Children in Public Care: Unregistered Accommodation

Lord Agnew of Oulton Excerpts

Monday 4th November 2019 Lords Chamber

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

My Lords, the Government take unregistered and unregulated provision extremely seriously. I cannot imagine a situation where it is acceptable for a child under the age of 16 to be in an unregistered setting. We are working with Ofsted, local authorities, the Children’s Commissioner and others to tackle this. Ofsted has conducted 150 investigations into unregistered providers this year. Ministers have reminded local authorities of their duty to keep children safe, particularly if they are placed away from their area.

[Lord Laming]

My Lords, I am very grateful to the Minister for that encouraging response. I am sure he will agree that, when a local authority takes a vulnerable child into public care, it has a duty in law to be a good parent to that child. Surely it is little short of outrageous for a child who has not had the best start in life to be placed in a caravan or a narrowboat without proper support. Even worse, these children will have been separated from their wider family, friends and school, as they are often placed miles away from their homes. Surely in this day and age this is unacceptable. Will the Minister do all he can to stop it happening?

[Lord Agnew of Oulton]

I completely agree with the noble Lord. Any cases such as those he has just cited are tragedies. We are doing a great deal to try to help local authorities. We are funding a programme called “staying put”, where a young person continues to live with a former foster carer, and are providing funding for “staying close” to be piloted in eight areas. To date, we have provided over £110 million to local authorities to support them in implementing “staying put”, which has helped thousands of care leavers to transition more smoothly from care to independent living.

[Baroness Manzoor (Con)]

My Lords, there have recently been reports in the media that cared-for children of 16 and over are being placed into accommodation with young offenders. This cannot be right. Can my noble friend say exactly what numbers we are talking about and whether this is accurate?

[Lord Agnew of Oulton]

My Lords, I cannot give a specific answer to the noble Baroness, but I will write to her if the numbers are available. I certainly agree that it is a tragic error to place a vulnerable 16 year-old in accommodation where they can be subject to any harm. The idea of the post-16 provision is to try to provide a pathway to more independent living. That is why we have a slightly different arrangement for those children or young people.

[Baroness Massey of Darwen (Lab)]

My Lords, is the Minister aware of a recent UNICEF report on developed countries which places the UK 16th out of 21 in relation to the well-being of children? Children in care are part of this. Will the Government take account of the UNICEF report and do something about all children so that their welfare is protected?

[Lord Agnew of Oulton]

My Lords, the noble Baroness is entirely right that looked-after children are some of the most vulnerable in our society. I mentioned in my Answer to the Question from the noble Lord, Lord Laming, some of the things we are doing, but there are also a number of other initiatives under way: we are providing £5 million from the £200 million children’s social care innovation programme to develop new approaches for care placements and making seed funding available for seven partnerships to test new approaches for sufficiency planning and commissioning in foster care.

[Lord Addington (LD)]

My Lords, it is quite clear that, despite the Minister saying that he did not like young people being unsupported when going into care, it is happening. It is quite clear that the Government will need a cross-departmental approach to deal with this. Can the Minister give us some idea of how this approach has been structured across the Home Office and the Department for Education and when we can expect this practice to be removed?

[Lord Agnew of Oulton]

My Lords, the noble Lord is quite correct that this will need a great deal of inter- departmental co-operation and discussion. It involves departments such as the Ministry of Justice and the Ministry of Housing, Communities and Local Government as well as the Department for Education. We are all working closely on a number of initiatives to try to improve the situation, as I outlined in my previous answer to the noble Baroness.

[Lord Campbell-Savours (Lab)]

My Lords—

[Baroness Lister of Burtersett (Lab)]

My Lords, this month marks the 30th anniversary of the UN Convention on the Rights of the Child. If the Government could finally incorporate that convention, would that not make such cases less likely?

[Lord Agnew of Oulton]

I am afraid that I did not hear the beginning of the noble Baroness’s question because of the interruptions. We have a number of initiatives; this is a matter of great concern to us. At the moment, for example, the Secretary of State is considering changing the guidance to local authorities on the placing of children under the age of 16 in unregulated settings.

[The Earl of Listowel]

My Lords, I applaud the Government’s “staying put” programme, but I press them on the issue of children being placed way away from their local authority. The incidence of children being placed outside their local authority has increased by 77% since 2012, which is the highest level on record. Will the Minister look at an emergency action plan to address this matter, carried out by the Department for Education and local authorities, to ensure that there are sufficient, appropriate, good-quality local placements for young people in care, as Ann Coffey MP strongly recommended in the other place recently?

[Lord Agnew of Oulton]

The noble Earl is correct that the “staying put” programme is having a positive impact: around 35% of 18 to 20 year-olds are still living with their former foster carers, and 55% of children in a foster placement are now still with them on their 18th birthday, which is an improvement. On “staying close”, again, I agree with the noble Earl that there are one or two situations when moving a child out of the area is important—for example, to get away from gangs or from county lines drug-trafficking— but we are trying to help in this area. We are initiating a move-on accommodation offer in suitable and sustainable accommodation, located as close as possible to their former children’s home, as well as a package of practical and emotional support provided by member of staff from the young person’s previous children’s home, who are providing some continuity in support during the transition to adulthood.

[Lord Campbell-Savours]

My Lords—

--- Later in debate ---

[Baroness Pinnock]

My Lords, over 75,000 children are currently in the care of local authorities, and 88 children are taken into care each and every day. That is the highest number in the last 10 years, yet in that same period funding for looking after children has dropped dramatically. The Local Government Association —I declare my interest as a vice-president—has shown that there will be over a £3 billion gap in funding by 2025. The small addition of funding that the Government have provided will not close that gap. We can all complain and be concerned about care for children, but funding is essential. What will the Government do about it?

[Lord Agnew of Oulton]

My Lords, as I said in answer to earlier questions, we are very aware of this sensitive area, but we are providing additional support. For example, we have a £40 million capital grant programme to increase the number of beds in secure children’s homes, and we have a number of initiatives on a regional basis. We are supporting: Havering to create a sub-regional approach to commissioning residential placements; Croydon for sub-regional commissioning for looked-after children across eight south London boroughs to increase patient choice: and in Essex, there is an initiative to set up alternatives to residential care by providing targeted support to those on the edge of secure care.

[Baroness Butler-Sloss (CB)]

My Lords, I have some experience of the situation in which a child is sent from one local authority to another and there is a gap in information. Is the noble Lord aware of that, and can he do something about the situation in which the local authority from where the child came loses interest and the new local authority does not know sufficient about the child?

[Lord Agnew of Oulton]

As the noble and learned Baroness will know, all local authorities are subject to Ofsted inspections on the level of social care that they provide, and these are the sorts of issues that are addressed. Indeed, officials from my department met the Ofsted National Director for Social Care only today to discuss issues of this kind.

[Lord Cormack]

My Lords, in his earlier answers my noble friend referred to the Secretary of State “revising the guidelines”. I put it to him that that is urgent and must not wait until 12 December. Can he give an undertaking that those guidelines will be looked at forthwith?

[Lord Agnew of Oulton]

I commit to my noble friend to go back to my right honourable friend the Secretary of State today to seek clarification.

[Lord Campbell-Savours]

My Lords, for how long have Ministers known that these children were being placed with minimum cover in these caravans, and what action are they now taking to ensure that the practice is stopped?

[Lord Agnew of Oulton]

As I said in answer to an earlier question, the quality of social care provision is inspected by Ofsted—

[A noble Lord]

How do you know?

[Lord Agnew of Oulton]

If noble Lords are asking me personally, I am not the Minister for this area; I was given the Question an hour ago.

Vocational Education and Training

Lord Agnew of Oulton Excerpts

Monday 28th October 2019 Lords Chamber

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

My Lords, I am pleased to answer the Question for Short Debate and to thank my noble friend Lord Bridgeman for creating this opportunity.

This Government are committed to ensuring excellent educational outcomes for all children whatever their backgrounds. All young people should get the opportunity to reach their potential, whether that be through an academic or a more vocationally focused route. I agree with my noble friend Lord Bridgeman, and indeed the noble Baroness, Lady Garden, that technical and vocational education has for too long not been given the focus it deserves. As a result, the content of vocational qualifications has too often been misaligned with what employers actually want. This is why the Government are putting employers at the heart of our work to build a new, world-class education system.

We are developing T-levels. They are rigorous qualifications for students aged 16 to 18 who want to study subjects that will prepare them for skilled jobs. Crucially, the content of T-levels is being set by employers; some 200 have worked with us in their creation, so students taking T-levels can be sure that they are gaining skills that businesses are looking for. I know that the noble Lord, Lord Young, and the noble Viscount, Lord Bridgeman, are concerned that we are now rolling these out. T-levels will include a broad core of underpinning knowledge. They will include English, maths and digital skills as well as other transferable skills. They will attract UCAS points equivalent to three A-levels and students will be able to progress into higher education.

In answer to a question from the noble Lord, Lord Watson, we are conducting a wider review of post-16 qualifications with the aim of streamlining the vast number on offer. Our apprenticeship reforms have been focused on quality, ensuring that the new employer-led apprenticeships reflect what today’s businesses really want and need. All this supports the Government’s aim of overtaking Germany in the opportunities that we offer to those studying technical routes by 2029.

On soft skills, my noble friend Lord Bridgeman and the noble Lord, Lord Young, asked about support. I rather agree that the term “soft skills” underplays the importance of those skills that you need to engage in a career. We are providing £1,000 for both employers and providers taking on 16 to 18 year-old apprentices and eligible 19 to 24 year-old apprentices, which allows them to provide support on what are currently called soft skills. If anyone wants to suggest a better term, I would be very open to that.

I regret that I will have to disagree with the noble Lord, Lord Storey, my noble friend Lord Baker and several other Peers today on the EBacc. The Sutton Trust did some research on 300 schools a couple of years ago, looking at the impact of the EBacc on children. It showed that the average grades in English and maths rose by 0.2 and 0.4 of a grade respectively, with the five A to C pass rate improving by 1.2%. Pupils who attended the schools were also 1.7% more likely to be taking an A-level or other level 3 qualifications. Pupil-premium students benefited most from the changes in these schools, essentially because low and middle prior-attainment students increased the take-up of EBacc subjects most. As a result, the pupil premium gap closed more in schools with similar pupil intake demographics, including a six percentage point narrowing of the EBacc gap.

We want students to have the option of studying technical and vocational subjects before the age of 16. That is why we deliberately designed the EBacc to allow for the study of additional subjects. Our Progress 8 school performance measure takes account of the results that pupils achieve in up to three technical and vocational qualifications alongside their GCSEs. However, it is critical that the vocational courses that students take at key stage 4 are of high quality and as vigorous as GCSEs, and that they have real value in terms of progression on to further study and employment.

Several Peers asked about careers advice. We are working closely with the Careers & Enterprise Company and are making good progress in delivering the careers strategy. We have extended the enterprise adviser network of senior business volunteers across the country. Over 2,200 schools and colleges are now matched to an enterprise adviser. We have established 40 new career hubs, meaning that around one-quarter of secondary schools and colleges in England will now benefit. We have made over 1,300 career leader training bursaries available for schools and colleges. We have introduced a targeted set of funds for disadvantaged areas focusing on personal guidance, SEND and vulnerable young people. Of course there is more to do, and it is our aspiration for all the services to be available to all secondary schools. The careers budget in 2021 will be confirmed after the conclusion of the department’s business planning process.

In 2011, the noble Baroness, Lady Wolf, conducted a review of vocational education for 14 to 19 year-olds. It found that the system of vocational education at the time was failing many young people. A large proportion of students were on courses that had little or no market value, and it was seen as a second-class route aimed at the less able. The Government announced a number of reforms in response to the Wolf review. These changes included ensuring that only those vocational qualifications that were the most valuable for young people in terms of their content, assessment and progression would be recognised in performance tables. The Wolf review found that a broad-based academic curriculum at key stage 4 was the best way of keeping pupils’ options open. It accepted that for some pupils a proportion of curriculum time might be used for other options.

The noble Lord, Lord Crisp, asked about exclusions—there is a connection there, as I recognise. However, it is important to stress that the number of permanent exclusions is still extremely low. At 0.01%, it is lower than it was 10 years ago. We have consulted on the issue of off-rolling, which I suppose is an ugly first cousin of exclusion. We are clamping down on it. The new Ofsted inspection framework requires much greater scrutiny of any off-rolling-type behaviour in schools.

