Higher Education (Industry and Regulators Committee Report)

Lord Clement-Jones Excerpts

Tuesday 21st May 2024 Grand Committee

[Lord Clement-Jones (LD)]

My Lords, it is a pleasure to follow the noble Lord, Lord Parekh. I declare an interest as chair of the council of Queen Mary University of London. I thank the noble Baroness, Lady Taylor, for her comprehensive and very fair introduction to our report. I thank her too for her excellent marshalling of our committee, with the noble Lord, Lord Hollick, and I add my thanks to our clerks and our special adviser during the inquiry.

I will speak in general terms rather than specifically about my own university. In higher education, there have been challenges aplenty to keep vice-chancellors and governing bodies awake at night: coming through the pandemic, industrial relations, cost of living rises for our students, pensions and research funding, to name but a few. But above all there are the ever-eroding unit of resource for domestic students, which was highlighted extremely effectively by the noble Lord, Lord Johnson of Marylebone, on the “Today” programme last week, and the Government’s continual policy interventions, including, above all, their seeming determination to reduce overseas student numbers.

In the face of this, I have to keep reminding myself that in 2021-22 Queen Mary University delivered a total economic benefit to the UK economy of £4.4 billion. For every pound we spent in 2021-22, we generated £7 of economic benefit. Universities are some of our great national assets. They not only are intellectual powerhouses for learning, education and social mobility, making a huge contribution to their local communities, but are inextricably linked to our national prospects for innovation and economic growth.

The committee’s report was very well received outside this House. Commentating in Wonkhe, the higher education blog—I do not know whether there are many readers of it around; I suspect there are—on the government and OfS responses to our report, its deputy editor noted:

“If you were expecting a seasonal mea culpa from either the regulator or the government … on any of these, it is safe to say that you will be disappointed”.


For him, the four standout aspects of our report were:

“the revelations about the place of students in the Office for Students … the criticism of the perceived closeness of the independent regulator to the government of the day … the school playground level approach to the Designated Quality Body question … and the less splashy but deeply concerning suggestion that OfS didn’t really understand the financial problems the sector was facing”.

As regards the DQB question, which the committee explored in some depth, the current approach being taken by the OfS is extremely opaque. We clearly need a regulatory approach to quality to align with international standards. It is clear that the quickest way to get the English system realigned with international good practice would be to reinstate the QAA—an internationally recognised agency. Most of us cannot understand what seems to be the implacable hostility of the OfS to the QAA.

It is notable that the OfS, perhaps stung by the committee’s report, has now belatedly woken up to the fragility of the sector’s financial model and the fact that the future of the overseas student intake is central to financial underpinning. In its 2023 report on the financial sustainability of HE providers, the OfS confirmed that the

“overreliance on international student recruitment is a material risk for many types of providers where a sudden decline or interruption to international fees could trigger sustainability concerns”

and

“result in some providers having to make significant changes to their operating model or face a material risk of closure”.

Advice that they need to change their funding model and diversify their revenue streams is not particularly helpful, given the options available.

The Migration Advisory Committee’s Rapid Review of the Graduate Route, published last week—which recommends retaining the graduate visa on its current terms and reports that the graduate route is achieving the objectives set for it by the Government, finding

“no evidence of any significant abuse”—

is therefore of crucial importance. There is absolutely no doubt about the importance of the work study visa to the sector and the broader UK economy. In answer to the question from the noble Lord, Lord Parekh, we want it, and I hope that the OfS will play its part in trying to persuade the Government to retain it.

The Wonkhe blog also asks the fundamental question about the Government’s response regarding the regulatory burden on higher education. I hope the Minister can tell us: do the Government think it necessary and acceptable to keep ratcheting up regulation on universities? We are going in the wrong direction. Additional resource is required to monitor and provide returns in a whole variety of areas, such as the new freedom of speech requirements.

With the extraordinary contribution that universities make to society, communities and the economy as a whole, will university regulation benefit from the proposals set out in Smarter Regulation: Delivering a Regulatory Environment for Innovation, Investment and Growth, the Government’s recent White Paper? We will discuss this in a future debate on the response to our subsequent report, Who Watches the Watchdogs? For instance, the White Paper proposes the adoption of

“a culture of world-class service”

in how regulators undertake their day-to-day activities, and the adoption by all government departments of the

“10 principles of smarter regulation”.

It says:

“All government departmental annual reports must also set out the total costs and benefits of each significant regulation introduced that year”,


and says that the Government will

“strengthen the role of the Regulatory Policy Committee and the Better Regulation Framework, improve the assessment and scrutiny of the costs of regulation, and encourage non-regulatory alternatives”.

It says:

“The government will launch a Regulators Council to improve strategic dialogue between regulators and government, alongside monitoring the effectiveness of policy and strategic guidance issued”.


Finally, it says that

“it is up to the government to better assess its regulatory agenda, to try to understand the cost of its regulation on business and society”.

What is not to like, in the context of higher education regulation? Will all this be applied to the work of the OfS?

