New Schools Bill published

The Schools Bill, (no apostrophe) foreshadowed in the Queen’s Speech, has now been published as a House of Lords Bill. This means that the legislation starts in the House of Lords before then progressing to the House of Commons rather than the other way around. This isn’t unusual when there is a heavy legislative schedule. For instance, the 2003 Licensing Act started life as House of Lords Bill Schools Bill [HL] (parliament.uk)

The government has issued a set of notes and policy explanations for each section of the Bill Schools Bill: policy statements – GOV.UK (www.gov.uk) Key sections are on Academies, funding and attendance. The Bill is very technical, and looks in its initial iteration to be sorting out some oversight issues to ensure a national education system with minimal democratic involvement, just like the NHS.

I especially like Clause 3

3 Academies: power to apply or disapply education legislation

(1) The Secretary of State may by regulations provide—

(a) for any relevant provision to apply to an Academy (or to a type or 5 description of Academy) as it applies in England to another educational institution, subject to any prescribed modifications;

(b) for any relevant provision which applies in England both to an Academy and to another educational institution not to apply to, or to apply subject to prescribed modifications to, an Academy (or to a type or description of Academy).

There are some exceptions listed, but this is the sort of sweeping power for the Secretary of State that used to worry parliamentarians.

Part Three of the Bill is about School Attendance, and will no doubt carry much of the discussion at the Second Reading next week. The argument revolves around child safeguarding and children’s rights to education versus the right of a parent to decide the education of their child or children. The Bill doesn’t go so far as to require schooling, but it does seek to tighten up knowing what choices parents have made for their children’s education. The establishment of a register may raise questions for the traveller community.  

Sadly, despite appearing in the past two White Papers, I cannot find anything in the Bill about the return on in-year admissions to local authorities. I hope someone may decide to put down an amendment to Section Three to include this provision, not least for the benefit of children taken into care requiring a new school, and those with an EHCP that move into an area with limited special school places.

Even if the government can argue that there are regulations to cover the change, it would still be better on the face of the Bill.

Following the decision on a National Funding Formula, I am not sure what role Schools Forums will play in the future, and whether headteachers will take them seriously anymore?

The Chief Inspector will now be able to ask a Magistrate for an entry warrant in certain circumstances. Along with the provisions for regulation of independent education establishments this continues the theme of protecting children, but some may see it as heavy-handed from a Conservative government. The debate next week will make for interesting reading in Hansard.

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What is the role of a school in its community?

For everyone interested in either the role of a middle tier in our school system in England or in how pupil place planning and support for vulnerable children is handled in the current shambles around the arrangements for schools in England, this is an important report to read. Local authority provision for school places and support for vulnerable children – GOV.UK (www.gov.uk) The recent White Paper on Education was the second one to pledge to change in-year Admissions and this Report indicates why Ministers should act swiftly to make the necessary changes to the current system.

At the heart of the debate about the middle tier is the role of local authorities and the role of academies and the Trusts that run them. The following two quotes from the report sum up current situation nicely in relation to these important issues for the management of our schooling system:

‘Nevertheless, our research also suggested that there are two ways in which academisation can affect local education systems. First, because there are different processes for making decisions and resolving disputes about place-planning and placements of vulnerable pupils for academies and maintained schools, where an “isolationist” school is an academy, it can be more difficult, complex, and time-consuming to resolve issues. Second, while not generalising, school, trust and LA leaders and parents/carers reported that, among the minority of schools that took an “isolationist” approach, these were more likely to be schools that were part of larger regional or national academy trusts.’

‘Furthermore, there was broad agreement among school, trust and LA leaders and parents/carers that LAs were uniquely placed to play this role [place planning]. (In relation to place-planning, a minority of trust leaders and national stakeholders argued that the RSC should be wholly or partially responsible for delivering place-planning.) Whichever way roles and responsibilities are configured, there was consensus about the need for clarity, alignment of responsibilities and decision-making authority, for reciprocal expectations of schools, trusts and LAs around participating in local partnership-based approaches to place-planning and support for vulnerable pupils, and a renewed, more collaborative relationship between local and central government.’

