Technical and Further Education Bill

Lord Storey Excerpts

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

On the implementation of this clause, it is important that noble Lords should note that the Government will be publishing statutory guidance to which schools must have regard. This is a strong incentive and schools will have to follow what the Government have decreed. That guidance will be published when the Bill has gone through its final stages. The Government will work with Ofsted to monitor compliance with the duty. However, the measure also includes a regulation-making power so that in the event of a large number of schools failing to comply, the Secretary of State may make further provision. For example, she might specify in law who should be given access to pupils and when. This change will be fully supported by the department, and I think that it will be highly beneficial to our education system. It will improve the life chances of thousands more of our young people.

[Lord Storey (LD)]

My Lords, I shall speak generally to this group of amendments and specifically to Amendments 11 and 61. It is important that students’ eyes are wide open and they know exactly what their options are. I could not put it any better than a DfE spokeswoman who, when commenting on Ofsted’s report on careers education, said:

“Every child deserves an excellent education and schools have a statutory duty to provide high-quality careers advice as part of that”.


That is perhaps the most important thing that parents and society want for children and young people. When they go to school, we want excellent teaching and opportunities, but we also want excellent careers education. The noble Lord, Lord Hunt, referred to Connexions. Connexions was good but some of it was pretty ropey. I do not think there has ever been a time when we have had really outstanding, first-rate, quality careers education. I think I have said this before but, interestingly, if you talk to professionals they say that the best careers regime was at the time of John Major’s premiership.

The noble Lord, Lord Hunt, also asked how we can ensure that careers education is of a high quality. It is no good just providing a scheme, a strategy, books and prospectuses, or visitors to schools. How do we ensure that quality careers education is embedded in schools and colleges? The answer is in Amendment 61. The only way we can ensure quality is through Ofsted. It is strange that we do not get Ofsted to say, “Yes, this school or college has quality careers education”. Amendment 61 says that for a school to be good or outstanding it has to have good careers education. I was asked why I tabled this amendment in relation to colleges. We are not talking about careers education in schools, but I hope that if we get significant changes to the quality of careers education in colleges, it will permeate through to schools.

In a sense, the noble Lord, Lord Baker, should not have had to table his amendment. It is bizarre that schools do not invite different providers in, but he gave the answer. First, society has a view that we should go down an academic route. In my children’s school, they said, “Yes, they will do very well in their GCSEs. They will do very well in the sixth form. Yes, they’ll get a university place”. My cousin lives in Switzerland, with two children, where there is a wholly different approach: what is better for the child? The school of one of her children said, “Actually, it is a vocational route”. He went into an apprenticeship and has gone back to university.

We have this tramline approach in this country that there is only one route to go down. We need to break free of that, which is why the amendment is so important. It is also about changing parents’ perceptions. For some reason, parents think that unless their child has gone to a good secondary school, sixth form and university, somehow they have failed education. Is that not sad? We need to make real changes.

We should not have to table an amendment saying that, but of course for head teachers, each child, pupil or young person is a sum of money. Again, we heard from the noble Lord, Lord Baker, that if a maintained school or an academy loses pupils to other providers, whether FE colleges, UTCs or studio schools, it will lose that money. That then blinkers schools’ approach to what is best for the child. Sometimes they will look at the viability of sixth-form groups and say, for example, “Susan would be better going to a UTC or an FE college, but she is quite good at history and the group is struggling a bit at A-level and if we don’t get the right numbers, we’ll lose that group”. So the school pushes pupils down that route. That is the wrong way. Slightly pushing the door open and getting other providers in to make parents aware of what is available and making pupils and young people themselves aware is hugely important.

I mentioned the Ofsted report of last year into careers education, which was pretty concerning. It referred to, for example, chaotic careers education hampering the economy and the lack of an overarching government strategy. I will not go through it all. The DfE responded, and we know that the Careers & Enterprise Company has been established. I hear good reports about that. The Minister will no doubt tell us how the huge £20 million investment is turning things around. However, it is not turning things around for every school or indeed college. I hope that we will not fail our children but will realise that we need good-quality careers education, which is inspected. We also need other opportunities, providers and routes—whether they be academic, vocational or technical—to be part of a young person’s choice in their future education and career.

[Lord Aberdare]

My Lords, as a vice-chair of the All-Party Parliamentary Group for Apprenticeships, I meet a lot of apprentices and am constantly surprised and shocked at how few have either heard about or been directed towards the apprenticeships that they are on through their schools or any formal careers education. As we have heard, schools have an in-built bias towards promoting the academic route and I do not need to say any more about that.

However, with the best will in the world, teachers and parents may have only a limited understanding of the sorts of jobs and careers available in today’s job market, the opportunities they offer and the routes available to access them. Again, as we have heard, the careers education system, if one can call it that, has been at best patchy and at worst shockingly poor. Some good initiatives are beginning to emerge. The National Careers Service offers a valuable central online resource; the Gatsby benchmarks have defined what good careers education looks like, which is important; and, as the noble Lord, Lord Storey, has said, the Careers & Enterprise Company in particular is creating a vital network of enterprise advisers and co-ordinators to support schools.

