Skills and Post-16 Education Bill [HL]

Lord Bishop of Durham Excerpts

Committee stage
Wednesday 21st July 2021 Lords Chamber

Moved by

[The Lord Bishop of Durham]

90A: After Clause 25, insert the following new Clause—
“Universal credit conditions: receiving education
(1) In section 4 of the Welfare Reform Act 2012—(a) in subsection (1) omit paragraph (d), and(b) omit subsection (6).(2) The Secretary of State may by regulations made by statutory instrument make consequential provision.(3) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.”Member’s explanatory statement
This amendment would remove the restriction that those “receiving education” cannot claim Universal Credit, which at present may impede some of the most disadvantaged from benefitting from learning opportunities. It is intended to probe how the Government plans to incentivise take-up of training programmes, and to elicit how cross-departmental working can be made more effective in transforming learning and skills.

[The Lord Bishop of Durham [V]]

My Lords, I am grateful for the support of the noble Lord, Lord Addington, and the noble Baroness, Lady Morris of Yardley. On these Benches, we welcome the Bill as the first step in implementing the much more significant role that further education needs to play in transforming the lives and life chances of individuals, communities and wider society. Quite properly, the Bill is chiefly concerned with structural or technical issues. The House has done its usual, excellent and thorough job of exploring large numbers of those matters through the four days spent in Committee. The Bill deals with what one might call the supply side of provision by aiming to make it more responsive and adaptable to the needs of employers and the community, for example. Turning any vision into action is no easy thing and I am most grateful to the noble Baroness, Lady Berridge, for an extremely helpful meeting, including on the issue of incentivising learners to take up the new opportunities that the Bill seeks to increase.

However, one of the crucial factors in radically increasing the take-up of the opportunities that should flow from such responsiveness is the provision of financial support for those who are unable to meet the costs of their studies because they are reliant on state benefits—for example, if they are unemployed. I therefore also support Amendments 92 to 98, all of which—although in different ways—aim at broadening the range and scope of support for learners. As your Lordships will have noted, Amendment 93 also specifically refers to amending the universal credit conditions in a way that would permit full-time study. There is therefore already a wide degree of support for more flexibility in the benefits system to maximise access to skills training and education.

I turn to Amendment 90A in more detail. The current welfare rules pose a major barrier to upskilling or retraining for many people out of work—a situation that is not new. Historically, that was embodied in the 16-hour rule but persists under the new universal credit system. For example, someone currently in receipt of universal credit will lose access to benefits if they take up the lifetime skills guarantee of a fully funded first level 3 qualification or other further education qualification. The Chancellor has invested in programmes in the Department for Work and Pensions and the Department for Education to support 16 to 24 year-olds but the programmes do not currently operate in tandem and it is difficult to make them work for employers, students, unemployed people and colleges. In addition, while support with tuition fees is one element in enabling people to begin their courses, living costs—the maintenance element—are often a more significant barrier, a matter often discussed in reference to students in higher education but that is just as much a problem for students in further education, if not more so.

I fully recognise that the Government have begun a significant programme of substantial and complex work over the student loan system and the LLE, and that joint work is already under way between the DfE and the Department for Work and Pensions. I am most grateful to the Minister for having shared with me and colleagues some of those issues and their proposed solutions. We appreciate that there are also significant complexities—technical, practical and legislative—in embodying detailed provision for student financial support in primary legislation, and of which those of us who participated in scrutiny of the Higher Education and Research Act and its cousins will be all too well aware. I am most grateful to the noble Baroness for the information in her recent letter about the lifelong learning entitlement amendments tabled on Wednesday and the invitation to a briefing on the matter.

However, the purpose of the amendment is to give the noble Baroness an opportunity to assure the Committee that the Government are committed to reforming those aspects of the benefits system that may act as barriers to people’s participation in gaining new skills or increasing their present skills, which our post-Covid society will need. I would welcome further discussions with her or officials as the Government’s proposals are developed. At this stage, subject to those assurances, I will leave this as a probing amendment.

[Baroness Janke (LD) [V]]

My Lords, I speak in support of Amendment 93 in the names of my noble friend Lord Storey and myself. As the right reverend Prelate said, the amendments in this group deal with finance and incentives to take up the training and development opportunities in the Bill, as well as addressing the disincentive posed by universal credit to taking up those opportunities.

Amendment 93 seeks to change the current situation of people who are unemployed and wish to follow full-time training courses to improve their job prospects by giving them entitlement to universal credit, from which they are currently excluded. As has been explained, that is because those receiving universal credit have obligations to prioritise job searches and take available jobs over full-time training. In addition, the length of time in which people can continue receiving universal credit while undertaking work-focused study has been capped at eight weeks. People taking up courses on offer would have to give up universal credit and have the choice of whether to take up chances of reskilling or have enough money on which to live, eat and pay bills. Unemployed people or those on low-paid jobs are the least likely to take out a loan, further risking indebtedness and poverty for themselves and their families.

The Bill is about the importance of training and retraining to support people and employers. The Government have rightly invested in traineeships, apprenticeships and the Kickstart and Restart programmes. However, those schemes have limited eligibility. Unemployment has risen in age groups other than those aged 18 to 25, on whom much attention is focused, but the people who would benefit from claiming universal credit are often those who would benefit most from retraining and development.

There is a lack of co-ordination across departments to make the Bill and its provisions succeed. There needs to be appraisal by the DWP and I should like to hear from the Minister what the Government have done to consider the difficulties of people who are trying to take up courses when they are unemployed and have no other means of support. Amendment 93 seeks to amend the regulations on universal credit to enable a more flexible and enabling approach to those most in need of retraining development for decent jobs. It relates only to courses leading to the lifetime guarantee and I look forward to hearing the Minister’s response.

