‘intervene fast… take the serious action necessary’. Promises

Why has the Regional School Commissioner for North West London and the South Central Region not issued any warning notices to any school about poor performance since the end of 2016? The updated DfE list of such notice published earlier this week  https://www.gov.uk/government/publications/list-of-letters-to-academy-trusts-about-poor-performance reveals that the last notice issued was in December 2016 and that was to a school issued a pre-warning notice at the start of that year. Indeed, all the schools issued with notices in 2016/17 had previously received an earlier letter, meaning no new school in the region has been added to the list since early 2016.

Is the Office of the RSC not communicating to the DfE or has the RSC decided that the Secretary of State’s words in his speech to the NGA that ‘on those rare occasions when a school is failing – be in no doubt – we will intervene fast and we will take the serious action necessary’ doesn’t apply in the North West London and the South Central Region?

It cannot be that there are no Inadequate schools within the region, although there may not be many. The RSC appears also never to have issued any sort of notice to a school run by any of the faith groups in his region. This may explain why the school I highlighted in my previous blog post hasn’t received any overt indication of concern about performance, except from Ofsted when it declared it Inadequate in the spring of 2017 and received expressions of further concerns in the two follow-up s8 monitoring reports.

Is the RSC for the North West London and the South Central Region trying a new policy, at variance with the words of the Secretary of State, by seeking to improve schools beyond the glare of publicity? Interestingly, the figures for number of notices issued by the North West London and the South Central Region are also matched by some other regions that have also not published any notices in 2017/18, whereas the RSC for the South West has issued five of the 12 notices in 2017/18.

There are clearly Inadequate academies, as rated by Ofsted, in the regions where no notices have been published in 2017/18  as well as previously rated Inadequate schools where progress to return to an effective standard of education has been unsatisfactory. How are RSCs handling these schools now the notices seem to have fallen out of fashion? How will the Secretary of State’s promise to intervene fast be acted upon if the general public do not know what action is being taken by an RSC?

The Secretary of State has also promised more openness from Headteacher Boards and their minutes, so that is one possible way forward. Local politicians might also like to call RSCs before their Education Scrutiny Committee to given an account of how the RSC’s Office is raising standards in their local area among the academies and their Trusts. Oxfordshire’s Education Scrutiny Committee has been holding such meetings for the past three years with the RSC or their Office. Sadly, the ESFC have yet to agree to such a meeting despite two academies being in financial special measures for more than two years.

 

Tackling Academies and Trusts

Dear Secretary of State,

When addressing the NGA recently, you said;

On those rare occasions when a school is failing – be in no doubt – we will intervene fast and we will take the serious action necessary.

In relation to maintained schools you also said that ‘an Ofsted Inadequate judgement alone would lead to hard action to convert a Local Authority maintained school to an academy.’ However, you didn’t say what intervention would mean for an existing academy declared Inadequate by Ofsted?

Can you explain what action will be taken where the school declared Inadequate is already part of a multi-academy trust?

Where the school is also under financial special measures, one might expect some form of obvious action, such as a published notice of intent to close by the Regional School Commissioner. Where the school has well above average absence rates one might expect action to intervene fast, if you mean what you said.

Now, either your words were empty rhetoric in relation to academies or you really do want all schools to be good schools and will take steps to improve inadequate schools. Can you please reassure me that no school in Oxfordshire would be allowed to drift for more than a year after being declared an Inadequate Academy by Ofsted and with a recent monitoring inspection that concluded that ‘Leaders and managers are not taking effective action towards the removal of special measures.’

If this is not a case for the use of your policy of fast intervention, perhaps you can explain why it doesn’t meet your criteria.

You are also going to take action about the transparency of multi academy trusts and the pay of those that work in central offices administering the Trust. This can only be a good thing. In Oxfordshire several of the Trusts with headquarters outside the County pay their CEOs more than the £150,000 level you recently wrote to Trusts about, whereas according to their published accounts, none of the Trusts with its headquarters in Oxfordshire has come close to this limit.

