Joint Committee on the Draft Charities Bill Minutes of Evidence


Examination of Witnesses (Questions 480 - 499)

WEDNESDAY 30 JUNE 2004

DR MARTIN STEPHEN, DR ANTHONY SELDON, SIR EWAN HARPER, MR JONATHAN SHEPHARD AND MR JACK JONES

  Q480  Mr Foulkes: You keep writing your biographies and I will ask the questions!

  Dr Seldon: Assuming that you do not, I just wonder why my parents should subsidise you when the majority of my parents are not earning your annual salary.

  Q481  Mr Foulkes: Well, I will leave you to wonder that.

  Dr Seldon: It is a very pertinent question.

  Q482  Mr Foulkes: Can I just deal with Dr Stephens' question first of all. Before I was a Member of Parliament, I was a Governor of Fettes College, of the Merchant Company Schools in Edinburgh and of George Heriot School and I visited them on a number of occasions, so maybe I know a little bit more about them than you realise. Can I ask you again: do you not think that private schools, which on the whole offer privileged education to people who are already privileged, being described as charities is somewhat anomalous?

  Dr Stephen: I cannot agree with you because I do not agree with the terms you are using. I do not think the institution I operate operates a privileged education. I think it offers an excellent one, recognised as a world leader, and that is something which I take great pride in, but privileged, no. It happens to be excellent. As to the people it is offering it to, I have given over, as have a number of other people, most evenings and all weekends to making sure that any child can gain a place at that school regardless of race, colour, creed or the social or economic background of their parents, and that is at the front of our prospectus. If that is privileged, it is redefining the word.

  Q483  Mr Mitchell: I want to ask a specific question relating to the figures to Jonathan Shephard, but just following Martin Stephen's comments, I have read the annex to the ISC's evidence about the Manchester schools and the variety and difference of what the Manchester schools provide, and I think it is probably available on our website. I think it is extremely moving and I would like to congratulate all of those involved in providing the outstanding opportunities for disadvantaged children which is so clear from the evidence which you have provided. On the point about the £88 million which I think is in the context of a framework, Martin Stephen's opening remarks about the benefits which charitable status, the wider benefits for a community, confers, you have been asked by the Chairman whether you will update those figures. Can you at the same time update the other figures which you gave us in point 11 of your evidence where you said that the saving to the public purse from the existence of these schools is £1.98 billion, nearly £2 billion, and can you also advise us whether it still remains 22½ times the value of the fiscal benefits of charitable status?

  Mr Shephard: The £1.98 billion figure does not need updating. It is based on two sources, one of which is the Chancellor's Budget Statement earlier this year and one of which is a speech from the Prime Minister and they gave the same figure.

  Chairman: Extremely reliable sources—unimpeachable, perhaps!

  Q484  Baroness McIntosh of Hudnall: Can I just go back to the question of the people who have been educated in the independent sector. I wondered if you could give us your view, and if you have any evidence to back it up, we would also be interested to hear it, about what are the principal reasons why people choose the independent sector for their children where they have the choice.

  Mr Shephard: There is survey information that there is a variety of reasons. On the whole, they just want a good education for their children.

  Q485  Baroness McIntosh of Hudnall: I think they have that in common with most parents, would you not say?

  Mr Shephard: Yes, but I think half of the parents of children in ISC schools did not go to independent schools themselves. If I can speak as a parent, I did not go to an independent school, but I went to a maintained school all the way through. I have three children and they have all at different times been in the maintained and independent sectors and we choose the school for the child which will suit the child best. They are still children. Can I make the point that the half a million children we are educating are children and they need education. It would be very odd to say that education was charitable unless it had been provided by a school.

  Baroness McIntosh of Hudnall: Could I just say that I asked the question in absolute good faith and I did not intend to provoke any kind of defensive response. I might lead the witnesses, if I may, slightly by reminding you that one of the things which you have put into your evidence is that the independent sector is providing types of education or refinements of education which you allege, and probably rightly, are not available within the maintained sector. Now, I invite you to expand a little on that as one of the reasons why people might choose that sector.

  Dr Stephen: May I respond by not being defensive, but I hope by not being offensive either. One of the key contributions that the independent sector makes to Education UK plc is to be innovative, to be experimental and to push the envelope at the edges. On the other hand, as well as this tremendous capacity we have to innovate, to be free, to have clear control lines, to be very easily answerable and to do things in a hurry, if I am to bring in a major change in my school, it takes me a week. On the other hand, we are totally in touch with our parent body who are paying very heavily, many of them, for the education they receive and we are consumer-answerable in a way. With the best will in the world, the many superb maintained schools in the UK perhaps are not able to be so. It is this combination of being able to innovate, to be daring, to push the envelope and to challenge on the one hand, but at the same time to be totally linked to parents which I think gives us our strength and indeed partly justifies our charitable status.

