Skills and Post-16 Education Bill [HL]

Baroness Morris of Yardley Excerpts

Committee stage
Thursday 15th July 2021 Lords Chamber

[Baroness Wilcox of Newport (Lab)]

My Lords, I move this amendment in the name of my noble friend Lord Watson of Invergowrie. This amendment sets out the complementary roles of schools, colleges and universities by joining up the wider education and skills system so that it better meets society’s needs and gives people the skills they need. Delivering this means ensuring that we develop the right balance of autonomy, authority and accountabilities that will enable schools, colleges and universities to focus on the complementary roles they can play together and with other partners over the long term. This must involve a genuine partnership, with providers empowered to stimulate and challenge articulated demand, rather than act as passive policy recipients. It means ensuring that this is meaningfully accessible to all and involves an effectively joined-up wider education and skills system. Colleges do not work in isolation to meet the education and training needs of their communities. Schools and universities are important parts of the system, so they should be part of the planning process. Amendment 8—in the names of my noble friends Lord Rooker and Lord Bradley, as well—therefore sets out the complementary roles of schools, colleges and universities in delivering on LSIPs.

Currently, there is a lack of a comprehensive, long-term education and skills plan that brings together all parts of the system towards the same vision. Different parts of the system have different policy priorities and initiatives. The current reform agenda is not sufficiently addressing this. It deals with only one part of the system—colleges—without exploring the need for complementary alignment with universities, schools and other providers. At the same time, this means that the role of education and skills in addressing wider policy priorities and strategies is not always recognised—for example, the role of colleges in welfare, health and net-zero policies.

There is a lack of any system to co-ordinate the 16 to 18 offer at the local and subregional level between schools and colleges. This leads to insufficient provision and limits student choice of programme—for example, when multiple competing providers concentrate on a narrow offer at the expense of less popular or minority provision.

At the university level, there is contested ground over the higher technical level 4 to level 5 provision and who is best placed to offer this, leading to unproductive competition between colleges and universities. If a whole education system approach is not taken to local skills planning, there will be a disjointed system that is not efficient or effective in its use of public money and does not best meet the needs of students and employers.

There should also be an exploration of a national 10-year education and skills strategy sitting across government, to deliver on wider policy agendas and to give stability to all parts of the system, creating a duty on schools and universities to collaborate with colleges and employers in the development of skills plans, so that the training on offer efficiently meets the need of local areas. I therefore beg to move.

[Baroness Morris of Yardley (Lab)]

I rise to support this amendment. This is such an important issue, but I can see that is difficult as well.

When I started teaching, which was many years ago, in Coventry, it was very clear which provider offered which course. The advantage was that it was very straightforward for children and schools to know where to go for catering, engineering, electronics or whatever. The disadvantage was that it squeezed out competition, which can raise standards and creativity. It is somehow getting that balance that we are looking for. I would welcome the Minister explaining how far the Government are prepared to go to make sure that there is some sort of co-ordinated provision within each skills partnership. It makes sense to allow providers to play to their strengths and it is also essential that courses that might not be economically viable but are important for the local or indeed the national economy are supported to stay open and be made available. So it is a tricky issue and I cannot recall so far in the debate on this amendment hearing the Minister outline the Government’s views on this.

To bring universities in, my noble friend Lady Wilcox made a very strong point. In the old days, it was just further education courses that were co-ordinated, but now we have a growth in private providers and universities in these contested levels as well. So in the name of clarity for students and users, and for the needs of the economy, we need some guidance from the Government about a co-ordinated approach, making sure all areas are covered. Basically, what happens is that all providers want to provide the cheap courses, and the machinery-heavy courses do not get offered. Schools are happy to go into vocational work, as long as it is classroom-based and they do not need specialist teachers. That very often leaves the college with the courses that need highly specialised tutors and heavy equipment. I would welcome the Minister somehow making sense of all that in her comments.

[Lord Liddle (Lab)]

I support what my noble friends Lady Wilcox and Lady Morris have said. I strongly support the case for more co-ordination. It is not clear to me, in the Bill, how this is going to work, and I would like to hear an explanation from the Minister of how she thinks co-ordination will be made to work at a local level. The idea that a Secretary of State sitting in London can get into the question of which school should offer which course and how we deal with the problem that my noble friend Lady Morris described is not going to work.

