Legislative Reform (Annual Review of Local Authorities) Order 2012
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Education (Amendment of the Curriculum Requirements for Fourth Key Stage) (England) Order 2012
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Office of Qualifications and Examinations Regulation (Determination of Turnover for Monetary Penalties) Order 2012
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Lord Hill of Oareford
That the draft order laid before the House on 15 May be approved.
Relevant document: 2nd Report from the Joint Committee on Statutory Instruments, considered in Grand Committee on 25 June.
Education and Training: People with Hidden Disabilities
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The Parliamentary Under-Secretary of State for Schools (Lord Hill of Oareford)
My Lords, I would congratulate my noble friend Lord Addington but I think he has had enough praise already this afternoon. He spoke, as I knew he would, with a great deal of knowledge. We all know the passion that he brings to the subject. I was grateful to him for doing so, and to my noble friends Lady Browning and Lord Clement-Jones, and the noble Lord, Lord Touhig, who spoke with equal authority about autism. The noble and learned Lord, Lord Morris of Aberavon, brought up the subject of diabetes, which I thought broadened the debate in an interesting way. The noble Lord, Lord Ramsbotham, spoke about speech and language difficulties, which is another manifestation of some of these issues that we are seeking to find solutions to.
As well as being a good debate, it is a timely one because, as noble Lords have said, the Government are introducing their children and families Bill, which in a way, I hope, sets the framework for much of what we have discussed this afternoon and how we hope to be able to improve things in future, because that Bill seeks to put into legislation a new framework for the education and training of disabled children, young people and those with special educational needs. The whole purpose of that new approach is to seek to promote better and earlier identification of children’s needs—one of the recurring themes this afternoon—and a better transition from school to further education, higher education, adulthood and the world of work, which I think is one of the other recurring themes of this afternoon.
To my noble friend Lord Addington, who was keen that I should muffle some bells, I think was his phrase, I would say—I am sure he knows this—that the purpose of these reforms is not reclassification or trying to knock people off lists but about trying to bring together what has been too disparate a range of provisions into a simpler and more coherent whole.
Perhaps I may set out our overall policy direction, bring your Lordships up to date with the latest position in some key areas, and then try to respond to the main points put to me. We have heard a number of facts this afternoon. It is the case that there are some 220,000 children with statements of special educational needs. Last year, there were more than 165,000 young people aged between 16 and 18 with a self-declared learning difficulty or disability studying in mainstream further education colleges. We know that these children are less likely to achieve well at school and are four times less likely to participate in higher education. At 16 or 17, young people with learning difficulties and/or disabilities are almost twice as likely as their peers not to be in education, employment or training. Those figures and others that we have heard this afternoon powerfully underline the case for reform.
As we have been reminded, under the current system, needs are often picked up late, families too often have to battle to find out what support is available, teachers and lecturers feel hampered by bureaucracy and lack the skills and confidence to meet those needs; and young people over 16 with SEN have weaker entitlements to support in colleges than if they had stayed at school, and lack clear routes into independent living and work. I think there is broad agreement that the system needs to change and that the objectives of the Government’s reforms are the right ones. I welcome the support given by the noble Lord, Lord Touhig, and the noble Baroness, Lady Jones of Whitchurch, in that respect. I accept her point that there are practical issues that we will need to work through. However, the direction of travel has broad endorsement.
Put simply, our goal in these reforms is that from 2014 we will have a better integrated assessment process that is more streamlined and better involves children, young people and parents. There would be a single education, health and care plan for children and young people with statements or learning difficulty assessments for post-16 education in the current system. This would help to deal with the important point raised by my noble friend Lady Browning and others about the current cut-off at 16 and the problem that brings. The proposals will include an offer of a personal budget, for those who want it, to give families greater control over the services they use. The plans will give parents the right to express a preference for any state-funded school, including academies, or college. There will be a requirement that local authorities publish a local offer of services for disabled children and young people, and those with special educational needs. We will also introduce statutory protections comparable to those currently associated with a statement of SEN for 16 to 25 year-olds in further education, with access to routes of appeal.
In order to prepare the ground for the new system, as the noble Baroness, Lady Jones of Whitchurch, said, we have set up 20 pathfinders, covering 31 local authority areas and their health service partners. These pathfinders are testing out many of the proposals set out in the Green Paper, such as education, health and care plans and the local offer. I listened to the points made by the noble Baroness about some of the practical concerns, and I agree that my department will need to reflect on them and take them into account as the proposals are taken forward. We will publish an interim report later in the autumn, and we will work with a range of different services to take the lessons on board.
We are also keen to make progress with the Bill in order to get the new system in place. We plan to publish draft SEN clauses for the proposed children and families Bill in the first week of September. A period of consultation and pre-legislative scrutiny will follow before the Bill is introduced to Parliament in spring 2013. That will provide an opportunity to pick up on some of these practical issues. Subject to the approval of Parliament, we hope that the Bill will gain Royal Assent in spring 2014.
One of the recurring themes this afternoon has been the importance of early identification. Here we are taking action on a number of fronts. We are, for example, recruiting and training an additional 4,200 health visitors by 2015, and identifying whether a child is disabled or may have SEN is a core part of the training for those health visitors. When parents have concerns about their child’s development and learning, they will be offered additional support and, where appropriate, referred to another health professional such as a speech and language therapist or a paediatrician.
We are also working to bring together the early years progress check at age two in the new early years foundation stage with the healthy child programme health and development review at age two to two and a half. That picks up on a point made by my noble friend Lady Walmsley. Our long-term ambition is to develop one properly integrated health and early years review to support children’s development, drawing on the expertise and professionalism of both the early years and the health workforce.
