Boarding School Partnerships

Lord Adonis Excerpts

Thursday 28th June 2018 Lords Chamber

[Lord Agnew of Oulton]

My Lords, Boarding School Partnerships, working with Norfolk County Council, has recently published its findings on the outcomes achieved by vulnerable children following boarding placements. This showed benefits including improved educational outcomes and a reduction in risk of children going into care. Earlier this month, we organised a conference to bring boarding schools and local authorities together to publicise these research findings. Over 50 local authorities were represented at this conference and, while it is not suitable for all children, we strongly urge local authorities to consider boarding as an option.

[Lord Adonis (Lab)]

My Lords, I commend the Minister and his predecessor, the noble Lord, Lord Nash, who I see in his place, for their excellent work in promoting state boarding schools. They offer outstanding opportunities, particularly to children from vulnerable backgrounds or from military families or other mobile occupations to have a high-quality and stable education. Does he have any proposals to increase the number of state boarding schools? There are 40 at the moment. It would be great if the country had at least twice that number. Would it be a good idea to increase that number, with an emphasis on providing places for children from vulnerable families or whose parents have highly mobile occupations?

[Lord Agnew of Oulton]

I thank the noble Lord for his question. It is extremely important. Indeed, in the study that was recently carried out by Norfolk County Council, a third of the children were placed in state boarding schools. Boarding schools can offer a holistic environment in which to grow and develop, and it is this stability that can have long-lasting, positive effects on children’s outcomes. We are open to proposals from the state system to consider more boarding facilities. From my own experience in a boarding school, I can say they are very important, particularly if one comes from a broken family.

Home Education (Duty of Local Authorities) Bill [HL]

Lord Adonis Excerpts

Committee: 1st sitting (Hansard): House of Lords
Friday 27th April 2018 Lords Chamber

[Lord Lucas (Con)]

My Lords, there has been considerable noise in the press and elsewhere about off-rolling: the idea that schools are pushing the parents of troublesome pupils into home education. Looking at the statistics for Northamptonshire, which I happen to have, there does appear to be some evidence of a move in that direction. During the 2016-17 academic year, 1,182 pupils in Northamptonshire were known to be home educated, and by the end of the year it was 784, which is double the rate of two years previously. The pattern of home education in that county is a level of about 60 pupils per national curriculum year—that is, from the beginning, so those are presumably the dedicated home educators. Then, from year 4 to year 10, the rate of home education picks up rapidly. By the time you get to year 10, 180 pupils are being home educated. A chunk of those—about an eighth—had exclusion problems before being home educated and about one-third are children who have had some contact with social services. The analysis by school shows that some schools are notably excluding very few pupils relative to others and sending a lot to home education. There seems to be evidence that some schools are making it a practice to tip children into home education.

That is not, in itself, a wrong thing. In the circumstances of an individual child, family and school, home education may be the best alternative. Some children who have been suffering in school will flourish in home education. You just do not know, without going into the details, whether this is malpractice or good practice. In too many places in this country, the alternative to home education is exclusion, and the pathway from exclusion is into desolation. We ought to provide, but do not, a strong system of alternative education for children who are persistently excluded.

[Lord Adonis (Lab)]

My Lords, does the noble Lord think that a better solution might be if schools did not exclude pupils in the first place?

[Lord Lucas]

I am sorry, but I did not hear the noble Lord.

[Lord Adonis]

Does the noble Lord think that, rather than parents being obliged to home educate their children because of the danger of exclusion, a better solution would be to be much more restrictive about exclusions in the first place and not to allow them except in extremis? In that way, we would not have this huge extension of home education that is taking place at the moment, which is a covert form of excluding pupils from school.

[Lord Lucas]

My Lords, that is quite possible, but schools and parents can deal only with the circumstances in which they find themselves. It is the parents’ duty, in particular, to make the best of what they can. I agree that we ought to emphasise much more looking after those children who find school hard to deal with and bringing them through to success. There is a lot to do in that area and, as the noble Lord and I know from our long careers in this place, it has proved difficult to successive Governments. But that does not mean that we should not try. I believe that we are having another go at it and I commend the Government for that. In the local circumstances of an individual school, it may be best to encourage home education.

Home education is something that we should be prepared to support. It seems to me very strange that the Government’s attitude to children who have had such difficulty with the state schools they have access to that their parents have been forced to take them home is to immediately cut off funding and support. That seems a weird way of treating those who are finding life hardest in school. Throughout today, I shall be urging the Government to look at this from the point of view of supporting home education. Why, when a child moves into home education, does the money just disappear? Why does it not move to the local authority, or at least a decent proportion of it, so that the local authority can continue to support the education of that child, particularly in circumstances where it is clear that this is a matter not of some middle-class choice but of the best interest of the child?

The amendment is pretty technical. It is aimed at making sure there is a flow of information to Ofsted that will enable it, when it inspects a school, to understand what the school is doing, and whether the moves to home education have been well advised or whether they are a covert form of exclusion. Ofsted tells me that it currently cannot get at the data. When it visits a school, it knows that children have moved into home education, but it has no way of finding out why that has happened. There is no record, information or contact with the parents involved. It just has to accept the school’s explanation. I would like to see circumstances where Ofsted has access to proper information so it can properly evaluate what a school is doing.

I particularly commend to the House the practice of the Magnus Church of England Academy in Newark. Its attitude to pupils who get into trouble is that it retains ownership of them. Even if they end up in the local PRU, Magnus keeps them on roll. It accepts the responsibility for the rest of their education. It accepts that they have gone to the PRU because that is the best choice for the child and that the results they achieve through that method will belong to the school. We should impose that attitude on all schools. I do not think that we should allow schools, whether by way of exclusion or off-rolling, to throw children away, to absolve themselves of responsibility for them. Children should stay on schools’ registers for the purposes of performance tables until the next point of measurement —key stage 2, 4 or 5—so that the decision the school takes about where a child goes, if they leave the school, is one for which the school will be held accountable. That would be the right way to move in this direction to produce data and evidence so that we can watch how these decisions are taken. That seems vital.

