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Lord Peston: My Lords, I shared the fears of the noble Baroness, Lady Sharp, about federations, but in general my fears on that subject have been allayed, as I think that she said that hers have been. I should like to address my remarks to Amendment No. 47 in the name of the right reverend Prelate the Bishop of Blackburn. I shall not weary your Lordships with my views on religious schools. But given that we are going to have such schools—it is clear that my view is a minority view—it seems to me that the right reverend Prelate is entirely right in raising the matter that he raises. I have no idea what my noble friend the Minister will say, but I hope that she will respond positively to his request.
My only concern—I should be interested to hear what the right reverend Prelate says on this—is that I would have been slightly happier if his amendment had included, on the question of consent, an additional subsection saying that such consent should not be unreasonably withheld. Other than that, it seems to me that if we are to have such schools, exactly what the right reverend Prelate says is right. I would be most unhappy if the position remained that everyone involved with the school was in favour but, for example, the diocesan authority, on perhaps doctrinaire grounds—I hate to use that expression—simply said "No". Subject to "not unreasonably withheld", therefore, it seems to me that the right reverend Prelate is entirely right, and I hope that my noble friend the Minister can to some extent respond positively to his desires.
Lord Dearing: My Lords, having spoken on this clause on an earlier occasions, I understand the point made by the right reverend Prelate. He did not particularly emphasise the delicate position of those half of the Church of England schools that are voluntarily controlled, in which what I might call the foundation governors are a very small minority of the total. I understand why the right reverend Prelate has raised the point, but I am glad that he has raised it on behalf of all faiths. I agree with the point made by the noble Lord, Lord Peston.
I had anxieties at the earlier stage that the concept of federation left an only one governing body solution. I very much welcome the amendment tabled by the noble Baronesses, Lady Sharp and Lady Walmsley, on confederation. It seems to me to be a very sensible and fruitful way forward in many areas—for example, in solving the problem that may arise in sixth forms, or to maintain the individual schools, yet come together for
particular purposes. I should therefore be grateful if the Minister would anticipate the debate on Amendment No. 49.
Baroness Ashton of Upholland: My Lords, I hope that it will be convenient for me to address these amendments by first giving a brief explanation of how we see federated schools under a single governing body fitting into the wider picture—a point to which noble Lords have already partly alluded.
Our starting point is that federations should enable schools to work strategically together to promote greater collaboration for the purposes of improving standards. However, federation under a single governing body is not the only option. As noble Lords have said, there are already many ways in which schools can collaborate. Under the Bill, we propose to add to that range of options, but it will be for individual schools to decide how and in what form they want to collaborate. How schools decide to do that will greatly depend on what they wish to achieve, how closely they wish to work together, and the level of trust that the partner schools have in each other, particularly when they are considering federating under a single governing body.
At one end of the spectrum we have, for example, informal working and the development of joint curriculum initiatives that are already in place. Of course, such arrangements rely on professional staff coming together. Those arrangements work because people are committed to making them work. In Clause 29 of the Bill, we make provision for governing bodies to come together formally to take joint decisions, either through joint meetings of whole governing bodies or by setting up joint committees with delegated powers. That would allow governors to be involved in taking strategic decisions of mutual benefit to those schools and their pupils.
The amendment to consider confederation of schools, tabled by the noble Baroness, Lady Sharp, will be debated later today. I look forward to that debate. It seems to me that many schools may be inclined to consider the option of coming forward together in a formal way, while at the same time retaining their own individual governing bodies. I do not want to over-anticipate the debate. However, for the purposes of demonstrating the range of options, we want that spectrum of collaboration to provide a confederation option, with each school retaining its governing body, while ceding functions to an over-arching strategic board. That is an option to which I am very attracted.
Clauses 23 and 24 allow for two or more schools formally to federate. For some schools, federation may be a step too far to contemplate, certainly initially. Some schools may want to put a toe in the water and first try a joint committee approach to see how working relationships develop. For those schools that want to slide gently in from the shallow side, a confederation arrangement may provide a useful half-way option on their way to deciding whether that is the route for them.
None of those arrangements needs to be written in tablets of stone for any school. A decision now to take one course does not pre-empt any school moving on at a later date, and no school will be forced to do anything that it does not want to do. Schools may want to move across the spectrum as relationships develop. The various options within this collaboration continuum will allow them to do that.
