Raise profile of degree apprenticeships or see them falter, universities warn

Aspirations to ramp up degree apprenticeships in England will be stifled unless the government raises the profile of the courses, universities have warned.   

FE and HE minister Michelle Donelan told universities this week to set “ambitious targets” to boost the proportion of students studying degree apprenticeships, as part of an order to rewrite their plans around access and participation.   

Universities will need their plans signed off by the Office for Students’ new director for fair access and participation, John Blake, in order to be able to charge higher fees.   

The degree apprenticeship targets will be decided upon in conjunction with the OfS, although there will not be a one size fits all approach, the Department for Education confirmed.   

University representative bodies have welcomed the move, but warn of several challenges that could hinder the ambition.   

Rachel Hewitt, chief executive of MillionPlus, told FE Week a key issue for her members surrounds “a relative lack of student demand” for degree apprenticeships.   

“To address this, perhaps the place for the government to start would be on helping to raise the profile of these courses,” she said.   

“Moves to make the courses less bureaucratic, particularly around the end-point assessment, would also go some way to make degree apprenticeships more appealing to providers.”   

A spokesperson for Universities Alliance said: “To help ensure people access the provision that is right for them, the government should commit to practical initiatives in partnership with employers, apprenticeship providers and post-16 providers to raise the profile and benefits of higher and degree apprenticeships.”   

They added that the process for setting targets must acknowledge that apprenticeships are an employer-led system and take account of the local context, including current and future demand for higher-level skills in different sectors.   

“Targets should also not be set in a policy vacuum ̶ many universities will be delivering at least some of their apprenticeship provision at a loss, and several questions remain on apprenticeship funding, as well as the demand and financing for higher technical qualifications,” the spokesperson told FE Week.   

Degree apprenticeships’ popularity has soared since their launch in 2015. Data published by parliament shows there were around 1,000 starts recorded in that year, which increased to over 13,500 in 2018/19. This is, however, still much smaller than the number of undergraduates in England which stood at 455,000 at the time.   

Education select committee chair Robert Halfon challenged Donelan on the DfE’s work in this area during an accountability hearing last month, during which he said there should be a target of having 50 per cent of students doing degree apprenticeships.   

In response, Donelan said: “I share your passion on degree apprenticeships. We have come a long way but there is a long way to go. If we look at the stats, degree apprenticeships increased by 80 per cent despite the pandemic but it is not good enough. I want every university to be holding degree apprenticeships, not one or two.”   

She went on to say that her department was exploring whether to introduce financial incentives to entice more universities to offer degree apprenticeships.   

Cash incentives are absent from this week’s announcement, but Donelan insisted that all plans to widen participation in areas like degree apprenticeships must be drawn up with “needless complexity and bureaucracy cut out”.   

A Russell Group university spokesperson said over half of their members already deliver higher and degree apprenticeships and they “look forward to building on their existing work with colleges and businesses, offering a range of options to young people and supporting them through university and into the world of work”.   

Professor Steve West, president of Universities UK and vice-chancellor of UWE Bristol, added: “It is positive to see a focus on part-time courses, higher technical qualifications and degree apprenticeships and we look forward to working with government to boost demand for more diverse and flexible ways of learning.” 

No plans for new ‘elite’ technical colleges, skills minister suggests

There are no plans for brand new “elite” technical colleges, the new skills minister has suggested, claiming that prime minister Rishi Sunak is instead placing existing Institutes of Technology at the heart of his education plans.

Reports last month indicated that Sunak had been planning a new network of elite technical institutes to boost vocational training.

The Times reported that this would involve a new “network of ‘world-class’ technical institutions with links to industry and modelled on the Russell group of leading universities, offering T Levels and apprenticeships”.

Liz Truss had also unveiled plans for new “Voxbridge” colleges earlier this year during her brief stint as prime minister.

But addressing a House of Lords science and technology committee session this morning, new skills minister Robert Halfon claimed that Sunak was actually referring to the rollout of Institutes of Technology (IoT).

