The Education Bill: You can have any school you like as long as it's an Academy

So, the new Conservative government has unveiled its vision for education reform and it seems to be to settle accounts with comprehensive community education once and for all.

Nicky Morgan may not have Michael Gove’s gift for generating universal animosity but her actions since the Tories won their majority remind us that politics is not just personalities. Morgan’s Education Bill, published last week represents a nakedly partisan attack, not just on comprehensive community schools but on democracy and, ironically, parental choice.

What the Education Bill will do:

The Education Bill creates a new category of ‘coasting schools’, which the Secretary of State will define later in regulations and that will bring a whole new raft of community schools within her existing power to make an academy order by making them Eligible for Intervention. Intervention will include replacing headteachers (operating with a questionable assumption that there is an endless supply of ‘superheads’ ready to take their places), replacing governing bodies or making an academy order.

In the case of community schools rated by Ofsted as ‘inadequate’, the Secretary of State will have a new statutory duty to order them to become academies. This will make it effectively impossible to argue that the use of an academy order is a disproportionate response to inadequacy. Instead, academy status will become a necessary legal consequence of Ofsted’s rating. (*The legal implications of the Bill are usefully summarised here.). It also rests on the assumption that making them an academy is in itself a solution to this problem. Inadequate academies (surely a logical impossibility in this world view?) will simply be transferred to another academy sponsor.

The Bill seeks to close other so-called loopholes in existing legislation. By ‘loopholes’, Morgan means the statutory duty to consult on any academy order. This was already a weak bit of legislation that gave communities little real say, but nonetheless the Conservatives seem to have found it embarrassing that communities have used the rhetoric of parental choice and the mechanism of consultation to launch some remarkably effective challenges to the academy-producing machinery set up in Whitehall. So that has to go too.

Finally, the bill places a legal duty on governors to promote and facilitate the transition to academy status. So once the machinery swings into action, a school’s governors will have a statutory duty to help the process along the way. Again, it seems that situations like that at Thomas Gamuel in our own borough, where a governing body had to be replaced to remove democratic, community opposition, were proving embarrassing and irksome.

Running throughout the Education Bill is a barely concealed contempt for democracy and community voice. The law that allows the government to create academies was already undemocratic as it removed schools from democratic oversight with minimal process. Now the last democratic spaces are to be shut down and parental choice is revealed as a useful fiction. Nothing is to be allowed to get in the way of the academisation steamroller.

Faith-based policy:

The government will argue that choice and democracy are ultimately trumped by the interests of your child. All this is being done for the children, right? But of course we know that’s not true. As Henry Stewart from the Local Schools Network and others have argued, there is no evidence to support the idea that academy status is automatically beneficial for schools and there is some evidence that academy chains are doing worse than their community school equivalents.

This is remarkable because it shows that what’s happening here is faith-based politics. The government knows that academy status is not a magic bullet but it doesn’t care. It believes, on a fundamental level that community comprehensive school status is inherently wrong and appeals to evidence merely cloud the clarity of that insight. Its faith is based on the idea that the comprehensive experiment, like the welfare state and the NHS, are historic errors that need to be reversed and represent impurities in its emerging education market. And it is reinforced in this faith by the CEO’s of the academy chains who are queuing up to praise this bill the rafters. Just have a read of the quotes on the government’s press release, including from Waltham Forest’s own home-grown Reach2.

What can we do?

In the immediate term, the bill will face opposition, although with the government commanding a working majority and a woefully weak education opposition from Tristram Hunt, it’s difficult to see it being substantially amended. Nonetheless OCOS will be looking to support any attempts to weaken the bill, so watch this space.

However, with such a profound attack on democracy and our community schools, we have to do more. One answer to attempts to close down democracy and exclude people from the school system is to create more democratic pressure. That means that locally, we need to use every opportunity to demonstrate that even where formal mechanisms don’t exist, the voices of parents, teachers and communities can find expression through mass meetings, polls, surveys, protests.

