Post-16 segregation threatens ‘parity of esteem’ for technical education

Post-16 pathways are increasingly segregated, which risks damaging the government’s ambitions for technical education to be treated with parity of esteem, argues David Robinson

Where do disadvantaged young people go after they leave secondary school, and what does this mean for social mobility in England? Today the Education Policy Institute sheds light on this question by publishing research showing that, not only do the post-secondary destinations of disadvantaged 16-year-olds differ from their more affluent peers, but that this segregation is increasing over time.

This segregation is increasing over time

We consider the proportions of secondary school leavers that go on to further education colleges, sixth forms, other education destinations, employment (with or without training), or to none of the above.

In 2016 (the most recent year for which we have data) we find that 21.2 per cent of all disadvantaged pupils would have needed to switch their post-16 destination to match the destinations of their peers to eliminate this segregation. Recently this proportion has slowly, but consistently, risen at a rate of one percentage point every five years.

Obviously, different is not necessarily worse, but the segregation itself can have pernicious consequences.

Interestingly, there’s some broader good news that sits behind these figures. In 2015, the government raised the participation age, requiring all young people to continue in education or training until their 18th birthday, and by June 2017, it was estimated that 91 per cent of 16 to 17-year-olds were in education or training, with most of the increase coming from participation in full-time education.

This is clearly good for the life chances of these young people

Indeed our analysis shows that the proportion of disadvantaged 16-year-olds not in education, employment or training (NEET) decreased from 14 per cent in 2012 to 11 per cent in 2016. This is clearly good for the life chances of these young people.

But there are two important caveats to this. First, this still leaves 11 per cent of disadvantaged 16-year-olds leaving school as NEET. The corresponding figure for their more affluent peers is just 3 per cent. So clearly there’s some way to go in providing comparable opportunities for young people.

The second caveat is that while fewer disadvantaged 16-year-olds and their peers are becoming NEET, they are taking notably different routes. Disadvantaged 16-year-olds have increasingly been moving onto a range of destinations including employment, training, further education colleges and sixth forms, while the majority of their peers have increasingly been moving on to sixth forms. This is what has driven the increase in segregation observed in our metric, which measures only the differences in destinations and makes no judgement which destinations are “better” or “worse”.

Much of this divergence in destinations appears to be driven by the differences in grades achieved at the end of key stage four. Our report shows that the gap in average GCSE English and maths grades between disadvantaged pupils and their peers, while narrowing, is closing at an increasingly slower rate. At the current pace, it would take well over 100 years to reach parity. We see further divergence emerging after pupils leave school – with opportunities and provision at post-16 level highly dependent on where a student lives and the wealth of the area.

Parity of esteem is critical 

But in the end if fewer young people are NEET, does this increased segregation matter? In our view, yes it does. Segregation reinforces the lack of parity of esteem, whatever the actual quality of the routes. This parity of esteem is critical at a time when the government has committed to increasing the diversity of provision, including giving Britain “the technical education it has lacked for decades”. This apparent commitment is demonstrated by the introduction of T-levels, the review of Level 4 and level 5 qualifications, and the prominence given to technical and vocational in the terms of reference of the government’s review of post-18 education.

For example, as and when T-levels are fully rolled out, it’s likely that FE colleges will provide the bulk of these qualifications. It’s in the interest of neither young people (whatever their background) nor employers, if these qualifications are seen as a route for “other people’s children”, or indeed “my child, but not this year”. Indeed our previous research indicates that the UK economy needs more people with intermediate-level qualifications, and T-Levels will only be a success if they are seen as a credible and high quality vocational route, likely to last and gain labour market value.

So, while it’s good that more young people continue in education after they leave secondary school, the government needs to consider how the increased segregation of young people on account of their economic background puts its own ambitions at risk.

Ofqual to audit EPAOs amid ‘capacity and capability’ concerns

Ofqual will soon begin auditing apprenticeship end-point assessment organisations to find out how they are mitigating risks around the capacity and capability of assessors.