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[Baroness Penn (Con) [V]]

My Lords, this group of amendments broadly seeks to enable individuals studying at level 3 and below to claim universal credit. It may be helpful to noble Lords if I set out the work already under way in this space, as was noted by several participants in the debate.

Officials at the Department for Education and the Department for Work and Pensions are working together—I hope that the noble Baroness, Lady Sherlock, will be reassured by that fact—to mitigate the barriers to unemployed adults taking advantage of our skills offers. In April, an extension to the flexibility offered by universal credit conditionality was announced for a trial period of six months. The noble Baroness, Lady Janke, made a point about the eight-week cap for full-time training for those on universal credit. As a result of the trial under way, adults who claim universal credit and are part of the intensive work search programme can now study full-time for up to 12 weeks, or up to 16 weeks as part of a skills bootcamp in England. This builds on the eight weeks for which claimants were already able to train full-time. Such measures are helping to ensure that universal credit claimants are supported in accessing training and skills that will improve their ability to gain good, stable, well-paid jobs.

Amendment 90A, moved by the right reverend Prelate, and Amendment 93, tabled by the noble Baroness, Lady Janke, have a similar thrust so I will take them together. Section 4(1)(d) of the Welfare Reform Act 2012 sets out that one of the basic conditions of entitlement to universal credit is that the person must be “not receiving education”, which can be defined in the regulations made under subsection (6). Financial support for students comes from the current system of learner loans and grants designed for their needs. Where students have additional needs that are not met through this support system, exceptions are already provided under Regulation 14 of the Universal Credit Regulations 2013, enabling those people to claim universal credit.

However, universal credit is not intended to duplicate the support provided by the student support system. Furthermore, the sub-paragraph of Regulation 14 referenced in Amendment 93 provides an exception to the requirement that a person must not be receiving education to be entitled to universal credit. That is designed to support care leavers aged 18 to 21 who wish to catch up on education that they may have missed when they were younger, and to make welfare support available to them. We therefore feel it would be of benefit to maintain this regulation to continue to support this group of adults.

On Amendment 98, tabled by the noble Baroness, Lady Sherlock, and the point raised by the right reverend Prelate and the noble Baroness, Lady Janke, that it is not possible to take advantage of the lifetime skills guarantee while on universal credit, I point out more broadly that an adult undertaking a course up to level 3 may still be entitled to universal credit. This is provided that their course is compatible with work-related requirements agreed with their work coach. Where the course is work-related and will give the person the best chance of securing work, the work coach may consider it a suitable work preparation activity. In such cases, time spent on the courses will be deducted from the amount of time the person needs to spend looking for work.

To answer the questions from the noble Baroness, Lady Sherlock, on this principle, she is right in noting that those on universal credit should not restrict their availability for work in favour of the course that they are undertaking. They might need to be prepared to give up or, more suitably, adjust their course in order to take up work, for example by moving to a part-time basis. The noble Baroness’s second question was on the pilot that we introduced for full-time training to last up to 12 or 16 weeks. We will evaluate the impacts of that extension before making a decision on its future. As the noble Baroness noted, the pilot runs until the end of October and then we will look at its effects.

I hope I have set out that the Government are already taking steps to ensure that the benefit system works better for those who need to undertake training to improve their prospects of finding work. As such, I hope that the right reverend Prelate is able to withdraw his amendment and that the noble Baronesses will not move theirs when they are reached.

[The Lord Bishop of Durham [V]]

My Lords, I thank the Minister for her reply and thank all colleagues for their comments on all three of the amendments in this group. I am very grateful for all the insights that were offered. Thank you, Minister, for outlining where work is already under way. That is reassuring, and it is also reassuring to hear that the DfE and the DWP are working together to help mitigate barriers—I trust that will continue and deepen—and to hear of the greater flexibility already under trial.

On reflection, listening to the complexity with which the Minister cited sections, subsections and so on from different Acts to explain the system does not give me great confidence for the poor person trying to do a level 3 qualification and decide whether they can get some financial support through universal credit. I understand that the complexity of the law is a bit different from the way that a work coach might approach it, but she illustrated one of the difficulties for young and older people seeking to find their way through this system. At this stage, of course I will withdraw my amendment, but I hope that on Report there will be evidence of further joint working with the DWP and further consideration of where this might be eased for those for whom access to universal credit would make a complete difference to their upskilling for the future.

Amendment 90A withdrawn.

Moved by

[The Lord Bishop of Durham]

90B: After Clause 25, insert the following new Clause—
“Long-term funding review
(1) The Secretary of State must commission a panel of experts to review of the long-term funding for skills and post-16 education.(2) The panel must consider and make recommendations about—(a) resources available for different types of technical training, further education and higher education; (b) support for disadvantaged students and those with special education needs;(c) the impact of this Act on the long-term funding for skills and post-16 education.(3) The panel must conclude their review and make a report to the Secretary of State with their findings and recommendations.(4) Within the period of one year beginning with the day on which this Act is passed, the Secretary of State must lay the panel’s report before Parliament.”Member’s explanatory statement
This is a probing amendment, intended to draw out the Government’s plans to introduce a longer-term funding settlement for FE, as called for by the Education Select Committee, prefigured in the White Paper and signalled, as the direction of travel by recent increases in core FE funding, capital funding allocations and the longer term Lifelong Learning Entitlement.

