Higher Education and Research Bill (Ninth sitting)

Roberta Blackman-Woods Excerpts

Committee Debate: 9th sitting: House of Commons
Tuesday 11th October 2016 Public Bill Committees

[Paul Blomfield (Sheffield Central) (Lab)]

I beg to move amendment 286, in clause 25, page 15, line 17, at end insert—

‘(3) In making arrangements under subsection (1), the OfS must, after a period of consultation, make—

(a) an assessment of the evidence that any proposed metric for assessing teaching quality is in fact linked to teaching quality; and

(b) an assessment of potential unintended consequences which could arise from an institution seeking to optimise its score on each metric, with proposals on how these risks can best be mitigated.

(4) The assessment under subsection (3) must be made public.”

This amendment would require an assessment of the evidence of the reliability of the TEF metrics to be made and for the assessment to be published.

It is a pleasure to serve under your chairmanship, Mr Chope. I hope this is a proposal on which we can find agreement across the Committee. With this amendment, I am seeking to reflect the recommendation made unanimously by the Select Committee on Business, Innovation and Skills, when we looked at teaching quality in our recent report. There were some areas where we robustly did not agree, but this is a matter on which we did, and I am sure that if I deviate from that consensus, the hon. Member for Cannock Chase will pick me up on it. Although we fully endorsed the Government’s focus on teaching excellence, in the light of evidence we heard we were concerned about getting the arrangements right. The metrics being proposed were not, as the Government recognised, measures of teaching quality; they were rough proxies.

The three key metrics are employment, retention and the national student survey. We discussed employment briefly under earlier clauses. In all the evidence we received, and certainly across the Committee, it was recognised that employment destination, although important, is not a satisfactory measure of teaching quality. That is an important point, and it is an issue that the Government are concerned about in relation to their work on social mobility and creating opportunities, on which the Prime Minister has put great emphasis. If someone comes from the right school and the right family and goes to the right Oxbridge college, it does not matter how well they are taught; they will probably end up in a good job; that is widely recognised. Employment destination is not a measure of teaching quality. The Select Committee were concerned that that is a flawed metric for measuring teaching excellence. That is not controversial; it is something on which we find cross-party agreement.

[Dr Roberta Blackman-Woods (City of Durham) (Lab)]

My hon. Friend is making a powerful case. Even allowing for benchmarking, universities experience very different local labour markets that students can easily move into. Does he agree that that has not been sufficiently taken on board by the Minister?

[Paul Blomfield]

My hon. Friend highlights a point made to our Select Committee: a simple, crude focus on people’s salary and employment outcomes fails to recognise the enormous difference between regions. As someone who represents a Sheffield constituency and both Sheffield universities, I am very conscious of that, and it is a point that has been made powerfully to me. We felt as a Select Committee that the employment metric was flawed.

On the retention metric, although the Committee celebrated the Government’s intention to focus on retention, in the work on access and widening participation the focus should be not simply on getting people to university, but on ensuring that they succeed there and have good outcomes after graduation. The focus on retention is welcome, but we were not convinced that it was right as a metric for measuring teaching quality. We have seen in school league tables and how we measure schools’ performance that such a focus can lead to unintended and perverse outcomes. The easiest way to up a retention score would be to ensure that the intake of students did not include too many people who would struggle to succeed. That clearly is not what the Government want, and it is not what any of us want.

[Dr Blackman-Woods]

That runs completely counter to what the Government say their social mobility agenda is, because it will make universities less likely to take people who they think are higher risk—mature students, perhaps, or students who have a range of problems. That would be a really unfortunate consequence of the way the legislation is drafted.

[Paul Blomfield]

Our Select Committee was very focused on the Government’s welcome and ambitious targets to improve the representation of those from less advantaged backgrounds in higher education, but my hon. Friend is absolutely right to say that this metric could lead to exactly those unintended and perverse outcomes.

