Wednesday, 13 March 2013

Bullying DfE Brokers - key points from yesterday's debate

Yesterday's Westminster Hall debate brought the attention of the Government to the many complaints about the forced academy process. Here are some key extracts:


John Pugh (Lib Dem Southport) Throughout the land, brokers are appearing in schools when the opportunity arises to hasten things on and ensure that the targets are met. They show up when a school suffers even a temporary decline in standards. A recent article in The Guardian by George Monbiot—not a man I ordinarily agree or see eye to eye with—compared them to mediaeval tax collectors. I happen to think that mediaeval tax collectors performed an important social function; I do not necessarily feel the same way about brokers.

Brokers appear to come to governing bodies with threats and an academy contract in hand. The threats are, “Sign the contract, or you, the governors, and possibly the head teacher, will be replaced”, or “Choose a sponsor, or if you don’t we’ll choose one for you, which we may do anyway.”

Bill Esterson (Labour,  Sefton Central)

To add to the hon. Gentleman’s examples, a Department for Education adviser said to a school in my constituency, “You lost your autonomy when you went into an Ofsted category. Either you sign the papers to become an academy, or we will put in another interim executive board to do it for you.” I wonder whether he has had similar experiences.

John Pugh

I have had very similar experiences, but they are not just my experiences. Reports are coming in from up and down the land, and there is a kind of similarity that makes them wholly plausible.

There is a hurry to get on with things. Schools are basically told, “Get on with academisation now, or we will do it for you anyway.” They are also told—this surprises me—“Don’t tell the parents or the staff until it actually happens. Consult with them afterwards.” To sweeten the pill, cash is sometimes promised, in the form of a changeover fund to accommodate change. Relief from inspection or the school’s current status is also promised: whatever pressure Ofsted or the LEA apply will disappear when academy status is established. More worryingly, I have evidence that sponsors have been recommended, particularly school chains, with whom individual brokers have prior connections.

Richard Burden (Birmingham, Northfield, Labour)

Can I take the hon. Gentleman back to what he said before? I have had a number of schools that have received not only that suggestion, but the message, “Don’t talk to the parents before everything is signed, sealed and delivered.” Is it not also strange that ministerial policy is that Members of Parliament should be told about academisation only after the funding agreement has been signed, thereby removing any chance for democratically elected Members of Parliament to advise, consult with the school or have any say in what is about to happen?

John Pugh

Yes, that is distressing. The hon. Gentleman is a witness to the fact that we have moved from a situation in which parents were allowed a vote to one in which parents do not have a voice.

I would like to draw attention to the well documented fact that some of the brokers’ behaviour is markedly aggressive. One governor of fairly robust temperament described a broker as “seriously scary”. I find the process appalling. Regardless of what one feels about the academy programme, I find it distressing that people who have the interests of children and their schools at heart feel that they have been put in that situation. It strikes me that it is bullying. The intention is to close the contract and sign it there and then, which is the worst kind of sharp salesmanship, if I can put it like that. It is obviously wide open to corruption; it is about making offers that people cannot refuse, straight out of the Vito Corleone textbook. I see absolutely no reason why we who wish to stop bullying in schools allow the bullying of schools.

Kevin Brennan (Cardiff West, Labour)

Fortunately, we have the Minister with responsibility for bullying here, so she can deal with any accusations of bullying.

Surely the hon. Gentleman is being completely unfair to the Government. Did he read the article by Warwick Mansell in The Guardian yesterday? It quoted Tim Crumpton, a councillor in Dudley, who said that after he made accusations of bullying, he received a letter from the Department saying:

“We carried out a thorough investigation and found no basis in the claims.”


John Pugh

I am sure that the Department took the broker’s word for it. What I am describing has been told to me by people I have known for some time, who have no axe to grind and whom I trust.

I feel particularly aggrieved about my area. Under previous regimes, not a single school in Sefton ever opted out. We had two ballots, both of which were lost. There were good reasons. Sefton was one of the first LEAs to give schools true financial independence to pioneer; in fact, I was on the local authority at the time. It has kept its central costs low. It has always prioritised education and schools. It stands favourable comparison with other LEAs. Its schools are good and, better still, there are good relations between the LEA and the schools, which themselves cluster together harmoniously and supportively. There is a genuine communitarian spirit, accompanied by good results. To make things more acutely painful, Sefton has a good record, praised by the Schools Minister, for improving its schools; it is in the top five of LEAs.

One—I think that is all right—might suppose that what is crucial to the success of education is the independence of the school. That is an understandable view. It is a simplistic and probably wrong view, but I can understand people taking it and it providing them with the motive for feeling that academies are an all-sufficient solution.

Another interpretation might be that there is an unstated plot to reorganise schools into private chains rather than in LEAs; if so, we could legitimately debate that at some point. It is likely that many primary schools, if they become academies, will form part of chains. There is nothing particularly wrong with chains, and there have been great ones in the past: Blue Coat schools, Merchant Taylors’ schools, the Woodard foundation, Haberdashers’ Aske’s schools and so on; and, in the state system, organisations such as the Christian Brothers, or the Salesian or Notre Dame schools. There is nothing intrinsically wrong with chains; they are often founded for the poor but usually end up serving the rich. The model is particularly in favour with the Minister responsible for academies, Lord Nash, who I understand supports a chain of some sorts himself.
In the past, however, huge gains to the educational system were not achieved by virtue of the state handing people 125-year leases; normally, it was done by philanthropists digging deep into their pockets. If there is a real agenda, and such motivations are genuinely behind the strange set of phenomena we are seeing at the moment, I am happy to debate that. Let us not, however, have this forced choice, with underhand persuasion and inducement.