[The Lord Bishop of Durham [V]]

My Lords, in its 2014 report Sense & Instability, City & Guilds made a wryly humorous and powerful case for much greater coherence, greater focus on building on success and greater attention to effective implementation in skills policy. With the White Paper and this Bill, along with associated developments such as T-levels and, we hope, far more radical change to apprenticeships, it is clear that the present Government are moving in that direction—a trajectory that we on these Benches fully support. This amendment seeks to make those policy ambitions more concrete by placing their funding arrangements on a statutory footing.

The goal of joining up the wider education and skills system so that it better meets society’s needs and gives people the skills they need is by no means easy to reach. It also requires that goal to be embedded in a long-term national strategy, most appropriately on something like a 10-year horizon. That strategy needs to sit across government, so that it can more imaginatively bring coherence across departments, as well as give greater stability at college, local and regional levels. Crucially, it requires a matching long-term funding settlement.

It is already possible to see how this kind of cross-departmental approach can bring huge benefits, for example in areas such as sustainability and the green agenda, tackling the recruitment needs of nursing and other allied professions, the major changes facing the automotive industry and the significance of digital skills—all of which require colleges to play a major part in delivering the required skills to individuals, employers and businesses. The need for such a longer-term strategic investment has been called for by the Education Select Committee, is an underlying strand in the White Paper and is being signalled by the additional funding already released to colleges, as well as the lifelong loan entitlement already announced. The Augar report also signalled the clear advantages of treating HE and FE in a more comprehensive way. We look to see how the department intends to see that continue to affect policy.

Clearly, much will depend on the comprehensive spending review and the continued impact of the pandemic on public spending. It would, however, be helpful to have an indication of how such a long-term strategy is being developed and, as the amendment indicates, how it will translate into concrete recommendations and thence long-term action. I beg to move.

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[Baroness Penn (Con) [V]]

I thank the right reverend Prelate the Bishop of Durham for tabling his amendment. Based on the substance of the debate we just had, I am not sure that there is much disagreement between the Government and noble Lords.

The Government are committed to transforming further education so that everyone can access high-value provision relevant to labour market needs and job opportunities. As noble Lords noted, we published the Skills for Jobs White Paper in January, setting out the future policy direction in this area.

Over the past two years, we have invested significantly in post-16 education. In the 2019 spending round, we increased 16 to 19 year-old further education funding by £400 million, followed by a further £291 million at the spending review 2020, so the direction of travel for policy has been matched by the direction of travel for funding.

In addition, we are investing £325 million of the £2.5 billion national skills fund this year to support adult skills and retraining. We are continuing our investment in the £1.3 billion adult education budget and the £2.5 billion apprenticeships budget. We are also continuing our £1.5 billion multiyear capital investment in the FE capital transformation fund. This funding is helping to deliver on the commitments made in the Skills for Jobs White Paper and the lifetime skills guarantee. Noble Lords have rightly made the point about longer-term funding. However, funding beyond 2021-22 will be considered as part of the wider spending review later this year.

In addition, we have launched an extensive government consultation on reforms to the further education funding and accountability system to address many of the points made by the noble Baroness, Lady Wilcox. This consultation is a first step towards a funding and accountability system that will maximise the potential of further education and help us to build back better. We want to use the consultation to start a dialogue with the sector, employers and other interested parties on how government funding can be administered more simply and effectively so that colleges and other providers can focus on supporting learners to develop the skills they need.

Similarly, in the Interim Conclusion of the Review of Post-18 Education and Funding, we committed to consulting on further reforms to higher education, including on future funding. We continue to consider the recommendations made in Sir Philip Augar’s report, supported by an independent panel, and will conclude that review in due course.

Furthermore, to address the points made by the noble Lord, Lord Addington, we want all children and young people, no matter their background or special educational needs or disabilities, to reach their full potential and receive the right support. That is why we are allocating significant increases in high-needs funding—an additional £780 million in 2020-21 compared with 2019-20 funding levels, and a further £730 million in 2021-22, bringing the total support for young people with the most complex needs to over £8 billion.

In addition, the national funding formula for 16 to 19 year-olds includes extra funding for disadvantaged students. This is provided to institutions specifically for students with low prior attainment or who live in the most disadvantaged areas. Last year, the Government allocated more than £530 million in disadvantage funding to enable colleges, schools and other providers to recruit, support and retain disadvantaged 16 to 19 year-olds and to support students with special educational needs and disabilities. We also apply disadvantage uplift through the element of the adult education budget distributed by the Education and Skills Funding Agency to provide increased funding for learners living in deprived areas. The adult education budget also provides funds to providers to help adults overcome barriers to learning. This includes learner support for those with financial hardship and learning support to meet the additional needs of learners with learning difficulties.

As outlined in the Skills for Jobs White Paper, we will ensure that those with special educational needs and disabilities continue to gain direct work-related skills alongside maths and English to increase their employability. The noble Lord will know that the cross-government SEND review is identifying the reforms needed to improve support for children and young people with SEND, including those in post-16 provision, by working with system experts to design a SEND system fit for the future drawing on the best evidence available.

The breadth of measures already in train—some noble Lords may say that is a long list—contain many elements of a concerted strategy that is moving in a consistent direction on the back of a number of reports and reviews that have sought to look at this on a long-term basis, whether we go back to the Sainsbury review or the more recent Augar review. While I completely agree with the need to take a long-term and strategic approach to this issue, I am not sure that a further review supported by an independent panel at this time is the right way to knit this all together rather than the progress that we are making on delivering the important outcomes of a number of those reviews already undertaken. I therefore hope that the right reverend Prelate is able to withdraw his amendment.

