Skills and Post-16 Education Bill [HL]

Lord Storey Excerpts

Report stage
Tuesday 12th October 2021 Lords Chamber

At this stage in the Bill’s passage, it would be most helpful if the Minister could indicate how the review of the current trailblazer pilots could be used to inform the Government’s evolving view of how ERBs might best operate, with specific reference to the amendments I have outlined and what future discussions with the right reverend Prelate the Bishop of Durham and other interested Peers might be a fruitful way of following up these issues. We even suggest that the Government might adopt the amendments themselves, since hope is considered one of the virtues on these and, indeed, other Benches.

[Lord Storey (LD)]

My Lords, before speaking to the amendment of the noble Lord, Lord Watson, to which I added my name, I thank the noble Baroness, Lady Berridge, for the work she did on this Bill and wish her well.

The noble Lord, Lord Watson, uses the word “integrated”; I would use “partnership”. What the Government are trying to achieve, which we want to achieve, will fail if we do not get the local skills improvement plan right. To do that, we must have a partnership of people. A key factor in that must be the local combined authorities. It is not just me saying that. Your Lordships may remember when a former Chancellor, George Osborne, set up combined authorities. He said that they were a “devolution revolution” and gave them extra powers involving the provision of skills training, business support and economic development.

Indeed, the powers of the Liverpool City Region Combined Authority, where I live, include apprenticeships, grants for employers, an adult skills budget, post-16 FE and oversight of skills and advisory panels. Combined authorities have a wealth of experience, yet we are pushing them to the side. We are marginalising them. I just do not get it at all. It is not just me saying that, or the combined authorities saying that, or Peers saying that. It is interesting to see that message coming loud and clear from employers themselves. You have only to look at the comments from the Food and Drink Federation, which has again said that it is really important that there is a partnership across all areas.

Interestingly, the Energy & Utility Skills Partnership talks about the need to look not just at local skills but at those skills which are nationwide and at how they will be swept up or dealt with if there is just a local focus. I hope that when she responds the Minister will be positive. I agree with the noble Lord, Lord Lucas, that when this goes to the Commons it will be sensible enough to realise what we have said, and that changes will be made if we are able to give it those changes.

I end by saying how much I support Amendment 19 from the right reverend Prelate the Bishop of Durham. He is right to say that if we are to have these representative employer bodies, they must have a record of showing that they care about diversity, equality and disability and that should be an important hallmark of these bodies. If that amendment is not agreed, I am sure that if the Government saw a body set up that was not equal or concerned about diversity and disability, they would have the sense to step in.

[Lord Aberdare (CB)]

My Lords, I, too, have added my name to Amendment 11, tabled by the noble Lord, Lord Watson, and to the amendment to it, Amendment 12. I shall speak also to my Amendments 14, 18 and 21, which are mainly concerned with the overall coherence and effectiveness of the skills systems of which this Bill will be such a major part. Many aspects of that system lie outside the Bill as drafted, but are essential for it to achieve its aims, so Amendment 11 and my amendments seek to fill some of the more important gaps that need to be addressed in the Bill. Others will no doubt be covered in the forthcoming guidance for employer representative bodies, which I have been no more successful than the noble Lord, Lord Watson, in absorbing since I received it this morning.

The amendment tabled by the noble Lord, Lord Watson, lists a range of bodies whose views rightly need to be taken into account in LSIPs. My Amendment 12 adds two more categories to the list: bodies providing careers information, advice and guidance and independent training providers. I have previously expressed my view that the importance of high-quality careers guidance should be more explicitly covered in the Bill. Every LSIP should surely take account of the status of careers guidance provision in its area through drawing on the views of those responsible for it, including careers hubs and careers leaders in local education institutions. Seeking to ensure that all schools and colleges in its area are meeting the eight Gatsby careers benchmarks and complying fully with the requirements of the Baker clause as, I hope, amended by the Bill.

Given the importance of informing young people about their career choices and options early on, will the Minister tell us how the Government are ensuring that chambers of commerce currently delivering trailblazer LSIPs are engaging with local careers hubs to ensure that careers provision in schools is aligned with local labour market skills needs?

Could she also say whether there are any plans for a new careers strategy, to revive the terrific impetus provided by the previous one in improving the careers situation, and what the Government are doing to ensure that careers hubs will be an established part of the future careers landscape right across England, with sufficient funding to support careers activities in schools and colleges and enough qualified careers professionals to deliver them? Finding those professionals seems an increasing problem for some schools.

My Amendment 12 would also add independent training providers. I will spare noble Lords a repeat of my spiel on independent training providers, but I do believe that no LSIP can afford not to take account of their role in meeting the skills needs of its area.