We are working with the Department of Health to see how we can best achieve this. We have asked Jean Gross, the former communications champion for children and young people, to lead a group exploring ways of improving that information sharing, and are expecting findings from that in October this year. Our aim is that the new integrated track, bringing these two aspects together, will be introduced in 2015, when the additional health visitors to whom I have just referred have been recruited.
A number of noble Lords raised the issue of reading difficulties. My noble friend Lady Walmsley mentioned the phonic screening check, the first of which was carried out earlier this month. It will help to identify pupils who have not met the expected standard in phonic decoding, and schools will then be expected to provide appropriate support to help them make good progress and master these essential early reading skills. I think it was alluded to this afternoon that it was the Rose review that underlined the benefits of systematic synthetic phonics for teaching those with dyslexia.
There is also some evidence that schools are getting better at identifying children with autism. The department has been collecting data on the number of children with different types of SEN who either have statements or are on school action plus. The statistics show that, in 2004, 31,000 pupils were identified as having an autistic spectrum disorder. This had risen to 61,500 in 2011, which seems to suggest that there is a greater recognition of autism in the education system. However, there is still a need to recognise and diagnose autism earlier, and we certainly expect local areas to take account of guidelines that are available, such as the National Institute for Health and Clinical Excellence’s guidelines on the identification and diagnosis of autism.
I will say a few words about early language, an issue raised by the noble Lord, Lord Ramsbotham. In March, the Government announced an early language development programme to train practitioners to help children up to five years old, particularly those with SEN, by focusing on improving communication and language skills. The programme will help the most disadvantaged children with a special focus on the under-threes, who are at risk of language delay. The new early years foundation stage framework, which my honourable friend Sarah Teather has been working on and which is to be introduced in September this year, will also make a number of improvements. There will be a stronger emphasis on the three prime areas most essential for children’s healthy development: communication and language; physical development; and personal, social and emotional development. We have commissioned the Early Language Consortium to deliver a three-year early language training programme to train practitioners to identify language development problems and then work with children and families.
That takes me to the importance of teachers and training, which is one of the recurring issues. My noble friend Lord Storey spoke in a very practical way about some of the steps that a school takes in dealing with these issues, which I found helpful, as opposed to some of the more abstract ways in which the issue is explained to me in the department sometimes. We are taking action in a number of ways to improve teachers’ skills in identifying and addressing the special educational needs of children and young people. The new standards for qualified-teacher status include a specific focus on meeting the needs of children with special educational needs or those who are disabled, which was a question raised by my noble friend Lady Walmsley. We have launched a scholarship scheme for teachers to improve and extend their knowledge and expertise when working with disabled pupils and those with SEN, including their knowledge in specific impairments. That scheme has already awarded funding to around 400 teachers to undertake specialist postgraduate qualifications.
My noble friend Lady Browning and others also spoke about the importance of teaching assistants having the necessary skills, so we have launched a similar scholarship scheme for the most able support staff working with disabled pupils and those with SEN. That should enable support staff to gain degree-level qualifications to build their skills and expertise, including in specific issues such as dyslexia.
The Teaching Agency has developed advanced-level materials on autism, dyslexia, speech, language and communication difficulties, and behavioural, emotional and social difficulties. We have increased the number of special school placements available for initial teacher training to up to 900 in 2011-12. We have provided funding for up to 9,000 school SENCOs to complete the mandatory higher-level SENCO award, and we are also funding a further 1,000 SENCOs in 2012-13.
Reference was made to the role of the voluntary sector, and we are supporting that sector as well in helping teachers and schools. Through the voluntary and community sector grant programme we have funded the Dyslexia-SpLD Trust, providing £1.4 million over two years, to raise awareness and support parents. We also provided a grant to Dyslexia Action, with the RNIB, to make more than 650 core texts available in a digital format for dyslexic pupils.
In addition, we are funding the Autism Education Trust to develop national standards for those working with autistic children, as well as training at universal, enhanced and specialist levels, and delivering that to at least 5,000 staff across the country.
Perhaps I may say a few words about the Achievement for All programme, which coaches and supports schools in improving the attainment of their pupils with special educational needs. We know that schools using the programme saw children make greater progress in English and mathematics than other SEND children across the country. In a significant number of schools involved in the pilot, they even exceeded the progress of non-SEND children nationally. An independent evaluation carried out by the University of Manchester showed that pupil attendance was significantly improved, with an average increase in attendance of just over 10%. It also showed significant improvements in behaviour, including lower levels of bullying—one of the issues that we have talked about—stronger relationships between schools and parents, and a greater awareness of and focus on special educational needs. We are now spending £14 million to roll that programme out across the country so that more children can benefit. More than 900 schools have joined the programme since last September and the number is on course to be 1,500 by the end of this year.
We also talked about successful transition into adulthood—an issue referred toin particular by my noble friend Lord Clement-Jones. We are running a trial of supported internships in 15 further education colleges this autumn. We are providing funding over a couple of years to 25 colleges to test different models of post-16 work experience, and 13 of the colleges involved in the trial will be testing models for young people with learning difficulties.
We are consulting on a more flexible approach to study programmes for all 16 to 19 year-olds, which we think will lead to that whole age group getting more valuable skills and qualifications. We are also providing funding to encourage greater partnership working between clusters of independent specialist colleges, FE colleges and schools so that they work together to improve local provision for young people with learning difficulties and disabilities and share expertise and delivery arrangements. We are going to increase the number of clusters further this year.
Furthermore, the Learning and Skills Improvement Service and the National Institute of Adult Continuing Education have launched specialist qualifications for college teachers working with disabled young people. We think that that will improve the expertise in the FE workforce.
