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Unfortunately, we have had the situation where, up until now, the DCSF has become the largest local authority in the country, because it has been dealing with so many schools managed directly from the centre. There is, of course, a danger that the YPLA will now become the largest education authority in the country. However, we have had some useful discussions with Ministers and with the future head of the YPLA about how the YPLA will address its task. We are convinced that although what the Government propose is not, by any stretch of the imagination, our ideal it is somewhat nearer to our ideal of how the community and the local authority should interact with academies. I am therefore afraid that we are not in a position to support the noble Baroness, Lady Verma. As I say, when academies join the YPLA, we shall watch very carefully to see how well that works. We hope that local authorities will be consulted about the operation of academies at every point where legislation allows that to happen. We would like to see academies more engaged with the local family of schools than is the case at present.
Baroness Morgan of Drefelin: My Lords, I thank the noble Baronesses, Lady Verma and Lady Walmsley, for their remarks. This is a very important debate about the future approach to the academy programme. I was pleased that the noble Baroness, Lady Verma, accepted that this was at least the right time to consider the future of the programme, and that it has been very successful. I am disappointed that the government amendments do not garner her support but we have had a great deal of feedback from academies. I shall not trade names as I do not want to miss anyone out, but we have closely consulted the academy movement. When one thinks of the original sponsors and principals, one appreciates that the academy movement is now very diverse, with academies in many stages of development. The noble Baroness may have been disappointed with the consultation in the early days but I reassure her that we are now working very closely with academies. We have an academy working group and a close dialogue is maintained.
I thank the noble Baroness, Lady Walmsley, for her support for government Amendments 70 and 83. I am pleased that she considers we are moving in the right direction. I agree with her that all noble Lords will watch very carefully how the YPLA goes forward. We will be interested to see how the YPLA manages its relationships with academies as they will be doing a very important job on behalf of the Secretary of State. We are absolutely committed to ensuring that every child in this country has the opportunity to succeed. We want every child to enjoy their childhood, achieve their full potential and to turn 18 with the knowledge, skills and qualifications which give them the best chance of success in adult life. To achieve this we know that every school must be a good school, and academies must be in that number. As the noble Baroness, Lady Verma, said, academies are a success. The noble Baroness, Lady Walmsley, said that some of them are a great success. I am delighted that there is such positive support in the House for the work that academies do. They are playing a pivotal role in delivering this vision for our children. The Government remain absolutely committed to academies.
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We have a hugely ambitious target of 400 academies and we need to make sure that we plan for that. As numbers grow we have to ensure that each and every academy will continue to get the support, and sometimes the challenge, that they need to deliver the best possible education for their pupils. There is consensus from all sides of the House that the status quo-that is, the department continuing to deliver academy functions-is not the right way to proceed now. That is why we are planning now to make sure that academies can continue to flourish in the future. We may not have talked about the regional structure of the YPLA as much as we should but it will allow quicker, more focused support based on better knowledge of local communities in which academies are working. If we adopt the YPLA approach, the challenge and support of academies will be more personalised and determined in accordance with, and proportionate to, the needs of individual academies.
As we raise the participation age, I believe that academies will have a vital role in providing opportunities in the disadvantaged communities they serve. I believe that we are all committed to that. But to do it, academies will need to work with their local 14-19 partnership-I see this as a real opportunity for academies-local authority and the YPLA. The transfer to the YPLA will help them to do that. It will ensure academies have, in the YPLA, a champion working to ensure that the academy sector succeeds in improving outcomes for young people in those communities. However, the transfer to the YPLA also guards against the fragmented system we would have if one of the key providers, academies, were not part of and working within the YPLA framework. It ensures that young people will be able to access the full range of programmes that will be offered by further education, independent training providers, apprenticeships, academies and school collaborations. We are committed to work closely with sponsors and we will continue to consult them on the proposed arrangements. We have invited all the major multi-sponsors to come to the YPLA academies working group that is now meeting regularly to develop new ways of working together.
