Fears are mounting that the Schools Bill will be “scrapped” by new prime minister Liz Truss in favour of policies that are seen as more urgent and popular, Tes had learned.
Sources close to discussions within the new government have told Tes that they predict the bill will be “diluted” in order to push it through or potentially “scrapped” altogether during this Parliament.
The comments come after it emerged that the third reading of the bill in the House of Lords was removed from the parliamentary schedule last week and now awaits a new date. The reading is now likely to be further delayed due to the current parliamentary recess period, which is predicted to continue until the end of the party conferences in October.
One source told Tes that if it did make it back from the House of Lords and through the House of Commons stages, the bill would emerge very “diluted” to get it out of new education secretary Kit Malthouse’s in-tray.
Tes understands from another source close to government that Mr Malthouse will first want to look at the crisis around inflation and its effect on schools.
Is this the end of the Schools Bill?
There are also concerns within the sector that Ms Truss’ administration does not consider educational improvement and reform as a priority.
Tom Richmond, the founder of the EDSK think tank who was an adviser to former education secretaries Michael Gove and Nicky Morgan, points out that with a limited amount of time to work, Ms Truss’ administration may be best served to keep the bill in reserve until general election season in late 2024.
“With only two years at most until a general election, Ms Truss and Mr Malthouse will have to prioritise their work so that they have something meaningful to show for their time in office,” he said.
“In that context, it is hard to see how technocratic debates about the complexities of the state school landscape will win them any votes, even though this issue absolutely requires a serious policy discussion.
“If the bill is likely to struggle at the third time of asking, there would be a strong case for the government to convert their plans into an election manifesto commitment so that the House of Lords would have little option but to accept the proposals if the government continues beyond 2024.”
Former DfE adviser Sam Freedman, writing for Tes, has also raised questions about the future of the Schools Bill.
He said that if concerns about the bill being scrapped are realised, it would “leave the system in limbo”.
“Malthouse’s other immediate priority will be figuring out what to do with the Schools Bill that was gutted in the Lords before recess. Peers forced the removal of the key clauses that would have allowed the DfE to regulate academy trusts directly,” he said.
“We are expecting new clauses to be laid imminently, and the new ministerial team will have to get their heads around the implications.
“There has been some noise that the bill might be pulled altogether, which would leave the whole system in limbo, so hopefully it isn’t true.”
But some have said that the bill’s postponement amid the appointment of a new government shouldn’t necessarily raise alarm bells.
Leora Cruddas, chief executive of the Confederation of Schools Trusts, said: “We shouldn’t assume a shift of government priorities.
“This is an entirely new administration and an entirely new Cabinet. The prime minister hasn’t even finished making ministerial appointments yet.
“I think it’s indicative of the government giving itself a bit of time.”
Luke Sibieta, a research fellow at the Education Policy Institute think tank, agreed, saying that a pause in legislation was normal during institutional handovers.
“I wouldn’t read into it too much. It seems natural for an administration to put a pause on major Bills and see if they will fit with its overall plans,” he said.
He added that the wider problem for education policy is that there have been so many ministers and secretaries of state over the past decade that there is no “permanent handle” on what’s happening at the department.
A spokesperson for the Department of Education told Tes that it was “normal for the scheduling of Bills to move around regularly” but did not clarify the next steps.
Education minister Baroness Barran recommended that a number of clauses in the bill were amended after several lords, including former education secretary Lord Baker, warned that the academy standards and regulation it recommended would lead to a central government takeover of academy trusts.
According to parliamentary procedure, the bill now requires a third and final reading in the House of Lords before progressing to the House of Commons for a five-stage approval process.
Only then would it receive royal assent and its contents be passed into law.
