Baker clause update: DfE gears up to start ‘direct intervention’ as minister encourages providers to grass on schools

The Department for Education is threatening “direct intervention” from September at schools that are failing to open their doors to FE providers, as part of a crackdown on non-compliance with the controversial ‘Baker clause’.

At the same time skills minister Anne Milton (pictured above), writing for FE Week, is encouraging providers to grass on schools that are barring their access, by contacting her directly.

“We want to make sure young people are getting all the information they need about the options available to them post-16,” a DfE spokesperson told FE Week.

“We will be taking action from the start of the new term in September to strengthen relationships between schools and providers and share best practice across the sector about what is working well.”

This action could include highlighting best practice or even direct intervention, she said.

In her latest monthly column for FE Week, published today, Ms Milton urged providers that have had access to their local schools blocked to report their experiences to her directly, via her parliamentary or constituency offices.

“I’m really keen to hear from any providers that have had difficulties with this, or have been blocked from going into schools,” she wrote.

The Baker clause, so called because it was proposed by the former education secretary Lord Kenneth Baker, was introduced as part of the Technical and FE Act 2017.

He acknowledged at the time that it was likely to be “met with great hostility in every school in the country”.

The duty, which came into effect in January, forces schools to open their doors to FE providers to speak to their pupils about technical qualifications and apprenticeships.

However, there have been warning signs that schools are failing in their legal duties.

In June the Association of Employment and Learning Providers carried out a survey on behalf of the DfE in June, asking providers about the impact of the legislation, following reports that schools were either unaware of or choosing to ignore the law.

That survey has now closed, but the DfE has refused to reveal its findings.

Simon Ashworth, AELP’s chief policy officer, said that feedback it had received from providers before the survey indicated that “the reasons for schools’ apparent resistance to the statutory requirements were the ones that prompted Lord Baker to move his amendment in the first place”.

Some schools placed “limitations on which year groups and ability groups the providers can have access to” while others “aren’t keen on any access at all”.

“Of most concern is the reported number of schools which haven’t published a provider access statement yet which is a clear breach of the law,” he said.

An FE Week investigation in January found that just two of the 10 largest multi-academy trusts in England were fully compliant with the legislation.

Writing for FE Week in March, Ms Milton said she expected “to see schools setting up careers events, assemblies and options evenings so that providers can talk to pupils about what they offer and what it is like to learn in a different environment,” as a result of the new duty.

 

Ofsted claims ‘huge number’ of £2.4m set-aside for research projects will be FE-related

Ofsted will soon call on FE providers to help it undertake a “huge” amount of FE-related research projects, according to its director of corporate strategy.

The education watchdog has set aside around £2.4 million, or 4 per cent of its inspector resource, to spend on 20 studies over the next two years.

It is part of Amanda Spielman’s drive for a more evidence-based inspection regime after Ofsted went years without basing judgements on research, under the leadership of former chief inspector Sir Michael Wilshaw.

We would be doing a disservice if we weren’t making sure that our inspections were based on latest evidence

But of the 20 upcoming projects (see table below), not a single one has been dedicated solely to FE and skills.

Despite this, Ofsted director Luke Tryl told FE week that a “huge number” of them will be “related to FE”.

“A lot of what we do is cross remit,” he said.

“The educational effectiveness literature review is specifically looking at the evidence related to FE, and the project we’ve just carried out – ‘inspection methods and practice’ – tested lesson observations and work scrutiny in FE providers.

“Both of those, which are our two major evaluation projects, are very much applying to FE as well as schools.”

Mr Tryl continued to list more of the research projects which will be FE-related: “The project looking at how to measure intent, implementation and impact in a model of curriculum quality is with FE providers.

“We are doing a specific project on the 16 to 19 curriculum which is going to be an FE specific study focusing on the vocational curriculum and the curriculum as applied to apprenticeships.

“The workload and wellbeing project includes FE providers who we surveyed and followed up with visits, and the knowledge gaps for students is specifically a college project.”

Luke Tryl

Ofsted’s research into knife-crime, special educational needs, and initial teacher training will also be carried out using FE providers.

“We think we’re doing quite a lot in FE but because it doesn’t specifically say it in the title it looks like it’s only schools,” Mr Tryl added.