The exams regulator today confirmed its approach to its external quality assurance of EPAs, by publishing a final set of rules.

The conditions and guidance, which come into force tomorrow, will lead to Ofqual carrying out audits of end-point assessment organisations to fish out any issues with examiners.

It comes after chief regulator Sally Collier (pictured) said she was concerned about assessor capacity and capability at the AELP conference last month.

She made a plea for delegates to help keep tabs on EPAs by joining an expert panel that looks into their technical problems.

“With these rules in place, we are now beginning a programme of work on the delivery of EPAs,” Ofqual said today.

“This will include a programme of audits to help understand how the EPAOs we regulate are mitigating risks around the capacity and capability of EPA assessors.

“Where an apprenticeship trailblazer group has selected Ofqual as the external quality assurer for its apprenticeship standard, all EPAOs offering EPAs for that standard must be (or become) Ofqual-regulated and all EPAs must meet these new conditions and our general conditions of recognition.”

The regulator reiterated, as Ms Collier did at the AELP conference, that it was not “lowering the recognition bar”.

It has instead “streamlined our recognition process for organisations seeking to offer EPAs, and we will be publishing further information in the coming weeks so that all organisations are able to decide at an early stage whether Ofqual regulation is for them”.

Today’s published set of rules include a number of amendments to original proposals following a two-month consultation earlier this year.

Included is a change which allows some parts of the EPA to take place at the training centre where the apprentice studied, as well as clarity around what end-point assessment organisations must contain and how specifications must be published.

Ofqual has so far been asked to provide external quality assurance for 55 apprenticeship standards – with another 37 in the pipeline.

As an EQA, the exams regulator also includes a technical evaluation of a proposed EPAs, to ensure that EPAOs have “interpreted assessment plans correctly and consistently so that employers get what they want and expect from the assessments”.

Ofqual has looked at 19 EPAs so far and asked EPAOs to make changes where required.

EQA providers oversee EPA assessment procedures and employer groups who develop new apprenticeships can choose the body that regulates their standards.

They can opt for one of four different EQA options: Ofqual, the Institute for Apprenticeships, a professional body, or an employer designed option.

Colleges supported with £760,000 to engage inactive students in sport

Over three quarters of a million pounds will be invested in colleges over the next two years to engage inactive students in sport and physical activity.

AoC Sport announced today that Sport England will devote the sizeable chunk of its National Lottery funding to colleges from September 1, 2018 until August 31, 2020.

It will be used to run a series of “targeted interventions” aimed at increasing the levels of physical activity within “lower socio-economic groups, women and girls, inactive students and volunteers”.

According to Sport England, nearly one in five students at FE colleges in England are currently not active enough – which means 138,000 students are doing less than the recommended 30 minutes of physical activity each week.

“We are delighted that Sport England are continuing to invest in the college sector,” said AoC Sport managing director, Marcus Kingwell.

“Our vision is every student active and this funding will help us target the most inactive young people in colleges, which in turn will benefit their education, employability and health.”

The interventions planned over the next two years include a “This Girl Can Ambassador” programme, where ambassadors in at least 60 colleges will be trained to promote and deliver physical activity and sport to female college students.

They’ll encourage “non-traditional activities”, such as Raveminton Open in a new window which involves playing badminton under ultra-violet lights with fluorescent lines, neon nets and shuttlecocks sprayed with UV paint, as well as tag American football, and bubble football – where five-a-side football players go up against each while wearing an inflatable orb.

The funding will also be used to increase the diversity of student volunteers to “better reflect society,” an AoC Sport spokesperson said.

To achieve this, the association will work with departments in colleges other than sport with a diverse population to “ensure opportunities are available to all students”.

A marketing campaign which will include guidelines on regularity and intensity will also be launched to “start the conversation” on what being inactive actually means.

The £760,000 is in addition to the £5 million Sport England has already invested into 49 colleges, as part of the Tackling Inactivity in Colleges programme.

