Tag Archives: local authorities

The importance of place in education governance

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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 about children in care and education

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Here are the details of another recent question about the education of children in care. After some years of being overlooked, these vulnerable young people do seem to be once again receiving the attention that they deserve.

Emma Lewell-Buck MP recently asked the Secretary of State for Education, how many schools have refused to admit looked-after or previously looked after children and were subsequently directed by his Department to do so in the last three years.

Nick Gibb, the Minister at the DfE gave the following written answer:

The Department recognises that looked after children are amongst the most vulnerable in our society. That is why the School Admissions Code requires admission authorities of all schools to prioritise looked after children and previously looked after children in their admissions criteria. Local authorities (LAs) have the power to direct the admission authority for any maintained school in England to admit a child who it ‘looks after’, even if that school is full. Therefore, the Department does not hold information on individual applications to maintained schools made on behalf of the looked after child. The Department itself can direct a maintained school if required, but so far it has not had to. For academies, trusts and LAs work together at a local level to prioritise the admission of looked after children. As a last resort, a LA can request a direction for the academy to admit from the Secretary of State, via the Education and Skills Funding Agency (ESFA). The ESFA has collected and recorded data on such direction requests since March 2017. Since then, there have been 28 requests. However, the ESFA have successfully worked with LAs and academies to ensure that a formal direction was only required in four cases.

I think it would have been helpful to make clear the difference between the normal September admission round and in-year admissions that I suspect most of these refusals are about. Now is surely the time to remedy the confusion of in-year admissions and return them to the same footing as the normal admissions rounds, administered for all publically funded schools by local authorities as suggested in the 2017 White Paper.

The EFSA does seem to be more alert to the issue than previously and I hope that those local authorities that parked this issue in the ‘too difficult to handle’ box will now, once again, take on these academies and free schools that treat corporate parents differently to any other parent making a request for in-year admission.

The government might also like to reflect how these children fare if placed in an area with selective secondary schools? I don’t like such schools as a matter of principle, but they do exist and undoubtedly some of the young people would have passed the selection test if they had been in the locality at the time the test was administered to their age cohort. How many children taken into care have been offered a place in a selective school?

With a large increase in the number of children taken into care in recent years, society really does need to ensure everything possible is done to help them through a difficult period in their lives, including providing the best quality education possible.

 

More National Schools

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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.

At least everyone is now talking about teacher workload

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DfE press officers were unusually busy yesterday, with several announcements made to coincide with the Secretary of State’s speech at the NAHT conference in Liverpool – not a professional association solely for primary leaders, as some seem to imagine, but for leaders in all schools.

One of the most important announcements was that of the formation of a Workload Advisory Group to be chaired by Professor Becky Allen, the director for new Centre for Education Improvement Science at UCL’s Institute of Education. The appearance of senior representatives from the teacher associations among the membership makes this look like a reformation of the former body that existed under the Labour government. Assuming it produces proposals that are accepted by the DfE, then this Group should help Ministers restore some morale to the teaching profession by signalling that they are taking workload concerns seriously.

Announcements about the treatment of so called ‘coasting’ schools and forced academisation may well sound, if not the death knell, then certainly a slowing of primary schools opting to become academies. Why give up relative independence under local authority administration for the uncertain future as part of an Academy Trust, where the unelected trustees can decide to pillage your reserves and move on your best teachers and there is nothing you can do about the situation. That’s not jumping from the frying pan into the fire, but taking the risk of walking out of your house and leaving the front door wide open.

Hopefully, the Secretary of State is starting to move towards resolving the twin track governance system that has emerged since Labour and the Conservatives jointly decided to have a fit of collective amnesia about the key importance of place in schooling and also demonstrated a complete lack of the need for any democratic oversight of local education systems. My Liberal Democrat colleagues that demonstrated no opposition to academisation during the coalition government are, in my view, almost as equally to blame as the members of the other two main political parties for not recognising the need for significant local democratic involvement in our school system.

