| Learning And Skills Bill [H.L.] - continued | House of Commons |
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Clause 7: School Sixth Form Funding47. Between June and October 1999, the Government consulted on two options in relation to recurrent LEA maintained school sixth form funding, as outlined in the consultation paper Learning to Succeed: school sixth form funding.
48. Following the consultation, the Government concluded that the LSC should fund LEAs for their sixth form provision. LEAs would continue to make the allocation decisions for each school, and would retain their power to provide additional funding to schools if they so wish. This decision will involve further consultation on the details of how and when changes will be implemented. This change is unlikely to be before 2002-03. The Government committed itself in the consultation paper to maintaining school sixth forms' funding levels in real terms (where pupil numbers do not fall). There are no plans to change the capital funding system in relation to schools sixth forms.
49. Clause 7 secures the LSC's power to fund LEAs in respect of their school sixth form provision, including that made in non-maintained special schools and independent schools approved for the requirements of pupils with special educational needs. No primary legislation is required to facilitate the implementation of the new mechanisms for the distribution of recurrent funding from LEAs to school sixth forms; the necessary provisions are in the School Standards and Framework Act 1998 and regulations made under that Act.
Clauses 8 to 11: other powers of the LSC50. Clause 8 gives the LSC powers to secure provision of work experience for those in their last two years of compulsory schooling and those in education up to the age of 19; and to provide for 'education business links' between, on the one hand, the world of work and, on the other, pupils of compulsory school age, young people in education or training up to the age of 19 and teachers. In practice, the LSC will have a key role in ensuring that local partners (such as Education Business Partnerships) work closely together to provide high quality opportunities for all young people which meet the needs of schools and the business community.
51. In clause 9 the LSC is given the power to assess the quality of the provision it funds, and take judgements about quality into account in deciding which providers it will continue to fund. This will form part of the LSC's quality improvement strategy. The intention is that the LSC secures value for money and that learners are offered provision of high quality. Findings from the two inspectorates, OFSTED and ALI, may inform these judgments, but their input will not provide regular, comprehensive information on all providers. Therefore, in practice, the LSC will take steps to investigate on its own behalf the quality of the provision it funds, through for example, visiting providers, putting arrangements in place for investigating complaints and acting on those which are well-founded. It will also have clear published performance indicators and benchmarks against which to measure quality of provision. The LSC may also draw up a list of accredited provision which meets certain quality thresholds, and cease to fund provision which does not.
52. Clause 9 also provides for the LSC, when making resources available to individual students, to calculate the amount made available by reference to fees and charges and also to other expenses associated with education and training such as transport or childcare.
53. Clause 10 provides for the role of the LSC in relation to what are currently known as individual learning accounts (see also clauses 96 and 97). The LSC is given the power to promote these learning accounts. It is also given power to enter into arrangements with the Secretary of State to make grants (in practice, discounts on learning provision), to specify the kinds of learning provision which qualify for the grants and to approve providers so as to make them eligible to offer learning provision under these arrangements.
54. Clause 11 provides a power for the LSC to appoint up to two additional governors to the governing body of an institution in the FE sector which mainly serves the population of England. It may wish to use this power if it has concerns about the way a college is being run, for example, where they consider there might be mismanagement or potential mismanagement by the governing body, or where there are signs that the educational provision at the college is failing.
Clauses 12 to 18: other functions of the LSC55. Clause 12 sets out the role of the LSC in relation to research and the provision of information, advice and guidance. The LSC will be under a duty to report to the Secretary of State on such matters as he may require and will have the power to offer such information and advice to the Secretary of State as it thinks fit. In practice, this is likely to include information about progress towards the Government's National Learning Targets (and advice on the setting of future targets); analysis of the learning and skills performance of England in comparison with other countries; a description of the LSC's learning and skills strategy, based on an analysis of local skills needs; and information on the quality and quantity of provision available locally to meet learning needs.
56. The clause also gives the LSC the power to secure the provision of facilities for providing information, advice and guidance about education, training and connected matters, including employment. In practice, the LSC, through its local councils, will fund the provision of information, advice and guidance services to adults which complement the Connexions Service for 13 to 19 year olds (clauses 103 to 112).
