Skills and Post-16 Education Bill [HL]

Baroness Barran Excerpts

Consideration of Commons amendments
Thursday 7th April 2022 Lords Chamber

Moved by

[Baroness Barran]

That this House do not insist on its Amendment 15B, to which the Commons have disagreed for their Reason 15C.

15C: Because the timetable for the rollout of the reform programme for post-16 qualifications should not be delayed further and the additional requirements would introduce unnecessary burdens.

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[The Parliamentary Under-Secretary of State, Department for Education (Baroness Barran) (Con)]

My Lords, I am pleased to be back in the Chamber to discuss the Bill as it reaches its conclusion.

After listening to debate from noble Lords a fortnight ago—the noble Lord, Lord Blunkett, in particular made a speech that spoke to his own experience, which I profoundly respect—I have come to this House with an announcement and clarifications that I hope will address the main thrust of those concerns. We are taking a pragmatic approach to our reforms as they are implemented and will continue to do so. We have already made important changes after listening to the arguments made in this House.

Last November, the Secretary of State announced an additional year before funding would be withdrawn from qualifications that overlap with T-levels. We have also removed the English and maths exit requirement from T-levels, but we do not think that a further delay will benefit providers, awarding bodies, employers or students. We know that stakeholders need clarity on the timescales for implementation, and we are continuing to support them in the rollout of T-levels. The announcements I am making today should give further assurance that the Government are undertaking their reforms in a measured, evidence-led and sensible manner and that any further delay is not necessary. We want to get on with delivering the Bill and our reforms to technical education qualifications.

My right honourable friend the Secretary of State for Education sent a letter to noble Lords. In that letter, he set out the Government’s position that many applied general qualifications, such as BTECs and other similar qualifications, will have a continuing and important role to play alongside A-levels and T-levels. To be approved for funding in future, qualifications will need to meet new quality and necessity criteria.

I want to make it clear that students will be able to take applied general-style qualifications, including BTECs, alongside A-levels as part of a mixed programme. We are not creating a binary system. Our aim is to ensure that students can choose from a variety of high-quality options, of which A-levels, T-levels, BTECs and other applied general-style qualifications will all play their part.

We have already begun our reform process, having confirmed that around 1,800 qualifications have low or no enrolments and will therefore have funding removed from August 2022. Our next phase of reforms will be to consider qualifications that overlap with T-levels. I know that noble Lords are all interested to see the provisional list of qualifications that overlap with waves 1 and 2 T-levels. I want to be absolutely clear to your Lordships today that through this process we expect to remove public funding approval for just a small proportion of the total level 3 offer, including BTECs. This will be significantly less than half. We expect to publish the provisional list in due course. There will be an opportunity for awarding organisations to appeal a qualification’s inclusion on the list to make sure we have applied our overlap criteria fairly. Our final phase in this process will focus on the quality of the wide range of other qualifications available.

I now turn to the commitment the Government are making in the light of the previous debate on the Bill in this Chamber. We want to ensure that we have the best evidence when considering whether to continue funding qualifications. As such, I can now guarantee that employers will have the opportunity to say if they believe qualifications support entry into occupations not covered by T-levels. This will mean that we have the strongest evidence to support decisions through the overlap process. It is important that there are no gaps in provision and that we retain the qualifications we need to support progression into occupations that are not covered by T-levels.

I was pleased in the previous debate to hear the support across the House for T-levels. Just as T-levels are being introduced in phases, we are also taking a phased approach to removing funding approval from qualifications that overlap. Let me reassure your Lordships that qualifications that overlap with T-levels introduced in 2020 and 2021 will not have funding approval removed until the academic year 2024-25. Similarly, we can guarantee that no qualifications will have funding approval removed because of overlap with T-levels being introduced in 2022 and 2023 until the academic year 2025-26. In this way, we will make sure that no existing qualification has public funding approval withdrawn before the relevant T-level alternative is available. Our reforms will ensure that all students have high-quality options that support progression to employment or further study, including higher education.

As I have said previously, we have put in place significant investment in T-levels, as well as support for the sector, to help providers and employers prepare for them. We are confident of their success and will continue to carefully assess the progress of our reforms to ensure that no student or employer is left without access to the technical qualifications they need. We will also continue to publish regular updates and evidence as part of our annual T-level action plans, which can be found on GOV.UK.

I have also heard loud and clear from noble Lords the concerns about reforms for disadvantaged students. Our impact assessment recognises that students who take qualifications that are more likely to have funding withdrawn have the most to gain from the changes. That is because in future they will take qualifications that are of higher quality and meet the needs of employers, putting them in a stronger position to progress on to further study or skilled employment. But we want to go further and continue to gather evidence to ensure that our reforms across both technical and academic qualifications are working as we intend.

In particular, the unit for future skills, as announced in the levelling-up White Paper, will make sure that across government we are collecting and making available the best possible information to show whether courses are delivering the outcomes that we want—helping to give students the best possible opportunity to get high- skilled jobs in their local areas. Today’s announcement and assurances are a clear statement from the Government that employers will play a valuable role in the process to determine overlap with T-levels and that we have mechanisms in place at all stages of the qualifications review to make sure that our reforms are evidence-driven and employer-led, levelling up opportunities for young people across the country.

 We have come here with an understanding, a sensible compromise, and a decision that I hope noble Lords will support, as this legislation has support across all parties. It will allow us to start transforming the skills system for the economy and people across the country. I beg to move.

[Lord Blunkett (Lab)]

My Lords, I thank the Minister. She is renowned in this House for her courtesy and willingness to listen and on this occasion she has done so in an exemplary manner. I know other Members of your Lordships’ House will, like me, appreciate the fact that she has been prepared to have considerable discussions behind the scenes, to talk with her Secretary of State, to ensure that the all-Peers letter sent out today from him adheres to the understanding that has been reached and that her statement from the Dispatch Box is, as I would expect, complementary to and exactly in line with the letter.

I thank my noble friend Lord Watson for his incredible patience with me over the past weeks. I really appreciate that. I understand that his young son is on the Steps and he is very welcome. I would also like to say how much I personally appreciated the support of noble Lords on Amendment 15B. Throughout the passage of the Bill, from Second Reading, Committee and Report right through to the beginning of ping-pong two weeks ago, we have had all-party consideration and support for high-level, top-quality, vocational and technical provision, including the introduction of T-levels. Concerns expressed have been heard and understood. If I might say so, we have done a good job in this House in making this a better Bill. The phasing in and timetabling of the reform and change are now in a much better place. As the Secretary of State’s letter said and as the Minister reiterated from the Dispatch Box, this is led by evidence, and with agreement of further evidence, which should be gathered to ensure that these reforms are delivered in the right way.

The topping and tailing of the Secretary of State’s letter is a reiteration of the standard lines to take, but the centrepiece of the letter is real progress, as the Minister already indicated. On that basis, it is really important that we accept the consensus that has been agreed, that we understand that when you are winning you give way, and that we continue the agreed programme in a sensible dialogue. All of us will have consideration of what “overlap” really means and how it is handled. I know that the noble Baroness, Lady McGregor-Smith, will have heard very clearly the discussions in this House and the statement from the Minister this afternoon. It is welcome that we are no longer going down a binary route, that we are allowing people to take A-levels as well as advanced qualifications such as BTEC, that we understand the needs of individual learners, that we appreciate that people mature in different ways and learn in different ways, and that pedagogy does not demand that one size fits all. I am appreciative of both the Government and this House for the way in which they have been so supportive. Thank you.

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[Lord Watson of Invergowrie (Lab)]

My Lords, it has been a long and winding road with this Bill, stretching back over 10 months from the position that we find ourselves in today. There is very little to add to what noble Lords have said in the last 20 minutes or so, but of course that does not mean that I will not make an attempt at it.

It is very pleasing that we have reached this position because, when the Bill arrived here, it was skeletal in form and many noble Lords made the point that it would be fleshed out only through secondary legislation. I do not think that many find that an acceptable means of legislating, given the restrictions on scrutiny that it entails. But we have had some fleshing out. We have the lifetime skills guarantee—albeit from only level 3 upwards—which will be introduced in 2024. We have the lifelong loan entitlement, which we know a bit more about and which is out for consultation at the moment; it will not come into play until 2025. There are also other consultations ongoing on level 2 and level 3 qualifications, so there is still quite a lot out in the ether and what will finally emerge is for the future.

I echo the points of noble Lords, particularly my noble friend Lord Blunkett, about the discussions into which the Minister, the noble Baroness, Lady Penn, and officials entered with us in the last few days. They have been productive.

I was slightly disappointed to get a message this morning from someone in the higher education sector who said that they were disappointed that the fight against BTECs being defunded, had fizzled out. Being a fairly forthright Scot, I replied that this was, shall we say, not quite the case. I have also had messages about the extension to 2024 and the clarity that will be provided in the documents that the Minister referred to—the Secretary of State’s letter and the table. I am not sure whether the table has yet been distributed to noble Lords, but it will be. It sets out the defunding process. The main point, as the noble Baroness, Lady Garden, mentioned, is that when this started, it was said that only a small range of BTECs would survive. We have now come not quite full circle but some considerable distance, with only a small range of BTECs facing defunding and in certain circumstances, as the Minister outlined. That is very much progress, and we welcome it.

To echo the noble Lord, Lord Baker, T-levels will ultimately be a success—we want them to be and they will be; it is a question of time. In our discussions earlier in the week, the Government’s target was 100,000 T-level starts in 2024. That is quite ambitious, given that we have only 5,000 at the moment, but I wish them well. Equally, I welcome that for those young and not so young people for whom T-levels are not appropriate for whatever reason—there are many reasons why that might be the case—there are other options remaining open to them, not least the route into higher education, which has been, as many noble Lords have said, very important. I am pleased that we have got to this. As my noble friend Lord Blunkett said, the Minister has been very helpful in that regard.

The noble Lord, Lord Baker, deserves considerable credit. Through his efforts, the clause bearing his name from the 2017 Act has been beefed up and will carry much more weight and be much more effective than it has hitherto been, with the ability of providers to be brought into schools. There will be much less likelihood of head teachers saying, “No, no, we don’t need that actually. Most of our young people are going to university, we don’t really need to hear about apprenticeships or any form of technical education”. That is wrong in any situation and is now much less likely.

The question of careers education is important. The noble Lord, Lord Blunkett, mentioned it, and I am very proud to say that there is a young man—my son Thomas—sitting on the steps of the Throne who is about to enter senior school. By the time he reaches 16, I hope that these reforms will have bedded in and he will have many options open to him and his cohort, enabling them to make informed decisions on how their lives will pan out, whether through further education, higher education, apprenticeships or whatever. I very much hope that that will be the case.

I do not really have anything else to say, other than that the Bill is in a much better state than it was when it arrived here. Many noble Lords have played an important role in getting us here, and I have to say that the Government have been willing to listen and act. It is important that this Bill is a success. The futures of many young and not so young people depend on it, and the future economy of this country depends on it. I hope it will succeed.

[Baroness Barran (Con)]

My Lords, as the noble Lord, Lord Watson, said, this Bill has been with us for a while and I know that noble Lords are keen to start their Easter break, I hope with their families. I thank noble Lords for their very generous words on the work that we have done in government, with officials and with many of your Lordships to get the Bill to where it is now. I hope that it will deliver on all our shared aspirations in this area.

I shall try to respond briefly to the questions from my noble friend Lord Johnson regarding parity of esteem. Without wanting to play with words, we are aiming for clarity of esteem—although I am not sure whether that exists. We want to have a range of high-quality options for young people. We want them to be absolutely clear which ones work for them, which are suitable and which offer the right path forward. Of course, that is underpinned by parity, but we need clarity as well, because that has been lacking in the past. In relation to his second point, we also need absolute clarity for providers. There is an enormous job still to be done to communicate the value of all the different options that young people will be offered.

In response to the noble Lord, Lord Watson’s correspondent, and the fight against BTECs fizzling out, I think we could agree that the fight for quality is certainly not fizzling out in any way. I am not sure there ever was a fight—but anyway.

Before closing, I thank all noble Lords here today, many of whom have contributed to debates throughout the passage of the Bill. I pay particular tribute to the Front Benches, to the noble Lords, Lord Watson and Lord Storey, and the noble Baronesses, Lady Sherlock, Lady Wilcox and Lady Garden. I say two things to the son of the noble Lord, Lord Watson, who is sitting on the steps of the Throne. I share the aspirations of the noble Lord that our reforms are bedded in, and I hope that his son and all his classmates will have a great range of opportunities. I also remind him that what he sees in this House today is the tip of the iceberg of the work that the noble Lord and his colleagues have being doing over the last few months to get this Bill to where it is.

I also thank the many former Education Ministers and Secretaries of State in this House whose insights we have benefited from—my noble friends Lady Morgan, Lord Willetts, Lord Baker and Lord Johnson, my noble and learned friend Lord Clarke and the noble Lord, Lord Blunkett. I also say special thanks to my noble friend Lady McGregor-Smith. She has been a great mentor and helped me to understand how this Bill will work in practice.

I also thank my noble friends Lady Penn and Lady Chisholm for their support. I thank the Bill team officials who have worked on the Bill—Kady Billington-Murphy, Ellie-May Morris, Emma Sisk, Lois Clement, Georgia Scoot-Morrissey, Charlotte Rushworth, Katrina Leonard-Johnson, Catherine James and Stephen Wan. I especially thank Jessica Clark in my private office, who has been an exemplar of calmness under pressure.

Motion A agreed.

Education: Multi Academy Trusts

Baroness Barran Excerpts

Wednesday 6th April 2022 Grand Committee

[The Parliamentary Under-Secretary of State, Department for Education (Baroness Barran) (Con)]

My Lords, I thank my noble friend Lord Lingfield for securing this important debate and congratulate him on his vision, so long ago in the mid-1980s, in the work he proposed at the time. As we all know, it is still a work in progress but this Government are committed to delivering on it.

As noble Lords have said and as set out in our recently published White Paper, our mission is that by 2030, 90% of children will leave primary school having achieved the expected standard in reading, writing and maths, and that at key stage 4 the average attainment in both English and maths will increase to grade 5. Currently, the average for children at key stage 2 is 65%, and for children with special educational needs it is around 22%. As my noble friend Lady Berridge pointed out, that is unacceptable and it is that on which we need to focus. I also thank her for her kind words, and possibly the best ministerial handover breakfast that either of us will ever have.

Strong multi-academy trusts—I stress “strong”—are absolutely central to achieving this ambition. Our priority is to extend their impact across the whole country, particularly in areas of high need. We want to remove barriers to conversion for all types of school, while strengthening the system in regulation and accountability, and making sure that every actor in it has a clear role. We believe that this will level up standards and ensure that every child has the best possible opportunity to succeed in the future.