The situation is summed up by a quote from a local authority officer:

‘Nobody wants to roll back the clock. But if we have MATs not working for the best interests of young people in the community, we don’t have any direct levers. We would have to go through the RSC, and not sure they have many levers. A lot of accountability sits with the LA, but the responsibility of delivery sits with schools. Doesn’t feel appropriate. We need some accountabilities placed on academy trusts and schools to deliver expectations [for vulnerable children].’ (LA officer page 106)

We need a system that works for the children seeking an education, and not primarily for those that provide that schooling. This is especially true for our most vulnerable young people and I hope that Ministers will spend time over easter reading this report and then acting upon its findings. State schooling is a public service and must be managed as such.

Public Accounts Committee concerns over the academy system

The Public Accounts Committee (PAC) has today published its latest annual report into the academies sector. Academies Sector Annual Report and Accounts 2019-20 (parliament.uk)

The Committee accepts that the government wants all schools to become academies, but doesn’t yet see a clear path for some types of schools to be able to do so. Such a move to full academisation would remove local democracy from the school system and make it much more like the NHS, with limited accountability, and no guarantee of local accountability. This does not strike me as a good move for democracy. Hopefully, the government’s plans will be set out in the forthcoming White Paper.

Also, of interests, was the PAC’s views on the financial management of academy trusts. Unlike local authorities and maintained schools, Trusts can aggregate funds and do not have to publish accounts for each school separately. Trusts could move funds between schools and create capital for new buildings at one school by levying other schools in the Trust.

The PAC said:

 ‘Academy trusts have been set up as charitable companies, with more freedoms and responsibilities than maintained schools, including being responsible for managing their own finances. There is a tension between this autonomy and the oversight role by the centre via the Education & Skills Funding Agency which is required to provide assurance to the Department who hold ultimate responsibility for the delivery of education in England. The Department provided additional financial support of £31 million to 81 academy trusts in 2019/20 to support financial recovery, build capacity, facilitate a transfer of academy schools triggered by financial or educational factors, or as a short-term advance. Of this, £21 million has been provided as non-repayable funding. The Education & Skills Funding Agency has reported that £10 million of debts held by academy trusts have been written off in 2020–21, including £5 million for one trust. We are concerned that there is a risk that a trust becomes too big to fail and could therefore see large sums of public funds being pumped into it to keep it afloat.’ (Page 7)

Writing off £10 million of debts in one year means cash that could have been spent on children’s education probably disappeared in a manner not possible with local authorities.

Of more concern is the lack of control over senior staff salaries in Trusts. To quote the PAC again;

‘17. The number of academy trusts paying at least one individual above £150,000 increased to 473 trusts (17% of trusts) in 2019/20, from 340 trusts (12%) in 2018/19. Almost two thirds of trusts (1,772; 64%) in 2019/20 reported paying at least one individual between £100,000 and £150,000, compared with just over half (1,535; 53%) in the prior year.’ (Page 14)

This is not a new issue, as my blog from 2018 highlights: CEOs pay: what’s happening? | John Howson (wordpress.com) If there were just 160 local authorities with Directors of Education, how much more cash might be available to schools that is currently disappearing due to the diseconomies of scale inherent in the model of academisation established by Michael Gove in the hurry to pass the 2010 Education Act.

So, no democratic control, high salaries for some, but pay freezes for workers. Not a good structure for our school system when we cannot even recruit enough teachers.

White flag or shifting the blame

There is a saying that one should beware of unexpected guests. For reasons obvious to those that know the saying, it is clear why I prefer to compare it with the other saying of ‘not looking a gift horse in the mouth’ – should that be looking an electric car in the battery these days – but without using the actual expression. No matter, what does matter is whether or not local authorities will be able to form and run Multi Academy Trusts/Committees?

Ever since Mr Gove raced the 2010 Academies Act through parliament in the period before the summer break that year, and less than three months after the 2010 General Election, the Conservatives have wanted all schools to become academies. At that time, local authorities were beyond the pale, and a model with no local democratic involvement, similar to that of the NHS, seemed on the cards for education. Peter Downes a former Cambridgeshire Lib Dem councillor and long time secondary head led the Lib Dem charge at their 2010 September Conference, an event where delegates made their support for local democratic involvement in education very clear to Nick Clegg and David Laws.