When asked to throw further light on the prime minister’s new “network of prestigious technical colleges,” Halfon told the committee: “We are increasing those. Those are the IoTs.

“So the IoTs are vocational colleges, predominantly focused on STEM and digital skills. We’re spending £290 million on them.

“There will be 21 overall, there are about 12 in place at the moment. Those IoTs are very much part of what you’re describing.”

Halfon, who had previously been a skills minister for a year in Theresa May’s government, explained that IoTs already exist in the further education sphere and have ties to colleges, universities and employers.

“So there isn’t going to be seven new institutions on a new framework?” Halfon was asked by committee.

He replied: “What I am aware of is the IoTs, that is what £290 million is being spent on, they’re still being rolled out and they are linked to FE colleges.”

IoTs work as collaborations between FE providers, universities and employers, and aim to deliver higher technical qualifications in areas like STEM and digital, as well as industries with skills shortages.

The government says that the first 12 IoTs comprise more than 40 FE providers, 60 employers and 18 universities, backed by £170 million of government funding to provide industry-standard facilities.

A fresh wave of nine further IoTs, backed by a further £120 million, was announced by the DfE in December last year.

Meet the ministers: Who’s who in Rishi Sunak’s first DfE lineup

The government has finally confirmed portfolios for new Department for Education ministers appointed in Rishi Sunak’s reshuffle.

Robert Halfon has been named minister for skills, apprenticeships and higher education and takes on responsibilities for the college system that had been handed to Baroness Barran in Liz Truss’ government.

Nick Gibb is minister for schools, while Claire Coutinho is minister for children, families and wellbeing.

Halfon takes on the skills brief from Andrea Jenkyns – but holds more responsibilities as he is a minister of state rather than a junior minister like his predecessor.

He has taken on duties for careers education, post-16 funding and outcomes, college governance and accountability, and intervention and financial oversight of further education colleges.

The DfE has also confirmed that Halfon is the minister responsible for higher education quality and reform, as well as student experience and widening participation in higher education.

Elsewhere, Barran has reverted back to being the junior minister for the school system and no longer holds duties for the college system except for safeguarding and student finance.

Here’s what’s in each minister’s brief…

Gillian Keegan, education secretary

Early years and childcare

Children’s social care

Teacher quality, recruitment and retention

The school curriculum

School improvement

Academies and free schools

Further education

Apprenticeships and skills

Higher education

Robert Halfon, skills, apprenticeships and higher education minister

Overall strategy for post-16 technical education

T Levels and transition programme

Qualifications reviews (levels 3 and below)

Higher technical education (levels 4 and 5)

Apprenticeships and traineeships

Further education workforce and funding

Institutes of Technology

Local skills improvement plans and Local Skills Improvement Fund

Adult education, including basic skills, the National Skills Fund and the UK Shared Prosperity Fund

Careers education, information and guidance including the Careers and Enterprise Company

Technical education in specialist schools

Relationship with the Office for Students

Higher education quality and reform

Lifelong Loan Entitlement

Student experience and widening participation in higher education

Funding for education and training, provision and outcomes for 16- to 19-year-olds

College governance and accountability

Intervention and financial oversight of further education colleges

Reducing the number of young people who are not in education, employment or training

International education strategy and the Turing Scheme

Nick Gibb, schools minister

School accountability and inspection (including links with Ofsted)

Standards and Testing Agency and primary assessment

Supporting a high-quality teaching profession including professional development

Supporting recruitment and retention of teachers and school leaders including initial teacher training

Teaching Regulation Agency

National Tutoring Programme

School revenue funding, including the national funding formula for schools

Pupil premium

School food, including free school meals

Qualifications (including links with Ofqual)

Curriculum including relationships, sex, and health education and personal, social, health and economic education

Behaviour, attendance and exclusions

School sport

Digital strategy and technology in education (EdTech)

