Register of Home-educated Children

Baroness Whitaker Excerpts

Wednesday 21st July 2021 Lords Chamber

[Baroness Berridge (Con)]

My Lords, as I have outlined, every parent, regardless of their religious persuasion, has a duty to ensure that their child receives a suitable education. If a parent removes their child from school—and obviously during Covid we have seen a lot of movement of people and removal from the school roll—we have strengthened the regulations so that head teachers have to inform the local authority and have a specific ground for removing a child from a school roll.

[Baroness Whitaker (Lab)]

My Lords, while a few parents educate their children at home well and have nothing to fear from a register, a very large number of children who are not educated in mainstream schools are in real trouble. Two groups cause particular concern: those who are taught the narrow and often anti-social curriculum of unregistered or illegal schools, which are often also unsafe and unhygienic, and the significant proportion of Gypsy, Traveller and Roma children who drop out of secondary school, usually through bullying, and whose parents are not equipped to teach them. How can we leave such children at the mercy of gangs and county lines any longer?

[Baroness Berridge (Con)]

My Lords, the noble Baroness is correct in relation to unregistered schools. We have been aware of this issue and Ofsted has been resourced to do this. Between 1 January 2016 and 31 March this year, 494 inspections of suspected unregistered schools took place. Some 166 warning notices were given and 91 settings have been closed, so we are alert to this issue. We are aware that it is important that children are on a school roll or being electively home educated because they are exposed to certain risks if they are not in either of those settings.

Skills and Post-16 Education Bill [HL]

Baroness Whitaker Excerpts

Committee stage
Monday 19th July 2021 Lords Chamber

However, we cannot just put our focus on the young. Traditionally, we have had a model of education where it is something that happens at a young age rather than throughout life. With our workforce now changing so fast, this model is increasingly out of date and we must now have a focus on lifelong learning. We have a proud reputation in this country, with the Open University and the University of the Third Age, but we still have to fight for the fact that people of any age, no matter how old, should have access to education that allows them to gain level 2 and 3 qualifications, and other skills that they are going to need in the modern workforce.

[Baroness Whitaker (Lab)]

My Lords, I support Amendments 76 and 80, for the obvious reason so clearly set out by the noble and learned Lord, Lord Clarke of Nottingham, and others that unless full funding is available, many students who could benefit from and would in turn benefit society by attending these courses will simply not be able to do so through poverty. This applies to a significant proportion of those from the Gypsy, Traveller and Roma communities, and no doubt to other minority-ethnic students, as well as to the rest of the NEETs referred to by the noble and learned Lord. I hope that the Government will respect the powerful arguments in favour of these amendments.

[Lord Adonis (Lab)]

My Lords, this is a hugely important debate for the future of not only our education system but our society, because unless we have a properly trained workforce in the future and young people have real prospects and qualifications, we are in for a terrible time. As the noble and learned Lord, Lord Clarke, said, there cannot be levelling up unless we have qualifications, skills and opportunities that level up. It is good that he and my noble friend Lord Watson have tabled these amendments, which give us an opportunity to explore this broad issue and to hear from the Government what their intentions are.

Amendment 76 in the name of the noble and learned Lord, Lord Clarke, and my noble friend Lord Watson’s Amendment 80 are superficially similar. But I notice that as soon as you start probing them, as the noble Baroness, Lady Greengross, said, there are significant differences. I wonder whether my noble friend might elucidate, because his amendment is much more circumscribed then that of the noble and learned Lord, and I wonder why. I find the noble and learned Lord’s amendment very appealing: it has a broad statement of policy objectives, which looks to be absolutely correct for the future of our workforce and society. The bold statement in the noble and learned Lord’s amendment is:

“Any person of any age has the right to free education on an approved course up to Level 3 supplied by an approved provider of further or technical education”,


whereas my noble friend’s amendment says:

“All persons aged 19 or older and under the state pension age have the right to study a fully-funded approved course”.


The noble Baroness, Lady Greengross, asked whether that eliminated all people who are over the retirement age. By the way, we need to eradicate from society the concept that once you get to the age of 60, 62 or 65, you are now unemployable and should not be eligible for proper training and the full opportunities that we extend to other people. If the House of Lords—average age 72—does not stand up for those beyond the statutory retirement age, who in this country is going to do so? The noble Baroness’s point is very well made and I look forward to my noble friend Lord Watson, speaking on behalf of my party, making it clear that we are fully in favour of people post retirement being eligible for these benefits as well.

My noble friend’s amendment also does not specify whether this is to be a right, which must go with funding, or simply an entitlement. The amendment of the noble and learned Lord, Lord Clarke, says:

“Any person of any age has the right to free education”,


whereas my noble friend’s amendment says:

“All persons aged 19 or older and under the state pension age have the right to study”.


The big question is: who is going to pay for that? I know that we are having a policy review at the moment. The noble and learned Lord is a former Chancellor, so he is well aware of the forms of words that need to be used when you can give no commitment that involves any spending at all. I fully appreciate that may be why my noble friend’s amendment does not extend, so far as I can see, any rights that go with funding. but it would be as well to make that clear.

In the policy review which my party is conducting, it is essential that we put the rights of those who are on a path to technical and vocational education on a par with those who go on to university. We keep mouthing these platitudes about equality of opportunity but we never deliver it. When we look at the priorities facing the country, there is none more important than seeing that those on a technical education track, who at the moment too often do not get those opportunities, have them extended to them. These two amendments give us an opportunity to explore the terrain in this area.

However, the noble and learned Lord’s amendment also raises the very important issue of the apprenticeship levy. In all the instances of major acts of public policy which have delivered the exact opposite of their stated intention within the last generation, I cannot think of a more significant example than the apprenticeship levy. George Osborne, the late lamented Chancellor of the Exchequer who introduced it in his Budget speech of July 2015, said about apprenticeships that the then Government were

“committed to 3 million more”,

and that,

“while many firms do a brilliant job training their workforces, too many … leave the training to others so we are going to take a radical and, frankly, long overdue approach … an apprenticeship levy on all large firms”—[Official Report, Commons, 8/7/15; col. 328.]

to ensure 3 million more apprenticeships. Very few policies which came out of the Government during the past 11 years, which have been a bit of a wasteland for public policy at large, have I applauded more warmly than the apprenticeship levy. It looked to be, and I think George Osborne intended it to be, a bold step forward to raise significant additional funds that would have been available for training. The CBI was not wild with excitement when that policy was announced because it thought that was to be the case.