I am pleased to say that more young people with learning difficulties are completing apprenticeships. In 2010-11 more than 17,000 people with a learning difficulty or disability successfully completed an apprenticeship, and that figure has increased in each of the past five years. The number of apprentices declaring that they are dyslexic more than doubled between 2005 and 2010. My noble friend Lord Addington will not be surprised to hear that the success rates for apprentices with dyslexia are similar to those of their peers. Almost 70% of apprentices declaring dyslexia succeed at their apprenticeship compared with 75% of those who do not report a learning difficulty.
The Government will issue an action plan later this summer with a number of measures to increase the accessibility of apprenticeships for young people with learning difficulties and disabilities. That will be aimed at colleges and training providers. I know that my noble friend Lord Addington has been discussing that with colleagues of mine. He has offered to help, I think, with the production of that guidance. We are grateful for that offer and I am sure that will be extremely helpful.
The noble and learned Lord, Lord Morris of Aberavon, raised the question about exam adjustments. There is a system of exam adjustments in place; schools and colleges can put arrangements in place to provide things like extra time, supervised rest breaks or assisted technologies.
The Youth Contract, which was mentioned by my noble friend Lady Walmsley, should support more than 55,000 16 and 17 year-olds over the next three years. It will certainly benefit those with learning difficulties and disabilities because they are disproportionately represented in this group of young people who are not in education, employment or learning.
The noble Lord, Lord Touhig, raised the important point about accountability. The new exclusions process, to be introduced in September, will provide additional safeguards for pupils with SEN. In particular, there will need to be an SEN expert to provide advice to the independent review panel. On the point about exclusions raised by the noble Lord, Lord Touhig, and my noble friend Lord Clement-Jones, I agree that the statistics clearly show that the groups we are discussing are disproportionately affected by exclusions. The Government’s trials, based on an approach pioneered in Cambridgeshire to try to give schools a far greater incentive to tackle the problem at source rather than excluding pupils and leaving it to other people to sort out, are going forward. They had great results in Cambridgeshire. Trials are taking place now in 11 local authorities and 300 volunteer schools, and I hope that that will be part of the solution to tackling exclusion.
The issue of careers was raised by the noble Baroness, Lady Jones of Whitchurch; I know that that is a concern of hers. We have been clear in the guidance that, for the kinds of group that we have been discussing, those with learning difficulties and other disadvantaged groups the expectation is that schools and colleges should provide face-to-face guidance.
That has been a slight canter across the terrain, and I hope noble Lords will forgive me if I have not picked up on everything. If there are some specific points, I will follow them up. However, I hope that what I have said conveys the range of activity that is under way and the extent of the Government’s aspirations. As my noble friend Lord Storey and others reminded us, it is easy to forget sometimes just how far we have come. Many people have made that possible over a long period of time, and there is good work to build on.
The fundamental reforms to the system proposed by my honourable friend Sarah Teather is ambitious, but rightly so. I am glad that there is broad support across the House for those reforms, and I hope that they will provide the platform for the further exposition of some of these issues to which the noble Lord, Lord Touhig, referred. I hope also that noble Lords will accept that, in the important area of helping those with hidden disabilities, this Government have been making progress, and I hope that I have shown that we are certainly committed to making more.
Young People: Parenthood
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The Parliamentary Under-Secretary of State for Schools (Lord Hill of Oareford)
My Lords, the Government are committed to supporting good parenting, but we do not believe that it is the Government’s role to tell parents exactly how to raise their children. As such, we are funding services that offer advice and support to all parents, but we do not plan to prescribe how or what skills schools need to teach their pupils, or to test pupils’ knowledge about parenting when they leave school.
Lord Northbourne
My Lords, I am grateful to the noble Lord for that amount of comfort, but does he not agree that responsibility for the quality of parenting in our society is basically shared between the parents of the child and the state in its various forms and through its various agencies? It is essential that parents should understand the responsibilities for which they are responsible. The obvious place for them to learn that is in secondary school as they grow up. However, as the noble Lord confirmed when I asked a Question on 17 May, the Government are determined that secondary schools should not be obliged to teach parenting skills. I hope that I can persuade the Government to think again on this subject, both on the question of whether those skills should be taught in school, and secondly on the urgent need for a cadre of teachers to be developed that is skilled in dealing with that subject.
Lord Hill of Oareford
My Lords, I agree very much with the point the noble Lord, Lord Northbourne, makes about the importance of parenting. He is absolutely right that schools can play an extremely important part in helping to prepare young people and helping them to understand some of the issues that he discusses. Our difference of opinion is over the degree of prescription that there should be. As he knows, rather than adding things to the national curriculum, we are trying to take things out of it, partly to provide more space for the teaching of these sorts of issues that he refers to.
Baroness Walmsley
My Lords, while welcoming the Government’s recent statement that they intend to try to ensure that when a family breaks up, both parents have the opportunity to fulfil their parental responsibilities to the child—after all, that is the child’s right—will my noble friend the Minister confirm that in any legislation the safety and best interests of the child will remain upfront and centre?
Lord Hill of Oareford
My noble friend is exactly right in both her points. We should try to have a legislative framework whereby the involvement of both parents in the upbringing of children is made as easy as possible. She is absolutely right that the core and underlying interest in all this legislation is to make sure that the interests of the child are at the heart of whatever arrangements one makes.
Baroness Armstrong of Hill Top
My Lords, is the Minister able to reassure the House that any of the money that is being committed to spending on vouchers for parenting will be spent exclusively on evidence-based programmes that we know work?