[The Lord Bishop of Durham [V]]

My Lords, I thank the noble Lord, Lord Addington. I knew I could rely on him to pull out the specifics around special educational needs and the reasons for the need for long-term support and development. I thank the noble Lord, Lord Aberdare, for his support for the amendment.

I am very grateful to the Minister for her long and full answer which I will need to read carefully in Hansard to get the full breadth of all she outlined. I thank those who work with her for producing such a comprehensive list at this point. I will need time to look at and reflect on the length of the answer to determine whether there is enough guarantee or whether to pursue the possibility of this being in the Bill.

I wish the Minister well and hope she will have a safe and joyous delivery and much joy in her new child and family life. I beg leave to withdraw the amendment.

Amendment 90B withdrawn.

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How to change? To address these issues, the Government should extend the system of loans and means-tested grants to support adults to be able to live while in relevant education and training. This could be restricted to be available only for the loan entitlement and lifetime skills guarantee. Work would have to be undertaken to align a system of grants and loans with the benefits system so that everyone can access the support and funding they need. The amendment would oblige the Secretary of State to amend the 2011 education regulations to ensure that those claiming the lifelong learning entitlement qualify as eligible students for support under the regulations.

[The Lord Bishop of Durham [V]]

My Lords, as the right reverend Prelate the Bishop of Leeds observed at Second Reading, colleges play a vital role in providing for students with specific learning difficulties and disabilities—the term widely used in further education as being broader than the “special educational needs” used elsewhere. This amendment seeks to address the discrepancy between the range and funding available to younger students with specific learning difficulties or disabilities, principally those in school settings or specialist institutions, and those applicable to students in FE. It seeks also to harmonise best practice across the FE and HE sectors, as the noble Lord, Lord Addington, outlined a few moments ago. It connects with the earlier Amendments 41 and 43 to 46, especially the requirement to review how well the education and training provided by an institution meet the needs of those with special educational needs in its area, and with Amendment 99, which places a specific duty on the Secretary of State to this end.

According to the Association of Colleges, students with SLDD make up 17% of the overall intake—a figure that rises to 23% of 16 to 18 year-old learners. In 2019-20, local authorities placed more than 64,000 students with education, health and care plans in colleges, 90% of them in general FE colleges and the rest in special institutions. However, the current funding regime does not provide support for those students in FE who do not have EHCPs to anything like the degree required. Yet the Bill makes no specific reference to such students, nor to those with other specific learning needs or disabilities—something to which the noble Lords, Lord Addington and Lord Lingfield, have drawn particular attention during earlier debates and, indeed, on many other occasions in this House.

I know from discussion with the Minister that this is an issue the Government are fully aware of and are eager to address. The Green Paper promised for the summer will, we hope, set out in more detail and in more concrete terms how a much higher degree of priority could be given to this diverse cohort of learners in both policy and funding terms, and how that might best be reflected, if not in the Bill then as government policy develops. It would be most useful if the Minister were able to indicate how she sees progress with the Green Paper and some definite assurance of the Government’s commitment to greater equity or parity in the treatment of older students with SEN in our colleges. I would also welcome a further opportunity for discussion with her, which might also advantageously include other Members of this House with a particular concern for such an important area of post-16 provision.

[The Deputy Chairman of Committees (Lord Brougham and Vaux) (Con)]

The noble Baroness, Lady Greengross, has withdrawn, so I call the noble Lord, Lord Aberdare.

Skills and Post-16 Education Bill [HL]

Lord Bishop of Durham Excerpts

Committee stage
Thursday 15th July 2021 Lords Chamber

[The Deputy Chairman of Committees (Lord Lexden) (Con)]

My Lords, the next three speakers—the noble Lords, Lord Adonis, Lord Young of Norwood Green and Lord Liddle—have all withdrawn from the debate, so I call the right reverend Prelate the Bishop of Durham.

[The Lord Bishop of Durham [V]]

My Lords, I first need to declare my interest as chair of the National Society. I should also apologise that I was unable to take part in Second Reading because of other engagements; my noble friend the Bishop of Leeds spoke in my stead. I also need to apologise for a complete error on my part in not being available to speak to Amendment 11, to which my name was added, during day one of Committee; that was entirely an administrative error at my end.

However, I now enter into the debate on a very small matter, on Amendment 41, on which I simply want to endorse the comments made by the noble Lord, Lord Addington, about the phrase “from time to time”. The language seems too loose. The word “regularly” implies something more frequent without expressing exactly what that regularity is. Put simply, regular review that connects with potential changing local needs makes good sense. The amendment simply tightens this up.

But I want to connect Amendment 41 to Amendment 43. My local college, Bishop Auckland College, which is an excellent example of FE provision, in reviewing the support for SEN in its own context, also found itself reviewing the wider provision for the students with SEN who were coming into the college. That led it to recognise that there was a serious gap in provision locally, which has led it further to now open a campus for a school specialising in special educational needs support for those who need the provision of a specific school with all the facilities provided. That means that the local FE has now added to the provision in the area. It also means that it has developed, or is developing now, a much longer-term vision for support for these students. It will see them through their secondary education and then into the FE itself. There are potentially all sorts of long-term advantages, I believe, for some of the students in this provision.

I think that Amendment 43 makes complete sense, as the noble Lord, Lord Lingfield, has so helpfully outlined. I wish to add my support to both Amendments 41 and 43.

