Memorandum 18
Submission from the Association of Colleges
(AoC)
DRAFT APPRENTICESHIPS
BILL
Introduction
AoC (the Association of Colleges) is the representative
body for colleges of further education, including general FE colleges,
sixth form colleges and specialist colleges in England, Wales
(through our association with fforum) and Northern Ireland (through
our association with ANIC). AoC was established in 1996 by the
colleges themselves to provide a voice for further education at
national and regional levels. Some 98% of the 415 plus general
FE colleges, sixth form colleges and specialist colleges in the
three countries are in membership. These colleges are the largest
providers of post-16 general and vocational education and training
in the UK. They serve over four million of the six million learners
participating in post-statutory education and training, offering
lifelong learning opportunities for school leavers and adults
over a vast range of academic and vocational qualifications. Levels
of study range from the basic skills needed to remedy disadvantage,
through to professional qualifications and higher education degrees.
The key role played by the sector and its 250,000
staff in raising the level of skills and competitiveness of the
nation's workforce make colleges central to the Government's national
and regional agenda for economic prosperity and social inclusion.
AoC services to member college corporations include information,
professional development and support in all aspects of institutional
management, governance, curriculum development, quality, employment,
business development and funding. AoC also works in close partnership
with the government and all other key national and regional agencies
to assist policy development, continuously to improve quality
and to secure the best possible provision for post-16 education
and training.
DRAFT APPRENTICESHIPS
BILL—JULY
2008
A RESPONSE BY
THE ASSOCIATION
OF COLLEGES
(AOC)
INTRODUCTION
World-class Apprenticeships: Unlocking Talent,
Building Skills for All, published in January 2008, set out the
Government's plans for the expansion and strengthening of the
Apprenticeship Programme. The draft Bill establishes a statutory
basis for the Apprenticeship programme and sets out the proposed
legislation for consultation. We have initially outlined the principles
which underpin our response, and then summarised the main provisions
of the draft Bill which we have used to provide the structure
of our response.
THE PRINCIPLES
UNDERPINNING THE
AOC RESPONSE
The legislation:
— should facilitate the expansion of
the Apprenticeships programme by allowing sufficient flexibility
to allow innovative models of delivery to flourish;
— should ensure that apprenticeships
are seen as a high quality choice for young people, for those
in the workplace and for employers;
— should facilitate the development
of models of good practice and not have unintended consequences
that adversely affect (or prohibit) existing good practice;
— should facilitate ways in which colleges
can work with employers;
— should reduce bureaucracy;
— should be fair and not penalise non
achievement, where this is outside that apprentice's or that organisation's
control;
— should facilitate links to the other
elements of the 14-19 Curriculum Reforms to ensure apprenticeships
for young people are seen as a viable and attractive pathway which
does not "shut doors" on future educational opportunities;
and
— should fully utilise the potential
of QCF to offer specialisms, options and choice for apprentice
and employer.
SUMMARY AND
MAIN POINTS
OF THE
DRAFT BILL
Main points:
— This Bill will establish a statutory
basis for the Apprenticeship programme.
— A duty is placed on the LSC to provide
sufficient places for all suitably qualified young people 16-18
who want one (entitlement by 2013), in one of their two chosen
apprenticeship sectors.
— The Secretary of State will approve
the apprenticeship specification/blueprint.
— Sector Skills Councils, employers
and others can submit apprenticeship frameworks for approval,
in line with the specification.
— There will be a new certificate for
framework completion.
— There will be a new Apprenticeship
Agreement between each apprentice and their employer. This will
form a "contract of service" and will set out details
of on-the-job-training; the learning away from the workplace;
the apprentice job role on completion; and the amount of supervision
an apprentice will receive.
— Provision is made for the establishment
of a National Apprenticeship Service which will provide a one-stop-shop
for employers and potential apprentices. Initially the NAS will
work under the auspices of the LSC, but ultimately it will have
"end-to-end responsibility" for the apprenticeship programme.
— Provision is made for changes to
the Education Act of 1997 in relation to IAG in schools, to ensure
schools provide comprehensive information about apprenticeships.
RESPONSE TO
THE PROVISIONS
IN THE
DRAFT BILL
A statutory basis for Apprenticeships
1. AoC welcomes the intention to raise the
status of Apprenticeships so that they are seen as a third viable
learning pathway at levels two and three alongside Diplomas and
GCSE/A levels, as an option for young people who want good career
prospects or progression to higher education. However, this Bill
will establish a statutory basis for the Apprenticeship programme,
and there is a danger that this may result in the imposition of
too many restrictions when what is required is flexibility to
engage employers and meet their diverse needs. We would wish to
ensure that there is still sufficient flexibility to allow innovative
models of delivery to flourish, and that there are no unintended
consequences on current provision as a result of the legislation.
