Schools: Gardening

Lord Knight of Weymouth Excerpts

Monday 24th April 2017 Lords Chamber

[Lord Nash]

I entirely agree with the noble Lord’s comment about the therapeutic effect—both the British Medical Council and Natural England commented on this—particularly for children with disadvantages of some kind. I have seen this for myself in alternative provision schools and special schools. I will certainly pass on his comments about allotments.

[Lord Knight of Weymouth (Lab)]

Given the educational value of these gardens, now that the Minister has had a windfall of time landing in his diary over the next few weeks, will he find time to dig through the weeds of the school funding formula to see whether head teachers will have enough resources for school gardens? Then perhaps the seeds of doubt will sprout about whether the line he is about to give us about the school funding formula is wearing a little thin.

[Lord Nash]

I am most impressed with the noble Lord’s ability to weave into this Question something which might appear to be so off-piste, but he will know, from his experience of having done my job, that when all the MPs disappear to try to get re-elected it is the Lords Minister who does all the work. However, I will attempt to come back to him with a more fulsome answer to his question.

Technical and Further Education Bill

Lord Knight of Weymouth Excerpts

Committee: 2nd sitting (Hansard): House of Lords
Monday 27th February 2017 Grand Committee

[Baroness Garden of Frognal (LD)]

My Lords, I support this amendment and entirely agree with the noble Lord, Lord Watson, on the importance of signalling to international students and staff that they are welcome. Not only are they welcome, they are invaluable in providing teaching skills that we are unable to provide from UK citizens and in bolstering student places in both quality and quantity.

Through this Bill, we would hope to send out positive messages to those from other countries that we are open for business, that we shall honour any commitments to staff or students and that we shall minimise the immigration conditions for all bona fide students and staff who wish to come to our further education colleges or providers. These measures are particularly important now in respect of EU nationals, who play such a significant part in the success of our further and higher education institutions and who are feeling particularly beleaguered and undervalued at the moment, but they are important too for the much wider international community. I hope that the Minister is able to accept this amendment.

[Lord Knight of Weymouth (Lab)]

My Lords, I shall speak briefly in support of this amendment. I want to remind your Lordships and the Minister that FE colleges come in a number of different guises and there are some specialist FE colleges for which this is particularly important. I am particularly a fan of the Ada Lovelace College—the newest college, I think, to be given FE status by the department—which is the National College for Digital Skills, based in Haringey. We have an acute shortage of digital skills throughout this country, including here in London, and there is a massive demand for them. If we can allow more international students to come and take advantage of studying at that college, we would do our economy and some of those young people an enormous service. I urge the Minister to listen carefully, as is his wont, and to be sympathetic to this amendment.

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

My Lords, the Committee will be aware that this issue is already being considered as part of the Higher Education and Research Bill. As a Government, we will want to consider our position across the board, and I can assure noble Lords that we are doing this. This topic is best discussed in the context of the Higher Education and Research Bill, where there will be ample opportunity to consider the issue during the forthcoming Report stage. However, I will briefly address the more specific points of the amendment.

While there are some further education colleges that have centres of expertise or offer higher level study that attract a significant number of international students, such as the one referred to by the noble Lord, Lord Knight, as a whole the number of international students in FE is much smaller than for the higher education sector. Courses are on average shorter, and delivery is more locally focused and reflects local economic priorities. Where colleges take significant numbers of international students, the issues will parallel those that have been considered through proposed amendments to the Higher Education and Research Bill.

I do not propose to repeat the arguments that my noble friend Lord Younger of Leckie made during that debate. I do wish to emphasise that we have and will continue to set no limit on the number of genuine international students who can come here. The controls in place are there to prevent abuse of the system and ensure that the reputation of the UK educational sector continues to be internationally renowned. The immigration statistics are controlled independently by the Office for National Statistics. It is not up to the Government to create the statistical definitions. Our responsibility is to set the policy, which in this case places no limit on numbers of students.

As I have said, there will be an opportunity to debate these issues further as part of the Higher Education and Research Bill, which is the more appropriate forum. In those circumstances, I hope that the noble Lord will withdraw the amendment.

--- Later in debate ---

[Lord Watson of Invergowrie]

My Lords, I shall speak to Amendments 16 and 18, which deal with the issue of representation within the structures of the institute.

Apprentices should be able to influence the way in which their training is developed and delivered. From the front line, they know what has been and is being helpful to and successful for them and, equally importantly, what is not. I hope that the Minister, who has been clear in his support of apprenticeships and apprentices, appreciates that point. The National Society of Apprentices has said:

“At the moment, apprentices have no real opportunities to improve their education. Although most students going through the ‘traditional’ education system at college or university are able to give feedback through their class representative system, similar structures do not exist for apprentices”.


I might add that students can also give feedback through the National Student Survey.

The panels that we know are to be established for apprentices and technical education students were the subject of considerable debate in another place, in the Public Bill Committee. The Minister of State for Skills, Mr Halfon, was clear that he was in favour of them. He gave assurances related to them and the assurances were taken on board. As things stand, they will not be enshrined in the legislation.

We believe that to ensure that a future Secretary of State or Government less welcoming to the needs of those groups of young people cannot sweep away their right to a channel of communication, which is what it is, rather than representation, they are entitled to representation in some form. The rationale behind this amendment, at its most basic, is that it is better to have and not need than to need and not have. The concerns of those directly involved should have a means of being conveyed. At the moment, other than those panels—and we do not know how and when they will be established—nothing else is on offer.