--- Later in debate ---

[Lord Addington (LD)]

My Lords, I support the noble Lord, Lord Lucas, and his amendment, primarily because this is the first chance we will get to dig out some detail here. Many of the questions I have about this are directed at the Government Front Bench, because the Government’s attitude is crucial. There is undoubtedly a problem with home education, with the fact that it is totally unregulated and we do not really know what is going on. That is the nub of it.

Everybody who comes to see me over this reckons that they are doing a pretty good job in producing something. We on these Benches had as a party group a meeting with some home educators. The interesting thing was that, within about 20 minutes, they were arguing among themselves as to what was the true essence of home education in quite a heated way. The only consensus we got was when I asked them whether they agreed that a child has a right to an education that equips them for adult life afterwards. That was the only degree of agreement we got.

Most of this is dictated by people talking about things such as the rights of the parent. The rights of the child are there. The essence of keeping a record of those who are being home educated is fine. I do not think that there is anybody who would disagree with that. However, I am afraid that I have quite a lot of problems with the detail on this. I am not sure how it will work. There is far too much undiscussed government regulation that will be relied on afterwards and so on.

If the Government are paying attention to this, it is largely as a result of some classic cases of neglect or cruelty where a person has been hidden away. Throughout the communities I have spoken to about this, everyone agrees that there are cases where there are seven or so children and they just cannot be bothered to deal with them, so they home educate them and nothing happens. That example has literally been said to me. I was not given any dates, times or names, but I was given that example. What do the Government intend to do to find out what is being done there?

Then, when it comes to regulation, you start to get into very muddy waters. I have had briefings from the local government authority which say, “This is great, but we do not have any power to enter a home”. I do not know whether or not that is right. Does the Minister have an answer to that technical question? All the powers for registration and assessment do not matter if you cannot get into the home. I suspect that is wrong and that other legislation could be used, but you will need a mechanism to identify and cross-reference. Is that not fun? Is it not easy to do? It would be asking a bit much of a Private Member’s Bill to get anywhere near that. Can we have some answers from the Government about what they are prepared to do on this? If we do not, we will not know what the intention is on whether there will be the back-up and authority to go through with this.

Following on from what the noble Lord, Lord Lucas, said, we should remember that many people are home educating because they feel the system has failed them. I do not often make an intervention in an education debate without mentioning dyslexia, and I draw the Committee’s attention to my interests in that field. It may have been more common in the past, but it still happens now that people may go into the system without an early enough identification of their special educational needs. They have a bad experience and the school gets into a series of appeals about what used to be statements and are now plans. A conflict situation develops with the education establishment, and some people say “Enough is enough” and pull out.

As the noble Lord, Lord Lucas, also said, the state then seems to more or less wash its hands of the pupils and many home-educating parents ask, “What is the state’s duty to ensure that we have some assistance?”. If children become school phobic because they have failed or have special educational needs—for example, if they have been overloaded with inappropriate maths and English tuition and help which dyslexics cannot absorb and makes life a living hell for them—what is the state going to do? Dyslexia is a difficulty with short-term memory and an inability to sequence, which anyone who has tried to organise my diary will know manifests itself in me on occasion. If they have to go through this, what is the role of the state to support them? It is a complicated issue. The question of resources also arises. Will we do this? If help is made compulsory, this would lead to a situation in the current world where home-educated pupils would get more assistance than they would do in the school system. It gets more and more complicated.

Can the Minister say what the Government think should happen now? What is their thinking on this? It is clear that the noble Lord, Lord Solely, has enjoined a process of kicking the Government into action, but what are they doing? That will be covered in the rest of this discussion. Is this Bill merely a footnote, a forlorn hope or a part of the process? We need to know because that will colour everything that happens in the rest of today, the future of the Bill and on this issue over the next couple of years. If we are to get this legislation through, it must be fit for purpose.

[Lord Adonis]

My Lords, I agree mostly with what the noble Lord, Lord Lucas, said about home education and I commend my noble friend Lord Soley on his Bill.

I would like to direct the attention of the House and the Minister to the issue of school exclusions, which is getting more and more serious in communities up and down the country and directly relates to home education. Yesterday in Gateshead—having addressed the north-east chamber of commerce, ably led by the son of the noble Lord, Lord Ramsbotham, who I am delighted to see in his place—I met social workers and school leaders to discuss the big challenges they face. The single biggest issue that they raised with me was the problem of school exclusions, pupil referral units and what they call “off-rolling”—a term which, even as a former education Minister, I had not come across before. Off-rolling is managing people off school rolls into pupil referral units or into no provision whatever and often calling it home education. This is simply to get pupils off the rolls so that they do not engage in disruption in school—disruption which, frankly, the schools for the most part should be managing—and do not count in performance and league tables which are published for schools at the end of each academic year.

This is a big issue. To give a concrete example of what is happening in Gateshead at the moment, one of the social workers at the meeting said that the pupil referral unit in Newcastle, where many of the students from Gateshead are referred, until recently had nearly 400 pupils in it, which is almost the size of a small secondary school. Of those pupils, only 80 to 90 were formally part of the pupil referral unit; all the others had been “off-rolled” or managed into it. For the most part, they did not turn up. They were lucky if they were there for an hour a week. Indeed, it was said to me that if they did all turn up there would not be provision for them.

This is a huge social crisis which is taking place in this country at the moment. It is at the root of many of our problems, including in educational underperformance and in the criminal justice system. Many of these children, particularly adolescent boys, are basically not playing any part in schools and are being managed out of them by the age of 14 or 15. They do not get any qualifications or into a culture of learning or work—and we all know what happens to them thereafter.