Cassell Bailey, head of children and young people (education) at Sport England, said: “College is a time when students often stop participating in sport and physical activity so this investment is a great opportunity to embed this into their lifestyles so they can continue to be active for years to come.

“Not only will it help improve their physical and mental health, it can also help them prepare for the challenge of university or the workplace.”

Sport England invests up to £300 million National Lottery and government money each year in projects and programmes that help people get active and play sport.

A subsidiary company of the Association of Colleges, AoC Sport is a membership organisation which campaigns for every college student to participate regularly in physical activity.

FE Week has previously been media partner for the AoC Sport National Championships.

European Social Fund protected until end of 2020, Chancellor confirms

Training providers will have their European Social Fund cash protected until the end of 2020, even if a “no-deal” Brexit is reached.

Chancellor Philip Hammond (pictured) made the promise today that any funding that organisations secure through EU programmes will be “guaranteed” by the UK government until that date.

It was always the case that the current ESF funding round, worth about €3 billion (£2.3billion) across England, would run over the period from 2014 to 2020.

But questions were raised if this would still happen in the event of the government and the EU ending Brexit negotiations without agreeing departure terms in 2019.

“The Treasury will guarantee funding for UK organisations which successfully bid directly to the European Commission until the end of this EU budget period if no deal is agreed,” the Treasury said today.

This will give potential applicants “continued confidence to bid for funding whatever the outcome of the negotiations, and ensure that UK organisations continue to benefit from funding post-Exit”.

The ESF was cash that the UK received, as a member state of the EU, to increase job opportunities and help people to improve their skill levels, particularly those who find it difficult to get work.

Although providers will be pleased that this current funding round of ESF is guaranteed to run until 2020, many are still concerned what happens after that deadline.

In April, the work and pensions committee said the government must “urgently” design a successor programme to the ESF to avoid a “disastrous” post-Brexit funding gap.

Leaving the EU gave the UK a “historic opportunity” to “design a truly world-class successor” programme that was “entirely in its national interests: plugging skills gaps, boosting productivity and lifting up disadvantaged communities,” the report said.

But it warned the government “must act now to guarantee certainty for providers and communities and avoid a potentially disastrous interruption in funding”.

Commenting on today’s announcement, Mr Hammond said: “We continue to make positive steps towards getting the best possible deal with the EU – one that works for the whole of the UK.

“The guarantee we are making today however means that, even in the unlikely event of a no-deal, our businesses, universities and local authorities can be confident that they will continue to receive the funding they successfully bid for from any EU programme.”

9 things we learned from the DfE’s annual report and accounts 2017-18

The Department for Education has this morning published its annual report, revealing payoffs, various bonuses and millions in unrecoverable debt.

The accounts sets out the expenditure and performance of the department over the period April 1, 2017 to March 31, 2018.

FE Week has the main findings:

 

1. Hinds’ ministerial direction ‘demonstrated strong commitment’ to T-levels

The accounts take note of the education secretary’s rare ministerial direction on the implementation of the new technical qualifications.

On May 17 Jonathan Slater drew attention to the ambitious timetable and the challenge in ensuring that the first three T-levels would be ready to be taught from 2020 and beyond to a consistently high standard.

But education secretary Damian Hinds, having “considered the advice in detail”, was “convinced of the case to press ahead”. The direction “demonstrated the government’s strong commitment to the future success of the T-level programme,” according to the accounts.

 

2. Justine Greening was handed a £16k payoff

The former education secretary was given a £16,876 severance payment when she left the department in January.

Damian Hinds replaced her and he was paid £15,425 salary until the end of the year.

Former skills minister Robert Halfon received no pay-off when he was sacked in June. But he did pick up £7,000 including pension on top of his MPs salary for his time as a skills minister that year.

Anne Milton joined on June 12 and received £25,432 until the end of the year. The overall salary for a skills minister has not changed, and sits at £31,680 for a full year.

