Key issues for CES

Withdrawal of amendment regarding admissions “quotas”

(Relevant documents can be found under ‘October 2006’ in the Latest News section of the website)

This proposal would have required all new schools with a religious character to admit up to 25% of pupils without reference to faith.

·         In early October, the CES made a commitment (through an exchange of letters between Archbishop Nichols and Alan Johnson) to ensure that work being undertaken on community cohesion by schools and colleges with a religious character would be more transparent; this includes the revision of s48 frameworks.  The Government also took on the idea of using school profiles and self-evaluation forms towards this aim.

·         At the same time, the Church of England pledged to take up to 25% of pupils in all its new schools without reference to faith.  Lord (Kenneth) Baker of Dorking proposed an amendment at Report Stage which required all new schools with a religious character to do the same.  Lord Baker then withdrew his amendment on the understanding that the Government would table their own.

·         Archbishop Nichols and Oona Stannard had a number of discussions with the Secretary of State and Ministers during this process, which culminated in a further exchange of letters to ensure that up to 25% of places in new Catholic schools for pupils from other or no faith would be made additional to the demand for faith places. 

·         However, the response from the Catholic and other faith communities was overwhelming and persuasive.  The voluntary measures proposed by the Catholic sector and the sector’s support for promoting community cohesion by various means rendered “quotas” unnecessary.  The Government withdrew its proposal and Lord Baker tabled his amendment at Third Reading on 30 October.  The issue went to a vote and was defeated before it could reach the House of Commons (37 content; 119 not content).

·         This has been a very great achievement for the Church.  The debates in both Houses made much of our concern to promote community cohesion; a goal to which we remain strongly committed.

Transport

• New transport provisions, which amend and extend the provisions contained in s 444 and s509 of the Education Act 1996, have been introduced. Most importantly for Catholic schools provisions (in section 77 and Schedule 8) entitle secondary-age pupils in the lowest income groups to free home to school to their nearest suitable school on the grounds of religion or belief between two and 15 miles from their home, providing that there is no nearer suitable school with a religious character. 

• The CES lobbied hard for this proposal and welcomes this move at a time when many local authorities are withdrawing discretionary free transport to pupils attending schools with a religious character. 

Support Staff

• Provisions in the School Standards and Framework Act 1998 (s60(6)) which prohibit voluntary aided schools with a religious character from taking the religion of school staff other than teachers into account on appointment (and in certain other employment contexts) have been repealed for England.

• This is a move by the Government to bring education legislation into line with Regulation 7 of the Employment Equality (Religion or Belief) Regulations 2003, which permits employers with a religious ethos to make a genuine occupational requirement case related to religion or belief in relation to specific posts. 

• It takes into account the fact that a number of support staff (especially higher level teaching assistants) now have significant lesson-supervision and child-facing responsibilities and it is therefore reasonable to expect some religious requirements of such staff.

Community Cohesion

(This is the answer given by Schools Minister Jim Knight MP to a parliamentary question):

‘A duty will be placed on the governing bodies of maintained schools to promote community cohesion. This will be accompanied by a duty on the Chief Inspector of Schools to report, as part of routine school inspections, on the contribution made by schools in this respect. Inspectors will judge this by assessing the extent to which learners contribute to community cohesion and the effectiveness of the links made by the school with other providers, services, employers and other organisations to promote well-being and community cohesion. Where inspectors identify underperformance, they will make recommendations on which the school will be expected to respond. School Improvement Partners will challenge and support the school in making any necessary improvements and parents will be informed about progress through the School Profile. Where the underperformance extends to other aspects of the school's work, there may be circumstances in which inspectors return to monitor the school's progress in securing improvement.’

Collective worship for sixth formers

• Unfortunately, despite strongly lobbying Ministers on this issue, the CES was not able to prevent the Government from backing an amendment enabling an opt-out from collective worship by individual sixth-form students.
• Nevertheless, it was strongly suggested by “the humanist benches” that the Government might enable pupils to also opt-out from RE lessons and that all pupils should have the right to withdraw themselves from collective worship, both of which were strongly contested by the CES and our lobbying helped to avert approval of these amendments.

Other Significant provisions

• Creation of Trust Schools.

• Powerful strategic role for local authorities – new duties including duties to promote high standards, diversity and fair access to educational opportunities.

• New provisions relating to the disposal and transfer of public assets on the closure of voluntary aided schools were also successfully negotiated with Ministers and officials by the CES.

• Admissions - Admissions Forums given greater powers; provisions of School Admissions Code made mandatory; ban on interviews.

• Schools given statutory power to impose discipline on pupils – schools’ powers extended to make parents taken responsibility for their child(ren)’s actions if they misbehave.

• 14-19 entitlement – from 2013 all young people will be able to chose from all 14 types of diploma (first 5 available in 2008, another 5 from 2009 and 4 from 2010).

Laura McCann

Policy and Briefing Officer

16^th November 2006