Education Act 1998: Performance of Adjudicators (Hansard, 21 January 2002)

§ The Parliamentary Under-Secretary of State, Department for Education and Skills (Baroness Ashton of Upholland)
My Lords, the latest annual report from the Chief Schools Adjudicator, published in October 2001, provides a review of the performance of adjudicators. Adjudicators are independent of government as they operate in a quasi-judicial capacity. Any concern about their decisions would be pursued by judicial review. There were no applications for judicial review of adjudicator decisions in the past academic year.

§ Lord Pilkington of Oxenford
My Lords, I thank the Minister for her reply. However, is she happy, even in the absence of judicial reviews, that adjudicators follow similar rules of procedure which should require consultation with schools and local communities before they make a decision? For example, they consulted immaculately in relation to the closure of a school at Gravesend in Kent, but there was no consultation with interested parties concerning preferences given to parents of potential grammar school pupils. That seems to me odd—even unjust—particularly as the adjudicators are appointed officials and are not responsible to the electorate as were their predecessors. I confess an interest as president of the National Grammar Schools Association.

§ Baroness Ashton of Upholland
My Lords, I am familiar with the three adjudication decisions made in Kent on 27th July, 12th October and 14th December. The adjudicators are able to consider only those matters put before them. It is up to school admission authorities to have regard to the effect on parents and children of any changes that they want to make after they have published their admission arrangements, particularly if they seek to vary them late in the admissions process. As I said previously, the adjudicators are independent of government and, of course, it is open to those who wish to do so to seek judicial review.

§ Baroness Sharp of Guildford
My Lords, is the Minister aware that at the time of the passing of the 1324 1998 Act many of us were unhappy about the position of the adjudicators because we believed that local decisions were involved which ultimately should be taken by local politicians? Can the Minister tell us to what extent she is happy with the experiment involving independent adjudicators?

§ Baroness Ashton of Upholland
My Lords, the adjudicators' purpose is to deal with decisions on local school organisation matters which it has not been possible to resolve locally and to deal with objections and variations to school admission arrangements. We are happy with the process in that it behoves an adjudicator to become involved only when local difficulties arise which cannot be resolved in a local context. We hope that it will be possible for them to resolve matters in the vast majority of cases—if not all cases. The adjudicators are independent people who are brought in only at that point. We believe that the process is working satisfactorily.

§ Lord Campbell of Alloway
My Lords, is there any machinery under which one can apply to the adjudicator to reconsider his decision in the light of evidence that was not before him; in other words, in the light of new evidence that at that time was not available?

§ Baroness Ashton of Upholland
My Lords, as I said, those who are unhappy with an adjudicator's decision may seek judicial review. However, adjudicators keep abreast of the situation. In relation to the three adjudicator decisions in Kent, as I understand it, the chief adjudicator visited Kent last week in order to discuss the issues involved.

§ Lord Pilkington of Oxenford
My Lords, I am sorry to intervene again, but perhaps I may remind the Minister that judicial review is an enormously expensive process. Traditionally the Secretary of State was the final arbiter. He is an elected Member in an elected House and is, we are told, the best guardian of all our destinies. Why has the Secretary of State been deprived of participation in this exercise?

§ Baroness Ashton of Upholland
My Lords, there has long been a debate about where such decisions best lie. It is considered that the independent nature of the adjudication system is of benefit to all. The noble Lord is correct that judicial review can be an expensive process. However, it is worth noting that, in the course of the year 2000–01, the adjudicator process cost £442,000 and that, in that year, 107 cases were considered.

§ Baroness Maddock
My Lords, can the Minister tell us who appoints the independent adjudicators?

§ Baroness Ashton of Upholland
My Lords, the noble Baroness has rather caught me with that question. My understanding is that appointments are put forward to the Secretary of State. If I am incorrect on that point, I shall of course write to the noble Baroness.