Lord Hill of Oareford
I believe that the parenting trials to which the noble Baroness, Lady Armstrong, refers are being delivered by well established and well respected providers. It is important that what is provided is, as far as possible, evidence-based. I take that point. If I can find out more information about who the providers operating the trials are, I will make sure that the noble Baroness has it.
Lord Cormack
Could we gently say to our young people in schools that the best preliminary for parenthood is marriage?
Lord Hill of Oareford
We should say many things to young children in schools. For all education, my starting point would be the importance of English and maths. A decent grounding in those matters is most likely to lead children to have successful lives, and many of the desirable outcomes that we all want from education are more likely to appear.
Baroness Butler-Sloss
My Lords, while I accept that English and maths are extremely important, does the Minister accept that the public have an interest in the upbringing of children, because if children are not well brought up we pay for it in all sorts of ways? Consequently, in so far as citizenship or anything akin to citizenship is taught in schools, will the Minister not consider whether parenting should be part of citizenship?
Lord Hill of Oareford
Certainly, I agree with the noble and learned Baroness’s underlying point that we all have a shared interest in making sure that children are brought up as well as possible. It is a point that the noble Lord, Lord Northbourne, made as well, so we have a common interest. On the specific point about citizenship and the content of that within the curriculum, as the noble and learned Baroness will know we are looking at the whole question of the national curriculum. I will relay her point to my honourable friend Mr Gibb for him to reflect on.
The Lord Bishop of Liverpool
My Lords, is the Minister aware of the Children’s Society’s Good Childhood report in which parenting features considerably? Is he further aware of the number of primary schools that already offer parenting courses for pupils’ parents? Is his department able to tell us how many schools across the country offer such parenting classes?
Lord Hill of Oareford
I do not know how many schools offer that and I do not know how easy it would be to find out, but I will certainly ask the question. I am aware of how much work is being done in primary and secondary schools and the way in which many schools, particularly primary schools, are finding ways of bringing parents into schools and educating them at the same time as the children. I agree with him on the importance of schools developing ways of encouraging that.
Lord Brooke of Alverthorpe
My Lords, given the changes in the benefits regime and the ideas being floated over the past few days about further changes that will affect in particular young people and their lifestyles, and given what the Minister has already said about not moving on parenting advice, will he say whether there is any intention to draw these changes to the attention of young people? Will he also say whether some thought might be given to giving some well placed advice on servicing tax liabilities and responsibilities at some point, too?
Lord Hill of Oareford
My Lords, it seems to me that all those matters could be considered and taught within the existing PSHE framework in schools.
Office of Qualifications and Examinations Regulation (Determination of Turnover for Monetary Penalties) Order 2012
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Lord Hill of Oareford
That the Grand Committee do report to the House that it has considered the Office of Qualifications and Examinations Regulation (Determination of Turnover for Monetary Penalties) Order 2012.
Relevant document: 2nd Report from the Joint Committee on Statutory Instruments.
The Parliamentary Under-Secretary of State for Schools (Lord Hill of Oareford)
My Lords, I am grateful to the Joint Committee on Statutory Instruments and the Secondary Legislation Scrutiny Committee for their careful consideration of this order. Noble Lords will be aware that neither committee commented or thought that the House’s attention should be drawn to the order.
First, I shall give a little bit of history. Noble Lords will recall that it was as a result of concerns raised by Members of this House that we introduced a provision into the Education Act 2011 giving Ofqual new powers to impose financial penalties. That was against the backdrop of the errors in exam papers during last summer’s exam season. That power was commenced in May this year. It addresses the gap in Ofqual’s range of sanctions, as previously there was nothing between a power to direct and the ultimate sanction of withdrawing the awarding organisation’s recognition. This change brings Ofqual into line with similar regulators and is consistent with the Regulatory Enforcement and Sanctions Act 2008.
At the time, last year, the Government accepted the argument that a strong regulator needs a range of powers, including the ability to impose financial penalties. Fining is a flexible sanction which we expect to act as a deterrent to awarding organisations breaching regulatory requirements. In many circumstances it would provide a more proportionate response than the most severe sanction of withdrawing recognition. At the other end of the spectrum, as we have seen with other regulators, fines give a stronger public signal about the significance of the breach than giving a direction to take corrective action or public censure.
It is of course important that there should be limits on any fine. For that reason, we agreed that Ofqual’s power to fine should be subject to a cap of no more than 10% of the awarding organisation’s turnover. We also agreed that the definition of turnover for these purposes would be set out in an order made by the Secretary of State and subject to the affirmative procedure.
A wide range of awarding organisations operate in England: Ofqual currently recognises 179. They possess very different characteristics, including in relation to the way in which they derive income and the relationship between their regulated activity and any other activities that they undertake. In order to gauge the balance of views on this issue, we undertook a 12-week consultation on the draft statutory instrument, which ran from December to March this year. Parallel consultations were carried out by Ofqual and by the Welsh Government in respect of a similar power that has been introduced in Wales.
When we discussed this matter last year, I explained that it was our intention to define turnover in relation to activity that Ofqual regulates, rather than using a broader definition based on all an awarding organisation’s activity, which could include unregulated activity and activities beyond the United Kingdom. However, when it came to drafting the statutory instrument, it was clear that this would prove difficult to achieve, because in fact a number of awarding organisations have no income from regulated activity. Sticking to our original proposals would have resulted in those awarding organisations being able to operate without threat of this sanction. That could have led, for example, to an awarding organisation that charges for proprietary qualifications being treated differently from an employer awarding body that awards its own, very similar, qualifications to its employees without charging. For that reason, we consulted on an order that defined turnover in relation to all an awarding organisation’s activity in the United Kingdom.
