Lifelong Learning (Higher Education Fee Limits) Bill

Debate between Lord Watson of Invergowrie and Lord Addington

Monday 10th July 2023 Grand Committee

[Lord Watson of Invergowrie (Lab)]

My Lords, I shall speak briefly to Amendments 3 and 6 in my name and those of my noble friend Lady Twycross and the noble Lords, Lord Addington and Lord Storey, whom I thank for adding their names. I shall then speak a little more widely on a closely related matter, after I have given some attention to the per-credit limits issue in the amendments.

On the wording of these amendments, I do not doubt that either part-time or distance learners—in some cases they will be the same person—will be treated less favourably in terms of credits than those engaged in full-time face-to-face teaching. It would be helpful to have from the Minister confirmation that there will be a single per-credit fee limit that applies to the whole system and will not vary depending on the mode, subject or method of study.

The main reason for submitting these amendments, apart from that issue, was to facilitate a debate on maintenance support for distance learners. Given the narrow nature of the Bill, an amendment referring directly to maintenance support was ruled out of scope by the Public Bill Office; none the less, its staff then assisted me in putting this wording together. Currently, part-time students studying face to face are entitled to receive maintenance support. However, with the exception of those with a disability, the vast majority of part-time distance learning students are not entitled to maintenance support. The introduction of the lifelong learning entitlement offers an opportunity to make this important change—one that would facilitate greater access to and flexibility around lifelong learning, which is surely something that the Government want.

However, the Government’s response to the lifelong learning entitlement consultation made it clear that, while maintenance support will be extended to all designated courses and modules that are studied face to face, distance learning courses will continue to be denied maintenance support. There is no further detail to explain the reasoning for such a decision. I very much hope that the Minister will provide that information to noble Lords today. As I said at Second Reading, this decision flies in the face of the DfE’s own policy impact assessment for the Bill showing the extent to which financial concerns are a key reason for part-time learners—in particular mature learners, who are naturally more debt-averse—not accessing higher education study. When I asked the Minister at Second Reading why that assessment appears to have been ignored, she declined to provide an answer; I hope that she will do so today, because it is essential that the lifelong learning entitlement extends maintenance support to all learners.

Together with my noble friends Lady Thornton and Lady Wilcox, I raised this issue at Second Reading. Unfortunately, in her reply, the Minister danced around the question, linking it with the status of online learning, which is of course part of distance learning, and making sure that these courses work for those leaving school or those who are already in employment and have this flexibility. Yes, the fact that the maintenance offer will now be available for face-to-face part-time study below level 6 is a welcome step forward for many learners at levels 4 and 5 but it still stops short of including distance part-time learners. My question for the Minister is this: why should distance learners be discriminated against in this way?

The Tory Government have previously signified their support for the introduction of maintenance loans for part-time distance learners. That was in 2017, but, unfortunately, the measure has never been introduced. At that time, it was stated that, subject to satisfactory controls, part-time maintenance loans would be extended to distance learners with effect from the 2019-20 academic year. However, this commitment was abandoned in March 2019 on the basis that demand would not be high enough to make the distance learning loans viable. No evidence was offered to support that claim; again, I hope that the Minister will be able to fill that information void today.

The question needs to be asked: how could it have been known that there would be insufficient demand if that demand had never been tested? Ah, but it has been tested—just not in England. There is solid evidence that introducing maintenance support for part-time and distance learning students makes a difference; its introduction in Wales in 2018-19 illustrates the significant impact on demand for part-time learning. Surely the time has come to learn from Wales—not something that comes easily to DfE Ministers or officials, I suspect. At the very least, this Government owe it to distance learners in England to offer them the opportunity and then assess the results. Extending maintenance loans to distance learning students would help mitigate the current cost of living pressures facing distance learners, which, as I said, are beginning also to have an impact on mature students and discourage them from entering study.