 

3. Bonuses for senior staff

Three DfE directors received bonuses in 2017-18. Peter Lauener, the former chief executive of the Education and Skills Funding Agency received between £20,000 and £25,000 despite numerous torubles before he left, including two procurement fiascos and the Learndirect scandal.

Andrew McCully, the director general for infrastructure and funding, got between £10,000 and £15,000, and Paul Kett, director general for education standards, received between £5,000 and £10,000.

 

4. Presidents Club organiser Meller was paid £27k

Apprenticeships ambassador and businessman David Meller resigned as a non-executive board member at the DfE in January following revelations about the controversial Presidents Club charity dinner.

He set up the Meller Educational Trust, which runs four schools and a university technical college, and served as chair of the National Apprenticeship Ambassador Network and the Apprenticeship Delivery Board.

But he was also the co-chair of the charity set up to run the dinner, which was rocked by allegations of sexual harassment by guests following a Financial Times investigation.

Most non-executive board members are unpaid. However, DfE accounts show Meller was one of three to receive remuneration, paid £15,000 in 2016-17 and £12,500 in 2017-18.

The same payments were also made to board member Marion Plant, while Baroness McGregor Smith received £17,500 in 2016-17 and £15,000 in 2017-18.

 

5. Over £60m lost because of poor colleges and failed UTCs

As revealed in the ESFA’s annual accounts last week, the DfE waived huge amounts owing to its exceptional financial support for colleges.

The college with the biggest amount waived was Hull, where the ESFA abandoned £21,267,000. The second was Central Sussex College with £12,098,000, followed by Bournville College, which had £10.5 million waived.

Three failed University Technical Colleges – Daventry, Greater Manchester, and Lancashire – had a combined total of £3,137,000 written off as a result of closure.

 

6. Staff costs increased and spending on consultants and temporary staff on the rise

In 2017-18 the DfE spent £535 million on paying wages, up from £473 million the previous year.

The DfE meanwhile spent £9 million on consultancy in 2017-18, up from £6 million last year and £3.5 million in 2015-16.

Spending on temporary staff also rose to £27.2 million, up from £22.5 million last year.

 

7. The DfE employs 127 people ‘off-payroll’

The department and its various agencies is paying 127 staff off-payroll – something the Treasury isn’t too keen on because it means staff could use it as a tax dodge to pay a lower rate of tax.

These employees are paid more than £245 a day.

This includes 32 at the department itself, 54 at the ESFA and 21 at the Standards and Testing Agency.

Of the 127 arrangements, 27 have been in place for less than a year, 46 have been in place for between one and two years, 20 for between two and three years, nine between three and four years and 25 for more than four years.

 

8. 35 colleges in formal intervention

As at August 31, 2017, there were 35 colleges in intervention due to poor financial health. This was a decrease from the 40 at the same point in 2016.

Colleges that are in inadequate financial health can be referred to the FE Commissioner, who will conduct an intervention assessment.

 

9. Research spending has doubled in two years

In 2017-18, the DfE spent £22.6 million on research, compared to £16.7 million in 2016-17 and £11.1 million in 2015-16.

However, during that time, the DfE has grown in size, having taken on responsibility for adult skills and higher education in 2016.

None of its “key research strands” were for FE.

Why good governance is crucial for ITPs

The AELP’s new code of governance is a chance for training providers big and small to think about how they comply with best practice, observes Nichola Hay

Governance is a hot topic right now. Only a week after I spoke on the subject at the Association of Employment and Learning Providers’ national conference, Ofsted’s chief inspector dedicated a whole speech to its application in multi-academy trusts. Obviously Amanda Spielman hadn’t been taking her lead from the conference, but it has been rewarding to be part of an important initiative as AELP drives forward best practice in our part of the sector.

