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Amendment No. 174 provides for appeals and references to the High Court by way of case stated. On this, I have to stick very closely to my legal brief, which says that case stated is a rather old-fashioned procedure, more usually used for criminal cases. It is unusual for this mechanism to be used in tribunals. It is by nature a form of consultation with a higher court to obtain an answer on a point of law. It does not preclude judicial review since, if an adjudicator were to refuse to state a case, that decision would itself be amenable to judicial review. We consider it preferable that parties to adjudicators’ decisions should have a right to seek judicial review where it is not the merits of a particular decision that are considered, but whether there has been a decision which is outside the adjudicator’s jurisdiction or is irrational, or where the decision-making process can be said to have been unfair procedurally. Applications for judicial review also require permission from the Administrative Court, which acts as a filter and reduces the burden on the courts.
I am not competent to give further responses to the noble Baroness if she wants to challenge that. If, when she has read what I have said in Hansard, she wants to come back, I will engage in correspondence with her on the precise relationship between the adjudicator and the High Court.
Amendments Nos. 160 and 161 were tabled by the noble Lord, Lord Lucas. I am glad that he recognised that the new co-ordinated admissions process for secondary schools is producing greater certainty and better outcomes for parents. In particular, it has had the beneficial effect of preventing parents holding multiple offers, which was a particular problem. It has brought about a welcome increase in the proportion of parents who receive offers of a place in a school that they have positively chosen early in the admissions process. Even where a child cannot be offered one of the schools preferred by their parents, statutes and regulations govern the obligations of local authorities to offer a place at an alternative school or otherwise to provide access to full-time education.
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The noble Lord raised the issue of the allocation of school places by ballot. In fact, this is an acceptable, but rarely used, means of determining who should be offered places at oversubscribed schools and can be used to allocate a proportion, or even all, of the places at an oversubscribed school in accordance with the code of practice. The revised code on admissions will make that explicit, which may stimulate some interest in this option. When I met the noble Lord to discuss this, I told him that the idea had attracted the attention of Sir Peter Lampl and his excellent Sutton Trust. My office will put Sir Peter in touch with the noble Lord so that they can seek to popularise this interesting idea.
On Question, amendment agreed to.
Lord Adonis moved Amendment No. 159:
On Question, amendment agreed to.
Clause 39, as amended, agreed to.
[Amendments Nos. 160 to 162A not moved.]
Clause 40 [Support for parental preferences]:
Baroness Sharp of Guildford moved Amendment No. 162B:
The noble Baroness said: I shall also speak to Amendment No. 165. These amendments probe the idea of the choice adviser, whose role is established by the brief Clause 40. Amendment No. 162B should perhaps have been included in the group of amendments that dealt with the voice of the child. It is a neat amendment that makes clear that choosing a secondary school should be for parents and children, not just parents.
The Minister made available to us some of the draft guidance on choice advisers, which has got it right. Paragraph 7 states:
“Choice Advice is about helping and supporting families including mothers, fathers, adults with caring responsibility and children to make the best and most realistic choice of secondary school”.
After that, it goes downhill. It is full of detail about what choice advisers should know and do and how they should target disadvantaged families, but it constantly refers to parents and carers, not children. However, it is slightly redeemed by paragraph 17, which states:
“Wherever possible the child should be included and provided with appropriate advice so that they are able to express an informed view about a choice of school”.
This is an important point. When a child is 10 or 11, it is old enough to take a view about the school that it wants to go to, and it should be involved in the process of choice. The guidance is right, but I would like to see more emphasis on including children in the discussions. That should be in the Bill. Changing “parents of children” to “parents and their children” achieves what we want and sets the right tone. I hope the Minister is sympathetic to this amendment.
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Amendment No. 165 was drafted before the draft guidance was available and reflects the Local Government Association’s view that guidance about what the Government wish local authorities to do is needed because the Bill makes clear that this system is to be run through the local authority. Local authorities now have extensive guidance, including a full-blown scheme for accrediting choice advisers. In general, these Benches applaud the vision and the degree to which the Government are anxious that each local authority works out its own scheme. The guidance provides a variety of models that might be followed.
We have one query about the process. The Government are making available £6 million a year—£12 million in total—to get the scheme moving. That works out at £300 per primary school. Paragraph 16 of the guidance puts the situation very clearly when it states that it,
A typical primary school will therefore work with about 10 families. The examples, which talk about groups of perhaps 10 or 12 primary schools together, make clear that it is a full-time job for a choice adviser. I applaud the Government for setting up the procedures for choice advisers, but are they really providing enough resources to fund their proposals? One of the problems is that neither schools nor local authorities have spare resources with which to fund the extra posts. I beg to move.
Lord Skidelsky: I speak to Amendment No. 163A standing in my name. It is a constructive amendment, designed to strengthen support for parental preferences, which is the object of Clause 40. The philosophy behind it is simple—the more the system of centralised allocation shifts towards one of parental choice-based allocation, the more knowledge and information parents need to make their choices effectively, and the greater the responsibility of the Government to provide that information or make it accessible.