That all said, I welcome some of the way in which the OfS, if not the Government, has responded to our report. There is an air approaching contrition, in particular regarding engagement with both students and higher education providers. I welcome the OfS reviewing its approach to student engagement, empowering the student panel to raise issues that are important to students and increasing engagement with universities and colleges to improve sector relations.

As regards the Government, a dialling down of their rhetoric continually undermining higher education, a pledge to ration ministerial directions given to the OfS, and putting university finances on a more sustainable, long-term footing would be welcome.

It is clear that continued scrutiny and evaluation— I very much liked what the noble Baroness, Lady Taylor, had to say about post-scrutiny reporting—will be essential to ensure that both government and OfS actions after their responses effectively address the underlying issues raised in our report. Sad to say, I do not think that the sector is holding its breath in the meantime.

Schools: Data, Digital and Financial Literacy

Lord Clement-Jones Excerpts

Tuesday 14th March 2023 Lords Chamber

[Lord Clement-Jones (LD)]

My Lords, given the importance of this subject and the risks that children in particular run on a daily basis with the internet, why have the Government not seized a golden opportunity in the Online Safety Bill to set minimum standards for digital and media literacy in schools and give Ofcom greater powers in terms of media literacy strategy?

[Baroness Barran (Con)]

Our Online Safety Bill goes a long way to addressing the concerns that the noble Lord rightly raises, but I should like to reassure him that some of that is also reinforced by the work that we are doing at every key stage in our schools.

Schools: Artificial Intelligence Software

Lord Clement-Jones Excerpts

Thursday 19th January 2023 Lords Chamber

[Baroness Barran (Con)]

I thank the noble Lord for his question and his reflections. The Government are already engaging with the education sector on these issues. I will meet the head of Ofqual next week. Guidance has also recently been produced for universities on this. The spirit of the noble Lord’s question, which is that we must seize this opportunity, is absolutely a key part of our focus.

[Lord Clement-Jones (LD)]

My Lords, this Question clearly concerns a very powerful new generative, probabilistic type of artificial intelligence, which we ought to encourage in terms of creativity but not of cheating or deception. Does the Question not demonstrate the limitations of the Government’s online digital and media education strategy? Why is there nothing in the Online Safety Bill on this?

[Baroness Barran (Con)]

Elements of the Online Safety Bill will touch on this, but, as the noble Lord understands very well, this is much broader than online safety. I push back hard on his assertion of a lack of ambition in the Government’s strategy. This is a central part of the Prime Minister-chaired National Science and Technology Council and is one of the top five priorities within it.

Schools: Biometric Technologies

Lord Clement-Jones Excerpts

Monday 6th June 2022 Lords Chamber

[Baroness Barran (Con)]

The Government are not softening up our children. The use of biometric data in schools requires explicit consent from both parents of a child, and the child themselves can overrule that, should they wish.

[Lord Clement-Jones (LD)]

My Lords, from what the Minister has said today, it is clear that, despite promises, no new guidance has been produced since 2018, the Government have no means of ensuring compliance with that guidance and they have very little information about the use of this technology in schools. From that, can we conclude that this Government are washing their hands of virtually any responsibility for the deployment of this technology?

[Baroness Barran (Con)]

The Government are clearly not washing their hands; there are very clear procedures which schools must follow if they want to introduce this technology and very clear procedures which must be followed if a breach takes place.

Schools: Music Education

Lord Clement-Jones Excerpts

Thursday 18th October 2018 Lords Chamber

[Lord Clement-Jones (LD)]

My Lords, it is a pleasure to follow the noble Lord, Lord Lipsey. I congratulate the noble Lord, Lord Black, for initiating this debate and setting the scene so comprehensively and well. I suspect that many of us in this debate will all be singing the same song.

I am an avid supporter of music, musicians and the music industry. I will start my speech by quoting Darren Henley, the chief executive of Arts Council England who, incidentally, wrote an extremely valuable report a few years ago on music education. He wrote in a recent article:

“It should go without saying that art and design, dance, drama, music and other creative subjects should be an important part of every child’s school curriculum. We must never underestimate the value of the knowledge, skills and experiences that these subjects introduce into children’s lives. They also bring an added bonus with them in the way in which studying these subjects enable the next generation to enrich our society as a whole”.


It seems to me that that set of phrases really sums up why we are taking part in this debate today.

Nevertheless, as both of our previous speakers have already shown, we hear that music teaching, alongside other arts subjects, is in decline. I am not going to repeat the statistics mentioned by the noble Lord, Lord Black, about the decline in the number of music teachers in secondary schools, the decline in the number of teaching hours for music or the decline in the GCSEs taken in music between 2010 and 2017. All of that is on the record, and they are the official figures. The noble Lord, Lord Black, also mentioned the drop in A-levels, which no doubt is a consequence of the GCSE drop.