  Q486  Chairman: Sir Ewan, at last!

  Sir Ewan Harper: We are sometimes quite amazed that people do want to come to our schools and we are delighted that they do. Therefore, we analyse what it is which is helping them make their decision, why they are taking that decision. The surveys we have made ourselves show that about 65% are looking for behavioural issues, pastoral issues and the ethos of the schools. Those are not directly academic issues and, therefore, how people behave in school is a really very important part of the choice. Some of these people are refugees from the maintained sector because they have not identified those things within schools. Now, we are involved in setting up currently six city academies, so we are seeing directly an experience within inner cities and we are seeing a very fascinating similarity in some senses, and variation in others, between the two sectors. The parents in the maintained sector are looking for the same things. They want a sound behavioural pattern, they do want the ethos where the child is going to be valued and cared for, and these things are very similar and I think to try and put a big wedge between what is happening or what is wanted to happen in the maintained sector and the independent sector is wrong. We have all got in fact very similar objectives. The question is how we achieve them and what group of people can help achieve them. My plea almost to you is that in looking at charity status, you will not cut across the fundamental ethos of what is beginning to happen. There is a dialogue beginning to occur between this Government and the independent sector. We have something closer in educational policy between the main parties than we have had probably for decades and, therefore, we have a more stable platform in which to see how these innovations can spread across the sectors, how they should be developed, and I would ask you very much to keep an eye on that wider picture. If you say, "What on earth are you doing, church schools?", about five years ago we asked ourselves, "What would our founders have done if they had been alive today? What was their mission and purpose and is ours very different?" We thought they would have been proud of the schools that we had. They are fee-paying, which they would not have expected necessarily, but 130 years ago the whole circumstances were different. We looked and said, "What can we do?" There were in fact very few ways in which we could play a significant part in maintained education. We could do what I call "nuzzling up", where as long as two or three people were together in one school or the other, you would try and do something valuable. Schools have facilities which they need to use throughout the school day. It is very difficult for any school to share its facilities with another during the school day. We are seeing this even with the academies, that in the academy movement there is a sort of pressure because money is being invested in academies, "Can you allow this school and that school to have a bit of access?" Now, this is the education experience, not just fee-paying schools against the other and the fact is that there is not time in the timetable. It is difficult to get people to move actually the timetable, to get in a bus and go from one location to another, so again how you expect independent schools to share facilities has to be realistic and, as I say, our experience is that it is testing that very much. When we came to this question of what could we do, suddenly the academy movement became available and it was utterly different from anything else which had been available to us, but, and it is a very important "but", we do not have a foundation and, therefore, for every academy we have to raise £2 million. We did not know whether we had the story to raise it and we went to two or three charities to see whether they were prepared to support us and, they did. Therfore, many people are supporting us in what we are doing, but out of charitable foundations, so they are dealing charity to charity, and they are paying their money to the Church Schools Company, not directly to the city academy. Our charitable status is, therefore, absolutely crucial for our standing in what it is we are trying to do. Now, I believe that this movement is right at its beginning and when I talked about the playing field and where we are between independent and maintained schools, there is an enormous possibility here. It will grow, but it needs nurturing and it needs help; it does not need whacking around the head, in my view.

  Q487  Chairman: Okay, we have got the message! Dr Seldon?

  Dr Seldon: To respond to your question, and I do not represent independent schools overall at all, but I speak throughout with an independent voice in some ways am quite critical of the independent sector, the point which I would, above all, want to convey to the Committee this morning is that there are two very different kinds of independent school. There are the small minority which are very wealthy which are doing extremely nicely and which, despite what Martin Stephen says, I do not think are very innovative. They look after themselves and they pay lip service to odd charitable things, but they are a self-perpetuating oligarchy and they go on and they join their fathers' firms and so on and they have great wealth, and I think they should be doing much more, not the least charitable and not the least creative and innovative, to play a responsible part in our one nation, and there are the rest. I would say that the rest are about 97%, like Brighton College, and we are passionate about being involved in the local community and our parents are drawn from a very broad cross-section and they make huge sacrifices. They remortgage their homes and grandparents pay, both parents go out to work and I just want to break down this notion of a monolithic independent sector. I got into great trouble with one of my parents when I said that the idea that I am educating children to go and join dad's stockbroker firm, I would give up tomorrow if that is what I thought I would do. The next day I got a letter from a parent which said, "I am a stockbroker. What do I say at breakfast tomorrow to my son?", but you get the point. It is about a mission and a passion to educate children, in touch with the whole of our society so that they can play a responsible and caring role in our society. That is what I think my job is.

