Draft Higher Education (Access and Participation Plans) (England) Regulations 2018

Liz Twist Excerpts

Thursday 11th January 2018 General Committees

[Gordon Marsden]

I am grateful to my hon. Friend for making that point. It speaks to a central part of the legislation that we need to consider, particularly in the context of access and participation. I will not go further on that for the moment because I will come on to it in due course. The former Minister said that there has to be a new architecture under the Bill because in many respects the OFS has a different role from that of HEFCE. Therefore, these issues are important. I thank my hon. Friend for raising them at this early stage, and I will come to them in my remarks.

The regulations are important to activate and generate what the Government want to do on access and participation, and what the OFS needs to do. I am afraid that that is where I part company slightly with the Minister. He said in his introduction that good progress had been made, although, as Ministers always should, he wisely used the great caveat, “There is more to do”. There is indeed more to do; although improvement has been made in some areas, far more must be done by both institutions and Government to ensure that higher education is accessible to all and that we can support students through their studies. The recent end-of-cycle report from UCAS offered some concerning statistics, stating that young people from the most advantaged backgrounds are still 5.5 times more likely to enter university with the highest entrance requirement than their disadvantaged peers. The OFS will need to press on that challenge, as little progress has been made in narrowing the gap between those most and least likely to enter higher education since 2014.

It is also a challenge in certain regions. In London, for example, 18-year-olds are now 25% more likely to enter HE than those across England as a whole, and 43% more likely than 18-year-olds from the south-west, for example. That is not just an issue for the OFS or higher education institutions, of course; it is not even necessarily an issue entirely for the Minister or me, given our remits. As the Sutton Trust has said, many of the issues go far back into primary and secondary education as well. However, they are important. As Les Ebdon, the director of fair access to higher education, said last month,

“people with the potential to excel are missing out on opportunities. This is an unforgivable waste of talent”.

The statistics often focus on increasing the number of 18-year-olds going to university, and the Government, when they first introduced the Bill and the White Paper, took that approach. During the progress of the Bill, we were glad to see them wake up a little more to issues such as part-time and mature students, and the one in 10 people in further education who take HE courses. As my hon. Friend the Member for Keighley mentioned earlier, there are still severe concerns about the situation of part-time and mature students. Since 2010-11, part-time participation has fallen by 61% and the number of mature students has declined by 39%. That is a concern for our overall economic performance. Over the next 10 years, there will probably be about 13 million vacancies, but only 7 million school leavers to fill them. If we do not empower people and give them chances, our productivity, our economy and all sorts of things will suffer.

[Liz Twist (Blaydon) (Lab)]

Does my hon. Friend agree that it is crucial for us to address access for part-time and mature students, so we can equalise chances as well as improving our economic performance in future? It is important that we plan to address that aspect.

[Gordon Marsden]

My hon. Friend, of course, comes from a region with a proud tradition of skills, and an equally proud tradition of widening access for older people who have been displaced from their original jobs and must find new ones. That is why it is crucial that the access and participation agreements taken forward—we will come in a moment to the mechanisms for taking them forward—are given a strong basis in the process. The Minister said in his earlier remarks to my hon. Friend the Member for Keighley about part-time and mature students that the plans can take cognizance of that, but the word should not be “can”; it should be “should”. “Should” was the word that we used to the Minister’s predecessor when we tabled our amendments in Committee. We withdrew those amendments on the understanding that the Government would give the OFS a strong steer on that issue. I ask him to make that point today. As I said in Committee in October 2016, the

“importance of part-time and mature students”––[Official Report, Higher Education and Research Public Bill Committee, 11 October 2016; c. 358.]

must be recognised in access and participation plans. As Birkbeck said in its evidence to the Committee on access and participation:

“The vast majority of our students are aged over 21. Most choose evening study because they work full-time…Provision for part-time and mature learners is important for social mobility.”

Will the Minister confirm that HE institutions should take part-time and mature learners into account in their access and participation plans?