The Secretary of State might now be asked to go further and adopt the 2016 White Paper view that in-year admissions for all schools should be coordinated by local authorities; a local politician with responsibility for schools should also once again have a voting position on schools forum rather than just an observer role, especially as the NAHT have pointed out the growing importance of the High Needs Block and SEND education where links between mainstream schools and the special school sector is a key local authority responsibility. http://www.naht.org.uk/news-and-opinion/news/funding-news/naht-analysis-of-high-needs-funding/

The idea of a sabbatical mentioned by the Secretary of State was discussed in an earlier post on this blog, but there was little else on teacher recruitment in his speech.

If you want to listen to my thoughts on the present state of teacher recruitment, then Bath Spa University have just published a podcast in their Staffroom series where I answer a series of questions. You can access the podcast at https://soundcloud.com/user-513936641/the-staff-room-episode-10-crisis-in-recruitment and my interview is followed by a discussion between leading staff at the university on the same topic.

 

Update on Leadership trends in the primary sector

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Some primary schools are still finding it difficult to recruit a new head teacher. Around half of the 151 local authority areas in England have at least one primary school that has had to pace a second advert so far this year in their quest for a new head. In total more than 170 primary schools across England have not been successful at the first attempt, when looking for a new head teacher.

As some schools are still working through the recruitment process for the first time, following an advertisement placed in April, the number of schools affected is likely to increase beyond the current number as the end of term approaches. Some 25 schools have had to place more than one re-advertisements in their quest for a new head teacher. London schools seem to be faring better than those in parts of the North West when it comes to making an appointment after the first advertisement.

As expected, some faith schools and schools with special circumstances: small school; infant or junior schools and those with other issues feature among the school with more than one advertisement.

The data for this blog comes from TeachVac, the no cost to schools and applicants National Vacancy Listing Service for teaching posts in schools anywhere in England that is already demonstrating what the DfE is spending cash on trying to provide. See for yourself at www.teachvac.co.uk  but you will have to register as TeachVac is a closed system. Such a system prevents commercial organisations cherry picking vacancies and offering candidates to schools for a fee. (TeachVac published a full report on the primary leadership sector in 2017 in January 2018.)

Time was, when appointing a deputy head teachers in the primary sector wasn’t regarded as a problem. Are candidates now being more circumspect when it comes to applying for deputy head teacher vacancies? Certainly, so far in 2018, a third of local authorities have at least one school that has had to re-advertise a deputy head teacher vacancy. The same parts of the county where headship are not easy to fill also applies to deputy head vacancies. This is an especially worrying aspect, since the deputy of today is the head teacher of tomorrow.

Assistant head teacher vacancies are still relatively rare in the primary sector, so it is of concern that 37 local authority areas have recorded at least one vacancy that has been re-advertised so far in 2018. London boroughs that have fared well at the other levels of leadership, seem to be struggling rather more at this level of appointment.

Is this data useful? What should be done with it if it is useful? The DfE have cited data as one of their reasons for creating their own vacancy service, but it will be 2019 at the earliest and possibly not until 2020 that they will have full access to this type of essential management data.

If there is a valid concern about filling leadership positions in the primary sector at all grades then, at least for academies, the government needs to understand what is happening and arrange for strategies to overcome any problem. That’s what strategic leadership of the academy programme is all about. As Labour backed academies in last week’s funding debate, they should work with the government to ensure all academies can appoint a new head teacher when they first advertise. The government should also recognise the role of local authorities in helping with finding new school leaders for the maintained school sector.

Educating children taken into care

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Reflecting on my years as a secondary school teacher during the 1970s in Tottenham, I am sure that I taught many of what are now being called the ‘Windrush Generation’. These were the children from the Caribbean that followed their parents that came to Britain to help overcome the labour shortages faced by many public sector and nationalised industries in the 1950s and 1960s; nurses; bus drivers and conductors and railway porters and guards, as well as station staff working on the London Underground. I well recall the passion for the education of their children that was a feature of many of the parents attending open evenings.