Admissions and school transport

Claire Coutinho, children, families and wellbeing minister

Special educational needs and disabilities (SEND), including high needs funding

Alternative provision

Children’s social care

Children in care, children in need and child protection

Adoption and care leavers

Early years and childcare

Family hubs and early childhood support

Disadvantaged and vulnerable children

Children and young people’s mental health

Policy to protect against serious violence

Freedom of speech in education

Online safety and preventing bullying in schools

Baroness Barran, school system and student finance minister

Special educational needs and disabilities (SEND), including high needs funding

Alternative provision

Children’s social care

Children in care, children in need and child protection

Adoption and care leavers

Early years and childcare

Family hubs and early childhood support

Disadvantaged and vulnerable children

Children and young people’s mental health

Policy to protect against serious violence

Freedom of speech in education

Online safety and preventing bullying in schools

Covid fraud hit £5m and 6 more ESFA accounts findings

The Education and Skills Funding Agency (ESFA) has published its annual report and accounts for the last financial year. 

The organisation, an arms-length body of the Department for Education, was responsible for distributing £65 billion of funding to the education sector in the year to March 31 2022

Here’s what you need to know…

1. Incentive payments flagged for fraud

The government’s own internal audit service served the agency with a “limited assurance” for two of the 17 reviews it conducted. One was for the ESFA’s oversight of its own cyber-security, but the other was for the employer incentive payments for apprenticeships scheme. 

The Government Internal Audit Agency gave this, the lowest achievable, after “highlighting the need for the fraud prevention measures to be appropriate and proportionate”. The recommendations are being “addressed” by the DfE, not the agency, as they now hold responsibility for apprenticeships following the recent arms-length-bodies review. 

2. £5m fraud found in incentive payments and Covid-19 funds

The agency managed two rounds of employer incentive payments for apprenticeships and traineeships during the financial year, with 108,000 claims totalling £315 million. £219 million had been paid by year-end.

Both rounds of the apprenticeships incentives scheme were flagged for in-depth Cabinet Office fraud risk assessments, alongside the traineeships incentive payments and the Covid-19 provider relief scheme. This was because funding was going to providers outside of the usual funding rules. 

The ESFA reports that across all of those funds, £5 million worth of fraud was detected to date, with £4.5 million of that recovered in the financial year. A further £2.2 million of fraud was reportedly prevented.

The agency can’t report how much fraud was detected and recovered per fund because the data was “captured as part of consolidated data returns”. 

3. Nearly £1.5m lost to overpaid providers

Three “overpaid grant recoveries” were written off this financial year, totalling nearly £1.5 million. Overpayments which can’t be clawed back, either because the provider fails or the ESFA decides to abandon the claim, are written off. Those amounting to more than £300,000 are recorded in the accounts:

  • CCP Graduate School Ltd: £317,000
  • Ingeus UK Limited: £731,000
  • SCL Security Limited: £429,000

This is much less than the £9.5 million lost last year.

4. Late tax submission cost £2.5m

A late submission of a VAT reclaim for “contracted out services” meant ESFA lost £2.5 million. It “reviewed controls” to prevent this happening again. 

The government will sometimes waive debts owed by providers as part of mergers, or to support closures.

Cheadle and Marple Sixth Form College, which merged with Trafford College in May 2021, had debts of £2.2 million waived, according to the ESFA accounts.

£1.9 million was written off across three University Technical Colleges.

5. Only three colleges in FE Commissioner intervention 

Only three intervention assessment were carried out by the FE commissioner. However alongside these were 33 visits to “a reducing number” of colleges in intervention. 

Intervention reports that were published over the 2021-22 financial year included City College Southampton, Kingston Maurward College and City Lit. 

6. £2.1m paid to wrong recipient

The ESFA admitted that in December 2021, £2.1 million was “erroneously paid to a wrong vendor” in an “unexpected issue”. 

It happened when a new vendor was added to the system using an incorrect reference number.

But the money was full recovered and re-issued to the correct payee and ESFA has made improvements to the process to help prevent errors. 