The relationship with home education is problematic. As a former Minister, I was constantly being told by home educators that it was an essential social right that people should be able to home educate. I believe in principle that that is the case for people who have philosophical views on how education should be conducted—noble Lords will know of people for whom that is true—but for most people home education has nothing whatever to do with philosophical preferences about the style of education but everything to do with failure at and rejection by schools, which often happens. In some communities, particularly Traveller communities, people often do not want their kids to go to local schools because their relationship with the local schools is so poor, and the cultural issues and alienation are so great, that by the time they come, particularly, to secondary level, they do not want to play any part in the local schools.

We all change our views over time. When I was a Minister, I was worried about seeking to limit the power of schools on exclusions. This is a deeply difficult issue because nothing holds back schools and pupils more than disruptive children, and getting the balance right is difficult. My view now, after engaging in this issue for many years, is that Parliament needs to adopt a much more robust approach and that temporary exclusions should be banned. There are hundreds of thousands of temporary exclusions a year. The idea that the punishment awarded for low-level disruption in schools should be chucking kids on to the street for a day or two—as if somehow that would be an incentive for them not to misbehave in future—is one of the biggest misconceptions in the way we handle discipline in schools.

However, for serious disruption, my view is that schools should not be allowed to permanently exclude pupils unless there are issues of violence at stake which simply cannot be managed inside the school. That is not to say that seriously disruptive pupils should be able to disrupt classes. Rather like the way in which we handle special needs, as the noble Lord, Lord Addington, said, schools should have additional resources for managing challenging behaviour. It may be that in some cases the provision should be outside the classroom —although, again, this should be managed properly—but getting pupils off the rolls of schools so that no one has responsibility for them at all, which is happening at the moment, is an absolute derogation of our duty as parliamentarians to see that all young people are educated. To put the euphemistic label of home education on it is to betray a generation of young people who then, in very large measure, end up on the streets, underemployed, unemployed or in the criminal justice system.

[Lord Touhig (Lab)]

Perhaps I may put a question to my noble friend. Is he aware that 70% of youngsters excluded from schools in England and Wales have learning difficulties, which often lead to mental health problems? We are creating a social underclass totally disconnected from society.

[Lord Adonis]

My noble friend makes a good point, but I want to remain constructive. Great though my admiration for my noble friend Lord Soley is, fundamental changes in the law rarely take place by means of Private Members’ Bills. My noble friend is working on it and this Bill may be the harbinger of great change thereafter. We are extremely hopeful and there is no one better at producing those changes than my noble friend.

I want to ask the Minister a specific question. This is clearly a steadily growing social crisis. Would he meet me and other Peers who have a keen interest in this to discuss what should be done about the specific issue of school exclusions? I see that my noble friend Lady Morgan is in her place. She played a big part in the academies movement. I hope that we can meet leaders of the academies—indeed the Minister is himself an academy sponsor—to understand the need to reconcile school autonomy in academies with responsible behaviour and ensuring that we do not throw children on to the scrapheap. If the noble Lord would agree to that meeting, I would be very grateful.

--- Later in debate ---

[Lord Adonis]

I understand what the noble Lord is saying, but it is quite difficult for the state to start making judgments about the philosophical preferences of parents when it comes to home education. The point I seek to make to the Committee is that while there are some forms of home education of which I personally strongly disapprove, I do not believe that is the big social issue facing the country. The major issue is home education that means no education, not home education that means better education. It is about getting at the fundamental problem of home education that means no education and throwing children on to the scrapheap that we have to deal with.

[Lord Grocott (Lab)]

Does my noble friend agree that part of the problem is the weakening of local authorities and their diminishing control over schools in their area? They are unable to take an overview of the needs of the area. That break-up is one of the most significant disadvantages of the development of schools policy in recent years.

[Lord Adonis]

My noble friend and I could debate academies over a good deal of time, and indeed we have done over the years. I do not believe there is any inconsistency between strong and autonomously-led schools and social responsibility. That has always been at the heart of the reforms that I and others have promoted over the past 20 years. Schools should be free to succeed, not free to fail their children. The noble Lord, Lord Lucas, made a number of very good points about the important role that Ofsted should play in this process. When it inspects schools, Ofsted should pay much more attention to what is happening to children who are basically off the register and being treated very badly.

[Lord Bird (CB)]

My Lords, I apologise for not speaking at Second Reading—please forgive me. I have to declare an interest, and here I address my remarks to the noble Lord, Lord Adonis. I was a child who was excluded from school, which meant that I had an incredibly impoverished education. When I brought up my own children, I started by putting them through the system where they failed and fell because they had inherited many of the problems I had. Poverty and crime and all these things can be passed on to many generations. They do not just fall off the map because you change your postal code.

I say to the noble Lord, Lord Adonis: my problem is that we fail 37% of our children in schools. When the noble Lord was the Schools Minister, he was a part of that failure in the same way as Justine Greening was, who reminded me that the failure rate is not 30% but 37%. Let us not do what I think is being done today, which is to bring together two considerations. The first is this. I have home schooled my children. If you meet them, you will find that they are the most socialised people I know. My grandchildren have also been home schooled, and I can swear on the lives of them all that their dignity, their citizenship and their quality of life have been increased incredibly by the beautiful opportunity we have to give parents and children a choice.

I am in love with that system, but I am aware that we cannot leave it to become a free for all. I have spoken to the noble Lord, Lord Soley, about this. However, I would ask the noble Lord, Lord Adonis, please not to bring two things together here. Social exclusion from school is a killer. I must have been one of the first pupils whose headmaster said, “You don’t have to come to school, Tony Bird. We will tick you off”. He did not call it home education; he sent me out shoplifting. It was a good Catholic school just down the road in Sloane Square—a lovely and beautiful school. They do not do that now.

The point I am trying to make is that we should not conflate these issues. The Bill drafted by the noble Lord, Lord Soley, is interesting because what it means is this: let us make sure that there are no perversities. However, school exclusion is a separate argument. I will be 100% with the noble Lord, Lord Adonis, as an example of a person who was violated by an education system created after the Second World War. They set up an underclass through the secondary modern school system, where all we were was being lined up to do jobs that had disappeared in the 1930s. That is one of the problems.