Employed status for Apprenticeships within a climate
of economic slow-down
2. The legislation requires Apprentices
to be employed and AoC is concerned that the ambitious targets
of: 400,000 apprenticeship places by 2020 (Leitch Implementation
Plan 2007); the aim of one in five young people to be undertaking
an apprenticeship in the next decade; and an entitlement by 2013
(World Class Apprenticeships 2008), will not be met if demand
from employers is not stimulated. Exact data is hard to obtain
but we know that demand by young people for apprenticeships already
exceeds the supply of employers offering apprenticeship places,
and that this is particularly the case in some regions. It is
also clear that the current economic downturn is likely to affect
the willingness and ability of employers to offer apprenticeship
places. This needs to be taken into account and alternative solutions
explored: this might involve innovative college-led partnerships
managing work-based training.
3. According to the Labour Force Survey
(Federation of Small Businesses response to World Class Apprenticeships
March 2008) 69% of apprenticeships are delivered in SMEs. The
average SME employs only four people, with little time for off-the-job
training and equally little time to devote to devising training
programmes. AoC has concerns that many small employers have little
confidence that SSCs understand their needs. This leads us to
believe that there are several options for Government:
— Ensure the Bill does not put barriers
in the way of providers working directly with employers, so that
they can work with SMEs to develop apprenticeship frameworks to
meet their needs.
— Ensure the Bill empowers providers
to develop fit for purpose apprenticeships, for example to meet
the needs of SMEs, taking into consideration the greater flexibilities
to accredit apprenticeships in partnership with SSCs.
— Consider ways of incentivising SMEs
to make it easier for them to release staff for essential apprenticeship
training off-site that they cannot provide themselves because
they are so small.
4. In addition, the effect of an apprentice
being made redundant needs to be thought through, with every means
being explored to provide an opportunity for them to complete
their training. AoC welcomes the announcement by the Secretary
of State to establish a "clearing house" to match apprentices
in the building industry at risk of redundancy with other employer's
vacancies, so that they can complete their qualifications. We
would advocate that other occupational sectors could benefit from
such a scheme in the current economic climate, and see a role
for the National Apprenticeship Service here. However, since publication
of the draft Bill and the subsequent severe economic downturn,
colleges are telling us that this concern is becoming a reality
and apprenticeships are indeed being made redundant in situations
where there are no other employers willing or able to take them
on. AoC wonders whether an innovative short term solution needs
to be found for example, rather than transferring an apprentice
onto an unemployment register, transfer them to a college to become
a full-time student and complete the off-site elements of their
apprenticeship programme (see paras 23 and 24).
5. Finally, we note that non-completion
of training as a result of redundancy will impact negatively on
the college or training provider's retention, completion and success
rates. Whilst we naturally would wish every apprentice to complete,
our argument is that in uncertain times there are many reasons,
outside the control of either apprentice or provider, that might
now impact on an apprentice's capacity to succeed. This is causing
particular concern in relation to the LSC's Minimum Levels of
Performance which are calculated differently for Apprenticeships
than for other FE provision. For apprenticeships these are calculated
on the basis of each framework and by each level. Numbers involved
can be very small and losing even one or two trainees because
of redundancy can have a significant and disproportionate impact
on apprenticeship success rates. This poses a considerable risk
to providers where aggregated results fall below MLPs. Where this
occurs, the provision will be terminated and put out for open
tendering causing de-stabilisation for the provider and disruption
for the apprentices involved. We advocate that a means should
be found to remove penalties from colleges and training providers
for things which are out of their control. It will serve no purpose
to de-stabilise the training supply side in an economic downturn;
on the contrary, we believe that training provision needs to be
strengthened to support re-skilling and up-skilling in an uncertain
world.
Duty on the LSC to provide Apprenticeship entitlement
6. The legislation places a duty on the
LSC to provide apprenticeship places for all those suitably qualified
who want one and this will become an entitlement by 2013, but
where demand outstrips the supply of employed places it is difficult
to see how responsibility for this can rest with a funding and
planning body. The situation is compounded by providing a potential
apprentice with a choice of two areas and building an entitlement
that the applicant will be placed on one of these. This implies
that more places will need to be provided than may be taken up,
which would result in under or over supply (if so many places
could be found), and more turbulence created in the system. This
is a further example of responsibility and duty being given to
the "supply" side for something which is not within
its control.