--- Later in debate ---

[Joseph Johnson]

I thank the hon. Gentleman for tabling the amendment on a subject that he and I have discussed on many occasions over the last year or so. I am sure we will continue to do so for some time to come.

The summary of our position is that excellent teaching can occur in many forms. There is no one-size-fits-all definition of teaching excellence, but great teaching, defined broadly, increases the likelihood of good outcomes, and metrics are crucial to measuring those outcomes. Chris Husbands, the TEF chair and vice-chancellor of Sheffield Hallam, has noted that the TEF’s approach is realistic about the difficulty of assessing teaching quality. He wrote:

“It does not pretend to be a direct audit of the quality of teaching. Instead, it uses a range of evidence to construct a framework within which to make an assessment—looking at a range of data on teaching quality, learning environments and student outcomes.”

In developing the metrics, we and the Higher Education Funding Council for England have listened carefully to the consultation feedback. We have used a set of criteria to decide which metrics to use: that they must be robust, valid, comprehensive, credible and current. We wanted to use tried and tested data sets that are already widely established in the sector, not least to avoid the need to collect new data and impose a burden on institutions. There is currently a limited set of metrics that meet those criteria, but those metrics do allow for differentiation across providers. For example, on retention and student outcomes, many providers are well above or below the current sector-accepted benchmark. Quality teaching clearly makes a difference. To quote Chris Husbands again, his

“sense is that as the system matures, the metrics will also mature, but it is difficult to argue that teaching quality, learning environment and student outcomes are not the right places to look to make an assessment.”

We consulted extensively on the metrics as part of the year 2 technical consultation and made further improvements to the way the metrics were handled. The sector has welcomed our changes. For example, on the publication of the TEF year 2 documentation, Maddalaine Ansell, the chief executive of University Alliance, said:

“There are decisions here that we strongly welcome, such as a broader approach to benchmarking…and a more granular system for looking at performance differences… We remain confident that we can work with government to shape the TEF so it works well as it develops.”



Let me turn to some of the specific points that the hon. Member for Sheffield Central and other hon. Members made on the metrics proposed and on widening participation. Essentially, the question was, “Won’t the TEF metrics and the TEF process itself encourage providers not to take people from disadvantaged groups?” The answer to that question is clearly no. Providers will be required to demonstrate their commitment to widening participation as a precondition of taking part in the TEF. Assessors will consider how the provider performs across all modes of delivery and its effectiveness at meeting the needs of students from different backgrounds. The assessment process will, however, explicitly look at the extent to which the provider achieves positive outcomes for disadvantaged groups, and the metrics will be benchmarked to prevent the TEF being gamed and to ensure that no institution is penalised for having a large cohort of disadvantaged students.

It is worthwhile reflecting on what a current vice-chancellor says about this aspect of the TEF in relation to widening participation. Edward Peck, the vice-chancellor of Nottingham Trent, recently wrote:

“Emphasising widening access, selecting these metrics, and connecting TEF and fee flexibility will prompt, if pursued rigorously, ever more serious consideration within universities of the ways in which young people from poorer backgrounds get in, are supported in staying, and get decent jobs when they leave. These are just the conversations that we ought to be having in universities more often and with greater results.”

[Dr Blackman-Woods]

I am sure it is always possible to find one vice-chancellor who might agree with the Government’s approach, but the Minister must have had representations from a range of universities, including the Open University, that are really concerned about the weight that is being attached to things like retention. I know they have raised that with Committee members; I would be astonished if they had not raised it with the Minister.

[Joseph Johnson]

I think the hon. Lady is trying to present the TEF metric as being in conflict with widening participation. It is not; it is supportive of it. It is a precondition of participating in the TEF that institutions need an access agreement, and that sets an increasingly high bar for their commitment to widening participation. Research by the Social Market Foundation, for example, has found that there is no link between increased widening participation and worsening continuation rates. The hon. Lady and her colleague are setting up an Aunt Sally or a straw man; there is no evidence of the link that they are asking the Committee to consider.