The 35 responses that we received to the consultation were broadly in favour of the power to fine in principle, of the geographical scope of the power and of the proposal to calculate turnover on the basis of a business year. However, concerns were expressed over the inclusion of all income in the definition of turnover, rather than limiting the definition to income from regulated activity.
We understand the concerns of both large organisations and small charities, especially those that generate none or very little income from regulated activity. We have considered those concerns carefully and looked at a number of different options, including one proposed by Pearson that we should adopt a two-tiered approach, using one definition based on regulated activity where appropriate and a second based on all activity when an organisation does not derive income from regulated activity.
Set against these concerns, we have had to take account of the importance of establishing a regulatory regime that is simple, fair and consistent in its treatment of awarding organisations. Having considered the alternative options, we were not persuaded that any of them met this test. We think that calculating turnover must be done in a way that treats all awarding organisations equally. As the scope of regulated activity is narrow, being concerned only with the award or authentication of qualifications to which Part 7 of the ASCL Act applies, income from related activity, such as the publication of textbooks, would have been excluded from any definition that uses regulated activity as its basis. A differential approach could therefore have the effect of limiting the exposure of an awarding organisation that derives income from regulated activity, while placing no such limits on one that does not.
The order that is before us for consideration today defines turnover in relation to all of an awarding organisation’s activity in the United Kingdom. That approach mirrors the one already agreed by Welsh Ministers, following consultation and debate. If agreed by Parliament, this order will provide a consistent framework for awarding organisations operating across England, Wales and Northern Ireland. That matter was important for respondents to the consultation.
Alongside the consultation on the statutory instrument, Ofqual consulted on its policy on fining. That policy was published in May and makes clear the factors that Ofqual will consider in determining whether an awarding organisation should be subject to a fine. It will consider the harm done and whether a fine is likely to improve compliance with regulatory conditions in the future. It will also consider whether another regulatory body, such as the Welsh Government, has already imposed a financial sanction in relation to the breach.
Having decided that a fine is appropriate, Ofqual will take account of a range of factors in determining the amount of that fine, to ensure that it represents a proportionate penalty. This includes the likely impact of the fine on the awarding organisation’s provision of regulated qualifications and its turnover from regulated activities in relation to its total turnover, to avoid a disproportionate impact on awarding organisations with multiple business interests. Ofqual is required to give notice of its intention to fine, setting out reasons, and then to have regard to any representations received in response. Should Ofqual decide following any such representations to confirm the fine, the awarding organisation has a right of appeal to the First-tier Tribunal. Appeals may be made on the basis of the imposition of the fine and on the level of the fine imposed. While the independent appeals arrangements are in train, any fine is suspended.
There is no financial incentive for Ofqual to impose a monetary penalty. All money received in the payment of a fine will be paid into the Government’s Consolidated Fund. The definition set out in the order allows Ofqual to have a flexible monetary penalty policy that can take into account the diverse nature of the qualifications market. We set out to define turnover in a way that is fair, transparent, relatively easy to administer and consistent with the approach taken by the Welsh regulator. I believe that that is what we have done. I also believe that Ofqual’s commitment to act in a way that is proportionate, accountable, consistent, transparent and targeted, and the safeguards that are in place, should reassure awarding organisations that the fining power will be used proportionately and appropriately. I therefore commend this order to the Committee.
Lord Sutherland of Houndwood
My Lords, I support the order and commend the Government for bringing such a sensible conclusion to a complex inquiry. In doing so, I declare an interest as being currently and for the next month chair of one of the bodies mentioned in the supporting papers, the Associated Board of the Royal Schools of Music. I mention that body also to illustrate how complex the measure is, because it probably means that the department, or certainly Ofqual, would have to check reasonably regularly that the way in which it had constructed the annual turnover figure was accurate. The figures for ABRSM given in the supporting paper show the turnover as being just over £31 million, which was probably the figure for two years ago. That turnover is based not simply on the 300,000 candidates in this country but on 300,000 candidates overseas and shows the complexity involved in determining turnover for activity in the UK. I know that it is simply an illustrative figure in an illustrative paper, but it makes the point that there would have to be accurate checks and agreement with the organisations in question. I do not think that the eventuality will arise, but, if it did, one would need to know in advance on what figure the 10% cap was based. Another slight complexity, again illustrated by the case of ABRSM, is that the figures are to be examined in Scotland as well as in the other three jurisdictions named in the paper. I am not sure whether that makes a difference, but it is the kind of detail that should be checked out. However, I support warmly the direction in which we are now moving.
Lord Hill of Oareford
I am grateful for the brief comments that have been given in support of the steps we are taking. I am particularly grateful to my noble friend Lord Lingfield for originally raising this issue. We are glad to have been able to address it. I am also grateful for the support from the noble Lord, Lord Sutherland of Houndwood, who rightly pointed out the complexity and disparate nature of these organisations, to which the noble Baroness, Lady Jones of Whitchurch, also referred. That is what has driven us to the conclusion that we have reached.
The noble Baroness, Lady Jones of Whitchurch, raised specific questions. First, I was grateful for her general support of these moves, and I agree that the desire behind them is to raise standards and confidence in our exam system. I know she shares that goal. I also agree with her concern that we need to guard against the unforeseen consequences of some of these moves. I shall try to respond to her specific questions.