We have also committed that we will consult each year prior to issuing a new remit letter to the YPLA to make sure we are learning the lessons and taking sponsors' views on board as we go forward. We are listening carefully and we are responding in the design of the system as well as through amendments we have tabled. First, government Amendment 83 prevents the YPLA entering into a funding agreement to create an academy and making subordinate legislation relating to academies. I believe that I flagged that in Committee. Secondly, in response to issues raised by noble Lords and ongoing consultations with academy sponsors and principals, the amendment also ensures that there is a good procedure in place for academies, or others, to make a complaint to the Secretary of State if they are affected by the conduct of the YPLA. Academies will have a route of redress if they feel that the YPLA has acted unreasonably or against the principles of the remit letter. Finally, government Amendment 70 makes it clear that the Secretary of State will have a duty to ensure-the noble Baroness, Lady Walmsley, mentioned this-that the YPLA reflects the sectors and young
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I recognise that some sponsors are nervous about the sixth-form commissioning process, as the noble Baroness, Lady Verma, suggested. Above all else, the YPLA must ensure that the needs of learners come first. I do not think that anyone can disagree with the fact that we want the best institutions to be the ones that are commissioned. That is why we cannot accept a situation where academy sixth forms are funded automatically, as set out in Amendment 36 in the name of the noble Baroness, Lady Verma. However, academies often are the best providers. Those academies have nothing to fear. Local authorities cannot and will not just ignore that. If local authorities acted unreasonably in their commissioning role-refusing to fund high-quality provision may well count as unreasonable-they could face judicial review, as noble Lords are well aware. We also recognise, as the YPLA and local authorities do, that it can take time to achieve the desired quality in some academies, but this is not sufficient reason of itself for an academy sixth form not to be commissioned. Strategic commissioning means taking a longer term view of each provider, their trajectory, plans and intentions.
We hear academies' concerns. As I have said before, the Secretary of State will continue to decide about new academy sixth-form provision, while the YPLA will make the final decisions about the annual funding of sixth-form places and academies. This is something that I flagged up in Committee. The Secretary of State will retain responsibilities for all the decisions about all new academy provision.
These are real safeguards against the sort of irrational commissioning that some may be concerned about. I hope very much that noble Lords will feel able to support the Government amendments and that the noble Baroness, Lady Verma, will feel able to withdraw her amendment.
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Viscount Eccles: My Lords, before the Minister sits down, she said that the YPLA would be "distanced" from the Secretary of State and the department and that this was a strong reason for giving the YPLA these supplementary functions, particularly in relation to academies. How does she square that claim with Clauses 75 and 76? Clause 75 provides for the power of the Secretary of State to give directions and Clause 76 provides for the power of the Secretary of State to give guidance. The wording of these two clauses means that the YPLA is, in essence, a creature of the Secretary of State.
Baroness Morgan of Drefelin: My Lords, the noble Viscount, Lord Eccles, is right, as ever. The Bill aims to transfer to the YPLA the executive functions that the Secretary of State has for academies, within very particular confines. In consulting academies and others, we are looking at the kind of safeguards that will make this system work as effectively as possible. The
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Baroness Verma: My Lords, I thank the Minister for her response. While I have listened very carefully to her assurances, I urge her not to handcuff the success that academies have achieved by retaining them under the YPLA. However, I am thankful that, having taken back our concerns, the Government are consulting closely with the academy movement on how best to function. It is important that sponsors remain at the heart of future academies. The Minister and the Bill team have worked hard to satisfy our concerns and I am very grateful for that. However, it remains a concern and, sadly, I feel dissatisfied. I expect that we are not going to meet on common ground here. I will read very carefully what the Minister has said and, with a heavy heart, beg leave to withdraw our amendment.
Clause 42 : Encouragement of education and training for persons over compulsory school age
Amendments 37 to 38 not moved.
Clause 44 : Power to require provision of education by institution within further education sector
39: Clause 44, page 26, line 25, at end insert-
"( ) In deciding whether to require a particular institution to provide education to a particular individual under subsection (2) a local education authority in England must first consult with the governing body of the said institution."