The Government clearly understand their duty to provide a greater information base to support parental preferences but I am not sure that the choice advice machinery to be administered by choice advisers is quite the right one. It needs to be supplemented by something else. My criticism is that the advice is to be targeted on a small number of parents—at one time in one passage it is 6 per cent and in another passage it is perhaps 30 per cent. But only that group of parents is deemed to need it. The number of parents who could benefit from this information is much larger. More seriously, the government guidance refers to the information which the choice adviser will need to have, not to the information which parents will need to have. The information will be with the adviser, not the parents. It is almost as though the Government have a model of a GP/patient relationship. I am sure that that is not their intention, but it does unconsciously reflect their view of the nature of the target group.
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The assumption that all other parents have access to the information they need to make a choiceis wrong. Specifically, parents are likely to lack what they need most of all—information about comparative school performance in that locality. I have looked at a number of websites. Some have exam and key stage results and some do not, but none has local league tables. The best a school usually does is to publish its exam results and then compare them to average pass rates for England and Wales, which is not enough for a parent to see how good a school is in comparison with other local schools.
Moreover, information on school websites is not provided in standardised form, which is necessary for easy comparison across schools to be made. In fact, I have to say that the websites of most schools in this country are primitive compared with those of American schools, which give much more information. Noble Lords who are interested in checking this out might compare the website of the Frederick Douglass Academy in New York with that of almost any maintained school website in the United Kingdom. It is argued that the Guardian, the Times, the Telegraph and other high-quality newspapers publish reliable league tables and that those reports are available online. However, many parents do not read those newspapers and many more do not have access to the internet.
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The conclusion I draw from all this is that information which parents need to make an informed choice is available to the persistent inquirer—and guess who that is likely to be—but in a scattered and non-standardised form. My idea is to concentrate this information in school information centres and to make it available to parents in a simple, readable and, above all, standardised form. I envisage there being such a centre—perhaps this is an idealised vision—in every town centre or high street into which parents can easily drop, receive information packs about the schools in their area, have their questions answered, and swap stories and information with other parents over a cup of tea or coffee. Above all, that information centre should be independent. It may be commissioned by the local education authority, but it should be independent of the local education authority and in a separate building.
I am also strongly attracted by the idea of annual school fairs, which I first came across in one of the districts in Manhattan, at which schools display their wares once a year. They were extremely popular with parents in a very deprived area, who had been alienated from the school system, but who loved these fairs and, as a result of them, got much more involved with the schools.
I accept that there are cost implications. Implementing my scheme will cost more than the £12 million over two years the Government propose to allocate to choice advice. I recognise that one or two districts already have parents’ advice centres. I notice from the guidance that this is done in Tower Hamlets. My impression is that these are targeted at disadvantaged and ethnic minority children rather than being a resource for all parents choosing a school at the end of primary
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Lord Lucas: I very much support what the noble Lord, Lord Skidelsky, said. There is a demand for this information from all parents—I am very well aware of that from my work with the Good Schools Guide—from those in the most deprived circumstances to those who are relatively affluent. Parents tend to be very busy. A lot of them are uninformed about schools; all of them want comfort and help when undertaking an extremely difficult decision; and, as the noble Lord, Lord Skidelsky, said, the quality and consistency of information out there is well below par—certainly with regard to easy access. School websites are often dire and local authority information provision varies from the really quite good to the extremely difficult, obscure and unhelpful. There is not a good consistent standard there. One of the things a school adviser could do is to help bring up the general level of available information to a common and consistent standard and, ideally, as the noble Lord said, to something approaching the American model rather than the “Do we have to do anything?” standard that occupies a lot of British websites. To have that co-ordinated in a way which makes it easier for a parent to access it on a casual basis would be a great advantage. As I will come on to, one of the difficulties I see with the Government’s scheme is the question of how this adviser finds the parents they are talking about.
My amendment focuses on the need for independence. A lot of the time this adviser will be the Thomas à Becket character who wishes to give clear, honest and good advice regardless of the consequences to himself. If they do not have a position that enables them to do that without fear of imminent execution, they may well not have the courage of the right reverend Prelate’s predecessor and may temper their advice accordingly. That problem has become prevalent in, for example, the educational psychology service, where many people rely for their bread and butter on a relationship with a particular local authority. If the local authority likes to be dilatory, difficult and restrictive about giving statements, it is the common experience of parents that you will get a relatively bad service from those educational psychologists because they know who is paying their bills.
It is necessary to have a measure of independence because, much of the time, a competent adviser will say, “Don’t go to that school in Dorset. You are much better off if you hop across the boundary into Hampshire. It has the provision that you want, it has easy access so you have a good chance of getting in”, or, “No, whatever they say, that school does not really provide well for your child’s special need but there is very good provision a couple of miles away and, if you can establish a special need—and this is how to do it—you will have a reasonable chance of getting your child in”. Giving advice that is in the interests of the child and the parent will often be advice that the local authority wishes had not been given, to give it an easier life.