With support from the Further Education Trust for Leadership and the expert advice of sector luminaries Sue Pember and Karen Adriaanse, the AELP initiative takes the form of a new code of good governance for independent training providers (ITPs), which include limited companies, charities and not-for-profit organisations of all sizes. AELP has strongly recommended that the code be adopted by all its ITP members.

An ITP’s board should publish an annual account of its engagement with the main communities that it serves

Good governance is not new to ITPs. My organisation is part of the Seetec Group and our governance approach follows the principles of the Corporate Governance Code. As a public service provider responsible for public funds, we are also guided by the Nolan standards in public life, and many other AELP members do the same. But the new code developed by AELP is a major step forward because it helps to formalise governance within the sector, and provides a clear framework for AELP members to map their governance against.

The code can be applied to organisations of all sizes, and ideally all ITPs should review their governance structure, document what it looks like and how it complies with the best practice. However, it is expected there will be differences in the way organisations implement the code, given their structures and sizes.

Larger ITPs will simply need to review their current structure and map over to the code, bridging whatever gaps they identify.

Small and medium-sized organisations will need to think about what governance means to them, and consider how the senior management team will be challenged and questioned on decision-making. Their governance structure will need to be formalised.

My recommendation would be that if you are a small provider and feel that an aspect of the governance code doesn’t apply, then you should be transparent about the reasons for not adopting it, and what you have in its place to ensure the principles are being followed.

Ofsted’s scrutiny of the governance of all types of providers should be a reason in itself for adopting the code. But as a director, I am challenged and questioned daily on decisions made by stakeholders, including our employer clients. Following the code will bring additional comfort and security for me as well as being of benefit to stakeholders. I would recommend that those providers who have a board and haven’t got a non-executive director should consider appointing at least one to offer external insight and hold the management team to account.

Other aspects I believe will be of particular value are the code’s recommendations on transparency and openness. At least once a year, an ITP’s board should publish on the organisation’s website an account of its engagement with the main communities that it serves, the progress made towards meeting their needs for education and training, and how it aims to meet future needs. Again, the focus on how we deliver social value is vital when we are reporting on the use of public money, and this is why we should also encourage employers to put governance structures in place in respect of their levy funds. Via its annual report or self-assessment report, the ITP should also communicate that it has adopted the code and demonstrate how it complies with the principles.

The AELP code was published at the AELP conference as a “final draft” for consultation and it will be finalised shortly. By embracing it, a provider is sending out a signal in a very competitive marketplace that it has good values and ethics. 

Ofsted watch: Best and worst of FE on show

An independent specialist college showed the best of FE this week as it maintained its ‘outstanding’ rating, but the worst of the sector was also displayed when a private provider was branded ‘inadequate’.

Foxes Academy, based in Somerset, was given a grade one across the board for the third time since 2007, in a report published on July 19.

It is a residential college and training hotel for young people with learning difficulties and/or disabilities – taking learners from across the country whose disabilities include hearing impairments, attention deficit hyperactivity disorder, and autism spectrum disorder.

“Learners epitomise the values of staying safe and healthy, enjoying and achieving their qualifications, becoming independent and contributing positively to society,” Ofsted said.

“Learners make exceptional progress in developing their confidence, communication and interpersonal skills, enabling them to make their views known effectively and contribute to improving the college.

“The vast majority of learners gain long-term employment or are successful in moving into independent living accommodation.”

Inspectors found that the curriculum and range of support, such as speech and language therapy, are “very well designed and delivered”. They raise learners’ “aspirations and enable them to develop their independence and work skills very well”.

Partnerships with employers are also “excellent and productive, assisting learners to enjoy highly effective work experience or work placements”.

“The real working environment of the Foxes Hotel enhances the experiences of learners very successfully,” inspectors added.

On the other end of the spectrum, a provider which trains hundreds of glass industry apprentices was given Ofsted’s lowest possible grade, in a damaging report which led to the Education and Skills Funding Agency withdrawing its funding.

The Vocational College Limited, based in Liverpool, has now ceased trading.