7. At least £30k in ESFA exec bonuses

Ten executive staff members received a bonus, meaning at least £30,000 was handed out, about half of the total value of payouts in the previous years.

Warwick Sharp, who served as director of academies and maintained schools during the time period, received a bonus of between £10,000 and £15,000. Four others were given between £5,000 to £10,000 each.

John Edwards, the ESFA’s interim chief executive officer, was paid a salary of between £135,000 and £140,000. This is below the salary of previous CEO Eileen Milner who was on £150,000 to £155,000.

David Withey was appointed as permanent CEO in August 2022, so his pay is not in these accounts.

Ofsted hands rare ‘inadequate’ grade to county council

Bedford Borough Council has been deemed ‘inadequate’ by Ofsted – making it the second local authority to currently hold the lowest possible grade from the education watchdog.

The council provides apprenticeships to almost 30 adults through its own training assessment centre, mostly in health and social care as well as early years and for teaching assistants.

Ofsted found that most apprentices do not remain in learning or complete their apprenticeship because teachers do not motivate or encourage them to overcome barriers to learning and persevere with their studies, according to a grade four report published today.

Inspectors said that leaders and governors do not accurately assess the quality of education, instead they focus too heavily on finances and other operational matters.

The report also noted that the provider’s leaders do not work with employers to enhance the curriculum by gaining the employers perspective of what training they need for their workforce. 

Leaders were found to not extend opportunities for apprentices learning beyond what the apprenticeship standard is, resulting in too few apprentices having the opportunity to develop and deepen their wider interests or talents. 

However, the inspection report also drew on more positive elements. Such as that vocational teachers frequently recap previous learning to ensure that apprentices repeat and retain essential knowledge.  

Other positive elements included teachers breaking down learning into key learning concepts and planning regular breaks in online workshop sessions to allow apprentices time to reflect on new knowledge. 

“For example, teaching assistant apprentices value the opportunity to discuss the signs that may indicate children are experiencing difficulties or are at risk of harm.”

Although the report stated that safeguarding arrangements are effective, inspectors also observed that staff have a limited understanding of the safeguarding risks in the local area and do not “receive routine updates from senior leaders within the council. As a result, teaching staff are unable to help apprentices understand the risks they face in society.”  

The inspectors found that senior leaders do not always identify potential safeguarding risks or take swift remedial action. 

Just one other local authority – Richmond Upon Thames Borough Council – is currently rated ‘inadequate’ by Ofsted.

A Bedford Borough Council spokesperson said: “We are extremely disappointed with the outcome and currently considering our next actions.”

Regional and social class divides in adult learning put ‘levelling up’ plans at risk, LWI warns

The gap between the highest and lowest performing regions in England when it comes to adult education participation is continuing to widen – putting the government’s levelling up plans at risk, according to new research.

And on top of this, the data shows stark social class divides persist as adults in lower socio-economic groups are twice as likely to not have participated in learning since leaving full-time education than those in higher socio-economic groups.

The Learning and Work Institute revealed the findings through its annual adult participation in learning survey for 2022, which was published today to mark the start of Lifelong Learning Week.

Here are the key findings:

Slight fall in overall participation in learning

The 2022 survey shows that just over two fifths (42 per cent) of adults are currently learning or have done so in the last three years – a slightly lower participation rate than 2021 (-3 percentage points).

However, this overall participation rate is in line with the rates seen in the early 2000s after recent years of much lower participation. Just 33 per cent of adults were in learning in 2019.

LWI researchers said the change in survey method from face-to-face to online means that comparisons to surveys pre-2021 should be treated with caution. But, they added, this finding may “indicate a sustained interest in learning post-pandemic”.

Disadvantaged adults twice as likely to not participate in education

When looking at the social divide, today’s report states that almost half (49 per cent) of adults in the AB social grade are current or recent learners, compared to 38 per cent of those in the C1, 44 per cent in the C2, and 35 per cent in the DE social grades.