All of this work is being carried out with the ambition of ensuring the 2019 inspection framework is the “most evidenced based in Ofsted’s history”.

“When it comes to our own inspection practice gone are the days where an inspector walks into an institution and based on their experience they can come to a judgement,” Mr Tryl said.

“Actually their judgement should all be grounded in the evidence. We would be doing a disservice if we weren’t making sure that our inspections were based on latest evidence and they are valid and reliable.”

He explained that spending £1.2 million each year until 2020 on research “represents an increase” compared to recent years – although Ofsted could not provide actual figures for past years as “these aren’t comparable and aren’t readily available”.

“It [researching] is going back to something we used to do a lot more of,” Mr Tryl said.

“Pre-Sir Michael there was a much bigger focus on research and it is something Amanda has brought back.”

He added that FE providers can expects calls asking them to take part in the projects soon.

 

Ofsted’s 20 upcoming ‘major research and evaluation projects’

Hope for ESFA cap on subcontracting management fees ‘kicked into the long grass’

The government’s decision about introducing a cap on subcontracting management fees has been “kicked into the long grass” – delaying any verdict until at least the end of 2018.

An update about the Education and Skills Funding Agency’s approach to top-slicing was published this afternoon after FE Week revealed on Friday it was getting ready to publish its first ever policy on the issue.

It was expected that guidance on management fees would be offered instead of introducing a hard cap, following a review which got underway in April. Any changes in rules from this would have come into effect this month.

The evidence and the arguments have been around for months

However, the ESFA says it hasn’t done enough work on the problem to date and further investigation is needed.

“In the coming months, we will undertake further work to develop our expectations about the services that providers should offer to their subcontractors with the sector,” today’s update said.

“Our key priorities will be to develop an approach which: increases the amount of funding that reaches front line delivery, and increases transparency by ensuring that providers explain in detail the make-up of their fees and charges.

“We plan to publish our final expectations by the end of the year and any changes will come into force in 2019.”

The news will frustrate training providers and sector leaders who’ve been waiting for the ESFA to decide whether to introduce a hard cap on the percentage that can be claimed by a prime provider as a management fee.

“It’s good to see the intention to increase the amount of funding that reaches the front line, but why the kick into the long grass?” said Simon Ashworth, the AELP’s chief policy officer.

“The evidence and the arguments have been around for months which make a strong case for a maximum cap or recommended limit.

“If this is too difficult for the agency, then we hope the select committee will do the job and make the right recommendation to ensure that unjustifiable top-slicing finally comes to an end.”

But Teresa Frith, senior policy manager at the Association of Colleges, said that until the government and FE sector is “clear as to precisely what is and is not included within ‘fees and charges’, a percentage cap makes no real sense”.

“We will continue to work closely with them and others to ensure the English apprenticeship offer continues to develop into the world class offer we aspire to,” she added.

Skills minister Anne Milton previously said she was “hesitant” to introduce a cap, and that the funding agency might be better instead to review each subcontract relationship to decide if further investigation is needed.

Lead providers often claim management fees are needed to cover administrative costs, but many in the sector, including MPs on the education committee led by chair and former skills minister Robert Halfon, believe that too much money is being diverted from frontline learning.

FE Week has exposed many situations where primes levy excessive management fees of up to 40 per cent.

The AELP, Holex, and provider group Collab signed-up in March to new best-practice guidance on relationships between primes and subcontractors – which stated management fees should not be more than 20 per cent of the programme funding.

However, it was quickly undermined when the AoC confirmed it would not commit to any recommended limit.

It claimed it was developing other guidance “properly” with the ESFA and University Vocational Awards Council.

Sector leaders unite against T-level plans that would force students to wait a year for a retake

Sector leaders have urged Ofqual to reconsider its proposal to only allow T-level exams in the summer, as it means students would have to wait a whole year for retakes.

One representative body warned the plan represents a “significant capacity risk for the whole exam system” while also being “overly burdensome” on learners.

Ofqual received the feedback in its consultation about how it will regulate T-levels – which launched on July 10 with just a four-week turnaround.

This represents a significant capacity risk for the whole exam system

Despite the short deadline, over 50 awarding organisations offered formal responses after 100 people attended its consultation events and 40 joined its webinar on the topic.

FE Week has seen a number of the responses, in which the proposed grading system and monetary and capacity issues were high on the list of concerns.