Many primary schools are not now willing to join a Trust or even become an academy because once the decision has been made it is irrevocable. However, a Trust may either broker a school to another trust or in extreme circumstances give up the school altogether, but a school may not leave a Trust, even if the terms on which it agreed to join change dramatically. Such a risk doesn’t seem worth leaving the certainty of their present governance arrangements in the eyes of many governors, especially where the central charge may be little different to that offered for the purchase of traded services by their local authority.

Your speech did little to dispel the fog of uncertainty about how the system of schooling across England works for the benefit of all pupils. Please consider how all schools can work together and where there are many MATs in an area who has the ability to coordinate both their actions, those of academies not in Trusts and the remaining maintained schools whether they are voluntary or community in nature.

The importance of place in education governance

Is it time to reinvent LEAs? The Local Education Authority, democratically elected and supported, when there were also Education Committees responsible for the LEA, by persons of experience in education and representatives of teachers and any diocese with voluntary schools in the locality had a great advantage over today’s muddled arrangements for education. This was a geographical sense of place.

Should we return to a place based system of education with a degree of local democratic control and oversight? Reading the news about an academy head paid £270,000 leaving at short notice; about an academy trust with a £1.5 million deficit and a school turned around despite rather than because of the Trust it was a part of at the time, I do wonder whether the dislike of local authorities that was a feature of both main political parties for so many years has actually managed to produce a system that is worse than before: costly, undemocratic and in many cases lacking in a public service ethos.

The idea of Regional School Commissioners and head teacher boards hasn’t worked. Neither, now the money distribution is controlled to a large extent in Whitehall has the idea of the Schools Forum, bereft as they are of any really political accountability and link to policy making.

Would we have a funding crisis if local politicians were more involved in policy-making for the schools in their local area? I don’t know, but in some parts of the country we now have a generation of local politicians with little or no engagement with the local schools service and its development.

One has to ask the question about developing local resilience in terms of pupil places, teacher supply and a coherence for career development and effective professional development. Do competing and overlapping MATs willing to swop schools or just give up if the going gets tough present an education system that is resilient to local needs? Does it matter if there is no local democratic accountability? After all, who cares about the future?

Support for my concerns has come in a new report by academies at LSE and a lawyer from the Matrix Chambers. http://www.lse.ac.uk/News/Latest-news-from-LSE/2018/06-June-2018/Academisation-of-state-education-has-reduced-freedom-and-autonomy-for-schools published this week.

They conclude that despite some benefits of academies, there is on the other hand, ‘the lack of transparency in the way academies are run. In contrast to maintained schools, where decisions are taken by governors appointed through an open process, academies are run by ‘trustees’, whose opaque appointments are not subject to openness rules which apply across other areas of public life.’

The authors recommend that:

To address fragmentation within the education system, the authors recommend statutory intervention. Restoring a local democratic role where academies operate under legal contracts with the local authority, rather than the Secretary of State, would help strengthen schools’ relationships with their stakeholders. The authors also recommend a new legal framework enabling academies to revert to become schools maintained by the local authority, as opposed to central government.

I am not sure that I could have put it better.

 

 

 

More National Schools

It seems as if the government has decided that the next wave of free schools are going to be created in the worst-performing areas of England, particularly the North East. Officials are apparently to establish the next wave of about 35 new schools in the bottom third of lowest-performing areas, according to the BBC. Since this is a part of England where pupil rolls are generally either static or not rising as much as elsewhere, such a move will have a disproportionate effect on the budgets of other schools now that there is a common funding formula. I am sure that the DfE will take this factor into account in their planning.

In the past few weeks there have been a number of parliamentary questions about both free schools and academies. The government revealed that between 2013/14 and 2017/18 eight free schools had closed and another will close in the summer of 2018. Interestingly, one of the early closures, The Durham Free School, was located in the North East, where the government is now looking to create their new wave of such schools.

Alongside the closed free schools, there are 14 academy sponsors that to use the DfE jargon are ‘paused’. According to the Minister in an answer to a parliamentary question, an academy sponsor is paused if any or all of the following conditions exist:

  • significant concerns with educational impact;
  • serious financial concerns, for example where the Education and Skills Funding Agency has issued a financial notice to improve due to financial non-compliance, breaches of funding agreements; and/or
  • serious concerns about the leadership or governance of the sponsor, which may include due diligence and counter extremism issues.