I know that the noble Baroness, Lady Blatch, argued strongly against the degrouping of schools when the School Standards and Framework Act was debated in 1998. Now that I have set the question of federation in a broader context, I hope that the noble Baroness may see the merit in making that option available to some schools.
I turn specifically to Amendment No. 46. The noble Baroness asked me whether a school forming a company would be allowed to join a federation. The answer is that it would. She also asked whether the governing body of the federation would be the company shareholder. The answer is that it would. Of course, those matters will be subject to all the discussion and debate that schools will have before taking that option.
I want to reiterate again that governing bodies of federations will be required broadly to comply with the stakeholder principles recommended by the Way Forward Group, which, under Clause 18 of the Bill, will be set out in regulations. We believe that it is vital to ensure that a fair balance of interests between the key stakeholders—parents, staff, local education authorities, community, foundation and partnership governors—is secured.
I turn to specific stakeholder groups. In relation to parent governors, we intend to regulate that at least one parent representative from each school within a federation will sit on the governing body of the federation. I understand how important it is that is that schools within a federation remain accountable to the parents of the pupils in each school.
With regard to staff, we do not think that it would be sensible to require each school within a federation to have staff representation on the governing body. One of the goals for federation is to allow strategic collaboration to enhance the joint working that already takes place. We are aware that in many cases schools are already sharing resources, such as staff and facilities. Largely because of that possibility of schools sharing staff, we believe that it should be left to the governing bodies of the schools involved to propose the appropriate staff representation from each school on the governing body of the federation.
With regard to the other stakeholder groups, I again reassure noble Lords that, whatever the combination of schools involved in the federation, each stakeholder group particular to the category of any one school proposing to federate will be represented on the governing body. That means that within a federation including voluntary or foundation schools there will always be a foundation or partnership governor.
I turn to Amendment No. 47. As the right reverend Prelate is aware, the effect of the amendment would be to give the diocesan authority and foundation interests the power of veto over whether certain kinds of school can decide to federate. I believe that my position is consistent, if not to the liking of the right reverend Prelate. The governing body of a school is in the best position to take a balanced decision on whether a federation is in the best interests of its school. However, in the hope of answering some of his queries, I should like to give the right reverend Prelate some detail of the work behind this, and I do so in the spirit of having said on Monday that my door is always open and that there is always room for further consideration.
As part of the decision-making process on whether or not to federate, the governing body will have to consult all interested parties, including parents, staff, community and local education authority interests. Importantly, of course, it will also include trustees, diocesan interests and foundation interests, each of which will be treated as separate entities in the consultation process. I can reassure your Lordships that I fully appreciate the importance of that consultation process. That is why we shall be setting out clear procedures for governing bodies to follow, to ensure that the consultation process is consistent, thorough and fair to each interested party.
Let me assure the House that we shall not remove any rights currently enjoyed by bodies in relation to agreeing the instrument of government. In respect of maintained schools that have foundation governors, the governing body and the education authority of a school are currently required to agree the instrument of government, as well as any alterations to it, with the foundations interests, including those who appoint foundation governors, trustees and, of course, the diocesan authority.
We shall regulate so that that requirement will also apply for the instrument of government to be developed for schools with foundation governors that are federated under a single governing body. If any of the parties I have mentioned, including the diocesan authority, disagree with the instrument of government, or any alterations to it, for a school within a federation involving foundation governors, the particular case will be referred to the Secretary of State. My right honourable friend, having taken representations from the relevant parties, will then arbitrate and come to a final decision. That is exactly the same process that currently successfully applies to any maintained school with foundation governors. It will ensure that the dioceses have the protection of arbitration by the Secretary of State if they disagree with the proposal to federate.
The Secretary of State would need to use her arbitration powers to consider the arguments put forward by the relevant parties on a case-by-case basis. In considering each dispute, she would take into account the differing views. She would weigh any concerns expressed, for example, about the number of governors and the balance of stakeholder interests against any relevant provisions in regulations and
associated guidance. Of course, we intend to consult widely on the content of the provisions before they come into effect.Any of the stakeholder groups, including diocesan boards and trustee interests, will be able to petition a governing body to request that a school leaves the federation. I appreciate that the case may arise where parents and teachers at a school with a religious character feel that it is in the best interests of the school to have its own governing body again, whereas the diocesan board may take a different view. However, as with the proposals to join a federation, the decision to exit should also be taken by the governing body. The whole purpose of federations is to promote collaboration and partnership. It will not benefit pupils if schools are held unwillingly against the wishes of staff and parents.