[Baroness Garden of Frognal (LD)]

My Lords, my role in this group is really to add support to my noble friend Lord Addington, who knows more than I ever will about special educational needs. He and the noble Lord, Lord Lingfield, are a formidable team for these amendments. Obviously, these two noble kinsmen disagree on the use of “from time to time”, but that is not as important as the fact that they call for reviews to take place on these matters.

What matters is that colleges should be fully aware of the skills, talents and opportunities, but also the limitations, of those with special educational needs. As I said previously in this debate, FE does lend itself to those with SEN because of the breadth of practical subjects that can be studied. I hope the Minister will appreciate how important it is to have those with SEN on the face of the Bill.

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

My Lords, I begin by making a general comment in expressing concern about the way in which this Government and others have sought to judge and rank higher education institutions and have directed the Office for Students to do so. I associate myself with the comments of the noble Baroness, Lady Morris of Yardley, about universities being penalised for welcoming students who have succeeded in their school and college studies despite the socioeconomic odds.

I want to add a more general concern about the ranking of institutions by the level of pay or classification of jobs that graduates attain. Education should be for life, not just for jobs. We know that there is often an inverse relationship between the levels of pay in a role and the contribution that it makes to society. An anthropology graduate who goes into community organising, say, might never earn much at all but is making a huge contribution to our society in a highly fulfilling role.

However, it is encouraging to see that the amendments all seek in some way to make judgments fairer, so they are to be welcomed. I shall go through them in turn. Speakers have already concentrated quite a lot on Amendment 63 in the name of the noble Lord, Lord Lucas, and backed by the noble Baroness, Lady Garden of Frognal. In this context, it is worth pointing to an important report from the British Psychological Society in 2019 entitled Mental Health and Wellbeing in Higher and Further Education. I should perhaps preface what I am about to say by saying that this contains some disturbing material.

At least 95 university students took their own lives in 2016-17—and while the rate of suicide is lower than in the general population, it is a serious concern for the sector—and one-third of students experience a serious psychological issue that requires professional help. Some 94% of higher education providers reported an increase in demand for counselling services. And of course that was in 2019, while all the evidence and anecdotes that we have suggest that the situation is likely to be significantly worse now. The professional report says that all higher and further education institutions should make mental health and well-being a strategic priority. I think it particularly focuses on the need to train all staff and on how to assist them in signposting to the right support. There is also an important note in the report about UCAS needing to update the application process to reduce stigma, removing the need for applicants to disclose mental health conditions as a disability.

Let us think about the practicalities of this. The report cites Student Minds research that found that many academics feel ill equipped to assist students when they encounter difficulties or are approached by them. This is a pretty obvious problem when you think about it: a PhD or postgraduate studies in physics or medieval history do not necessarily equip you to deal with situations that you might face. This has a substantive negative impact on the well-being of academics as well.

I turn to the series of amendments tabled by the noble Baroness, Lady Sherlock, although I am slightly handicapped by the fact that they have not really been properly introduced. I am not going to cover them in great detail, except to note that Amendment 65, which calls for consultation with providers over the way in which these assessments are made, is essential. The assessment needs to be embedded in real-world experience and practical possibilities of what is deliverable.

I come to Amendment 66, also in the name of the noble Baroness, Lady Sherlock, to which I have attached my name and for which the noble Baroness, Lady Morris of Yardley, expressed support. It seeks to ensure that the OfS reflects in its outputs

“differences in student characteristics, different institutions or types of institution, different subjects or courses, or any other such factor.”

I am drawing here on my experience as a school governor. Of course, in schools, we have increasingly sought to look at what value has been added, acknowledging that students start from many different starting points. That is true at all levels of our school system, but it is also very much true of our higher education sector. A university that caters particularly well to students who perhaps have not had a great experience at school or college deserves to have its successes acknowledged fairly in the assessment.

Amendment 68, also in the name of the noble Baroness, Lady Sherlock, makes the related point that it must

“ensure that the … measure of student outcomes does not jeopardize widening participation for students from disadvantaged and underrepresented groups.”

Finally, I will mention Amendment 70, also in the name of the noble Baroness, Lady Sherlock, which says that

“The OfS must work together with the devolved authorities”.


I somewhat feel that I should have a hymn-book, because I speak on this in practically every Bill that we discuss, but it is clearly in the interests of prospective students and employers that these assessments are conducted fairly.

[The Lord Bishop of Durham [V]]

My Lords, I particularly want to support Amendment 63, but also the others in the group. Just last month, in June 2021, the DfE itself published a report, Student Mental Health and Wellbeing, based on research done before the pandemic. It points out that 96% of institutions ask their students about their mental health but only 41% ask them about their general well-being. It also notes that only 52% of universities would say that they have a “dedicated strategy” for the mental health and well-being of their students. So the DfE’s own report, from last month, highlights that there is plenty of work to be done on universities having proper, dedicated strategies around mental health and well-being—particularly on the well-being side.

We know that Covid has highlighted the issues further, particularly around loneliness. Just today, the head of the OfS, Nicola Dandridge, spoke of her concern that more than half of the student population feels that their mental well-being has not been supported enough this year. I have not had time to explore her comments more fully, but it is notable that she made them today, when we are having this debate.

Well-being has to be covered by a whole range of services, and I note here the value—which you certainly cannot put into legislation—of universities having chaplaincy teams. During the pandemic, the chaplaincy team at Durham University was given an award for being the most important group of people in the university over the last few months. In the University of Sunderland, the vice-chancellor decided that the chaplaincy team should be awarded extra money so that it could do further work in the future, on the basis of how significant its input had been to student well-being during this time. So when we look at mental health and well-being, we need to look at counselling services and all sorts of other support, but it should include the work and role of chaplaincies.