In 2010, the EBacc, which has already been mentioned, was introduced and it excluded creative subjects such as music. A total of 59.7% of state schools say that it had a negative impact on music provision and uptake, according to a study conducted by the University of Sussex. Provision of music GCSE in a school creates the culture for a school to embrace music and provides talent and equipment in-house to allow many forms of music-making to emerge and be supported.

To his credit, the Prince of Wales attended a conference last month, run by Children & the Arts at the Royal Albert Hall. Its message was that we must not let the arts become the preserve of children at private schools, which have better facilities and more teachers to run activities such as orchestras and drama productions. I suspect that that is going to be a theme throughout this debate as well. Children in the state school sector should have the chance to learn an instrument just as their better-off peers do. Reduced access to music in state education is leading to an inequality of opportunity and a lack of diversity. Music has a key role to play in enabling social mobility. There is evidence to suggest that children who are engaged in education through music—as is the case with other subjects such as drama and sport—do better at their maths and English.

Moreover, an artificial distinction is being made between science and creative subjects. Talents and skills in the arts are fundamental to the UK’s future success. It is true for our creative industries: much of the continuing boom in UK television and film production is attributed to the skills and talent base for which we are internationally admired. We simply cannot afford to lose this, and we need to ensure that our education system supports the sector and that a good range of relevant creative subjects are taught in schools.

However, this is also true for the tech industries. In our Select Committee report AI in the UK: Ready, Willing and Able? published last April, the House of Lords Select Committee on AI concluded, after receiving convincing evidence from AI developers and others, that creative skills were as important to our future as maths and science. As the Creative Industries Federation said in its paper three years ago on the creative education agenda,

“Science and arts are not an either/or”.

For its own sake, too, music, which is so important to us all culturally, must not become a neglected sideline within the 21st century education system. The music industry is a £1 billion industry that is vital to the UK. As the noble Lord, Lord Black, said, unless this decline is reversed, the talent pipeline that we hope will produce the next generation of stars to follow Adele, Ed Sheeran and Stormzy will suffer a major blow.

Here are a few suggestions for action by the Government. First, we have seen the target of 90% for EBacc subjects pushed back, but let us drop it altogether. The EBacc should not be the headline assessment measure for schools, but used as part of progress and Attainment 8. With the 90% EBacc target in prospect, secondary schools will choose to focus on EBacc subjects as the safest way to ensure that they meet multiple accountability targets.

Secondly, we should limit “Outstanding” to schools that warrant it. Schools should not be outstanding without decent music provision. I very much welcome what the Chief Inspector of Schools, Amanda Spielman, said last week: in assessing quality, Ofsted would focus on the curriculum taught within a school, rewarding those that offer pupils a broad range of subjects.

Thirdly, we need a proper assessment of the skills that we need for the future. The Department for Education should conduct a proper audit of the skills and education needed as part of the industrial strategy.

Fourthly, we need to adopt proper careers advice. I look forward to the work that the Creative Industries Federation will be doing as part of the creative industries sector deal, which has pledged to,

“increase the supply and diversity of skills and talent in the creative industries”,

in at least 2,000 schools and among 600,000 pupils in two years. Needless to say, the Government should be thinking about reaching all schools after that.

Fifthly, the Government committed £75 million annually and directly to music education hubs to deliver on the national plan for music education to provide music services for children and young people. There is, however, no clear plan in place for them after 2020.

Clearly, there are many other aspects that need to be dealt with. Music technology, for instance, is a very important part of what should be in the national plan and introduced by the hubs. We have the examination boards that rely on the talent available from GCSEs and A-levels and those who wish to take those grades. I remember taking my grade 3 trumpet—that seemed like a great triumph at the time for someone with my musical talent. I hope that we shall hear a great deal more from Members of this House about the importance of music, and I also very much hope that the Minister will respond positively to what he hears today.

Education: A-levels in Creative Subjects

Lord Clement-Jones Excerpts

Thursday 3rd November 2016 Lords Chamber

[Lord Clement-Jones (LD)]

My Lords, I applaud my noble friend Lady Brinton for initiating this important debate, and I make no apology for covering similar ground to noble Lords who have already spoken.

The dropping by AQA of the history of art A-level forms an important part of the worrying context of the debate today. AQA said in its briefing that, although it recognises the huge importance of the study of the history of art, in the process of developing and obtaining accreditation for its new A and AS-levels in history of art, it had concluded that the new qualifications, developed from the Government’s criteria, would be extremely challenging to mark as a result of the large number and specialist nature of the options creating major risks when it came to awarding grades safely. I interpret this to mean that AQA’s decision to drop history of art A-level was partly based on the fact that there were insufficient experienced examiners. This rightly had the Sunday Times art critic Waldemar Januszczak choking on his carpaccio.

The second reason appears to be the low number of students taking the subject. As AQA said, these issues are exacerbated in the context of very low student entry numbers for these key stage 5 qualifications. Why is that? As my noble friend said, since the introduction of the English baccalaureate, we have seen a decline in the take-up of creative subjects. I shall add only one fact and figure to my noble friend’s dismal facts and figures: 21% fewer arts GCSEs were taken in 2016 compared to 2010. The provision of creative subjects has fallen most significantly in schools with a higher proportion of pupils on free school meals. It is clear that despite assurances by successive Secretaries of State for Education, the introduction of the English baccalaureate has sent a clear message to schools, teachers, parents and students about which subjects are seen as of value. For the sake of completeness, I should add that AQA is adamant that this decision is not driven by commercial or financial factors.