What then happened is what always happens when there is no one in government who really gets a grip on these things: the policy was essentially abandoned and became an orphan. As we know, Mr Osborne left the scene a year later—one of the many casualties of the Brexit disaster, which has managed to consume all its children during the last five years. The Chancellor of the Exchequer who had been behind the policy vanished and there was never an Education Secretary who was behind it. The noble Lord said that vocational education is the lesser priority of the education department, but among recent Education Secretaries I am hard put to see that it is a priority at all. As I said during the first day in Committee, there has been one Minister of Further Education each year since 2010 and the only one who showed any interest in apprenticeships, Robert Halfon, was promptly sacked because he was becoming too enthusiastic, and was shunted off to become chairman of the Select Committee in the House of Commons. There was nobody taking a grip on this policy and, as a result, two fatal flaws developed in its evolution.

The first, which the noble Lord highlighted, was that firms themselves were allowed to define what constituted training—as he said, it was anything up to and including MBAs. This is why there has been a massive decline in entry-level and level 2 and 3 apprenticeships, while all the emphasis has been on high-level apprenticeships. It is only large firms that pay the levy and that is how they best use the money which they have hoarded for apprenticeships.

The figures speak for themselves. The number of apprenticeships actually being provided is far from George Osborne’s 3 million extra. In the last four years it has declined from 213,000 to 161,900. This is a decline of nearly 50,000 apprenticeships from a policy that was supposed to increase the number by hundreds of thousands: it has moved in exactly the opposite direction to the one intended.

These figures are all taken from a House of Commons research paper from 30 March this year. For the under-19s, the fall has been catastrophic: the fall over that four-year period is more than one-third. The number of under-19s going into apprenticeships has declined between 2018 and 2021 from 66,000 to 39,000. That is a colossal tale of human deprivation and misery, because this means there are 17, 18- and 19-year olds who are basically going on to no proper training whatever.

That leads to the second flaw of the apprenticeship levy. It was a design flaw that I put to George Osborne at the time; he said he was prepared to look at it but, again, things moved on. The apprenticeship levy is not, in fact, a levy. Again, I look to the noble and learned Lord, Lord Clarke, as a former Chancellor. When the Government introduce a levy, normally—in almost every other case that I can think of—the levy is Her Majesty's Government by Act of Parliament requiring other bodies to pay a contribution to the Government or a public body for the delivery of a service, or to go into the Exchequer.

This is not a levy of that kind; it is a requirement on large firms to undertake training up to a certain level, which is the amount of the levy as a percentage of their turnover. Only if they do not provide training up to that level is the money then supposed to be volunteered under a scheme, which is very haphazard, and go to the Treasury or a designated public authority.

That was a fatal flaw in the design of the levy. It is like stamp duty being given to estate agencies, which have to pay the money to the Treasury only after they have paid all their expenses, paid into every imaginary marketing scheme that they can think of and paid vast salaries to all the agents. It was a fatal flaw and was done as a concession to business because the deal was that, if the money was first made available to the employers, this would be less of a burden on the employers. As a result, it was a huge incentive to the employers only to train their own workforce—which, by definition, was the existing workforce—so there were not many of those at entry level. This included training up to level 4, MBAs and bespoke training courses at vast expense.

There was no incentive to increase the number of apprenticeships and no mechanism for taking any of the money away from them and distributing it more fairly, nor, as the noble Lord, Lord Aberdare, so rightly said, a provision for small and medium-sized enterprises to get the money either because they do not pay the levy. It applies only to large employers, and SMEs only get any of the proceeds by the process of redistribution if money is returned to the Treasury over and above what companies spend, which is virtually nothing. SMEs are the major employers in this country and should be providing an army of new apprenticeships.

The apprenticeship levy is a complete catastrophe of a policy. It has significantly reduced the supply of apprenticeships, even though it was meant to increase them. It has particularly done so in respect of small and medium-sized enterprises and young people. Therefore, the third part of the amendment of the noble Lord and learned, Lord Clarke, which states that any employer

“receiving apprenticeship funding shall spend at least two thirds of that funding on people who begin apprenticeships at Levels 2 and 3 before the age of 25”

is vital. I would take it further and take the funds out of the hands of the employer and see that they are distributed on a fair, national, basis including to SMEs.

I look forward to the Minister’s response, particularly on what steps the Government are proposing. It is a very basic question: what steps are the Government going to take to ensure that the number of apprenticeships in this country goes up rather than down? Each year at the moment the numbers are going down and we need them to go up.

What I would most like to see is the Minister accept the amendment put by the noble and learned Lord, Lord Clarke. It is an excellent amendment and comes with the great pedigree of a former Chancellor; he was not a notable high spender as Chancellor but was quite discriminating in the object of his affection when he was in charge of the national money bags. If he thinks that this should be a big imperative national priority, then we should think so too. I very much hope that something like his amendment becomes the law of the land.

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[Baroness Whitaker (Lab)]

My Lords, I support all the amendments in this group, particularly the detail of Amendment 82 in the name of the noble Lord, Lord Baker of Dorking, because of its focus on the years before further education comes into play. These are the years when choices are determined and motivation aroused. If we want to make a success of further education and produce the skills our economy would so much thrive on, we need to extend the reach of these opportunities to all our children and attract those who might not otherwise have the confidence or aspiration.

This is particularly important in light of the Covid pandemic. The Bill could have been brought before the pandemic, so little account does it take of the effects on education. Indeed, it probably was worked out before the pandemic—but Covid mattered to education. Its damaging effects on achievement, participation and morale mean that many young people have quite lost sight of what careers they might strive for, so these amendments are all the more important, quite apart from their general value to access to higher technical education.