7. We believe that IAG and pre-course assessment
will need to be thorough, taking full account of students' prior
attainment and aptitude, to ensure that only those who have the
ability to succeed are able to start an apprenticeship, and the
that right of the provider to say no must be preserved. For those
young people who need an opportunity to develop and improve their
existing attainment, AoC advocates development of a new Access
to Apprenticeship programme (see para 23 and 24 below).
8. AoC notes that duties are placed on the
LSC in same Bill in which legislation is introduced to remove
the LSC, and would welcome clarification as to who will fulfil
this function in the future.
Sector Skills Councils (SSCs), employers and others
to submit frameworks for approval
9. It will be necessary to stimulate demand
from employers in existing and new occupational sectors if the
ambitious Government targets for apprenticeships are to be met
and AoC welcomes the provision in the Bill for SSCs, employers
and others to submit frameworks for approval. We believe that
there is a need for increased flexibility in framework design,
along with a simplification of the process of validating new frameworks,
to allow programmes to be developed which meet the needs of employers.
We would anticipate that colleges will be able to work with employers
to develop apprenticeships tailored to meet their needs with a
strong degree of in-house training, and that they will be able
to submit these for approval. This may be beneficial in attracting
SMEs in particular to the Apprenticeship programme. AoC would
like coherent development of such Apprenticeships. The AoC Skills
Groups, working with the SSCs, could provide a vehicle for this
on behalf of the sector.
10. AoC would hope that colleges which meet
agreed standards will become awarding organisations allowing them
to develop "bespoke" apprenticeships—in line with
a Blueprint that allows for standardisation of the Apprenticeship
brand, but sufficient flexibility for innovation—in conjunction
with employers, which could then confer the same benefits to SMEs
that larger employers will gain from being able to submit their
own framework proposals.
11. AoC has suggested to QCA a coherent
model in which AoC Skills Groups would apply to become Awarding
Organisations, sector by sector and in close partnership with
relevant SSCs as one possible option. The college itself would
benefit, in being able to provide bespoke qualifications to the
employers it serves, and others would similarly be able to accredit
through the one college. We believe this will work well in niche
and specialist markets where traditional awarding bodies may not
see a big enough market.
12. Apprenticeship provision mainly consists
of Apprentices (level 2) and Advanced Apprentices (level 3) and,
although some Higher Apprenticeships do exist, there is minimal
progression of Apprentices to higher level learning. AoC believes
that elements that will facilitate progression to higher level
skills need to be built into Apprenticeship programmes, and that
as well as showing the UCAS tariff, Advanced Apprenticeship Frameworks
should be required to demonstrate progression opportunities to
higher study, either in the workplace or elsewhere.
Certificate for Framework completion
13. AoC believes that a certificate for
framework completion may raise the credibility of apprenticeships—particularly
if UCAS points are attached to Advanced Apprenticeship programmes.
However, whilst having benefits for apprentices and apprenticeship
programmes in general, we are concerned that non completion may
adversely affect the success rates and funding. The apprenticeship
is a complex qualification, often involving two or three separate
organisations supporting the achievement of separate elements
of the qualification. Currently, funding can be drawn down by
each respective partner involved in delivering the apprenticeship
qualification in a straightforward transaction. There would be
extra bureaucracy, a significant time-lag, and the potential for
unfair penalisation of organisations if, for any reason, the apprentice
fails to complete and funding was changed so that it was only
payable on full completion. As described above, completion may
lie outside of their control.
14. AoC sees possible potential to include
within the completion Certificate a Licence to Practice. Where
these exist they have proved to be a good way of professionalizing
a sector by ensuring minimum standards of performance. They add
value to a sector, becoming recognised and sought after (ie Corgi
Gas fitters), and are a proven way to stimulate the market, for
example the massive growth of NVQs in the Care sector when these
became a requirement to practice. In uncertain times this might
offer a way forward in many more sectors in which there are good
reasons (ie health and safety) why standards must be met. However,
this needs careful consideration as there are potential risks
to the labour market which would need to be assessed.
15. We believe that it should be possible
for the system underpinning this not to be overly bureaucratic,
nor to result in additional costs to apprentices or providers,
and that it should have a short turnaround time for the issuing
of certificates. We would anticipate that the extra volumes might
offset any extra costs.
16. We note that the certificate will include
only employer and apprentice details, and think that inclusion
of the training provider may facilitate progression to higher
levels of training and/or study.
Apprenticeship agreement
17. The legislation includes the requirement
for an apprentice to have an Apprenticeship Agreement which will
form a "contract of service" with the employer. There
is some concern about the effect of this contract particularly
on early termination, redundancy, employer liability and group
approaches to apprenticeship delivery.
