Select Committee on Education and Skills Minutes of Evidence


Examination of Witnesses (Questions 1-19)

MR DAVID NORMINGTON, DR RUTH THOMPSON AND MR STEPHEN CROWNE

25 JUNE 2003

  Q1  Chairman: Can I welcome you to our deliberations. It is some time since we saw you, and I am sure you are quite pleased about that. This is the annual meeting that we have with officials in the Department. I think it is the second time you have fulfilled this role. Can I welcome you and say that I think it is an improved system, where we give you a much better indication of what we are going to focus on during this hearing. It came out of a very good discourse we had with your predecessor, Sir Michael Bichard, and we agreed that that would be a more effective use of our time and yours. This has been a pretty turbulent time for the Department, and one would have thought, if you had been a private sector company, your Chairman might be saying to you, if you were the Chief Executive, David, that you might want to consider your position. Word on the street was that ministers—and this Committee normally believes very much in ministerial responsibility—were not very well informed about the knock-on effects, the implications, of the changes to school funding this year. They are quite serious allegations that ministers were not given the fullest information they could have had. How do you react to that allegation?

  Mr Normington: I think we tried to do all the usual work you do in what is a very turbulent period in school funding, and I think we provided a lot of that advice to ministers. Neither we nor ministers believed that it would have this impact on some schools. I actually think the work we did in the Department and provided to ministers was very good work, but in the end, we did not get right the very wide impact on schools, the very different impact on different schools, even in the same area. Ministers themselves must speak as to whether they had the best advice or not. I think we did a good job, but at the final point, we did not believe it would have the impact that it did, so there were mistakes.

  Q2  Chairman: With great respect, you say you did a good job. I was very impressed by the memorandum that you sent us, and on page 25 I find this almost breathtakingly frank answer to the letter that we sent you: "Reasons for problems in 2003-04".[4] When you wrote this, presumably this was not the sort of information that you had to hand for ministers during the period when the problems started to arise. This is all hindsight.

  Mr Normington: Some of it is hindsight, because we did not know, as I have admitted, precisely what the effects would be on individual schools. It was very difficult to model that, but at the beginning of this process, we did have a very good fix on how the changes we were making to the local authority funding formula would impact differentially on local authorities. We did have that, and the evidence of that is, of course, that we put in floors and ceilings, so that the effect was not as extreme as it would otherwise have been. Secondly, we did know very well what the costs that schools were facing would be, and we were able to model that. We also knew that some standards fund grants were ending and some standards fund grants were being transferred into the local authority settlement. What we were not able to do was to model the total impact of that on every school, because, as the memorandum says, there are decisions being taken at each level—some by us, some by local authorities, some by schools—which makes it virtually impossible for us to model what the impact will be on every individual school. We did not believe that the impact on individual schools would be as different across the piece as it has been. Some are big gainers, and some are losers, and of course, we have been hearing from the losers, who have real problems. It was that bit of it, the modelling of the impact on schools, that we were not able to do, so we were not able to provide that to ministers. Overall, in the national settlement, we believed there was enough money to cover all the demands, but of course, as it spreads out, as the memorandum shows, the differential impact, first on local authorities and then on schools, was very wide.

  Q3  Chairman: Are you saying you did model but not well, or you did not model at all, or it was impossible to model?

  Mr Normington: We did model the impact on local authorities. What we were not able to do was to model the impact on individual schools, because the decisions on how to allocate money to schools are taken at local authority level.

  Q4  Chairman: At the moment we constantly hear that the Government does not trust local education authorities a great deal, and there is this increasing determination from where we sit that the Department has to directly fund schools more closely, but here you are admitting that it is very, very difficult to do, which is the simple allocation, or the complex allocation of school finance directly to thousands of schools.

  Mr Normington: No, I am saying that in the present system local authorities have a great deal of discretion in how to allocate money to schools. Each of them has a local funding formula, and under that formula they decide how the money should be allocated. They also decide themselves whether to put the amount of money that we think should go into schools into schools, and what to put in from the Council Tax. So there is quite a lot of local discretion in the system. I am saying that in that system, it is inevitable, since we do not fund schools directly, that we will not be able to model the impact of the present system on every school.

  Q5  Ms Munn: On that point specifically, my Director of Education in Sheffield told me that he  was concerned at the outset of the likely implications, particularly of the standards fund changes, and he actually offered to model the changes school by school from within Sheffield to the Department. That was not taken up. We were also told by the LGA last week that they offered to model. Why were those offers not taken up? That would have given, at least in one authority, an idea of the kind of impact there might have been.