But Ofqual’s plan to only allow assessments to be taken in the summer, thus forcing students who need to re-sit their exams to wait a whole year to do so, was most alarming.

“If a learner fails an assessment at the end of year one they may well need to undertake further learning [in year two] to support the development of their skills and knowledge,” said the Federation of Awarding Bodies, which represents over 125 AOs.

“It is important to consider whether it would be overly burdensome on a learner to undertake this volume of learning, how it might impact on the time the learner needs outside of their studying for wider responsibilities (e.g. part time working).”

The federation added that only having exams in the summer is “not appropriate for the more vocational-style assessment that will be required for the occupational specialisms” and “smaller chunks” of assessments throughout the year would be better.

It also said that the May/June exam period is “already a busy and resource intensive time for providers and we are concerned that on a very practical level, there is not the capacity in the system to support additional assessment”.

Exam halls, invigilators, and examination staff will “already be under immense pressure at that time”.

The FAB added: “If T-levels are intended to scale up then this represents a significant capacity risk for the whole exam system.”

The Association of Colleges backed up the fears expressed by awarding organisations.

“Lessons need to be learnt from the roll out of previous qualifications which have in many cases required additional assessment windows and a safety net approach to grading,” said David Corke, the association’s director of policy.

“There must be additional assessment opportunities other than just the summer. It is important not to impede learners progressing to employment or further study, it is equally important that these reforms are in line with accountability reporting time frames for providers.”

David Corke

He added that government must also “cost the impact of these changes” in monetary terms, “including exam fees, resit fees, invigilator costs, exam hall hire and extra exam staff salaries”.

In Ofqual’s webinar about the T-level consultation, held on August 1, the watchdog’s regulatory development manager, Steve Hickmott, explained why it only wants exams and retakes to happen in the summer.

“We’ve proposed this because we think this is the most robust approach in terms of maintaining standards and it saves the qualification being broken down,” he said.

“But we do fully appreciate this is likely to have implications with both the centres and students themselves that wish to retake sooner, and for employers who may be looking not just to recruit students each summer.”

He added that Ofqual has “flagged this as one of the key issues” and is “keen to hear what alternatives may be preferred”.

Click here to watch Ofqual’s T-levels consultation

The NCFE suggested that an exams system similar to A-levels, in which assessment periods also take place in January, would be better.

This would “reduce the time lag between assessments, support learners in their achievement and keep them motivated throughout”.

The responses to the consultation also highlighted concerns with the proposed triple grading system.

If a student passes, the regulator wants to give an overall “pass”, followed by the core component of the qualification graded A* to E, while using Pass, Merit and Distinction for occupational specialisms.

Awarding organisations disagreed with this approach and said the grades should all be standardised for “ease of clarity, understanding and aggregation of final pass or fail”.

Mr Corke said the grading structure is “definitely more complex”, but “we do recognise the usefulness of separate grading scales for what are essentially the theory and practical components of the qualification”.

Ofqual is expected to formally respond to its T-level consultation in the next few weeks.

Ensuring young people have the ‘best possible’ careers advice

As the Department for Education announces plans to take action against schools that aren’t complying with the ‘Baker clause’, Anne Milton urges providers to contact her directly with their experiences, and outlines what else the government is doing to ensure young people have the best possible careers advice. 

Last March I wrote in FE Week about how important it is that schools and colleges let students know about all the amazing opportunities in technical education and apprenticeships there are after GCSEs.

It’s not just about higher education, and I’m determined to continue changing that perception. I don’t want one route to a career to be considered better than any other. A levels and full-time academic degrees at our world class universities are right for some people. But for others, T Levels, apprenticeships, or level 4 or 5 qualifications can give them the skills they need to get the jobs they want. 

GCSE and A level results days are just round the corner. Young people across the country are making important choices about their future. The significant role parents, colleges and schools play in those choices is clear. They can really have a big influence on the people looking to them for guidance and support. After all, it is their responsibility too.

I spoke in March about the “Baker clause”, which places a legal duty on schools to invite education and training providers to talk to their pupils about technical education and apprenticeships – so that they know what options are available to them. I’m really keen to hear from any providers that have had difficulties with this, or have been blocked from going into schools.  I can be contacted via my parliamentary or constituency office.