I believe that the noble Lord, Lord Lucas, with the noble Baroness, Lady Garden of Frognal, has raised a really important point in suggesting that this is put in the Bill. The overall well-being of students really matters as much as their academic outcomes. This needs to be known, seen and observed. I also support the amendments, and particularly their probing nature, of the noble Baroness, Lady Sherlock, and the intent of those of the noble Lord, Lord Willetts, to look at other social outcomes. They are significant and should be in the Bill.

[Baroness Garden of Frognal (LD)]

My Lords, I have added my name to Amendment 63 in the name of the noble Lord, Lord Lucas, who is rapidly becoming my noble friend at this rate. I support all the others in this group, which are concerned with the mental health of students, well-being, student outcomes and widening participation.

Because of this Committee stage, I was sorry to miss a meeting this afternoon on lifelong learning, which was sponsored by Graeme Atherton, a brilliant champion of widening participation. He has done more than most to promote access to higher education, through such wonderful programmes as Aimhigher, which introduced so many non-typical students to university, with some inspirational results, before having its funding withdrawn—such is life.

The amendments from the noble Lord, Lord Willetts, and the noble Baroness, Lady Sherlock, bear witness to their tireless support for disadvantaged students and those suffering from poverty of family, opportunity or aspiration. Of course, the pandemic has caused additional stress for our students, who have been very badly affected in many cases by being locked up and not being able to have classes or socialise in the way that they might have expected.

I absolutely agree with the noble Baroness, Lady Morris, that universities should not be penalised if they accept young people with lower school exam results if they come from disadvantaged backgrounds, where they have actually achieved a great deal just to get the results they have. I think we should bear that in mind. Of course we have to ensure the quality of our great institutions, but, at the same time, we have to make sure that our students are properly cared for and have all the opportunities that they can.

I think this is a very worthwhile set of amendments, and I look forward to the Minister’s reply.

Queen’s Speech

Lord Bishop of Durham Excerpts

Wednesday 12th May 2021 Lords Chamber

[The Lord Bishop of Durham]

My Lords, it is a privilege to be the first to speak from these Benches on Her Majesty’s gracious Speech. I look forward to the valedictory speech of my colleague, the right reverend Prelate the Bishop of Portsmouth, who has served the House so well during his years as a Lord spiritual. I also look forward to the maiden speeches of the noble Baroness, Lady Blake, and the noble Lord, Lord Lebedev.

I make my comments within a very specific framework: are the measures contained in the gracious Speech good for the children and young people of our land? At the outset of her tenure as Children’s Commissioner, Dame Rachel de Souza commented:

“I want to see childhood right at the top of the Government agenda. That means every speech from the Prime Minister and Chancellor mentioning children, and every Government department constantly pushing to improve the lives of children”—


so it was good to hear a range of references to children. Having the best start in life by prioritising early years is essential. There is no debate any longer that the months in the womb and the first 1,001 days of a child’s life are absolutely critical to lifetime development. Much deeper investment in all aspects of early years well-being—mental, physical, social and spiritual—is essential. It was good to note reflection on building back better through all aspects of education. It is essential that this begins with children’s spiritual, social and mental well-being rather than academic achievement. The latter will follow the former. It must be truly a long-term plan, not one limited to the lifetime of this Parliament.

We welcome the plans for flexible funding within the skills and post-16 education Bill. The flourishing of the further education sector is crucial to our future. We as a Church stand for human flourishing at all levels. Therefore, this is at the core of our core educational vision:

“Deeply Christian, Serving the Common Good”.


We as a Church recognise that we must become younger and more diverse. Engaging in further education needs to be at the core of what we do. This is as much a matter of social justice as it is about skills for jobs, social mobility or greater productivity. Therefore, we are seeking to form new partnerships and to reach out on areas of common concern such as well-being, mental health, bringing communities together and the place of spirituality in further education.

We offer key themes to inform these discussions: vocation, transformation and hope. We also challenge ourselves to reimagine chaplaincy for all those in further education. Currently, we are exploring how best to fulfil this vision in partnership with colleges that share our vision and commitment to serve the needs of people of all faiths and none. We are grateful for engagement with, and are committed to, an ongoing working partnership with the Secretary of State and the Government to explore these issues together for the common good.

In further developing integrated health and social care, the needs of children, especially around mental health, disability and special educational needs, must be central. Children need properly joined-up working between all sectors. The commitment to online safety for children must be turned into reality. I hope the Government will work closely with 5Rights and others to achieve this.

The ongoing international commitment to girls’ education is very welcome. It is such a pity that it comes against the backdrop of the savage cuts in other areas of international development, which will reduce those same girls’ access to clean water, better hygiene and healthcare. The international aid budget needs to be returned to 0.7% immediately. Sadly, this was not indicated in the gracious Speech; might the Minister comment on this lack?

The charitable voluntary sector is a vital part of children’s well-being. I hope that the charities Bill will address concerns that make life for smaller charities particularly difficult.

Children must be at the heart of how we build back from the pandemic. Since the Prime Minister has committed to appointing a Cabinet-level Minister to co-ordinate the start for life initiative, might it be better if this was for children of all ages, not simply nought to five year-olds?

I finally want to touch on the New Plan for Immigration Bill. The Home Office has said it is committed to a culture that is respectful, compassionate, collaborative and courageous. No one is more deserving of this approach than children forced to seek sanctuary through no fault of their own. The Government’s New Plan for Immigration references children and young people rarely, other than in the discussion on age assessment. I trust this omission will be rectified in the Bill, given that the Home Secretary spoke of prioritising the protection of vulnerable women and children in refugee camps. There are other things we welcome in those proposals, but no child deserves a hostile start in a new home where they will be trapped in a precarious life, vulnerable to exploitation and poverty—and there are real concerns that that will happen under the current proposals.

