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Mr. St. Aubyn: I share my hon. Friends' concern. For some time, we have suspected that Ministers have a hidden agenda to reduce the number of sixth forms in secondary schools. Ministers believe that sixth forms cost too much and give some schools an advantage over others, despite the fact that when the Select Committee on Education and Employment considered the issue a couple of years ago, it found that there was very little difference in funding for sixth forms in schools and those in colleges.

My concern about the two lines identified in the amendment, on which my hon. Friends have not touched, is that the scope of a school's sixth form may be reduced to those subjects in which the head teacher and governors are absolutely confident that performance and delivery are

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beyond question. As a result, the variety of courses that A-level students seek might be denied them, not because the school wants to restrict their choice, but because it fears that the quality of provision in certain subjects might not quite pass muster when the inspector comes to call; and that, because of that single failing in that single subject, the future of the whole sixth form in that school will be jeopardised. That will be the effect of the schedule as drafted.

The definition encompasses not courses but "activities". One of the activities undertaken by school sixth forms is the provision of advice on university admissions. From the views expressed by Ministers in recent weeks, we know that they think that sixth forms throughout the country are failing their students in terms of the advice they give them on access to university. Tony Higgins, chief executive of UCAS, was quoted in The Independent earlier this week as saying that


I agree. One of the reasons may be that those pupils are not getting the right advice from their schools. The solution is not to close down the sixth forms, but to bolster them.

As a result of the provision, the curriculum that those sixth forms offer will become even narrower in future, and many of them will fear that, because of their weakness in that respect, they are at risk of being closed down across the board. On such flimsy grounds, the Government could come in and reorganise sixth form provision in many parts of the country.

12.30 am

Mr. Bruce: My hon. Friend reminds me that the Government say that sixth forms must take pupils over 16 from lower socio-economic groups and get them through A-level. Even a brilliant sixth form where all the pupils were doing well could still be classed as inadequate because pupils were not staying on. The sixth form would therefore be failing in an activity that the Government expected it to undertake.

Mr. St. Aubyn: My hon. Friend touches on the reason why the word "activities", which is ill defined, is so wrong. It is surely up to the governors, the head teacher and the parents to decide what sort of school they want. We believe that it is their choice. It is not for some Government Minister to go round the country ticking one box and crossing another, deciding which schools are allowed to survive and which schools he or she will close down.

Mr. Desmond Swayne (New Forest, West): When I raised the matter on Second Reading, my remarks were greeted with derision on the Government Benches. I drew to the attention of the House the importance of sixth forms in providing sixth-formers with an opportunity to exercise administrative responsibility over their juniors, and the benefits of that to sixth-formers. That was regarded by Labour Members as so unfashionable as to be derisory.

In my capacity as a Territorial Army officer responsible for the recruitment of further officers, it is my experience that pupils who have had this opportunity and responsibility often stand head and shoulders above their peers who have not had the same responsibility. That is

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an important function of sixth forms. To what extent does the ability to offer sixth-formers the opportunity to exercise administrative responsibilities over the rest of the school feature in the Minister's definition of adequacy?

The Parliamentary Under-Secretary of State for Education and Employment (Mr. Michael Wills): I am glad that the Opposition share our objective that every student should receive an acceptable standard of education. However, most of what I have heard has been an alarmist attempt to whip up fears--I know that the hon. Member for Maidenhead (Mrs. May) will be fascinated by what I am saying--about an agenda that does not exist.

I shall immediately answer the question asked by the hon. Member for Hertsmere (Mr. Clappison). The definition of "inadequate" is consistent with the statutory definitions of schools requiring special measures and schools with serious weaknesses. A sixth form or an LEA-maintained 16-to-19 institution will be found inadequate if it is failing or likely to fail to give its pupils an acceptable standard of education, or if it has significant weaknesses in one or more areas of its activities for pupils.