In my years as a teacher, the worst sort of bullying was not the stuff that one saw and could stop but the stuff that was not seen and took place away from view. If nothing else, through this debate I hope to bring the bullying of schools, rather than in schools, to people’s attention.

Rose Cooper, (West Lancashire,  Labour)

All the evidence points to a Department that is ideologically wedded to the promotion of academies for all, rather than the best education for all. In our education system, only 10% of all state schools are academies and free schools, and the figure for primary schools is only 5.3%. Yet one third of Department for Education staff are assigned to the academies and free schools programme, which accounts for 18% of the Department’s revenue and capital budget—a level completely disproportionate to the size of the programme. 

Then we come to the £1 billion overspend. No doubt that money is being taken from the budgets for non-academy schools, many of which most need that investment.

The whole situation is compounded by the Gove army of brokers. Given that they earn up to £700 a day, some might suggest they are more like mercenaries. I would suggest they are conflicted mercenaries, because many are alleged to have connections to academy chains. These conflicted mercenaries—these brokers—are running round the country offering inducements of £40,000, plus£25,000 for legal costs. That approach to academisation is deplorable, and it is all being done because of the ideological war being waged by the Education Secretary. 

Our ambition and aspiration should always be to ensure that our children have access to the best possible standards of education from the start to the end of their school life. Simply forcing schools to become academies is not the solution. We know that one-size-fits-all policy making does not work. In our schools, we need good, strong leadership from the head teacher and governing bodies, with investment in schools buildings and school resources, irrespective of whether the school is LEA controlled or an academy. There should be a consensus among parents, teachers, governors and the community about the type of school they want; that decision should not be forced on the community.

I agree that we need to ensure that all schools reach the required standards. However, we should do so based on the needs of the individual school and its children, not on the imposition of a one-size-fits-all model driven by ideology. I am sure the Minister has come here today replete with the usual lines about school improvement, education for the 21st century and investment, but I remind her that we are talking about the forced conversion of schools into academies.

My message to the Minister is this: nobody believes you. As each day passes, fewer and fewer people believe you.

 David Ward   (Lib Dem, Bradford East)
 
Thank you for calling me to speak, Mrs Main. I thank my hon. Friend John Pugh for initiating the debate.
It is not too much of a secret, certainly in some quarters, that I am not a great fan of academies. I opposed them under the previous Government, and I oppose the academy regime under this Government. Within a few months of coming into the House of Commons, I voted against the Academies Bill. That was for a couple of reasons. First, many supporters of academies, who want to push for academy status, are seeking to control admissions. For them, it is about who goes into the school, not what goes on in the school.

In a private meeting with the Secretary of State, I said, “You should be far more radical and make every school an academy in terms of some of the freedoms that are proposed.” However, for those who support
academies, and who are pushing for them, that would not really work, because the secret of academies is that some schools are academies and some are not. Alongside freedoms in relation to conditions of service and so on, there would need to be some control over admissions, which would defeat the purpose of going to academy status for many sponsors, and the same applies to free schools.

I am opposed to the academies also because there is an overemphasis on the impact that the structure will have on raising achievement and attainment in schools. It is interesting that many of the new academies have not taken up some of the new freedoms: they have taken the money and stayed, rather than taking the money and running with the new freedoms. Another reason for my opposition is that I always want, as Stephen Covey said, to“Begin with the end in mind.”

If something works, generally speaking it is okay. I do not feel that there are too many strong, politically different issues or matters of principle. Most of them are about what works in a situation, with some fundamental underpinning of values. I am not clear where the evidence is for academies. In a sitting of the Education Committee a few weeks ago, I asked the Secretary of State whether he believed in evidence-based policy and he said that he very much does, but I do not see any evidence for that.

The success of the academies project seems—my hon. Friend the Member for Southport referred to this—to be judged by how many academies there are. That has almost become an end in itself. There has been much talk about needing to convert. A school is in a particular situation, and the idea of need is always introduced; but it does not mean the school will benefit from a conversion. The evidence base is not there. The idea is that the school needs to convert because it meets the criteria; but it is the Secretary of State who sets the criteria. It is like saying, “I will decide when it is raining, and I will decide what to wear in the rain.”

He is doing the same, because he is saying, “I will decide the criteria and whether they have been met.” That is the same idea as, “There is a need to put on a coat when it is raining; it is raining so we need to put a coat on.” The false logic behind the whole academies programme is: “An intervention is needed and an academy is an intervention, so you need an academy.” It is all false logic. Using a coat when it rains is an intervention, but it is not the only form of intervention and there is no evidence that that intervention is the one that would work.

There are all sorts of interventions, which could include setting up an academy—but where is the evidence? Local authority support would be a possibility: many authorities are not, as has been suggested, dreadful, and are effective at providing support. The intervention may be a new head for the existing school. It may be an integrated post-inspection plan, or an interim executive board to turn the school around. There is evidence to show that all those interventions work in certain circumstances. They all have an evidence base, but there is no evidence that the academy structure works. It is false logic.

In my constituency in Bradford, there are two schools that are going through intervention academy conversions. My two sons went to one of those schools many years ago. If someone went to a local estate agency 10 or 15 years ago, the window would have adverts stating that properties were close to the school.

The school was one of the largest and most successful in the Bradford district and it was why people moved into that area, but it has had a difficult time. It was not so long ago that the head teacher of that school, before retirement, was the executive head of another school that was failing and has now become successful. I was chair of governors at a school that was in special measures, and it became the first secondary school in Bradford to be rated as outstanding. All that was done without academy status and on the basis of interventions by an extremely good head teacher, who was able, through a new management team, to turn the school around.