Academy sponsors remain on pause unless and until the concerns that led to them being paused have been resolved. Just because a sponsor is not on pause does not mean it is automatically allowed to take on more schools. A rigorous process is followed for all sponsorship decisions.                                                                              Answer to PQ 146287

Even though a sponsor has to meet one, two or all of these tests, it seems likely that the outcome may be at the discretion of the Regional School Commissioner. In my view there should be a clear national policy on how these tests are applied, including for faith schools and their diocesan sponsors.

The government has also released the details of the number of academies that have been re-brokered since 2013-14. (Note not 2013/14) In total, 332 academies have moved Trusts during the period 2013/14 to 2016/17, with some more no doubt since then. As the number of academies has increased, and many schools either became academies or at  least started the process of doing so during the period when Mr Gove was Secretary of State, so the number moving Trusts has increased, from just 15 schools in 2013-14 to 165 in 2016-17. The PQ didn’t state the cost of the exercise and how many other schools might be stranded in limbo awaiting a new sponsor.

The governance arrangements for schools across England is now a mess. Schools that stay with a local authority know that they might have a new group of politicians in charge after an election, but in most cases the same group of officers will be in place; although the disruption to schools in Northamptonshire following the collapse of the County Council reminds us what is possible. However, schools joining a MAT can suddenly find their central services provided miles away from a group of staff they have no connections to and that may not understand their concerns. Such schools have no way out and no appeal mechanism against being moved or even traded between Trusts.

Frugal innovation

I heard this term used this morning in an interview broadcast on the BBC from the Hay Festival. My first thought was that is exactly what TeachVac has been trying to achieve. The best solution at the lowest price. Next week marks a key point in the 2018 recruitment cycle for schools. Serving teachers must have resigned by the 31st May, in most schools, if they are to leave at the summer and either retire or take up another position. Some may also opt to change to part-time working.

By the end of next week schools will know the shape and size of the challenge facing their staffing arrangements for September. Most will either be fully staffed or perhaps have a last minute vacancy because of the promotion of an existing colleague. A few schools will be facing real challenges in completing their staffing and may be looking to either change the curriculum or find the best fitting person still available in the market.

At TeachVac www.teachvac.co.uk we have provided a free service to schools and teachers for the past four years and alerted thousands of teachers to possible job opportunities. All this has cost nothing to anyone.

Since 2016, the DfE has been engaged in a process of establishing a similar service and the £984,000 contract was awarded in February to digital specialists DXW according to a recent article in SchoolsWeek. This sum is far in excess of the total operating costs of TeachVac since its inception. I don’t regard the DfE’s efforts as a frugal innovation even to meet government IT standards.

There has been changes across the recruitment market in the past two years. The TES has launched a subscription service and from next month SchoolsWeek will revise its recruitment advertising rates and stop its print version https://schoolsweek.co.uk/schools-week-is-changing-were-going-digital-first/ Along with other players such as eteach and The Guardian, as well as many local authorities, these services all charge schools for advertising vacancies.

TeachVac is free and up and running successfully. The DfE site doesn’t appear to have made it into BETA testing before the end of the key 2018 recruitment cycle. Ministers really do need to ask whether they are creating a value for money service and whether a joint arrangement between interested parties from across the education scene might create a better and cheaper option that could be operational nationally from September.

Next week TeachVac will be looking to identify the schools with the most vacancies so far in 2018 and comparing them with their profile on free school meals and attendance measures. I was asked about this at the recent APPG on the teaching profession, held last Monday at Westminster. The DfE won’t be able to answer this question before 2020 at the current rate of progress, whereas TeachVac can do so now. TeachVac can also identify the requirements of schools advertising vacancies in composite subjects such as modern languages – is German dying out as a language being studied – and how bad is the crisis in physics – do schools ever mention the word in their adverts for science teachers? TeachVac has already alerted schools to teacher shortages in various subjects and expects to publish more alerts next week.

 

 

 

Reviewing Ofsted

The National Audit Office Report issued today about the work of Ofsted seems to have received coverage that is slightly unfair to Ofsted. But, as an inspection body, it is an organisation it is easy to regard with distaste or even hate. https://www.nao.org.uk/wp-content/uploads/2018/05/Ofsteds-inspection-of-schools.pdf

Interestingly, in January this year I asked a question at Oxfordshire Cabinet about schools not inspected since 2010.