Lord De Mauley: My Lords, our Amendment 39 seeks to address a concern raised by the Association of Colleges. It is worried about the powers contained in Clause 44, which allow local authorities the power to direct further education colleges to accept particular-that is, specified-students within a local authority's area. The Association of Colleges is worried, particularly in respect of safeguarding the other students and staff of a college, if it is felt that the specified student poses a risk in any way. Can the Minister inform the House what would happen in these circumstances?
Some reassurances by the Government have already been offered. A letter to the Association of Colleges, for example, stated that the power would only be used in,
- "exceptional circumstance and would not allow local authorities to force 16-18 learning providers to take young people unsuited to their courses".
This, as far as it goes, is good news. However, can the Minister reassure colleges a little further? On what specific grounds will further education colleges be able to refuse to accept specific students? The Government have stated only that learning providers would not
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The purpose of our amendment is to give maximum flexibility to colleges to determine who to accept. We on these Benches feel that part of the reason for the success of FE colleges is that they are independent of local authority control. They have no catchment area; they have the freedom to determine which course they offer and which they do not, and the freedom to specialise in particular areas. They should be allowed to specialise and so be able to attract students from far and wide and not just be restricted to within the domain of their local education authority. In light of this, at the very least, local authorities should have to consult a further education college if they want the college to provide education or training to specified people. Otherwise this is a threat to the college's independence with regard to its admissions policy. The letter from the Government to the Association of Colleges stated that they,
- "would certainly expect any local authority considering using the powers to consult with the governing body of the college first".
If this is the case, why should it not be on the face of the Bill? I beg to move.
Baroness Sharp of Guildford: My Lords, we have a great deal of sympathy with this amendment. It seems reasonable that, should a local authority wish to place a student in a college, it should at least consult the college before placing them there. It is well known that, where there are difficult pupils, there is an informal agreement among the heads of secondary schools to the effect that, "If you have one of mine; I'll have one of yours". There is a passing around of those very few pupils who are excluded from school where a fresh start is wanted.
Now that we are raising the participation age to 18, young people will be expected to be either at school, at college or at work where they are receiving education and training, possibly as an apprentice as we were discussing earlier. However, there will inevitably be some who are expected to be in education, or find themselves placed in a college, who do not attend. As we know very well, there are many 14 and 15-year-olds who have truanted from school and, as we said when we discussed the Bill that went through this House last year, if they were truanting at 14 and 15, why should they be expected not to truant when they are 16 and 17?
There will be some difficult pupils, for whom local authorities will wish find a place. It is not fair on the colleges to be regarded as the dumping ground for some of these young people. It is only reasonable that they should be consulted before having to take on pupils; there should be some burden sharing among secondary schools and colleges at this point-although, very often the college courses will be more appropriate for them. Colleges have an extremely good record helping those who need extra support through the additional learning support that they provide and often helping to motivate pupils who have been turned off by school, partly because they often provide more practical courses, which many of these pupils find more attractive than the more academic learning provided by schools.
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This is a very mild amendment. It asks only that there should be consultation before the right to require a governing body of such an institution to take on individuals is exercised. It seems to me a perfectly reasonable amendment.
Baroness Perry of Southwark: My Lords, I, too, strongly support the amendment and I very much hope that the Government will feel able to support it. I have seen recently an excellent group discussion among a local authority, the principals of the colleges and the heads of secondary schools about a list of individuals who are exactly in the category of the more difficult young people, and it was a real discussion about where they would most appropriately be placed. For some young people, a college is not the right place; the atmosphere is not right and a school can cope better. It is at the level of the college and the school that the young person is known and that the offerings that can be made are best known, not at the local authority level. The local authority does not know on a day-to-day basis exactly what the needs of the young person are or about the precise nature of the different programmes that might or might not be appropriate for them.
To leave it with the local authority is to make it arbitrary. It will inevitably be so, as the local authority is not composed of day-to-day educational providers. It is a bureaucratic organisation and it will properly, I suppose, wish to get young people put somewhere so that they can be taken off the books, so to speak; whereas at the level of the institutions concerned, a meaty discussion that meets the needs of the young person can take place.
I very much hope that the Government will take this amendment away and think carefully about it. It seems like a small amendment, but it is quite a crucial issue for the institutions concerned. The Association of Colleges feels strongly about this, but so do many schools. There is a need to have some independence and some discussion at the institutional level about the best way to deal with very difficult young people.
