edpol.net The need for policy stability in education A critique of education policy formation and recommendations (England) In its 2015 analysis of education policy in the UK, as compared to An Institute of Government report in 2017 described an other jurisdictions, the OECD singled out the UK system as being education environment of ‘costly policy change and churn: New particularly subject to churn. In the UK, ‘rather than build on the organisations replace old ones; one policy is ended while a foundations laid by previous administrations, the temptation is always remarkably similar one is launched’ (Norris and Adam 2017, 3). to scrap existing initiatives and start afresh’ (OECD 2015, 152). Version 3.03 28th May 2020 (see end for version control) V 2.0 17th December 2019 Wall, Warriner, Luck 2019 and 2020 The English education system operates significantly below its potential. For a number of decades it has been damaged by “policy churn”: disruptive for classroom teaching, leadership and governance. In 40 years there have been over 80 major acts and on average, in each year, over 80 statutory instruments. Looking back over time, regardless of how achievements or failings might be viewed, success could have been far greater. Unintentionally, the extent of policy churn has undermined the most critical success factor for a leading education system: to recruit, retain and develop the best teachers (inc. college lecturers). At great cost to the country and with huge frustration for those involved, teachers have been leaving the profession in alarming numbers. Policy churn has restricted teachers’ ability to master their subjects and where policy has been imposed, it has led to alienation. Compliance has been encouraged rather than initiative and mastery. Many existing problems in education are the consequences of cumulative policy change. The best intentions have been negated by a Overview: revolving door of over ambitious secretaries of states (20 in 40 years) and many ministers (some 104 in 40 years), who have disregarded what has come before and overlooked the capacity of schools and colleges to absorb more change. The education landscape is littered with Damaging discontinued programmes and closed institutions. At the same time, the frequently changing inspection and accountability regime has policy churn discouraged strong, school led leadership. In this report, we aim to explain why this malaise exists; we look at the consequences of continuous change and we show that the UK and how to contrasts strongly with other countries that are deemed successful*. For these, stability, consensus, a long term view, and rigorous, highly qualified teachers are the norm. correct it A new policy framework is proposed, based on an improved DfE process, a developed knowledge base, strengthened professional institutions and holding ministers to account. Most importantly, this report emphasises the need for a long range plan (ten years minimum) in part to resolve some of the most intractable issues in education. This requires not only a longer time horizon, but also a formal and transparent engagement with education’s professionals, practitioners and wider interests. The abiding benefit would be policy initiatives that stand the test of time. This report does not take any view on government funding or take any view on needs. It emphasises that initiatives must be placed in the right order. Our wasteful and unproductive circle must be broken, by first fixing the policy and implementation process. *Note: At least as defined by PISA Wall, Warriner, Luck 2019 and 2020 edpol.net 2 The need for policy stability in education: Content Factors driving so much change and Extent of policy change in education churn Examples of policy change and churn Lessons from overseas Problems created by constant change Conclusions and recommendations Institutional enablers of change Wall, Warriner, Luck 2019 and 2020 edpol.net 3 1 Extent of policy change in education a. Summary: Policy change and churn is the dysfunctional characteristic of Education in England b. There have been over 80 Government Acts relating to Education since 1979 c. Education Acts have run at three to five times other departments d. The House of Lords highlighted the greater issue with “secondary legislation” in 2009 e. Statutory Instruments have run at an average of 88 per year since 1988 f. Statutory Instruments determine policy in the most critical areas of Education g. Education Acts are constantly reworked so there is no continuity h. The extent of existing policy makes it incomprehensible Wall, Warriner, Luck 2019 and 2020 edpol.net 4 1b There have been over 80 Acts relating to education since 1979 Education in England is characterised by high levels of ‘policy churn’ and