Regular readers of this blog will know of my concerns for another group of young people that I view as being ignored by too many policy makers at Whitehall, hopefully not just for the sake of convenience and perhaps not ‘rocking the boat’. These are those children and young people taken into care and placed by a local authority outside of their local area; usually for very good safeguarding reasons, but sometimes because of local shortages of foster homes with appropriate experience.

In some cases, these young people are being denied an education, as schools either refuse admissions in-year or take inordinate lengths of time making up their minds. It is hard enough being taken into care, but to see your education disrupted through no fault of your own is to be punished for something that isn’t your fault. Tutoring isn’t the same as schooling and is often a poor substitute for these young people.

The DfE has a meeting later this week of civil servants and local authority officers that regularly discuss admissions issues, as well as exclusions and home to school transport matters. It is worth reminding the group that two years ago the 2016 White Paper mentioned returning powers over in-year admissions to local authorities. Such powers would go a long way to solving the problems facing these students.

Please will readers of this blog also ask their contacts to take up this issue and secure a decent education for these young people? I know that in some areas there have been concentrations of such children that can cause challenges for certain schools, especially secondary modern schools as the children mostly come from areas with non-selective secondary education and haven’t passed an entrance examination, even if the selective schools had any places in the appropriate year group, which most don’t. These schools may need extra help through a tweak in the Common Funding Formula, both nationally and by the local Schools Forum.

I would hope that Education Scrutiny and Oversight Committees around the country might also like to look at the issue of the educational outcomes of children taken into care and how they could be improved.

These are a group of young people that must not be allowed to become casualties of our system: they deserve better from us all regardless of our political persuasion.

School places still needed

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Pupil place planning is at the core of a successful education system. The DfE has recently published a new Statistical First Release about school capacity 2017: academic year 201/2017. https://www.gov.uk/government/statistics/school-capacity-academic-year-2016-to-2017

The headline is that 825,000 places have been added to the school estate since 2010, a net increase of 577,000 primary places and 248,000 secondary places. Between 2016 and 2017, 66,000 primary places and 23,000 secondary places were added. As is generally known, the pupil population has been increasing and that increase has now started to reach  the secondary sector after a period where rolls in secondary schools had been declining: indeed, they still are a the upper end of some schools.

Whether or not new schools are needed to cope with the growth in pupil numbers depends upon the degree of spare capacity in the system: hence the DfE’s capacity surveys. However, that capacity has to be in the places where it will be needed, otherwise it is of little use. During periods of reducing pupil numbers canny local authorities always used to try to close their worst schools whether selected on performance grounds or because of the state of the buildings. They know that when pupil numbers started increasing again someone, usually central government, would have to pay for a new school. The decline in local authorities’ power and influence in education rather put a stop to this practice, but a couple of academy chains have closed schools that were uneconomic because they couldn’t attract enough pupils.

The DfE latest finding was that the number of primary schools that are at or over capacity has remained relatively stable since 2015, following a long term increase. The number of secondary schools that are at or over capacity has increased slightly since 2016, following a long term decrease. This suggests that the growth in the primary school population may be nearing its peak, at least at Key Stage 1. The DfE confirms this, by stating that local authority forecasts suggest primary pupil numbers may begin to plateau beyond 2020/21. Secondary pupil numbers are forecast to continue to rise as the increase seen in primary pupil numbers arrives in the secondary phase. Indeed, secondary school rolls will continue to increase well into the next decade. This is good news for anyone thinking of secondary school teaching as a career.

I have some concerns that the capacity in the secondary sector may not be increasing fast enough to meet the demands of the known increase in the school population. While it is still easy for a local authority to work with a developer over the creation of a new primary school for a housing estate, few estates are large enough to generate a developer provided secondary school. Asa result, the DfE will almost always have a bigger role to play in the development of new secondary schools.