My Amendments 14 and 18 seek to ensure that LSIPs take account of UK-wide standards developed by national employer groups, picking up on what the noble Lord, Lord Storey, said. Either of the two might meet the need, although the first relates to the actual content of an LSIP, and the second to the characteristics of the employer representative body which develops it. I apologise to your Lordships if this seems like trying to get two amendments for the price of one.

There will be many areas of technology where there is a pressing need for LSIPs to upskill and reskill the existing workforce in their area but there are no associated apprenticeship standards; for example, because they would not support a full year of study. Examples include some of the key green technologies, such as installation of ground source heat pumps or electric car charging points. In the absence of formal standards, LSIPs will need to assure themselves that training provision and assessment is of the right quality and meets agreed industry standards. This assurance could be provided by recognised national not-for-profit employer bodies representing specific sectors, such as the Energy & Utility Skills Partnership, again mentioned by the noble Lord, Lord Storey, for whose briefing I am grateful. I would welcome the Minister’s views on how this need might be met and whether she might consider establishing a reasonably short list of recognised sectoral employer bodies capable of supporting LSIPs in this respect.

Amendment 21 addresses a related issue. The Bill says remarkably little about accountability and reporting requirements of employer representative bodies, apart from developing their LSIPs in a form that the Secretary of State is prepared to approve and publish. Perhaps the Minister could say something about how the subsequent progress and implementation of the plans will be reported and monitored; how information from LSIPs across the country will be aggregated to assess their impact on national skills needs and objectives; and how the Secretary of State will determine whether the new arrangements in specific LSIP areas are working as intended, bearing in mind the point that noble Lord, Lord Adonis, and others have made, that chambers of commerce in England vary considerably in size, scope and capacity, and may not always be the right body to lead ERBs.

Amendment 21 addresses only one specific aspect of this broader issue of reporting accountability and two-way flows of information between local plan areas and the centre. The amendment would ensure that the Institute for Apprenticeships and Technical Education has access, via reports from ERBs, to information on the activities and outcomes of the upskilling and reskilling programmes being pursued through their LSIPs, to inform its own work in identifying and approving needed apprenticeship standards and other technical qualifications for the future.

I do not anticipate pressing any of my amendments to a vote, but if the noble Lord, Lord Watson, decides to seek the opinion of the House on his Amendment 11, I shall gladly support him.

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Moved by

[Lord Storey]

34: After Clause 7, insert the following new Clause—
“Review of apprenticeship levy
The Secretary of State may request a review of the apprenticeship levy to—(a) ensure eligible costs are sufficient to enable apprenticeship standards to fully meet the demands of their occupation in relation to specific industries in the sector; and(b) provide the opportunity for coordinated pre-apprenticeship training and industry experience to broaden diversity and inclusion.”Member’s explanatory statement
The purpose of this amendment is to create flexibility in the eligible use of employers’ apprenticeship levy funds and to ensure there is wider diversity and inclusion in apprenticeships.

[Lord Storey (LD)]

My Lords, apprenticeships have been a really important development, particularly for young people. We saw at the beginning of the development of apprenticeships how young people felt that this was an important way to develop their skills and career prospects. For young people, it meant no student debt and more experience—20% on study and the rest on practical training—but in recent years, we have seen a massive decline in apprenticeships for young people, not just because of Covid. Current rates of employer-funded training for 16 and 17 year-olds are at their lowest levels since the 1980s. Just 3% of young people took up an apprenticeship in 2020 and only 2% of those were employer-funded training: it is almost back to the future.

Obviously, the pandemic and staying in education has had an effect, but the IFS concluded that there are fewer policy reforms or initiatives to arrest that decline in work experience among 16 to 17 year-olds. That is the area that we need to talk about, to look at and to be flexible about. Apprenticeship, like other routes of technical education, suffers from entrenched negative perceptions, biases and stereotypes in comparison to an academic route. Apprenticeship providers of high quality that lead to high earnings and better employment outcomes need to be stressed.

The Government have set a target that all public bodies should take on 250 apprenticeships with no age bracket, but the National Audit Office report found that employers were simply using money on existing professional development courses. Will the Government look again at how those targets might be honed more to young people because there is no age limit on them?

Of course, experienced workers should upskill or retrain, but apprenticeships should be prioritised for young people. The Government should look at employers and at receiving funds from the apprenticeship levy, using a substantial part of it on young people who began apprenticeships at levels 2 and 3, before the age of 25. We now need to refocus on the under 25s. We need to be ambitious, particularly with how we use the levy. The LGA—I declare an interest as a vice-president —has asked for more flexibility, for example by allowing a proportion of levy funds to be used to subsidise apprenticeship wages.

