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Lord Lucas: I quite agree that it is too late at night to discuss the Dutch education system, or anything else Dutch for that matter. I am sure that we shall find another opportunity to return to this matter at a more sensible time of day. I beg leave to withdraw the amendment.
Amendment, by leave, withdrawn.
[Amendments Nos. 251 and 252 not moved.]
Baroness Ashton of Upholland moved Amendments Nos. 252A and 252B:
- Page 44, line 33, leave out paragraph (b).
- Page 44, line 35, after "submitted," insert—
On Question, amendments agreed to.
Clause 66, as amended, agreed to.
Clause 67 [Duty of LEAs to secure proposals]:
[Amendment No. 253 not moved.]
Baroness Blatch moved Amendment No. 254:
The noble Baroness said: There is a great deal of disquiet about the future of sixth forms in the context of the advent of regional assemblies, the establishment of learning and skills councils, the thrust behind the Government's actions, and the organisation and funding of sixth forms. I well remember the Government's unequivocal promise in debates on establishing learning and skills councils that they would not have the power to remove sixth forms. We suspected at the time that the Government's agenda, if not hidden, was under the surface. It has been brought to fruition in the Bill.
The National Association of Head Teachers remains most concerned about the powers granted to learning and skills councils to reorganise post-16 education and thereby close sixth forms. There is deep suspicion that LSCs will attack small sixth forms in particular and, on the back of area inspections, look to a tertiary solution in general.
My colleagues in another place were denied the opportunity to debate the future of sixth forms because of the pernicious use of the guillotine procedure; otherwise, they would certainly have introduced an amendment with a presumption against
The first part of the amendment provides that where a learning and skills council proposes a change in sixth-form provision, there shall be a presumption that a school sixth form will not be closed where the governing body of the school proposes that it should continue and believes that it contributes to the success of the school as a whole. The proposed subsection (2) states that presumption shall not apply if an inspection has shown that education for those above compulsory school age is of an unacceptable standard. If a sixth form is not providing good education, there will be a formal inspection. Only subject to that would the proposed subsection (1) apply.
Finally, a maintained school that provides education for pupils above compulsory school age but below the age of 19 may submit proposals to the relevant authority to increase the number of sixth-form places. The relevant authority shall provide funding for those places at the same rate per capita as for existing places, provided that the school can demonstrate sufficient demand for those places.
The Government make much of wanting to provide education in all areas to match the needs of young people. Rural areas in particular, where there is much less choice, become attached to schools that have sixth forms. Those areas are increasingly concerned about the external views of learning and skills councils, which will philosophically have an urge to rationalise 16-plus provision, make it administratively neat and tidy and create a tertiary system—ignoring the value of a sixth form to a particular school and the logistical problems faced by young people in rural areas, including the distances that they would have to travel to a sixth form or further education college.
I believe it is absolutely right that the patchwork of provision for post-16 education should include a robust further education sector and a very robust sixth-form college centre, where that works. Certainly the noble Baroness will know that the collegiate system in the city of Cambridge works extremely well. There are also schools there which have sixth forms and value them. Therefore, there is a mixture of sixth forms, a sixth-form college system, further education colleges and even workplace education. I believe that those should be allowed to exist.
From informal contacts with the learning and skills councils, especially at national level, we know that there is definitely an agenda here. Because of that, we are supporting the National Association of Head Teachers. We also support the idea that all schools that have a sixth form should continue to enjoy that sixth
Baroness Sharp of Guildford: I rise to support the amendment of the noble Baroness, Lady Blatch. I also want to speak to Amendments Nos. 255, 256 and 257, which also raise concerns about precisely what the extension of powers of the Learning and Skills Council, as contained in Clause 68, means. These three amendments are probing amendments. They seek to find out a little more about precisely what the Government and the Learning and Skills Council have in mind.
The first—Amendment No. 255—comes from the Association of Colleges. It is concerned with trying to obtain a clearer picture of what the Government's intentions are in relation to the circumstances under which the Learning and Skills Council will be empowered to bring forward proposals for the establishment and reorganisation of sixth forms.