18. AoC believes that Group Training Organisations,
which are working successfully in Australia and are now being
developed by some colleges in the UK, offer an innovative method
by which employers can host an apprentice without employing them
directly. We hope that, under the terms of the Bill such schemes
will be encouraged.
19. AoC welcomes the announcement of the
increase in the level of apprenticeship pay from £80 to £95.
We recognise that there is a tension between payment of the National
Minimum Wage, as reasonable payment for a job of work, against
the arguments that this will have a negative impact on the taking-on
of apprentices by employers. However, the Federation of Small
Businesses (FSB) report that their members support the payment
of the National Minimum Wage for apprentices (FSB Apprenticeship
survey 2008)
Apprenticeships in the Public Sector
20. World Class Apprentices makes a commitment
to reducing the inconsistencies in the public sector's usage of
apprenticeships and states that public sector targets for each
component of the public sector and duties will be introduced.
AoC notes that this is a non-traditional sector for apprenticeship
provision and would see the need for the development of new frameworks
at all levels. Evidence suggests that apprenticeships, where available
in the public services, tend to be in business and support service
areas (as AoC research below supports) which raises issues regarding
progression from apprenticeships to professional qualifications
and of the need for the development of higher level apprenticeship
frameworks.
21. We believe that the development of new
frameworks should be considered at two levels. The first is at
the local level where colleges, acting as advocates of apprenticeships
for young people and adults, can work with local public services
such as health and Local Government to develop frameworks that
meet their needs. The second is at a national level where we believe
that the national workforce strategy for each of the public sector
services needs to include processes for public service apprenticeship
delivery; as well as processes for the development of these with
the relevant SSC.
22. As the representative organisation for
a publicly funded sector, AoC recently carried out some preliminary
research to determine the number of apprentices currently employed
in Colleges across England. Approximately 20% of general FE colleges
were approached directly, and early indications are that these
colleges employ on average five apprentices each, with over 60%
employing at least one. The apprentices are employed almost exclusively
in business support or administration roles. More anecdotal feedback
suggests that there is potential for an expansion of apprentices
employed by colleges if the profile of apprenticeships and the
processes associated with them are better understood.
Proposal for a new preparation programme—A2A
(Access to Apprenticeship)
23. The requirement for an apprentice to
have an Apprenticeship Agreement with an employer which will form
a "contract of service" appears to imply an end to the
current Programme Led Apprenticeship programme. Whilst there may
be a case for restricting the term "apprentice" to those
with employed status, we would be concerned that the concept of
Programme led is lost. In some industries where permanent contractual
arrangements are limited such as the creative industries, or others
where a level of skill is required from the start of employment
as in the Care sector, and there are age restrictions, it is difficult
to implement traditional apprenticeship programmes. Innovative
solutions to this situation need to be explored to ensure that
these potential future apprentices are not lost.
24. AoC believes there is an opportunity
for a fresh look at the way in which young people can access the
Apprenticeship programme. We strongly believe that many young
people will need an opportunity to develop and improve existing
attainment prior to becoming eligible for an apprenticeship. We
would advocate therefore the development of a flexible, new Access
to Apprenticeship programme (A2A) which would enable employers
and further education colleges to properly prepare recruits with
employability skills, functional skills and perhaps the technical
certificate (or elements of a Diploma/other education routes)
as a funded and recognised precursor to Apprenticeship training.
We are aware that this new title does not accord with Government
thinking which is to decouple the word "apprentice"
from anything that is not employer led. However, we think that
each learning route should be clearly signalled for young people,
including for those with a commitment to apprenticeships, but
who haven't got the minimum requirements, or employers willing
to take them on at their current level of attainment.
25. If we look at the existing Programme-led
Apprentices (PLA) Programme, we note that Ofsted sees significant
value in this provision. The Ofsted Report on PLAs published in
July 2008, found that PLAs are an important alternative to traditional
employer-led apprenticeships, providing a path for young people
who may find it difficult to gain employment, or for those who
require an initial phase of upfront training before progressing
onto an employer-led apprenticeship; that the majority of employers
are positive about the impact of PLAs as learners were found to
be better prepared for the workplace, more confident, had greater
knowledge and skills and were able to complete the full apprenticeship
framework in a shorter time. We believe any criticisms could be
addressed in the new approach we are advocating.