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From the draft guidance, we are clearly envisaging a system that is quite well integrated with the local authority system. I should like to be sure that there is a good guarantee of independent advice; otherwise parents simply will not trust it. I am very grateful to the Minister for having distributed the draft guidance. Exactly how are those advisers going to turn away the middle classes? Yes, they may be targeting the 30 per cent who are most deprived, but if someone like me comes knocking on their door and says that they want help, are they going to say, “Go away”? Once they get a reputation, people who are aware of their existence will be after their services.
I am puzzled by the Government’s idea of the correct budget. If we are aiming for 30 per cent of pupils, we are looking at a budget of about £30 per target family. With the usual overheads, especially if these families have to be tracked down because they are difficult to get to, people will have to spend time at the end of the day at primary schools waiting for those parents to turn up. That will not be a time-efficient process. I suspect that the Minister's budget allows for about 15 minutes per target family, which is about a quarter of the time required to give a reasonable standard of service.
I am surprised that in-year admissions will not be catered for. That is one real problem for parents who are moving. We are trying to encourage a mobile and responsive labour market and make it easier for people to move around the country. Getting into schools out of term, or just moving generally, creates immense problems in our current system. You cannot even consider a place in a school until you have an address. If you get the wrong address, you may find that there is not a school place within five miles. You have no time, are out of the area, have no local contacts or infrastructure of other parents to talk to to find out what is going on, and no existing school to turn to for advice. Those people most need such advice. It is very helpful to the fundamental economy of this country that moving should be made easier for those people. They should be a target of the system.
I will be interested to hear how the noble Lord envisages that the system will work in practice. If it is aimed at disadvantaged people, how will they be tracked down without an awful lot of the money going into the system being spent just on the process of finding the parents, rather than giving them useful advice?
Baroness Buscombe: I support the amendment tabled by the noble Lord, Lord Skidelsky. One thing that he said that is so important is that all parents lack information. During some of our debates, I have been slightly disturbed when there seems to be the assumption that if one is in the middle classes, one is an evil individual doing everything for one’s child and cares less about everyone else. That is very unfortunate. There are plenty of people out there from all social backgrounds, no matter from where they come, who take very little interest in their children’s education, sadly.
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We must recognise that all parents lack information. It is important that everyone, with relative ease, can access information on choice. We all support the direction in which the Government are going in trying to offer more choice and diversity for parents. Information centres are a very good idea and I agree that they should be independent of the LEA. They must be somewhere central that parents can access. Today, all parents are time-poor. They have enough to do coping with the logistics of family life, so the more access they can have to information about schools, the more perceptions and misconceptions about their child having been unfairly treated will be dispelled. That is hugely important. I speak having listened to parents and from personal experience. Parents need to feel that the process is transparent and that they have open, independent access to the information.
The Earl of Listowel: Sir Alan Steer, in Learning Behaviour: The Report of the Practitioners' Group on School Behaviour and Discipline, draws attention to the need for pupil parent support workers. I am sure that we will come to this later, but I wonder if there is any connection between that role and that of choice advisers. Listening to the debate, it occurs to me that that early function might be a way to engage those30 per cent of parents about whom we are most concerned.
The noble Baroness, Lady Buscombe, raised concern about not putting too much responsibility on the heads of young children. I do not think that the amendment proposed by the noble Baroness, Lady Sharp, would do that, but I reiterate the concern that we should not ask children to decide which school to go to. I am sure that that is not the intention, but I reiterate the concern that we should not ask too much of children. We should involve them in the process, but I know that some parents do not understand this and go too far the other way. They think that their child should be making the decision. That is just a warning.
Baroness Scott of Needham Market: I shall speak briefly in view of the hour. As a rule, as a former member of a local authority, I take a fairly pro-local authority view but, on this occasion, I support the sentiments expressed by the noble Lord, Lord Lucas, on the need for independence of choice advisers from the local education authority. As we move into this much more varied pattern of provision, it is essential that parents have confidence that the information that they receive is not biased.
I wanted to ask about choice advisers and the30 per cent most deprived to try to understand how the choice advisers are to determine who those people are and how they are to have the skills to do that. I echo the point made by the noble Earl, Lord Listowel, that the sort of information that all parents require—hard data about performance, and so on—is not the same information that may be required by parents living in deprived areas who may have multiple problems. I am not clear about what capacity in training and time choice advisers will have to provide
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Finally, the guidance proposes evaluation of cost-effectiveness. I should like an assurance that it is effectiveness in the broader sense that will be evaluated and not only financial effectiveness.
1.30 pm
Lord Adonis: I give the noble Baroness that assurance: it will be effectiveness at large. I also very much take to heart her point on the independence of choice advice. The guidance which I have circulated makes it clear that we expect the information provided to be properly independent. Indeed, paragraph 7 of the guidance states that the information should,
That also meets the point of the noble Lord, Lord Lucas. We are seeking to update the guidance, and there is scope for us to strengthen the points that we make on independence and the type of advice that we expect advisers to make available.
In response to the noble Baroness, I should also say that we are in the process of developing accredited training for choice advisers and guidance for the advisers themselves. As soon as that is available I will make it available to the Committee. I hope that that will meet the noble Baroness’s points.
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