (Tenth sitting) · Hansard source

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  I will speak about amendment 47, new clause 7, Government amendment 93, new clause 57, new schedule 1 and clause 26. On amendment 47, I am grateful to the hon. Member for Twickenham for her considered and constructive views on our teachers’ pay and conditions measures. I hope she will agree that, in tabling our own amendments—of which I will give more details shortly, and respond to her specific question—the Government have demonstrated a commitment to ensuring that schools can innovate and share best practice to recruit and retain the teachers our children need. I absolutely appreciate what the hon. Lady is trying to achieve with the amendment. However, if it will satisfy her, our amendment will do two key things. First, it will create a power for the Secretary of State to require teachers in academy schools and alternative provision academies to be paid at least a minimum level of remuneration. When used with the existing power to set pay for teachers in maintained schools, that will enable the Secretary of State to set a floor on pay for all teachers in all state schools. I think that addresses the key effect that the hon. Lady’s amendment seeks to achieve. Secondly, our amendment will require academies to have regard to the schoolteachers’ pay and conditions document and guidance. That makes clear that we will deliver on our commitment to creating a floor with no ceiling on teachers’ pay, and we remain committed to consulting on changes to the school teachers’ pay and conditions document to remove the ceiling and allow all schools to innovate and attract the top teaching talent that they need. On new clause 7, which the hon. Member for Harborough, Oadby and Wigston tabled, I appreciate his concern. I think we have reached a level of agreement—I do not think there is strong disagreement on the need for clarity for academies or the principle of equivalence between academies and maintained schools on teacher pay and conditions. That is why we have introduced our own amendments to this clause that will, for the first time, allow the Secretary of State to guarantee core pay arrangements for all state school teachers. Our understanding of new clause 7 is that it seeks to achieve a similar outcome to our Government amendments. However, the Government’s amendment on this matter achieves what the hon. Member’s amendment seeks to achieve and more, with greater clarity and precision. It clarifies those academies and teachers who should be in scope, and importantly, retains the Secretary of State’s power to set a flexible framework for maintained schools, giving them the certainty that they want. It also takes into account the important, considered and constructive views of the teaching profession and other stakeholders, without undermining the independent pay review process that we know schools, teachers and stakeholders value. The Government have listened and acted decisively on this matter, and I urge hon. Members not to press their amendments. The Government amendments seek to replace clause 45 and detail the Government’s proposed approach to teachers’ pay and conditions. Let me say from the outset that the Government’s objectives on pay and conditions have not changed. As the Secretary of State set out clearly at the Education Committee meeting, we will create a floor with no ceiling by providing a core pay offer for teachers in state schools and enabling innovation to help all schools attract the top teaching talent they need. Those amendments will provide additional clarity about how we will deliver that. The existing clause 45 will be replaced by new clause 57 and new schedule 1, which introduces a new accompanying schedule to the clause. Amendment 93 deals with the commencement of the new clause and the schedule. The Opposition made a great deal of noise about our plans for teacher pay and conditions, claiming that we wanted to restrict academy freedoms and that our secret intention was actually to cut teachers’ pay. All of it was nonsense. Our rationale for why we need these changes has always been clear. We know that what makes the biggest difference to a young person’s education is high-quality teaching. We greatly value the role that trusts play in the school system, particularly for disadvantaged children—they have transformed schools, and we want them to continue to drive high and rising standards for all pupils. But there are severe shortages of qualified teachers across the country. Our teachers are integral to driving high and rising standards, and having an attractive pay and conditions framework is vital to recruiting and retaining excellent teachers for every classroom.

• 4 Feb 2025 · Children's Wellbeing and Schools Bill (Tenth sitting) · Hansard source

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  In response to both Opposition Front-Bench spokespersons, we have deliberately not attempted to set out precisely what co-operation means, because it will depend on unique local context and issues. We expect, however, co-operation to include local authorities engaging collaboratively and constructively with schools, and academy trusts producing proposals for ensuring sufficient school places and how to reduce and repurpose spare capacity, which the hon. Member for Twickenham rightly identified as a challenge. We also expect local authorities to share their place-planning strategy with academy trusts and other local partners, and be transparent about underpinning capacity and forecast data, as well as the rationale for targeting schools for expansion or contraction. We expect schools and trusts to work collaboratively and constructively with local authorities, other academy trusts and the Department, on place-planning matters; act reasonably when considering or responding to requests to raise or lower published admission numbers; expand or contract where necessary; and be transparent with local authorities and the regions group about issues affecting their ability to deliver places and about any significant changes that they are planning. I hope that addresses the concerns. My hon. Friend the Member for Derby North asked a question about 14 to 16 provision. Where that is in an academy trust within a local authority area, the same co-operation duties apply. She is absolutely right that moments of transition are another key factor, and they have been regularly identified as a challenge for young people. They can be a real opportunity for young people but can also be challenging. We must create seamless transitions for young people. I will take away the consideration that the duty could form part of the solution to ensuring smooth transitions, particularly by ensuring that we have the provision for the age cohort she referred to. I trust that I have answered the questions raised. Question put and agreed to. Clause 47 accordingly ordered to stand part of the Bill.

• 4 Feb 2025 · Children's Wellbeing and Schools Bill (Tenth sitting) · Hansard source

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  Could I just respond to my hon. Friend’s point? I think the fundamental point he is making is that an obsession with the structure of a school is a distraction from the importance of ensuring the quality and outcomes experienced by the children within it. That is why this Government are focused on ensuring that every school has the fundamentals to provide that opportunity for children, whether that is having qualified teachers in the classroom or a curriculum and assessment framework that sets every child up to thrive. We are focused on ensuring that teachers have a fair pay framework, which we will get on to, and that there is consistency across the board, so that every school in every local community can co-operate—we will also get on to that—to ensure that children in that area, regardless of their background and needs, have the opportunity to thrive and achieve as part of their education. Question put and agreed to. Clause 41 accordingly ordered to stand part of the Bill. Clause 42 Academy schools: educational provision for improving behaviour Question proposed, That the clause stand part of the Bill.