I believe that it is vital to promote lifelong learning by providing greater access to financial support to meet existing financial commitments for distance learners, such as caring responsibilities. I know that the Minister genuinely wants to see the reach of the lifelong loan entitlement extend as far as possible and to secure the best learner outcomes. Extending maintenance loans to distance learners would enhance those aims. I look forward to hearing assurances from the Minister as regards the per-credit fee limit being applied equitably, irrespective of the mode of study. I beg to move.

[Lord Addington (LD)]

My Lords, I do not think I have to add much to what the noble Lord, Lord Watson, said as he is a man who never leaves you in any doubt that he has done his research. However, distance learning should be part of the network and structure of how you acquire qualifications and carry on doing so, updating them as you go through your working life. There cannot be much doubt that it is a good idea, so making sure that alternative forms of study, including distance learning, are covered in the Bill is—well, blindingly obvious comes to mind. We need to have this structure to make sure we are reaching the people we need to get at to improve their lives and, indeed, GDP—that wonderful thing—and productivity. You name it, training is a key component. Making sure it is more easily accessible in a way that is convenient to people, even if it messes up the paperwork a little, has got to be an advantage. I hope that the Minister will say “Yes, we are going to deal with this in another way”, but unless we have something that gives us some assurance here, the Government are missing an obvious trick. I hope that I and the noble Lord, Lord Watson, will go away suitably chastised that of course the Government are going to do this; they just have not told us how yet.

Special Educational Needs and Disabilities Review

Debate between Lord Watson of Invergowrie and Lord Addington

Wednesday 30th March 2022 Lords Chamber

[Lord Watson of Invergowrie (Lab)]

My Lords, the noble Baroness the Minister may be surprised to hear that, having read the review, my initial thoughts are positive—a view that echoes what many in the education, care and children’s charity sectors are saying. She knows that there is a “but” coming, but I will delay that for the moment.

The Statement says that it is proposed to establish a new single, national special educational needs and disabilities and alternative provision system across education, health and care. That is welcome. But there is not a great track record of government departments working together. Too often, there is a silo mentality in the Civil Service, which is long established and often insurmountable. That cannot be the case in terms of this review or it will fail in its aims.

There are three key challenges that the SEND reforms need to address. The first is poor outcomes for children. The second is that navigating the system is often a traumatic experience for families, with many left to reach crisis point before getting meaningful support. The third concerns not delivering value for money. How was it that the £1 billion deficit in the dedicated schools grant, referred to by the Secretary of State yesterday, was ever allowed to happen? He spoke of being ambitious for young people, but where has that ambition been for the past 12 years? Where was that ambition when he was Minister for Children and Families? The Secretary of State cannot disown the legacy of 12 years of Conservative Governments, which have left us with a broken, adversarial and aggressive system that is letting down young people and often leaves families in despair.

So who is responsible for the £1 billion shortfall? The answer is central government, which I suspect is why the DfE appears to want to introduce a funding agreement, or contract system, with local authorities to secure provision. Where else have we heard about funding agreements with the DfE? With academies, of course—so this would be more of the inflexible rod of central government. Will any new system be successful if local endeavour, creativity and innovation are ironed out of it?

A vicious cycle of late intervention, low confidence and inefficient resource allocation is driving the challenges for effective SEND provision. The current system does not prescribe in detail exactly who should provide and pay for local services, leaving it to local agreement and First-tier SEND Tribunals. Similarly, delivery of alternative provision is inconsistent across areas and schools. As a result, parents, carers and providers feel that they have no choice but to seek EHCPs and, in some cases, specialist provision, as a means of legally guaranteeing the right and appropriate support for children and young people. The Government’s reform simply must do much better than this in terms of the support given to parents of children with special educational needs.

It may or may not be a coincidence that the 13-week consultation that the Secretary of State launched yesterday will reach its conclusion at the end of June, which is around the time when the independent review of children’s social care is due to report. That would be entirely appropriate, as the SEND review cannot be seen in isolation—and I do not believe that the Government do see it in isolation.