National Apprenticeship Service
26. The National Apprenticeship Service
aims to simplify the organisation and management of apprenticeships,
and although it remains to be seen how this will work in practice
we believe it should not be overly bureaucratic so that colleges
and other providers are still able to respond quickly to employer
requirements. It is intended to be the single point of contact
with employers but we believe that the relationship between employer,
provider and apprentice is often based on experience and reputation,
and that colleges will not want to lose contact with their employers
through the setting up of an intermediary. Apprenticeships are
a key component of many colleges employer engagement strategy
and thought needs to be given to maintaining the ongoing relationships
between colleges and employers, whilst encouraging other employers
into the system. The solution for Train to Gain was use of a brokerage
system where this was needed, but allowed alternative routes where
it was not.
27. We believe that the success of the service
will depend to some extent upon its links with local and regional
structures and providers; its understanding of regional variations
in the nature of programmes, employer needs and types of provider;
its understanding of the provider base in local areas; the establishment
of transparent and adequate funding models; the ability to interface
with Train to Gain; the promotion of the vacancy matching service
to all learners, employers and providers; its capacity to support
SMEs to engage with the vacancy matching service; and, its ability
to reduce bureaucracy.
28. However, we believe that the NAS could
provide an effective marketing and promotion programme for schools
and employers and could be used to raise the profile of Apprenticeships
which would be of benefit to all concerned.
Information, advice and guidance in schools
29. AoC welcomes moves to improve IAG in
schools and to ensure impartiality, and believe that the legislation
could go further to ensure that this is embedded in the careers
education curriculum in schools and colleges. We believe that
this will need to be backed up by a full CPD programme for staff
in schools to ensure their understanding of apprenticeship programmes.
However, it is unclear how this requirement will be monitored
and enforced, and what the penalty will be for those who do not
meet the requirements of the Act.
30. In addition, AoC believes that it is
the curriculum itself that should be the vehicle to apprenticeships,
and that IAG by itself will not achieve this. We would anticipate
that, as the 14-19 Qualifications Strategy is embedded in schools
and across consortia, and as young people studying Diplomas move
more freely between institutions there will be a breaking down
of traditional routes and more opportunities for young people
to discover alternative routes including apprenticeships, hopefully
coming directly into contact with young people who have chosen
this route. Advocates are needed for apprentices.
Progression into and from apprenticeships—integrating
apprenticeships into the other aspects of the 14-19 Curriculum
and to higher level study
31. AoC supports the Government's aim to
develop a coherent curriculum model 14-19, a single framework
of which Apprenticeships are part, and believes this is essential
to the success of plans to raise the participation age. However,
we believe that much clearer links and progression pathways need
to be made between the different routes in the 14-19 Strategy,
namely Apprenticeships, Diplomas and GCSE/A levels. We believe
that work needs to be done to map each route respectively to ensure
each meets the requirements of the other, to facilitate progression
between them. We believe that the requirements of the draft new
Blueprint are appropriate and have the potential to link well
to the different learning routes within the new curriculum, including
the Foundation learning Tier and to HE.
We believe that each Diploma Line of Learning
should be mapped to the knowledge based element of the Blueprint
(represented by the technical certificates of the current apprentice
frameworks), to facilitate progression into apprenticeships from
Diplomas without the need for learners to repeat learning.
32. We are aware that the Foundation Learning
Tier Progression Pathway to Employment is designed to replace
the current Entry to Employment programme. However, we remain
concerned that progression from this programme into an apprenticeship
will be too big a jump for these learners who need considerable
support, and are concerned that there is likely to be early drop
out if young people progress to an apprenticeship programme and
then can't do it. We see progression to A2A as a means of providing
these learners with a stepping stone to a full apprenticeship
programme.
19+ year olds
33. We note that the legislation relates
to 16-18 year olds, and wish to see provision made for those over
19 to also receive public funding for apprenticeships programmes
as suggested in World Class Apprenticeships.
34. Just as there is a need for a bridge
from level one to level two for those 16-18 year olds, so there
is a need for this for those over 19 and AoC would advocate the
development of the Access to Apprenticeships model for those over
19 year olds, and would see this flexible programme as meeting
the needs of those out of work and now subject to new requirements
by DWP to undertake training to improve their prospects of gaining
long-term employment.
35. In advocating the expansion of publicly
funded apprenticeships to those over 19, which is suggested in
World Class Apprenticeships and supported in the Grant letter
to the LSC (2008-09) and by the Federation of Small Businesses
(FSB), AoC would wish to highlight that attention needs to be
paid to the marketing and pricing of Train to Gain to ensure that
a preferential market is not created.
Models of Apprenticeship Delivery
36. AoC has gathered examples of apprenticeship
delivery in colleges which is being complied into a pack of case
studies and which will be available on request.
September 2008
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