In Bradford, a secondary partnership has been established. The whole principle behind it has been to offer support to other schools and negate the need for academy conversions. The partnership was formed about 18 months ago and all 28 secondary schools from the district are involved and pay an annual subscription to join. It involves developing a rigorous system of performance review. It will provide effective school-to-school support and deliver school-led professional development. Those schools do not need to be academies. There are other ways forward that do not require a change to a school’s structure.

Ideology has been mentioned a few times, but I do not think that is the issue. It is about ego. All schools can be improved, but it takes time and requires hard work. It is not glamorous and a slog is involved. It takes 18 months to two years to get the right people in place to turn a school around, but where is the glamour in that for a Secretary of State who needs to be seen to do dramatic things? Where is the glamour in that hard graft that happens day in, day out up and down the country in turning around schools that need to improve?

The problem is that that egocentric project comes with a cost. The House of Commons Library briefing shows the actual cost involved in investing in the schools and bribing them to take up academy status, as well as the opportunity cost of the money that is not available for other schools. It is frankly sickening to see schools in Bradford unable to afford basic repairs while a bottomless pit of money appears to be available to support the free schools and academies programme. That programme is a costly distraction—devoid of evidence—from the principal concern of an authority, which is to raise educational achievement and attainment through the well-established methods that already exist for turning schools around and providing the quality education that pupils need and deserve.

Andy Slaughter (Hammersmith, Labour)

We had a £33 million investment programme—at the moment, that is quite a big programme—over two years for primary schools, yet all that money was directed to voluntary-aided schools, free schools or academies, for new build, refurbishment, conversion or expansion as may be, despite the fact that very successful community schools also wish to expand and see investment put into them. I object to those double standards and to not having a level playing field. I have to ask who the ideologues are in this case, and I am afraid that they are particularly centred around the Secretary of State for Education.

None of that would matter if there were no adverse consequences, but let me explain some of the consequences. First, there will be a perception—it may be a reality, but it is certainly a perception—that we are creating a two-tier system in education, in which academies are the preferred type of schools. Parents will therefore gravitate, reasonably and understandably, towards those schools, because they believe that the schools will be preferred—with money, resources or simply the attention that they receive from local education authorities and the DFE. That then leads to a form of separate development. A number of academies are now for pupils aged three to 18, and they therefore monopolise children within an area. 

Equally, I have noticed a trend whereby secondary academies will select—particularly if they are in the same group—from their primary feeder schools, so it may be that there is no longer an interchange between primary schools in that way. I am beginning to get a lot of complaints from parents of children in community primary schools who might want to send their children to secondary academies, and they find that they are refused or are a long way down the waiting list.

I also fear that there is a possibility of politicisation of the academy system down the road. There is a strong association between the academy system and not only Conservative local authorities, but Conservative funders, peers and so on. Lord Nash has been mentioned. Lord Fink, who I think is still the Tory party treasurer, was the chairman of ARK, and he is the chairman of one of the schools in my constituency. Both of those gentlemen are very substantial funders of the Conservative party. One of them, Lord Nash—or rather, his wife, Lady Nash—was the principal funder of my opponent at the last election. It is a free country. Anyone can do as they wish, but the association of particular schools, chains of schools and individuals with a particular political party is not healthy in education. I see that as another branch of the politicisation and there is the real prospect of our moving—with every pronouncement that comes out of Government or those close to Government—to profit-making schools. If another Conservative Government were elected, we would see that trend continue, and I think that would be extremely regrettable.

Kevin Brennan (Cardiff West, Labour)

Last year I visited a group of schools that had formed an education improvement partnership. One of the primary school head teachers in it was desperate to tell me about her experience with what some people locally have described as gauleiters being sent out by the Department for Education. What she told me made my jaw drop. She told me that when the adviser from the Department turned up, she was told that she had to meet them and that no one else was to be present. When she objected to that, she was told that perhaps at a stretch she might be allowed to have the chair of governors present with her for part of the meeting. She wanted to have, and in the end she insisted on having, the head teacher of the local secondary school, which was part of the education improvement partnership, with her for the debate, but she told me several stories about how she was leaned on—that is the only way it can be described—and told that there was no alternative to her school becoming an academy, despite the fact that the governors did not want that, the parents did not want it and it was clearly an improving school. In the end, having taken legal advice, they were able to fend off the adviser who had come from the Government, using those bullying tactics, but I am told that as she left she said, “I’ll be back”, Arnold Schwarzenegger-style—no doubt after further efforts have been made to undermine the efforts being made by the school to operate as part of an education improvement partnership to raise standards in the school. That is happening around the country. I have also been told that in the same area, one head teacher has seen a gagging clause put into their contract, having been forced out of a school as part of this process. 

It is all very well, under the cloak of standards, to go around to schools and offer them an opportunity to consider academisation—the sponsored academy approach. That can be entirely appropriate on many occasions, but the bullying behaviour—we are hearing, and I am receiving, more and more accounts of it—is very worrying. I therefore want the Minister to answer a few questions about that. How many schools does she know of that have successfully resisted forced academisation procedures? How are the academy advisers recruited? How are they rewarded? Is it true that they are on a payment-by-results regime? I hope that the Minister will answer this question particularly. Is there any code of conduct for those people as to how they should behave? As the Minister with responsibility for the issue of bullying, will she give us an absolute assurance that if there is one, she will publish it, and that if there is not one currently, she will ensure that one is available? I ask that because some of the behaviour that is being described—

Elizabeth Truss (South West Norfolk, Conservative)  Parliamentary Under Secretary of State (education and childcare)

We are encouraging all schools to convert to academy status, so that good and outstanding schools can use the autonomy that the status provides to drive up standards. Where schools are underperforming and leadership and management need improvement, however, we cannot just stand by and allow that to continue. The cases that hon. Members have raised in the debate are about schools in which performance is not good enough. We are not talking about schools in which performance is already good. There are good schools under local authority auspices and there are good academies, but we are talking about underperforming schools. We look for two indicators of underperformance to determine which schools we should approach and work with to deliver sustained improvement: low achievement over time and whether the school is in Ofsted category 4. 