Early intervention is essential in correctly identifying needs, but the current system often prevents that. All too often, local authorities need to spend on non-discretionary services, such as child protection, taking money away from preventive services like children’s centres. The barriers that prevent children from having their needs met as early and as close to home as possible must be removed.

We welcome the recognition in the Green Paper of the importance of building expertise and leadership in SENCOs. This would dovetail with the Government’s proposals in the skills Bill for SEND to be an integral part of initial teacher training. Perhaps the Minister could confirm that that is how she sees it as well. However, many children with complex and interrelated physical, health and learning needs, such as those with cerebral palsy, autism or communication difficulties, require a specialist approach to education which is provided by professionals with expertise and a deep understanding of their condition and how it impacts on their learning and development.

The reforms that emerge following the consultation should ensure that the best possible use is made of prompt specialist expertise to enable vulnerable children with disabilities to be identified and assessed early, opening the way to delivery of the optimum level of support throughout their education so that they can reach their potential. It is important that alternative provision—too often hidden away—is included in the Green Paper. We also welcome the integrated role and the recognition of the need to improve oversight of AP placements.

The role of colleges in supporting SEND students is understated in the Green Paper, which is contradictory given that the aim of the reforms is to create a system that serves young people all the way through to age 25, from childhood to adulthood. Colleges are a lifeline for students with SEND, many of whom have struggled at school but thrive in a college environment. Many students with EHCPs progress to their local college where they are supported into independence and often into work. Can the Minister say what the DfE sees as the role of colleges in their provision for SEND students and what resources will be made available to support that role?

Resources is, of course, the but. All of this is dependent on the provision of adequate resources and on that score, I fear the mood is more downbeat. I have already mentioned the DSG deficit; the Statement mentions £1.4 billion of capital spend on high needs between 2023 and 2025. Presumably, this is to increase capacity and places within schools. It averages out at roughly £60,000 per school on a one-off basis. Will the Minister say how the Government imagine that capital spend flowing?

Finally, the Secretary of State also says in his Statement that there is to be an additional £1 billion in the current financial year for children and young people with high needs, but then what? Is that figure to be consolidated in the high needs budget? The families of children with special needs of all kinds deserve to be told.

No matter the Government’s good intentions in terms of SEND and AP provision, without the resources to ensure a system that is fair, joined-up and effective from an early point in a child’s life, little will change for those families that so desperately need support for their children.

[Lord Addington (LD)]

My Lords, first I remind the House of my declared interests in this field: I am dyslexic; I am president of the British Dyslexia Association; I am a long-established user of assistive technology and chairman of a company that provides that across the education and working sector.

The best thing about the system is acceptance of the problem. In the current system, you are advised to get legal advice to get the best results. If ever there was a definition of failure, that is it: people cannot get the help they need from the mainstream system which the law dictates unless they have legal support. There really is no bigger condemnation, and I congratulate the Minister on bringing forward something that recognises that. The system we have has not worked. It has not worked for a variety of reasons, mainly, I feel, because the school process, whereby schools take money out of their budgets to support individual pupils, is counterintuitive to the school. They can take £6,000 out of their mainstream budget to support a pupil, but not put £6,000 into training staff to meet the recurring needs.

We talk about pupils with a commonly occurring condition, but I agree that this is not the full package: there is a range of subjects and most people who come into this category have a cocktail of conditions. If they are lucky, with good parents—the tiger parent—fighting for support, a bit of resource, they generally get a decent result, even if they have to pay lawyers. If they do not have that, they get a bad result and will end up in alternative provision. Can the Minister give me some idea about how those who will initially be below the threshold for intervention needed for the plans will get help and support? I cannot see how that will occur.

The noble Baroness will say something positive about SENCOs, which is good, but it requires more than that. It requires a recognition strategy caused by having good teachers, teachers with knowledge, in place to identify and get help in early. Because we all know that is the way it works: identify early, get strategies in place, get structure, and there is less resistance from the pupil. How will we do that with this system? How will we make sure that the system knows what it is doing when somebody starts to fail? Are we going to have a degree of flexibility built into this national plan?