[Baroness Morgan of Cotes (Con) [V]]

My Lords, I draw attention to my entry in the register of interests as a non-executive director of the Careers & Enterprise Company. It is a pleasure to follow noble Lords in speaking to these four amendments. As others have said, their overall purpose is to ensure that all pupils get the best possible advice about future careers that may be open and attractive to them—that they get information about all types of education establishment, including those offering technical education, and the steps needed to get there, and are inspired about their futures.

As I said in the last Committee session, although the Bill looks particularly at post-16 education, careers education is vital right the way through, even from the earliest stages, including the upper levels of primary school. Indeed, that inspiration about the future is why I wanted the Careers & Enterprise Company to be set up: to bridge the gap that had emerged between the world of work and employers and that of education. It was based on a model I had seen operating in Loughborough called Bridge to Work.

I thank the noble Lord, Lord Patel, and other noble Lords for their remarks about the Careers & Enterprise Company. In November 2020 the company published a report, Careers Education in England’s Schools and Colleges. It said:

“England now has the foundations of a coherent and well-established careers education system, driven nationally by the internationally recognised Gatsby Benchmarks, and delivered locally through The Careers & Enterprise Company’s strategic partnerships with Local Enterprise Partnerships, Mayoral combined authorities and Local Authorities.”


Previously in Committee we have discussed the importance of involving mayoral combined authorities, local authorities and others in the local skills improvement plans.

In relation to the amendments before us, I urge noble Lords to look at the research reports on the Careers & Enterprise Company website, in particular one dated 23 June this year, Careers Leadership in Colleges. I also encourage noble Lords to find out more, perhaps locally, about the work done by the magnificent careers leaders in our schools and colleges across the country—particularly, as the noble Baroness, Lady Whitaker, just reminded us, in the face of the Covid pandemic.

I welcome the mention of careers hubs in Amendment 84. The noble Lord, Lord Patel, has already set out the significant improvements, and the success that careers hubs are having. His amendment calls for the Secretary of State to ensure that all further education providers give enough access to the support offered by careers hubs. That should already be happening—careers hubs provide a central plank of the skills for jobs White Paper and are designed to bring together employers, schools and colleges, apprenticeship and training providers and others aligned with national skills and local jobs—but clearly there is some way to go, so the sentiment of Amendment 84 is absolutely right.

Noble Lords have mentioned the importance of the eight Gatsby benchmarks. The measurement that schools and colleges are doing against those Gatsby benchmarks is the reason why we are able to say that over the last five years, we have had the strong foundations and coherent careers strategy that we have not had before.

I listened with great interest to the speech by my noble friend Lord Baker. Although he has not met the current Education Minister, he met me several times when I was Education Secretary and I enjoyed our conversations very much. I absolutely understand the rationale behind his amendment. I would just draw attention to what he is proposing with Gatsby benchmark 7, which is about ensuring that schools and colleges make sure that there are encounters with further and higher education providers, including independent training providers. Schools and colleges are not able to show that they have achieved that Gatsby benchmark if they have not ensured that their students understand the full range of learning opportunities available to them, both academic and vocational routes to learning. Schools have to satisfy six criteria, including providing information on the full range of apprenticeships, encounters with further and higher education, including independent training providers, and university visits. My noble friend might say that if colleges and schools are aiming for that Gatsby benchmark, Ministers should accept his amendment, which would enable them to fulfil it. I will listen to with great interest to the Minister’s response.

My noble friend Lord Baker also rightly drew attention to the Department for Education’s very recently updated statutory careers guidance that it has just issued, drawing attention to schools’ and colleges’ legal requirement to provide an access duty, commonly known as the Baker clause, and to make sure that they have put arrangements in place to comply fully with the law, but also with the Ofsted school inspection handbook. Ofsted has made it a legal requirement to comment on the careers guidance at the further education colleges that are at the heart of the Bill.

Lastly, although we are talking about careers advice and guidance in education settings, we should never forget that some of the most influential people in helping young people to find their future inspiration are the adults around them—parents, families, carers and others. Who knows? For some, it may even be a visit to Westminster that leads them to decide that a career in politics is for them.

There are undoubtedly valid points in all these amendments and I hope the Minister will reflect on them. However, I also hope that noble Lords will appreciate that much is now working in careers provision in England, thanks to the consistent approach over recent years. The need now is to keep up the momentum and to ensure that any extra asks of the careers system are rooted in evidence.

Skills and Post-16 Education Bill [HL]

Baroness Whitaker Excerpts

Committee stage
Thursday 15th July 2021 Lords Chamber

[Lord Liddle (Lab)]

I support what my noble friends Lady Wilcox and Lady Morris have said. I strongly support the case for more co-ordination. It is not clear to me, in the Bill, how this is going to work, and I would like to hear an explanation from the Minister of how she thinks co-ordination will be made to work at a local level. The idea that a Secretary of State sitting in London can get into the question of which school should offer which course and how we deal with the problem that my noble friend Lady Morris described is not going to work.

There is the Education and Skills Funding Agency. In the period when I briefly had something to do with it—when I was advising my noble friend Lord Mandelson, when he was Business Secretary in charge of skills—I did not get the impression that that body had the capacity to do this job of co-ordination. It was basically responsible for making sure that public money was handled in an accountable way. What I would love to hear from the noble Baroness is an explanation of how central government intends to approach this question of co-ordination at local level. In my view—and here there is a big lacuna in the Bill—this is most effectively done by councils and mayoral authorities. It should be a devolved matter; it is an opportunity, in my view, to strengthen devolution within England. I do not sense that the noble Baroness shares that view. Perhaps she will explain to us, if she does not share that view, how she thinks this task of co-ordination will be carried out.

[Baroness Whitaker (Lab)]

My Lords, I intended to support Amendment 40A. I am not sure whether the noble Lord, Lord Baker, intends to move it. Has it dropped out of the system? I was not informed.

[Baroness Garden of Frognal (LD)]

The noble Lord, Lord Baker, has dropped out; Amendment 40A has not dropped out.

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[The Deputy Chairman of Committees (Baroness Barker) (LD)]

If the noble Baroness wishes to speak to Amendment 40A, she is entitled to do so.