The noble Lord, Lord Watson, gave examples of how we would do this that related to chapters 1 and 2 of the schools White Paper, I think. He rightly said that this is done by having great teachers for every child, and the Government entirely agree. He also said that it is done by having a really strong curriculum based on evidence and supported by excellent behaviour and attendance—those are my words, not the noble Lord’s, but I do not think that he would disagree. As your Lordships are aware, that is supported by the parent pledge.

I must correct the noble Lord’s statement—forgive me if I do not quote him accurately—that the department picked a headline and then picked the facts to meet it because we had already conceived the policy. I give the noble Lord my word that I worked really hard with excellent officials on that and that is just not the way that we did it. We started with the targets that we wanted to achieve and looked at the evidence for how they could be delivered, and that is what your Lordships see in the White Paper.

We know that this matters so much because teachers and staff in all schools, whether maintained schools or academies, have been working tirelessly, particularly over the last two years, to achieve excellent outcomes for children. Trusts have been able to support teachers in schools where that challenge is greatest. The noble Baroness, Lady Blower, questioned why we referenced the seven out of 10 sponsored academies. Those were schools that were inadequate—many of them were failing for many years, as my noble friend pointed out—and had failed several children in the same families. We put that in bold because the successors of 434,000 children who were in inadequate schools are now in good or outstanding schools. Some 600,000 children in this country are still in inadequate or double-RI-plus schools. We are absolutely determined to make sure that we see an end to that.

On the NEU research that both the noble Lord, Lord Watson, and the noble Baroness, Lady Blower, referred to, I note that the noble Lord, Lord Watson, used the term “manipulate figures”, and I hope that he might retract that statement. I would be delighted to meet with both noble Lords. We are preparing a formal response to that paper, as we believe that there are misunderstandings, at best, within it. The claims are based on selective data and misrepresent the published evidence. As I say, we are preparing a full response for the NEU, and I would be delighted to take both noble Lords, and any other noble Lord, through the data that we used in putting together our proposals.

As I have said, we want all children to be educated in strong trusts, but we know that the system remains mixed at present, and many of our best schools operate alone. On my noble friend’s point about single-academy trusts, I say that they have so much to offer the system, with their leadership and innovations, and we want that to be shared across schools that do not currently benefit. Whether that comes from a single-academy trust or a maintained school, our focus is on quality, and we need some of those trusts to grow. Those that fall short of our expected standards need to be replaced with much stronger ones.

We want to ensure that every pupil is educated in a strong trust, and we set out the five key characteristics of a strong trust in the White Paper: first, that there should be a high-quality and inclusive education; secondly, that there should be sustainable school improvement; thirdly, that there should be training, support and opportunities for teachers throughout their careers; fourthly, that there should be strong strategic leadership and governance; and fifthly, that there should be effective financial management.

In his speech, my noble friend thoughtfully explored the question of the size of multi-academy trusts. We are not pursuing size for its own sake, but if we think of our priorities in terms of educational outcomes, the hierarchy is a well-supported workforce, strong governance and financial efficiencies. We must have educational performance as the first and we believe it cannot be done without a well-supported workforce and strong governance. We are not pursuing size for its own sake. My noble friend is right that there are some great smaller trusts. Equally, I do not recognise some of the data that he referred to about the largest trusts, but I am more than happy to sit down with him to go through this. If I can name two of our best trusts, at the risk of offending others that deserve to be named, the Harris Academy Trust and the Star Academies Trust both have outstanding results and have done remarkable work in terms of school improvement. I am wondering whether some of the data that my noble friend is looking at includes schools that were recently failing and have just gone into those trusts, because they have done a lot of the heavy lifting—not just those two, but others—in turning around very weak schools.

The noble Lord, Lord Storey, and other noble Lords referred to CEO pay. We take it extremely seriously. There are two issues that we need to think about, as I said in our response to the noble Lord. One is the absolute figure. I do not know whether the right metric is to look at the Prime Minister’s salary, and we have to be careful because often the figures quoted include pensions and other benefits and are then compared with salaries. There is, of course, an issue about absolute levels, but there is also an issue about value for money. On that point, the largest trusts offer much the best value for money. If you look at CEO pay or overall leadership pay per pupil, they offer the best value for money. We now have trusts which have responsibility for 75,000 children. We need to get the best people to lead them.

The noble Lord, Lord Storey, and the noble Baroness, Lady Blower, talked about the importance of local. We heard it loud and clear, not just from your Lordships but in our engagement with schools ahead of the White Paper. We are very clear that that is extremely important. The data from the 2021 National Governance Association report showed that 76% of trusts have a local committee for each academy in their trust and a further 12% have a local tier of governance which oversees a group of academies, so 88% of trusts already have some form of local governance in place, but we agree that it is important. To clarify, as the noble Lord, Lord Watson, asked, we are not forcing schools into trusts.

My noble friend asked about the incentives in relation to rural primaries. It is that ability to collaborate, share resources and make a more resilient network of schools. I was lucky enough last week to visit the Old Cleeve First School in west Somerset, which has a grand total of 91 pupils and is part of the West Somerset Academies Trust. The people there gave me two examples—one in relation to the national tutoring programme. As a stand-alone school they would never have been able to participate, but they were able to share a member of staff across three schools in the trust. They also talked about the career opportunities for their staff, which would normally be very limited in a school like that, where you have two forms learning together—so a very small staff team, which is able to move to other parts of the trust.

I would like to set the record straight in relation to the remarks made about the curriculum. Some trusts have a curriculum which they expect all the schools and their trusts to follow; others will give schools in the trust more flexibility. There is really a range—so it is wrong to describe it as such; but I am interested, and I hope that after the debate I will be able to talk to your Lordships about the impact on workforce. On the one hand, we know that the workforce is under pressure but, on the other hand, we have pushed back, and it is something that could save teachers so much time if they have a well-sequenced curriculum to work from.

I cannot accept the point about a lack of transparency on accounts. There is so much greater transparency in the academy sector than there is in the maintained sector.

My noble friend Lady Berridge talked about the importance of focusing on disadvantaged children. I agree with her absolutely; that is why she will have seen that we are targeting a particular investment in educational investment areas, those local authority areas with the highest need and the most entrenched underperformance of schools. I thank her for the welcome for the consultation, which I think she did a great deal of work on, on being able to require schools that have had two judgments below good from Ofsted to join a multi-academy trust.

I thank my noble friend Lady Fleet for all her work in the area of music education, particularly in relation to the national music education plan, which she and I are both looking forward to being published—and not just published but seeing implemented in schools across our country. My noble friend gave some excellent examples of MATs that are really using music as part of the curriculum to great benefit. Certainly, our understanding is that many music teachers might find themselves working in isolation in individual schools, and working in a MAT can be a real benefit in continuing professional development, sharing resources, adding capacity to their teams and giving opportunities for progression.

We also believe that lengthening the minimum school week will benefit some of the curricular and extracurricular enrichment activities.

My noble friend Lady Berridge talked about the risk of capital and use of data in weaker responsible bodies with poor buildings. We have significantly improved our data on the condition of the school estate, including through the condition data collection. Its successor programme, CDC2, will visit every school again in 2026. We also ran a pilot of a capital adviser’s programme in 2021 to test how professional advisers could support trusts to manage their estates more effectively, and we will consider how that can be rolled out further.

My noble friend asked an important question about how long it takes and what the average time is to transfer a school into a trust. I shall write to her on a number of questions. On that issue, I am not sure that the average is really meaningful. The majority of schools are moved in a reasonably straightforward way, then there is a tail of schools, which are extremely difficult and may go on for many years. That is clearly unacceptable, which is why we have set up two MATs—the Falcon Education Academies Trust and the St Joseph Catholic MAT—which can act to hold those schools on a temporary basis until a sponsor is found.

[Lord Watson of Invergowrie (Lab)]

The Minister is talking about schools moving into MATs. Both the noble Lord, Lord Lingfield, and I asked why schools cannot move from one MAT to another or move back into the maintained sector, if they feel it is in their interests to do so.

[Baroness Barran (Con)]

I have got that, although I am well out of time—but the noble Lord has given me permission to overrun. We are going to consult on the ability under certain circumstances for schools to leave a MAT, if they feel that there are good reasons for that; it is something that we will consult on and explore in some detail.

I am well over time, and I shall write to your Lordships on any questions. In closing, the White Paper is the start of a journey towards a stronger and fairer schools system, with children benefiting from high standards in all areas of the country. It is a journey that will depend on us supporting and empowering our greatest leaders in education; it will depend on us working with parents to make sure that their children achieve their potential wherever they are born, and it is probably the most important journey that any of us will take.

Special Educational Needs and Disabilities Review

Baroness Barran Excerpts

Wednesday 30th March 2022 Lords Chamber

[Lord Addington (LD)]

My Lords, first I remind the House of my declared interests in this field: I am dyslexic; I am president of the British Dyslexia Association; I am a long-established user of assistive technology and chairman of a company that provides that across the education and working sector.

The best thing about the system is acceptance of the problem. In the current system, you are advised to get legal advice to get the best results. If ever there was a definition of failure, that is it: people cannot get the help they need from the mainstream system which the law dictates unless they have legal support. There really is no bigger condemnation, and I congratulate the Minister on bringing forward something that recognises that. The system we have has not worked. It has not worked for a variety of reasons, mainly, I feel, because the school process, whereby schools take money out of their budgets to support individual pupils, is counterintuitive to the school. They can take £6,000 out of their mainstream budget to support a pupil, but not put £6,000 into training staff to meet the recurring needs.

We talk about pupils with a commonly occurring condition, but I agree that this is not the full package: there is a range of subjects and most people who come into this category have a cocktail of conditions. If they are lucky, with good parents—the tiger parent—fighting for support, a bit of resource, they generally get a decent result, even if they have to pay lawyers. If they do not have that, they get a bad result and will end up in alternative provision. Can the Minister give me some idea about how those who will initially be below the threshold for intervention needed for the plans will get help and support? I cannot see how that will occur.

The noble Baroness will say something positive about SENCOs, which is good, but it requires more than that. It requires a recognition strategy caused by having good teachers, teachers with knowledge, in place to identify and get help in early. Because we all know that is the way it works: identify early, get strategies in place, get structure, and there is less resistance from the pupil. How will we do that with this system? How will we make sure that the system knows what it is doing when somebody starts to fail? Are we going to have a degree of flexibility built into this national plan?

Why can I never remember the exact name of the phonics system? It is specialist synthetic phonics. The Government say that the phonics system is suitable for everybody; guess what? The British Dyslexia Association, the biggest individual group, says it does not work for dyslexics, so we will need an alternative provision of teaching and how to implement that throughout the system to get the best out of the biggest cohort. It is not the only cohort, but it is the biggest. How will we do that? How will we make that work if we do not have a degree of flexibility built in and do not address the fact that certain people will always struggle?

We cannot ignore what happened yesterday. Apparently, 90% of pupils in this country are going to reach literacy standards. I have already identified 10%—and that is a conservative estimate—of those who will have extra problems with reading and writing. We can also stick on 5% or 6% who are dyscalculic. But wait, look at the good news—some of them are included in the first 10%, so they actually have multiple disability problems. It is called “comorbidity”, but I think that “co-occurring” sounds better. You can stick dyspraxia and autism in there, and they are just the hidden disabilities. How will we achieve this unless there are people who can identify early, and not take it to this system of struggling identification? I quite understand that the Minister may well be able to make it less legally driven, but there is a danger that it will go back there.

I hope that the Minister can give us some idea about guidance. If the Government want to achieve their high literacy levels, how about someone who word processes by talking and listening to their computer, as opposed to just tapping the keyboard? That is available to everyone. I know that the Minister has had some experience with this; she is the first Minister I did not need to show this technology to.

A slightly more flexible approach will get far better results here. If the Minister can assure us that, with guaranteeing standards, they agree with that flexibility, all things are possible. If we go back to saying, “No, this is the way we should do it”, and having conflicting stories, we will just have failure—it may not be quite as bad, but we will still have failure.

[The Parliamentary Under-Secretary of State, Department of Education (Baroness Barran) (Con)]

My Lords, I thank both noble Lords for their remarks and acknowledge the opening positivity of the noble Lord, Lord Watson. I genuinely believe that the reason his initial response to the review was positive—“buts” permitting—was because my ministerial colleagues and officials in the department have worked really closely with parents, carers and young people with disabilities. This review has been co-created with them, and we thank them enormously for their time.

The noble Lord, Lord Addington, rightly highlighted the adversarial system which we face today, with parents feeling forced to go to a tribunal to get suitable provision for their children. We really believe that our plans will lead to much greater transparency about what is available for their child in their local area, and much great clarity about how it can be provided. We very much hope that, combined with our offer around mediation, parents will feel that their voices are heard—and heard early—and that their child’s needs can be met, ideally, as close to home as possible.

Both noble Lords rightly stressed the importance of early intervention, and I am sure that they also share our aspiration in terms of quality and consistency of provision. It is really striking—for example, when comparing local authorities and the percentage of children with an education, health and care plan who end up in a specialist setting—that the same child is six times as likely to end up in a specialist setting in one part of the country, compared with another. That spreads through the system, including those without an EHCP. We hope that one of the building blocks for earlier intervention will be clarity. This clarity will be achieved through new national standards which will set out which needs can and should be met effectively in mainstream provision, and the support which should be available there without the need for an education, health and care plan. It will also provide guidance on when a child or young person does need an EHCP and whether they need a specialist placement. I am sure that the House shares our concern not just for those children who are diagnosed late, but those children who are never diagnosed at all and do not get the support they need.

We also hope that reinforcing the provision that exists in mainstream schools for children with special educational needs and disabilities will help with early intervention. Our ambition is that we should have a truly inclusive education system so that mainstream provision, supplemented by targeted support when it is required—by which I mean those specialist interventions for children but also pastoral interventions—will allow them to thrive in a mainstream setting. We also want timely access for those with more complex needs to specialist support or placements in alternative provision.

We are trying to balance the work we are doing in consulting on and planning a system that works more effectively for young people with not waiting to make sure that the funding that the noble Lord, Lord Watson, referred to, gets to young people through their local authorities as quickly as possible. We are investing more in this system than we ever have. In 2022-23 the high-needs budget will be £9.1 billion, and it is set to increase further over the coming years. Therefore, we have made our commitments in revenue funding but also, critically, in capital funding, providing up to 33,000 additional places for children requiring specialist provision.

Looking to the future, the review proposes a system of funding bands and tariffs so that people better understand the level of future funding they can expect to receive. We will move to arrangements for funding schools directly, rather than through the local authority funding formula, but that will obviously take some time to implement. We also think that improvements in the quality of provision will be driven by the local inclusion plans, which every area will prepare in a multiagency way with their health and social care and education partners, and, critically, with parents and carers. That in turn will be reinforced by local dashboards, so that we have real transparency across the country about what is working, what needs more attention and how we can learn from one another.

The noble Lord, Lord Watson, referred to the 2014 reforms and the need to have really effective implementation. We are absolutely aware of the need to learn lessons from 2014. We are setting up a special delivery board, which will oversee the rollout of these policies. We are also establishing a £70 million change programme for this work so that we can test and refine proposals before we scale up.