There is great concern at the decision to drop this A-level. The Association of Art Historians has commented:

“The decision to withdraw History of Art at Key Stage 5 marks a considerable loss to young people’s access to—and understanding of—a range of different cultures, artefacts and ideas”.

It also said that the symbolic space,

“the subject occupies within the school system is also fundamental in developing awareness of art history at undergraduate level and beyond”.

It is that “beyond” that creative industry leaders, in all disciplines, are worried about. These industries are grappling with some real issues, particularly skills gaps and shortages. For example, several creative occupations are currently featured in the tier 2 Migration Advisory Committee’s shortage occupation list, which is for non-EEA recruits. One can only imagine how this will look if there is a hard Brexit. Universities specialising in creative industries are keen to recruit their students from the widest pool possible, because talent and skills in these industries are at a premium.

There can be no argument about the importance of our creative industries. They are celebrated for outstanding economic performance in addition to their contribution to the UK’s culture and soft power. The Prime Minister herself has recognised our creative industries are a key strategic sector. For example, the success of UK television and film production, highlighted in official government figures last week as one of the,

“best performing sectors of the UK economy”,

which has helped to,

“maintain growth in a time of post-Brexit vote uncertainty”,

is attributed not only to the tax breaks that the sector enjoys but to the skills and talent base for which it is internationally admired. We simply cannot afford to lose this.

We need therefore to ensure that our education system supports the sector and that a good range of relevant creative subjects are taught in schools. As the Creative Industries Federation’s recent paper on the possible impact of Brexit, mentioned by other noble Lords, points out:

“Long-standing skills shortages in the creative industries stem from inadequate training and provision at schools … Brexit will compound this problem … It is crucial that education and training policy is formulated with a proper understanding of the needs of industry”.

How will the creative industries flourish if creative subjects are elbowed out of the curriculum? These subjects are opening horizons and signposting to possible careers. They can accelerate learning, attainment and success in students following a more traditional academic structure—including the so-called sought-after STEM subjects. My noble friend referred to the Creative Industries Federation’s other paper last month on the creative education agenda, which recommended four matters to the Government. It has done us a service with those recommendations. First, it says:

“Drop the 90 per cent target … The EBacc should not be the headline assessment measure for schools, but used as part of Progress and Attainment 8”.

Head teachers would be able to offer creative subjects as part of a balanced curriculum and it would send a clear message that the wide variety of skills and knowledge that they represent are important to our economy and our society. Secondly:

“Limit ‘outstanding’ to schools that warrant it”,

a point made, I think, by the noble Baroness, Lady Nye, and my noble friend. It goes on:

“A school must teach at least one creative subject, in lesson time, in order to be eligible for an ‘outstanding’ rating”.

Thirdly:

“Audit the skills gap … The Department for Education should conduct a proper audit of the skills and education needed by the creative industries as part of an industrial strategy”.

Fourthly, and finally:

“Adopt proper careers advice … The Government should work with industry to launch a sustained national campaign demonstrating the range of jobs in the creative industries and the subjects that lead to them”.

These are all sensible proposals and should be adopted. I look forward to the Minister’s reply.

Queen’s Speech

Lord Clement-Jones Excerpts

Thursday 19th May 2016 Lords Chamber

[Lord Clement-Jones (LD)]

My Lords, I am pleased today that the noble Baroness, Lady Neville-Rolfe, is responding to the debate, as I want to focus on the tech and creative industries, which are increasingly interdependent and important to us. I welcome the new cross-departmental role that the Minister herself plays, across both the DCMS and BIS. The Minister is a champion of intellectual property. She also recognises the massive adverse impact that Brexit would have on the tech and creative industries, including our software industry. I so much agree with my noble friend Lady Bonham-Carter in her rallying cry on the dangers of Brexit, and indeed with my noble friend Lord Foster. This is, of course, particularly in respect of the digital single market, but many other issues impact on the future prosperity of these industries.

I share the concern of my noble friends and the noble Lord, Lord Fowler, that the Government need to go much further in allaying our fears for the BBC’s future. As the Minister heard during last week’s Statement on the White Paper, we believe that the BBC’s independence will be eroded by having direct government appointees on the new unitary board: chairman, vice-chairman and four other members of the board. Given the Culture Secretary’s form on appointments to the board of the National Portrait Gallery, we have little confidence on this side of the House in his impartiality.

We also have the inclusion of “distinctive” in the BBC’s remit. Once created, does a programme have to remain distinctive for ever? What is the correct level of risk-taking and innovation? All this will be judged by Ofcom, with some rather sinister government guidance in the background, as on page 55 of the White Paper:

“The government will provide guidance to the regulator on content requirements and performance metrics to set clear policy parameters for the creation of this new regime”.