  Chairman: I think what both Sir Ewan and Dr Seldon have got to say is extremely helpful because I think there is very little doubt that within the independent sector, there are schools which see almost as their primary purpose the extension of educational benefits to a broader cross-section of society and I can see that, but indeed I have read some of the evaluation of the Government's partnership programme which seems to be very positive in terms of improved standards in educational outcomes, although I think Dr Seldon might argue, and has argued in the past, that more money should be spent on it than has been the case hitherto. I think the issue for the Committee is whether what we have today are some shining examples of what can be done between the sector and the state sector or whether this is typical or untypical. I think I would absolutely commend the approach that the Church Schools Council has taken, I have read what Brighton College do and I am familiar with the work of Manchester Grammar School, but I think the issue we might want to explore is whether or not this pertains generally across the sector, so we might come back to that in a moment.

  Q488  Mr Mitchell: I should just mention in passing that my children are educated by me in the independent sector, so I suppose I might be accused of having an interest in this discussion. I wanted just to ask Sir Ewan a question on the church schools movement which ties back directly to the Bill which we are looking at and that is whether there are other things which could be in this Bill which would actually help develop the church schools sector in Britain. I remember that some time ago you launched, I think with government blessing, if not active financial support, a project to have 100 new secondary schools across Britain and I wondered how it was going. My impression in the part of the world which I represent, the Midlands, Birmingham, is that it has been a complete flop actually and that an awful lot more could have been done to bring the advantages and variety in education of church schools for the benefit of local people, so I just wondered whether that perception was correct, how that initiative was going and what we could put in this Bill or any changes which you would like to see and your colleagues would like to see which would benefit the growth, expansion and continued activity of the church schools in Britain.

  Sir Ewan Harper: We are not part of the Anglican Church's church schools. When you see the voluntary primary schools, that is not part of us; that is the diocesan and national structure for the Church of England, although our name suggests it, but we will change our name because of just this problem. We are in fact an independent charity founded in 1882 and, therefore, I cannot answer your 100 new schools, although I would like to think that the ten city academies we are setting out to sponsor would be included in them.

  Q489  Mr Mitchell: But they are not part of that administration?

  Sir Ewan Harper: No, they are not, they are independent of it, but nonetheless they are friendly with it. We are working and understanding what each other is doing, but we are not actually part of it. Just to give you a sense of the figures on this, we at the moment are educating 6,500 children in our independent schools. This year we have got one academy open in Manchester. In September we opened an academy in Northampton and in Lambeth and we will have 2,200 children in the maintained sector. Just taking these figures across to 2010, we would expect to have nearly 12,000 children in our maintained-sector academies and that is without going beyond the ten and we may well do so, and we expect to have about 7,500 children in independent schools. The teachers relating to that, and this is an important thing as we have not heard anything about teacher training and teacher development which is a crucial part of what we are trying to achieve, there will be 790 in our maintained schools and 678 in our independent schools, so this sort of movement is capable of very serious growth. When you asked whether we are shining examples, the answer is no, I do not think we are, but we are different insofar as we are a group of schools and, as a group of schools, we do have a very considerable expertise in finance, human resources, ICT development and these things. One of the things which is fascinating and challenging is why LEAs are not managing to do what we are doing because they have got groups of schools and they ought to be able to achieve what we are doing, yet we are going and talking to LEAs who clearly are not, and although your job is not to look at LEAs and so on, within here lies something which is really very important.

  Q490  Mr Foulkes: It is nothing to do with charitable status though.

  Sir Ewan Harper: Well, it may well be that I come back on the question of how we raise our funds.

  Q491  Mr Mitchell: Is there anything in the Bill which will help expand the work which you are doing? Is there anything specific which you want to tell us which you would like to see in the draft Bill which is not there at the moment which would help spread what you are trying to do? I pass over whether we can persuade you to come to Birmingham or not, but—

  Sir Ewan Harper: Well, we would love to. There is not a lot, although I do come back to VAT. It is very interesting that, as independent schools in the maintained sector, we are having to pay elements of VAT which would not happen, I believe, if we were LEA schools. Now, we are charities in the independent sector and in the maintained sector, so it might be worth your looking at this. Every city academy is a charity. How much does that charity status help that city academy because at that moment it is an independent school and it is a very significant factor, but it does have an adverse impact on that, (i.e. VAT).

  Q492  Chairman: But is your plea in contravention to Mr Shephard's plea that this is something which you would like to see something done about?

  Sir Ewan Harper: I think that VAT is an issue and one of the reasons, Chairman, is that the building programmes are very expensive and VAT on top of them is a very major part.