As we have discussed before, any of the apprenticeship that is unused of course goes back to the Treasury. The Energy & Utilities Skills Partnership did a survey of its membership and found that 54% of the levy was unspent and going back to the Treasury. What a waste for the education sector and for skills and vocational education. Why are we allowing that to happen? We could unlock that logjam by ensuring that we use that money in more flexible ways—there are plenty of examples.

My amendment highlights the issue of young people from ethnic minority backgrounds, who, quite frankly, have not been taking up apprenticeship opportunities. We need to understand why, and how we can encourage them to do that. By being flexible, we can perhaps make that happen. I hope that Members will support this amendment.

[Lord Aberdare (CB)]

My Lords, I have added my name to Amendment 34 of the noble Lord, Lord Storey, because of the key role that apprenticeships have to play in meeting the UK’s skills challenges, as pointed out earlier by my noble friend Lord Bird. However, as it stands, the policy is not working as well as it should or could, as pointed out by the noble Lord, Lord Adonis, and indeed the noble Lord, Lord Storey.

I was about to regale your Lordships with the results of a survey carried out by the energy and utilities sector, but that has already been done on my behalf, so noble Lords will be glad to hear that my speech will be even shorter. However, this illustrates that greater flexibility in the use of levy funds could actually increase the use of apprenticeships to deliver competences needed in that sector, for example through supporting pre-apprentice training initiatives in schools to increase the diversity and inclusiveness of new entrants.

Extra flexibility might allow some of the available levy funds to be used for approved high-quality shorter courses—less than one year long—or for apprenticeship-related costs outside the training itself, which might help in the perennial challenge of encouraging smaller firms to offer apprenticeships. This simple amendment merely gives the Secretary of State the power to request a much-needed review of the apprenticeship levy to ensure that it is working effectively in terms of the level of funding available for different apprenticeship standards and the opportunity to link policy on the levy more closely to other aspects of the overall skills programme. Even if the Government do not accept this amendment, I hope the Minister may say something about how they will respond to the widespread perception that the levy as it stands is not playing as effective a part in addressing the skills challenge as it should.

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[Baroness Chisholm of Owlpen (Con)]

I offer many apologies to the noble Lord, Lord Watson. It was so rude of me. I am afraid my tummy overtook my brain, not for the first time.

Apprenticeships are at the heart of the Government’s skills ambition. Given Covid-19’s impact on our economy, apprenticeships are as important as ever in helping businesses to recruit the right people and develop the skills they need.

I want to take a few minutes to outline the principles of the apprenticeship levy and funding as I think that will help to respond to some of the points made. The apprenticeship levy has put apprenticeship funding on a sustainable footing and means that this year £2.5 billion is available to support apprenticeships. The levy has been set at a level to fund apprenticeship training and assessment in all employers—both those who pay the levy and those who do not.

As my noble friend Lady Penn explained in Committee, the funds available to levy- paying employers through their apprenticeship service accounts

“are not the same … as the Department for Education’s … apprenticeships budget.”—[Official Report, 15/7/21; col. 2025.]

This budget also funds additional payments made to employers and providers with apprentices aged 16 to 18. It funds the £3,000 incentive that can be claimed by employers hiring new apprentices. I should like to highlight to noble Lords that these incentives were recently extended by the Chancellor of the Exchequer until the end of January 2022, helping more employers to invest in apprenticeships as we recover from the pandemic.

This is one example showing that the apprenticeships programme is dynamic and responsive to both employers and the wider economic context. In addition, we are delivering a set of improvements and flexibilities that will make apprenticeships work better for employers in all sectors and give employers greater opportunities to make full use of their levy funds. Importantly, we also continue to listen to employers and adapt apprenticeships to better meet their needs. Work is under way to deliver a package of improvements which responds directly to employer feedback so that they can make greater use of the apprenticeship funds.

I think the noble Lord, Lord Storey, will be pleased to hear that, first, we are introducing a new service to make it easier for employers who pay the apprenticeship levy to transfer funds in their accounts to other employers. Large employers are able to pledge funds for transfers and other employers will be able to apply to receive these funds, helping both to benefit from transfers. Secondly, we are helping employers choose more innovative training models, such as front-loaded training and accelerated apprenticeships, which will help apprentices with relevant skills and experience to complete their training more quickly. Finally, we are supporting sectors of the economy which have more flexible working patterns, such as the creative industries. We will shortly launch a £7 million fund to help organisations in England set up and expand new flexi-job apprenticeship schemes.