This spells future trouble, as my noble friends and the noble Lord, Lord Fowler, pointed out, and could lay the ground for reasons to deprive the BBC of the licence fee. The Government are warned: we will scrutinise the charter extremely carefully when it appears and we will demand a vote on it. Despite Channel 4’s continuing success as a public service broadcaster, we see from its recent annual report that there is still uncertainty about its future, with the Secretary of State seemingly keen on at least part-privatising it with no benefit to the public. These two institutions are vital pillars of the creative industries and we must not put them at risk.

Then we have the new digital economy Bill, the rollout of so-called high-speed broadband and the universal service obligation. Let us be clear: the USO will not be superfast or a minimum of 25 megabits per second. Instead, it will be a miserable 10 megabits per second, when the average in the UK is already 29 megabits per second. This is a huge disappointment, particularly to rural households and businesses. The Government should be far more ambitious. Superfast broadband of at least 25 megabits per second is a utility. It should be universal and the Government should invest in it. There will be long-anticipated proposals to clarify and improve the electronic communications code to ensure we have the infrastructure that the UK needs. The ECC and planning rules must now, at the very least, ensure improved access for operators to BT’s ducts and poles.

A range of IP issues will be covered in this Session—not only in the Intellectual Property (Unjustified Threats) Bill, as part of the new digital economy Bill will cover that. The Government will make changes to the penalties for online copyright infringement. I welcome that in principle but look forward to debating the details of the definitions in both cases. I also welcome the provisions in the Bill which, it seems, will result in improvements for small businesses in protecting their design rights after the Trunki case. I welcome the IPO’s recent strategy paper on IP enforcement, especially the section on strengthening the legal framework. But how will this be put into practice? Will the digital economy Bill enshrine the necessary backstop powers, as my noble friend Lord Foster mentioned, to ensure that platforms take proper responsibility for preventing piracy if voluntary persuasion does not work? Will it contain provisions against illegal streaming? What is clear from the paper is that the EU IP enforcement directive will be of real benefit to UK IP creators. I hope that the Minister will be arguing for a pan-European enforcement agency at the same time as for the retention of vital territorial licensing.

Finally, a word on finance for the tech and creative industries. Where is the funding for scale-up, follow-on and growth? Where is the understanding that IP can be used as collateral? The Business Growth Fund backed by the major banks is a good start, and I commend the London Stock Exchange’s ELITE programme. However, we still have a gap in the market. We need to ensure that companies can put long-term skilled jobs on their payroll. What are BIS and the Treasury doing to ensure this? There is great concern that changes made in the Finance (No. 2) Act 2015 have significantly restricted the number and range of companies that venture capital trusts can invest in. Can the Minister assure us that the Treasury and BIS are going to amend the rules to ensure the availability of growth finance?

The agenda in these sectors is huge and often underplayed. I could mention digital skills and arts education. I could mention the sore need to deregulate commercial radio. I could bemoan the Home Office legislation which is oppressively restricting that mainstay of street artistic life: busking. I could expand on how artists are being driven out of much-needed studio space by rising property prices. I could inquire what has happened to the secondary ticketing review, which is of great importance to live music. I could even argue with the arts White Paper. Like my noble friend Lord Foster, I am gravely disappointed that there appears to be no intention to lower the stakes on FOBTs or even hold a triennial review of stakes and prizes. I hope that the Minister will be able to give a comprehensive reply to all our questions in this respect.

Education and Training: People with Hidden Disabilities

Lord Clement-Jones Excerpts

Thursday 28th June 2012 Lords Chamber

[Lord Clement-Jones]

My Lords, I join other noble Lords in congratulating my noble friend Lord Addington on initiating this debate. Like them, I commend him on his consistency and persistency on these topics over many years. I must first of all declare an interest as the honorary president of Ambitious about Autism, the national charity for children and young people with autism, and I also declare a family interest in dyspraxia.

We have made some progress on the education of children on the autistic spectrum over a period of years, both under the previous Government and under this. I pay tribute to the two current Ministers who have shown an interest in this subject: my honourable friend Sarah Teather and my noble friend Lord Hill, who is to reply today. I will use this important debate to highlight the situation faced by young people with autism at a slightly older age and to suggest some solutions that might improve their ability to access education, training and employment. In view of the superb contributions that have been made in the debate, I will inevitably echo quite a large part of what other noble Lords have said.

What stops young people with autism accessing education and training? Ambitious about Autism research shows that 51% of Britain’s schoolteachers have never received training to help them support children with autism. The noble Lord, Lord Touhig, referred to exclusion. Children with SEN are currently disproportionately likely to be excluded from school as a result of this lack of skills and understanding in their teachers. Responding to our research, 43% of parents reported that their child with autism had been formally excluded within the previous 12 months, and 55% of parents said that their child with autism had experienced an illegal exclusion of the type mentioned by the noble Lord in which parents are called in the middle of the school day and told to take their child home. Department for Education statistics show that 27% of children with SEN are excluded from school a year, which is eight times the rate of children who do not have SEN. Exclusions have an obviously damaging effect on pupils’ educational progress and attainment. They also put pressure on parents. Many parents have said that their child’s exclusion had a detrimental effect on their employment and therefore on their family finances.