Could the Cabinet Member please identify those primary schools that have not had an Ofsted inspection since 2010 with the year they were last inspected and whether they are maintained schools or academies – if an academy, which MAT they currently are associated with of if they are a standalone academy.”

Most not inspected were outstanding schools, but two schools had only been rated ‘good’ in their last inspection report. There was confusion among officers when complying the reply to my question, because Ofsted lists on their web site the letter that goes to schools on conversion to an academy and, in some circumstances, this might look as if Ofsted had inspected the school when in practice it hadn’t.

I think the NAO’s overall judgement of Ofsted is fair.

24 Ofsted provides valuable independent assurance about schools’ effectiveness and as such is a vital part of the school system. It has faced significant challenges in recent years, as its budget has reduced and it has struggled to retain staff and deploy enough contracted inspectors…..

25 The Department plays an important part in whether the inspection of schools is value for money. The Department affects Ofsted’s funding, how it uses its resources and what it can inspect. The current inspection model, with some schools exempt from re-inspection, others subject to light-touch inspection and the average time between inspections rising, raises questions about whether there is enough independent assurance about schools’ effectiveness to meet the needs of parents, taxpayers and the Department itself. Although government has protected the overall schools budget, it has reduced Ofsted’s budget every year for over a decade while asking it to do more.

NAO Report, May 2018 page 11

As the DfE now realises, and the NAO acknowledges, the complex governance nature of the education system in England does not effectively work in favour of helping school improvement. The removal of funding for local authority inspection and advisory services across much of the country, in the lemming like desire to push all funds to schools, didn’t help with intelligence gathering and the lack of action at regional school commissioner level also hasn’t helped.

How do you improve an academy declared inadequate by Ofsted and with the worst attendance record of all secondary schools in the county for the autumn term after it declared inadequate if the regional school commissioner won’t take action and the diocese responsible for the MAT of which the school is part has failed to improve the school? Would a former municipal Education Committee have allowed this state of affairs to linger on without resolution?

What can Ofsted do, other than continue to report while children’s education suffers? This is surely a much more important question than why 0.2% of the target for inspections was missed over a five year period.

The most important conclusion of the NAO Report is ‘that Ofsted does not know whether its school inspections are having the intended impact: to raise the standards of education and improve the quality of children’s and young people’s lives.’ (Paragraph 20 of the summary). The government must make clear how that gap can be closed, and provide the funds to ensure that improvement is supported effectively progress monitored and any failure to improve has consequences. Such a system should include a key role for democratically elected local authorities.

 

Headteacher Boards: Value for money?

Last week, the Minister, Nick Gibb, was asked by Labour’s Angela Rayer about the cost of Headteacher Boards. There are the Boards set up to help the DFE over the issues relating to academies, by providing support to their Regional School Commissioner. The Board has a mixture of elected and appointed members. The Minister’s answer, reproduced below, is illuminating.

The compensation paid to elected, co-opted and appointed members of the eight English Headteacher Boards (HTBs) was £472,530 for 2017/18. For 2018/19 that cost is expected to be approximately £450,000. The Department has not yet profiled the budget for years beyond 2018/19. The schools/trusts of each HTB member are paid £500 per day when head teachers attend HTB meetings, plus in some cases, £250 for half-day reading/prep time. If HTB members are not serving head teachers, this money is paid directly to them.

Written Answer: 142872 15th May 2018

On top of this there are the secretariat costs associated with serving the purpose of the Boards. At present, Readers can find the minutes of decisions from these Boards and other information about their roles at https://www.gov.uk/government/organisations/schools-commissioners-group/about including the register of interests of both commissioners and board members. The government has announced that there will be greater transparency

On the day following the written answer quoted above, another Minister, Nadhim Zahawi provided more information about the government’s thinking on these Headteacher Boards.

