How Independent is Independent?

All three major political parties propose radical changes to education. Andy Falconer, Chairman-elect of IAPS, looks at the current threats to the independent sector and highlights the great value of 'independence'.

Many working in the maintained sector believe that independent schools provide some sort of utopia - freedom from red tape, a prescribed curriculum, government bureaucracy and interference - and therefore the ability to concentrate on the quality of teaching, learning and pastoral care. Teachers can teach, and leaders can lead. Independence gives our schools the freedom to determine the curriculum and examinations to suit the needs of pupils; develop important 'soft' skills through extensive extra-curricular programmes; adopt diverse teaching styles and promote a range of learning methods; determine admissions criteria and to exclude pupils who are disruptive to the learning of others or who break school rules; determine pay and conditions for staff; and manage revenues and expenditure.

Most Heads of independent schools probably thought the same ten years ago, and many of those freedoms remain, but our independence is increasingly under threat. For many, the thin edge of the wedge was when the Early Years Foundation Stage (EYFS) was made statutory for all schools including the independent sector. We have a Government who seem happy for the independent sector to educate around 500,000 pupils at no cost to the state, but want to increase the control that they have over them. The Conservative's Michael Gove is certainly making friendlier noises towards the sector, but history would indicate that independent schools have found things no easier under a Tory Government, than a Labour one.

So, what are the main threats to the independence of IAPS schools? The Independent Schools Council (ISC) published its manifesto in March, in which it focuses on many of the threats to the independence of its schools, some of which are highlighted here. There is no doubt that independent schools play a crucial role in the UK education system by offering choice, establishing benchmarks for quality, and allowing new ideas to be tested and judged according to their success. The quality of education they achieve - measured not only in examination results, but also in special needs teaching, helping the gifted and talented, extra-curricular activity and developing soft skills - can challenge the maintained sector, stimulate new ideas and raise aspirations for all parents and pupils.

If prep schools are to be truly independent then there needs to be a reduction of the administrative burden on schools caused by intrusive, over-prescriptive and conflicting safeguarding and welfare regulations. There should be one cohesive set of regulations covering all areas of independent schools' responsibilities that is distinct from those designed for more vulnerable children in other residential settings, such as children's homes. Inspections should be focused on improving outcomes for children in proportion to the need, and be less process-driven. Independent schools are highly successful in providing a safe and nurturing learning environment, with high standards of welfare and discipline. It is vital to preserve the right of schools to manage their relationships with parents and pupils without interference.

There really needs to be a single inspection system for independent schools that applies realistic, risk-based standards for care and welfare while identifying and promoting educational improvement. This system should cover both day schools and boarding schools, eliminate conflicting and overlapping provisions, and recognise that parents/guardians play an active role in overseeing their children's wellbeing. Clarity between what is required in law and what is merely good practice is required so that everyone involved in the inspection process knows exactly where they stand.

The basic principle of educational independence for prep schools should extend to the Early Years setting. The prescriptive nature of the Early Years Foundation Stage undermines the ability of our schools to educate pupils according to their individual needs and ensure they make a successful start to their main school careers. The EYFS should be turned into non-statutory guidance for the independent sector and any statutory requirements relating to key safeguarding matters should be incorporated into the single set of regulations for independent schools outlined above. It is ludicrous that central government feels it is best placed to dictate to schools what they should be teaching, particularly in such a prescriptive fashion.

The Conservative and Liberal Democrats have stated that they will abolish ContactPoint, the controversial database containing personal details of over eleven million children in England and Wales, should they be elected. This #224 million computer system is supposed to protect young people by creating a single register of their personal details to aid inter-agency work, but many feel it will have the opposite effect. Over 390,000 users would have access to the system. Independent schools will be forced to give details of their pupils under this scheme, if and when it finally comes into full affect, whether parents agree or not. The abolition of ContactPoint would allow resources to be focused on joining up Children's Services for those children most in need.

What many see as the misinterpretation by the Charity Commission of primary law regarding public benefit is another example of a government agency trying to erode the independence of independent schools. The accusation is that they have failed to disseminate pubic benefit guidance that is consistent with the law. As Christopher Ray, the High Master of Manchester Grammar School, wrote in the Autumn 2009 issue of Attain: "For all its protestations to the contrary, the judgements of the Charity Commission are politically motivated... [It] has adopted a blinkered approach, focusing upon means-tested bursaries and seeing little else. [...] The sub-text of this is worrying for many parents: not only are they confronted by taxes for the state educational system as well as by the independent school fees, they are now likely to face some form of surcharge as schools with limited bursary funds attempt to cover their backs.'

Two prominent QCs have spoken out in support of independent schools. One of them, Leolin Price QC, again writing in the same issue of Attain, was outspoken in his criticism of the Commission: 'Parents struggling to pay the fees and faced with having to abandon their choice of independent schooling for their children if fees are raised, or the closure of their chosen school because of the school's inability to persuade parents to pay extra fees for the school's 'public benefit' provision, will rightly ask whether the new 'rules' about 'public benefit' are lawful. My answer is that they are not and the Charity Commission is now dangerously engaged in a campaign to establish what, if it is not stopped, will achieve what Parliament and the Law have not authorised.'

Whilst the independence of our schools is being eroded from several directions it is important to remember that despite this, we still offer stability in an ever-changing political and educational world. We are not thrown about by the whims of different government departments or quangos, as our colleagues in the maintained sector are. As a result we are able to provide consistency and certainty in what we offer - quality, diversity and excellence of education. That diversity is vital. Parents should have a choice as to how they want their children educated, in the same way they have a choice about the healthcare their children receive. Whether this be through academies, the parent-led ideas touted by Michael Gove, or the current independent sector offering, what is important is that our education system gives customers (parents) choice, as they have with regards to health. But do not hold your breath for a voucher system. The Conservatives did at least promise to help reduce the amount of bureaucracy and paperwork with Shadow Minister Nick Gibb telling Attain: 'You can absolutely walk away with that guarantee. We are determined to slash the bureaucracy that's being piled onto both sectors... so we are going to get rid of a lot of that bureaucracy because it stifles creativity.'

What IAPS schools provide is opportunity. Although noted for a tradition of scholarship, independent schools are not the preserve of the brightest or most gifted children. Across the sector as a whole, our schools educate children of all abilities to make the most of their talents. All of our schools, including the less academic, non-selective schools, Attain impressive results and provide enormous value-added to their pupils. While the independent sector is widely respected for its examination success, its commitment to breadth is its hallmark. Our schools stimulate curiosity, experimentation and a healthy approach to risk, while promoting general skills such as teamwork, self-sufficiency, lateral thinking and intellectual rigour. A broad curriculum together with a multitude of opportunities for personal development through extra-curricular activities and leadership roles are vital elements in producing well-rounded, mature adults, able to cope with society's pressures and contribute to the common good. Government regulators and politicians should be seeking to embrace, encourage and learn from such an approach rather than trying to curtail and reduce the independence of independent schools.

Andy Falconer is Master of St Olave's School,York and will be Chairman of IAPS for 2010/11.

This article first appeared in the Summer 2010 issue of Attain.