Almost twice as many adults in the DE grade have not participated in learning since leaving full-time education when compared to those in the AB grade (37 per cent compared to 19 per cent).

This “class penalty” in learning has persisted since the survey started and shown little sign of narrowing, according to the researchers.

Gap widens between highest and lowest performing regions

This year’s survey shows that the gap between the highest and lowest performing geographical regions has widened.

London has by far the highest rate of adult participation in learning at 56 per cent, compared to 35 per cent in south west England – a 21 percentage point difference compared to a 17 percentage point difference in 2019.

In comparison to last year, participation in learning has increased in Wales and Northern Ireland but has declined in England and Scotland.

The survey shows that 42 per cent of adults in England participate in learning compared to 39 per cent of adults in Scotland and 43 per cent in Northern Ireland and 42 per cent in Wales.

BAME adults more likely to participate in education

As in previous years, the survey findings indicate that respondents from black, Asian and minority ethnic (BAME) backgrounds are more likely to take part in learning than those from white backgrounds (66 per cent compared to 38 percent).

The survey also found that men from BAME backgrounds are more likely to be participating in learning than women from BAME backgrounds.

This didn’t change significantly within social grades, compared to white respondents whose pattern of participation declines by social grade.

The survey indicates this may suggest that social class is more likely to be an indicator of participation among white adults, “although this should be treated with caution due to lower numbers of BAME respondents and that the use of a ‘BAME’ category can mask differences between individual ethnic groups”.

The key barriers to learning for adults

Seven in ten respondents (70 per cent) said they faced barriers which prevented them from accessing learning in the past three years. Of these, the most common barriers were cost and affordability as well as feeling too old.

Other barriers included work or time pressures, being put off by tests or exams and lack of confidence. Although three in ten adults said nothing had prevented them from accessing learning and that they didn’t want to.

Nearly two thirds (65 per cent) of current or recent learners indicated that they have encountered at least one challenge while learning. Work and time pressure were cited as the most likely challenge, with confidence, cost and exams listed after this, which are the same as the 2021 survey results.

Levelling up plans at risk, says LWI chief

Stephen Evans, chief executive of Learning and Work Institute, said: “The stark inequalities in access highlighted by our survey mean that those who could benefit most from learning are least likely to participate. The gap between the highest and lowest performing regions is, if anything, widening, so we need practical action to level up, not down.

“Ahead of the government’s medium term fiscal plan, this survey makes the case for increased investment in lifelong learning to boost economic growth and social justice. We also need local government, civic society, employers and others to help build a culture of lifelong learning. Lifelong Learning Week offers a chance for us all to do that.”

A DfE spokesperson said: “We want everyone to have the opportunity to gain the skills they need to succeed, whatever their age, background, qualifications, or employment status.

“That’s why we’ve made £2.7 billion available by 2025 to support businesses to create more apprenticeships, in addition to investing over £150 million in the last year to expand our Skills Bootcamps and Free Courses for Jobs training schemes, which thousands of individuals have already taken advantage of.”

Profile: Lee Elliot Major

Lee Elliot Major gave up a dream job to become the UK’s first professor of social mobility. Donna Ferguson finds out why he made the move to academia – and his latest plans to improve the life chances for our poorest pupils.


Lee Elliot Major recently confessed to a group of headteachers that he’d just walked past a London train station where he’d slept rough in his youth. “All the heads looked at me aghast,” the UK’s first professor of social mobility recalls. “They hadn’t expected that.” 

A former chief executive of the Sutton Trust, he proudly lists on his CV the OBE he was given in 2019 for services to social mobility, with his many published works and a glittering array of academic honours, appointments and accolades. 

But perhaps equally relevant to his job at the University of Exeter – although not listed on his CV – are his experiences as a comprehensive school drop-out in the 1980s, when he worked as a bin man and a petrol station assistant. 

There were nights, back then, when he was “technically homeless”. He was a punk, he says, with “big earrings, eyeliner and blond spiky hair” and frequently clashed with his “quite strict” father. “My dad chucked me out a few times… I would have nowhere to go, and I remember…” he pauses, takes a deep breath … “him taking the front door key. That was quite a big thing for me. It did feel like I had… no home to speak of.” 