Children need to be at the heart of every aspect of building back better. There are signs of hope; there are also signs of deep concern, including no commitment to keep the uplift in universal credit or address the two-child limit. A bigger, bolder vision for children is still needed.

Education (Guidance about Costs of School Uniforms) Bill

Lord Bishop of Durham Excerpts

2nd reading
Friday 19th March 2021 Lords Chamber

[The Lord Bishop of Durham [V]]

My Lords, I speak in my capacity as chair of the National Society, and thus lead bishop in the Church of England for education. In principle, uniform is a fantastic leveller: it can foster unity and provides an opportunity for students to worry less about the challenges of fitting in. It is therefore worrying to find that the cost of uniforms is instead causing division by highlighting disparities. Having poverty- aware uniform policies means that we can avoid worsening the disadvantages that a child in poverty is already faced with. We must return uniforms to being beneficial, which the Bill will do. The Bill has my support, as it would ensure that all families can afford uniforms.

My own region, the north-east, has the worst rates of child poverty in the country. This unacceptable poverty makes the life prospects of many children heartbreaking. Through the disproportionate struggles this region has faced, many lessons have been learned about school uniforms. There is, for example, the community school clothing scheme, established by a local woman and stocking pre-loved uniforms for over 400 schools across the region for the last four years. There is also the “Faith in our communities” initiative, which provides schools with clothing banks. We can learn from North Tyneside Council’s poverty intervention fund; its school clothing vouchers cover the costs of unbranded essentials, such as coats and shoes.

The move to avoid expensive uniforms should be balanced by ensuring that it does not result in suppliers using forced or cheap labour. It is vital that we ensure that the ethical sourcing of clothing is part of the consideration, too. Can the Minister reassure me on this point?

Following work by the Children’s Society, which I commend strongly for all its work on the Bill, many dioceses have been pushing on these very issues, especially through their academies. In the north-east, some Church of England schools are now working with Etika uniforms on supplying fairly traded school uniforms. Subsidies are provided where there is an extra cost above less ethically sourced supermarket equivalents. This is not made a requirement but is offered as an affordable and ethical option. I also want to ask the Minister about the inclusion of public-private schools, as asked by the noble Lord, Lord Bourne of Aberystwyth.

Schools should be places of opportunity. We must not allow school uniforms to mean that sending your child to school is a burden rather than a blessing to low-income families. I therefore give my wholehearted support to this Bill.

Covid-19: Educational Settings

Lord Bishop of Durham Excerpts

Thursday 7th January 2021 Lords Chamber

[Baroness Berridge (Con)]

My Lords, school staff did a sterling job of setting up testing facilities in secondary schools over the Christmas holidays. The testing will be used for staff, vulnerable children and children of critical care workers attending school. This is also part of looking forward to the reopening, for which this testing may be needed. We are looking at extending it to primary schools, and there are specific arrangements for specialist settings. I have outlined the arrangements we have made on mobile phone coverage for internet access. Also, if there is a particular problem for children with connectivity, at the moment schools can bring them in as a classified vulnerable child.

[The Lord Bishop of Durham [V]]

I declare my interests as chair of the National Society. I thank the Minister for the Statement and the commitment on the delivery of laptops and 4G to children. Some schools are reporting over two-thirds attendance today, due to children of key workers and vulnerable children. This runs counter to the policy of children staying at home as much as possible and, as such, is seen by school staff as highly risky to them. I have been in touch with a number of them just this afternoon with regard to this. What proportion of school attendance do Her Majesty’s Government think is needed to reduce schools’ role as a virus vector, and what more can be done to enable more vulnerable children to learn from home where hardware and 4G are the issue?

[Baroness Berridge (Con)]

My Lords, the position was not that there was any increased risk for staff in these settings; the closure reflected the fact that the levels in the community generally were such that we had to close schools to reduce contacts. On attendance, schools are legally obliged to offer those places, but we have seen situations in which they have worked pragmatically, adopting hub models so that they can arrange for all pupils who should have a place in the school to have one. There is no evidence that staff are more at risk. We do not anticipate a public health issue in allowing all this; the guidance—which was cleared by public health—was given to the sector so that we could allow vulnerable children and children of critical care workers into our schools.

UN Convention on the Rights of the Child

Lord Bishop of Durham Excerpts

Monday 16th November 2020 Lords Chamber

[Baroness Berridge (Con)]

My Lords, the training was one of the recommendations from 2016. I will have to write to the noble Baroness on her specific questions.

[The Lord Bishop of Durham [V]]

Regarding the voice of children and young people, if Article 12 had been in law, what might their input have been on their own situation in schools, universities and the like through the pandemic?

[Baroness Berridge (Con)]

As I outlined with regard to the UN Convention on the Rights of the Child, there are protections in domestic law, and we have protected children’s right to education. Our schools, unlike those in many countries, were open to vulnerable children during the pandemic, and I am pleased to say that 83% of children who were in contact with a social worker were in school as of 5 November. Moreover, by the time delivery is complete, over 500,000 laptops will have been delivered to enable disadvantaged and other children to access education.