There is the Education and Skills Funding Agency. In the period when I briefly had something to do with it—when I was advising my noble friend Lord Mandelson, when he was Business Secretary in charge of skills—I did not get the impression that that body had the capacity to do this job of co-ordination. It was basically responsible for making sure that public money was handled in an accountable way. What I would love to hear from the noble Baroness is an explanation of how central government intends to approach this question of co-ordination at local level. In my view—and here there is a big lacuna in the Bill—this is most effectively done by councils and mayoral authorities. It should be a devolved matter; it is an opportunity, in my view, to strengthen devolution within England. I do not sense that the noble Baroness shares that view. Perhaps she will explain to us, if she does not share that view, how she thinks this task of co-ordination will be carried out.

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[The Deputy Chairman of Committees (Lord Rogan) (UUP)]

I call the noble Lord, Lord Young of Norwood Green. The noble Lord is not online, so I call the noble Baroness, Lady Morris of Yardley.

[Baroness Morris of Yardley (Lab)]

May I say to whoever’s job it is, it would be useful to have list of people who have withdrawn from speaking; it is really difficult to know when we are about to be called, but that is a different matter. I rise to support the amendments, particularly Amendment 24, and to agree with my noble friends Lord Watson and Lord Liddle.

I understand completely why the Minister and the Government want local voices to have a say in what the nature of the partnership should be. That absolutely makes sense. Our country is very rich in diversity, with urban areas, rural areas, clusters of villages and small towns. I can see that see that the same model for everyone might not work. If the starting point is trying to let local people feel that they have ownership of this, I can see that and I share that starting point. What I think is a recipe for disaster is not to offer any guidance and to explore with everybody exactly what the criteria might be to determine what the local partnerships are.

I am not sure whose job it is to propose what “local” means. Does it have to be negotiated locally? That could take some time. Anybody who has been to a constituency Boundary Commission review will know how tempers can rise when talking about anything that has a boundary. I am not sure who it is who comes up with the idea in the first place of what the local area is. I am not sure what the criteria are that they have been advised they should make their decision against. I am not quite sure of the process by which somebody somewhere says, “Yes, that local partnership is local and covering the right areas.” I am not sure what happens to any geographical area that no one wants and has not managed to get a place in any partnership. There are, very often, left-out areas. There will be some areas that are really popular, and everyone will want them in their area; there will be some that are really tough and challenging, and no one will want them. I am not sure how all that is to be sorted out.

What I would be looking for is to keep that idea of not forcing the same on everybody, but within a much stronger framework of guidance than we have at the moment and a clear idea of process. It puts me in mind of when, some years ago, the Government—I think it was the coalition Government actually—set out regional schools commissioners. They decided to have no regard to any existing boundaries. So, instead of following the local authority boundary or a government office boundary, they made it up as they went along. It was an utter disaster, and there were some poor people having to negotiate with more than one regional commissioner at any one time. All that happened was that bureaucracy flourished. With the number of hours that were spent by one local authority that had schools within two regional schools commissioner boundaries, it just was not a model to follow. The Government, very sensibly, got rid of it and, I think, made sure—I may be wrong about this—that it followed the government office regional boundaries. I may be wrong about that, but it certainly makes sense now, and I know we are not spending as much time trying to chase appropriate regional school commissioners.

Therefore, I cannot see any example of where this decide-it-yourself, let-us-see-what-happens, get-on-with-it model actually works. It might not be something people like but—to be honest—let us get on with the job. Let us not set up a system where we will spend hours fighting about the nature of the structure that delivers it, rather than using our resources, energy and effort on what should be delivered.

[Lord Aberdare (CB)]

My Lords, the noble Baroness, Lady Berridge, has rather pre-empted some of what I intended to say in support of Amendment 24. I very much welcome the announcement of the first group of trailblazers. It is, of course, the intention that all areas of the country should, in due course, be covered by a local skills improvement plan. I very much agree with some of what the noble Baroness, Lady Morris, and the noble Lord, Lord Liddle, have said about how we make sure the whole system works.