[Baroness Whitaker (Lab)]

I am delighted to have the opportunity to support Amendment 40A—and I hope it will be moved. It is crucial that this information goes to pre-16 year-olds, because it is at that stage they are making choices about their future. It is important that, before the vocational 16-plus stage is reached, doors are opened and aspiration is fostered and nourished. There is considerable poverty of aspiration in the years between 14 and 16. If we are to enable those young people to move into useful and rewarding further education, we shall be helping not only them but our economy.

[Baroness Greengross (CB) [V]]

My Lords, I am in favour of both Amendment 8, tabled by the noble Lord, Lord Watson, and Amendment 40A in the name of the noble Lord, Lord Baker. These amendments require schools, sixth-form colleges, adult community learning providers and universities to have due regard for local skills improvement plans. This sort of co-ordination between education providers and the community is absolutely essential if we are to ensure that people are armed with the skills they need to succeed in the modern workforce.

There is one omission from these two amendments, and it is one that is all too often forgotten: the contribution of independent training providers. Many of these organisations provide high-quality courses that fill skills shortages in their communities. Unlike other providers, they are not given equal access to funding—for example, in the north-east of England they are, in many cases, filling gaps in skills training but do not have the same access to public funding contracts as non-private education providers. These training providers, where—and only where—they meet the appropriate quality standards, should be included in local skills improvement plans, along with any other providers listed in these two amendments. Further, these local plans should incorporate both public and private education providers if we are to give our communities the best possible chance of meeting their specific skills gaps.

We live in a society that is rapidly changing and we need an education system that can meet the needs of this changing world. Sadly, to date in this country, and in much of the English-speaking world, university degree qualifications have always been viewed as superior and the other, more technical skills and qualifications have been looked down on. They have been the victim of a particular form of snobbery, in my view. It is quite clear that many of the areas where we face skills gaps are in these technical areas, and we must address this by improving the status of education providers that teach these skills, including those that are independent.

We need to change our understanding of education to something that people should participate in at all stages of life. With the changes in our economy, many jobs that people do today will not exist in a few years. Local plans should be considering not only where there are skills gaps but where there will likely be jobs that are going to disappear, and how people working in them can be retrained. Therefore, it will not just be school leavers or younger people who need training but people who may have worked in their current professions for many decades and who are now having to learn new skills if they are to remain employable.

Another factor to consider is how we promote training opportunities in new and imaginative ways to encourage people to take part. Many people, as we know, have not had a very positive experience of the education system and may resist the prospect of having to return to do further study, even if it will benefit them. For others, it may be the first time that they have taken part in any formal education for a very long time, so they may also be apprehensive about taking part. Local skills improvement plans must be cognisant of this as a significant barrier when trying to encourage people to retrain in areas where we currently have severe skills shortages. Once again, this is where including all providers—including those who are independent—is crucial, as their ideas and experience may help to ensure successful skills training delivery.

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[Baroness Morris of Yardley (Lab)]

My Lords, this is a particularly important group of amendments and the debate on it has been very good. I support all the amendments in this group. They have been very well spoken to by the people who put them down. I really want to add support and try not to go over the same points again.

They fall, basically, into two groups: the first on mental health and well-being and the second on how we measure outcomes. I will briefly comment on both. I very much support the amendments put forward by the noble Lord, Lord Lucas, and the way in which he put them forward. I was going to say that I was not sure the amendment was the right way to solve the problem, but he said it beforehand, so I see the amendment as very much drawing the issue to the attention of the Government and wanting a response.

My experience really came from when I was chair of council at one of the London colleges. I had the honour of giving out degree awards at the ceremonies twice a year. There is nothing as heartbreaking as giving out a degree posthumously to the parents of a student who has passed away through suicide. It is absolutely heartbreaking, and it happened more than once. That was just my experience at a relatively small college, and it will be replicated throughout universities.

We think of those children as adults, and they are: they are legally adults and they do adult things. But to begin with they are only a year out of school. By the time they graduate, they are only three years out of school, and children—young people, adults—develop at different rates. Somehow, we put a whole chasm between the pastoral support they get by the end of school, and the lack of pastoral support they get at the start of university. Somehow, we have to build a bridge between the two, particularly with academic high-flyers. There is often an emotional inability to cope with failure. One university lecturer said to me once that they had had an overseas student who committed suicide. They had to greet her parents from China and go through what had happened. They did not know, but their view was that it was the first time the child—the young woman—had ever found it difficult to come top of the class. She has come top of the class right the way through everything; she gets to a Russell group university and she does not come top of the class. She did not have the resilience to know how to deal with that.

We could spend a week discussing this, but the noble Lord, Lord Lucas, got this absolutely right. Universities hitherto have been slow to see this as an issue that they have a role to play in addressing. I should give credit to the Government, because I think I am right that they did something recently that means universities can tell parents if they feel their child is at risk. Certainly, in my day, when I was chair of council, legally a university could not phone up the parents without the young person’s permission, to say they were at risk.

The only way in which I would disagree with the noble Lord, Lord Lucas, is that I am not sure they need to be “watched”—I think that was the phrase he used. Universities need to be worked with to make them realise that this is a core part of their job. Once they can see that, they will extend their considerable prowess and commitment and care for their students into pastoral health, mental health and well-being, as much as they offer academic support. But they are at the beginning of that journey and anything the Minister can offer in this Bill, to give them the powers or the freedom, or just the direction, to do this, I certainly think would be a step worth taking.

I also want to say a little bit about the other amendments to which the noble Lord, Lord Willetts, spoke. This is also exceptionally important, because I absolutely agree with the premise that universities ought to be measured by student outcomes. It would be silly not to take into account student outcomes. We take them into account in schools. Why we would stop doing it when we get to universities, I am not quite sure.

I do not think we have a great record so far in deciding what outcomes universities should be measured by. I will not go into it, but I am a bit critical of some of the teaching excellence framework, the TEF criteria for success. One measure is whether their students are in employment 12 months after they finish their degree. For some subjects, they are not likely to be in employment in a degree-level subject. People in the creative arts very often make do for a year while they are finding their feet. They very often work in a pub or a restaurant while they are doing the creative work. Measure them in five years’ time and they will be flying, and that is a credit to their university, but it will not get the credit if they are not in a degree-level job after 12 months.

