Councils to tackle oversight gap

Two recent independent reports into allegations of an extremist culture in Birmingham schools found that the council was not only aware of the schools' practices long before they surfaced but inadvertently fuelled the situation.

In his government commissioned report into allegations concerning Birmingham schools arising from the "Trojan Horse" letter, education commissioner Peter Clarke notes there is "incontrovertible evidence" that Birmingham City Council was aware of concerns of a plot to take over various schools and run them on strict Islamist principles.

The council received the now infamous Trojan Horse letter, which contained details of the plot, back in November 2013.

The letter was passed onto Sir Albert Bore, leader of the council, and a subsequent internal inquiry failed to substantiate the claims, and so no further action was taken.

Ian Kershaw, who was appointed by Birmingham City Council to investigate the case, found that the authority avoided dealing with the allegations for fear of being branded "racist or Islamophobic".

Lack of support

His Trojan Horse Investigation Report also found that the council acted as a vehicle for promoting some of the issues by "easing out" head teachers through the use of compromise agreements - special contracts designed to resolve workplace disputes - rather than supporting them.

Both reports make a series of recommendations for the council to implement, many of which the authority says are already in place, in a bid to prevent further takeover plots from arising in schools. Despite this, some say the case highlights the limited influence local authorities have over day-to-day decisions in state-run and academy schools.

Currently, local authorities can only issue a warning notice to failing maintained schools and require government permission to take any further action.

While the Department for Education is responsible for academies, it expects councils to proactively engage with non-maintained schools believed to be struggling, but there are no guidelines outlining what authorities can and should do when there are allegations of extremism in schools.

However, Alan Wood, president of the Association of Directors of Children's Services, says he would expect councils to step in and provide advice to any type of school on any type of issue.

"Councils have very many responsibilities for children in any school, regardless of its status, and therefore they shouldn't have any hesitation about making their views known or making advice or guidance," he adds.

Wood says the majority of authorities have good relationships with religious communities in their areas and that he would expect them to discuss any information they receive, the Trojan Horse letter for example, with contacts.

"If there is a situation where the local authority or another public agency becomes aware that there is an activity going on in one of its institutions, or through one of the services it is providing or commissioning, it needs to act on that with great sensitivity but great determination and thoroughness as well," he explains.

"If it is clear there is an issue, use your contacts. People expect their local authority to play a role in knowing what is going on and keeping the community safe."

Back in June, a month before the publication of the reports, the Local Government Association (LGA) issued a call for councils to be empowered to hold all schools to account when problems arise, following Ofsted's investigation into the Birmingham allegations.

Two-tier system

The LGA argued that councils are in the best position to provide support, citing a two-tier system of accountability that confuses concerned parents.

Sion Humphreys, policy adviser at head teachers union NAHT, has rejected the idea, as did the DfE at the time. He says allowing councils more influence would undermine the purpose of academies, which were set up to give schools greater freedom.

But he does agree that there is a two-tier system of accountability and believes the set-up could have added to the problems in Birmingham.

Humphreys hopes the introduction of regional school commissioners in September will bridge the gap and prevent future takeover plots that arise succeeding.

"It's an oversight of academies in their patch, and it would seem that this would be a structure that could fill some of the vacuum," he says.

Split across eight regions, the new commissioners will be supported by up to six outstanding academy head teachers and will be responsible for making decisions about non-maintained schools, and for taking action when one underperforms.

He adds: "What Birmingham actually did was highlight this void that existed, where everyone thinks it's everyone else's responsibility, and there's potentially now a structure in place that may evolve to do that (fill the void).

"It's a move in the right direction, otherwise there needs to be a rethinking about the relationship between local authorities and academies."

KEY RECOMMENDATIONS FOR BIRMINGHAM COUNCIL

• Work with schools, academies and partners to agree and establish a vision, strategic direction and policy for working together to provide high standards of education in Birmingham
• Consider the establishment of an independent process for teachers and governors to raise concerns
• Establish a strategic position on cultural issues affecting the curriculum
• Review all compromise agreements signed by head teachers in the past five years to consider if they were appropriate and whether Birmingham City Council should have done more to exercise their duty of care
• Review current governor arrangements, and where they identify an individual holding multiple positions, consider steps to ensure that a wider range of people are able to hold governor roles and that no single individual has undue influence over a number of schools
• Source: Report into allegations concerning Birmingham schools arising from the 'Trojan Horse' letter, DfE; and Trojan Horse Investigation Report, Birmingham Council