  Mr Normington: I did not know about the Sheffield case. I do not know who made that offer. To begin with, we did not think it was going to have this effect, and by the sound of it, we should have taken up that offer because it would have given us earlier information. I did not know that it had been made.

  Q6  Ms Munn: That is not something you have routinely done before?

  Mr Normington: We do work very closely with local education authorities, contrary to the popular view, and we are still working with them now, but there are 150 of them, and it is the local authority's responsibility to decide how much money to put into education, and to decide how to allocate that to schools. That is the system we have.

  Q7  Ms Munn: What you have just said was that it was impossible for you on your own, which I accept, to model what was going to happen to individual schools. So you are saying one of two things: that you do not think it is your responsibility to do that because it is up to the local education authorities, or that you did not know that you could have done that, and it would have been a good idea to do that, certainly in hindsight, because we know that what has happened has not been good.

  Mr Normington: With hindsight, we could have done with a lot more information from local authorities about what the impact would be. I accept that. I have to say that most local authorities would not have been able to tell us what the impact was going to be until very late in the process, probably into the financial year. Even now, some local authorities have not allocated all the money to schools that is available, and are still trying to deal with the problems of individual schools. So this process of allocating budgets locally goes on through the end of the financial year into the new financial year. Before somebody says this to me, that is partly because the settlement came through to local authorities very late, and that is something we have to deal with too. One of the problems with the whole system is it is very late. We do not get the school teachers' pay settlement until very late, and that has to be modelled into this equation as well. It would be desirable if we could get to a position where we had longer term settlements and we could have the information about the costs earlier.

  Q8  Chairman: There are some very good, gold-plated excuses coming out here. I want to take you back to what you said just now. You said in answer to Meg Munn that it is up to local education authorities to make decisions. In Essex and Barnet, what you decided left them with no money for anything else. Barnet and Essex found themselves in the position of being expected to passport more additional resources to education than their overall formula grant increase. Are you telling me that in only 150 local education authorities no-one in the Department of Education could see the horrendous effect on two major authorities?

  Mr Normington: With local authorities where there are those effects, we do have discussions, and if we did not, they would be straight on to us. Barnet is an authority we have had a lot of discussion with over this period, because they are in a particular difficulty, as are their schools. So yes, we are talking to local authorities that are in a particular position, and we particularly talk to those where the impact of what we were saying nationally was having a particular effect in the local authority area. Barnet is one, but there are others. Essex is one too.

  Q9  Chairman: There are others?

  Mr Normington: There are some others.

  Q10  Mr Turner: Can we go back a step? As I recall, the SSA was defined as the level of spending which is required to produce a standard level of service. What is the equivalent definition of FSS?

  Mr Normington: I am not sure I know. The formula is based on a number of things. It is based on the number of pupils. It is based on the assessment of what extra it costs to educate a pupil in an area of deprivation, and it takes into account other cost factors, often to do with the differential costs of employing teachers. It has not changed fundamentally. We are still trying to get to a position of what it costs to educate a pupil in a deprived area, or in an area where there are additional costs, perhaps because it is a rural area or it is in London and the South East, where teachers' pay is higher.

  Q11  Mr Turner: Your Department's view is that it is a formula which is calculated to reflect the needs of a particular area?

  Mr Normington: Broadly, yes, although in the work that was done we did not carry through into the final settlement every element of need that was identified by PriceWaterhouse Coopers. That would have made it impossible. Its impact would have been too different.

  Q12  Mr Turner: Does the ODPM share that definition?

  Mr Normington: It was worked out with their involvement, so I think so.

  Q13  Mr Turner: You say the process involved local education authorities. Was it legally possible, or certainly practicable, for a local education authority to amend its funding formula between the point at which there was a reasonable indication of the availability of resource and the point at which they had to provide budgets for schools?

  Mr Normington: I think the time issue meant that it was probably not practicable.

  Mr Crowne: The position in most authorities is that a fundamental change to the local distribution formula would have required an extensive period of consultation, but a lot of formulae give the local authority the ability to deal with unforeseen circumstances, and there are contingency arrangements. In fact, what we have seen over the last couple of months is local authorities, working very hard in partnership with their schools, to use the flexibility already within the system. Clearly, as we look forward to next year, we have to ensure that there is the right balance of flexibility and clarity in those formulae to make the whole system more predictable and reduce the amount of turbulence.

  Q14  Mr Turner: So when you say you are not able to model the total impact because decisions are taken at different levels, in practice, you could have known what the funding formula was for each local education authority at the time when the modelling was undertaken.

  Mr Normington: Yes, but it does not tell you how the money is going to be distributed to schools.