My problem is that I do not agree with the pedagogy in the school system today. It is preparing our children for 1972 while we have the fourth industrial revolution coming down the road. We should be preparing them for that, but I will leave that issue for another debate.

Education and Society

Lord Adonis Excerpts

Friday 8th December 2017 Lords Chamber

[Lord Adonis (Lab)]

My Lords, anyone with their wits about them realises that we are in the grip of a social crisis. Half or more of the country have been left behind, while the rest of Britain went to university, modernised and globalised.

This is not just about individuals and families, but communities, even whole towns and cities. The ultra-respectable Financial Times last month carried a heart-rending article by Sarah O’Connor, who had immersed herself in Blackpool and reported on what GPs there called SLS or “shit life syndrome”—deep poverty, pervasive drugs, obesity, anti-depressants and mental illness, in a large, isolated town exhibiting alarming signs of disintegration, including the largest encampment in Britain of children expelled from school. It is euphemistically called a pupil referral unit. Even more euphemistically, it is run by an organisation called Educational Diversity, but it is basically a dumping ground for 330 children whom schools want nothing to do with. That is 330 who have been expelled from schools in one northern town and sent to what is in many respects a giant training camp for the criminal justice system, in addition to hundreds excluded from school day by day for lower-level misbehaviour, who simply roam the streets.

Those noble Lords who have had the misfortune to attend party conferences know why we stopped going to Blackpool. But for Blackpool today read also Hull, Grimsby, large parts of the north and the Midlands, and large towns in the south, including Hastings, Dover and Folkestone. Poor education is at the heart of this social crisis. Schools, secondary schools in particular, are too often bleak and low-performing in virtually all the communities I just mentioned. There are not nearly enough good teachers. Apprenticeship numbers, incredibly, are declining, despite the apprenticeship levy. The private schools are separating themselves ever more from mainstream society. Only yesterday, Westminster School, a wholly owned charitable subsidiary of the Church of England, which occupies fabulous charitable premises adjoining Westminster Abbey, announced that it was setting up six elite schools in China. Its social outreach should be to the poor of Bradford, not the super-rich of Beijing. And our universities are racked by controversy over sky-high student fees and debts, run by vice-chancellors who have become latter-day prince bishops, paid up to £500,000 a year and likening themselves to Maradona and Richard Branson.

I do not have time to offer more analysis, so I will get straight to the six things that I believe now need to happen as a matter of urgency. First, the Prime Minister should appoint a Minister for good schools, based in Blackpool or Grimsby, with direct responsibility and funding for school improvement in areas of very low educational standards. The Government’s policy at the moment is basically waffle: they have published a list of 12 so-called opportunity areas, which include Blackpool. However, there are only 12 across the entire country, nothing much is happening on the ground and, even for these 12, the department’s website cannot do much better than say that they receive,

“prioritised access to a … support package”.

A decade ago when I was Minister for schools, I was also the Minister specifically responsible for London schools. With the inspirational Tim Brighouse, I led a team to radically improve schools in the capital, including extensive funding and planning powers. I reproach myself for not persuading Tony Blair and Gordon Brown to adopt the same intensive place-based approach to other parts of the country where school standards were and remain deplorable. This now needs to be done. I sense that the Minister is a man of action and I am sure that he would be highly effective at mobilising the considerable resources of Her Majesty’s Government from Blackpool or Grimsby.

Secondly, we have to tackle the cancer of school expulsions, which is such an important cause of young lives going completely off the rails. This is a difficult issue but, after much consideration, I have come to the conclusion that the right course is to forbid schools from expelling pupils or even temporarily excluding them unless they have broken the law. Instead, schools should be required to make appropriate on-site provision for disruptive pupils, even if, for good reasons, that cannot always be in mainstream classrooms, and they should be given extra funding to do so.

Thirdly, bold action is required on apprenticeships. Within a short period, the Government should require every large public service organisation, including the Civil Service, the NHS and local authorities, to recruit among their new trainees at least as many apprentices as graduates, while across the public and private sectors, the new apprenticeship levy should be tied contractually by the state to the provision of a minimum number and quality of apprenticeships each year. I suggest to the Prime Minister that the Government immediately grant this contracting power to Andy Street, the highly capable Mayor of the West Midlands and former managing director of John Lewis, and ask him to report within a year on a system for deploying the projected £3 billion income from the apprenticeship levy to transform apprenticeship numbers and quality nationwide.

Fourthly, after decades of Government after Government urging private schools to behave like the charities they legally are, but seeing nothing happen beyond tinkering at the edges, we need bold action here too. In my judgment, the easiest and most effective intervention is to tax private school fees. An educational opportunity tax of 25% on private school fees would raise around £2.5 billion, which could be used to boost teacher pay in hard-to-recruit areas; fund one-to-one or small-group tuition for children in danger of not getting English and maths GCSEs, the absolutely indispensable passports to skilled work and further learning; and fund free music and sports tuition across state schools, offering the wider curriculum that private school parents and children take for granted.

Fifthly, on tuition fees, the right thing to do is to cancel the trebling of these fees that took place in 2010 and reduce them to around £3,000, reduce the extortionate interest rate the Government are now charging on debt, and cancel the absurd controls on overseas student numbers, which hold universities back from competing internationally.

Sixthly, on the scandal of vice-chancellor and senior university pay, it is clear that self-regulation is no longer working and that the state’s own regulators, the Higher Education Funding Council for England and the Office for Students, are toothless because they too are dominated by the very vice-chancellors they should be regulating. The best course is an independent inquiry to recommend limits on top pay in universities and governance reforms to ensure better controls. I cannot think of anyone better suited to conduct such an inquiry than the most reverend Primate himself. He is paid only £80,000 and he runs an organisation much like a university. Like many vice-chancellors, he lives in a palace, and since the Almighty seems to be the only higher power recognised by the vice-chancellors, he is in a good position to sort that one, too.

