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We have seen the raft of tests and the like that come through once you begin. One feature mentioned in the report is the new financial management standards. In my little primary school, fortunately one governor came from business and we had a good bursar, and the two of them spent three months trying to translate those into the new standards. We meet the standards, but it was an enormous burden on them. Now you have the direct passporting of money to schools, central government lay down how much should be spent per pupil, what is to be taught to different age groups, the numbers of staff and support staff needed, what sort of training the staff have, how after-school activities shall be conducted, and all kinds of things like that. What is the overall impact? I spoke to the head of one of our large comprehensive schools, who happens to sit on the governing body of the further education college, just after the report came out. I gave him a copy and said, “You might be interested in this. As a matter of interest, can you do me a back-of-an-envelope calculation of how much of your time is taken up by translating all the stuff for the school?”. The e-mail I got back from him stated:
“I have spoken to some of my Headteacher colleagues about the amount of time they spend on dealing with government directives, legislation, advice and guidance and they agree with me that it is now approximately 50 per cent of our daily working”.
Everybody knows that heads of schools are vital. If you get a good school, it is usually because you have a good head and a good little team around them. The time that the head can give to leading that school is vital. We do not want them having to sit with wet towels round their heads trying to interpret legislation; we want them to be leading their schools. Education is
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I was interested in what the noble Lord, Lord Filkin, said at the end of his speech. Last week, I attended the presentation of the final report of the Nuffield study that has been going on for the past five years. It was asking: what sort of curriculum do we need for our 14 to 19 year-olds? It ranges widely, but its conclusion on policy and policymaking was rather interesting and picks up the point made by the noble Lord, Lord Filkin. Perhaps I may read noble Lords a short paragraph, which states:
“We have argued that ‘fast politics’ and policy busyness is essentially manipulative, in that it tends to exclude, frustrate and demoralise social partners whose efforts are needed to shape and deliver effective educational reform. There is, therefore, a strong case for a new style of politics from the perspective of both equity and efficiency. There is a role for slower politics based on a regard for professional experience and judgement and the perspectives of different social partners”.
That brings me back to my head teacher. If you are to motivate and carry people like that along with you, it is vital that you do not frustrate them with too many initiatives. If we look across the “initiativitis” that we have suffered in our public services over the past 10 or 20 years, we should have cause to reflect. This committee’s report is very good in terms of starting that reflection.
1.26 pm
Baroness Verma: My Lords, I join other noble Lords in congratulating the noble Lord, Lord Filkin, and the Merits Committee on this very informative report. It highlights the great pressures that overburden can place on a sector that has already had so many changes, initiatives, targets and demands laid at its door that the professionals within it barely have time to bed-in one government demand before another comes along.
Much of what I was planning to say in my speech today has already been said by several noble Lords. However, a number of points are worth repeating. It is crucial that schools are not continually burdened with the weight of increased bureaucracy while trying to carry out the functions that they are employed to do. I have met many great head teachers who are inspirational, visionary and full of innovation and commitment to ensuring that their students reach their full potential. These enthusiastic engines in schools must be allowed to make progress without hindrance.
Research undertaken by the implementation review unit found that, during 2006-07, more than 760 communications were sent to schools from the Department for Children, Schools and Families and its national agencies. Surely the Minister must accept that this is excessive, adds to the burdens of implementation and distracts providers of learning from the job in hand. The report clearly highlights the concerns felt by those in the schools sector about overload and micromanagement by central government. As the noble and learned Baroness, Lady Butler-Sloss, said, the National Governors’ Association—it is worth repeating—said that,
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- “endless piecemeal change has become one of the main reasons given for leaving the job. It is not unruly and undisciplined children that are forcing good teachers and governors out of our schools; it is unruly and undisciplined legislation”.
In responding to the report’s recommendations, will the Minister say whether she agrees with her colleague in another place, Jim Knight, that ongoing regulation is needed if the Government are to deliver their manifesto policy in an environment that has a very high degree of delegation? The teaching sector would probably think that that is an unhelpful view. What action will the Government take to ensure that, as Recommendation 1 in the report suggests, the Department for Children, Schools and Families should strengthen its gate-keeping activities, particularly by minimising the burdens placed on schools by regulations issued by other government departments? It should also look at how statutory instruments are worded and ensure that they provide clarity to those who are expected to deliver them, as the noble and learned Baroness, Lady Butler-Sloss, said.