But the Baker clause is just one part of our reforms to careers advice. In December, we published our careers strategy. In February, we published guidance setting out the expectations for colleges, based on the Gatsby Benchmarks. These benchmarks include the curriculum being linked with careers, students having encounters with employers and employees, personal guidance and learning from career and labour market information. And some schools and colleges are doing this brilliantly. In many, the knowledge about future careers is embedded in all that they do, with local employers being an integral part of that learning.

At the end of June, we received the results of 2,880 self-evaluation responses from schools and colleges. The results showed that on average, colleges were hitting 2 of the 8 Gatsby Benchmarks. I’m glad that we are seeing a steady rise in the number of benchmarks that institutions are meeting, but there is clearly a lot more to do. I believe progress will speed up next year as the careers strategy is implemented. Young people across the country should have the excellent careers guidance they deserve and need.

We want to help colleges meet the ambitions we’ve set out in the careers strategy, and work towards meeting all eight Gatsby Benchmarks. This autumn, The Careers & Enterprise Company  will be publishing more detailed analysis of this data, so we can find out about what’s working well now and how we can gets careers advice in schools and colleges to work even better. The Company will also be launching a Compass for Colleges tool to allow colleges to more fully capture the work they are doing on careers provision.

There is already a range of support available to help colleges meet our ambitions. The Careers & Enterprise Company  recently published a guide to careers leadership in colleges, which highlights a number of colleges doing this exceptionally well; for example, Scarborough Sixth Form College, Chichester College Group, Sunderland College and Weymouth College. The Company also has its Enterprise Adviser Network – which is already working with 139 colleges, with an enterprise adviser due to be available to every school and college by 2020.

Bursaries for training for careers leaders in colleges will also be offered by The Careers & Enterprise Company from autumn 2018. And we recently announced 20 new Careers Hubs; these consist of up to 40 local schools and colleges working together with universities, training providers, employers and career professionals to improve careers education for young people in the region.

If you are a college or school leader, I urge you to find out more about the support available to help you provide the best possible careers advice. This is about changing the lives of the young people you work with, giving them the chance of a rewarding and fulfilling life.

ESFA set to rule on calls for a subcontracting management fee cap

The Education and Skills Funding Agency will imminently publish its first ever policy for management fees in subcontracting – but it is unlikely to enforce a hard cap, FE Week understands.

The announcement, which could come as soon as this afternoon, will be the outcome of the agency’s review into top-slicing which got underway in April.

Rather than introducing a strict cap on the percentage that can be claimed by a prime provider as a management fee, it is likely that guidance will be offered.

It will undoubtedly please the college sector, who has been lobbying hard against the introduction of a hard cap, but at the same time disappoint the Association of Employment and Learning Providers, which wants fees to be restricted to 20 per cent.

The announcement is expected to align with what skills minister Anne Milton told the education select committee last month, where she stated she was “hesitant” to introduce a limit.

“I hesitate, because how would you assess what that limit should be and for what?” she said.

“You would have to categorise all the different work that the prime contractor did and put a price on that, which would not be that easy because the sector is so variable.”

She added that one alternative would be that “all subcontracted contracts are looked at— i.e. look at what percentage the management fee should be and have a level above which you might investigate further”.

FE Week has exposed many situations where primes levy excessive management fees of up to 40 per cent.

We revealed last month that more than 10 providers charged an average of over 30 per cent last year, while Learndirect took a £4.7 million (40 per cent) top-slice a deal involving £11.9 million of the adult education budget.

When presented with our findings, the Department for Education surprisingly said it had “no concerns” about the subcontracting fees.

But Ms Milton backtracked during her education committee appearance when quizzed on this.

“I most certainly did not say that,” she said. “It is not a line I approved.

“I do share your concerns.”

Lead providers often claim management fees are needed to cover administrative costs, but many in the sector, including MPs on the education committee led by chair and former skills minister Robert Halfon, believe that too much money is being diverted from frontline learning.

The AELP, Holex, and provider group Collab signed-up in March to new best-practice guidance on relationships between primes and subcontractors.

These state that management fees should not be more than 20 per cent of the programme funding.

However, it was quickly undermined when the AoC confirmed it would not commit to any recommended limit.

