Skills and Post-16 Education Bill [HL] — House of Lords, 2021-07-15
Topic: Education
Joanna Penn (Conservative, Centre-right): My Lords, Clause 5 places a duty on governing bodies of institutions within the further education sector to periodically review their provision against local needs and to consider changes that might improve the way that those needs are met. Regular reviews of provision should be a key part of strategic curriculum planning within every college, as the noble Lord, Lord Watson, pointed out. As well as reflecting the priorities set out in any local skills improvement plan, the reviews should cover the whole of the education and training offer and the needs of both current and future learners I reassure the noble Lord, Lord Watson, that this clause is not introduced with the intention of second-guessing practices that already take place within local providers or their value. But by placing a legal duty requiring reviews to be published, Clause 5 strengthens transparency and accountability around decisions on provision that are vital for local communities I turn first to Amendment 41, from the noble Lord, Lord Addington. I welcome the opportunity to respond to the points he made on clarifying the timing of reviews, including their frequency and regularity. In the draft statutory guidance—which we have been able to produce for this clause and which supports the new duty proposed in Clause 5—we set out the principle that reviews should be timely and undertaken at least once every three years. The term "from time to time" is often used in legislation, and can have the advantage that it can accommodate reviews that may, for very good reason, take place at different intervals and therefore could not, strictly speaking, be described as "regular". The noble Lord, Lord Addington, himself asked whether you could have more frequent reviews or a review at a different point, perhaps in response to changing local needs or circumstances, and so "from time to time" is aimed at allowing for such circumstances I hope that there is a broad level of agreement across the Committee around the importance of reviews taking place on a timely basis, and that my explanation of the Government’s approach and the contents of the draft statutory guidance provide some reassurance that the proposals in Clause 5 will achieve that goal On Amendments 43 to 46 in the name of my noble friend Lord Lingfield, I completely agree with his remarks on the importance of provision for students with special educational needs, including those with an education, health and care plan. Provision for these students is an integral part of the education and training provided by an institution. Again, the draft statutory guidance published by the department makes clear that the review should include consideration of the needs of learners with SEND, including those with education, health and care plans, when governing bodies are considering the needs of different groups of learners locally. The existing statutory obligations on colleges relating to SEND, including the public sector equality duty, are a key reference point for the governing body when carrying out the review Colleges and other FE sector institutions already do fantastic work for students with SEND, and that provision is an integral part of the education and training that colleges offer. For that reason, we consider it essential that it is considered as part of any review of their wider provision, rather than through a separate or parallel exercise. To re-emphasise, in reviewing the college’s education and training provision under Clause 5, the governing body must do this in a way that is consistent with its existing statutory obligations in relation to SEND, and that is underlined in the draft statutory guidance supporting the review I hope that I have provided some clarity to the noble Lord, Lord Addington, on the use of the term "from time to time", and he will feel able to withdraw his amendment, and sufficient reassurance to my noble friend Lord Lingfield that he will not move his amendments when they are reached.