Amendment 18 concerns the need to have a wide range of types of employer involved in setting the standards for the 15 occupation routes. The fear is that, because only employers with a wage bill in excess of £3 million will pay the apprenticeship levy, they will be the most prominent employers involved. Certainly, they will be spread across the sectors and the 15 occupations. That is self-evident. The question is what types of employer—not just the largest—there will be.

What about small and medium-size enterprises? They are very prominent in providing apprenticeships. Many of them feel that they have been marginalised in the current drive towards expansion. Whether that is the case, that is how many view recent developments. Whether the Government achieve their target of 3 million apprenticeship starts will ultimately depend on how many SMEs contribute to meeting that target. They are a vital part of the economy and should not be undervalued by government. If their needs are not factored in and they feel their voice is not being heard in the corridors of power, particularly when standards are being prepared, we can legitimately ask how they can be expected to play their part in this brave new world with enthusiasm. We might also say that of our other major employers—local authorities, for instance. They will be playing a significant role, I hope, in this, and they have to be borne in mind. It is about widening the base of employers involved in setting standards.

Referring to the Government’s proposals for reform of the sector, in giving evidence to the Public Bill Committee, the Association of Employment and Learning Providers stated:

“Reform proposals may not currently be giving sufficient weight to the input of stakeholders and the concerns of and about learners, which must be rectified by the inclusion of stakeholder representatives on the Board of the Institute”.


I am never quite comfortable with the word “stakeholder”, but I get the point that the association is trying to make.

I therefore supported in principle the amendment similar to this amendment that was submitted by the Opposition in another place. The arguments made then stand now, because although we are not advocating a place on the board of the institute—we would, if we thought it was achievable—we are seeking that a duty be placed on the institute to allow representation within its structures for those directly involved in delivering apprenticeships and technical education. If the institute’s foundations would be shaken by such representation, the foundations are by no means sufficiently robust. I beg to move.

[Lord Knight of Weymouth]

This is an important amendment. I very much enjoyed the exchange at Oral Questions today in which the noble Lord, Lord Prior, responded for the Government on the importance of employee engagement. I felt he really understands how important it is in the private sector and, in some ways most surprisingly, in the public sector, particularly from his comments about junior doctors. In that spirit, obviously I hope that apprentices—who, as we have discussed this afternoon, are employees—will enjoy employee engagement with their employers, even though they are apprentices. It is equally important that the institute feels that it is accountable to learners and that the accountability of the institute is not more upwards to the Government than it is to employers and learners.

As I said last week in this Committee, I have general concerns that the dynamic, rapidly changing nature of the labour market presents ongoing challenges to the institute. I was set a challenge by my noble friend Lord Hunt to come up with a solution to some of that before Report. I have been mulling on that and may have at least the beginnings of a solution, but I shall wait to surprise the Minister with it at some future date. The point remains that, if the institute does not have within its structure a way of listening acutely to the learner experience, of assessing the relevance of the qualification in the labour market for learners not only while they are going through their apprenticeship but in the months immediately after they have completed it, and of being accountable to employers of all sizes, as my noble friend pointed out, I worry that our efforts in this Committee to try to help and advise the Government in making the institute a success will be in vain because it will too quickly become out of touch and out of date.

[Baroness Wolf of Dulwich]

My Lords, I shall speak to Amendment 36A, which is in my name and has been placed in this group. It is also about accountability, but a rather broader form of accountability which links the Government, who are encouraging young people and adults to enter training, and the changing environment, which means that many of them are put at risk in a way that was never the case before.

The amendment relates to Clause 13 and asks that any,

“training provider offering publicly funded apprenticeship training or offering publicly funded education training for students aged 18 or over”,

should be included in the requirements of that clause—in fact, what I would like to see is that extended through the whole chapter.

--- Later in debate ---

[Lord Knight of Weymouth]

My Lords, I remind the Committee that I am a patron of an awarding body, ASDAN. Also, as a Minister, I spent three years building a clear, recognised qualification in the form of diplomas, which then got killed off after a huge amount of time, effort and money were spent trying to develop them, although some of them certainly seemed to be well received—engineering comes to mind.

I paid close attention to what the noble Baroness, Lady Wolf, said. I respect the work that she and the Sainsbury commission did. I certainly agree that we need these to be clearly recognised qualifications, but there are a number of ways to get to that point. I remember well the SATS marking crisis through which I had to navigate as a Minister. We had a problem with the company carrying out the marking. We ended up having to dismiss it from the contract and had to re-let the contract. We found that there was only one awarding body with the capacity to do that work. Edexcel effectively had us over a barrel. Happily, it was a responsible organisation and did not want to exploit the monopoly position in which it found itself, but it is really dangerous if you find yourself without the competitive capacity for different people to respond as and when circumstances change.

I welcome what the noble Lord, Lord Lucas, has done by raising this issue and giving us an opportunity to explore it. Clearly, there will be general capacity if different awarding bodies are awarded the contracts for different groups, but there would remain issues about their specialism in the subjects attached to each of those groups. My instinct is that the Sainsbury review might have got it wrong in this case. It may be that I just do not understand well enough what the department has in mind in terms of the model. I may not understand the extent to which it wants to specify the inputs into the qualification, how much it is concerned with the outcomes, how detailed it wants to be, how much it wants to specify the pedagogy, or whether it is thinking that these are wrappers in which you could put other qualifications, so that there is a single overarching contract-awarding body. Perhaps the Minister can enlighten me in his response or in some other way.