One measurement that is not used by the teaching excellence framework but is regularly used by the newspapers that publish the tables is the A-level mark needed to get into a university. If universities want to take risks and bring on young people who got Ds and Es at A-level and say, “We believe in them and want to give them a chance; they come from an area of disadvantage”, they get marked down in the league table. Why on earth would they do that? I thought that was what we wanted to do.

I do not think there is a very good record of getting the outcome measurement right. Universities are partly at fault because they did not want this and did not engage in the discussion. I think they left others to decide what the measurement outcome should be and are paying the price.

I have a couple of specific points. I agree with the noble Lord, Lord Willetts—why would we not want this extra information? Why would we not want to know what universities have achieved, in terms of outcomes, with specific groups of students? It adds to what we know about universities and it means that when we are developing policy, we can do so with more knowledge about how existing policy affects different groups of students and different institutions than we would have without this information. I cannot see one good reason for not requiring that information at this level should be collected. I look forward to the Minister’s response.

Clause 17(7) says:

“The OfS is not required”


to collect this information. I think it should be required, but will the Minister confirm that neither is it banned and that it could collect it if it wanted to? The noble Baroness is nodding, so I take it that it is allowed to collect it. That leads us to the question of whether it should be up to the Office for Students to decide whether this information is collected. It should not be up to the OfS, because it is useful to other people as well. I want to know it, as somebody who is involved in education and interested in policy-making. The Government should want to know it; the universities should want to know it; employers should want to know it. Why should the Office for Students not collect it so that others can have that information? Whether the OfS or the Government do anything with it is a different discussion, but not to collect it means that no one else can do anything with it.

My last point is that the world of schools is far more advanced in collecting data about pupil progress: it is 20 or 30 years more advanced. It has been through a lot of pain and made a lot of mistakes, but it is in a better state now than the universities. I just hope that the Office for Students learns lessons from those decades of trying to get the collection of data improved in schools.

One thing that ties into the amendments of the noble Lord, Lord Willetts, is that, to begin with and for many years, Ofsted and the examiners did not discuss with schools what the outcome measurements would be. All it created was a very poor relationship that has not done well for children, teachers or schools. We are still trying to get over it, so I very much support the amendments proposing that the Office for Students, in developing these measures, should discuss them with universities and all higher education providers. We are setting the framework now for the next stage of using measurements of outcome for university; it is really important that we get it right and I very much hope that the Government’s response to these amendments will give us greater clarity and perhaps highlight areas where further attention is needed.

[Baroness Whitaker (Lab)]

My Lords, I support all the amendments in this group and shall talk about Amendments 63 and 66 in particular. For far too long, pastoral care in these institutions has been inconsistent, sometimes even unprofessional and neglectful, to the great detriment of students’ achievements and well-being. Like other speakers, I personally know of suicides and cases of severe depression among students that I think could have been prevented, and there are plenty more in the statistics. It is only right that the institutions should be evaluated on these grounds.

On Amendment 66, because discrimination is often associated with mental health vulnerability, there are many such cases among those in the Gypsy, Roma and Traveller communities who have struggled through obstacles to gain entry into higher and further education. It is important to publish different student characteristics to get a proper handle on the data, as this amendment proposes.

Skills and Post-16 Education Bill [HL]

Baroness Whitaker Excerpts

Committee stage
Tuesday 6th July 2021 Lords Chamber

[Baroness Bennett of Manor Castle (GP) [V]]

My Lords, it is a pleasure to follow the very clear introduction to this group from the noble Lord, Lord Lucas. Having listened to his explanation, I rather regret not having attached my name to his amendment, as the noble Baroness, Lady Garden of Frognal, did. He really has nailed the key problem with this Bill and the reason for many of these amendments: the Government’s focus on employers, presumably existing employers, fails to explain how a local skills improvement plan can actually help an area to improve. By focusing on potential students, Amendment 1 really helps us to think about how people might also want to get the skills to be part of communities, to run community groups, to be involved in cultural activities or to be voters or parents. All of these are areas in which people might want to improve their skills. It would also help communities that are subject to the Government’s levelling-up agenda, which are often lacking in social capital. We are talking about skills that pretty well every community is short of. Any community group that any noble Lord has ever known has had to find a treasurer—someone who is prepared to take on doing the books, even if there is not much money in those books. These are skills that every community needs, but they might not actually be a business need.

However, I shall speak chiefly to Amendment 2, which is in my name. It tries to get at another aspect of the Bill addressing the so-called economy by adding in to consult in the skills improvement plans

“potential employers, start-up businesses and the self-employed.”

Looking at recent figures from the pre-Covid time, there were 5 million self-employed in the UK, up from 3.2 million in 2000. They are a very major part of our workforce and, if they are running a business, what they may need to help them find work, and improve the work that they find, is not necessarily going to be reflected by the employers in a town. I think here of a very old-fashioned term, perhaps—the “company town”.

A few years ago, I visited Barrow-in-Furness where the top employer, by a scale of many thousands, is of course the shipyards. The next two biggest employers, of around 1,000 each, are the largest supermarket and the local hospital. Barrow-in-Furness, as I said when I was there, clearly needs to diversify its economy and develop things such as local food-growing and tourism businesses, through all kinds of objectives. How are those three top employers going to provide advice on the skills needed for that?

At the moment, the Bill feels really half baked. I am in a difficult position in speaking before many of these amendments have been explained, but I support the sentiments behind them all. I shall pick out a couple briefly. As the noble Lord, Lord Lucas, said about the two amendments in the name of the noble Baroness, Lady Whitaker—particularly, perhaps, Amendment 81, which has broad support—the focus on the attainment gap is crucial. There are many people whom schooling has failed in the past; they need support with the right kind of courses, the right way to improve and lift their skills, not just for their jobs but for their lives.