In response to the noble Lord’s question about further education settings, we absolutely agree that they are an incredibly valuable resource for young people with special educational needs. Our proposals will allow FE settings to be absolutely clear about the support that they are expected to deliver for young people. We continue to work with stakeholders in that sector so that our proposals are shaped by their expertise.

On the questions from the noble Lord, Lord Addington, regarding dyslexia more broadly and the use of technology, it is fair to say that there is a range of views about the use of phonics for children with dyslexia and the right place for technology. I would be very glad, if the noble Lord would be interested, to arrange for him to meet colleagues in the department so that we can give the points he raised the time that they deserve.

In closing, the Government are ambitious for all our children. For children with special educational needs and disabilities, as for every other child, we are determined to build an education system where they can get the right support, in the right place, at the right time.

[Baroness Chisholm of Owlpen (Con)]

Can I ask my noble friend the Minister what the plan is for teachers to be able to identify children with special needs, particularly at an early age—as early as reception, where I feel things often start going wrong? It is also about being able to give parents support when they come forward, when they feel that there might be a problem with their child.

[Baroness Barran (Con)]

My noble friend raises an important point. She is right that early years education, even before reception, has consistently been proven to be absolutely fundamental to strengthening a child’s readiness for school and educational potential over their life, as well as for wider educational outcomes. We propose to increase the number of staff with an accredited level 3 SENCO qualification in early years settings to improve the special educational needs and disability expertise in those settings by up to 5,000 additional practitioners.

[Baroness Blower (Lab)]

My Lords, my noble friend Lord Watson has had a good deal more time to look in detail at this Green Paper than I have, but I look forward to some conversations about it with the Minister. My question follows rather well from those of the noble Lord, Lord Addington, and the noble Baroness opposite. One issue about early intervention is that there is a paucity, not to say an absence, of the study of child development in the initial stages of teacher training and education. Frankly, if teachers are not exposed to that in their period of training, they will be ill equipped to recognise these difficulties early in their career. I implore the Minister to have a little look at initial teacher training and education, just to make sure that everything that we are saying is consistent, so we really can address the needs of all children.

Having said, that, we have had two Statements on education in two days—it is great, is it not—and there is a great deal to welcome in this Green Paper. However, we must all acknowledge that there is much more to do for children and young people with special needs and disabilities. We all, I hope, acknowledge that the challenges are not new. As it says in the Green Paper, the pandemic has exposed and exacerbated pre-existing difficulties. Some of us in this Chamber who have been teachers will know, and will have been having an uphill struggle in saying, that there is enormous unmet need and enormous challenges. However, the Green Paper also helpfully says, on page 13, that

“We need a system where decision-making is based on the needs of children and young people, not on location”.


That is absolutely right. If a child has a need, it should be met.

It may be that the standardisation of the education and healthcare plan will help with that, and it may also help, as I think it suggests in the Green Paper, with some elements of reducing staff workload. But however much we have the ambition, the lived reality for children and young people has to be, as the book says, that they get the right support at the right time, so I applaud that.

[Baroness Blower (Lab)]

Is the Minister absolutely confident that there will be sufficient funding going forward? I have one specific question. Why is it that the special schools with alternative provisions will be free schools, when it is very clear that local authorities will have a significant role to play in the delivery of these improvements? Why can they not be commissioners of providers of schools?

[Baroness Barran (Con)]

In answer to the noble Baroness’s second question, they could potentially be presumption free schools. However, as she knows, all new schools are free schools. On early childhood development—this was not her question, but just to clarify—content on special educational needs and childhood development is part of the initial teacher training curriculum. I am extremely interested in early childhood development. As the noble Baroness knows, I ran a domestic abuse charity for many years, so I am looking forward to a longer conversation with her on that.

In relation to funding, the noble Baroness will know that we have moved fast to try to meet the increase in funding needs, which have gone up by 40% over the past few years. It has been an unsustainable situation, and we have worked hard with local authorities to try to manage the pressures they are under. We hope that this approach will mark a step change in the funding that is required and how it is spent.

[Baroness Finlay of Llandaff (CB)]

My Lords, I should declare an interest having chaired the National Mental Capacity Forum in recent years; I have just finished doing so.

I want to ask about the children and young people with severe learning difficulties. I seek assurance that their plan towards adulthood includes looking at the strengths they have to maximally support them in their own decision-making and, where possible, ensure that they have adequate capacity to choose someone to hold lasting power of attorney in future for financial, health and welfare decisions. It is awful when they suddenly reach their 18th birthday and their parents find that they can no longer take decisions and have not made adequate provision ahead of time. Many of these young people have enough capacity, when carefully supported, to take the decision because they know what they need and who they trust to take decisions for them. It is much safer than leaving it up to fate later on.

[Baroness Barran (Con)]

The noble Baroness makes a very good point. Given that this is a consultation, I really encourage her to share that as part of her consultation response so that we can take it into account in our plans going forward.

[Baroness Garden of Frognal (LD)]

My Lords, following on from the noble Baroness, I do not think that the Minister entirely answered the point about initial teacher training. What is being done in such training to ensure that every new teacher is equipped to recognise special educational needs? There is early and accurate identification of need, but they can do that only if they are trained to recognise the different types of disability that children might have.

The other thing I want to ask about concerns the new statutory SEND partnership. How will this plan differ from the plan that is in existence at the moment for children’s health and care plans? Can the Minister explain that too?

[Baroness Barran (Con)]

I understand why the noble Baroness talks about initial teacher training, although she will be aware that it is outwith the scope of this Green Paper. Our wider vision for teachers is that they should have opportunities for professional development at every stage of their career, whether that is initial teacher training, early career development or beyond. We will consult on creating a SENCO NPQ, which will give teachers who wish to develop in that area an opportunity to do so.

The noble Baroness also asked about the new approach. Some of the difference will be around clarity. First, the new approach brings together special educational needs and disabilities and alternative provision. As the noble Baroness knows, one of the things the pandemic high- lighted was the number of children in AP with special educational needs and disabilities, so we want to bring those together. We want absolute clarity around standards of provision and on roles and responsibilities. We also want much clearer accountability and the partnership to work in a coherent way, including with the partners I mentioned in response to an earlier question.

[Baroness Bennett of Manor Castle (GP)]

My Lords, returning to a theme that has been at the centre of our discussion, the Early Years Alliance did a survey of its providers in preparation for the Green Paper. It found that three-quarters of them had seen an increase in the number of children with formally defined SEND over the past two years, while even more—84%—believed that they had children whose needs had not been identified formally but were clear to them. The survey covered a really disparate group of nurseries, pre-schools and childminding professionals. Some 40% of them said that they get no extra funding now; 87% of them said that they do not get enough funding to meet the quality of care they believe is necessary; and 56% of them said that they had had delays in getting funding. Is the Minister really confident that there is enough in this Green Paper, with the reorganisation and redrawing of boundaries and responsibilities being put on local authorities, to address these issues? Do we not need massively more resources to be put into this stage, which the paper identifies as absolutely crucial?

[Baroness Barran (Con)]

The Government are putting significantly more resource in. I absolutely hear what the noble Baroness says but I hope she also accepts that we have little consistency in how we identify children with special educational needs and disabilities. Of course, their needs are at varying levels and require varying levels of funding to address them. Just from visiting mainstream schools, I know that there will certainly be great variations in the percentage of children identified with special educational needs. Sometimes that is because of great early intervention that has addressed and dealt with their needs; other times, it is because of poor intervention; other times, there are different reasons. However, every local authority will attract a funding increase of at least 12% per head for their two to 18 year-old population in 2022-23, with some local authorities seeing increases of up to 16% compared with the previous year. I hope the noble Baroness acknowledges that we are really committing money to sort this out.

[The Lord Bishop of Durham]

My Lords, I declare my interest as chair of the National Society, which leads the Church of England’s education work.

I hope the Minister will be pleased to hear that, in response to yesterday’s Green Paper, the Church of England has established a national network for SENCOs at primary and secondary levels, partly to get their opinions on how we should respond but also to offer development in future. However, I want to continue to pursue the early years question. Understandably, this is about education and social care. The first 1,001 days of life are the most crucial. Nothing here refers to the development of family hubs and the work of health visitors in the pre-two context, where some discernment ought to be available. Can the Minister comment on the join-up between the development of family hubs and the really early years?

[Baroness Barran (Con)]

I start by asking the right reverend Prelate—I am sure I speak on behalf of my ministerial colleagues as well—to share how warmly we welcome the creation of the networks. We very much look forward to their contributions to the consultation. In relation to family hubs, he is absolutely right that they are critical to this task of early identification. Obviously we have already announced our plans on family hubs; we are excited at the potential for multiagency working so that we can identify and support as early as possible. As the right reverend Prelate knows, family hubs support the whole family through to when the child reaches maturity; whether it is early or a bit later, they are there to help.

Foreign Languages: Economic Value

Baroness Barran Excerpts

Tuesday 29th March 2022 Lords Chamber

[Baroness Coussins (CB)]

My Lords, I beg leave to ask the Question standing in my name on the Order Paper and declare my interests as co-chair of the All-Party Group on Modern Languages and as vice-president of the Chartered Institute of Linguists.

[The Parliamentary Under-Secretary of State, Department for Education (Baroness Barran) (Con)]

My Lords, the Government believe in the importance of languages and welcome the report’s findings on removing language barriers to benefit the economy. We support language teaching through the recent modern foreign languages GCSE review, the MFL hub programme and the Mandarin Excellence Programme, among other initiatives. We are considering the report alongside other available research and exploring other ways in which we can expand the pipeline of fluent speakers to meet the country’s future needs.

[Baroness Coussins (CB)]

My Lords, the Mandarin Excellence Programme has shown that high standards can be achieved in state schools without impinging on other priority subjects, so will the Government launch an equivalent programme in one or more of the other three languages which could result in economic benefits? Secondly, given the finding that in specific sectors such as energy, services and mining other languages matter at least as much as English in reducing trade barriers, will the Minister undertake to speak with colleagues in the Department for International Trade and the Treasury to identify how language skills can be improved and funded in these sectors?

[Baroness Barran (Con)]

The Government welcome the results of the report, which do indeed highlight the notable achievements of the programme to date. We continue to explore how we can provide greater support for the study of other languages. Regarding the Department for International Trade, the noble Baroness will be aware that we recently announced a refreshed export strategy, Made in the UK, Sold to the World, giving UK exporters support services to seize the opportunities secured through our trade agreements. This is focused on market barriers such as language. I am happy to talk to colleagues there and at the Treasury, as the noble Baroness suggests.

[Lord Sherbourne of Didsbury (Con)]

Has my noble friend seen the evidence given just a few days ago by a former British ambassador to Moscow to a Lords committee, in which he lamented the decline of foreign language skills in the Foreign Office, especially Russian? Does she agree that it is quite important that diplomats who represent the United Kingdom in and promote exports to foreign countries should be able to understand and speak a foreign language? Can she therefore tell the House what progress has been made to improve foreign language skills in the Foreign Office?

[Baroness Barran (Con)]

I absolutely agree with my noble friend. The FCDO has some 800 specially trained linguists qualified in 46 languages, operating in 111 posts around the world. This figure includes almost 80 heads of mission.

[Baroness Garden of Frognal (LD)]

My Lords, speaking other languages is very good for warding off Alzheimer’s, as well as playing a significant part in international trade, which is the point of this Question, so it is a win-win. Are the Government still serious about ensuring that the UK can compete on a global stage post Brexit? If so, how will they measure the success of the measures they are taking to ensure that the woeful decline in modern language learning stops and is turned around?

[Baroness Barran (Con)]

I do not have time to answer the noble Baroness’s question in full, but I remind her that the uptake of French GSCE is slightly up between 2017 and 2021, Spanish is up very substantially from 85,000 students to 109,000, and 41,000 participants in the Turing scheme, 48% from disadvantaged backgrounds, have been allocated funding this year.

[Lord Anderson of Swansea (Lab)]

My Lords, does the Minister agree that a diplomat or business person trying to negotiate in a foreign language which they have not mastered can be dangerous, but nevertheless a basic knowledge of the language can ease the path to good negotiation?

[Baroness Barran (Con)]

I absolutely agree with the noble Lord. Indeed, returning to diplomats, more than 70% of FCDO staff in speaker slots, which require language skills, now have a valid exam pass in their target language compared to 39% in 2015.

[Lord McDonald of Salford (CB)]

My Lords, Willy Brandt put it best when he said “If I am selling to you, I will speak your language, but if you are selling to me dann müssen Sie Deutsch sprechen.” Clearly, German manufacturers got the point because this century Germany has been one of the two most successful manufacturing exporting countries in the world. Why is this fundamental truth so elusive to British exporters?

[Baroness Barran (Con)]

I think it is not elusive to British exporters. There are a number of mechanisms for improving our competitiveness on the world stage; language is one of them. However, English is a global language in the way that Deutsch ist nicht.

[Lord Watson of Invergowrie (Lab)]

My Lords, developing the point just raised by the noble Lord, Lord Sherbourne, in the European Union two-thirds of adults of working age can speak more than one language, yet two-thirds of Britons cannot hold a conversation in a language other than their mother tongue, so I am sure the Minister will be as concerned as I was to see the latest figures on A-levels in modern languages decline by a further 5% between 2017 and 2021. Yesterday, the schools White Paper pledged a network, I think it was called, of modern language hubs with CPD for teachers of those languages, yet the numbers of those teachers are falling. Will the cuts made last year by the Government in bursaries for language students, from £26,000 to £10,000, be reversed to support the development of those modern language hubs?

[Baroness Barran (Con)]

We were very pleased to announce in the schools White Paper the network of modern foreign language hubs. We are also increasing the languages bursary to £15,000 for 2023 to incentivise candidates. In 2020-21, the number of postgraduate modern foreign language trainees increased by 300 to 16,087.

[Lord Morgan (Lab)]

My noble friend’s reference to native languages stirs me to point out that, while I of course totally agree with the Question and with the Minister’s replies, there is far more to modern languages than simply improving the terms of trade. There is the question of deep cultural enrichment and, in these islands, understanding the culture of these islands more deeply. As someone who was brought up bilingually in Britain, I think that is important.

[Baroness Barran (Con)]

I absolute agree with the noble Lord and that is why I referred to the Turing scheme, which we hope will be part of creating that richer picture of the world we live in.

[Baroness Wheatcroft (CB)]

My Lords, the Minister cited a statistic for the success with French and Spanish, but they are languages of the EU, with whom our trade has fallen, according to the Dutch Government, by 14% in the three months to January compared with two years previously. I wonder whether the Minister can say something about our success in teaching the languages of those new markets in which we are going to succeed.

[Baroness Barran (Con)]

The noble Baroness, Lady Coussins, referred to the Mandarin Excellence Programme, but I point out that, as the noble Baroness understands, French and Spanish are very widely spoken outside the EU.