Her first question was about the concern that smaller awarding organisations might inadvertently be driven out. I said earlier that the safeguards that Ofqual has put in place, on which it has consulted, are designed to ensure that the power is used in a way that will, I believe, be both appropriate and proportionate. In particular, Ofqual will exercise its discretion regarding whether to impose a fine and the level at which to do so. If the imposition of a fine would be likely to render the awarding organisation unable to provide regulated qualifications in future, I do not believe that Ofqual would use its fining powers. The case that she raised of the small or charitable organisation is guarded against in Ofqual’s discretion. At the other end of the spectrum, it is also the case that larger organisations might be concerned about the danger of a disproportionately large fine. As has already been said, the 10% figure is there as a cap; it is not a guide to the appropriate level of fine.
The Ofqual guidance makes clear the factors that it will take into account. Ofqual will certainly take into account the relationship between an organisation’s total turnover and its turnover from regulated activities, thereby protecting awarding organisations with multiple business interests. The noble Baroness, Lady Jones, asked whether Ofqual will publish its policies so that we can see that in black and white. It published Taking Regulatory Action last month, section 6 of which sets out its policy on fining. I will make sure that a copy is sent to the noble Baroness. The document sets out all the various stages and processes in a very open way. She also raised the important question of safeguards against passing on fines. In its enforcement policy, Ofqual has set an expectation on awarding organisations that the cost of fines must not be passed on to users. If an awarding organisation’s fees do not represent value for money following the issue of a fine, Ofqual has a power to cap them, so I agree with her.
The noble Baroness raised concerns about potential double-counting and the need to guard against an awarding organisation being penalised twice for the same breach. One of the factors that Ofqual will have to consider when deciding whether a fine is the appropriate sanction is whether another regulatory body, such as the Welsh Government, has already imposed a financial sanction in relation to the same breach. It has a duty to be proportionate and will look at the circumstances in each case but this sanction is intended primarily for serious and persistent breaches. If all is going well, it will not need to apply these sanctions at all so awarding organisations should not fear being penalised twice for the same breach.
The noble Lord, Lord Sutherland of Houndwood, asked specifically in passing about Scottish qualifications. The order covers turnover based on all activity in the United Kingdom so it is the case that qualifications awarded in Scotland would count.
I certainly take the point on which the noble Baroness, Lady Jones, ended, that fining punishes failure and does not in itself improve standards, which is the key issue that we want to address. Ofqual has a range of measures in place to drive up standards and qualifications. It set these out in its published approach Taking Regulatory Action, which includes imposing general conditions of recognition on all awarding organisations and employing a risk-based approach to regulation. That has been set out and was published in the same document in May. I shall ensure that the noble Baroness has it.
I hope that that addresses the main concerns that were raised. I am grateful for the support for this measure and particularly to noble Lords who first brought it to the Government’s attention and urged us to move on it. I am happy to have done so.
Education: Special Educational Needs
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The Parliamentary Under-Secretary of State for Schools (Lord Hill of Oareford)
My Lords, Support and Aspiration: A New Approach to Special Educational Needs and Disability—Progress and Next Steps sets out our aspirations to help young people in England with special educational needs to make a successful transition to adulthood. The new education, health and care plans will require services to work together to agree a plan which reflects the young person’s needs and their future ambitions covering education, health, employment and independence. We have also developed supported internships as a way of providing meaningful work opportunities for young people, which we will be trialling from September.
Lord Touhig
I thank the Minister for that Answer. Is he aware that Work Choice, the scheme intended to help the disabled into employment, has had very little success in helping people with autism to find a job, while the Work Programme itself seems to find great difficulty in placing anyone with autism in employment at all? Given that the noble Lord, Lord Freud, has said that the Government will double the number of people with autism in employment from 15% to 30%, will the Minister tell the House when the Government will publish a programme to achieve that?
Lord Hill of Oareford
My Lords, first, I very much agree with the noble Lord, Lord Touhig, about the importance of doing everything that we can to address the problem of how we help young people with autism into work. The previous Labour Government published a strategy on that in 2009, which the current Government are working with and trying to build on. As the noble Lord says, my noble friend Lord Freud is working in this area. He recently set up an employer round table, where guidance was published for employers to help them with recruiting young people with autism. That is clearly work that we have to carry on. I do not have an immediate and easy answer because, as the noble Lord knows better than I do, this is a long-rooted and difficult problem. But I can say that the Government are committed to doing what we can to work with a range of organisations to address the problem.
Lord Addington
Does my noble friend agree that when dealing with the less commonly occurring disability groups there will need to be a driving sector for unusual problems? Has my noble friend got an example of where this has been successfully achieved—for instance, with the Department of Health being able to drive what happens in the Department for Work and Pensions or the Department for Education and Skills?
Lord Hill of Oareford
I think the point that underlies my noble friend’s question is the importance of finding good practice and sharing it, and trying to make sure that the historic divisions and silos between different parts of Whitehall are overcome. I cannot find an immediate example, although he may have one that he can share with me. But we need to find ways in which to overcome those silos—and that is, of course, the principle that underlies the proposals of my right honourable friend Sarah Teather on reforming the whole special educational needs system.
Lord Flight
My Lords, does the Minister agree that the new technical colleges led by the noble Lord, Lord Baker, are already playing an invaluable role for children whom our schools have failed? They may not have special educational needs, but they have come out of schools inadequately educated. Will the Minister comment as to the commitment to extend the new technical college programme going forward?
Lord Hill of Oareford
That takes us a little away from autism, and it is the case that we need to think about the particular help that we put in place to help children with special educational needs and learning disabilities all the way up to the age of 25. I would not like to lose sight of that, as that is what lies behind the Question.
As for the university technical colleges, the Government have increased the number significantly. We have a number now going forward. We inherited one from the previous Labour Government, and I have been happy to build on that. Now, some 34 have been approved and are moving towards opening.