The other issue that the regulations will hopefully begin to address is support for students throughout their time at university: not just getting them there in the first place, but ensuring that they have the necessary support and guidance to complete their courses. If institutions are taken over by another institution, that initial commitment to support could—I am not saying it will, but it could—be in jeopardy. This is not a hypothetical issue. There are increasing examples of universities and HE institutions being taken over by other outside bodies, and the latest was BPP earlier this year. What assurances can the Minister give about what would happen to access and participation plans should an institution transfer ownership?

Figures published by the Office for Fair Access showed a worrying increase in the numbers of disadvantaged young students dropping out of university after the first year of their course, and the regulations need to address that issue. Black students, for example, were more than 50% more likely to drop out of university than their white and Asian counterparts. More than one in 10 black students drop out of university in England, according to a report by two charitable universities trusts, the UPP Foundation and the Social Market Foundation. Is the Minister in a position to say how that will be taken into account in deciding on the access and participation plans that are presented to the Office for Students by institutions? As I have already said, the same is true about the drop-out rates for mature students.

I want to move on to the detailed contents of the regulations. The explanatory memorandum describes the current arrangements on access agreements succinctly:

“Currently the DFA is responsible for approving access agreements from HEFCE funded institutions and further education colleges…whilst HEFCE has responsibility for regulating and distributing funding to eligible providers for higher education activities. The OfS will have functions replacing those of both of these bodies.”

That is the crux of the matter, which I hope the Minister will clarify. While powers are still being transferred to the OFS from OFFA and HEFCE, it is unclear how this new balance of power will work in reality. Will the access and participation plans envisaged and detailed in this statutory instrument be not only proposed and overseen—I think that was the phrase used—but approved by the director for fair access, and what role will the OFS leadership play in that? It is my understanding that the current director of fair access will formally step down on 1 April and be replaced—we wish him Godspeed and all well in his new appointment—by Chris Millward. Is Chris Millward already working with Les Ebdon on some of these issues, either formally or informally, and will there be a swift transition or a period of handover after 1 April?

As I said in the fourth sitting of the Bill Committee in 2016, meeting

“the Government’s goal of doubling the rate of young people from disadvantaged backgrounds…will require an acceleration of the process and a director who can continue to offer those robust challenges. If the director does not retain”

in these regulations or in the Act as a whole that authority,

“or if that power can be delegated to others and decisions overturned, there is a real risk”—

I am not suggesting that this would be intentional—

“that the director’s position will be seen as weakened. Believe me, having sat on the Education Committee, I do not think that lawyers and judicial reviews or internal rows in Departments”,

which sometimes detract

“from the work of that Department, are something to be recommended.”––[Official Report, Higher Education and Research Public Bill Committee, 8 September 2016; c. 134.]

The director of fair access himself, in evidence to the Public Bill Committee on the Higher Education and Research Bill, raised those concerns:

“I am concerned that there should be clarity in those clauses to make it clear that the responsibility, particularly for deciding on an access plan and approving it, should rest with the director for fair access and participation. There should be absolute clarity about the responsibility.”

In relation to these regulations, do we have that clarity that the responsibility for deciding on an access plan and approving it rests with the director for fair access and participation?

When it comes to authority, the director of fair access said:

“that should be exclusively delegated to the director for access and participation, so that there is clarity about that particular role—and indeed, a greater power there—and the progress that we have made in recent years through OFFA can be sustained”.—[Official Report, Higher Education and Research Public Bill Committee, 6 September 2016; c. 57-58, Q87.]

What assurance can the Minister give us that the new director for fair access and participation will be able to sustain the work of OFFA in terms of resources and his actual position in the OFS when he takes on these powers? Will he have powers under the Act and the regulations that allow him to be in the driving seat on these issues? The former universities Minister, the hon. Member for Orpington, said during the Committee that it was the intention to give the director for fair access responsibility for that:

“We envisage that in practice that will mean that the other OFS members will agree a broad remit with the future director…on those activities.”—[Official Report, Higher Education and Research Public Bill Committee, 8 September 2016; c. 136.]