Similarly, if the government and academy chains don’t want us to be involved in our local schools, then we should be getting even more stuck in, using every opportunity to make it clear that we don’t accept their vision and we don’t accept a passive role in our school system.

Finally, we need to continue to build organisations, policies and a vision for an alternative school system. Locally, we have tried to contribute toward this a borough-wide campaign oriented around a positive vision for our local schools, in the form of our Charter for Education and we’ll continue to develop this initiative. But there’s much more to do. Watch this space for more soon.

Academies and Free Schools in Waltham Forest – a roundup of local and national news (1)

Our Community Our Schools was set up in part to oppose moves to establish Free Schools and to convert our community maintained schools into academies. We were pleased when it became clear back in March this year that one of the proposed Free Schools was not going to happen, but the truth is that it’s very difficult for communities or even for teachers to defend their schools. The legislation has been drafted in such a way that small groups of people in Whitehall can collude with sponsors to set up Free Schools or convert schools to academy status almost at will. There continue to be great successes for communities, such as the recent campaign in Hove, but the fact is that the dice are heavily loaded against local communities and democracy.

Tauheedul Free School opens and St Mary’s/St Saviour’s convert

In Waltham Forest, we’ve seen Tauheedul Free Schools Trust open their new ‘Eden School for Girls’ at the Silver Birches site, in spite of considerable opposition and what we said was a disastrously flawed consultation process. It remains to be seen how it will fare in its current premises and how it is able to fulfil its aspiration to recruit 50% non-Muslim pupils.

In addition, St Mary’s and St Saviour’s primary schools announced in September that following consultation they were proceeding with academy conversion. The decision to convert followed meetings at which a total of 28 people were present and a consultation to which 14 people responded. Even assuming that there was no duplication among these people (not a particularly sound assumption), that’s a total response rate of around 9% of the potential parent body. Hardly a rousing episode in our democratic history and certainly it looks appalling when compared with the turnout in a parent ballot to resist the academisation of Thomas Gamuel primary for example. Yet the governors of St Mary’s and St Saviour’s appear content with their mandate and as a result, yet another community school is being removed from our community to become part of an academy trust. And of course it’s worth remembering that the rest of the community had no say in this whatsoever, in spite of the impact it will have on the rest of the borough.

Reach2

Meanwhile the academy chain that started in Walthamstow, Reach2 aims to extend its rapidly growing empire of schools by opening a new primary Free School in Leyton. Reach2 has only existed since 2012 when it was established by Steve Lancashire, the head of Hillyfield school following its conversion to academy status. The chain had two schools by the end of 2012 and 27 by 2014, including Chapel End and Woodside in Waltham Forest. Reach2 has powerful friends in the Department for Education, who have seconded a member of their staff to the academy chain and written a glowing report on their unique model (full of praise for their mission and core values embodied in the concepts of ‘touchstone’ and ‘cornerstone’, etc etc etc). Teaching unions seem less keen. The NUT and NASUWT have been convening Trust level talks to try to get acceptable pay and appraisal schemes across the trust’s schools, but so far without success. Reach2 are also currently refusing to pay into borough-wide schemes that pay for union reps to have facilities time.

OverReach2?

Reach2 appear to operate by taking over ‘struggling’ schools, often as a result of forced conversions and then grouping them within a regional Multi-Academy Trust. This is seen as a way of negotiating the problems that arise when a chain grows fast and takes over individual schools across huge geographic distances (someone really ought to invent some local borough-based way of organising schools, some sort of accountable local body….).

Even the DfE’s glowing account of the rise of Reach2 includes an admission that growing fast and covering huge distances has caused problems for the management of the chain. And this should ring alarm bells for Reach2 as the fast growth of academy chains was criticised in 2013 by the Academies Commission and earlier this year by Ofsted. Basically, it is widely recognised now that there is a real problem providing public oversight of unaccountable academy chains and it’s proving almost impossible to monitor what’s going on.


One result of this is the emergence of scandalous situations such as were seen with the chain AET which had to have schools removed because they were performing so badly.