Clause 21
Education and Inspections Bill
1:30 pm

Jacqui Smith (Minister of State (Schools and 14-19 Learners), Department for Education and Skills; Redditch, Labour)
As the hon. Gentleman has spelt out, amendment No. 78 would prevent local dioceses and the Learning and Skills Council from appealing to the adjudicator about decisions on proposals for changes to schools. The hon. Gentleman is right. In the light of the new strategic role of the local authority as the commissioner of education services in the area, the Bill proposes abolishing the school organisation committee and making the local authority the decision maker in the first instance.
We recognise, however, the continuing role and importance of local stakeholders in education in the area. We have made it clear in discussion with the Churches that our intention is that they will continue to have the power that they had as members of the school organisation committees to ensure that proposals go to the adjudicator for decision if they have concerns. In a moment, I shall give examples of where that might be the case. Similarly, the Learning and Skills Council has a legitimate interest in 16-to-19 provision in the area and should be able to ensure that a second look is taken at proposals that affect that age group.
As the hon. Gentleman says, all schools will be able to propose to expand or change their category, and foundation and voluntary schools, including trust schools, will be able to propose any changes to the school that require statutory proposals. It is right, and it may well be welcomed by, for example, the diocese that represents the schools if they are voluntary aided, that that happens. However, we should not forget that one thing that a local authority might be able to do in its decision-making role is to reject proposals from schools, and that the powers of the diocese to refer proposals to the adjudicator could be helpful in ensuring that the matter is considered afresh where concerns are shared.
I thought that the hon. Gentleman might be concerned that it would be possible for the diocese or the Learning and Skills Council to refer decisions such as that of acquiring trust status. In fact, as the clause spells out and we have just discussed, that would be a possibility for the local authority, but not for the other organisations that we are talking about. However, I hope that the hon. Gentleman will recognise that there may be circumstances in which, notwithstanding the importance of the local authority’s decision-making role and the ability of foundation and voluntary aided schools to make the proposals, it is appropriate for the diocese or the Learning and Skills Council to want the adjudicator to take a second look at those decisions.