In the consultation paper, 16-19 Organisation and Inspection, which preceded the Bill, the Government proposed two triggers which would allow the Learning and Skills Council to initiate proposals for the improvement of 16 to 19 provision. The first would come from recommendations arising from the report on area inspection; the second would arise where other evidence, such as institutional reports of student achievement or participation rates, convinced the Learning and Skills Council that provision in the area was not sufficient or adequate to meet the needs of the students. The first proposal is embodied in proposed new Section 113A, but the second has been replaced by a much more general power embodied in subsection (1)(b) to specify in regulations other circumstances where the LSC would be able to act.
Changes to the organisation of 16 to 19 provision are frequently controversial because of the impact on existing provision, both in regard to changes in the character of institutions and on access for students. Often, they will also have substantial implications for employment, involve significant investment and require restructuring of a learning delivery system. Only rarely will changes be possible which do not affect existing institutions to any significant extent; for example, where new provision is being developed in response to major population growth and new housing development.
Equally, while there would be general agreement about the desirability of improving the quality of provision and raising standards, the assessment of quality involves subjective judgments as well as objective evidence. The relationship between the organisation of provision and quality is complex. In consequence, it is vital, first, that it can be shown objectively that the reorganisation is necessary and that other measures would not achieve a similar outcome; secondly, that the basis on which proposals
Therefore, Amendment No. 255 is intended to probe how far the Government intend to use these powers. It is based on four propositions reflecting those considerations. The first is that the evidential basis for action should be established clearly and publicly by the Learning and Skills Council before any action is proposed. Secondly, re-organisation should not automatically be the preferred option where there are weaknesses in the provision and other options for improvement should also be considered, and considered on an equal footing. Thirdly, there should be a formal published assessment of the impact of any re-organisation proposal on local providers, taking into account access, personnel, finance and estates issues. Lastly, the criteria that should be used to assess the validity of the proposals should be consistent and should, as a minimum, cover the impact on existing provision in both institutions that are the subject of proposals.
Amendment No. 256 proposes that the additional powers intended for the Learning and Skills Council, as outlined in Clause 68, are interventionist and go against local accountability, in that it has always been the role of LEAs, schools and local organisation committees to put forward proposals concerning school organisation. Clause 68 and Schedule 9 provide additional powers to the Learning and Skills Council in England and the National Council for Education and Training in Wales relating to the restructuring of sixth forms.
We are opposed to the proposal that enables the Learning and Skills Council to make proposals directly to the Secretary of State concerning school sixth forms. Local accountability must be maintained by safeguarding the decision-making processes of the school organisation committees. The Learning and Skills Council should not be able to gainsay the decisions made by the school organisation committees, as those committees were originally set up to consider school organisation proposals with all the local stakeholder groups involved.
Local accountability and democratic processes will be seriously undermined should the Learning and Skills Council and the National Council for Education and Training in Wales be given further extended powers in relation to the establishment, alteration and closure of maintained sixth forms.
Amendment No. 257 relates to special educational needs. Its purpose is to ensure that disabled young people and the parents of disabled children and children with special educational needs in schools in the area are consulted about any proposals to establish, alter or discontinue sixth form provision and that the Secretary of State or the National Assembly for Wales take account of those views.
"( ) specify such other matters as may be prescribed,"
After Clause 67, insert the following new clause—
"MAINTENANCE, EXPANSION AND FUNDING OF SCHOOLS SIXTH-FORMS
After section 113 of the Learning and Skills Act 2000 (c. 21) (inadequate sixth-forms) there is inserted—
"113A MAINTENANCE, EXPANSION AND FUNDING OF SCHOOLS SIXTH-FORMS
(1) Where the Learning and Skills Council proposes a change in sixth-form provision, there shall be a presumption that a school sixth-form will not be closed where the governing body of the school proposes that it should continue and believes that it contributes to the success of the school as a whole.
(2) Subsection (1) above shall not apply if an inspection has shown that education for those above compulsory school age is of an unacceptable standard.
(3) A maintained school which provides education for pupils above compulsory school age but below the age of nineteen may submit proposals to the relevant authority to increase the number of sixth-form places, and the relevant authority shall provide funding for those places at the same rate per capita as for existing places, provided that the schools can demonstrate sufficient demand for those places.""
11.45 p.m.
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