As the Committee has discussed, we must put quality first. As I keep saying, we must ensure that we have agility. The time it takes to develop qualifications reduces agility, and a seven-year contract makes me very anxious about how that agility can be preserved as skills needs change in the economy. I am particularly keen that we embed in the design the potential for innovation in assessment and awarding. I see innovative practice going on around the world, particularly by employers using digital badges that can have wrappers put around them to keep up-to-date with skills and the value of an employers’ own qualification, with a meta-qualification on top through the wrapper mechanism. It is crucial that we allow for that. The notion of a single contract for these qualifications, thereby reducing competition, makes me worry profoundly about innovation. I find myself, as a Labour Peer, arguing with a Conservative Government that we want competition. I hope that the Minister will revert to instinct, listen and agree competition is good to improve delivery and agility in the system.

[Lord Storey]

I remember that my nursery nurses were terribly upset when their NNEB qualifications went and they became NVQ level 3. They were devastated, so there is something in a name and perhaps in a bit of tradition. I am a bit torn. I understand the Sainsbury review and the Government saying: let us create and agree a standard for the different pathways and maintain it. That is the qualification we will have so, presumably, various organisations can bid for it and, if they win the contract, the Government will ensure that they maintain the quality and standard.

However, as has been said, there is something about having competition. You have to look only at GCSEs, where the Secretary of State at the time wanted to have a single provider. There was a sort of rebellion against that and it did not come to pass. Schools and young people themselves can choose which awarding body to go for. Different awarding bodies suit pupils for different reasons—the content may match their study. We must think carefully about this. It is important for parents, young people and employers. Getting the name right is important but sometimes people also like letters after the name—there is a later amendment from my noble friend Lady Garden about that. I am caught on this, but I hope that we can explore the best way forward.

--- Later in debate ---

[Lord Knight of Weymouth]

I want to pick up on the very interesting point that the noble Lord raises. If you have a single relationship with a provider, when it comes to renewal you are in quite a perilous place, given the closeness that the organisation will have had to government, in terms of being assured that the retendering will be as fair as can be—and not just in terms of capacity. The Minister said what she said about copyright. I have some concerns about how much valuable work you will get from awarding bodies if they are going to hand over their IP to government, but I will park that worry to one side. Given this closeness to government, how are you going to make sure that the reprocurement will work?

[Baroness Buscombe]

First, it is not being handed over to the Government but to the institute, which is funded—

Technical and Further Education Bill

Lord Knight of Weymouth Excerpts

Committee: 1st sitting (Hansard): House of Lords
Wednesday 22nd February 2017 Grand Committee

[Baroness Whitaker (Lab)]

I apologise that I was not able to be at the Second Reading of the Bill and I declare an interest as a fellow of the Working Men’s College, whose chair I used to be. I support all these amendments but I shall speak briefly to Amendments 9 and 11. Careers advice has not exactly been the jewel in the crown of maintained education, as I think the noble Lord, Lord Aberdare, said. It is imperative that our young people have comprehensive advice on routes to the later stages of education. That will give them the capacity to fulfil themselves as well as help them to build up the technical expertise our economy needs. We have never been in more need. I think that the Government approve of choice, so I hope that the Minister will accept the amendment.

[Lord Knight of Weymouth (Lab)]

My Lords, I also apologise that I was not able to speak at Second Reading and I remind the Committee of my interests in respect of my employment at TES, which is probably where I was when the Second Reading debate took place. As others have said, careers education has been a failure under successive Governments, including the one of which I was a part. It is a hard area to resource well and it is hard for professionals in this area to keep up with the real world. From the contacts I have had with careers education professionals, they feel that the situation is getting worse, but that is for people generally to judge. I certainly mourn the loss of the education business partnerships that were part of keeping schools in touch with employers in their localities.

I join with those who are looking forward to a careers strategy from the Government, as set out in Amendment 2, but I am not sure about Amendment 9 and the need for a platform. I remind the Committee that UCAS itself has apprenticeship routes on it. You can search for apprenticeships on the UCAS website. I also remind the Committee that there are other providers. There is a company called Unifrog, which has been set up by a young man who is a Teach First ambassador. It takes the API feed from UCAS, provides a range of advice around apprenticeships, higher education and various learning providers, and as far as I can see it does that very well. I have some scepticism about requiring the Government to set up websites when others are providing them perfectly well and are probably better able to keep up with how technology is being used on the ground by young people.

I am very pleased to see that Amendment 11 would apply to all schools, including academies. I see that the noble Lord, Lord Adonis, has added his name to it. I remember a similar amendment to the Education and Skills Act 2008 requiring the provision of impartial careers advice, but that applied only to local maintained schools because my then fellow Minister, the noble Lord, Lord Adonis, did not want it to apply to academies. However, there were not very many of those at the time. I also remember that in the following year the Apprenticeships, Skills, Children and Learning Act came in which required all post-16 institutions to give specific advice on apprenticeships.

To an extent, we have been here before. That is why the comments of my noble friend Lady Morris are so important on the incentives, and indeed the disincentives, in the system around giving impartial careers advice. So much is loaded on the intellectual, academic route and, in the end, that is what our schools system is designed for. It was designed in a bygone age to route people towards intellectual destinations in the knowledge that there would be a lot of wastage along the way but that those people would be picked up by the labour market employing them in factories or by marriage to someone who worked in a factory. However, we do not live in that labour market any more.

The substantive point I want to make to the Committee is this: how are we going to keep up with the rapid changes in the skills environment that are going on in the labour market? How do we ensure that these apprenticeship qualifications continue to have currency with the level of technological and demographic change that is altering things so dramatically? How do we ensure that careers advisers know the reality of what is changing? Demographic change means that a child starting school last September has a more than 50% chance of living to be over 100. The only way it is affordable for them to live to such a ripe old age is for them to carry on working into their 80s. They will have a 60-year working life and will, therefore, change career on many occasions. We need a skills infrastructure that allows them to be credited for the skills they acquire in work, to take short, intensive breaks from work to acquire new skills, and to take longer sabbatical periods to reacquaint themselves, if they have been there before, with higher education. How we design that is a big challenge, as is how we give young people through their educational journey, particularly their statutory one, a fundamental love of learning and the skills to learn so that they can retrain as technology deskills them. That way, they will have the resilience and reflective ability to understand that need.