“Too many” apprentices were said to be making slow or very slow progress,” inspectors said.

“They are unable to complete the apprenticeship by the planned end date due to weak management of the programme and poor teaching, learning and assessment.”

It was better news for BCTG Limited, a private provider based in Oldbury, which improved from ‘requires improvement’ to ‘good’.

Leaders provide “clear strategic leadership and are ambitious” for their 3,279 learners.

“Managers work effectively with local and regional partnerships to identify and provide education and training that meet the needs of employers, learners and apprentices,” inspectors said.

“Most learners and apprentices achieve their qualifications by the planned end date.”

The majority also progress towards employment or gain promotions in their jobs, Ofsted’s team added.

Also going from a grade three to a two was Waverley Training Services, an adult and community learning provider which trains around 950 learners on study programmes and apprenticeships in Surrey.

“Since the previous inspection, leaders and managers have made changes that have improved the standards of teaching and learning so that a much higher proportion is good,” inspectors said.

“Staff at Waverley Training Services support employability learners well to remain on their courses and overcome problems that have prevented them from achieving in the past.”

Going in the opposite direction was Strathmore College.

This independent specialist college, based in Stoke-on-Trent, went from ‘good’ to ‘requires improvement’ because governors and senior leaders pay “insufficient attention to improving the quality of teaching, learning and assessment”.

It trains learners who have mild to severe learning disabilities, and emotional, social and behavioural difficulties.

“Staff training in the ‘Prevent’ duty has not yet led to learners having a secure understanding of the risks of radicalisation and extremism,” Ofsted said.

“Leaders and managers have not made sufficient arrangements for learners to receive impartial careers education, advice and guidance to enable them to make informed choices.”

Meanwhile, there were two monitoring visit reports of “new” apprenticeship providers published this week.

Bauer Radio Limited, based in Edinburgh, and Sccu Ltd in Coventry, were both deemed to be making ‘reasonable progress’ in all fields judged.

Lastly, three short inspections were released in which all providers maintained their ‘good’ grades.

These were for Prevista Ltd, a private provider in London, The Northumberland Council, and the Heart of Birmingham Vocational College, another independent specialist college.

 

Independent Specialist College Inspected Published Grade Previous grade
Foxes Academy  13/06/2018 19/07/2018 1 1
Strathmore College 05/06/2018 18/07/2018 3 2

 

Independent Learning Providers Inspected Published Grade Previous grade
BCTG Limited 12/06/2018 20/07/2018 2 3
Sccu Ltd 06/06/2018 19/07/2018 M M
Bauer Radio Limited 25/06/2018 18/07/2018 M M
The Vocational College Limited 05/06/2018 16/07/2018 4 2

 

Adult and Community Learning Inspected Published Grade Previous grade
Waverley Training Services 12/06/2018 20/07/2018 2 3

 

Short inspections (remains grade 2) Inspected Published
The Northumberland Council 20/06/2018 19/07/2018
Prevista Ltd 12/06/2018 16/07/2018
Heart of Birmingham Vocational College 27/06/2018 20/07/2018

DfE spent £93m on doomed UTCs and studio schools

The Department for Education spent more than £90 million on university technical college and studio school projects that went on to fail, new data shows.

The government updated its register of capital spending on free schools, which includes the acquisition and construction costs for the 14 to 19 technical institutions.

Analysis of the data shows that, since 2010, £63,983,295 has been spent on eight UTCs that went on to close or announce closure.

A further £28,926,340 has been shelled out for 17 studio school projects that didn’t work out.

The actual spend is likely to be higher, as some of the doomed schools have not yet been included in the government’s data.

In total, 26 studio schools and nine UTCs have either closed or announced plans to shut.

The government has also admitted today that it handed a UTC site worth £10.3 million to a university after the college closed down.

Annual accounts of the Education and Skills Funding Agency reveal that the site previously occupied by UTC Lancashire until it closed in 2017 was handed over to the University of Central Lancashire.