While non-continuation rates are higher among the most disadvantaged students, some institutions are clearly successful at keeping those low as well. This cannot just be because some institutions are selective and have enrolled the most qualified and motivated students from disadvantaged groups. The Social Market Foundation research points to a number of institutions, with different profiles, that are making a success of the student experience. They include City University, St Mary’s Twickenham, Aston, Bishop Grosseteste, Lincoln and Kingston, which have among the highest retention rates of all institutions for the most disadvantaged students.

It is also worth hon. Members listening to what Les Ebdon, the director of fair access, had to say on this matter, because he probably knows more about it than anybody in the business. To quote his response to the TEF year 2 publication:

“The minister has made it clear that he sees fair access as being integral to the TEF, and I welcome the publication of the year 2 specification. The links to fair access have been further strengthened, following clear support from the sector in their consultation responses. It is especially pleasing to see specific measures on positive outcomes for disadvantaged students, and clear instructions to TEF panellists that they should consider disadvantaged students at every stage.”

--- Later in debate ---

There is no attempt to hide the fact that clause 25 is about the TEF, as the hon. Member for Blackpool South suggested. We have been clear all the way through that that is exactly what the clause is all about. The clause is drafted to describe the TEF as a ratings system simply to give us the flexibility to implement the White Paper’s policy objectives now and to make appropriate adaptations in future, as the teaching excellence framework develops.

[Dr Blackman-Woods]

I am very interested in what the Minister is saying. A lot of the information underpinning the metrics in the TEF has already been collected. Did the Department do any modelling of what the outcome would be, particularly for the gold-silver-bronze regime? Was there any attempt to measure the reputational damage that could be done to the sector if universities somehow slip inadvertently into the bronze category? Higher education in the UK has an excellent national and international reputation, which could be seriously impeded if the Government are not careful. Has any modelling been carried out?

[Joseph Johnson]

I thank the hon. Lady for her question. HEFCE has been developing the TEF on behalf of the Department and will have undertaken considerable analysis of how it will operate across the system. We are clear that the ratings are the reflection of the tough quality standards that we expect of our providers. We have a world-class HE system. The ratings will provide recognition on top of the tough quality standards that are imposed on all providers in return for securing entry into the system. I would not agree with any assessment that a bronze rating would be lowly; it would be a significant achievement.

--- Later in debate ---

[Gordon Marsden]

I will withdraw the amendment, but I am sad, yet again, that the Minister thinks that the only thing that matters is the people who sign the cheques or who press the buttons or take the decisions. [Interruption.] I am sorry, but that is the way it will be seen outside the massed ranks of the Government by many in the sector: this is an opportunity missed, as it has been missed so far on the Bill with students, to put them in the frame for a brand-new structure. That is what people will be concerned about. I will withdraw the amendment on behalf of the Opposition, but the Government should think very carefully about the way in which they are alienating so many people in the sector. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Amendments made: 49, in schedule 4, page 73, line 39, leave out “either or both of”.

This amendment is consequential on amendment 43.

Amendment 50, in schedule 4, page 74, line 1, leave out “recommended function or functions” and insert “assessment functions”.

This amendment is consequential on amendment 43.

Amendment 51, in schedule 4, page 74, line 4, leave out “and standards of” and insert

“of, and the standards applied to,”.

See the explanatory statement for amendment 46.

Amendment 52, in schedule 4, page 74, line 6, leave out sub-paragraphs (3) and (4).

This amendment is consequential on amendment 43.

Amendment 53, in schedule 4, page 74, line 19, leave out from beginning to “and”.

This amendment is consequential on amendment 43.

Amendment 54, in schedule 4, page 74, line 24, leave out “an assessment function” and insert “the assessment functions”.

See the explanatory statement for amendment 44.

Amendment 55, in schedule 4, page 74, line 27, leave out “function” and insert “functions”.—(Joseph Johnson.)