Now that the first employer representative bodies have been designated, and the local areas for which they are responsible defined, it will surely still be necessary for the Government to provide and update guidance on the criteria against which further bids will be evaluated, as required by this amendment and as we learn about the experience of that first group. There needs to be a broad package of guidance addressing all the issues that we have discussed so far in our debates. That is not just on how local areas should be organised to ensure there are no not-spots, as mentioned by the noble Baroness, Lady Morris, but also on who should be involved in LSIPs, what their role should be, what resources are available to them, what reporting and monitoring is required and so on.

It remains rather difficult, at least for me, to assess the merits of LSIPs in the abstract. I was very taken by the suggestion from the noble Baroness, Lady Neville-Rolfe, last week that the Government might share one or two model LSIPs with us to help us in our scrutiny of the Bill. Will the Minister clarify as much as she can, in her response, what plans there are for guidance to be provided, not least in time for the next stage of our own debate?

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[Lord Lucas (Con) [V]]

My Lords, I shall speak also to Amendments 33 and 85. All three amendments in this group address the same question of providing access for the local skills improvement organisation to clear and consistent information on skills that are required nationally. I am very grateful to my noble friend for announcing the trailblazers today and am delighted to see that I find myself living in one of them—which is three hours wide, and that is on a good day. It is really quite hard to see how an organisation will hold together a coherent view across the many businesses composed in a spread that wide. It is also hard to see, given the current make-up of the chamber, how it will have access to a deep skills base in areas where Sussex is not currently strong.

There are a lot of skills required in the City of London which are not well represented in Sussex, which is not one of the great centres of the IT industry. There are a lot of areas where it does extremely well, but it is hard to see how you can take an organisation such as the Sussex chamber of commerce, which does very well in trying to knit together the varied economic landscape across this very hard-to-travel region and turn it into something that knows everything about skills in the local area, let alone something that has a real grip on skills nationally, unless we are providing it with a strong source of information on the national picture that it can build into the foundations of what it is trying to achieve locally.

When we last met, my noble friend the Minister referred to the skills and productivity board, which was announced last September and launched in November, with a letter from the Secretary of State saying that within the next 12 months he hoped to have information from the board on what the national skills needs were, how that would change over the next 10 years and how we should be focusing on productivity growth. As of today, as far as I can find, the organisation has no website; it has not reached out to people to discuss these affairs, and the only activity that I can discover is a contract it put out for a scoping study to help it develop a functional skills taxonomy by the end of June. This does not feel like a body that is moving with pace. It certainly does not feel like it is going to get anywhere effective by the end of November.

Perhaps my noble friend can fill us in a bit more than the skills and productivity board has felt willing to do on where it has got to and why a body that is largely composed of professors will be able to fulfil the remit it has been given. It is crucial that the Government get this right, and I am not at all clear that they have.

[Baroness Morris of Yardley (Lab)]

My Lords, I support these amendments. This Bill is full of good intentions and starts with a lot of good will—people want it to succeed and the nation needs it to succeed—but it is becoming increasingly clear that the backbone, the foundations on which we can build other things, is just not there. It is missing.

I understand it is difficult to know what to put in legislation and what to develop as you go along. I understand that that balance is always difficult, but I think the Government are erring on the wrong side. Like almost all the amendments we have been considering today, this is another one asking for clarification of the Government’s role in setting a national skills strategy, and in particular—the noble Lord, Lord Lucas, has rightly brought up on previous occasions—their role in almost future-proofing the skills needs of the nation.

Local people might know what needs to be done to provide a skilled workforce for the present economy, but I am not sure they have got time to speculate on the what the economic and skills needs might be in 10, 20 or 30 years’ time. That needs a broader discussion and I am left wondering again what the role of the Government will be in their relationship with the local skills plan. Surely the Government are not going to say, “Get on with it, regardless of what we have decided at national level”. The national skills strategy should be what our experts say the skills needs in the next couple of decades might be.

The Bill lacks a clear vision of what the structure is, and as long as that is the case, we will not make progress. I would sooner the Government gave us something that we can amend and debate and move forward with, but they are not giving us anything. The guidance is delayed; it is not there in the Bill. There is hardly anything to debate—it is like whistling in the wind and guessing what the Government might intend. On this amendment, I am not sure how all these different locally determined, local skills plans are meant to fit in to the national skills strategy.