I understand that many of the concerns highlighted by the right reverend Prelate are related to the fact that we cannot guarantee a foundation majority on the governing body of a mixed-category federation involving voluntary-aided schools and the consequent fear that the religious character of schools in such a federation will be diminished. I repeat my assurance that federation cannot be used in any way to alter the religious character and structural arrangements of a school.
I want to give a practical example of how we shall ensure that the governing body of a mixed-category federation achieves that. We appreciate that, in particular, the appointment of the head teacher may be vital in maintaining the character of a voluntary-aided school. Therefore, we have agreed that if the governing body of a mixed-category federation involving voluntary-aided schools wishes to appoint a common head teacher, the voluntary-aided foundation governor representatives who sit on the federation's governing body will have the right to veto the appointment of the head to their school if they believe that such an appointment would be detrimental to maintaining the religious character of the school.
We are also aware of the issue of reserved teachers in schools with a religious character. If any of those schools opted to share staff within a mixed-category federation with schools of other categories, we would make provision to ensure that, if they wished to appoint reserved teachers, they could continue to do so in accordance with Section 58(5) of the 1998 Act in exactly the same way as individual voluntary-controlled and foundation schools with a religious character are able to do now.
Perhaps I may briefly mention another safeguard which we shall put in place in relation to shared staffing. If schools decide to share staff ahead of federating, then we shall require that to be included in the federation proposals which each school's governing body develops and consults on and which, subsequent to this comprehensive consultation, it is required to accept or reject. If at a later date it is proposed by the federation governing body that schools should share staff after federation occurs, then we shall allow the foundation representatives of
voluntary-aided schools to exercise a veto which would exclude their schools from such arrangements if they considered that the sharing of staff would be detrimental to preserving the religious character of their schools.We shall, of course, discuss with the Churches how a similar arrangement could be written in to allow for the preservation of reserved teachers in a controlled or foundation school with a religious character. In any case, the governing body of a federation will be under a duty to preserve the religious ethos of any school with a religious character.
I hope that that bears testimony to our commitment to ensuring that federations do not diminish the religious ethos of individual schools which choose to become involved in such arrangements. As I hope the right reverend Prelate knows, I am available to him to discuss this matter.
I turn finally to Amendment No. 48. Effectively, this amendment means that schools would not be able to federate. We believe that that would undermine what we see as an important part of the scope for those who wish to collaborate. Federation would allow them to take strategic decisions to improve educational standards across the board by coming together under a single governing body. I believe that federations could yield real benefits and advantages.
I hope that, in speaking to these amendments, I have reassured noble Lords that we have put in place solid safeguards to ensure that each school within a federation retains its own character and structure and remains accountable as an individual school. I do not deny that federations will involve some compromises, particularly where mixed-category federations are involved. However, I firmly believe that the potential for the outcome of improved educational standards through strategic collaboration is a worthwhile objective that should be open to all maintained schools, regardless of their category.
Federation is voluntary. It is for the governing body of each school to decide whether it wishes to federate. No element of compulsion is involved. I ask that we trust schools to decide for themselves whether the improvements that could be gained through federation justify the compromises that may have to be made.
Perhaps I may sum up by placing federations in context. They offer schools one, but by no means the only, model for strategic collaboration. In the light of that, I believe that the option of federation should be open to schools. However, for schools that do not wish to give up their existing governing bodies, federation is not the answer. I hope that with the explanation and assurances that I have provided, the noble Baroness will feel able to withdraw the amendment.
3.30 p.m.
Baroness Blatch: My Lords, first, I am grateful to the noble Baroness for the very detailed reply that she has given both to me and to the right reverend Prelate. Before I respond to what she said, perhaps I may ask two questions because I believe that in the course of that very long answer I missed the relevant points.
First, did the noble Baroness say that the parents, but not necessarily the staff, of every single school will be represented on the federal governing body; that is, that each school will not necessarily have a staff representative? Secondly, does the federal governing body become the employer of all staff, including those of a faith school?
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