The National Association of Head Teachers drew attention to school leadership and to those who were expected to implement the communications. It argued that there were too many SIs and associated initiatives, which had a direct bearing on the ability of less experienced school leaders to consider SI regulations, unlike experienced school leaders, who would consider and prioritise the regulations and their implementation. These SIs and initiatives impose unnecessary pressures on school leaders at an unacceptably early stage of their careers. Can the Minister say what measures will be taken to ensure that new school leaders are given sufficient support to understand and deliver the relevant communications? Furthermore, does she agree with the report’s Recommendation 3, that:
“Schools should be given at least one full term’s lead-in time between the notification of a new requirement in a statutory instrument and the commencement of that requirement”?
In May this year, the Prime Minister said in a speech to the National College for School Leadership that regulating burdens on schools needed to be addressed. He said that,
- “government also needs to know where to step back. Academies and Trusts have additional freedoms, but we must look harder at how we can rationalise the statutory duties, correspondence and guidance that schools receive ... And so, in doing so, we will free up schools to push forward the frontiers of innovation ... So, as government steps back and offers greater freedoms, we must support the leadership of our schools to step forward”.
In supporting what the Prime Minister said in May, will the Minister assure us that the recommendations made by the Prime Minister and Jim Knight, who said that the Government would want to take a view about whether it would be possible to replicate certain aspects of the academies model more widely in the system, will be implemented? Will she also assure us that the new schools Minister will continue to lessen the burdens on schools, given that he is a member of the Socialist Education Association, which has been very vocal about ending the academy programme? Will she also say whether Recommendation 6 in the report will be implemented, especially if the Government think that the light-touch regulatory framework for academies is appropriate and successful and that lighter touch should be extended to all maintained schools?
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The IRU has expressed concerns about the number of SIs that the Government have introduced and the impact that they have had. It reported:
“We doubt that the excessive use of secondary legislation (and statutory guidance) concerned almost entirely with mandatory processes that schools must adopt rather than outcomes they should achieve is the most effective way of equipping schools to make the maximum contribution towards those outcomes”.
The then Schools Minister, Jim Knight, said in May this year that SIs would be assessed through impact assessments. Can the Minister say what progress has been made and whether any information is available to show that the Government are serious in their considerations? I ask this in view of the Apprenticeships, Skills, Children and Learning Bill currently being debated in your Lordships’ House. I know that the Bill has raised a great number of concerns among many organisations about the increased burdens that they face, and I suspect that those fears will be compounded by the prospect of a whole new raft of SIs that will follow. It would be useful if the Minister could provide assurances that these matters will be addressed, particularly the point raised by the right reverend Prelate about the number of consultations to which schools are expected to respond.
The teaching profession must have flexibility, particularly in its recruitment processes, if it is to attract talented people. Sadly, the number of teacher vacancies is a symptom of a sector weighed down by too many initiatives, too much bureaucracy and too much form-filling, added to the increasing incidence of teachers having to deal with disruptive pupil behaviour in the classroom.
The report suggests a common commencement date for SIs and a lead time of at least a term so as to assist teachers in preparing for an SI’s implementation, particularly as schools also bear the pressures of SIs brought through by other departments. Will the Minister ensure that this gets immediate attention to alleviate some of the pressures currently felt by schools? Will she say whether post-implementation evaluation will take place and stakeholders then consulted? Will there be feedback before subsequent implementations are applied?
The report has raised a number of recommendations. Witnesses who have contributed in their evidence all raise the concerns felt by many noble Lords here today. My noble friend Lord Lucas raised the very important point on the capacity of schools, particularly small schools, to respond to the burdens of implementation. My noble friend, the noble Lord, Lord Filkin, and others in the committee have worked with great expertise to produce a balanced report, to which I hope the Government will respond with enthusiasm. I will listen with great interest to the Minister’s response, as I suspect that we shall visit this matter again.
1.35 pm
Baroness Thornton: My Lords, I begin by thanking the Select Committee and noble Lords for having undertaken this important inquiry and the debate today, and I thank my noble friend Lord Filkin for opening the debate. It is a great honour to be replying to such a distinguished committee of experts.
