Joint Committee on the Draft Charities Bill Minutes of Evidence


Examination of Witnesses (Questions 540 - 559)

WEDNESDAY 30 JUNE 2004

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

  Q540  Chairman: I would like to ask you two points of information and if you have not got the answers now maybe you could supply them. Firstly, what percentage of your patients pay for their treatment or get private health assurance, and secondly, receive your services for free because they are NHS patients and you are doing contractual work?

  Mr Jones: I would be more than happy to provide that information. I can give you an indication. In 2003 10% of our patients received treatment free at the point of delivery, ie they were patients that we contracted with the National Health Service for.

  Q541  Chairman: You got paid for it but you provide the services for free?

  Mr Jones: Correct.

  Q542  Chairman: Have you got some equivalent to a scholarship or a bursary whereby you provide a service that some would regard as charitable for nothing?

  Mr Jones: No.

  Q543  Chairman: How many of your patients come from overseas?

  Mr Jones: I do not have any statistics but I would suggest it is less than 1%.

  Q544  Chairman: Is it a growing proportion?

  Mr Jones: No, it is not.

  Q545  Chairman: It is falling, is it?

  Mr Jones: We have never measured it because it has never been a market. We are committed to providing services to the local communities in which we have established Nuffield Hospitals rather than trying to attract patients from overseas to use those hospitals.

  Q546  Chairman: The ISC say in their evidence that you earn £283 million to the economy and to individual schools as a consequence of presumably wealthy parents from overseas sending their children to independent schools. Is that right?

  Mr Shephard: That is correct, yes. For the sector as a whole it is £315 million and that has been scaled down for the schools that are charitable.

  Q547  Chairman: There might be a question in some people's minds about why organisations should receive tax benefits in part at least to provide those sorts of services to the wealthy parents of children from overseas.

  Mr Shephard: There is a range of wealth among the parents in all our schools. There are some who are very rich but a lot of them are not, a lot of them are having to scrimp and save to raise the fees.

  Q548  Chairman: From overseas?

  Mr Shephard: No, this is generally.

  Q549  Chairman: But from overseas?

  Mr Shephard: I have no information on that, but I would assume that they are relatively well off.

  Q550  Chairman: I do not want an individual example, I want an answer for the sector as a whole. You think that the vast majority of children who come from overseas to independent schools must be from relatively wealthy backgrounds because presumably they are fee paying rather than bursary receiving, is that right?

  Mr Shephard: Chetham's does provide bursaries to children particularly from overseas.

  Q551  Chairman: Is that an exception or the rule?

  Mr Shephard: I would say that is probably an exception.

  Dr Stephen: What is true is that there has been an increasing movement again over the past 10 years to support children from poor backgrounds from Eastern Europe. This is a sector-wide initiative. We do not have figures for it. I can name from memory five schools that have taken, for example, political refugees and operate schemes with specific countries, particularly with Eastern Europe and with Africa.

  Q552  Baroness McIntosh of Hudnall: I asked earlier on about the contribution that the sector makes to what one might broadly call specialist education and I am not talking about specialist ability exclusively but also what one might call specialist disability. You make the point in your evidence that the independent sector is contributing significantly to the education of people with needs of various kinds. Can you give us any statistical evidence about what proportion of your membership is doing that, ie providing an education which, because of its nature and the nature of the pupils who are coming into it, whether that is to do with ability or disability, is not available generally within the maintained sector?

  Mr Shephard: We know that 12% of our pupils have special needs.

  Q553  Baroness McIntosh of Hudnall: That statistic is relevant only if we know what percentage of students within the maintained sector have special needs because it could look very small relatively speaking.

  Mr Shephard: If you are dealing with minority subjects, we have now to include maths and science as subjects where the provision in the maintained sector is not particularly good.

  Dr Stephen: The independent sector is now providing a wholly disproportionate number of those with "A" grades in maths, physics and chemistry. In some cases some of the figures suggest towards 50% of all candidates in the UK gain top grades in the sciences. The independent sector, if we are looking just at this area of subject specialisation which if you like could be argued as a special need, has a tremendous record in the teaching of further maths, the teaching of single subject sciences and also the teaching of modern languages, including Russian, Arabic, Chinese, in other words the new vogue modern languages but also in the continued teaching of classics. There are also places like the Royal College for the Blind which comes under the independent sector, Cheatham School of Music and the other music schools. I do not know whether you would decide to include as special provisions some of the more radical schools. I would illustrate Frensham Heights for instance.