I also particularly support Amendments 20 and 21, both of which address, in different ways, distance learning. We are not going to be able to put into every village and town every course that might be of use to everyone. It is crucial that we have, in the Open University, a very successful and important structure; something that people can use to advance their knowledge, as well as their skills, and get into the practice of lifelong learning. That is such a crucial skill that we are going to need for the coming decades. The number of amendments tabled to this clause really shows that the Government need to go away, having listened to today’s debate, and think about how they can improve not just the Bill, but their thinking about how we provide the skills needed for a very different age.

[Baroness Whitaker (Lab)]

My Lords, I shall speak to Amendments 11 and 81. I also support the first three amendments spoken to, and I am grateful for the support of the noble Lord, Lord Lucas, and the noble Baroness, Lady Bennett, for my amendments. I declare interests as a fellow and former chair of the Working Men’s College, chair of the education department’s stakeholders’ group and other relevant interests as in the register.

The rationale of my amendments is that this potentially most useful Bill will not have the national impact it might, unless more provision is made to get a very large number of young people and others to the starting block. Amendments 11 and 81 are designed to do just that. I am most grateful for the support of the noble Lord, Lord Bourne of Aberystwyth, the right reverend Prelate the Bishop of Durham and the noble Baroness, Lady Greengross. The reason they are not speaking is entirely due to the complexity of arrangements, which I fervently hope will be simplified in September. They all tried to put their names forward. I also thank the Association of Colleges for its helpful advice.

At Second Reading, I set out the fact that more than one-third of young people in secondary school do not achieve the requisite GCSE grades in English and maths to qualify for entry to the further education and training so enticingly proposed in the Bill. I asked the Minister what provision had been or could be made for this very large number who, for various reasons, among which lack of innate ability has not been cited, could not access the educational opportunities in the Bill. She was not able to give me an answer, nor did one appear in the letter she helpfully sent to Peers after Second Reading, and nor have I had a reply to a request I made to her team for an answer. As this is unusual for the noble Baroness, I conclude that there is no answer and there are no such comprehensive arrangements in place.

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[Baroness Berridge (Con)]

My Lords, I was smiling at the noble Lord because I asked this precise question about a national plan. There is a balance here between not dictating from the centre, drawing a map and chopping things up and allowing economic areas to define themselves in our complex local geography. This has not been an issue with the trailblazers, but that was obviously a small number of areas—but, yes, we will ensure that there are no cracks between the areas and that every area will be covered by a local skills improvement plan.

As far as I am aware, there are no plans to change the National Careers Service and the Careers & Enterprise Company, which have different roles. The noble Lord is correct that we obviously need to make sure that all of this is joined up. Previous noble Lords have asked me about how this will join up with people on universal credit—this is a work in progress, but I was pleased to learn from DWP Ministers that there have been some slight changes to UC to make sure that those people could take up the digital skills boot camps, for instance. So we are aware of the need, with all of this, to make sure that this is one system that is working together.

One of the issues that I spoke of in preparation for this is the need for the job coach to understand which job requires which level to get those competences. Everyone needs to be able to understand this. I am sure that a job coach would understand that to be a translator you need GCSE French—but, to be a crane driver, what do you need? So we get that currency of understanding for employers, learners and job or work coaches sitting in DWP, who can advise people on what qualification to go away and do. That will make sure that you have the competences to walk through the door at that interview, in the same way as you would in relation to GCSE French, as I have said.

I am afraid I do not have a specific answer for the noble Lord. I think he was referring to Ada college in Manchester and north London. I will write to the noble Lord on how national colleges will engage. Obviously, we are hoping that, under the duty in Clause 5, a provider will not just say “Well, I’m in this LSIP area”. If they are on the border, they should be looking dynamically at where their students come and travel from—so they may end up looking at what the provision and the LSIP are for a number of areas.

[Baroness Whitaker (Lab)]

My Lords, I am grateful for the noble Baroness’s response. I will read it carefully in Hansard. I may have missed something, but I think she said that there were no laid down qualification barriers to entry. I would be grateful if she would write to me about where in the Bill this is made clear, and whether the Bill says that there is scope for enabling access through whatever barriers are locally set.

[Baroness Berridge (Con)]

My Lords, the point I was making was that the Bill does not mention being only at level 3, level 4 or level 2; it does not mention those levels. The only definition in the Bill in terms of the LSIP and relevant providers is around technical education. I will just get the definition; I might as well read from it. It refers to

“post-16 technical education or training that is material”.

For instance, in a sixth-form college, the entirety of its provision might not be relevant under its duty to co-operate with employer representative bodies. That is not linked to saying, “Technical education at level 4, 3, 2 or 1”. The Bill does not talk about that; it is just talking about technical education as defined in Clause 1.

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[Lord Aberdare (CB)]

My Lords, I shall speak briefly on this group to express my support in particular for Amendment 25, in the names of my noble friend Lady Hayman and others, about the requirement for approved LSIPs to take account of “any national skills strategy”. I think the clue is in the “any”. I fully support that idea, and I am wondering how it could actually be met. The noble Lord, Lord Baker, pointed out some of the challenges in the absence of such a plan. I wonder whether the Minister can tell us anything about what sort of national or central co-ordination there will be and how that might work in terms of alignment with LSIPs. What sort of processes or feedback mechanisms will there be to ensure that there is that alignment, and indeed that it is clear what the LSIPs are seeking to align with? My noble friend described it as “joining the dots” with national strategy. What is the flow of communication in reporting and monitoring between LSIPs and the centre?

My noble friend Lady Hayman also talked about a cross-cutting, long-term, aspirational skills strategy, which would be splendid. The word that struck me there was “aspirational”, because the main challenge when I used to work with young Londoners on employability skills was their lack of aspiration and lack of knowledge of what to aspire to—which is why I was so passionate about careers education. Yet it is aspiration that has driven most successful education strategies in the past and created forward movement. This Bill is essentially an aspirational Bill, and that is why I welcome it quite strongly. So I suppose the question—which I am not sure whether I am asking the Minister or myself—is: how will it actually raise aspirations? And how can it build on young people’s enthusiasm, which the noble Baroness, Lady Blackstone, mentioned, for issues relating to climate change and biodiversity to create momentum that will feed in, hopefully, and perhaps through the LSIPs, to drive the objectives of the Bill?