See the explanatory statement for amendment 44.

[Dr Blackman-Woods]

I beg to move amendment 232, in schedule 4, page 74, line 30, at end insert “and students”.

This amendment and amendment 233 would ensure that the OfS consults students before body suitable to carry out assessment functions is designated.

[The Chair]

With this it will be convenient to discuss the following:

Amendment 233, in schedule 4, page 74, line 32, after “providers” insert “and students”.

See amendment 232.

Amendment 4, in schedule 4, page 74, line 39, at end insert—

“Bodies suitable to perform quality assessment functions: student representatives

4A (1) A body is suitable to perform the quality assessment function under section 23 if, in addition to meeting conditions A to D, at least two of the persons who determine the strategic priorities of the body are currently enrolled on a course at a higher education provider.

(2) For the purposes of sub-paragraph (1), “course” means any graduate or postgraduate course.”

This amendment would require the board of any body designated to perform the quality assessment function under section 23 to include at least two student representatives.

[Dr Blackman-Woods]

It is a pleasure to serve under your chairmanship, Mr Chope.

The Minister says that the TEF or teaching quality assessment is a core interest for students. It therefore seems really odd that the body that might be deemed suitable to perform assessment functions does not have to pay any attention whatsoever to the student voice. If the amendments to paragraph 4 of schedule 4 were made, a body would be deemed

“suitable to perform an assessment function”

only if it represents

“a broad range of registered higher education providers”

and students, and if it

“commands the confidence of registered higher education providers”

and students. It seems to us a little perverse that the Government would want to establish a framework that allowed a body to assess teaching quality when it did not have the confidence of the student body and would not even seek to assess whether the student body had any confidence in it. I look forward to hearing what the Minister has to say on these two modest but important amendments, because they would ensure that a body chosen by the OFS was deemed appropriate only when students and the student voice were represented and when the OFS was absolutely sure that the body also commanded the confidence of students.

I will finish by quoting the evidence given to the Committee by Sorana Vieru, vice-president of the NUS:

“We cannot talk about working for the benefit of students without involving students themselves.” —[Official Report, Higher Education and Research Public Bill Committee, 8 September 2016; c. 97, Q163.]

The Minister will know that it is already best practice throughout the sector to involve students in the quality assurance process. Why not put that in the Bill to ensure it happens?

[Wes Streeting]

It is a pleasure to serve under your chairmanship, Mr Chope. In speaking on amendment 4, which stands in my name, I return to my familiar hobby-horse of student representation in the Bill, in the futile hope that the Government have seen sense and taken into account the importance of including students in a Bill that is allegedly about them.

When I reviewed the record of yesterday’s debates in the Chamber, I thought for a moment that when I came into this Committee Room I might receive some good news from the Minister. My hon. Friend the Member for Bristol East (Kerry McCarthy) asked the Secretary of State for Education:

“If she will offer students places on the board of the Office for Students.”

The Secretary of State replied:

“We have made it clear that the Office for Students must have student representation, and we will take every opportunity to embed student engagement in the culture and structure of the new organisation.”

“Hallelujah!” I thought. “We’ve had a breakthrough. The Secretary of State has clearly been reading the Committee’s debates and been so persuaded by our arguments that she has made an exciting announcement.” However, in the next column I read the Secretary of State’s response to the hon. Member for Bath, who represents a significant number of students at Bath University and Bath Spa University. He said:

“Adding students to the board of the Office for Students would put at risk representation and engagement with students”—

quite how he reached that conclusion I am not sure. The Secretary of State then said, toeing the Minister’s line, that

“we do not want to be over-prescriptive”. —[Official Report, 10 October 2016; Vol. 615, c. 1-2.]

Sadly, I was not in the Chamber at the time, so I do not know whether the Minister leant across to have a word in the Secretary of State’s ear to get her back on message, but it was very disappointing.

