My Lords, I am sure I am not alone in finding that there are times when I come across something that makes me look at it and look at it again and think, “Well, that’s stating the blindingly obvious.” That was my thought when I read Clause 5(1), which says:
“The governing body of an institution in England within the further education sector must—
(a) from time to time review how well the education or training provided by the institution meets local needs, and
(b) in light of that review, consider what action the institution might take (alone or in conjunction with action taken by one or more other educational institutions) in order to meet those needs better.”
Certainly, any principal or governor of an FE college reading that would have reacted with genuine astonishment, along the lines of: “Wow, that’s a great idea—why didn’t I think of that?” Actually, any principal or governor of an FE college would have reacted with astonishment, probably with language that might politely be described as “unparliamentary”.
I am not going to claim that every one of more than 200 FE colleges in England are faultless in how they go about their business or in the quality of their teaching. They employ around 120,000 full-time equivalent people and have a key role in developing career opportunities, enhancing skills, creating future leaders, transforming lives and serving businesses.
Not satisfied with having dug themselves into a hole in the form of Clause 5, the Government and the DfE then managed to dig even deeper with their attempt at an explanation for this clause in the Bill’s policy summary notes. On page 11, they ask themselves the question: “Why is legislation needed?” They answer their own question:
“Creating a statutory duty will ensure that aligning provision with local needs is a priority for the governing body of the relevant providers, alongside their other statutory duties, and strengthens accountability for this aspect of their performance.”
I have read that two or three times, and it always reads, to me, like gobbledegook.
5.30 pm
I do not really see the point of Clause 5. But to whatever extent some colleges might be run to a higher standard—of course we are not denying that there are several cases where that is true—do noble Lords really believe that those colleges do not “from time to time” review how well the education or training they provide meets local needs, and then follow that process by considering what action the institution might take to meet those needs? That is a fairly safe assumption. For the Government, or whoever drafted this clause, to feel the need to include such wording in the Bill suggests that they have a very poor understanding of how FE colleges operate, and an even poorer appreciation of the value of the education and training that colleges provide as a benefit to their local community. I hope the Minister will use her remarks at the end of this group to tell me in no uncertain terms that such a suggestion is entirely mistaken, while demonstrating why that is the case.
On the amendments in this group, I might have been tempted to say something similar to the noble Lords, Lord Addington and Lord Lingfield, because neither provided evidence to support their implicit contention that, in general, the needs of students and potential students are not regularly considered and reviewed in decision-making, as set out in their explanatory statement. However, I know and accept that that was not their intention and not what they meant, and I aim no criticism in their direction.
Amendment 43 is of course more specific, highlighting the needs of students or potential students with special educational needs in their local area. That is indeed, as the noble Lord, Lord Addington, outlined in moving this group, a very real issue, albeit one that colleges should neither require legislation to alert them to nor to make them take the necessary steps to make their institutions as inclusive and welcoming as possible.
In summation, Clause 5 is in itself unnecessary and adds nothing worthwhile to the Bill. But on the assumption that it will remain, Amendment 43 is important and should be supported, even if only to ensure that all colleges reach the level of support for SEN students that those students and their families have a right to expect.