He comes from a  working-class family: his mother worked for the local council, his father was an electronic engineer. “No one in my family had been to university,” he says. “There are lots of people in sociology and economics and education, thinking about inequality and social mobility. To me, it definitely is a personal as well as professional passion.” 

‘I’m an ‘awkward climber, detached from my roots, never quite at home’

He was always interested in social justice and education was always important. He was so bright that the toughest boys at his local comp “used to be quite proud of me – I remember one of them saying: ‘he’s going to be a brain surgeon when he grows up.’” Looking back, he thinks he may have been on the spectrum in some way…”I could sit around looking at mathematical equations for hours.” 

His “very supportive” teachers recognised his potential and pushed him to apply to Cambridge. But instead of making him an offer, the Cambridge dons who interviewed him wrote to his school expressing concern for his wellbeing. “I must have spoken about my personal life… It was quite chaotic.” 

Thinking cap: beret-wearing 18 year old in 1986 while retaking A-levels at Richmond tertiary college in West London

Shortly after he stopped going to school, left home and managed to get his own place “on social security”.  

He was working for a builder he had met in the petrol station when, with a friend’s support, he got a second shot at university. “My friend was from a typically middle-class family – dad was an architect, mum was a teacher – and they took me in for a time. That was really critical.” 

His new “surrogate parents” encouraged him to retake his A-levels and he did well enough to secure a place at Sheffield, graduating with a PhD in theoretical physics six years later. 

He is very aware that the “well trodden” university route he took often only enables social mobility for the most academic disadvantaged children, and agrees with Katharine Birbalsingh, head of Michaela School, that attending an elite university is not the only road to success for a young person from an impoverished background.  

Future social mobility efforts should focus on making cultures inclusive to all talents, wherever they come from, rather than converting “working-class oiks into middle-class copies”, he says. “The big issue facing our society is shrinking opportunities to lead decent lives with affordable homes and good jobs.” 

‘We have very few people in charge who understand FE’

Universities need to “up their game” in supporting students from poorer backgrounds – “not just getting them into university, but supporting them while they’re there”. 

But he also thinks it’s outrageous that there is no pupil premium funding in FE to support the poorest pupils who do not go down the university route. “That would be my one funding ask, if I could get extra money,” he says, adding that one of the big problems facing the sector is the dominance of university-educated politicians and journalists. “We have very few people in charge who understand or empathise with FE colleges or vocational routes… we should focus on the young people who don’t go to university. But I also think there should be more university and FE links than there are at the moment.” 

London calling: Speaking at London Guildhall in October 2022 warning that London risks becoming an ‘exclusive enclave of elites’

He is carrying out policy workshops with the Department of Education to address the “forgotten fifth” – the 20 per cent of young people who leave school without a grade 4 at GCSE in English language and maths. “Providing proper vocational options, as well as academic, is a huge black hole in our education system. And I think one of the reasons why we have so many young people leave without basic maths and English skills is because they are put off by a curriculum that is – and I know this sounds awful – a bit too academic.” 

For many young people who are more vocational or creative, education in the UK is not as good as it could be. 

GCSEs label some children as failures. “What I would have, alongside GCSEs and some vocational offerings, would be every pupil having to pass a National Certificate, which would be more functional skills. So, for example, how do you use maths in everyday life? How do you communicate?” It seems obvious to him that every pupil should leave school with those basic skills. 

He left his “dream job” at the Sutton Trust for Exeter in 2019 because he wanted to have more of a direct impact on the practice of teachers and universities, and more influence on the government. 

He is full of practical ideas about how social mobility could be improved.  

For example, he would like Sure Start centres to be reintroduced  “because otherwise, as our research shows, you’re always in catch-up mode in the school system, with huge gaps at age 5 and pupils falling behind”. 