[Baroness McIntosh of Pickering (Con)]

My Lords, the Erasmus programme was reciprocal, so tuition fees were not paid. In my noble friend’s experience, how many European universities have waived tuition fees under the Turing programme to enable UK students to apply without paying tuition fees?

[Baroness Barran (Con)]

I do not have that data to hand and I am not sure whether it is yet available, given the newness of the Turing scheme, but I will write to my noble friend to clarify that.

Schools: Creative Subjects and the English Baccalaureate

Baroness Barran Excerpts

Tuesday 29th March 2022 Lords Chamber

[Lord Storey]

To ask Her Majesty’s Government what assessment they have made of the teaching of creative subjects in schools since the introduction of the English Baccalaureate.

[The Parliamentary Under-Secretary of State, Department for Education (Baroness Barran) (Con)]

My Lords, the Government remain committed to ensuring that all pupils receive a high-quality cultural education as part of a broad curriculum. This starts during the early years and continues in school, with art and design, design and technology and music all forming part of the national curriculum from age five to 14. The percentage of young people entering at least one arts GCSE between 2010 and 2021 has remained broadly stable.

[Lord Storey (LD)]

The Minister will be aware that since the introduction of the EBacc in schools, there has been and is a creativity crisis—for example, in music there has been a 16.83% fall in A-levels—and there has been a 31.47% fall in students taking those subjects. Obviously, that has a pipeline into universities and only one university now has an English professor. I want to ask the Minister a direct question—no ands, ifs or buts. If it is not the English baccalaureate that is causing the crisis in creative subjects, what is the reason?

[Baroness Barran (Con)]

We simply do not accept that there is a crisis in creative subjects. The noble Lord rightly quoted some data, but I point out that the percentage of students taking art and design at GCSE is up from 26.5% to 30.4%. He is right that there have been declines in some other subjects, but he will also be aware that the numbers taking vocational and technical qualifications have gone up very substantially, particularly in media: since 2018 the figures for media have risen from 4,500 to 55,000 students.

[The Earl of Clancarty (CB)]

My Lords, despite what the Minister says, the message clearly being sent out via EBacc to teachers, parents and children is that creative subjects are of lesser worth, a message independent schools are ignoring. Is the Minister aware that there is five times greater spend on music in independent schools than in state schools, including academies? Does the Minister agree that this is bad for levelling up, bad for education and bad for our future economy, a key aspect of which will be the creative industries, as independent schools know full well?

[Baroness Barran (Con)]

The department does not track the expenditure on these subjects in independent schools. What the department is committed to, and restated in the schools White Paper yesterday, is that every child should have a rich cultural education, and we will be publishing a new cultural education plan jointly with DCMS next year.

[Baroness McIntosh of Hudnall (Lab)]

My Lords, the noble Baroness’s credentials regarding personal commitment to these issues are impeccable, both in this role and the role she held previously at the DCMS; however, the evidence is against her. As the noble Earl, Lord Clancarty, has just said, there is an impact not only on students in schools but on the workforce both within education and in the creative industries more widely, as there is a decline in the numbers of people prepared to take forward qualifications in music, drama and other creative subjects, Does she worry at all that the much-vaunted creative industries, of which she and her colleagues frequently speak with pride, will be suffering over the coming years as a result of these policies?

[Baroness Barran (Con)]

I thank the noble Baroness for her question and her kind remarks but I just cannot accept what she suggests. As she points out, we have thriving cultural and creative industries in this country. We have enough teachers entering initial teacher training for art and design and drama, well above our recruitment targets. We are committing more funding in T-levels, in media, broadcast and production, and in craft and design, so I think we are building the platform for our creative industries and our children to thrive.

[Lord Lexden (Con)]

My Lords, are the Government not deeply concerned that their own official data shows that the number of hours of music taught in years 7 to 13 has fallen sharply in the last 12 years? In view of this and of comments of the noble Earl, Lord Clancarty, and others, is it not all the more important that independent schools work closely with their maintained sector colleagues to increase still further the 655 music partnership schemes from which students in both sectors benefit so greatly?

[Baroness Barran (Con)]

We very much welcome the partnerships from the independent sector in music and many other areas, and my noble friend is right to highlight them. However, we also have a responsibility and an ambition to make sure that our children have a strong music education, which is why we will be publishing our updated national plan shortly.

[Lord Bird (CB)]

Does the Minister agree that, if we are to create a world of resilient workers in the next generation, we need to look at how we create these people through a resilient education system? We are in a bigger crisis than we believe. We need to reinvent a holistic form of education, because that is how the world’s businesses are going.

[Baroness Barran (Con)]

The noble Lord raises a large, broad and important issue. Of course we need a resilient education system and resilient children, and in the announcements in our schools White Paper and the special educational needs and disability Green Paper published this morning, we have set out exactly how we plan to do that.

[Baroness Wilcox of Newport (Lab)]

My Lords, I taught creative subjects for over 30 years and, as principal examiner for A-level theatre studies for much of that time, I saw a wealth of talent studying this subject across the UK. It is essential that we promote the creative arts in our schools. They nurture well-rounded students and bring a breadth and depth to their learning. In hard cash terms, according to DCMS analysis, the creative industries contribute almost £116 billion a year to the UK. If, for example, the current decline in A-level music that many noble Lords have mentioned continues, this subject could have zero entrants in 10 years’ time. What, if anything, are the Government doing to reverse this appalling decline?

[Baroness Barran (Con)]

At the risk of repeating myself, we have announced that we will publish a cultural education plan together with DCMS, working jointly across government, which is the right way to approach it. We will shortly announce our national plan for music education. We are doing a lot of work and continue to invest around £115 million per year in cultural education.

[Lord Addington (LD)]

My Lords, the Minister has told us on numerous occasions that the Government like to listen to employers. When Netflix representatives came to speak to my group, I asked them what they wanted in trainees and whether they wanted people with more English and maths. They looked blankly at me and said, “No, that’s not what we are looking for. We want more rounded people.” Will the Government follow their own mantra and make sure they talk to the big employers, who do not seem to want what the Government are offering?

[Baroness Barran (Con)]

The Government work extremely closely with employers. Our T-level programme was developed with over 250 employers. I would ask the noble Lord why we are seeing such huge international investment in our film and creative industries if we are not providing the talented people they need.

[Lord Hodgson of Astley Abbotts (Con)]

My Lords, would my noble friend care to reflect on the importance of citizenship education in levelling up and creating a country at ease with itself? Will she join me in regretting that yesterday’s White Paper said nothing about citizenship education at all?

[Baroness Barran (Con)]

Citizenship education is absolutely a core part of what we deliver. In defence of the White Paper, we were setting out the major new elements of our plan for the next several years, but citizenship remains a core part of it.

[Lord Cashman (Lab)]

My Lords, first-hand experience of the arts can be life enhancing and life changing. Therefore, will the Minister encourage her department to do all it can to ensure that background and income levels are not a barrier to physically accessing the arts?

[Baroness Barran (Con)]

To the extent that it is within my gift, I will do my best.

[Lord Aberdare (CB)]

My Lords, last week, the Incorporated Society of Musicians published a report entitled Music: A Subject in Peril?, based on a survey of more than 500 music teachers. Some 93% of respondents said that the EBacc and/or Progress 8 had caused huge damage to music in schools, resulting in courses not running and music departments shrinking. What reassurance can the Minister give that the refreshed national plan for music education will address these issues and that teachers will be consulted on it before it is published?

[Baroness Barran (Con)]

The national plan has been developed with an expert panel, of which the noble Lord is aware, and that panel consulted extensively during its work—through forums, surveys and other mechanisms—with teachers, students, parents and other experts. We very much look forward to its publication.

Schools White Paper

Baroness Barran Excerpts

Tuesday 29th March 2022 Lords Chamber

[Lord Storey (LD)]

My Lords, I apologise for being a few minutes late; I hope that I shall not be sent to the back of the class.

I thank the Minister for the Statement. I like the tone of it; I like the fact that we are celebrating schools and the hard work that teachers do. I detect a real change in the way that we look at our education system.

All the research shows that parents are not interested in structures. We go on about academies, academy chains and LEA schools, but parents want good teachers, good leadership of a school and a curriculum which excites, motivates and enthuses pupils. I am afraid that we get hung up far too often on structures. I think I detect the glimmer of hope that we will again move away from the notion that structures are the way forward—they are not; it has to be about the quality of the education provision and of the teacher.

Turning to academy trusts—we have long debated this in the past—I have a number of observations resulting from the Statement. First, we hear that the voice of the parent should be heard. Perhaps the Minister could assure us that those academy trusts—few, thank goodness—which have done away with governing bodies for each school will be a thing of the past. Schools, even in multi-academy trusts, need to have a governing body, particularly so the parent voice can be heard.

My second observation, which I raised time and again with the Minister in the Lords before this Minister, is about chief executives of academy trusts and how their salaries have got completely out of control—some are getting up to £300,000. Over the last two or three years the number of chief executives of even small academy trusts earning more than £100,000 has grown. I remember the noble Lord, Lord Agnew, assuring us that he was going to tackle this issue, but his tackling of the issue has seen the problem escalate rather than get better.

As was mentioned in Oral Questions, academies can choose the curriculum they want. There are certain things which are crucial for all children. Again, when we discuss the White Paper, we need to look at giving all schools the same freedoms and opportunities, but with those freedoms come responsibilities. There are areas of the education curriculum where we should ensure that every school, whether a local authority academy—there is a new thing—a free school, or, if they still exist, any local authority schools not in academy trusts, must teach.

One thing that slightly jarred with me in the Statement was that only one school was mentioned. It was not that anything this school—Oak National Academy—had done was wrong, just that only one was picked out. A teacher would not pick out one clever pupil in the class, they would celebrate the whole class. There are lots of examples of schools which have done just as much, if not more, innovative things than the Oak National Academy. That jarred slightly.

This afternoon we talked about creative subjects and the EBacc. I challenged the Minister to give a direct reply, which she was not able to do, and I understand why. The White Paper will give us all an opportunity to explore the effect the EBacc has had on certain subjects in the curriculum. It might well be—it is not my particular wish, but I got this sense from the Minister’s reply—that she sees T-levels as providing the less academic, more vocational route, hence they would not be part of the EBacc. That would be a grave mistake and the EBacc should encourage creative subjects as well.

I am pleased the Government have listened to the issue of a national school register, but there are a number of other matters, as the Minister well knows, such as unregistered schools. One of the reasons we are not able to take action against unregistered schools, as Ofsted will tell you, is that they can morph into very small units. Unless we are prepared to see home education treated in a different way, it will be very difficult to deal with unregistered schools. That is an area where we need to focus.

We are told that Ofsted will inspect all schools. That is right, but let us remember that schools have been through a terrible time just keeping the doors open and keeping children educated. I would hope that Ofsted would be more about an opportunity to work with schools and would offer a supportive inspection. Rather than waving a big stick where perhaps the wheels have wobbled during the pandemic or things have gone wrong, I hope that Ofsted might proverbially put its arm around the school and say, “Look, these are the issues that need sorting out.”

I have a few questions. First, we know that children from deprived communities have suffered the most for all the reasons that we have debated and discussed in the past. I was a bit disappointed that that issue was not particularly addressed in the comments. Secondly, children have missed out on extra-curricular social and academic experiences—opportunities to develop the skills that they will need for the future. Why have the Government not used the first White Paper in six years to change and expand the range of opportunities that are given to children? Where is the ambition?

The White Paper has so far had quite surprisingly mixed reviews. Geoff Barton, general secretary of the Association of School and College Leaders, said that, although the paper outlined promising measures, it lacked ambition or “big ideas”. The Education Policy Institute think tank said that pushing all schools to become academies was “no silver bullet”, and that, although the White Paper contained “some bold aims”, it seemed

“unlikely that many of these bold pledges will … be met.”

My party looks forward to the opportunity that this White Paper gives to address not just the questions that I have raised or those raised by the noble Lord, Lord Watson, but issues such as children being permanently excluded from school, how they are treated, and how we need to make sure that we give them a much better opportunity and a much better education. I look forward to working with the Government on the White Paper.

[The Parliamentary Under-Secretary of State, Department for Education (Baroness Barran)]

My Lords, I thank both noble Lords for their remarks. I will do my best to respond to them now, but I look forward to further opportunities to discuss the White Paper in more detail.

The noble Lord, Lord Watson, asked where all this comes from and criticised the thinness of the document. The White Paper stems from a very clear ambition for our children at every stage of their schooling and beyond. We have approached this by trying to understand what is already working well in our school system and scaling that up. The gap between what the best schools and trusts achieve for our children at key stage 2 and key stage 4, and what that means for their future prospects, is very sizeable, particularly for disadvantaged children. Our focus is on scaling up what works and has been shown to work over the last 12 years.

The big idea is to make that work on a national scale. I understand why the noble Lord questions where the sparkly new policies are. There are, of course, new elements within the White Paper but the big, difficult idea and the hardest thing to do will be to scale up that quality. Our ambition is crystal clear: it is about quality for all our children. We have approached it in a spirit of looking at the evidence and being very transparent about that evidence. I hope that the noble Lord will have a moment to look at the data annexe that sits with the White Paper; it is not in the hard copy but is available online. I hope he will feel that it is anything but cherry picked. We have made every effort to be as transparent as possible, including both data that supports our arguments and data that does not, so that we can show how we have reached our conclusions. Most importantly, we have approached this in a spirit of fairness—it should feel fair to all of the actors in the system as we move forward.

The noble Lord asks why we have a fixation on academic standards, particularly in English and maths. Of children who did not reach the expected standard at key stage 2, just 21% achieved grade 4 or above in English language at GCSE and only 14% achieved that at key stage 4 in 2019. Of those with five or more GSCEs, 55% completed a degree, compared to 6% of those with fewer; post GCSE, they are 16 percentage points more likely to be employed, and they earn on average £9,000 more a year. I could go on. The impact on the economy is massive—these are huge and important markers at the start of a child’s life which translate to their future prospects, their future social mobility and the future health and wealth of them, their families and our nation.

I did not follow the noble Lord’s argument on the funding formula. It is clearly not at the expense of disadvantaged areas—quite the reverse. We currently have an outdated mechanism for funding our schools. We now have a national funding formula, and we will be working progressively and incrementally to make sure that funding goes to schools directly in response to the need and nature of the cohort that they serve.

The noble Lord also asked about compulsion and requiring schools to become academies. We are keen and have worked very hard in this White Paper to try to make sure everyone involved in the schools system feels they are part of this journey. We are considering all options, and we will engage with the sector to deliver a fully trust-led system.

The noble Lord, Lord Storey, talked about the importance of local governing bodies. In preparing the White Paper, we—and I personally—spent a great deal of time with local authority-maintained school heads, particularly primary school heads. One of the things they talked about that was almost universal was a sense of being local and part of their local community. Therefore, in the governance plank of the five planks of our “strong trusts” framework, we are clear that schools need to feel local, have a sense of local identity and have a role in their local community.