The only other point I wanted to make is that I am rather less enamoured of Amendments 73 and 75 in this group, in the names of the noble Baroness, Lady Sheehan, and others, which would require independent training providers to have a climate change and sustainability strategy and a delivery plan. Many of those independent training providers are SMEs: they can be very small; they tend to specialise in certain areas; they are often operating with limited resources on extremely narrow margins. I am already concerned about some of the other conditions being suggested for them to be on the list, and this seems potentially disproportionate. I would certainly encourage them to have such a plan as far as it is relevant to them, but putting it on the face of the Bill would seem to be overkill.

[Baroness Whitaker (Lab)]

My Lords, as a member of Peers for the Planet, I rise to support all the amendments in this group, for the reasons so eloquently given by the movers and to simply emphasise two points. First, as many other noble Lords have said, students themselves want to take part in reaching our zero-carbon targets. Arguably, they are more committed to this than the generations with power, like ours. These amendments would increase their motivation for further education and training, and their confidence in politics and democratic participation.

Secondly, and perhaps more fundamentally, following the noble Baroness, Lady Hayman, may I say that this potentially most useful Bill seems to have been drafted in ignorance of the most long-lasting world crisis of our time: the climate emergency? Surely, all government departments must play what part they can in avoiding climate-borne disaster and in adapting to climate change. There is scant evidence that the targets set out by the Government have been taken on board by all departments and integrated into all their policies. These amendments would go far to assist the education department in fulfilling this aim.

Skills and Post-16 Education Bill [HL]

Baroness Whitaker Excerpts

2nd reading
Tuesday 15th June 2021 Lords Chamber

[Baroness Whitaker (Lab)]

My Lords, I join in the congratulations to the noble Baroness, Lady Black of Strome, for a most interesting speech. I welcome this ambitious Bill and the lifetime skills guarantee, both for filling our skills gap and for the personal fulfilment it offers for many who were ill-served by secondary education or need to change direction. I declare interests as a former chair and current fellow of the Working Men’s College, chair of the Department for Education’s stakeholder group for Gypsy, Traveller and Roma education and other positions as listed in the register. I am also grateful for the extensive guidance sent to us on the working of the new plans.

While I very much support expanded provision of higher-level technical education, whose dearth has so much impaired our competitiveness and domestic standards for so long, I want to focus on provision for that large number who need a second chance by widening access to further education.

The fact is that, in 2019, 34.1% of students—over one-third—failed to get a standard pass at grade 4 in GCSE maths or English, the gateway to almost all forms of further education, and that is without counting the number who drop out of education long before the GCSE years. The noble Baroness the Minister will be aware that many Gypsy and Traveller children do this because of the relentless bullying and prejudice which many schools seem unable to eradicate. I am indebted to the Education Policy Institute and the excellent report, The Forgotten Third, for its analysis of the reasons for inadequate attainment. It shows the dismal outcomes in unemployment and low-level crime for this deplorably large proportion of our school students. Needless to say, lack of innate ability does not feature. These are young people who are in the main capable of earning a living and making a contribution to society. They need enhanced access to a second chance.

So, I have a series of questions. How will lifelong entitlement work for them? It seems to be available only for study at higher technical and degree level. How will skills acceleration and local skills improvement plans work for them? In relation to the obligation on colleges and designated institutions to make regular assessments of local needs, how will the colleges take account of school dropouts and school leavers not equipped for available work? It should be said again that there is no evidence that these young people are all lacking in intelligence, although some may have limited aspirations. What account will the proposed government intervention process take of these factors?

In principle, my points all concern access to vocational qualifications. The basic question is: what scope is there for funded initial or foundation courses to enable access to traineeships, apprenticeships and the rest of further education for non-achievers in English and maths? What provision is there for tutoring and mentoring, which are particularly important because of the Covid-related gaps in education, and how will careers advice and guidance on these and other access arrangements be made available? According to the Traveller Movement, Gypsies and Irish Travellers in 2017-18 obtained only 40 traineeships out of 17,700 and 180 apprenticeships out of 216,000.

It is also important for improved teacher training to include the cultural backgrounds of students, including the culture and heritage of that large group of minority ethnic students, not least Gypsies, Travellers and Roma children, who appear prominently in the numbers failed by the system. There have been many incidents of ethnicity-based bullying and prejudice in the further education sector for those few Gypsies, Travellers and Roma students who have surmounted the obstacles to getting in, and it may be similar for other students from minority ethnic backgrounds. Such training would not only be just but would increase the effectiveness of teaching. The same applies to the Office for Students. What assurances can the Minister give us on that point?

In conclusion, as it stands, this potentially useful Bill has little to contribute to levelling up. It is rightly aimed at strengthening the economy but misses the opportunity to include the many who need, and deserve, a fairer chance.

Commission on Race and Ethnic Disparities

Baroness Whitaker Excerpts

Wednesday 21st April 2021 Lords Chamber

[Baroness Berridge (Con)]

My Lords, as I have outlined, the evidence that was considered by the commissioners, as we understand it, is that they did not find institutional racism in any of the sectors. I will come back to the specific comments from the other place that the noble Lord has raised but I understand that context to be, as I have outlined, that institutional racism is a concept that we respect and understand, and the commission stood by the Macpherson definition, but there was not the evidence base here. Of course it is difficult when feelings are running high—obviously, I note that it is an important day today, particularly for the criminal justice system in America—but when the evidence does not lead you to that conclusion then we have to respect that. As I said to the noble Baroness, Lady Armstrong, a critique of the methodology may be wanted, but these are the conclusions of 10 respected commissioners: that the evidence did not lead to that conclusion, as uncomfortable as that can sometimes be.

[Baroness Whitaker (Lab) [V]]

My Lords, in this report of over 250 pages I read two perfunctory narrative mentions of the Gypsy, Roma and Traveller ethnic minority groups—arguably the most discriminated against in the UK—and a few insertions in the Department for Education tables. They are absent from the sections on health, employment and criminal justice, where data exists, often explicitly racist. The report’s conclusions ignore their situation. Did the commissioners speak to anyone, or take any evidence, from these communities? Does the Minister concede that this kind of omission can only, sadly, reinforce the superficial and unscholarly aspects of the report?

