Skills and Post-16 Education Bill [HL]

Baroness Wilcox of Newport Excerpts

Committee stage
Monday 19th July 2021 Lords Chamber

To come back to the subject of these amendments, good careers advice and guidance is—in a way that it has never been in my experience—within our grasp, if we do the right things over the next five years. We should commit ourselves to that and make sure that the foundations for it are in the Bill.

[Baroness Wilcox of Newport (Lab)]

My Lords, as furlough ends, no community will be untouched by unemployment. It is vital, therefore, that a joined up, place-based employment, skills and careers system offers adults and young people the recovery they deserve by providing access to quality education and training opportunities. We know that all FE colleges and sixth-form colleges have been required to secure access to independent careers guidance since 2013. However, the quality of careers advice has been subject to frequent criticism and reforms have been made since that time including, as mentioned, the establishment of the National Careers Service and the government quango the Careers & Enterprise Company.

In 2019, the Local Government Association called on the Government to

“end the patchwork of careers activity in England”,

and hand funding and control of employment schemes to local authorities, as they were responsible for providing a careers service prior to the Education Act 2011. It fell on deaf ears. In 2019, the Augar review of post-18 education stated that it believed secondary school careers support to be “still underfunded” and recommended that every secondary school become part of a careers hub run by the Careers & Enterprise Company to work with schools. My noble friend Lord Adonis has taken that idea much further and talked about individuals within schools. I was very lucky to work for 20 years with an inspirational careers teacher called Helen Lima about whom, in our last inspection, an Estyn inspector said, “That is the best careers lesson I have ever seen”. So we were able to give the best hands-on, quality careers advice to our pupils.

My first question for the Minister is: why are schools not already allowing a range of providers to have access to young people as part of their careers education? The Government introduced something similar to this a few years ago in an earlier amendment to the Technical and Further Education Act 2017, introduced by the noble Lord, Lord Baker, who got the Government to accept his new clause as an amendment. However, having to bring this back again clearly demonstrates that it has not worked in practice, and that is why we caution so assiduously about so many parts of this unrefined Bill.

Many assurances have already been given by Ministers on previous days in responses to proposed amendments, saying that we should not be probing about this and seeking to improve the glaring deficits that can be changed only by further legislation. However, let us pause and look at what happened here with careers education. The noble Lord, Lord Baker, has had to revisit his earlier work from four years ago because, unless instructions are on a statutory footing, advice will be ignored.

This clause mandates schools and colleges to give training providers the opportunity to talk to students of certain ages about technical qualifications and apprenticeships. As mentioned by my noble friend Lord Adonis, UTCs have this is problem because they only start recruiting at the age of 14.

In a report published in May this year, the universities admissions service warned that one-third of students are not told about apprenticeships, despite this being a legal requirement for schools. It claimed that only around half of those currently studying in FE colleges receive their entitlement. A survey by UCAS found that three-quarters of students said that it was “easy to find information” about higher education, compared to only a quarter who said the same about apprenticeships. Is this acting in the students’ best interests? I think not.

The UCAS report states:

“While most people appreciate that apprenticeships are there as an option, they are not sure either how to get information … or indeed where they can lead.”


Oli de Botton, the chief executive of the Government’s careers quango, the Careers & Enterprise Company, told the AELP conference recently that it was

“true historically that there hasn’t been enough access for ITPs or enough information about apprenticeships and technical routes for young people”.

The eight Gatsby benchmarks have been mentioned by several noble Lords. The first is “A stable careers programme”. Despite assurances, I believe that we are some way off this stability.

On 16 June 2021, in the other place, the Member for Workington presented his Private Member’s Bill, the Education (Careers Guidance in Schools) Bill, which would extend the duty to provide careers guidance in schools. Mr Jenkinson stated that the Bill would extend the requirements to provide careers guidance to children in year 7 and would also implement the proposals in the skills White Paper.

Therefore, the key here is to ensure that the amendments proposed by the noble Lord, Lord Baker, and others in the Bill are as good as they can be after proper and considered scrutiny by Her Majesty’s Opposition. The key is also to ensure that the Government take full account of past mistakes when legislating in this area, ensure that it is properly put into practice this time and act in the best interests of students, instead of an ideology that serves little purpose or is not rooted in the reality of actual practice in education.