At least in Oxford, the track record of the Education and Skills Funding Council in ensuring enough secondary places is mixed. All new schools must be ‘national’ schools under the free school and academy badges. County place planning identified a need for a new secondary school in Oxford City by 2019. An academy chain offered to sponsor a new school –call it a free school or an academy, it doesn’t really matter – finding a site was always going to challenge the local authority and the EFSC has now reached a position where the school seems unlikely to open in 2019. Such a situation is unacceptable to me. If the local authority had failed, parents could take the feelings out on local councillors at the next election. Civil servants in Coventry are protected from such democratic action, but I suppose might risk their jobs if local MPs felt affected. In this case, there are no Tory MPs in the City of Oxford and indeed, at present no Conservative councillors at any level of government.

If the government cannot take front-line responsibility for school place planning and the delivery of these places, then it should be fully returned to competent local authorities across England.

Top slice maintained schools?

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There are growing reasons to be concerned about how the two systems of school governance; maintained and academy are working. A brief look at the accounts of any multi-academy trust with more than a couple of schools will show a figure for central costs. Assuming that the MAT has no other income, the funding for these costs will normally have had to come from the schools within the MAT. Should the remaining maintained schools, not yet academies, be top-sliced in a similar manner by local authorities rather than just offered the chance to buy back services on a traded basis?

This issue has once again surfaced because in a report published this week, Ofsted said of Newham Council in London, following an Ofsted a visit to a primary school that wasn’t a normal inspection visit:

‘The local authority has provided some support to the school in managing the manipulative and sometimes abusive correspondence and comments made by email and across social media. However, considering the position the school found itself in, and the fact that some correspondence appears to have been coordinated, the local authority’s approach has been perfunctory at best, stopping short of supporting the school in its policy position. Instead, the local authority has positioned itself as a moderator to manage relationships between the school, councillors and community groups. The expected level of emotional care and public support for school staff from the local authority has been too limited and, as a result, ineffective.’

Now this school had faced a high pressure campaign around a particular set of issues. Should the local authority have had the funds to offer the school its full support as they would have done in the past? The alternative view presumably, is that schools, whether academies or not are now funded as if they were on their own and if they want that support they can buy it.

This question follows on neatly from the Ofsted monitoring report on St Gregory the Great School in Oxford mentioned here in the post on 19th January https://johnohowson.wordpress.com/2018/01/page/2/ in which Ofsted criticised the multi-academy company for the manner they were handling the improvement of the school from its rating as inadequate. Clearly, the MAC can use central costs obtained from its schools to offer support. Indeed, the local Anglican MAT in Oxfordshire has appointed a primary adviser from central funds.

Should we treat the remaining maintained schools as if they were a local authority MAT or not bother with the issues of governance and support for these schools? In passing, there is a third group of converter standalone academies that raise another set of issues over the question of support.

With the common funding formula starting to be implemented from April, some schools may be top-sliced where their neighbour down the road isn’t yet receive the same level of funding. Indeed, why should schools hand over part of their declining income to cover central costs, if maintained schools aren’t required to do so?

How should local authorities react? They are even more strapped for cash than schools, having borne the brunt of government cuts over the past eight years: you only have to look at Northamptonshire’s financial situation to see the depth of the problems councils face.

Ofsted cannot expect more from local authorities without recognising that someone, either the school or the government will have to pay for that support. If MATs can top-slice, should local authorities also be allowed to do so?

 

 

Not Full Circle?

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In the early 1990s, I sat on Oxfordshire’s Education Committee. At that time, we were forced to outsource the county’s school meal service. The contract went to an offshoot of what was then CfBT,. After several changes of direction and contractor, the one constant was the need to outsource such services. With the coming of local management by schools, first grant maintained schools, then academies and finally all schools were allowed to do their own thing and decide either who to appoint or even to provide the meals service themselves. With the collapse of Carillion, the question is whether the wheel is now turning again and creating a climate for a politically controlled in-house delivery of services once again?  Of course, while schools retain the purchasing decisions, as the budget holder, there will never be a return to the previous system of a centrally imposed system.