He also wants UCAS to reform personal statements, which he thinks offer middle-class children an unfair advantage, and to see more inclusive teaching. “Schools policy at the moment assumes that if you do good teaching – and that’s hard enough in itself – then everyone rises. I don’t agree.” 

‘We should focus on the young people who don’t go to university’

Teachers, he says, should have a “really explicit focus” on disadvantaged learners. “That means knowing who they are and understanding their home environment, making sure you’re giving them feedback and thinking about what approaches benefit those children in particular.” 

Like Birbalsingh, who announced last week that the The Social Mobility Commission will investigate which teaching styles work best to boost outcomes for poorer pupils, he thinks one of the most important questions the government needs to answer is: “What is it that schools, that are doing well for disadvantaged children, are doing? Which schools have done well over the past decade and how can we scale up that approach in an inclusive way?” 

Persistent absence among disadvantaged pupils also needs to be addressed. “One of our studies showed that 40 per cent of children on free school meals are not coming to school regularly. They’re missing at least 10 per cent of sessions. This is a crisis.”   

He sees it as a legacy of the pandemic, exacerbating educational inequalities that already existed. “Research has estimated that social mobility will decline for this generation… poorer children are up against it in a way that is so extreme now, compared to previous eras.” 

Yet he admits he has paid for private tutors for his own children. “I don’t think you should castigate parents for trying to do what’s best for their children,” he says, adding that it was a joint decision with his partner. “I am obviously now very middle class… Sometimes I dwell on this a lot: to what extent am I challenging the system myself?” 

After the interview, he emails to add: “My hope is that anyone from my sort of background has the chance to fulfil their potential whatever that may be. However, I would describe myself as an ‘awkward climber’ – detached from my roots and never quite at home where I’ve ended up. You carry your history with you – I guess I’ve learned to be more upfront about who I am as I’ve got older.” 

DfE reprimanded after student data used by gambling firms – but avoids £10m fine

The Department for Education has been reprimanded over a “serious breach” of data protection law which allowed a firm providing age-verification for gambling companies access to the personal information of millions young people.

But the department has avoided a fine of over £10 million from the information watchdog, despite a warning over “woeful” data protection practices.

An Information Commissioner’s Office investigation into data shared from the learning record service (LRS) found “prolonged misuse of the personal information of up to 28 million children”.

The LRS holds data on pupils and learners over 14 for 66 years, and is only supposed to be accessed for education purposes.

But the Sunday Times revealed in 2020 that employment screening firm Trustopia had used the data to provide age verification serves to the GB Group, to help gambling companies confirm customers were over 18.

The ICO launched its investigation after it was notified by the DfE, which only became aware of the breach because of the national news story.

Screening firm looked up 22k learners

According to the watchdog, Trustopia had access to the LRS database for over a year from September 2018 to January 2020, and carried out searches on 22,000 learners.

The ICO ruled today that the data was shared “without appropriate control or oversight”, and that the DfE “failed to protect against the unauthorised processing by third parties of data held on the LRS database for reasons other than the provision of educational services”.

Data subjects were also “unaware of the processing and could not object or otherwise withdraw from this processing”. The DfE “failed to process personal data fairly, lawfully and transparently”, breaching the general data protection regulations (GDPR).

“No-one needs persuading that a database of pupils’ learning records being used to help gambling companies is unacceptable,” said information commissioner John Edwards.

“Our investigation found that the processes put in place by the Department for Education were woeful.”

DfE dodges £10m fine for data failures

The ICO said it “considered” issuing a fine of just over £10 million, which would have been “effective, proportionate and dissuasive”.

However, due to a “revised approach” by the ICO to public sector organisations, the watchdog settled for a formal reprimand.

“This was a serious breach of the law, and one that would have warranted a £10 million fine in this specific case,” said Edwards. But he chose “not to issue that fine, as any money paid in fines is returned to government, and so the impact would have been minimal”.

“But that should not detract from how serious the errors we have highlighted were.”