Beyond the problems surrounding exclusion, the current lack of teacher training in autism means that young people with autism are often in a classroom without any teaching staff who understand their needs. Quality of teaching is very important in ensuring that pupils with autism are appropriately recognised and supported and go on to reach their potential. Just one in four young people with autism continues their education beyond school. This is in part due to a lack of suitable provision, which my noble friend Lady Walmsley mentioned, poor funding structures and a workforce that requires additional support and training to support learners with autism. However, we know that young people with autism want to access employment and training, and we also know that they need the right support in order to do so. While there is a dearth of education and training available, young people with autism have very limited options.

A host of reports from recent years provided evidence that the transition to adulthood for young people with autism and other disabilities is poor and that there is a serious lack of educational opportunities for this group. Ofsted states that,

“the real choice of education and training opportunities at 16 was limited for many young people with learning difficulties and/or disabilities. Inspectors found few courses available for young people with the lowest levels of attainment”.

What impact does this have? The social impact of unemployment for young people with autism is huge. Not continuing in education or training beyond school leads to a loss of potential for young people and society. Disabled young people are 2.5 times more likely not to be in education, employment or training than their non-disabled peers, which is a direct result of failure to access appropriate education or training. Many young people with autism have very limited choices when they finish school. Often their only options are to stay at home with their parents or go to a residential care home, often with people twice their age. Failure to provide opportunities for education and training that will lead to employment denies young people with autism the right to fulfil their potential and contribute to society.

In addition to social costs, failure to provide for young people with autism leads to higher long-term financial costs. The National Audit Office found that £1 million per person could be saved by supporting young people with learning difficulties to gain the skills to live more independently. It also found that supporting a disabled young person to access work reduces lifetime costs to the public purse by £170,000.

So what is the solution? First, we need training for all school staff in autism and an awareness of other special educational needs and disabilities. I accept what the noble Lord, Lord Ramsbotham, said about bringing all of this together. This could include compulsory SEN training and a core autism module in initial teacher training. It is important that it is not just teachers who are included but also teaching assistants and supervisory staff such as mealtime supervisors.

Secondly, a school admissions code that ensures schools and admissions authorities are obliged to place children with autism in suitable schools is essential. We must guarantee an excellent education for all children and young people with autism. It is essential that schools have fair exclusions policies that ensure exclusions do not occur as a result of an unmet special educational need.

Thirdly, we need to ensure that government initiatives such as the Youth Contract are accessible to young people with autism and other disabilities, as a number of noble Lords said. Can the Government explain how they will make the Youth Contract fully accessible to disabled young people? Can they confirm that Access to Work funds will be available for young disabled people doing internships and volunteering placements?

Raising the participation age to 18 is welcome, but it appears little thought has been given to what this might mean for young disabled people, many of whom are not in employment, education or training—not through choice but through a lack of suitable provision. The raising of the participation age will help young people only if it coincides with the development of more and better educational provision. Have the Government committed the extra funding that is needed to meet the additional needs of young disabled people who are currently not participating? How have they calculated the level of this need? The funding must take account of all additional needs, not just those of young people with statements of SEN.

As part of Finished at School, Ambitious about Autism made a number of recommendations to improve post-16 education for learners with autism. I welcome the fact that one of those recommendations—a legal right to educational support for young disabled people up to the age of 25—has been adopted by the Government. I hope that, accompanying this, there will be a funding system that will give young people and families more information, choice and support, a cross-government focus on outcomes and destinations for young disabled people and a further education workforce with the skills to support young people with autism to achieve their ambitions.

It is not, however, all about government action. Ambitious about Autism, my own organisation, has launched a new strategy to create more and better services beyond school age. As part of the strategy, the charity is developing and launching new services to enable young people with autism leaving school to continue to learn so that they can transition to living and working as part of their home community. Its aim is to establish a new community-based college that is a partnership between specialist and mainstream provision.

Lastly, I have a few points on education, training and employment for people with Asperger’s syndrome—high-functioning autism—as well as others on the autistic spectrum. As the National Autistic Society says, while there are similarities with autism, people with Asperger’s syndrome have fewer problems with speaking and are often of average or above-average intelligence. They do not usually have the accompanying learning disabilities associated with autism but they may have specific learning difficulties. These may include dyslexia and dyspraxia, or other conditions such as attention deficit hyperactivity disorder or epilepsy. With the right support and encouragement, people with Asperger’s syndrome can lead full and independent lives.

People with autism, including Asperger’s syndrome and high-functioning autism, often have much to offer employers. With the right support, they can contribute fully to the workplace. In a study carried out by Research Autism in 2008 for NAS Prospects (London) on the experiences of employing people with autism, seven in 10 employers questioned had had a positive experience of employing someone with autism and said they would recommend it to others.

