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Education Bill

I also support the comments made by the noble Lord, Lord Laming. I confess that in the mid to late 1990s, I was chair of education in an authority where we had such an incident before the Act came in and there was a duty to co-operate. I remember at the time the deep shock as a fairly new councillor and certainly as a new Cabinet member at understanding that we had completely failed. The system had failed. I welcomed the Act when it came in. I also echo the points that the noble Lord and others made—the noble Baroness, Lady Howarth, in particular—about a number of cases that have been reviewed since. I would say to my noble friend Lord Phillips of Sudbury that I do not think you need to take a school to court. All you need to do is look at the serious case reviews where recommendations have been made to schools that have failed to ensure that follow-up happens. I am sure that the many schools that want to co-operate will continue to do so. The problem is with the small number that do not believe it is in their interests. I am sorry to go back in time, but I remember some grant-maintained schools in the 1990s feeling that it was an absolute liberation to be free of the local authority and doing everything that they could not to co-operate with it. I fear that we might end up with that sort of encouragement again among academies and free schools were we to lose the duty to co-operate now. It is vital that we retain it. I have one further point that is not about safeguarding in the sense that much of this debate has focused on. In many other areas local authorities, not just upper-tier authorities with responsibility for education and social services but district and borough councils, should have a duty to co-operate for services that children receive across the board. That has to include library resources, playgrounds and provision of school places at a strategic level. Where more schools can do their own thing and there is no longer a need for an admissions forum, a duty to co-operate at the highest strategic level to ensure that there is the right provision for children in an area is absolutely vital.