I should also like to say a little about how we are supporting individuals into apprenticeships. We have introduced accelerated apprenticeships, which will reduce the duration of an apprenticeship for individuals coming from certain T-levels, skills boot camps and occupational traineeships where they have acquired substantial prior learning. This will join up skills opportunities and make them more appealing to both employers and individuals. We are undertaking the largest ever expansion of the traineeship programme for 16 to 24 year-olds, supporting more young people to move into apprenticeships and work. As over 30% of all traineeship starts are by learners from black, Asian and minority ethnic backgrounds, and over 20% of traineeship starts are from learners with learning difficulties or disabilities, our investment will also help to broaden diversity and inclusion. I hope the noble Lord will agree that there are some positive steps we are taking.

The noble Lord, Lord Storey, asked if the programme has shifted from older people. More than half—53%—of all apprenticeship starts continue to be by young people under the age of 25. This compares to 56% in 2015-16, prior to our reforms. As well as supporting young people into employment, it is important to recognise the role apprenticeships play in upskilling and reskilling people throughout their lifetimes. I hope I have made the noble Lord, Lord Storey, happy with what I have said and that he will therefore feel comfortable withdrawing his amendment.

[Lord Storey (LD)]

I think you have made Lord Storey very happy. I felt at one stage like I was in a sort of parallel universe when I was speaking—with people walking past, it was very strange. I reassure the noble Lord, Lord Watson, that I was not proposing that levy funds be used for wages. I was saying that we should be innovative in how we use the levy and that might mean increasing the amount of money we give to apprenticeships.

I was pleased to hear from the Minister about the package of improvements and new models of working. Flexibility is really important. We are all committed to the notion of apprenticeships, but we have to make the wider community and society realise how valuable they are. Maybe we could start in Parliament itself. I wonder how many apprenticeships for 16 to 24 year-olds there are in the House of Lords. Are there any? Perhaps not. Let us say straightaway that we will introduce some apprenticeships in our House. That would be a real start. I beg to withdraw this amendment.

Amendment 34 withdrawn.

Schools: Examination Assessments

Lord Storey Excerpts

Tuesday 12th October 2021 Lords Chamber

[Lord Storey (LD)]

My party would like to welcome the Minister to her new role and wish her well. We also pass on our best regards to her predecessor. My question to the Minister is about summer-born children; she will know that children who are born in the summer could miss a year, 11 months, 10 months or nine months of schooling. Why is no consideration taken of this fact in the guidance regarding assessment?

[Baroness Barran (Con)]

I know that the noble Lord has been a champion of summer-born children, and I understand that he is one himself. As I am a winter-born child, obviously we might not see eye to eye on this. But we have had to take into account multiple elements in thinking about the adaptations for this summer, and we have tried to reach the fairest possible point in both adaptations to the system and in grading.

Looked-after and Adopted Children

Lord Storey Excerpts

Tuesday 28th January 2020 Lords Chamber

[Lord Agnew of Oulton]

My Lords, this has been a particular passion of mine. We have created a unit called Boarding School Partnerships, which is encouraging local authorities to engage far more with boarding schools. We even have an offer by many of the independent schools of a 40% bursary for looked-after children. A study recently carried out by Norfolk showed the longitudinal outcomes of looked-after children or children on the edge of care, and they achieved far greater educational results and indeed often came off the register completely.

[Lord Storey (LD)]

My Lords, as the Minister said, these are the most vulnerable children in our community. They are four times more likely to develop mental health conditions. Surely it is not acceptable that 65% of all looked-after children receive support within local authorities whose services are deemed to fall short of what is expected. Can we have a clear statement from the Minister that this will be tolerated no more?

[Lord Agnew of Oulton]

My Lords, we certainly do not tolerate the failure of children’s services and local authorities. We have made a great deal of progress over the last five or six years. For example, Birmingham was a failing children’s services institution for 10 years but is now out of that. Likewise Doncaster, where we created a trust, is now greatly improved.

Schools: Excluded Children

Lord Storey Excerpts

Monday 27th January 2020 Lords Chamber

[Lord Agnew of Oulton]

My Lords, to put things in perspective, the level of exclusion has remained broadly stable over the last 15 years at 0.1%. However, I take on board the noble Baroness’s comments. More needs to be done in mainstream education, which is why we are announcing and rolling out our behaviour hubs to try to stop children being excluded. The quality of alternative provision also needs to be improved continuously to deal with some of the issues that she raised.