This resulted in a “gift” of £10.3 million from the ESFA to the university being listed in the accounts after the site was given up.

Overall, the government has spent more than £407 million on UTCs and studio schools since 2010.

DfE waters down T-level licensing rules but unlikely to appease exam bodies legal challenge

The government has watered down a number of rules in its procurement process for T-levels following outcry from the sector – but it’s unlikely to appease the Federation of Awarding Bodies’ legal action.

The draft invitation to tender for awarding organisations was published by the Department for Education today. It follows two market engagement events last month left AOs fuming over the terms they would have to agree.

Original rules led to the FAB threatening the department with a judicial review as they felt their ownership of the T-level content they will have developed would be limited.

Launching the draft invitation today, the DfE said it had “listened to feedback from AOs” and made a number of changes in response.

This is what the DfE originally said before agreeing to allow AO branding in T-levels

These include allowing awarding organisations to co-brand student and employer facing materials, something the department said was impossible at the market engagement events.

“Suppliers may use their own branding on materials used in connection with the TQ, including student or employer facing materials (e.g. exam papers) required for the T-level,” the department said in the draft document.

This is “subject to meeting the specified rules on joint branding aimed at ensuring that the T-level brand remains a distinct brand, and that a T-level is clearly seen to be part of a T-level programme run by the authority, and to be the same T Level when offered by a future supplier”.

Similarly, intellectual property that goes into the technical qualification element will be allowed to be used abroad separate from the T-level programme.

Tom Bewick, chief executive of the FAB, said this addresses “some of the concerns we raised about the damage that could be caused to the export potential of awarding body expertise post-Brexit”.

He added: “We note the inclusion of consortia arrangements being made more explicit in the ITT and that government will allow them to deliver T-Levels, provided they are licensed as a single entity. We in fact put this idea to government.

“The main problem however with making such a proposal work in practice is that the government’s unrealistic procurement timescales will make it nigh impossible to put appropriate consortia arrangements together in time for wave one.”

Other changes include allowing development fees be paid in installments rather than one lump sum, as well as indexation of fees being permitted.

The deadline to provide feedback to the draft invitation to tender is August 13. The final tender will then be published on September 3 and the submission deadline is October 30, 2018 – a timetable of just over 8 weeks.

The FAB’s legal challenge is based on more than just the procurement. It believes timescales for implementation are unrealistic and there will be a disproportionate impact on the awarding sector.

FE Week understands the watering down of the procurement rules will not deter FAB and they await the DfE’s response to their judicial review letter, which has a deadline of July 31. The federation will then consult members about issuing a claim.

“What we need from ministers is acknowledgement of the need for a more proactive approach on consortia models, working closely with the industry, to encourage the sector to come forward with real workable arrangements,” Mr Bewick said today.

“FAB will not be making any further comments on our pre-action legal challenge at this time.”

We have always taken a collaborative approach to developing T-levels and have been in regular contact with the sector about this procurement

Education secretary Damian Hinds didn’t hold back in his reaction to the threat of a judicial review last week, labelling it as “deeply disappointing” before telling awarding organisations to “focus their energies” instead on making T-levels a success.

Offering her reaction today, skills minister Anne Milton said: “We have always taken a collaborative approach to developing T-levels and have been in regular contact with the sector about this procurement.

“We held two engagement events in June about the competition and provided advice on preparing high-quality bids. Today we are also sharing the draft procurement documents to give awarding organisations a genuine opportunity to influence how the procurement works.  

”We will continue to work in an open, transparent and constructive way so we can introduce the first three T-levels from September 2020.”

The legal battle started in a whirlwind week, after Ms Milton made the national papers by admitting that as a parent she would tell her children to “leave it a year” before studying a brand new qualification like T-levels.

It all followed a rare ministerial direction from the education secretary in May, when Damian Hinds refused his own permanent secretary’s request to delay the initial rollout of T-levels until 2021.