Many schools agree to become sponsored academies, because they know that academies are achieving dramatic improvements in results, particularly where new sponsors have taken on formerly underperforming schools, as I have seen that in my county of Norfolk. Sponsors bring outside influence and a wealth of experience. They challenge traditional thinking and have no truck with a culture of low expectations.

…...We should bear it in mind that intervention takes place where schools are underperforming—where there is a problem. At meetings with governing bodies, where schools are in Ofsted categories of concern, a broker discusses sponsorship options and aims to agree a schedule of actions. As is necessarily the case in an underperforming school, that can sometimes appear challenging—of course, it can. We are saying that what is happening at that school is not delivering for the children. It is important that they receive the best possible education.

Tuesday, 12 March 2013

Teather cancels her meeting with Gladstone Park parents

Sarah Teather has cancelled her appearance at tonight's meeting with Gladstone Park Primary's Parents Action Group on the grounds that the meeting had been advertised to a wider audience and might raise the temperature when calm was required to maintain a dialogue between the DfE and the school.

She said:
I have spoken to the Secretary of State about Gladstone Park school and will continue to push the Department for Education to work with and not against the school. I am hopeful that a constructive solution is possible here.

My offer to meet separately with the parents action group as originally agreed remains open.
I understand that the parents will still meet tonight to discuss the campaign against forced academisation. 6pm Pakistan Coommunity Centre, Marley Walk, Station Road next to Willesden Green station.

Monday, 11 March 2013

DfE's 'bullying brokers' must be brought to book

More from the Guardian on DfE bullying and the tremendous campaign by parents against forced academies by Warwick Mansell and Geraldine Hackett LINK

With Gove due to reappear before the education select committee this week to answer questions about what he knew about bullying allegations within the Department for Education, news reaches us of an official complaint that has been made about "intimidation" by one of that department's academy "brokers".
The complaint came in a letter sent by Tim Crumpton, a Labour councillor in Dudley, West Midlands, to the office of Gove's schools commissioner, Elizabeth Sidwell, last November. Crumpton, the council's cabinet member for children's services, asked the office to investigate "bullying" by the broker.

As reported in this column, these DfE brokers are seeking to push many schools towards academy status. Crumpton said he had accompanied the senior official on three visits to schools in Dudley. "On each occasion, [her] behaviour has been intimidating and bullying towards governors, headteachers and local authority staff," he wrote.

The broker had provided no agenda or subsequent notes of the meetings at schools under pressure to become academies, while, said Crumpton's letter, on each occasion she had said: "The minister will make you become an academy, and will intervene both in the school and in the local authority if they do not support this action."

Crumpton told his local paper, the Stourbridge News, he had received an unhelpful response to the letter from the DfE.

The DfE said: "We carried out a thorough investigation and found no basis in the claims."

Meanwhile, campaign groups associated with at least four schools that are under sustained DfE pressure to convert to sponsored academy status have joined together to set up an organisation called Parents Against Forced Academies. The group has a proposal on the 38degrees campaigning website which, with approaching 2,000 supporters, was top of a list of "hot" issues on the site as of last week.

Parents at Roke primary school in Kenley, Surrey, have now said they intend to launch a legal challenge against the DfE's move to enforce academy sponsorship under the Harris chain.


North End Road reconnection controversy returns to Wembley Park

Controversial plans to reconnect North End Road in Wembley with Bridge Road at the Bobby Moore Bridge, beside Wembley Park Station, (see plan above) remain in the revised Wembley Plan which the Brent Executive will approve for consultation  this evening.

A quiet haven at present

When the original plans for reconnection were published four years ago LINK they attracted opposition from the Wembley Community Association which wanted to keep the low traffic levels of North End Road which serves the quiet residential area of  Empire Court and Danes Court.  At present the road ends in pedestrian and cyclist ramps at Olympic Way between Arena House (soon to be a secondary free school) and 1 Olympic Way. Since 2009 the Victoria Hall student accommodation has been built on North End Road.

North End Road leading to Victoria Hall
Brent Council say that 'a new road link at North End Road is a key component of the overall strategy enabling the promotion of highway access into Wembley (and beyond) from the North Circular'.  They claim that the new connection will benefit the development area during stadium events and reduce traffic along Neasden Lane and Forty Lane 'allowing prioritisation for non-car modes. The connection may also facilitate improvements to bus services, depending on results of the bus strategy'.

Henry Lancashire in his submission to Brent Council says that the proposed link will conflict with the popular bus stop opposite Wembley Park Station and increase the danger of pedestrian access to the bus stop. He states that the current access enables cyclists to take a safe route from the Brent River Park and can only increase in popularity if the proposed cycling/pedestrian bridge across the Chiltern Line from St David's Close is built. Brent Cyclists also express a preference for the link from North End Road to Bridge Road to be for cycling only. They state 'This would be far cheaper to implement than a connection for motor vehicles, and, with work and highway adoption or land-take in the Atlas Way/Fourth Way/Fifth Way area, could provide a viable, high-quality corridor for walking and cycling via the Brent River Path all the way from Stonebridge Park to Bridge Road.

Lancashire suggest that the required land acquisition for the link will be a) costly and b) damaging and in particular that the green space associated with the river opposite Victoria Hall will be lost: 'This is a valuable wildlife corridor used by species including wrens, robins, blackbirds and pipistrelle bats'.