Yesterday, I was discussing an Oxford University study, being done jointly with NESTA, on the skills needed for 2030. It is a bit of a mug’s game trying to predict what those might be, but a good projection is that the particularly vulnerable skills are in transport, customer services and sales, administration, and skilled construction and agricultural trades. These are among the themes that are picked up in the letter we were so pleased to receive from the Minister yesterday and in the 15 routes set out in the Sainsbury review. But some of those will go. For example, we have seen huge investment into driverless vehicles, particularly in Silicon Valley, and know the number of people who will be affected if that investment achieves a return—we can be pretty sure that it will over the next 20, 30 or 40 years. We have also seen the first humanless retail outlets being opened by Amazon. We can start to see some of these changes taking place, and I question how we are going to keep the advice, qualifications and structure sufficiently agile to keep up with the rapidity with which these changes may come and the new sectors that will emerge. We should not be wholly pessimistic about what will happen to the labour market, but advanced cognitive skills will undoubtedly be in increasing demand as artificial intelligence and robots take over some occupational categories.

How often does the Minister see the occupational categories set out in Schedule 1 being reviewed? How often are we likely to review the agility of the qualifications themselves? Qualifications generally are losing credibility with many employers because it takes too long to design them and get them approved. In particular, the suggestion set out in the letter—of procurement on a single licence for each one—means that whoever wins the qualification has to get a return on investment for delivering it. That might lock them into a period that removes the very agility that I am talking about. Finally, and most importantly, how will the new institute work with employers to ensure that that agility is informed by the best possible predictions about future skills needs five and 10 years hence?

[Baroness Cohen of Pimlico]

My Lords, I support the amendments in general. I declare an interest as a director of Parkside Federation Academies Multi-Academy Trust and as a governor of the UTC Cambridge UK. We have had all the difficulties recruiting for the UTC that the noble Lord, Lord Baker, has so eloquently adverted. No school has wanted to let us come in and take their kids.

Education: Newly Qualified Teachers

Lord Knight of Weymouth Excerpts

Monday 30th January 2017 Lords Chamber

[Lord Knight of Weymouth (Lab)]

My Lords, I remind the House of my interests relating to my work at TES. Last Monday, the head of education for the OECD, Andreas Schleicher, was in London, at a meeting of more than 80 Education Ministers. He reminded them that this country is the world capital of rote learning—as opposed to the leading jurisdictions, such as Singapore, Shanghai and Hong Kong, which have far less rote learning because they focus on deeper thinking through mastery. Is not the retention problem in this country that bored teachers are having to fill bored pupils with too much shallow-level content and not enough deep thinking?

[Lord Nash]

I do not agree with the noble Lord, although I have lot of respect for his experience in this area. One thing we have done is improve the knowledge in the curriculum because cognitive science is absolutely clear that to develop skills such as critical thinking, you need knowledge to apply. We are also clear that some of our best groups are now developing much better teaching resources for teachers so that they do not have to spend time devising lesson plans and can spend much more time developing the kind of techniques that the noble Lord refers to.

Grammar Schools

Lord Knight of Weymouth Excerpts

Thursday 13th October 2016 Lords Chamber

[Lord Knight of Weymouth (Lab)]

My Lords, first, I declare my interest related to my work at TES. I congratulate my noble friend on her fine introduction to this debate. It is also a delight to follow the maiden speech of the noble Baroness, Lady Vere of Norbiton. Clearly, her expertise will make an important contribution to our work. I noticed on her Twitter timeline that she recently saw David Gilmour at the Albert Hall, but I think we would both reject his message that:

“We don’t need no education”.

I congratulate her on a fine speech, on joining the House and on her recent engagement.

The 1911 census shows my grandfather William working in a lock-making factory in Wolverhampton, aged 15. Two years previously, he had left school at 13. He had attended a school founded by the Sisters of Mercy for the children of poor Irish immigrants. They taught him to read and write—everything he needed for factory work. With the outbreak of the First World War, William joined up. He fought in the Somme, he was gassed; he survived. The social mix of the war changed him. His new ambitions rejected returning to the factory and he became a salesman.

Thirty years later, his daughter—my mum—made the cut and passed the 11-plus. She went to grammar school and joined the professions in banking. My dad went to the neighbouring grammar school for boys, as did his little brother. They went into articled accountancy and banking respectively. Their two other brothers missed the cut and followed the destiny of their fellow 75% into the forces, farming or factories via the secondary modern.

Twenty years on, my professional parents could afford to buy me and my brother the privilege of going private. We went to an independent school specialising in getting boys into Oxbridge. As a result, we were the first in our family to go to university. We were implicitly promised that if we worked hard, did well in our exams and got a good degree from a great university, we would want for nothing. We could choose our career, get a job for life, join a final salary pension scheme, get a 25-year mortgage and retire in our 50s. That promise is over. I am on my fifth career but maybe as a Peer I have the ultimate job for life. For my children, longevity and technology have changed the game, yet we still have a schooling system designed around that promise.

My family’s story can be told as a great social mobility story—from locksmith to Lord—thanks to selective education. But it is also a story of brothers divided, of your destiny set at 11, of life chances being bought and of education being designed to meet the needs of the economy, regardless of fairness. Selective education is unfair. Those arguments have been well made, particularly by my noble friend Lady Andrews. But I want to argue for a schooling system that meets the needs of our new economy and gives every child a chance to do well in this changing economy.