The noble Lord, Lord Aberdare, asked what support we are offering for employers in other work placements. We have expanded the role of the National Apprenticeship Service to provide a matchmaking service. In May, we announced a £7 million employer support fund pilot to trial the provision of financial support to employers across different industries.

Virtually every noble Lord, but particularly the noble Lords, Lord Young and Lord Storey, and my noble friends Lord Baker and Lord Kirkham, said that they feel that the vocational route does not get the status it deserves. I completely agree. I think we have overcooked the rather lazy mantra of encouraging children to go to university whatever the cost to them and whatever the quality of the course they are studying. We are starting to change that. As someone who did not go to university, I am passionate about this. I am one of seven children and only one of my siblings went to university. We have all managed perfectly well without it. This is the beginning of the push-back.

We know that for some students technical and vocational education at this stage of their education can help to motivate and engage them, as well as opening their eyes to potential options for future study and careers. To address the point made earlier by the noble Lord, Lord Crisp, evidence shows that for pupils in state-funded mainstream schools in 2017, taking a technical award was associated with lower absence and exclusion rates.

Despite the reforms following the Wolf review, concerns remain regarding the quality of some of these qualifications. In recent months, the department has been working with Ofqual to consider what more needs to be done to ensure that we can have confidence that these awards are of high quality. Ofqual launched a consultation only last week on finding a way to achieve this. I am confident that this will lead to further improvements in the quality of technical education at key stage 4 in the future.

It would be wrong to omit reference to universal technical colleges and to not pay credit and tribute to my noble friend Lord Baker. I have spent more time with him than any other Peer in this House in the last two years. Strong UTCs are succeeding in equipping our young people with the skills businesses need, getting them into employment and creating a future pipeline of skilled workers. Several noble Lords referred to the Baker clause, including my noble friend Lord Bridgeman in particular. This is a new clause that came in only during the summer of last year, so we cannot expect universal take-up straightaway. However, I completely accept that not enough schools have taken it seriously enough, and we will be taking a tougher approach with them. We surveyed a number of schools recently and 76% stated that the duty is being partially complied with. A further review this summer found that compliance, although patchy, is improving. In January of this year, a report from the IPPR contained similar findings: 70% of providers found it difficult to access schools in their area, but one in three said the situation had improved. I am not complacent, and we will continue to put pressure on schools to be more open to this.

My noble friends Lord Baker and Lord Bridgeman asked about the size of the skills gap. In September, we announced that a new skills and productivity board will be established to provide the Government with expert advice on how to ensure that the courses and qualifications on offer to students are high quality, are aligned to the skills that employers need for the future and will help increase productivity. We are also establishing skills advisory panels across the country, to bring together local employers and skills providers to understand and address local skills challenges. In tackling skills gaps, the Government’s role is to support the skills market in making it more responsive to demand. We are doing this by delivering a long-term programme to reform the post-16 skills system.

My noble friend Lord Bridgeman also asked what the Government are doing to introduce children to trades in the first two years of secondary school specifically. Schools must support young people to understand the education, training and careers options open to them. The work must start long before students reach that point of decision. Careers advice should inform and inspire them from an early age. That is why the Government expect all schools to provide careers guidance from year 7—

[Lord Young of Norwood Green]

I am sorry to interrupt the noble Lord. I asked a specific question about the challenge facing employers in responding to T-levels and the 45 days of work experience that they have to provide. They are also expected to support apprenticeships. That is the challenge they are faced with. Some are saying that they cannot do both. If the Minister cannot provide the answer now, I would welcome some further response.

--- Later in debate ---

[Lord Agnew of Oulton]

I am certainly happy to write with more detail, but the National Apprenticeship Service is working with 12,000 employers to deal with the challenges the noble Lord quite rightly raised.

I am conscious that I am running out of time. An area I want to address is the development of institutes of technology. These will be high-quality education providers, delivering high-level technical education with a clear route to high-skilled employment. We have committed to 12 of these and eight more are due to follow. We aspire to having one in every part of the country in due course. The idea is a collaborative model involving partnerships of existing FE and HE institutions, operating at regional and sub-regional scale, focusing on STEM subjects, with 50% of planned provision relating to engineering and manufacturing.

This debate has highlighted the importance of robust vocational and technical qualifications. My noble friend Lady Bottomley is right that a lot of work is in play and we are tackling prejudices that go back more than 100 years. I hope that the range of actions that I have set out demonstrates how serious the Government are in continuing to strengthen technical education to support young people. I believe that the tide is turning for vocational routes.

House adjourned at 8.16 pm.

Education: Special Educational Needs Budget

Lord Agnew of Oulton Excerpts

Thursday 17th October 2019 Lords Chamber

[Lord Watson of Invergowrie]

To ask Her Majesty’s Government what steps they will take further to the recent survey of local authorities in England which found that since 2014 approximately £400 million has been diverted from mainstream education budgets in order to pay for special needs education.

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

My Lords, we allow transfers of up to 0.5% from local authorities’ mainstream school budgets to pay for special needs education. This requires agreement from the local schools forum. Larger transfers must be approved by the Secretary of State. Next year we will increase high needs funding by £780 million. This increase in a single year should be compared with the reported £73 million that local authorities transferred from mainstream schools to high needs in 2018-19.

[Lord Watson of Invergowrie (Lab)]

My Lords, the survey by the Times laid bare the extent to which local authorities are desperately trying to compensate for the lack of resources provided by central government to enable them to meet their funding requirements under the 2014 changes for SEND pupils. Yet even after the raiding of mainstream education budgets, thousands of SEND parents are left in despair as they attempt to get the support that their children need and are entitled to. It is no good the Minister referring to the election sweetener of additional funding for SEND, which is obviously too little and certainly too late. Annually, it would meet less than half the needs for special needs provision and would in no way reverse the cuts of recent years. Protecting the most vulnerable in society ought to be a priority for any Government. Why is it not for this one?

[Lord Agnew of Oulton]

My Lords, it is absolutely a priority for this Government; that is why we have just announced a very substantial 8% increase per head of population for those aged between two and 18. It is put in place with a 5% uplift to the schools budget, which will also support lower SEN.

[Lord Lexden (Con)]

Does my noble friend agree that local authorities must accede to, and not obstruct, applications from parents of children with special needs who seek places in independent schools, where good provision is currently being made, usually in small classes, for around 85,000 children with special needs? I declare my interest as president of the Independent Schools Association.

[Lord Agnew of Oulton]

My noble friend is correct that local authorities should not impede parents who want particular solutions. That is why, when the EHC legislation came through in 2014, we put parents much more at the heart of the entire process. We accept that the process has not been without teething troubles and are carrying out a review of it, which we had committed to previously.

[Lord Addington (LD)]

My Lords, would the Minister not agree that any system that spends tens of millions of pounds on local authorities fighting unsuccessful appeals against EHCPs has fundamentally failed? If you are in a situation where parents have to fight the system to get what is given to them by law, something is fundamentally wrong.

[Lord Agnew of Oulton]

I respectfully disagree with the noble Lord, because while local authorities lose a proportion of these appeals, they do not lose the entirety of each appeal. For example, a parent might win through appeal the right to send their child to a certain school but elements of the support that they asked for would not be granted.

[The Lord Bishop of Coventry]

My Lords, several heads in Coventry and Warwickshire have told me about the heavy demands on their energies and budgets from, to quote one primary head, children who are not on the SEN register but face horrific circumstances at home and so need extra help; for example, families who are homeless through domestic violence and children whose mental health is so poor—these are nine year-olds—that they threaten suicide. Does the Minister recognise the pressures on schools in mainstream education from children who do not meet the thresholds of special needs but who nevertheless have severe needs and require acute support? Is he confident that there is sufficient funding for them?

[Lord Agnew of Oulton]

The right reverend Prelate is correct that there seems to be an increasing trend of mental health needs in young people, and I urge all noble Lords who are concerned with this area to look at why this is happening. It is certainly happening, but there is not enough discussion around why it is happening. To restate our commitment, we have increased high needs funding from £5 billion a year in 2013 to £6.3 billion this year and over £7 billion next year. As I mentioned in an earlier answer, we have increased core school budgets by 5%, which will indeed help with the lower levels of SEN not specifically addressed in the high needs budget.

[Baroness Browning (Con)]

In respect of children with special needs who require diagnosis and then further assessment—I am particularly thinking of those on the autism spectrum—when they reach the age of nine or 10 and the prospect of having to go on to a more senior school, that is a critical point for parents who are still waiting for diagnosis and assessment. One of the weaknesses is of course the question of the resources of CAMHS. How regularly does my noble friend’s department discuss the particular problems of this age group with CAMHS?

[Lord Agnew of Oulton]

My Lords, I cannot answer that specific question but I am happy to write to my noble friend on the matter. As I mentioned earlier, we are carrying out a review of the SEN code of practice, which will be completed by the end of next year, and I will ask the relevant Ministers to ensure that that is part of that review.

[Lord Blunkett (Lab)]

My Lords, the modest increase in funding and the review are welcome, but very many parents and young people are extremely worried at the moment, as are the institutions they are applying to. Would the Minister, with his department, take a look at the serious financial situation of the Royal National College for the Blind in Hereford and its potential lack of viability? I declare a historic interest in that I went to the Royal National College in its previous guise.

[Lord Agnew of Oulton]

My Lords, I am very happy to accede to the request of the noble Lord, Lord Blunkett, to do that, and I will carry out some inquiries.

[Baroness Hussein-Ece (LD)]

My Lords, can I take the Minister back to the reply he gave to the noble Lord, Lord Lexden, on state schools impeding parents from applying to private schools for special educational needs? I declare an interest as I have a grandson who has special needs and who has applied to a special needs school outside the system. In most instances, state schools have to fund these private places, which do not come cheap. Can the Minister give an assurance that these schools, which provide excellent facilities that the state system may not supply, will have sufficient funds so that some of these children can access these services in the private sector?

[Lord Agnew of Oulton]

My Lords, part of the reason for the very substantial increase in funding we have just announced is to provide more resources. I certainly cannot promise unlimited resources for all requests, but I believe that the £780 million we have just announced is substantial.

[Lord Hunt of Kings Heath (Lab)]

My Lords, the noble Lord will be aware that because of the funding problem for many schools, some primary schools have started to close their premises at Friday lunchtime. Can he now guarantee that all those schools will open for the full five days in quick time?

[Lord Agnew of Oulton]

My Lords, I strongly object to the policy of the very limited number of schools that are doing this. There is absolutely no need for it; any school that feels the need to do it should write to me so that we can examine the budgets and see how well resources are being run. It makes me extremely angry and it is unnecessary.

Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority (Adult Education Functions) Order 2019

Lord Agnew of Oulton Excerpts

Tuesday 1st October 2019 Lords Chamber

Moved by

[Lord Agnew of Oulton]

That the draft Order laid before the House on 22 July be approved.

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

My Lords, this order will provide for the transfer of certain adult education functions and associated adult education budget to the combined authority and provides an opportunity for it to help its residents to reach their potential in life and contribute to the growth of the region.

As noble Lords will be aware, six orders are already in force in relation to the combined authorities of Greater Manchester, Liverpool City Region, West of England, West Midlands, Tees Valley and Cambridgeshire and Peterborough for the academic year 2019-20. In 2018, a devolution deal was agreed between the Government and this combined authority. We made the commitment to fully devolve the adult education budget. This order will deliver on that commitment.

The order is made under the Local Democracy, Economic Development and Construction Act 2009 and will transfer certain adult education functions of the Secretary of State, which are set out in the Apprenticeships, Skills, Children and Learning Act 2009, to the combined authority for the academic year 2020-21 and thereafter. This transfer does not include the functions in so far as they relate to apprenticeships or those subject to adult detention.

Across England, the adult education budget, as part of the adult skills system, seeks to improve productivity, employment and social inclusion. It provides vital support to help adults, including those furthest from learning and the labour market, gain the skills they need for work, an apprenticeship or further learning. From August of this year, approximately 50% of the AEB has now been devolved to six combined authorities and delegated to the Mayor of London under separate powers.

The AEB supports three legal entitlements to full funding for eligible adult learners aged 19-plus, without the equivalent of a GCSE pass in English and/or maths and for young people aged 19 to 23 without a first full level 2 or first full level 3. The funding enables most flexible tailored programmes of learning to be made available to help eligible learners engage in learning, build confidence and/or enhance their wellbeing.

