New Clause 63 - Exemption from education legislation for the purpose of raising educational standards

Part of Children’s Wellbeing and Schools Bill – in a Public Bill Committee am 4:45 pm ar 11 Chwefror 2025.

Danfonwch hysbysiad imi am ddadleuon fel hyn

Photo of Catherine McKinnell Catherine McKinnell Minister of State (Education) 4:45, 11 Chwefror 2025

Things really can only get better—[Laughter.]

I thank the hon. Gentleman for drawing attention to the existing provision in part 1 of the Education Act 2002, and his open admission that the new clause draws its inspiration from it. That Act, in the early days of academies, introduced powers to facilitate innovation that were designed to encourage schools to consider barriers to raising standards for their pupils in their particular circumstances, and to explore innovative options that might not previously have been considered. It provided a means of promoting school freedoms and flexibilities, and was an effective strategic tool that enabled schools, local authorities and the Department for Children, Schools and Families, as it was, to test new ideas. It encouraged schools and local authorities to re-examine their existing practices and make use of freedoms and flexibilities that they already had. It was not designed to allow long-term flexibility, as this new clause is; rather any exemption is time limited.

The Act provoked consideration of real and perceived barriers to raising standards, and many schools discovered that not all innovative ideas require an exemption from legislation, because the necessary freedoms and flexibilities already exist. Annual reporting shows that only 32 orders were made between 2002 and 2010 using the power. We understand that the last order under the power was made in 2012. Since then, schools and trusts have innovated and tested ideas without the 2002 powers being necessary or used. Evidence-based practice and innovation is now the norm in many of our schools and trusts. There is a range of programmes, such as curricular hubs, behaviour hubs and teaching schools, geared to driving schools towards spreading evidence-based practice, and away from doing other things.

The Department works closely with the Education Endowment Foundation, which is independent from Government and trusted by the sector, to understand which interventions and approaches are most effective in terms of school improvement and raising attainment, and to provide guidance and support to schools on that. As part of that, it carries out trials of new approaches that look to have a high potential to improve outcomes. Where a new and innovative practice works, we want schools to be able to implement it. For example, based on robust EEF evidence of impact, programmes such as embedding formative assessments and mathematics mastery are being provided to the sector at greater scale, supported by Department for Education funding that subsidises the cost of participation.

The Bill guarantees a core provision for all children. Through it, we are providing a floor, not a ceiling, and the measures do not prevent schools and trusts from innovating and adapting above that framework. Our vision for driving high and rising standards centres on expert teaching and leadership in a system with wide freedoms, high support and high challenge, backed up by the removal of barriers, so that every child can achieve and thrive. We believe that more of the flexibility currently offered to academies should be offered to all schools, and we are working with teachers, leaders and the sector to design our wider reforms. If attempts to innovate are prevented by legislation, we want to hear about it, because we want all children to benefit from the best the system has to offer. On that basis, I ask the hon. Member for Harborough, Oadby and Wigston to withdraw his new clause.