This summer Foxconn laid off 60,000 workers in China. It was cheaper for it to deploy robots than $5-a-day workers. Around the same time, the first artificially intelligent robot, ROSS, was hired by a law firm, BakerHostetler. No wonder this week’s Science and Technology Committee report on AI calls for a more flexible education system in response.

Most fundamentally, we cannot afford to expand a system designed more than 70 years ago to filter 25% of children at 11 into the professions, knowing that the remaining 75% have a secure economic future working in, or marrying someone destined for, the factory. We cannot afford that wastage in a modern economy where we all thrive together on the basis of everyone outcompeting robots.

As the excellent book The 100-Year Life by Professors Lynda Gratton and Andrew Scott points out, a child born today has a more than 50% chance of living to over 100. Neither the child nor the taxpayer can afford for them to retire any earlier than in their 80s. That 60-year or 70-year working life means several careers and a lifelong relationship with learning, so that alongside recreation that person can also do re-creation as technology continues to deskill us.

As employers tell me—I confess that they are normally part of the global elite which the Prime Minister sneers at—we need much more breadth in school and higher education. We need more human and creative skills as well as STEM skills, and every child needs them. The last thing we need therefore is more narrowing of options through selection, so we have to campaign and persuade the Government to give our country, and the discontented majority, a future but not by creaming off some lucky ones and not by an exclusive academic focus. Instead, we should give them hope through radical reform that is joined up across the three pillars of the re-unified education department—skills, schools and universities—and that believes in the ability of every child.

Grammar Schools

Lord Knight of Weymouth Excerpts

Wednesday 14th September 2016 Lords Chamber

[Lord Nash]

The noble Lord raises an extremely good question. We are surrounded in Pimlico by a lot of schools that, in one way or the other, partly because they are independent, are selective. But through our reforms, we are determined to see the selective sector—all selective schools, including existing ones—engage much more widely with the system, focusing particularly on lower-income households, so that we can help drive a school system that works for everyone.

[Lord Knight of Weymouth (Lab)]

Parents in this country are spending an estimated £4 billion to £7 billion a year on private tuition for their children. I declare my interest in respect of my employment at TES. What is the Minister’s estimate of how much that private tuition bill will go up for those anxious parents and of how many teachers will be displaced from the classroom in order to pursue that lucrative business opportunity?

[Lord Nash]

I am fully aware that tutoring is a thriving business, and I know that many of these tutoring firms provide tutors pro bono to comprehensive schools—in fact, we have such a programme in my own schools. We are working with the Grammar School Heads Association to devise tests which are much more difficult to tutor for. As for the last question, I am not going to predict the answer to that.

Schools: Admissions

Lord Knight of Weymouth Excerpts

Thursday 8th September 2016 Grand Committee

[Lord Knight of Weymouth (Lab)]

My Lords, I congratulate the noble Lord, Lord Lucas, on securing this important debate and on his contribution. I agreed with pretty much everything he had to say, which often happens, but not always. In particular, when I talk about the relationship between parental choice and those with disadvantages, I will echo some of his points.

I start, however, with the new Prime Minister’s commitment to social mobility, made in her first speech outside No. 10. She said that Britain should be,

“a country that works not for a privileged few, but for every one of us”.

I thought that not only would that have been a nice thing to hear a Labour Prime Minister say going into No. 10—they could easily have done so; it sounded a bit like the “for the many not the few” rhetoric used so much by Tony Blair—but that it was a positive sign of her commitment to education.

Parental choice, which is what this debate is about, is designed to improve the quality of education for everyone. The notion is obvious: if you give parents the power of the market in accountability terms, you can improve schools because they can use their choice to go somewhere else—with per-pupil funding, the consequence will be that schools sort themselves out. We know, however, that this does not necessarily work. I represented a rural area in Dorset when I was in the other place, and in the chunk of my constituency in the Purbecks you basically had no choice. You had to try to get your child into the local secondary school because the distance you would have to travel otherwise was, for most parents, prohibitive.

There is, moreover, an assumption that parents will choose on the basis of standards. That is also not always the case. When I was doing the Minister’s job, I recall being particularly frustrated that there was a Catholic school in the east of England that was doing appallingly in examinations but had full rolls. It was oversubscribed largely because of an influx of Catholics from Eastern Europe who wanted to send their kids to the nearest Catholic school. They were exercising their choice but not necessarily in the way the policy intended. So we have to have some caution about parental choice.

The best recent discussion of evidence that the disadvantaged find it harder in an environment of parental choice is in the department’s own analysis, published in January 2014 and authored by Rebecca Allen from the Institute of Education and Simon Burgess and Leigh McKenna from the University of Bristol. They conclude:

“The evidence suggests that what parents look for in a school may vary by social class: middle classes tend to value performance and peer group; lower SES groups may look for accessibility, friendliness of staff and support for those of lower ability. This may lead lower SES groups to select themselves out of high performing schools to avoid possible rejection or failure. Disadvantaged families (by definition) have access to less in the way of resources, which may limit the range of schools which they can consider due to transport costs. More affluent families tend to have access to higher quality information on schools and be more adept at using it. The publication of performance tables and Ofsted reports aims to level the playing field in this regard, but cannot generate informal knowledge of local schools”.

