Government faces threat of legal action over introduction of T-Levels

The Federation of Awarding Bodies has sent a letter before action to the Department for Education and the Institute for Apprenticeships warning of a potential judicial review challenge to the government’s T-Level programme.

The introduction of T-Levels is part of an overhaul of England’s technical education system following publication of the post-16 skills plan.

In April 2016 an independent panel chaired by David Sainsbury recommended a new system of technical education to provide a high quality technical option alongside an academic option for students aged 16 to 19.

The FAB said it was advancing several grounds of legal challenge to the approach being taken by the DfE (and IfA) to the “wave 1” T-level procurement process.

Paul Eeles, the Chair of FAB’s Board, argued that:

• The rationale for the timescales being pursued by the DfE (and IfA) “does not add up”. It was unclear whether these bodies had the powers they need to act as they intended.
• The ongoing uncertainty around numerous matters that were essential to bid preparation would make it impossible for some awarding organisations (AOs) to participate in the procurement process, would dissuade other AOs from participating, and would significantly disadvantage those AOs that do decide to participate.
• A single-provider model had been adopted without proper stakeholder engagement, “regardless of the duties owed by the DfE (and IfA), and irrespective of the serious implications for the sector”.
• Other proposed aspects of the “wave 1” procurement process (including around co-branding and intellectual property rights) remained unresolved and might well give rise to further concerns. “These are being kept under review.”         

Eeles said: “It is highly regrettable that we feel the need to take these steps. It seems the government is simply not willing to listen to a chorus of concerns about its T-Level implementation plans.

“Ultimately, our concerns come down to the future job prospects of the 30,000 learners that will be invited to enrol in the first wave of the T-Level programme. We can’t afford a rushed process that could result in a whole generation of people being let down in the same way that those who took 14-19 Diplomas were prior to 2010.”

Eeles added: “Of course, we are four-square behind the government in wanting to introduce a genuinely world-class technical qualification. But the desire to meet a politically driven timescale of September 2020 should not come at the expense of the capacity of the education and awarding system to respond adequately.

“It is clear from the alarm bells raised by our members and other voices in the sector that the government needs to explain more clearly the risks it has entered into as a result of taking a lot of other sensible options off the table.

“The proposed judicial review will help the sector and the wider public come to a more informed view about whether in fact the government has acted lawfully in the way it has handled the T-Level process.”

In September 2018, the DfE intends to launch the invitation to tender (ITT) for AOs to bid for the exclusive licences for the Technical Qualifications in the first three T Level pathways (the first wave). The intention is that these three T levels will be available for teaching from September 2020.