Brent Council respond that the bus stop will be moved 'slightly to the south' and will be accessed via the Olympic Way underpass (people  dash across the road at present and I don't really see that changing).  They say negotiations are still going on for land acquisition and they are trying to keep the costs down: 'The scheme has been revised to remove the need for land from Victoria Hall'.

In their submission to the Council Quintain Estates and Developments state:
We do not consider this connection to be justified to mitigate the impacts of development and instead it appears mainly top be based on a need to provide circulation to and from the Industrial Estate on Stadium Event Days. In any event,  it is not required to mitigate the impacts of development currently consented in the regeneration areas.
 I am currently trying to find the likely cost of the proposal which in 2009 was put at £20m.


Sunday, 10 March 2013

An intensive week of parent action ahead on forced academies

Parents are taking on the dictator
 Following the formation last  week of an umbrella parents' campaigning group Parents Against Forced Academies (PAFA), this week will see the most intensive action yet opposing Michael Gove's policy of forced academies.

On Tuesday there is a Westminster Hall debate by MPs on the issue of forced academies. Ian Mearns Labour MP for Gateshead told the Save Gladstone Park Parents Action Group:


Let me start by saying that I am firmly opposed to forced academisation. I think school improvement is a vitally important process, but it is not contingent upon schools changing their status and becoming academies, but as you will already be aware that is not a view shared by the Secretary of State and his supporters. Interestingly the Chief inspector of schools, who heads up Ofsted, Sir Michael Wilshaw, is on record as telling the Education Select Committee that academisation was not the recommended model for Primary Schools, given the different economies of scale for Primary’s, as opposed to their Secondary counterparts.

However, the dilemma is that many dozens of schools now are in a similar position to your own, and unless there is some coming together of the schools who are opposed to this process, I can only see the schools being picked off and ground down by the process.

John Pugh’s debate in Westminster Hall on Tuesday is only a debate where Minister’s are made aware of the concerns of Members of Parliament and their constituents about various matters. It does not form part of the legislative process, but can be important in terms of getting issues on the record and a formal Ministerial response.

As a member of the Education Select Committee we are constantly trying to hold Ministers to account to justify their policies and the way in which they are implemented by the Department; and you can be rest assured that I will continue to thoroughly scrutinise all policies by the Government.

On Wednesday March 13th the Gladstone Park parents will be assembling at 3.15pm in the Year 3-4 playground at the school to travel down to Victoria together to join the NUT organised  'Gove Must Go' from Cathedral Piazza (assemble 5pm) to march to the DfE. Roke Primary campaigners will also be joining the march.

On Tuesday March 19th  Roke Parents will lobby the Harris Federation who are the academies group chosen by Michael Gove to become Roke Primary';s sponsor. Lord Harris is a major donor to Tory Party funds. The lobby is at 4.30pm outside the Harris HQ, opposite the Whitgift Centre, a few minites from East Croydon station. (Brent residents can get there directly from Wembley Central Station on Southern Trains - they run hourly at 6 minutes to the hour). Full address 4th Floor, Norfolk House, Wellesley Road, CRO 1LH7

Not content with that on Saturday March 16th  parents from the Downhills, Roke and Gladstone Park campaigns against forced academies will be guest speakers at the Anti Academies Alliance Annual General Meeting in London.

The Guardian describes the DfE broker's behaviour HERE


Parents unite against Michael Gove's bullying




"If every school did the same as us...." another step forward
Parents have called  for a public enquiry into bullying behaviour endemic in forced academisation of school. They state that that parents from schools that have experienced bullying from the DfE are fighting back and launching a new campaign group - Parents Against Forced Academies (PAFA). This arose from the frustration parents feel at not being listened to on key decisions about the handing of our schools by rich businessmen running academy chains.

PAFA was born at a half term meeting by parents at several primary schools across London, where they decided to join forces in condemning what they perceive as extreme bullying tactics by Michael Gove and his academy brokers.

Governors and head teachers who resist forced academy are routinely threatened with the sack and in some cases this has been carried through Interim Executive Boards with no previous knowledge of the school or the community   Fake consultations with parents are being run after decisions have already been made and controlled by the academy chains who stand to gain most. The conflict of interest could not be clearer. In the case of Downhills Primary School in Haringey 94% of those taking part in the consultation did not want the school to become an academy sponsored by the Harris Federation. On the same day the consultation was published and available to parents the Secretary of State handed the school over to the Harris Federation. The DfE had funded the consultation to the tune of £50,000 of public money.

Parents are repeatedly being met with rude, abrupt, dismissive and patronising responses from DfE officials when they make a reasoned case for proper consultation and genuine choice over their school’s future. The behaviour of the DfE contravenes key principles set out in the government’s own legal advice and other government agendas such as localism, Big Society and community rights. When making a decision that will impact on the general public, Civil Service Departments are required to meet a series of tests in measuring the lawfulness of an exercise of public law, PAFA believes that Michael Gove is ignoring these basic rules of public life. It is more like dictatorship than democracy.

Parents from schools facing forced academy conversion are joining forces to call for a public enquiry into the decisions made about our schools behind closed doors and the privatisation of our education system by stealth. ‘We know that we are not alone in resisting the forcible academisation of our school,’ says Maria Bache, 40, an HR manager for a media group who has two children at Gladstone Primary in NW London. ‘We stand united with other schools across the country in publicising the unfair treatment we are being subjected to by the DfE.’

Another Gladstone parent, Zaman Wong, said : ‘The decision by the DfE to impose academy status on Gladstone Park Primary is a grossly disproportionate course of action, ignoring the many strengths of our school identified by Ofsted, the indisputable achievements of our pupils and the wishes of the parents. The entire process has been unjustified and artificially rushed, with a complete lack of transparency or any consultation with parents and governors’ The father of two children at the school, one in Reception, concluded: ‘Even a Year 3 child will tell you a choice with one option is no choice at all. ‘ 

PAFA is protesting against these illegal tactics. Key members along with Gladstone Park include protesting parents from high profile schools: Roke Primary in Croydon, and Downhills in Haringey. Other schools protesting schools include Calder High in Hebden Bridge and Thomas Gamuels in Walthamstow.