Why can I never remember the exact name of the phonics system? It is specialist synthetic phonics. The Government say that the phonics system is suitable for everybody; guess what? The British Dyslexia Association, the biggest individual group, says it does not work for dyslexics, so we will need an alternative provision of teaching and how to implement that throughout the system to get the best out of the biggest cohort. It is not the only cohort, but it is the biggest. How will we do that? How will we make that work if we do not have a degree of flexibility built in and do not address the fact that certain people will always struggle?

We cannot ignore what happened yesterday. Apparently, 90% of pupils in this country are going to reach literacy standards. I have already identified 10%—and that is a conservative estimate—of those who will have extra problems with reading and writing. We can also stick on 5% or 6% who are dyscalculic. But wait, look at the good news—some of them are included in the first 10%, so they actually have multiple disability problems. It is called “comorbidity”, but I think that “co-occurring” sounds better. You can stick dyspraxia and autism in there, and they are just the hidden disabilities. How will we achieve this unless there are people who can identify early, and not take it to this system of struggling identification? I quite understand that the Minister may well be able to make it less legally driven, but there is a danger that it will go back there.

I hope that the Minister can give us some idea about guidance. If the Government want to achieve their high literacy levels, how about someone who word processes by talking and listening to their computer, as opposed to just tapping the keyboard? That is available to everyone. I know that the Minister has had some experience with this; she is the first Minister I did not need to show this technology to.

A slightly more flexible approach will get far better results here. If the Minister can assure us that, with guaranteeing standards, they agree with that flexibility, all things are possible. If we go back to saying, “No, this is the way we should do it”, and having conflicting stories, we will just have failure—it may not be quite as bad, but we will still have failure.

Educational Settings

Debate between Lord Watson of Invergowrie and Lord Addington

Thursday 19th March 2020 Lords Chamber

[Lord Watson of Invergowrie]

My Lords, I thank the Minister for repeating the Statement. We support the decision to close schools, which was clearly made on safety grounds. I have a list of questions for the Minister, and I ask her to write to me on any that she feels unable to answer today.

What steps are the Government taking to facilitate co-operation between nurseries, schools and childcare providers and local communities? In particular, can she offer clarification on childminders, who are not mentioned in the Statement but play a significant role in out-of-school care? Does the Minister anticipate that education providers will need to pool resources, including staff and premises, in order to care for vulnerable children and the children of key workers? This raises safeguarding considerations because usually DBS checks apply to specific schools and premises, and it may not be possible for people simply to transfer to another establishment. What planning have the Government done in that regard?

What provision will be available for what would have been the Easter holiday period? The Minister will be aware that working parents usually rely on recreational groups, clubs and camps, which will of course not be operating, as well as on grandparents and relatives, contact with whom is being discouraged. The Statement mentions that schools will have the flexibility to provide meals or vouchers to children eligible for free school meals, but as noble Lords will be aware free school meals are a passport to benefits. Given that more children are likely to become eligible for them in coming weeks as the economic impact of this pandemic claims jobs and wages, can the Minister give an assurance that these newly eligible children will also be entitled to the voucher system? I am sure she will acknowledge that we cannot afford a lead-in time for such changes.

We understand that the list of key workers will be issued tomorrow. The Statement mentioned NHS staff, but that term encompasses not merely doctors, nurses and paramedics. Hospitals need countless other categories of staff to function effectively, so I hope the Minister will confirm that they will be regarded as key because that is precisely what they are. There must surely be an absolute guarantee that we can look after the children of parents needed to carry out essential work at this time, including food distribution workers, police, fire and rescue staff and those who are working to produce medical equipment, not least those in industries that have been repurposed to produce essential ventilators. Although she will not want to list the categories of staff at this point, can she clarify whether the childcare being provided in schools will apply to children where only one parent is a key worker, or will it require both to be so categorised?