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I am pleased to say, particularly to the noble Baroness, Lady Verma, that the Government have already welcomed the report of the Select Committee on the Merits of Statutory Instruments because we recognise that at its heart it identifies a key challenge: the need to rationalise the impact of the statutory duties, correspondence and guidance that schools receive. The Government agree with the committee on the importance of removing barriers and obstacles to delivery in schools so that teachers can focus on teaching and learning—and head teachers on leading their schools, as the noble Baroness, Lady Sharp of Guildford, said. The Department for Children, Schools and Families has made a commitment to significant changes in response to the recommendations in the report.
The 10-year programme outlined in the Children’s Plan included the aim of achieving world-class schools and an excellent education for every child. This aim is central to all new policies impacting on schools. My intention in my remarks is to address each of the main recommendations of the report and then address myself to specific points made by noble Lords.
Noble Lords will recognise that legislation is an important tool for any Government in setting clear frameworks and instructions for delivery and providing equity and high standards across the system to ensure that every child benefits from an excellent education. However, the department is aware of the difficulties which arise from an accumulation of regulations, described eloquently in this debate and in the report. I would contend that we are steadily reducing the volume of statutory instruments impacting on schools. Wherever possible, regulations are consolidated to make it easier for schools to access information and reduce the risk of non-compliance. I intend to expand on that in my remarks.
Notwithstanding the remarks of the noble Lord, Lord Turnbull, noble Lords will understand that secondary legislation allows for a great deal of flexibility. Consultation with stakeholders often throws up the need for amendments to procedures. Many statutory instruments have been welcomed by schools, parents and other stakeholders. For example, the school admissions code enjoyed cross-party support. The committee’s report states that the department should shift its primary focus away from the regulation of processes through statutory instruments. However, as my right honourable friend Jim Knight, the then Minister responsible for schools, pointed out in his response to my noble friend Lord Filkin, legislation is just one of the mechanisms available to help the Government achieve their ambitious vision for world-class schools, but it is by no means the department’s main focus. The Government also effect change in schools in many other ways, through support and guidance, funding incentives or the accountability provided by Ofsted inspections and the school improvement partnerships. Indeed, many of the initiatives mentioned by the noble Lord, Lord Lucas, through research and pilots are included.
The department is committed to minimising bureaucracy in schools and the number and quality of statutory instruments impacting on them. We believe
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We agree with the committee that it is important to manage the planning and production of secondary legislation. One function of the department is to systematically review and challenge the amount of regulation in the system. In response to the committee’s recommendation, the department will be strengthening its systems to monitor and review the quality of statutory instruments and accompanying guidance. I undertake to keep my noble friend and his committee informed of progress in that respect, although I suspect that it will show interest in that progress.
A gate-keeping function is provided by the Implementation Review Unit, a panel of experienced schools practitioners with a specific remit to advise the Government and other agencies on issues of bureaucracy in schools. Although funded and supported by the department, the unit has a guaranteed independence which enables it to set its own agenda and challenge the department on bureaucracy issues. The work of the panel helps the department to minimise the bureaucracy associated with regulations from all government departments. The current review of the Implementation Review Unit will further strengthen the department’s aim to remove barriers and obstacles to delivery in schools.
Engaging effectively with stakeholders throughout the policy-making process is key to the successful implementation of policy in practice. As noble Lords will know, it is a requirement to consult interested parties on proposed changes to regulations. I note the comments made about the number of consultations. This is one of those situations where we are damned if we do and damned if we do not. Apart from anything else, consultation means that there is an early-warning system about proposed changes and that we seek the views of stakeholders and interested parties to make sure that those changes best reflect the needs of the sector. That is an important and powerful tool to ensure good applicability.
The department has a regular and productive dialogue with a wide range of school workforce unions, which advise the Government on workforce reform, as well as providing valuable input into the policy-making process. There are several other groups with school practitioner members who provide input into the department’s policy processes, such as the primary and secondary head teacher reference groups.
We acknowledge the committee’s recommendation that there should be a focus on outcomes rather than the regulation of processes. That was especially emphasised by the noble and learned Baroness, Lady Butler-Sloss. The debate on outcomes tends inevitably to focus on testing and on results at age 11 and 16. That continues to be important, but the Government focus on wider outcomes for children as set out in the Every Child Matters framework. All five outcomes in that framework are vital for children and young people if they are to fulfil their potential. The new school report card system
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The current system for school accountability has served to drive real improvements in attainment. New Relationship with Schools set out a clear approach to school accountability focusing on outcomes. The upcoming White Paper referred to by several noble Lords will develop the reforms started with the new relationship even further, by strengthening the role of school improvement partners in challenging and supporting schools.