Lord Ramsbotham
My Lords, can the Minister confirm that support will also be given to those with special educational needs who are in the hands of the criminal justice system?
Lord Hill of Oareford
Yes, my Lords. I know that that is a subject that the noble Lord, Lord Ramsbotham, feels very strongly about. He and I have had the chance to discuss that issue, and we need to do what we can to address those needs. It is obviously the case that special educational needs and behavioural issues often lie behind the reason why those young people are in those institutions in the first place.
Baroness Jones of Whitchurch
My Lords, we very much support the principle in the SEN Green Paper that a simplified plan involving social care, education, health and benefit providers would make it easier for young people to access the support they need to flourish in the employment market. But given the complexities involved in these proposals, can the Minister confirm that the current pathfinder pilots, which are only just getting under way, will be completed and evaluated before introducing the very radical changes in primary legislation that will be needed to make the proposals happen?
Lord Hill of Oareford
I am grateful to the noble Baroness for the support that she has given to the idea that lies behind our SEN reforms, which is to try to bring these services more closely together. As regards the evaluation of the pathfinder pilots, 20 are under way and we will be publishing regular quarterly reports. I think that the first one is out today and I will make sure that the noble Baroness has a copy. A more formal interim report will be published in the autumn, which will help shape the pre-legislative scrutiny of the Bill that is also scheduled for the autumn. The lessons that we learn from the pathfinders will help shape that legislation. We will all need to scrutinise that very carefully.
Baroness Gardner of Parkes
Is the Minister aware that people training to be dental chairside assistants are allowed to sit the relevant exam only three times? I met one such person recently who has failed the written exam twice and has now discovered that she is dyslexic. She says that to get special assistance she will have to produce many hundreds of pounds, and that if she does not get that assistance and does not pass the exam the next time she will not be allowed to continue in employment although the dentist who employs her is completely satisfied with everything that she has done. She has passed all the other sections of the exam except the written part. What help is available to people like her?
Lord Hill of Oareford
I afraid that I am not aware of that case, but perhaps I could have a word with my noble friend afterwards and look into that on her behalf.
Schools: Curriculum
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Baroness Jones of Whitchurch
To ask Her Majesty’s Government whether they will publish the names and qualifications of all those who advised the Secretary of State for Education on the content of the recent curriculum review proposals for the teaching of primary school mathematics, science and English; and what international comparisons were used to inform the proposals.
The Parliamentary Under-Secretary of State for Schools (Lord Hill of Oareford)
My Lords, the Government are happy to publish a list of those who were consulted to inform the development of the draft curriculum documents published on 11 June, and we will do so shortly. The review has drawn on a wide evidence base, including an analysis of the English, mathematics and science curricula of high-performing education jurisdictions, which was published on 19 December 2011. I will send the noble Baroness copies of both documents.
Baroness Jones of Whitchurch
I thank the Minister for that reply, particularly for offering to send me the specifics of the international comparisons on which the proposals have been made. However, is he concerned that three of the four members of the expert panel set up to advise the Government on the curriculum review are reported to be deeply unhappy with the proposals now announced by Michael Gove, which they describe as too narrow and overprescriptive? Is he also concerned about their allegation that the proposals are not drawn from the best available international evidence? Does not Michael Gove’s throw-away response to these concerns in the Commons on Monday, when he said that,
“advisers advise but Ministers decide”,—[Official Report, Commons, 18/6/12; col. 603.]
give weight to the view that the expert panel’s evidence has been disregarded in favour of a small Gove clique of advisers in his own department?
Lord Hill of Oareford
First, a number of recommendations made by the expert panel were accepted by the Secretary of State. Secondly, although it is true that there were differences of opinion between some members of the expert panel, and between some of them and Ministers, a difference of opinion between Ministers and expert advisers is scarcely unheard of. However, Ministers ultimately have to take responsibility for their decisions. I think most of us in this House think that that is the way it should be. However, the key point of the proposals that the Government have brought forward is that we are trying to raise ambition and standards in our primary curriculum, particularly as a gap in attainment has opened up between the UK and other international jurisdictions and we are keen to try to narrow it.
Baroness Walmsley
My Lords, the reference to international comparisons reminds me that in foreign countries children often start learning languages at primary level, something in which the Secretary of State is very interested. Given the difficulties with the lack of teachers and the fact that many secondary schools have dozens of feeder primary schools, all of which might have taught a different language, will my noble friend the Minister look into language appreciation or language taster courses so that children get a foundation in foreign languages but do not study for too long a language which they may not be able to carry over to secondary level?
Lord Hill of Oareford
My Lords, as my noble friend will know, one of our proposals for the primary curriculum is to make the teaching of foreign languages compulsory at key stage 2. Those proposals are out for consultation. There is clearly an important question to be addressed about the quality of teachers and how to teach languages, because we have fewer than we need and there has been a drift away from modern languages in recent years. One of the things on which we will welcome views to the consultation over the next few months is how we can make sure that teachers have the support they need to ensure that languages can be taught at primary and secondary school.
Lord Quirk
Given the centrality of English in the whole of education, is the Minister aware that many in the profession are delighted with the steps taken to create a key stages 1 and 2 curriculum that meets our present and future needs? Can he therefore assure us that the Government will do their utmost to ensure the enthusiasm and competence of the teaching body to deliver this most promising curriculum?
Lord Hill of Oareford
My Lords, I am very aware of how important the whole issue of language development is to the noble Lord. I agree with him, and one of the things that we are seeking to emphasise in the new curriculum is the importance of the use of language and language development all the way through. I am grateful for his support for the changes that we are trying to make. As I have said, we will now consult on those proposals and we will certainly do all we can to make sure that teachers have the support to deliver this more ambitious curriculum.