Among the bishops of my youth, my hero was David Sheppard, the former Bishop of Liverpool. The Faith in the City report was a great influence on me and my generation. Back in the 1980s, social disintegration was advancing upon us and it is doing so again today. We cannot walk by on the other side.

Schools

Lord Adonis Excerpts

Thursday 16th November 2017 Grand Committee

[Lord Agnew of Oulton]

I will write to the noble Lord after the debate.

The noble Lord, Lord Jones, raised the issue of capital funding. Between 2010 and 2016, we invested over £28 billion in schools capital programmes, including £6 billion on basic need, £8 billion on condition and £1.4 billion on the priority schools building programme, dealing with some of the oldest schools on the estate. Since then, the Government have committed to invest over £23 billion in the school estate between 2016-17 and 2020-21.

The noble Lords, Lord Jones and Lord Fellowes, asked about our relationship with independent schools. We know that different parts of our education system can work in partnership to help deliver more good school places. We are close to reaching an agreement with the Independent Schools Council on what we can expect independent schools to do and how we can help them overcome the barriers that can get in the way of cross-sector working.

The noble Lord, Lord Jones, raised the issue of teacher pay. Of course we recognise that good schools are about good teaching as well as fair and proper funding. Decisions about teachers’ pay are based on recommendations from the independent School Teachers’ Review Body, and last year we accepted the recommendation of a 2% rise to the main pay range for teachers.

The noble Lord, Lord Fellowes, talked about cross-party collaboration. I certainly give credit to the previous Labour Government for the initiation of the academies programme, which is something that we have tried to build on, and for the London Challenge. I think that we agree on much. I accept that we will agree on some things but it is clear to me that we have things to learn from one another.

The noble Lord, Lord Bird, raised the question of pedagogy and the relevance of the existing curriculum for the modern world; the fourth industrial revolution, as he described it. We are making progress, certainly in two areas. Take maths, which is an essential underpinning if one hopes to go into any technology-based career. In 2010, only 22% of children in the state system were studying maths at GCSE, and that has increased to 38%. We also now have 62,000 pupils entering computer science GCSE, which has gone up year on year.

I again thank noble Lords for their contributions to this debate. Many important points have been raised and I will write to address those that I have not had the time to respond to fully. I want to emphasise that for this Government social mobility and good education are high priorities. I met the noble Lord, Lord Bird, yesterday and he said that he sees the approach to poverty as being based on four categories: prevention, emergency, coping and care. His assertion is that not enough emphasis is placed on prevention. I wholeheartedly agree with him and believe that education is the best form of effective prevention against the mire of poverty.

[Lord Adonis (Lab)]

I warmly congratulate the Minister on his appointment. Is he aware that in Blackpool, one of the opportunity areas to which he referred, there is a pupil referral unit with almost 400 pupils? That is by far the largest concentration of excluded pupils in any pupil referral unit in the country. Does he agree that this is a social crisis? Would he be happy to meet me to discuss how this urgent situation can be addressed?

[Lord Agnew of Oulton]

I would be delighted to meet the noble Lord to discuss the matter further.

Higher Education and Research Bill

Lord Adonis Excerpts

Committee: 6th sitting (Hansard): House of Lords
Wednesday 25th January 2017 Lords Chamber

[Baroness Goldie]

As ever, my noble and learned friend makes a significant suggestion. I undertake that we shall reflect on that.

[Lord Adonis (Non-Afl)]

I observe that a whole section of Schedule 1 relating to the Office for Students concerns committees. Paragraph 8(1) states:

“The OfS may establish committees, and any committee so established may establish sub-committees”.


This appears to be a power without limitation. The noble Baroness not only can have her committee on new providers; she can have a range of sub-committees as well. We could spawn a whole bureaucracy around the provision of new providers. One hopes that, at the end of it, we will actually get some new providers and not just committees. In one of the many letters she is sending us, I wonder if the Minister could confirm that, under that power, it would be perfectly possible for the OfS to establish a committee for the purposes that the noble Baroness and the noble Viscount have in mind.

[Baroness Wolf of Dulwich]

It would be very helpful to have that confirmed.

Higher Education and Research Bill

Lord Adonis Excerpts

Committee: 5th sitting (Hansard - continued): House of Lords
Monday 23rd January 2017 Lords Chamber

I note with interest the suggestion of an annual report to Parliament, proposed by the noble Lord, Lord Liddle. I suspect that in most years it would be a rather dull report, as we do not believe the use of these powers would be frequent. However, I will certainly take the suggestion seriously and into account when reflecting about the processes more generally.

[Lord Adonis (Non-Afl)]

My Lords, I can see that under Schedule 1 the OfS must prepare a report on the performance of its functions during each financial year in any case. Given the magnitude of the decisions to which my noble friend Lord Liddle referred, it would be a very straightforward and simple amendment to require that annual report to have regard to the exercise of the functions under this clause.

[Viscount Younger of Leckie]

I note the point the noble Lord, Lord Adonis, has made and that will definitely be part of our general reflection.

I now turn to the processes and safeguards. The OfS, as an independent regulator, will be best placed to make decisions on whether to vary or revoke an authorisation to grant awards or revoke a university title. However, there is a statutory process that must be followed. Clauses 44 and 54 provide that the OfS give appropriate notice to the governing body of the provider, set out its reasons why it considers it necessary to take the step of variation or revocation and must have regard to any representations made by the provider before proceeding. I agree that the OfS should be able to draw on all relevant information, including from other parties. Clause 58 enables that already.

Turning to Amendments 282 and 347A, we want to move to a system where quality, rather than the age of an institution, will be the yardstick and where the OfS has powers to vary or revoke degree-awarding powers and to revoke the university title of any institution, no matter how they were obtained. This is essential to achieve a level playing field among providers.