Moving on to more technical but no less important issues, as my noble friend Lord Filkin recognised, the Government agree with the committee’s recommendation that there should be a commencement date of 1 September for all statutory instruments affecting schools. The House will appreciate that there are some situations where an urgent change is required, which will lead to some exceptions. However, the department has committed to a systematic approach to commencement dates in response to this recommendation. The department will also work towards a lead-in time of at least one full term between laying a statutory instrument and its commencement. I am pleased to be able to tell noble Lords that we have already made progress in this area, and always try to ensure that reasonable time is given for consultation on new secondary legislation, including parliamentary consideration. I take the point made by the noble Baroness, Lady Sharp, about the pressures that that puts on governors in ensuring that guidance is implemented.
That brings me to communications with schools. The Government agree with the recommendation of the committee that communications to schools should be improved, informed by advice provided by practitioners. We are led by what practitioners say, which is a key point in the report. As my right honourable friend Jim Knight outlined in his response to the committee, the department is already working hard to improve the accessibility of its communications. All central communications to schools are co-ordinated through one bi-weekly e-mail, which clearly differentiates between statutory and non-statutory guidance. This e-mail now contains concise headlines, so that schools can access essential information more easily. A new online service is being developed in consultation with stakeholders that will bring together all content from the department and its agencies. I hope that will address some of the points raised by the noble Baroness, Lady Deech. I thought they were very pertinent and very important for how we deal with this issue and solve these problems.
The Government agree with my noble friend Lord Filkin’s point that effective policy making, including meaningful consultation with stakeholders and post-implementation review, is the key to successful implementation on the front line. The department has recently been working on strengthening its—as it were—customer focus and impact assessment in all its policy making.
The Government also agree—this is a very agreeable speech—with the committee that post-implementation review is an integral part of the policy-making process. This was mentioned by many noble Lords, particularly
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Specific statutory instruments will now be assessed and reviewed through impact assessment. The Better Regulation Executive in the Department for Business, Innovation and Skills is working on updated guidance to make clearer how review findings should be published.
I shall turn to some specific points made by noble Lords. I was very struck by my noble friend Lord Filkin’s opening remarks. We have known each other for some time. His remarks reflected the accumulated wisdom of his time in public service and his record. He pointed to the collective burdens facing head teachers. I hope he will feel that the Government have taken this report seriously, which we do. He and my noble friend Lord Rosser were right that academies are regulated in a different way from other schools. We are evaluating those differences at the moment.
I am not going to follow the noble Lord, Lord Lucas, into his piles of nappies analogy of the work of the Merits Committee because it made me wonder about what takes place at its meetings. However, he made some important points about implementation and the burden of regulation. I hope he will feel that the Government are taking this report seriously. The noble and learned Baroness, Lady Butler-Sloss, gave the department quite a poor grade for its co-ordination. I thought C- was the direction that we were heading in, but I hope she will acknowledge that there is a willingness to improve and that my remarks show that we are moving in the right direction so that her next report card will reflect that. She asked whether the department sufficiently listens to the Implementation Review Unit. We listen carefully and respond to concerns about the implementation of the Government’s ambitious aims for schools. The IRU continues to have a key role in advising the department and highlighting its productive engagement on the contents of the forthcoming White Paper and in its recent memorandum to the Merits Committee.
I welcome the right reverend Prelate the Bishop of Bradford to his first week as our duty Bishop. We might meet on the train going home to Bradford this afternoon. He made some pertinent points about the challenges facing head teachers, as did the noble Baroness, Lady Sharp of Guildford. I do so agree with his comment about the importance of getting the vision and values right.
The right reverend Prelate made specific points about headship qualifications. Under the old national professional qualification for headship, the conversion rate was low, as some teachers used it as a continuous professional development opportunity rather than seeing it as a route to being a serious and immediate candidate for headship. The new NPQH had its first entry in September 2008 and is a much more focused qualification, with a stringent test on entry to ensure that the candidates intend to take up the leadership involved in headship. We expect the conversion rate to be much higher.
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The right reverend Prelate also talked about small schools in rural areas and the pressures on small schools, particularly in more remote areas. The Government recognise those issues, and partnership opportunities are available to schools to share resources such as governance, leadership and business managers to reduce some of these pressures.
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