Angeline Hind of Roke Primary said: “We expect more and more parents and schools to join us as with Ofsted shifting the goalposts once again, there will soon be a torrent of schools subjected to the bullying and underhand methods we have experienced. At times it feels surreal like we are living in Communist China. Our schools are at the tip of a tidal wave to come as more and more schools are forced to convert. This is not about standards but political ideology and privatisation by stealth.”

Notes
The test measuring lawfulness of exercise of public law:
  • Legality -  Departments must act within the scope of any powers and for a proper purpose; not  acting in a hasty and disproportionate fashion.
  • Procedural fairness – for example giving the individual or individuals an opportunity to be heard.
  • Reasonableness or rationality: including the principles of proportionality and the ‘Wednesbury principle’ (when making a reasonable and rational decision all relevant factors must be taken into account and all irrelevant factors omitted). Compatibility with the Human Rights Convention rights and EU law.
·        Parents from Downhills School were involved in working with filmmaker Rhonda Evans in a film about forced academies available online http://www.academiesandlies.org.uk/

These principles are all described in the Judge Over Your Shoulder (JOYS) document issued by the Treasury Solicitor: http://www.tsol.gov.uk/Publications/Scheme_Publications/judge.pdf)









Brent Planning: Incompetence or Corporate Cover-up?

This Guest Blog by local historian Philip Grant is longer than usual but raises some fundamental issues regarding planning that merit full exposition.

If you are interested in how Brent’s local government works in practice, I invite you to consider this case study. Although I have asked the question, I will leave you to decide the answer. If you wish to leave a comment, please do. You can comment anonymously, but it would help if you could give some (genuine) information, so that other readers know whether you are a “Willesden Green resident”, a “public relations consultant from Winchester”, a “Brent Council insider” or an “unconnected outsider”.

At a special Planning Committee meeting on 21 February, consent was granted to an application in the name of Galliford Try Plc to redevelop the Willesden Green Library Centre. On 22 February I lodged a complaint with Brent's Chief Executive that there had been a breach of Brent's Planning Code of Practice at that meeting. This breach was the failure to make available for inspection at the meeting the public register in which the Planning Officers reporting on the application should have declared a "prejudicial interest", so that the decision was taken without the committee being aware that the report, and the recommendation which they accepted, might not be impartial. I made it clear that my complaint was about the actions of Council Officers; I was not criticising the Planning Committee members in any way. Councillor Ketan Sheth had chaired the meeting in an exemplary way, treating all parties fairly and with great courtesy.

Brent’s Planning Code of Practice is part of the Council’s Constitution. It ‘seeks to ensure that officers and members consider and decide planning matters in an open and transparent manner’, and sets out rules which are intended to make sure that planning decisions are not only made fairly, but that they are seen to be made fairly. Item (or rule) 12 says:

12. If any officer of the Council who is involved in making recommendations or decisions on planning applications has had any involvement with an applicant, agent or interested party, whether or not in connection with the particular application being determined, which could possibly lead an observer with knowledge of all the relevant facts to suppose that there might be any possibility that the involvement could affect the officer's judgement in any way, then that officer shall declare a prejudicial interest in the public register held by the Director of Regeneration and Major Projects and take no part in the decision making process. The declaration of such interest shall also be recorded in the minutes of the meeting. This public register to be available for inspection at Planning Committee meetings.

The complaint was not some "trumped-up" delaying tactic or "sour grapes" on my part. As Brent was in reality a “joint applicant” with Galliford Try in the plans for the new Cultural Centre, I had first raised the question of the need for any of Brent's Planning Officers reporting on this proposed development to declare a "prejudicial interest" in the public register, with Brent's Chief Planning Officer, Chris Walker, as far back as May and June 2012, in respect of the initial application which was later withdrawn. I had reminded him and his Area Team Manager, Andy Bates, of this a few days before 21 February.

I had also alerted the Democratic Services Officer responsible for the Planning Committee meetings of the importance of this matter, and that I would wish to inspect the public register a few minutes before the meeting. At around 6.45pm on 21 February I had approached this Officer in the Committee Room, introduced myself, and asked to see the public register. He gave me conflicting reasons as to why the register was not available to view, one of which seemed to be that no such register existed, another that it was only available to view online and a third that it was kept at Brent House, and that I would have to make arrangements to view it there. I asked him to inform the Chairman, at the start of the meeting, about the absence of the public register, and that it was important for the business of the meeting that it should be available. He did not do so.

When it was my turn to speak, as an objector, I took the opportunity to say that the public register of Officers' prejudicial interests should have been available to inspect at the meeting, and that Mr Walker and Mr Bates should have signed it. Later in the meeting Councillor Mary Daly asked the Chief Planning Officer for his comments on the points I had raised. Mr Walker did not refer to the public register or to "prejudicial interest", but did say that his department took care to separate staff dealing with planning applications from those who were giving advice to colleagues in Regeneration and Major Projects on proposed schemes. He also said that no one could tell him what to recommend in terms of planning matters. The committee’s Legal Advisor stayed silent on the Code of Practice points throughout the meeting.