Amendment 282 would unlevel the playing field for revocation of degree-awarding powers. We included a right of appeal for any revocation decision because we felt that this was the most appropriate and independent review, and that it would therefore be the best way to safeguard the interests of the provider, including its institutional autonomy. An appeal to the First-tier Tribunal is an opportunity for a provider to present evidence to support its case. It provides for a politically neutral and objective judgment of the merits of the case. I see the logic behind these amendments and we value the expertise of Parliament, as well as the important scrutiny functions. However, on matters of regulation, we believe such scrutiny and safeguards are better provided by the courts, rather than by Parliament. The regulatory framework will apply to all providers equally. If we accept this principle when it comes to other rights and obligations, I find it difficult to justify treating a provider that got its degree-awarding powers in the 1970s—such as the University of Buckingham, for example—differently from one that gets them in 2020.

Before I finish, let me briefly address the amendment of the noble Lord, Lord Judd, which would allow for appeals against unsuccessful degree-awarding power applications. There currently is no such provision and the appeals provision in the Bill has been drafted to cover scenarios where the OfS makes a decision that deprives providers of a status or powers, or imposes a monetary penalty. I can provide some reassurance: we expect that there will continue to be internal complaints mechanisms similar to those run by the QAA at present. The amendment is therefore not needed.

I am afraid there is no time to address the thoughtful points raised by the noble Lord, Lord Judd, on the path universities are travelling down. I say only that there is undeniably an important, international market where we are in the business of attracting students who realise that they have a choice. We have to be realistic and remember that.

As I said, we appreciate the need to get the safeguards right. While we feel we have struck the right balance, we will continue to reflect on any areas of improvement. In the meantime, I ask the noble Lord, Lord Watson, to withdraw Amendment 282.

Higher Education and Research Bill

Lord Adonis Excerpts

Committee: 2nd sitting (Hansard - continued): House of Lords
Wednesday 11th January 2017 Lords Chamber

[Lord Willetts (Con)]

My Lords, I would like to comment on some of the interventions we have heard expressing concerns about alternative providers. Sometimes, it has been an unhappy story and alternative providers have not delivered what they were supposed to but some of the criticisms are unfair, for two reasons.

First, we should remember that these organisations have no access to research funding or funding for higher cost subjects, so there is a large range of university activities for which they have no access to public funding to engage in. In fact I know that for some of them, their grievance is that they would rather like to have access to some of these strands of funding so that they could provide a greater range of subjects.

Secondly, it is not entirely true to say that they are all of a sort. In my experience, they are quite astute at identifying where there are gaps in provision. For example, modern music is not a subject which is particularly accessible and well taught in higher education institutions. If you want some qualifications of higher education standard for modern music, you by and large go to an alternative provider. Many of them have focused on vocational courses. There is increasing interest in alternative models for delivering medical education. I am being wary as I see the noble Lord, Lord Winston, is poised but there is beginning to be debate about whether medical education could do with some innovation, and some new providers would like to come in.

The argument on this was very well set out at the time of Robbins. There was a lively debate then about new ways of delivering higher education, and the conclusion of some of the leading universities at the time and of the UGC was that the best way to get innovation in higher education was to allow in new institutions to deliver it, as that was a better way of achieving it than expecting the existing ones to do things differently. The new Robbins universities were of course set up without any prior track record. They got university title straightaway and came in with great ambitions for doing things differently.

As we go through these clauses there are lots of genuine concerns, which we need to focus on, about the weight given to competition and collaboration. I may come to those when we debate those clauses, but we should just remember that the story of the advance of British higher education is successive waves of new entrants coming in and doing things differently. That is why we have the diversity that we currently celebrate, and we should, as a minimum, expect it to be as possible in the future for new entrants to come in as it was at the time of Robbins and of the great Victorian reforms.

[Lord Adonis (Non-Afl)]

My Lords, I am glad I am following rather than preceding the noble Lord, Lord Willetts, because the point I wanted to make was about geographical diversity. Mindful of the injunction he gave earlier on that we do not want to load still more duties and responsibilities on the Office for Students, I am not suggesting that there should be an amendment on this, but it is very important that the OfS, and indeed public policymakers at large, have regard to the importance of fostering and improving the geographical diversity of our higher education institutions. One of the things that is surely clearest to those of us who have been engaged in the big and increasingly challenging debate on regional regeneration is the importance of higher education institutions in the regions serving a steadily higher proportion of our larger communities across the country.

What is interesting about Robbins is that of the big developments in the 1960s, although it is true that there was some significant innovation in terms of the type of higher education being introduced, by far the biggest and best example was not in fact a Robbins institution but the Open University, which was quite strongly opposed by some of the established institutions at the time. It was only—how can I put it?—a significant exertion of prime ministerial power on the part of Harold Wilson, along with Jennie Lee, that got the Open University going.

[Lord Willetts]

I completely accept the heroic success of the Open University. But is the noble Lord, Lord Adonis, saying that he very much welcomes the fact that it got university title straightaway?

[Lord Adonis]

The OU was a wise and sensible innovation, although there is a wider issue here of alternative providers and profit against trustee status, which I will come back to. The 1960s universities were of course set up on the trustee model. The most significant change that Robbins made was not innovation in terms of types of university, but in extending university institutions to large parts of the country where they either had not existed at all before or could offer only other people’s degrees. The University of London was basically the institution which enabled large parts of the country to have any higher education system at all in the past.

Three years ago, on behalf of the North East local enterprise partnership, I was asked to lead a review of policies to promote economic regeneration in the north-east. One of the things that became clearest to me in our work was that the single most important class of public institutions, in terms of fostering regeneration and innovation in the north-east, were the five universities in the region. Without them, what was an exceptionally challenging area for growth, innovation, the location of businesses and creating higher education opportunities would be in a much worse condition. Underlying this, a particular issue which we face as I see it in the higher education sector is the propensity of students, particularly those from less-advantaged backgrounds, to study at local universities rather than to aspire to go to national universities. If the local universities are not there or do not themselves offer the quality—there will often not be a choice there because of the nature of their communities —then there are no higher education opportunities at all in those communities. When it comes to objectives for public policy for the period ahead, maintaining and enhancing the geographical diversity of high-quality institutions is hugely important.

