Education 18 October 2013 Five lessons from Derby: The Significance of Al-Madinah Free School Even if 90 per cent of Free Schools are brilliant, it is not okay to sacrifice 400 children in a process that was obviously foolish from the outset. Sign UpGet the New Statesman\'s Morning Call email. Sign-up Any government spokesperson who says the failures of Al-Madinah Free School do not tell you anything about the wider policy, is entirely wrong. The gaping and problematic holes in the free schools policy have been apparent ever since Michael Gove pushed through the free school legislation in a five-day procedure usually reserved for terrorist threats, and anyone pretending otherwise is being disingenuous. The government chose to ignore these problems. And now Al-Madinah Free School has taught 400 children for over twelve months in an environment that Ofsted describes as ‘dysfunctional’ and inadequate in every category. The report notes how most of the primary teachers have never taught before and many staff are in roles for which they “do not have the qualifications or experience”. Over half of the secondary pupils have unauthorised absences and the overall attendance rate is less than 90 per cent. The school did not know how many children have SEN statements. Last year’s budget has not been reconciled. The school is unaware of whether it has a surplus or deficit. On their own, each of these things is exceptionally problematic. That they all co-exist, in one school, is extraordinary. How did it get like this? The government will no doubt trot out lines such as “we did everything we could”, “this is the price of innovation”, and “let’s not take away from the great work done by the other free schools”. But those are hollow and irrelevant platitudes. Even if 90 per cent of Free Schools are brilliant, it is not okay to sacrifice 400 children in a process that was obviously foolish from the outset. 5 Lessons The Government Must Learn, & Quickly 1. The application process has always been questionable The government kept the entire school application process secret. They would not reveal who applied, what the applicants wrote, the evidence they had of demand or staff competence, and the government won’t reveal the reasons why people did or did not get accepted. There is no evidence that decisions were made consistently or rigorously, and the one year battle I have had with the DfE to try and get this information shows a concerning reluctance to reveal this information (I am still awaiting an appeal decision) . But, why? On the basis of Al-Madinah it appears that at least one problematic school has slipped through the net. Could there be more? 2. The decision to allow ‘anyone’ to teach in autonomous schools will backfire The government announced during the Olympic Ceremony that academies and free schools could hire unqualified teachers and that those teachers would never need to get qualified. Because of this, Al-Madinah was able to to open a school consisting almost entirely of lay professionals who had no experience of lesson planning, assessment frameworks, or safeguarding. Pleas that the policy change delivered “flexibility” is not good enough. It was blatantly obvious some schools would take advantage and this is the first casualty. 3. A “middle tier” is needed to support schools in trouble Al-Madinah is now in trouble – and who is going to help? Free schools are only accountable to the Secretary of State, who relies on Ofsted to give the nod that says they can stay in business. But Ofsted can’t be everywhere. So when things go awry, the school will limp on until Ofsted arrives again (which could be a period of years). And then, once problems are revealed – what happens next? The local authority has neither the power nor the capacity to help. So who will help the school improve? Or, if the decision is made that the school will close, who will see that it is wound down responsibly? Who will help the students get places in other schools? We know that the DfE is completing ‘monitoring’ visits in the first year of school operations, but we don’t know what the visits involve, what they find, or who is responsible for resourcing necessary improvements. Basically, if a school is struggling there is no clear plan for improving it. 4. We need a process for closing free schools If the government is going to run with the line that “this is the inevitable consequence of innovation”, then it really ought to have a plan for that inevitability. Unlike in the US where most states now issues contracts with very clear quality measures, (so a school will knows the standards it is required to meet annually), the rules around what constitutes minimum required quality in England is fuzzy. There is confusion over funding agreements and Ofsted’s right to revoke a founder group’s ability to run a school. There is no clear line about the length of time a school has to get its quality sorted before takeover, or what processes it must go through. Al-Madinah have already openly questioned whether or not the government is entitled to try and close it on the basis of the current inspection. If these rules are not crystal clear (which I’m not convinced they are), any further action on Al-Madinah could become a lengthy tussle. 5. Who will pay to close free schools? Even if a free school closes willingly, there is still the problem of contracts. Property rent, computer equipment, cleaning companies. With no contract oversight (and in this case no reconciliation), who is responsible for buying out those contracts? What happens to buildings purchased? State education departments across the US have spent millions on legal bills trying to resolve issues of closure because they didn’t have clear rules decided in advance. I’d have sympathy for the government on this, if I hadn’t been telling them all along that this would happen. *** On its own Al-Madinah is a school that needs help to better provide for the children it serves. Really, I understand that. But I will not lay off using this example as a way of highlighting bigger issues. The government will want to paint this as an accident, or as an unexpected situation, maybe even a minor inevitability. But it’s not. The situation was absolutely predictable and absolutely stoppable. If not completely, at least in part. There was no need to allow schools to have almost entirely unqualified staff. There is no reason why Ofsted could not inspect sooner, and no sense in implementing this policy before a proper middle tier of scrutiny and support was created. That contracts of quality were never thoroughly outlined always seemed weird, but what I find unforgivable is the lack of a transparent opening and closure process. Politicians cannot tell teachers and children there is no excuse for failure then pussyfoot around when it’s their mistake laid out on the table. This has been a cock-up and Gove, as the person who pushed this legislation through, needs to admit it. If he does, then perhaps we will finally see something done about it. This post originally appeared on lauramcinerney.com, and is crossposted here with her permission › Time to put a name to the anonymous spokesperson The gaping and problematic holes in the free schools policy have been apparent from the start. Photo: Getty Laura McInerney taught in East London for six years and is now editor of Schools Week. 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