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[Lord Addington (LD)]

At least I have got that confirmed; I thank the noble Baroness for that aside.

The point here is about “Students like us, how do they do and what do they go through?” I have heard it from many people, and indeed from members of my own family. Two of my nephews are of mixed race and are wondering “Where do we go where people like us are?” We have to get this information out, because it is a perfectly normal thing. You are leaving the support structure of home and your parents, but there is some way of intervening.

The noble Lord, Lord Willetts, referred to special educational needs. We have a universal package there called the disabled students’ allowance. We have a structure within universities that means you actually have to give things. Members of the Front Bench have sparred with me on this—I think “sparred” is quite accurate—in the past. There is a structure of support and a standard, and you can take action if that standard is not fulfilled. That is difficult, but it is there. You have a support structure going through.

So having more information about what happens here and what goes on will not hurt. It is not that big an ask. People are posting about entrance requirements and groups are coming across—it is happening at the moment. I suggest that having more information gives a better guide to what can come out of the experience and what other people are experiencing on their way through. I think this information is being gathered in many places anyway, usually for internal commercial reasons by the institutions. It would not hurt to have it in there.

I do not know whether the Government are in the mood for accepting amendments at the moment. I always remember when it happened to me many years ago; it stunned me into silence for the rest of the evening. It may be a bit late in this day for doing that, but I just throw that out. It would be something that would be quite good to have. I would hope that the Government at least give us some idea that they are encouraging, if not requiring, people to do it.

[Baroness Morris of Yardley (Lab)]

My Lords, this is a particularly important group of amendments and the debate on it has been very good. I support all the amendments in this group. They have been very well spoken to by the people who put them down. I really want to add support and try not to go over the same points again.

They fall, basically, into two groups: the first on mental health and well-being and the second on how we measure outcomes. I will briefly comment on both. I very much support the amendments put forward by the noble Lord, Lord Lucas, and the way in which he put them forward. I was going to say that I was not sure the amendment was the right way to solve the problem, but he said it beforehand, so I see the amendment as very much drawing the issue to the attention of the Government and wanting a response.

My experience really came from when I was chair of council at one of the London colleges. I had the honour of giving out degree awards at the ceremonies twice a year. There is nothing as heartbreaking as giving out a degree posthumously to the parents of a student who has passed away through suicide. It is absolutely heartbreaking, and it happened more than once. That was just my experience at a relatively small college, and it will be replicated throughout universities.

We think of those children as adults, and they are: they are legally adults and they do adult things. But to begin with they are only a year out of school. By the time they graduate, they are only three years out of school, and children—young people, adults—develop at different rates. Somehow, we put a whole chasm between the pastoral support they get by the end of school, and the lack of pastoral support they get at the start of university. Somehow, we have to build a bridge between the two, particularly with academic high-flyers. There is often an emotional inability to cope with failure. One university lecturer said to me once that they had had an overseas student who committed suicide. They had to greet her parents from China and go through what had happened. They did not know, but their view was that it was the first time the child—the young woman—had ever found it difficult to come top of the class. She has come top of the class right the way through everything; she gets to a Russell group university and she does not come top of the class. She did not have the resilience to know how to deal with that.

We could spend a week discussing this, but the noble Lord, Lord Lucas, got this absolutely right. Universities hitherto have been slow to see this as an issue that they have a role to play in addressing. I should give credit to the Government, because I think I am right that they did something recently that means universities can tell parents if they feel their child is at risk. Certainly, in my day, when I was chair of council, legally a university could not phone up the parents without the young person’s permission, to say they were at risk.

The only way in which I would disagree with the noble Lord, Lord Lucas, is that I am not sure they need to be “watched”—I think that was the phrase he used. Universities need to be worked with to make them realise that this is a core part of their job. Once they can see that, they will extend their considerable prowess and commitment and care for their students into pastoral health, mental health and well-being, as much as they offer academic support. But they are at the beginning of that journey and anything the Minister can offer in this Bill, to give them the powers or the freedom, or just the direction, to do this, I certainly think would be a step worth taking.