The NAS has launched its Undiscovered Workforce campaign, which works at a national level with Ministers, employers and others, and at a local level with campaigners, MPs, local businesses, universities and individuals. I commend that campaign. I also very much welcome the particular interest shown by my noble friend Lord Freud in his capacity as Welfare Reform Minister—this was mentioned by the noble Baroness, Lady Browning—and the interest shown in employment issues by my honourable friend John Hayes, the Employment Minister in BIS. The NAS seeks to increase the availability of specialist employment support for those seeking work and those already in work to transform attitudes and increase opportunities for people across the autistic spectrum to fulfil their ambitions in the workplace.

Therefore, will the Government pull all these aspects together through their disability strategy, the Youth Contract and the forthcoming children and families Bill—which has also been mentioned in this debate—to make sure that young people with autism and others with special educational needs are appropriately supported to enter further education, higher education, training, apprenticeships and employment? I look forward to hearing what the Minister has to say.

Children: Early Intervention

Lord Clement-Jones Excerpts

Thursday 17th March 2011 Lords Chamber

[Lord Clement-Jones]

My Lords, I, too, congratulate my noble friend Lady Walmsley on initiating this debate and on her wide-ranging and extraordinarily knowledgeable introductory speech. I also congratulate our two maiden speakers, who will clearly bring enormous wisdom and experience to this House on the topics that we are debating. I declare an interest as president of Ambitious about Autism, the national charity for children and young people with autism, which through TreeHouse School provides specialist education. As so many speakers in today’s debate have emphasised, early intervention is key to securing the best possible outcomes for children with special educational needs, particularly those who have autism.

Last October, the noble Baroness, Lady Warnock, instituted a debate on special educational needs. Throughout many speeches in that debate, including my own, ran the common theme of the need for early intervention, which was also called for in the very first manifesto of the All Party Parliamentary Group on Autism, of which I was vice-chairman, in 2003. But still, even now, too many children with autism are not getting diagnosed early enough. Early intervention can result in huge financial savings for society over the course of an individual's life.

The aggregate cost of supporting adults with autism in the UK is £27.5 billion annually. Some 85 per cent of adults with autism currently are not able to access the workplace and 90 per cent are dependent on their families or the state. Early intervention is particularly crucial in education. Children with special educational needs are eight times more likely to be excluded from school than their peers. The cost of failed education placements, which end in exclusion, pupil referral units, expensive specialist provision and even more expensive residential placements, is substantial. The cost of educating a pupil in a specialist school is four times that of a mainstream school. The evidence from parents and professionals is that getting the right level of support early on in school prevents the need for this expensive exclusion route.

The most effective interventions for children with autism focus on helping them to manage their behaviour, develop communication and social skills, and “learn to learn”. A recent review of research has identified a number of approaches that can result in improvements in communication skills, behaviour and social functioning. In particular, intensive behavioural interventions, such as the applied behaviour analysis that is used at TreeHouse School, have been widely evaluated and shown to be effective. There is clear evidence to support the use of ABA.

Other countries have shown a much stronger appetite for trialling early intervention approaches, but Birmingham City Council—which is Conservative-Liberal Democrat controlled—is currently trialling four interventions. The council is spending £41.7 million on early intervention programmes over 10 years in the belief that the investment will save it around £102 million over 15 years. Projects such as this are essential if we want to ensure positive outcomes for a whole range of children while delivering substantial savings. We also need to incentivise local authorities to provide appropriate support soon after a child’s needs have been identified, rather than allow costs to escalate through exclusion to more expensive provision. This would create better outcomes for children and families and a more cost-effective solution for local authorities.

We have talked about cost but, above all, a failure to identify autism and other special educational needs early on forms a barrier to delivering effective interventions. Without timely diagnosis, it is difficult for professionals to decide on appropriate intervention. There should be screening checks for SEN built in to children’s early years. There is also a lack of understanding of autism in the early years workforce, whether in health, social care or education. A host of government and independent inquiries, including that by Brian Lamb, have recommended improved training as key to identifying additional needs early and building the skills base to meet those needs.

Much of what I have proposed is reflected in the very welcome new coalition Government SEN Green Paper, Support and aspiration: A new approach to special educational needs and disability, which has been referred to in the debate. The Green Paper makes the case for early intervention and support far better than I can, so I congratulate my honourable friend Sarah Teather both on the care with which the paper has been prepared and on its content. In particular, the paper recognises that,

“identifying children’s support needs early is vital if they are to thrive, and enables parents and professionals to put the right approach in place quickly”.

That supports the findings from Graham Allen’s review, which has also been mentioned by other noble Lords, which concluded that early intervention creates benefits for wider society as well as the individual child and family.