[Lord Storey (LD)]

My Lords, as the Minister knows, the problem is that many excluded pupils go into unregistered alternative provision. In many cases, this does not have simple things such as a register or safeguarding procedures. One of the reasons this happens is because local authorities, which are responsible for this, choose unregistered provision because it is cheaper. They say that they have a quality assurance regime. Will the Minister liaise with Ofsted and the Local Government Association to make sure that this quality assurance regime complies? Finally, where are we up to on a register for all children who go missing?

[Lord Agnew of Oulton]

My Lords, the noble Lord raises a good point on the link-up between the Local Government Association and Ofsted. I certainly recommend that the Local Government Association write to HMCI to outline the issues that the noble Lord has raised. There should be a closer join-up. Essentially, such a school is illegal if it has more than five pupils and is teaching a full curriculum—that is the bottom line of an unregistered setting. If there are failures in the two linking up, that needs to be improved. We have announced a broader review of the whole SEND system, on which we will provide details soon.

Children: Rights and Well-being

Lord Storey Excerpts

Thursday 9th January 2020 Lords Chamber

[Lord Agnew of Oulton]

On the right reverend Prelate’s first question, I will certainly check with officials that the justice system is aware of the provisions that he refers to. Looked-after children is an issue of increasing priority for the Government, as was mentioned in our recent manifesto, and I completely agree that they are one of the most vulnerable groups in our society. One of the initiatives that I have encouraged, for example, is the far greater use of local authorities teaming up with boarding schools which offer 40% bursaries to encourage some of these vulnerable children to join their institutions. We have seen evidence of a dramatic improvement in the life chances of those children.

[Lord Storey (LD)]

My Lords, with a 28% increase in the number of children in care, a 53% increase in the number of children on child protection plans and, as we heard yesterday, a 70% increase in the number of children being excluded from school, are we taking our obligations seriously?

[Lord Agnew of Oulton]

My Lords, we are committed to social care; it is one of our top priorities. In the settlement for 2020-21, we see the largest rise in core spending since 2015; a real-terms increase of 4.3%. On top of that, we are investing £84 million in targeted, evidence-based interventions to improve the support provided to vulnerable children and their families and to enable more children to stay at home, thriving with those families.

Vocational Education and Training

Lord Storey Excerpts

Monday 28th October 2019 Lords Chamber

[Lord Storey (LD)]

My Lords, I start by thanking the noble Viscount, Lord Bridgeman, for initiating this important and timely debate. As we all know, the Queen’s Speech said that “all young people” will,

“have access to an excellent education, unlocking their full potential and preparing them for … work”.

The phrases “all young people” and “preparing them for work” will require a major shift in our schools and our education service if this is to happen.

Currently, about 50% of young people have the capacity to follow an academic curriculum, but the other 50% are caught in a system which is like a straitjacket for their career and vocational aspirations. In schools we have a narrow curriculum, and the introduction of the EBacc is wholly unsuitable for these students. Because of the EBacc, schools have jettisoned other subjects, so we have seen another year in which non-EBacc subjects have dropped further; this time by 11.1%. This of course feeds into our A-levels and a further decline in availability. Design and technology, for example, has reduced by 7.5%.

Can somebody explain this to me? As a country, we have a thriving creative industries sector, which generates 5.5% for the UK economy. There are 2 million jobs in the creative industries, accounting for one in 10 jobs across the UK. By the way, the sector employs 700,000 more people than financial services. However, year by year, as we see this sector grow, creative subjects—music and drama—in our schools are being dropped. One would think we would want to nurture and grow this successful sector by ensuring that young people who have the vocational aspirations to enter it have the opportunity to do so. It is not surprising that school leaders prioritise the EBacc subjects: the other sting in the tail is that 70% of a school’s league table score comes from the results in those subjects. Of course school leaders prioritise these subjects. No wonder Ofsted raised the issue of the narrowing of the school curriculum in a letter to the Public Accounts Committee last year. Its chief inspector said that there is:

“clear evidence of a decline in the quality of education in the narrowing of the curriculum in schools and an endemic pattern of prioritising data and performance results, ahead of the real substance of education”.

For many non-academic young students, a complete focus on end-of-year written examinations is wholly inappropriate. We surely want these students to blossom. Removing most coursework and non-exam assessment and just using end-of-course exams makes those exams extremely high stakes—which, by the way, is a contributing factor to poor mental health among students. Our school system is not vocational education friendly. When a student finishes at 16, schools try to encourage them to stay on in the sixth form—because each student is worth a pot of money—when, in many cases, a vocational course at a college would be more appropriate to their needs. As the House has already heard, the Baker amendment has at least slightly tilted the balance. However, I have heard alarming tales of how schools try to get round the encouragement of vocational courses. Maybe Ofsted needs to look at this.