My right hon. Friend, the Secretary of State said in his recent speech to the National Association of Head Teachers conference that he wants greater transparency about the workings of Regional Schools Commissioners (RSCs) and Head Teacher Boards (HTBs) that advise and challenge RSCs. The department will work with the sector over the coming months to develop proposals, for consultation in the Autumn, to support a clear and simple accountability system. This will build on the information already available regarding RSCs and their work, including academy transfers. We currently publish records of HTB meetings. In July 2017, we produced updated Terms of Reference for HTBs as part of the summer HTB elections. We publish conflicts of interest registers for HTB members and RSCs, as well as information on the roles and responsibilities of the RSCs and criteria for all relevant types of RSC decisions

Written Answer: [143140 16th May 2018

In Oxfordshire, where I am a county councillor, the Education Scrutiny Committee has held an annual meeting with the Regional School Commissioner for our area or a member of his staff if he could not attend. The Committee regards such meetings as part of their function in monitoring and understanding the policies behind the operation of academies of all types educating children in the county.

Personally, I have not always felt that there is enough transparency or urgency when academies face problems. Spending nearly half a million on a set of Boards that process information may provide some legitimacy for the process, but whether or not it is good value for money is another matter. Could the cash be better spent elsewhere?

 

Absence rates are still a concern in some schools

Earlier today the DfE published the results of the data collected about pupils’ absence from school during the autumn term of 2017 https://www.gov.uk/government/statistics/pupil-absence-in-schools-in-england-autumn-term-2017 Not a lot had changed since the previous autumn term and the overall picture has remained broadly at the same level now for three years. However, as the DfE concede, – levels of authorised absence have decreased, while the levels of unauthorised absence has increased.

For state-funded primary and secondary schools, the authorised absence rate decreased from 3.3 per cent in autumn 2016 to 3.2 per cent in autumn 2017 and the unauthorised absence rate increased from 1 per cent in autumn 2016 to 1.1 per cent in autumn 2017. Part of the increase was down to the fact that that the level of absence among persistent absentees rose slightly from 11.4 per cent in autumn 2016 to 11.5 per cent in autumn 2017.

Illness is the most common reason for absence and heavily influences overall absence rates.  It accounted for 58.3 per cent of all absence in autumn 2017, a lower proportion than seen in previous years; it was 58.4 per cent in autumn 2016 and 58.8 per cent in 2015. This variation from autumn term to autumn term can be the result of winter illness patterns and in particular whether the flu season starts early or not. The level of absence for religious reasons is also variable from year to year; depending upon when major moveable festivals appear in the calendar. In 2017, there were some dates that fell outside of term time and that reduced the number of days pupils were absent.

Authorised family holidays are now very largely a thing of the past, but there is still an upward trend in days lost to unauthorised holidays, albeit the increase from the previous year was relatively slight. For some families the fine can be seen as just another expense as part of the overall holiday costs and if the holiday price is cheaper in term time there may actually be a cash saving even if it can affect a child’s education.

Interestingly, just over a quarter of pupils had no recorded absence in the autumn term. However, the trend towards not arriving on time is gathering pace, with 266,905 recorded occurrences. Not a huge number, but the highest figure for the past few years.

I fear 14-18 schools frequently seem to appear close to the top of the list of schools with well above average absence rates. In Oxfordshire, three of the eight schools with the worst overall absence rates are 14-18 schools. I need to check whether there are issues about how some pupil activities in these schools are recorded. Otherwise, it seems likely that turning schools into academies hasn’t proved a magic bullet in terms of curing high levels of absence: leadership is, I suspect, much more important than school organisation in bringing down absence rates. It might be worth asking MATs how much of their central funds are aimed at reducing absence rates in schools where it might be an issue?

Red alert for English

TeachVac, the free National Vacancy Service for teachers, trainees and schools today warned of a ‘red’ alert for schools seeking to appoint a teacher of English. TeachVac www.teachvac.co.uk issues such an alert when the volume of vacancies tracked is sufficient since the 1st January of that year to have absorbed 80% of the total trainee numbers as recorded in the DfE’s annual ITT census. TeachVac has issued red alerts for English in previous recruitment rounds, but never as early in the cycle as mid-May. In 2017 the alert was issued at the end of May and in 2016, not until late into the autumn term.