That sums up all of the reasons why support for parents in navigating schools’ admissions arrangements is really important. We have to try and replace that lack of informal knowledge that more advantaged and better networked people have. How many local authorities now offer a choice advice service? As I recall, this was introduced in the Education and Inspections Act 2006, a piece of legislation that I inherited from my predecessor Jacqui Smith when I was a schools Minister. It all passed by in a bit of a haze, but I think that piece of legislation brought it in. It is a very useful service. I had a quick look today at the council websites for the London Borough of Barnet, Nottingham and Redcar and Cleveland. Those authorities clearly have active sites with active advice and are employing people to try to help families in their areas. I would be interested in how much of that sort of service still continues, given local authority cuts and how effective it is.

It is also important to think about how we might develop more peer-to-peer networks so that families from communities that are successfully navigating the complicated picture of different schools’ admissions policies can to some extent be like the expert patients that we have sometimes had in the health service. They are to some extent the expert parents. Can more be done on what the noble Lord, Lord Lucas, said about the use of data? We can then enable private and third-sector smartphone app developers to develop solutions to make it really easy for parents to show their preferences on transport, as well as standards and faith and all the different things that weigh on parents’ minds when they have the anxious experience of deciding which school to choose.

It is really hard for parents to select schools. It makes me want to ask—this is just about relevant to the debate—why we might want to make it easier for schools to select parents. It is really important that we have a tough admissions code. It is really important that we create as level a playing field as possible for parents so that schools are not going out to choose them to make their job easier in the high-stakes accountability that we have in this country.

It is equally important that we do not extend selection. My parents benefited from a grammar school education, as a result of which my father became an accountant. He joined the professions without going to university. My mum was able to join the banking profession. As a result they were able to afford to buy me and my brother the privilege of an independent school education and we were then the first in our family to go to university. At one level, you could say that is a great story of social mobility, but they were the lucky 25% at a time when in the economy there was perhaps a logic to letting 75% go and work in factories or marry those who worked in factories. That logic no longer persists because we now have a very different economy from the one in which the grammar school system was designed. We need to move away from education being used to sift people and being more about an education than a schooling system. I know the Minister is committed to empowering every single child and helping them achieve the best of their talents. Writing off too many through a selective system does not do that.

I also point to the work of Professor John Hattie from the University of Melbourne, who says the data from all the studies around the world show the two things that work are great teaching and what Carol Dweck would call a growth mindset. How do you develop a growth mindset in a bunch of kids who feel that they failed at the age of 11 and no longer have any life chances? No wonder Alan Milburn, the social mobility tsar, calls it “a social mobility disaster” and the chief inspector a load of “tosh and nonsense”.

I cannot help but be diverted to say in the context of this debate that we must not go back to grammar schools. I do not know what sort of information you would give parents in the context of a selective system, especially once their child had failed. If the Minister wants to answer that, I would be most grateful.

Education and Adoption Bill

Lord Knight of Weymouth Excerpts

Thursday 5th November 2015 Grand Committee

[Baroness Howarth of Breckland (CB)]

My Lords, I was not planning to intervene at this stage but I would like to ask the Minister to address a question in his summing up. Like the noble Baronesses, Lady Morgan and Lady Perry, I think that the definition—whatever it is—has to be very clear and simple. My concern about it being simply about academic content and not having just one phrase that adds to the roundness of the whole is that we all know that when schools are under pressure—we all know what a coasting school looks like and when it is defined as such it will find itself under pressure—they will work very hard at the things that will take their scores up, which will be the academic areas. That could be to the detriment of the other areas.

I went to a very good programme that the noble Lord, Lord Nash, arranged. I will say more about that later, but one of the impressive things that the regional commissioners were talking about was how to develop leadership, which in all organisations—and some of us have had to work to change things round—is what is important. Leadership is developed by developing roundness in children. I would just like the Minister to think about how there could be some sort of phrase—a relatively straightforward and simple one—which ensures that schools do not focus just on the academic areas, because they are under pressure, at the expense of developing the other skills that will bring those young people forward and make them the next leaders in schools and in society.

[Lord Knight of Weymouth (Lab)]

My Lords, as has become fashionable, I will start with an apology that I have to leave early and that I was not able to take part at Second Reading because of my other interests. That segues into reminding your Lordships of my interests, particularly in respect of my full-time work, which I am not at, at TES—Times Education Supplement or whatever phrase resonates best with your Lordships.

This is a very interesting, probing amendment to a key clause. I broadly support what the Government are trying to do with coasting schools and any sense of complacency in schools which feel that they are not blipping on the Minister’s radar. Clearly they should be, through the RSCs. I have to say, I baulk at that acronym. If you do a search on TES for “RSC” you get to resources provided by the Royal Society of Chemistry, which frustrates the Royal Shakespeare Company. To have another one entering the lexicon frustrates me slightly, but I am sure that the Minister will be informed by the regional schools commissioners.

There seem to be three issues here: the type of school, the definition of coasting, and the definition of intervention. I would be very interested to hear some clarification on the record from the Minister about the types of school. It seems fairly clear that these are local authority-maintained schools so one’s assumption is that this applies to grammar schools, comprehensive schools and so on. It is particularly important that it is clear that it applies to grammar schools as well as non-selective maintained schools.

Then there is the question of academies. Academies are addressed in the amendment. I recall when I was a Minister—a long time ago now—that we did not want to include academies in legislation because we had separate legal agreements with academies and it became very complicated to unpick those legal agreements because you had to replace them with primary legislation and that created complications with sponsors. I remember the lines that I was given to take extremely well. I suppose I hope that those lines have moved on because we now have a lot more academies. Once you get to the point where the majority of secondary schools, for example, might be academies, you start to worry about the democratic deficit of Parliament no longer being able to properly influence the evolving nature of the governance of academies. They are not part of the local authority family. There is a direct relationship in contract law between them and the Secretary of State. How does Parliament influence them if we continue to have that line to take from the department and the Minister?