People are working longer. The OECD has reported that the average age of exit from the labour market is at its highest since 1970. Automation and technological change will increasingly change sectors and occupations. As people work longer and jobs change, they need to be able to adapt to changes in the labour market in order to stay and progress in employment. This means that the adult skills and lifelong learning education or training that people undertake once they leave formal full-time education becomes more and more important.

Post-16 education plays a crucial part in supporting future economic growth. In respect of leaving the EU, it is important that our homegrown workforce is skilled and able to make the most of the new opportunities that come our way. Devolution of the relevant functions and the associated adult education budget forms a key part of these reforms.

The Government are committed to ensuring that local areas have an active role in shaping the skills provision that is available in their area in order to meet their specific local economic challenges. In particular, departments across government, including the Department for Education, are working with the combined authorities and local enterprise partnerships covering England to help them develop their local industrial strategies. This has allowed us to prioritise the support required in their local economies, including adult skills and lifelong learning.

The DfE has set out expectations for local skills advisory panels behind local industrial strategies to ensure they are informed by robust skills needs analysis. SAPs aim to bring together local employers and skills providers, including colleges, independent training providers and universities, to influence local skills provision by providing high-quality analysis of local labour markets.

The order will transfer certain adult education functions of the Secretary of State in the Apprenticeships Skills, Children and Learning Act 2009 to the combined authority in relation to its area and enable the transfer of the relevant part of the AEB to the combined authority. In particular, the following functions will be exercisable by the combined authority instead of by the Secretary of State in relation to its area: Section 86, which relates to education and training for persons aged 19 or over; Section 87, which relates to learning aims for such persons and provision of facilities; and Section 88, which relates to the payment of tuition fees for such persons.

Conditions are set with relation to the transferred functions; in particular, that the combined authority must have regard to guidance issued by the Secretary of State and must adopt eligibility rules in accordance with any direction of the Secretary of State.

The DfE will transfer the relevant part of the AEB to the combined authority to undertake the functions. It will be the combined authority’s responsibility to manage the overall AEB allocation efficiently and effectively to ensure that it delivers for local residents. Prior to this, the department has considered a business case from the combined authority for implementation funding in preparation for the transfer of functions. Through evaluation of the case, the department has agreed to provide appropriate implementation funding to support the combined authority’s preparations and ensure that they can effectively prepare taking on those functions.

From academic year 2020-21, the combined authority will be responsible for providing funding for statutory entitlements for eligible learners in maths and English, up to and including level 2; first full level 2, which is learners aged 19 to 23; first full level 3 qualification—that is, learners aged 19 to 23—and the forthcoming digital skills entitlement. The combined authority will be able to shape the adult education provision that is available to its residents and ensure that the provision best meets local needs.

We talk about the northern powerhouse, and I think we can agree that skills is an essential driver for economic growth in any region. Devolution gives the combined authority the opportunity to address the skills challenges that it faces and to enhance economic growth in its area. The economy of the combined authority is founded on a strong tradition in manufacturing and engineering excellence. Although there has been a transition to a predominantly service-based economy, manufacturing continues to play an important role in both employment and defining the ongoing characteristics of communities. The scale of the challenges faced by the combined authority is significant, most particularly consistently higher unemployment than the national average, lower productivity than the national average, social inequality with pockets of deprivation and a lack of job opportunities in some areas.

Through the order, the combined authority can deliver a step change as part of its strategic skills plan by offering a second chance to learners aged 19 to 23 through first full level 3 academic or vocational programmes and by commissioning providers to deliver a curriculum mix that reflects the changing nature of the local economy and the skills needs in the area, including job vacancy-led programmes. Without this order, the combined authority would be much more limited in how it could address such challenges for its residents and bring about greater prosperity in its region. I beg to move.

[Lord Beecham (Lab)]

My Lords, I refer to my interests as a Newcastle city councillor and as a vice-president of the Local Government Association.

For an area such as the north-east with high levels of unemployment, enhancing the availability of adult education is an important objective. The more our residents acquire skills and education, the greater will be their confidence and that of employers in the region or contemplating investing in it.

It is a matter of regret that this order is confined to the three North of Tyne authorities, given in particular the proximity of Gateshead and South Tyneside—that is not a choice of government; it is unfortunately a factor in the local government world of the north-east. Ideally, the authority should include the whole north-east region, sharing as it does many of the same needs, not least given the likely impact of Brexit should we be unfortunate enough to suffer the Prime Minister’s resolve to leave without the deal that he purports to be pursuing.

The current adult education budget for the authorities concerned is £22.7 million. Do the Government envisage increasing that budget and, if so, by how much and over what period? How does it compare per capita with other combined authorities or other individual local authorities providing adult education?

The North of Tyne Combined Authority intends to use the opportunity to make its own decisions in targeting resources and providing its residents,

“with the skills, education and confidence to benefit from the opportunities that will follow”.

Drawing on the adult education budget, it aims to drive up educational standards by working with post-16 pupils and skills and training providers, and it sees it contributing to the north-east strategic plan and the local industrial strategy.

The combined authority has developed a strategic skills plan and is engaging with the providers of adult education. It has declared its expectation that providers will develop the curriculum and support they offer and focus on learning progression. The combined authority would like to see the Government go further, with a commitment to devolve other functions, especially an educational achievement challenge for the area, as exemplified in London between and 2003 and 2011. Perhaps the noble Lord will indicate whether that is something he would regard as worth pursuing.

The combined authority also seeks greater flexibility in the local provision of skills for residents and businesses. Will the Minister look sympathetically into these suggestions? Can he confirm that budgets will be maintained or, even better, enhanced, given the needs of the area, and will capital funding be protected or enhanced? Will the apprenticeship levy be reformed with a view to regional oversight of a more flexible skills levy?

Important though the provisions of this order are, we must not forget the enormous pressure our schools are under following years of cuts and the effective displacement of local authorities from the provision of the education service, and the enhanced role for academies, many of which have proved to fail their pupils and the communities they were supposed to serve. This was highlighted for me earlier this year when I approached a school in the ward I represent on the city council about a possible grant from a local charity. Expecting a request for something extra, I was dismayed by a request with which to buy books.

School budgets are under enormous pressure, as are staff members. The ratio of staff to pupil numbers has fallen, the proportion of staff making it to retirement has halved and working hours have lengthened. In Newcastle, in the period 2015 to 2019, 74 schools out of 85 have suffered cuts to per-pupil funding of £24.4 million, or a loss per-pupil average of £259. Unaccountable academies, many of which have failed abysmally, dominate the provision of the service in the area.

Welcome though the provisions of this order are, the Government have failed for nearly a decade to protect a key service—key to the life chances of our children and to the future of our economy and our country. Adult education should not be seen as a means of repairing the failings of an underfunded and overstretched school system. Having said that, I repeat the welcome for this provision, but it has to be seen in the context in which it takes place.

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[Lord Watson of Invergowrie (Lab)]

I thank the Minister for introducing this order. As he said, it is of course similar to orders relating to six other combined authorities which we considered in your Lordships’ House almost exactly a year ago. I do not intend to repeat what I said then—at least, not at the same length. I will repeat, however, that the devolution of powers and funding for adult education that this order introduces are welcome. I very much hope that it enhances the provision of adult education in the north-east.

I thank my noble friend Lord Beecham for his local knowledge and for setting out the region’s funding cuts—sustained over the past decade—and what the new combined authority will face as a result. Much effective adult education provision is delivered locally, in line with the needs of communities. As the accompanying Explanatory Memorandum states, the transfer of those functions will assist in providing local areas with a role in,

“managing and shaping their own economic prosperity”.

Spending on education and adult learning needs to be seen as an investment for the long term. To achieve a sustainable supply of skills with the flexibility needed to meet the ever-evolving needs of business, industry and the public sector, the UK must maximise the potential of its existing workforce. That means that all adults of working age, whatever their background or location, need every opportunity to upskill and/or reskill. Learning and earning will make the biggest and quickest difference for the learners themselves, to their families, and to the communities they live in, as well as to employers and the wider economy itself.

A year ago, I referred to the possible unintended consequences of this transition from centralised to devolved funding. I highlighted the case of the Workers’ Educational Association, a long-established and hugely respected organisation of 116 years’ standing and the UK’s largest voluntary sector provider of adult education. I said then and I repeat now that I need to declare an interest of sorts, as the WEA was my first employer after leaving university. More than 25% of the WEA’s 48,000 students are in the combined authority areas, and many of them are from deprived communities that are furthest from the labour market. The devolution of funding could have the unintended consequence of diminishing this provision rather than enhancing it.

In last year’s debate, the Minister recognised the work being done by the WEA and stated that it,

“has a major role to play in delivering adult education and fostering a culture of lifelong adult learning … It is vital that providers such as the WEA make contact with the MCAs”—

the combined authorities—

“and support them so that the local economy and workforce have the skills and expertise that they need for the future. We have provided some guidance to the MCAs for the transitional years”.—[Official Report, 24/10/18; col. GC 85.]

I regret to say that, one year on, some of the WEA’s fears have been confirmed. The organisation has adapted to the new landscape by securing grants and contracts in most devolved areas, though this has not been without the loss of provision in several areas either because it was unsuccessful in its bids, or the new contracts did not support the same range of provision as the organisation previously delivered. As a national provider delivering locally, it remains in a difficult position, seeking multiple grants and contracts against different criteria, often on a year-by-year basis. It should surely be of benefit to combined authorities to acknowledge the level and impact of existing national provision in their area, not only as regards the WEA, and to seek a degree of continuity and gradual transition. It would help if the Government too acknowledged the role of national providers, thus safeguarding against the unintended consequence of destabilising provision, which is already having an impact on local authorities.

I want to raise a matter relating to the Explanatory Memorandum. Paragraph 12.1, under the heading “Impact”, states that:

“There is no significant impact on business, charities or voluntary bodies”.


It would be helpful—indeed instructive—if the Minister were to explain how such a statement could be included when, in paragraph 10.1, the memorandum states that no consultation was carried out. On what basis was it therefore determined that there was,

“no significant impact on business, charities or voluntary bodies”?

I ask this because the WEA is one of Britain’s biggest charities and a voluntary body. It was not asked what the likely impact would be, although of course it made its representations and concerns known to the DfE in advance of the orders introduced last year. It is clear that the impact of this and the previous orders is certainly “significant” as regards its ability to continue its established delivery of adult education.

The meaning of “significant” is of course subjective. Can the Minister say whether his officials assessed the effect on providers such as the WEA and deemed that effect to be not significant? If so, we should be told what criteria were used and at what level the impact would have been deemed significant. I do not expect him to provide these answers today, but I ask him to write to me setting out explanations. For devolution to be fully effective, support must be offered to the full range of providers—local and national—especially those already working with the most disadvantaged.

As the Open University has reported, the real casualties from the 2012 funding changes in higher education have been part-time students in England, whose numbers have since dropped by around 60%. Those who have been most deterred from study by the trebling of tuition fees are not those aged 18 entering full-time higher education but older, especially disadvantaged students. It is apparent that the biggest reason for the decline is the fees and funding policy in England because the scale of the decline in England, where tuition fees are much higher, is two and a half times greater than in other parts of the UK.

The key question regarding the future delivery of adult education concerns how much funding will transfer and how that will affect the ability of the combined authorities to deliver a full provision. The transitional funding in preparation for the full implementation of this order is not clear. The Minister said there was £6 million available in funding for the six combined authorities that were the subject of orders last year for 2019-20 and 2020-21, funded nationally by the Education and Skills Funding Agency. The combined authority for the north-east opted to begin its transition from academic year 2020-21, so will it also receive transitional funding for two years, including for 2021-22? How much will be made available annually?

The spending review announced £400 million for further education, which was widely welcomed within a sector that had been starved of adequate funding over the previous decade. Yesterday we had the unexpected announcement by the Secretary of State of £120 million for eight new institutes of technology. That was without consultation with the FE sector, which is already performing much of what he seems to envisage, so why reinvent the wheel? Simply fund FE colleges adequately and they will do the job that is necessary. But I am afraid that we now seem to have a rather macho Secretary of State who thinks that the role of Cabinet Minister is not demanding enough, so he has abolished the post of Minister of State for Apprenticeships and Skills and subsumed that remit within his own. I have never been a Cabinet Minister but I am fairly confident that it is a full-time job. I am equally confident that any previous Minister of State for Apprenticeships and Skills would contend that that too is a full-time job. To downgrade that post and bury it within the Secretary of State’s own portfolio demeans the importance of the skills agenda and the need to expand it, rather than the opposite. Labour will certainly reinstate the Minister of State post, while ensuring that apprenticeships and skills have the funding and the direction needed to play their part in building the economy that the country needs.