So here I am, trying to make the case that students should be represented on the board of a designated quality provider. We use that language because, for reasons that also escape me, the QAA is not automatically the designated quality provider. Instead, we have to go through a ludicrous and wasteful tendering process to reach the obvious conclusion that the Quality Assurance Agency should be the designated quality provider. In that context, I want to ensure that whichever body is designated to perform the quality assessment function under section 23 should have at least two student representatives on its board.

This is actually existing practice: the board of the QAA currently has among its membership the vice-president for higher education of the National Union of Students and, for this year at least, the education officer of Cambridge University Students’ Union. There are two student voices, one directly connected with an institution and the other representing students on a national level, although currently on a break from a PhD. It seems to me that the QAA has already reached the right conclusion and we should make sure that the future designated quality providers also reach that conclusion.

--- Later in debate ---

[Joseph Johnson]

Again, we have had a good debate on the importance of student involvement in the HE sector and its systems and structures. I certainly agree that the quality body will need to represent the diverse interests across the HE sector, including those of students.

Hon. Members will be pleased to note that that there is already good practice established by the QAA of building student representation into the quality system. To summarise, the QAA includes two student representatives on its board of directors, has established a student advisory board to provide support, and includes students in its review and scrutiny processes for degree-awarding powers. Crucially, however, this is not set in legislation. It happens because it is considered to be an effective way of making an informed assessment of quality—an approach I hope will continue. The arrangements for the two student board members are set out in the QAA’s articles of association, and this is a more appropriate level for such stipulations to be made than in legislation itself.

The conditions set out in paragraph 4 of schedule 4 are there to ensure that we can establish an effective co-regulatory approach with the sector, as recommended by the Business, Innovation and Skills Committee. It is not designed to prescribe specific interests, but instead to make clear that the quality body should represent and have the confidence of a broad cross-section of the sector. I am keen that paragraph 4 remains flexible and not prescriptive, to guard against the risk that at some point in the future a suitable and well qualified body could be disbarred from designation on a technicality. This does not, however, prevent a designated quality body from involving student representation as an effective way to carry out its quality assessment functions.

Even without legislation, when future Secretaries of State come to a view on whether a body is capable of performing the assessment functions in an effective manner, I would imagine that they would look at a range of matters. These may include whether the student interest was represented within the organisation and whether that representation or lack thereof would have an impact on its capability. However, I recognise that hon. Members are making clear the importance of continuing this level of student engagement within the quality body. I also appreciate the strategic level on which amendment 232 in particular asks for this to be considered, rather than over-specifying the membership of the independent quality body itself. However, I remain confident that any designated quality body would include such representation without the law having to specify it. I therefore hope that the hon. Lady is reassured, and ask that she withdraws her amendment.

[Dr Blackman-Woods]

I have to say to the Minister that I really do not follow his logic at all. What is being argued is that the reason we are going through the whole assessment of quality is so that students get information that will help them to understand more about the quality of teaching in an institution. Yet somehow the student voice is not being put in the Bill as a group of people who must have confidence in the body that is being set up. That seems to me to be absolutely extraordinary. It does not make any sense at all.

[Joseph Johnson]

Part 2 of schedule 4 states that the OFS must consult with people representing a broad range of students before recommending a suitable quality body, so we will be consulting students. The OFS itself, as we have discussed previously, will include on its board people who must have experience of representing the student interest.

[Dr Blackman-Woods]

I have heard what the Minister says, but unfortunately because of the way in which paragraph 4 is constructed it is very clear about the body representing a broad range of higher education providers and having the confidence of the higher education providers. We are not saying that that is unimportant, but it is equally important that students have confidence in the body and are represented on the body. I do not think that we are going to resolve this issue at the moment, but I ask the Minister to take this issue away, look at it again, and see if he can come up with a form of words that would keep everybody happy. I will be happy to withdraw the amendment—

[The Chair]

We have to adjourn. The hon. Lady will need to withdraw her amendment after we return at Two o’clock.