It claimed it was developing other guidance “properly” with the ESFA and University Vocational Awards Council.

AEB devolution plan to link job outcomes with funding will require more robust learner destination data

Sadiq Khan is demanding London’s training providers collect more robust learner destination data as he ploughs ahead with plans to switch their adult education funding model to payment by results.

But in recognising this action could impact on the resources available in colleges and other providers, the mayor is looking at establishing an “outcomes development fund” to offset the costs.

It would be a pot of cash that providers can bid into to help them develop the systems to collect data “more effectively”.

City Hall will not rush into introducing payment by results models

Mr Khan (pictured) revealed the plan in the “Skills for Londoners Framework” that was put out for consultation two weeks ago, which supplements his skills strategy unveiled in June ahead of the takeover of the AEB for the capital in 2019/20.

It confirmed that London will eventually shift its AEB payment model away towards wider outcomes such as progression into work – something that the Greater London Authority has been researching since as far back as 2014.

But the move is likely to be controversial amongst training providers that for decades have simply been paid for delivering qualifications.

The Association for Colleges certainly isn’t a fan of the “clumsy” system, warning that it “generally requires more data collection, delays payment for training and can result in less money being spent on those furthest away from the labour market”.

“There are other interesting models like Outcome Agreements and Sector Skill Deals that might be more effective in delivering outcome-focused solutions than clumsy payment by results systems for which there is little evidence of successful large scale implementation,” said Mary Vine-Morris, the AoC’s area director for London.

“National adult education funding rates haven’t increased for nine years and we cannot afford for bureaucratic or burdensome systems to be introduced.”

Mary Vine-Morris

City Hall recognises that destinations data collected by training providers is often “incomplete”, so it will look to improve this.

“Ideally, this would include drawing upon HMRC Real Time Information as used by the Department for Work and Pensions within the work and health Programme,” GLA’s framework said, before admitting access to this data is “unlikely” to be made available in the short term.

In the meantime, the authority will request that providers collect destinations data “more completely, and managers will work with providers who are unable to provide sufficient data,” it said.

The framework recognised that the resources required to collect destination data “could have an impact on the resources available for delivery”, so an “outcomes development fund” is being considered for providers to bid into to help them develop data collection systems.

Ms Vine-Morris said it is “good that the GLA paper recognises the need to first improve data collection and access to national data like HMRC”.

The GLA notes that without appropriate data on which to base payments by results models, there is a “significant risk they could damage provision through a range of unintended consequences”.

For example, if the payment model is “not generous enough for a certain type of training, it could lead to less investment in that training, or heavy investment in provision where the payment model is relatively more generous.

“Moreover, there are risks around some providers ‘cherry picking’ learners who they think are likely to achieve outcomes, and neglecting the most disadvantaged who may struggle to achieve them”.

Given this, City Hall said it will not “rush” the introduction of an outcomes-based funding model.

We cannot afford for bureaucratic or burdensome systems to be introduced

It will only be introduced when there is “confidence that there is sufficient data to allow robust payment models to be developed”.

This is likely to be possible only after City Hall gains access to Longitudinal Educational Outcomes data from the Department for Education or after running “robust, smaller scale trials”.

In the short term from 2019, the mayor expects to continue paying providers on a similar basis as that laid out in the current AEB funding rules.

The move to outcome-based funding will also look to include a focus on “social” outcomes.

GLA doesn’t yet know the full detail of how this will be measured, so consultants will be commissioned to work with providers to develop a “set of metrics”.

Ms Vine-Morris said the AoC “welcomes” the GLA’s “acknowledgment that outcomes are not just about supporting learners into work but include progression and the wider social benefits of adult education”.

She added: “We are pleased the GLA is taking a consultative and considered approach and will continue to encourage them to trial any of the changes they propose.”

The consultation closes on August 15.

Ofsted watch: A ‘reasonable’ week for new apprenticeship providers

It’s been a ‘reasonable’ week for FE and skills, as two ‘new’ apprenticeship providers have been given the thumbs up following monitoring visits.

Employer provider Flight Centre (UK) Limited was found to be making ‘reasonable progress’ in all areas under review in a report published August 3 and based on a visit in mid-July.

The company is new to delivering apprenticeships, and has been running level three travel consultancy programmes for its own apprentices since May last year.