I may have departed somewhat from the order, but my final remarks are directly related to the devolution of adult education functions. The last thing required is mixed messages about how we ensure that we provide for the sustainable supply of flexible skills to which I referred earlier. This order is one part of the jigsaw, which is why we welcome it, but much more needs to be done.

[Lord Agnew of Oulton]

My Lords, I thank all noble Lords for their contributions to this discussion on the statutory instrument. I will endeavour to answer as many of the questions as I can.

The noble Lord, Lord Beecham, asked a number of questions on the size of the combined authority region itself. This came out of the devolution deal that was agreed in that part of the country. I am not familiar with the local politics in that part of the world, but there are some fairly fierce rivalries, and the area that we ended up with was about as good as could be created at the time. On the size of the allocated funding for this region and the plans for the future, that will be part of the spending review, and the details will be announced once we are aware of them ourselves. On the devolution of other functions, we are very much taking an incremental approach. We want to make sure that the functions we have devolved are improved upon, and if local authorities or combined authorities prove that they are good at it, I am sure that we will have a debate about whether more can move in the future. However, at this stage, we want to make this work.

The same applies to the apprenticeship levy, which will maintain as a central function. To answer the noble Baroness, Lady Garden, because this is a relatively new and very profound change to the way apprenticeships work, we wanted to make sure that it was run centrally until we had ironed out all the glitches. Again, I am sure that this will come up for discussion in the future.

On schools funding, I take issue with the noble Lord, Lord Beecham, on his rather gloomy view of the position. As I am sure he is aware, we announced a dramatic increase in schools funding only a few weeks ago of some £14 billion over the next three years—which I think is one of the largest single uplifts in funding for 10 or 15 years. That is before we take into account another £4.5 billion which is going into the teachers’ pension scheme contributions for schools.

I should be very happy to look at the case of the individual school to which the noble Lord referred, which claimed that it could not afford adequate books for its pupils. As the Minister responsible for academies, I spend a great deal of time ensuring that schools are run properly, and perhaps may be able to shine a light on any issues in that particular school. The noble Lord is also somewhat unenthusiastic about academies. There have indeed been failures there, but it is worth reminding the House that the whole point of academies was to tackle entrenched underperformance in local authority schools that often had gone on for 10 or 20 years. Indeed, schools that I took over from the local authority where my academy trust operated had been failing for 15 or 20 years. In the academies programme, we move much more quickly if the academy trust proves unable to sort out the challenges that it undertook in the first place.

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[Lord Watson of Invergowrie]

I am intrigued by the noble Lord’s comments. I unreservedly withdraw any suggestion that the Secretary of State might be acting in a macho manner—but it seems that somebody was. Can he enlighten us as to whose decision it was? If it was not the Prime Minister, my adjective might remain appropriate.

[Lord Agnew of Oulton]

I am afraid I am going to have to disappoint the noble Lord. Those decisions were taken above my pay grade. I can assure him that the further education brief is given full support and impact in the department. I will need to write to the noble Lord on some of his more technical questions around transitional funding and so on, but I will be very happy to do that. We will continue with a watching brief on how this devolution is rolling out.

I reiterate that the order needs to be introduced to allow the combined authority to work with providers to tailor adult education provision for the academic year 2020-21. It will give residents the opportunity to reach their potential, improve their earnings and gain progression, and it will allow the system to deliver in a more flexible and responsive way and have the agility required to sustain a flexible economy. I commend the order to the House.

Motion agreed.

National School Breakfast Programme

Lord Agnew of Oulton Excerpts

Thursday 5th September 2019 Lords Chamber

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

My Lords, the department is investing up to £26 million in a breakfast club programme, using funds from the soft drinks industry levy. This money will kick-start or improve breakfast clubs in over 1,700 schools. The focus of these clubs has been to target the most disadvantaged areas of the country, including the Department for Education’s opportunity areas. Decisions about funding beyond March 2020 will be taken as part of the spending review.

[Lord Curry of Kirkharle (CB)]

I thank the Minister for his response and for the current commitment to the school breakfast programme. However, contracts are due to end, complex supply chains are in existence and, as yet, decisions have not been taken as to whether or not this programme will be funded. If the Government do not commit to the continued funding of this programme, there is a risk that more than 280,000 children will arrive at school one morning and find that there is no breakfast. Will the Minister please reassure the House that the Government will commit to the continued funding of this programme?

[Lord Agnew of Oulton]

My Lords, as I said, any decision to renew the contract for this national school breakfast programme will be part of this year’s spending round, of which headline details were announced yesterday by the Chancellor. My officials are working closely with the contractor on ensuring that breakfast clubs are sustainable. We will announce plans in relation to this shortly. However, I want to ensure that we do not entrench existing suppliers. We must remain alert to other ideas and other methods of delivery.

[Lord Storey (LD)]

My Lords, the Minister will be aware that where breakfast clubs operate it ensures that children’s attendance and punctuality improve, healthy food is eaten, attainment achievement is often improved and socialisation takes place. He will also be aware that 62% of teachers say that increasing numbers of children are coming to school undernourished and wanting food. When this decision on spending takes place, will he put those important issues into consideration so that this programme can not only continue but be extended?

[Lord Agnew of Oulton]

I completely agree with the noble Lord on the importance of a healthy breakfast for children—there is masses of evidence to support the benefits. It improves concentration and provides nutrition, which does not always happen at home. I agree with that. We are reviewing the future of the programme. We had our spending settlement letter and announcement from the Chancellor only yesterday. We want to ensure that we can extend this programme in an effective way. We have targeted it initially in the opportunity areas, which, as noble Lords will know, are some of the areas of greatest deprivation. We want to create a system that is sustainable into the long term.

[Baroness Boycott (CB)]

No one has any doubt about the importance of breakfast and yet, at the moment, apart from the scheme mentioned by my noble friend Lord Curry, almost all these breakfasts are being provided by charities such as Magic Breakfast. However, even Magic Breakfast reckons that 1.8 million children go to school hungry every morning. Surely this matter should not be haphazardly funded by the sugar tax or by desperate mothers and charities such as Magic Breakfast. Does the Minister agree that this should be a responsibility of the Department for Education and of all of us because we know how fundamentally important it is?

[Lord Agnew of Oulton]

The noble Baroness makes important points. There is both a macro and a micro issue here. For example, today I looked at the LIFFE futures price for wheat: it is £130 a tonne. When I last worked on my father’s farm in 1978 it was about £100 a tonne. Food has never been cheaper. We have had a revolution in the provision of food in this country and, indeed, in the western world. We need to understand why these families are struggling to produce meals at home. A great deal of that centres around education. I appeared before a Select Committee yesterday on holiday hunger and we need to learn a lot more about this. We have introduced the infant free school meals in the past couple of years. That programme is feeding 1.5 million children and has an 85% take-up.

[Lord Kirkhope of Harrogate (Con)]

Does my noble friend agree that much of the funding for these schemes comes from the soft drinks industry? Can he confirm that it is difficult to avoid a conflict of interest when those that might be providing sustenance which is not always as healthy as it should be are involved in schemes such as these?

[Lord Agnew of Oulton]

The noble Lord is quite right. I should perhaps declare my own interest as someone who grows 3,500 tonnes of sugar beet every year. Of course, a lot of that sugar does not go to the right places. The levy is designed as a pump-primer for the system. We want to see this money encouraging schools to start breakfast clubs that are sustainable in the long term. Noble Lords will be aware that we have just announced a tremendous funding settlement for schools over the next three years. I am confident that there are now resources coming into schools that will enable them to sustain them.

[Lord Watson of Invergowrie (Lab)]

My Lords, it should be a source of shame to the Government that after nine years in power some children in England turn up at school in the morning too hungry to learn. I was astonished to hear the Minister say that he cannot understand why that is the situation. There is a simple one-word answer to that: austerity. That is said to be over now, but it has a long way to run in its effects. The National School Breakfast Programme is a necessity but, as other noble Lords have said, its funding needs to be not just continued but increased—a point made by the CEO of the charity that delivers the programme in his recent report. The problem is that the sugar tax funds it. The Prime Minister has said that he wants to reduce the sugar tax, so where does that leave the National School Breakfast Programme? Labour will enter the general election with a commitment to provide universal free school meals to all primary schoolchildren. What will the Tory party’s response to that be?

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[Lord Agnew of Oulton]

My Lords, first, we very much look forward to the general election and at the moment it is the Labour Opposition who are blocking it. Let us deal with the core issues. We know without dispute that children growing up in a home where adults are working are around five times less likely to be in poverty than a child in a household where nobody works. Since 2010, 3.7 million more people are in work. There are 1 million fewer workless households. Children are benefiting from this, and I am very proud of our track record.

[Lord Krebs (CB)]

My Lords, according to the Food Foundation, there are 3.7 million children in this country living in households where a healthy diet is unaffordable. Does the Minister agree that that is a disgraceful situation for one of the wealthiest countries in the world? Can he tell us what the Government are doing to address this problem?

[Lord Agnew of Oulton]

I come back to my answer to an earlier question. As I said, there is the top line and the micro line. Why are these families struggling? I disagree with the noble Lord opposite that it is down to austerity. I think it is down to learning more about parenting. At a meeting of a committee looking at holiday hunger, one mother said that her children go to the fridge and help themselves to food whenever they want it, whereas at school there are regular, fixed mealtimes. It is simple things such as this. We want to help parents to understand that they need to produce structure and to know how to cook healthy and affordable meals.

Education Funding

Lord Agnew of Oulton Excerpts

Tuesday 3rd September 2019 Lords Chamber

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

My Lords, with the leave of the House, I will repeat a Statement made in the other place earlier today by my right honourable friend the Secretary of State for Education. The Statement is as follows:

“With permission Mr Speaker, I am delighted to make a Statement today confirming the Prime Minister’s weekend announcement. This Government have committed an extra £14 billion to our schools across England over the next three years, ensuring that funding for all schools can rise at least in line with inflation next year. I also take this opportunity to thank my predecessor, the right honourable Member for East Hampshire, for all the groundwork he did ahead of the settlement.

The funding announcement includes a cash increase compared to 2019-20 of £2.6 billion to core schools funding next year, with increases of £4.8 billion and £7.1 billion in 2021-22 and 2022-23. This is in addition to the £1.5 billion per year that we will continue to provide to fund additional pension costs for teachers over the next three years. This additional investment delivers on the Prime Minister’s pledge to ensure that every secondary school will be allocated at least £5,000 per pupil next year, and every primary school will be allocated at least £3,750, putting primary schools on the path to receiving at least £4,000 per pupil in the following year.

We are allocating funding so that every school’s per pupil funding can rise at least in line with inflation, and to accelerate gains for areas of the country which have been historically underfunded, with most areas seeing significant gains above inflation. We will ensure that all schools are allocated their gains under the formula in full next year, by removing the cap on gains that underfunded schools have seen over the past two years. This underpins our historic reforms to the overall schools funding system, so that a child with the same needs benefits from the same funding, wherever they live in the country.

I can confirm our intention to move to a hard national funding formula, where schools’ budgets are set on the basis of a single, national formula, as soon as possible. We recognise that this will represent a significant change and we will work closely with local authorities, schools and others to make this transition as smooth as possible.

We are determined that no pupil will be held back from reaching their potential, and this additional investment includes over £700 million to support children with special educational needs and disabilities so that they can access the education that is right for them and the education that they need. This is an increase of 11% on the funding available this year.

Since 2010, education standards in this country have been transformed, but we are determined to go further still. On top of this funding investment, we have announced a package of measures that will intensify our efforts to support all schools in delivering consistently high standards for every single pupil in this country.

We will begin a consultation to lift the inspection exemption for outstanding schools, so that parents have up-to-date information and reassurance about the education in their child’s school. We will also provide additional funding to allow strong academy trusts to expand, building on the success of the academy programme as a powerful vehicle to deliver excellence and school improvement in every school in this country.