this is driven through government legislation This happens ‘because each educational problem has numerous possible solutions’, it comes out of an adversarial party system and ‘it is relentlessly driven by force of habit, custom and institutional structure’ (Peck 2011, 779) Our new research shows that since the Education Reform Act 1988, the amount of new national legislation in education has been colossal Policy change in education is predominantly driven through Department for Education- sponsored legislation For initial orientation, examples of the most impactful legislation passed since 1979 are shown here Analysis of Luck, Warriner and Wall Wall, Warriner, Luck 2019 and 2020 edpol.net 5 1c Education acts have run at three to five times other key departments There have been three times more primary Number of General Acts in Forty Years Total Words of General Acts in Forty Years 2,000 legislation focusing on Education as have focused 1,500 on Health, and five times more than for matters of 1,000 Defence Thousands 500 - Transport Health Education Defense Any practitioner wishing to arrive at an understanding of all of the extant primary statute 100 law passed since 1979 would have nearly 1.8 million words to read (the equivalent of ten full 80 readings of Great Expectations) 60 A very large amount of this primary legislation 40 has been ‘empowering’. That is, it has authorised 20 the making of further and even more detailed law by regulation and order 0 Transport Health Education Defense Therefore a vast quantity of new education law has been made with very little scrutiny at all by those who might have doubts about its wisdom and good sense Analysis of Luck, Warriner and Wall Wall, Warriner, Luck 2019 and 2020 edpol.net 6 1d The House of Lords highlighted the issue with ‘secondary legislation’ in 2009 Acts of Parliament typically receive Royal Assent with large amounts of detail yet to be written Statutory Instruments (SIs) are ‘delegated’ or ‘secondary’ instruments and are used to fill in this detail at a later date A disproportionate quantity of SIs are made that relate to education. This was noted by the House of Lords in their 2008/9 review, conducted by the ‘Merits of Statutory Instruments Committee’ Around 80% of SIs take a ‘negative route’ through parliament; they do not need active approval One SI was used to abolish maintenance grants (Education (Student Support) (Amendment) Regulations 2015), and ‘just 18 MPs had the chance to discuss and approve this measure’ Note: This chart shows Sis laid by DCFS/DfES and considered by the Merits Committee each month between 2005 and 2008. Not all DCFS/DfES Sis affected schools; Merits of Statutory Instruments Committee 2009 (Hardman 2018, 102) Wall, Warriner, Luck 2019 and 2020 edpol.net 7 1e Statutory Instruments have run at an average of 88 per year since 1988 • Our research broadens the House of Lords study to the thirty-year period from 1988 to 2018. • There was an average of 88 SIs filed under education per year since 1988, and this is averaged at 68 for the Thatcher/Major years, 116 for the Blair/Brown years, and 61 for the Cameron/May years No. of Statutory Instruments Secondary legislation rose especially in the New No. of S.I.s Education No. of S.I.s Defence No. of S.I.s Transport Labour years, reaching 150 pieces of legislation in 160 2001 alone 140 120 Education in the past thirty-one years is strikingly higher than Defence or Transport: from 1988 it 100 has been on average 13 times higher (and much 80 higher than Health but the data is harder to 60 extract in a useable form) 40 20 The dip in 2016 and 2017 can reasonably be accounted for by the diverting of attention, 0 ministers, and civil servants to the newly founded 1990 1999 2008 2013 1989 1991 1992 1993 1994 1995 1996 1997 1998 2000 2001 2002 2003 2004 2005 2006 2007 2009 2010 2011 2012 2014 2015 2016 2017 2018 1988 DExEU, and the required focus on Brexit Analysis of Luck, Warriner and Wall Wall, Warriner, Luck 2019 and 2020 edpol.net 8 1f Analysis of Luck, Warriner and Wall 1988 since year per of 88 average an at run have Instruments Statutory • • Percentage of S.I.s including keyword in text keyword includingof S.I.s Percentage 10% 20% 30% 40% 50% 0% − − − illustratesThis the last over instruments Statutoryyears totheofthirty examinecontentrelated Educationwere Keywords used The focus on ‘standards’ and ‘learning‘standards’ onfocus The skills key stages and and of inpolicyassessment curriculum, changedominance The far The A Level Academies Academy - reaching nature of legislationreachingnatureof Admissions Adult A-Level Apprenticeships AS Level AS-Level Assessment Behaviour Curriculum Early Years Exclusion Extremism Finance Further Governance Health and Safety Higher Wall, Wall, Warriner, Luck2019