The noble Lord, Lord Watson, talked about families of schools and families being strung out across the country. I will not take the analogy too far, but we will be working hard on commissioning to make sure we have geographically coherent trusts, so they can benefit from all that that offers.

The noble Lord, Lord Storey, talked about CEO salaries. We take that seriously and are continuing to follow on from the good work of my noble friend Lord Agnew. The Oak National Academy is not an individual school; it was the platform that was created during the pandemic that delivered all the digital lessons for children across the country. I apologise if the name was confusing.

To finish, the noble Lords, Lord Storey and Lord Watson, said we would need a number of measures to turn things around for our children. That is what is in this White Paper—it is about great teachers, a great curriculum, good attendance, good behaviour, a pledge to parents if their children fall behind, and creating a system that delivers the strongest, fairest and most ambitious school system for our children.

[Baroness Blower (Lab)]

My Lords, I do not doubt the commitment of the Minister to equality for all children. However, in responding to the White Paper, the National Children’s Bureau comments that too many children still live in poverty. That must be addressed for education success to follow. The White Paper has left many in education underwhelmed and, as my noble friend Lord Watson said, it has left our schools underfunded.

In all the years that academisation has been an option, only 44% of schools have taken it, some voluntarily, often with inducements, and some not. No solid evidence can be adduced that academy status per se equates to better outcomes for young people. School leaders have declared that total forced academisation would be a distraction, so why does the Minister think that politicians know better than school leaders?

With one in six children reporting mental health difficulties, an opportunity to reassess assessment and the curriculum should have been taken. The potential for centralisation of pedagogy through Oak Academy is a problem. It looks like deskilling our teachers, with talk of “delivering” lessons. While the White Paper is about England, will the Government take the opportunity to learn from the very good practice in evidence in Scotland and Wales, including on school governance, curriculum and assessment?

[Baroness Barran (Con)]

I thank the noble Baroness for her remarks. On academisation, she will be aware that the picture is very different in secondary and primary education. About 78% of secondary schools are now academies compared to about 38% of primaries. She questions their performance. Our emphasis has been very clear. We are talking about creating strong trusts and we are building on the experience of the existing strong trusts. If all children did as well as pupils in the top-performing 10% of trusts at key stage 2, our results nationally would be 14 percentage points higher, going from 65% to 79%, and would be 19 percentage points higher for disadvantaged pupils. I know the noble Baroness shares my passion and the passion of my colleagues in the department for supporting particularly those disadvantaged children.

On Oak Academy, far from deskilling teachers, we are going to make the most enormous investment in teachers in terms of teacher training opportunities and continuing professional development at all stages of a teacher’s career. We are aware that, particularly in primary, individual teachers are writing lesson plans from scratch. Oak Academy is by teachers, for teachers and of teachers. It is there as an option for teachers. Again, I know the noble Baroness shares our concerns about teacher workload. One way we can support teachers is by providing them with the best-quality curriculum to draw from.

[The Lord Bishop of Worcester]

My Lords, I echo the noble Lord, Lord Storey, in his thanks for the White Paper. In doing so, I declare my interest as president of the Woodard Corporation. In expressing gratitude, I appreciate in particular how the White Paper recognises the vital role the Churches have played in the educational landscape of this country for more than 200 years and that it sets out how the role needs to continue to be enabled in the future development of the school system. I will focus on two questions regarding the move towards the fully academised educational landscape set out in the White Paper and invite the Minister to agree that it requires two key things.

First, it requires significant investment of resource to make that transition possible. The Church of England is the largest provider of academies, with over 1,500 of our schools having already converted, but that still leaves two-thirds of our schools waiting to become academies. This will require time and resource for the conversion process, as well as strong, new trusts to be formed to enable that transition. Recognition that MATs must grow to a sustainable level of about 7,500 pupils means thinking carefully and strategically about small rural schools and how a funding model can work for them, to enable their vital education to remain at the heart of communities, particularly rural communities, across our land.

Secondly, I hope the noble Baroness can give assurance that legislation will be introduced to ensure that the statutory basis on which the dual system of Church and state as partners in education, which has been in operation since 1944, securely translates into the contractual context in which academies are based, so that the sites on which schools are situated can continue to be used for the charitable purposes for which they were given. So, in expressing thanks, I ask the noble Baroness to assure us that these things will be addressed and secured in order to ensure that Church schools can approach this new future with confidence.

[Baroness Barran (Con)]

I thank the right reverend Prelate for his questions. I also extend my thanks to Church schools but also to all schools that have been working in the most difficult circumstances, particularly in the second half of this term, with the pressures that Covid has placed, once again, on their staff. I can, I hope, reassure the right reverend Prelate that we will be protecting the faith designation of diocesan schools on a statutory basis as we move forward with our plans. We are providing funding to support academisation and to make sure that schools, particularly schools in the most entrenched areas of educational underperformance, are funded to join strong trusts.

On small rural schools—to go back to the point of the noble Lord, Lord Storey, about feeling local—perhaps there are no schools more local than small rural primaries, which often play a really important part in their community. We will be putting a great deal of thought into this and look forward to working with the right reverend Prelate’s colleagues at the diocesan education board in thinking through how we can deliver this in a way that supports small rural primaries.

[Baroness Bottomley of Nettlestone (Con)]

My Lords, the Secretary of State deserves the warmest congratulations, with the ministerial team and all those officials and others who have been involved in Opportunity for All: Strong Schools with Great Teachers for your Child. I suggest that anyone who thinks there is excessive focus on English and maths should consult parents. Parents want their children to read and write; parents know the world is difficult; they know that numeracy and now digital skills are critical. They know that a good education is the passport for the future, and the most disadvantaged parents know that quite as much as the most affluent. I really like this White Paper for its coherence, its ambition, its relative simplicity and its evidence base. How many times have we all heard head teachers saying, “I’ve had so many documents come through that I have to read—I’ve got to teach my school and do everything else”? Somebody once said to me, “I’ve given the documents to my husband to read because I just don’t have time to read it all.” This is accessible and approachable.

Children spend around 15,000 hours at school; the same amount of time as they spend at home. Professor Sir Michael Rutter, the architect of child psychiatry, wrote a book, Fifteen Thousand Hours, with the team at the Maudsley, comparing the output of 12 secondary schools in Southwark. They found that the brightest children at some schools were doing worse than the least able children at another school. This is about teachers, about expectations and about rigour. For those of us who want to see what can be achieved, we can only celebrate again the extraordinary results at the Brampton Manor Academy. This year, 89 young people got Oxbridge offers—ethnic minorities, school meals, first generation university.

I have so much to say, I had better be quick. I have two questions I want to ask. Will the Minister say a little more about the Education Endowment Foundation; and will she say just a bit more about excluded pupils? They are a really vexed problem. They can be disruptive in a class aiming for high standards, but we do not want them to fall out of the system, so I very much hope she will address that.

[Baroness Barran (Con)]

My Lords, I will pass on my noble friend’s very warm words to my right honourable friend the Secretary of State. I am glad that she appreciates the White Paper. I agree with her wholeheartedly about what parents want. I was lucky enough to spend some time with a group of parents yesterday while visiting a school in Newham, where 94% of the children have English as an additional language. The mothers and fathers to whom I spoke were all crystal clear about how important it was for their children to achieve.

In relation to my noble friend’s specific questions, the Education Endowment Foundation, which we fully endowed through, and announced in, the White Paper, provides us with the academic rigour in terms of evaluating different interventions across the education system, so that teachers, school leaders and MAT leaders can feel confident in the interventions that they use. All that we have suggested in the White Paper has been supported and recommended by the EEF. In relation to excluded children, if my noble friend will bear with me for another day, we are taking the Statement about the special educational needs and alternative provision Green Paper in this House tomorrow, when I will be delighted to talk about that in more detail.

[Lord Addington (LD)]

My Lords, there is a great deal in this White Paper on special educational needs and teacher training. Indeed, teacher training is the main thrust of it. Then we talk about 90% literacy. Some 15%—or 10% if you are being conservative—of the population are dyslexic. Another 5% are dyscalculic. If you put the other “disses” in there, you have a great pot of people who are going to struggle in the classroom. How, unless you have a major investment in special educational needs, are you going to hit that target? Or are we going to do something very sensible such as saying that if somebody communicates through a computer coherently—every computer that you buy now has a built-in voice-operated section and read-back facility—we will count that as being literate? If we are, we can achieve it. If not, we are basically going to break the back of people achieving an unrealistic target if it is still with a pen and paper. If the Minister can give me an answer now, it will help the rest of the debate today, and the debate on the Statement tomorrow.

[Baroness Barran (Con)]

I hope I can give the noble Lord a fuller answer tomorrow, when we talk about the SEND Green Paper. But in terms of this document talking a lot about children with special educational needs and disabilities, that is intentional. We are absolutely clear that the best place for the majority of children with special educational needs is in mainstream education close to their home and their friends. We need to make sure that mainstream schools are a safe, welcoming, supportive and effective environment for those children. We have looked at and tried to model the interventions that are set out in the White Paper to see how we can reach the targets that we have set out. As the noble Lord knows, however, currently only 22% of children with special educational needs reach the expected standard, compared with an average at key stage 2 of 65%—so it is well below what we need to get to.

[Baroness Bennett of Manor Castle (GP)]

My Lords, one of the themes that the White Paper majors on is listening to the voices of parents and making sure that they are heard. However, More Than a Score and Parentkind today put out a survey from YouGov, showing that 80% of parents think that SATs do not provide useful information about a child’s progress; 95% say SATs have a negative impact on their child’s well-being; and 85% do not consider SATs results when choosing a school. Only 1% of the members of the National Association of Head Teachers thought that key stage 1 SATs should go ahead this year; 3% thought that key stage 2 should go ahead. The White Paper is on the bigger, longer-term issues, but are we not seeing, both in terms of the Government’s determination to push ahead with SATs and in terms of the focus on academic targets and testing in this White Paper, a push to schools to more and more teach to the test in a narrow range of subjects? Are we yet again not listening to parents and not listening to pupils? I take the point from the noble Baroness, Lady Bottomley, about pupils spending 15,000 hours in school. We have the unhappiest children in Europe. We are failing our children, and focusing just on tests in a narrow range of subjects is a big part of that. Will the Government think about the happiness of our children?

[Baroness Barran (Con)]

The Government think a lot about the happiness of our children. We worry a lot about the children who are in underperforming schools, and where their life chances are being held back because of the nature of the education they receive. This is why we are focusing our education investment on areas of really entrenched under-performance. The noble Baroness shakes her head, but 54% of children in secondary schools in Knowsley today are in schools which have been judged more than twice as requiring more improvement. That is what will turn around our children’s life chances, and that is where we are focusing.

[Lord Davies of Brixton (Lab)]

I thank the Minister for the answers she has given. I welcome the ambition of the Government’s policies as set out in the White Paper. I will look at the statistics they have provided with some care. Are such statistics in a White Paper run past the UK Statistics Authority—not just the figures, but the conclusions drawn from them? It would be useful if we could be told.

I hope I will be forgiven if I suggest, for those with long enough memories, that the support expressed in the White Paper for well-managed families of schools delivering high-quality and inclusive education, coupled with the encouragement in the White Paper for LEAs to establish their own strong trusts, might be taken as an attempt to recreate the achievements of the Inner London Education Authority after many years. Of course, the fear of many people is that academies—particularly when we have multi-academy trusts—lead, in effect, to the privatisation of the education service. The distinction between an MAT and a commercial organisation is often hard to discern.

My first question for the Minister is, what are the Government going to do to ensure that all academies, whether SAT or MAT, operate with a social purpose? My second question, given the emphasis on what parents want from education in the previous question, is, what role do the Government want for parents in the governance of academies? There is a reference in the White Paper to a review of the governance of the system, but it is notable that in the document, The Case for a Fully Trust-Led System, there is only one reference to parents, and then only as passive observers. Should the Government not do more to enable the participation of parents in school governance?

[Baroness Barran (Con)]

I am really puzzled by the image the noble Lord paints of multi-academy trusts representing privatisation. They receive exactly the same funding as any other state-maintained school, and they are inspected in exactly the same way. The majority of them are charities. I am not sure quite where privatisation comes in. What we see in the best trusts—and perhaps this is behind the noble Lord’s question—is that they use the resources from the taxpayer intelligently, in the interests of the child. I will give an example from the north-east of England. I recently visited a trust which, through better procurement, was able to reinvest those savings in dedicated tutoring for all their students. I do not know where the noble Lord’s concern comes from, but I genuinely think it is misplaced.

I turn to the noble Lord’s second point, about trust standards. We will be working with this sector. There is not a lot of detail in the White Paper because we want to co-create those standards together with the sector, and we look forward to reporting back more on that in the future. This would, of course, include the role of parents.

Schools: Extremism and Intolerance

Baroness Barran Excerpts

Monday 28th March 2022 Lords Chamber

[Lord Godson]

To ask Her Majesty’s Government what assessment they have made of the reporting in “The Trojan Horse Affair” podcast, published by the New York Times on 4 February; and what steps they are taking to prevent extremism and intolerance from gaining a foothold in schools in England.

[The Parliamentary Under-Secretary of State, Department for Education (Baroness Barran) (Con)]

My Lords, we remain absolutely committed to keeping children safe from extremism. We provide online resources and fund networks of practitioners to support schools to promote shared values and build resilience to extremism. We also take action against those in the sector who express extremist views. The Government’s response at the time of “Trojan horse” rightly focused on whether the alleged events and behaviours actually happened. A number of independent reports confirmed that they did.

[Lord Godson (Con)]

My Lords, I thank the Minister for her Answer and pay tribute to her great diligence in having subjected herself to listening to all eight hours of the New York Times podcast on this subject. I did not intend to subject her to a cruel and unusual punishment when I originally decided to ask the Question. Will she join me in paying tribute to the whistleblowers of all communities in Birmingham who played their part in bringing these most important allegations to public attention? Many of these people have been harassed by the New York Times in the years since the revelation of these allegations. Connected to that, will she give some sense to the House of the progress made on the independent report undertaken by Peter Clarke, former head of the counterterrorism command on the Trojan horse affair at the time, and the progress made on his 15 recommendations in this regard?

[Baroness Barran (Con)]

The Government recognise the very important contribution that whistleblowers make. We have had anonymous reporting lines since 2015 and established an online reporting system in 2021, which is available to those working in the sector and to the general public. I hope I can reassure my noble friend that we have made good progress on implementing Peter Clarke’s recommendations. To give the House some examples, we have strengthened the Ofsted inspection framework so that its inspectors are now required to assess how well schools protect pupils from the risks of extremism and radicalisation, and to promote fundamental British values. We have pursued action against those who may have breached teacher standards and taken action against those involved in the management of schools. We continue to assess whether other areas of the country could be similarly vulnerable, and we have a dedicated counterextremism function in the department to consider allegations.