We will increase the level of support available to some of the most challenging schools that have required improvement—those that have not been judged good by Ofsted in over a decade—giving them more support from experienced school leaders so they can deliver for the children who turn to them and expect the very best in their education. To ensure the extra funding for schools delivers better outcomes and efficiency, we will continue to expand the school resource management programme, supporting schools to make every pound count. We will also work closely with Ofsted and others to make sure parents have the information they need on how schools utilise their funding.

There are no great schools without great teachers and this settlement underlines our determination to recognise teaching as the high-value, prestigious profession it is. The £14 billion investment announced last week will ensure that pay can be increased for all teachers. Subject to the School Teachers’ Review Body process, the investment will make it possible to increase teachers starting salaries by up to £6,000, with the aim of reaching a £30,000 starting salary by 2022-23. This would make starting salaries for teachers among the most competitive in the graduate labour market. This sits alongside reforms to ensure our teachers have the highest-quality training, supporting those already in the profession but also attracting even more brilliant graduates to the classroom to make a difference to children’s lives. And we will make sure teaching continues to be attractive throughout a teacher’s career, launching a group of ambassador schools to champion flexible working and share good practice.

A key element in supporting our teachers and leaders is ensuring that they have the tools and support to create safe and disciplined school environments. That is why we have made £10 million available to establish national behaviour hubs. The hubs programme will be led by Tom Bennett and will enable schools that have already achieved an excellent behaviour culture to work with other schools that have struggled in the past to drive improvement. In addition to this investment, we will consult on revised behaviour and exclusions guidance to provide clarity and consistency to head teachers on the action they can take when pupils do not follow the rules. It is vitally important that we ensure that every child succeeds in their school environment and make sure schools are a safe place for pupils to study.

We will also be investing an extra £400 million in 16 to 19 education. This total includes £190 million to raise the base rate of funding from £4,000 at present to £4,188 next year. The additional investment is a 7% increase in overall 16 to 19 funding. The total also includes £120 million for colleges and school sixth forms so that they can deliver crucial subjects such as engineering, which are so vital to our future economy.

Colleges and further education providers will receive an extra £25 million to deliver T-levels and an extra £10 million through the advanced maths premium. A new £20 million investment will also help the sector to continue to recruit and retain brilliant teachers and leaders, and provide more support to ensure high-quality teaching of T-Levels. There will be £35 million more for targeted interventions to support students on level 3 courses—A-level equivalent—who failed their GCSE maths and English. Together, this package will ensure that we are building the skills that our country needs to thrive in the future.

I am sure that many in the House will be eager to know what this announcement means for their constituency, their local area and their constituents. When the information is ready, I will be writing to Members with further details on the impact on schools in their local areas. Now more than ever is the time to invest in the next generation. That is what this party and this Government are doing, making sure that our children get the very best. I commend the Statement to the House”.

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[Lord Addington (LD)]

My Lords, I thank the Minister for repeating the Statement. It is interesting and we have to say thank you for the increase in funding—but we needed it. As I understand it, we will get the full impact in about three years’ time. We will not get all of it quickly enough.

The main delivery system for education is the staff. Teaching staff will receive a pay rise, but there seems to be a question about whether academies will be able to filch off and take away the best staff with better offers to make sure that they are not available to schools that need them. Can the noble Lord give us some idea of what the thinking is there?

In the same tone, why are those in further education teaching not being treated in the same way and given the same degree of support? Delivery, and the person who delivers, is the key point here. If you get that wrong, everything struggles. Making sure that we have systems in place to ensure that people are properly paid across the sector is vital. We need more thinking about this. The cash is welcome, but unless these things are properly delivered, problems will be compounded.

There is also the issue of equalisation of funding. We have already mentioned that schools who have been receiving this seem to be those with fewer, shall we say, home problems, or potential home problems, in terms of free school meals. We all know that backing a parent sufficiently makes a huge difference to schools. An idea about the thinking there would be very beneficial. Why is it that those who have that background support are able to get support outside and within the system more easily? Why is that seen to be the way forward?

I now go to my specialist subject and remind the House of my interests in special educational needs and technical support. I thank the Minister for the money for special educational needs; it is roughly a third of what we need to go back to 2015 levels. When are we going to make sure that local government and the education authorities have enough money to meet their needs? I have raised with the Minister on numerous occasions the fact that tens of millions of pounds is wasted by local authorities in losing appeals not to fulfil education and healthcare plans. When will this no longer be the case? This is a ridiculous situation. We have, I hope, the start of a cohesive plan here. It can be restructured if you like, to put in more specialist teachers who can deal with these problems in the classroom and the school. That is an infinitely better situation than leaving it to bureaucracy—but when are we going to start dealing with it?

In the same tone, why are we so obsessed with making sure that people must continually take English and maths tests they failed when they were in further education? The amount of undiscovered special educational needs is recognised by everybody, possibly because the staff are not well enough trained to recognise it and give the correct amount of support. Some people just will not pass. Why are we wasting time there and not finding other ways of getting around this? The technology for English translation is there and it is also there to help with things such as maths. Surely this is a better and more coherent way forward. I look forward to hearing the Minister’s reply.

[Lord Agnew of Oulton]

I thank the noble Lords for their questions; I will try to address all of them.

The noble Lord, Lord Watson, is worried about the fact that the funding seems to be benefiting Conservative seats. The only reason it will benefit those is that historically they have been underfunded compared to other seats: small rural schools have not received the same level of funding as urban schools. With the national funding formula, we have introduced a hard bottom, so that even the best funded schools will increase their funding, but we will increase those who are below the NFF at a rate that is considerably quicker. I assure the noble Lord that there is no gerrymandering; it is just a quirk of history that has ensured that these schools have not done nearly so well.

The noble Lord also asked about teaching assistants. I am concerned about teaching assistants because I believe that we are missing an opportunity to provide fantastic career progression for many of them. Amazingly, some 30% of teaching assistants have degrees, and therefore could go on to teaching relatively easily if they wanted to but are often held back by their wish to look after their children. Many TAs are the parents—mostly mothers—of young children, and therefore teaching hours are not always conducive. That is why the Statement says that we are going to try to make more progress with having more flexible working in the teaching profession. We strongly believe that if we could have more flexible working in teaching, job sharing and so on, many more TAs would go on into teaching, which would be a great boon to them. It would increase their pay—

[Lord Watson of Invergowrie]

I thank the Minister for giving way. It is not so much about those progressing from being teaching assistants to being teachers, but that schools under such financial pressure have in many cases had to dispense with the services of teaching assistants. That is an important issue and many people will be looking to this announcement for reassurance.

I had not noticed when I was speaking earlier that the Secretary of State and the Minister for Schools are here. That is laudable, and I commend them .

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[Lord Agnew of Oulton]

On the noble Lord’s concern about teaching assistants, even through a period of what he would consider to be austerity, the number of teaching assistants has risen by some 49,000 since 2010. In 1997, there were 70,000 teaching assistants, and today there are around 250,000, so I do not believe that the system is in any way denuded of them. The next phase is to encourage those who want to enhance their careers and move to a higher paid profession.

In relation to the noble Lord’s question on Ofsted inspections of outstanding schools and resources, we are already in detailed discussions with it about funding the cost of these additional inspections. I reassure the noble Lord that we are not going to ask it to do it without some support.

On FE funding, this is a tremendous settlement, certainly the biggest since 2010, and, officials have indicated to me, it might be the biggest since 2004. It increases the base rate by 4.7%.

The noble Lord, Lord Addington, made a point which I did not fully understand, when he said that academies would filch the best teachers through this process. Academies are schools; they now account for over half of all pupils in the state system. Therefore, they will benefit from these announcements, but so will local authority schools.

Again, in terms of FE staff—

[Lord Addington]

I thank the Minister for giving way. My point is that academies are not under the same restrictions on maximum levels of pay.

[Lord Agnew of Oulton]

The noble Lord is correct that they are not under the same restrictions, but there are very few examples of academies paying more. I have come across one or two innovative ideas. For example, one trust in Kent pays its newly qualified teachers £2,000 more a year, but that ends up saving it money because it has less attrition and keeps its teachers for longer. As the Statement said, we will be increasing starting salaries for all teachers to £30,000, which is a dramatic increase, some £6,000 above where it is at the moment.

The noble Lord also asked about free school meals. He felt that those schools with higher numbers of children receiving free school meals were benefiting less. It is worth reminding the noble Lord that we introduced the pupil premium back in 2011, and each year that has been a sum of some £2 billion going to support the schools with children from disadvantaged backgrounds. More importantly, it is encouraging schools to recruit these sorts of children, because they get a strong financial benefit. It works out at nearly £1,000 a pupil for a secondary school.

Lastly, the noble Lord raised his particular passion around SEN. I accept that the noble Lord has raised the level of funding many times. We dramatically increased it in 2013. It was £5 billion a year, and with this new funding it will go up to £7 billion a year. We have also announced that we will carry out an inquiry into how the whole SEN healthcare plan system is working. I take on board the noble Lord’s concerns about the cost of appeals which local authorities are losing, but any system must have a hard edge. As we have discussed, the percentage of cases going to appeal is minuscule in relation to the overall number of cases being given these education healthcare plans.

I did not expect the noble Lords opposite me would be ululating with pleasure at this settlement, but it is a dramatic improvement. I have spent two years defending the system, but this is a Statement that I absolutely wanted to deliver tonight, and I am delighted that I was able to do so.

[Baroness Garden of Frognal (LD)]

My Lords, I thank the Minister for repeating the Statement. As he said, we are all delighted that more money is going into education, but like the noble Lord, Lord Watson, and my noble friend Lord Addington, I have reservations. Mine focus on the part of the Statement relating to colleges. As we know, our FE colleges are underfunded and unloved and have been for far too long, yet they often not only provide outstanding education but are a community resource and provide community cohesion. I want to ask the Minister about two matters. First, the Statement says:

“Colleges and further education providers will receive an extra £25 million to deliver T-levels”.


T-levels are totally untried and untested, whereas there are a raft of well-established and well-understood vocational qualifications—I declare an interest as a vice-president of City & Guilds—which could continue to do great things if they had better funding behind them. Why is this funding going only to T-levels, which are not yet tried and tested and about which we know very little, and not to all the work-based qualifications which provide the skills that the country desperately needs?

My second question repeats that of my noble friend Lord Addington, which I do not think the Minister replied to. It relates to the pernicious practice of trying to get youngsters repeatedly to resit GCSE English and maths, only for them to fail again and again. All one does is reinforce failure and leave people demoralised and thoroughly fed up about education. Nobody argues with the idea that young people need literacy and maths skills, but GCSE is not the right vehicle for that. Colleges spend an awful lot of time and resource trying to put youngsters through those wretched exams and watching them fail again and again. When will the Government rethink and bring in some functional literacy and maths tests which would be far more appropriate for the youngsters who have to resit?

[Lord Agnew of Oulton]

The noble Baroness raises important points. It may be worth summarising some of the specific funding coming into the FE sector, because I know that she is a passionate supporter of it, as am I. I am very pleased that, under my new Secretary of State, I will have greater involvement in the FE sector and look forward to discussing some of these issues personally with the noble Baroness.

We will invest an extra £400 million in colleges and school sixth forms; there is a 7% uplift of 16 to 19 funding, not including the increase in funding for pensions. The total includes protection of and an increase in the 16 to 19 base of £190 million, with £120 million for colleges and school sixth forms so that they can deliver on subjects which require perhaps more expensive teachers, such as engineering and so on. I hear the noble Baroness’s concerns about T-levels, but we are also adding another £10 million for the advanced maths premium. There will be an additional £20 million to help the sector continue to recruit and retain teachers, and there will be £35 million more for targeted interventions to support the area that the noble Baroness is concerned about; that is, resits. Some of that money will be used to look at different ways of trying to help children who perhaps do not learn in a traditional way. In 2019, more than 46,000 pupils successfully resat their English GCSEs, as did 35,500 maths pupils, to obtain a standard pass. All those children whose careers were blocked by not having maths and English have cleared that hurdle this year. I am one of seven children in my family; only two of us got maths O-level, so I know exactly the frustration faced by children who struggle with these subjects, but we are on the right course and I hope to use some of this additional money to see whether we can find better ways to reach them.

[Lord Lexden (Con)]

My Lords, this is a most significant Statement and I congratulate my noble friend and all his colleagues on it. It surely represents a central element in the ambitious Tory programme of reform that is emerging under this Government, a programme that must not be overshadowed by Brexit.