57. Clause 13 requires the LSC to pay particular regard to the needs of people with learning difficulties when performing its duties to secure facilities for education and training under clauses 2 and 3 and when exercising its powers to secure facilities for work experience under clause 8. In particular, the LSC must have regard to a report of an assessment made under clause 114. Learning difficulties are defined at clause 13(3). This definition is derived from current provisions for further education in section 4 of the Further and Higher Education Act 1992.
58. Clause 13 also describes the LSC's main responsibilities regarding the funding of boarding accommodation for those with learning difficulties. For those under the age of 25, the LSC must provide boarding accommodation where it is satisfied that it cannot make adequate arrangements for an individual unless it also secures boarding accommodation. For those over the age of 25, the LSC has a power to make such arrangements if it is satisfied that without it, provision for an individual learner would be inadequate.
59. Clause 14 requires the LSC to have due regard to the need to promote equality of opportunity between people from different racial groups, between men and women, and between people with a disability and people without. It must make an annual report on what arrangements it has made during the year, how effective they were and its plans for the following year. It must send a copy of the report to the Secretary of State. The Government has outlined, in pages 31-33 of the LSC Prospectus, some of the practical steps which it expects the LSC to take with regard to this duty. The practical steps will also be directed at other groups of people who face disadvantage, to enable them to benefit from opportunities for learning and developing skills.
60. Clauses 15 and 16 set out the planning the LSC is required to undertake. Plans need to include any measures the LSC intends to take to meet objectives the Secretary of State may set; financial proposals; and a strategy for the future development of activities and provision funded by the LSC. Two separate types of plans are envisaged: a three-year rolling strategic (corporate) plan and an annual business plan.
61. Clause 17 provides for the LSC to have regard to any information received from a body designated by the Secretary of State. This might include, for instance, the Qualifications and Curriculum Authority (QCA) who hold information likely to be relevant to the activities of the LSC on the nature and availability of accredited provision in particular areas and on issues of financial propriety connected with this provision.
62. Clause 18 gives the LSC additional general powers which it may exercise to enable it to perform its other functions. The powers enabling the LSC to form companies or take shares in limited companies may in practice involve facilitating appropriate partnership-working at the local and national levels for local workforce development, regeneration and economic development objectives. Clause 18 also enables the Secretary of State to confer by order additional functions relevant to education or training in England on the LSC. (Section 8(4) of the Further and Higher Education Act 1992 contains a similar power in respect of the FEFC.)
Clauses 19 to 20: local councils63. Clause 19 and Schedule 2 provide for the establishment of local learning and skills councils for each area specified by the Secretary of State. The Secretary of State has already announced that he is specifying 47 such local areas. His intentions, and the boundaries of those areas, are set out in the LSC Prospectus. The locations of each local LSC were announced on 29 February 2000 in answer to a Parliamentary Question from Philip Woolas MP [Official Report, col. 238W]. Clause 20 provides that the local LSC's duties and powers will be those of the national LSC which it chooses to delegate.
64. The Secretary of State has set out in the LSC Prospectus those activities which he expects the local LSCs to engage when exercising those powers and performing those duties. They include:
65. Schedule 2 makes provision about members and staff of local LSCs, and about delegation of functions.
Clauses 21 to 24: guidance to local councils and their plans66. Clauses 21 and 22 set out details of the planning arrangements the LSC and local councils must put in place. The LSC must prepare guidance and local LSCs must prepare and publish plans. In preparing a plan, a local LSC must consult any relevant Regional Development Agency (including the London Development Agency), local authorities (including local education authorities) within its area and any other body which the Secretary of State specifies. Such bodies could include Local Learning Partnerships and the Connexions Service. Local LSCs must have regard to the RDAs' regional economic strategies. They must also have regard to the local authorities' strategies for the promotion of economic, social and environmental well-being provided for in the Local Government Bill currently before Parliament.
Clauses 25 to 29: Miscellaneous67. Clause 25 allows the Secretary of State to give directions to the LSC, with which the LSC must comply. Directions may not relate to the funding of individuals or individual bodies. The Secretary of State currently has a similar power to give directions to the FEFCE (see section 56 of the Further and Higher Education Act 1992.) The Secretary of State will be able to intervene if he considers that the LSC has failed to discharge a statutory duty or has acted or is proposing to act unreasonably in the exercise of its functions.
68. Clause 26 and Schedule 3 require the LSC to set up a young people's learning committee and an adult learning committee (as well as giving the LSC the power to establish such other committees as it thinks fit). These two committees will advise the LSC on the learning needs, respectively, of young people (up to the age of 19) and of adults. Schedule 3 specifies the remit of the young people's and adult learning committees and contains general provisions about committees of the LSC.