Incidentally, I would be interested to have clarification about where university technology colleges and studio schools fit within this. I listened to the excellent Cass Business School lecture by the noble Lord, Lord Baker, where he talked extensively, as one might expect, about university technology colleges and how well they are doing. I am a studio schools ambassador. There is fantastic progress in the performance of children in those small, more vocationally focused schools, although on some of the data it does not look as though they are performing as well on raw attainment. Having clarity around these exceptions is also helpful.

That leads to a second issue to do with coasting. We have heard really good contributions from all sides of the Committee on that. I, too, do not think that we should have an overreliance on data. I welcome the notion that we have better progression data than we used to. When I was responsible for the national challenge, it was very much data-driven and was very hard-edged and raw. The notion that we can do something more sophisticated feels a lot fairer. I agree with my noble friend about the use of the regional schools commissioners’ judgments and other things that inform that.

In the context of a broad and balanced curriculum and the comments of the noble Baroness, Lady Howarth, it is worth saying that I am able to see some of the data around teacher recruitment. For example, I see evidence that it is quite easy to recruit PE teachers—this has to do with the amendment tabled by the noble Lord, Lord Addington—but it is a lot harder to recruit in some other subjects, such as those in the EBacc. When I see evidence around what head teachers are saying they are doing to compensate for being unable to recruit in certain subjects, I see that one of the things they might do is not continue with some subjects if they cannot easily recruit for them. That would create a worrying scenario in respect of a broad and balanced curriculum. I add that comment because it might inform the debate about teacher recruitment that we will have on later amendments.

Finally, on intervention, this amendment is to the first clause, about certain schools being defined as coasting and therefore eligible for intervention. We are all interpreting intervention as being academy status. This Government will be with us, whether we like it or not, at least until 2020. If it is the Government’s intention that they want every school to be an academy, perhaps they should just say that, legislate for it and get on with it, and create certainty in the system. We can then debate real issues about the democratic deficit around academies and the governance of them, if that is what is happening en masse and at scale, rather than it feeling as though they are trying to manoeuvre, lever, persuade and cajole, and do everything they possibly can to get every school to be an academy, without actually saying so. That would be a more honest and straightforward way for us to proceed, if that is the Government’s clear intent. If it is not, and they want local authority schools to thrive, let them say so, clearly and unambiguously, and create a genuinely level playing field, without it feeling, as it does in this case—namely, if the intervention really is to be made to become an academy—as though they are using every excuse to force that to happen.

[Lord Lucas (Con)]

My Lords, I enjoy listening to the noble Lord, Lord Knight, much more in opposition than I ever did when he was a Minister.

I have been looking at the draft of the definition on the DfE website. I think that it has gone way off beam in including in the definition of coasting a measure of absolute performance. Coasting is about relative performance: about not doing well by the kids you have got. If you put a figure in there—you cannot be coasting if you have more than 65% of pupils getting grades A to C, including maths and English—you are leaving out all the schools in the leafy suburbs, grammar schools and schools that are selective in other ways because they have tweaked their educational requirements or are religious schools. They are just as likely to be coasting as schools which deal with a broader range of children. I am very keen that the Government should be clear that coasting is about relative performance and not absolute performance.

--- Later in debate ---

Progress is also a critical part of the proposed coasting definition for primary schools. The progress element is again calculated by comparing the results of pupils with similar starting points. If a school has fewer than 85% of pupils meeting the new expected attainment standard, but the new primary progress measure shows that pupils are making good progress from their starting point, that school will not be regarded as coasting.

[Lord Knight of Weymouth]

How will the progress measure account for churn in schools that have a big churn in population because of migration or Gypsy Travellers or because they are in a mobile community?

[Lord Nash]

I think—although I will write to the noble Lord—that it will not be calculated; they will not be in the stats, because they will not be there at the beginning.

The Bill provides that the Secretary of State will notify a school when it is coasting, and this makes the school eligible for intervention. As set out in the draft Schools Causing Concern guidance, which is currently out for consultation, regional schools commissioners will then consider whether the school has the capacity to secure sufficient improvement without formal intervention. In some cases, a school which falls within the coasting definition may have a new head teacher, governors or leadership team who can demonstrate that they have an effective plan to raise standards sufficiently. In other cases, they may be able to buddy up on a short-term basis with a nearby school and, in others, external support may be necessary from an NLE.

Where appropriate, regional schools commissioners will use their formal powers to ensure a coasting school receives the support and challenge that it needs, which may include becoming an academy. In answer to the point made by the noble Lord, Lord Knight, it is by no means certain that coasting means becoming an academy; there may be many different ways in which schools can improve. As he knows from his excellent work on the London Challenge, that could be school-to-school support. We see one of the advantages of academisation as the clear structure of school-to-school support that it can bring, but that may necessarily be on a temporary basis for a coasting school.

Amendments 1 and 2, tabled by the noble Lords, Lord Watson and Lord Hunt, and the noble Baroness, Lady Massey, and Amendment 5 tabled by the noble Lord, Lord Addington, and the noble Baroness, Lady Bakewell, propose alternative approaches to identifying and addressing schools in which pupils do not fulfil their potential. Amendment 2 gives Ofsted and the local authority responsibility for determining which schools are coasting. Amendment 5 seeks to broaden the definition to include achievement in sports and the arts and access to training, further education and the world of work. My concern with such approaches is that they remove certainty and transparency for schools; it would be unclear for any school whether it would be identified as coasting and, as such, could become eligible for intervention.