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Academy status should not mean throwing out babies with the bathwater. This amendment seems very sound; it should be straightforward to ensure that colleges could continue their religious affiliation even while acquiring the advantages of converting to academies.

[Baroness Wilcox of Newport (Lab)]

My Lords, I support Amendment 86 in the name of my noble friend Lord Touhig, which would grant the Secretary of State the power to allow sixth-form college corporations to convert to academies without losing their current statutory protections. It would secure the religious character of the Catholic sixth-form college when it converts and therefore enable dioceses to include these new sixth-form academies within their strategic planning of Catholic multi-academy trusts. It will be on very few occasions during the passage of this Bill that I will support the Secretary of State taking back power and centralising control, but this is one of those rare occasions.

The immense change in the education landscape brought about in the English education system by the Academies Act 2010 has required all schools and colleges to consider their future with the Government’s intention to move towards a fully academised system. We have no academies in Wales; we have comprehensive schools run by local authorities. I look forward immensely to the introduction of the dynamic new curriculum—the four areas of learning developed by teachers being introduced to all schools in Wales this September. However, we are talking about England.

While schools and FE colleges can become academies, the 14 Catholic sixth-form colleges in England are prohibited by the current legislation from planning strategically to secure their future. This is a result of the earlier academies legislation, as other noble Lords have mentioned, which failed at the time to address the unique legal structure of these 14 colleges. This amendment would grant Catholic sixth-form colleges the same academy opportunities that all other schools and colleges currently have to strategically plan their future. It is a good example of the unintended consequences of a Bill that is inadequately prepared to work in practice once enacted.

[Baroness Berridge (Con)]

My Lords, I thank the noble Lord, Lord Touhig, for bringing forward his amendment. Although it is always a pleasure to stand at the Dispatch Box on behalf of the Government, it is a double pleasure when—for I think the only occasion in the Bill—the issue falls within my ministerial responsibility. It is a pleasure to speak to it. The noble Lord, Lord Adonis, made reference to Harris Sixth Form; my old sixth-form sadly closed but was reopened a few years later as a 16-19 academy called Harington school, which is an outstanding school in Rutland.

There has been a really vibrant place in the system for sixth-form academies, but there has also been the situation which the amendment seeks to address: sixth-form colleges with a religious designation, if they were to convert to academies, would not retain that designation and would lose some of their religious character and associated freedoms. The Government are committed to supporting existing sixth-form colleges to convert to academy status. I am pleased that a significant proportion of sixth-form colleges have already taken this step and have made a strong contribution to strengthening the academies sector. It was a pleasure to meet Bill Watkin and James Kewin of the Sixth Form Colleges Association, who mentioned the situation with the other section of sixth-form colleges and expressed their desire to look at academisation.

We recognise that there are currently barriers preventing sixth-form colleges with a religious character from converting to academies. This is because it is not presently legally possible for 16-19 academies to have a religious designation, which is of course necessary for Catholic sixth-form colleges in order to retain their religious character around collective worship, RE, recruitment of staff and so on, as the noble Lord, Lord Touhig, outlined. At present, any sixth-form college with a religious character converting to an academy would lose that designation.

We remain keen to take action to facilitate all sixth-form colleges, including those with a designated religious character, to convert to academies. I know that existing Catholic designated sixth-form colleges are keen to join Catholic multi-academy trusts, and I am sure they would make an excellent contribution. We have received further communication from Bishop Marcus Stock, who is the lead Catholic bishop on education and supports the principle of allowing these Catholic sixth-form colleges to become academies. As the noble Baroness, Lady Garden, outlined, if there is any change in the law, it would ensure that other faith groups that establish 16-19 academies can designate them as having a religious character appropriate to them.

The Secretary of State for Education made clear, when speaking in the other place, that we would look at all legislative opportunities to see how this can best be done. We are committed to making this happen at the earliest opportunity. Sadly, however the amendment as drafted could have undesired effects, as it provides that any 16-19 academy so designated is a school in law. This will create legal uncertainty as to the status of 16-19 academies, which are expressly defined in legislation as not schools. A new power would be required to achieve what the noble Lord, Lord Touhig, wants from his amendment.

However, we none the less want to facilitate access to academy status for all sixth-form colleges that wish to convert by enabling the religious designation of 16-19 academies. While this amendment is not the vehicle for it, we remain supportive of the principle. I hope that the noble Lord, Lord Touhig, feels able to withdraw his amendment.