Wales/Cymru

Response to: Proposals for Learning & Skills (Wales) Measure 2008 Consultation

(Saesneg yn unig)

Contact Details:
Margaret Phelan
Regional Official
UCU
Unit 33, The Enterprise Centre
Tondu
BRIDGEND
CF32 9BS
Tel: 01656 721951
E-mail: mphelan@ucu.org.uk

Response date: 29.04.2008

Introduction

The University and College Union (UCU) represents more than 120,000 academics, lecturers, trainers, instructors, researchers, managers, administrators, computer staff, librarians and postgraduates in universities, colleges, prisons, adult education and training organisations across the UK.

UCU is the largest post-school union in the world: a force working for educators and education that employers and the government cannot ignore.

It was formed on 1 June 2006 by the amalgamation of two strong partners - the Association of University Teachers (AUT) and NATFHE-the University & College Lecturers' Union - who shared a long history of defending and advancing educators' employment and professional interests.

We welcome the recognition by the Welsh Assembly Government of the need to regulate the delivery of provision for learners within the 14-19 cohorts in Wales. Successive governments have failed to understand the damaging impact of competition on the provision of education and training. Access to wide ranging learning provision for all 14-19 learners is a pre-requisite in enabling learners to fulfil their potential and become fully engaged in their communities and working life. We cannot continue to accept the significant number of young people who are not in education, employment or training. We believe that a curriculum which meets the needs of all 14-19 year old learners is a must for a healthy, productive society.

The Learning Coach

Young people must be encouraged to have a role in the decision making; in deciding on a learning pathway which suits their aspirations. We therefore support the use of an 'options menu’ which will allow flexibility of choice. The needs of the learner, and not the institution, must be the driver going forward. We would therefore urge the Assembly to give due consideration to the employment status of the 'learning coach.’ The employment relationship does bring with it a number of expectations and we believe that the learning coach must be employed by an organisation which is not directly involved in the delivery of the 14-19 curriculum. That independent status would allow the learning coach to give advice without worrying about their actions and the implications of those actions on their employer. From our experience we believe that there would be pressure on these individuals, if they were employed by the provider, to ensure that a learning pathway developed for individual learner would be based on the provision from their employer.

The Measure

Placing schools and FEIs under a duty to 'consider’ co-operation as an option in delivering entitlements does not in our view go far enough. How will the Assembly respond to a large school, who argue that they have considered co-operation and decided against it? Arguably the school will have taken into account the implications of co-operation for their staffing levels and funding and decided that it is not in their best interests to co-operate; not, we might add, the best interests of the learner but the interests of the institution as a whole. The consultation document expresses the view that,

"it is not anticipated that any single learning setting will be able to offer the wide range of provision which will be required under this measure.”

Why therefore does it only require governors to 'consider’ co-operation? Why does it not take the important step of requiring governors to consider 'how’ to co-operate rather than 'whether’ they should co-operate? Past experience from the 'Geographic Pathfinders’ must lead one to conclude that if such proposals are going to deliver the wide ranging curriculum envisaged, then an element of compulsion must be used as a last resort. We accept that there is evidence of co-operation and collaboration across the post 14 sector in Wales, however we would question whether it could be accurately described as 'extensive’. We would support the recommendation from the Webb Review to consider funding the consortia at some point in the future.

UCU are concerned that in some geographical areas schools will decide not to co-operate and the resulting impact of these decisions will be to leave some of the learners, excluded from learning and labelled 'difficult’ to teach. This group of learners are sent to the local FEI to deal with. Some learners just drop out of school. This experience will damage their confidence and exclude them at an early age, having disastrous consequences for the young person and society as a whole.

The Measure proposes to allow a Head Teacher or Principal to make a decision to prevent a learner following a course of study of their choice 'within grounds specified by the Welsh Ministers.’ It is within this section of the regulations that Ministers must be confident that the grounds they set are 'fit for purpose’ and don’t allow individual institutions to make decisions based on the best interests of the institution which will adversely impact on the learner. The decision to prevent a learner pursuing a course of study which meets their needs must not be allowed to be made on the basis of the institution losing the funding 'following’ that student. If we are to develop the notion of a 'consortia’ of provision, learners must be allowed to pursue the course of study which meets their needs and aspirations.

The ability of FEIs to participate in the provision for learners from 14 onwards poses some considerable challenges to our members. Staff in FEIs are not used to dealing with learners under 16 and a considerable amount of training will need to be provided for staff to enable them to ensure an appropriate learning environment for this group of learners.

There are significant legal issues to be addressed, especially post Birchard/2006 safeguarding regulations. We expressed concerns during our responses to pathfinder consultations about FE being seen as an opportunity to rid schools of disruptive students. There is some evidence to suggest (from Learning & Skills Network and Oxford Brookes University) that these young people thrived within Further Education, mainly because they 'were treated like adults’. However they are likely to be challenging learners and the training and development of staff in further Education will be crucial in this area.

Learning Pathways

We would urge the Welsh Assembly to formally consult on a legislative framework to ensure enforcement of the policy. Our response to the Measure clearly raises our concerns on the ability of the current draft measure to ensure compliance in relation to the choice of the learner. UCU support the introduction of an Assembly Measure for all the reasons outlined within the regulatory impact assessment outlined within this current consultation document.

Margaret Phelan
Wales Official
Agreed FESC Policy meeting
5 April 2008