Can my noble friend give the House a little further information on two of the initiatives announced in the Statement? First, how many ambassador schools are there to be? Where are they to be established and how will they operate? Secondly, how many national behaviour hubs will there be, where will they be established and how they will operate? One is bound to express here a great hope that that these initiatives will answer the deep sense of yearning in our country for good standards of behaviour in all our schools. Finally, what progress is being made towards the final establishment of the national funding formula, which we have discussed on a number of occasions in this House?

[Lord Agnew of Oulton]

My noble friend asks important questions, too. The ambassador schools are a new initiative which we are working on at the moment, so I will be happy to write to him when we have developed the information a little more. There is a school—I believe it is in Tunbridge Wells—where 38 of its 100 teaching staff are part time, yet it achieves outstanding educational results. This is a process of education for the teaching profession to show that job sharing and part-time teaching are viable in a school setting. We will develop that, and I will write to my noble friend as we push that forward.

Likewise, the national behaviour hubs have rolled out very recently. The extra money will enhance the number of hubs. My noble friend is not here, but, if he were, I could give a number and he could nod at me, but I think that we are starting with around eight hubs. I might be wrong and will write if that is so, but the idea is to take best practice from those schools that are good at it to show those which are struggling. That is how we plan to roll it out.

On the NFF, as the noble Lord, Lord Watson, pointed out, the funding that we are proposing will be fed in over the next three years, but the idea is that, by 2022-23, all schools will be on or above that funding. For those that are well below it, particularly primaries, we are not pushing up the amount straightaway from £3,500 to £4,000 per pupil, because we want them to have time to absorb the extra resource, so the allocation will go up by £250 next year and reach £4,000 the following year.

[The Lord Bishop of Durham]

I thank the Minister for repeating the Statement. Much of it is extremely welcome. We know that rural schools in particular have been under enormous pressure, so the fact that the new formula should assist them is really to be welcomed. However, is the Minister confident that it will offer the real protection that some of those schools need? They are at the heart of their communities, and the loss of them will have a massive impact on those small rural communities. I would like a reassurance on that. I remain slightly unconvinced that schools in the poorest areas will not lose out. I accept that pupil premium is clearly there, but I remain concerned that the evidence that the Sunday Times has produced so far means that the poorest may suffer.

The noble Lord, Lord Watson, asked a question about early years; we know that the earliest years matter most. I hope the Minister will forgive me if I missed something in his earlier response about what further commitment to sustaining early years education might be.

If I may add my voice to that of the noble Baroness, Lady Garden, I think that further work needs to be done on alternative ways for literacy and maths, not just keeping on pushing GCSEs. Yes, it is great that some further students passed, and the Minister gave us the numbers, but that alone will not solve the issue. We must find some alternatives.

[Lord Agnew of Oulton]

I am perhaps more optimistic on rural schools than the right reverend Prelate. Coming from a rural background myself, I know the importance of these schools in communities beyond the simple provision of education. As he quite rightly said, some of the greatest increases in funding will go to these schools over the next two to three years. I am therefore very confident that it will be a huge boost to them.

Early years was not the subject of this announcement. It may be addressed as part of the spending review tomorrow, but it is not in the remit of this announcement.

I hear the right reverend Prelate’s concern on these retakes, but I am afraid I respectfully disagree with him; I think it is incredibly important that they get these base qualifications so that they can progress to their career, but I accept that we need to find better ways of educating. I am particularly interested in edtech, which might bring in ways of teaching that have previously eluded those pupils.

[Lord Storey (LD)]

My Lords, I also welcome the Statement. We are obviously delighted that extra resources are being made available, and I accept the figures that were given. I am concerned about two areas. The first is further education—we heard my noble friend Lady Garden speak eloquently on this subject. While there are extra resources, does the Minister expect that they will increase over the next few years? I have never quite understood—perhaps the Minister could explain this to me—why, if I am a chemistry teacher in an academy or a maintained secondary school, I get considerably more pay than if I am a chemistry teacher in a further education college. Why should this be the case? Secondly, if I am in a sixth form college which is part of an academy chain, there is a VAT exemption. If I am in a stand-alone sixth form college which is not part of an academy chain, the school has to pay VAT. Can that be fair?

My niche question is on behaviour. I was fascinated, interested and delighted to hear about these behaviour hubs and will watch this space with interest. We heard the Secretary of State say, whether it was in the Statement or separately, that he would back schools which permanently excluded pupils from school for bad behaviour. I have always said that teachers have a right to teach and pupils have a right to learn. Schools have to do everything possible to try to ensure that pupils with behavioural problems are supported within the school, but if we move to a system where there is a sort of free rein to exclude pupils, we will see all sorts of difficulties. If we move to that new ethos, will the Minister make available more resources for alternative education? If that is the case, will he ensure that the use of unregistered alternative providers no longer happens? We are seeing young people excluded from school and going into unregistered providers, many of which quite frankly do not deserve to be in education at all. The young people are not even checked in and checked out; they can often roam the streets and get involved in drug and gang culture. That cannot be the case, so what extra resources will there be for alternative education in this announcement?

[Lord Agnew of Oulton]

The noble Lord asks important questions. First, I will try to clarify the difference between FE and the school system, particularly the academy system. FE colleges have a different legal status and a degree of independence which does not relate to the school system. The colleges themselves take the decisions on pay, and one of the anomalies which I must admit I do not really understand is that they tend to prefer to pay all teachers exactly the same rate irrespective of their skills or the particular subjects they are teaching. One of the things that I want to do with this new funding is to find a way of challenging them to be a bit more flexible. As the noble Lord says, if you teach chemistry in an academy and earn X amount, why can you not earn a similar amount in an FE college? I want to get to the bottom of that, to be honest.

Again, VAT status is a quirk of the different legal status of these entities. For example, FE colleges as independent units have the right to borrow, which does not exist in the school system; however, as almost a quid pro quo, they do not have the right to recover VAT. We have offered for sixth form colleges to convert to academisation; quite a lot of them—over half, I think—have done so. Those that have not have reasons for choosing not to, but it is an option that they can consider.

On behaviour, I have just found a note. To answer my noble friend Lord Lexden’s earlier question, the first hubs will open in September next year. In relation to exclusions, I assure the noble Lord and everyone here that we are not for a second suggesting a free-for-all on permanent exclusions. Indeed, in the new Ofsted framework, there will be much more scrutiny of exclusion policies, particularly permanent ones, by schools. So there is no suggestion that we encourage exclusion, but I believe strongly that it is an important tool in the locker of a school where very difficult children disrupt the education of others.

To be clear, an unregistered school is an illegal school. Ofsted has an ongoing programme to track these schools down; when they are located, we close them and take legal action against the proprietors where that is the appropriate course.

[Lord Storey]

I am pleased with the Minister’s answer. In terms of alternative provision, the problem with unregistered schools is that local authorities themselves send the excluded pupils to those institutions. The parents are not deciding that they should go to a particular religious type of unregistered school; local authorities are saying, “Oh, we’ve got this boy or girl, this student, who has been excluded from school. We are going to put them in alternative provision”. They then go for the cheapest option, which is often an unregistered school, with all the problems that that entails. I have asked before whether we can write to local authorities saying that this is not acceptable because they are operating illegally.

[Lord Agnew of Oulton]

The noble Lord is quite right. Sometimes, a local authority may use part-time provision that may be legal but, often, these morph into full-time institutions without the local authority realising. We are in constant dialogue with local authorities on this issue, reminding them that sending a child to an unregistered school on a full-time basis is not on. We are carrying out a consultation of the process of getting schools to take ownership of a pupil once they have excluded them; in other words—this is not agreed yet, but we are consulting on these ideas at the moment—they would be responsible for the ultimate educational results of the child that they had excluded, so they would have to consider the issue much more carefully. We are opening more free school PRUs and APs so that more provision is available. I accept that this is a difficult area, but we are putting a lot of emphasis on it.

House adjourned at 8.16 pm.

Relationship Education Lessons in Schools

Lord Agnew of Oulton Excerpts

Tuesday 16th July 2019 Lords Chamber

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

My Lords, with the leave of the House, I will repeat a Statement made in the other place by my right honourable friend, the Minister of State for School Standards. The Statement is as follows:

“This spring, Parliament passed the relationships, sex and health education regulations, with overwhelming support. We know that many parents agree that these subjects should be taught by schools. We also know that for some parents, this raises concerns. Parents have a right to understand what we are requiring schools to teach and how their child’s school is intending to go about it. That is why we will be requiring schools to consult parents on their relationships education, or RSE policy. But open and constructive dialogue can work only if the facts of the situation are known to all. We are aware that misinformation is circulating about what schools currently teach on relationships and what they will teach when the new subjects are introduced.

The Department for Education has undertaken a number of activities in response. In April this year, we published frequently asked questions, designed to bust myths on the subjects, and these have been translated into three languages. In June we published the final version of the guidance, Relationships Education, Relationships and Sex Education (RSE) and Health Education, as well as guides for parents on the subjects. Alongside this, we produced infographics that can be easily shared on social media, including WhatsApp—where we know much of the misinformation is shared—setting out the facts. We also sent an email to almost 40,000 teachers, providing them with factual information and links to the various documents.

The Department for Education has also been working on the ground with Birmingham City Council, Parkfield School, parents and other interested parties, to convey the facts of the policy and dispel myths, and to support a resolution to the protests in that school and nearby Anderton Park. Nationally, we have worked with the National Association of Head Teachers, to understand where there might be parent concerns in other parts of the country, and have offered support. We will continue these efforts to support the introduction of the new subjects, which we strongly believe are hugely important for children growing up in modern Britain.

[Lord Watson of Invergowrie (Lab)]

My Lords, I thank the Minister for repeating the Statement.

On 25 February, the Government announced the new regulations and guidance on relationships education, relationships and sex education, and health education. As the Minister said, they were warmly welcomed by all sides of both your Lordships’ House and the other place, but words of caution were part of that welcome.

It was clear that in some schools, the guidelines could be controversial. I asked the Minister for an indication of how many teachers were to be trained in the new subjects, and how many schools he expected to be teaching them by September 2019. I am afraid I did not receive answers to that, nor to my question on what he expected schools to do with the £6 million we made available for training and resources in the new subjects, averaging out at around £250 per school.

Events since have shown that these were key questions because, with the best will in the world, head teachers and classroom teachers simply were not prepared for the onslaught of protests, abuse and trolling that some have since received. In part at least, those disgraceful reactions to the teaching of the “No Outsiders” part of the new guidelines are the result of the Government leaving schools, teachers, head teachers and parents ill prepared for the introduction of the new subjects. Even worse was the Secretary of State being much too slow to speak out in support of those head teachers under duress. He did so, but belatedly. Why did he not demonstrate that support by appearing at those schools worst affected by parental protests, which are often fuelled by people whose interests are not focused on education at all?

Some of those opposed to the new curriculum have argued mendaciously that young children in primary schools are learning about sex or being encouraged to adopt LGBT lifestyles. Will the Minister take this opportunity to state categorically that this is not the case and that anyone suggesting otherwise is wilfully misrepresenting the curriculum? Will he join me in signifying his full support for the brave teachers at those schools in Birmingham who face repeated protests and intimidation, simply for following the law and teaching the curriculum? Finally—I hope it will not be “finally”, although we have a new Prime Minister and new Front Bench in the offing—will the Minister confirm that while schools have flexibility in how they teach the curriculum, complying with the Equality Act is not optional or something that parents can have a veto over, but the law of the land and the will of both Houses of Parliament?

[Lord Agnew of Oulton]

The noble Lord asks a number of questions. The first was on how many schools we envisage will start teaching this voluntarily this autumn. We are up to about 1,500 schools having registered as early adopters; when I took the regulations through in April we had about 1,000, so the number has gone up quite dramatically even in a couple of months. It has spread among primary schools as well.

On the teaching of sex education, the noble Lord is entirely right. At primary level, parents are able to withdraw their children from specific sex education. That is not relationship education and it is important to discern the difference, but they have that right. As I mentioned when we debated the regulations in April, they have the right to withdraw their child up to the age of 16 minus three terms, for the reasons we discussed at that time.

The Government give their unequivocal support to teachers and absolutely condemn the aggressive behaviour. It is worth pointing out that a lot of this behaviour is nothing less than misogynism on the part of some of these protesters, and that they are protesting against the teaching going on at the moment, not the teaching that will come in under the new regulations in September 2020.