Over the ensuing decade, most secondary schools have either opted or been forced to become an academy. All new schools are required to become an academy. However, except in a few parts of the country, academisation of the primary sector schools has been slow and patchy. Many primary schools only became academies are a visit from ofsted resulted in compulsory academisation.

The picture that has emerged around the county is of an expensive mess that could make the reputation of a Secretary of State if change is handled properly with a view to the longer-term effectiveness of the school sector.

There are now noises in the press suggesting that the next White Paper from the DfE might allow local authorities to establish and run Multi Academy Trusts or Committees or some new structure such as a Multi Academy Board might be created. Such a suggestion would effectively be a change of direction on the part of central government. Is it either a white flag or preparing the ground to shift the blame for a period of challenge that will face the primary sector where most maintained schools are still to be found?

There is a third possibility. This is that civil servants have been so impressed by how some local authorities have handled the covid crisis that they now recognise their value as part of the middle tier, especially in handling the large number of small primary schools spread across rural England. Certainly, the work by the local authority team in Oxfordshire, where I am a county councillor, has resulted in an email from a headteacher of a private school expressing thanks for the work of local authority staff. Not something you receive every day.

Allowing or even forcing local authorities to take all schools not already academies into a LAB or Local Academy Board would allow the government to tell the public that all schools were now academies. It would allow local authorities to feel that they might be back in the game of education politics and it would allow for more coherent planning for the primary sector less hampered by the legislation on closing rural schools. This may be important should the National Funding Formula create the need to rationalise the school estate.

Attendance Group must address in-year admissions issue

I recently caught up with news about the DfE’s Attendance Group, and the Minutes of its December meeting.  Attendance Action Alliance January meeting notes: 9 December 2021 (publishing.service.gov.uk)

I am delighted to discover the high-profile nature of membership the Group and that the Secretary of State has taken an interest, as owner of the work. However, although the Group discussed the question of a register for home educated children and the concerns over those children just missing school on a regular basis, I didn’t find any emphasis on ensuring that children taken into care are offered a school palace as swiftly as possible and within set time limits. The same standards also need to be put in place for children with special needs whose parents move to a new location during the school year and need a new school placement.

Taking a new job should not be conditional on whether there is a special school place available for your child.

In a previous post on this blog, calling for a ‘Jacob’s Law’, I laid out the case for in-year admissions to academies not to be held up by such schools not wanting to admit such children. The 2016 Education White Paper: Education Excellence Everywhere recognised there was an issue with in-year admissions to academies because local authorities had no powers to over-rule the decision of a school not to admit a pupil. This was why Jacob was out of school when he died. Time for Jacob’s Law | John Howson (wordpress.com)

Sadly, nothing significant has changed since 2016. I hope that the Attendance Group will consider the issue of in-year admissions at a future meeting, and not just focus on the parents that don’t send their children to school. The system must work for the benefit of all and not just those that are easy to educate. The same is the case of children with SEND requiring in-year admission to a school.

These young people must not be ignored, and just offering tutoring is not the same as admission to a school. Home tutoring doesn’t provide the same social interaction that being in a school provides however good the ‘virtual school’ is at its job.

Of course, there are risks where the school community is hostile to incomers and many schools could well look to improve the transfer experience for in-year admissions that can be even worse than that experienced by pupils transferring at the start of the school-year.

Being taken into care as a school-age child is a traumatic experience, and we owe it to these children to make sure that their education is affected as little as possible. So, it is my hope that the Attendance Group will as a minimum endorse the 2016 White Paper suggestions and, if possible, go further and set time limits for school places to be offered to children taken into care and requiring a new school placement. For most, it wasn’t their fault that they have ended up in the care of the local authority where all the secondary schools are academies.

Academies increase cash balances

Hard on the heels of the Treasury Select Committee’s Report, with its comments on government funding of education – see previous post on this bog – comes the 10th Annual Academy Benchmark Report from Kreston Global Kreston-Academies-Benchmark-Report-2022-Web.pdf (krestonreeves.com) This detailed report raises a set of interesting questions, and also offers pointers as to why the labour market for teachers in the secondary sector may have been so buoyant during January 2022.

