Joint Committee on the Draft Charities Bill Minutes of Evidence


Examination of Witnesses (Questions 560 - 579)

WEDNESDAY 30 JUNE 2004

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

  Q560  Lord Phillips of Sudbury: Then I would like to turn to the on-going clash between Dr Seldon and Dr Stephen.

  Dr Stephen: Happy disagreement!

  Q561  Lord Phillips of Sudbury: What would you say, Dr Stephen, to my own experience as a governor of a couple of state comprehensives for very many years when about 15 years ago I tried for a second time with our local well known independent school to get some sort of joint activity. I suggested sports, arts, anything, only to be told for a second time by the chair of the governors that parents were not sending little Johnny to his school at £15,000 a year for them to mix with the hoi polloi up the road. Do you think that is an untypical reaction?

  Dr Stephen: It may well have been typical 10 or 15 years ago. I think one of the great features of the independent sector is its capacity to evolve with the times. That is the only reason it has survived as long as it has. I would be immensely surprised and, quite frankly, horrified if you got a response like that nowadays. It would be wholly counter to the prevailing spirit that Ewan has discussed in the independent sector. We have changed.

  Q562  Lord Phillips of Sudbury: I appreciate you are chair of the Headmasters' and Headmistresses' Conference. Your school is an exceptional one and always has been. You do not think you are being a bit triumphalist in saying that?

  Dr Stephen: I do not think my school is unique in any sense nowadays. I would like to think we were a little ahead of the game and I do not take the credit for that, it is the institution. I do think the sector has changed radically in the past ten years. I think it has evolved and it has recognised now that the way forward is partnership and the key thing is that partnership without patronisation. What we have learned and what endless schools that one speaks to have learned from their links with the maintained sector is that it is of mutual benefit, that this is not a one-way process.

  Q563  Lord Phillips of Sudbury: The appendix we got of what is happening with the Manchester schools, not just your own, if you look at that and if you look at the very helpful document that Mr Shephard supplied us with, most of the contact between the independent schools and state schools is rather de haut er bas, it is mentoring, it is providing pitches and so on. I see very very little equality of engagement between them.

  Dr Stephen: I would like to take you through 50 or 60 case studies because I think that was true when these partnership schemes started. I do not think it is true any more because those partnership schools move on. There is one more crucial point I would like to make on a much wider issue. I am very proud and privileged to be a member of the ISPB forum, the Independent/State Schools Partnership Forum. That forum lists what I call the official partnership schemes. What is fascinating about the sector at the moment is that those are only the schemes affected that receive government funding. I know from my own experience that there are at least as many unofficial schemes operating between local head and local head and operating beautifully because there is no heavy central template. These are individual teachers, where 75% of the language is universal, meeting each other perhaps even socially. The scheme that we have was engineered by the fact that the maintained school head in question and I were introduced because two of her pupils mugged my youngest son, which must be something of a first in partnerships. These schemes, which are 50% of what is happening, are now unrecorded, they are very informal, usually immensely useful and wonderfully experimental because there is no government funding, there is no central template. Quite literally, the water can find its own way down the hill. If they do not work they stop or they change direction. I would like to emphasise the tremendous amount of unofficial schemes that are going on.

  Q564  Chairman: You would argue that those sorts of schemes, whether funded by the Government through the Partnership Programme or the schemes that you have eluded to, the voluntary schemes or indeed the schemes that Mr Shephard identifies in his Good Neighbours report, essentially fall into the category of public benefit?

  Dr Stephen: Yes, I would.

  Lord Phillips of Sudbury: The Chairman asked some very pertinent questions on statistics around bursaries and scholarships which you are going to do some work on, Mr Shephard. I wonder if you could add two points in that research. One is, to take up the point that Dr Stephen laboured, the difference between entry exams which apply aptitude tests from those which I think he calls "attained knowledge" and to know what proportion of bursaries and scholarships follow that pattern. The second thing is, and I do not think this is in any of the documentation, you talk about 31% getting bursaries or scholarships, but what proportion of the fees do those bursaries or scholarships amount to? Is it 1% of the fees or 100% of the fees? Give us some help as to the rough proportion of fees to see to what extent they really do reduce the financial elitism of the system.

  Q565  Chairman: Perhaps you can provide that in your memo rather than try to answer it now.

  Mr Shephard: I will do my best to find out the information.

  Dr Stephen: I know a very significant number of schools use a common entrance exam which many would see as having the capacity to test acquired knowledge. They will let people in even though the acquired knowledge bit in that exam is very bad. They are looking for aptitude through an exam that is designed for something else. Perhaps I could give you one stupid example. Many schools I know will see an 11-year old's use of irony as indicating high intelligence. It is almost impossible to teach. It is associated with high intelligence. I have seen a common entrance paper where the person has got every single date wrong, said William the Conqueror invaded England in 1944, but the person is using irony and the school has let that child in. It is not as easy as it might seem to quantify.

  Q566  Chairman: Mr Shephard, 17% of your schools are not charitable schools. What is the difference between them and the charitable schools in performance and public benefit?

  Mr Shephard: The ones that are not charitable schools are proprietary and they are therefore run for profit.

  Q567  Lord Phillips of Sudbury: How do they look different or feel different to those who use them and in terms of public benefit?