The noble Lord’s last question was about whether teaching under the Equality Act is voluntary. I can confirm that that is absolutely not the case. The original provisions of that Act insisted that teaching advances equality of opportunity and fosters,

“good relations between persons who share a relevant protected characteristic”.

Those relevant characteristics include sex, race, disability, religion or belief, sexual orientation, gender reassignment, or pregnancy and maternity.

[Lord Storey (LD)]

My Lords, we welcome the Statement. I also welcome the Minister’s robust response. It is important that teachers and head teachers are supported. We have agreed the way forward on relationships and sex education; that must not be diluted in any way at all.

I have been concerned on two levels. First, seeing that particular head teacher face a very difficult situation, I am not sure whether at that moment there was the proper support for that person. I also hear of a number of cases where governing bodies have not been supportive of head teachers, particularly the chairs of governing bodies. What advice might the Minister give those schools where the governing body or its chair is not supporting the head teacher? Finally, children must be taught the skills that will allow them to navigate the modern world as adults. Will he ensure that in addition to SRE lessons, skills such as first aid and financial literacy are included in the curriculum?

[Lord Agnew of Oulton]

The noble Lord made several points. If the school he referred to, where he feels the Government’s response has been too slow, is Parkfield School, I can reassure him that we have been actively involved behind the scenes and in the school. The regional schools commissioner in Birmingham has been to that school weekly, and often daily. I think I am correct in saying that a mediator was hired to try to bring about consensus between parents and the school. A lot has gone on. Our view has been that publicity for these disputes is simply oxygen for the bigots who want to promote their own position. While we may not have been seen to be publicly active, we have been active behind the scenes.

On the important question on governing body support, it is a requirement under the new regulations that a school publishes its policy on RSE on its website. To get to that position, the governing body will need to have supported it.

On the broader question of navigating the modern world, that is why these RSE regulations are so important. It is nearly 20 years since they were last properly updated—before social media or smartphones existed. All the issues they bring to children are being addressed. I will write to the noble Lord to confirm whether the two subjects he raised are included.

[Baroness Morris of Yardley (Lab)]

My Lords, I offer support to the schools and teachers concerned in this difficult situation. I hear what the Minister says and welcome the efforts that have been made. I chair Birmingham Education Partnership, so I am aware of the distress and difficulties this is causing in the city. For all those efforts, five or six months into this dispute, schools and communities are still fragmented. The educational environment in which we want young children to learn is not available to them. How optimistic is the Minister that things will be resolved by the time the children come back to school at the start of the autumn term and that they will be able to go to school freely and learn as we would wish? What else will his department do over the coming six weeks to achieve that?

[Lord Agnew of Oulton]

I share the concerns of the noble Baroness about these disputes. I am sure she will know, from human experience, that the longer they drag on the more entrenched people become. We remain optimistic that there will be agreement at Parkfield before the end of term, but I will not make myself a hostage to fortune by guaranteeing it. We are doing everything we can to bring the parties together. In the past few days we have made public statements supporting teachers, particularly in Birmingham, where these issues seem most sensitive. We will become more vocal if we need to and ensure that we give them the support they deserve.

[Lord Cormack (Con)]

Following the last point, how many attempts have been made to meet the parents? I accept that there are those who are rabble-rousing, but some parents are—maybe mistakenly—genuinely concerned. What attempt has been made to reach out to them?

[Lord Agnew of Oulton]

I mentioned, in my answer to the noble Lord, Lord Storey, that we have been in to Parkfield School almost weekly for two or three months. That has involved a number of meetings bringing teachers and parents together. As I said, I believe that a professional mediator was retained to bring the different sides together. There has been intensive work in that school over the past three or four months.

Multi-academy Trusts

Lord Agnew of Oulton Excerpts

Wednesday 10th July 2019 Lords Chamber

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

My Lords, the financial arrangements and auditing of academies is based on a clear framework and effective oversight, with robust intervention when needed. Trusts must comply with the Academies Financial Handbook, publish audited accounts and have independent internal scrutiny. In November 2018, the academies sector annual report and accounts showed that the vast majority of trusts are compliant with financial requirements; 98% of accounts were unqualified by their auditors and 95% had no regulatory issues.

[Lord Storey (LD)]

I wonder how robust these procedures are. The Minister may recall that, a few months ago, the newspaper headlines were saying that an academy leader had established a love nest in his office and had spent £100,000, I think, on various gifts and pleasures. This went on for a number of years but was not picked up by any audit or inspection—it was a whistleblower who shone a light on what was happening. The Minister will also be aware of the large number of transactions by chief executives of academies to companies that they own or are owned by family members. For example, in 2016 £120 million was spent on contracts with companies owned by chief executives or their family members. Surely, we need systems that stop this happening, because this is money that should be spent on schools and their pupils.

[Lord Agnew of Oulton]

My Lords, I am not familiar with the love-nest situation, but I assure the noble Lord that scrutiny of the sector is robust. From 1 April this year, we brought in a requirement that any related-party transaction in excess of £20,000 had to have pre-clearance with the ESFA, and all other RPTs needed to be disclosed. It is frustrating that I am often attacked about governance in the academies sector while there are also a lot of transgressions in the local authority sector. While researching this Question today, I discovered the 2009 case of a so-called super-head in a local authority school, who was knighted by the Labour Government, was then charged with false accounting and has recently lost his knighthood, been convicted and must repay some £1.5 million.

[Lord Blunkett (Lab)]

My Lords, I am sure that the Minister will agree that mistakes have been made in allocating knighthoods by Governments of all persuasions. But would he not acknowledge that the greater transparency and probity in academies and schools today builds confidence and trust in the system as a whole, and that when he and I gave evidence to a House of Commons Select Committee a year or two ago we both agreed that there was insufficient capacity in the system to oversee the present structure? Will he not go back to the Secretary of State—while he is there—to insist that another look is taken at how we hold to account our academies and schools?

[Lord Agnew of Oulton]

The noble Lord is right in saying that we appeared together several years ago at an Education Select Committee. A great deal of work has been done since then. Under my tenure, we have rewritten the academies handbook twice—the latest version was released in the past few weeks and includes the change relating to related-party transactions that I mentioned. We updated the academies account direction —the directions for auditors—in March. We have asked for additional scrutiny of new academy trusts to ensure that they have the correct governance structure. We have ensured that there is a scheme of financial delegation that maintains robust controls, that management accounts are shared with the board of trustees and issued regularly and that there is board oversight of capital expenditure and funding to ensure that it is used appropriately for capital purposes. I have written to all auditors in the sector on three occasions during my tenure to stress the importance of many of these issues. The conversation that the noble Lord and I had with the Select Committee a couple of years ago was absolutely right, but a huge amount has been done since then.

[Lord Flight (Con)]

My Lords, surely it is essentially the task of the governing body of the school to see that it is run properly and to exercise a role similar to that of a non-executive director.

[Lord Agnew of Oulton]

My noble friend is entirely correct. Again, we have done a lot to strengthen the quality of academy trust boards. We have organised a programme called Academy Ambassadors, finding more than 1,000 commercial individuals who have volunteered to join trusts over the past four years, bringing extra rigour and scrutiny. The regional schools commissioners have carried out 1,000 trust reviews in the last academic year, which also requires that non-exec members of the board attend those meetings.

[Lord Watson of Invergowrie (Lab)]

My Lords, the rather blithe dismissal of concerns by the Minister runs counter to the Public Accounts Committee, which reported six months ago that financial controls in schools needed to be strengthened and that,

“the Department for Education’s … oversight and intervention needs to be more rigorous”

The fact is that the Government have virtually no powers to rein in those academy trusts that are acting in a cavalier manner with public funds. I know that the Minister wrote to several academies earlier this year asking them to justify excessive salaries; can he say whether the Harris Federation was one of them? I acknowledge the good results that that trust’s schools produce, but it is the third largest trust in England and it has 11 staff earning more than £150,000 a year. Yet the largest trust, United Learning, has just one. Does that not make the Minister curious?

[Lord Agnew of Oulton]

I am afraid it does not, my Lords, because the Harris trust is delivering the most extraordinary level of education improvement in the country. If you take the cost of that senior management team and divide it by the number of pupils in that trust, you will see that it is extraordinarily good value.

[Baroness Watkins of Tavistock (CB)]

My Lords, I declare my previous interests as chair of two academies, but I am very concerned that we are not monitoring the length of stay of chairs in certain academies. It becomes very difficult for them to manage some of the resources in relation to very competent and articulate principals. Is the Minister reviewing how long some governors have been in post?

--- Later in debate ---

[Lord Agnew of Oulton]

I am not sure if the noble Baroness is worried about them being in post for too long or too short a period of time. Given that the programme has existed at scale for only about six years, perhaps she is worried about the short length of tenure. The department is fully geared up: all Companies House filings of retirements or new appointments to boards go through to the ESFA and where we see what we would call unusual actions—for example, a number of trustees retiring simultaneously—we will escalate that as a matter for review.

[Baroness Garden of Frognal (LD)]

My Lords, is it the case that every academy in a multi-academy trust is audited? If not, why not? If so, what would the repercussions on the trust be if one of the academies failed the audit?

[Lord Agnew of Oulton]

My Lords, an academy trust is a single legal entity, so the individual schools are part of that. But the noble Baroness is quite correct that there is a full external audit carried out on academy trusts every year. That is unlike local authority schools, where the average frequency of audit is about every four years, so I can assure her that the scrutiny is far higher than for local authority schools.

[Lord Foulkes of Cumnock (Lab Co-op)]

My Lords, what arrangements have the Minister’s department made to ensure that assessment of the financial arrangements and auditing of the Inspiration Trust are fully independent?

[Lord Agnew of Oulton]

My Lords, for those who do not know, I was the founding chairman of the Inspiration Trust, so I am fairly familiar with it. When I took on this post, I agreed with both the ethics committee in the Cabinet Office and with the Department for Education that I would have no say in any decisions made about that trust. I resigned both as a trustee and as a member and have had nothing to do with any governance decisions from the department. The noble Lord shakes his head; I am afraid he is absolutely wrong. I have had no oversight of that trust since I became a government Minister.

[Baroness McIntosh of Hudnall (Lab)]

My Lords, will the Minister return for a moment to the question of governance? What are the expectations of how academy trusts recruit governors? How widely do they look and what emphasis do they place, for example, on diversity and gender balance in their searches?

[Lord Agnew of Oulton]

My Lords, the first priority is competence. We want good, strong people on these trusts who will challenge the senior leadership teams and also provide support and encouragement. Beyond that, diversity is extremely important, and we are very aware that we need to get more minority groups involved, but my first priority has been to ensure that we have strong people on the board.

[Lord Lexden (Con)]

Although there have been some disappointments, should we not pay tribute to the great success that has been obtained by so many of these trusts?

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[Lord Agnew of Oulton]

My Lords, my noble friend is entirely correct. A few dozen trusts have not performed as well as they should have on governance, but we have that in any large organisation—we now have over 1 million adults in the academies sector, and things go wrong. However, we have seen tremendous progress. We now have over half a million children in schools that were previously failing local authority schools and are now rated good or outstanding by Ofsted. According to last year’s Progress 8 scores, converter academies have outperformed their comparable local authority schools on every category and type of child—white, mixed, Asian, black, Chinese, SEND pupils and those in receipt of SEND support.

[Lord Brooke of Alverthorpe (Lab)]

My Lords, following on from the question of the noble Baroness, Lady Watkins, which I presume relates to the length that people continue in post, could the Minister say—I am sure he wants to continue to improve governance—whether he has looked at the Cadbury principles and seen whether they could be applied in certain areas of trusts?

[Lord Agnew of Oulton]

To reassure the noble Lord, an academy trust is scrutinised not only by the Department for Education; we are co-regulators with the Charity Commission and, when a person becomes a trustee of a trust, he or she is also a director, as in company legislation. We expect the highest levels of probity, and we act when that does not happen.

[Baroness Kramer (LD)]

My Lords, as my noble friend Lord Storey’s initial Question implied, wrongdoing, abuse and mistakes are nearly always exposed by whistleblowers rather than by any official monitoring mechanism. From my work with the APPG on Whistleblowing, it is very evident that whistleblowers in this area rarely know to whom they can safely complain or report. Retaliation is exceedingly common. Would the Minister make some effort to look across this field and see whether there can be real improvements, because it is the whistleblowers who are helping keep the system clean?