In the early days of this blog, in 2014, I wrote about some of the issues facing councils and contractors, especially over the savings in staff costs -see https://johnohowson.wordpress.com/2014/07/28/private-or-public/ and I wonder whether another stage in the cycle of government contracting is starting to emerge. In the immediate post-war period of central planning, public bodies often ran most services. There was no profit element to consider, but cost controls were of variable quality. The Thatcher era saw a mass transfer of services to private companies, with an expectation that costs would fall. Maybe some did, but others didn’t and some benefitted from the proceeds of technological change that drove down costs, but didn’t create competition and didn’t always drive down prices.

However, when costs have been reduced, it is clear that the profit element in a contract is often paying for more than the risk involved in the enterprise, especially where it is services that are being provided. I recognised this when I set up TeachVac and the DfE presumably recognise it with their latest attempt to establish a vacancy service for schools and teachers. In education, the problem is that many of the budget holders, schools, are too small to gain purchasing power, except where they can purchase locally.

Can and should democratically elected local authorities play a part in providing services to schools? We shall see. There are clearly those on the right of politics that see State provided services as an anathema. Presumably, they are not happy with the DfE creating a publically operated vacancy service for teachers?  I have yet to see any opinion from them, but it is an interesting test of where they see the limits of state action?

Finally, back to the Carillion saga. Fortunately, Oxfordshire had been in the process of recovering the contracts for both construction and facilities management services outsourced in 2012 to Carillion. This is as a result of pressure from councillors of all political parties. From 2014, issues about school construction projects not meeting deadlines were regularly raised at political group briefings. Oxfordshire’s residents are fortunate that the County has no Party with a large majority and every incentive for opposition parties to hold the ruling group’s feet to the fire over the management of services. But, in education none of this solves the bigger governance issues around the two parallel systems of academies and maintained schools.

Levy or a tax on small schools?

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I wonder how the Apprenticeship Levy is working out in your part of England. Many primary schools have had to pay into the Levy because, as maintained schools, their local authority is the ‘de jure’ employer. Academies and voluntary schools, along with free schools, generally escape the Levy, unless part of a Multi Academy Trust with a pay bill of more than £3 million.

In Oxfordshire, the primary schools are likely to pay just short of half a million pounds over the course of the financial year into the Levy. With a Teaching Apprenticeship not up and running in time for this September that leaves either support or other staff apprenticeships or the possibility of using the cash to develop the existing teaching force through advanced apprenticeships as a way of accessing the Levy.

In my book, preparing primary teachers for a leadership position would have been a useful way to spend the Levy. Now, I am not clear whether it can only be spent in the school from where it has been collected or whether, as the ‘employer’, a local authority can aggregate the cash rather than see it not being used.

In former times, this would have been a task for an officer overseen by a director, perhaps after a discussion at a committee meeting. Contrast this with the cabinet system, where, if the Cabinet Member isn’t interested, it is difficult to see how policy is formed unless a particular officer is prepared to make an effort. In constrained financial times, such as local authorities now face that seems unlikely in many authorities: perhaps readers can tell me different in their experience.

There is a further problem thrown up by the cabinet system. When seeking information in public, do you ask a question of cabinet member for finance, as the department collecting the Levy; the cabinet member responsible for education activities, as covering the operational area or the cabinet member responsible for human resources as they should be informing other operating areas about the policy for handling the Levy? With only one question at a Cabinet Meeting, councillors, at least in Oxfordshire, cannot afford to make the wrong choice if they want to be able to ask a supplementary.

Nationally, I wonder whether the teacher associations have been as ‘on the ball’ about the consequences of the Levy as they could have been. The last thing I want to see is financially hard-pressed primary schools paying into a fund that isn’t then spent for their benefit. I still wonder why there wasn’t more of a fuss about taxing the smallest schools while letting off some of the larger schools. This doesn’t seem equitable to me, especially when funding is so tight. Added to all the other cost pressures on schools, this is another nail in the coffin for the small village primary schools. Is that something the present government wants to achieve: surely not?