David Thomas gave evidence.

Good afternoon. May I ask our next witness to introduce himself?

David Thomas:

I am David Thomas. I am a former teacher and headteacher, I co-founded Oak National Academy, and I was an adviser in the last Government, in the Department.

Q David, welcome and thank you for joining us.

I want to ask you first about the national curriculum and its imposition on all academy schools. We have heard about the use of that flexibility as a form of freedom—where schools are being turned around, they might do something different for a while and diverge from the national curriculum. But I know there are also trusts and school leaders who use it on a longer-term basis—they make a conscious choice to focus on, for example, the core academics, often in situations of great difficulty, in order to secure what they regard as the most important, core things for their students that will enable the maximum number of choices later on.

Obviously you have been a maths teacher—you have been in that core discipline—and I wondered whether, in an education system where parents have school choice and can choose different things that are right for their child, you thought it was legitimate for people to have different models and to have that flexibility, and whether it was useful to have that freedom from the national curriculum.

David Thomas:

We need to strike a careful balance. It is absolutely a central purpose of education to make sure that all children going out into society have some shared knowledge in common and can interact as a society and function in that way. That is very important. It is also important that people running schools get to look at their children, look at the challenges they are facing and have bold and ambitious visions for what they want those children to go on and do and what that community wants for itself, and that they can be flexible and go on and achieve that. That is why you need a balance of different things.

At the moment we have statutory assessments that apply to all schools, whether an academy or a maintained school. We have Ofsted making sure that you teach a curriculum that is at least as broad and balanced as the national curriculum, so that you cannot go narrow. But you need to be ambitious for your children, and my understanding from Sir Martyn’s evidence earlier was that that system appears to be working for children.

Q Right, so you do not think that there is a particular problem out there that needs to be solved.

David Thomas:

No, there is not one that I can see.

Q Can I ask you about the very general powers in clause 43 that give the Secretary of State the ability to intervene on a whole range of subjects? The explanatory notes to the Bill talk about using that to intervene on relatively micro things like school uniform. Do you think that untrammelled power is desirable, or would it be more sensible to amend that to have it slightly more focused, so that the Secretary of State does not get dragged into attempting to micromanage schools from the centre?

David Thomas:

Clause 43, as drafted, goes beyond the explanatory notes and what Ministers have stated their intention to be. If the intention of the clause is to allow Ministers to intervene where an academy trust is breaching a power, but to do that in a way that is short of termination, that is a very sensible thing to want to do and the Government should absolutely be able to do that. If the purpose is, as it says in the explanatory notes, to issue a direction to academy trusts to comply with their duty, that feels like a perfectly reasonable thing to be able to do. The Bill, as drafted, gives the Secretary of State the ability to

“give the proprietor such directions as the Secretary of State considers appropriate”.

I do not think it is appropriate for a Secretary of State to give an operational action plan to a school, but I think it is perfectly reasonable for a Secretary of State to tell a school that it needs to follow its duty. I think there is just a mismatch between the stated intention and the drafting, and I would correct that mismatch.

So an amendment to bring those two things back into line—the stated intent and the actual Bill—would be sensible.Q

David Thomas:

Yes.

I want to ask you about a few other issues, including pay and QTS. As a headteacher, you have used academy freedoms, and you have also worked in a global shortage subject, mathematics. I do not know what you think of the Bill more generally and whether there are things beyond what we have talked about already that you would amend, or what you think of the general tenor of the Bill—trying to take away academy freedoms and make things more similar. What do you think of the Bill’s direction of travel and what would you amend, if you were able to control it yourself?Q

David Thomas:

On pay and conditions, I agree with the Secretary of State’s stated intention to spread the freedom to innovate, and to make teaching a more attractive profession, to all schools. I think we are only scratching the surface as a profession of what it means to offer flexible working within education. I do not think anyone has really mastered that, and it is a really big challenge. We need to be allowing the maximum freedom for people to be able to innovate. Of course, we have just done an experiment in what happens if you tell lots and lots of schools that they do not need to follow the statutory teachers’ pay and conditions: people only ever exceed it and offer things that are more attractive, because you want the very best teachers in your school.

I think it is essential that we have that freedom, and it is not enough for a Government to say that their intention is to grant that in a future statutory teachers’ pay and conditions document. It needs to be there in legislation for trusts to know that will be the case, which is really important for both pay and conditions. If you want to nail flexibility and offer that to teachers, you need to be able to trade off around conditions to make something more flexible. I think that is really important, and I agree with the Government’s intention, but I do not think that the Bill, as drafted, achieves that at the moment.

Do you think it would be more attractive to extend those freedoms over both pay and conditions to local authority schools?Q

David Thomas:

I think it would absolutely work, as CST has suggested, to say that statutory teachers’ pay and conditions should be an advisory thing that schools and trusts need to have due regard of, and to continue with something like the School Teachers Review Body. As it is at the moment, they are effectively setting a default starting position from which people can innovate out if they want to, rather than capping what people are able to do.