  Mr Crowne: A lot of the operation of a local formula depends on local data about pupil numbers, distribution of children with special educational needs and free school meals, and that is information that is collected in real time as we go through the year, and it is not possible for us to have that data in advance to work through the implications for every school. A lot of that information is collected in January and the following months.

  Q15  Mr Turner: You have both mentioned the timing. What sort of timing would have been required to ensure that schools did not go through the turbulence and crises and concern about threats of redundancies and so on that have emerged since 1 April?

  Mr Normington: They need to know sooner. They need to know in the autumn. There is quite a long budget-setting process, as you know, in local authorities, which will often go on right through to March, so ideally, they would need to know from us before Christmas and earlier if possible.

  Q16  Mr Turner: Have you never tried to tweak the system so that this information becomes available?

  Mr Normington: We have tried to provide the information earlier. I do not know precisely when, but it was very late this year. I say again, of course, some of the cost pressures also came through very late, like the teachers' pay settlement; we do not get that until the end of January, and that is a major factor in school budgets. I think we would like to move to a position where there were longer term pay settlements so that if possible, there was more certainty about cost questions. We could do with moving the whole system forward to earlier in the year.

  Q17  Ms Munn: Given that you knew that there were going to be these changes, and you said earlier that you work closely with local education authorities, how much advice was given about the fact that there were going to be these sort of changes and that there were going to be quite significant impacts?

  Mr Normington: The basic change to the way in which local authorities' funding was distributed was  worked out with a lot of local authority involvement. It is quite an open process, and there was a lot of joint working with them. Of course, a lot of the discussion was about the impact. There were lots of different models done. Lots of impacts were modelled on local authorities. There were lots of discussions about that, but it was all particularly about the impact of the distribution system at the local authority level. We had said that we were going to end some of the central grants in the standards fund, which is a general principle a lot of people approve of, because there are too many funding streams. If you wanted to look at one reason why some schools were particularly badly hit, it is because of the ending of those grants, which were distributed in a completely different way from the normal local authority formula. Although everybody knew that that was happening, we were not able to model the impact of that on top of the changes we were making to the local authority settlement. We still have this. When you hear particular schools saying they are in difficulties, it is often because of the impact of the loss of grant on top of other things. We are still working with some local authorities on that issue, and some local authorities are trying to mitigate the impact of that with our support.

  Q18  Ms Munn: That is certainly the case in my own authority. What I am interested in getting a bit clearer is not just your working relationship with local education authorities, which you have described to us, but the relationship in terms of the expectation about how directive the DfES is about money. There is the whole issue of passporting, and also, how much involvement in terms of direction or guidance or advice does the DfES give to local education authorities? What are the expectations about how they go about constructing their own formulae for distribution in the local areas?

  Mr Normington: Stephen may want to add some detail to this. There are two things. One is that we do put strong encouragement into the system that the money we think should be spent on education is passported to education. Successive Secretaries of State have put a lot of effort into that, and we do have now a fallback legal power to enable us to intervene if we think the school budget has been set too low. We did not use that in the end, but we did consider using it in two cases. In that sense, there is a lot of emphasis on saying the money for education should be spent on education. We do also, of course, set some basic rules about the nature of the local formula, particularly about its relationship to the number of pupils. In that sense, we are setting the framework.

  Mr Crowne: The principles of fair funding are clearly laid out and have been agreed with the local authority partners. There is a good deal of flexibility available to local authorities as to how the formula operates, and that is quite deliberate, because it is a recognition that local circumstances vary, and there should be the opportunity to configure these arrangements to those local circumstances.

  Mr Normington: Another thing we have done over recent years is try to reduce the amount spent on administration by setting levels by which we wanted central administration costs reduced. I think local authorities would say we have been quite directive in some areas.

  Q19  Ms Munn: Do you think that the whole idea of looking at it from a national perspective is too broad-brush to take account of local employment costs? I am thinking that schools now are much more entities which employ all sorts of professionals, not just teachers; teachers were always seen as being the bulk of that, but with workforce remodelling, we are seeing an increasing number of other people coming in, and their pay rates will be much more variable than the teachers' rate. Do you think it is too broad-brush to reflect those differences?

  Mr Normington: It is difficult to get a national formula which reflects all those different local factors. It is true, particularly in support staff, that although there is a national agreement, pay rates vary locally quite a lot. That is the schools' flexibility, or lack of it, depending on what their employment costs are. We have tried, in the work we did to develop the most recent formula, to get a better basis for estimating staff costs, and they are reflected in the formula, but by definition, the national formula has to be moderated somewhere, because if it is not, it will not apply to every school and to every local authority. It cannot.


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