The Children’s Wellbeing and Schools Bill Committee heard evidence from experts across the schools sector today on whether - and how - the legislation needs to improve.

Witnesses appearing in front of MPs included Ofsted chief Sir Martyn Oliver as well as academy trust leaders such as Sir Jon Coles, of United Learning; Sir Dan Moynihan, from the Harris Federation; and Luke Sparkes, of Dixons Academies Trust.

The committee also heard from Leora Cruddas, chief executive of the Confederation of School Trusts, children’s commissioner Dame Rachel de Souza and faith school leaders.

Several witnesses called for clarity on parts of the bill, such as how it will affect the pay and conditions of teachers in academies.

Teacher pay and conditions ‘are top concern’

Speaking in the committee’s morning session, Julie McCulloch, senior director of strategy, policy and professional development services at the Association of School and College Leaders’ (ASCL), said the union was “not entirely convinced” that the bill was worded as being “about a floor and not a ceiling” on teacher pay.

Later in the day, Sir Jon said freedom on teachers’ pay and conditions was his top concern, as multi-academy trusts “really need those freedoms” to attract the teachers to turn around failing schools.

He echoed Ms McCulloch in saying that the bill is not currently worded to ensure a “floor but no ceiling” for pay and conditions, despite education secretary Bridget Phillipson’s assurances last week.

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Meanwhile, Mr Sparkes, whose trust is known for offering a nine-day fortnight for teachers, said a “rigid set of expectations” on trusts over pay and conditions will “stifle innovation”. Some of Dixons’ schools would have to “change fundamentally” to adhere to a rigid set of standards, and this would negatively impact pupil outcomes, he added.

After hearing this evidence, schools minister Catherine McKinnell announced that the government plans to table an amendment to clarify that there would be no ceiling on pay and conditions. 

The Confederation of School Trusts had called for a clarification on the pay and conditions part of the bill and proposed an amendment for schools and trusts to have regard to national frameworks in its policy statement on the bill last week. 

Which problems is the bill trying to solve?

Sir Dan said it is “not clear” what problems some of the reforms in the bill aimed at solving. “I’ve seen no evidence suggesting that academy freedoms are creating an issue anywhere. Why are we doing this?” he added.

For example, the bill would require academies to follow the national curriculum, but Sir Dan said that in some of Harris’ schools, where students are really struggling with reading and writing, the key stage 3 focus has narrowed on to literacy and numeracy to help learners access the rest of the curriculum.

“That flexibility has allowed us then to widen the curriculum out again later and take those schools on to ‘outstanding’ status, and we’re subject to Ofsted scrutiny,” he said.

“It’s not clear to me why we would need to follow the full national curriculum and what advantage that gives when we have to provide all of the nationally recognised qualifications and we’re subject to external regulation by Ofsted. Why take away the flexibility to do what’s needed locally?”

‘Huge mistake’ to end forced academisation

Sir Jon said he would like to see the government set out its strategy for improvement across the school system clearly with a narrative about how the bill will support this and tackle achievement gaps.

Sir Dan added that the government should have an “explicit strategy” for tackling disadvantage.

The bill will end automatic forced academisation for failing schools. Sir Dan said this will mean there are fewer academies, and he thinks this policy is a “huge mistake”.

“Academy conversions are sometimes very hotly politically contested, and opponents are prone to judicial review, which can leave children in a situation of failure for months or even more than a year,” he said.

Breakfast clubs: different funding for small schools?

Munira Wilson, the Liberal Democrats’ education spokesperson, asked the Reverend Nigel Genders, the chief education officer for the Church of England, whether small rural primary schools are going to have the capacity to deliver universal free breakfast clubs as set out in the bill.

He said: “That is a really important question. So broadly all of our schools are really supportive of the breakfast club initiative. I think that is a really helpful thing to be able to provide to children.” But he added that staffing and managing the site will present challenges for small schools.

The Rev Genders said that “as the funding for the rollout of breakfast clubs is considered, it may be that there needs to be some different models” to take into account the difference in economies of scale between trusts serving thousands of children and schools with “40 or 50 children”.

Concerns about the cap on faith-based admissions

Ms Wilson also raised concerns that the bill would end a 50 per cent cap on faith-based admissions in new schools. The cap is in place for new academies and free schools, but the bill is set to bring an end to the presumption that all new schools should be academies.

She has tabled an amendment to the Children’s Wellbeing and Schools Bill to keep the cap on faith-based admissions in new religious schools.

The Liberal Democrat MP asked the Rev Genders and Paul Barber, director of the Catholic Education Service, about the potential loss of the cap and what it would mean when opening new schools.

The Rev Genders said that when the Church of England opens a new school, it is for the whole community. Mr Barber said the Catholic Church would only seek to open a new school where “there’s a need for that school, where there is a wish for the education we provide”.

Ofsted’s work alongside the bill

Ms Wilson also asked whether the bill is moving too quickly, given that the consultation on Ofsted’s new inspection framework has not yet taken place.

Ofsted chief Sir Martyn said the bill passing through the House of Commons at the same time as Ofsted is consulting will bring the reforms “all together in a more joined-up system”.

He welcomed the powers for Ofsted included in the bill but said it could go even further to allow inspectors to also look at unregistered alternative provision.

He added that the inspection framework that Ofsted currently has “significantly reduced” deviation of academies from the national curriculum because it sets out the need for schools to have a broad and balanced curriculum.

Schools ‘should become fourth statutory safeguarding partner’

Representatives from children’s charities recommended ways in which they would like to see the bill developed.

Mark Russell, CEO of The Children’s Society, called for a measurement of children’s wellbeing to be included in the bill.

He also said he would welcome schools becoming a fourth statutory safeguarding partner.

“So many of the safeguarding challenges that are identified are first identified by schools,” he said.

Mr Russell further added that his preference for the new free breakfast clubs, given the limited funding available, would be targeting them at primary and secondary children from families receiving universal credit rather than at all primary children.

QTS issues

David Thomas, CEO of Axiom Maths, told MPs that the government’s requirement is that all new teachers are working towards qualified status does not match “reality”.

While having an applicant who is both a subject specialist and a qualified teacher is the “gold standard”, Mr Thomas said that the “reality on the ground is that it is not always the choice that you have in front of you on an interview panel.”
 
“You might have a subject specialist or a qualified teacher, and you have to make that judgment call,” Mr Thomas continued, adding that headteachers should ultimately be able to retain the choice of who they hire.  

More mental health measures to come

In response to criticisms that mental health measures were absent from the bill, Ms McKinnell acknowledged that mental health was not included in this specific bill but said that the government will be bringing forward “further measures” to support young people around their mental health.
 
She also said that the government will be “engaging with stakeholders to ensure that any burdens the registers impose on parents are minimised”, in reference to the children not-in-school register.

Flexibility concerns

Leora Cruddas, chief executive of the Confederation of Schools Trust, said that it would be “very helpful” to get more clarity on the government’s position on curriculum flexibility, and agreed that the bill needs to be changed to reflect this.
 
She added that ensuring teaching is flexible is also important “in terms of creating a modern workforce”, and as well as making teaching attractive, it is also essential to “create the conditions that the workforce of the future would find desirable and attractive”. 
 

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