Question proposed, That clause 47 stand part of the Bill.

Clause 47 creates a new co-operation duty for schools and local authorities. It aims to strengthen how schools and local authorities work together on school admissions and place planning.

Collaboration and co-operation on these issues is vital to ensuring that all children, especially the most vulnerable, can receive a school education. The clause places a duty on mainstream state schools and local authorities to co-operate with each other regarding their respective school admissions functions. It also places a duty on mainstream, special and alternative provision state schools to co-operate with local authorities regarding their place-planning functions.

For the admissions and place-planning system to function effectively, co-operation between schools and local authorities is essential. For example, local authorities need to regularly engage with local schools to produce and deliver proposals for ensuring that there are sufficient school places.

That process normally works well and we know that the vast majority of schools and local authorities already work together effectively to ensure that there is sufficient supply of school places and that local admission systems are working to support parent choice and allowing children to achieve and thrive. However, until now there has been no general duty on schools and local authorities to co-operate on these important issues.

In some instances, that has led to some schools and local authorities acting unilaterally or unhelpfully in regard to admissions or local place planning, without recognising the impact of their decisions on local communities. These new duties will send a strong message to schools and local authorities about the importance of co-operation on school admissions and place planning. As a result, we expect that schools and local authorities will seek to act more collaboratively on these issues, for example, sharing information in a timely manner and ensuring that they are working together in the best interests of the local community.

The absence of specific duties on co-operation also means that there are limited options available for the Secretary of State to intervene where a school or local authority is refusing to co-operate on these issues. Formalising a need to co-operate as a statutory duty will provide a mechanism to address such a situation. Where a school or local authority is failing or refusing to co-operate, the Secretary of State will be able to use her existing and planned enforcement powers to intervene, for example by considering directing the party at fault to take specific steps to comply with their co-operation duty.

I will be quite brief. Clauses 47 to 50 are all of a piece, though it is the last of them, clause 50, that we have the greatest concerns about. In the interest of time, I will reserve my comments on the other clauses until later.

On clause 47, I just want to note my concerns that a rather vaguely defined duty to co-operate should not be abused by local authorities, and that a school’s failure to co-operate to the satisfaction of the local authority should not be used as a trigger for some of the rather alarming powers in clause 40. I just mark my concerns on this one, particularly about the vagueness of the duty to co-operate. I will return to more specific concerns on later clauses.

I warmly welcome the provision in clause 47. The Liberal Democrats have long called for far greater co-operation between local authorities and schools on admissions and place planning. This is even more important now as we see falling school rolls, which is a particularly acute problem in London. It is the case in other parts of the country as well, but in my own local authority, eight reception classes were closed in primary schools in, I think, the last academic year. At the moment, we have high demand for our secondaries and falling demand for our primaries. Over the years, that will feed through into secondary schools, which is where most of our academies sit. We must ensure that academies or schools are working with the local authority on place planning. Having a massive surplus of places in such a cash-constrained environment is neither realistic or desirable.

I would add just one caveat from talking to the Confederation of School Trusts and the evidence we heard from Sir John Coles. They all welcome this particular provision, but Sir John Coles said that schools and local authorities need clear guidance on how this will work in practice. I look forward to the Minister’s comments on what guidance will be issued.

I too absolutely welcome this new duty to co-operate. It is really important in the context of the problems that competition over people’s heads has led to. I am, however, like others, a bit concerned about the vagueness of the way that it is specified in the legislation. I feel that it does not make it clear enough what the duty to co-operate actually means. Would the Minister consider making it more clear, such as specifying that the local authority becomes the admissions authority for all schools in the area? Would the Government also consider reforming the legacy of partial selection that is still there for some schools? Arguably, we should reform aptitude-based tests and other admissions tests, which evidence shows have led to inequalities in admissions.

The Bill represents a really important opportunity to strengthen the partnership working between schools and local authorities. As well as visiting schools across my constituency of Derby North, I visited Derby College and our university technical college—UTC. In looking at the opportunities and benefits that can be brought by better co-operation, would the Minister consider encouraging local authorities to assess fully 14 to 16 provision across all providers, to ensure that any gaps or barriers to accessing all those opportunities are considered? Could there also be potential consideration of offering opportunities for young people to study and train for part of the week in college settings? There is a real opportunity for our young people when we have better collaboration and co-operation on admissions.

In response to both Opposition Front-Bench spokespersons, we have deliberately not attempted to set out precisely what co-operation means, because it will depend on unique local context and issues. We expect, however, co-operation to include local authorities engaging collaboratively and constructively with schools, and academy trusts producing proposals for ensuring sufficient school places and how to reduce and repurpose spare capacity, which the hon. Member for Twickenham rightly identified as a challenge. We also expect local authorities to share their place-planning strategy with academy trusts and other local partners, and be transparent about underpinning capacity and forecast data, as well as the rationale for targeting schools for expansion or contraction.

We expect schools and trusts to work collaboratively and constructively with local authorities, other academy trusts and the Department, on place-planning matters; act reasonably when considering or responding to requests to raise or lower published admission numbers; expand or contract where necessary; and be transparent with local authorities and the regions group about issues affecting their ability to deliver places and about any significant changes that they are planning. I hope that addresses the concerns.

My hon. Friend the Member for Derby North asked a question about 14 to 16 provision. Where that is in an academy trust within a local authority area, the same co-operation duties apply. She is absolutely right that moments of transition are another key factor, and they have been regularly identified as a challenge for young people. They can be a real opportunity for young people but can also be challenging. We must create seamless transitions for young people. I will take away the consideration that the duty could form part of the solution to ensuring smooth transitions, particularly by ensuring that we have the provision for the age cohort she referred to. I trust that I have answered the questions raised.

Question put and agreed to.

Clause 47 accordingly ordered to stand part of the Bill.

I beg to move, That further consideration be now adjourned.

I specifically thank you, Sir Edward, for being so patient in the Chair for so long. [Interruption.] Sorry, Sir Christopher.

There are many occasions on which I have been confused with Sir Edward Leigh. I am going to indulge the Committee. Back in 1983, we were both new Members, and in those days, there was a system whereby the Chair of a Select Committee was chosen by the other members of the Committee. I was taken for a cup of tea or something stronger by somebody who aspired to be the Chair of a Committee. After he had given me a monologue for about half an hour, I said, “I didn’t think that people were able to vote unless they were members of the Committee.” He said, “You are Edward Leigh, aren’t you?” I have never seen anybody disappear as quickly as that, because he had wasted half an hour of valuable canvassing time.

Ordered, That further consideration be now adjourned.—(Vicky Foxcroft.)

Adjourned till Thursday 6 February at half-past Eleven o’clock.

CWSB167 National Foundation for Educational Research (NFER)

CWSB168 Comprehensive Future

CWSB169 Sustain

CWSB170 Attachment Research Community and the Restorative Justice Council

CWSB171 Family Action National School Breakfast Programme

CWSB172 Become

CWSB173 Waldorf UK

CWSB174 Kidscape

CWSB175 Citizens Advice Halton

CWSB176 Helen Hamlyn Centre for Pedagogy (0-11 years) (HHCP), IOE, UCL's Faculty of Education and Society

CWSB177 Marie Collins Foundation

CWSB178 Adoption UK

CWSB179 Resolution

CWSB180 Drive Forward Foundation

CWSB181 Edapt

CWSB182 Square Peg

CWSB183 Barnardo's (supplementary)

CWSB184 The Fostering Network

CWSB185 Children North East

CWSB186 Care Leavers Association

CWSB187 Nuffield Family Justice Observatory

CWSB188 Children’s Services Development Group

CWSB189 National Education Union