69. Clause 27 gives the Secretary of State the power to fund the LSC by making grants, which may be subject to conditions including conditions on the funding of others by the LSC. Those conditions may not relate to the funding of particular individuals or of individual bodies. Clause 28 requires the LSC to report annually on its activities, including a financial report, for the Secretary of State to present to Parliament. Clause 29 defines the LSC's financial year.
PART II - NATIONAL COUNCIL FOR EDUCATION AND TRAINING FOR WALES (CETW)Clauses 30 to 49 and Schedules 4 and 570. These clauses and Schedules make provision for the establishment of the CETW, its functions, the establishment of committees, and powers of the National Assembly in relation to the CETW.
Clause 30 and Schedule 4: The CETW71. Clause 30 and Schedule 4 provide for the establishment of a new corporate body, the National Council for Education and Training for Wales (CETW). The CETW will be an Assembly Sponsored Public Body and its members will be appointed by the National Assembly for Wales. In making these appointments, the National Assembly will seek to appoint people with experience relevant to the CETW's functions, including people with current or recent business experience. The CETW's functions are to be carried out only in relation to Wales.
72. Schedule 4 makes provision about members and staff of the CETW; procedural matters, including the CETW's accounts and provision for the National Assembly to remove any member from office on the grounds of persistent non-attendance, inability or unfitness for office. The Schedule sets out provisions for disclosure of members' interests. The CETW will not be an agent of the Crown and its staff will not be civil servants.
Clause 31 to 33: The CETW's main duties73. Clause 31 sets out the duty of the CETW to secure the provision of 'proper' facilities for the education and training of people from 16 up to the age of 19. Facilities are 'proper' if they are of sufficient quantity and adequate quality to meet the reasonable needs of young people. Clause 32 sets out the duty of the CETW to secure the provision of 'reasonable' facilities for the education and training of people 19 and over. Facilities are 'reasonable' if they are of a quality and quantity which the CETW can reasonably be expected to provide taking account of the resources available to it. The effect of the exercise of these two duties is that the CETW will give priority to meeting the learning and skills needs of the younger age group. The duties do not extend to the provision of higher education which is the responsibility of the Higher Education Funding Council for Wales.
74. In performing the duties in respect of both age groups the Council must take into account a number of factors, including the education and training required in different sectors of employment. They must also bear in mind that other bodies, both statutory and private bodies, also provide education and training and therefore that it might reasonably expect education and training to be secured by other bodies without drawing on the Council's resources.
75. Unlike the duties of the FEFCW under the Further and Higher Education Act 1992, no distinction is drawn in the education and training provision which the CETW must secure for the two age groups between full and part-time education. Nor is there a limitation on the education which may be secured by reference to a particular type of course. In practice, the CETW will secure provision of education and training in school sixth forms (through funding LEAs, cf. clause 36), in FE colleges, in work-based training on the premises of employers, with private training providers and with voluntary organisations. The reference to 'organised leisure-time occupation', which is included in the definition of further education in section 2 of the Education Act 1996, in practice covers a wide range of organised activities offering opportunities for non-formal types of learning and which do not necessarily lead to a qualification.
76. Clause 33 sets out the CETW's duty to promote participation in post-16 education and training and to encourage employers to become involved in its support and delivery.
Clauses 34 to 39: The CETW's main powers77. Clauses 34 and 35 set out the funding powers of the CETW. The clauses makes similar provision to that relating to the English LSC in clauses 5 and 6 and these powers to fund will be used in relation to the CETW's functions. The CETW may disburse funding itself, or by arrangement with others. The clauses provide for the CETW to have regard to fees payable for education and training and makes provision for the CETW to apply conditions as to its funding, including charges, awards, recovery and amounts, and for exemptions. Clause 35 enables the CETW to impose conditions on the funding it provides, including access to accounts and documents, and information from persons in connection with the discharge of its functions. The clause also provides for the CETW to require providers of post-16 education and training to charge fees, make awards and recovers sums of money against specified criteria. The conditions set by the CETW can relate to provision made by providers with respect to people with disabilities.
Clause 36: Funding of school sixth forms in Wales78. Clause 36 provides for the CETW to have the same role in respect of funding of school sixth form provision in Wales as the LSC will have in England (see clause 7).