  Mr Shephard: The schools that belong to the Headmasters' and Headmistresses' Conference and the Girls Schools' Association and the Society of Headmasters and Headmistresses of Independent Schools are all charities, there are three anomalous ones in City of London schools, so essentially three of our senior school associations are entirely made up of charitable schools. There are a number of preparatory schools and they will operate in their local market, but the senior schools are put on the charitable side.

  Lord Phillips of Sudbury: I do not think he has answered my question.

  Q568  Chairman: Can I try to answer it for you? I have been just been reading the Good Neighbours report. You say on page 9 of that report that the absence of charitable status makes little difference to either a school's willingness to make its facilities available—that is to the state sector or to local community groups—or indeed to its charging policy. Then you go on to say on page 10 of the same report that the percentage of schools without charitable status which undertake partnership activities is not significantly different from those with charitable status. So it seems that the charitable status, which is the point that Lord Phillips is getting at, is pretty incidental to the performance of what you agreed earlier was the public benefit. Is that right?

  Dr Stephen: No, because the schools that are not charitable are not representative of the whole sector at all.

  Q569  Chairman: So it is a statistical anomaly?

  Dr Stephen: No. As Jonathan has just said, it tends to be preparatory schools.

  Q570  Chairman: Why put it in your report? Why put those two very bold statements in your report, that charitable status makes no difference whatsoever?

  Mr Shephard: I do not want to duck this. I have been in ISC for three months. That report was produced before I joined and of course I take responsibility for all ISC documentation.

  Q571  Chairman: Can you answer and explain?

  Mr Shephard: We are dealing with one argument for charitable status which is benefits provided to the local community through use of facilities. When the Charity Commission comes in and as regulator it will have to look at each school on an individual basis and say, "Does the total package add up to enough for the charitable status to be there?"

  Q572  Chairman: When I asked you earlier to describe (the very first question) you said essentially three things: in answer to the question about why independent schools should be charities, you said that education was for public good; you said that your schemes on bursaries and scholarships extended access—and we have had discussion and debate about that; you said that it saved the State about £2 billion a year, and I want to come to that; and, finally, you talked about the public benefit through good works. We are now exploring this issue of good works and it turns out, from your own report, that whether or not an independent school is charitable is absolutely incidental if it works. That is what the ISC says.

  Mr Shephard: In that report you are correct, Chairman, in saying there was little observable difference in the use of facilities between charitable and non-charitable schools. It will in the end be up to the Charity Commission as regulator to decide for each and every school whether it is providing enough public benefit.

  Q573  Mr Mitchell: I want to be very clear on this point, Mr Shephard, which ties in with the questions that have been asked about numbers, and it ties up for me a lot of the argument that for every pound gained through charitable status in excess of £2.30 is given in assistance through bursaries. Is that figure correct, or do you need to revise it in the supplementary evidence you are going to give to us?

  Mr Shephard: That figure was certainly correct. When it was researched by the Bursars' Association we had no reason to think the ratio had gone anything other than positively.

  Chairman: If you want to reiterate this or amplify it in your written memorandum that would be helpful.

  Q574  Ms Keeble: On the issue of the use of facilities and public benefit through access to facilities, given that the state sector has to pay for it, I have never quite understood why it is regarded as such a big deal, frankly. If a private school provides its playing fields to the local state school and charges them for it that seems to me like a commercial function. Why is it given this special status?

  Mr Shephard: I agree absolutely with what you say. If it is charging then that is a commercial function and not charitable, unless the charge is nominal.

  Q575  Ms Keeble: How much of it is actually charged or paid for through some government grant?

  Mr Shephard: Many schools do provide facilities at cost, below cost or entirely free. To the extent that it is below cost then that is charitable, but if it is above cost then it is not.

  Ms Keeble: Can you give any idea of what the proportion is? Because with all the schemes I have seen there is a cost involved. I want the global figure; I do not want the individual case.

  Q576  Chairman: There are figures in the Good Neighbours Report in detail. Have you formally submitted the Good Neighbours Report?

  Mr Shephard: I have not, no.

  Q577  Chairman: I think it might be helpful if you would do that and the previous two reports from 1998 and 1993.

  Mr Shephard: We can do that. It is approaching 60% which are free.

  Q578  Mr Campbell: I want to come on to this question of the use of facilities in just a moment. If I may first of all return briefly to the question of access with a request rather than a question. When you put out your questionnaire to schools about bursaries will you ask the question: how many bursaries at that school go to children of staff in that school as part of their employment package?

  Mr Shephard: Yes.

  Q579  Mr Campbell: I want to move on to the question of partnership and facilities. When Leeds University School of Education did the evaluation of the independent state school partnership scheme it found that standards were rising in a very cost-effective way. The issue as far as I am concerned is whether or not private schools are doing enough of it. If only around 10% of schools, according to the ISC survey, participate in the government's partnership programme is that doing enough?

  Mr Shephard: As Martin Stephen said, there are a number of partnerships all the way round. The whole ethos of the leaders of the independent sector is to reach out and engage in more and more partnership activities so that we are seen as part of a single system. What we are desperately keen to avoid is being put back, if you like, into the box into an exclusive sector. Yes, the more partnership the better. ISC is entirely in favour of that and so are all the heads that I know.


 
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