The Kreston Report comments that

Once again, we are seeing record breaking in-year surpluses for MATs, whilst secondaries are showing a small increase and Primaries have fallen to 2019 levels. But this top level statistic hides the complex mix of variables giving rise to the surpluses. This result is likely to be a by-product of Covid-19 factors rather than an intentional result. The good news is that fewer Trusts are now in a cumulative deficit position and only 19% had an in-year deficit (2020: 25%).”

And

The size of the in-year surpluses has gone up to record levels; there are less Trusts making in-year deficits, there are less Trusts with cumulative deficits, free reserves are up, and cash balances are up.” (page 12).

The Kreston Report adds that: “From conversations we have had with our Academy clients many were budgeting for in-year deficits or to break even, and were on track for this to happen. “(page 11).

Now, does this mean that a lot of the cash for catch-up programmes is already sitting in secondary school bank accounts? Why wasn’t the saving on supply teachers and other budget heading immediately transferred into support for pupils?

To allow reserves to increase during the pandemic raises questions abut either a lack of congruence between values and budgets or a less than perfect understanding of financial affairs by school leaders? Surely, neither is the case. However, the increase in balances, even if unexpected, does raise some interesting questions about the relationship between decision-making and educational values.

Way back in the 1990s, when I first worked on Assessment Centres for would-be headteachers, this was an issue of concern. Those in education are good at talking, but do they always possess the skills to put their values into actions? What is the relationship between the values of school business managers and education leaders, especially when faced with challenges for which there is no rulebook?

One reason for high cash balances cited by Kreston in the report is my old bugbear, saving for future capital spending. The Kreston Report says this “Some MATs do have a strategy of accumulating funds within the central fund to meet the costs of future capital projects, so this could explain why there are sizeable balances carried forward in some cases.” (page 20) My view has always been that revenue spending should be for today’s pupils, not those of tomorrow, especially when the non-physical environment is so challenged as it has been during the pandemic.

The Kreston report concludes with some interesting benchmark data, but not, as far as I can see, anything on staff recruitment costs. In view of the amount schools can spend in this area, that seems like a curious admission not to extrapolate it from the measure where it is no doubt currently buried.

Taken together, both the Select Committee Report on future spending and the Kreston Report on past trends make for interesting reading for anyone concerned with the education of the nation’s young people.

Start Recruiting now

This is the stark warning to schools across much of Southern England that may need staff this September and especially to secondary schools. TeachVac www.teachvac.co.uk data has shown that the first three weeks of January have witnessed a continuation of the trend at the end of 2021 with a considerable increase in vacancies recorded.

TeachVac hasn’t changed its vacancy collection methods since 2020 but it has seen vacancies listed in the first 19 days of the month in 2022 increase by 14% over the recorded numbers recorded in early January 2020 pre-pandemic, and by a whopping 135% over the depressed level of last January.

As reported in a previous post, design and technology staff will be especially hard to recruit in 2022. Already in 2022, vacancies recorded are 48% up on the same period in 2020. Vacancies for teachers of music are up by an eyewatering 73% on 2020 vacancies in early January.

All these vacancies mean that the pool of new entrants will be reducing at a faster rate than in previous years. High quality trainees will be offered vacancies by schools that understand these trends and are aware of the state of the pool of trainees, either because they run school-based programmes or because their mentors have told them what higher education providers are saying.

TeachVac’s low-cost service can keep school up to date with trends for as little as £100 and a maximum of £1,000 per year that includes listing and matching all the school’s teaching vacancies with TeachVac’s growing pool of register users.

Registration also provides access to far better data than on the DfE site and also intelligence on the state of the recruitment round for trainees for September 2022 and hence the labour market in 2023.

Signing up today at www.teachvac.co.uk and the tab matching service will also bring a free copy of TeachVac report.  Message me if you want more information or use the comment box.

Distribution of physics trainees

The DfE’s ITT Census for 2021/22 was published yesterday – see previous post for the headline data. Over time, it will be possible to mine a great deal of information form the open-source information now provided by the DfE.

Those schools signed up to the new TeachVac service Are you overpaying to advertise your teaching posts? | John Howson (wordpress.com) for a registration fee of £100 plus VAT and  maximum annual charge of £1,000 plus VAT will be able to ask TeachVac staff to match this data with regional data for their area to help predict possible local labour shortages during 2022. So, if you are a school governor, headteacher or work for a MAT or diocese do read what is on offer and go to Teaching Jobs School Vacancies – The National Vacancy Service for Teachers and Schools (teachvac.co.uk) and hit the red tab at the top labelled New Matching Service

Taking physics as an example, the DfE data shows that the 537 trainees in the census are spread unevenly across the country.

