3 March 2006

On the 28th February, Education and Skills Secretary Ruth Kelly published her controversial Education and Inspection Bill that aims to deliver the radical reforms needed to further drive up standards in our schools, especially in deprived areas. Measures to support stronger partnership, new curriculum entitlements, better discipline, a powerful strategic role for local authorities and turning around failing schools are at the heart of the Bill.

The Bill will provide a guarantee that primary legislation will ensure no return to selection by ability, announcing a series of measures to toughen up school admissions practices, including a bar on interviewing, a more robust status for the School Admissions Code of Practice and greater powers for Admission Forums.

Ruth Kelly said:

“In the last eight years we have seen a transformation in the quality of education in this country. Excellent standards of teaching, radical reform and record levels of investment have gone hand in hand to deliver 5,800 more good or excellent primary and secondary schools today than in 1997, record test and examination results, and fewer failing schools.

“But still more than 40 per cent of children do not get 5 A*-C GCSEs, so we cannot afford to stand still.

“Specialist schools have become a mass movement for higher standards, now outperforming non-specialists by 11 percentage points at GCSE. Attainment at Academies which have replaced failing schools is rising at a much faster rate than in other schools. These schools and their pupils have benefited from greater autonomy, greater freedom, a strong individual ethos, and the involvement of community partners from business, charities and higher education institutions.

”The time is right to move to the next level, building on these achievements and enabling every school to adopt these benefits to raise standards even further and help every child reach their full potential.”

The Education and Inspection Bill marks the next phase in the Government’s continuing drive to raise standards and ensure that every child receives the best possible education, setting out proposals to deliver:

Collaboration and partnership

Every school will have the opportunity to acquire a Trust. The Trust models will establish long-term, sustainable relationships that support schools in raising standards. Trust schools will build on the experience of Specialist schools and Academies in harnessing the experience and energy of community and business partners to encourage flexibility and innovation and create an environment in which all pupils have access to a wider range of opportunities to fulfil their potential.

Trust schools will also enjoy greater flexibilities. Like other Foundation schools, Trust schools will employ their own staff, under the terms of the School Teachers’ Pay and Conditions document (STPCD) and manage their own assets. Where the Trust is involved with more than one school, they will also have opportunities for sharing of resources and workforce development. There is no single blueprint for becoming a Trust - schools can choose who they work with, and how, in order to best meet the needs of their pupils.

Curriculum Entitlements

The Bill will enable every young person to access any of the 14 new specialised Diplomas, available to every young person aged 14-19, wherever they are in the country. In order to deliver the entitlement to young people aged 14-16, schools will need to work with each other and with colleges and other providers – the Bill also empowers them to enter into formal collaboration with FE Colleges.

Better Discipline

School staff’s powers to tackle disruptive behaviour and impose order in classrooms and discipline in pupils will be set down in primary legislation. Powers on confiscation, detention, using force and tackling unacceptable behaviour on the way to and from school will be set beyond challenge, sending the clearest signal to pupils and parents that bad behaviour will not be tolerated. For example, poorly-behaved pupils could find themselves put in Saturday or end of term detentions to catch up on school work.

Greater use of parenting contracts and reintegration interviews will make parents tackle problem behaviour, and ensure their child is properly supervised during short suspensions. Parents will have to ensure excluded children are properly supervised, backed up by fines for a new offence of allowing an excluded child to be found in a public place during school hours without good cause.

A Powerful Strategic Role for Local Authorities

To enable local authorities to move from the day-to-day running of individual schools to become a strategic commissioner, championing the needs of parents and pupils in delivering the school system they want and need, and driving up standards, local authorities will be the decision-maker on issues like school expansion and new school establishment and will have new powers to intervene in coasting or failing schools.

Fewer Failing Schools

Inadequate schools will be put on one year's notice to improve, and if progress is not made within a year, will enter Special Measures. Failing schools will be given one year to turn around, and if there has been no progress the presumption will be that the school will be closed, with a replacement school or Academy normally opened on the same site.

To help the poorest communities, a £30 million fund will be provided for local authorities to drive up standards in weaker schools, with a strong focus on federations between schools that are struggling and those that are excelling. The money will be available over two years to boost the strategic role of local authorities in ensuring that struggling schools get better targeted support to bring about fast improvements.

No Return to Selection by Ability

The practice of interviewing parents of prospective pupils will be outlawed and schools will in future have to act in accordance with a much tougher Admissions Code. Every school will now sit on local Admission Forums to discuss local admission arrangements. Forums will also gain a new power to object to the Adjudicator on unfair practices.

Parental Choice, Rights and Voice

Parents will be able to ask for new schools to be set up to reflect local need and demand. Local Authorities will be duty bound to consider them as part of their role to promote choice and diversity, and, where appropriate, use the record capital investment we are making to build them. Parents who need it will also have direct access to a network of advisors to help them choose the right school for their child, and Parent Councils will give all parents an opportunity to have their say in school life. Free transport for children living in low income families to any of their three nearest secondary schools will ensure that parents do not see distance and the cost of travel as a barrier to choice.

More information will be provided to parents so they can be actively involved in their child’s progress, including regular reports during the year on how their child is doing and opportunities to discuss these with teachers. Parents and teachers will be able to work in partnership to enable pupils to reach their full potential.

Healthier School Meals

The Bill will pave the way for new minimum food-based standards to be introduced in all schools by this September which would effectively ban low quality foods high in fat, salt and sugar, with even more stringent nutrient-based standards, stipulating the essential nutrients, vitamins and minerals to follow from 2008, backed by £220 million investment. It will also give local authorities the freedom to offer all pupils free meals, fresh fruit, milk or other refreshments during the school day, regardless of family income. This would enable local authorities to encourage children to eat healthily in school.