For the first time in decades we are beginning to see a realisation that if we do not prepare all school students for the world of work, and if we are to provide the skills that our country needs, then the dial needs to be reset. Is it too hopeful to think that we are seeing the beginning, the dawning of a new tomorrow in vocational education? The Secretary of State for Education has talked about vocational education being his top priority and additional resources have gone into the sector. The Augar review set out a vision for England’s higher and further education that, if implemented, will rebalance spending on vocational and technical education. That report also described the disparity between the 50% of young people who do not go to university and those who do. The Augar review was welcomed. Perhaps, when he replies, the Minister will tell the House where we are up to on that and when it will be brought forward.

One of Mr Williamson’s predecessors used to cite other European countries and international tables to bring about changes to education. If we want to see vocational education flourish, we need look no further than Switzerland or Germany or France. I have Swiss relatives and my cousin has two sons who were not academic but have thrived in their education system. Switzerland holds vocational education in equal esteem to academic education. Despite its size, Switzerland is an economic powerhouse. It ranks first in the Global Innovation Index and third in the World Economic Forum’s human capital index. Switzerland’s economy is one of the most inclusive in the world. Switzerland’s vocational and technical education plays a crucial role in preparing young people for the world of work. Two-thirds of young people in Switzerland choose to go down the vocational route, typically at the age of 15 or 16, which involves signing a three or four-year apprenticeship contract. Under Switzerland’s dual system, apprentices typically spend three or four days learning on and off the job at a host company, for which they receive a salary, and one or two days in general education. Pedagogically, the aim is not just to build technical skills but to develop students’ capacities as active citizens.

We obviously cannot just import these ideas, yet there are policy lessons and principles that the UK would do well to consider. I hope that this debate will be the springboard for the renaissance of vocational education that we all hope for.

National School Breakfast Programme

Lord Storey Excerpts

Thursday 5th September 2019 Lords Chamber

[Lord Agnew of Oulton]

My Lords, as I said, any decision to renew the contract for this national school breakfast programme will be part of this year’s spending round, of which headline details were announced yesterday by the Chancellor. My officials are working closely with the contractor on ensuring that breakfast clubs are sustainable. We will announce plans in relation to this shortly. However, I want to ensure that we do not entrench existing suppliers. We must remain alert to other ideas and other methods of delivery.

[Lord Storey (LD)]

My Lords, the Minister will be aware that where breakfast clubs operate it ensures that children’s attendance and punctuality improve, healthy food is eaten, attainment achievement is often improved and socialisation takes place. He will also be aware that 62% of teachers say that increasing numbers of children are coming to school undernourished and wanting food. When this decision on spending takes place, will he put those important issues into consideration so that this programme can not only continue but be extended?

[Lord Agnew of Oulton]

I completely agree with the noble Lord on the importance of a healthy breakfast for children—there is masses of evidence to support the benefits. It improves concentration and provides nutrition, which does not always happen at home. I agree with that. We are reviewing the future of the programme. We had our spending settlement letter and announcement from the Chancellor only yesterday. We want to ensure that we can extend this programme in an effective way. We have targeted it initially in the opportunity areas, which, as noble Lords will know, are some of the areas of greatest deprivation. We want to create a system that is sustainable into the long term.

Education Funding

Lord Storey Excerpts

Tuesday 3rd September 2019 Lords Chamber

[Lord Agnew of Oulton]

I am perhaps more optimistic on rural schools than the right reverend Prelate. Coming from a rural background myself, I know the importance of these schools in communities beyond the simple provision of education. As he quite rightly said, some of the greatest increases in funding will go to these schools over the next two to three years. I am therefore very confident that it will be a huge boost to them.

Early years was not the subject of this announcement. It may be addressed as part of the spending review tomorrow, but it is not in the remit of this announcement.

I hear the right reverend Prelate’s concern on these retakes, but I am afraid I respectfully disagree with him; I think it is incredibly important that they get these base qualifications so that they can progress to their career, but I accept that we need to find better ways of educating. I am particularly interested in edtech, which might bring in ways of teaching that have previously eluded those pupils.

[Lord Storey (LD)]

My Lords, I also welcome the Statement. We are obviously delighted that extra resources are being made available, and I accept the figures that were given. I am concerned about two areas. The first is further education—we heard my noble friend Lady Garden speak eloquently on this subject. While there are extra resources, does the Minister expect that they will increase over the next few years? I have never quite understood—perhaps the Minister could explain this to me—why, if I am a chemistry teacher in an academy or a maintained secondary school, I get considerably more pay than if I am a chemistry teacher in a further education college. Why should this be the case? Secondly, if I am in a sixth form college which is part of an academy chain, there is a VAT exemption. If I am in a stand-alone sixth form college which is not part of an academy chain, the school has to pay VAT. Can that be fair?