My complaint was passed to Fiona Ledden, Brent’s Chief Legal Officer and the Council’s Monitoring Officer for ensuring that all its planning procedures are carried out properly, to look into and reply to me. If he considers it appropriate, Martin will have added links below to pdf versions of her letter to me 1 March and my reply of 2 March to her, setting out our respective views. Please feel free to read them if you are interested, but I will summarise the main points as follows:

It is Fiona Ledden’s view that:

1.   Chris Walker and Andy Bates do not have an “involvement” with Andy Donald, Director of Regeneration and Major Projects. They just happen to work for the same Council department.
2.   Because of the Separation of Powers between the Planning and Regeneration sides of the department, there is no real possibility that the report to Planning Committee could be anything other than totally impartial.
3.     She agrees 'that as a matter of good practice the Public Register should have been available at the Committee meeting for inspection', but does not consider that this had any effect on the Committee's decision.

It is my view that:

1.    Messrs Walker and Bates should have declared a "prejudicial interest" in the register (it is possible that they did, but without seeing it I can't be sure) because their "involvement" with Andy Donald, and his with the WGCC project, might possibly have affected how they wrote the report and recommendation.
2.      Applying the proper tests for "prejudicial interest" it is clear from the actual report that there were parts which were not impartial. This, coupled with their "involvement" (although they may not have taken part in discussions with the Regeneration Officers, they have been working together in Brent House for the past year with colleagues who were promoting the scheme and expecting it to be approved, and their boss was the man responsible for "delivering" this project for Brent Council), means that item 12 of the Code of Practice must apply.
3.      The public register of prejudicial interests is supposed to be available to inspect at each meeting of the Planning Committee, but it was not and members were not made aware of the key information it should have contained. Reports to committee have to be impartial, and the committee are generally expected to accept the Planning Officer’s recommendation. Had they been aware that this report might not be impartial, they would have considered it in a more critical way. As a result, their decision cannot be seen to have been made fairly, which is the whole point of Brent’s Planning Code of Practice.

Another important part of Brent’s Planning Code of Practice is item (or rule) 1, which puts in formal terms another of its stated purposes: ‘The provisions of this code are designed to ensure that planning decisions are taken on proper planning grounds’. Item 1 says:
1. Members of the Planning Committee shall determine applications in accordance with the Unitary Development Plan [now the adopted Local Development Framework] unless material considerations indicate otherwise.
As the committee need to know whether applications meet Brent’s adopted planning policies, and if they do not whether there are “material considerations” which mean that an application should still be accepted, you would expect the Planning Officer’s report to contain this sort of information. The report on the Willesden Green Library Centre application was noticeably lacking in such details. I will illustrate this using the issue of open space as an example.

The Officer’s report to the 21 February meeting on application 12/2924 included a list of 22 issues on which objections had been raised, including these on open space
OBJECTIONS
The principal issues that have been raised are set out below:

2. The new building would lose the sense of openness towards the front of the site that the existing building provides for.
3. The loss of the open space to the front of the existing library is unacceptable in itself. It is well used by the community. The proposed open space is hidden around the back of the new library building and will not be welcoming.
I had actually sent a detailed letter about the open space issues to Planning Case Officer, Andy Bates, on 13 January. I summarised in an online comment, which can be seen on the Brent Planning “view comments” webpage for application 12/2924. Here are some extracts:

14/01/2013: BRENT'S PLANNING POLICY SAYS OPEN SPACE SHOULD BE PRESERVED - The development proposals contained in this application, to build the new Cultural Centre over that open space, go against policy CP18 in the adopted Core Strategy of Brent’s Local Development Framework and against policies set out in Chapter 7 ("London's Living Places and Spaces") of the 2011 London Plan. / This local open space was created as part of the Willesden Library expansion scheme in the 1980's, as one of the policy commitments given by Brent Council in the Willesden Green District Plan, adopted in December 1980. / The District Plan identified the site which Brent Council was then acquiring for its new Library Centre as the ideal location for a variety of new community facilities. The plans which were then drawn up for those facilities, in full consultation with the local community, included this 'much-needed open space' on the Willesden High Road side of the Library Centre. / Part 5 of Brent's 2010 planning Core Strategy shows that the area around the High Road in Willesden Green is still an area of open space deficiency, and says that local open space in such areas is 'crucially important to the borough' and in 'need of protection'. That is why core policy CP18 says 'Open space ... of local value will be protected from inappropriate development and will be preserved for the benefit, enjoyment, health and well being of Brent's residents, visitors and wildlife.' / It is clear that the proposals in the planning application to build over the open space in front of Willesden Green Library Centre would be 'development harmful to its use and purpose as open space', so that the open space should be preserved. 

The summary of objections did not reflect the planning policy points I had made, so what did the main body of the Officer’s report say on these matters? These are the main extracts:

FACILITIES OUTSIDE THE BUILDING

The development proposes to change the current open areas around the building – principally by providing the new ‘Brondesbury Walk’ and improvements to the public realm in Grange Road. / The range of current outside areas includes the space to the rear of the library, the small children’s play area adjacent to it and the space to the front of the library building./

The application scheme creates a new street entitled ‘Brondesbury Walk’ to the rear of the new library which provides a single space larger than any of the single areas that exist at present. However, the space would be some 65 square metres smaller than a combination of the existing space to the rear and the open area to the front (total 565 square metres rather than 625 square metres). This small reduction is acknowledged. However, in qualitative terms it is considered that the proposed spaces will, at least, be equal to the existing offer.... / The intention is that the space will be used as a new local square for use by existing and future communities. It will be predominantly hard paved, but will include mature trees to provide visual interest and shade. The level change between the WGCC and the residential Block A will allow for a double terrace of seating to be provided for visitors of the Centre to use. /

It is proposed that the new WGCC building will sit in a sensitively interpreted civic space which will provide a high quality setting for the building. The spaces will not only provide formal civic amenity, but interesting play facilities making the public space around the centre as much of a destination as the building. The quality of landscape interpretation, including the use of level changes, has allowed a sensitive designed progression from the civic public spaces adjacent to the Cultural Centre to the semi-private and private areas of the residential development behind.