The DfE had continued to grant Trustopia access to the database after it advised officials it was the new trading name for Edududes Ltd, which had been a training provider.

But Trustopia “was in fact a screening company and used the database for age verification, a service they offered to companies including GB Group, which helped gambling companies confirm customers were over 18”.

“This data sharing meant the information was not being used for its original purpose. This is against data protection law.”

DfE revokes access for a fifth of organisations

The ICO said that at the time of the breach, 12,600 organisations had access to the LRS database, “including schools, colleges, higher education institutions, and other education providers”.

These organisations get access so they can “verify a number of functions including the academic qualifications of potential students or check if they are eligible for funding”.

Since the incident, the DfE has removed access from 2,600 organisations.

It follows a damning audit of the DfE’s broader data processing activities by the ICO in 2020, which also found the DfE broke data protection laws in how it handled pupil data.

The DfE still hasn’t met its pledge to publish the full audit report, and now also faces potential legal action from data privacy campaign group Defend Digital Me over the way it handles data.

A DfE spokesperson said the department takes the security of data “we hold extremely seriously”, adding that it will publish a full response to the ICO’s letter by the end of the year, setting out “detailed progress in respect of all the actions identified”.

No regulation for dissolved firm Trustopia

The ICO said today that it had conducted a simultaneous investigation into Trustopia, “during which the company confirmed it no longer had access to the database and the cache of data held in temporary files had been deleted”.

The firm has since been dissolved, meaning regulatory action was “not available”.

It comes after FE Week revealed in 2020 that Trustopia co-founder Ronan Smith had previously run a private provider called Edudo, which was investigated by the Education and Skills Funding Agency in 2017.

The agency subsequently terminated the firm’s contracts, which were used to deliver courses funded through advanced learner loans.

Smith then transferred Edudo’s assets to a new company called Learning Republic and went bust. Hundreds of learners were subsequently left thousands of pounds in debt with no qualifications to show for it.

Smith was approached for comment, as was the GB Group.

Liverpool City Region targets over 50s for apprenticeships

A targeted campaign is being developed in Liverpool to help older learners – particularly those aged 50 and above who have been made redundant or want to change careers – into apprenticeships. 

An apprenticeship taskforce for Liverpool City Region Combined Authority put forward a series of recommendations last month, one of which is to create a campaign to target learners over 50 into apprenticeships. 

Around 9,600 over-50s are on Universal Credit while being out of work, according to the authority, yet this demographic “may be unaware that they could access relevant qualifications” such as apprenticeships. 

Following approval by the combined authority last month, work on the action plan is now in development, with ambitions for more details to be ready by February 2023. 

But the scheme could help to address some of the skills shortages in the region in sectors such as adult care, and support the hospitality and tourism sector in time for the Eurovision Song Contest to land in the city in May next year. 

Rob Tabb, policy lead for employment and skills at the combined authority, said: “I think employers here and nationally are exploring all means possible to be able to fill some of their recruitment and skills gaps. 

“People are coming to apprenticeships at different stages. It is not, if you don’t have one by 18 your chance has gone, in that respect. There is an openness for employers to consider doing this and seeing apprenticeships as an opportunity to address and meet some of their skills needs.” 

While details of what the campaign could involve are still being drawn up, it is likely to include social media and possibly regional TV, which Tabb says has proved successful in other recent campaigns. 

But one of the key issues to overcome is likely to be around levels of pay. 

Tabb said: “I think there is an understandable point about over-50s saying I need more money than the £18,000 that a level 3 apprenticeship might be offering me in that respect, but I think that is something we want to work through and understand and see where some of the added value we can bring to that.” 

He added that it would be about removing barriers to apprenticeships that the combined authority has influence over

Other recommendations from the task group include a broader communications plan for apprenticeships, targeted communications programmes for those who may be harder to reach (such as school leavers and those with special educational needs), and supporting colleges and training providers to access funding for equipment and facilities. 

It also wants to promote earlier engagement between large local employers and school-aged children to help inspire youngsters sooner.