That judgment will be made on the basis only of the quality of education that a school provides for its sixth form pupils. We will work with the chief inspector to develop detailed criteria that take account of the common post-16 inspection framework. Those criteria will be published.

For serious weaknesses to be identified in a whole-school inspection report can have equally serious consequences for a school. As with the judgment that a school requires special measures, a judgment of serious weaknesses will trigger the LEA's powers to intervene by appointing additional governors and suspending delegation of the school's budget. If the necessary improvements are not then made, the school is likely to be judged as requiring special measures at its next inspection, which would trigger the Secretary of State's powers to direct that the school be closed.

Mr. Ian Bruce rose--

Mr. Wills: I shall not give way, because I want to make progress and I am absolutely confident that when the Opposition have heard the power of my arguments they will feel impelled to withdraw their amendment.

We resist the amendment because it would narrow the definition of "inadequate" to sixth forms that are failing. But removing the possibility of closure for sixth forms with serious weaknesses would not be in the interests of students. They should be assured of high-quality provision wherever they choose to learn. Let us be clear in this respect: serious weaknesses are just what they say, not just minor problems about which anyone can afford to be complacent.

We shall also resist the amendment because it would cut across the careful way in which we are providing in the Bill for consistent inspection arrangements across post-16 learning, with similar standards applied to schools and colleges. If those arrangements are to be successful in encouraging improvements, rigorous follow-up arrangements must be in place; and where any provider of post-16 education is not meeting the standards that students have a right to expect, it must make the necessary

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improvements or face the possible consequences. The Bill therefore contains provisions for the LSC and the CETW to intervene in colleges where students are not being offered the quality of education to which they are entitled. It is therefore entirely right that the councils should have parallel powers where 16 to 19 provision in schools is not of adequate quality.

Schools will not be left to struggle alone with the vital task of improvement. Local education authorities have a responsibility to help schools draw up and implement their post-inspection action plans, and, where appropriate, diocesan bodies should also provide support. These proposals are about safeguarding high quality. As we have made consistently clear in Committee and again tonight, we have no agenda for removing sixth forms and reducing choice for 16 to 19-year-olds. The hon. Member for Maidenhead keeps bringing up this subject. I hope that she is listening to what I am saying.

Many sixth forms are achieving high standards and excellent examination results, and we want more of them. We have made it very clear that schools that are providing high-quality education for their sixth form pupils have nothing to fear from the proposals in schedule 7, and it would not be right for sixth forms with serious weaknesses to be in that same secure position. As I have already set out, they will have three important safeguards.

Mrs. May rose--

Mr. Wills: I will not give way, because the hon. Lady will be persuaded by the time I finish.

Sixth forms with serious weaknesses will be allowed a reasonable time to put things right after a first adverse inspection report. The crucial judgments about quality will be made by independent inspectors; and, finally, the statutory decision-making process will enable all the relevant issues to be fully aired.

We have made it consistently clear that our aim is that all post-16 provision will be of high quality. Our proposals for inadequate sixth forms are consistent with that aim, and with the principle that intervention should be in inverse proportion to success. I hope that the hon. Member for Hertsmere will therefore be persuaded to withdraw the amendment.

Mr. Clappison: I am afraid that the situation remains as unsatisfactory as it was before the Minister spoke. He referred throughout to "serious weaknesses". I respectfully draw his attention to the fact that that is not the terminology used in paragraph (2)(b), which refers to "significant weaknesses".

The Minister was not able to give us an example of what a serious weakness might be. He said that serious weaknesses meant serious weaknesses, but could not give us a single example of a serious weakness that fell outside subparagraph (a) but came within subparagraph (b). It is no use the Minister's saying that it is related to education provision, because if it were it would fall under subparagraph (a), which concerns giving an acceptable standard of education. Nor did the Minister answer the point quite properly made by my hon. Friend the Member for Guildford (Mr. St. Aubyn) that subparagraph (b) refers

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not only to school lessons or the curriculum but to activities, which makes it much broader and widens the scope for finding that a school has a significant weakness.


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