I also want to say a little bit about the other amendments to which the noble Lord, Lord Willetts, spoke. This is also exceptionally important, because I absolutely agree with the premise that universities ought to be measured by student outcomes. It would be silly not to take into account student outcomes. We take them into account in schools. Why we would stop doing it when we get to universities, I am not quite sure.

I do not think we have a great record so far in deciding what outcomes universities should be measured by. I will not go into it, but I am a bit critical of some of the teaching excellence framework, the TEF criteria for success. One measure is whether their students are in employment 12 months after they finish their degree. For some subjects, they are not likely to be in employment in a degree-level subject. People in the creative arts very often make do for a year while they are finding their feet. They very often work in a pub or a restaurant while they are doing the creative work. Measure them in five years’ time and they will be flying, and that is a credit to their university, but it will not get the credit if they are not in a degree-level job after 12 months.

One measurement that is not used by the teaching excellence framework but is regularly used by the newspapers that publish the tables is the A-level mark needed to get into a university. If universities want to take risks and bring on young people who got Ds and Es at A-level and say, “We believe in them and want to give them a chance; they come from an area of disadvantage”, they get marked down in the league table. Why on earth would they do that? I thought that was what we wanted to do.

I do not think there is a very good record of getting the outcome measurement right. Universities are partly at fault because they did not want this and did not engage in the discussion. I think they left others to decide what the measurement outcome should be and are paying the price.

I have a couple of specific points. I agree with the noble Lord, Lord Willetts—why would we not want this extra information? Why would we not want to know what universities have achieved, in terms of outcomes, with specific groups of students? It adds to what we know about universities and it means that when we are developing policy, we can do so with more knowledge about how existing policy affects different groups of students and different institutions than we would have without this information. I cannot see one good reason for not requiring that information at this level should be collected. I look forward to the Minister’s response.

Clause 17(7) says:

“The OfS is not required”


to collect this information. I think it should be required, but will the Minister confirm that neither is it banned and that it could collect it if it wanted to? The noble Baroness is nodding, so I take it that it is allowed to collect it. That leads us to the question of whether it should be up to the Office for Students to decide whether this information is collected. It should not be up to the OfS, because it is useful to other people as well. I want to know it, as somebody who is involved in education and interested in policy-making. The Government should want to know it; the universities should want to know it; employers should want to know it. Why should the Office for Students not collect it so that others can have that information? Whether the OfS or the Government do anything with it is a different discussion, but not to collect it means that no one else can do anything with it.

My last point is that the world of schools is far more advanced in collecting data about pupil progress: it is 20 or 30 years more advanced. It has been through a lot of pain and made a lot of mistakes, but it is in a better state now than the universities. I just hope that the Office for Students learns lessons from those decades of trying to get the collection of data improved in schools.

One thing that ties into the amendments of the noble Lord, Lord Willetts, is that, to begin with and for many years, Ofsted and the examiners did not discuss with schools what the outcome measurements would be. All it created was a very poor relationship that has not done well for children, teachers or schools. We are still trying to get over it, so I very much support the amendments proposing that the Office for Students, in developing these measures, should discuss them with universities and all higher education providers. We are setting the framework now for the next stage of using measurements of outcome for university; it is really important that we get it right and I very much hope that the Government’s response to these amendments will give us greater clarity and perhaps highlight areas where further attention is needed.

[Baroness Whitaker (Lab)]

My Lords, I support all the amendments in this group and shall talk about Amendments 63 and 66 in particular. For far too long, pastoral care in these institutions has been inconsistent, sometimes even unprofessional and neglectful, to the great detriment of students’ achievements and well-being. Like other speakers, I personally know of suicides and cases of severe depression among students that I think could have been prevented, and there are plenty more in the statistics. It is only right that the institutions should be evaluated on these grounds.

On Amendment 66, because discrimination is often associated with mental health vulnerability, there are many such cases among those in the Gypsy, Roma and Traveller communities who have struggled through obstacles to gain entry into higher and further education. It is important to publish different student characteristics to get a proper handle on the data, as this amendment proposes.