79. Clause 37 provides for the CETW to assess the quality of the provision it funds, and to take judgements about quality into account in deciding which providers it continues to fund. The intention is that the CETW secures value for money, and that learners are offered high quality provision. Findings from the Inspectorate, Estyn, will inform these judgements, but this input will not provide regular, comprehensive information on all providers. Therefore, in practice, the CETW will take steps to investigate on its own behalf the quality of provision it funds, through for example, visiting providers, putting arrangements in place for investigating complaints and acting on those which are well-founded, and having clear published performance indicators and benchmarks against which to measure the quality of provision. The CETW may also draw up a list of accredited provision which meets certain quality thresholds, and cease to fund provision which does not.
80. Clause 38 provides for the role of the CETW in relation to what are currently known as individual learning accounts. The CETW is given the power to undertake activity to promote these learning accounts. It is also given power to enter into arrangements with the National Assembly to make grants (in practice, discounts on learning provision), to specify the kinds of learning provision which qualify for the grants and to approve providers so as to make them eligible to offer learning provision under these arrangements. These powers are identical to those of the LSC in clause 10.
81. Clause 39 provides a power for the CETW to appoint up to two additional governors to the governing body of an institution in the FE sector which mainly serves the population of Wales. It may wish to use this power if it has concerns about the way a college is being run, for example, where they consider there might be mismanagement or potential mismanagement by the governing body, or where there are signs that the educational provision at the college is failing.
Clauses 40 to 44: The CETW's other functions82. Clause 40 sets out the role of the CETW in relation to information provision and research. The CETW has a power to carry out research and to provide the National Assembly with information regarding any of its functions as it sees fit. The clause also gives the CETW two duties - to provide the National Assembly with information or advice on request, and to establish systems for collecting information to help inform the quality of its decisions about post-16 education and training.
83. The clause also gives the CETW a power to secure the provision of facilities for providing information, advice and guidance about education, training and connected matters, including employment.
84. Clause 41 requires the CETW to pay particular regard to the needs of people with learning difficulties when performing its duties to secure the provision of financial resources to persons providing facilities for education and training under clauses 31 and 32 and when exercising its power to secure facilities for work experience under clause 34(1)(g). In particular, the CETW must have regard to a report of an assessment made under clause 114. Learning difficulties are defined at clause 41(3). This definition is derived from current provisions for further education in section 4 of the Further and Higher Education Act 1992.
85. Clause 41 also describes the CETW's main responsibilities regarding the funding of boarding accommodation for those with learning difficulties. For those under the age of 25, the CETW must provide boarding accommodation where it is satisfied that it cannot make adequate arrangements for an individual unless it also secures boarding accommodation. For those over the age of 25, the CETW has a power to make such arrangements if it is satisfied that without it, provision for an individual learner would be inadequate.
86. Clause 42 requires the CETW to have due regard to the need to promote equality of opportunity between people from different racial groups, between men and women, and between people with a disability and people without. It must make an annual report on what arrangements for this it has made during the year, how effective they were and its plans for the following year. It must send a copy of the report to the National Assembly.
87. Clause 43 provides for the CETW to have regard to any information received from a body designated by the National Assembly. This might include, for instance, Awdurdod Cymhwysterau, Cwricwlwm ac Asesu Cymru (ACCAC, the Qualifications and Curriculum Authority for Wales) which holds information likely to be relevant to the CETW's activities concerning the nature and availability of accredited provision in particular areas and on issues of financial propriety connected with this provision.
88. Clause 44 gives the CETW additional general powers which it may exercise to enable it to perform its other functions. With the exception of the power in respect of companies limited by guarantee, the provisions in this clause are similar to those in clause 18 and will enable the CETW to exercise fully its functions with regard, in particular, to property, contracts and investment. The CETW may not borrow money, nor can it lend money without the consent of the National Assembly. The clause also enables the National Assembly to confer additional functions on the CETW.
Clauses 45 to 49: Miscellaneous89. Clause 45 gives the National Assembly a general power to give directions to the CETW, with which the CETW has a duty to comply. Directions may not relate to the funding of individuals or individual bodies. The National Assembly currently has a similar power to give directions to the FEFCW (see section 56 of the Further and Higher Education Act 1992). The National Assembly will be able to intervene if it considers that the CETW has failed to discharge a statutory duty or has acted or is proposing to act unreasonably in the exercise of its functions.