Having seen the experience of so many parents faced with adversarial SEN tribunals, I particularly welcome the proposal that children and young people who would currently have a statement of SEN or learning difficulty assessment will, by 2014, have a single assessment process and an education, health and care plan for their support from birth to the age of 25. I also very much welcome the fact that the new plan will afford parents the same statutory protection as the statement of SEN, and that the Government will explore how to use the voluntary and community sector to introduce much-needed independence to the process.

There are many other positive things I could say about the Green Paper, but some questions arise from it which I hope will be answered by the Minister. Will the education, health and care plan be based on a strong legal right for families to access early support? Furthermore, what will the funding and training mechanisms be to allow early years professionals and health workers to identify needs earlier? I look forward to the Minister’s reply.

Education: Special Educational Needs

Lord Clement-Jones Excerpts

Thursday 21st October 2010 Lords Chamber

[Lord Clement-Jones]

My Lords, I join others in congratulating the noble Baroness, Lady Warnock, on initiating this debate. She always speaks with huge authority and lucidity and, over the years, she has been tenacious in her focus on SEN provision. I also congratulate the noble Lord, Lord Stevenson, on an excellent maiden speech.

It is impossible to tackle all the issues that are set out in the review and I dare say that noble Lords are taking slices of the report as we go along. I speak from the perspective of a former chair of TreeHouse, the autism education charity, and a former vice-chairman of the All-Party Group on Autism, so I shall concentrate on that area. It is clear that outcomes for children and young people with autism are currently very poor. Recent research suggests that only 15 per cent of adults with autism are in paid employment, while 90 per cent are living either with their parents or other family carers or in residential care.

Today, I want briefly to concentrate on the assessment and statementing process, particularly as we know that the Government will be producing—later this year, I hope—a Green Paper on SEN that will encompass statementing and assessment. Progress has been made in a number of significant ways since the All-Party Group on Autism published its manifesto in 2003, and I appreciate the previous Government’s efforts in that respect. However, in its manifesto, the all-party group set a modest target of all children with autism being diagnosed by the age of five, which certainly has not yet been achieved. We need to do more, and I hope that this Government—my Government—will.

Assessment and statementing are emotionally difficult; in my experience, this is a difficult time for parents, particularly in relation to the profoundly autistic. The paradox is that, although the condition may be more obvious, local authorities often drag their heels because of the sheer costs involved in sending children on the autistic spectrum to special schools. As has been noted, Ofsted was critical in its report of the ponderous mechanism for assessments and issuing statements. It said that in some areas it was well done and that that led to better outcomes, but that in general assessments were inconsistent, which led to confusion and a sense of unfairness among parents. Sometimes children were prevented from accessing specialist education provision unless they had a medical diagnosis. It said that the quality of assessment should be improved. I hope that in the Green Paper, the Government will take that on board.

We know that early intervention is vital to enable children with autism to fulfil their potential. In practical terms, this means getting an assessment of need as soon as difficulties arise and then providing support without delay to help children overcome or manage some of the core challenges associated with autism. Too many children with autism are not getting diagnosed early enough. TreeHouse research has found that the average age of diagnosis is six years and seven months, when diagnosis should be possible at 18 months. Ofsted recommended that any further changes to improve the system of assessment should focus on quality and improving outcomes. It also recommended that a common system of assessment should be used across different services, and I listened with great interest to what the noble Baroness, Lady Ritchie, had to say. In 2007, the Children, Schools and Families Select Committee recommended that different service models should be piloted to test the separation between assessment and funding so that a full and frank assessment of the child’s needs could be made independently of budgetary decisions. The noble Baroness, Lady Warnock, referred to this. It should lead to earlier and more accurate assessments of need and a support package quickly following the assessment. This was then recommended by the Lamb inquiry.

What happens now? Do we wait for the Green Paper before proceeding with that implementation or will an implementation strategy for the Lamb inquiry recommendations proceed apace? Ofsted also suggested that incentivising local authorities to provide appropriate support as soon as a child’s needs have been identified, rather than allowing costs to escalate through exclusion to more expensive provision, would create better outcomes for children and families and would be a more cost-effective solution for local authorities.

At the end of the day on this topic, parents whom I have talked to have said that the worst experience is having to go through the special needs tribunals—the SENDIST process. I hope the Green Paper will address the procedures used in those tribunals and the way they operate.

Finally, we also have to reflect the concerns of organisations in the autism community at the higher end of the spectrum, particularly about school reforms and SEN. The Academies Act 2010 represents a major change in state education, and it is important that children with autism and other SEN conditions do not lose out. The Act makes it easier for schools to gain academy status and allows the setting up of free schools. Schools with academy status enjoy less regulation in areas such as exclusions and admissions. They will also receive a central-spend equivalent grant in lieu of services, including for children with SEN, that are no longer provided by the local authority. We need to be very clear about where responsibilities and budgets lie. Is it the Secretary of State who is now accountable to Parliament for ensuring that academies fully meet the needs of children with SEN? In academies set up under the previous Government, exclusion levels were twice as high as in other state secondary schools. We must ensure that exclusion levels for children with SEN do not increase through the new academies programme.

I look forward to the Minister’s reply and to the Green Paper to come.