--- Later in debate ---

[Lord Willetts]

My Lords, I would like to follow on from that speech by asking the Minister, who has been so helpful this evening, to clarify how collaboration might work. I listened attentively to what he said in his intervention on the previous group of amendments and he seemed to make the argument that this overarching aim of serving the interests of students would encompass both competition and collaboration. It would be helpful to me and perhaps to other Members of the Committee to have that explained.

We have had examples from academics of what might happen in the world of universities. Let me give an example from the area of policy, which is that sometimes a university may have got into significant financial difficulties. What HEFCE did was essentially to broker a merger of universities. Sometimes that involved sending a rather weak swimmer to rescue a drowning man and created another set of problems, but nevertheless what HEFCE can do when an institution gets into difficulties is promote mergers.

It is an unhappy parallel and I am reluctant to raise it, but we have seen examples in health legislation of bringing in a duty to promote collaboration. Reportedly, that subsequently led to occasions when it was rational for two underfunded and financially exposed hospitals to come together, but that was not possible because there was a competition requirement on Monitor with no scope for promoting collaboration. So it would be helpful if we could hear from the Government that they do indeed understand these types of functions and that there could be circumstances where it remains desirable, and—here I follow on from what was said by my noble friend Lord Jopling—whether the way to tackle it is through a long list of duties or a simpler overarching statement. It would be helpful to understand the logic.

What is partly going on here, if I may say in my final observation, is that we are dealing with a problem of trust. Indeed, we may have someone who is an expert on trust here in the Chamber with us. The odd feature is that HEFCE had an extraordinarily wide range of powers, which it operated with extraordinarily high levels of discretion and a minimal legal framework. It got away with that because, by and large, people understood and trusted HEFCE. The more we can think of this body as a successor to HEFCE in a different financial environment—it does not have grant-giving powers as its ultimate source of responsibility, so it needs a legal power as a regulator instead—the more we can think of it as the heir to HEFCE, apart of course from the research side, and exercising the range of functions that HEFCE had. At one moment, HEFCE was promoting cold spots and at another it was brokering mergers because, by and large, it was trusted by the sector to do that kind of thing. Some statement about the spirit of HEFCE living on, combined with a broader approach, might be a better way of tackling this than setting out a very long list of duties and obligations of which I continue to remain wary. There is no evidence that that promotes trust in any other area, and I have to say that the advice I was given by parliamentary draftsmen when I was a Minister was that they hated long lists of duties in undifferentiated lists. They never regarded that as a good way of defining a legal framework within which a body would operate.

[Lord Adonis]

My Lords, I turn to the issue of geographic diversity. One of the prime areas where there has been collaboration is in creating campuses and a university presence in areas of the country where it otherwise would not have been either an economic or a prime mission of a university to seek to make such provision. The example that comes to mind from my time as a Minister, and where quite a lot of work was done by government bodies to foster collaboration, was in Medway. As I recall, that was a collaboration between the University of Greenwich, the University of Kent and, I think, another institution to enable higher education provision to be made in a very challenging and deprived area. A sole provider would not have been prepared to move in there. The same was true of the creation of higher education provision in Cornwall, which, as I recall, was a collaborative vision on a similar basis. Looking at the need to spread geographical provision more widely, fostering collaboration between institutions, and further education institutions where necessary, will be very important to making any provision at all.

Collaboration is not only between prestigious institutions, although I should add that in my experience the Government can foster collaboration of any kind where they are prepared to sign very large cheques, which has a large part to do with Crick. However, where we want to see more provision in areas of the country where it is not at the moment in the prime mission of any institution to provide it, collaboration between different types of institution may be a prime way to see that come about.

[Viscount Younger of Leckie]

My Lords, I assure the noble Baronesses, Lady Wolf and Lady Brown, and the noble Lord, Lord Stevenson, that I fully understand the principles they seek to address here. To reassure the noble Baroness, Lady Brown, on the new duties for collaboration and innovation, we are wholly supportive of collaboration and innovation where it is in the interests of students. I hope I can go some way to answer the question raised by my noble friend Lord Willetts on how collaboration and competition will work. I will say a little more about that later. For example, providers could share services to generate efficiencies that allow more resources to be focused on teaching, offer courses in partnership, or design new styles of degree programmes to meet differing students’ needs. These are essentially non-competitive ways to enhance the offering from both or more institutions should they decide to collaborate.

I will start by saying a little more about collaboration. The general duties of the Office for Students are absolutely consistent with the idea that providers should continue to collaborate and innovate in the new regulatory system. There should be no conflict with the OfS’s duty to have regard to encouraging competition between higher education providers where it is in the interest of students. My noble friend Lord Jopling is right in his assessment that the OfS is already required under Clause 2 to have regard to,

“the need to promote quality, and greater choice and opportunities for students”.

Such collaboration and innovation is implicitly and undoubtedly in the student interest. To pick up on the question asked by my noble friend Lord Willetts, there is nothing inherent in that “have regard to” duty that would prevent the OfS also supporting collaboration between higher education providers if it considers it is also in the interests of students, employers or the wider public—for example, by supporting the merger of two providers.

The noble Lord, Lord Winston, asked in his thoughtful, brief intervention how the OfS would enforce collaboration. We do not wish to create an expectation that the OfS should be formally or actively regulating this type of activity. That would be unnecessary.

On innovation, we concur with the noble Lord, Lord Stevenson, about a lack of innovation in the higher education sector. It is important for the OfS to have a focus on supporting a competitive market. That means it must regulate fairly and allow all providers to operate under the same set of rules. This will make it simpler for new high-quality providers to enter and expand, help to drive up teaching standards overall, enhance the life chances of students, drive economic growth and be a catalyst for social mobility.