90. Clause 46 and Schedule 5 enable the CETW to establish such committees as it thinks fit. Schedule 5 also contains general provisions about committees of the CETW.
91. Clauses 47 to 49 relate to financial and reporting matters. Clause 47 gives the National Assembly the power to fund the CETW by making grants, which may be subject to conditions including conditions on the funding of others by the CETW. Those conditions may not relate to the funding of particular individuals or of individual bodies. Clause 48 requires the CETW to report annually on its activities, including a financial report, to the National Assembly. Clause 49 defines the CETW's financial year.
PART III - INSPECTIONS IN ENGLANDClauses 50 to 69 and Schedule 6Chapter I: Clauses 50 - 57 and Schedule 6: The Adult Learning Inspectorate92. Clause 50 and Schedule 6 provide for the establishment of the new Non-Departmental Public Body - the Adult Learning Inspectorate (ALI). ALI will have nine members appointed by the Secretary of State. The Secretary of State will appoint one member as chairman and another as chief officer, and the latter will be known as the Chief Inspector of Adult Learning. The Chairman and Chief Inspector of Adult Learning cannot be the same person. This clause also allows the Secretary of State to make grants to the LSC with conditions as he sees fit.
93. Schedule 6 makes provision about members and staff of the Inspectorate and about procedural matters, including salaries, pensions and accounts. It makes provision for the Secretary of State to remove any member from office on the grounds of persistent non-attendance, inability or unfitness for office. The Inspectorate is permitted to set up committees and to delegate functions to the Chairman, chief officer or to committees. Committees may include persons who are not members of the Inspectorate. The Schedule sets out provisions as to members' interests and conduct should conflicts of interest arise. The Inspectorate will not be an agent of the Crown and its staff will not be civil servants.
94. Clause 51 sets out the Inspectorate's remit to inspect further education for people aged 19 and over funded by the LSC or an LEA; training made wholly or partly on employers' premises for people aged over 16, which is wholly or partly funded by the LSC; and training funded (through the Employment Service) under the Employment and Training Act 1973. There is a regulation-making power to enable other education and training to be prescribed as being within the remit. The regulations may bring training of and for further education teachers and lecturers within ALI's remit.
95. Clauses 52 to 54 set out the functions of the Chief Inspector of Adult Learning and the Inspectorate to inform the Secretary of State of the quality of provision, standards achieved and whether the financial resources made available to such providers are being managed efficiently and in a way which provides value for money.
96. Clause 52 places a duty upon the Inspectorate to keep the Secretary of State informed about the quality, standards and value for money of education and training which are within its remit (at clause 51). It also places a duty upon the Chief Inspector of Adult Learning to conduct inspections at intervals and at particular instances as requested by the Secretary of State. The Secretary of State may require the Chief Inspector or the Inspectorate to do other things which are within their remit as he things fit and both the Chief Inspector and the Inspectorate are required to have regard to Government policy.
97. Clause 53 Where an inspection is required by the Secretary of State, the Chief Inspector of Adult Learning must make a written report to the Secretary of State where requested to do so. The report must state whether the quality of provision is adequate to meet the reasonable needs of those receiving it. The Inspectorate must send copies of any such inspection report to various listed parties and make arrangements for publication.
98. Clause 54 The Inspectorate has a power to give advice to the Secretary of State and to inspect and make reports upon provision within its remit. It also provides the Inspectorate with a power to inspect training which is funded wholly by an employer, when requested to do so by that employer. In such circumstances, the Inspectorate may charge an employer for the cost of an inspection.
99. Clause 55 provides that inspectors will have a reasonable right of access to the premises of the providers being inspected, including access to electronic information held on computers. They will also be able to take copies of any records and documents relating to the education and training provision being inspected. Obstruction of an inspector in this way will be an offence, and anyone found guilty is liable to a fine as described in subsection (6).
100. Clause 56 requires a provider to prepare an action plan following the publication of an inspection report, indicating the actions, and the timing of the actions, he proposes in the light of the findings within the report. There is a regulation-making power to govern publication and dissemination of the plans.
101. Clause 57 provides a duty on the Inspectorate to produce an annual report on its activities which the Secretary of State must lay before Parliament. The Inspectorate may make and arrange for the publication of these reports on education and training provision within its remit.
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| © Parliamentary copyright 2000 | Prepared: 27 March 2000 |