  Q493  Ms Keeble: I just wanted to ask some questions about some of the business issues which have been raised and I also would say that my children go to private schools. I think whilst the children at private schools might not be privileged, I certainly think that in the schools themselves, a private education or an independent one is actually a privileged one and I do not think there is any getting away from that. Just on the business side, Martin Stephen said that some of the schools are small businesses operating on tight margins and I think that all businesses would say that they are operating on tight margins, and I think most charities would as well. I think there is a real issue about if there is a change in the financial structures, what then happens to the institutions. Some shut anyway just because they are not very good or because of a change in financial circumstances, but obviously no one is looking to throw things into complete disarray. There are two issues. One is what actually is the relationship between the changing fees over the years and salary levels because is it not one of the reasons perhaps that more people go to private schools simply the fact that there is more disposable income and is a change in the fee structure really going to put the pressure on, as you say, particularly if it is introduced over time, like, for example, we did MIRAS over time and the housing market did not collapse and in fact it went up? The other thing is to ask what also would be the impact of phasing out of elements of the benefits or of the charitable protection which schools get over a period of time, as I say, as we did with MIRAS? Has any real study been done of that to see what the impact would be on the financing of the organisation? Thirdly, which picks up Sir Ewan's point, if the private or independent sector is to contract for more education services, do we not have to make absolutely sure that there is a level financial playing field between the different sort of sectors of education and in the financial arrangements of people contracting for state financing and state services?

  Sir Ewan Harper: We are not contracting. What we are doing with the city academy programme is that we raise our £2 million, the Government puts in its capital either for renewing and refurbishing a school or building a new school, and the whole of the running costs are supplied by the Government.

  Q494  Ms Keeble: I am actually an MP for Northampton and the academy you are talking about, if it is the one I am thinking of, is in my constituency.

  Sir Ewan Harper: It is.

  Ms Keeble: So actually what is happening, however it is talked about, is that what was a maintained school is becoming a school which is run by your organisation and, as such, I would personally categorise it under a different form of public sector procurement. The issue is how do you manage the financing of public sector procurement and how do you make sure that some organisations, because they can get charitable status, do not get competitive advantage over others? That is really what the issue is.

  Chairman: Well, without getting into the intricacies of the Northampton situation—

  Ms Keeble: But it is the same thing.

  Q495  Chairman: —maybe we can concentrate on the three issues which Sally raised.

  Dr Stephen: I can only speak on one of them, if I may, because I think it is important to emphasise that the independent sector is a fairly loose confederation. We do not spend a great deal of our charitable money on surveys about what might happen; we prefer to spend it on the education of children. I would guess that if charitable status were to be lost with the financial implications, a number of schools at the periphery in financial terms of the sector would close. A number of those schools, particularly some of the more avant-garde and experimental ones, are not, I hasten to add, at the periphery of educational practice; they are merely running on a very tight financial margin. A number of small, in the main, but excellent schools might be forced to close and the thing which I have dedicated my own professional life to for nearly 30 years which the independent sector has been doing, say, for ten or 15, which is to make these schools meritocratic, would suffer. The sector would not close, let's be clear. Quite clearly the sector would not close or shut down with charitable status; it would simply become more elitist, more privileged in a social way which I find wholly unacceptable. We are a benefit to this country, we are a massive benefit in a huge range of areas. To me, it would be horrific if we were to put the clock back on what has been going on in the past ten years which is a magnificent movement on this sector to being a public benefit and we would become more elitist.

  Ms Keeble: I understand the educational argument, but there are a couple of issues here. One is the educational one and one is the financial and business one. There must have been some thought given to possible impacts on your sector of changes in some of the financial pressures, including the impact of changes to charitable status and it is really trying to find out what thinking has gone on and whether a change over time could be managed by the sector. The point about fees and salaries would actually be quite helpful because that should be a reasonably straightforward thing, I would have thought.

  Chairman: I think Dr Stephen's answer was that it could be managed, but it would have implications.

  Q496  Ms Keeble: It would be difficult, yes, that is right.

  Dr Stephen: It would put the clock back 15 years, yes.

  Q497  Chairman: Can I just ask one slight addendum to that question, however, because I noticed both in your answers and indeed in the evidence which we received from the ISC that much play is made of the fact that you extend access by dint of bursary and scholarship, and I understand that argument. Of course, the vast majority of pupils at independent schools are not beneficiaries of either bursaries or scholarships, are they?

  Dr Stephen: 30% are.

  Q498  Chairman: So the vast majority, according to my maths, are not. I speak as an ex-Treasury minister so that could be completely wrong! Am I right in thinking that the vast majority of the 30% of bursaries and scholarships come about as a consequence of selection by ability?

  Dr Stephen: No. In my own case and in the vast majority of cases the offer of a bursary is solely on the means of the parent, not on the rank order of a child in an entrance exam.

  Q499  Chairman: Regardless of educational attainment?

  Dr Stephen: I think it is very important that the sector has distinguished very crucially for 10 years between scholarships and bursaries. There has been a massive movement over the past ten years to reduce scholarships and to put all the available money into bursaries. I fully support that 150%.


 
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