Competition will incentivise providers to raise their game, fostering innovation. New providers can respond innovatively to what the economy demands and equip students with the skills needed for jobs of the future. So promoting innovation, like collaboration, does not require a separate duty. When it is in the student interest, the OfS will be fully able to support it because the student interest is at the very heart of the OfS. Requiring the OfS to have regard to encouraging competition only where it is shown to be in the interest of students, employers and the wider public would be unnecessary, burdensome and inflexible to implement. The current wording already limits the promotion of competition to where it is in the interests of students and employers. The amendment would mean that the OfS would have to demonstrate that in some way that these various interests were met, placing an unnecessary evidential burden on the regulator and, in turn, on higher education providers.

I now turn to whether the OfS should have regard to encouraging competition where this is in the interest of the public or of wider society. The Bill makes explicit the general duty to encourage competition,

“where that competition is in the interests of students and employers”.

In doing so, it emphasises that the student interest is at the heart of the OfS and recognises the wider public benefits associated with maximising choice and competition in the higher education sector.

As I set out in the previous debate, operating in the public interest or that of wider society is implicit in the role of the OfS as a public body that is accountable to the Secretary of State and to Parliament. The noble Baroness, Lady Wolf, spoke of the conflict between the roles of the CMA and the OfS and asked me to provide further detail. As I said on Monday, I look forward to discussing this matter later in Committee, when we will consider the noble Baroness’s proposed new clause. I hope that she will have a little patience and that we can discuss that at more length later on in the Bill. In the meantime, I hope that I have been able to reassure the noble Baroness, Lady Wolf, and the noble Baroness, Lady Brown, who spoke at the beginning of this debate, that we have struck the right balance—and it is a balance. I hope that she will not press her amendment.

National Funding Formulae for Schools and High Needs

Lord Adonis Excerpts

Wednesday 14th December 2016 Lords Chamber

[Lord Adonis (Non-Afl)]

My Lords, I have wrestled with the school funding issue myself in the past, particularly in 1997, when we inherited significant overfunding of grant-maintained schools relative to other schools. The decision we took after extensive consultation with schools was that it would not be appropriate for schools to have their budgets cut. Part of the reason for that is that there is only a certain amount of energy in the system to raise standards, and it was clear from the discussions that I and my colleagues had that that would lead to a massive draining of energy from the system, because every school to lose from its budget would blame every problem it faced, every failure to raise standards, and every controversy in which it was engaged on the Government having cut its budget.

That involved a very small number of schools. The Minister and his colleagues are being extremely courageous in proposing to cut the budget of 46% of schools. All I can predict with any certainty is that there will be massive controversy in the sector; that will distract from the challenge which he and I would agree is the most important one facing the education system—the relentless one of raising standards, particularly in poorer areas, where standards are still too low and too many schools are still underperforming.

There is a very simple remedy—the one suggested by the noble Lord, Lord Storey—which is that no school suffers a cut in its budget. It would take longer for the new funding formula to take effect, but it would ensure that no school has to sack teachers or is given the excuse of a reduction in its budget to take its eye off the most essential challenge that we face, which is raising standards, tackling disadvantage and ensuring that every pupil in every part of the country has an opportunity to succeed at school.

[Lord Nash]

My Lords, I share the view of the noble Lord, Lord Adonis, that raising school standards is the most important thing. I perhaps should declare an interest, because he got me into this in the first place.

I do not want to sound complacent, but all schools have known for some time that they effectively face a cost pressure of 8% through pensions and national insurance. The school system is adjusting to that remarkably well, actually. I can only repeat what I said earlier: the toolkits that we published and the methodology being developed to re-engineer some processes without resulting in redundancies, in many cases, are remarkably effective. A closer analysis of some of the techniques, where adopted—I agree that they need to be more widely adopted across the sector—will show that they are effective.

Schools: Admissions

Lord Adonis Excerpts

Thursday 14th June 2012 Lords Chamber

[Lord Hill of Oareford]

Yes, my Lords, the Government’s position on selection is clear and we have no plans to change it. The existing legislation that governs the prohibition on the introduction of new selective schools remains in place. The only change that the Government have made since we came in is the ability of schools of all types to expand their number locally in response to parental demand, if they are popular schools, because we are keen to give parents more ability to get their children into local popular schools.

[Lord Adonis]

My Lords, will the Minister congratulate the growing number of independent schools which have joined the state system in recent years as academies by giving up both fees and selection? In particular, will he commend Belvedere School in Liverpool, William Hulme’s Grammer School in Manchester, Bristol Cathedral Choir School and Colston’s Girls’ School in Bristol, which are doing a fantastic job as state academies and are open to their population as never before by becoming academies, giving up fees and giving up the 11-plus?

[Lord Hill of Oareford]

I know that this subject is very dear to the heart of the noble Lord, Lord Adonis, and I am extremely aware of all the work that he has done for many years to pursue that goal. Those schools are making a fantastic contribution. I was looking at their results the other day. Since they have come into the maintained sector, without selective admissions, they continue to perform an extremely good job. A number of schools across the country demonstrate that it is possible to achieve outstanding results if they have high aspiration, high ambition, an orderly environment and work hard for all of their children to do well.

Schools: Curriculum

Lord Adonis Excerpts

Tuesday 28th February 2012 Lords Chamber

[Lord Hill of Oareford]

I hope I have explained, but if I have failed I will try to make it clearer. My understanding is that there is a clear distinction between what is able to be taught in schools and teaching that encouraged homophobic bullying or inappropriate behaviour of any sort, which would clearly fall foul of a range of different pieces of legislation. That is clearly wrong and we would deplore it. However, the ban on that kind of behaviour and what is done in lessons does not extend to particular source material. For example, there may be people who think that the “Merchant of Venice” as a script, a text or a document encouraged anti-Jewish sentiment. Should that be outlawed? No, it clearly should not. That is the distinction I am seeking to draw between the use to which materials are put and the materials themselves.

[Lord Adonis]

My Lords, has the Minister read the book and does he have a personal view on it?

[Lord Hill of Oareford]

As it happens, I have read the material to which the noble Lord referred. Many views expressed in it are not ones to which I would subscribe. However, there are many pieces of information, material and literature that contain views to which I do not subscribe, and I do not have a great desire to ban people who hold views different from mine.