However, all those initiatives need to be properly linked, and the gaps that even they allow in provision need to be identified, measurement systems need to be put in place and we need a strategy driven by government. Indeed, I am delighted that the Government are committed to producing a strategy later this year. However, there is real value in including a provision for that in the Bill. Part of that strategy, as we have heard, should be a much better, UCAS-like system for identifying and applying for technical education and apprenticeship opportunities. I am delighted that that is promised in the industrial strategy but support the idea of it being incorporated in the Bill through Amendment 9.

I also support the amendment of the noble Lord, Lord Baker. The careers system provides a bit of supply push but unless there is some demand pull, and unless schools want or are required to allow those systems to work, and young people and their parents are aware of them, the system is not going to work.

Finally, I was delighted that the noble Lord, Lord Hunt, reminded me of my visit to the Skills Show some years ago because that was one of the most inspiring ways in which to promote apprenticeships and technical education that I have come across. There was a real buzz about it; there should be skills shows all over the place. There needs to be an incentive to ensure that schools do what we need them to do. I therefore support Amendment 61 to ensure that only colleges with good careers education can get good or outstanding Ofsted ratings.

--- Later in debate ---

[Baroness Garden of Frognal]

My Lords, I support these amendments. We had extensive discussions on these issues during the passage of the Higher Education and Research Bill, and they are no less relevant to further education colleges. Institutional autonomy is as important for colleges, where the people who work in them really know what works for their pupils and students, and academic staff having the freedom to question and test received wisdom is just as important for colleges as it is for universities. So is freedom of speech and preventing unlawful speech, which seems an increasing aspect of student life these days. In a way, it is almost more relevant for colleges as they have such a wide variety of students under their roofs. Both these amendments are entirely relevant to this Bill.

[Lord Storey]

I feel quite strongly about this at both levels. Looking back 10 or 20 years, we would never have thought that we would be debating the need for academic freedom and freedom of speech in 2017. If something is against the law of the land, that person should not be allowed to propagate it in any way, but the notion that students no-platform particular speakers is totally wrong. We should say loudly and clearly that it must not happen. I just want to add my voice to these two very important amendments.

[Baroness Vere of Norbiton (Con)]

My Lords, turning first to Amendment 3, I think we can all agree that academic freedom and institutional autonomy are important considerations. I am sympathetic to the spirit behind the noble Lord’s amendment. The principle of institutional autonomy and academic freedom is already well entrenched in the Bill and in the existing legislation covering further education corporations. In practical terms, the principle is also very much reflected in how the Government support and work with the sector on a wide range of issues and activities.

Further education college corporations are charitable, statutory bodies under the Further and Higher Education Act 1992. Under the Act, colleges are conducted by statutory corporations, which enjoy many freedoms and powers. For example, Ministers have no powers to issue directions in respect of the administration or management of the college, whether regarding employment matters or the content of courses, except in the very restricted circumstances in which the college is failing. As charities, colleges and their governing boards must also be independent from government. The changes introduced through the Education Act 2011 strengthened this independence, for example by removing the power of Ministers to make changes to the instrument of government and articles of a corporation, which was contained in the original 1992 legislation.

The Secretary of State’s powers are therefore extremely limited. As the principal regulator of college corporations, the Secretary of State has a duty to promote compliance with charity law. In clear cases of failure, the intervention powers under the 1992 Act allow the Secretary of State to remove or appoint members of, or issue directions to, the governing body of the institution. But those are powers of last resort, where it is not possible to address failure through other means and there remains a very strong public interest in doing so. In practice, they have never been used. Indeed, outside legislation, the way in which the Government work with the further education sector more generally demonstrates full respect for the principle of autonomy.

For example, the programme of local area reviews which will draw to a close soon is based on the principle that the governing bodies of colleges are the decision-makers when considering the future organisation of provision in their local areas. The Government have established the reviews to facilitate that decision-making, working in partnership with the sector, but have not sought to impose decisions. Similarly, although professional development activities for teaching staff are supported through government funding they are delivered through a sector-owned body, the Education and Training Foundation, reflecting the independent status of colleges and other providers. The legislative framework and the day-to-day relationship with the sector already reflect these principles and there is no need to legislate further. I urge the noble Lord to withdraw his amendment.

I move on to the second amendment in this group, Amendment 7. I thank noble Lords for raising the important issues of freedom of speech and unlawful speech in our further education system. I agree entirely that free speech within the law is a key principle of further education in the UK. We want students to be exposed in the course of their studies to a wide range of ideas and opinions, and to learn the skills to debate and challenge them effectively. There is an existing duty placed on further education providers to take reasonably practicable steps to secure freedom of speech within the law. That duty was introduced in the Education (No.2) Act 1986; it is taken seriously by FE providers and they have raised no issues or concerns with us in relation to its practice.

The requirement in this amendment would place an additional freedom of speech duty on providers so that they must “ensure” that staff, students and invited speakers are able to practise free speech on the premises of the providers, or in forums and events. I am sympathetic to the intention behind this amendment—championing free speech must be central to our further education sector—but it is not clear what such an additional requirement would mean in practice, nor how we would expect providers to change their policies and practices to meet the new standard. I fear the new threshold in this amendment unreasonably and unnecessarily imposes an additional and disproportionate burden on providers, in particular the duty to “ensure” freedom of speech without any caveats. To move away from a standard of taking reasonably practicable measures may well require FE providers to address matters that are simply outside their control. We should be wary of creating cases where a duty to ensure free speech could come into conflict with other, important considerations, such as the security of attendees at a particular event.