[Lord Singh of Wimbledon (CB)]

My Lords, does the Minister agree that extremism arises from claims that the one God of us all has human prejudices and is more favourably disposed to our particular faith, as opposed to others’, no matter how we behave towards others? Does she further agree that the teaching of RE in schools should emphasise ethical commonalities, which are much greater than the smaller area of conflict-producing differences?

--- Later in debate ---

[Baroness Barran (Con)]

The noble Lord asks a rather profound first question, which I might need a bit more time to think about. On his second point, the principles that underpin fundamental British values, which are now taught in every school, include diversity, tolerance, mutual respect and the rule of law.

[Lord Goddard of Stockport (LD)]

My Lords, the report by the independent review of the Prevent extremism strategy was due to be submitted to the Home Office in September. It was then put back to 31 December, and it still has not been published. Will the Government tell us whether they have received the report and whether they will commit to releasing the strategy before the summer Recess to ensure that the UK’s counterterrorism strategy is fit for purpose?

[Baroness Barran (Con)]

My understanding is that the independent review of Prevent is ongoing, and we will consider its findings in due course.

[Baroness Meacher (CB)]

My Lords, at least 6,000 children are being educated in unregistered illegal schools where they are exposed to extremist, intolerant, homophobic and sexist literature. As the Government indicated, can the Minister confirm that legislation will be included in the May Queen’s Speech to increase powers for Ofsted to bring illegal schools into registration, and to introduce a register of home-educated children, so many of whom attend illegal schools? If not in May, then when?

[Baroness Barran (Con)]

The noble Baroness will understand that I cannot anticipate the Queen’s Speech, but I absolutely share her deep concern about the risks faced by children who are in unregistered schools. The Government have said that at the next legislative opportunity, we will seek to address some of those weaknesses. I can confirm that the Government are committed to a register for home-educated children.

[Lord Pearson of Rannoch (Non-Afl)]

My Lords, do the Government recall that one of the schools in the Trojan horse scandal is actually called the Al-Hijrah School, thus extolling not only Muhammad’s journey from Mecca to his takeover of Medina, but his massacre there of 600 Jews in one afternoon, after which his religion went on to conquer most of the known world. Does not the name say it all?

[Baroness Barran (Con)]

I really cannot comment on that; I will leave it to the noble Lord to decide for himself.

[Lord Watson of Invergowrie (Lab)]

My Lords, the safety of children is paramount and whistleblowers often provide a very important service, but it is known that the then Secretary of State for Education had been informed that counterterrorism police had determined that the Trojan horse letter was bogus. None the less, he went ahead by citing the letter when instituting major reforms in Birmingham, through which teachers lost their jobs and schools were closed, and changes in national education policy resulted as well. Can the Minister say whether the Minister in question—who is now, of course, the Secretary of State for Levelling Up—has faced any consequences of those actions and whether the changes he instituted as a result will be revisited?

[Baroness Barran (Con)]

I do not think that the then Secretary of State or any subsequent Secretary of State should in any way apologise for their relentless focus on safeguarding children and the safety of those children. The alleged events and behaviours were confirmed in a number of independent reviews and an independent tribunal.

[Baroness Hussein-Ece (LD)]

My Lords, can the Minister confirm that what was subsequently uncovered by several Ofsted reports, two separate inquiries by the Department for Education, Birmingham council and multiple court judgments was that there was no organised plot but that a small cluster of Birmingham schools, including three run by an academy trust, suffered from a range of issues—poor governance, a lack of child protection safeguards and a failure of leadership? Does the Minister agree that what millions of Muslim families in this country want most of all is for their children to have a good education, to be integrated and not to suffer the consequences of this incident?

[Baroness Barran (Con)]

I absolutely agree with the noble Baroness that the vast majority of Muslim families in this country want exactly what she described. I have had the pleasure of visiting a number of excellent faith schools of all faiths, including Muslim schools, which comply with promoting fundamental British values, as all in your Lordships’ House would agree.

[The Lord Bishop of Birmingham]

My Lords, will the Minister commend the people of Birmingham for their extraordinary efforts since 2014 on cohesion and attempting to learn lessons from this very complicated event, as we have heard in your Lordships’ House today? Will she particularly commend them for the United Nations rights reporting school award, which has been applied for every year and is now awarded to 51% of primary and secondary schools in Birmingham, compared with only 18% across the country? Will she commend these actions and others, and ask for them to be replicated around the country so that we might live as one people?

[Baroness Barran (Con)]

I thank the right revered Prelate for his question and for pointing out the success of integration in primary schools; I am happy to share in his welcome of that.

[Baroness Sanderson of Welton (Con)]

As the right reverend Prelate said, it is a complicated situation, but the podcast itself—the reporting as per the original Question—was at times quite worryingly skewed. Does my noble friend think that schools are doing enough to challenge extremism, or, as a result of this podcast, are they afraid of being labelled racist?

--- Later in debate ---

[Baroness Barran (Con)]

My noble friend is right that these are very sensitive issues, but challenging intolerant, racist or discriminatory views should be seen as part of a school’s wider anti-bullying and safeguarding duties. Actively promoting British values means that any opinions or behaviours that contradict them need to be challenged. I hope my noble friend will be reassured that a survey in 2021 showed that 87% of school leaders reported feeling confident that their school could facilitate conversations around extremism and radicalisation.

Education (Careers Guidance in Schools) Bill

Baroness Barran Excerpts

3rd reading
Friday 25th March 2022 Lords Chamber

[Lord Watson of Invergowrie (Lab)]

My Lords, we welcome the Bill and congratulate the noble Lord, Lord Lucas, on continuing the good work of the honourable Member for Workington. I particularly welcome the fact that the Bill includes academies, which is an important aspect of increasing its chances of reaching the maximum number of children to begin their preparations for a career and the world of work. For so long we have been told that academies are often literally a law unto themselves, and the terms of their funding agreements mean that in many aspects of their provision they cannot be told what to do. The Bill demonstrates that in fact they can and that all that is required is a stroke of the Secretary of State’s pen. A precedent has thus been created.

I will not rehearse the powerful arguments advanced by my noble friend Lady Wilcox at Second Reading on the need for effective, regular, independent careers guidance. However, I feel that I have to draw something to the attention of the Minister—if her eyes roll as I start this, frankly, I would not be surprised, because it is about the consistency of government policy again. Yesterday I raised with her the fact that the Levelling Up White Paper talked up mayoral combined authorities at the same time as she was advancing a government position that effectively talked them down in terms of local skills improvement plans. We had the Chancellor talking up the need for an apprenticeship levy review just a month after the Government had voted down a Labour amendment in another place asking for just that. This Bill talks about year 7; it lowers the start of career guidance from year 8 to year 7. Yesterday the Minister said:

“We question the value of provider encounters in year 7, before those students can act on them”.—[Official Report, 24/3/22; col. 1139.]


That is what this Bill does. I may not be alone in being not just perplexed but slightly irritated at the Government’s apparent inability to present consistent policy. It is absolutely right that year 7 should be where it starts, but it was right yesterday in our discussions on the skills improvement Bill as well and I very much regret that that was not accepted.

Finally, the concession on the skills Bill that the Minister made this week in respect of the noble Lord, Lord Baker, and his clause, shows that the Government have finally determined that they will make careers guidance more effective and meaningful and they are supporting it further in this Bill. That is why we welcome the Bill and look forward to it becoming law.

[The Parliamentary Under-Secretary of State, Department for Education (Baroness Barran) (Con)]

My Lords, I thank my noble friend Lord Lucas for bringing forward the Bill and I thank all noble Lords who have participated in its passage through your Lordships’ House.

If I may, I will clarify the reference to Hansard that the noble Lord opposite made. When I said that students were not able to act on those encounters, that was not encounters in relation to careers advice but provider encounters with colleagues from further education colleges—UTCs. That is an important distinction to make.

This simple but effective Bill will ensure that all pupils in all types of state-funded secondary schools in England are legally entitled to independent careers guidance throughout their secondary education. That means high-quality support for every single child in every single state secondary school in every single local authority in England, without exception. It will fulfil a commitment in the Skills for Jobs White Paper, reaching over 600,000 year 7 pupils each year.

I am enormously grateful to my honourable friend the Member for Workington for his work on this important Bill and I congratulate him on ensuring that it passed through the other place. I know that the whole House will be grateful for this move to extend access to independent careers guidance, which will be widely welcomed. The Government are committed to supporting schools across the country to develop and improve their careers provision. The Bill is one step forward in ensuring that our young people receive high-quality careers guidance from an earlier age.

Bill passed.

Skills and Post-16 Education Bill [HL]

Baroness Barran Excerpts

Consideration of Commons amendments
Thursday 24th March 2022 Lords Chamber

Moved by

[Baroness Barran]

That this House do agree with the Commons in their Amendments 1 and 2.

1: Clause1, page 2, line 21, leave out “subsection (6)” and insert “subsections (6) and (6A)”

2: Clause1, page 2, line 32, at end insert—
“(6A) Where a specified area covers any of the area of a relevant authority, the Secretary of State may approve and publish a local skills improvement plan for the specified area only if satisfied that in the development of the plan due consideration was given to the views of the relevant authority.
For this purpose “relevant authority” means—
(a) a mayoral combined authority within the meaning of Part 6 of the Local Democracy, Economic Development and Construction Act 2009 (see section 107A(8) of that Act), or
(b) the Greater London Authority.”

[The Parliamentary Under-Secretary of State, Department for Education (Baroness Barran) (Con)]

My Lords, with the leave of the House, I beg to move that this House do agree with the Commons in their Amendments 1 and 2 en bloc. I will speak also to Amendments 3 to 6, 15 and 16 and associated Motions.

I am delighted to be back in the Chamber to discuss the Skills and Post-16 Education Bill. It is the Government’s belief—which I know is shared by your Lordships—that the skills sector has been forgotten for too long. This Bill represents a landmark moment for skills, bringing greater parity between further and higher education. Noble Lords will have seen the letter from my right honourable friend the Secretary of State for Education outlining the Lords amendments tabled, the key issues raised throughout the Bill’s passage and our position on each. I ask noble Lords to consider their positions alongside the concessionary amendments and policy changes that the Government have already announced since the Bill was in this House. These include delaying the removal of funding for technical educational qualifications that overlap with T-levels by a year and putting the role of mayoral combined authorities in the development of LSIPs into the Bill.

Furthermore, we tabled a number of amendments on Report in the Lords in response to issues raised by your Lordships in this House, including the criminalisation of cheating services and the requirement for LSIPs to consider skills needed for jobs relating to climate change and other environmental targets. I am delighted also to announce that we have tabled a further concession relating to the number of encounters for years 8 to 13 students with a range of providers of technical education, which I will come to in the third grouping.

First, I address Commons Amendments 1 to 6 and the amendments from the noble Lord, Lord Watson: Amendments 3A, 4A and 4B. We have been clear that local skills improvement plans should be developed by designated employer representative bodies working closely with employers, relevant providers, mayoral combined authorities, the Greater London Authority, local authorities and other local stakeholders.

The Bill already places duties on relevant providers to co-operate with employer representative bodies to ensure that their valuable knowledge and experience directly inform the development of the plans. This includes independent training providers, which are referred to in Amendment 4B, that provide English-funded post-16 technical education or training. Let me reassure the noble Lord, Lord Watson, that the views of independent training providers will be taken into consideration in the development of the plan.

The Government also recognise the importance of mayoral combined authorities and the Greater London Authority and their work as commissioners and convenors in their areas with devolved adult education functions. That is why, in the Commons, the Government brought forward Amendments 1 and 2, which place a duty on the Secretary of State to approve and publish a local skills improvement plan only if satisfied that, during the development of the plan, due consideration has been given to the views of the mayoral combined authority or Greater London Authority where it covers the specified area.

Further details will be set out in statutory guidance, informed by ongoing engagement with key stakeholders and evidence from the trailblazer pilots. Guidance can be updated regularly to reflect evolving needs and priorities, as well as best practice. We will ensure that the views of key stakeholders including mayoral combined authorities, the Local Government Association and the Association of Colleges are considered in the development of the statutory guidance.

Furthermore, relevant providers and key local stakeholders are already playing an important role in the local skills improvement plan trailblazers running this spring, which are spurring new collaborative working. I therefore hope that the noble Lord, Lord Watson, will not insist on his amendments.

I now turn to Commons Amendment 15, Amendments 15A and 15B from the noble Lord, Lord Blunkett, and my noble friend Lord Baker’s Amendment 16A. Many of your Lordships have spoken passionately about our reforms to post-16 qualifications, both now and when the Bill was last in this House. We listened carefully to these issues and have made some significant changes as a result.

At Second Reading in the other place, the Secretary of State announced that we are allowing an extra year before public funding is withdrawn from qualifications that overlap with T-levels, and before reformed qualifications are introduced that will sit alongside T-levels and A-levels.

Our reform programme is rightly ambitious, but we understand that it would be wrong to push too hard and risk compromising quality. The additional year strikes the crucial balance between giving providers, awarding organisations, students and other stakeholders enough time to prepare and moving ahead with our important reforms. That is why we cannot accept a three-year delay, as the amendments to this Motion propose.

These changes are part of our reforms to our technical education system that will be over a decade in the making from their inception, building on the recommendations in the Sainsbury review, published in 2016, which itself built on the findings of the Wolf review of 2011.

T-levels are a critical step change in the quality of the technical offer. They have been co-designed with more than 250 leading employers and are based on the best international examples of technical education. We have already put in place significant investment and support to help providers and employers prepare for T-levels. By 2023, all T-levels will be available to thousands of young people across the country. The change to our reform timetable means that all schools and colleges will be able to teach T-levels for at least a year before overlapping qualifications have their funding removed.

Last November, the Secretary of State also announced the removal of the English and maths exit requirement from T-levels. This is about making the landscape fairer, so that talented students with more diverse strengths are not prevented from accessing and successfully completing a T-level. The change brings T-levels in line with other level 3 study programmes, such as A-levels, which do not have such a requirement.

In addition, Amendment 15B would also require consultation and consent from employer representative bodies before the withdrawal of funding approval from qualifications. As your Lordships will be aware, we have twice consulted on our intention to withdraw funding from qualifications that overlap with T-levels. T-levels were designed by employers to give young people the skills they need to progress into skilled employment or to go on to further study, including higher education.

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[Lord Storey (LD)]

My Lords, coming from up north I do not really understand about the Central line and Crossrail. What I do remember was the Liverpool overhead railway, commonly known as the dockers’ umbrella. It was scrapped before the new transport system had proved its worth and chaos resulted.

I preface my remarks by thanking the Minister. I do not think I have come across a Minister so prepared to listen and engage—I am sucking up here—and to consider changes. That is the way it should work in the House of Lords and I pay tribute to her. I also want to pay tribute to the Government because we have talked about the importance of further education and vocational education for a long time but, frankly, successive Governments have done nothing about it. They have done little bits at the edges and margins but not actually done real, radical change. We now see something which is going to be really important to not only the skills agenda but young people particularly.