Baroness Billingham
Michael Gove’s somewhat bizarre curriculum review has achieved the stunning result of uniting the whole teaching profession, most academics and even his own advisers against his proposals. Precisely how many hours of physical education will remain within the curriculum in all primary schools? Is it mandatory? I ask the Minister that question against the background of an Olympic legacy that we have promised to the nation. If we do not have sport in schools, the legacy will be in tatters.
Lord Hill of Oareford
I do not agree with the noble Baroness’s basic premise on the nature of the response to the curriculum. As the noble Lord, Lord Quirk, has just demonstrated, many applaud what is in it, including many teachers who are already delivering such an approach. I agree that sport is important and it is remaining a compulsory part of the national curriculum. We will shortly publish the programmes of study that we propose will go alongside that requirement.
Office of Qualifications and Examinations Regulation (Determination of Turnover for Monetary Penalties) Order 2012
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Schools: Admissions
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Lord Lucas
To ask Her Majesty’s Government whether they will allow independent schools, particularly those which were formerly direct-grant grammar schools, to join the state sector on the basis of needs-blind admission.
The Parliamentary Under-Secretary of State for Schools (Lord Hill of Oareford)
My Lords, the Government already allow high performing independent schools to join the state sector by submitting successful applications to become free schools. Free schools are independent state-funded schools that do not charge fees, must abide by the schools admissions code and are not able to have selective admissions criteria. It would therefore be open to the kind of schools to which my noble friend refers to apply to join the state sector.
Lord Lucas
My Lords, I am sad that my noble friend does not share my disappointment that, after so many decades of pontificating and after my right honourable friend Michael Gove’s speech on the need to rebalance the independent and state sectors, no party seems prepared to engage with an initiative from a trusted intermediary such as the Sutton Trust to take advantage of all the work done under the previous Government to improve the state system and relationships between the state and the independent sector and make a radical change to the balance between state and independent education. Can he offer no hope to the Sutton Trust in its ambition to make a change which will otherwise take 50 years on the best possible course?
Lord Hill of Oareford
My Lords, I am extremely keen, as are the Government, to encourage as much co-operation as possible between the independent sector and the maintained sector. The noble Lord will know better than me the number of examples of independent schools working with the maintained sector in a variety of different ways—whether through involvement in the academies programme, coming into the maintained sector or providing courses for children at local maintained schools, all of which I thoroughly applaud. However, the main priority of the Government is to do what we can to raise the standards for the vast majority of children in maintained schools. That is the focus of the work we are doing.
Lord Lea of Crondall
My Lords, does the Minister agree with the speech referred to by the noble Lord, Lord Lucas? Are the Government backing the speech by Mr Michael Gove pointing out that apartheid in the British education system is causing great damage to our society and that the Government must do something about it?
Lord Hill of Oareford
I am sorry, my Lords, I thought I had said that in overcoming that divide the Government are extremely keen, as is the Secretary of State, to pursue the goal of bringing the two sectors together in as many ways as we can. As I said, some of that is through sponsorship of academies. The free schools programme, to which I just referred, will welcome high quality independent schools into the maintained sector, providing a good quality of education free for children from all backgrounds. It follows from some of the initiatives that the previous Government took to bring some of those schools into the academy sector.
Baroness Walmsley
Will my noble friend reaffirm the Government’s clear statement that they do not want an expansion of selection among schools maintained by the state? In that connection, will he consider clarifying the law on expansion of existing grammar schools and, if necessary, change it if it is not meeting that objective?
Lord Hill of Oareford
Yes, my Lords, the Government’s position on selection is clear and we have no plans to change it. The existing legislation that governs the prohibition on the introduction of new selective schools remains in place. The only change that the Government have made since we came in is the ability of schools of all types to expand their number locally in response to parental demand, if they are popular schools, because we are keen to give parents more ability to get their children into local popular schools.
Lord Adonis
My Lords, will the Minister congratulate the growing number of independent schools which have joined the state system in recent years as academies by giving up both fees and selection? In particular, will he commend Belvedere School in Liverpool, William Hulme’s Grammer School in Manchester, Bristol Cathedral Choir School and Colston’s Girls’ School in Bristol, which are doing a fantastic job as state academies and are open to their population as never before by becoming academies, giving up fees and giving up the 11-plus?
Lord Hill of Oareford
I know that this subject is very dear to the heart of the noble Lord, Lord Adonis, and I am extremely aware of all the work that he has done for many years to pursue that goal. Those schools are making a fantastic contribution. I was looking at their results the other day. Since they have come into the maintained sector, without selective admissions, they continue to perform an extremely good job. A number of schools across the country demonstrate that it is possible to achieve outstanding results if they have high aspiration, high ambition, an orderly environment and work hard for all of their children to do well.
Lord Lexden
My Lords, does my noble friend recall that some years ago, when I was its general secretary, the Independent Schools Council put forward for discussion an ambitious set of proposals to provide open access to schools of all types in the independent sector? Under these proposals, government expenditure per pupil would be no higher than in mainstream, maintained schools. Pupils of a wide range of ability and aptitude would benefit, with families on low incomes being offered free places. Will the Government now give consideration to some such arrangement?
Lord Hill of Oareford
My Lords, I said in my reply to my noble friend Lord Lucas that the focus of what the Government are doing is to attempt to raise the standards in the bulk of the maintained sector, so that more schools are able to achieve for their pupils the results that the most outstanding schools in the maintained sector are already delivering. That is our focus and some of these other ideas, interesting though they are, are not where our priorities lie.