TeachVac, where I am chair of the Board, says that the situation in English is complicated by the large number of trainees in the DfE’s census on programmes such as Teach First and the School Direct Salaried route. These trainees are not usually available to all schools. If their numbers are removed from the census total, then in some parts of England it is quite possible that all trainees will have been offered jobs by now. That is already the situation in subjects such as Design and Technology and Business Studies. TeachVac is also monitoring the position in science very closely, as a recent upsurge in vacancies has meant the percentage of trainees remaining is likely to be approaching critical levels quite soon. Full details are available to schools registered to use the TeachVac service that has saved schools many millions of pounds in recruitment advertising, at no cost to the public purse.

Regular readers of this blog will not be surprised by any of the above, since it was clear at this point last year that not all training places would be filled. The scale of the shortfall was confirmed when the DfE issued the ITT census data late last autumn. In reality, the latest data is just confirming what has been known would be the case for the past twelve months.

As the 2018 recruitment round is looking worse than at this point in 2017, and there will be even more pupils in our secondary schools in September 2019 than in this coming September, the signs are for an even worse situation in 2019 unless a new supply of teachers can be found from somewhere.

With the abolition of external agencies such as the TTA and NSCL of former years, Ministers have nowhere to hide and nobody else to blame if the crisis deepens. Setting up a task group, as has been put in place for workload, might offer Ministers some breathing space, as might a helpful pay settlement that boosted entry pay and provided for a salary for all during training along with pension credits.

The sad thing is that unless something is done, schools in many parts of the country will be paying large sums to recruit for those unavoidable January 2019 vacancies and some private sector companies will be making profits out of the situation.

A fudge with no teeth

Today’s political announcements about the shape of new school places in England might mark a turning point. Conversely, it might just be a neat solution to two problems that needed a resolution. First on grammar schools, and the £50 million funding for the expansion of places. Let me state at the outset that I am opposed to selective education, especially at age eleven. I believe that the Liberal Democrats should campaign to remove these schools even though the Lib Dems run councils in Sutton and now Kingston upon Thames in London that have such schools within the council boundaries.

The BBC has an interesting chart showing what has happened to the size of grammar schools between 2009-10 and 2015-16. Of the 20 such schools shown, all have expanded. https://www.bbc.co.uk/news/education-44067719 Whether this means that the remaining 140 or so grammar schools haven’t changed their intakes isn’t mentioned. As I have remarked before, the government faced a dilemma. With pupil numbers rising sharply in many of the areas in the Home Counties and outer London where a disproportionate percentage of grammar schools are to be found, doing nothing would effectively decrease the percentage of pupils in these areas able to attend a selective school. Such a policy risked creating the worst of all worlds; not pleasing those that want the abolition of grammar schools, but also upsetting parents who would find it difficult to secure a place for their offspring in an increasingly competitive application process. Today’s announcement will, the Secretary of State no doubt hopes, placate the latter while doing no more than enrage the former, but without lasting political damage, and be seen as the best compromise on offer.

Liberal Democrat Education Spokesperson Layla Moran has said in a press statement: “Grammar schools are the wrong answer to the wrong question. This money should be spent on local schools so that every young person across the country can get the education they need to prepare for the future.” But has stopped short of calling for the removal of these schools. Perhaps this is because such a policy is already implicit in the Lib Dems approach to education. I summed much of that approach as I see it in a recent chapter in a book by the Social Liberal Forum that I co-authored with Helen Flynn. A review of the book can be seen at https://www.libdemvoice.org/a-21st-century-liberal-approach-to-education-57473.html albeit written by a committed Liberal Democrat.

How the government will enforce the rules on selection, offered as a sop to opponents of selective schools and a fig leaf to make the policy more attractive overall, is an interesting question. I assume it is to be just a fig leaf. After all, will any new rules apply to applications for all the places at the schools that take the money or only to applicants for the additional places funded through the new cash for the extra places? This would potentially create two admission rounds: one for existing places and the other for the new Hinds’ places. The latter might perhaps only be open to pupils from certain primary schools with, say, a history of not sending any pupils or only very small numbers to the selective school sector. Alternatively, the rules might stipulate only pupils on Free School Meals in the year they apply for a place. One might envisage some other such permutations. All would need monitoring, plus a clear set of sanctions, especially where the selective schools are not co-educational schools, but the primary schools in the area are co-educational.

The other announcement today, about faith schools, is potentially more momentous and deserves a blog post of its own.