There was still no mention of Brent’s core policy CP18, an admission that there would be a smaller area of open space of at least equal quality ‘to the existing offer’, but a claim that it would be a better ‘civic space’, which presumably is regarded as a “material consideration”. If the report had stated that the application’s proposals on open space went against Brent’s planning policies, but had then set out a clear argument as to why the benefits of the new scheme were considered to outweigh those policy considerations, then it might have been considered even-handed. However, I can see no valid reason why core policy CP18 was not brought to the attention of Planning Committee. 

The report also failed to mention that the main function of the top level of “Brondesbury Walk” is to provide pedestrian access and natural light to one side of residential Block A (which will be built right up to the edge of the land which Brent is giving to Galliford Try in return for the developer constructing the new Cultural Centre). Another factor making the proposed new open space even smaller is that its western (Grange Road) end must be kept clear, to allow lorries servicing the Cultural Centre to reverse into “Brondesbury Walk” in order to turn round.

The open space issues are just one of a number of areas where clearly identified failures to comply with Brent’s planning policies, which were brought to the attention of Planning Officers, have not been properly reported to Planning Committee in this case. The Officers' report can hardly be claimed to be impartial in these circumstances. Add to this the strong case as to why those Officers should have declared a “prejudicial interest” in the public register, and the failure to have that register available for inspection at the Planning Committee meeting, and I hope you can see why I felt it necessary to complain about the apparent breach of Brent’s Planning Code of Practice. 

Was what has happened the result of incompetence, a corporate cover-up or was there nothing wrong at all with the actions of Council Officers? Fiona Ledden is a trained lawyer, and I am not, so it is possible that I may have misunderstood how the Code is meant to work in practice. What do you think?








Action needed to save Central Middlesex A&E

It is sometimes thought that only the residents in the south of Brent and neighbouring areas of Ealing are concerned about the closure of Central Middlesex Hospital. However residents in the north of the borough, served by Northwick Park Hospital A&E are also affected as this Guest Blog shows:
I hear that Ealing Council's scrutiny panel has voted unanimously to refer a decision to downgrade A&E departments in north-west London to an independent panel and wonder what you think about the decision to close the A & E departments?

If Central Middlesex, Ealing, Charing Cross and Hammersmith A & E departments are to close what impact is this going to have on the whole of densely populated and hugely congested West London????

Ealing Council are campaigning hard against this decision and so far I can only see Navin Shah, London Assembly member for Brent and Harrow (see this LINK) campaigning against the closures I can’t understand why the local councillors and our MP Barry Gardiner* are not campaigning against the closures too?
Navin Shah's press release LINK said:
A&Es will be forced to cater for an extra 120,000 residents on average each. In 2010 there were 32 A&E departments in London, but only 24 would remain under these plans."

"The 32 A&E’s served a population of 8.17million Londoners, an average of 255,000 people each. Reducing to 24 A&Es will mean they have to cover 340,000 each, with London’s population due to rise to 9million by 2020. This will increase the number of people each A&E is due to cover to 375,000 residents - an increase of 120,000 for each A&E. This assumes that no further closures take place.
As you know in recent years every single bit of space in Wembley has had flats built on it, bringing more and more residents to Wembley and more and more traffic congestion.  Add to this the new designer outlet and French school coming to Wembley Park - these will both bring more people and more traffic to the area.

What about Wembley Stadium with 90,000 capacity plus staff and Wembley Arena with 12,500 capacity plus staff, these bring another 102,500 plus people to the area when both venues are holding events - should there be a major incident when both venues are full to capacity how would Northwick Park A & E cope???  How would emergency vehicles cope with getting people through Wembley to Northwick Park or through to the other remaining A & E departments???  When the stadium was opened traffic schemes were put in place to get people away from the stadium to the North Circular to try and stop the congestion in Wembley so would it not make sense to keep Central Middlesex A & E open???? 

Also we hear that Central Middlesex A & E will close this June well before the new larger A & E is supposed to open at Northwick Park – how can this be allowed to happen when it clearly says that the A & E departments will close in the next 2-3 years after the new larger A & E departments are open???

My friend recently broke his toe and went to Northwick Park A & E at 10.00pm on a Monday night and was told he would have to wait 5-6 hours before he was seen – he decided not to wait and went back the next day and had to wait 4 hours to be seen.  How will Northwick Park A & E cope when everyone has to go there?  Will the hospitals be reducing parking charges for people that have to wait for hours and hours in the A & E departments to be seen??? Will there be improved public transport - if you have to go there in the middle of the night there will be no public transport available.

What impact will all the extra traffic have on the area with people having to travel further for treatment - not very good for the environment!

*Barry Gardiner says Central Middlesex A & E is not in his constituency but a lot of the people who will be affected by its closure are his constituents!!!
 Since this guess posting was sent to me Cllr Lincoln Beswick  (Labour, Harlesden) has written in the Brent and Kilburn Times regarding the closure of Central Middlesex A&E and other Coalition policies::
All these areas that this affects must stand up, be more forceful, challenge nationally elected members and jointly have a march for freedom from this atrocious, blatant, obvious and odious decision. Those elected and in opposition should not stay silent on these issues.

This requires joint action by all those who are affected - elected politicians, health service, trade unionists, general community and media services
A first practical action will be if Brent Council decides to refer back the decision to close Central Middlesex A&E at the meeting of the Health Partnerships Overview and Scrutiny Committee at its meeting on Tuesday March 19th 7pm Brent Town Hall. LINK

The public can request to speak at the meeting. The contact is: 

Lisa Weaver, Democratic Services Officer  (020) 8937 1358 Email: lisa.weaver@brent.gov.uk