Baroness Howe of Idlicote: My Lords, I support the amendment. Indeed, I can see absolutely no reason why it would not be accepted by the Government. I will be very surprised indeed if there is opposition to it. As the noble Baroness, Lady Sharp, said, it is a very mild requirement and one which I would have thought is necessary in every instance where you are going to be placing children who have particular needs. I think we are agreed that this group of children would be of considerable concern to both the schools and the colleges that we are referring to. I hope that the Association of Colleges will be satisfied with what the Government are going to say.
Lord Baker of Dorking: My Lords, it seems to me highly unlikely that the Government will accept this, because it goes to the core of their policy. Is the Minister indicating that he is going to accept it? If so, I will press him to go a little further. The flaw in the Bill is clear. It is that in the future FE colleges are going to be brought half back under local authorities, and that is a mistake.
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The Government should take great pride in the fact that since 1992 local FE colleges have been independent of local authorities, and as a result they have had a golden age. I congratulate the Conservative Government on taking it through; it was my suggestion, so I must congratulate them. I also congratulate the Labour Government on spending so lavishly on FE colleges. They have built absolutely marvellous FE colleges. However, that is the past. It will not happen again. No local authority will give Birmingham City Council £100 million to build Matthew Boulton further education college. No local authority in Teesside will give Middlesbrough £120 million to build Middlesbrough college. No; when FE colleges funding goes partly back under local authorities, there will be a substantial reduction in investment in FE colleges. That is as true as anything. Local authorities will find it much more attractive to build primary schools and nursery schools than to fund further education. That is the flaw at the very centre of the Bill. I hope that any incoming Government will unravel it and fundamentally change it.
6.15 pm
We must trust the FE colleges, which have done a remarkable job of improving training and skills training across the country over the past 25 years. But this Bill puts the situation back. I will give the House one example. Under the procedure before this Bill, FE colleges went to one funding agency-the Learning and Skills Council. That is in the dock now because it overspent extravagantly, and it is being abolished. In the future, local colleges will go to four funding agencies: to the Skills Funding Agency, to HEFCE, to the YPLA, which is being set up by this Bill, and to the apprenticeship scheme. Instead of going to one, they will go to four, at a time when expenditure in this area is bound to be restrained. Each one of those funding bodies will be told that it has less to spend in the future than it spends now. They have lots of other responsibilities too. How will further education get a good share of that cake? Not only should this amendment be accepted; there should also be much more fundamental change. That is now virtually impossible to do with this Bill. It will not function successfully.
The Ministers have been incredibly kind in explaining the Bill right at the last minute. We have all had these letters every other day explaining how the Bill is going to work. I am amazed at how the Bill got through the Commons without these explanations, and to some extent the Government have been making it up as they go along. I do not blame the Ministers. They are merely the custodians of a very ill thought-out policy, and they have done their best to explain it. The Bill is deeply flawed and it will not improve further education in this country.
Lord Lucas: My Lords, I agree entirely with every aspect of every speech that has been made so far on the amendment, which is most unusual. This is a crucial amendment. There has to be a proper balance of powers between the local authority and the FE college. Both have pressures on them to act in a way that may not be entirely in the interests of the young people concerned. To allow those to balance out as the amendment does is absolutely crucial. I very much
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Lord Young of Norwood Green: I thought the early speeches of welcome, delight and gratitude would not last forever.
Clause 44 gives local authorities powers to require an institution within the FE sector to provide education to a named individual aged 16 or over but under 19, which is currently a power held by the Learning and Skills Council. We expect that this power will be exercised extremely rarely. However, in the handful of cases where a young person has been turned away from all possible learning options, someone needs to be able to step in to secure them a place.
This is not about local authority control over providers. A local authority's primary concern will be to secure the best possible learning option for the young person-and there are a number of considerations they will need to take into account, including the individual needs of the young person in question, as well as the needs of any providers that are being considered. In order to balance those needs, the local authority would naturally need to enter into a consultative dialogue with the young person, the Connexions service and all possible providers to determine the most suitable option for the young person.
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