Education: The Holocaust

Baroness Whitaker Excerpts

Wednesday 27th January 2021 Lords Chamber

[Baroness Berridge (Con)]

My Lords, the Government have funded several initiatives of the nature my noble friend outlines. The new national memorial will ensure that the voices of survivors and witnesses are retained. We have included support for initiatives such as the National Holocaust Centre and Museum in Newark, which uses AI to capture survivors’ testimony.

[Baroness Whitaker (Lab) [V]]

My Lords, how have the Government ensured that schoolchildren know also about the Roma element of the Holocaust, which is so little known but was responsible for the annihilation of such a large proportion of Europe’s Roma population? For instance, the Government could put Gypsy, Traveller and Roma history on the school curriculum, as requested by the Council of Europe, and as included in previous Holocaust Education Trust memorial day ceremonies. Would not this help to reduce the race hatred experienced by these communities?

[Baroness Berridge (Con)]

My Lords, I thank the noble Baroness for her involvement in the stakeholder group for Gypsy, Roma and Traveller people and for the group’s contribution to the national strategy that is being led by the Government for Gypsy, Roma and Traveller people in the UK. There are resources available. When the Holocaust is taught on the curriculum it is of course open to schools to include other genocides. It is good to note that the IHRA has produced a non-legally binding definition of the genocide and discrimination against the Roma people.

Covid-19: Disparate Impact

Baroness Whitaker Excerpts

Tuesday 27th October 2020 Lords Chamber

[Baroness Berridge (Con)]

I am grateful to the noble Baroness. In fact, £4 million has been spent on communications translating public health information, along with 600 targeted publications to ensure that the messages reach various communities. Local authorities with those specific communities will be targeted, but I will take back the noble Baroness’s concern about making sure that materials are translated promptly. Every avenue is being looked at to ensure communication with different communities. We have also been making use of stakeholder groups, charities, community groups and places of worship; indeed, a task force has been set up because obviously, a very high proportion of black and minority ethnic people attend a place of worship. My honourable friend Kemi Badenoch has even written to a number of high commissioners in London about their diaspora, asking them to help communicate the information to their communities. We are seeking to get the evidence out through traditional means and using social media influencers where we can.

[Baroness Whitaker (Lab)]

My Lords, the Welsh Government have explicitly included Gypsy, Roma and Traveller children along with other minority ethnic groups in their list of groups that are particularly vulnerable to Covid-19. That is absolutely right, both because of their legally recognised ethnic minority status and because of such data as exists on the disproportionate impact of the virus on the communities, reflected in my noble friend Lady Lawrence’s excellent report. What attention have the Government paid to these communities? Will their specific ethnicity be recorded on death certificates and elsewhere?

[Baroness Berridge (Con)]

I am grateful to the noble Baroness. As Minister for Women, one of my specific concerns is the underachievement of Gypsy Roma in most categories. The Government are firmly committed to delivering a cross-government strategy to tackle these inequalities. I will have to come back to her on the specific point about BAME; I presume that BAME registration would include that as an ethnicity but I will double-check. My noble friend Lord Greenhalgh, who is the MHCLG lead on this issue, wrote to local authority chief executives in April to point out the specific support that those communities might need in terms of services such as water sanitation and waste disposal on their sites. We have been working closely with the various representative organisations to ensure, again, that the message gets out to communities that might be harder to reach than others.

Schools: Spending per Pupil

Baroness Whitaker Excerpts

Wednesday 23rd September 2020 Lords Chamber

[Baroness Berridge (Con)]

My Lords, in relation to the issues that the noble Baroness outlined, the Government are obviously concerned about the attainment gap and are trying to ensure that students from disadvantaged backgrounds have the opportunity of a great education. That is why £2.4 billion has gone into the system as pupil premium money for those students. At the moment, we have spent £100 million on remote education, and in addition to the 220,000 laptops that have been distributed, another 150,000 are being delivered to ensure that we can help schools, particularly in those areas with disadvantaged students, if they have to learn at home. As I have outlined, the national funding formula prioritises the most deprived students, and a significant proportion of that money goes to them.

BAME teachers are part of the recruitment strategy. In relation to governors, we are now making it a KPI of the forthcoming contract subject to spending review that they should be able to achieve targets for BAME representation in the governing of our schools.

[Baroness Whitaker (Lab)]

My Lords, schools might be saving money on the large number of children being home educated, many of whom then miss out on proper education entirely and are vulnerable to being caught up in county lines and criminal gangs. What are the Government doing to enable proper standards in, and preferably to register, home education?

[Baroness Berridge (Con)]

My Lords, the noble Baroness may be aware that, before the pandemic, the Government had consulted on precisely that issue of whether to have a register for the local authority of those who are home educated. There will be in the coming months, when it is appropriate, a response to that consultation. At the moment, the teams on the ground are in contact with local authorities, and we have made it clear to local authorities that we want as much data as possible on trends in home education. We are advising local authorities to make clear to any parents thinking of opting for home education, although it is their right, the responsibility and obligation that this is. Delivering home education is very different from supervising at home the curriculum delivered by schools, and we recognise the safeguarding issues for many children if they are electively home educated but are then not actually being educated.

Innovation Economy: Skills

Baroness Whitaker Excerpts

Monday 16th March 2020 Lords Chamber

[Baroness Berridge]

Yes, SMEs are a huge part of our economy. Along with the FE sector, the biggest single contribution the Government make to research and development for businesses is what is called the R&D tax credit. In the latest figures that I have, £4.3 billion was paid to businesses for that tax credit for their R&D spend, but £2.3 billion of that was to small and medium-sized enterprises, so this is not just about big business and universities, it is about the FE sector, local skills needs, and small and medium-sized enterprises.

[Baroness Whitaker (Lab)]

My Lords, what are the Government doing about the skills needed to reach a zero-emissions, low-carbon economy?

[Baroness Berridge]

My Lords, through the education sector, that is part of what is taught in our schools—there is the environmental science A-level—but in terms of what the Government seek to deliver, it is part of our priority to develop the industries we need to deliver that commitment.