A major concern to thousands of students and their parents is the abandonment of GCSE and A-level exams. The Statement says that the DfE will work with the sector and Ofqual to ensure that children get the qualifications they need. On Radio 4 this morning, the Secretary of State provided little elaboration on those words, although he seemed to suggest that grades would be awarded based on classwork, but will that be all? I have to say that Education Ministers over the past decade have demonstrated something of an aversion to teacher assessments, which suggests that there might well be an additional measurement, perhaps some form of online assessment. I hope that the Minister will rule that out, as it would impact disproportionately on disadvantaged students, whose home environment, not least the availability of suitable IT, could leave them in some difficulty. Awarding grades may be suitable for those who are doing well, but what about those on the margins? The difference between a 4 and a 5 grade at GCSE can be crucial, and of course all sorts of options are closed to young people who do not have passes in English and maths. What comfort can the Minister offer to those students and their families?

Predicted grades may be sufficient to enable young people to go up to university later this year, but what of those who are already there who will be unable to sit their finals? Most of the restrictions announced in the Statement do not apply to universities, but I hope that the government are not willing to leave all aspects of entry to and graduation from universities in these unprecedented times in the hands of individual institutions. That would produce a patchwork system, not a level playing field, which surely must be avoided.

Never before, not even in time of war, have all schools been closed. These are extraordinary times, and naturally, parents and carers are very concerned. I put on record our thanks to and support for all those working in our education and children’s services through the crisis. They, along with parents and learners of all ages, now seek both reassurance and guidance from the Government.

[Lord Addington (LD)]

My Lords, I associate myself with the last few comments made by the noble Lord, Lord Watson. This is an unprecedented time and an unprecedented challenge. However, we still need a bit more clarification. If we are going to hear later on today about who are the key workers and the categories, can the Minister give us more of a hint about which groups they will go into? Delivery drivers would probably not have been regarded as key workers before this occasion. Where exactly will this go? If a little more guidance could be provided today on the categories of people, if not the exact job descriptions, that would help the situation.

Then we come on to the list of those who will be going to school. I and the Minister have had, shall we say, a bit of cut and thrust already on education, health and care plans, although she has not been in post that long. This is probably an occasion where, to be perfectly honest, the health and care part of that plan is probably more important. Are all people with the plans to be treated in exactly the same way? When I listened to the Commons yesterday, people in special schools was a particularly popular topic of discussion. Will all special schools with a residential capacity automatically be gathered in? Is there any categorisation within them, and so on? The plan seems nice and comprehensive, but it covers a great deal of things. For once, I do not think that dyslexics are a special case here. My group is not the highest priority. Can we make sure that we look at this so that we get practical solutions? It might be a little bit too soon to do this, but then again it has to start functioning by Monday. What will happen there?

The Government seem to have gone to the BBC, saying “Give us a hand”. Have not times changed a wee bit? However, it has a huge resource available to it via iPlayer to enable large numbers of students to continue their courses and study. Will the Government work with the BBC to get particular packages together to help people? For instance, I think you can probably do it at the moment off the top of your head with history programmes for history and English language, and there will be other subjects which I do not bother looking at, so I do not know about them. What are the Government doing there? Also, surely the other public service broadcasters should take this up as well. Is there a co-ordinated approach coming so you have this available? A large amount of support is actually almost at our fingertips here. How are we going to use it? That would be valuable to know.

On free school meals, once again, as the noble Lord, Lord Watson, said, how will this work? The voucher system, again, has to be functioning by Monday. What is happening there, and when will the general public know what is happening? They have to know. It is no good us finding out and then finding out in a week or two. They have to find out what is going on by Monday. Could we have a bit more guidance on that?

Nobody wanted to do this, but if the Government feel that this is the correct thing and they have the advice, we can only go with them. However, we need to know how it will work. Clichés come to mind, but the one about the road to hell being paved with good intentions is nagging at the back of my head here.