  Q554  Baroness McIntosh of Hudnall: What I am interested in, Chairman, is what is the independent sector doing that the maintained sector either is not doing or cannot do which would contribute to the argument that you are making for the continued charitable status of a significant proportion of the independent sector at least?

  Dr Stephen: Am I allowed to give an answer that is entirely personal but I think is representative? When my youngest son was diagnosed as dyslexic, despite being statemented in his maintained primary school I could not obtain specialist treatment for him within the maintained sector. I sent him to an independent dyslexic unit which has been the saving of his life. I do not think I am unrepresentative.

  Q555  Lord Sainsbury of Preston: Could I go back to the point that was made by Dr Seldon, which was that a differentiation should be made in what is 3% or 5% of private education, where distinctly rich endowed schools should be treated differently so far as charitable status is concerned. I would like to ask Dr Stephen his reaction to that?

  Dr Stephen: My reaction is that I disagree with almost everything Anthony says but would fight to the death for his right to say it and in so doing justify the existence of the independent sector. I do think in this instance Anthony is wrong. Anthony is very fortunate in one respect in that he can only talk for himself and Brighton College; as Chairman of HMMC I am talking for the whole sector.

  Q556  Chairman: You are wearing two hats.

  Dr Stephen: If I may speak for the sector as a whole. One of the schools that I am not going to name, Anthony is not going to name and it is probably going to be the longest running saga in this hearing actually has 37 separate community projects operating. I do not believe that the so-called elitist schools have not done their bit. Indeed, one of those schools, which is probably in the minds of all those round this table, is offering over 20% of its places as bursary free places and has a magnificent record. So, yes, possibly 3 to 5% of the independent sector is privileged by endowment. I believe they have worked their socks off to justify their existence.

  Dr Seldon: I do not agree with that and I think the great majority of independent school heads would disagree too.

  Dr Stephen: I challenge that.

  Dr Seldon: I would make this distinction and it comes back to a question that we had earlier about why parents choose. Parents choose schools like Brighton College—I would say 95%—not for elitist, snobby reasons. Refugees who come to schools like mine from the state sector come; (1) for discipline reasons, (2) because they feel their children are not being stretched, and (3) because they are highly talented at music or at sport and they feel that there is insufficient stimulus at the state school. If the state sector was infinitely better than it currently is—and there are some outstanding state schools and the best state schools are better than a lot of independent schools—or if there was what I would like to have, which is you would get rid of state schools and everybody would be independent, you would find that people would bleed away from fee paying schools. Parents are simply there making the sacrifices because to them there is nothing more important in their lives than their children, the happiness of their children and their children's progress. There are some schools where people are selecting them—and I am only speaking as an individual, although I happen to believe that a lot of other independent school heads share this view—for socially exclusive reasons. As one parent said who came to Brighton College, "You don't have spiky children in your school," and I said, "Yes, we do." I market my school as an unsnobby school and I think it has a very good cross-section. That is a very real distinction. The ISC may not like that but I believe that to be true. Those are the kinds of schools where parents are choosing them for socially elitist reasons. They are just the kind of schools to whom much is given and much should be expected, and I am not naming any names at all.

  Q557  Lord Phillips of Sudbury: I ought to declare an interest in that I have done legal work for Nuffield Hospitals and my firm currently does work for ISC. Mr Jones, as far as I can see what you are saying in terms of public benefit vis-a"-vis your hospitals is that what it comes down to is that you save the Exchequer a huge amount of money by treating patients who otherwise they would have to treat, but apart from that you have given no indication of any conventionally charitable benefit. For example, there is no free treatment—I am not talking about the NHS patients you get paid for; you do not use volunteers and you pay your consultants the going rates. Is that a fair summary?

  Mr Jones: It is my understanding that the improvement in the health of citizens of the UK is in itself charitable.

  Q558  Lord Phillips of Sudbury: I accept that.

  Mr Jones: What differentiates us is that we do not have shareholders and we are not distributing profits.

  Q559  Lord Phillips of Sudbury: I understand that. Broadly what I have said you would concur with, would you?

  Mr Jones: Yes.


 
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