My comments from our Benches are not being made from a stance of party dogma. They are being made from a stance that it is important to get this right, as the noble Lords, Lord Baker, Lord Blunkett and Lord Adonis, have said. We want the Government to be successful. We want them to be able to triumph in this legislation, so the areas we are finally down to are just small changes which would make sure this really happens. I want to talk about two important areas, in the order that we have discussed them.

First, on the local skills improvement plans, yes, it is now important to have a plan in each locality and for all the partners to be joined up to it. Those plans will vary from area to area—of course they will. I have never quite understood why we should exclude the further education providers or local combined authorities, or whatever they are. They have not only budgets; they have influence and expertise. I take the point that the noble Baroness, Lady Wolf, made about us not wanting it to be bureaucratic but we want to make it successful so, as I have just said, it is important that those stakeholders are there.

Colleges bring a wealth of experience. You cannot expect them to provide the courses and skills needed unless they are truly involved. This notion of the combined authorities just ensuring that the plan is not signed off until they raise the white smoke is not good enough. They should be working alongside by influencing, empowering and suggesting, not as some huge bureaucratic body but through some simple opportunity to work side by side. Actually, the employers need to be in a position to tell the colleges where they have got it wrong and how they can improve by doing things to step up to the game. We feel strongly about that and if it goes to a vote, we will support it.

We have heard the talk about the BTECs. Again, I do not really understand it. It was interesting to see what Pearson said, which was that the introduction of T-levels need not lead to a requirement to defund other qualifications. Why? Because there is a clear distinction between T-levels and career focused BTECs, which have different structures and different purposes.

It seems to us that we have long advocated this, as far back as the Sainsbury reform of vocational qualifications; again, it is a bit like the local skills plan. It is important to get it right and we are not convinced that you can rush at this. The two qualifications have to work alongside each other. This is not an area I have any expertise in but listening again to the noble Lord, Lord Baker, who has expertise in this matter, the Government would be wise to take on board his suggestions. We are saying that we clearly want to see BTECs not being defunded for at least four years, and we want to support the very important amendment of the noble Lord, Lord Blunkett.

[Baroness Barran (Con)]

I thank all noble Lords for the contributions they have made to this important debate and particularly the noble Lord, Lord Storey, for acknowledging the importance of the Government’s work in this area. I also thank my noble friend Lady Wolf for her descriptions of how local skills improvement plans should work in practice. I attempted to write something down but she put it very well.

We are trying to balance having a clear focus on the needs of employers, for all the reasons that your Lordships are well aware of—given the feedback we have from employers that students do not come to them with all the skills and experience that they need—with drawing on the valuable local insight and intelligence to which the noble Lord, Lord Storey, and others of your Lordships referred. We are trying to strike a balance between those two things.

In relation to the role of local authorities in this, particularly those which have a devolved adult education budget, the Secretary of State will have the ability through regulations to add local authorities in England to those relevant providers already subject to the duties in the legislation. These regulations will be subject to annulment in pursuance of a resolution in Parliament.

Those independent training providers that deliver English post-16 education or training will also have duties on them where that training is material to a specified area. There is already a duty on them to co-operate and engage in the development of the local skills improvement plans.

Turning to the vexed issue of defunding BTECs, I am concerned about my communication skills. I am not sure how many times I have stood at the Dispatch Box—I know colleagues at the other end have done the same—trying to reassure the House that we are not defunding most BTECs, as the noble Lord, Lordusb Watson, said, deploying a scorched earth policy, which the noble Lord, Lord Blunkett, suggested, or leaving them as a niche qualification, as the noble Baroness, Lady Blackstone, suggested. We see them as an absolutely core part of the offer in giving young people choice, diversity and quality, as the noble Lord, Lord Blunkett, described. We agree absolutely and think that the suite of qualifications we will have in future will do those three things.

To my noble friend Lord Johnson’s point about blighting and—these were not my noble friend’s words—besmirching the quality of BTECs, it is absolutely the reverse. Once we get through this and we are clear which BTECs are remaining, they will have absolute endorsement from the Government that they meet the standards of quality and future employability which are so critical for our young people, particularly those from the most disadvantaged backgrounds. All will be on a level playing field and have that endorsement.

[Lord Watson of Invergowrie (Lab)]

On that last point, once we get through this, as the Minister says, we can make judgments, but as things stand we are talking about 2024. As the noble Lord, Lord Baker, and others have said, by 2024 we will not have a clear view of how well T-levels have proceeded, so that is not the time to make the judgment. It surely has to be further down the line.

[Baroness Barran (Con)]

If I may, I will respond to that very valid point about the scale-up of T-levels when I come to it in just a second.

I am tempted to expand on the Crossrail/Central line analogy, but I think time does not permit.

On timing, and my noble friend Lord Willett’s question about giving a greater sense of which technical qualifications will be recommended for defunding, I am not in a position to be able to say that today. We intend to publish a provisional list of overlaps with waves 1 and 2 of T-levels shortly. We want to provide as much notice as possible about the qualifications that will have public funding approval withdrawn from 2024.

On the definition of “overlap”, which a number of noble Lords raised—

[Baroness Blackstone (Ind Lab)]

I am sorry to interrupt the Minister, but I wonder whether she can give some indication of the proportion of BTEC qualifications that the Government are intent on keeping and the proportion that are likely to be dropped because of the so-called overlap. How many of the 250,000 students currently taking BTECs will be able to continue to do so?

[Baroness Barran (Con)]

I am afraid that I am not in a position to be able to confirm that today, but I can confirm that “scorched earth”, “niche” and “most” are not a reflection of where we are on this policy.

On the definition of “overlap”, in our policy statement in July last year we published the three tests that would be used to determine overlap: first, is the qualification in question a technical qualification; secondly, are the outcomes that must be obtained by a person taking that qualification similar to those set out in a standard covered by a T-level; and, thirdly, does the qualification aim to support entry to the same occupation as the T-level?

Turning to the number of people and the scale-up of T-levels, the noble Lord, Lord Adonis, suggested that 230,000 students start a BTEC each year. In fact, as the noble Baroness, Lady Blackstone, clarified just now, there are 230,000 students taking BTECs or similar qualifications at any one time, rather than as initial starters.

My noble friend Lord Baker suggested that the number of people starting BTECs is in the hundreds. Around 5,450 students started their T-level last September, at just over 100 providers across the country. That was up from 1,300 students, who were the pioneers and are now in their second year. We now have more than 400 providers, all over the country, signed up to deliver T-levels. All the current T-levels will be available by 2023, and of course those providers include FE colleges and UTCs, which deliver significant numbers of those qualifications.

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Moved by

[Baroness Barran]

That this House do agree with the Commons in their Amendment 3.

3: Clause1, page 2, line 35, leave out from “body” to “for” in line 37

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Moved by

[Baroness Barran]

That this House do agree with the Commons in their Amendment 4.

4: Clause 1, page 2, line 40, leave out from beginning to “and” in line 6 on page 3

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Motion on Amendments 5 and 6

[Baroness Barran]

Moved by

That this House do agree with the Commons in their Amendments 5 and 6.

5: Clause 1, page 3, line 8, leave out “by people resident”

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Moved by

[Baroness Barran]

That this House do agree with the Commons in their Amendments 7 to 14.

7: Clause 1, page 3, line 10, after “any” insert “English-funded”

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14: Clause 4, page 6, line 11, after “made” insert “by the Secretary of State”

[Baroness Barran (Con)]

My Lords, I now turn to the Motion on the amendments in the second group, which relate to technical government amendments, the lifelong loan entitlement, the level 3 entitlement and apprenticeships, and the Office for Students.

Commons Amendments 7 to 14 provide further clarification of the definition of relevant providers in scope of the duties relating to local skills improvement plans, and which education and training is treated as English-funded. The duties will apply only to institutions within the further education sector in England, English higher education providers and independent training providers who carry on their post-16 technical education or training in England, either partly or fully. Relevant providers will be subject to the duties relating to local skills improvement plans only if they provide English-funded post-16 technical education or training material to a specified area in England. This includes distance or online learning.

This will help to ensure that English-funded technical education and training provision material to an area in England is better aligned to labour market skills needs and leads to good jobs for learners and improved productivity. These are technical amendments that the Welsh Senedd has confirmed it is happy with. It has confirmed as such through agreeing that this measure would not be part of the legislative consent Motion required and granted in January.

I turn next to Commons Amendment 20. A key aim for the lifelong loan entitlement is to ensure that people can reskill flexibly across their lifetime in response to changing skills needs and employment patterns. We also need to consider the importance of creating a sustainable student finance system, alongside what will be necessary to ensure that eligible students have the opportunity to study, upskill and retrain.

I am pleased to confirm that in our current consultation on the LLE, which we have published since the House last discussed the Bill, we seek to understand better the barriers that learners might face in accessing the LLE. This includes whether restrictions on previous study should be amended to facilitate retraining and stimulate high-quality provision.

I was delighted to host a round table with Peers to listen to your Lordships’ advice on the consultation and where officials noted comments for submission into the consultation. This was a productive and thoughtful session which will help inform policy decisions moving forward. If any of your Lordships would like to discuss the details and scope of the lifelong loan entitlement with me, or with officials, I would be delighted to meet them. Given that the consultation is the appropriate vehicle to examine the issue of the LLE, I hope your Lordships will agree to this Commons amendment.

Commons Amendment 22 is a minor and technical amendment which clarifies that advanced learner loan funding, routed through the Student Loans Company, is in scope of Clause 22 of the Bill. This has always been the intention of Clause 22(9), and this amendment is merely a technical adjustment to the drafting. It ensures that advanced learner loan funding arrangements are captured by the funding arrangements definition in Clause 22. Without this amendment, the clause may not be adequately applied in relation to providers that receive advanced learner loan funding.

Commons Amendment 23 removes Clause 25, which sought to place the level 3 entitlement on a statutory footing and require at least two-thirds of apprenticeship funding to be spent on people who begin apprenticeships at levels 2 and 3 before the age of 25. The Government agree with the ambition to ensure that people in England have access to education at any age. That is why we launched the free courses for jobs offer in April 2021 as part of the lifetime skills guarantee. This gives all adults in England the opportunity to take their first level 3 qualification for free, regardless of their age. But it is not right to put the free courses for jobs offer into legislation, as my noble and learned friend Lord Clarke’s amendment would have done. Doing so would constrain how the Government allocate resources in future and make it more difficult to adapt the policy to changing circumstances and for adults most in need.

The Secretary of State announced last November that from April 2022 we will expand the offer to include any adult in England who earns below the national living wage annually—which will be £18,525 from April this year—or is unemployed, regardless of their prior qualification level. Funding for the free courses for jobs offer will be available throughout the three-year SR period, giving FE providers the certainty they need to invest in the delivery of this offer. Full funding is also available through the adult education budget for adults aged 19 and over to access English, maths and digital skills qualifications. There is also a legal entitlement for 19 to 23 year-olds to access their first full level 2 and level 3 qualifications for free. In areas where adult education is not devolved, the adult education budget can fully fund eligible learners studying up to level 2, where they are unemployed or earning below the national living wage.

I turn now to the apprenticeship proposal in the clause. From August to November 2021, nearly 100,000 people under the age of 25 started an apprenticeship, with under-25s accounting for 61% of all apprenticeships. Some 71% of apprenticeship starts were at level 2 and level 3. We want to bring more young people into apprenticeships. This is why the Minister for Skills wrote to all year 11, 12 and 13 pupils and their parents during National Apprenticeship Week to tell them about the great opportunities that apprenticeships provide. The Department for Education is looking at how we support young people in the application process and is working with employers to help them understand the benefits of hiring young apprentices. The department is also looking at how we can better support providers and employers to advertise to this group and is working with UCAS to capitalise on the work it does to connect young people to opportunities after school or college. We believe that measures focused on raising awareness of apprenticeships, helping young people to navigate the recruitment process and encouraging more attractive and accessible vacancies constitute a much better approach to supporting young people into apprenticeships than an amendment that could restrict opportunities. I remind your Lordships that this clause would have created significant costs and altered arrangements for public spending, which I do not believe this House should amend when the Commons has disagreed to this measure.

I will now turn to Commons Amendments 24 and 25. These new measures will give the Office for Students, the OfS, an explicit power to publish information about its compliance and enforcement activity in relation to higher education providers. It is important that the Government act now to ensure transparency of the OfS’s regulatory work, as in recent cases it has become clear that the OfS does not have the explicit powers that other regulators have to publish such information. As part of this, we believe that it is important, and in the public interest, that the OfS is able to publish such information in the form of “notices, decisions and reports”, as this amendment will enable—for example, where it is investigating providers for potential breaches of the registration conditions placed upon them by the regulator. Publication by the OfS regarding its compliance and enforcement functions will demonstrate that appropriate actions are being taken by the regulator, ensuring that the reputation of higher education in England is maintained, and bearing down on poor provision.

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Moved by

[Baroness Barran]

That this House do agree with the Commons in their Amendment 15.

15: Clause 7, page 10, leave out lines 38 to 40

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Moved by

[Baroness Barran]

That this House do agree with the Commons in their Amendment 16.

16: Clause 7, page 10, leave out lines 41 and 42

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Moved by

[Baroness Barran]

That this House do agree with the Commons in their Amendments 17 and 18 and do propose Amendments 17B and 17C to Commons Amendment 17—

17: Insert the following new Clause—
“Information about technical education and training: access to English schools
(1) Section 42B of the Education Act 1997 (information about technical education: access to English schools) is amended as follows.
(2) In subsection (1), for “is an opportunity” substitute “are opportunities”.
(3) After subsection (1) insert—
“(1A) In complying with subsection (1), the proprietor must give access to registered pupils on at least one occasion during each of the first, second and third key phase of their education.”
(4) After subsection (2) insert—
“(2A) The proprietor of a school in England within subsection (2) must— (a) ensure that each registered pupil meets, during each of the first and second key phases of their education, at least one provider to whom access is given (or any other number of such providers that may be specified for the purposes of that key phase by regulations under subsection (8)), and
(b) ask providers to whom access is given to provide information that includes the following—
(i) information about the provider and the approved technical education qualifications or apprenticeships that the provider offers,
(ii) information about the careers to which those technical education qualifications or apprenticeships might lead,
(iii) a description of what learning or training with the provider is like, and
(iv) responses to questions from the pupils about the provider or approved technical education qualifications and apprenticeships.
(2B) Access given under subsection (1) must be for a reasonable period of time during the standard school day.”
(5) In subsection (5)—
(a) in paragraph (c), at the end insert “and the times at which the access is to be given;”;
(b) after paragraph (c) insert—
“(d) an explanation of how the proprietor proposes to comply with the obligations imposed under subsection (2A).”
(6) In subsection (8), after “subsection (1)” insert “or (2A)”.
(7) After subsection (9) insert—
“(9A) For the purposes of this section—
(a) the first key phase of a pupil’s education is the period—
(i) beginning at the same time as the school year in which the majority of pupils in the pupil’s class attain the age of 13, and
(ii) ending with 28 February in the following school year;
(b) the second key phase of a pupil’s education is the period—
(i) beginning at the same time as the school year in which the majority of pupils in the pupil’s class attain the age of 15, and
(ii) ending with 28 February in the following school year;
(c) the third key phase of a pupil’s education is the period—
(i) beginning at the same time as the school year in which the majority of pupils in the pupil’s class attain the age of 17, and
(ii) ending with 28 February in the following school year.””