Leaders and managers “share a vision and ambition to provide high-quality apprenticeship training for the travel sector” and “have a good understanding of the requirements of the apprenticeship programme”.

Apprentices are “highly motivated”, develop their “knowledge, skills and confidence” and “benefit from regular reviews with their coaches”.

As a result “apprentices make good progress towards achieving their qualification”.

However, leaders and managers were found to have failed to implement a “sufficiently rigorous system to monitor the quality of the apprenticeship programme”, and consequently “do not have a comprehensive enough overview” of its strengths and weaknesses and how to improve it.

Buttercups Training Limited, an independent training provider specialising in health (pharmacy services) apprenticeships, was also found to be making ‘reasonable progress’ in all themes.

It isn’t new to delivering apprenticeships, having previously subcontracted for a number of FE colleges over several years.

Its programmes, at levels two and three, were found to “meet in full the requirements of apprenticeships”.

Leaders and managers “enjoy very strong relationships with employers and representative bodies in the pharmacy sector”, and staff at the provider have “extensive specialist expertise in this vocational area”.

“All apprentices develop substantial new knowledge, skills and understanding,” and receive a “good standard of on- and off-the-job training”, inspectors noted.

Thanks to “very thorough” and “appropriately detailed and helpful” feedback from assessors, apprentices have a “clear understanding of what further improvements they must make and by when”.

Just two other FE and skills inspection reports have been published this week.

Independent providers EXG Limited and BL Training Limited both held onto their grade two ratings following short inspections.

Independent Learning Providers Inspected Published Grade Previous grade
Buttercups Training Limited 04/07/2018 01/08/2018 M M

 

Employer providers Inspected Published Grade Previous grade
Flight Centre (UK) Limited 11/07/2018 03/08/2018 M M

 

Short inspections (remains grade 2) Inspected Published
EXG Limited 04/07/2018 31/07/2018
BL Training Limited 26/06/2018 31/07/2018

Ofsted: more cash needed before campus-level inspections become reality

Ofsted is keen to introduce campus-level inspections but would need more cash from the Department for Education before they could become a reality, FE Week can reveal.

On Wednesday the DfE confirmed it would introduce campus-level performance reporting from next year, following a consultation earlier this year.

Ofsted’s response to the consultation, seen exclusively by FE Week, backed the DfE’s proposals to introduce performance reporting at both college level, within groups, and site level within mega-colleges.

“The availability of more granulated performance data could enable Ofsted to inspect in more detail at a ‘sub-corporation’ level, while still holding the overarching corporation to account for the quality of provision at all colleges/delivery sites,” it said.

The inspectorate has been in discussion with the DfE for “some time” about the possibility of campus-level inspections, and has “made clear that the availability of performance data at the level of inspection is an important prerequisite for us carrying out such inspections”.

“Equally, Ofsted would need to seek extra resources from the DfE for additional costs incurred through ‘campus-level’ inspections,” it said.

The DfE’s response to the consultation would be “taken into account” in “consulting on and determining” inspection arrangements in the revised education inspection framework from September 2019, Ofsted said.

Even if the inspectorate didn’t go ahead with campus-level inspections, the data would mean Ofsted would “be able to identify what value is being added by the college being part of the group”.

Its response made clear that it “will play no part” in deciding what “is or is not subject to separate inspection”, and it would be up to the DfE and the Education and Skills Funding Agency to define “which actual units are delivery sites/ campuses”.

The prospect of campus-level inspections at mega-colleges with multiple sites was first raised during an FE Week interview with Ofsted boss Amanda Spielman in March last year, who said they were under “active” consideration with the DfE.

But the consultation response reveals that discussions on the subject began as far back as 2016, at which point “draft criteria were drawn up”.

The area reviews of post-16 education and training, which ended in March last year, led to the creation of a number of mega-colleges and groups through mergers – prompting questions about Ofsted’s ability to accurately grade provision across multiple sites.

Joe Docherty, boss of England’s largest college group, NCG, told FE Week in February he had been lobbying Ofsted for more than two years to introduce individual grades for each of the group’s eight members.

The group recently saw its rating fall from ‘good’ to ‘requires improvement’, a drop that was blamed in part on the time spent on due diligence for its two most recent mergers, with Carlisle College and Lewisham Southwark College.