Accountability and Choice in Schooling

The reform process in the schools system of England and Wales founded on the Education Reform Act 1988 promised that the introduction of competition would result in enhanced power and choice for parents which would, in turn, lead to increased accountability of those delivering education and a consequent improvement in educational standards. This work considers, both from a theoretical perspective and in the light of empirical evidence, the extent to which these promises have been fulfilled. The Grant Maintained (GM) sector (and the process of "opting out" to GM status) is used as an example of the introduction of market forces, although consideration is also given to other, equally controversial, aspects of the reform programme, including the national curriculum, associated testing arrangements, "league tables" of schools and the implications of "open enrolment". Examples of similar developments in other jurisdictions, including the US, are used to shed further light on the nature and effects of these measures.
The work is written from a public law perspective, that emphasizes the breadth of the presence of law in public administration, and implies an active role for the legal system in ensuring that democratic and constitutional purposes are served. It is informed by a belief that an essential element of such purposes is the furthering of equity in the distribution of a "public good" such as state schooling.