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[Baroness Barran (Con)]

My Lords, the Motions in this group relate to provider access, universal credit, and SEND and further education teacher training. I will start with Commons Amendments 17 and 18, on strengthening the present provider access legislation, and Amendments 17A, B and C to the Motion in my name.

The Government have listened to and carefully considered the views expressed and concerns raised in this House and the other place. We agree that it is important that the number of mandatory provider encounters is balanced with the need for pupils to hear from a diverse range of people during each key phase of their education. That is why I am delighted to be able to propose a compromise amendment that offers young people that choice, related to students meeting providers of technical education and apprenticeships.

Our amendment would require schools to put on six provider encounters for pupils in years 8 to 13: two in each key phase, or an average of one per year over the course of a pupil’s secondary education. This should help to ensure that young people meet a greater breadth of providers and, crucially, should prevent schools simply arranging one provider meeting and turning down all other providers. The underpinning statutory guidance will include details of the full range of providers that we would expect all pupils to have the opportunity to meet during their time at secondary school. The Government intend to consult on this statutory guidance to ensure that the legislation works for schools, providers and, most importantly, young people.

I also want to take this opportunity to clarify that, although this amendment does not make specific reference to university technical colleges, the reference to “providers” in the amendment does cover UTCs. Strong UTCs are succeeding in equipping young people with vital skills, getting them into employment and supporting social mobility. It is right that, when there is a UTC in reasonable distance, it should be one of the providers that schools consider inviting to speak to their pupils.

I thank my noble friend Lord Baker for his work on this issue. In particular, I recognise the extraordinary work done by the right honourable Robert Halfon MP, chair of the Education Select Committee, and thank him for his tireless campaigning. I hope noble Lords will agree that this is a sensible compromise, with a middle ground of six provider encounters that will help to give every pupil information about what FE colleges, independent training providers, university technical colleges and other alternative providers can offer.

Amendments 17D and 17E in the name of the noble Lord, Lord Watson, would require that provider encounters are in person and, further, that they begin in year 7 and that access is given over at least two weeks on each occasion. We agree that all young people need work experience and engagement with a range of employers to gain insights into the workplace. We also want young people to have access to personal guidance whenever they are making significant choices about the next step in their education or training. That is why we expect schools to follow the Gatsby benchmarks, which incorporate these activities as part of a high-quality careers programme for young people.

We are committed to ensuring that every provider encounter is of a high quality and meaningful for the student. We agree that it is sensible that provider encounters should be given in person where possible. However, writing this requirement into primary legislation is unnecessary. We have seen throughout the pandemic that there are times when it is not always appropriate for provision to be given in person. Technology may also have a role to play in bringing pupils a wider range of perspectives; for example, as part of the provider’s in-person presentation at school, it could incorporate a live link-up with some students at the provider or deliver a virtual tour. However, we agree that encounters should be in person where possible, and we propose making that expectation clear in the statutory guidance.

Secondly, we agree that “the earlier, the better” on careers guidance. That is why the Government support the Private Member’s Bill currently making its way through this House that sets out that career guidance begins at year 7. Pupils will get introduced to careers education in year 7 and will start learning about technical education options via the provider encounters from year 8. There is little demonstrable benefit in bringing the provider access clause forward to year 7, because pupils cannot act on this information then, whereas from year 8 onwards, there are clear choices for them to make in terms of the subsequent stages following their secondary education.

Finally, I cannot agree with the amendment that would require schools to provide access to pupils over a two-week period. This would be extremely burdensome on schools, which would struggle to accommodate that amount of time for providers in an already busy curriculum. We think the clause as it stands, saying schools should ensure a reasonable period of time during the school day, is sufficient and proportionate.

I turn to Commons Amendment 19 and Motions 19A and 19B. My noble friend Lady Stedman-Scott and I had productive conversations—

[Lord Baker of Dorking (Con)]

I just want to refer to the earlier amendment, for which I thank my noble friend very warmly. The original Baker clause had three meetings for each year group—13, 15 and 17—and the Government wanted one. It was a loophole. I had discussions with her and I thank her very much for the way in which she responded, moving to two meetings. It is a very good example of give and take. She is a member of a Ministry that likes to take but very seldom gives, but here the Government did listen to representations from this House. I thank her for agreeing to that and being sympathetic to it.

[Baroness Barran (Con)]

I thank my noble friend for his very kind words.

Returning to Amendment 19 and Motions 19A and 19B, as I was saying, my noble friend Lady Stedman-Scott and I had productive conversations with the right reverend Prelate the Bishop of Durham, the noble Lord, Lord Storey, and the noble Baroness, Lady Garden, on these matters. I shall highlight some of the points raised in these discussions, although I am aware that the letters we wrote to the right reverend Prelate and the noble Lord are in the Library of the House.

First, I note that Clause 17, removed by Amendment 19, would be significantly costly to implement. Initial estimates from DWP suggest the cost of ensuring that such claimants retain entitlement to universal credit could be between £250 million and £300 million per annum. While this House has rightly asked the Commons to consider this point, it is right that we do not continue to insist on policy that would increase public spending. It may help if I remind noble Lords that the core objective of universal credit is to support claimants to enter work, earn more or prepare for work in the future. Indeed, it is an important principle that universal credit does not duplicate the support provided by the student support system.

However, I reassure your Lordships that universal credit claimants are able to take on part-time training for any level of course, as long as they can meet their work requirements and their work coach is satisfied that it will help their employment chances. Furthermore, the Government understand that there should be some circumstances in which people are allowed to continue to claim universal credit while doing full-time training. That is why universal credit claimants may undertake a full-time course of non-advanced study or training for up to eight weeks in order to support their employment and career goals. Additionally, as part of DWP Train and Progress, there is a further extension in the flexibility offered by universal credit conditionality. This extension means that, with the agreement of their work coach, adults who claim universal credit can undertake non-advanced work-related full-time training for up to 16 weeks without losing their entitlement to universal credit. The flexibility will last until at least April 2023.

Finally, exceptions for full-time study or training at any level are also made for students with additional needs that are not met through the student support system, such as those responsible for a child or claimants who have been assessed as having limited capability for work due to disability or ill health. This additional flexibility has been introduced in recognition of the benefit a course of study or training could have in enabling claimants with disabilities to improve their prospects of obtaining work. Officials at the Department for Education and the Department for Work and Pensions will also continue to work closely together to help address and mitigate the barriers to unemployed adults taking advantage of our skills offers. For example, both departments are working to ensure that local jobcentre leads are actively involved in and help inform the design of local skills provision through skills advisory panels and the local skills improvement plans.

Moreover, the recently announced employment and skills pathfinders are a joint DWP/DfE initiative, working in collaboration with local partners, to examine how our national interventions could be improved by aligning the delivery of employment and skills at a local level. The employment and skills advisory pathfinders will share all their learnings with the LSIPs, as I mentioned, but also with the mayoral combined authorities and other local programmes, so they have an opportunity to learn from them too. More broadly, in relation to how we are learning from these programmes, the Department for Education is setting up a new unit for future skills which will work with BEIS and DWP to bring together the skills, data and information we hold across government to enable us to use central and local government, as well as providers and the general public. The unit will produce information on local skills demand, the future skills needs of business, the skills available in an area and the pathways between training and jobs. This will obviously also be relevant to those looking for work.

Turning to Commons Amendment 21 and Motion 21B in the name of the noble Lord, Lord Addington, we all agree that it is vital for our teachers across all stages, from early years to school and further education, to be trained to identify and respond to the needs of all their learners, including those with special educational needs and disabilities. I pay tribute to the noble Lord, who has been a voice for learners with special educational needs and disabilities throughout the debates on this Bill, and more broadly in the House. However, as indicated by Commons Amendment 21, we do not believe it is helpful to prescribe requirements relating to the content of further education initial teacher training in primary legislation, and we do not agree, in response to the Motion in the name of the noble Lord, that the content of occupational standards should be cemented into legislation.

I want first to address our shared commitment to ensuring that all learners, including learners with special educational needs and disabilities, have access to a world-class education that sets them up for life and supports them to achieve positive outcomes. This starts from the earliest stages, which is why, as part of the early years recovery programme, we are establishing a training contract to increase the number of qualified SENCOs working in early years settings by up to 5,000 between September 2022 and August 2024.

In addition, we recently announced a package of over £45 million for SEND, to be delivered over the next three financial years. This includes direct support to schools and colleges to support the workforce in meeting the needs of learners with special educational needs and disabilities. The forthcoming SEND review will aim to ensure that children and young people with SEND get the educational, health and care support they need, identified early, delivered promptly and in settings that are best suited to their needs.

On the content of FE initial teacher training programmes, it is right that teaching professionals in the sector decide how teacher training should be designed and delivered. We supported a group of experts who employ teachers in the FE sector—from colleges and training providers, whose staff have real insight into the needs of their learners—to develop the new occupational standard for learning and skills teachers, which was published in September 2021.

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All I am saying is that there should be some level of basic training guaranteed for those most commonly occurring conditions. If we do not have that, it is not about how we will fail but the magnitude of the failure. If the Minister cannot accept that, really the only option I have would be to ask the House to give its opinion on this matter.

[Baroness Barran (Con)]

I thank all noble Lords who have spoken today, particularly on the amendments and Motions we have just debated. I will touch very briefly on the points raised.

I thank the noble Baroness, Lady Wilcox, for her explanation of the Labour Party’s vision for curriculum extension, but, as I set out in my opening remarks, we have very real concerns in relation to this amendment about the impact that a two-week work experience slot would have on schools. We question the value of provider encounters in year 7, before those students can act on them, as I set out in my earlier remarks.

On the very eloquent explanation of the disability benefits system from the noble Lord, Lord Storey, as he knows, we are very concerned about disability unemployment. We published a national disability strategy last July that set out how the Government will help level up opportunity and improve the experience of disabled people. Critically, that includes greater inclusion in the workplace to tackle the disability gap. As the noble Lord remarked, a great deal of work and many initiatives are going on in this area. I am more than happy to accept, on my behalf and that of my noble friend Lady Stedman-Scott, any further conversations the noble Lord would find useful, and I will take back his thoughts to the department.

I thank the right reverend Prelate the Bishop of Leeds and his colleague the right reverend Prelate the Bishop of Durham, and similarly reassure them, on behalf of my noble friend Lady Stedman-Scott, that we would be delighted to continue to work with all noble Lords on these issues, which I know she takes extremely seriously.

On the amendment from the noble Lord, Lord Addington, I would be glad to write to him to try to reassure him about the quality of the advice we have received and the experience of those giving us that advice. I reiterate our concerns about inflexibility in relation to a measure that is in the Bill, particularly since we introduced this standard only in September 2021. The noble Lord will understand that, much as I would like to, I cannot pre-announce anything from the SEND review, but I very much hope he will find much that interests him within it.

[Baroness Wilcox of Newport (Lab)]

I thank the Minister for her reply, and I offer in all sincerity that, if she ever wants to discuss the Labour Party’s policy on education and future strategy, I am always available. However, we continue to believe that the amendment is a necessary addition to the Bill. Therefore, I ask the House to agree with it and I wish to test the opinion of the House.

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Moved by

[Baroness Barran]

That this House do agree with the Commons in their Amendment 19.

19: Clause 17, page 21, line 28, leave out Clause 17

[Baroness Barran (Con)]

I beg to move.

Amendment to the Motion on Amendment 19

Tabled by

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Moved by

[Baroness Barran]

That this House do agree with the Commons in their Amendment 20.

20: Clause 18, page 22, line 1, leave out Clause 18

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Moved by

[Baroness Barran]

That this House do agree with the Commons in their Amendment 21.

21: Clause 19, page 22, line 34, leave out subsection (3)

[Baroness Barran (Con)]

I beg to move.

Amendment to the Motion on Amendment 21

Moved by

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Moved by

[Baroness Barran]

That this House do agree with the Commons in their Amendments 22 to 27.

22: Clause 22, page 28, line 15, leave out from first “to” to “paid” in line 16 and insert “an agreement for the funding authority to provide funding to the provider includes a reference to an agreement or arrangements between the funding authority and the provider by virtue of which amounts can or must be”

Education (Environment and Sustainable Citizenship) Bill [HL]

Baroness Barran Excerpts

3rd reading
Friday 4th March 2022 Lords Chamber

[Lord Watson of Invergowrie (Lab)]

My Lords, we are all indebted to my noble friend Lord Knight for bringing this Bill forward and, in doing so, drawing on his long-established commitment to and campaigning on sustainability and environmental education.

At earlier stages of the Bill, both the Minister and her predecessor said the Bill was unnecessary as schools could be trusted to teach pupils about the issues that combine to create the climate emergency as part of citizenship education. But young people themselves tell us that that is not enough. The Government should—and, I believe, could—support it as one way of reinforcing the messages they sent out at COP 26. I know that is not going to happen, but we on these Benches support my noble friend’s Bill and wish it well in another place.

[The Parliamentary Under-Secretary of State, Department for Education (Baroness Barran) (Con)]

My Lords, I thank the noble Lord, Lord Knight of Weymouth, for highlighting this very important issue. While the Government agree with the sentiment of the Bill, as the noble Lord, Lord Watson, just suggested, they do not believe that amending the curriculum is the right way to encourage pupils to learn about a sustainable environment. The subjects of citizenship, science and geography all include content on sustainability and the environment, and schools have the autonomy to go into as much depth on these subjects as they see fit.

We are taking action to support schools to develop further pupil knowledge and skills in relation to these very important issues. Our draft sustainability and climate change strategy, which we announced at COP 26, set out two new initiatives: the national education nature park and the climate leaders award. Together, these schemes will build on knowledge gained in the classroom to provide practical opportunities for all pupils to learn more about nature and biodiversity, develop key digital skills that are essential components to solving climate change and be empowered to take positive action. Alongside this, teachers will have access to improved training in climate education, including a primary science module curriculum, science CPD and free access to high-quality resources. We have engaged widely and plan to publish the final strategy in April.

[Lord Knight of Weymouth (Lab)]

My Lords, I am grateful to my noble friends Lord Blunkett and Lord Watson—particularly my noble friend Lord Blunkett, who is the father of citizenship in our schools. I think my noble friend Lord Watson’s comments about the views of young people that autonomy is not delivering are shared by teachers. If the Minister, or her colleague Robin Walker, had the appetite and the time to meet with me and Darren Jones before the Bill goes to the other place, we would be very grateful.

[Baroness Barran (Con)]

Either I or, even better, my honourable friend in the other place would be delighted to meet with the noble Lord.

Bill passed and sent to the Commons.