Despite all efforts to delay the Academies Bill's progression through Parliament, it became an Act on 28 July. As a direct result of NUT members lobbying and emailing their MPs the Government has been forced to make a concession and allow for consultation before an academy is established. This was confirmed in a letter from Michael Gove. The legislation, however, is still fundamentally flawed as it allows for “consultation” to take place after an Academy Order has been made. This is not “consultation” in any meaningful and genuine sense of the word, but rather “information” after the event.

The Government also made the following significant concessions:

• Academies must admit a child if the school is named in the SEN statement.
• SENCOs in academies must be qualified teachers and properly trained.
• The Freedom of Information Act 2000 will apply to academies and this should provide more transparency.
• Before proposals for a free school are approved the Secretary of State must take into account the impact on other local schools and colleges.

The Secretary of State must make an annual report to Parliament on academy arrangements and their performance.