[Lord Agnew of Oulton]

The noble Baroness is correct that whistleblowers play an important part in the regulation of the system, but I assure her that that is not the whole story at all. We rely on the external audit reports that we receive from auditors and we issue financial notices to improve wherever we come across wrongdoing. However, I am happy to look into whistleblowing procedures to ensure that we are protecting their interests when they are used.

Education: Industrial Strategy

Lord Agnew of Oulton Excerpts

Monday 24th June 2019 Lords Chamber

[Baroness Bull (CB)]

My Lords, I beg leave to ask the Question standing in my name on the Order Paper and declare my interests as set out in the register.

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

My Lords, as we place a much greater emphasis on skills and professional technical education, further education colleges have an increasingly key role to play in delivering the skills needed to support our industrial strategy. They form part of our skills infrastructure, delivering the full range from basic skills to high-level technical training. They are key to delivering existing professional technical and apprenticeship training, and will be important to the delivery of T-levels and the national retraining scheme.

[Baroness Bull]

My Lords, industrial strategy investment in skills is welcome but the sums are tiny alongside the £7.4 billion set aside for research and development. Innovation is vital, but so is a skilled and adaptable workforce. Is the Minister concerned by Augar’s report of shrinking numbers enrolling in colleges at technician level, declines in adult learning and a 45% fall in spending on adult skills over the last decade? Does he agree that investment in further education would not just address skills shortages across the economy but support social mobility by tackling stubborn inequalities of income and opportunity?

[Lord Agnew of Oulton]

My Lords, I recognise the pressures that FE funding is under and we are looking at this carefully ahead of the spending review. Further education is a driver of social mobility, providing a wide range of education and training for both young people and adults. For example, we know that a level 2 apprenticeship boosts earnings by 11% and a level 3 apprenticeship by 16%. They can provide a second chance by engaging adults who are furthest from learning and the labour market, providing the skills and training that they need to equip them for work.

[Lord Watts (Lab)]

My Lords, the skills gap between ourselves and, say, Germany is massive. Despite that, the Government have made cuts every year. Why are they cutting something that we need to catch up on?

[Lord Agnew of Oulton]

My Lords, we have protected the base rate of 16 to 19 funding to 2020 and we are putting in money in slightly different ways. For example, we are providing some £500 million this year for disadvantage funding—uplifts in addition to the base rate—and we have provided additional funding to support institutions to grow participation in level 3 in maths and additional funding for T-levels, which will come on stream in the next year or so.

[Baroness Blackstone (Ind Lab)]

My Lords, can the Minister explain why the cuts that the Government have already made were instigated in the first place?

[Lord Agnew of Oulton]

I am afraid that I did not hear the noble Baroness because of some interruptions. My apologies.

[Baroness Blackstone]

I am sorry; I shall quickly repeat it. Will the Minister explain why the cuts were instigated in the first place? I do not think that he answered my noble friend’s question about the various changes that will be made from now on. Why did the Government make them in the past?

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[Lord Agnew of Oulton]

The noble Baroness will know that we have put a floor under funding for young people from 16 to 19. I cannot speak for what happened in 2010 or earlier, but if she would like me to write to her on that, I will be very happy to do so. However, we are absolutely committed to further education, and in an earlier answer I gave examples of some of the areas that we have put resources into.

[Baroness Wolf of Dulwich (CB)]

My Lords, the noble Baroness, Lady Bull, pointed out the chronic underfunding of further education and referred to the Augar review; I declare an interest as a member of the panel that produced that review. I will follow up on this by asking the Minister how the Government can possibly deliver on some of the specific commitments of the industrial strategy without rethinking in major form the way in which they fund further education. More than 60% of all private sector jobs are in small and medium-sized enterprises, which operate in a way that means they cannot work easily with universities and depend directly on the further education sector. The industrial strategy, among other things, commits itself to putting the UK at the forefront of high-efficiency agriculture and transforming construction techniques. I cannot see—I would like the Minister to tell us—how this can be delivered without changing the funding system.

[Lord Agnew of Oulton]

My Lords, we welcome the Augar review. It was the most far-reaching review of further and higher education since—amazingly—1963. It makes a number of recommendations that we are considering. The industrial strategy has aimed to support education and skills with a package of some £400 million. That includes a four-year programme to improve teaching and participation in computer science, an additional £50 million to improve the quality of post-16 maths teaching, £100 million of new government funding for the national retraining scheme, and £20 million to support providers to prepare for T-levels. We are doing a great deal to support the industrial strategy and it remains a key focus.

[Baroness McIntosh of Pickering (Con)]

My Lords, will the Minister confirm not only that this Government are putting more money into apprenticeships but that more apprenticeships are being completed, and more full-time jobs are being offered to those who have completed their apprenticeships?

[Lord Agnew of Oulton]

The noble Baroness is right. The number of starts for the first quarter of 2018-19 is some 76,000, compared with 41,000 this time last year. We know that the quality of the new apprenticeships is of a much higher order than under the old system, and this shows that employers are getting behind the scheme.

[Lord Storey (LD)]

My Lords, the creative industries are an important part of the industrial strategy. They are worth £101 billion per year to the British economy and grow at double our overall rate of economic growth. The difficulty is finding people to go into the creative industries. We are seeing, as we heard in the first Oral Question, that the number of students following creative subjects is declining in our schools. How can we ensure that we have the young people to go into these important creative industries?

[Lord Agnew of Oulton]

My Lords, for that to happen, we need to make sure that we have apprenticeship standards for the creative industries. A great deal of work is going on there and the number of apprenticeships in creative subjects is increasing as we speak.

[Lord Brooke of Alverthorpe (Lab)]

My Lords, will the Minister say whether—notwithstanding all the money that he describes the Government pumping into further education—he is really content with the present funding arrangement, as posed in the question from the noble Baroness on the Back Benches?

[Lord Agnew of Oulton]

My Lords, I am concerned about funding for further education. I believe that it needs to be a priority in the spending review; I have said that publicly, as recently as last week at the Wellington Festival of Education. We need to put more emphasis on that and to ensure that we are developing the skills base we need for the next generation.

[Lord West of Spithead (Lab)]

My Lords, does the Minister not think that when the youngsters at these colleges look at our shipbuilding strategy—which is part of the industrial strategy—they will be surprised that the shipbuilding strategy does not involve any ships being ordered?

[Lord Agnew of Oulton]

My Lords, shipbuilding is a long-standing and noble industry in this country, and we will continue to encourage it. However, we are in a globalised world, and it is a priority that we encourage skills in the areas that are growing most rapidly.

Education: Music A-level

Lord Agnew of Oulton Excerpts

Monday 24th June 2019 Lords Chamber

[Lord Black of Brentwood (Con)]

My Lords, in begging leave to ask the Question standing in my name on the Order Paper, I declare my interest as chairman of the Royal College of Music.

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

My Lords, music is a vital subject. That is why we are allocating more funding to music education programmes—over £400 million between 2016 and 2020—than to any other subject except PE. These programmes include our network of 120 music hubs, which works with 89% of state schools. They also include opportunities for young people to study at the country’s elite musical institutions through our music and dance scheme and to perform at the highest level through national youth music organisations.

[Lord Black of Brentwood]

I thank my noble friend for that Answer. A-level music is a crucial gateway to a professional career in music. If it dies out, the future of music in the UK will be threatened. Is my noble friend therefore alarmed at the shocking decline in the number of pupils taking it—down almost 40% in eight years—earning it the unenviable record of being the fastest-disappearing A-level subject? More disturbing still, is he aware of research by Birmingham City University which has painted a devastating picture of provision, with 20% of entries clustered around fewer than 50 schools and four local authorities in the most deprived parts of the country not having any A-level music centres and therefore no A-level entries at all last year? Is he therefore as angry as I am at such indefensible inequality, with access to A-level music—and therefore the chance of a music career—rapidly becoming the sole preserve of the wealthy and of independent schools and disappearing completely from poorer areas?

[Lord Agnew of Oulton]

My Lords, it is of course correct to say that A-level entries in music have declined in recent years. However, we want all students to have the opportunity to study arts subjects at A-level if they wish to, whatever their background and wherever they live. It is up to individual schools and colleges to decide which A-level courses to offer; they may wish to work together with other schools and colleges to maximise choice. I also point out to my noble friend that there are other routes into music. For example, on Friday evening I was in Norwich Cathedral with the choir; in the organ loft they are teaching children to sing in English, German, Italian and even Russian. All of this can lay the foundations for a future career in music.

[Lord Storey (LD)]

My Lords, the Minister will be aware, because he kindly wrote a reply to a written request, that over the past five years the number of pupils doing GCSE music has declined, the number of pupils doing A-level music has declined, the number of students going to university to do a music degree has declined, and the number of music teachers has declined. There is one beacon of success in the independent sector, where music still flourishes. Does the Minister not think that the 98% of pupils in state schools should have the same opportunities as those in the independent sector? Does he not think that it is time to have a proper strategy to make sure that music is rescued in our schools so that it can flourish?

[Lord Agnew of Oulton]

My Lords, I accept that there have been declines in the area that the noble Lord pointed out. However, as I mentioned in my earlier reply, music can be taught in various different ways, and the number of hours spent on music education have remained pretty stable over the last nine years.

[Lord Winston (Lab)]

My Lords, research clearly shows that teaching music improves cognitive ability, memory, manual dexterity and emotional development. The noble Lord, Lord Black, is absolutely right to ask this important Question. If we do not have enough teachers—perhaps the Minister can tell me how many music teachers are currently practising in state schools—how can we manage the decreasing verbal ability of so many British pupils in the state sector?

[Lord Agnew of Oulton]

My Lords, I do not have the specific number of music teachers in the system but I know that the vacancy rate is only 0.5%, so I do not see that as a crisis. We have seen pressure on some schools crowding out subjects—for example, in key stage 2 by elongating key stage 4—but the new framework for Ofsted inspections starting from September will put more emphasis on a broad and balanced curriculum, of which music is a part.

[The Earl of Clancarty (CB)]

My Lords, will the Minister accept that now the Russell group has now dropped its list of facilitating subjects, there is no justification for the Government to continue with the EBacc either?

[Lord Agnew of Oulton]

My Lords, it is correct that some universities have withdrawn the list of facilitating subjects, but they have replaced it with a website which gives children pointers to the sorts of subjects they need to study if they are to go on and do challenging degrees; for example, if you want to read medicine, you cannot do that by dropping science subjects at either GCSE or A-level.

[The Lord Bishop of Chichester]

My Lords, does the Minister agree that the decline in music A-level is part of a broader problem of social inequality in access to music itself and music education? Is it not time for the Government to reassess the persistent and growing evidence of the damaging effect of EBacc and the contribution of music through other routes such as BTEC in broadening access to our leading conservatoires, and to adjust the disproportionate bursary funding that allows £9,000 to music graduates but up to £32,000 to graduates in other subjects, in spite of recognition that music is vital to sustaining the creative industries in our country?

[Lord Agnew of Oulton]

The right reverend Prelate shares the concern of many Peers in this Chamber today. As I have said in Answers to earlier Questions, music has been extremely important in my own life; as I mentioned a year ago when this was raised by my noble friend Lord Black, my own father was cured of a debilitating stammer through the discovery of singing when he was a teenager. However, as I said earlier, children can discover music not only through the specific routes of GCSE and A-level. We have set up the music education hubs, which have been an outstanding success. In 2013-14, some 600,000 children had access to them, and last year, according to Birmingham City University, 89% of schools and some 700,000 pupils benefited from them.

[Lord Watson of Invergowrie (Lab)]

My Lords, despite what the Minister said, the Government’s commitment to music education is very much in question, not just because of the falloff in A-level entry that we have heard about. When I met the Secretary of State two weeks ago to discuss music education, he was unable even to give me a commitment that the national plan for music education, which finishes next year and to which the Minister alluded in his initial response, would continue. That is a disaster for the many young children who are studying music just now but have no guarantee beyond 2020. Will the Minister undertake to investigate the possibility of transitional funding to ensure that those young people can continue with their studies?

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[Lord Agnew of Oulton]

My Lords, as the noble Lord will know, these matters are all subject to the spending review, which is under discussion at the moment, but he should rest assured, as I said in my opening Answer, that music remains a high priority for the department.