Government RegionHEISCITTGrand Total
East Midlands292150
East of England161531
London5777134
North East12618
North West581674
South East6645111
South West371047
West Midlands341347
Yorkshire and The Humber332255
Grand Total342225567
Source TeachVac from DfE ITT census 2021   
Distribution of physics trainees

Approximately 43% of trainees are located in London or the South East, with just eight per cent located with providers in the West Midlands. This can be important because London and the South East contain a significant proportion of the country’s independent secondary schools. Such schools are more likely to advertise for a teacher of physics than do most state schools.

Many of the remaining selective schools are also in London and the South East, and they are the state schools most likely to advertise for a teacher of physics rather than a teacher of science. If just a quarter of the trainees in London and the South East opt to teach outside the state sector, this reduced the pool national to little over 500 trainees many of whom will be on school-based courses and not looking for a job on the open market.

A slightly different picture emerges for design and technology

Row LabelsHEISCITTGrand Total
East Midlands231033
East of England131629
London204363
North East4711
North West16521
South East212142
South West211132
West Midlands52961
Yorkshire and The Humber252449
Grand Total195146341
Distribution of design and technology trainees

Source TeachVac from DfE ITT census 2021

Here the North West looks like an area where recruitment will be a real challenge whereas the West midlands seems relatively, and it is only relatively, better off for teachers of this subject. However, we know nothing about specialisms with the subject.

This type of information is key to sensible recruitment planning and should play an important part in discussions about the working of the leveling up agenda in education at the level of the school.

Prudent measure or wasted opportunity?

The DfE has recently published details of the revenue balances held by academies and Trusts. Academy trust revenue reserves 2019 to 2020 – GOV.UK (www.gov.uk) Unlike maintained schools that follow the local government financial year, the academies financial year follows a September to August pattern, broadly in line with the annual cycle of school life. The different financial years would make comparisons between the two sectors difficult, but doesn’t prevent comment and analysis about the state of finances in either sector.

The DfE document contains this useful summary

Summary

At the end of the academic year 2019/20

• 95.9% of trusts had a cumulative surplus or a zero balance.

• 4.1% of trusts had a cumulative deficit.

• The average revenue reserve across all academy trusts was £1.15 million.

• The average surplus balance, of trusts with a surplus, was £1.22 million.

• The average deficit balance, of trusts with a deficit, was £376,000.

• The total cumulative surplus across all academy trusts was £3.17 billion.

• The total cumulative deficit across all academy trusts was £42.1 million.

• The total net financial position of all academy trusts was a cumulative surplus of £3.13 billion.

Trusts average reserves – In 2019/20 average revenue reserves across academy trusts were £1.15 million, compared to £0.96 million in 2018/19, an increase of 20%.

In 2019/20 the average surplus balance was £1.22 million, compared to £1.05 million in 2018/19, an increase of 16%.

The average deficit balance in 2019/20 was at £376,000, compared to £381,000 in 2018/19, a decrease of 1.3%.

Trusts average reserves as a percentage of income – average academy trust reserves as a percentage of a trust’s income stood at 11.4% in 2019/20, compared to 10.8% in 2018/19.

This last fact will no doubt raise some eyebrows, as putting more than one pound in every ten received into reserves doesn’t suggest a system in the financial crisis that is the regular message from the frontline in education. Of course, putting cash aside to pay auditors bills and other future expenditure is a prudent idea. However, saving across a Trust for a specific project benefiting only one school is somewhat against the spirit of budgets being devolved to schools, and one of the criticism that used to be levelled at local authorities when they were responsible for schools.

Removing local democratic accountability for schooling should not have allowed unelected bodies to either build up large reserves or to favour certain schools over others. I have always maintained that the concept of revenue funding is to provide the funds to educate the pupils of today and not to save for the future education of others. Perhaps it is time that the National Audit Office had another look at the nature and purpose of these reserves held by academies and the Trusts to which they belong?