My niche question is on behaviour. I was fascinated, interested and delighted to hear about these behaviour hubs and will watch this space with interest. We heard the Secretary of State say, whether it was in the Statement or separately, that he would back schools which permanently excluded pupils from school for bad behaviour. I have always said that teachers have a right to teach and pupils have a right to learn. Schools have to do everything possible to try to ensure that pupils with behavioural problems are supported within the school, but if we move to a system where there is a sort of free rein to exclude pupils, we will see all sorts of difficulties. If we move to that new ethos, will the Minister make available more resources for alternative education? If that is the case, will he ensure that the use of unregistered alternative providers no longer happens? We are seeing young people excluded from school and going into unregistered providers, many of which quite frankly do not deserve to be in education at all. The young people are not even checked in and checked out; they can often roam the streets and get involved in drug and gang culture. That cannot be the case, so what extra resources will there be for alternative education in this announcement?

[Lord Agnew of Oulton]

The noble Lord asks important questions. First, I will try to clarify the difference between FE and the school system, particularly the academy system. FE colleges have a different legal status and a degree of independence which does not relate to the school system. The colleges themselves take the decisions on pay, and one of the anomalies which I must admit I do not really understand is that they tend to prefer to pay all teachers exactly the same rate irrespective of their skills or the particular subjects they are teaching. One of the things that I want to do with this new funding is to find a way of challenging them to be a bit more flexible. As the noble Lord says, if you teach chemistry in an academy and earn X amount, why can you not earn a similar amount in an FE college? I want to get to the bottom of that, to be honest.

Again, VAT status is a quirk of the different legal status of these entities. For example, FE colleges as independent units have the right to borrow, which does not exist in the school system; however, as almost a quid pro quo, they do not have the right to recover VAT. We have offered for sixth form colleges to convert to academisation; quite a lot of them—over half, I think—have done so. Those that have not have reasons for choosing not to, but it is an option that they can consider.

On behaviour, I have just found a note. To answer my noble friend Lord Lexden’s earlier question, the first hubs will open in September next year. In relation to exclusions, I assure the noble Lord and everyone here that we are not for a second suggesting a free-for-all on permanent exclusions. Indeed, in the new Ofsted framework, there will be much more scrutiny of exclusion policies, particularly permanent ones, by schools. So there is no suggestion that we encourage exclusion, but I believe strongly that it is an important tool in the locker of a school where very difficult children disrupt the education of others.

To be clear, an unregistered school is an illegal school. Ofsted has an ongoing programme to track these schools down; when they are located, we close them and take legal action against the proprietors where that is the appropriate course.

[Lord Storey]

I am pleased with the Minister’s answer. In terms of alternative provision, the problem with unregistered schools is that local authorities themselves send the excluded pupils to those institutions. The parents are not deciding that they should go to a particular religious type of unregistered school; local authorities are saying, “Oh, we’ve got this boy or girl, this student, who has been excluded from school. We are going to put them in alternative provision”. They then go for the cheapest option, which is often an unregistered school, with all the problems that that entails. I have asked before whether we can write to local authorities saying that this is not acceptable because they are operating illegally.

[Lord Agnew of Oulton]

The noble Lord is quite right. Sometimes, a local authority may use part-time provision that may be legal but, often, these morph into full-time institutions without the local authority realising. We are in constant dialogue with local authorities on this issue, reminding them that sending a child to an unregistered school on a full-time basis is not on. We are carrying out a consultation of the process of getting schools to take ownership of a pupil once they have excluded them; in other words—this is not agreed yet, but we are consulting on these ideas at the moment—they would be responsible for the ultimate educational results of the child that they had excluded, so they would have to consider the issue much more carefully. We are opening more free school PRUs and APs so that more provision is available. I accept that this is a difficult area, but we are putting a lot of emphasis on it.

Relationship Education Lessons in Schools

Lord Storey Excerpts

Tuesday 16th July 2019 Lords Chamber

[Lord Agnew of Oulton]

The noble Lord asks a number of questions. The first was on how many schools we envisage will start teaching this voluntarily this autumn. We are up to about 1,500 schools having registered as early adopters; when I took the regulations through in April we had about 1,000, so the number has gone up quite dramatically even in a couple of months. It has spread among primary schools as well.