Education (Exemption from School and Further Education Institutions Inspections) (England) (Amendment) Regulations 2020

Lord Bishop of Durham Excerpts

Thursday 29th October 2020 Grand Committee

[The Lord Bishop of Durham [V]]

My Lords, I declare my interests as set out in the register. In welcoming warmly this new instrument to ensure that all schools are subject to inspection in the same way, we recognise the continuing value of inspections as a whole. I want to associate myself warmly with the comments made by the noble Baroness, Lady Massey, and the noble Lord, Lord Addington. However, although we welcome this instrument, we would also welcome the further postponing of Ofsted and school inspections, including the Section 48 inspections of schools with a religious designation, throughout the pandemic period.

As we all know, these are exceptional times and there are extraordinary levels of pressure for all, meaning we must adopt a unique approach, tailored to the circumstances. I note that where schools have been exempt for a long period they could well have a heightened sense of stress about the reintroduction of inspections, simply because it is an experience they have not had for a long period.

Considering the well-being of those working in schools should be of primary importance, all the more so given that head teachers and schools are already experiencing unusually high levels of pressure due to the pandemic. This unprecedented environment of stress and difficulty for teachers must be acknowledged by the Government in the choices they make. Therefore, I urge that consideration is given to further postponement of the resumption of the inspections regime. This would communicate an apposite awareness of the circumstances schools are facing and a necessary level of care from the Government by valuing the welfare of teachers, supporting them in their work and alleviating any undue stress.

Does the Minister agree, especially at this time when there has already been so much pain, confusion and stress caused by the pandemic, that our politics must be compassionate? We must look after those educating the nation’s children by adopting a supportive approach for schools. I ask the Minister how the skills and expertise of Ofsted staff will be used to support schools known to be most in need of improvement so that, when inspections recommence, those schools are at least operating satisfactorily and with a vision that they can become outstanding themselves.

Covid-19: Catch-up Premium

Lord Bishop of Durham Excerpts

Monday 26th October 2020 Lords Chamber

[Baroness Berridge (Con)]

My Lords, the £350 million is made up of three sections: early years, 16 to 19, and two elements to the schools funding programme. As of November, we will see the first mentors entering our schools, and tuition partners will be announced as a result of the programme.

[The Lord Bishop of Durham [V]]

My Lords, I declare my interests as set out in the register. I welcome the Government’s ongoing support of pupils through the catch-up premium and encourage the Minister to continue to give attention to disadvantaged pupils, who require significantly greater support than the average pupil. Given the specific difficulties relating to digital access for remote learning, can the Minister explain why access to computers for home use appears to have been drastically reduced just as schools have been legally required to provide online learning for those who have to stay at home?

[Baroness Berridge (Con)]

My Lords, the number of laptops made available was 250,000 and it is now over 300,000, so the number has increased. Over 100,000 of those have been delivered. The allocation is now responding to the data so that disadvantaged students who do not have a laptop have access to one. However, we need to prioritise disadvantaged students who do not have a laptop, are currently not in education and who are self-isolating at home. We are responding to the data; that describes about 4% to 5% of secondary school pupils and 12% of primary. We have to get those laptops, and that is why these changes have been made to get them to pupils who need them today.

Employment: Young People

Lord Bishop of Durham Excerpts

Monday 20th July 2020 Lords Chamber

[Baroness Berridge]

My Lords, during the pandemic, the Careers & Enterprise Company, alongside teachers, has had to review its delivery strategy. Much of its training and support has therefore been delivered virtually, so we have seen virtual mock interviews and virtual CV preparation sessions. Of course, the expectation on schools is that they deliver a personal interview to students at 16 and 18, and we have advised that that should take place virtually rather than by telephone. More than 70% of schools are delivering that interview at age 16 to the majority of their students.

[The Lord Bishop of Durham [V]]

My Lords, the Social Mobility Commission recently published an apprenticeships report, which highlighted a 36% reduction in the number of apprenticeship starters who were from disadvantaged backgrounds. As we prioritise developing the skills of young people, can the Minister confirm how the new £1.6 billion funding for scaling up training and apprenticeships will be distributed across the country to ensure that areas such as the north-east with a high proportion of disadvantaged students have access to quality training?

[Baroness Berridge]

My Lords, in relation to traineeships and apprenticeships, this is the first time that the Government will be funding employers who provide trainees with work experience, at the rate of £1,000 per new trainee, up to 10 per employer. Additional funds are available for apprenticeships of £2,000 for every apprentice under the age of 25, in addition to the original £1,000 for 16 to 18 year-olds’ apprenticeships. We are encouraging all employers, including employers in the north-east, to take advantage of those schemes and provide the work opportunities that young people need.

Covid-19: Schools

Lord Bishop of Durham Excerpts

Thursday 14th May 2020 Lords Chamber

[Baroness Berridge]

My Lords, the guidance surrounding the return of schools relates to early years schools and colleges. The colleges the noble Baroness mentioned are out-of-school settings, and as many of those are community places—places of worship, et cetera—they are currently not expected to reopen on 1 June, on the basis that in such settings the rate of transmission can often not be lowered in the way it can with the hierarchies of control that can be applied in schools.

[The Lord Bishop of Durham]

I am grateful to the Minister and the Secretary of State for meeting myself and the Church of England education team earlier in the week. The longer that children are learning from home, the wider the disadvantage gap that may well be developing. Does the Minister agree that the risks of not reopening schools in a managed and phased way are actually greater than the logistical challenges presented by reopening?

[Baroness Berridge]

I am grateful to the right reverend Prelate for his assertion. We in the department are particularly aware of the risks for disadvantaged students and the attainment gap the longer that schools remain closed. I have to say that the teachers and the heads of trusts that I have spoken to are keen to reopen schools because they are particularly concerned about the learning loss for disadvantaged students and the challenges they face to re-engage them in school.