Being a teacher or a head teacher is a tough job. It is also in my view one of the most important jobs, if not the most important job, in our country at this time, given how highly geared these roles are to the future success of our country. We want to make the environment in which our teachers and head teachers operate easier, not more difficult, and more certain, not more uncertain. Our schools are inspected by Ofsted; that is right, and there is no doubt that our schools take great notice of this. But there is already enough uncertainty in the minds of our teachers and head teachers as to how their school will be rated by Ofsted without adding to that uncertainty and, yes, anxiety, by adding a vague coasting definition by which they are measured. I am grateful to the noble Baroness, Lady Morgan, for her observations on this issue.

We have chosen to base our proposed coasting definition on published performance data precisely so that schools can easily understand whether their performance will equate to them being identified as coasting. Under our proposed approach, many schools can already be reassured that their 2014 and 2015 performance means that they will not be deemed to be coasting when—looking at three years of data, as we propose—we identify coasting schools for the first time in 2016. Such a certain, data-driven approach has been welcomed by many school leaders and organisations representing them. For example, the chief executive of Outward Grange Academies Trust has said that he welcomes the definition,

“in particular the fact that it is based on performance data not Ofsted and the fact that it is measurable every year and compares performance at similar schools over time”.

--- Later in debate ---

[Lord Nash]

It applies only to 2014 and 2015—and if it is not clear, we will make it clear in the future.

Amendment 5 requires draft regulations to be laid before and approved by each House before they can be made or updated. I hope that the noble Lord, Lord Addington, and the noble Baroness, Lady Bakewell, will allow me to discuss this important element of the amendment when we reach Amendment 8, which proposes exactly the same approach.

Amendments 2 and 9 propose that academies, alongside maintained schools, would become eligible for intervention, and, in the case of Amendment 2, subject to the statutory intervention powers in the Education and Inspections Act 2006, when notified by Ofsted that they are schools where pupils do not fulfil their potential.

I agree that coasting schools must be tackled—whether it is a maintained school or an academy. But academies are not governed by the statutory framework that this Bill seeks to amend. They are run by charitable companies—academy trusts—which operate in accordance with the terms of individual funding agreements between the academy trust and the Secretary of State. We have already published a new coasting clause for the model funding agreement, as I have said. But I want to reassure the House again that, even where academies do not have this specific clause in their existing funding agreement, regional schools commissioners will assess all academies against the coasting definition. Where academies are identified as coasting, RSCs will assess their capacity to improve sufficiently in just the same way as maintained schools, supporting and challenging them to improve and taking action under their funding agreements where necessary.

RSCs have already shown that they take effective action when academies underperform. Since 1 September 2014, when RSCs came into post, they have issued 58 prewarning and warning notices to academy and free school trusts. In the same period, they have moved 83 academies and free schools to new trusts or sponsors, compared to 13 in the previous academic year.

Amendment 2 would remove the Secretary of State’s power to issue an academy order for a school that has been notified that it is a school in which pupils do not fulfil their potential. While some coasting schools may choose to become academies in order to benefit from the strong governance and support of a multi-academy trust, we have been clear, as I said, that enforced academisation will not be the default solution for all coasting schools. RSCs will want to consider whether a coasting school has demonstrated that it has the capacity to improve sufficiently on its own, and in some cases this capacity will be evident, or it may need advice and support, for example from an NLE, and that may be sufficient to bring about the required improvements.

It is important that RSCs have the discretion to make an academy order where it is clear that a school’s leadership does not have the capacity to improve sufficiently and where the school needs the support of an experienced sponsor in order to fulfil the potential of the pupils. We know that sponsors can bring new life to schools. For example, the City Academy Whitehawk in Brighton and Hove opened in September 2013. The year prior to its becoming an academy, only 39% of pupils achieved level 4 or above in reading, writing and maths at the end of key stage 2. By 2015, the provisional figure has increased to 75%. It would not be right to deny coasting schools this support where it is appropriate.

Amendment 7 would provide the governing body of a maintained school with a right of appeal to the First-tier Tribunal when it considers that the data used to define a school as coasting could have been interpreted in a different way. This amendment is unnecessary. Our clear and transparent data-based definition will not be open to interpretation. Schools will be certain, based on the data, whether they have fallen below the coasting bar or not, but regional schools commissioners are already required by virtue of public law to act reasonably in exercising the Secretary of State’s powers. As I said, they will work with schools to consider all the relevant factors when deciding what action to take.

The draft Schools Causing Concern guidance already includes a number of examples of the type of factors they should consider. As I said, we have been clear that intervention in coasting schools will not be automatic. Nick Capstick, the CEO of the White Horse Federation outlined this clearly when he said:

“It is right that the coasting definition is based on transparent performance measures. It is then clear-cut for schools whether they fall within the coasting definition or not. The majority of schools will therefore be able to carry on free from fear that they suddenly and unexpectedly be judged as coasting”.

I know that noble Lords support our ambition to ensure that all pupils, whatever their background, receive an education that enables them to fulfil their potential. I hope that, following this debate and having seen the detail behind our coasting policy—alongside the proposed coasting definition set out in our recent consultation—noble Lords will be reassured that our approach is the right one.

[Lord Knight of Weymouth]

Will the department record the interventions made as they are made on coasting schools against the different categories the noble Lord described earlier, so that there is a dataset that we can then interrogate to understand in practice as it rolls out how that balance plays out?

[Lord Nash]

When we formally intervene, we already publish that information, so it will be in the public domain. In view of what I have said, I hope that noble Lords are reassured that our approach is the right one, and I therefore urge the noble Lord to withdraw the amendment.