There are lots of other big challenges in the sector at the moment: attendance, discipline and lots of other things. Is there anything else that you would like to either amend in the Bill or add to it?Q

David Thomas:

I have concerns about limiting the number of people with unqualified teacher status who are not working towards qualified teacher status.

What is the problem?Q

David Thomas:

I have worked with some fantastic people—generally late-career people in shortage subjects who want to go and give back in the last five to 10 years of their career—who would not go through some of the bureaucracy associated with getting qualified teacher status but are absolutely fantastic and have brought wonderful things to a school and to a sector. I have seen them change children’s lives. We know we have a flow of 600 people a year coming into the sector like that. If those were 600 maths teachers and you were to lose that, that would be 100,000 fewer children with a maths teacher. None of us knows what we would actually lose, but that is a risk that, in the current system, where we are so short of teachers, I would choose not to take.

Q You have previously written about the value of ensuring that teachers can do some of their work from home, specifically marking and planning, so do you support the Government’s direction of travel in ensuring that greater flexibility and flexible working is available to more teachers and more schools?

David Thomas:

Yes. I find it very odd how little flexibility lots of teachers are given. As a headteacher I remember teachers asking me questions such as, “Am I allowed to leave site to do my marking?” and I thought, “Why are you asking me this? You are an adult”. I absolutely agree with that direction of travel, but I do not see that reflected in the wording of the Bill, so I think there is an exercise to be done to make sure that that is reflected in the Bill. Otherwise, the risk is that it does not become the actual direction of travel.

Q You said some months ago that deciding what to teach is a value judgment, and reasonable people would teach different things, because they value them differently. Is that still a view you hold, and therefore do you also hold that it is not unreasonable to ensure both that there is a common core national curriculum and that that curriculum is periodically updated?

David Thomas:

I absolutely still hold that view. I think that, as I said earlier, a core purpose of education is to ensure that people have a core body of knowledge that means they can interact with each other. That is really important. I think that we should update the curriculum and not hold it as set in stone.

My concern would be that the legislative framework around the national curriculum does not ensure that the national curriculum is a core high-level framework or a core body of knowledge. It is simply defined in legislation, which I have on a piece of paper in front of me, that the national curriculum is just “such programmes of study” as the Secretary of State “considers appropriate” for every subject. We have a convention that national curriculum reviews are done by an independent panel in great detail with great consultation, but that is just a convention, and there is no reason why that would persist in future. I would worry about giving any future Government—of course, legislation stays on the statute book beyond yours—the ability to set exactly what is taught in every single school in the country, because that goes beyond the ability to set a high-level framework. I agree with the intention of what you are setting out, but there would need to be further changes to legislation to make that actually the case.

Q I have a question in two parts, but before I ask it, when we come to this Committee, we have to make declarations of interest. Can I confirm that you were the Conservative party candidate for Norwich South in the last election?

David Thomas:

Yes, that is correct.

Q I want to come back on two points that you made, one of which is on the flexibility around schoolteachers’ pay and conditions. We have the document on national schoolteachers’ pay and conditions, and there are personnel documents from local authorities, as there are from academies, that will add to those things. Within that, there is room—we are hearing a lot about restricting pay—for recruitment and retention points, and teaching and learning responsibility points. We no longer have performance-related pay because of the things that the Government have changed, and there is also no longer a need to wait to move up to the upper pay scale, so there are still options in the hands of trusts or local authorities. Also, the document refers to 1,265 hours, so would you agree that there is some flexibility within that?

My second question is around the qualified teacher status element. Many parents. and in fact pupils. in my constituency tell me that they do not see training to be a teacher in a profession as bureaucracy. They see that it is a profession, and people want their children to be taught not just by a qualified teacher, but by a specialist qualified teacher. Do you agree that this Bill does not really make a change in allowing people to work toward QTS, but it does put QTS and qualified professionals at the heart of classrooms and the heart of our kids’ education?

David Thomas:

On the first point, of course an amount of flexibility is available within the system, but we are not talking about the status quo; we are talking about the creation of powers that can be amended in the future. Statutory teachers’ pay and conditions are set by the Secretary of State, and that could be different next year from what it is this year. We have to ask what powers we want people to have rather than just saying whether the status quo happens to be acceptable or not. Even that status quo is limited, and I do not think we know what the right flexibilities are within the system to be able to give people optimal flexible working. That is something we are learning by innovation. There are great innovations, but they are all quite new. People have not been doing this for a very long time, so I would not want to cap us at the flexibility we have now; I want us to be ambitious and innovative about the future.

On qualified teacher status, the goal is a subject specialist and a qualified teacher who has as much experience as possible. That is the gold standard you want to be shooting towards. The reality on the ground is that you do not always have that choice 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. You are there, you know your timetable as a headteacher, you know which classes need to be staffed, you can see those people teach some lessons, you are aware of their past experience and you have to make that judgment call. Ultimately, headteachers should be able to make that judgment call because they are the ones who will have to manage those people, and to look parents and children in the eyes and tell them that they believe they have made the right decision for them.

We will have to leave it there; we have come to the end of the allotted time for the witness. I thank the witness for coming to give evidence to the Committee today, and we will move on to the next panel.