On the teaching of sex education, the noble Lord is entirely right. At primary level, parents are able to withdraw their children from specific sex education. That is not relationship education and it is important to discern the difference, but they have that right. As I mentioned when we debated the regulations in April, they have the right to withdraw their child up to the age of 16 minus three terms, for the reasons we discussed at that time.

The Government give their unequivocal support to teachers and absolutely condemn the aggressive behaviour. It is worth pointing out that a lot of this behaviour is nothing less than misogynism on the part of some of these protesters, and that they are protesting against the teaching going on at the moment, not the teaching that will come in under the new regulations in September 2020.

The noble Lord’s last question was about whether teaching under the Equality Act is voluntary. I can confirm that that is absolutely not the case. The original provisions of that Act insisted that teaching advances equality of opportunity and fosters,

“good relations between persons who share a relevant protected characteristic”.

Those relevant characteristics include sex, race, disability, religion or belief, sexual orientation, gender reassignment, or pregnancy and maternity.

[Lord Storey (LD)]

My Lords, we welcome the Statement. I also welcome the Minister’s robust response. It is important that teachers and head teachers are supported. We have agreed the way forward on relationships and sex education; that must not be diluted in any way at all.

I have been concerned on two levels. First, seeing that particular head teacher face a very difficult situation, I am not sure whether at that moment there was the proper support for that person. I also hear of a number of cases where governing bodies have not been supportive of head teachers, particularly the chairs of governing bodies. What advice might the Minister give those schools where the governing body or its chair is not supporting the head teacher? Finally, children must be taught the skills that will allow them to navigate the modern world as adults. Will he ensure that in addition to SRE lessons, skills such as first aid and financial literacy are included in the curriculum?

[Lord Agnew of Oulton]

The noble Lord made several points. If the school he referred to, where he feels the Government’s response has been too slow, is Parkfield School, I can reassure him that we have been actively involved behind the scenes and in the school. The regional schools commissioner in Birmingham has been to that school weekly, and often daily. I think I am correct in saying that a mediator was hired to try to bring about consensus between parents and the school. A lot has gone on. Our view has been that publicity for these disputes is simply oxygen for the bigots who want to promote their own position. While we may not have been seen to be publicly active, we have been active behind the scenes.

On the important question on governing body support, it is a requirement under the new regulations that a school publishes its policy on RSE on its website. To get to that position, the governing body will need to have supported it.

On the broader question of navigating the modern world, that is why these RSE regulations are so important. It is nearly 20 years since they were last properly updated—before social media or smartphones existed. All the issues they bring to children are being addressed. I will write to the noble Lord to confirm whether the two subjects he raised are included.

Multi-academy Trusts

Lord Storey Excerpts

Wednesday 10th July 2019 Lords Chamber

Asked by

[Lord Storey]

To ask Her Majesty’s Government what assessment they have made of the financial arrangements and auditing of multi-academy trusts.

[The Parliamentary Under-Secretary of State, Department for Education (Lord Agnew of Oulton) (Con)]

My Lords, the financial arrangements and auditing of academies is based on a clear framework and effective oversight, with robust intervention when needed. Trusts must comply with the Academies Financial Handbook, publish audited accounts and have independent internal scrutiny. In November 2018, the academies sector annual report and accounts showed that the vast majority of trusts are compliant with financial requirements; 98% of accounts were unqualified by their auditors and 95% had no regulatory issues.

[Lord Storey (LD)]

I wonder how robust these procedures are. The Minister may recall that, a few months ago, the newspaper headlines were saying that an academy leader had established a love nest in his office and had spent £100,000, I think, on various gifts and pleasures. This went on for a number of years but was not picked up by any audit or inspection—it was a whistleblower who shone a light on what was happening. The Minister will also be aware of the large number of transactions by chief executives of academies to companies that they own or are owned by family members. For example, in 2016 £120 million was spent on contracts with companies owned by chief executives or their family members. Surely, we need systems that stop this happening, because this is money that should be spent on schools and their pupils.

[Lord Agnew of Oulton]

My Lords, I am not familiar with the love-nest situation, but I assure the noble Lord that scrutiny of the sector is robust. From 1 April this year, we brought in a requirement that any related-party transaction in excess of £20,000 had to have pre-clearance with the ESFA, and all other RPTs needed to be disclosed. It is frustrating that I am often attacked about governance in the academies sector while there are also a lot of transgressions in the local authority sector. While researching this Question today, I discovered the 2009 case of a so-called super-head in a local authority school, who was knighted by the Labour Government, was then charged with false accounting and has recently lost his knighthood, been convicted and must repay some £1.5 million.